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HomeMy WebLinkAbout04-2877 o Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TlNTNER, PICCOLA & ALFORD 315 North Front Street, P. Q. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Bruce C. Hower BRUCE C. HOWER, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0 'i * ~<;7" C:vn - t e.v ^'" LINDA I. HOWER, 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 enteted 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 Courthouse, One Courthouse Square, Carlisle, PAl 70 13. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling you must make your request for counseling within TWENTY DAYS (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 1-800-990-9108 Jeffrey R, Boswell, Esquire Supreme Court L D, No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Bruce C. Hower BRUCE C. HOWER, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CJ'1..... ",(tj71 LINDA I. HOWER, DEFENDANT. : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO ~ 3301(c) OF THE DIVORCE CODE AND NOW COMES the Plaintiff, Bruce C. Hower, by his attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Alford, and states the allegations of this Complaint, as follows: I. The Plaintiff, Bruce C. Hower, is an adult individual who currently resides at 939 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Linda I. Hower, is an adult individual who currently resides at 2138 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 170 II. 3. The Plaintiff and the Defendant have been residents of 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 16, 1988, in Harrisburg, Dauphin County, Pennsylvania. 5, Plaintiff avers that there are no children of this marriage. 6, The Plaintiff and Defendant are both citizens of the United States. 7. Neither the Plaintiff nor the Defendant are members of the Armed Services ofthe United States. 8. The Plaintiff avers that he has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 9. The parties may enter into a written agreement with regard to property division, in which case such agreement may be merged or incorporated into the Final Decree of Divorce. 10. There have been no prior actions of divorce or annulment between the parties with any Court in this Commonwealth. 11. The causes of action of the Divorce Code under which Plaintiff is proceeding are, as follows: Section 3301(c): The marriage ofthe parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. BOSWELL, TINTNER, PICCOLA & ALFORD By: DATE: June '.:L ,2004 VERIFICATION I, Bruce C. Hower, Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. g4904 relating to unsworn falsification to authorities. BRUCE C. HOWER Dated: June.2.:2.. , 2004 '. ~ ~f\ -. "., V. N }.> \ '-t. ~ ~ ~ ~ - .i\ Q U\ <() t'-:l ,-.. ~ :,; '-'.1 ....- (_. :~;J I. iil .., L,_"' ~ c. L_" ~ . ',,'j @-. ,\\,,1\ Jeffrey R. Boswell, Esquire Supreme Court 1. D. No. 25444 BOSWELL, TINTNER. PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA ] 7108-074] Telephone: (717) 236-9377 Attorney for Plaintiff Bruce C. Hower BRUCE C, HOWER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v, : NO, 04-2877 CIVIL TERM LINDA I. HOWER, DEFENDANT : IN DIVORCE AFFIDA VIr OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE I, BRUCE C. HOWER, being duly sworn according to law, depose and say that: 1. I am the Plaintiff in the above-captioned action in divorce under Section 3 0 I (c) of the Divorce Code. 2. I have been advised of the availability of marriage counseling and understan that I may request that the court require that my spouse and I participate in counseling. 3. ! understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 4. Being so advised, I do not request that the Court require that my spouse and participate in counseling prior to a divorce decree being handed down by the court. 5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was tiled on June 23, 2004. 6. My marriage to LINDA I. HOWER is irretrievably broken. . r 7. Ninety (90) days have elapsed from the date of filing the Complaint. 8. I consent to the entry of a final Decree of Divorce. 9. I consent to the entry of a final decree of divorce after service of notice 0 intention to request entry of the decree. I, BRUCE C, HOWER, Plaintiff, verify that the statements made in this Affidav tare true and correct. I understand that false statements herein are made subject to the penalti s of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ BRUCE C. HOWER DATE: / ljiloC; (. ~, , .' t'<~ ------- ~n " " ... (,'\ ~ \ )'J'" (J Il\\1 It'" . Jeffrey R. Boswell, Esquire Supreme Court L D. No. 25444 BOSWELL. TINTNER. PICCOLA & ALFORD 315 North Front Street, P. O. Box 74] Harrisburg, P A 17] 08+0741 Telephone: (7]7) 236-9377 Attorney for P\aintiffBruecC. Hower BRUCE C, HOWER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v, : NO. 04-2877 CIVIL TERM LINDA I. HOWER, DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofprope 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 he 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. g4904 relating to unsworn falsification to authorities. ~ BRUC C.~WER DATE: il/ISjoy ,_..l Ci-) .