Loading...
HomeMy WebLinkAbout02-5962MARGARET O'NEAL, Plaintiff VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH MICHAEL BOWLING, Defendant : 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 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, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT WISH TO FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GP~ANTED, 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 HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE 4TM FLOOR CARLISLE, PA 17013 (717) 240-6200 MARGARET O'NEAL, Plaintiff VS JOSEPH MICHAEL BOWLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAi~D COUNTY, PENNSYLVAi~IA CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFF~AN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff COUNT I DIVORCE is Margaret O'Neal, who currently resides at P.O. Box 332, Boiling Springs, 17007, since October 12, 2000. Number is 227-68-1806. 2. Defendant is Joseph Michael Bowling, resides at 425 Hillside Road, New Cumberland, Pennsylvania 17070, since October 12, 2000. Cumberland County, Pennsylvania Plaintiff's Social Security who currently Cumberland County, Defendant's Social Security Number is 279-38-0203. Plaintiff has been a bona fide resident in the immediately previous Commonwealth for at least six months to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 30, 1969, in James City County, Virginia. 5. The Plaintiff and Defendant have lived separate and apart since July 19, 2000. 6. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. The Defendant is not a member of the Armed Services of the United States or any of its allies. 10. The Plaintiff and Defendant are both citizens of the there are no children of the Plaintiff prays your Honorable Court to from the bonds of matrimony. United States. 11. Plaintiff avers that parties under the age of 18. WHEREFORE, the a Decree in Divorce enter CO%~NT II ALIMONY 12. Paragraphs one through eleven are hereby incorporated by reference herein. 13. Plaintiff is unable to adequately support herself through appropriate employment. 14. Plaintiff lacks sufficient property, including but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant: (a) Compelling the Defendant to pay alimony to Plaintiff; COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 15. Paragraphs one through eleven are hereby incorporated by reference herein. 16. That by reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. That the Plaintiff's income is disproportionately lower 17. income, and Plaintiff is without and expenses of this litigation, likewise, without adequate funds to maintain herself pendency of the litigation. than Defendant's to pay the costs adequate funds and is, during the 18. Nursery Association and earns approximately $40,000 gross annually. 19. The Defendant was employed at Synergistech, Inc. and earned approximately $99,000 gross annually; however, Defendant is current laid off. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant to pay Plaintiff alimony pendente lite and counsel fees and costs of litigation. The Plaintiff is employed at Pennsylvania Landscape and 20. reference herein. 21. various subject COUNT IV EQUITABLE DISTRIBUTION Paragraphs one through eleven are hereby incorporated by Plaintiff states that Plaintiff and Defendant possess items of both real and personal marital property which is to equitable distribution by the court. 22. distribution. WHEREFORE, (a) Plaintiff requests that this court grant equitable (b) Plaintiff prays that Your Honorable Court: Equitably distribute all property, personal and real owned by the parties; Grant such further relief as the Court may deem equitable and just. Respectfully submitted, ? Lori ~[ ~rr~tell~, Esquire SERR~TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION I in Divorce are true and correct. I understand that statements herein are made subject to the penalties C.S. Section 4904, relating to unsworn falsification to authorities. verify that the statement made in the foregoing Complaint false Date: ~- ~- 02- of 18 Pa. MARGARET O'NEAL, Plaintiff VS JOSEPH MICHAEL BOWLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on or about July 19, 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorney's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE M3tDE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: Margare~e 0~1