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HomeMy WebLinkAbout02-3402SALLY A. TIMMONS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : 2002 3y CIVIL TERM PAUL F. TIMMONS ° Defendant : IN DIVORCE NOTICE 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SALLY A. TIMMONS Plaintiff V. PAUL F. TIMMONS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002 - CIVIL TERM IN DIVORCE Q.Z - Sty py COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Sally A. Timmons, by and through her attorney, Rebecca R. Hughes, Esquire, and files this complaint in divorce against the Defendant, Paul F. Timmons, representing as follows: 1. The Plaintiff is Sally A. Timmons, an adult individual residing at 808 Wellington Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Paul F. Timmons, an adult individual whose address is unknown. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on July 1, 1978, and have been separated since May 28, 2002. 5. There are three (3) children born to this marriage: Jamie P. Timmons, born October 19, 1979; Gabrielle R. Timmons, bom January 29, 1984 (age 18); and Paul B. Timmons, born December 4, 1988 (age 13). 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the Court require the parties to participate in counseling. 8. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: N. Rebecca R. Hughes, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 67212 Date: July /I , 2002 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to auth Date: 2h 7. , 2002 y..T V O O 73v C r r- d SALLY A. TIMMONS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. PAUL F. TIMMONS Defendant CIVIL ACTION - LAW : 2002 - 3402 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and state: 1. That she is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the defendant, Paul F. Timmons, on July 24, 2002 by certified mail, return receipt requested, addressed to Paul F. Timmonts at Perfrmance Freight Systems, Inc. 160 Lemont Street, New Cumberland, PA 17070, with return receipt number 7001 2510 0009 2828 4845. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: ?- ?51- 6)3 By' Re ecca R. Hughes, Esquir Supreme Court Id # 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Sally A. Timmons Co Postage $ nl C13 Certified Fee xx postmark rt t Here Return Receipt Fee t1' (Endorsement Requred) O C3 Restricted Delivery Fee O (Endorsement Required) xx O Total Postage & Fees $ Sent To PAUL F TIMMON------------- tll `-- SYSTEMS INC -- --------- ------- a - CE FREIGHT ------- SMFff or O Ciry, State, ZIP+4 PA 17070 r'- NE{IT CiIMBERLAND t ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print,your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: E0660 L F TIKKONS FORMANCE FREIGHT SYSTEMS NT STREET LEMO CUMBERLAND PA 17070 Print Clearly) I B. Date of Delivery x Y A/% V j D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below. ? No 3. Service Type a certified mail ? Express Mail ? Registered 17 Return Receipt for Merchandise ? Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) 11 Yes 2. Article Number 7001 2510 0009 2828 4845 (Transfer from service label) 102595-01-M-1424 PS Form 3811, March 2001 Domestic Return Receipt c SALLY A. TIMMONS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PAUL F. TIMMONS :2002 - 3402 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE AND ENTER AN APPEARANCE PR 0 THONA TA R y. Please withdraw the appearance of Rebecca R. Hughes, Esquire, and enter the appearance of Samuel L. Andes, Esquire, on behalf of the Plaintiff, Sally A. Timmons, in this matter. Respectfully submitted, IRWIN , c/NIGH T & HUGHES February /f7 , 2003 '? ?77+ %? n February t( , 2003 e • An , Fsqu e f CD f v tom . S ?- SALLY A. TIMMONS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3402 CIVIL TERM PAUL F. TIMMONS, Defendant IN DIVORCE ORDER OF COURT %'' AND NOW this??? day of zu? , 2003, upon consideration of the attached Petition, we hereby order and decree as follows: 1. A hearing is hereby scheduled on Plaintiff's Petition for Emergency Relief, to be held before the undersigned, commencing at / 130 o'clock '9 m. on 2003; and the day of 2. Pendin such hearing, Defendant shall not sell, convey, transfer, assign, encumber, or otherwise dispose of any marital property of the parties, specifically including any interest he owns or holds in Performance Freight Systems, Inc., Hi Performance Leasing LLC., and HP Partners. BY THE COURT,, DISTRIBUTION: Samuel L. Andes, Esquire /Attorney for Plaintiff) 525 North 121h Street, Lemoyne, PA 17043 David Baric, Esquire (Attorney for Defendant) 17 West South Street, Carlisle, PA 17013 MIWAIASNN3d SALLY A. TIMMONS Plaintiff V. PAUL F. TIMMONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3802 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please note my withdrawal as counsel for Paul F. Timmons, Defendant, in the a ove matter. Dated: 5 (&-f©3 By: David A. Baric, Esquire Kindly enter my appearance on behalf of Paul F. Timmons, Defendant, in the above matter. Dated: ?