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HomeMy WebLinkAbout09-0462 TIMOTHY P. NICKLIS, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. al- 14/0? CIVIL - DIVORCE DOROTHY D. NICKLIS, Defendant 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 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 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 first floor in the Cumberland County Courthouse, 1 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 _ Ak Timothy P. Nicklis, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Dorothy D. Nicklis, Defendant : NO. O 4 // 4. 2- Cvu i 7T, : CIVIL-DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Timothy P. Nicklis, by his attorney, John M. Kerr, Esquire, pursuant to Section 3301 of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Dorothy D. Nicklis, upon the grounds set forth: 1. The Plaintiff, Timothy P. Nicklis, is an adult individual residing at 100 S. Walnut Street; Mechanicsburg, Pennsylvania 17055. 2. The Defendant, Dorothy D. Nicklis, is an adult individual residing at 8092 Shady Grove Road; Myrtle Beach, South Carolina, 29588. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 21, 1997 in Manchester, Connecticut. 5. Defendant separated from Plaintiff on November 27, 2008. 6. There are no prior actions of divorce or annulment between the parties in this or any other jurisdiction have not been withdrawn. A prior action in South Carolina was dismissed as moot on August 12, 2008 (see Final Order appended to this Complaint). 7. The Plaintiff and Defendant are both citizens of the United States of America. 8. The Defendant is not a member of the United States Armed Forces. 9. 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. 10. The cause of action and section of the Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c). 11. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code, following the filing of appropriate affidavits of consent after the statutory period has elapsed. Respectfully submitted, Yr?- Jo n M. Kerr, Esquire torney I.D. it 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: January 29, 2009 4 VERIFICATION The undersigned, Timothy Nicklis, states that she is the Plaintiff in the foregoing divorce action and, as such, is authorized to execute this Verification and that any factual statements contained in the preceding "Complaint in Divorce," are true and correct to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Ti thy Nicklis 01/15/200? ?9:17 2433479576 NICKLIS PAGE 01 STATE OF SOUTH CAROLIIVA11 ?, Fy°+,MILY COURT OF THE COUNTY OF HORRY ENT'H JUDICIAL CIRCUIT FILE MBER:2007-DR-26-258 Timothy Nicklis, PLAINTIFF, ) vs. FINAL ORDER y Dorothy Nicklis, )? Aelfoo) ?, rte' P DEFENDANT. .4 G? TRIAL DATE: TRLA?L JUDGE: November 9, 200 PLAINTIFF'S ATTORNEY: GJan Bromell . Holmes DEFENDANT'S ATTORNEY: Ryan A. Stanpfle Debbie M. Wright This mutter came before me for a final hearing on November 9, 2007 in the Family Of the Fifteenth Judicial Circuit in Conway, South Carolina. Court The parties did not appear at the call of the case. However, each parties' attorney appeared on their client's behalf. Both attorneys informed the Court that as of the date of this hearing, the "es h reconciled, rendering all issues before this parties Court, moot. ORDERED, ADJUDGED AND DECREED that this action is dismissed AND IT IS SO ORDERED. JAN BROMELL, HOLMES, RES ?NY FAMILY COURT OF THE TWELFTH JUDGE, JUDICIAL CIRCUI'T' August Q 2008 CONWAY, SOUTH CAROLINA. C d TIMOTHY P. NICKLIS, Plaintiff V. DOROTHY D. NICKLIS, Defendant 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-462 CIVIL CIVIL-DIVORCE AFFIDAVIT OF SERVICE Undersigned Paralegal for the Law Office of John M. Kerr, Esquire, deposes and states as follows: 1. Undersigned Paralegal, Heather S. Clouser is an employee of Cumberland County, Pennsylvania and maintains an office at 5020 Ritter Road, Suite 109, Mechanicsburg, Pennsylvania 17055. 