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HomeMy WebLinkAbout03-3147DIXIE L. GIVENS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. CIVIL TERM : ELVIN H. GIVENS : LAW - DIVORCE Defendant : 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 breakdow~ 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, First Floor, Carlisle, Pennsylvania 17013, Telephone: (717)-240- 6195. 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 (717)-249-3166 DIXIE L. GIXrENS Plaintiff vs. ELVIN H. GIVENS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O3.3;q~ CIVIL TERM LAW - DIVORCE COMPLAINT The plaintiff by her attorney, MURREL R. WALTERS, III, ESQUIRE, brings this action in divorce for a Decree of Divorce from the bonds of matrimony and respectfully represents: 1. The plaintiff is DIXIE L. GIVENS, an adult individual, who currently resides at 430 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The defendant is ELVIN H. GIVENS, an adult individual, who currently resides at 430 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bona fide resident Pennsylvania and has been for at least six previous to the filing of this Complaint. 4. The plaintiff and defendant were 1994. 5. There have been no annulment between the parties. of the Commonwealth of (6) months immediately married on April 9, prior actions of divorce or for 6. The plaintiff avers that the marriage is irretrievably broken. 7. The plaintiff requests the Court to enter a Decree of Divorce. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the court to require the parties to participate in such counseling. Being so advised, plaintiff does not request that the court require the parties to participate in counseling prior to a Divorce Decree being handed down by the court. WHEREFORE, the Plaintiff ~,o ~ marriage court to Plaintiff has been advised of the availability of counseling and that he may have the right to request the require the parties to participate in such counseling. Being so advised, plaintiff does not request that the court require the parties to participate in counseling prior to a Divorce Decree being handed down by the court. WHEREFORE, the Plaintiff prays that a Decree in Divorce be entered divorcing Plaintiff from the bonds of matrimony h~etofore existing between Plaintiff and Defendant. / ReS?~U.1 ? mitt , Murrel R. 'Walters, III, Esquire Attorney for Plaintiff 54 E. Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 V~RIFICATION I, DIXIE L. GIVENS, verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DIXIE L. GIVENS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 03-3147 CIVIL TERM : ELVIN H. GIVENS : LAW - DIVORCE Defendant : AFFIDAVIT OF SERVICE I, MURREL R. WALTERS, III, ESQUIRE, being duly sworn according to law, depose and say that on July 8, 2003, Defendant, Elvin H. Givens, personally accepted a true copy of the Divorce Plaintiff Dixie L. Givens. An A~ptance of Complaint filed by Service signed by Elvin H. Givens is attaclhe~here~/~2 Respectul ~/~mi~d, Murrel R. Walters, III, Esquire Attorney for Plaintiff 54 E. Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 Sworn to and subscribed before me this i~ day of ~)co~L~ , 2003. Notary~~ NOTARIAL SEAL DEBORAH L, RYAN, NOTARY PUBLIC CITY OF MECHANICSBURG, CUMBERLAND COUNTY~ MY COMMISSION EXPIRES JUNE 11,2006 DIXIE L. GIVENS Plaintiff vs. ELVIN H. GIVENS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~NIA NO. CIVIL TERM LAW - DIVORCE I, ELVIN H. personally handed a L. GIVENS. AFFIDAVIT OF SERVICE GIVENS, hereby accept service, by being copy of the Divorce Complaint filed by DIXIE Date: DIXIE L. GIVENS Plaintiff VS. ELVIN H. GIVENS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~-~/~7 CIVIL TERM LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on ~.