- b -" Susan K an ello, Esquire C) r > G; SALLY A. TIMMONS, Plaintiff vs. PAUL F. TIMMONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3402 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this .1 `/f day of March, 2003, upon the agreement of the parties, the hearing scheduled in this matter for March 21, 2003, is hereby continued generally and will be rescheduled at the request of either party. Pending that hearing, or written agreement of the parties, Defendant shall not sell, convey, transfer, assign, encumber, or otherwise dispose of any marital property of the parties, specifically including any interest he owns or holds in Performance Freight Systems, Inc., and Hi Performance Leasing, LLC, and HP Partners. BY THE COURT, J. DISTRIBUTION: Samuel L. Andes, Attorney for Plaintiff, 525 . 12th Street, Lemoyne, PA 17043 /YL? Susan Candiello, Attorney for Defendant, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17055 NVI SALLY A. TIMMONS V PAUL F. TIMMONS IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA Plaintiff No.2002-3402 Defendant. CIVIL ACTION-LAW IN DIVORCE PETITION TO ACTIVATE/REINSTATE PURGED FILE AND DIVORCE COMPLAINT TO THE HONORABLE JUDGE OF THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY: COMES NOW, Plaintiff, Sally Timmons, by and through her attorney K. Lee Derr, Esq., and re- spectfully represents and petitions as follows: 1. Petitioner is the plaintiff in the above-captioned matter. 2. In July of 2002, a complaint in Divorce was filed by Plaintiff and served on Paul Timmons, the Defendant in this matter. 3. Plaintiffs attempts to prosecute this case and assert her rights under the Divorce Code were met by numerous procedural tactics and continuances which stalled the action, and made attempts to fur- ther prosecute this matter economically unfeasible for Plaintiff. 4. However, due to the passage of time and actions of the parties, there are no longer any issues of support, custody, fees, or property distribution remaining. The only remaining issue is the entry of a formal decree of divorce in this matter. 5. Plaintiff/Petitioner contacted the undersigned counsel to request entry of divorce in this case. 6. On behalf of Plaintiff/Petitioner, I prepared an Affidavit Alleging the Requisite Separation Period for Entry of a Divorce Decree, Notice of Intention to Request Entry of Divorce Decree, and a pro- posed Decree of Divorce. 7. When those papers were presented to the Prothonotary, Plaintiff was informed that her file in this matter had been deactivated. Plaintiff was told to file a Praecipe to Reinstate her Complaint and case file in this matter. 8. On behalf of Petitioner/Plaintiff, I prepared said Praecipe, and served it, as well as all of the above mentioned documents on Defendant at his known address. The originals of said documents are attached hereto for the Court's purview, and incorporated by reference herein. 9. However, when I presented these pleadings to the Prothonotary, I was then informed that the file in this matter had been "purged." 10. As there is no uniform procedure, nor notice given when files are deactivated and/or purged, Petitioner/Plaintiff hereby urges that the interests of justice and the public policy of the Common- wealth should allow the opening of this case file for the (sole) purpose of entry of a decree of di- vorce in this matter. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant leave to Petitioner, to request entry of a divorce decree in this matter, without need to incur the additional time and ex- pense of opening an entirely new case file and docket. RESPECT Law Rd 17015 PA ID No. 71860 SUBMITTED: Attorney At 105 Frytown Carlisle, PA SALLY A. TIMMONS v PAUL F. TIMMONS Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of K. Lee Derr, Esq. on behalf of the Plaintiff Sally A. Timmons, in this matter. Dated: o? 