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HomeMy WebLinkAbout10-0391NICHOLAS T. GOBLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 10 - 3R( a-tyZILTex% No . . a CIVIL - DIVORCE AND CUSTODY ?-- z-n TIFFANY M. GOBLE, `.- ug Defendant r `t a -< N NOTICE TO DEFEND cri 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 35x.00 I?5:so•CAL%.+ *4&7.so Pb AiW GILD' Ilo3(o a3& 3&A 1 NICHOLAS T. GOBLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL - DIVORCE AND CUSTODY TIFFANY M. GOBLE, Defendant COMPLAINT IN DIVORCE WITH CUSTODY COUNT AND NOW, comes the Plaintiff, Nicholas T. Goble, by his attorney, John M. Kerr, Esquire, pursuant to Section 3301(c) & 3301(d) of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Tiffany M. Goble, upon the grounds set forth: COUNT I - NO-FAULT DIVORCE UNDER §§3301(c) or 3301(d) Y Caw 0'a d otul M. err 5020 FUM Road Slffie 108 MedwAcsbiug, PA 17055 Rio : 717.766.4008 FAx: 717.766.4066 1. The Plaintiff, Nicholas T. Goble, is an adult individual residing at 36 South 39th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Tiffany M. Goble, is an adult individual residing at 443 Linden Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents 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 July 10, 2000 in Carlisle, Pennsylvania. 5. Defendant separated from Plaintiff in April, 2009. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 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. The cause of action and section of Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c) or 3301(d). 10. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. COUNT II - CUSTODY 11. Paragraphs 1-10 of this Complaint are incorporated by reference, as if fully set forth in their entirety. 12. Plaintiff Nicholas T. Goble (hereinafter, "Father") resides at 36 South 39th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 13. Defendant Tiffany M. Goble (hereinafter, "Mother"), resides at 443 Linden Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 14. Father seeks partial physical custody and joint legal custody of the following child: Name Present Residence D.O.B. Madelyn G. Goble 443 Linden Street June 3, 2001 Mechanicsburg, PA 17050 90=1?;FKerr 5020 Ritter Road suite 109 MechenWsbLag, PA 17055 Pmom: 717.766.4008 FAx: 717.766.4066 The child was not born out of wedlock. 15. The child is presently in the custody of Mother who is resides at 443 Linden Street, Mechanicsburg, Pennsylvania 17050. 16. During the past five years, the child has resided with the following persons and at the following addresses: Names Residences Dates Tiffany M. Goble 443 Linden Street 4/09- present Brianna Kauffman Mechanicsburg, PA 17050 Nicholas T. Goble 36 South 39th Street 4/04 - 4/09 Tiffany M. Goble Camp Hill, PA 17011 Brianna Kauffman 17. The Mother of the child is Tiffany M. Goble, who is residing at 443 Linden Street, Mechanicsburg, PA 17050. She is married. 18. The Father of the child is Nicholas T. Goble, residing at 36 South 39th Street, Camp Hill, PA 17011. He is married. 19. The relationship of the Mother to the child is that of mother-child. The child is currently living with the mother. 20. The relationship of the Father to the child is that of father-child. 21. 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. 22. The best interests and permanent welfare of the child will be furthered by granting partial physical custody to Father because: a) Father has resided with his daughter from her birth until Mother abandoned the marital residence in April, 2009; and b) Father acted to further the best interests of his daughter during the time he lived with her. Lw 0f8oe of otln M.err 5020 MUM Road suite 109 MCdWnWSbtag, PA 17055 Rio : 717.766.4008 FAx: 717.766.4066 WHEREFORE, the Plaintiff/Father requests that the Court: a) enter a decree of divorce under either §§ 3301(c) or 3301(d) of the Divorce Code;and b) grant partial physical custody and shared legal custody to him. Respectfully submitted, (kAI W a,141 John M. Kerr, Esquire I. D. #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 kerrlaw@comcast.net Dated: January 15, 2010 'c Hic! of ohn A err 5020 Ritter Road Suite 109 Mechanicsburg. PA 17055 PHom: 717.766.4008 Fnx: 717.766.4066 VERIFICATION The undersigned hereby states that he 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 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. Nicholas T. Goble LAS T. GOBLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10 - 391 0,;"nTerm TI FANY M. GOBLE, CIVIL ACTION - CHILD CUSTODY Defendant ' CJ ? lJ r7=1 .' C_ c-n COMPLAINT IN CUSTODY 1. Plaintiff is Nicholas T. Goble, an adult individual residing at 36 South' ?39th Weet Q _ Camp Hill, Pennsylvania 17011. -_j 2. Defendant is Tiffany M. Goble, an adult individual residing at 443 Linden Street, Mechanicsburg, Pennsylvania 17050. 3. The parties are the natural parents of the following minor child: Madelyn G. Goble, born June 3, 2001 (hereinafter, "the child"). 4. The child was not born out of wedlock. 5. The children are presently in the custody of Defendant, who resides at 443 Linden Street, Mechanicsburg, Pennsylvania 17050. 6. During the past five years, the children have resided with the following persons ohn M.err 5020 Ritter Road "e 108 Medlarik bwg, PA 17055 PHom: 717.766.4008 FAx: 717.766.4066 and at the following addresses: Names Addresses Dates Tiffany M. Goble Brianna Kauffman Nicholas T. Goble Tiffany M. Goble Brianna Kauffman 443 Linden Street Mechanicsburg, PA 17050 36 South 39th Street Camp Hill, PA 17011 4/09- present 4/04 - 4/09 7. The mother of the child is Defendant, Tiffany M. Goble, residing with the child at 443 Linden Street, Mechanicsburg, Pennsylvania 17050. She is married. 