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Home My WebLink About06-5881Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 CAROL DUDZINSKI, Plaintiff V. DARRIN DUDZINSKI, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OL- SPfl CIVIL TERM CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 CAROL DUDZINSKI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO 01,,_S-oOjy CIVIL TERM V. CIVIL ACTION - LAW DARRIN DUDZINSKI IN DIVORCE Defendant : COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Carol Dudzinski, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Darrin Dudzinski: 1. The Plaintiff is Carol Dudzinski, an adult individual, residing at 1437 Northampton Lane, New Cumberland, Cumberland County, Pennsylvania 17070. Plaintiffs Social Security Number is 293-72-2660. 2. The Defendant is Darrin Dudzinski, an adult individual, residing at 1437 Northampton Lane, New Cumberland, Cumberland County, Pennsylvania 17070. Defendant's Social Security Number is 175-40-9304. 3. The Plaintiff and Defendant were married on April 22, 1995 in Hershey, Dauphin County, Pennsylvania. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. COUNT H - EQUITABLE DISTRIBUTION 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length. 11. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 12. Plaintiff and Defendant have incurred certain debts during their marriage. 13. The parties may but have not yet entered agreements for the resolution of their divorce and equitable distribution. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property and debt. JOHNSON, DUFFIE, STEWART & WEIDNER I . 6 ?C:z ? elissa Peel Greevy 1/ :284286 VERIFICATION I, Carol Dudzinski, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: A) ' Q 6 '& '/ L'14? ?' _P4, Carol Dudzinski 97 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CAROL DUDZINSKI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 06- ?I CIVIL TERM V. CIVIL ACTION - LAW DARRIN DUDZINSKI, IN DIVORCE Defendant AFFIDAVIT CAROL DUDZINSKI, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: - 6-ALI?koa Carol Dudzinski o ZZ `% c N c c r? c Q ry rrr, - - r r. t-? y CIl Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com CAROL DUDZINSKI, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DARRIN DUDZINSKI, Defendant ACCEPTANCE OF SERVICE NO. 06-5881 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE I, Darrin Dudzinski, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on October 6, 2006 by the Plaintiff in the above-captioned divorce action. _f Date: BY: Darrin Dudzinski 284960 c? c=:;t d r, . N t-n efiirol A,?insk;, vs Case NoP 6, * ?- S? I'; Y1 21 adb M- L&2 Statement of Intention to Proceed To the Court: , ?c ?\ ?.1 1 fT intends to proceed with the above captioned matter. Print Namne'V'`?S`?? ??Vi? SignNa e k,4WCt1J ? Date: Attorney forT"4-?Itt &'0 Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. FILE OF THE PRO r " ,\ O ARY 2009 SEP 14 PM 2.21 Gum,0 ? Y V i. Lei.- r i..IC' PRO H _, , ti f) 23 12 MAR -I PM 1: a 7 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com CAROL DUDZINSKI, Plaintiff v. DARRIN DUDZINSKI, Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: CIVIL ACTION - LAW IN DIVORCE Kindly discontinue the above-captioned action, without prejudice. Date: L,eesu ted, TEWART & WEIDNER FIE, S Imit Melissa Peel Greevy, Esquire Counsel for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5881 CIVIL TERM :483759 CERTIFICATE OF SERVICE AND NOW, this nday of February, 2012, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe to Discontinue upon the Defendant by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Darrin Dudzinski 1437 Northampton Lane New Cumberland, PA 17070 J NSO , DUFFIE, STEWART & WEIDNER Y 'Meli'ss'a Peel reevy