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Mpafe-v-Mpafe-order

Mpafe-v-Mpafe-order

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Published by mrosch
In the Minnesota divorce case of Jessica and Clarence Mpafe, the court ordered that "It shall be considered sufficient service for Petitioner to serve Respondent by publication on the internet." - including social networking sites like Facebook, Myspace, or email.
In the Minnesota divorce case of Jessica and Clarence Mpafe, the court ordered that "It shall be considered sufficient service for Petitioner to serve Respondent by publication on the internet." - including social networking sites like Facebook, Myspace, or email.

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Published by: mrosch on Oct 23, 2011
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11/11/2012

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STATE OF MINNESOTA COUNTY OF HENNEPIN

DISTRICT COURT FOURTH JUDICIAL DISTRICT FAMILY COURT DIVISION

Jessica Mpafe, Petitioner, and Clarence Mpafe, Respondent.

Court File No. 27-FA-11ORDER FOR SERVICE BY PUBLICATION ON THE INTERNET

The above-captioned case came before the Honorable Kevin S. Burke on May 10, 2011. Petitioner appeared and represented herself. Respondent did not appear. Based upon all the files, records, and proceedings herein, FINDINGS OF FACT • • Petitioner has been unable to locate Respondent and attempts at service have been unsuccessful. The Rules of Civil Procedure permit service by publication. While the Court considered publication in a legal newspaper, it is unlikely that Respondent would ever see this. It is more likely that Respondent could receive notice on the internet. The traditional way to get service by publication is antiquated and is prohibitively expensive. Service is critical, and technology provides a cheaper and hopefully more effective way of finding Respondent.

IT IS HEREBY ORDERED THAT: • It shall be considered sufficient service for Petitioner to serve Respondent by publication on the internet. All information and timing requirements that would go into a newspaper shall be posted online. Petitioner may choose the format in which they believe it is most likely that Respondent will receive notice. This may include but is not limited to the following: • • • • • Contact via any facebook, myspace, or other social networking site, Contact via email, Contact through information that would appear through an internet search engine such as Google.

If Petitioner is contacted by Respondent, they shall make every effort to provide her/him with the Summons and Petition. Otherwise, the information posted via one of the ways listed above or reasonable posting on the internet shall be sufficient service. Petitioner shall submit to the Court an affidavit that service by publication on the internet has occurred within 45 days from the date of this order. After that time, a default hearing may be scheduled. If Petitioner fails to serve Respondent and file an affidavit that service has occurred within 45 days of the date of this order, the case may be dismissed.

Date: May 10, 2011

BY THE COURT:

______________________________________ Kevin S. Burke Judge of District Court

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