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HomeMy WebLinkAbout02-5185MELISSA J. BROWN, EDWARD M. BROWN, II, Plaintiff : : : : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. oa - IN DIVORCE TO: NOTICE TO DEFEND AND CLAIM RIGHTS Edward M. Brown, II One Kings Court Taneytown, MD 21787 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. 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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, Pennsylvania 17013-3387 PHONE: (717) 249-3166 Document #.. 244048.1 MELISSA J. BROWN, Plaintiff V. EDWARD M. BROWN, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff, Melissa J. Brown, is an adult individual currently residing at 318 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Edward M. Brown, II, is an adult individual currently residing at One Kings Court, Taneytown, Maryland, 21787. 3. Plaintiffhas been a bona fide resident of the Commonwealth for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 17, 1997, in Carroll County, Maryland. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. Plaintiff's Social Security number is 220-74-9573, and Defendant's Social Security number is unknown. 7. There have been no prior actions of divorce or for annulment between the parties. 8. 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. Document #: 244048.1 9. There were two (2) children bom of this marriage: Anna M. Brown (d.o.b. 08/02/1995) and Jacob S. Brown (d.o.b. 01/06/2001). 10. I1. 12. De~ndant. The marriage is irretrievably broken. The parties have been living separate and apart since November 24, 2001. Plaintiff requests the Court to enter a decree of divorce, divorcing Plaintiff and WHEREFORE, Plaintiff requests that this Court enter a decree in divorce and any such other Orders as are appropriate and just. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #.. 244048. I VERIFICATION I, Melissa J. Brown, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Melissa J. Brown Document #: 244048 1 MELISSA J. BROWN, Plaintiff V. : EDWARD M. BROWN, II, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-5185 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, Melissa J. Brown, in the above captioned action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Edward M. Brown, II, on November 1, 2002, by certified mail, return receipt requested. Attached hereto, marked as Exhibit "A', and incorporated herein by reference is a copy of the return receipt card for said service. METZGER, WICKERSH[AM, KNAUSS & ERB, P.C. By An~'~. Spears,~squire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document it: 245110.1 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Edward M. Brown, II One Kings Court Taneytown, MD 21787 2. Article Number (Transfer from service tabe/) B. Received by ~ Name) from item 17 f YES, enter delivery address below: [] Addressee lyes [] No I 3. Service Type ~ Certified Ivlail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D, 4. Restricted E~livery? (Extra Fee) ~ [] Yes 70993400 0016 0533 13~ PS Form 3811, AugUSt 2001 Domestic Return Receipt Exhibit A , MELISSA J. BROWN, Plaintiff EDWARD M. BROWN, II, · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBER]LAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5185 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 25, 2002, and served upon Defendant on November 1, 2002. Affidavit of Service filed November 7, 2002. 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 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 unswom falsification to authorities. Dated: Edward M. Brow~, II Document #: 260848.1 MELISSA J. BROWN, Vo EDWARD M. BROWN, II, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5185 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3_301(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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: Edward M. Brown, II Document #: 260849.1 MELISSA J. BROWN, EDWARD M. BROWN, II, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 02-5185 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Affidavit of Service filed October 25, 2002, and served upon Defendant on November 1, 2002. November 7, 2002. 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 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 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. Dated: ,~2//~©__~ Melissa J. Brown Document #: 260848.1 MELISSA J. BROWN, Vo EDWARD M. BROWN, II, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5185 CiVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(c) OF TIlE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. division of property, 2. I understand that I may lose rights concerning alimony, 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 lxue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: Melissa J. Brown Document lt: 260849.1 MELISSA J. BROWN, Vo EDWARD M. BROWN, II, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5185 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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(c) of the Divorce Code· Date and manner of service of Complaint: A Complaint in Divorce was filed on October 25, 2002, and served on Defendant, Edward M. Brown, II, on November 1, 2002, by certified mail, remm receipt requested. An Affidavit of Service was filed on November 7, 2002. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code: Plaintiff: Defendant: February 12, 2003, filed February 19, 2003 February 12, 2003, filed February 19, 2003 (b)(1) Date of execution of PlaintiWs Affidavit required by Section 3301(d) of the Divorce Code: NA (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: Filing: NA Service: NA 4. Complete the appropriate paragraphs: Document #: 262304.1 o (a) (b) (c) (d) (a) (b) Related claims pending: None Claims withdrawn: None Claims settled by agreement of the parties: None State whether any written agreement is to be incorporated into the Divorce Decree: N/A Date and manner of service of the Notice of Intention to File Pmecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301 (d)(1)(i) of the Divorce Code: Service: NA Date Plaimiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 19, 2003 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 19, 2003 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaintiff Document it: 262304.1 IN THE COURT Of COMMON PLEAS MELISSA J. BROWN Plaintiff VERSUS EDWARD M. BROWN, II, Defendant Of CUMBERLAND COUNTY NO. 02-5185 CIVIL TERM Decree iN DIVORCE , IT IS ORDERED AND DECREED THAT MELISSA J. BROWN PLAINTIFF, AND EDWARD M. BROWN, II, , DEFENDANT, ARE DIVORCED FrOM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTEST: p J' ROTHONOTArY