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Home My WebLink About02-5463FAITH R. EVANS vs. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION -- DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECIIOS USTED HA SIDO DENIANDADO EN LA CORTE. Si desea de£enderse de las quejas expuestas en las paginas signientes. Debe tomar action con promitud. Se le avisa que Si nose defiende, el caso puede proceder sin usted y decreto de divorcio o anniamiento puede set emitido en su contra por la Corte. Una decision puede tambien set emitida en su contra pot cuaiquier otra queja o compensation reclamados pot el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irrparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS. USTED DEBE LUEVAR ESTE PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO PLEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION -- DIVORCE COMPLAINT IN DIVORCE COUNT I 1. The plaintiff is Faith R. Evans, who currently resides at 301 Whiskey Springs Road, Dillsburg, Cumberland County, Pennsylvania since 1996. 2. The defendant is Kenneth B. Evans who currently resides at an unknown address on Main Street, Mechanicsburg, Cumberland County, Pennsylvania since August, 2002. 3. There are no minor children of the parties under the age of 18. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married February 15, 1979 in Ocean City, Maryland. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 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. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10.The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken. 11. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. Dated: Respectfully submitted, Timothy J.- C~l~~ire WILEY, LENOX & COLGAN, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, Faith R. Evans, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. 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: FAITH R. EVANS FAITH R. EVANS KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5463 CIVIL ACTION -- DIVORCE ACCEPTANCE OF SERVICE I, Kenneth B. Evans, Defendant in the above-captioned matter, have accepted service of the Complaim as of this, the 29th day of November, 2002. KENNETH B. EVANS Address /City, State, Zip / FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5463 CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on November 12, 2002. 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 tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date Kenneth B. Evans Defendant FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5463 CIVIL ACTION -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 &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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Defendant FAITH IL EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5463 CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on November 12, 2002. 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Faith R. Evans Plaintiff FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5463 CIVIL ACTION -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date / / Faith R. Evahs Plaintiff The COURT of common pleas OF CUMBERLAND COUNTY STATE OF PENNA.~ FAITH R. EVANS ........ Versus KENNETH B. EVANS ..... 1~(). 02-5463 19 DECREE IN DIVORCE AND NOW, ............. ~-~;~ .... .~...~..~ ~1.~.o.3~ it is ordered and decreed that ......... ~.~.~ .... ~.~ ........................ plaintiff, and .................. .K.~;N. NI~.T.~ .]~,..EVANS. .................... defendant, 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 ................................................................... ny T/e. Court,,:/ FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5463 Defendant CIVIL ACTION -- DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with thc following information, to the Court for en~d of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: By U.S. Mail, re_eular delivery_, on November 29, 2002. An Acceptance of Service si_oned by the Defendant was fried with the Court on May 6. 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of thc Divorce Code: By Plaintiff: April 23. 2003; By Defendant: ~ 2003. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of thc Divorce Code: (2) Date of filing and service of thc Plaintiff's Affidavit upon thc Respondent: Related claims pending: Ail related claims were resolved by a Marital Settlement A_m'eement dated November 27, 2002. 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: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce wasfiled with the Prothonotary: Filed May 6. 2003: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed May 6, 2003. Date: By: Timothy J. C~)lg~'~-'~, squ'~e Attorney for Plaintiff FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-54631 CIVIL ACTION -- DIVORCE PETITION FOR AMENDED DECREE IN DIVORCE AND NOW, this ___ day of June, 2003, comes the Petitioner, by and through her attorneys, Wiley, Lenox, Colgan & Marzzacco, PC and respectfully requests that thc Divorce Decree entered on May 20, 2003, at the above-captioned docket be amended and in support thereof avers as follows: 1. On November 12, 2002, a Complaint in Divorce was filed at the above-captioned docket and served upon Defendant by regular mail on November 29, 2002. An Acceptance of Service signed by the Defendant was flied with the Court on May 6, 2003, accepting service as of November 29, 2002. 2. On November 27, 2002, the parties executed a Marital Settlement Agreement fully and finally resolving any and all claims arising from their marriage. 3. On May 6, 2003, Plaintiff filed all appropriate docun~ents with this Court to finalize the instant divorce proceedings, including the proposed Decree in Divorce and Marital Settlement Agreement. 4. On May 20, 2003, the Honorable Kevin A. Hess issued a Decree in Divorce at the above-captioned docket, without incorporating the terms of the November 27, 2002 Marital Settlement Agreement. 5. Subsequent to the issuance of the Divorce Decree, it has been resolved that, due to a clerical error on the part of Plaintiff's counsel, the Divome Decree should have incorporated the terms of the November 27, 2002 Marital Settlement Agreement. 6. Plaintiff respectfully requests this Honorable Court to issue an Amended Decree in Divome incorporating the Marital Settlement Agreement entered into by the parties on November 27, 2002. 7. Plaintiff is filing an Amended Decree in Divorce incorporating the Marital Settlement Agreement attached thereto simultaneously with the present petition. WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue an Amended Decree in Divorce incorporating the Marital Settlement Agreement entered into by the parties on November 27, 2002. Respectfully submitted, Timothy. -C~;lga/n,~) Wiley, Lenox, Colgan & Marzzacco, PC 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID # 77944 Dated:__ FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5463 CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I, Sherie A. Minich, Legal Assistant to Timothy J. Colgan, Esquire, hereby certify that on June 12, 2003, I served a true and correct copy of the within Petition for Amended Decree in Divorce and Order of Court upon Kenneth B. Evans, Defendant, by depositing same, in the United States Mail, Dillsburg, Pennsylvania, both general delivery and also certified mail, remm receipt, restricted deliyery, addressed as follows: Date: Kenneth B. Evans 108 West Main Street Apartment C Mechanicsburg, PA 17055 .JSherie A. M~ich (, FAITH R. EVANS VS. KENNETH B. EVANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5463 CIVIL ACTION -- DIVORCE ORDER OF COURT AND NOW, this ! $" day of 0-~.~.- 2003 after review of Plaintift's Petition for Amended Divome Decree, IT IS HEREBY ORDERED AND DECREED THAT said request is granted and an amended Decree in Divorce may be issued incorporating the Marital Settlement Agreement entered into by the parties on November 27, 2002. BY THE COURT: IN The COURT OF COMMON Of CUMBERLAND COUNTY STATE Of ~ PeNNa. PLEAS FAITH R~ ~.$. .................... Versus .... ~;E.~.NET H .~.,.._EVANS ..................... N o ...... P.~zS~.~.~ .................. 19 AMENDED DECREE IN DIVORCE AND NOW, .......... .(/..~3~.. .... .~'..'. ..... k~. 2.0.0.3, it is ordered and decreed that .... FAIT~. R,. E.VAN$ ............................. plaintiff, and .............. KENN~-T~. B....EVANS .........................defendant, ore 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; .T .h.e..t~rm~..apd..pro.vision~ .of..the. Marita~ .Settlement. A~eem~t., si~ned by both parties on Nov~m~er~2~,~2002 are hereby incorporated the pa: ~s. I By T~e Court/ ~~~~ ~otho~ot~y