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HomeMy WebLinkAbout03-5724 Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen Barrick, v. Defendant CIVIL ACTION - LA W NO. 03- .5'7.;1.'1 CIVIL TERM IN DIVORCE Ryan Nickel, NOTICE TO DEFEND You have been sued in court. ]f you wish to defend against the claims set forth in the following pages, you must talce 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 brealcdown 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 Court House, High and Hanover Streets, Carlisle, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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 HA VE 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, P A 17013 Phone: (717) 249-3166 or (800) 990-9108 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 infornlation 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. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Stephen Barrick, v. Defendant CIVIL ACTION - LAW NO. 03- ."-7;1.<1 CIVIL TERM IN DIVORCE Ryan Nickel, COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE I. Plaintiff is Stephen Barrick, an adult individual, who currently resides at 1102 Kerry Avenue, Logan, Harrison County, Iowa 51546. 2. Defendant is Ryan Nickel, an adult individual, who resides at 1010 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on June 4, 2002 in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, Date: / () - 5'/- 0 ? Ci~si ~yL 155 South Hanover Street Carlisle,PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff VERIFICATION I verifY that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Date: /0 -;). 7-19} ~~Ck CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Stephen Barrick, do hereby certify that I this day served a copy of the Divorce Complaint upon the following by depositing same in the United States mail, First Class Mail, Certified. Restricted and Return Receipt Requested, postage paid, at Carlisle, Pennsylvania, addressed as follows: Ryan Nickel 1010 Cranes Gap Road Carlisle, P A 17013 M~I~E~i~~ Attorney for Plaintiff 7J /di-,rJ3> Date ~. ,., l ~ ~ ~\ ,~ ~ , '^. Q ,~.) 0 , , N :" '-- (",.:' "T\ ( i.F\ M ;s: c:') \J \J(~;-; '..., " [I;r:~'1 .-~ ,-, "- ) \ 4-.-' W ~ ~ \~ fu',' -:C> '''l\' \ "- .< r:; ~ ;r; " -,~, :.t: .... ~ Z~- " , ~ - n: ~ :i;' (:,':: ~.) -:. ~"7 '" :.... ~ :1~ -< \0 -<. Stephen Barrick, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 03-5724 IN DIVORCE CIVIL TERM Ryan Nickel, NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must talce 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 brealcdown 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 Court House, High and Hanover Streets, Carlisle, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVIS]ON 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 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 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. Stephen Barrick, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 03-5724 IN DIVORCE CIVIL TERM Ryan Nickel, AMENDED COMPLAINT FOR DIVORCE ]. Plaintiff is Stephen Barrick, an adult individual, who currently resides at ] 102 Kerry Avenue, Logan, Harrison County, Iowa 51546. 2. Defendant is Ryan Nickel, an adult individual, who resides at 1010 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. COUNT I - DIVORCE UNDER SECTION 3301(C) 4. Plaintiff and Defendant were married on June 4,2002 in Las Vegan, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II - UNDER SECTION 3301(D) 9. The prior paragraphs of this Complaint are incorporated by reference. 10. Plaintiff and Defendant have been separated since February 7, 2003. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, Date: ~- I~ oS-- MC2~e,iq~A 155 South Hanover Street Carlisle, PA 17013 (7] 7) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff Plaintiff TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen Barrick, v. Defendant CIVIL ACTION. LAW NO. 03.5724 TN DIVORCE CIVIL TERM Ryan Nickel, VERIFICATION I 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. 94904, relating to unsworn falsification to authorities. Date: ;')-d!?-rJS- ,? ,/ - ,"" We-'eo::>'- _._.~.,' ~-"'t;';;:"-;~:::~",/;;~.-_.'_. - - Stephen Barrick, Plaintiff ~) I~ ' r -J "'> C~'d' C.;,.;I '~J1 () -II :~:J rn .- S~~~ I r,) ~., ....l,.. r::..3 , l~n c.; J..;' Stephen Barrick, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 03-5724 TERM : IN DIVORCE CIVIL Ryan Nickel, ~OTlCE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated on February 7, 2003, and have continued to live separate 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 tees or expenses if I do not claim them bdore a di v<)rce is grankd. 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. 94904 relating to unswom falsification to authorities. Date: ,; - d a"-O 'S- ~ ~ 7f: ' ~/ Stephen Barrick, Plaintiff '" ~~?; c; ;';..:-1 -n :!= :J~ _ :..:0 1"11 , I"J ;<5 c' , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen Barrick, v. Defendant CIVIL ACTION - LAW NO. 03-5724 IN DIVORCE CIVIL TERM Ryan Nickel, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Grounds for divorce: irretrievable breakdown under 9 330](c) and 3301 (d)(l) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, March 7, 2005. (Exhibit "A"). 3. Date of execution of the Plaintiffs Affidavit required by 93301 (d) of the Divorce Code: Date of filing and service of the Plaintiff s Affidavit upon the Respondent: June 29, 2005 (Exhibit "B"). 