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Home My WebLink About07-3138A Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DAVID A. BROWN, V. Plaintiff ROBERTA K. BROWN, 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 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 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 THE 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, 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 MAY BE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.67 - 313P CIVIL TERM CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DAVID A. BROWN, Plaintiff V. ROBERTA K. BROWN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07- 913,' CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, David A. Brown, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Roberta K. Brown: 1. The Plaintiff is David A. Brown, an adult individual, residing at 133 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Roberta K. Brown, an adult individual, residing at 103 N. 20th Street, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on October 5, 1974 in Harrisburg, Dauphin County, Pennsylvania. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. . 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken. 8. The parties have been separated since May 23, 2006. 9. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. COUNT H - EQUITABLE DISTRIBUTION 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 12. The parties may, but have not yet reached an agreement regarding equitable distribution. Should they successfully reach a private agreement in the future, Plaintiff requests that the agreement be incorporated into any Decree later entered by this Honorable Court. WHEREFORE, the Plaintiff, David A. Brown, respectfully requests that your Honorable Court equitably divide the marital assets. JOHNS IE, STEWART & WEIDNER elissa Peel Greevy :297854 0. VERIFICATION I, David A. Brown, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: OR407 David A. wn Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. BOX 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DAVID A. BROWN, Plaintiff V. ROBERTA K. BROWN, Defendant AFFIDAVIT CIVIL ACTION - LAW IN DIVORCE DAVID A. 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. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's 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 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. Date: David IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 31-37 CIVIL TERM N W ccn ?d 1 T, - rr<} rti ? Cj `i7 ? J a Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DAVID A. BROWN, Plaintiff V. ROBERTA K. BROWN, Defendant RETURN OF SERVICE The undersigned makes the following return of service: NO. 07-3138 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE The Complaint in Divorce was mailed to the Defendant, Roberta K. Brown, on May 30, 2007, at 103 N. 20th Street, Camp Hill, Pennsylvania. X A copy of the signed return receipt indicating service was completed on June 4, 2007, is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service 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. Date: 1? V JOHNS, DUFFI , STEWART & WEIDNER Melissa Peel Greevy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :297854:8 (" / U.S. Postal ServiCE! L.n CERTIFIED MAI L . . RECEIPT m Momestic Mail only; No in . surance Covera e Provided) U1 OFFIC IAL U 0 r- Postage s 10E PfN CO Certified Fee ?0 O Retum Reolept Fee v P y O (Endorsement Required) He O -D ru ReatrlcDSd Delivery Fee (Endorsement Required) C m Total Postage & Fees $ Oq M r, - ----- - ------- 48??14C T4 K• ?k'a?,r?,c {+, ,040} 163 Al., sr CAMP 4 Y) f- /T Ile% PS Foon 3M 1, 7003 2260 0007 0544 'q454 o r>b ?* n L ? Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com DAVID A. BROWN, Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3138 CIVIL TERM V. ROBERTA K. BROWN, CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 23, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce with out notice. 2. 1 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. 1 1 3. 1 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 above 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. ROBERTA K. BROWN, Defendant :339864 C:; ?=;.? t ? ?=:;? ? :;? ? ? F.) ? ...? i 4 t ?' t i ti7 f V ? • Imo} I. Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Plaintiff DAVID A. BROWN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.07-3138 CIVIL TERM V. ROBERTA K. BROWN, CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 23, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 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 with out notice. 2. 1 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. r 3. 1 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 above 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. Date: 2" DAVID WN, Plaintiff :339864 fil IrTI, N I Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Plaintiff DAVID A. BROWN, Plaintiff V. ROBERTA K. BROWN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3138 CIVIL ACTION 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: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served on June 4, 2007 via certified mail, restricted delivery. 