HomeMy WebLinkAbout01-0814IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tina L. Howard, )
Plaintiff, )
)
)
Tye V. Howard, )
Defendant, )
Civil Action - Law
No. ol- ~[V ~
In Divorce a v.m.
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 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,
Cumberland County Court House, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLA1M 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas 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.
Ali 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.
1.24.01/MBW/946343.1
I verify that the statements made in this Complaint 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.
Tina L. Howard, Plaintiff
Date:
WALKER & MACBR1DE Office
of BARLEY, SNYDER, SENFT & COHEN, LLC.
~ha B. Walker, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tina L. Howard,
VS.
Tye V. Howard,
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 01-814 - Civil Term
In Divorce a v.m.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
) SS:
COUNTY OF FRANKLIN )
Martha B. Walker, Esquire, being duly sworn according to law, deposes and says that she
is the attorney for the Plaintiff, Tina L. Howard, in the above-captioned matter; that she did serve
a tree and attested copy of the Divorce Complaint under Section 3301(c) or (d) of the Divorce Code
by mailing the same to lye V. Howard, Defendant, by certified mail, restricted delivery, article
number P 968 926 028 on February 14, 2001, to his mailing address of 3732 1-20 West, Baird,
Texas 79504; that said certified mall article was delivered to Defendant, Tye V. Howard, on
February 20, 2001, all as appears from the receipt for certified mall and the return receipt attached
hereto.
WALKER & MACBRIDE Office
of Barley, Snyder, Senft & Cohen, LLC
Sworn and subscribed to before me
this c~/$'~ day of
By:
B. Walker, Es~tuire
y for Plaintiff
,2001.
Notary P~Jlic
3.21.01/MBW/969691.1
TO:
P 968___9..~.6 028
Tye V. Howard
3732 1-20 West
Baird TX 79504
~ENDER:
REFERENCE:
Martha Walker
Tina Howard
PS FORM 3~00. SEPTEMBER 1995
i} e.n~ v,. 1 50
RETURN Ra~um ~ ~ 3.20
8E~IC
~ 6.94
Red,rapt for
Ce~mfmed Mail
Martha Walker
SENDER:
ArtJ;le Addressed to:
Tye V. Howard
~732 1-20 West
taka TX 79504
4a. Article Number
P 96B 926 oi~ell
Domestic Return Reoeipt
WAI~EP_ t% M^cBR~bE OFFICE
BARLEY, SNYDER, SINEW & COHEN, LLC
241 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201
1N TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tina L. Howard,
VS.
Tye V. Howard,
Plaintiff,
Defendant,
) Civil Action Law
) No. 01-814 - Civil Teml ~_~ r---~
) In Divorce a v.m. ~ '~ ~
NOTICE ~
If you wish to deny any of the statements set forth in this affidavit, you must file a
Counter-Affidavit within twenty days after this Affidavit has been served on you or the statements
will be admitted.
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on October 31, 1999 and have continued to live
separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses ifI do not claim them before a divome is granted.
I verify that the statements made in this Affidavit are tree 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.
1032424-1
lN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tina L. Howard,
VS.
Tye V. Howard,
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 01-814- Civil Term
In Divorce a v.m.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF FRANKLIN )
Martha B. Walker, Esquire, being duly swom according to law, deposes and says that she is
the attorney for the Plaintiff, Tina L. Howard, in the above-captioned matter; that she did serve a Ixue
and attested copy of Plaintiffs Affidavit Under Section 3301(c) or (d) of the Divome Code by
mailing the same to Tye V. Itoward, Defendant, by certified mail, restricted delivery, article number
7106 4575 1294 2335 2493 on December 14, 2001, to his mailing address of 1333 Palm Street,
Abilene, Texas 79603; that said certified mail article was delivered to Defendant, Tye V. Howard,
on December 18, 2001, all as appears from the receipt for certified mail and the return receipt
attached hereto.
WALKER & MACBRIDE Office
of Barley, Snyder, Senft & Cohen, LLC
?
I~lartha B. Walker, Esquire
Attorney for Plaintiff
Swor~>~,d subscribed to before me
this ~ day of ,J-O~ ~j ~
Notary P~tlic
,2002.
Notarial
Stae. ey A. Shank, Nom~'y Public
Chambersburg Boro, Franklin County
My Commission Expires Jan. 12, 2004
1042767-1
3. Ser~ticeType CEF/FIFIED MAIL -- ~
4, ~testricted Delivery? (Extra Fee) ~ Yes
1333 Palm Street
Abilene TX 79603
RE:Tina Howard
PS Form 3811, June 2000
SENDER:
Martha Walker
Domestio Return Receipt
TO: Tye V. Howa~l
1333 Palm Street
Abilene TX 79603
SENDER:
Martha Walker
REFERENCE: Tina Howard
PS Form 3800, June 2000
RETURN Postag.__~e
RECEJPT Certified Fee .
SERVICE
Return Receipt Fee /~%~.
Restricted Dellvep/ /~'~'
Total Postage & Fe~' 9' u~'~20
US Postal Service
·
Receipt for [~_
Nooo~nsu~e Co~ge ~, ~
Not Use for Internatio~r~lair
WALKER ~ MACBRIDE OFFICE
BARLEY, SNYDER, SENFT ~,t COHEN, LLC
247 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201
Tina L. Howard,
IN THE COURT OF COMMON PLEAS OF
THE 9TM JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUNTY
Plaintiff,
VS.
