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HomeMy WebLinkAbout05-5751 '" , GISA NIBLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW : IN DIVORCE CLYDE NIBLACK, Defendant : NO. 05- S"7~{ CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS 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 10se 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, 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 LA WYER 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, Pennsylvania 17013 (717) 249-3166 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. , GIS A NIBLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : IN DIVORCE CLYDE NIBLACK, Defendant : NO. 05- S7S{ CIVIL TERM DIVORCE COMPLAINT The plaintiff, Gisa Niblack, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER TITLE 23 Pa.C.S" !l1:l330I(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Gisa Niblack , who currently resides at 32 West High Street, Apt. 200, Carlisle, P A 17013, Cumberland County, P A 17013, since approximately April 2004. 2. Defendant is Mr. Clyde Niblack, who currently resides at 507 Factory Street, Carlisle, Cumberland County, PA, 17013, since approximately January 2002. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on November 12, 1994, at Newville, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since July 2002. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, Plaintiff respectfully requests the court to enter a decree of divorce. IIN/o5' ~2~ Robert Lascher Certified Legal Intern Robert E. Thomas . Place Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 .' VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief, I understand making any false statement would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date II- ,] .t2r- Pill~ij~{ Gis Niblack 0 ..., 0 ~I C ''''' -n <.n ~ ~ ::;::l ..~- 0 ?i,:TI -:= ' " ""'f'Jrr. :pq ~ - () ,.L., - ~"j ;:,:;;: :~~~? ~t; -r:) "". - ~_::)ni - ...-1 ('..) ?!5 a;J .-0;: GISA NIBLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY CLYDE NIBLACK, Defendant : NO. 05-S7S{ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Gisa Niblack, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date 14 '1./105 ~)!-~ Robert Lascher Certified Legal Intern R~h:,;i~a>f THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 0 ......, 0 = ~~ ,= ., c~n ;." ",,\- ~:!J co "'" r I -efT1 :0y ...... "~;'~O ....,^ -L :p~ .-"" :l: :x ~~~.fii -;. -;; /:. -..j N .U .-< CO -< GISA NIBLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW : IN DIVORCE CLYDE NIBLACK Defendant : NO. 05- ~75'1 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER TITLE 23 PA C.S.. SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action have been separated since July of 2002, and have continued to live separate and apart for a period of at least 2 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 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. 94904, relating to unsworn falsification to authorities. Date /1;,]0:-- ....> C:::l ~ - ~:~~ q 4_ I x: o -" ~-n rnr: ""\.,)\1\ <'\'-) 1.'::\, C:~ -~1~\~7A ."/ r'"\ :~'?t l ',Y '0 :..:. 0~ -- - I'-' cP GISA NIBLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : DIVORCE CLYDE NIBLACK, Defendant : NO. 05 - 5751 CIVIL TERM CERTIFICATE OF SERVICE I, Robert Lascher, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Clyde Niblack, residing at 507 Factory Street, Carlisle, Pennsylvania 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Clyde Niblack, on the 220d day of November 2005 as evidenced by the attached green card. ~-}!.~ Robert K. Lascher Certified Legal Intern 'R~--t, ~ Robert E. Rains Thomas M. Place Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 . . .. . . Complete items 1, 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 mailplece, or on the front if space permits. 1. Article Addressed to: C L ~ c/..G Lf) l &lAd:..- S D'7 :J-01dur:; :Sl-N.d: (' C~ I P"1 II a(3 ~or,I/PLET[ THIS 'lEeT/ON ON D["lIVrRY D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type ~ified Mall o Registered o Insured Mall D Express Mall -;S:Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) JlJves 2. Article Number (Transfer from service label) 7005 03 q () ,,<') C) 3 .::l.. Go'];)., 5' c> ( b PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 (-~, C::: ("-', :n C" (~ (i'< C" .. ..... GISA NIBLACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE CLYDE NIBLACK, Defendant NO. 05 -5751 CIVIL TERM AMENDED CERTIFICATE OF SERVICE I, Robert Lascher , Certified Legal Intern, Family Law Clinic, hereby certify that I served true and correct copies of the Divorce Complaint and the Plaintiffs S3301(d) Affidavit on Clyde Niblack, who resides at 507 Factory Street, Carlisle, P A 17013, by depositing copies of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Clyde Niblack on the 22nd day of November 2005 as evidenced by the attached copy of the green card. The original green card is attached to the Certificate of Service filed with the court on November 30, 2005. f1f!JZf {f ~J.J Robert Lascher Certified Legal Intern (, ~&f;d!