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Home My WebLink About09-6760F:\FILES\CUents\13615 HoweU\13615.1.Divorce Created: 9/20/04 0:06PM Revised: 10/7/09 9:11 AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JEFF 1U J. HOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA V. NO. 2009- 1.a CIVIL ACTION - LAW DONALD L. HOWELL, 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 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F:\FILES\CGents\13615 Howell\13615.I.Divorce Created: 9/20/04 0:06PM Revised: 10/7/09 9:19AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JEFFRI J. HOWELL, V. IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA NO. 2009- 6 ?-c ?-( I e??? CIVIL ACTION - LAW DONALD L. HOWELL, Defendant IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) or 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Jeffri J. Howell, who currently resides at 128 East North Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Donald L. Howell, who currently resides at 128 East North Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 7, 2005 in Mount Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OR (D) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiff will file an affidavit stating that two years have expired from the date of separation. WHEREFORE, Plaintiffrespectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. COUNT II REQUEST FOR CONFIRMATION OF CUSTODY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties are the parents of Alex M. Howell, born July 6, 1999, and Alyssa S. Howell, born September 4, 2001. 13. During the past five years, except for periods of time when Defendant, Father, Donald L. Howell, has moved out of the home, the minor children have resided with the parties at 128 East North Street, Carlisle, Cumberland County, Pennsylvania, with the Mother, Plaintiff, Jeffri J. Howell, and the Father, Defendant, Donald L. Howell. 14. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 15. There are no other proceedings pending involving custody of the children in this or any other state. 16. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 17. The best interests of the children will be served if sole custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an Order granting her custody of the two minor children. MARTSON LAW OFFICES gY M, Hubert X. Gil y, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ' y - Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. .?aL I J +Ke J I . HO LL OF THE F` r:' n TA#Y 2009 OCT -9 PM 2.4 7 ri'f ?'338.5'd I o -Z oo - (!214? t JEFFRI J. HOWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD L. HOWELL DEFENDANT • 2009-6760 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle on Tuesday; November 17, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac uc ne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 07 T C ZO09 OC 20 Fili C: 16 Cif _..v atl 60 JEFFRI J. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW IN DIVORCE DONALD HOWELL, Defendant. : N0.2009 - 6760 CIVIL TERM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: , Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Donald Howell, in the above-captioned matter. October ~, 2010 Anne ac onald-Fox, , ~ ti, ~_ Carmel Josa Estrellado-Broadwell ~~ C _~ ~ c~ ~ ~ "4'! s`f"t ~ % = n ~ ~.;" '" ~ ~ r... -t ~ C7 t-tZ ~ ~. ~,--~ ~ ~'rt `~ S~ (,~ ~"l - C'7 ~ ~b " ~ ~ rte . C*;l ~ ~~ "~ JEFFRI J. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE DONALD HOWELL, Defendant. : NO.2009 - 6760 CIVIL TERM CERTIFICATE OF SERVICE I, Carmel Josa Estrellado-Broadwell ,hereby certify that I am serving a true and correct copy of the Praecipe to Enter Appearance on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this ./~~ day of ~, 2010: Hubert X. Gilroy,Esquire 10 East High Street Carlisle, PA 17013 ~~` Carmel Josa Estrellado-Broadwell Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 JEFFRI J. HOWELL, Plaintiff V. DONALD HOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE -CIZ NO. 2009 - 6760 AFFIDAVIT OF CONSENT zm CIVIL TERM cor- a . -Tr 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on October 9, 2009. 2. The marriage of 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. §4904, relating to unsworn falsification to authorities. Date f I I?, Ln""6'.0 Donald Howell, Defendant JEFFRI J. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE DONALD HOWELL, Defendant. : NO. 2009 - 6760 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST rn = ya m Cn ENTRY OF A DIVORCE DECREE UNDER r ,., 43301(c) OF THE DIVORCE CODE r 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date 1111(0 1,201o ?0 Donald Howell, Defendant Jeffri Jo Howell, Plaintiff v Donald Howell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE c =rn sr ? D 2Q : No. 09-6760 CIVIL TERM To The Prothonotary: PRAECIPE TO REINSTATE COMPLAINT Please reinstate the Divorce Complaint at the above-captioned docket. r_4 C= N cn a co rn r- -urn o° --ip ? -n 5-n =F3 ) m Merck 5, 2011 - ?_ Date Michael Mull Certified Legal Intern Jeffri Jo Howell, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Donald Howell , Defendant NO. 09 - 6760 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Mull, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Praecipe to Reinstate Divorce Complaint on Ms. Jeffri Jo Howell , residing at 4038 Deerfield Commons, Mechanicsburg, PA, 17257, by depositing a copy of the same in the United States mail on this 25th day of March, 2011. _0?L?' Michael Mull Certified Legal Intern C-) a nj Z 7°' F- u rte" AC1 a c5 rc) o cn JEFFRI J. HOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA C'7 ~ v• NO. 2009-6760 c `-' -a ~ ~ ~` ` CIVIL ACTION -LAW rn~' a ~ ~ ° z~ .