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Home My WebLink About06-0835Angela Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . CIVIL ACTION - LAW IN DIVORCE Darius Mitchell, Defendant : NO. 06- E35 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 A LAWYER, 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. Angela Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Darius Mitchell, Defendant :NO, 06- 435 CIVIL TERM DIVORCE COMPLAINT The plaintiff, Angela Mitchell, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa C.S §W301(a)(6) 3301(c) AND 3301(d) OF THE DIVORCE CODE Plaintiff is Angela Mitchell, who currently resides at 4 East Manor Avenue Enola, Cumberland County, PA 17025, since February 2003. 2. Defendant is Darius Mitchell, who currently resides at SCI Houtzdale, Clearfield County, PA 16698, since August 2004. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this complaint. Plaintiff and Defendant were married on December 20, 1997 at Lewisberry, York County, Pennsylvania. Plaintiff and Defendant have lived separate and apart since July 1, 2004. 6. There have been no prior actions for divorce or for annulment between the parties. 7. Plaintiff avers that Defendant, in violation of his marriage vows, has offered such indignities to Plaintiff, his innocent and injured spouse, as to render the condition of Plaintiff intolerable and life burdensome. 8. The marriage is irretrievably broken. 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. 61 Lauren McHale Certified Legal Intern Robe ins Thomas . Place Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorney FAMILY 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.5. §4904, relating to unsworn falsification to authorities. Date 1 Plaintiff ' ' ? "Angel/ itchell (???? G ?: "? 1 ? "? ? ?_' _?_ 4, ?.. ? T ? ? ; cs ,. __ .. -,_ ,?_? 1 `.l "\ Angela Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN CUSTODY Darius Mitchell Defendant : NO. 06-835' CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Angela Mitchell, 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 tj?l0i C C ?r'i1 (`???il T? Lauren McHale Certified Legal Intern ,e ROB RAINS L__11 THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?? ?'?. `i?I C::T ?' 7 ? •. fi r' 4:J 4. s., ` Angela Mitchell, Plaintiff V. Darius Mitchell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO, 06-835 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren McHale, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Darius Mitchell, residing at SCI Houtzdale, Houtzdale, PA 16698, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by Darius Mitchell, on February 17, 2006, as evidenced by the attached green card with the article number 7005 0390 0003 2632 6628. l f Lauren McHale Certified Legal Intern ANNE DONALD-F; ESQ. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ 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 mallplece, or on the front If space permits. 1. Article Addressed to: h4e-i P it St'i- f?rJv? c?t? lr A. Signature X ? Agent ? Agenjssee B. Received by (Panted Name) C. Date of Delivery D. Is delivery address different from hem 1? Oyes it YES, enter delivery address below: 0 No a-(7-dC Rptum R^ca+? "? R'uig11?SI.aci 3. Servi' Type Iff9orti ied Mail 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) es 2' 7005 0390 0003 2632 6628 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r-> ANGELA MITCHELL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION-LAW DARIUS MITCHELL, : DIVORCE Defendant No. 06-835 CIVIL TERM PETITION TO DISMISS COMPLAINT Plaintiff, Angela Mitchell, by and through her attorneys, the Family Law Clinic, hereby requests that the Court dismiss without prejudice the Complaint for Divorce filed February 10, 2006 in the above captioned case. In support of her Petition, Plaintiff avers as follows: 1. Plaintiff filed a Complaint for Divorce under Sections 3301 (a)(6), 3301(c) and 3301(d) with this Court on February 10, 2006. 2. Plaintiff has informed the Family Law Clinic that Plaintiff and Defendant have decided to reconcile the marriage. 3. Plaintiff has informed the Family Law Clinic that Plaintiff does not wish to pursue this action and requests that the Complaint for Divorce be dismissed without prejudice. 4. The Family Law Clinic has not sought concurrence of opposing counsel pursuant to Local Rule 206.2, because Defendant is not represented by legal counsel in this matter. 5. No Judge has ever been assigned to this case. WHEREFORE, Plaintiff requests that the Court dismiss without prejudice the Complaint for Divorce filed February 10, 2006. Respectfully Submitted, A::V?? 41h72 Samara Gomez Certified Legal Intern Megan 'esmeyer, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the facts and statements in the attached Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Samara Gomez Certified Legal Intern AUTHORIZATION TO WITHDRAW DIVORCE COMPLAINT I, Angela Mitchell, hereby instruct the Family Law Clinic to withdraw my divorce case filed in Cumberland County, Docket No. 06 - 835. I understand this means that my divorce action will be terminated and there will be no further proceedings on that action. I understand that if I want to bring another divorce action at some point in the future, I must begin the action from the beginning. V- P-0 Date Angela . itchell n C:3 y-rj U ?Jo /t .? Mrs. Angela Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-835 CIVIL TERM Mr. Darius Mitchell, Defendant : IN DIVORCE DISCHARGE OF ATTORNEY I, Mrs. Angela Mitchell, discharge the Family Law Clinic from representing me as my attorney in the above captioned case. Date: I C' o Ms. Ange itchell N -0 t T. ? kjo d co JUN 012007 el"Oe ANGELA MITCHELL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION-LAW DARIUS MITCHELL, : DIVORCE Defendant No. 06-835 CIVIL TERM ORDER OF COURT AND NOW, this N day of , 2007, upon Plaintiff's Petition to Dismiss Action, it is hereby ordered and directed as follows: Plaintiff's Complaint for Divorce filed February 10, 2006 is dismissed without prejudice. By the Court, '1(4 J. cc: mily Law Clinic us Mitchell e J aA V' Or TV N. ' Tt. r !'FY it Angela Mitchell, Plaintiff V. Darius Mitchell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 06-835 CIVIL TERM CERTIFICATE OF SERVICE I, Holly O. Vaughn, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the June 11, 2007 Order of Court on Darius Mitchell, by depositing on this date a copy of the same in the United States mail, postage prepaid, addressed as follows: Mr. Darius Mitchell 42 East Manor Avenue Enola, PA 170025 " I ? - ?LQ -7 Da CAZI&? Holly O Vaughn Certified Legal Intern Meg Riesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ?-., r.' L w ?, .? ---, z-?' L ---s ? b ,. ?i7„_. _ ,_ J?: ?? r wa Y. ` S?? ?...,? ?i C. ? '?