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Home My WebLink About02-1336DAVID E. NICOLLS, Plaintiff Vo SHARON L. NICOLLS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-/~3~ CIVIL TERM : CIVIL ACTION - LAW : 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 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 Prothonotary's Office at the 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 DAVID E. NICOLLS, Plaintiff SHARON L. NICOLLS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 13~(~a CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, David E. Nicolls, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, David E. Nicolls, is an adult individual who currently resides at 154 Springfield Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Sharon L. Nicolls, is an adult individual who currently resides at at 154 Springfield Road, Shippensburg, Ctunberland County, Pennsylvania 17257. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 1, 1991 in Humbolt County, Califomia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the-United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right 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. WHEREFORE, the Plaintiff, David E. Nicolls, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301 (c) or 3301 (d) of the Divorce Code. Date: March 18, 2002 Respectfully submitted, -3~homas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. ~DAVI]~. NICOLLS, Plaintiff DAVID E. NICOLLS, Plaintiff SHARON L. NICOLLS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- J~*~' CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, SHARON L. NICOLLS, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce in full satisfaction of the Pennsylvania Rules of Civil Procedure. Sharon L. Nicolls, Defendant DAVID 1!. Plaintiff SIIAR()N l,. NICOL1,S, Defendant ,"HL : IN TIqP: COl;RT OF COMMt)N PI,F;AS (IF : CUMBERLAND COIJN I'Y. PFNNSYI.VANIA : NO. 2002-1336 CIVIL t't~RM : : CIVIL ACTION - I,AW : IN- DIVORCFi AFFIDAVIT OF CONSENT 18, 2002. A complaint in di'~orcc under §3301(c) oflhe Divorce Code was liled on March The man'iage of the Plaintiff and Defendant: is rretrievabl? broken and ninety days hax e elapscd from the date of filing m~d service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice o1' intention to request entry of the Decree. 1 xerit? that the statements made in this affidavil are true and correct I Lmderstand that false statcments hcrcin are made subiect to the penalties of 18 Pa.( ~ 4909 relating to unsxxorn thlsification to authorities. JUN 2 1 2002 Date: WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVOR(E DECREE UNDER §3301(e) OF THE DIVORCE CODE 1. 1 consent to the entry of a Final Decree in Divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of propcrt}. lawyer's l~es or expenses if I do not claim them before a divorce is granted. 3 I understand that I will nol be diw)rced until a Divorce Decree is entered by thc Court and a copy of the Decree will be sent to me immediately after it is filed ,M~h the Prothonotaor. I veril3, that the statements made in this affidavit are true and correct. [ understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to m~sworn lhlsification to authorities. ' fl ,~ JUN 2 1 2002 DAVI~ NICOLLS, plaintiff ~ I)AVll) E. NICOLI,S, Plaintiff StI.,\R()N I_ NICOLLS. Defendant 240-O893 · IN THE COURT OF COMMON PLEAS O1: : CUMBERLAND COUNTY, PENNSYI,VANIA 'NO. 2002-1336 CIVIL TI.iRM CIVIL ACTION - IAW 1N DIVORCE AFFIDAVIT OF CONSENT 18, 20t}2. ,4. complaint in divorce under §3301(c) of the Divorce Codc was filccl on March 2. The marriage of thc Plaintiff and Defendant is irretriexrably broken and ninet3 (O0) daxs haxc elapsed fi'om thc date of tiling and service of the Complaint. ,3. I consent to the entry of a Final Decree of l)ivorce after service of notice of intcnlion to request entry of the [ ecree. I vcril} that the statcments made in this affidavit are true and correct. I understand that l~flsc statements herein are made subject to the penalties of 18 Pa.C.S. 5 4909 relating to unsx~orn lk~lsillcation lo authorities. Date: ' Z~D~,[.i}:': ,'% ~ ( ,¢.~ -, WAIVER OF NOTICE OF INTENTION TO REQUEST 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. 1 understand that I may lose rights concerning alimony, division of property, laxwer's l~es or expenses itl do not claim them before a divorce is grant~d. I understand that I x~ill not be divorced until a Divorce Decree is entered by the Court and a copy of the Decrce will be sent to me immediately after it is fi]ed ,~ith thc Protlnonotary. [ ~rcrify that the statements made in this affidavit are true and correcl. I understand that false statcments herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom lhlsification to authorities. ~HARON L. NICOLLS, Defendant DAVID E. NICOLLS, Plaintiff SHARON L. NICOLLS, Defendant OHE TEL~P~OHE 20O 17) : IN THE COURT OF COMMON PI,EAS OF : CUMBERLAND COUNFY, PENNSYI,VAN1A : : NO. 2002-1336 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO TIlE PROTIIONOTARY: Transmit the record, togcther with the lbllowing information, to the Court for entry of a divorce decree: 1. (}round lbr divorce: irretrievable breakdown under § 3301(c) ~ of tile Divorce (?ode. (gtrik¢ out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on March 18, 2t}02 by an Affidavit o Acceptance el Service signed by the Defendant. Code: Code: 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by .~ 3301(c) of tile Divorce by the Plaintiff: June 21, 2002; by the Defendant: June 21, 2002. (b) ( 1 ) Date of execution of the Plaintiff's Affidavit required by § 3301 (d) o f the Divorce (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None 5. (Complete either (a) or (b); (a) Date and mmmer of service of the Notice of Intention to File Praecipe to Transmit Record. and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce l)ccrce as required by § 3301(c) of the Divorce Code: by the Plaintiff: June 21, 2002; by tile Defendant: June 21, 2002. Date: Juz~e 21,2002 ~, ~ ,~-"~-,.-,-;>;,"~ -~ .... -- omas a. uleni, t:squlre Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF DAVID E. NICOLLS, Plaintiff VERSUS SHARON L. NICOLLS, Defendant PENNA. No. 2002-1336 DECREE IN DIVORCE AND NOW ~'"Uq ~__ 26 DAVID E. NICOLLS DECREED THAT AND SHARON I. NICOLLS ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2OO~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; NONE. BY ThE COURT: ATTE~]/: ' - ' j. ~PROTHONOTARY