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HomeMy WebLinkAbout03-4079TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA :CIVIL ACTION LAW- DIVORCE : : NO. 03- kttF_.) l q~ 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, 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, 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. All 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. TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : :CIVIL ACTION LAW- DIVORCE : NO. 03- CIVIL TERM COMPLAINT The plaintiff, Tawanda U. Brown, by her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c)AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Tawanda U. Brown, who currently resides at 304 North West Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Otis Brown, who currently resides at 114½ North East Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on April, 20, 1996, in Shippensburg, Cumberland County Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since May of 2002. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaimiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. Date Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : :CIVIL ACTION LAW- DIVORCE : :NO. PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Sherif: Kindly allow Tawanda U. Brown, Plaimiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forrna pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date: Respectfully submitted, Certified Legal Intem LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243~2968 TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : :CIVIL ACTION LAW- DIVORCE : NO. 03- 4079 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies that Lara Mammana mailed a true copy of a Divorce Complaint to the Defendant by placing the same in the U.S. Mail, certified no. 7001 2510 0003 4481 6620, restricted delivery, return receipt requested, postage prepaid, on the 22nd, day of August, 2003 addressed as follows: Otis Brown 114 V2 North East Street Carlisle, PA 17013 Sender's receipt no. 7001 2510 0003 4481 6620 is attached hereto and incorporated by reference. On the 6 day of September, 2003, green return receipt no. 7001 2510 00034481 6620 was delivered to the Family Law Clinic, bearing the signature Otis Brown and showing a date of service of September 4, 2003. The return receipt is attached hereto and incorporated by reference. ~~V. 1, 0,UD(~ ~- - Lh~a Mammana Certified Legal ]intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17,013 717-243-2968 Dated: rM I~ ComPle~ Itema t, 2, and 3. Alee i ~ ~lnt your name and ad~ the reverae ~ that w® can tatum the ~ )~u. · Attach this card to the ba~k of the mallpleee, or on the front If ~pace permits. 1. Article Adclre~ t°: D. la dallmy : from Item 17 CIYea If YES, er~r d~lver/addm~ balow: C]No a. sen4oe'ly~e Mall . I-I Exl:~ea~ Mall Memhandbe Ps Form 3811~ ,July 1999 : 13erm~ee,Rel~ ~ TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant 2003. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION LAW- DIVORCE NO. 03- 4079 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 20, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divome 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. Date ~a~anda U. Brown Plaintiff TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA :CIVIL ACTION LAW- DIVORCE : NO. 03- 4079 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI 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. Date: Plaintiff TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION LAW- DIVORCE : NO. 03- 4079 C1VIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 20, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora 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 unsworn falsification to authorities. Date ('~, ~ ~ Otis Brown Defendant TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : :CIVIL ACTION LAW- DIVORCE : NO. 03- 4079 CWIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI 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. Date: Ot~o~~~ Defendant TAWANDA U. BROWN, Plaintiff OTIS BROWN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 1N DIVORCE : NO. 03-4079 CIVIL TERM CERTIFICATE OF SERVICE I, Mary Claycomb Kulp, hereby certify that on this 29th day of December, 2003, I am serving on defendant, Otis Brown, a true and correct copy of the Waiver Of Notice Of Intention To Request Entry Of A Divorce Decree and Affidavit of Consent for plaintiff, Tawanda U. Brown; Waiver Of Notice Of Intention To Request Entry OrA Divorce Decree and Affidavit of Consent for Defendant, Otis Brown; and Praecipe To Transmit Record and Vital Statistics Form by first class U.S. mail to his residence at 114 ½ North East Street, Carlisle, PA 17013. Date Mary ~'liycon)~ Kulp( Certified Legl~l Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 TAWANDA U. BROWN Plaintiff OTIS BROWN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : :CIVIL ACTION' LAW- DIVORCE : NO. 03- 4079 CIVIL TERM PRECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid, Service was complete upon receipt by September 6, 2003. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: Tawanda U. Brown on, December 8, 2003, and by the Defendant: Otis Brown on, December 8, 2003. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: December 29, 2003. Date Defendant's Waiver of Notice was filed with the Prothonotary: December 29, 2003. Date Respectfully Submitted, Mary Clalf~mb Kul~J Certified Legal Intern LUCY JOHNSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE Supervising Attomeys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TAWANDA U. BROWN N o. 4079 2003 DECREE IN DIVORCE AND NOW, DECREED THAT AND TAWANI}A [7_ R~F~WN OTIS BROWN ARE DIVORCED FROM THE BONDS OF MATRIMONY, , IT IS ORDERED AND , 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; NONE BY THE COURT: ATTE'~ST~,~ <~ // PROTHONOTARY