'KKLL 'eeDerr, Esquire PA ID No. 71860 SALLY A. TIMMONS v PAUL F. TIMMONS IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA Plaintiff Defendant. No.2002-3402 CIVIL ACTION-LAW IN DIVORCE CERTIFICATE AND PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND I am a resident of the county of Cumberland, and am over the age of eighteen years,and hereby certify that the following is true and correct: On MarchW?,2008, I served the following documents Praecipe To Reinstate Complaint In Divorce And To Activate File Plaintiffs Affidavit Under Section 3301 Of The Divorce Code Notice Of Intention To Request Entry Of Divorce Decree Praecipe To Enter Appearance on the Defendant in this action at his current and known address by placing a true copy thereof en- closed in a sealed envelope deposited in the United States mail, first class, postage prepaid at Har- risburg, PA, addressed as follows: Paul F. Timmons ?Sl k) - 6esK?f Hershey, PA 17033 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 unworn falsifica- tion to authorities. X7 Dated: ?.?y.2e"9 Lee Derr, Esq. Attorney for Plaintiff SALLY A. TIMMONS V PAUL F. TIMMONS Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT IN DIVORCE AND TO ACTIVATE FILE TO THE PROTHONOTARY: COMES NOW Plaintiff, SALLY A. TIMMONS, by and through her attorney, and asks that the Honorable Prothonotary reinstate the Complaint in Divorce filed and served in this matter or otherwise reactivate the file with regard to above-captioned case number. RESPECTFULIt SUBMITTED: BY K. Lee Derr Attorney At Law 105 Frytown Rd Carlisle, PA 17015 PA ID No. 71860 SALLY A. TIMMONS V PAUL F. TIMMONS IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA Plaintiff No.2002-3402 Defendant. CIVIL ACTION-LAW IN DIVORCE CERTIFICATE AND PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND I am a resident of the county of Cumberland, and am over the age of eighteen years,and hereby certify that the following is true and correct: On MarchW?,2008, I served the following documents Praecipe To Reinstate Complaint In Divorce And To Activate File Plaintiffs Affidavit Under Section 3301 Of The Divorce Code Notice Of Intention To Request Entry Of Divorce Decree Praecipe To Enter Appearance on the Defendant in this action at his current and known address by placing a true copy thereof en- closed in a sealed envelope deposited in the United States mail, first class, postage prepaid at Har- risburg, PA, addressed as follows: Paul F. Timmons yS9 ?C??sfti?f Hershey, PA 17033 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 unworn falsifica- tion to authorities. , Dated: Lee Derr, Esq. Attorney for Plaintiff SALLY A. TIMMONS V PAUL F. TIMMONS Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 CIVIL ACTION-LAW IN DIVORCE Notice of Intention to Request Entry of Divorce Decree TO DEFENDANT PAUL F. TIMMONS: Plaintiff, Sally A. Timmons, will file with the Prothonotary the attached Affidavit Alleging the Requisite Separation Period for Entry of a Divorce Decree and her Praecipe to Tramsit the Re cord for purposes of entry of a final Decree of Divorce by this Honorable Court. DATED: _719 B' Attorney for Plaintiff SALLY A. TIMMONS V PAUL F. TIMMONS Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 CIVIL ACTION-LAW IN DIVORCE Affidavit AIleaine Requisite Separation Period for Entry of a Divorce Decree NOTICE TO THE DEFENDANT: If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you, or the statements will be admit- ted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 OF THE DIVORCE CODE 1. The Complaint In Divorce was served on defendant, Paul F. Timmons, on July 24, 2002. Defendant failed to contest the Complaint or to file a formal Answer/Response to same. 2. The Defendant and I first separated in 2002, and have lived separate and apart for over two consecutive years. 3. The marriage is irretrievably broken. 4. There are no minor children of the parties, and no pending or remaining claims for child support, division of property, or lawyer's fees/expenses. 