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HomeMy WebLinkAbout03-3500 Andrew c. Sheely, Esquire 127 S. Market street P.O. Box 95 Meohanicsburg, PA 17055 PA ID NO. 62469 717-69'7-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW Defendant 03 - JS~ CIVIL TERM DANA L. BROWN, 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 against you and a decree in 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 with your children. When the ground for the 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, 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ~-V! BY /) ~() {/ Attz~ C. Sheely; ES~ PA. LD. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 FA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW DANA L. BROWN, 03 - .3~()l) CIVIL TERM Defendant IN DIVORCE DIVORCE COMPLAINT 1. plaintiff is KATHY M. BROWN, an adult individual who currently resides at 314 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is DANA L. BROWN, an adult individual who resides at 755 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania. 3. plaintiff and Defendant have been bona fida residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. plaintiff and Defendant were married on October 10, 1976 in Boiling Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. 8. The marriage between the parties is irretrievably broken. 9. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to Plaintiff so as to render her condition intolerable, life burdensome, unhealthy and impossible for a meaningful relationship or reconciliation. 10. This action is not collusive. 11. The parties separated on or about November 21, 2002. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. COUNT II. CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 12. The allegations in paragraphs 1 through and including 11 are incorporated herein and made a part hereof. 13. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts, retirement accounts, retirement assets and insurance policies acquired during their marriage, as well as the increase in value of any non- marital property. 2 14. Plaintiff and Defendant are the owners of real property acquired during their marriage. 15. Plaintiff and Defendant have acquired various marital debt during the period of their marriage. 16. Defendant knowingly dissipated marital assets following separation. 17. Defendant's inability and/or refusal to work is self- inflicted. WHEREFORE, Plaintiff requests your Honorable Court equitably distribute marital property, including marital debt, and including any such further relief as the Court may determine equitable and just. Respectfully submitted, Date: JULY 2.5, 2003 ~ uS) Andrew C. Sheely, E Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 3 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: JULY 23, 2003 K?}/. ~V7ux../ Kath;Vl'r1 Brown Andrew C. Sheely, esquire 127 S. Market Street P.o. Box 95 Mechanicsburg, PA 17055 PA 1D NO. 62469 717-697-7050 (phone) 717-697-7065 (FaX) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY M. BROWN, vs. CIVIL ACTION - LAW DANA L. BROWN, 03 - CIVIL TERM Defendant IN DIVORCE AFFIDAVIT Kathy M. Brown, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. K~!!~/X-/ lJ ~ ~ t ~ 8 -l:: "- o P' tv () n -lQ. '- RJ..o op S8 t r '9 , Andrew c. Sheely, Esquire 127 S. Market street P.O. BoX 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717_697_7065 (Fax) KATHY M. BROWN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW DANA L. BROWN, 03 - 3500 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, John C. porter, Esquire, hereby accept service of the divorce complaint on behalf of Dana L. Brown, Defendant, and further certify that I am authorized to do so in accordance with PA. R.C.P No. 402 (b). Date: July l~, 2003 Jo n C. porter, Esquire 61 West Louther Street Carlisle, PA 17013 717-249-1177 o c: ;s: "Oce fTin 2:t; Z,; (r.)" -::: ""'~ ~c Pc-" 2> :-:;;Q (-- 2: ~ 1'~,1lIo '3 ~..) .:....., ()') ~ -< KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA v. NO. 03-3500 CIVIL TERM DANA L. BROWN, Defendant CIVIL ACTION-LAW IN DIVORCE APL HEARING DEMANDED 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 ofthe Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 South Bedford St. Carlisle, P A 17013 (717) 249-3166 OR (800) 990.,9108 KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA v. NO. 03-3500 CIVIL TERM DANA L. BROWN, Defendant CIVIL ACTION-LAW IN DIVORCE APL HEARING DEMANDED DEFENDANT'S ANSWER TO DIVORCE COMPLAINT AND COUNTER CLAIM I. Agreed. 