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HomeMy WebLinkAbout02-1249CORINE C. NICEWICZ, Plaintiff Vo CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. l0 ,~,' / ,2. q ~ CIVIL TERM : IN DIVORCE 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 will Proceed without you and a decree of divorce or annulment may 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 at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 CORINE C. NICEWICZ, Plaintiff Vo CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW NO. ~ - [c~/~ 9 CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCI~ o o Plaintiff is Corine C. Nicewicz, an adult individual currently residing at 1421 Pheasant Drive South, Carlisle, Cumberland County, Pennsylvania. Defendant is Christopher Nicewicz, an adult individual currently residing at 1421 Pheasant Drive South, Carlisle, Cumberland County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on August 29, 1989, in Hershey, Dauphin County, Pennsylvania. There have been no other prior actions for divome or annulment between the parties, except for a Divorce Complaint previously filed by Plaintiff docketed to No. 2000- 1731 in the Court of Common Pleas of Cumberland County, Pennsylvania, which was withdrawn by Plaintiff on December 13,2001. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the fight to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (6). Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. CORINE C. NICEWICZ, Plaintiff CORINE C. NICEWICZ, Plaintiff V CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 1249 CIVIL TERM ; ; : IN DIVORCE To the Prothonotary: PRAECIPE Please enter the appearance of Hubert X. Gilroy, Esquire as attorney for Defendant, Christopher Nicewicz in the above matter. On behalf of the Defendant, I hereby accept service of the Divorce Complaint filed, service being accomplished on March 20, 2002. Respectfully submitted, --~~ ulre 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 CORINE C. NICEWICZ, Plaintiff Vo CHRISTOPHER NICEWICZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1249 CIVIL TERM IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of Corine Marie-Claude Chattier. CORINE CHARRIER NICEWICZ CORINE MARIE-CLAUDE CHARRIER COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF 6'~ ~' ~ ~t l~( o~,d : On this 15 day of ~J~/~ ~b~4'' , 2002, before me, the undersigned officer, personally appeared Corine Charrier Nicewicz, now known as Corine Marie-Claude Charrier, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Se~l ~ J. Lehman, Notary Pul~llc Cadlale Bom, Cumbedancl County_ _ Commission Expires Aug. 25, 2003 CORINE C. (NICEWICZ) CHARRIER, Plaintiff CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : : NO. 02-1249 CIVIL TERM : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: This is notice that the Plaintiff has filed a Notice to Retake Former Name of Corine Marie-Claude Charrier; therefore, please change the caption !in this matter to reflect Plaintiff's name change. Respectfully submitted, Date: ~ Esquire W---~Ft~ol~ for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 170113 (717) 243-5551 (800) 347-5552 CORINE M. C. CHARRIER, Plaintiff CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1249 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under §3301 (c) of the Divorce Code was filed on March 13, 2002, and served on March 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divome after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. CHRISTOPHER NICEWICZ, Defendant CORINE M. C. CHARRIER, Plaintiff CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1249 CIVIL TERM : IN DIVORCE _WAIVER OF NOTICE OF INTENTION TO REQUESI' THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 THE FOREGOING 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. ~HRIsTOP~)R NICEWICZ, Defendant COR1NE M. C. CHARRIER, Plaintiff CHRISTOPHER NICEWICZ, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1249 CIVILTERM : IN DIVORCE CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between CORINE M. C. CHARRIER, (hereinal~ter referred to as "Mother") and CHRISTOPHER NICEWICZ, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two children, namely, Sabastian Nicewicz, born March 29, 1993, and Thomas Nicewicz, bom September 18, 1997, (hereinafter referred to as Children ); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother shall have primary physical and legal custody of the children. Father shall be entitled to periods of partial custody or visitation with the children as the parties may agree, with the understanding that such agreement will be placed in writing with Mother's signature to confirm the arrangements for visitation or partial custody, prior to such visitation or partial custody periods occurring. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made irt writing, and only if executed with the same formality as this Stipulation and Agreement. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children has resided for their entire life in Cumberland County, Pennsylvania. The parties stipulate that in making this Agreemtent, there has been no fraud, concealment, overreaching, coercion, or other unthir dealing on the part of the other party. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 1N WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: CORINE M. C. CHARRIER Date CHRISTOPHER NICEWICZ Date COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cl, mberta -d On this /(p"/Z~ day of ~l~brMarc~ before me, the undersigned officer, personally appeared CORINE M. C. CHARRIER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ]~qotary P~licq~' COUNTY OF Onthis q% day , ,'),001:1, before me, the undersigned officer, personally appeared CHRISTOPHER NICEWICZ, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L~ MY APPT. EXPIRES MAy 8, 2006 CORINE M. C. CHARRIER, Plaintiff CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1249 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March 13, 2002, and served on March 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: CORINE M. C. CHARRIER, Plaintiff COR1NE M. C. CHARRIER, Plaintiff CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1249 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divome 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 THE FOREGOING 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. COR1NE I~. C. C~aintiff CORINE M. C. CHARRIER, Plaintiff CHRISTOPHER NICEWICZ, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 02-1249 IN DIVORCE CIVIL TERM ORDER OF COURT AND NOW this ~[~.)k day of_ k.. &IM.U.&A.IA.. _, 200,3, upon presentation and consideration of the within Custody Stipulation and Agreement, said Custody Stipulation and Agreement is hereby made an Order of Court. BY TH~ Cc; Bradley L. Griffie, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire, Attorney for Defendant CORINE M.C. CHARRIER, Plaintiff CHRISTOPHER NICEWICZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-1249 CIVIL TERM : IN DIVORCE _PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by acceptance of service on March 20, 2002. 3. Complete either paragraph (a) or (b). (a) Date °f executi°n °f the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: February 16, 2004 by Defendant: January 28, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: February 17, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was flied with the Prothonotary: February 13, 2004 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. CORINE M.C. CHARRIER, Plaintiff VERSUS CHRISTOPHER NICEWICZf Defendant No. 02-1249 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT Corine M.C. Charrier , PLAINTIFF, AND Christopher Nicewicz ,DEFENDANT, ARE DIVORCED FROM THE SONDS 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; ATTEST: PROTHONOTARY