HomeMy WebLinkAbout00-02116
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;ti:t;:t;;F. ;F. ;f. :ti Of.
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF
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DIAN L. MITCHELL,
Plaintiff
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VERSUS
PENNA.
NO. 2000-2116 CIVIL TERM
JAMES WENDELL MITCHELL,
DECREE IN
DIVORCE
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Defendant
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AND NOW,
2000, IT IS ORDERED AND
DECREED THAT
DIAN L. MITCHELL
, PLAINTIFF,
ANO
JAMES WENDELL MITCHELL
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY,
IHE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEE:N RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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None
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By TH
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ATTEST: J,
~~ROTHONOTAR'
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DIAN L, MITCHEL (191-42-9732),
Plaintiff
vs,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JAMES WENDELL MITCHELL (343-50-6605),
Defendant
CIVIL ACTION - LAW
NO. 2000-2116 CIVIL TERM
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:
1, Ground for Divorce: Irretrievable breakdown under Section 3301 (d).
2. Date and manner of service of the Complaint: Comolaint filed on Amil 7. 2000: Served
by oublication on June 10th and 17th {in the Carlisle Sentinell and June 16th and 23'" ( in the
Cumberland Countv Law Journall of 2000.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the
Divorce Code: by Plaintiff: by Defendant:
(b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code:
27 March 2000 (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: (see
above!.
4. Related claims pending: None
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit
Record, a copy of which is attached: 2 August 2000 by U.S. Mail, postage prepaid, addressed to
Defendant at his last known address (see affidavit attached),
(b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: N/A. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with
the Prothonotary: N/A.
Date: g JIb/CO
By
Samuel L. Andes
Attorney for Plaintiff
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DIAN L. MITCIIELL,
Plaintiff
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IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JAMES WENDELL MITCHELL,
Defendant
CIVIL ACTION - LAW
NO, 2000,2] 16 CIVIL TERM
IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE
TO: James Wendell Mitchell
4205 Westlake Terrace
Stone Park, 110 60165
You have been sued in an action for divorce, On or atier 13 August 2000, the undersigned willlile with
the Court Ihe attached Praecipe 10 Transmit the Record requesting that a final decree in divorce be entered,
Unless you have already liled with the Court a written claim for economic relief, you must do so by the
above date or the Court may granl the divorce and you will lose forever the right to ask for economic relicI'.
You may lose rights concerning alimony, division of property, lawyer's fees or expenses if you do not
claim them before a divorce is granted,
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT IIA VE A
LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE THE OFFICE SET FORTI'IIlELOW TO
FIND OUT WHERE YOU CAN LEGAL HELP,
COURT ADMINISTRATOR'S OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE, pA 17013
TELEPIIONE (717) 240.6200
Sam el L. Andes
Attorney for Plaintiff
525 North 12th Street
Lemoyne, PA 17043
(717) 761,5361
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DIAN L. MITCHELL,
Plaintiff
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000- c;} II (p CIVIL TERM
JAMES WENDELL MITCHELL,
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
foregoing 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 aglainst
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 at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, Pennsylvania 17013
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717l 249-3166
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DIAN L. MITCHEll, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
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vs. ) CIVil ACTION - lAW
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) NO. 2000- .:J ,Jv CIVil TERM
JAMES WENDEll MITCHEll, )
Defendant ) IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
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 days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
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DIAN L. MITCHEll,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA '
vs.
CIVil ACTION - lAW
NO. 2000- .2//(,
CIVil TERM
JAMES WENDEll MITCHEll,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, DIAN L. MITCHEll, by her attorney,
Samuel l. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is DIAN L. MITCHEll, an adult individual who currently resides at 126
Second Street, Enola, Cumberland County, Pennsylvania.
2. The Defendant is JAMES WENDEll MITCHEll, an adult individual who the
Plaintiff believes to be residing at 4205 Westlake Terrace in Stone Park, Illinois
3. Both the Plaintiff and Defendant have been bona fide residents of the Common-
wealth of Pennsylvania for at least six months immediately previous to the filing of this
Complaint.
4, The Plaintiff and Defendant were married on 28 May 1982 in Huntsville, Alabama.
5, There have been no prior actions of divorce or annulment between the parties.
6, This marriage is irretrievably broken.
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7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
8. The Plaintiff requests this Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the
Divorce Code of Pennsylvania.