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 unworn falsifica- tion to authorities. Dated: J / Sally A. immon, Plaintiff SALLY A. TIMMONS V PAUL F. TIMMONS Plaintiff Defendant. No.2002-3402 CIVIL ACTION-LAW IN DIVORCE CERTIFICATE AND PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND I am a resident of the county of Cumberland, and am over the age of eighteen years,and hereby certify that the following is true and correct: On March2Y2008, I served the following documents Praecipe To Reinstate Complaint In Divorce And To Activate File Plaintiffs Affidavit Under Section 3301 Of The Divorce Code Notice Of Intention To Request Entry Of Divorce Decree Praecipe To Enter Appearance on the Defendant in this action at his current and known address by placing a true copy thereof en- closed in a sealed envelope deposited in the United States mail, first class, postage prepaid at Har- risburg, PA, addressed as follows: Paul F. Timmons yS9 ? ?i?s?isa ?`' Hershey, PA 17033 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 unworn falsifica- tion to authorities. " Dated: 2eo8 IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA Lee Den, Esq. Attorney for Plaintiff SALLY A. TIMMONS V PAUL F. TIMMONS IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA Plaintiff Defendant. No.2002-3402 CIVIL ACTION-LAW IN DIVORCE CERTIFICATE AND PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND I am a resident of the county of Cumberland, and am over the age of eighteen years,and hereby certify that the following is true and correct: On May 14, 2008, I served the following documents PETITION TO ACTIVATE/REINSTATE PURGED FILL AND DIVORCE COMPLAINT on the Defendant in this action at his current and known address by placing a true copy thereof en- closed in a sealed envelope deposited in the United States mail, first class, postage prepaid at Har- risburg, PA, addressed as follows: Paul F. Timmons 459 W. Chestnut Hershey, PA 17033 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 falsifica- tion to authorities. Dated: ? dg Lee Derr, Esq. Attorney for Plaintiff +-.? C"r ?:? C? c°<a <:' ,. ?; ? _ ? . ., ? ? Cµ) t-; t`? 6"? "? ? i. ? > ? ( ? ? "?AIV?. SALLY A. TIMMONS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 V PAUL F. TIMMONS Defendant. CIVIL ACTION-LAW IN DIVORCE AMENDMENT TO PETITION TO ACTIVATE/REINSTATE PURGEJ2 FILE AND DI- VORCE COMPLAINT PURSUANT TO LOCAL RULE 208.3((a)(2)(9) TO THE HONORABLE JUDGE OF THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY: COMES NOW, Plaintiff, Sally Timmons, by and through her attorney and amends her Petition To Activate/Reinstate Purged File And Divorce Complaint as follows: 1. Plaintiff incorporates by reference all of the averments contained in the original Petition To Activate/Reinstate Purged File filed in this matter as if set forth in full herein. 2. To both Plaintiffs and her attorney's knowledge, Defendant is no longer represented by coun- sel. However, to accomodate the court's request under Rule 208.3(a)(9), a copy of the Petition and this amendment was sent to the last known opposing counsel as indicated on the attached Proof of Service. 3. Pursuant to Rule 208.3(a)(2), although one motion had been filed in this matter, to both Plain- tiff s and her attorney's knowledge, no Judge has ever made any Rulings or issued any Orders other than the scheduling of a date for said motion, which was later continued and never heard. RESPECTFU Y BY K. Lee Derr Attorney At Law 105 Frytown Rd Carlisle, PA 17015 PA ID No. 71860 SALLY A. TIDMMONS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 V PAUL F. TIMMONS Defendant. CIVIL ACTION-LAW IN DIVORCE CERTIFICATE AND PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND I am a resident of the county of Cumberland, and am over the age of eighteen years,and hereby certify that the following is true and correct: On June 28, 2008, I served the following documents PETITION TO ACTIVATE/REINSTATE PURGED FILL AND DIVORCE COMPLAINT AND AMENDMENT THERETO PURSUANT TO LOCAL RULE 208.3 on the Defendant in this action at his current and known address by placing a true copy thereof en- closed in a sealed envelope deposited in the United States mail, first class, postage prepaid at Har- risburg, PA, addressed as follows: Susan Candiello Attorney for Defendant 5021 E Trindle Road, Suite 100 Mechanicsburg PA 17055 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 falsifica- tion to authorities. Dated: G d O9 Attorney for Plaintiff SALLY A. TIMMONS V PAUL F. TIMMONS Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 CIVIL ACTION-LAW IN DIVORCE PETITION TO ACTIVATE/REINSTATE PURGED FILE AND DIVORCE COMPLAINT TO THE HONORABLE JUDGE OF THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY: COMES NOW, Plaintiff, Sally Timmons, by and through her attorney K. Lee Derr, Esq., and re- spectfully represents and petitions as follows: 1. Petitioner is the plaintiff in the above-captioned matter. 