3. Complete either Paragraph A or B A. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff on August 19, 2008; by the Defendant on August 7, 2008. B. Date of service of the Plaintiff's affidavit upon the Defendant: , 2008. 4. Related claims pending: Custody; None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (c) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on August 19, 2008, and is filed herewith. Waiver of Notice signed by Defendant on August 7, 2008, and is filed herewith. JOHNSON, DOFFIE, STEWART & WEIDNER By: Peel Greevy :339866 Cam. ? N r 77 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DAVID A. BROWN, Plaintiff V. ROBERTA K. BROWN, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Plaintiff, David A. Brown, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation for the entry of "Domestic Relations Order". The Honorable J. Wesley Oler, Jr. signed the Decree in Divorce in this matter. The undersigned represents that Defendant's counsel concurs with this Motion. Respectfully submitted, JOHNSQ, DUHFIE, STEWART & WEIDNER Date: JunL94,09 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3138 CIVIL TERM Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff CERTIFICATE OF SERVICE i? AND NOW, this day of June, 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 W. High Street Carlisle, PA 17013 JOHNSON,;YdFFIE, STEWART & WEIDNER Peel Greevy :366287 A ' DAVID A. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3138 CIVIL ACTION V. CIVIL ACTION - LAW ROBERTA K. BROWN, Defendant IN DIVORCE STIPULATION AND AGREEMENT FOR AN APPROVED DOMESTIC RELATIONS ORDER The parties, David A. Brown, Plaintiff, and Roberta K. Brown, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Roberta K. Brown (hereinafter referred to as "Member"), is a Member of the Commonwealth of Pennsylvania Public School Employees' Retirement System. 2. The Public School Employees' Retirement System (hereinafter referred to as "PSERS"), as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa. C-S. §5 8101 et. seq., ("Retirement Code") 3. The Member's date of birth is March 30, 1950, and Social Security Number is 181-42-9070. 4. The Plaintiff, David A. Brown (hereinafter referred to as "Alternate Payee"), is the former spouse of the Vember. The Alternate Payee's date of birth is December 24, 1947, and Social Security Number is 195-38-8635. 5. The last known mailing address of the Member is 441 Delancy Court, Mechanicsburg, PA 17055. 6. The last known mailing address of the Alternate Payee is 113 W. Locust Street, Mechanicsburg, Pennsylvania 17055. It is the responsibility of the Alternate Payee to keep a current mailing address on file at all times with PSERS. 7. 0.00 % of the marital property component of Member's retirement benefit is to be allocated to Alternate Payee. 8. The normal term and amount of Member's retirement benefit payable to Alternate Payee after PSERS approves this Order are dependent upon which option(s) is (are) selected by Member at retirement. Member and Alternate Payee expressly agree that the Alternate Payee shall remain the sole survivor annuitant and the Member is prohibited from any option selections that will reduce benefits payable to the Alternate Payee. 9. - -Atte"iete Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for accounts paid to each. 10. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. The Alternate Payee is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits by PSERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by PSERS not granted to Alternate Payee are preserved for Member. 11. It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: a. Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code: b. Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to the Member based upon cost of living or increases based on other than actuarial values. 12. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as an Approved Domestic Relations Order. r •y i 13. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. 14. Upon entry as a Domestic Relations Order, a certified copy of this Order and any attendant docanwoft shall be served upor! PSERS immediately. The DGrrzstic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of Court. DATED: CONSENTED TO: `1Qe-Lea,. K Defendant and Member Witness :365752 JUN 1 1 2009 OF THE 2009 JUN 15 JUN 16 20090 DAVID A. BROWN, V. ROBERTA K. BROWN, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3138 CIVIL TERM Plaintiff ORDER CIVIL ACTION - LAW IN DIVORCE AND NOW, this day of zut1 1 _ , 2009, the attached Stipulation and Agreement of the parties in this case is incorporated this Order of the Court. J. WQ sley Oler, J J. FiI Cra; ?-H E 2009 JEAN 1 I Aid 11: 39 CUa1;? 4r: , "uNTY 1 `4!?/61 - t.: opf'ES rnat LCL4 )Wk( 0. t M - ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVID A. BROWN ?i N O. 07-3138 CIVIL TERM VERSUS ROBERTA K. BROWN DECREE IN DIVORCE AND NOW, 6ewf, 10 , 2008 , IT IS ORDERED AND DECREED THAT DAVID A. BROWN AND ROBERTA K. BROWN ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; PROTHONOTARY ?? '? ., ? . .? .. `.F