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HomeMy WebLinkAbout97-00863 ROSEMARIE C. HOLLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. .i'/ Ji ~ fit, (/1,.. JOHN HOLLAND, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CUSTODY 1. Plaintiff Is ROSEMARIE C. HOLLAND, an adult Individual whose current mailing address Is 305 Hertzler Road, Mechanlcsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is JOHN HOLLAND, an adult Individual whose current mailing address Is 305 Hertzler Road, Mechanlcsburg, Cumberland County, Pennsylvania 17055. 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 September 23, 1984 in Lackawana County, Pennsylvania. COUNT I 5. The averments of Paragraphs 1 through 4 ara incorporated herain in full. 6. There has been no prior action for divorce or annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services. 9. Plaintiff avers that the ground on which the action is based is irretrievable breakdown of the marriage. WHEREFORE, Plaintiff requests the court to enter a Decree in Divorce dissolving the marriage between the parties pursuant to Section 3301(c) of the Divorce Code of 1980, as amended. " z ~ ~d~ ~ ~ ~IU I ~ :t ,.;: ~ Zu _ .... ~-s Cl~!l e1 ::J a; -. !:i :.: . . :' . . . . . . . , . -: . '. " . v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 97.863 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE AND CUSTODY ROSEMARIE C. HOLLAND, Plaintiff JOHN HOLLAND, Plaintiff CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the Plaintiffs Answer to Defendant's Counterclaim was sent to the following person by certified mail, postage prepaid: John Holland, Esquire 305 Hertzler Road Mechanicsburg, PA 17055 beth A, Ho man, At mey for Plaintiff Supreme CI. ID #71000 2201 North Second Street Harrisburg, PA 17110 717.236-2956 i~/17 ",. '" t: <. I t~; " , 'JJ <. , , ~.: j lr\ no, C."I l.'"" l!. ,) r:1j ,. I.;. i ... . " r: 1.J " '8 \!; Z N i~l~~ 'I o ~ 1/_N :I: _ j <;:: ~ i ~ i~ I ~<o~:b I N '" N N ~ ~ !:: . 13. Paragraph 13 is admitted. 14. Paragraph 14 is admitted. 15. Paragraph 15 is admitted in part that the Plaintiff has for certain periods served as the child's primary caretaker and generally tends to scheduling doctor and dentist visits. Paragraph 15 is admitted further in part that Plaintiff generally tends to oversee the child's nutritional needs and that Defendant's job requires his being out of town. Paragraph 15 is denied in part to the extent that it states a legal conclusion to which no answer is required. To the extent that an answer is required, paragraph 15 is denied that the best interests of the child will be served by granting primary physical custody to the Plaintiff. WHEREFORE, The Defendant, John Holland, requests that the Court grant shared, legal and physical custody to the Defendant. COUNTERCLAIM COUNT III - CUSTODY 16. Paragraphs 1 through 15 are incorporated herein by reference as though set forth in full. 17. Defendant, since the birth of his child has served a significant role as care-giver of the child, and tended to his physical care, emotional, psychological, spiritual and educational needs and well-being. 18. Defendant has provided and continues to provide significant financial contribution to support his child since his birth. 19. Defendant, for the first two years of his child's life served as primary care-giver of his child's needs. 20. The bests interest and welfare of the child would best be served by granting shared, legal and physical custody to the Defendant. 21. The paramount interest of the child would best be served by the continuity, stability and security of hi~ needs and well-being nourished and nurtured by his close relationship with his father. WHEREFORE, Defendant requests this Honorable Court to grant shared, legal and physical custody of the child to the Defendant. 17108-1513 CERTIFICATE OF SERVICE Tn~ undersigned hereby cercifles that on this 7th day of April, 1997, a true and correct copy of the foregoing Answer and Counterclaim was mailed by United States Certified Mail, Return Receipt Requested, postage prepaid to the following; Elizabeth A. Hoffman, Esquire Attorney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 J. Holl nd, P. O. Box 11 13 H rrisburg, PA 17108-1513 (717) 774-2331 .... ,,) '-:: l't; c'"' " ---, ,-- .. ':~ r' - ~<' ,', tf.l ' 4';' l? "~ , ::j 9c, - ,-. . ,:I) 17." , '.' '1" I ....- , r,. .,'''0 L~' L. .,~ (, -..:. 1.'. r- :J U C7' U