HomeMy WebLinkAbout00-06494
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ELVIN H. GIVENS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.dOW - (P4(jl,J
DIXIE L. GIVENS,
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 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:
Office of the Prothonotary
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 Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
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ELVIN H. GIVENS,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.
DIXIE L. GIVENS,
Defendant
IN DIVORCE
NOTICE OF AVAilABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
Yau have been named as the Defendant in a Camplaint in a divorce praceeding filed in
the Caurt af Camman Pleas af Cumberland Caunty, This natice is to. advise yau that in
accardance with Sectian 3302 (d) af the Divarce Cade, yau may request that the caurt
require yau and yaur spause to. attend marriage caunseling priar to. a divarce being handed
dawn by the caurt. A list af prafessianal marriage caunselars is available at the Damestic
Relatians Office, 13 Narth Hanaver Street, Carlisle, Pennsylvania. Yau are advised that this
list is kept as a canvenience to. yau and yau are nat baund to. chaase a caunselar from this
list. All necessary arrangements and the cast af caunseling sessians are to. be barne by yau
and yaur spause.
If yau desire to. pursue caunseling, yau must make yaur request far caunseling within
twenty days af the date an which yau receive this natice. Failure to. do. sa will canstitute a
waiver af yaur right to. request caunseling.
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ELVIN H. GIVENS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. lro. (,'1'9 y
DIXIE L. GIVENS,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, ELVIN H, GIVENS, by his/her attorney,
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: Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is ELVIN H. GIVENS, an adult individual who currently resides at
430 Fairway Drive in Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is DIXIE L. GIVENS, an adult individual who currently resides at
430 Fairway Drive in Mechanicsburg, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residence of the
Commonwealth of Pennsylvania for at least six months immediately previous to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on 9 April 1994 in Lewisberry,
Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
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.
COUNT I - IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the
Divorce Code of Pennsylvania,
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COUNT II EQUITABLE DISTRIBUTION
9. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names
of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant, to equitably divide the property, both real and personal, owned by the parties
hereto as martial property.
Date:
;7 ;1(')~
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ELVIN H. GIVENS
s3cA"~fi
Attorney for Plaintiff
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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ELVIN H. GIVENS, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
) NO. :lOOO-(i-lqL/
)
DIXIE L. GIVENS, )
Defendant ) IN DIVORCE
I, ORDER
AND NOW this day of ,2000, upon
consideration of the attached Petition for Emergency Relief, we hereby order and
decree as follows:
1 . Plaintiff and Defendant and all agents, officers, and employees
of the corporation known as "Motor-Vation, Inc." shall deposit into the
corporation's bank accounts all receipts generated by the corporation's
business operations, specifically including but not limited to, any cash
revenue.
2. The corporation shall not issue checks or make other payments +0 or
c1-c-elt poft. Vlct..ie/. deJo~ oF- He. Co~t-i(),u. /Jrr c..he.c../C SA"" Joe I.<)e.ttetl ;J t.>e'LF
without the signature of both Plaintiff and Defendant on such checks. 0 oF-
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The Defendant shall prepare all checks which she wishes the corporation
to issue in the operation of its business, supported by invoices, bills, and
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other documents showing the reason for the payment, and Plaintiff and
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[kft:F1aaRt 51'1811 meet at the esrl3eratien' s 1318se gf business at ar:l -89' ""d
(l0/ie5
ti..,!, at least once per week; l~ ,~.i~vv ""d 51~F1 tRe eReeks. Ql'ltl:!
p3rties 'Nil! 8a~,..,....1 cn8 S:Q tr:l3t tRe eerf:)6ffhiu,,-,;, DU...,;II"...,..., o'ld Cilldl n...ial
l'lBIi€latililFls shall be met on " tiW'i'h: i::':<Isis.
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A hearing is hereby scheduled on Plaintiff's Petition for Emergency Relief, before the
undersigned, in Court Room No. of the Cumberland County Courthouse in
Carlisle, Pennsylvania, commencing at
o'clock
.m. on
the
day of
,2000.
BY THE COURT,
J.
Distribution:
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I'. Samuel L. Andes, Esquire (Attorney for Plaintiff)
P.O. Box 168, Lemoyne, Pa 17043
Dixie L. Givens (Defendant)
430 Fairway Drive, Mechanicsburg, PA 17055
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ELVIN H. GIVENS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. t:1{);)(} _ ,,';'yt/ e/ VI'L
DIXIE L. GIVENS,
Defendant
IN DIVORCE
ORDER
AND NOW this <?5~ day of ~ ' 2000, upon
consideration of the attached Petition for Emergency Relief, a Rule is hereby issued
upon the Defendant, to show cause, if any she has, why the relief requested in the
Petition should not be granted. The Rule shall be served upon the Defendant
personally and shall be returnable J f) days from the date of service.
