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HomeMy WebLinkAbout08-1376W b ORIGINAL Elizabeth A. Holland IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO.08- I "J7 ( CIVIL TERM Robert A. Holland 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 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, 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 r~ • Elizabeth A. Holland Plaintiff V. Robert A. Holland Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 08- /5 74 CIVIL TERM IN DIVORCE COMPLAINT UNDER §3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is F?_izc. e A 14o I I&n d , who currently resides at ?n o2 ; Al,, .5 TP? o? S 6P 12,Pn 5 [..RoR t 7ck 5 7 , Cumberland County, Pennsylvania. 2. Defendant is RAeal A He l ?an d , who currently resides at q61 S I'm V,50,N 51 I A A e cko n `, c s L txQ o, PA / 705 (> 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on y- 05 - 0 9 at e 5. The marriage is irretrievably broken, and the parties separated on 6-r)j- Dy 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. .' LL 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Date Plaintiff, Pro Se I, FLA-L Q-4\ A Ho 116A, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. a-a7-101o08 Date: an Plaintiff, Pro Se Assisted by: Diane Radcliff, Esq. Law Firm of Diane Radcliff 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 rm.?. Cam? OD C ORIGINAL Elizabeth A. Holland IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 08- CIVIL TERM Robert A. Holland Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Elizabeth A. Holland, Plaintiff, to proceed in forma au eris. I, Diane Radcliff, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Law Firm of Diane Radcliff 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 J Vi I Fri 0 i '.: SAL ORMINAL Elizabeth A. Holland IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 08-1`6 ?? CIVIL TERM Robert A. Holland Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER §3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on 6 - 0 l - Qt/ and continued to live separate and apart for a period of two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of marital property, lawyer's fees, or expenses if I do not claim them before a Divorce is granted. I, A Ho d AnJ , verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 P.S. Section 4904. '2- a7- CJs 0, 14AJ Date P 'ntiff, Pro Se ik 1NIoIt10 C,) r_, ? ?f ELIZABETH A. HOLLAND IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1376 CIVIL TERM ROBERT A. HOLLAND IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that on March 11, 2008, 1 served a true and correct copy of the Complaint in Divorce and Plaintiff's 3301(d) Affidavit upon David M. Crawford, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Robert A. Holland 401 Simpson Street Mechanicsburg, PA 17050 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff 1.1 ¦ 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 halipiece, or on the front if space permits. 1. Article Addressed to: ?20berf # 1?o LC?+r?d ?imP570.-1 t101 157. f'recr??csbu `? /1? 1705-0 A. 13 Agent X 13 Addressee B. R by I C. Date pfpelivery D. Is delivery address different from ftem 1? ? Yes If YES, enter delivery address below: 13 No 3. Service Type >kOwtifled Mail ? Express Mail O Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. WWOV? am m 1, Yes 2. AWeNumber 7007 0710 0003 9223 9158 (1?aneler nom m aav+ce &W PS Form 3811, February 2004 Donwwtic Return Receipt 102596.02-M-1 sw EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD C r.a FIJI ELIZABETH A. HOLLAND Plaintiff V. ROBERT A. HOLLAND Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1376 CIVIL TERM : IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania County of Cumberland Before me, the undersigned Notary Public, personally appeared Robert A. Holland, Defendant in the above entitled case, who being duly sworn or affirmed according to law, deposes and says that the I am not in the military service of the United States of America or any of its allies. ROBERT A. HOCEAND Sworn to and subscribed before me this 4 day of , 20 NOTARY PUBLIC NOTARIAL SEAL BARBARA L TOME Notary PubUC CAMP HLL BOROUGH, CUNBERIAND COUVIY My Cara MW SOW Nov 4, 2009 c ?a ? o t.? x. w ELIZABETH A. HOLLAND Plaintiff Y. ROBERT A. HO LAND Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1376 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that: On April 9, 2008, 1 served a true and correct copy of the 33010 Notice of Intentio to Re guest Entry of Divorce Decree and 3301 d Counter-Affidavit upon th person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Robert A. Holland 4735 Delbrook Road Apt. 1 Mechanicsburg, PA 17055 stration No 32112) 3448 Trindle Ro a - Camp Hill, PA 1 1 1 0 Email: dianerad cliff comcast.net Phone: (717) 73 -0100 Fax: (717) 975- 697 Counsel for Plai tiff, Elizabeth A. Holland Dated: ADril 9, 2008 r Cps a'? 