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Home My WebLink About04-0621ANN MARIE NIEBERGALL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, V. CIVIL ACTION - LAW NO. (9a4_ 1-11 ARTHUR ROBERT NIEBERGALL, DIVORCE Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS TO: Arthur Robert Niebergall Whereabouts Unknown 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. When the ground for 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, One Courthouse Square, Carlisle, Pennsylvania. 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 17013-3387 PHONE: (717) 249-3166 ANN MARIE NIEBERGALL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, V. CIVIL ACTION - LAW /n I NO. nq - &21 0 ARTHUR ROBERT NIEBERGALL, DIVORCE Defendant. COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE Plaintiff is Ann Marie Niebergall who currently resides at an undisclosed address but whose attorney has an address of 3211 North Front Street, Harrisburg, PA 17110-0300. 2. Defendant is Arthur R. Niebergall whose current whereabouts are unknown. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on February 18, 1989 in New York. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of the Congress of 1940 and Its Amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. The 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 avers that there is one child born of this marriage under the age of 18: Jacquelyn Elizabeth Niebergall(dob: 1/7/1990). COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER $ 3301(d) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. The parties are living separate and apart and have been living separate and apart since November 1, 1989; and Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years, as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(d) of the Divorce Code. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears Supreme Court I.D. No. 87737 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: - ,v ?Q11 VERIFICATION I, Ann Marie Niebergall, verify that the statements made in the foregoing Complaint for enstvdy 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 unswom falsification to authorities. Afin Febe"' an r gal Dated: ?/?/?? 7U ? ? '`kk ^? O V \?? 1 N G ?__ C_? <,? Z? 1 ?' -f?f1l ?:' R± i `, I .. ., :: `? "y ^a U ? ANN MARIE NIEBERGALL Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW O N' /? a l C/??? 7 ARTHUR ROBERT NIEBERGALL, NO. DIVORCE Defendant. NOTICE If you wish to deny any of these statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you, or these statements will be admitted. AFFIDAVIT UNDER SECTION 3301(dI OF THE DIVORCE CODE The parties to this action separated November 1, 1990, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before 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. § 4904 relating to unsworn falsification to authorities. Date: `` Ann Mane I?iebergal r- L N O r - _ Cr'S - ? ?f !7 c-n ` O ? ANN MARIE NIEBERGALL Plaintiff, V. ARTHUR ROBERT NIEBERGALL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 04-621 CIVIL TERM DIVORCE PETITION TO WAIVE SERVICE OF DIVORCE COMPLAIIV_T AND NOW this Niebergall _ day of August, 2004, comes the Petitioner/Plaintiff, , by and through her attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and files the within Petition of which the following is an averment: I • Petitioner is Ann Marie Niebergall, Plaintiff in the above-captioned divorce which was filed on February 12, 2004. 2• Respondent is Arthur Robert Niebergall, Defendant in the above-captioned divorce. His current address and whereabouts are unknown 3. On February 18, 1989 the parties were married in N 4 ewYork State. date On November 1, 1990 the parties separated and have had no contact since that . 5. Further, there was one child born of this main age under the age of eighteen (18): Jacquelyn Elizabeth Niebergall (date of birth: 1/7/1990); and Defendant has had no contact with her as well. 6. Petitioner has no idea ofDefendant,s wh had any "'Outs, and they have not spoken or y contact in over thirteen (13) years. Petitioner wishes to divorce the Respondent so that she life and her daughter's life. can move on with her 8• Petitioner has no address or no general idea of where Respondent is currently residing and has no idea where he can be reached in order to complaint which was filed on Febru erve him with the divorce ary 12, 2004. 9• Petitioner would be prejudiced if she were not allowed to move forward with her divorce action due to the fact that she cannot locate the Respondent with whom she has had n contact in over thirteen years. o WHEREFORE, Petitioner/Plaintiff Ann Marie o February Niebergall, requests to waive service of the divorce complaint filed this Honorable Court finalizing this divorce. 12, 2004 so that she may proceed in Respectfully submitted, Date _ `'l-OL< METZGER, WICKERSHAA4 KNAUSS I- ERI, P.C. Andrew C. Spears 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Petitioner/Plaintiff VERIFICATION Wai I, Ann Marie Niebergall, verify that the statements made in the foregoi n g petition ve Service of Divorce Complaint are true to and correct to the best of my knowledge information and belief. I understand that false Penalties of 18 Pa.C.S. §4904 statements herein are made subject to the , relating to unsworn falsification to authorities. Dated: Mane mill N Q ? ? ? c? r z„ 9 ?? ,. ?, G n, c> y . -?, ''t. W J ._.?' 5 b ` ?Y"f. l.` ' < ` ? ?