Pending further order of this court, Plaintiff and the corporation known as
"Motor-Vation, Inc." shall deposit into the corporation's bank accounts, all receipts
I of revenue generated by the corporation's business operations including, but not
. limited to, cash revenue, and Defendant shall not make any payment, or allow the
corporation to make any payment, other than those required to continue the
, operation of the business in its normal business fashion.
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Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
P.O. Box 168, Lemoyne, Pa 17043
Dixie L. Givens (Defendant)
430 Fairway Drive, Mechanicsburg, PA 17055
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ELVIN H. GIVENS,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.
DIXIE L. GIVENS,
Defendant
IN DIVORCE
PETITION FOR EMERGENCY RELIEF
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes,
and petitions the court for emergency relief based upon the following:
1. The Petitioner herein is the Plaintiff, Elvin H. Givens. The Respondent
herein is the Defendant, Dixie L. Givens.
2. The parties were married on 9 April 1994 and acquired, during the
marriage, a variety of marital assets.
3. One of the most significant marital assets owned by the parties is a
corporation known as "Motor-Vation, Inc. ", which owns and operates a business
selling and servicing water craft, snow mobiles, and other recreation items. Plaintiff
and Defendant each own 50% of the stock in the corporation, are the only two
directors of the corporation, and are the only officers of the corporation.
4. Defendant has served as the general manager of Motor-Vation's business
and, in that capacity, has arranged the bank accounts and other financial matters of
the corporation so that Defendant has complete control of the funds and financial
assets of the corporation.
5. Marital difficulties recently arose between the parties as a result of which
Defendant has demanded that Plaintiff leave the residence which they occupy
together and Plaintiff has found it necessary to file a divorce complaint.
I 6. Over the past few weeks as the relations between the parties has
i deteriorated, Defendant has exercised increasing control of Motor-Vation, Inc. and its
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business operations and has excluded Plaintiff from the business. Some of the
actions that Defendant has taken include:
A. Defendant has excluded Plaintiff from the corporation's
business location; and
B. Defendant has exercised exclusive control of the corporation's
bank accounts and cash operations; and
C. Defendant has kept all of the profits and cash flow of the
corporation for her own benefit; and
D. Plaintiff believes that Defendant has diverted cash revenue
generated by the business to her own use and has not included that
revenue in the corporation's records or deposited such funds in the
corporation's bank accounts.
7. Motor-Vation, Inc. is a valuable asset. Approximately five years ago the
parties paid more than $120,000.00 to acquire it and Plaintiff believes the
corporation is now worth several times that amount. In 1999, the corporation
generated more than $60,000.00 in net revenue for Plaintiff and Defendant and
Plaintiff believes the net profits of the corporation will far exceed that amount in the
current year.
8. Plaintiff is not permitted to communicate with Defendant, regarding the
operation of the this business or any other matter, directly, by mail, or even through
a third party, as a result of a temporary order entered in a protection from abuse
action filed by Defendant with this court (which is docketed to No. 00-6401 Civil
Term). Plaintiff will fully comply with that order but, doing so will prevent him from
having any communication with the Defendant regarding the business and will
prevent him from taking any steps to protect his financial interests with regard to the
business.
9. If Defendant's unilateral and exclusive control of the corporation is not
restricted, Plaintiff will suffer irreparable harm in that the funds and profits of the
corporation will be diverted and concealed so that he cannot trace them, the profit
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and other financial operations of the corporation will be inaccurately reported, which
will result in the inability of the parties or the court to properly value the asset, and
the business reputation and good will of the corporation will be reduced or destroyed
by improper and illegal business operations.
WHEREFORE, Plaintiff petitions this court to take the following actions:
A. Direct Defendant and the corporation and its employees to
deposit all receipts, specifically including cash receipts, from the
corporation's business operation into the corporation's business accounts
and properly report and record that revenue in the corporation's financial
records; and
B. Restrict all other corporation's bank accounts so that checks
issued by the corporation on its corporate accounts require the signatures
of both Plaintiff and Defendant; and
C. Restrict both Plaintiff and Defendant from making withdraws
from the corporation's accounts or funds without the prior consent of
both Plaintiff and Defendant or further order of this court; and
D. Such other action as the court deems necessary or equitable.
~~,(h
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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SS.:
ELVIN H. GIVENS, 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, information, and belief.
