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HomeMy WebLinkAbout08-2777Michael M. Jerominski, Esquire Attorney ID No. 92977 Foreman, Foreman & Caraciolo, P.C. 112 Market Street, 6`b Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile michael@ffclaw.net Attorneys for Plaintiff JEROME BROWNAWELL IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. SHIRLEY ANN BROWNAWELL Defendant NO. b$ - x71'1 Civil im CIVIL ACTION-LAW 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, Domestic Relations Section, 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. 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 LAWYER REFERRAL SERVICE 32 S. BEDFORD ST. CARLISLE, PA 17013 (717) 249-3166 Michael M. Jerominski, Esquire Attorney ID No. 92977 Foreman, Foreman & Caraciolo, P.C. 112 Market Street, 6`h Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile michael@ffclaw.net Attorneys for Plaintiff JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNAWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW IN DIVORCE NOTICIA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n pronto. Le advierten que que si usted no puede hacer asi pues, el caso puede proceder sin usted y un decreto del divorcio o de la anulaci6n se puede entrar contra usted por la corte. Un juicio se puede tambi6n incorporar contra usted para cualquier otra demanda o relevaci6n pedida en estos papeles por el demandante. Usted puede perder el dinero o la caracteristica u otra endereza importante a usted, incluyendo custodia o el visitation de sus ninos. Cuando la tiers pars el divorcio es indignidades o interrupci6n irrecuperable de la uni6n, usted puede solicitar el asesoramiento de la uni6n. Una lista de los consejeros de la uni6n esta disponible en la oficina del Prothonotary, secci6n dom6stica de las relaciones, palacio de justicia del condado de Cumberland, Carlisle, Pennsylvania. SI USTED NO ARCHIVA Una DEMANDA PARA Los ALIMENTOS, La DIVISIbN De la CARACTERISTICA, De los HONORARIOS Del ABOGADO O De los COSTOS ANTES De un DIVORCIO O De una ANULACION SE CONCEDE, USTED PUEDE PERDER La DERECHA DE DEMANDAR CUALESQUIERA De ELLOS. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO NI PUEDE PERMITIRSE UNO, VAYA A O LLAME POR TELEFONO LA OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACI6N SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de ]a OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD ST. CARLISLE, PA 17013 (717) 249-3166 Michael M. Jerominski, Esquire Attorney ID No. 92977 Foreman, Foreman & Caraciolo, P.C. 112 Market Street, 6`h Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile michael@ffclaw.net Attorneys for Plaintiff JEROME BROWNAWELL Plaintiff, v. SHIRLEY ANN BROWNAWELL Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 0 F- x77'7 CIVIL ACTION-LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Jerome Brownawell, by and through his attorneys, Michael M. Jerominski, Esquire and Foreman, Foreman & Caraciolo, P.C., and makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Jerome Brownawell, is an adult individual who currently resides at 196 Shed Road, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant, Shirley Ann Brownawell, is an adult individual who currently resides at 128 Darr Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married by formal ceremony on March 13, 2007 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. i 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff, Jerome Brownawell, respectfully requests this Honorable Court to enter a decree of divorce in this matter; and the Plaintiff further requests the Court to incorporate any Stipulation/Agreement reached by the parties regarding the division of marital property into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. FOREMAN, FOREMAN & CARACIOLO, P.C. Date: Li I vi MICHAEL M. JEROMINSKI, ESQUIRE 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391, I.D. #92977 Attorneys for Plaintiff Michael M. Jerominski, Esquire Attorney ID No. 92977 Foreman, Foreman & Caraciolo, P.C. 112 Market Street, 6`h Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile michael@ffclaw.net Attorneys for Plaintiff JEROME BROWNAWELL IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. SHIRLEY ANN BROWNAWELL CIVIL ACTION-LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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: i/ _641 Signature: ROME BROWNAWELL, Plaintiff 70 C? ?6a su, O W 00 T ; 00 °aJ J a ? r ` ' - _ am. . h ? 47-1 V ., Marlin L. Markley, Esquire Attorney ID No. 84745 Foreman, Foreman & Caraciolo, .C. 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile marlin®ffclaw.net JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF SERVICE I hereby certify captioned matter was by Certified Mail, a true and correct copy of the Complaint in the above to the parties as listed below, on the 6th day of May, 2008, Receipt Requested, Postage Prepaid and addressed as follows: Shirley Ann Brownawell 128 Darr Avenue Carlisle, PA 17013 Respectfully submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. Date: 411012001 MarlifftL M rkley, Esquire Attorney I No. 84745 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Attorney for Plaintiff v v 0 ii CO w j j N A t t t W OF ?NE' PPP ,J-)\ 0TARY 2009 APR 14 PH 2: l N.tii^.y ya JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNAWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, comes the Plaintiff, Jerome Brownawell, by and through his attorneys, Foreman & Caraciolo, P.C. and files the instant Motion to Compel, and in support thereof, avers as follows: 1. Plaintiff is Jerome Brownawell, husband in the underlying divorce action, an adult individual who presently resides at 196 Shed Road, Newville, PA 17241 2. Defendant is Shirley Ann Brownawell, wife in the underlying divorce action, an adult individual who presently resides at 128 Darr Avenue, Carlisle, PA 17013. 3. The parties hereto are spouses having been married on March 13, 2007, in Cumberland County, Pennsylvania. 4. Plaintiff filed a Complaint in divorce under Section 3301(c) or 3301(d) on April 29, 2008. 