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HomeMy WebLinkAbout05-5427 DAWN MOPPIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE MELVIN MOPPIN, Defendant : NO. 05- SLll1 CIVIL TERM 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, 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, 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 ALA WYER, 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 (717) 249-3166 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. DAWN MOPPIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE ; NO. 05- .s'4~ 7 CIVIL TERM MELVIN MOPPIN, Defendant DIVORCE COMPLAINT The plaintiff, Dawn Moppin, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. && 3301(a)(6). 3301(c). & 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Dawn Moppin, who currently resides at 111 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013, since February 6, 2005. 2. Defendant is Melvin Moppin, who currently resides at 116 Hershey Road, Shippensburg, Cumberland County, Pennsylvania, 17257, since September 1,2004. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 5, 2003 in Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since February 6, 2005. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that Defendant has offered such indignities to the Plaintiff, an injured and innocent spouse, as to render the condition of the Plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the mamage. Date: I ell s/~ s l , ~t.A ~J- Linda LeFever Certified Legal Intern -it tl~ / ,.L~/1/0{)I.()il (/R b . o e ams Thom s M. Place Anne MacDonald.Fox Lucy Johnston-Walsh Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 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 making any false statement would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: 'It'" I -1 ' C'<::, Plaintiff: -[)" ( L " Dawn Moppin ))k;Li\~.vl II r-' ., ~..:~ ~.l ~n ,-,.:.' \>'-1 ~...-\ ~ Ii'; -~.; .. , ~ G) ~ -- .~ C) - DAWN MOPPIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY MEL VIN MOPPIN, Defendant : NO. 05-5If..llCIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Dawn Moppin, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date: / [-lIE- Ie 5 , .~~, ,~h Linda LeFever Certified Legal Intern c([ f ,l .{ \.jl'C{tC~'L OB T . RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 r-.:': CJ " C_:J '..:~.! '_:...T' .-.~ ::1: \"i.\ C:D c.:.' DAWN MOPPIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN DIVORCE MELVIN MOPPIN, Defendant : NO. 05-5427 CIVIL TERM PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please reinstate the Complaint in the above-captioned case filed in the Cumberland County Court on October 18,2005. Date: /1 I ') (;:1{.C S I "1, f;f( ',_~..A./VW ';:' Linda E. LeFever Certified Legal Intern C-4~{ LUC STON.W ROBERT E. RAINS THOMAS PLACE ANNE MACDONALD.FOX Counsel for Plaintiff Supervising Attorneys FAMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 r........"i ::;::l r:-J '::...1'"1 U' .;.." C') \.0 DAWN MOPPIN, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v MELVIN MOPPIN, Defendant : CIVIL ACTION-LAW : DIVORCE : No. 05-5427 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Divorce Complaint at the above-captioned docket filed in Cumberland County Court on October 18,2005. (l;~ { A ^-'l A Gillian Woodw~rd- Certified Legal Intern Date: I j,'b /00 ~,-~~ :::j iil ~~,,1 ":.) c:; Ms. Dawn Moppin , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW DIVORCE Mr. Melvin Moppin , Defendant : NO. 05 - 5427 CIVIL TERM CERTIFICATE OF SERVICE I, Gillian Woodward, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Mr. Melvin Moppin, residing at 438 High Street, Pottstown, P A 19464, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Melvin Moppin, on the 20th day of January 2006 as evidenced by the attached green card. ifJ/^^" \ I~LJ illian Woodward Certified Legal Intern ),,1 , ) 17 , '- ' (, \ , i r- C(j(({ ~ Lucy 0 s on-Walsh, Esq. Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 r--~, ...-1. ( .~. :' \'..) G') .....- - C:::;, SEND,H "'11 T/ ' I . Comll"lle nems 1 , 2, and 3. Also complete nem 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 mailplec8, or on the~front if space permits. 1. Article Addressed to: A Signature ....- 0 Agent o Addressee C; Date of Delivery /JIZ../Y/'r! mOpp!n 'I3'i MJh 51 hll"'fvi;J/'J'p/J-- N-1u '-/ D. Is delivery address from . es If YES. on'er dolivory afl..., 'below: .~~ .,j' ~ ~ I.' ( ~ "'~ ( (, . c::.s:.