°,c r n~: DONALD L. HOWELL, ~~ ca Q r Defendant IN DIVORCE ~~' D ~,.s 2a. ``~` Z -r~ ~ ~ ?~ O-- .`~... ..., f~i --~ ~ ~ ~", --~; -.._ ~.r; ACKNOWLEDGMENT OF SERVICE I, Donald L. Howell, Defendant in the above divorce action, hereby acknowledge that I received original service of process of the Divorce Complaint and the Notice to Defend and Claim Rights in the above case on or about October 15, 2009. ~ rf 9 J adr - ~~~~ ~ ~~~ Date Donald L. Howell JEFFRI J. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE DONALD HOWELL, Defendant : NO. 2009 - 6760 CIVIL TERM CERTIFICATE OF SERVICE I, Robert Jeppson, Certified Legal Intern, Community Law Clinic, hereby certify that I served true and correct copies of the Acknowledgment of Service on Jeffri Howell and Hubert X. Gilroy, Esq., on November 13, 2012, by depositing copies of the same in the United States mail, first class, to the following addresses: 1. Jeffri J. Howell 4038 Deerfield Commons 5hippensburg, PA 17257 2. Jeffri J. Howell 104 Poplar Hill Road Gardners, PA 17324 3. Hubert X. Gilroy, Esq. Ten East High Street Carlisle, PA 17013 obert E.Jeppso Certified Legal ROBERT E. RAINS MEGAN RIESMEYER ANNE MACDONALD-FOX THOMAS M. PLACE Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 JEFFRI J. HOWELL, Plaintiff v. DONALD HOWELL, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ r a ~ ^~ q ~ :CIVIL ACTION -LAW ~'~ m ~ "' ~ ~~ ~ -*; IN DIVORCE ~~ .~ mar= tn~` -- ~~ x~ ~'`~ ~ NO: 2009 - 6760 CIVIL TERM ~~ zo ~~ S ~~ ~ D = ~ c-^F r~ PRAECIPE TO TRANSMIT RECORD -~-~ cn ~ Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown of the marriage and separation of the parties for two nears under § 3301(dl of the Divorce Code. 2. Date and manner of service of complaint: Personal service on Defendant at 128 E. North St Carlisle PA 17013 on October 15 2009. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff N/A; by Defendant N/A. (b) (1) Date of filing and service of the defendant's §3301 (d) affidavit upon the Plaintiff, which is attached as "Exhibit A": Filed on September 21, 2012 and served on September 27, 2012. (2) Date of execution of the plaintiff s affidavit under § 3301(d) of the Divorce Code, indicating plaintiff does not oppose entry of divorce decree and does not wish to make economic claims, and is attached as "Exhibit B": October 28, 2012. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached as "Exhibit C": Service by first class mail on October 25, 2012. (b) Date plaintiff s Waiver of Notice was filed with the Prothonotary: N/A Date defendant's Waiver of Notice was filed with the Prothonotary: N/A Date Robert E. J p Certified L al Intern ROBERT .RAINS MEGAN RIESMEYER ANNE MACDONALD-FOX THOMAS M. PLACE Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 .: ~~ i JEFFRI J. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE DONALD HOWELL, Defendant : NO.2009 - 6760 CIVIL TERM PLAINTIFF'S COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (~}Q (a) I do not oppose the entry of a divorce decree. () (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): () (i) The parties to this action have not lived separate and apart for a period of at least two years. () (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. r J r~ ~J I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date ~~ 2G 12. Je I NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. ~~ JEFFRI J. HOWELL, Plaintiff v. DONALD HOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE NO: 2009 - 6760 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: PLAINTIFF You filed an action for divorce on October 9, 2009 that was reinstated on March 25, 2011. You have failed to file an answer or acounter-affidavit to the § 3301(d) Defendant's Affidavit that was sent to you on September 27, 2012. Therefore, on or after November 16, 2012, the other party can request that the Court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. Acounter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. IF YOU CANNOT AFFORD 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JEFFRI J. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE DONALD HOWELL, Defendant : NO. 2009 - 6760 CIVIL TERM CERTIFICATE OF SERVICE I, Robert Jeppson, Certified Legal Intern, Community Law Clinic, hereby certify that I served true and correct copies of the Praecipe to Transmit Record and Divorce Information Sheet on Jeffri Howell and Hubert X. Gilroy, Esq., on November 13, 2012, by depositing copies of the same in the United States mail, first class, to the following addresses: 1. Jeffri J. Howell 4038 Deerfield Commons Shippensburg, PA 17257 3. Hubert X. Gilroy, Esq. Ten East High Street Carlisle, PA 17013 2. Jeffri J. Howell 104 Poplar Hill Road Gardners, PA 17324 Robert E. Jep on Certified Leg tern ROBERT E. RAINS MEGAN RIESMEYER ANNE MACDONALD-FOX THOMAS M. PLACE Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax: (717} 241-3596 JEFFRI J. HOWELL v. DONALD HOWELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-6760 DIVORCE DECREE AND NOW, , it is ordered and decreed that JEFFRI J. HOWELL ,plaintiff, and DONALD HOWELL ,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 C , Attest: ~, Prothonotary /~ ~ to f i c.e ~ co~~., .~ ~ i ~Pd ~ cz/,~•~ ii/6~~'z