Sworn to and subscribed
before me this c3CJthday
of ~~ ,2000.
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Notar P blic.
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Petition for Economic
Relief upon the Defendant herein by regular mail, postage prepaid, addressed as
follows:
Dixie L. Givens
430 Fairway Drive
Mechanicsburg, PA 17055
Date:
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s;:l A~QQ.
Attorney for Plaintiff
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ELVIN H. GIVENS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-6494
DIXIE L. GIVENS,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
I hereby enter my appearance for the Defendant, Dixie L. Givens, accept service of
the Complaint in Divorce and the Plaintiff's Petition for Emergency Relief, and acknowledge
a receipt of a copy of those documents,
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Date
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usan M. Kadel, Esquire
Attorney for Defendant
Supreme Court 10 # LjLjK'J7
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ELVIN H. GIVENS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-6494 CIVIL TERM./
DIXIE L. GIVENS,
Defendant
IN DIVORCE
AND NOW this z.l~+ day of
ORDER
iJo()v (......lou
, 2000, upon
consideration of the attached Stipulation, the Petition for Emergency Relief previously filed
by the Plaintiff, Elvin Heagy Givens, is hereby deemed withdrawn and terminated and all
orders entered pursuant to or as a result of that Petition, specifically including this court's
Order of September 25, 2000, are hereby vacated.
In further, the divorce action filed by Elvin Heagy Givens to the above term and
number, pursuant to the parties' Stipulation is hereby deemed withdrawn.
BY THE COURT,
WY?
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Distribution:
Samuel L. Andes, Esquire
525 North 12th Street, Lemoyne, Pa 17043
Joan Carey, Esquire
Legal Services, 8 Irvine Row, Carlisle, Pa 17013
Susan M. Kadel, Esquire
P.O. Box 650, Hershey, PA 17033
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ELVIN H. GIVENS, } IN THE COURT OF COMMON
Plaintiff } PLEAS OF CUMBERLAND
} COUNTY, PENNSYLVANIA
}
vs. } CIVIL ACTION - LAW
}
} NO. 2000-6494 CIVIL TERM ,/
DIXIE L. GIVENS, }
Defendant } IN DIVORCE
DIXIE LEE. GIVENS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-6401
ELVIN HEAGY GIVENS,
Defendant
PROTECTION FROM ABUSE
STIPULATION
AND NOW comes the above-named parties, with their attorneys, and stipulate and
agree as follows:
1. Dixie Lee Givens (hereinafter "Dixie") shall terminate and withdraw the action she
filed under the Pennsylvania Protection From Abuse Act, which was filed to No, 00-6401
Civil Term before the Court of Common Pleas of Cumberland County, within ten (10) days
of the date of her execution of this Stipulation. Dixie shall make, execute, acknowledge,
and deliver any and all documents necessary to terminate that action, withdraw her
Petition, and vacate any orders previously entered in that action and to allow Elvin Heagy
Givens (hereinafter "Elvin") to have restored to him firearms and all other items of personal
property ceased or taken from him, or delivered by him, to any law enforcement agency
pursuant to or as a result of any order entered in the said action.
2. Elvin shall terminate and withdraw the Petition for Emergency Relief he filed in
the divorce action between the parties, that being the action filed to No. 2000-6494 Civil
Term before the Court of Common Pleas of Cumberland County, Elvin shall, within ten
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(10) days of the date of this Stipulation, make, execute, acknowledge, and deliver any and
all documents necessary to withdraw and terminate that Petition and to vacate any order
or orders pursuant to that Petition.
3. Both parties hereby expressly authorize and direct their attorneys in the above-
captioned matters to take all actions necessary to implement the terms of this Stipulation
and the termination and withdrawal of the Protection from Abuse action and the Petition
for Emergency Relief and the vacation of any orders entered as a result of those actions.
4. The parties further agree that the action in divorce filed by Elvin to No. 2000-
6494 Civil Term shall be withdrawn and that the filing of this Stipulation with the
Prothonotary shall be sufficient to accomplish the withdrawal of that action.
IN WITNESS WHEREOF, the parties hereto, and their counsel, have executed this
Stipulation on the ~ day of~OOO.
JAMES SMITH DURKIN & CONNELLY, LLP
by
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Attorney for Plaintiff
Q;e ~,$-
Dixi Lee Givens
LEGAL SERVICES, INC.
by
J Carey
ttorney for Plaintiff
~61.
Elvin Heagy Given
~-'
uel L. Andes
Attorney for Defendant
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