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Home My WebLink About09-4593Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthennilspaw(&milspawlawfinn.com MICHELE M. DIBBLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 4 9 - 145 93 c.?'-A Q,,•- MARK P. DIBBLE, IN DIVORCE Defendant IN CUSTODY 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 SERVICE 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 DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n 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 reclamaci6n 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 INFORMACION A CERCA DE COMO CONSEGUIR 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 2 MICHELE M. DIBBLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 05- YS 43 L; j T - MARK P. DIBBLE, IN DIVORCE Defendant IN CUSTODY COUNT ONE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is MICHELE M. DIBBLE, who currently resides at 5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is MARK P. DIBBLE, who currently resides at 5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 7, 1992, in Cheektowaga, New York. 5. There have been no prior actions of divorce or for annulment of marriage between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff avers that there are two (2) children of the marriage, both of whom are minors. 8. Plaintiff and Defendant have not yet physically separated. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff 3 may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, MICHELE M. DIBBLE, requests your Honorable Court to enter a Decree in Divorce divorcing said Plaintiff from Defendant. COUNT TWO CUSTODY 11. Paragraphs 1-10 of this Complaint are incorporated herein by reference. 12. Plaintiff seeks custody of the following children: Patrick Shane Dibble Anna Michele Dibble Date of Birth: April 16, 1995 Date of Birth: May 10, 1998 The children were not born out of wedlock. The children are presently in the custody of Plaintiff, who resides at5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. During the past five (5) years, the children have resided with the following persons and at the following addresses: Summer of 2005 to present Michele M. Dibble Mark P. Dibble Several years prior to 2005 5904 Stephens Crossing Mechanicsburg, PA 17050 9 Sydney Lane Stafford, VA 22554 4 The mother of the children is Michele M. Dibble, the Plaintiff, currently residing at 5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is married to Defendant. The father of the children is Mark P. Dibble, the Defendant, currently residing at 5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is married to Plaintiff. 13 14 15 The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME Mark P. Dibble Patrick Shane Dibble Anna Michele Dibble RELATIONSHIP Husband Son Daughter The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: NAME Michele M. Dibble Patrick Shane Dibble Anna Michele Dibble RELATIONSHIP Wife Son Daughter 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 5 16. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff is the natural mother, the children currently reside with her, the children will retain their present friends and there will be the least disruption of the children's life if they remain with Plaintiff. Plaintiff has and will continue to maintain the children in the manner to which they are accustomed. Plaintiff will continue to provide a good home for the children. Plaintiff otherwise should be granted custody. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. WHEREFORE, Plaintiff requests your Honorable Court to grant custody of the children, aforesaid, to her. COUNT THREE EQUITABLE DISTRIBUTION 18. Paragraphs 1-17, inclusive, of this Complaint are incorporated herein by reference as if fully set forth. 19. Plaintiff and Defendant have legally and beneficially acquired both real and personal property during their marriage from March 7, 1992, until the present. 20. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to date of this Complaint. 6 21. Plaintiff requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation or encumbrance of all real and personal property of the parties. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties, all as per Sections 3501-3508, inclusive, of the Pennsylvania Divorce Code. Attorney ID No. 130 State Street Harrisburg, PA 17108-0946 (717) 236-3141 Facsimile (717) 236-0791 Attorney for Plaintiff Dated: July 9, 2009 P.O. Box 946 VERIFICATION I, Michele M. Dibble, hereby verify that the statements made in the foregoing 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.A. §4904 relating to unsworn falsification to authorities. Michele M. Dibble Dated: , 2009 - -7J q 0 P? r; 2009 ! L -? Coi ?: 15 ly t1l_ a G - (r' °P f- G 6 so eJ- y a 5 -f j7 „ a278ot, VERIFICATION I, Michele M. Dibble, hereby verify that the statements made in the foregoing 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.A. §4904 relating to unsworn falsification to authorities. Michele M. Dibble Dated: ? / ? , 2009 MICHELLE M. DIBBLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK P. DIBBLE DEFENDANT 2009-4593 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, WednesdaJuly, l5, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, August 13, 2009 at 12:00 PM -- - . ....... .......... .... ............. --- 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/ Dawn S. Sunda 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) 249-3166 FILED- OF THEE f,i^r fy IfI I i pE l 2009 AL 16 PN 12: 2 i CU MICHELE M. DIBBLE, . IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. MARK P. DIBBLE, Defendant Docket No. 09-4593 Civil Term IN DIVORCE IN CUSTODY PROOF OF SERVICE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: I, RON SILER, a competent adult in excess of twenty-one (21) years of age, pursuant to the laws of the Commonwealth of Pennsylvania, having first been duly sworn according to law, deposes and says that he served the Divorce Complaint in the above-captioned matter filed July 9, 2009, upon MARK P. DIBBLE, by handing a copy to him on July 17, 2009, at 4:50, p.m., at 5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. on Siler Sworn to and subscribed bef e me this 10t' day of ugust 2009. N tary Public ?MIMR NIMM?w $wor ?MIM? ?:LED ?r T1IE n l u ?vi Abraly, 3A? ?AAUAtoN ANMl3 J A NW tMM vuw YONNv Wool imp Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: LuthermilsnawCrr,milsnawlawfirm.com MICHELE M. DIBBLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 09-4593 Civil Term MARK P. DIBBLE, IN DIVORCE Defendant IN CUSTODY PRAECIPE TO DISCONTINUE CIVIL ACTION WITHOUT PREJUDICE TO THE PROTHONOTARY: Please discontinue the above-captioned civil action without prejudice pursuant to Pa. R.C.P. 229. LUTHER E. MILSPAW, Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Facsimile (717) 236-0791 Dated: October 21, 2009 r MICHELE M. DIBBLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 09-4593 Civil Term MARK P. DIBBLE, IN DIVORCE Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above Praecipe to Discontinue Civil Action Without Prejudice will be served upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mark P. Dibble 5904 Stephens Crossing Mechanicsburg, PA 17050-6867 d, 1. 4pec fully s n i u'ly E 4R'mvs A r. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Facsimile (717) 236-0791 OF 4*mmty 1*9 OCT 23 P" 2= 23 "m"am OCT ? 3 20094 MICHELLE M. DIBBLE. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-4593 CIVIL ACTION LAW MARK P. DIBBLE Defendant IN CUSTODY ORDER AND NOW, this 22" day of October, 2009 , the conciliator, being advised by counsel for the parties that the custody conciliation conference is no longer necessary, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today is cancelled. FOR THE COURT, - L?t- Dawn S. Sunday, Esquire Custody Conciliator ZWO,CTa` uqr ?LNIY