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HomeMy WebLinkAbout05-3335AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JAY B. HOLLAND, : NO. ©'- 33 s CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Amy J. Holland, an adult individual currently residing at 34 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Jay B. Holland, an adult individual currently residing at 313 Zion Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 14, 1991, in Marion County, California. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 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. 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. 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 your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. The parties have been living separate and apart since May 18, 2003. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (d) of the Domestic Relation Code. COUNT III INDIGNITIES 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (6). COUNT IV EQUITABLE DISTRIBUTION 15. Paragraphs i through 14 are incorporated herein by reference as if set forth in their full text. 16. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 17. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 22. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, r Marylou as, Esquire Attorney oiPlaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unsworn falsifications to authorities. DATE: (D aR 0b A , y?<C AMY J. LAND, Plaintiff N O G w V n O C a i""? t.. T ? r.i m t .o A cr AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAY B. HOLLAND, : NO. OS'133ol CIVIL TERM Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Amy J. Holland, an adult individual currently residing at 34 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Jay B. Holland, an adult individual currently residing at 313 Zion Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three children, namely, Eric Charles Holland, born March 29, 1993, Aaron Bradley Holland, born February 23, 1995, and Kyle Alexander Holland, born January 16, 1997. The children were not born out of wedlock. 4. For the past five (5) years, the children have resided with the following persons at the following addresses for the following approximate periods of time: NAME ADDRESS DATES Amy J. Holland 34 Trine Avenue Mt. Holly Springs, PA February 2005 to Present Amy J. Holland 542A Criswell Drive February 2004 to Boiling Springs, PA December 2004 4 ? o ?? °Y- ? O C? ? ? : C j i? ? c o =+ ? ca N ? l v v W AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JAY B. HOLLAND, Defendant CIVIL ACTION - LAW NO. 05-3335 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Scott A. Stein, Esquire acknowledge that on or about •TV 4 /T' S received a copy of Plaintiff's Complaint for Divorce directed to Defendant, in the above captioned action and acknowledge that I am authorized to do so on behalf of Jay B. Holland. Date: 7 - 11 - C' Scott A. Stein, Esquire 2800 Market Street Camp Hill, PA 17011 N ' 1 ( ) r;- -Y: r , ??; -.,r ? C. ??-?' c-F?., .y., _ . ?n ? ? , A AMY J. HOLLAND, Petitioner V. JAY B. HOLLAND, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2005-3335 CIVIL TERM IN DIVORCE SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT Praecipe for Entry of Appearance To the Prothonotary: Enter my appearance on behalf of Amy J. Holland, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Robert J. Dailey, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 ! f Date: O?t A of ka,,& 20 08 Robert J. Praecipe for Withdrawal of Appearance To the Prothonotary: Withdrawal my appearance on behalf of Amy J. Holland, Plaintiff. Date: 2- ll of 2008 'J Z` ?L4,G lou Mat &;`' squire P C ra ?` -n ??Y- mac' ? ?? , ?. ? ,?; ;? ' ?-- c? `rr t ' cs? "? AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 05-3335 JAY B. HOLLAND, : CIVIL ACTION -LAW Defendant. : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c), 3301 (d) or 3301(a)(6) of the Divorce Code was filed on June 30, 2005 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this 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: /0A/ Lo &- ?' J B. LLAND, Defendant iT`1r, rti AMY J. HOLLAND, Plaintiff V. JAY B. HOLLAND, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 05-3335 : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)(d) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without Notice. 2. 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. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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 unworn falsification to authorities. Date: D L 5- J-'_o JA . OLLAND, Defendant tt- ? ?f ??I t-r?(,; _ t ? "? ... :;'f {? ? _ .,? * _ .?" "'^? ? ? AMY J. HOLLAND, Plaintiff V. JAY B. HOLLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3335 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 30, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 5. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this 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: I o2 , y Holland ?'`? ?' ? 4'} " 1 s 4`?} C`° y .,:7 . ; . r {S ? - S°" .. AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3335 CIVIL TERM JAY B. HOLLAND, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Scott Stein, Esquire signed an Acceptance of Service form on behalf of the Defendant on July 12, 2005. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on November 21, 2008; and Defendant on October 31, 2008. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER MicKa#l V ScKerbr, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 _.?? :,?? a _? ;., _ ; =, ': ?' .;?. ?, .? =; •. ? r IN THE COURT OF COMMON PLEAS OF AMY J. HOLLAND CUMBERLAND COUNTY, PENNSYLVANIA V. JAY B. HOLLAND NO. 2005-3335 CIVIL DIVORCE DECREE AND NOW, 7_o o5j , it is ordered and decreed that AMY J. HOLLAND , plaintiff, and JAY B. HOLLAND , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, -do Pro notary ' J9, t°/