= r = v ? ? _ t y t O? ANN MARIE NIEBERGALL Petitioner/Plaintiff, V. ARTHUR ROBERT NIEBERGALL, Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 04-621 CIVIL TERM DIVORCE PETITION FOR PUBLICATION OF DIVORCE COMPLAINT TO YOUR HONORABLE, THE JUDGES OF SAID COURT: The Petition of Ann Marie Niebergall respectfully represents: 1. Petitioner/Plaintiff, Ann Marie Niebergall, is an adult individual currently residing at 14 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent/Defendant, Arthur Robert Niebergall, is an adult individual whose current whereabouts are unknown. 3. The parties were married on February 19, 1989 in New York State. 4. It is believed that Respondent/Defendant's last known address was somewhere in Suffolk County, New York.. 5. 3301(d). 6. Defendant. On February 12, 2004, Petitioner filed a Complaint for Divorce under Section After reasonable investigation, Petitioner is unable to locate the whereabouts of 310495-1 7. Petitioner has attempted to locate the Defendant through various searches and has been unsuccessful. 8. It would be extremely prejudicial to Petitioner, and not in her best interest, if she were unable to proceed forward with the divorce action because of the fact that she cannot locate her husband with whom she has had no contact in over ten (10) years. WHEREFORE, Petitioner requests that this Honorable Court grant her Petition to publish a Notice, notifying Defendant of the divorce which she filed in a newspaper in general circulation in Suffolk County, New York. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Cak Andrew C. Spears 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Petitioner/Plaintiff Date 310495-1 VERIFICATION I, Ann Marie Niebergall, verify that the statements made in the foregoing Petition for Publication of Divorce Complaint 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. Ann arse Niebergall Dated: 310495-1 1 2 12 C" ??L" 1, ANN MARIE NIEBERGALL Petitioner/Plaintiff, V. ARTHUR ROBERT NIEBERGALL, Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 04-621 CIVIL TERM DIVORCE PROPOSED ORDER OF COURT AND NOW, this 2/ ' day of December, 2004, upon review and consideration of Plaintiff's Petition, IT IS HEREBY ORDERED that the Complaint for Divorce filed by Petitioner, Ann Marie Niebergall, be published by Notice in a newspaper of general circulation in the area of Suffolk County, New York, for a period of no less than seven days. cc: /5?drew C. Spears, Esquire, Attorney for Plaintiff .a 3]0495-] BY THE COURT: ANN MARIE NIEBERGALL Petitioner/Plaintiff, V. ARTHUR ROBERT NIEBERGALL, Respondent/Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 04-621 CIVIL TERM DIVORCE PETITION FOR PUBLICATION OF DIVORCE COMPLAINT TO YOUR HONORABLE, THE JUDGES OF SAID COURT: The Petition of Ann Marie Niebergall respectfully represents: 1. Petitioner/Plaintiff, Ann Marie Niebergall, is an adult individual currently residing at 14 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent/Defendant, Arthur Robert Niebergall, is an adult individual whose current whereabouts are unknown. 3. The parties were married on February 19, 1989 in New York State. 4. It is believed that Respondent/Defendant's last known address was somewhere in Suffolk County, New York.. 5. On February 12, 2004, Petitioner filed a Complaint for Divorce under Section 3301(d). 6. After reasonable investigation, Petitioner is unable to locate the whereabouts of Defendant. 310495-1 7. Petitioner has attempted to locate the Defendant through various searches and has been unsuccessful. 8. It would be extremely prejudicial to Petitioner, and not in her best interest, if she were unable to proceed forward with the divorce action because of the fact that she cannot locate her husband with whom she has had no contact in over ten (10) :years. WHEREFORE, Petitioner requests that this Honorable Court grant her Petition to publish a Notice, notifying Defendant of the divorce which she filed in a newspaper in general circulation in Suffolk County, New York. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. u:U_- Andrew C. Spears 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-03,00 (717) 238-8187 Attorneys for Petitioner/Plaintiff Date \-1 -\XXr'( 310495-1 VERIFICATION I, Ann Marie Niebergall, verify that the statements made in the foregoing Petition for Publication of Divorce Complaint 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. Ann arie Nieber ,all Dated: 310495-1 ?.._, l } v 1 ?? '?i ??? c: "; _-?j i., .,.i `__F -? ',.. ??! ( .? , Vii,. ?? .? i? ? ., v ??, C' ? PA EILESDAEAHLElOeneuBCnmen[11139149. pre1 Created. 0110/04 006PM Revised. 3/17105 1 36PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ANN MARIE NIEBERGALL, Plaintiff IN THE COURT OF CUMBERLAND CC ON PLEAS OF PENNSYLVANIA V. ARTHUR ROBERT NIEBERGALL, Defendant TO THE PROTHONOTARY: NO. 04-621 - CIVIL IN DIVORCE PRAECIPE Please withdraw the appearance ofMetzger Wickersham Knauss & in the above matter. METZGER WICKERSHAM - LAW on behalf of Plaintiff USS & ERB Andrew C. Spears, Esgc I.D. No. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 i Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO on behalf of Plaintiff in the above matter. Date: ? ZOOS MARTS DEARDORFF 'ILLIAMS & OTTO By Jenni r Spears, Esquire) I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ... C-1 t7 . y ? ?:3 Curtis R. Long Prothonotary office of the Vrotbonotarp 11 Renee K. Simpson 4CumbPriarlb Countp Deputy Prothonotary John E. Slike Solicitor -CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY A- r-irthnine Snuare • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573