2. Agreed. 3. Agreed. 4, Agreed, 5. Agreed. 6. Agreed. 7. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or veracity of this paragraph and the averments contained within. 8. Denied. 9. Denied. 10. Agreed. II. Agreed. COUNT II 12, Paragraphs I through 11 of this Answer and Counterclaim are incorporated herein by reference as though set forth in full. 13. Agreed. 14. Agreed. 15. Agreed, 16. Denied. 17, Denied. COUNTER CLAIM COUNT I - ALIMONY PENDENTE LITE AND ALIMONY 18. Paragraphs I through 17 of this Answer and Counter Claim are incorporated herein by reference as though set forth in full. 19. Plaintiff abandoned Defendant, her spouse, 20. Plaintiff avoided Defendant's reasonable attempts to discuss marital finances. 21. Plaintiff ignored her duty to support Defendant. 22. Plaintiff ignored her duty and responsibility for debt acquired during the marraige. 23. Defendant has experienced a period of unemployment. 24. Defendant is disabled and unable to work. 25. Defendant believes Plaintiff earns higher wages than Defendant. 26, Defendant requires reasonable support to maintain his standard of living as established during the marriage. WHEREFORE, Defendant requests this Honorable Court to set a date for a hearing to enter an award of alimony pendent lite until final hearing and thereafter to enter an award for alimony. COUNT II - COUNSEL FEES AND COSTS 27. Paragraphs 1 through 26 of this Answer and Counterclaim are incorporated herein by reference as though set forth in fulL 28. Defendant has retained John C. Porter, Attorney at Law and requires assistance to pay the necessary and reasonable attorney fees for said counsel, as well as assistance to pay court costs. WHEREFORE, Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional SUlllS hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary ~md appropriate. Respectfully submitted, ~p~y~ Counsel for Defendant PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, P A 17013 717-249-1177 VERIFICATION I, Dana L. Brown, verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. A u. ~I\J,S+ d ~oclJ Date ~~~ ~~0 4-~ Defendant, Dana L. Brown ): ~ (\~ - - ~ ~ 0 C-t ~ ..() "" \ c...J -{ n c ~ -r1,", rrl6: ~?' (6:; -<.' r:;..: \" . ~~~ ~ ~? ,~ .::~) I o~) '''.', Ul I 't> :J) -< KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA v. NO. 03-3500 CML TERM DANA L. BROWN, Defendant CIVIL ACTION-LAW IN DIVORCE APL HEARING DEMANDED CERTIFICATE OF SERVICE I, John C. Porter, Counsel for the Defendant, Dana L. Brown, hereby certify that true and certified copy of Defendant's Answer to Divorce Complaint and Counterclaim in the above captioned case was served upon Andrew C. Sheely, Esquire, Counsel for the Plaintiff, Kathy M. Brown, in the following manner: First Class Prepaid Postage to Andrew C, Sheely Attorney at Law 127 S. Market Street P.O. Box 95 Mechanicsburg, P A 17055 on this 8th day of August, 2003. ~C.r~ Jooo C. Porter, Esq. Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, P A 17013 717-249-1177 0 0 0 ~; G.' " " boo ""t-' C. -n rn '::';') Z , -. z ; G,) ; '.. ~. ill ,L. -< : r-i "":" i", ~ -'1 2>., - (''5 ~( ~) ':3 en ~c:' ~ -'1 :.n :D -, N -< v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION DANA L. BROWN, Plaintiff KATHY M, BROWN, Defendant PACSES NO, 932105598 DOCKET NO. 561 SUPPORT 2003 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION KATHY M, BROWN, Plaintiff DANA L. BROWN, Defendant PACSES NO, 854105721 DOCKET NO. 03-3500 CIVIL INTERIM ORDER OF COURT AND NOW, this, Jill day of September, 2003, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Wife shall pay to the State Collection and Disbursement Unit for transmission to the Husband as spousal support the sum of $146.00 per month. B, The effective date of this order is August 17, 2003, C. In the event that the Husband is determined to be eligible for medical assistance, he shall notify the Domestic Relations Section and the Wife within 72 hours of said determination, The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910, 12(f), Pa, RC.P, If written exceptions are filed by any party, the other palrty may file exceptions within ten (10) days of the date of service of the original exceptions, If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. Cc: Dana L. Brown Kathy M. Brown John C, Porter, Esquire For the Plaintiff Andrew C, Sheely, Esquire For the Defendant DRO v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION DANA L. BROWN, Plaintiff KATHY M, BROWN, Defendant PACSES NO. 932105598 DOCKET NO. 561 SUPPORT 2003 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION KATHY M. BROWN, Plaintiff DANA L. BROWN, Defendant PACSES NO. 854105721 DOCKET NO. 03-3500 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on September 8, 2003, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Dana L. Brown, who resides at ~r55 Mount Rock Road, Carlisle, Pennsylvania, 2, The Defendant is Kathy M. Brown, who resides at 314 Old Stonehouse Road, Boiling Springs, Pennsylvania,1 3, The parties are husband and wife, having married on October 10,1976, 4. The parties separated on November 13, 2002 when the Wife moved from the marital residence. 5, In November, 2002 the Husband was employed by Corning Frequency Control earning approximately $324.00 gross per week, 6. Because of frequent forced furloughs the Husband's income for 2002 totaled only $8,757.00, 7. The Husband was laid-off by Corning Frequency Control at the end of December, 2002, I The parties will hereafter be referred to as "the Husband" and "the Wife," EXHIBIT II 'A" 8, In early 2003 the Husband began receiving uneimployment compensation benefits of $180,00 per week. Said benefits were reduced to $137,00 per week in July, 2003. 9, The Husband suffers from a deterioration of his hip joints, 1 O.ln February, 2003 the Husband applied for social security disability benefits. 11. On July 26, 2003 the Social Security Administration issued its determination that the Husband was entitled to disability benefits of $950,00 net per month effective April, 2003,2 12. The Husband's last unemployment compensation check was paid on August 16, 2003, He is no longer eligible for said benefits, 13. The Husband has expenses for prescribed medication of approximately $113,00 per month. 14, The Husband has no medical insurance, 15. The parties' 23 year old son resides with the Husband. 16. The parties' son provides various services for the Husband to include personal care, transportation, home maintenance, cooking and shopping and makes nominal contributions to household expenses, 17.The Wife is employed as a custodian by Mechanicsburg Area School District where she earns $666.46 gross bi-weekly, 18. The parties had a balance on joint credit cards in excess of $24,000.00 at the time of separation. 19. The Wife filed an action for divorce in which thl3 Husband filed a claim for alimony pendente lite. DISCUSSION A dependent spouse is entitled to spousal support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa, Super. 1993), The party seeking to nullify the duty to pay spousal support bears the burden of proving 2 Althougb the montbly payments for April tbrougb June were initially withheld by the Administration, they have since been paid to the Husband, 2 conduct on the claimant's part by clear and convincing evidence, Hoffman v. Hoffman, 762 A.2d. 766 (Pa, Super. 