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HomeMy WebLinkAbout06-0160DANIELLE B. BOWLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. TIMOTHY W. BOWLING, CIVIL ACTION - LAW 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 of other rights important to you, including the 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 at the Office of the Prothonotary. 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 DANIELLE B. BOWLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OIo - IlaC? ?l0vLC-FK17-? TIMOTHY W. BOWLING, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Danielle B. Bowling, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Danielle B. Bowling (SS# 207-58-7627), an adult individual, currently residing at 11 Highland Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Timothy W. Bowling (SS# 205-44-0506), an adult individual, currently residing at 209 51h Street, Apt. B, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on August 10, 2004, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part thereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. In the alternative, Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count II - Equitable Distribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as if set forth at length. 12. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III - Alimony Pendent Lite and Permanent Alimony 13. The allegations in Paragraph 1 through 12 are incorporated herein by reference and made a part hereof. 14. Plaintiff is unable to sustain herself during the course of this litigation. 15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 16. Plaintiff requests this Honorable Court to enter an award of alimony pendente lite and/or alimony in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. Count IV- Counsel Fees, Expenses and Costs of Suit 17. The allegations of Paragraphs 1 through 16 are incorporated herein by reference and made a part hereof. 18. Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 19. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 20. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 21. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. RESPECTFULLY SUBMITTED, Charles Rector, squire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 Date: l D I verify that the statements made herein 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. (\ 3. 1' ?n Danielle B. Bowling Date: ) T D IC V1 O D .? w W ? ?I I frn r. V Curtis R. Long Prothonotary office of the vrotbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor - j CVIL TERM -61 ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573