~.. ~, ~,O~ , 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 and correct. I understand that false subject to the penalties of 18 Pa.C.S. falsification to authorities. in this affidavit are true statements herein are made § 4904 relating to unsworn Date: DIXI~ L. GIVENS DIXIE L. GIVENS : Plaintiff : VS. : ELVIN M. GIVENS : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 200 - CIVI LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in d~v~rce under Section 3301(c) of the Divorce Code was filed on (~ q. 9,oD3 , 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. GIVENS DIXIE L. GIVENS VS. ELVIN H. GIVENS Plaintiff : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~'~/~7 CIVIL TERM LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF TEE 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 decree 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 understand 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: ,~O~ ~~~ DIXIE L. GIVENS DIXIE L. GIVENS Plaintiff vs. ELVIN H. GIVENS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAiqD COUNTY, PENNSYLVANIA NO. O3- 5;q7 CIVIL TERM LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 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, lawTer,s fees or expenses if I do not claim them before a decree 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 understand 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: ~O-~-O~ i~~N ~.~GiVEN DIXIE L. ELVIN H. GIVENS GIVENS VS To the Prothonotary: Transmit the record, tog, 1. Ground for divorce Irretrim (Strike 2. Date and manner Complete either r (a) Date of ex, by plaintiff (b) (1) Date of ex~ of the Dive (2) Date of Related claims pe~ 5. Complete either (a) Date and IN THE COURT OF COMMON PLE~ CUrvlBERLAND COUNTY, PENNSYU CIVIL DIVISION NO. 2003-3147 CIVIL PRAECIPE TO TRANSMIT RECORD ther with the following information to the court for entry of a divorce decn able breakdown under §3301(c) )ut inapplicable section). of service of the complaint: personally a¢~6~p~ed on 7/8/03 ~ragraph (a) or (b). cution of the affidavit of consent 10/6/03 ; by defendant cution of the affidavit required by §3301 (d) Code: ~ :iling and service of the plaintiff's affidavit upon the respondent: iding: NONE required by §3301 (c) of the Divorce Code 10/6/03 (a~ or (b). m ~nner of service of the notice of intention to file praecipe to transmit record ~tiff's Waiver of Notice in §3301 (c) Divorce was filed with )tary: 10/~. ~/-03 copy of which is attached: Date of plai~ the Prothon, Date defen( the Protho (b) ~_nt's Waiver of Notice in §3301 (c) Di)/brce wa~ f)~d with~ ,tary: 10/ 14/03 ///' , //// // Attorney for Plaintiff Murrel R. Walters III ~S kNIA --RM DIXIE L. VE,~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF ~ENS DECREE IN DIVORCE ELVIN H. AND NOW DECREED THAT AND ARE DIVORCED THECOUrT BEEN RAISED Of YET BEEN ENTER SUS 'ENS 03-3147 DIXIE L. GIVENS ELVIN H. GIVENS F ~OM THE BONDS OF MATRIMONY. · IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, NONE V TH ~/~/ TTEST~,.~/~~ PROTH ONOTARi' Ri~TAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT ED; DIXIE L. GIVENS VS. ELVlN H. GIVENS Plaintiff Defendant : IN THE COURT OF COlVlMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3147 CIVIL TERM : : LAW - DIVORCE ELECTION TO RETAKE FORMER NAME NOTICE IS HEREBY GIVEN this ~ ~ day of January, 2004, that a Final Decree in Divorce fi:om the bonds of matrimony having been granted on the 29~ day of October, 2003, the Plaintiff, Dixie L. Givens, hereby elects to retake and hereafter use her former name of Dixie L. Miller, and gives this written notice avowing her intention to do so in accordance with Section 704 of the Act of November 15, 1972, P.L. 1063, 54 Pa.C.S.A. 704. TO BE KNOWN AS: AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : On the &dA_ day of January, 2004, before me, a Notary Public, personally appeared Dixie L. Givens, hereinafter to be known as Dixie L. Miller, known to me to be the person whose name is subscribed to the within document, and acknowledge that she executed the foregoing for the purpose therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public I NOTARIAL SEAL '"[ DEBORAH L. RYAN, NOTARY PUBLIC I CITY OF MECHANICSBURG, CUMBERLAND COUNWl MY COMMISSION EXPIRES JUNE 11,2006 [