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HomeMy WebLinkAbout04-2604 Heather L. Paterno, Esquire LD. #87506 GOLDBERG KATZMAN, P.e. 320 Market Sueet P.O. Box: 1268 Harrisburg,PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff DONALD L. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 04 - .:1.1.0L( Cu'LL ~~ v. SHELLEY HOWELL, Defendant CNIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Heather L. Paterno, Esquire LD. #87506 GOLDBERG KATZMAN, p,c. 320 Market Street P. O. Box 1268 Hanisburg, PA 17108-1268 (717)234-416]; (717) 234-4161 (facsimile) Counsel for Plaintiff DONALD L. HOWELL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Ciu~t 04 - ~/PC:J.! l~ NO. SHELLEY HOWELL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING DONALD L. HOWELL, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and me participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver 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. Date: bf s I 01./ ~L~ DONALD L. HOWELL Heather L. Paterno, Esquire 1.0. #87506 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff DONALD L. HOWELL, Plaintiff SHELLEY HOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. O'-l-~l..Or e'uL'-r~ CNIL ACTION - LAW IN DNORCE v. COMPLAINT IN DIVORCE 1. Plaintiff, DONALD L. HOWELL, is an adult individual, who currently resides at 128 E. North Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, SHELLEY HOWELL, is an adult individual, who currently resides at 701 Bleachery Street, #306, Clearwater, South Carolina. 3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on December 29, 1993, in Augusta, Georgia. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiffhas the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs I through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiffprays Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. ather L. P 0 tomey J.D. #87506 20 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: June 7 , 2004 Attorney for Plaintiff 2 VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: b/5 }o,+ 1(),....t.I L Q~ DONALD L. HOWELL (V p ~ ~~ ::0 ~ ~ ~ ~ -....: '\) V ~ -.l) v '-{)O'P::: :e ~ ...r .. ~ Heather L Paterno, Esquire I.D.#87506 GOLDBERG KATZMAN, P.c. 320 Market Street P. O. Box: 1268 Harrisburg, PA 17108.1268 (717) 234-4161; (717) 234.4161 (facsimile) Counsel for Plointiff DONALD L. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2604 SHELLEY HOWELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIr OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ) ss. COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, HEATHER L. PATERNO, ESQUIRE, who being duly sworn according to law deposes and says that on June 11,2004, she sent a copy of the Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Shelley Howell, 701 Bleachery Street, #306, Clearwater, South Carolina 29822, and the return re . card signed by Shelley Howell, and shown as being delivered June 17, 2004, is attach Sworn to and subs~ed before me t' ,-!! day of ~ I..Vn-e , 2004. s , Notary Public Ission Expires: 9/17/06 NolarialSeal J SaIy A Marsh. NotaIy Public City Of Han1sburg. Dauphin Coonty My Corn-. Expires Sept. 17, 200€i Member. Pemsylvanla As.<;OCiation Of NoIanes ....ODMAIPCDOCSIDOCSI11125811 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage prpvided) L1l ITl <0 .Jl II'" L1l ITl I\J .-'l CI C RetumRecleptFee D (Endorsement Required) o Restricted Delivery Fee ~ (Endorsement Required) ::r ru Total Postage & Fees $ I\J c:J CI Shelley Howell r'- 701 Bleachery Street, #306 CleanNat~,SC 29822 '-ULj (:~ C '1)",,* ill""" ..lVERY 3&3'it:t~' Postma'" l-I- t..P Hllre ..C.TiIliL~.i1lr...,.,.,,-_ -. Complete 1lems 1. 2, end 3. Also complete ~em 4 ~ Restricted Delivery Is desired. . Print your name end address on the rev"",,, so that we can retum the card to you. . Attach thie card to the back of the mallplece. or on the !tont ~ space perm~.. 1. Article Addrssssd to: A. Signature X Ol~ - - o Add...... C. Date of Delivery - --- .--- Shelley Howell . ~ \)tJ~ 701 Bleachery Street, #306 ~ Clearwat~, SC 29822 o Ves o No _'"' !"let ,"ER'l o ExplOSS Mall ! Return Receipt for Merchandise o Insursd Mall 0 C.O.D. 4. RestrIct8d Delivery? (Extra Fee) ~ Yes 2. icle Number ~---- PS Fonn 3811. August 2001 7002 2410 0001 2359 6835 Domestic Return Receipt 102595-02-M-15<W Heather L. Paterno, Esquire 1.0.