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Home My WebLink About01-05680DENISE HOWARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DARRYL J. HOWARD, NO. U ~- ~ B'U CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717)249-3166 ~, DENISE HOWARD, Plaintiff v. DARRYL J. HOWARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO. G~-~ $'U CNIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Denise Howard, an adult individual currently residing at 102 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Darryl J. Howard, an adult individual currently residing at 1180 Highland Street, Oberlin, Dauphin 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 May 23, 1993, in Dauphin County, Pennsylvania. 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 the filing 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 III 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. 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 V EQUITABLE DISTRIBUTION 14. Paragraphs 1 through 13 aze incorporated herein by reference as if set forth in their full text. 15. 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. 16. Plaintiff and Defendant aze owners of substantial assets which were acquired during their marriage and which are subject to equitable distribution. 17. 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. COUNT IV ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES 18. Paragraphs 1 through 17 are incorporated herein by reference as if set forth in their full text. 19. Plaintiff is unable to provide of, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 20. Plaintiff is without sufficient property and otherwise unable to fmancially support herself through appropriate employment. 21. Defendant is believed to be employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, r e, Esquire me or Plaintiff 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: / dY5 e'~~ d~'~~~ ~2 ~l l' DEIVI HOWARD, Plaintiff ,,, ,. c> ~,, -~ ~~ ..~_ =_ ` .~ ~,~ -, - 7C r i..: •.-1 DENISE HOWARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DARRYL J. HOWARD, NO. ~ /-~ o"~ CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Denise Howard to proceed in forma pauperis. I, Bradley L. Griffie, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the parry. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Respectfully submitted, Date: / a~ ~ ~ d t /~ r Gn~e, Esquire rney fovPlaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ~ "_~ ~n C°,.-I .v7 - Cl;~'~.- .r. / ~ v ~u 58 ~ISF3HNAK4A~'IVaa~+e~{_. _.. ,. _ _ J$:&ds'~- V-: ~• -.~ ~ sR•" ~ n'~~p T~9*n4i~ "f-~+h0 DENISE HOWARD, : IIV THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DARRYL J. HOWARD, NO.~/- v`7p ~Q CIVIL TERM Defendant IN DIVORCE AFFIDAVIT IN SUPPORT PETITION FOR LEAVE TO PROCEED IN FQRMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a.) Name: Denise Howard Address: 102 West High Street Carlisle. PA 17013 b.) Social Security #: 202-56-2192 If you are presently employed, state: Employer: Elona Bloom's Beauty Salon Address: 114 North Hanov er Street Carl isle. PA 17013 Salary or wages per month: 5300 gross per month j ~pnx 1 Type of work: Beautician If you are presently unemployed, state: Date of last employment: NSA Salary or wages per month: VLL~ Type of work: N/A c.) Other income within the past twelve months Business or profession: none Other self-employment: none Interest: none Dividends: none Pension and annuities: none Social Security benefits: none Support payments: none Disability payments: none Unemployment compensation and supplemental benefits: none Workman's compensation: none Public Assistance: will be receiving_nartial assistance effective 9/21/01 - none received as of this date Other: d.) Other contributions to household support: Spouse's name: Darryl J. Howard If your spouse is employed, state: mown - Believed to be incarcerated at Dauphin County Prison. or possibly recently relea Employer: unknown Salary or wages per month: unknown Type of work: wn Contributions from children: none e.) Property owned: Cash: 50.00 Checking account: none Savings Account: Certificate of Deposit: none Real Estate (including home) : none Motor vehicle: Make: Eagle Talon Year: 19 7 Cost: Amount Owed: 11 000 + Demolished in automobile accident in 5/O1 Stocks; bonds: none Other: f) Debts and obligations: Mortgage: none Rent: Living at shelter at this time Loans: 4 50 . Monthly Expenses: 5( g.) Persons dependent upon you for support Spouse: V A Children: Name DOB Skye M. Hillhouse 06/06/90 Logan M. Howard 07/30/93 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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: O"~ ~/ DENI HOWARD, Plaintiff ~, ~,: - ~- __ _ .`'° ,3 _. r- .a _~ ~- ~~'_.; . > _ __ ~' ,r !h -. ~.. ,,:.,, , ._,`„r: v. ~ ~.s~zrva:EW:~~zmw~d~X?;aw8x.'?Afi?R( . e,. € sn ,, . -'n~~~.,~?sNt~gsa?fi~sYnu=~ax..rus~r:.s<e^as4m:.ca~r.~ev ' . „t4f3 :+v.r.:.e;::, ,~ . DENISE HOWARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW DARRYL J. HOWARD, NO. 01-5680 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 24`~ day of October, 2001, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, Denise Howard, and states that a true and attested copy of a Complaint in Divorce was sent to the Defendant, Darryl J. Howard, at 1180 Highland Street, Oberlin, PA 17113, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on October 16, 2001. 'PiRI & ASSOCIATES 200 orth Hanover Street Carlisle, PA 17013 (717) 243-3551 (800) 347-5552 Sworn and subscribed to before me this Z.y~ day of , 2001 ~, TARY ~ I Karisa J. NOtanal Seal Carlisle go~ohman, Notary public My Commission Cumbetlantl minty Expires Aug. 25, 2003 ~... .. .. ~ ~ -- .~ L• ,-,_. -. ..-..,,, ....lets items ^ Gomp ~ 1, 2, and 3. Also com late p Date of Deli very t C® rty) AD~~d b Please Prin y( MM item 4 if Restricted Delivery is desired. G~ L v ~t 1 UU - ~ ~ e and address on the reverse ^ Print your n C. Signature so that we return the card to you. ~ ' ^ Agent card to the hack of the mailpiece, ^ Attach th X ^ Add ace permits or on th nt if s ressce . p m It 17 d li diff ^ Yes ere em e D. Is very `. t. icle ]ed to; , ~, I ru~ ~ w If YES, enter delivery add s below: ^ No ~ ~ s~eP-~ ~~, ' ~la~ b~~ ~~ ~ ~w ~Z~13 bV / 3. S ice Type Cer[jged Mail ^ Mail ^ egistered ^ R erchandise ^ Insured Mail ^ C. - 9. Restricted Delivery'? 2. Article Number (Copy from service label) l (~ QC~fiO ~U GaZS ~~~ p~127 yjj 1{~ µ~+ 1P3!'r7omt 3pl [,Elul fgHHl i t f 71 { (F~omestic Retum Receipt 10259500-MA952 O 0 a a 0 r w fL t~ ~ t ~ /" ~~~ 0 .., Postage $ I04e ~ Certified Fee ~) ( ,' ~ (jl ~ ~ Retum Receipt Fee (Endorsement Requiretl) ~ L~ 'D / Pgatmark °~. ere ~ !?~j _ d (1U ~ CD Restrictetl Delivery Fee (Endorsement Requiretl) 3. e~11 ~V ~~ ~( ~ ~ Total Postage a Fens ~ , )7 ~ ~> c7 c ~= ,_. R f ~ '`7 r _°.7 G ~: t\J !~:" ..` - C ~-' ~. __ r ~l _~, 4`~ ~ ;N ti h ~ .7 .~ ~S ~~