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HomeMy WebLinkAbout08-5683LARRY E. BOLLINGER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ©?` ?lO CIVIL TERM CIVIL ACTION - LAW SYLVIA BOLLINGER, Defendant IN DIVORCE NOTICE TO DEFEND 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, )FLOWER & LINDSAY ATIORNM?AMAW 26 West High Street Carlisle, PA "N &A4 -"- Mary u tas, E 4A Attorne 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff LARRY E. BOLLINGER, SR., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0y 5-6 7J CIVIL TERM CIVIL ACTION - LAW SYLVIA BOLLINGER, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Larry E. Bollinger, Sr., an adult individual currently residing at 53 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Defendant is Sylvia Bollinger, an adult individual currently residing at, 53 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 26, 2004 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the SAIDIS, FLOWER & LINDSAY ATTOWW&AMAW 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that he has the right to request 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 service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY -.10 la2 A Cal Idw a tas, Esq Attorney 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: VZ +1Ub Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY .crrort%"Vs-A+r uw 26 West High Street Carlisle, PA LARRY E. BOLLINGER, SR., Plaintiff v SYLVIA BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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. §4904, relating to unsworn falsifications to authorities. F 9% ?/O $ LARR E. BOLLING R, SR. Date: SAIDIS, Fi IVM & LIlVDS" ?:>ww 26 West High Street Carlisle, PA lk) C) C: co Lo KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 abeam@kopelaw.com LARRY E. BOLLINGER, SR., Plaintiff, V. SYLVIA BOLLINGER, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5683 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lesley J. Beam, Esq, of Kope & Associates, LLC at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Defendant, Sylvia Bollinger, in connection with the above-captioned divorce action. Respectfully Submitted, 19 Le le J. eam, Esquire ID 1175 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Date: t0 (8 1/0 $(717) 761-7573 ?. 4V1*' y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5683 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 31St day of October, KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0kopelaw.com Attorney for Defendant LARRY E. BOLLINGER, SR., Plaintiff, V. SYLVIA BOLLINGER, Defendant. 2008, 1 served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 KOPE & ASSOCIA By: V$leyearh, Esq. I.D. 91 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 r? P14 o 0 Tr `7'r Q F r - cn -?-rr7 "P i LARRY E. BOLLINGER, SR., Plaintiff, V. SYLVIA BOLLINGER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5683 CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 Counterclaimant. 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 Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. 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, 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 OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 LARRY E. BOLLINGER, SR., Plaintiff, V. SYLVIA BOLLINGER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5683 CIVIL ACTION -LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED PLAINTIFF: An Answer and Counterclaim has been filed by the within-named Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Defendant LARRY E. BOLLINGER, SR., Plaintiff, V. SYLVIA BOLLINGER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5683 CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM IN DIVORCE AND NOW comes the above-named Defendant, SYLVIA BOLLINGER, by and through her attorney, LESLEY J. BEAM, ESQUIRE, and makes the following Answer and Counterclaim in Divorce: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without knowledge or ability to admit or deny any communications between Plaintiff and his counsel. 8. Admitted. 9. Denied. Defendant does not believe that the parties' marriage is irretrievably broken. 10. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. COUNTERCLAIM 11. The prior paragraphs of this Answer and Counterclaim are incorporated by reference as though fully set forth herein 12. Defendant has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 13. The prior paragraphs of this Answer and Counterclaim are incorporated by reference as though fully set forth herein. 14. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 15. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 16. Defendant requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Defendant respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT II ALIMONY 17. The prior paragraphs of this Answer and Counterclaim are incorporated by reference as though fully set forth herein. 18. Defendant is unable to adequately support herself through appropriate employment; i.e., Defendant does not have the means through her own earning capacity to maintain a reasonable standard of living, nor the standard the parties established during the marriage. 19. Defendant 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. 20. While Plaintiff is retired, Plaintiff receives substantial assets from a pension and income from retirement assets from which he is able to contribute to the support and maintenance of Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant respectfully requests that the Court enter an Order awarding Defendant alimony from Plaintiff in such sums as are reasonable and adequate to support and maintain Defendant. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 21. The prior paragraphs of this Answer and Counterclaim are incorporated by reference as though fully set forth herein. 22. By reason of the institution of the action to the above term and number, Defendant 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. 23. Plaintiff's income is disproportionately higher than Defendant's income, and Defendant is without adequate income to pay the costs and expenses of this litigation, and is, likewise, without adequate income to maintain her during the litigation. WHEREFORE, Defendant respectfully requests that the Court grant an order upon Plaintiff compelling Plaintiff to pay Defendant alimony pendente lite, counsel fees and costs of litigation. Respectfully Submitted, ASS9bCIATES, LLC vv v ? ?-Av_ Dated: Lesl . B am, Esq. VERIFICATION I, Sylvia Bollinger, the Defendant in this matter, have read the foregoing Answer and Counterclaim. I verify that my averments in this Answer and Counterclaim are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: hL- pct,, ` Sylvi Bollinger KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LARRY E. BOLLINGER, SR., Plaintiff, V. SYLVIA BOLLINGER, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5683 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on this 3rd day of November 2008, 1 served a true and correct copy of the foregoing Answer with Counterclaim via regular U.S. First Class mail, postage prepaid, addressed as follows: Marylou Matas, Esquire Saidis, Flower & Lindsey 26 West High Street Carlisle, PA 17013 KOPE & ASSOCIATES, LLC r Juli Wehnert Paralegal h "?' z ? ?' ? -p ? ; t3 ? ` t` ? ' a ?,p' Q ?, i"5 ? ? ?' w ???, :?? tv '~?, c? ._.? FLOWER & LINDSAY xt:uw 26 West High Street Carlisle, PA LARRY E. BOLLINGER, SR., Plaintiff V. SYLVIA BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5683 CIVIL ACTION -LAW IN DIVORCE JOINT STIPULATION AND PRAECIPE TO DISCONTINUE AND NOW come Plaintiff, Larry E. Bollinger, Sr., and Defendant, Sylvia Bollinger, and file the following Joint Stipulation and Praecipe to Discontinue averring as follows: 1. Plaintiff commenced the above-captioned divorce action against Defendant on September 26, 2008 at Civil Action No. 08-5683. 2. Defendant filed an Answer and Counterclaim to Plaintiff's Complaint on November 13, 2008 to the same action number. 3. The parties to this action have determined to discontinue the divorce action, and continue in their marriage. 4. The parties to this action seek discontinuance of Plaintiff's Complaint and Defendant's Counterclaim against the Plaintiff. WHEREFORE, Plaintiff and Defendant request that the Prothonotary please enter the Plaintiffs voluntary discontinuance of the within action pursuant to Pennsylvania Rule of Civil Procedure 229, and Defendant's voluntary discontinuance of the within action pursuant to Pennsylvania Rules of Civil Procedure 229. So stipulated this day of 2009. 7 By. , Ma tas, Es ire Larry E. Bollinger, r., Plaintiff Attorn laintiff By X" ZJ esle . eam, Esquire Attorney for Defendant Sylvia ollinger, Defenda t JAN 7 ZOOD V VVV yyiii?...SSS777?1r ft.y ? ?+ly.? r? l \