2000), While the testimony revealed that the parties did argue prior to the separation, the Wife's testimony fell far short of establishing conduct on the part of the Husband that would constitute grounds for a fault divorce. The Wife complained more about the conduct of her son than that of her Husband, She has failed to nullify her duty to pay spousal support based on the Husband's conduct. The Husband's income when he filed his complaint consisted of unemployment compensation benefits of $137.00 per week and social security disability benefits of $950.00 net per month, On August 16, 2003, the unemployment compensation benefits terminated. During the period of time that the Husband received both unemployment compensation benefits and social security disability benefits, his net monthly income was $1,544,00,3 His net monthly income decreased to $950.00 effective August 17, 2003, The Wife has gross bi-weekly income of $666.46 or $1 ,444.00 per month. Filing her federal income tax return as married/separate, her net monthly income is $1,189,00,4 Because the Husband's net monthly income exceeded that of the Wife from the date of the filing of his complaint through AU~lust 16, 2003, there is no obligation for spousal support during that period of time. Effective August 17, 2003 the Wife's support obligation is calculated pursuant to the formula set forth in Pa. R.C.P. 1910.16-4(a) to be $95.49 per month,5 A support order calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted by evidence that the guideline amount is unjust or inappropriate under the circumstances of the case, Landis v, Landis, 691 A.2d. 939 (Pa, Super. 1997), The Husband testified that he had medical expenses not covered by insurance of approximately $113,00 per month, This is a factor for consideration by the trier of fact in determining whether to deviate from the guidelines.6 A recommendation will be made for a deviation increasing the Wife's support obligation to $146,00 per month effective August 17, 2003.7 J Unemployment compensation benefits of$137.00 per week would result in no federaL state or local tax or FICA liability, 4 See Exhibit "A" for the deductions from gross income. 5 See Exhibit "B" for the calculation. 6 See Pa, R,C.P, 1910,16.5(b)(6), 7 Tbe Wife's proportionate share of the Husband's monthly medical expenses whicb exceed $250,00 per year has been added to the guideline figure, In the event that the Husband qualifies for any type of medical assistance, this will constitute a material and substantial change of circumstances that would justify a modification in the order. 3 The Husband is precluded from receiving both spousal support and alimony pendente lite simultaneously8. Consequently his claim for alimony pendente lite is denied. RECOMMENDATION A, The Wife shall pay to the State Collection and Disbursement Unit for transmission to the Husband as spousal SUPPOlrt the sum of $146.00 per month, 8, The effective date of this order is August 17, 2003, C, In the event that the Husband is determined to be eligible for medical assistance, he shall notify the Domestic Relations Section and the Wife within 72 hours of said determination, ~'-M~ '"", .:2.0(;3 Dat ~w-~c)iLIL~ Michael R. Rundle Support Master 8 Pa, R,C,P, 1910,16-1(c), 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Tax Year: Dana L Brown Kathy M. Brown 561 S 2003 932105598 1, Fling Status 1 $593,67 2, Who Claims the Exem tions 3, Number of Exemptions 4, Monthl Taxable Income 5, Deductions Method 6, Deduction Amount 7, Exem tion Amount 8, Income MINUS Deductions and Exem tions 9, Tax on Income 10. Child Tax Credit 11, Manual Ad'ustments to Taxes 12, Federal Income Taxes 12 a, Earned Income Credit 13, State Income Taxes 14, FICA Pa ents 15, City Where Taxes Apply $395,83 $395,83 $254.17 $254.17 $794,00 -$56,33 $89,93 $89,93 $40.43 $110.47 --Select-- TOTAL Taxes $14.44 $255.27 16, Local Income Taxes supportealc 2003 - T EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State 10 Number: Dana L Brown Kathy M, Brown 561 S 2003 932105598 1. Obli or's Monthl Net Income $1,188,73 2. Less All Other Su art 3. Less Obli ee's Monthl Net Income $950.00 $238.73 4. Difference 5. Less Child Su $238.73 6. Difference 40,00% 7. Multi I b 30% or 40% $95.49 9. Ad'ustment for Other Ex enses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $95.49 Date: 91 8/2003 SupporlCalc 2003 . T EXHIBIT liB" U_' c:' c c- If) -:-:J C'-~ ,. <.j .)