2. In July of 2002, a complaint in Divorce was filed by Plaintiff and served on Paul Timmons, the Defendant in this matter. 3. Plaintiffs attempts to prosecute this case and assert her rights under the Divorce Code were met by numerous procedural tactics and continuances which stalled the action, and made attempts to fur- ther prosecute this matter economically unfeasible for Plaintiff. 4. However, due to the passage of time and actions of the parties, there are no longer any issues of support, custody, fees, or property distribution remaining. The only remaining issue is the entry of a formal decree of divorce in this matter. 5. Plaintiff/Petitioner contacted the undersigned counsel to request entry of divorce in this case. 6. On behalf of Plaintiff/Petitioner, I prepared an Affidavit Alleging the Requisite Separation Period for Entry of a Divorce Decree, Notice of Intention to Request Entry of Divorce Decree, and a pro- posed Decree of Divorce. 7. When those papers were presented to the Prothonotary, Plaintiff was informed that her file in this matter had been deactivated. Plaintiff was told to file a Praecipe to Reinstate her Complaint and case file in this matter. 8. On behalf of Petitioner/Plaintiff, I prepared said Praecipe, and served it, as well as all of the above mentioned documents on Defendant at his known address. The originals of said documents are attached hereto for the Court's purview, and incorporated by reference herein. 9. However, when I presented these pleadings to the Prothonotary, I was then informed that the file in this matter had been "purged." 10. As there is no uniform procedure, nor notice given when files are deactivated and/or purged, Petitioner/Plaintiffhereby urges that the interests of justice and the public policy of the Common- wealth should allow the opening of this case file for the (sole) purpose of entry of a decree of di- vorce in this matter. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant leave to Petitioner, to request entry of a divorce decree in this matter, without need to incur the additional time and ex- pense of opening an entirely new case file and docket. RESPECTFULLY SUBMITTED: BY K. Lee Derr Attorney At Law 105 Frytown Rd Carlisle, PA 17015 PA ID No. 71860 SALLY A. TIMMONS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 V PAUL F. TIMMONS Defendant. CIVIL ACTION-LAW IN DIVORCE Rule to Show Cause Re: Grant of Petition To Re-activate File AND NOW, this day of , 2008, upon consideration of the averments set forth in the Petition To Activate/Reinstate Purged File And Divorce Complaint, and upon motion of K. Lee Derr, Esquire, counsel for petitioner, a Rule is granted upon the respondent to show cause why the prayer of the petition should not be granted. RULE RETURNABLE the 20 the at o'clock, County Court House, day of m., in Court Room Pennsylvania. By the Court, of J. SALLY A. TIMMONS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 V PAUL F. TIMMONS Defendant. CIVIL ACTION-LAW IN DIVORCE ORDER GRANTING PETITION TO REACTIVATE FILE ORDER AND NOW, this day of , 2008, the within petition to reactivate file and allow the assertion of claims under the provisions of the Pennsylvania Divorce Code is granted. By the Court, J. SALLY A. TIMMONS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 V PAUL F. TIMMONS Defendant. CIVIL ACTION-LAW IN DIVORCE Affidavit Allep-ins Requisite Separation Period for Entrv of a Divorce Decree NOTICE TO THE DEFENDANT: If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you, or the statements will be admit- ted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 OF THE DIVORCE CODE I . The Complaint In Divorce was served on defendant, Paul F. Timmons, on July 24, 2002. Defendant failed to contest the Complaint or to file a formal Answer/Response to same. 2. The Defendant and I first separated in 2002, and have lived separate and apart for over two consecutive years. 3. The marriage is irretrievably broken. 4. There are no minor children of the parties, and no pending or remaining claims for child support, division of property, or lawyer's fees/expenses. 