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Home My WebLink About09-2412 Helen L. Moats IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA Z yJz v. NO. 09- 94;' CIVIL TERM Shane E. Moats : 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 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, 1 Courthouse Square, Carlisle, Pennsylvania. 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Y -' Helen L. Moats Plaintiff V. Shane E. Moats Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- a Y iz CIVIL TERM IN DIVORCE ``COMPLAINT UNDER 0301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is Al El al M WA C , who currently resides at Cumberland County, Pennsylvania. 2. Defendant is P_ ?' H TJ? _ C , who currently resides at ?? LI r1 kwft rd `?rJ?k I?a?n Irani 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on at yOrV, Q Q 5. The marriage is irretrievably broken, and the parties separated on 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. W / /c, ;^ • -- Date Plaintiff, Pro Se 1,2?fln M(X??? , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. y/s/o9 Date: Plaintiff, Pro Se Assisted by: Darren I Hoist, Esq. Howett, Kissinger & Hoist, P.C. 130 Walnut St., P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 vt 1, if' ?sT1Jl? OF THE PIR",C)T, "T'M7ARY 2009 APR 16 F Isl 2: 22 20'0'9 APR Pil 2: 17 p A ?• u 1 Helen L. Moats Plaintiff V. Shane E. Moats Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- CIVIL TERM : IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Helen L. Moats. Plaintiff, to proceed in forma au eris. I, Darren J. Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Darren . Holst, Esquire Attorney for Plaintiff Howett, Kissinger & Holst, P.C. 130 Walnut St., P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 RLE 0 a=AGE LED- t - ICE: ? , i' ;!"YOT,ARY OF TN- 113TH THE E 2009 A P916 P 2: 3019 APIA 16 PH 2.2 2 C ?I; ?7 Fl hall/{ f EI?V?G'li yi i„}Y=Ai JA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN L. MOATS, Plaintiff ) V. ) SHANE E. MOATS, ) Defendant ) NO. 2009-2412 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Darren J. Holst, Esquire, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 27`h day of April, 2009, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Shane E. Moats, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 564 Yorkhaven Road, Yorkhaven, PA, 17370, the Defendant's last known address, and that the return receipt card which was signed by Shane E. Moats, marked as having been delivered to him on May 5, 2009, is attached hereto and made a part hereof. Darren J. 1st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Helen L. Moats SWORN TO AND SUBSCRIBED me. this 12`h day of May, 2009. Public COMMONWEALTH 0 NsyLVANIA NOTARIAL SEAL DEBRA M. SHIMP, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMIS 'I ,EXPIRES AUG 29 2009 LAW OFFICES OF IdOWETT, KISSINGER & HOLS'T, P.C. f 1'0 bVALNUT STREET POST OFFICE BOX 3:0 HARRISBCRG.PEUVSYLVANIA 1?t0$ JOHN C. HOWETT, JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA > IcCLINCY DARR DEBRA M. SHIMP Leeal Assistant April 27, 2009 VIA CERTIFIED MAIL RESTRICTED DELIVERY RETURIV RECEIPT REQUESTED & REGULAR MAIL Mr. Shane E. Moats 564 Yorlchaven Road Yorkhaven, PA 173 70 Re: Moats v. Moats No. 09-2412 Civil Term Dear Mr. Moats: (717) 234-2616 FAX (717) 2?4-5402 Your estranged spouse, Helen L. Moats, has filed a Complaint for No-Fault Divorce with the Court of Common Pleas of Cumberland County. Enclosed herein, constituting service under the Rules of Civil Procedure, please find a time-stamped copy of the Complaint, which was filed on April 16, 2009. Also enclosed herein you will find an Acceptance of Service acknowledging you received a copy of the Divorce Complaint. Please sign and date the Acceptance and return it to our office in the enclosed self-addressed stamped envelope. Signing the Acceptance is not an acknowledgment that the marriage is irretrievably broken nor is it affirming your consent to a divorce decree being entered. It simply confirms you received a copy of the enclosed divorce complaint. I thank you in advance for executing the Acceptance and returning it in the enclosed self-addressed stamped envelope. You will further find enclosed several other documents. First is a Notice of Availability of Counseling. Under the laws of Pennsylvania, either party can request counseling when a no- fault divorce complaint has been filed. The enclosed notice simply highlights those rights available under the Divorce Code. Also you will find a copy of Ms. Moats' Affidavit under Section 3301(d) of the Divorce Code. Ms. Moats avers the marriage is irretrievably broken and that you and she have been separated for a period in excess of two years. Should you wish to deny any of the averments within the notice, you may sign and file the enclosed Counter- I Mr. Shane E. N'loats April ?7' 2()G9 Pa-e Two Affidavit under Section 3301(d) of the Divorce Code. You must file said Counter-Affidavit within twenty days. I thanlc you in advance for your attention to all of these matters. Sincerely, Darren J. Holst DJH/glg Enclosure cc: Helen L. Moats (w/encl.) Helen L. Moats Plaintiff V. Shane E. Moats Defendant LN THE COURT OF COMMON PLEAS OF CUNIBERLAND COUTNTY PENNSYLVANIA NO. 09- IN DIVORCE CIVIL TERM NOTICE OF AVAILABILITY OF COUNSELING You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. I Helen L. Moats IN THE COURT OF COMMON P EAS OF Plaintiff : CL?iiIBERLAND COUNTY PENNSYLVANIA V. NO. 09- CIVIL TERM Shane E. Moats. Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Shane E. Moats (Defendant), accepted service of a true and correct copy.of the Complaint in Divorce under section 3301 (c) of the Divorce Code on the date written below. 