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HomeMy WebLinkAbout10-09540 Edmund J. Berger Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 tberger@bergerlawfirm.net fzl)- ?. OF THE P CTI040TAW 2010 FEB -4 Ali I I : 5b CLP&&', Z OW NW PENNMV1ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARLA MIXELL, Plaintiff V. RAY MIXELL, Defendant . Docket No. ??- : IN DIVORCE CcutiO 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 breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO EMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelente en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso readicando personalmente o por medio de un abogado una comparecencia escrita y radicando en las Corte por escrito sus defenses de, y objecciones a, las demanda presntadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFOMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARLA MIXELL, Plaintiff V. RAY MIXELL, Defendant Docket No. IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(a)(6) OF THE DIVORCE CODE 1. Plaintiff, SHARLA MIXELL, currently resides at 609 16th Street, New Cumberland, Cumberland County PA 17070. 2. Defendant, RAY MIXELL currently resides in the York County Prison at 3400 Concord Road, York, York County, PA 17402-9007. 3. Both Plaintiff and Defendant have been residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 14, 1998 in New Cumberland, Pennsylvania. 5. The marriage is irretrievably broken. 6. 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. COUNT I REQUEST FOR A NO FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 7. Paragraphs 1-6 of this Complaint are incorporated herein by reference thereto. 8. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A FAULT DIVORCE UNDER § 3301(a)(6) OF THE DIVORCE CODE 9. Paragraphs 1-6 of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to Plaintiff (who is the innocent and injured spouse) as to render Plaintiffs condition intolerable and life burdensome. 11. This action is not collusive as defined by § 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(a)(6) of the Divorce Code. COUNT III - CUSTODY 12. Paragraphs 1 through 6 are incorporated into this Count by reference. 13. Plaintiff requests that she be granted sole legal and physical custody of the following children: Name Present Residence Age DOB Rayanne Mixell 60916 th Street 4'/2 4-25-05 New Cumberland, PA 17070 Eveanne Mixell 60916 1h Street '/2 4-21-09 New Cumberland, PA 17070 14. The children were not born while out of wedlock. 15. The relationship of Plaintiff to the children is that of Mother. 16. The relationship of Defendant to the children is that of Father. 17. Currently, the children reside at the residence of Plaintiff Mother and are in her sole custody because Father is in prison. 18. Mother has been the primary caretaker of the children since birth. 19. Plaintiff has not previously filed a divorce action. 20. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 21. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 21. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 22. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the primary custodial parent to the children since their births; b. the children require the loving care of their Mother during the early years of their lives; C. the Father is in prison and has manifested an inability to refrain from criminal activity; d. the children will be permitted the greatest substantial and continuing contact with both of the parents by the entry of a decree awarding custody to Plaintiff; e. Plaintiff is willing and able to provide proper care and supervision for these children; f. Plaintiff can provide a stable and loving environment for her children; and g. it is in the best interests of the children that the children remain in the legal and physical custody of Plaintiff, and in the company of supportive family. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant sole legal and physical custody of the children, Rayanne Mixell and Eveanne Mixell, to Plaintiff. Visitation of Father, if any, should be on a supervised basis. Dated: February 3, 2010 9" Edmund J. Berger Attorney for Plaintiff BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfitm.net VERIFICATION I, SHARLA MIXELL, verify that the statements made in this Complaint 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 S-HARLA MIXELL Edmund J. Berger Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 tberger@bergerlawfirm.net OF THC PPOM0NOTARY 2010 FEB -4 AM 11: 56 GUIacp,L.IZ401 QoulflY PEMSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARLA MIXELL, : Docket No. ` Plaintiff ID- v. IN DIVORCE RAY MIXELL, 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 breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 "ISO USTED HA SIDO EMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelente en las siguientes paginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso readicando personalmente o por medio de un abogado una comparecencia escrita y radicando en las Corte por escrito sus defenses de, y objecciones a, las demanda presntadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reciamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFOMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARLA MIXELL, Docket No. Lv? Plaintiff . V. IN DIVORCE RAY MIXELL, . Defendant CUSTODY COMPLAINT 1. Plaintiff, SHARLA MIXELL, currently resides at 609 16th Street, New Cumberland, Cumberland County PA 17070. 2. Defendant, RAY MIXELL currently resides in the York County Prison at 3400 Concord Road, York, York County, PA 17402-9007. 3. Plaintiff requests that she be granted sole legal and physical custody of the following children: Name Present Residence Age DOB Rayanne Mixell 609 16th Street 4 Y 4-25-05 New Cumberland, PA 17070 Eveanne Mixell 609 16th Street '/ 4-21-09 New Cumberland, PA 17070 4. The children were not born while out of wedlock. 5. The relationship of Plaintiff to the children is that of Mother. 6. The relationship of Defendant to the children is that of Father. 7. Currently, the children reside at the residence of Plaintiff Mother and are in her sole custody because Father is in prison. 8. Mother has been the primary caretaker of the children since birth. 9. Plaintiff is filing a divorce action together with a custody count contemporaneous with the filing of this custody action. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the primary custodial parent to the children since their births; b. the children require the loving care of their Mother during the early years of their lives; C. the Father is in prison and has manifested an inability to refrain from criminal activity; d. the children will be permitted the greatest substantial and continuing contact with both of the parents by the entry of a decree awarding custody to Plaintiff; e. Plaintiff is willing and able to provide proper care and supervision for these children; f. Plaintiff can provide a stable and loving environment for her children; and g. it is in the best interests of the children that the children remain in the legal and physical custody of Plaintiff, and in the company of supportive family. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant sole legal and physical custody of the children, Rayanne Mixell and Eveanne Mixell, to Plaintiff. Visitation of Father, if any, should be on a supervised basis. Dated: February 4, 2010 BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfirm.net Attorney Tor Nlaintitt VERIFICATION I, SHARLA MIXELL, verify that the statements made in this Complaint 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 SHARLA MIXELL SHARLA MIXELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-954 CIVIL ACTION LAW RAY MIXELL IN CUSTODY OI FI:NDANT ORDER OF COURT AND NOW, Mond, February 08, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 02, 2010 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _ /s/ Jacqueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-')166 RLED-=O FiCE CO t)F 11-IE PFO DJONIOTARY 2010 FEB -8 PM 3: 10 curd OJUN Y el? ??.?` _ MAR 0 2 2010 SHARLA MIXELL, Plaintiff V. RAY MIXELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-954 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ?.t\ ? day of Mprt,Y\ , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sharla Mixell shall have sole legal custody of Rayanne Mixell, born April 25, 2005 and Eveanne Mixell, born April 21, 2009. 2. Mother shall have sole physical custody of the children. 3. Father shall have periods of supervised visitation of the children as agreed by the parties. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: T 'Berger, Esquire, Counsel for Mother ?Ray Mixell, pro se York County Prison 3400 Concord Road York, PA 17402-9007 (20PI-C-S, en-"'al Lac n ?c C= a d 3 r ca 9 an ca .c- SHARLA MIXELL, Plaintiff V. RAY MIXELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-954 CIVIL ACTION - LAW f IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rayanne Mixell April 25, 2005 Mother Eveanne Mixell April 21, 2009 Mother 2. A Conciliation Confer,;nce was held in this matter on March 2, 2010, with the following in attendance: The Mother, Sharla Mixell, with her counsel, Tad Berger, Esquire. Father is incarcerated. He received notice of the conference, but did not appear or contact the Conciliator to participate by telephone. 