I verify that the statements made in this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4~104
(unsworn falsification to authorities).
DATE: 3/l..-7}"2..00<:>
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DIAL. MITCHELL
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Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
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DIAN L. MITCHELL,
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JAMES WENDELL MITCHELL,
Defendant
CIVIL ACTION - LAW
NO. 2000-2116 CIVIL TERM
IN DIVORCE
AFFIDAVIT
AND NOW comes the undersigned, Samuel L. Andes who, being duly sworn according to law, deposes
and says as follows:
1, He is an attorney admitted to practice before the various courts of the Commonwealth of Pennsylvania,
before whom he has been so admitted for a period in excess of twenty-five (25) years, who maintains his office for
the private practice oflaw at 525 North 12th Street in Lemoyne, Cumberland County, Pennsylvania, He is the
attorney for the Plaintiff, Dian L. Mitchell, in the above matter,
2, On or about 2 August 2000, he did serve upon the Defendant, James Wendell Mitchell, the document
which is attached hereto and marked as Exhibit A, in compliance with the Pennsylvania Rules of Civil Procedure
regarding a divorce under Section 3301 (d) of the Divorce Code, by depositing same in the United State Mail, first
class postage, prepaid, addressed as follows:
James Wendell Mitchell
4205 Westlake Terrace
Stone Park, Il 60165
3, The address for the Defendant set out in Paragraph 2 hereinabove, is the address last known to Plaintiff
and the undersigned for the Defendant.
4, The Plaintiff has complied with all of the requirements of the Pennsylvania Rules of Civil Procedure for
providing notice to Defendant of these proceedings and of his rights herein,
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Sam . An
Sworn to and subs~bed
before me this' I b day
of tT...., \AS + , 2000,
L
Nota Public
HOTAfIIAL SEAL Public
LYNN EAA8ft~Co~
My Comm: EJqllres Aug,17.
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DlAN L. MITCHELL,
Plaintiff
vs,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JAMES WENDELL MITCHELL,
Defendant
CIVIL ACTION - LAW
NO, 2000-2116 CIVIL TERM
IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE
TO: James Wendell Mitchell
4205 Westlake Terrace
Stone Park, IL 60 165
You have been sued in an action for divorce. On or after 13 August 2000, the undersigned will file with
the Court the attached Praecipe to Transmit the Record requesting that a final decree in divorce be entered,
Unless you have already filed with the Court a written claim for economic relief, you must do so by the
above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief.
You may lose rights concerning alimony, division of property, lawyer's fees or expenses if you do not
claim them before a divorce is granted,
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 LEGAL HELP,
COURT ADMINISTRATOR'S OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PA 17013
TELEPHONE (717) 240-6200
Attorney for Plaintiff zf uj ~(jO
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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DIAN L. MITCHEll,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVil ACTION - lAW
NO. 2000- .2 f f [, CIVil TERM
JAMES WENDEll MITCHEll,
Defendant
IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this affidavit, you must file a
counteraffidavit within twenty (20) days after this affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on or before 31 May 1 984 and have
continued to live separately and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
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: 3-?.1-'2oDo
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DIA L. MIIC '
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DIAN L. MITCHELL,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION. LAW
NO. 2000-
CIVIL TERM
JAMES WENDELL MITCHELL,
Defendant
IN DIVORCE
DEFENDANT'S COUNTER-AFFIDAVIT
UNDER SECTION 3301101 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 2 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 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. Section 4904 relating
to unsworn falsification to authorities,
Date:
JAMES WENDELL MITCHELL
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 NEED NOT FILE THIS
COUNTER-AFFIDAVIT.
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vs,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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DIAN L. MITCHELL,
Plaintiff
JAMES WENDELL MITCHELL,
Defendant
CIVIL ACTION - LAW
NO, 2000-2116 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE BY PUBLICATION
AND NOW comes the undersigned, Samuel L. Andes who, being duly sworn according to law, deposes
and says the following:
I, He is an attorney admitted to practice before the various courts of the Commonwealth of Pennsylvania,
before whom he has been so admitted for a period in excess of twenty-five (25) years, who maintains his offiice for
the private practice of law at 525 North 12th Street in Lemoyne, Cumberland County, Pennsylvania. He is the
attorney for the Plaintiff, Dian L. Mitchell, in the above matter,
, 2. He did, in early June of 2000, submit for service by publication to the Carlisle Sentinel and the
Cumberland Law Journal, the documents and notices required by the order entered in this matter on 26 May 2000.