2. On February 17, 2009, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from Mechanicsburg, Pennsylvania, No. 7007-2680-0000-2362-7266, a Complaint in Divorce in the above-captioned matter to: Dorothy D. Nicklis P. 0. Box 3331 Conway, SC 29528 L-Omod M.err V W" FWW ROW s11M6 109 Me&m**Xft PA 17055 Friona: 717.788.4008 FAx: 717.788.4088 3. On March 10, 2009, at 11:45 a.m. Dorothy D. Nicklis signed the receipt, No. 7007-2680- 0000-2362-7266, which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal Service is also appended to this Affidavit. Respectfully submitted, Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heather@6ohnkerriaw.com Dated: March 17, 2009 WK ONWEALMH OF t WSYWAIr?? Nolald Seal NMW A. WWW, Notary Pubft Cefte T iP., Perry County My CortwnW" Eyk" Feb. 0, 2012 Member, PennW aft Aaodeft of Namiss L"Gemd M.6rr 5020 FU M N Roes Sure 100 Moduffr Mburg, PA 17055 Pkom: 717.708.4008 FAx: 717.788.4008 Sworn and subscribed before me, a Notary Public, this 17th day of USPS - Track & Confirm ?.t.Yt• it ?.a Trek & Confirm Search Results Label/Receipt Number: 7007 2680 0000 2362 7266 Status: Delivered Your item was delivered at 11:45 AM on March 10, 2009 in CONWAY, SC 29528. ONES (!!! W f WW HSr Page 1 of 1 Home I Help I S.Ign._ o Track -&(;9"1W n FAQ5 Traet colftm Enter Label/Receipt Number. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Bo> Site Map (ontacf _Us F,omis Gog't SerAm Jabg prwaoy_POIi, y Terms of Use National &_premier Accounts CopyrightO 1999-2007 USPS. Ali Rights Reserved. No FEAR Act EEO Data FOIA a i '?FiatNftm I. tided?D&Wy Is d0dried. • Print Yom nente and eddr , an ow mm" so-thd we cm nAk1 t the tend to you, ¦ Attach ttfe card to the beck of ft M0100 ft or on the If ePwo PerO ts. 1. Attkis Ad&assed to: t0 •'l?iC?1aS "?,p.?- c?? 3331 y khO At? X A 004WM a. Pacelood by (ftj?j Nw* C. Dep bf DNlwry D. b dMrMy ttliirss dNletettt 1t M Nnn b 1Fis n yK « uT DELIVERY M C >(N , SG d9s Z8 i& S04,106 Iwo CW Mad MM 0 1 MM RESTRICTED 0 kum md 2' 7007 268["0000 2362 7266 (1?11ril1trilwS.lsrr Ysi - --_._.-- ___.-- httv://trkcnfrml .smi.um.com/minwnwtwebnntefLa>tWIn,ouirv_& I n n MAAn .rte -? r -? ?_r TIMOTHY P. NICKLIS, Plaintiff V. DOROTHY D. NICKLIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-462 CIVIL CIVIL -DIVORCE NOTICE n ~ fl Q -~ ~ rn ~' ~, ~ ~~ ~ a ~ ~ -~c If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on November 24, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievable 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 a 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: ~ - ~ - ~~ \ Tim y . Nicklis, lainti f TIMOTHY P. NICKLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• N0.09-462 CIVIL CIVIL -DIVORCE C7 c DOROTHY D. NICKLIS, .~~ c+ Defendant ~ a • ~_ . ~ z ~-~ ~ rrt r„~. -~ : i . s _ ~~_ ~ ._ ~ PLAINTIFF'S AFFIDAVIT OF CONSENT ~' ~ ~ UNDER SECTION 3301© OF THE DIVORCE CODE r ~ ~ o Cb -C 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2009. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of 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. 4. 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. Dated: _~) ~~ 1~0 ~ Signature: TIMOTHY P. NICKLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• N0.09-462 CIVIL CIVIL- DIVORCE ~ v c~ DOROTHY D. NICKLIS, ~r~ 2 Defendant ~. t._ ~ ~-~` ~ . v. ~.> <.: ~~ _~ > .._. ~ {' C; ~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF ~'C A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE ~~' ,r p 1. I consent to 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 divorce 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 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: ~ w1 I ~~ < mothy P. Nicklis, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY P. NICKLIS V. DOROTHY D. NICKLIS NO 09-462 CIVIL DIVORCE DECREE AND NOW, ~Gi ~ ~~ ~®! ~ , it is ordered and decreed that TIMOTHY P. NICKLIS plaintiff, and DOROTHY D. NICKLIS ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, ~s ~ in ~.~- CG~~iu ..~,~~~`~ ~~~ .~ /~~~ TIMOTHY P. NICKLIS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. DOROTHY D. NICKLIS, ,.,, DEFENDANT 09-462 CIVIL TERM c ~.~!_-. -y.