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Home My WebLink About04-4881IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Maggie E. Kapp CIVIL ACTION - LAW Plaintiff IN DIVORCE V. CASE NO.: Michael S. Kapp Defendant 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 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. 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 Clerk of Courts 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 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Maggie E. Kapp CIVIL ACTION - LAW Plaintiff IN DIVORCE V. CASE NO.: O V. v if'/ Michael S. Kapp Defendant COMPLAINT FOR DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE Plaintiff is Maggie Elizabeth Kapp, an adult individual whose current address is 330 S. Washington Street, Apt. 7, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Michael Sean Kapp, an adult individual whose current address is 120 Railroad Street, Duncannon, Perry County, Pennsylvania. Plaintiff has been a bonafide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to filing this complaint. 4. Plaintiff and Defendant were married on August 17, 2002 in Mechanicsburg, Cumberland County, Pennsylvania. COUNTI DIVORCE/IRRETRIEVABLE BREAKDOWN 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievable broken. 7. Plaintiff has been advised that marriage counseling is available and that the Plaintiff has the right to request that the court require the parties to participate in marriage counseling. Plaintiff requests that the Court enter a decree of divorce. COUNT II CUSTODY 9. The averments of paragraphs 1 through 8 are incorporated herein by reference as set forth in full. 10. The Plaintiff and Defendant have two minor children, a daughter Kenzi Elizabeth Kapp, born December 6, 2001, and a son, Miles Ian Kapp, born June 19, 2003. 11. Since the birth of their children, the Plaintiff has served as the caregiver to the children. 12. The Plaintiff has primary custody of the children. 13. The Plaintiff requests that the Court enter an order granting the Plaintiff primary custody of the children. COUNT III DIVISION OF REAL AND OTHER PROPERTY 14. The averments of paragraphs 1 through 13 of this Complaint are incorporated herein by reference as set forth in full. 15. The Plaintiff and Defendant have acquired real property, located at 120 Railroad Street, Duncannon, Pennsylvania. 16. The Plaintiff seeks equitable distribution of the real property located at 120 Railroad Street, Duncannon, Pennsylvania. NAME CHANGE?,a e, 17. The Plaintiff's maiden name was Maggie Elizabeth Sunderland f? 9 U. Tl,o Flaintiff requests that the court issue an order changing the Plaintiff's nam@ ?t P. f.h . from Kapp tn qunderlaad. VERIFICATION I verify that the statements made in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements here in are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Septembena, 2004 IMaD Maggie abeth Kapp, P i ti f (Box Joand, quire Atr Plai iff P. 44 Taylor, PA 18517-0144 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this CK0-- day of September, 2004, a true and correct copy of the foregoing Complaint was mailed by United States Certified Mail, Return Receipt Requested, postage prepaid to the following: Michael S. Kapp 120 Railroad Street Duncannon, PA 17020 By: - '0 '? ???? Jo n J. Rolla dP CO. Box 14 Taylor, PA 18517 (717) 503-2563 Pa. Attorney I.D. No. 53773 '.l ?-; ^; ;:_> o -r, .?- _? -: ,, _., ,.,F„ ?? ? „ w _. r ? ,?; + : . ?