5. On July 22, 2009, Plaintiff served the Plaintiff's First Set of Interrogatories to Defendant. A true and correct copy of said First Set of Interrogatories to Defendant is labeled Exhibit "A", attached hereto and made a part hereof. 6. Plaintiff's First Set of Interrogatories was served to Defendant in accordance with Pennsylvania Rule of Civil Procedure 4004 and 4005 and was to be answered with thirty (30) days. 7. Defendant filed no objections to Plaintiff's First Set of Interrogatories to Defendant. 8. Despite repeated request from counsel for Plaintiff, Answers to Interrogatories have not been received and it is now more than thirty (30) days since the Interrogatories were served. 9. Defendant's answers to Interrogatories are essential to the proper development and presentation of Plaintiff's case. Without said answers to Interrogatories, his case is unduly prejudiced. WHEREFORE, Plaintiff respectfully requests that Defendant be ordered to compel with Plaintiff's First Set of Interrogatories to Defendant and to answer the same within fifteen (15) days. /C--/o C, /"-' Dat Respectfully FOREMAN f ph D. C io , Es? ttorney for 1 ' tiff Attorney ID No. 90919 112 Market Street, Sixth Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 C. JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNAWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attorney for the Plaintiff, Jerome Brownawell; 2. He is authorized to make this verification on his behalf, 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief, and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully Submitted, FOREMAN & C_ARACI0J,00, P.C-. Date Jose j or fAW, ey for Plaintiff ney ID No. 90919 Market Street, Sixth Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Shirely A. Brownawell 128 Darr Avenue Carlisle, PA 17013 Respectfully Submitted, FOREMAN & CARACIOLO, P. JEROME BROWNAWELL Plaintiff, v. SHIRLEY ANN BROWNAWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, addressed as follows: G O p Dad Josep . Caraci6ld89q'u1LW' Att ey for Plaintiff rney ID No. 90919 1 2 Market Street, Sixth Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 EXHIBIT "A" 1 JEROME BROWNAWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-277 CIVIL TERM SHIRLEY ANN BROWNAWELL, CIVIL ACTION-LAW Defendant IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT TO: Shirley Ann Brownawell 128 Darr Avenue Carlisle, PA 17013 PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure No. 1930.5 and No. 4001, et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. Respectfully submitted, FOREMAN, FOREMAN V dy ?? n Date Jo ph D. Carlo, E*c 6irf torney for Plaintiff Attorney ID Number: 90919 112 Market Street, 6th Floor Veterans Building Harrisburg, PA 17101-2015 Telephone: (717) 236-9391 , P.C. DEFINITIONS AND INSTRUCTIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", that must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. A. Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. In lieu of identifying documents, you may supply the documents or true and correct copies thereof. B. "Identify," when used in reference to a person, means to state in the answer in each instance her/his full name, present or last known residence address and telephone number of his/her present employer and position, if known. C. "Identify" when used in reference to a writing or document, means to state in the answer in each instance whether or not such document is known to be in existence at the time of making the answer, and (i) the date of the document; (ii) the type of document, e.g., letter, memorandum; (iii) the present or last known location (s) and custodian(s) of the document and all of its copies; (vi) the name, address, employer and position of each person who signed and/or prepared the document; (v) the document was sent; and (vi) a brief statement of the subject matter of each document. If any such document is no longer in disposition was made of it, the date, and the identity of the person or persons responsible for such disposition and policy, rule, order or other authority by which such disposition was made. D. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: i. The means of communication (e.g., telephone, personal conversation, etc.); ii. Where it took place; iii. Its date; iv. The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; V. The substance of who said what and to whom and the order in which it was said; and; vi. Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. vii. If you contend that you are not yet separated from your spouse, then answer any questions asking for information as of the date of separation as if the question asks for information as of the date of response to the Interrogatories. E. The term "you" shall be deemed to mean and refer to the party whom these Interrogatories have been propounded for answer and shall also be deemed to refer to anyone acting on your behalf. F. These Interrogatories are deemed continuing and whenever additional information responsive to them is obtained by you, it shall be supplied to the Plaintiffs as though expressly requested by separate Interrogatories, as required by Rule 4007.4 of the Pennsylvania Rules of Civil Procedure. State your name, age, date of birth, residence address, telephone number, social security number, and any other names by which you have been known, identifying the times and places during which you were known by other names. ANSWER: 2. Are you employed? If so, for each employment that you hold, state: a. Name and address of employer b. Date of Commencement of employment; C. Name, title and address of your immediate supervisor; d. Your job title and description of duties; e. Your hours and rate of pay on earnings, specifying gross average weekly salary, wages, commissions, overtime pay and bonuses, etc.; f. Expense and drawing accounts and allowances for transportation and other accommodations and expenses; ANSWER: 3. For each employment that you hold or held, state whether you participate, or have a right to