3, He has received proof of publication from the Carlisle Sentinel verifying that the notice and other
documents were published on 10 June 2000 and 17 June 2000. A copy of that proof of publication is attache,d
hereto and marked as Exhibit A.
4. He has received proof of publication from the Cumberland Law Journal verifying that the noticll and
other documents were published on 16 June 2000 and 23 June 2000. A copy of that proof of publication is
attached hereto and marked as Exhibit B.
5. Service on the Defendant, James Wendell Mitchell, has been accomplished in accordance with this
Court's Order of20 May 2000.
6, He has received no communication from the said James Wendell Mitchell or any attorney or oth.er
person on his behalf.
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L. Andes
Sworn to and subscribed
before me this SO#. day
of :TlArve. ,2000,
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Not Public
NOf~ SEAL
lYN\lI EHRENFEl.D. Notal'Y Public:
Lemoyne Boro. cumberland Cou3& \
My CommisSion Expires Aug..17,2O
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State of Pennsylvania,
County of Cumberland.
PROOF OF PUBLICATION
Sherry Clifford, Classified Ad Manager of THE SENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,
1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice
or publication attached hereto is exactly the same as was printed and published in the regular editions and
issues of THE SENTINEL on the following dates, viz
Copy of Notice of Publication
!'l:11liITt~~t<:wfL, . ]IN THE C~1.JflT OF cOMMON ,--
~m, )PLEa9QF.:Cll.MB~flL~f~JD
~,~":&:: lCOIlNTY',PENNSYLVANIA
~.: ~ ..~ :.. J f!i CJi{[tACT~bN -1...\\'1{ ,
.~~ ',jNQ 2(iOo~;fQ-C]VIC.T"RM
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Mm m,A!M!!K!!lll
EiC!TorifiW.9~lii1I\iSCQ_Yr.t~ The.PJain.
pnJ~ ~ ~MJ~JR.~_t!,\vor9:e _~n9-,-dQIil~ .
9r:01p cJaJijf$,_lf,YPl,l.-wi:;;h to s3:efe,nd _
,5 r.~que~~. for d.lyorce, YQu"must,ta,ke
__ ar~.w.arn!3:Q t/1~t,_ if you fe.ilto do_so,
oce.l?Qw.ffhout you and a df3cree.tn
." , en,!p_C!.9~ln.!ji1 you~by lQe 90,Y.r1.. _
.h.~~ t to requ~~~ rnarw~.Y9-!J_Q$..e!l.og:,.A
J;Q,a~q~,C1e coun~~rQXs j~ ~va._~~b(e In thE;! Offlce,of _
!qtnQl1c.t a"l:_ Office 01 t!1e_P.,rQtI19no!alY, Cumber-
"'_untIl "use, fCo"rthoU"-et Square, "_"
'm-~' nfa_1701"3'. -- 'f- - ..,"'" - ~- _ _ ~ _
FU..l: ~ CJ".A!M.FOR .'\!"fMONY. OJ'J_I-,
.>..l.Jli.wY~I;J3'~ f~_S..QR ~:XPI;N$-
,,,, ORCI' OJ1:i\,N~.u~M"NT I~ ,
NTED. AYl"PSETHERIGHTTOClAlM
~OFTH :
~U.SHOUr;ii TAKE THIS PAE'ERiO YOU'R
WYEaATOJi'{CE. IF YOU DO NOTHAVE A
_LAWYI;R OF[_ NNOT AFFORD ONE. -GO TO OR
-_::JELEPHONE E OFFICE SET-FOFlIH 8"ELowio
_ ItauT:w:~ E YOU_CAW'GET LEGAL H'ELf5:.
Q,tY:&ar Asso6iC!tfon, 2 Libt;lrty Avenue..
, iC!-17013..Telephon~: (7171 _
ib"U:,[e,any C!c;:ti~~'t'~;p~o\e'qfybu~ righi.~: to ~
he ore uest for a (fiY9~ced or,~Q~~e,!:lk__Jl1arr!Me ,
,g..Y m",us r1,1qve promplfy_ ar)o fir!'l something
_~r n t......~~ly (2dJ,day&._Fai!uJe _tQ d9__S0
~Z~ quI. rigJ)tJo. go ~Y.Gb,.ltJlngs J~ter ~
-'. ~~ _IQOEFENOANT . ..