_c? `.: i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Maggie E. Kapp CIVIL ACTION - LAW Plaintiff IN DIVORCE V. CASE NO.: ov _ 4%w Michael S. Kapp Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Maggie E. Kapp, Plaintiff, to Proceed in Forma Pauperis. I, John J. Holland, Attorney for the party Proceeding in Form Pauperis, certify that I believe the party is unable to pay the cost and that I am providing free legal service to the party. Jo n J. Ho Kui P O. Box 144 T ylor, PA 18517-0144 ( 17)503-2563 Pa. Attorney ID No. 53773 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Maggie E. Kapp CIVIL ACTION - LAW Plaintiff IN DIVORCE V. CASE NO.: OV, YF7l Michael S. Kapp Defendant AFFIDAVIT IN SUPPORT OF FORMA PAUPERIS &; 1. I am the Plaintiff in the above matter and because of my financial condition, am unable to pay the fees and costs or prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Maggie E. Kapp Address: 330 S. Washington Street - Apt. 7 Mechanicsburg, PA 17055 S. S. No.: 208-60-8436 (b) Emplovment Employer: Colourforte Address: 4720 Carlisle Pike, Mechanicsburg, PA 17055 Wages: Monthly $ 738.00 (gross); $552.00 (net) Type of Work: Hair Stylist l (c) Other income within last twelve months Business or Professional .00 Other Self-Employment .00 Interest .00 Dividends .00 Pension and Annuities .00 Social Security Benefits .00 Support Payments (total) 360.00 Disability Payments .00 Unemployment Compensation and Supplemental Benefits .00 Workers' Compensation .00 Public Assistance .00 Other .00 (d) Other contributions to household support Spouse Support .00 Contributions from Children .00 Contributions from Parents .00 Other Contributions .00 (e) Property Owned Cash .00 Checking Account .00 Savings Account .00 Certificate of Deposit .00 Motor Vehicle (1997 Ford Taurus) Cost 2,600.00, amount owed Stocks, Bonds .00 Other .00 (f) Debts and Obligations Mortgage N/A Rent 620.00 Loans 7,000.00 Other - Utilities 125.00 Credit Card 200.00 (g) Persons dependant upon for support Name Self Children, if any Kenzi Kapp (age 2 years) Miles Kapp (age 1 year) Other persons N/A (h) Expenses ITEM Rent/Mortgage Electric Gas Hearing Oil Water Sewer Trash Property Insurance Telephone Car Loan Car Insurance Gasoline Repairs/Maintenance Medical/Dental Life/Health Insurance Food Household/Laundry Child Care/Tuition Loans Student Loan Charge Accounts Miscellaneous Parking (work) Cable Internet Total Monthly Expenses TO WHOM PAID Geri Howard PP&L UGI N/A N/A N/A N/A N/A Verizon Mr. Dennis Donegal Pediatrician/prescriptions N/A Kindercare Members First Federal Student Loan VISA Entertainment Comcast 4. Information concerning spouse in divorce case Name of Spouse Address of Spouse Employment of Spouse Rate of Pay Other Income-Spouse Assets-Spouse Micheal S. Kapp 120 Railroad Street Duncannon, PA 17020 Micheal's Cafe Unkown Unknown Unknown MONTHLY AMOUNT 520.00 70.00 100.00 .00 .00 .00 .00 .00 28.00 120.00 60.00 80.00 .00 100.00 .00 350.00 50.00 120.00 100.00 25.00 30.00 30.00 .00 45.00 .00 1,828.00 5. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 6. I verify that the statements 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. Q a.? oq Date Maggie p, Petitioned N r, a T, <' = -?, ` ? ? _? _:., I 1 ' .j , , l )`.. C.., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maggie E. Kapp Plaintiff Vs File No. 04-4881 Civil IN DIVORCE Michael S. Kapp Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /wAlarArin the above matter, [select one by marking "x"] x prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Sunderland , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: October , 2004 ijv Si tea. e Maggie E. ICkpp 4 DTY? C '(' dat O?ZD ature of name being resumed Maggie E. Sunderland COMMONWEALTH OF PENNSYLVANIA COUNTY On the a-3 day of 200Y, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notary Public NOTARIAL. SEAL R.E. BO7,14 JOHN , NOTARY PUBUC LOWER ALAN TWPUNTY OF CUMBERLAND MY COMMISSIOIRES MARCH 25, 2006 l Ol: V C ? r- to ?rn o r , I ? y `a .?Lj, ? J s ? Curtis R. Long Prothonotary Office of the Protbonotarp (Eumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n Lj- yea l CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -.THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573