~ ...;...._ .... , ..' t"C- -" .:;--; / ;... "-----/.0/ 3. SeJ)'ico Typo --- rr Certified Mall 0 ~ Mall o Registered 0 Return Receipt for Merchandise CJ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 7005 0390 0003 2632 6314 PS Form 3811. February 2004 Domestic Return Receipt 102595-o2-M-i54Q Ms. Dawn Moppin, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mr. Melvin Moppin, Defendant : NO. 05- 5427 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 99 3301(c) of the Divorce Code was filed' on October 18,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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. 94904, relating to unsworn falsification to authorities. Date 7"- d'i>' - 0 6- ,,> c':":::) (.:-_'l i;;.r, tj -'fl ~ r.n -"':;.. :r-,~-"" -..:~ T: ~~ -:.;;.,. ?~; ~~.~ ::::i ::J> :n ,'< \,0 j".." C..,n Ms. Dawn Moppin, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mr. Melvin Moppin, Defendant : NO. 05- 5427 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) 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 statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date 7'- Old ... ,(>11, S:'.~ \..f.) .t:~:'_ . .. _0..-1 .,.....::.' ["...... u-' ~' ,-,.-) (::.:> ~::;r""l o -n :-u: :1.-';':)' ~ :r:'" -~,''''' ...;.... Ms. Dawn Moppin , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mr. Melvin Moppin , Defendant : NO. 05- 5427 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~~ 3301(c) of the Divorce Code was filed on October 18,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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 Lj- J lj--O& r,-, C::...'":.) f-:':':~'-J ;:'::"""1' C) -n ::;::! -<: :t:',. \.0 1''' u-; Ms. Dawn Moppin, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mr. Melvin Moppin, Defendant : NO. 05- 5427 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) 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 statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date '-/-;? '1- 0& { , Dawn Moppin, Plaintiff ._~ .......' 0 g --n <.;;~~ ~ :;;;lii :...r: ~ '-f? N (..r'; Ms. Dawn Moppin, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY Mr. Melvin Moppin, Defendant : No. 05- 5427 CIVIL TERM 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. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Melvin Moppin, January 20,2006. 3. Date of execution of the affidavit of consent required by !}3301 (c) of the Divorce Code: by plaintiff- April 24, 2006; by defendant- April 22, 2006. 4. Related claims pending: NONE 5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: May 1,2006. Date defendant's Waiver of Notice was filed with the Prothonotary: May 1, 2006. s/;g IrJ/:? Date . ~^- lA^^~~ GIllian oodward Certified Legal Intern t1:~. Supervising Attorneys F AMIL Y LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff ~ '2> cr' - --,.,. ~ - ( c ~ <.0 o ",.., ~...., rl1c' :'7;8- ~~~ r~f\ ,~:..::) ....',~t '-,,?,C) >\1'< ':'.::::! "?JS c<. -0 ::::: ~ - (.l1 ~ ~ ~ ~ 2005 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "'if. if.if. if.if. if. if. ~ if. ~ if. if. if. if. ~ if. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY if. PENNA. ~ ~ STATE OF ~ ~ ~ ~ if. ~ ~ ~ ~ ~ ~ ~ ~ if. if. DAWN MOPPIN. No. 5427 Plaintiff VERSUS MRLVTN MOPPIN, Opfpndant DECREE IN DIVORCE .<3 - , bt>t , IT IS ORDERED AND AND NOW, /11ay DECREED THAT DAWN MOPPIN , PLAINTIFF, MELVIN MOPPIN AND , DEFEN DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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 PROTHONOTARY ;4 if. if. if. if. if.~if. if. if. if. if. if. if. if. if. if. if. ~if.~ if. if. if. if. if. ~ ~ if. ~ ~ if. if. if. if. if. if. ~ if. if. if. if. ~ ~ J. '~.7 ~ ~ '??_ '?/..., '7 #;:1' ~ ~ ~'n w. ~/'" ~ "'.. .. . '... :" ~'" . DAWN MOPPIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE MELVIN MOPPIN, Defendant : NO. 05 - 5427 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 23rd day of May 2006, hereby elects to retake and hereafter use her previous name of Dawn Mellott, and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. ~ 704. Wishes To Be Known As: ~J~ (JJa?f~ Dawn Moppin ~~ /f7d4it; Dawn Mellott COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the~'llday of ~ 2006, before me, a Notary Public, personally appeared Dawn Moppin, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and Notarial SeaL ~ //A 1~/~.::J{tW- )Ie' ....... C/Jt>TAR BtIC tame L. ""'*., J N6 CadisIe"'~Co~ My eo--a-a.,. ~.P.b.I4. 2010 ~r;U :J~~ ~ -.I "'"' <./1\ -;--j ~ .--' c::::::- "'.') c" .... ",,-1( 3iM>>'I '(UtOlf JIIIII.J ltlwtl.I "'~"".'" "'''II!' .....-...... _tt '1- ;.,~.} ~.f'..,' ~"" ',.", ,.~:r.:.:'lIV""""llf.IlU."~ it."". ~'~1.-::-' ... i ",1...,':[ .'"" ~ .l,.....':\~.~,..,...., ."" t',I,.':'!:O !lir'.. ..vJ t,;h,,~.~..-11l0 ~';"'4t'H;;,\L.: \ () ':n .-1 ::r:..,-: :';"1;:_";- " ~, ,'..- \..f) (;"? (::;) C.