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: June 29,2005 Date: August 9, 2005 Respectfully submitted ROMINGER, BAYLEY & WHARE /Vl.-tY' ~ /J L- /( , Michael J. WhaJi'; Esquire ] 55 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 89028 IiIN\fI\lASNN3r:! )Jj\J!!W .i'{1Hj8v'inO .., I : II WV 0 I ~nv SOOl Alf.tlONOHlOOd 3Hl:lO 3::Jld.-IO-G3lI:l EXHIBIT "A" . Complete items t, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: j?j/tl# /lI;ekeG ~ It/. 47 t/#,a/L.5!. Jlf'f /13 C~iL5'& (1) f7N3 ~ 2. Article Number (hnSfer fn)m.SfJf1Ibe I D. I livery address different from Item 1 If YES, enter delivery address below: . No 30-q,)..( ~ *"-;}.. e.~AlC, \'e---<PA- \'10'3 3. Service Type till Certified Mall 0 Express Mall t:J Registered Ql'Return Receipt for MfII'Chandtse o Insured Mall 0 C.O.D. 4. Restricted Deli\leiy'l (Edra Fee) Yea 7004 1350 0003 7142 6335 PS Form 3811, Februery 2004- Domestic Retum Receipt 102595-02.M-1540 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Stephen Barrick, v. Defendant CIVIL ACTION - LAW NO. 03-5724 TERM : IN DIVORCE CIVIL Ryan Nickel, NOTICE ]f you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated on February 7, 2003, and have continued to live separate 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 3 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. 94904 relating to unsworn falsification to authorities. Date: 7 ~ 2 'I' (:) ") ~-/r & -..) - Stephen Barrick, Plaintiff \flN\1'~:lASNl'J::]d lINn, rJr, n":'.{"'-,',,'I'n'" f\J.;. 1'- '.' ., ", "~"., ...".~, v C I : II \.IV 0 I anv SaUl ,I,l:lV1ONOHlOUd 31-U. :10 3Ji:J:!O-Cl311:l v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Stephen Barrick, Plaintiff Defendant : NO. 03 - 5724 CIVIL TERM : IN DIVORCE Ryan Nickel, NOTICE OF INTENTION TO REQUEST ENTRY OF 63301 (d) DIVORCE DECREE TO: Ryan Nickel, PlaintifffDefendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintitrs affidavit to the ~ 3301 (d) addidavit. Therefore, on or after July 11, 2005 the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. 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. The filing of the form counter-affidavit alone does not protect your economic claims. 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 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen Barrick, v. Defendant CIVIL ACTION - LAW NO. 03-5724 CIVIL TERM IN DIVORCE Ryan Nickel, COUNTER-AFFIDAVIT UNDER SECTION 3301(d} 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 two 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 1 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 1 B Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: Ryan Nickel, Defendant 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. ...' -::;.? ~ ~- ""'l'"'\ ,,-~ r\"\1'_ ""1,-:;,_' <j';C (]J.t>;, -~L '.L C' ;:";1' _ ZL 7<; 1; " -- -c::' q. :-?-1\ :;'>\"1e;'~ .-{~\ '\.5 '\' "' ;~"_:",~? -,- ,,' 'i~~ ...~ ,.- ~ I - - STEPHEN BARRICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RYAN NICKEL, Defendant NO. 03-5724 CIVIL TERM ORDER OF COURT AND NOW, this lih day of August, 2005, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that Plaintiff's notice of intent and affidavit under Section 3301(d) of the Divorce Code were served approximately simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit. BY THE COURT, ~ Whare, Esq. Attorney for Plaintiff Uk J. J. :rc " \iJNV/\lAS:\li{Jd "N'("'; n ',.,' ,".,..,i'!'II", I\D r r_,/! '. ,'::---:r~~llv 9~ :2 Wd L I ~nv SOUl It11." 0' ,", ,~' , [ ~Hl ~o "ovJ. '~\4v:-llUt:la j .;J 38U,KHIlll:! ">',1 ,,"~ "" ." , " Stephen Barrick, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Ryan Nickel, Defendant : NO. 03 - 5724 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF S 3301 (d) DIVORCE DECREE TO: Ryan Nickel, Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintiffs affidavit to the 9 330 I (d) affidavit. Therefore, on or after September] 2, 2005 the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. 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. The filing of the form counter-affidavit alone does not protect your economic claims. 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 OFF]CE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 ]7013 (717) 249-3166 0 ~ ~ c: "'" ~; "" ri~';~ 2: ::;:l..,., ~, G'> I'1"1F .,.. ..,.,1'1" " N ~ba (/, , U'I ~0 ~~~ "-," c~ \:: ., :;~6 ~-< " ::2 j; c, - G""' ~ - '-\ .;,~ ;;0 ::;J v:> - '< . . . . . . . . . . . . . . . . . . . . . . ;f. "':f. '" . .. . . . . "';Ii ;t; :f.'" :f.:f. ;Ii"; :t::f.:+:;f."':f.:t:;f. ... ... . IN THE COURT OF COMMON PLEAS . . . . . . . . . . . . . . . . . . . . . Stephen Barrick VERSUS . . . . . . . . . . . . Ryan Nickel . . . . . . . . . . . . . . AND NOW, DECREED THAT . . . . . . . . . . . . . . AND Rvan Nickel OF CUMBERLAND COUNTY STATE OF PENNA. No. 03-5724 DECREE IN DIVORCE <"'~l'''''' kcJ 7f... 'ZooC;-, IT IS ORDERED AND Stephen Barrick , PLAI NTI FF, , 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; . . . . . . BY THE COURT: ~iJLeo of:c,j' ATT T: . PROTHONOTARY . . . . ... . .. .. .. . .. . J. . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + + . + + . + . . + + . + + . + + + + + . . + + + + + + + + .+ . ~ F f:. /fT'J?l1'/ ~.?<) yo- '7 e j r>?7l/rl. r f. ~"W ~ 'P7J 50 '7l'" .." . . .