3. Mother requested an Order in the form as attached. 3 c> Date Jac line M. Verney, Esquire Custody Conciliator SHERIFF'S OFFICE OF CUMBERL? R?JNW Ronny R Anderson OF TF,E PmTHC?"x,0TAW Sheriff Jody S Smith uit*4'44,? 2010 MAR -4 AM 8: 33 Chief Deputy' Edward LSchorpp ``"DUB Solicitor OFFICE OF THE SHERIFF P`E4 iNSYl.VANIA Sharla Mixell vs. Ray Mixell Case Number 2010-954 SHERIFF'S RETURN OF SERVICE 02/09/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ray Mixell, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Divorce and Order of Court according to law. 02/17/2010 York County Return: And now February 17, 2010 at 0955 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Divorce and Order of Court, upon the within named defendant, to wit: Ray Mixell by making known unto himself personally, at 3400 Concord Road c/o York County Prison, York, PA 17402 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 March 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration SHARLA MIXELL vs. RAY MIXELL Case Number 2010-954 CIVIL SHERIFF'S RETURN OF SERVICE 02/17/2010 09:55 AM - DEPUTY BRET NEWCOMER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED CIVIL ACTION BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: RAY MIXELL AT 3400 CONCORD ROAD, C/O YORK CO PRISON, YORK, PA 17402-9007. BRET NEWCOMER, DEPUTY SHERIFF COST: $28.00 February 26, 2010 SO A S, (CHARD P K LEB R, SHERIFF ------------ - NOTARY COMMONWEALTH OF PENNSYLVANIA Affirmed and subscribed to before me this Notaial Seal 26th day of FEBRUARY 2010 Kribaugh, NI, a Public York, York Cw* MY E*kw May 16, 201, Member, Pennsylvania Assoalatlon of NotaNes U COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE WSTRUCTKWS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY CODS 1 PLAINTIFF/S/ 2. COURT NUMBER Sharla Mizell 3 DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Ray Mixell I Complaint in Divorce SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD M& Ray Mixell c/o York County Prison _' 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP. STATE AND ZIP CODE) AT 3400 Concord Road York, PA 17402-9007 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE O DEPUTIZE 0 CERT. MAIL O 1 ST CLASS MAIL O POSTED O OTHER NOW FebnlaT,z 9 201x_ I, SHERIF OUNTY A, deputize the sheriff of York COUNTY to execute this e r ccprding to law. This deputization being made at the request and risk of the plaintiff., SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE Return To: The Cumberland County Sheriffs Office 1 Courthouse Square Room 303 Carlisle, PA 17013 I.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same ?. waiv?a] v? wiiuinerer is rouno in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destructtion, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED Edmund J. Berger 1717-920-8900 2/4/10 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be matted). THE CUMBERLAND COUNTY SHERIFF'S OFFICE SPACE BELOW FOR USE OF THE SHERIFF ? DO NOT WRITE BELOW TM LSE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSI Date I Time I Miles I Int. 1 Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. 23. Advance Costs 24 Service Costs 25. N/F t26 Mileage 27. Postage E28.Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 3740co-ts34. Foreign County Costs 35Advance Costs 36. Service Costs 37Notary Cert 38. Mileage/Postage/Not Found 39. Total Costs Due or Refund 41. AFFIRMED and subscribed to before me this SO ANSWERS 44. Signature of 45. DATE 42. day of 20 _ 43. pep. Sheriff PROTHY / NOTARY 46. Signature of York 47. DATE County Sheriff 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office •? . ,. ?c s .. . -mss. xs?x. ac: a _ ,. -__ __ ? - -- r..t t 1i P 5 : . / <': v i ? e ?: ?.. F •, f' IN ~'HE COURT OF COMMON PLEAS OF SHARLA MIXELL, ID-Q5'~ :Docket No. 4fl-99'!F Civil Term Plaintiff v. IN DIVORCE RAY MIXELL, Defends t CU BERLAND COUNTY, PENNSYLVANIA PRAECIPE TO TRANSMIT RECORD TO THE PROTHONO RY: Please transmit he record, together with the following information, to the Court for entry of a div rce decree: 1. Ground f r divorce: irretrievable breakdown under Section 3301(c) 2. Date and manner of service of the complaint: By sheriff on 3301(c) of the Divorce Coder By Plaint' :July 9, 2010 By Defen ant: July 10, 2010 4. Related aims pending: None. 3. Da#e of a ecution of the Affidavit of Consent required by Section February 17, 2010. J1T ' ~ L. lY 2tiiD ~~.L i ~ ~1 ; ~ ;~: ~ to . T, r- ~,rc..