- .r MEMORANDUM OPINION AND ORDER OF COURT _ ~~ ~ -- ,~ -: ~-;- - :... `~ Masland, J., May 25, 2010:-- - _ BACKGROUND y - :: ' -:< ~ , z:: -~ On February 19, 2010, this court was presented with a praecipe to transmit record, which was incomplete in that it contained no information in paragraph 3 (pertaining to the date of execution of affidavits). At the direction of this court, plaintiff filed a revised praecipe to transmit record on March 22, 2010. Although the information was complete in paragraph 3 the court noted a discrepancy in the file regarding the date of separation. As noted in our order of April 9, 2010, there were three distinct inconsistent dates of separation: in the complaint -- November 27, 2008; in plaintiff's petition to enter a divorce decree -November 23, 2006; and in plaintiff's affidavit under Section 3301(d) of the Divorce Code -- November 24, 2007. Given that only two of these dates would justify a divorce under Section 3301(d), the court scheduled a hearing to resolve the matter. In our order of April 9, 2010, the court also noted that defendant filed a counter- affidavit under Section 3301(d) which was silent on the question of separation and whether the marriage was irretrievably broken. Defendant's affidavit did circle paragraph 2(b) indicating a request for economic relief; however, the court noted that, 09-452 CIVIL TERM contrary to the express direction in the affidavit, defendant had failed to file "claims with the prothonotary in writing and serve them on the other party." Therefore, the court set a hearing for May 19, 2010, to determine: (a) If the parties had been separated for over two years; (b) if the marriage was irretrievably broken; and (c) if there were any economic issues to be decided. On May 19, 2010, plaintiff appeared with counsel, John M. Kerr, Esquire, and defendant, who is self-represented, appeared via telephone. Upon consideration of the testimony and argument proffered, the court finds as follows: FINDINGS OF FACT 1. The parties were married on June 21, 1997. 2. The parties separated on or about September 6, 2006. 3. In July of 2007, the parties executed a marital settlement agreement, which was governed by the laws of South Carolina, in which they effectively disposed of their various rights, including their property rights. 4. The parties were each represented by counsel during the drafting of the aforesaid agreement. 5. In November of 2007 the parties attempted to reconcile and plaintiff moved defendant and some of her property from South Carolina to Pennsylvania. 6. On or about November 21, 2007, the reconciliation attempt having failed, the parties separated with defendant moving back to South Carolina. 7. When defendant returned to South Carolina she took some but not all of the furniture which she had brought from South Carolina. -2- 09-452 CIVIL TERM 8. The parties have lived separate and apart since the end of November, 2007. 9. Both parties testified that the marriage is irretrievably broken. 10. The only potentially outstanding issue is defendant's claim for economic relief, which she made by circling Paragraph 2(b) in the counter-affidavit under Section 3301(d) of the Divorce Code that was executed by her on March 17, 2010 and filed with the Prothonotary on March 19, 2010. 11. Defendant failed to file for any specific economic claims with the Prothonotary and also failed to serve the plaintiff with any formal claim for the items. 12. Even if the defendant had properly filed and preserved a claim for relief, at the hearing, defendant testified that she "want[ed] help financially," but was unable to specify any appropriate relief in that: (a) she had previously filed and withdrawn an action for support in April of 2009; and (b) the few items of property that were not returned to South Carolina were either given away, of insignificant value, or were returned to defendant's family that was residing in Connecticut. Accordingly the court makes the following conclusions of law. 1. The parties have been separated for over two years. 2. The marriage is irretrievably broken. 3. There are no outstanding economic issues that must be resolved. Wherefore, the court shall sign the divorce decree previously submitted by plaintiff. AND NOW, this ORDER OF COURT ~~~ day of May, 2010, after a hearing to determine the date of separation, whether the marriage was irretrievably broken and if there were -3- 09-452 CIVIL TERM any outstanding economic issues, the court finds that the parties have lived separate and apart for over two years, the marriage is irretrievably broken and there are no economic outstanding issues that would preclude the entry of a divorce degree. By the Court, ~~ Albert H. Masland, J. John M. Kerr, Esquire For Timothy P. Nicklis Dorothy D. Nicklis, Pro se P.O. Box 3331 Conway, SC 29528 sal ~-C ~~~- -4-