- ~< ..:; ',~) <( ~?: <"~ ==3 (jJ -., ~~~ _:~ ~,~J ~ ::3 o c.. Ll,"; V-:' ,....) c:) . . . ' KATHY M. BROWN Plaintiff v. DANA L. BROWN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 03-3500 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE !, John C. Porter, Counsel for the Defendant, Dana L. Brown, hereby certify that a true and correct copy of the Motion For Appointment of Master in the above captioned case was served upon Plaintiffthtough her Attorney, in the following mamler: First Class Prepaid Postage to Andrew C. Sheely, Esquire 127 S. Main Street Mechanicsburg, P A 17055 on this ~ day of December, 2003. ~L/(k- fuhl C. Porter, Esq. Counsel for Defendant PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, P A 17013 717-249-1177 .. '. ViNIf/\1,t.8NN3d ,U^!llfYI (1!.~ifI';"jqiM"O I' ~ '... '.,' ......J...,.r '" , 91 :Z /./d IS 330 EGOl Ab1110NOH10!:id 3HJ. .:10 3JC1:10-Q311.:J , . KATHY M. BROWN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DANA L. BROWN Defendant 03-3500 CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER - DISTRIBUTION OF PROPERTY 1;; I /J J',. _ AND NOW, this Jlf~ dayof~- 200..3, C. /Z-w f}, " II' . ~~ , Esquire, is appointed Master with respect to the following claim: ( x) Distribution of Property ( x) Alimony ( x) Counsel Fees ( x) Costs and Expenses TRUE COpy FROM RECORD m Til3timooy whef~gf. I here lPro sot my Mnd ,.".j tnl! so.;;:l III said Coo., <Ii Ciittls6o, P'd. l.hiS It)., A~Y !1lt:;/~. : ~ I Protl1ono1alV By The Court: .Is! ~~I- !! ,IJ./l-' J J. MOVING PARTY NON-MOVING PARTY Dana L. Brown Kathy M. Brown Attorney: John C. Porter Andrew C. Sheely 61 West Louther Street 127 South Market Street Carlisle, PA 17013 Mechanicsburg, P A 17055 (717) 249-1177 (717) 697-7050 " ' KATHY M. BROWN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DANA L. BROWN Defendant 03-3500 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant, Dana L. Brown, moves the court to appoint a master with respect to the following claims: ( ) Divorce (x ) Alimony (") ....., = 0 c: = ., ?' ..... ... .-1 r," 0 Pl ~ fil :0 " ,- -urn '-D ,g? >1cJ c "'"'(-, f:)~1~ - c' -. (~, Z',jfTl ="4 )~ -< :..J en -. ( ) Annulment ( ) Alimony Pendente Lite (x ) Distribution of Property ( ) Support (x ) Counsel Fees (x ) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the'c1aims for which appointment of a master is requested, (2) The non-moving party has appeared in the action by her attorney, Andrew C. Sheely, Esquire, " (3) The statutory grounds for divorce, as alleged in Plaintiffs Complaint are ~~ 3301 (a)(6) and 3301(c). (4) The action is contested with respect to the following claims: Distribution of Property, Alimony, Costs and Expenses, Counsel Fees, and the Fault Ground for Divorce. (5) The action does not involve complex issues oflaw or fact. (6) The hearing is expected to take 4 hours, (7) No additional information relevant to the motion exists, Date: 11.. ~ 103 ~,hW\ C. RK- f John C. Porter, Esq. Counsel for Defendant PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 FA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY M. BROWN, vs. CIVIL ACTION - LAW DANA L. BROWN, 03 - 3500 CIVIL TERM Defendant IN DIVORCE TO: Curtis R. Long, prothonotary One Courthouse Square Cumberland County Courthouse carlisle, pa 17013 PRAECIPE TO WITHDRAW COUNT II OF DIVORCE COMPLAINT Kindly withdraw Count II entitled "Claim for Equitable Distribution of Marital Property" from the Divorce Complaint