~i~. f' 5. Date Plai Divorce Decree Under July 15, 2010 6. D< Entry of a Divorce Dec 2010. Dated: July 14, 2010 Waiver of Notice of Intention to Request Entry of a 3301(c) Divorce was filed with the prothonotary: Defendant's Waiver of Notice of Intention to Request Under Section 3301(c) filed with the prothonotary: July 15, Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 tberger@bergerlawfirm. net Attorney for Plaintiff L„ ,.~. - - ~, -:, i G'u ti - ~.~"~ ~Y IN T~iE COURT OF COMMON PLEAS OF r ~ ~ ` ~> CUM ERLAND COUNTY, PENNSYLVANIA SHARLA MIXELL, ~~`~ :Docket No. JF9=9~7 Civil Term Plaintiff . v. RAY MIXELL, Defenda 1. A Compla IN DIVORCE AFFIDAVIT OF CONSENT in Divorce under § 3301 (c) of the Divorce Code was filed on February 4, 2010. 2. The marri~ge of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent o the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees ~r expenses if I do not claim them before a divorce is granted. 5. I verify that t the statements made in this affidavit are true and correct. understand that false statements are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relati g to unsworn falsification to authorities. / / J Date: 7< 1~ Ray ixell c~+ _e _ - IN T~ E COURT OF COMMON PLEAS OF 2~,~ .'vr { ~ P~ ! ~ ~ CUM ERLAND COUNTY, PENNSYLVANIA, ,,,, - ,: ,.,.~ ! ir'. '` SHARLA MIXELL, Plaintiff v. RAY MIXELL, Defends to-q5~ Docket No. ~~A-95r~Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION REQUEST ENTRY OF A DIVORCE DECREE JNDER §3301 (c) OF THE DIVORCE CODE 1. I consent I the entry of a final decree of divorce without notice. 2. I understa d that I may lose rights concerning alimony, division of property, lawyer's fees r expenses if I do not claim them before a divorce is granted. 3. I understa d that I will not be divorced until a divorce decree is entered by the Court and that a coy 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 are made subject to the penalties of 78 Pa. Cons. Stat. Ann. § 4904 relati g to unsworn falsification to authorities. Date: 7 '" ~0 " 1 ~ _ Ra ixell ,~~ T « ~, u 201 J'_ Z ~ ~:~ ! IN T E COURT OF COMMON PLEAS OF Cl,,,~d ._, } ,:~~~; r _~_` ~t; CUM ERLAND COUNTY, PENNSYLVANIA SHARLA MIXELL, Ip-Q~ :Docket No. 49-95r~ Civil Term Plaintiff v. IN DIVORCE RAY MIXELL, Defenda AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on February 4, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent tp the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees dr expenses if I do not claim them before a divorce is granted. 5. I verify tha~ the statements made in this affidavit are true and correct. understand that false statements are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relati g to unsworn falsification to authorities. Date: / ` aria Mixell IN ~HE COURT OF COMMON PLEAS O~^ T,;r ` `.,''' '.,`_ t~" 2~i0.~_ i o ~:' CUM ERLAND COUNTY, PENNSYLVANIA GUS t.. , _;,`~~ :rY SHARLA MIXELL, ~~ I'--- ~ '~`i' ~ + ~~, :pocket No. 10-957 Civil Term Plaintiff v. IN DIVORCE RAY MIXELL, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE NDER§3301 (c) OF THE DIVORCE CODE 1. I consent 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 c}r expenses if I do not claim them before a divorce is granted. 3. I u the Court and that a with the prothonotary. I verify that the understand that false Stat: Ann. § 4904 relati Date: / / t I ~V that I will not be divorced until a divorce decree is entered by of the decree will be sent to me immediately after it is filed ments made in this affidavit are true and correct. I are made subject to the penalties of 78 Pa. Cons. to unsworn falsification to authorities. rla Mixell IN THE COURT OF COMMON PLEAS OF Sharla Mixell :CUMBERLAND COUNTY, PENNSYLVANIA V.' Ray Mixell NO. 10-q5~{ Civil Term DIVORCE DECREE AND NOW, Sharla Mixell ~ y '~,~ '~Q l~ , it is ordered and decreed that Ray Mixell bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing ~pousal support order shall hereafter be deemed an order for alimony pendente The court for which a final claims remain ind NONE if any economic claims remain pending. ns jurisdiction of any claims raised by the parties to this action has not yet been entered. Those claims are as follows: (If no "None.") By the Court, Attest: ~ Prothonotary ~ • a+o • ~ o ~ cs~. crow fed ~~.~ to ~ ~ o ~~ ~~,