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 Shane E. Moats, Defendant Helen L. Moats Plaintiff V. Shane E. Moats Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 09->` CIVILTERM IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ? (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? (a) I do not wish to make any claims for economic relief. L 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. ? (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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: Shane E. Moats NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. I in ti (Domestic Only; No Insurance Coverage Provided) ru m 0 O CO Postage $ rU O Certified Fee C3 0 Return Receipt Fee (Endorsement Required) Postmark Here O Q- Restricted Delivery Fee (Endorsement Required) CO fU Total Postage & Fees $ 0 C3 171- To r_.. = or PO Bar No.? ---------------- City te, ZI 1.. -- °--------------------°-- in Complete flame 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 beck of the mailpiece, or on the front If space permits. 1. Article Addressed to: Mr. Shwtc E %&IS St,y yp-en eoacJ Y6r-V-itve-o, PP !7390 *4 X O Agent a Addreewe B. Received by (R)i?Ged Name) C. Del ery Ike aZl f4 from Item 1? J?' Yea address below: 0 No i/ W 91 ..ruled Man 0 wren 0 Regidera Eff Retum ReoeOftP bwhaWw 0 Irmired Mall 0 C.O.O. 4. Restricted Delivery? (Extra Fee) ap< 2. Article Number (Dmtslbrfiomaarvkell w 7004 2890 0002 8003 2245 PS_Form 3811, Fdmmy 2004 Domestic PAWn Reoso 102695424A-15 0 FLT ?:,, n r, •, n, sue:: , { ? {{.: ## i CVui ?i?a i F i 4 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN L. MOATS, Plaintiff ) V. ) SHANE E. MOATS, ) Defendant ) NO. 09-2412 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE The parties to this action separated on March 3, 2007 and continued to live separate and apart for a period of two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of marital property, lawyer's fees, or expenses if I do not claim them before a Divorce is granted. I, Helen L. Moats, verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 P.S. Section 4904. J C? ?1 Date ? ? 'J" C ain i , Pro Se, Helen L. Moats r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN L. MOATS, Plaintiff ) V. ) SHANE E. MOATS, ) Defendant ) NO. 2009-2412 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Helen L. Moats, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Affidavit Under §3301(d) of the Divorce Code was served upon Shane E. Moats, Defendant, by Certified Mail, Return Receipt Requested, Restricted Delivery, and by depositing same in the United States mail, first class, on May 12, 2009, addressed as follows: Mr. Shane E. Moats 564 Yorkhaven Road Yorkhaven, PA 17370 Date: Darren J. 1st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Helen L. Moats, Plaintiff f .t.1 -4 { 1?.?s_ n R, 2009 MAY 13 P 1, 33 CU;' NE . `? Helen L. Moats IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- r, . CIVIL TERM Shane E. Moats. Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Shane E. Moats "TDefendant), accepted service of a true and correct copy of the Complaint in Divorce under section 3301 (c) of the Divorce Code on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ate Shane oats, D?ft ant 1,;?.? rvr?{?? r ?. ? v r,, r:? t,?y}t,r ? ? < < i r J Helen L. Moats IN TIIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. No. 09- t, f CIVIL, TERM Shane E. Moats Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE . Check either (a) or (b): 1K(a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): )('(a) I do not wish to make any claims for economic relief. 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. ? (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 4( I --n • I verify that the statements made in this counter-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: Shane E. Moats NOTICE: IF YOU DO NOT WISH TO OPPOSE 7-HE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ?; r ? ?.. ? ? ?.? ?, ya '?' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN L. MOATS, Plaintiff ) V. ) SHANE E. MOATS, ) Defendant ) NO. 09-2412 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(d) OF THE DIVORCE CODE 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 above 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: l Helen . Moats, Plaintiff FILED F,? InrrY OF THE 2009 JU, 117 P14 1; 0 0 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN L. MOATS, Plaintiff ) V. ) SHANE E. MOATS, ) Defendant ) NO. 09-2412 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(d) OF THE DIVORCE CODE 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 above 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. f? Date: G? I T- - '00/? Sh a E. oa s, efendant FILED---r" rK CF ?H F, ;H 1. , ri ?F?Y 2009 AN f 7 i'i'i 1: 0 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN L. MOATS, ) Plaintiff ) V. ) SHANE E. MOATS, ) Defendant ) NO. 09-2412 CIVIL TERM 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: Ground for divorce: Irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail on May 5, 2009; Affidavit of Service filed May 13, 2009 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: May 2, 2009; date of filing and service of the plaintiffs affidavit upon the respondent: filed May 13, 2009; served May 13, 2009. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the prothonotary: contemporaneously herewith; date Defendant's Waiver of Notice was filed with the prothonotary: contemporaneously herewith. Date: <&-10 Darren J. H st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Helen L. Moats OF T1 ! 'r" `TRY 2 0 0 9 i k"4 22 PI i c' 2 HELEN L. MOATS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANE E. MOATS NO. 2009-2412 CIVIL TERM DIVORCE DECREE AND NOW,- it is ordered and decreed that HELEN L. MOATS , plaintiff, and SHANE E. MOATS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deerned an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") NONE Attest: J. Prothonotary (p y` 09 Cep ?` f