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HomeMy WebLinkAbout02-3553CHRISTINA L. HOLLINGSWORTH, Plaintiff DANIEL A. HOLLINGSWORTH, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, ;PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 05- 355'3 c, 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 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: Office of the Prothonotary Cumberland County Court House I Courthouse Square 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 1S 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 (800) 990-9108 CHRISTINA L. HOLLINGSWORTH, Plaintiff DANIEL A. HOLLINGSWORTH, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, ;PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE :NO. COMPLAINT AND NOW comes the Plaintiff, Christina L. Hollingsworth, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Christina L. Hollingsworth, is an adult individual residing at 209 Enola Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Daniel A. Hollingsworth, is an adult individual residing at 709 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on September 2, 1995, in Harrisburg, Pennsylvania. 5. Plaintiff and Defendant separated on February 25, 2002. 6. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 9. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff's marriage to Defendant is irretrievably broken. l 1. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Christina L. Hollingsworth, respectfully requests the Court to enter a Decree of Divome. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 12. The averments contained in Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as though set forth in full. 2 13. Plaimiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaimiff, Christina L. Hollingsworth, respectfully requests the Court to divide all marital property equitably between the parties. of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, th S. l~eckle.~--~ T~as Pff,~l~ck~y ~ 3 VERIFICATION I, Christina L. Hollingsworth, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. C~tYna L. I~ollin~avorth CHRISTINA L. HOLLINGSWORTH, Plaintiff Vo DANIEL A. HOLLINGSWORTH, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE :NO. 2002-355.3 AFFIDAVIT OF SERVICE I, Elizabeth S. Beckley, being duly swom according 'to law, do depose and say: 1. I am an adult individual over eighteen years of age. 2. I served the Divorce Complaint of Christina L. Hollingsworth upon Daniel A. Hollingsworth, at 709 Erford Road, Camp Hill, PA, on or about July 297, 2002, by certified mail, parcel number 7001 1140 0000 9828 9280, return receipt requested. Attached hereto is the retum receipt (green card) signed by t]he Defendant. Sworn and subscribed to before me this /?~day of Not~a'y P~fiblic ,2003. (SEAL) l' NOTARIAL SEAL MARY V. DAVIS, NOtary Public City of HartlsDutg, Oaul~lll~ Oounty My ~o_ _mm.i~ion iii~lr~ Malt ~I ~0o~[ · Compileit, 2, and 3. Also complete item 4 if Restricted Delivery is desired. al 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 mailpiece, or on the front if space permits. 1 Arttcle Addressed to: 2. Article Number (rrare~V,..,,.~i= 7DB3. ~.3.4n rlrlDD ' D;'~ delivery addrea~ d~ Yes - If YES, enter delivery address below: r-I No 3. Serviqe Type [~ertified Mail I-I Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 9828 9280 PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424