8. The father of the child is Plaintiff, Nicholas T. Goble, who resides at 36 South 39tn Street, Camp Hill, Pennsylvania 17011. He is married. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship No one other than himself 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Brianna Kauffman Daughter 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the child pending 4w Offire d O" M. en 5020 Rater Road suite 109 MediaNCSbUr$, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4088 in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) the Plaintiff Father has lived continuously with his child for the last 8 years; b) the emotional, physical and/or spiritual development of the child will be enhanced by granting primary physical custody of the child to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to him primary physical and shared legal custody of the child, Madelyn G. Goble. Respectfully submitted, - (?z W. - John . Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Nicholas T. Goble Dated: January 15, 2010 Y Lwo?? o) n M.?err 5020 Ritter Road State 108 Medmlcstxug, PA 17055 Prim: 717.766.4008 FAx: 717.766.4066 VERIFICATION The undersigned hereby states that he is the Plaintiff in the foregoing custody action and, as such, is authorized to execute this Verification and that any factual statements contained in the preceding Complaint 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. Nicholas T. Goble NICHOLAS T. GOBLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-391 CIVIL ACTION LAW TIFFANY M. GOBLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, January 22, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 18, 2010 at 9:30 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 entrv 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/ Hubert X. Gilroy, Es q. 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 2010 ???" 22 COOL NICHOLAS T. GOBLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-391 CIVIL o CIVIL-DIVORCE TIFFANY M. GOBLE, Defendant a -? .r .. "rI (.. AFFIDAVIT OF SERVICE c ? 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 January 22, 2010, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from Newport, Pennsylvania, No. 7007-2680-0000-2362-6085, a Complaint in Divorce in the above-captioned matter to: Tiffany Goble 443 Linden Street Mechanicsburg, PA 17055 3. On January 25, 2010, at 11:57 a.m. Tiffany Goble signed the receipt, No. 7007-2680- w 0(Sce of . f Kerr oGhn M 502o Ritter Road suite 100 Mecharlicsbtrg, PA 17055 P"ow 717.766.4008 FAx: 717.766.4066 0000-2362-6085, which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal Service is also appended to this Affidavit. Respectfully submitted, ?-/? 4&1!?? Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heatherMohnkerdaw.com Uw Offis of otln M.7--l-err so20 Ritter Road suite 109 Mechanicsburg. PA 17055 Pwom: 717.766.4008 FAx: 717.766.4066 Dated: February /0 , 2010 J4 4A' 40 4L otary Public Sworn and subscribed %fore me, a Notary Public, this 1.2n day of February, 2010. COMMONWEALTH OF PENNSYLVANIA Not" Sod Janni Suzanne Procops, Notary Pubk Lower Akn Twp., Cumberiand County MY Commission Expires . 0, 2013 Member, Pennsylvania Assodedon of Notaries USPS - Track & Confirm Page 1 of 1 , `? UNITED ST13TES POSTAL SERVK:E,? Home i Help i Sign in Track & Confirm FAQs Track & Confirm Search Results Label/ReceiptNumber: 7007 2680 0000 2362 6085 Class: First-Class Mail® Track & Coutirm Service(s): Certified Mail'" Enter Label/Receipt Number. ----- --"---- - ----__. Restricted Delivery Return Receipt Status: Delivered Your item was delivered at 11:57 AM on January 25, 2010 in MECHANICSBURG, PA 17055. Detailed Results: • Delivered, January 25, 2010,11:57 am, MECHANICSBURG, PA 17055 • Notice Left, January 23, 2010,12:41 pm, MECHANICSBURG, PA 17055 • Acceptance, January 22,2010,4:38 pm, NEWPORT, PA 17074 Notification Optiors Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Gos Site Map Customer Service Forms Gott Services Careers Privacy Policy Terms of Use Business Customer Gateway Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ¦ Complete items 1, 2, and 3. Also complete item 4 if Restrioted 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: IyC e 4y3 La d??15+ m,ooixnnl,' h . PA r`7a55 a Age,* 13.-Secei?w inted NZ) C. Date of Delivery D. Is delivery aaaress different from Rem 1 ? ? Yes If YES, enter delivery address below: ? No 9 r 3. Service Type 01.Certified Mail ? Express Mail ? Registered ? Return Receipt for ise ? Insured Mail ? C.O.D. 4. Resr,-'tom Yes 2. Article Number 7007 2680 0000 2362 6085 (Transfer from servke ktw PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 FEE 18 2010 NICHOLAS T. GOBLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TIFFANY M. GOBLE, NO. 2010-391 Defendant IN CUSTODY ORDER "IJ AND NOW, this day of February, 2010, the Conciliator being advi_§*"the lies ' have reached an agreement, the Conciliator relinquishes jurisdiction. -- =?' crr ?r c -? Hubert X. Gilroy, squire Custody Concilia r NICHOLAS T. GOBLE, PLAINTIFF, V. TIFFANY M. GOBLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-0391 CIVIL TERM DIVORCE DECREE AND NOW, u6 v2 ~ , c'~C~LC~ , it is ordered and decreed that NICHOLAS T. GOBLE ,plaintiff, and TIFFANY M. GOBLE ,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.") The provisions of the Agreement entered into by the parties on July 6 2010 shall be incorporated by reference but shall not be merged into this final Decree in Divorce. By the Court, ~~ ~ 9~ I D C~~: c~~ c~a.;~a .~o • a.9 c~hcA.. ~; ~~