~ - ., ,,' BRUCE C. HOWER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v, : NO, 04-2877 CIVIL TERM LINDA I. HOWER, DEFENDANT : IN DIVORCE AFFlUA vn OF CONSEi-iT UNDER SECTION 330t(c) OF THE DIVORCE CODE I, LINDA I. HOWER, being duly sworn according to law, depose and say that: 1. I am the Defendant in the above-captioned action in divorce under Section 330 (c) of the Divorce Code. 2. I have been advised of the availability of marriage counseling and understand t at I may request that the court require that my spouse and [ participate in counseling. 3. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 4. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 5. A Complaint in Divorce under Section 330I(c) ofthe Divorce Code was filed 0 June 23, 2004. 6. My marriage to BRUCE C. HOWER is irretrievably broken. 7. Ninety (90) days have elapsed from the date of filing the Complaint. 8. I consent to the entry ofa final Decree of Divorce. .. ......' 9. I consent to the entry of a tinal decree of divorce after service of notice 0 intention to request entry of the decree. I, LINDA I. HOWER, Defendant, verify that the statements made in this Aftidav are true and correct. I understand that tillse statements herein are made subject to the penalti s of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: 1<)' ~o\l~gibIL '200'f- BRUCE C. HOWER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v, : NO. 04-2877 CIVIL TERM LINDA I. HOWER, DEFENDANT : IN DIVORCE W AlVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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 proper! , lawyer's fees or cxpenses if[ do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decrce is entered by he Court and that a copy of the decree will be sent to me immediatcly after it is filed with th Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understan that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. r:4,~ ,~~ LINDA I. HOWER DATE: lG f',(o\J~.tA..(B~ ~ . f'-."J ..1 :~") r'~' Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, T1NTNER, PICCOLA & ALFORD 315 North Front Street, P. Q. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff Bruce C. Hower BRUCE C. HOWER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 04-2877 CIVIL TERM LINDA I. HOWER, DEFENDANT : IN DIVORCE ACCEPTANCE OF SERVICE I, Linda I. Hower, Defendant, do hereby personally accept service ofthe Complaint' Divorce filed in this action, and certify that I am authorized to do so. GlJ.M~' ~, !i~ LINDA I, HOWER Datc: (p / 3{) / () c; Sworn and subscribed before me this 3tJth day of C)t/~ ,2004. ~)yJ~ No ry Public NOTARIAL SEAl ~= MAIOlI, Nocary PIAlIIc u.. Comm' . ~ CUmbeitand Co. w" ISSIOIl '-"1""'" O<'O~ 31 2006 "~'-..-,.~.." """-~ ' ... "" () "j\ f'~) r.......! _.,.~, ------- .". Jeffrey R. Boswell, Esquire Supreme Court L D. No. 25444 BOSWELL, TlNTNER, PICCOLA & ALFORD 315 North Front Street P. O. Box 741 Harrishurg, PA 17108.0741 Telephone: (717) 236-9377 Attorney for Plaintiff BRUCE C. HOWER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v, : NO, 04-2877 CIVIL TERM LINDA I. HOWER, DEFENDANT : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for ent of a divorce decree: I. Ground for divorce: ilTetrievable breakdown under Section 330 l( c) ofthe Divorce ode. (Check applicable section). 2. Date and manner of service of the Complaint: Mailed June 24, 2004, to Paul L. Ze gler, Esquire - First Class Mail, and received by Defendant, Linda 1. Hower, on June 30, 2004. 3. (Complete either paragraph (a) or (b)). (a). Date of execution of the affidavit of consent required by Section 3301 (e) the Divorce Code: November 15,2004, by Plaintiff; November 15,2004, by Defendant. (b). (l) Date of execution of the Plaintiff's affidavit required by Section 330 I (d) the Divorce Code: N/A 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to tr nsmit record, a copy of which is attached: Not Applicable. (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: November JI'i' 2004. (c) Date defendant's Waiver of Notice was filed with the prothonotary: Novem er 19, 2004. ~,-p--- JEFFREY R. BOSWELL, ESQUIRE Attorney for (x) Plaintiff ( ) Defendant Dated: November 19,2004 '~" (',;' ~) C) :::':~ ~-n _1..:- ..~~ r:} t'-; C') I ~0 Of.+ Of. Of. Of. Of. Of. . . . . + . . . . . . + . . . . . . . . . . . . . . . . . . + . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + 1':+ '+':+:+:+ 1':+ .. . .. . :+:+Of. +:+ +:+:+::+:+::+: + :+:Of.+'0f.+:+: 1':+:+: +:+. + Of. :+ + +:+:+:+::+:+::+:+::+ 1':+ + + :+:+':+:+:+: 1':+ +'+':+. IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY BRUCE C. HOWER PENNA. STATE OF 04-2877 No. CIVIL VERSUS LINDA I. HOWER DECREE IN DIVORCE j) e..c. ~ AND NOW, 2004, IT IS ORDERE Bruce C. Hower DECREED THAT , PLAINTIFF. Linda I. Hower AND . 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; NONE ATTES ROTHONO ARY .. +:+::+:+::+: . :+:+:+++:+:++++ +:+ + +:+:+::+:+ + + + + +:+: + +' +:+ 1':+::+:+::+: +:+: +:+:+:+: '+' + + +:+: +:+ + :+: '+' :+: :+ :+ '+' + :+ 1'+ . . + . + . . + . + + . . . . . . + + . . . . . + . . . . + + + . . . + + . . . + + + . + . . + . + . . + . . + . . . . . + + . . . + . . + . + . . . . . . . . + + . . . + + + + . + + . . . . + . . . + + + :+ + '+' + + '+ :+ :++ RM AND HAVE NOT J. . ~ f/!: 1 r r:y1L /d, j el :;;::-pp .yp_ .I.W jY?u /1 Ci N'" .