7a a ELIZABETH A. HOLLAND Plaintiff V. ROBERT A. HOLLAND Defendant TO THE PROTHONOTARY: : IN THE COURT OF : CUMBERLAND COU NO. 08-1376 CIVIL IN DIVORCE PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: March 3, 2008 b. Manner of Service of Complaint: Certified Mail/Restricted C. Date of Service of Complaint: March 11, 2008 MON PLEAS OF , PENNSYLVANIA For entry of a divorce decree: 3. DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT PON THE DEFENDANT: a. Date of Execution: 2/27/2008 b. Date of Filing: 3/3/2008 C. Date of Service: 3/11/2008 4. RELATED CLAIMS PENDING: No issues have been raised in this case, and there are no issues 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO F11 RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE 3301 (D)(1)(1) OF THE DIVORCE CODE: a. Date of Service: April 9, 2008 b. Manner of Service: First Class PfAhtf-f'. CLIFF, ESC n e Road Camp Hill, PA 17011 Supreme Court ID # 321 Phone: (717) 737-0100 E PRAECIPE TO TRANSMIT ENTERED UNDER SECTION RE 12 DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net April 9, 2008 Robert A. Holland 4735 Delbrook Road Apt. 1 Mechanicsburg, PA 17055 Re: Elizabeth A. Holland vs. Robert A. Holland Cumberland County Divorce No. 08-1376 Dear Mr. Holland: F E CORY 1 am enclosing with this letter the Revised Notice of Intention to Req est Entry of 3301(d) Divorce Decree and Counter-Affidavit under Section 3301(d) pertaining to the above referenced divorce action. Please note that if you do not file an a swer to the divorce complaint or counter-affidavit by April 30, 2008, a divorce decree w It be entered by the Court. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosure: Notice of Intent Counter-Affidavit cc: File No. 27-08-D-LS Transmission by mail ELIZABETH A. HOLLAND Plaintiff V. ROBERT A. HOLLAND Defendant REVIS TO: ROBERT A. HOLLAND, DEFENDANT IN THE COURT OF?COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1376 CIVIL TERM IN DIVORCE ENTRY OF 3301 (d) DI You have been sued in an action for divorce. You have failed to a a counter-affidavit to the 3301(d) affidavit. Therefore, on or after Apr can request the court to enter a final decree in divorce. swer the complaint or file 30, 2008, the other party 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 ente a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the cour 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 will lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. The filing of the form counter-affi avit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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 O NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Attorney for Plaintiff r? ELIZABETH A. HOLLAND Plaintiff V. ROBERT A. HOLLAND Defendant ER- IN THE COURT OF JCOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1376 CIVIL TERM IN DIVORCE R SECTION 3301(d) 1. 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: [ ] (ii) The parties to this action have not lived sepa ate and apart for a period of at least two years. 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 fil all of my economic claims with the Prothonotary in writing and serve them on the other party. If I it to do so before the date set forth on the Notice of Intention 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. Section 4904 relating to unsworn falsification to authorities. Date: Robert A. Holland, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE ECREE AND YOU DO NOT WISH ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THI COUNTER-AFFIDAVIT. C C= "- €n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 08-1 X76 TVTL TERM VERSUS ROBERT A. HOLLAND, Defendant DECREE IN DIVORCE AND NOW,n IT IS ORDERED AND DECREED THAT ELIZABETH A HOLLAND , PLAINTIFF, AND ROBERT A. HOLLAND 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; No issues have been raised in this case, and no issues are outstanding. BY THE COURT: ATTE J. F PROTHONOTARY ?p s ?R ¢ $ a aa.