docketed to the above-captioned matter. Respectfully submitted, BY October 17, 2005 Andrew C. She , PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff ,,;:--- -(, \"-) c-:;) Ce'..) .;;:J't a (~ -I 0::> 7) C') t- Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DANA L. BROWN, 03 - 3500 CIVIL TERM Defendant IN DIVORCE TO: Curtis R. Long, Prothonotary One Courthouse Square Cumberland County Courthouse Carlisle, pa 17013 PRAECIPE TO WITHDRAW COUNTS I AND II OF THE COUNTERCLAIM FILED IN ANWER TO THE DIVORCE COMPLAINT Kindly withdraw Count I of the Counter Claim entitled "Alimony Pendente Lite and Alimony" and withdraw Count II of the Counter Claim entitled "Counsel fees and costs" from the Answer to the Divorce Complaint docketed to the above-captioned matter. BY Respectf~sUb 'tted, A drew H. Shaw, Esquire 61 West Louther Street Carlisle, PA 17013 717 249-1177 Attorney for Defendant Date: October;21 , 2005 f"~" ~F",,""":'J C-i l _,-' -~ ~ .~.J -"; ,-" /----- KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 03 - 3500 CIVIL DANA L. BROWN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ol {/ 17, day of //c(~ 6l-IA.-I 2005, the economic claims raised in the proceedings having been withdrawn by praecipe filed on October 17, 2005, by the Plaintiff, and October 21, 2005, by the Defendant, and the parties having filed affidavits of consent and waivers of notice of intention to request entry of divorce decree, there being no matters, therefore, pending before the Master, the appointment of the Master is vacated. BY THE COURT, /)",'., / 1,1;: I .' . , ., ~'. . .'; Geor cc: ~rew C. Sheely Attorney for Plaintiff ~ew H_ Shaw ~\ Attorney for Defend~nt c0( :~ {Af~ ,05 ,O'f-li ...,;' ( I'. , q ,1_ - ~ Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, FA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff vs. DANA L. BROWN, Defendant TO: Curtis R. Long, Prothonotary One Courthouse Square Cumberland Countv Courthouse Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03 - 3500 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW COUNTS I AND II OF THE COUNTERCLAIM FILED IN ANWER TO THE DIVORCE COMPLAINT Kindly withdraw Count I of the Counter Claim entitled "Alimony Pendente Lite and Alimony" and withdraw Count II of the Counter Claim entitled "Counsel fees and costs" from the Answer to the Divorce Complaint docketed to the above-captioned matter. Date: October,;2/ , 2005 BY Respectfully su~tted' Jb-l~c 61 West Louther Street Carlisle, PA 17013 717 249-1177 Attorney for Defendant (-'I c- "'.') :'.,,;) --I I.; ,; f.,.) ..,.., 1-",_', c; Andrew C. Sheely, EBqui~e 127 S. Market St.reet P.O. Box 95 Mechanicsburg, PA 17055 PA 10 NO. 62469 717-697-7050 (?hone) 717-697-7065 (:'c-1X) KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DANA L. BROWN, 03 - 3500 CIVIL TERM Defendant IN DIVORCE TO: Curtis R. Long, Prothonotary One COtl.!:"thouse Square Cumberland County Courthouse Carlisle, pa 17013 PRAECIPE TO WITHDRAW COUNT II OF DIVORCE COMPLAINT Kindly withdraw Count II entitled "Claim for Equitable Distribution of Marital property" from the Divorce Complaint docketed to the above-captioned matter. Respectfully submitted, BY October 17, 2005 Andrew C. Sheely, uire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew c. sheely, Esquire 127 s. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DANA L. BROWN, 03 - 3500 CIVIL TERM ~o c:.:J C;J <:;,...., CJ .-) '::-.., ~ ;:1 Defendant IN DIVORCE -,-. AFFIDAVIT OF CONSENT I"'-J en 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 23, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ~ -;) t -CJ-S /{rd;;B!2~~~ ~ .--~> ~v '" .- "',", '.. .~.'