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Home My WebLink About01-04990 ,._ y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. -~~ ,.. „ MART,FniFt A. MOE'FA, ~"'' Plaintiff VERSUS TIMOTHY M. MOFFA~ Defendant N O. 01-4990 DEGREE IN DIVORCE AND NOW, ~GGC,..~.tr ~ ~ 201 IT IS ORDERED AND MART.FNF A. MOFFA DECREED THAT ,PLAINTIFF, AND TIMOTHY M. MOFFA ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY THE COURT: PROTHONOTARY ~, ~ _, - tA4~*=and;ms~ra~^.neGSt°Y~?°+nxeik's?rp~. %w9~~M&'?2l~~wi~ r Bazbaza Sumple-Sullivan, Esquire Supreme Comt #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARLENE A. MOFFA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. TIMOTHY M. MOFFA, Defendant NO. 01-4990 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. Uate and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on August 30, 2001. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff December 8, 2001; by Defendant December 20, 2001. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: December 27, 2001. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: December 27, 2001. /~ Dated: December 27, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 MARLENE A. MOFFA, Plaintiff v. TIMOTHY M. MOFFA, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~I' I~D CIV~ I CIVIL ACTION -LAW 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 maybe entered against you by the Court. A judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you niay request marriage counseling. A list of marriage counselors is available in the Domestic :.Relations Office at the County Courthouse. 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. 1F 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 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARLENE A. MOFFA, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ~~- o TIMOTHY M. MOFFA, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE Plaintiff is MARLENE A. MOFFA, an adult individual residing at 19 Market Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. Defendant is TIMOTHY M. MOFFA, an adult individual residing at 19 Market Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on June 26, 1996 in Winchester, Virginia. 5. There are no children born of this marriage. 6. The parties separated on August 1, 2001. 7. There have been no prior actions for divorce or annulment between the parties. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I -DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, MARLENE A. MOFFA, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and reasonable. Dated: r~,, , 2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-193] (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Sheet New Cumberland, PA 17070 (717) 774-1445 MARLENE A. MOFFA, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. TIMOTHY M. MOFFA, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT RE ARDIN CO .IN I 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. I understand that the Court maintains a list of marriage counselors in the Domesfic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: ~~ ~( ~t~l?l 1~.fF~-rj~ MARLENE A. MOFFA Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARLENE A. MOFFA, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. TIMOTHY M. MOFFA, :CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, MARLENE A. MOFFA, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: g ~ a ~ , 2001~~~ ~~ ~/'~j~[~ MARLENE A. MOFFA~~ s Barbara Sumple-Sullivan, Esquire Supreme Court 1{32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARLENE A. MOFFA, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4990 TIMOTHY M. MOFFA, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Timothy M. Moffa 3908 Greenbriar Terrace Harrisburg, PA 17109 DATED: December 27, 2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 C G C7 ?F~ -~ ~ ` ~ ~ '-~ i?~ ~ v r'n _ ~- -~ -cam ! ~ ~ l-' ~ _ r~ ~Fi ~>~ ~a ~ s 1 i ~~ ,f ~_ t . Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARLENE A. MOFFA, : 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4990 TIMOTHY M. MOFFA, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3066, Return Receipt Requested, on the above- named Defendant, Timothy M. Moffa, on August 30, 2001 at Defendant's last known address: 19 Market Street, Wormleysburg, PA 17043. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: August 31, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff F~°~ •_i g . t' .. 0 N Postage $ e sn eO Certified Fee t2.lu m Return Receipt Fee Sl yn r-9 , (Endorsement Requlretl) V Restrictatl Delivery Fee 2 ~(i (Endorsement Requiretl) ~•-- Total Posage 8 Fees $ ~ ~.,'}~ t~'o~ e~ ~ ° re"'~Nimo~ v y i . . o - -~~---- ~~rg ~ r , a e, P+ -~" v?r rsesmcted Delivery is desired, PiYint your name and address on the reverse aq thaf we can return the card to you. ~~ teach .this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed [o: • T~~Y M. Moffa 19 ?'ket Street ~tl.eysbtxrg, pA 17043 2. Article N,,..•~.e, m___ ~_-- ru~.?a 9~6' ~a~~ ~~~ P< US12Ef21?I?i C. ~Qf rl~a (~~ ^ Agent 0. Is delivery address dIR ~ f ruor~ from item 1? ^ Yes If VES, enter delivery address below: ~ ^ No 3. Service Type 1~ Certified Mail ^ Express Mail ^ Registered ^ ReturroReceipt for Merchandise ^ Insured Mail ^ C.O.D. EXHIBIT "A" i ,- .. ;-~.-: c'> r : ~- - . __.. `- _. ,, t~i~ `Y - ~ - .: i~..` Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MARLENE A. MOFFA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. TIMOTHY M. MOFFA, Defendant NO. 01-4990 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 27, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswotn falsification to authorities. DATE: ~a' ~ , 2001 _'~~~ . ~~7 /1T~+ MARLENE A. MOFFA ~ CJ t=i ~ -'"' ~ . O rnrr• .-~ ~ ~ L~J ~ ' " ~~ ' ~ ' y~ W <lt i~j C:9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARLENE A. MOFFA, Plaintiff v. TIMOTHY M. MOFFA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4990 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §33010 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately afrer it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: /a - ~ - , 2001 / '~llJllXiL1.~l ~ 1271~(~/~ MARI.ENE A. MOFFA C'7 ~ n G -°" ~: ~ J} i:ITT'. ."7 ~ ZJ7 -: m -C.::.. J.C7 G.=.; ..~ ---.. ~ C .. --t Z ~ 37 ~ f:7 ~ .. ~~ Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARLENE A. MOFFA, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4990 TIMOTHY M. MOFFA, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 27, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of properly, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~a /~, 2001 ~~=,1~~ TIMOTHY M. MOFFA ,. _ , <., COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared TIMOTHY M. MOFFA, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this o2D day of ~ , 2001. NO ARY PUBLIC My Commission Expires: (SEAL) Notarial Seal Mildred E. Walket, No Public Lower Paxton Twp., Dauphin County My Commission Expires Nov 15, ~4 Member, Pennsylvania Associatlon Ot NOharfes c ~' v~ o ~T+rr + TT ai n ~ ~::. ~ `C •-. ,.: ~~ `f7 yy~C) lj~ :, c~ <_? r-''x -',, f~ ~c1 rn ~~ K .,~ Bazbaza Sumple-Sullivan, Esquire Supreme Court#32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MARLENE A. MOFFA, Plaintiff v. TIMOTHY M. MOFFA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4990 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(0 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: /a ~~ , 2001 ~~~~ry~ ~% ~ TIMOTHY M. MOFFA .. COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared TIMOTHY M. MOFFA, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE are true and correct to the best of his lalowledge, information and belief. Affirmed and subscribed to before me this _~ day of ! IOCPa~n~!' 2001. N TARY PUBLIC My Commission Expires: (SEAL) Notarial Seal Mildred E. Walker, NotarK Public Lower Paxton 7wp. Dauptlm Coonry My Commission Expires Nov. 15, 2004 Memtx3r, Pennsylvania Association of Notaries 2 c ° a _~ T w ~ .,, - ~ m r r''t _ ~~. rCJ. . 't~~ n C~ ~, -~ c`~ . c ;.a ~~rn ~_ --~ :r2 ~{ -<