Tye V. Howard,
Defendant,
Civil Action - Law
No. 01-814-Civil Term
In Divorce a v.m.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed
on March 23, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the enlxy 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. Section 4904 relating to unswom
falsification to authorities.
Date:
5.25,01/MBW/98630'1.1
WALKER ~1. MAC[3RIDE OFFICE
BARLEY, SNIT/E~,, SENFT ~. COHEN, LLC
247 LINCOLN WAY EAST, CHAMBERSBUI~G, PENNSYLVANIA 17201
Tina L. Howard,
VS,
Tye V. Howard,
IN THE COURT OF COMMON PLEAS OF
THE 9TM JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUNTY
Plaintiff,
Defendant,
Civil Action - Law
No. 01-814-Civil Term
In Divorce a v.m,
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 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 unswom
falsification to authorities.
Date:
Tina L. Howard, Plaintiff
5.25.011MBWI986301 .t
X~rADCER & M^cBaIDE OFFICE
BARLEY, SNY_DER, SENFT & COHEN, LLC
247 LINCOLNWAY EAST, CHAMBI~RSBURG, PENNSYLVANIA 17201
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tina L. Howard,
Plaintiff,
VS.
Tye V. Howard,
Defendant,
) Civil Action - Law
) No. 01-814 - Civil Tera>
) In Divorce a v.m.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
)SS.
COUNTY OF FRANKLIN )
TINA L. HOWARD, being duly sworn according to law, deposes and says that she is the
Plaintiff in the above matter; that she personally knows the Defendant, TYE V. HOWARD, is over
the age of 18 years; and that TYE V. HOWARD currently resides at 1333 Palm Street, Abilene, TX
79603.
Plaintiff further avers that Defendant is not in the military or naval service of the United
States or its allies or othemSse within the provisions of the Soldiers' and Sailors' Civil Relief Act of
1940 and its amendments.
Sworn to and subscribed before me this
qqt~ dayof 0/r,,-,~.~ ,2001.
Notary¢lic
1032431-1
Notarial Seal
Stacey A. Shank, Notary Public
Chambersburg Boro, Franklin Coun y
My
Commission
Expires Jan. 12, 2004
¥{/^LKEg & M^CBRIDE OFF~C~
BARLEY, SN~ SENFT ~ COHEN, LLC
2,t7 L1NCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201
Tina L. Howard,
VS.
Tye V. Howard,
IN THE COURT OF COMMON PLEAS OF
CUMBEFILAND COUNTY, PENNSYLVANIA
Plaintiff,
Defendant,
Civil Action - Law
No. 01-814~Civil Term
In Divorce a v.m,
NOTICE OF ELECTION TO RETAKE MALDEN NAME
Notice is hereby given that the Plaintiff in the above-captioned matter, having been
granted a Final Decree in divorce from the bonds of matrimony on the 5th day of
February, 2002, hereby elects to retake and hereafter use her previous name of TINA L.
LEHMAN and gives this written notice avowing her intention in accordance with the
provisions of the Act of May 25, 1939, P.L. 192 as amended.
To be known as:
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF FRANKLIN )
On the c~LJq~' day of ~'¢~OfU_,0,~-f , 2002, before me, a Notary Public,
personally appeared TINA L. HOWARD I/,nown to me to be the person whose name is
subscribed to the within document and acknowledged that she executed the foregoing
for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
1055270-1
No~rial Sea]
~y ^, Sha~, No,op/hblic
Chambersburl~ Bom Franklin County
My Commission Expires Jan. 12, 2004
Tine L. Howard,
VS,
Tye V. Howard,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaintiff, )
)
)
)
)
Defendant, ) In Divorce a v.m.
PRAEC1PE TO TRANSMIT RECORD
Civil Action - Law
No. 01~814-Civil Term
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(d)(1) of the Divorce Code.
2. Date and manner ~f service ~f the C~mp~aint: February 2~~ 2~~~ - Certi~ed Ma~~~ Restri~ted Delivery.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the Affidavit of Consent required by Section 330 l(c) of the Divorce Code: by
Plaintiff, N/A; by Defendant, N/A.
(b)(1) Date of execution of Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code December
4, 2001;
(2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: Filing: December 11, 2001
- Service: December 18, 2001.
4. Related claims pendivg: None;
5. Complete either (a) or (b)
(a) Date and manner of service of the Notice of Intentiun to file Praecipe to Transmit Record, a copy of
which is attached: January 8, 2002 - First-class mail with a Certificate of Mailing (see attached);
(b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/A;
Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/A.
WALKER & MACBRIDE Office
of BARLEY, SNYDER, SENFT & COHEN, LLC
~~~ ~ Walker, Esquire ~tttomey for Plaintiff
C~.
C_
IN
THE
OF CUMBERLAND
STATE OF
COURT OF COMMON PLEAS
COUNTY
PENNA.
Versus
..TTe.~.. H9w~d~ ......................
......... pefendant .....
DECREE IN
DIVORCE
;I' I ,l " f'° t" ~ '
ANDNOW ...... e~,..~.~ ........... ~ ,:~rx9.2°9.2.. .. ,t is ordered and
decreed that .. T.~.~..~:..~.o.w.a.r.d .................................. plaintiff,
and . yy.e.y... Aox~r.d ........................................... , defendant,
are divorced from the bonds of matrimony.
The court retains iurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
By Th