HomeMy WebLinkAbout08-1111TAMMY S. HOWE,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: NO. D$ - l /l ( CIVIL TERM
RICHARD L. HOWE,
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 in divorce or annulment may 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 Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, PA
17201.
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.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
100 South Street, P.O. Box 186, Harrisburg, PA 17108
1(800) 692-7375 (PA only) or (717) 238-6715
TAMMY S. HOWE,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD L. HOWE,
Defendant
NO. CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
COUNTI
NO FAULT
1. Plaintiff is Tammy S. Howe, an adult individual currently residing at 175 Frost Road,
Gardners, Cumberland County, Pennsylvania.
2. Defendant is Richard L. Howe, an adult individual currently residing at 175 Frost
Road, Gardners, 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 September 2, 1978, in Franklin County,
Pennsylvania.
5. There has been no other prior action 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
ADULTERY
11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their
full text.
12. Defendant has committed adultery by having sexual relations with a woman, not his
wife, contrary to his wedding vows, and the Plaintiff is the innocent and injured
spouse.
WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (a) (2).
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
ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES
15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their
full text.
16. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during
the pendency of this divorce action, and through its resolution.
17. Plaintiff is without sufficient property and otherwise unable to financially support
herself through appropriate employment.
18. Defendant is presently 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.
COUNT V
EQUITABLE DISTRIBUTION
19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in their
full text.
20. 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.
21. 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.
submitted,
or ey fo Griffie, Esquire
r 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 unworn falsifications to authorities.
DATE:
TAMMY S. H WE, Plaintiff
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TAMMY S. HOWE,
Plaintiff
V.
RICHARD L. HOWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ft I CIVIL TERM
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes Petitioner, Tammy S. Howe, by and through her counsel of
record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates and petitions
the Court as follows:
1. Your Petitioner is Tammy S. Howe, an adult individual currently residing at
175 Frost Road, Gardners, Cumberland County, Pennsylvania.
2. Your Respondent is Richard L. Howe, an adult individual currently residing at
175 Frost Road, Gardners, Cumberland County, Pennsylvania.
3. Contemporaneously with the filing of this Petition, a Complaint in Divorce has
been filed by Petitioner requesting a divorce under various sections of the
Divorce Code of 1980 as amended, as well as equitable distribution, alimony,
alimony pendente lite, counsel fees and expenses.
4. The parties continue to reside together at their marital residence despite
conflicts between the parties.
5. Petitioner is unable to secure another residence and does not have the financial
ability to move from the premises such that she is restricted to residing at the
home at 175 Frost Road, Gardners, Cumberland County, Pennsylvania, with
Respondent.
6. Respondent has advised Petitioner that if she initiates a divorce action, he will
immediately begin gifting and selling marital assets, including vehicles and real
estate that are in his name alone, in order to avoid having those assets available
for valuing and for distribution in the equitable distribution portions of this
case.
7. Based upon comments made by Respondent, Petitioner is fearful that the
Respondent will also destroy and damage property within the home or property
that is under his exclusive control.
8. Petitioner anticipates moving expeditiously in processing this divorce action
through the Master's procedure and, as such, will promptly move to secure
evaluations and appraisals of marital assets.
9. If the Respondent is able to dispose of marital assets before Petitioner can, at
least, accomplish an appraisal of those assets or, in the alternative, until such
time as the assets are distributed by agreement or by Order of Court, Petitioner
will be irreparably harmed.
10. Respondent is not known to have legal counsel at this time, but a copy of this
Petition has been provided to him prior to filing.
WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon
Respondent to show cause, if any he has, as to why the Court should not enter an Order
enjoining the parties from gifting, selling or disposing of any property within their control
pending further proceedings in this matter.
Respectfully submitted,
,. Griffie, Esquire
for Petitioner
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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 falsification to authorities.
,v-
DATE: -? //5-/o 3 G
TA'MMY S. OWE
TAMMY S. HOWE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. CIVIL TERM
RICHARD L. HOWE,
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire hereby certify that I did, the g/..' r
day of February,
2008, cause a copy of the within Petition for Special Relief to be served upon the
Respondent, Richard L. Howe, by serving him by first class mail, postage prepaid, and
certified mail, restricted delivery, at the following addresses:
Richard L. Howe
175 Frost Road
Gardners, PA 17324
DATE:
ffie, Esquire
orn or Petitioner
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TAMMY S. HOWE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD L. HOWE,
Defendant
NO. 66 CIVIL TERM
IN DIVORCE
ORDER OF COURT AND RULE TO SHOW CAUSE
AND NOW, this day of V 0* t y ary , 2008, upon presentation
and consideration of the within Petition, a RULE IS HEREBY ISSUED upon the
Respondent, Richard L. Howe, to show cause, if any he has, as to why the relief
requested should not be granted.
Respondent shall file an Answer to the within Petition within days of
service.
Upon filing of an Answer, the Court will entertain a request for hearing in this
matter if the matter is not otherwise resolved.
Pending further proceedings in this matter, both parties are enjoined from selling,
lifting, transferring, conveying or otherwise alienating any personal or real property of
which they are seized or which is in their possession and ownership at this time.
BY THE COURT,
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TAMMY HOWE,
V.
RICHARD HOWE,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-1111 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 4a day of 2008, comes Bradley L. Griffie, Esquire,
and states that he mailed a certified and true copy of a Complaint in Divorce and copy of a
Petition for Special Relief to the Defendant, Richard Howe, at his address of 175 Frost Road,
Gardners, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy
of said receipt is attached hereto indicating service was made on February 23, 2008.
Griffie, Esquire 7 ttorney for Plaintiff
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
before me this _ S+h day
of rL Y , 2008
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TAMMY S. HOWE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
RICHARD L. HOWE, NO. 08-1111 CIVIL TERM
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this T 1 _ - day of j , 2008, comes Bradley L. Griffie, Esquire,
and states that he mailed a certified and true copy of a Petition for Special Relief and the
resulting Order of Court and Rule to Show Cause dated February 28, 2008 to the
Defendant, Richard L. Howe, at his address of 175 Frost Road, Gardners, PA 17324, by
certified mail, restricted delivery, return receipt requested. A copy of said receipt is
attached hereto indicating service was made on March 8, 2008.
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L riffle, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
Sworn and subscribed
to before me this 4'
day of f}_ , 2008
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TAMMY S. HOWE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD L. HOWE,
Defendant
TO THE PROTHONOTARY:
NO. 08-1111 CIVIL TERM
IN DIVORCE
PRAECIPE
Please withdraw the divorce action previously filed in the above captioned matter and all
collateral issues associated therewith.
?3c7 0
DATE: --7
iffie, Esquire
ney for Plaintiff
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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TAMMY S. HOWE,
Plaintiff
VS.
RICHARD L. HOWE,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 08-1111 CIVIL TERM
IN DIVORCE
PRAECIPE
Please ack iowledge this as my consenn, as Dct,.;idalit in the above captioned
action, to the withdrawal of the Divorce Complaint filed in this matter.
DATE: el
RICHARD L. HOWE, pro se
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