~. Andrew C. sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (FaX) KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- LAW DANA L. BROWN, 03 - 3500 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (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 decree 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: j - ~Y-Os' ;Jl~ 6'~ .,-. <5'"' ~/ V ------~---- c' -:-:' :'::1 ;",.! ----~"." - Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA 10 NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DANA L. BROWN, 03 - 3500 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 23, 2003. I acknowledge that my attorney accepted service of the divorce complaint on my behalf on July 24, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE:~I ).,>105" (J~?I ~~ Dana L. Brown ~$(')- ., .-" _.......>< ..,.,-"'''''_.." Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA IO NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. CIVIL ACTION - LAW DANA L. BROWN, 03 - 3500 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (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 decree 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: 9/?5)oS' I I O~;J' ~~ Dana L. Brown \'-.\ ~"~t~ -v'/ (), KATHY M. BROWN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DANA L. BROWN, 03 - 3500 CIVIL TERM Defendant 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (C) of the pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Acceptance of Service by counsel filed July 24, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the pennsylvania Divorce Code: by plaintiff on September 28, 2005 and by Defendant on September 23, 2005. (b) (1) Date of execution of the Section 3301 (d) of the Divorce Code: filing and service of the plaintiff's respondent: Not applicable. affidavit required by Not applicable: (2) Date of affidavit upon the 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not a1?plicable (b) Date Plaintiff's Waiver of NoT<t'ce in Section 3301 (C) was filed with the Prothonotary. October !~ ' 2005. , Date Defendant's Waiver of Notice in Section Divorce was filed with the prothonotary. October IV 3301 (C) 2005. d~0:2 ire Attorney for Plaintiff tr' r. . 0 ,-..> 0 <'" c.:-: c::::';) .., c.t1. --'? .-.1" , '0 _--1'\ , ..::. f'1"lr:~ _r1\"i1 \ -{:;C;) N ~'~2c) ....0 -(. :\; ,:-,,) (~'1 ;(:^\h r:~? ~;:'-\ 'cb -' .-<. . . . . . :f.<+:"''f. .. . . 'f. 'f.'+''f.'f.'t: :tie+: :+' :+; . . . ~ 'f. ~ + 'f.;t,:+: 'f . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . . . . . . . . . . . . . . . . . . . OF CUMBERLAND COUNTY PENNA. STATE OF KATHY M. BROWN, 03 3500 PLAINTIFF No. . . . VERSUS DANA L. BROWN, CIVIL ACTION - LAW IN DIVORCE DEFENDANT . . . . . . . DECREE IN . . . . . . . . . . . . DIVORCE N I? \, I .....,t., ~ 2005 , IT IS ORDERED AND AND NOW, 10 KATHY M. BROWN . . . . . . . . . . DECREED THAT , PLAINTIFF, DANA L. BROWN , DEFENDANT, AND 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; . . . . . . . . . . NONE . . . . . . . . . . . . . . . . . :t'~ 'f. 'f Of ATTE :(Jh~ PROTHONOTARY :t''f.'f.'+' :+:;f 'f. :+'f.:t:'f 'f'+''f. 'f. 'f +'f +++'f++:t''f.~:t' . :of. '+ + Of;+' .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . '+':+:.., ++ ~ t: p;p jir;'J77LJ/ . ~ ~ :2 ~ /,-~?z.-, _>c?- hl,;/ ~/J:'> ?- ~ /6.,7 /!'f) _s: (} . /71 II " ,. Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DANA L. BROWN , 03 - 3500 CIVIL TERM Defendant IN DIVORCE TO: Curtis R. Long, Prothonotary One Courthouse Square Cumberland County Courthouse Carlisle, Pa 17013 PRAECIPE TO WITHDRAW COUNTS I AND II OF THE COUNTERCLAIM FILED IN ANWER TO THE DIVORCE COMPLAINT Kindly withdraw Count I of the Counter Claim entitled "Alimony Pendente Lite and Alimony" and withdraw Count II of the Counter Claim entitled "Counsel fees and costs" from the Answer to the Divorce Complaint docketed to the above-captioned matter. Date: October~1 , 2005 BY Respectf~sUb "tted, A rew H. Shaw, Esquire 61 West Louther Street Carlisle, PA 17013 717 249-1177 Attorney for Defendant c ~ ....." = = c..-. o -n --I ,.-,-- a r,', , C'? fil 0: ._.~~ T' ~! ~~-; '1:.' l"J.Tf': ::E :J: ~ 'II r' ;<,-:. > ""lj'l'i7=, ~ -,~:.::- -< ::~S1~: ~ :;j;~;~ ~; ':e,.-_ .-<: -:>,.. ao "'~ ('5< ~i::b ...... Om ,];0' rOo' - ::-1 ~.:': S5 :..;:J N =< - Q:) 6gql