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 falsifica- tion to authorities. Dated: Sally A. Timmons, Plaintiff SALLY A. TIMMONS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 V PAUL F. TIMMONS Defendant. CIVIL ACTION-LAW IN DIVORCE Notice of Intention to Reauest Entry of Divorce Decree TO DEFENDANT PAUL F. TIMMONS: Plaintiff, Sally A. Timmons, will file with the Prothonotary the attached Affidavit Alleging the Requisite Separation Period for Entry of a Divorce Decree and her Praecipe to Tramsit the Re cord for purposes of entry of a final Decree of Divorce by this Honorable Court. DATED: BY K. Lee Derr Attorney for Plaintiff SALLY A. TIMMONS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 V PAUL F. TIMMONS Defendant. CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT FILE TO THE HONORABLE JUDGE FOR PURPOSES OF ENTRY OF DIVORCE DECREE TO THE PROTHONOTARY: COMES NOW Plaintiff, SALLY A. TIMMONS, by and through her attorney, and asks that the Honorable Prothonotary transmit to the appropriate Judge of this court the file in the above-captioned matter with regard to her Request For Entry of Decree of Divorce. RESPECTFULLY SUBMITTED: BY K. Lee Derr Attorney At Law 105 Frytown Rd Carlisle, PA 17015 PA ID No. 71860 SALLY A. TIMMONS V PAUL F. TIMMONS Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 CIVIL ACTION-LAW IN DIVORCE CERTIFICATE AND PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND I am a resident of the county of Cumberland, and am over the age of eighteen years,and hereby certify that the following is true and correct: On May 14, 2008, I served the following documents PETITION TO ACTIVATE/REINSTATE PURGED FILE AND DIVORCE COMPLAINT on the Defendant in this action at his current and known address by placing a true copy thereof en- closed in a sealed envelope deposited in the United States mail, first class, postage prepaid at Har- risburg, PA, addressed as follows: Paul F. Timmons 459 W. Chestnut Hershey, PA 17033 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 falsifica- tion to authorities. Dated: K. Lee Derr, Esq. Attorney for Plaintiff SALLY A. TIMMONS V PAUL F. TIMMONS Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 CIVIL ACTION-LAW IN DIVORCE REQUEST FOR ENTRY OF A DECREE OF DIVORCE TO THE HONORABLE JUDGE for the Court of Common Pleas, Cumberland County, Penna.: COMES NOW Plaintiff, Sally A. Timmons, and submits her Affidavit and her Request that this Honorable court enter a Decree of Divorce in the above-captioned matter. RESPECTFULLY SUBMITTED: BY K. Lee Derr, Attorney for Plaintiff 105 Frytown Rd Carlisle, PA 17015 PA ID No. 71860 N ; `7 ?':: ? ? 7"t r , 1 `t = G.... ?"{ ?l ?..?. r?-_ ri7 ? - ??,? , `? _ -- ? _._. ; .. ? ?` .._ _? SALLY A. TIMMONS Plaintiff ) V ) PAUL F. TIMMONS ) Defendant. ) IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 CIVIL ACTION-LAW IN DIVORCE Rule to Show Cause Re: Grant of Petition To Re-activate File AND NOW, this 20 day of , 2008, upon consideration of the averments set forth in the Petition To Activate/Re' state Purged File And Divorce Complaint, and upon motion of K. Lee Derr, Esquire, counsel for petitioner, a Rule is granted upon the respondent to show cause why the prayer of the petition should not be granted. zo ??g;, J.?PV,w RULE RETURNABLE the------- day of , the -count,- -Al;; ie, Penns?i the Court, J. S,rvCrimw;y., C tpQ, -w3Q-:? )-,? LA?-? 53 I C6 _ s g 'a`ii adAI,kSN 3d 6 o ;c wd 1 z inp o OZ MAY 1 6 2008 e' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA No.2002-3402 V SALLY A. TIMMONS PAUL F. TIMMONS Rule to Show Cause Re: Grant of Petition To Re-activate File AND NOW, this ,L&day of , 2008, upon consideration of the averments set forth in the Petition To Activate/Rein ate Purged File And Divorce Complaint, and upon motion of K. Lee Derr, Esquire, counsel for petitioner, a Rule is granted upon the respondent to show cause why the prayer of the petition shRuld not be granted. .?0 c12Y r 8+-?vt . Sit c,r tom, RULE RETURNABLE the -day af' , Ift Room ?n + i 1Yz of, a. Defendant. CIVIL ACTION-LAW IN DIVORCE By the Court, ///? \J . . // . . .. . / /? -//A A -4 CURTIS R. LONG Prothonotary Cumberland County One Courthouse SquareOF THE V '-. ±fA? Y Carlisle, PA 17013 L V U t O i¢jes pcks?T F ?* PfINf 4 02 1.A $ 01 0004631598 JUL MAILED FROM ZIP CO[ PAUL F. TIMMONS 459 W. CHESTNUT HERSHEY, "' 4 -7f)-'2q 17<? NEE 1 SOS3 Oe 07/; T2MMONS RETURN TO SENDER MOVED LEFT NO ADDRESS UNABLE TO FORWARD RETURN TO SENDER BC: 1701 E0119-07699-. ?`s=3=~?:???'::_? ?? ?=??i,= l,,,lii,,,ill,,,,,,ll„Il,l,?1,1