-tI Thoma . Place ; Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 .. A SENDER: COMPLETE TWS SEC nON . Complete items 1, 2, and 3. Also compJete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse 50 that we can return the card to you. . Attach this card to the back of the maiJpiece, or on the front jf space permits. 1. Article Addressed to: " C L~ ~ L{) 1 !d.A~ ~ 0'7. gOLdu'J ,s tf1.tJ_d l O/l....vah I P"7 I ") bi.3 2. Article Number (Transfer from servIce label) COMPLETE THIS SECTION ON DEL/VERY D. Is delivery address different from item 1 ? If YES, enter delivery address below: 3. Service Type >>certified Mail o Registered o Insured Mail I o Express Mall )S.Return Receipt for Merchandise DC,O.D. 4. Restricted Delivery? (Extra Fee) )l!he, '70()5 03<]0 000,3 ~6],;2. 50(0 \':' /~-------- GISA NIBLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY CL YDE NIBLACK, Defendant : No. 05-5751 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under s330I(d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Clyde Niblack on November 22, 2005. 3. Date of execution of the Plaintiff's Affidavit required by s330I (d) of the Divorce Code: November 3,2005; date of service of the Plaintiff's Affidavit upon the Defendant: November 22, 2005. 4. Related claims pending: none 5. Date and manner of service of the Notice ofIntention to Request Entry of Divorce Decree and Defendant's Counter-Affidavit, copies of which are attached: United States mail, first class, postage prepaid on December 13, 2005. -.J {IO/00 Date ~X~ Robert Lascher Certified Legal Intern IhfL ~(L:_ Thomas ace Robert E. Rains Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, P A 17013 717-243-2968 Attorneys for Plaintiff ) -'fl c::::; C~:' 1',_" .;~ ~ .... GISA NIBLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LA W : IN DIVORCE CL YDE NIBLACK, Defendant : NO. 05-5751 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE I. 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 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. () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further delay. .~ , 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 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. Date Clyde Niblack Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claims for economic relief, you should not file this counter-affidavit. (-'j ">j ...,--- -,--, o (;:?' t."..> GlSA NIBLACK, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL VANIA v. CL YDE NIBLACK, Defendant : CIVIL ACTION - LAW : DIVORCE : NO. 05-5751 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: CLYDE NIBLACK, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the !l330l(d) affidavit. Therefore, on or after January 3, 2006, 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 wi1l10se 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD 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, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. C) "n :.:-J ~ l', -- C> .::,.) \'::J ....----- GISA NIBLACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW : DIVORCE CLYDE NIBLACK, Defendant : NO. 05 - 5751 CIVIL TERM CERTIFICATE OF SERVICE I, Robert Lascher , Certified Legal Intern, Family Law Clinic, hereby certify that I served true and correct copies ofthe Praecipe to Transmit Record and Divorce Information Sheet on Clyde Niblack, residing at 507 Factory Street, Carlisle, P A, 17013, by depositing copies of the same in the United States mail, first class, postage prepaid. Service was complete upon mailing pursuant to Pa R.C.P. 440(b) on the 10th day of January, 2006. ~'X~ Robert Lascher Certified Legal Intern Jl /J -WV/l Lucy J "ton-Walsh Thomas M. Place Robert E. Rains Anne MacDonald-Fox Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 c;:;. r- , '. ~ c..) t:.1 ~\'1 :::1 ::2: ",Of ;.j;;t; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . :Ii:!';t;;t; ;t;;f.:Ii;t; ~:Ii~:+;~~:Ii;t;~;t;;t;'f;t;;t;:+;~~ . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , . . . . . . . . . , . . . , . . , , . . , . . . . . . . , . . . . . . . . . . . . . . . . , . . . . . . . , . , , . ;t;""'f'f'f+~'f~;t;'f+++~+"'++;t;+? :ti:+;;t;:Ii:+;t; 'f.:Ii:li '" 'to 'to;t;:+.;t;;+,;t;:Ii:f.;t; 'f. . .. . .. . . .. . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. C:;TS/I NTRL/lt:K. No. 5751 2005 Pl."::Jintiff VERSUS rTVDp. NTRTnr.K. Defendant DECREE IN DIVORCE J"'''\J6.''',/ 'l...1-l 1,{)C" . IT IS ORDERED AND . , . , . . . . . . , . , . , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . . . , , . . . . "'+ '" '4' '4' AND NOW, DECREED THAT GISA NIBLACK . PLAINTIFF, AND CLYDE NIBLACK , 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; NnNR PROTHONOTARY +:Ii'f'+':Ii:t''f'f+'f:t'+:t' .. .. .. , +:t':t''f++:t'++ :+' '4' +:t' .. . .. . .. J, :e(-P j: :3L: {Y) ,) Ult' CO. . ~ -7 7' '7'rJ' "~Jt7 '2:J' k ./ '.7 ;;:;f;Z fi!/~ !t;;:,p./V ,,/0' h C", / . .. .' ~ , ':.~ ~>.