#87506 GOLDBERG KATZMAN, p,e 320 Market Street P. O. Box 1268 Harrisburg,PA 17108-1268 (717)234-4161;(717)234-4161 (racsimile) Counsel lilr Plain/iff" DONALD 1. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND'COUNTY, PENNSYLVANIA v. NO. 04-2604 - Civil Term SHELLEY HOWELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on June 9, 2004. 2. The marriage of Plaintiff and Defendant is irretri,evably broken and ninety 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 tme 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. Date: ..J.Q..\ Ie, \ 1J't ,2004 ~)~~1~ DONALD 1. OWELL '- ,. , ',; (;:,1 "I:,~ C"J '-~) Heather L. Paterno, Esquire 1.0.#87506 GOLDBERG KATZMAN, P.C. 320 Market Street p, O. Box 1268 Harrisburg, PA 17108-1268 (7\7)234_4\6\;(717)234-4\6\ (facsimile) Counsel fiJr Plaintilf DONALD 1. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2604 - Civil Term SHELLEY HOWELL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorc(: without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ~,2004 ('hut tU~Q.QQ DONALD 1. HOWELL . Heather L. Paterno. Esquire 1.0.#87506 GOLDBERG KATZMAN, P.c. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161; (717)234-4161 (facsimile) Counsel for Plaintjff DONALD L. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2604 - Civil Term v. SHELLEY HOWELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on June 9, 2004. 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 in divorce after servIce of notice of intention to request entry ofthe decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about June 17, 2004, by way of Certified Mail, Restricted Delivery. 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. Section 4904, relating to unsworn falsification to authorities. Date: 10/16 , _,2004 ~c.. 11.",...A.u SHEI::i1v IHOWELL f"",) , l,,) l--',-' , , c~:; C"l \.;,::' Heather L. Paterno, Esquire 1.0.#87506 GOLDBERG KATZMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg,PA 17\08-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff DONALD L. HOWELL, Plaintiff IN THE COURT OlF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2604 - Civil Term v. SHELLEY HOWELL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: /0/15 I ,2004 l~n,t\......A..J-..( SHELI1iY HOWELL DONALD 1. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYL VA IA v. NO. 04-2604 - Civil Term SHELLEY HOWELL, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under S 3301(c) of the Divorc 2. Date and manner of service of the Complaint: Certified Mail-Return Rece t Restricted Delivery, on June 17.2004. 3. (a) Date of execution of the affidavit of consent required by S 3301(c) 0 the Divorce Code: by Plaintiff on October 15.2004 ; by De~ ndant on October IS. 2004 (b) (I) Date of execution of the Affidavit required by S 330 I (d) of t Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with he prothonotary: October 18. 2004 Date Defendant's Waiver of No tic the prothonotary: October 1 '" C"'J ",') en t...t:) '+i'f':f.:f.'f' . . . . . . . . . . '" :f. "':.:'" . :+;....;+;:f. ",..;+:if.:f.'f'if. .. . ;+: :.; ;+.;+::f.:+: . . IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY PENNA. . . . . . . . . . . . . . . . . . . STATE OF DONALD 1. HOWELL No. 04-2604 Plaintiff VERSUS SHELLEY HOWELL CIVIL ACTION - LAW IN DIVORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant DECREE IN DIVORCE fJc,-,,,~lo...; 2-3. , Lao'! , IT IS ORDERE AND NOW, DONALD L. HOWELL DECREED THAT , PLAINTIFF, . . . . . . . . . . . . . . . AND SHELLEY HOWELL , DEFENDAN , ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA YET BEEN ENTERED; . . . . . . + + . . + . . + + . . . + + + . + . . + . . ct,+ 'f. Of:+: 'f. ct "':+; 'I' '+ By THE COURT: il/'-7 PROTHONO ;+: :+:;+:'I':+:'t':+: :+: :+:'f'l':+: . . + . . .. . ;+:'f.:+::+::+::+:'t' 'I''f.:f.'f''+':+:'I':f.;t . . + + . + + . + . . + . + + . . . + + . . + . + + . . . + . + + . + . + . . . + + + . . + + + . . + . + . + + + + + . . . + + . + + + . . + . + + + . . . . + + + + . + . + + + . + . + . + . '+':+: :+::+: '+ ++. AND HAVE NOT RY + . + + . J. hv;,e, JI hr}), r:' J I . h ~ ~ ry:".t/o ~ fP ~ /t{f":" /,6,; rv ..