- ~ -f th!9~~t~l~merl,lR ~e.t l(;irifi'in, '
a ~q,l,mtera!fidavit withi'1 twe.r-"
fflqavIt f)a~'J:ie~_n s~I"I(~d..ortYou or
beacfmftted. - - -
,A'fU?)\YJ.T Vr<~fi St~tION
Of, ! nE'-PULQRQIi cq,Q _. . _
his <;lgtron- ~_epara.ted on_ 6r a_Qout ~1
c.pD.~_nu!tdJO,H_v'S separalely and
al_le_8:::;t twoi\ears,
'irretr[e-,{~I_~...~[Q'~fl-rl~_ _ _~~~ _ ~_ ""
t J maylosl3: -rfgbf&.c9nc-elbi09"~1imo-
.:, I .\~I", _ 9. _' rawyei'<s.ree~'9r€,_xj;l!3t;1S'F:?_if I do
1 claIm {hem re a divorce IS granted.
---.l 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 authnrities.
Date: 3f27f2000 Isl Dian L_Mitchell
Submit1ed by:
Samuel L. Andes. Attorney for Dian L. Mitchell
525 North 12th Street, Lemoyne. PA 17043
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June 10, 17, 2000
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Affiant further deposes that he is not interested in
the subject matter of the aforesaid notice or
advertisement, and that all allegations in the
foregoing statement as to time, place and character
of publication are true.
1 , 2000
Sworn to and subscribed before me this 21
day of June , 2000
~O'~
Notary Public
My commission expires:
NOTARIAL SEAL
SHIRLEY 0, DURNIN, Notary Public
Cartisle Bora,. Cumberland ColJrity
Mv Commission Expires AUQ, 9. 2003
Plaintifh Exhibit
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), p, L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
JUNE 16,23,2000
Mfiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are
I
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
23 day of JUNE. 2000
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NOTA 'it
LOIS E. SNYDER. Notory Public
Carlitl.loro, Cumberiand County. PA
My Commillion hpires March 5. 2001
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NOTICE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action-Law
No. 2000,2116 Civil Term
DIAN L. MITCHELL,
Plaintiff
vs.
JAMES WENDELL MITCHELL,
Defendant
TO: JAMES WENDELL MITCHELL:
IN DNORCE
NOTICE TO DEFEND AND
CLAIM RlGlITS
You have been sued for divorce in
th1s court, The Plaintiffs Complaint
lists only a demand for divorce and
does not make any economic c1a1rns.
If you wish to defend against the
Plaintiff's request for a divorce, you
must take prompt action. You are
warned that, if you fall to do so. the
case may proceed without you and a
decree in divorce may be entered
against you by the court.
You have the right to request mar-
riage cOWlseling. A list of marriage
counselors 15 available in the Office
of the Prothonotary at: Office of the
Prothonotary, Cumberland County
Court House, .1 Courthouse Square,
Carlisle, Pennsylvania 17013.
IF YOU DO Nor FILE A CLAIM
FOR ALIMONY. DIVISION OF PROP-
ERTY, LAWYER'S FEES OR EX,
PENSES BEFORE A DNORCE OR
ANNULMENT IS GRANTED, YOU
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MAY LOSE THE RIGHT TO CLAIM
ANY OF THEM,
YOU SHOULD TAKE THIS PAPER
TO YOUR LAWYER AT ONCE, IFYOU
DO Nor HAVE A LAWYER OR CAN,
NOT AFFORD ONE. GO TO OR
TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP: CwnberJand County Bar As-
sociation, 2 Liberty Avenue. Carlisle,
Pennsylvania 17013, Telephone:
(717) 249-3166.
If you wish to take any action to
protect your rights, to oppose the
request for a divorce or to seek mar-
riage counseling, you must move
promptly and file someth1ng with the
court within twenty (20) days. Fail,
ure to do so may well result in your
rtght to do such things later.
NOTICE TO DEFENDANT
If you wish to deny any of the
statements set forth in th1s affidavtt,
you must file a counteraffidavit
within twenty (20) days after th1s
affidavit has been served on you or
the statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER
SECTION 3301(d) OFTHE
DNORCE CODE
1. The parties to this action sepa-
rated on or about May 31, 1984 and
have continued to live separately and
apart for a period of at least two years.
2. The marriage is irretIievably
broken.
3. I lmderstand that I may lose
rights concerning alimony. division
of property, lawyer's fees or expenses
ifl do not claim them before a divorce
is granted,
I verify that the statements made
in this affidavit are true and correct.
I understand that false statements
CUmberland Notices
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herein are made subject to the pen-
alties of 18 Pa. C,S, 4904 relating to
unsworn fals1f1cation to authOrities.
Date: 3/27/2000
/s/Dian L. Mitchell
SAMUEL L, ANDES
Attorney for D1an L. Mitchell
525 North 12th Street
Lemoyne. PA 17043
(717) 761.5361
June 16. 23
2
Cumberland Notices
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DIAN L. MITCHELL,
Plaintiff
vs.
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)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-2116 CIVIL TERM
JAMES WENDELL MITCHELL,
Defendant
IN DIVORCE
AFFIDAVIT
AND NOW comes Samuel L. Andes, being duly sworn according to law, and deposes and
says as follows:
1. He is an attorney admitted to the practice of law before the various courts of the
Commonwealth of Pennsylvania. He has been so admitted since 1973 and he maintains his
office for the private practice of law at 525 North 1th Street in the Borough of Lemoyne.
2. He is the attorney for the Plaintiff, Dian L. Mitchell in this matter.
3. After diligent search, investigation, and inquiry, he has not been able to locate the
present whereabouts of or address for the Defendant, James Wendell Mitchell. His efforts to
locate the Defendant have included:
A. Contacts to the State Probation Office for the state of Alabama, which
office supervised the Defendant when he was on probation following his criminal
prosecution in the state of Alabama when the parties separated in 1984. The said
probation office reported that they did not have information regarding the
Defendant.
B. Efforts to communicate with the Defendant's only known, living, relative,
his brother, Victor Mitchell in Muskegon, Michigan. The letter to Victor Mitchell
was returned and stamped "address unknown."
C. Communications with two separate attorneys in Huntsville, Alabama
who had represented the Defendant or an adverse party to the Defendant in
various legal actions in Alabama at or near the time that Plaintiff and Defendant
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separated in 1984. One attorney responded that he had not been able to locate
the Defendant at any time since 1984. The other attorney never responded at all.
D. A review of Internet records, using the last known address for the
Defendant and his social security number and full name. The Internet search did
not produce any information about the Defendant or his current address or
whereabouts.
E. Consulting with two separate process-serving companies which
specialize in locating persons whose addresses and whereabouts are not known.
Neither of those companies had success in locating the Defendant or producing a
current address for him.
F. The engagement of 9 nation-wide detective agency to locate the
Defendant. That agency, the Spartan Detective Agency, Inc. reported an address
for the Defendant at 4205 Westlake Terrace, Stone Park, Illinois. Mail sent to the
Defendant at that address, however, was returned unclaimed and stamped
"attempted, not known."
Plaintiff and Defendant separated in May of 1984 and have had no communication whatsoever
since that time.
4. At the time of their separation, the parties have been married for less than two years
and Plaintiff had not personally met any of Defendant's family members or many of his friends.
At the time of the marriage the Plaintiff and Defendant were both on active duty with the United
States Army but, by the time they were separated, had both been discharged from the Army and
had no continuing connection to Huntsville, Alabama, where they lived during the time they
resided together.
5. Plaintiff has learned that, after the parties' separation, Defendant was criminally
prosecuted in Alabama for crimes not known to her. Plaintiff believes that Defendant violated
the terms of his probation and has avoided identification or location since 1987 because of his
problems with the criminal courts in Alabama.
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6. Plaintiff has no other information about Defendant which would be useful in locating
him or his whereabouts.
7. Mr. Andes has exhausted all sources of information known or available to him to Ilocate
the Defendant and believes that the Defendant cannot be located or served.
8. This Affidavit is made in support of the Plaintiff's motion for leave of court to serve the
Defendant by publication.
s~
Sworn to and subscribed
before me this 4-1'A day
of ~ I 2000.
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DIAN L. MITCHELL,
Plaintiff
vs.
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)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-2116 CIVIL TERM
JAMES WENDELL MITCHELL,
Defendant
IN DIVORCE
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,I ORDER
AND NOW this ~ (. n. day of ~~ ' 2000, upon the Motion
of the Plaintiff and upon review of the Affidavit filed by Plaintiff's counsel in support of that
Motion, it appearing that the parties have been separated since 1984, that Plaintiff has had no
communication with Defendant since 1984, that Plaintiff is not aware of the Defendant's present
location or whereabouts, and that the Plaintiff and her attorney have conducted a diligent search,
investigation and inquiry for Defendant, without success, we hereby grant Plaintiff leave to <affect
service in this matter by publication, as follows: ~ !:' \. ,-1 '. /I I 1
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1. The publication shall be in the Carlisle Sentinel and in the CumBerland County Law c....n
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Journal for two consecutive weeks.
2. The publication shall include the following items:
A. The caption of the case; and
B. A copy of the Affidavit under Section 3301 (d) of the Divorce Code which
the Plaintiff has filed; and
C. The Notice which is attached to this order and marked as Exhibit A.
3. Upon competition of the publication in accordance with this order, Plaintiff's counsel
shall file an Affidavit with this court. The date of service will be the date the Affidavit is filed
with the Prothonotary and all time periods shall run from that date.
BY THE COURT,
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DIAN L. MITCHELL,
Plaintiff
vs.
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)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-2116 CIVIL TERM
JAMES WENDELL MITCHELL,
Defendant
IN DIVORCE
MOTION FOR LEAVE OF COURT TO SERVE DEFENDANT BY PUBLICATION
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
moves the court as follows:
1. The moving party herein is the Plaintiff, Dian L. Mitchell. The responding party herein
is the Defendant, James Wendell Mitchell.
2. The parties were married on 28 May 1982 in Huntsville, Alabama. They separated in
May of 1984 when they were both living in Huntsville, Alabama.
3. Plaintiff has had no contact with or communication from Defendant since their
separation in 1984.
4. Plaintiff does not know Defendant's address and has not known his address since the
parties separated in 1984. Shortly after their separation, the mobile home in which the
Defendant was residing was repossessed and Plaintiff has no information as to where Defendant
went to reside after that time.
5. Because of the brevity of their marriage, Plaintiff never met Defendant's family or
relatives and knows nothing of his life beyond the time they were married and living together in
Alabama. Moreover, because the parties were married while both were on active duty in the
United States Army, most of the friends they had while married were transient in nature and
Plaintiff has not been able to obtain any information from any of those persons about
Defendant's whereabouts since Plaintiff and Defendant separated.
6. Plaintiff's attorney has made a diligent search for the Defendant has not been able to
locate Defendant or any valid address for Defendant.
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7. As a result of the above, Plaintiff is not able to effect service upon the Defendant by
personal service, registered mail, or otherwise.
WHEREFORE, Plaintiff moves this court for leave to permit her to serve the original
complaint and her Affidavit under 3301 (d) of the Divorce Code upon the Defendant by
publication, by publishing notice of the filing of the Complaint and a copy of her 3301 (d)
Affidavit in the Carlisle Sentinel and the Cumberland County Law Journal for two consecutive
weeks, using the form set out in the proposed order which is attached hereto.
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Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 1th Street
Lemoyne, PA 17043
(717) 761-5361
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
SAMUEL L. ANDES, being duly sworn according to law, deposes and says that the facts set
forth in the foregoing document are true and correct to the best of his knowledge, informatlion,
and belief.
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Sworn to and subscribed
before me this +th day
of "" ltLt ' 2000.
(N M 11 Lrh. l!2(JJ Ii I ~
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EXHIBIT A
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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DIAN L. MITCHELL,
Plaintiff
NO. 2000-2116 CIVIL TERM
JAMES WENDELL MITCHELL,
Defendant
IN DIVORCE
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NOTICE TO DEFENDANT AND CLAIM RIGHTS
You have been sued for divorce in this court. The Plaintiff's Complaint lists only a demand for
divorce and does not make any economic claims. If you wish to defend against the Plaintiff's request for a
divorce, 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 may be entered against you by the court.
You may have the right to request marriage counseling. A list of marriage counselors is available in
the office of the Prothonotary of this court at:
Office of Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
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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 LOOSE THE RIGHT TO CLAIII1 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 Associations
2 Liberty Avenue
Carlisle, Pa 17013
Telephone: (717) 249-3166
If you wish to take any action to protect your rights, to oppose the request for a divorce or to seek
marriage counseling, you must move promptly and file something with the court within twenty (20) days.
Failure to do so may well result in your right to do such things later.
Samuel L. Andes
Attorney-at-Law
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361