participate, or have in the past participated in any the following employment related benefits: a. Defined Benefit retirement plan; b. Defined contribution plan; c. Money purchase pension plan; d. Any other type of employee pension plan; e. Savings or thrift plan; f. Cash or deferred plan (401) (k); g. Profit sharing plan: h. Employee stock ownership (including tax credit or payroll tax credit); i. Stock bonus plan: j. Tax deferred, 403 (b) annuities; k. Non-qualified, deferred compensation plans, including excess benefit plans, whether or not refunded; 1. Executive stock option plans, including incentive stock option plans; m. Welfare or insurance plans including group term life insurance and medical insurance; n. Voluntary employee's beneficiary association (VEBA); o. Any other employment related benefit not disclosed in your Answers to these Interrogatories; And for each benefit identified above in which you participate, state the benefit or amount you receive; identify the administrator of such benefit by name, address, title; and the current value of the benefit. ANSWER: 4. List and identify all sources of income you have, including employment, rents, dividends, interest, annuities, trusts, insurance settlements and/or payouts, etc., stating the amount received from each by you for the last three years, along with the anticipated monthly income. ANSWER: 5. As of the date of your marriage with the Plaintiff, please provide a complete listing of all property under your control, have in your possession or have taken as separate property, a monetary value for the property, and the manner in which you calculated the value and its current location and custodian. ANSWER: As of the present date, please provide a complete listing of all property under your control, have in your possession or have taken as separate property, a monetary value for the property, and the manner in which you calculated the value and its current location and custodian. ANSWER: 7. As to the items identified in answer to the preceding interrogatory, indicate whether those items are, in your opinion, marital or non-marital assets and the basis of which you have made such determination. ANSWER: 8. Have any of the items identified in answer to the four preceding interrogatories been sold? If so, please identify: a. Each and every item that has been sold; b. The date each item was sold; c. The person each item was sold to; d. The amount each item was sold for; e. The receipt for the sale of each item; f. The disposition of any funds received for the sale of such items; ANSWER: 9. As of the date of your marriage to the Plaintiff, please identify by account number and bank name or financial institution, each and every bank account, in which you had an interest, including the names of the institution and office, the account number, the balance of the account, and the names, addressed and relationship of all owners or authorized users of the account. ANSWER: 10. As of the present date, please identify by account number and bank name or financial institution, each and every bank account, in which you have an interest, including the names of the institution and office, the account number, the balance of the account on the date of separation, and the names, addressed and relationship of all owners or authorized users of the account. ANSWER: 11. On the date of your marriage to the Plaintiff, identify all assets owned by you or titled in your name, including, but not limited to, real estate, stocks, bonds, CD's, securities, mutual funds, automobiles, trucks, intangibles, trailers, boats, airplanes, mobile homes, or other vehicles, identifying the same by name, model, serial number, purchase price and date, current, value, location and custodian. ANSWER: 12. As of the present date, identify all assets owned by you or titled in your name, including, but not limited to, real estate, stocks, bonds, CD's, securities, mutual funds, automobiles, trucks, intangibles, trailers, boats, airplanes, mobile homes, or other vehicles, identifying the same by name, model, serial number, purchase price and date, current, value, location and custodian. ANSWER: 13. Identify all debts, liabilities, charges, bills or claims, contingent or liquidated, secured or unsecured, against you, identify the same, including account, the course of the same, the date the same was accrued, security, is any, the name address and relationship of the creditor, the amount, payment schedule and history of payment, if any, for each. ANSWER: 14. Identify any safe deposit box or similar depository that you have or are utilizing including the location of the same, the owners or custodians of the same, the registered owners and renters of the same, the number or acquisition and value and the identity of all persons with access thereto. ANSWER: 15. List all insurance policies that you own, that insure you or your property or in which you are beneficiary, identifying the same by type of insurance, company policy number, coverage or amount; identify including name, address and relationship of custodian insured and beneficiary, premium paid and cash value. ANSWER: 16. List any and all institutions holding an Individual Retirement Account (IRA), SEP, or other similar non-pension retirement, in which you have an ownership interest, any and all account numbers, the current amount in each account, and the amount in each account as of the present date. ANSWER: 17. As of the date of marriage to the Plaintiff, please provide a listing of all real estate in which you have any ownership interest, along with its location and value. ANSWER: 18. As of the present date, please provide a listing of all real estate in which you have any ownership interest, along with its location and its value. ANSWER: 19. State the make, model and year, and approximate value of the car(s) you drove or owned on the date of your marriage to the Plaintiff. State the name and address of the person or entity in whose name this car(s) is titled. State the amount of monthly payments, if any, which are made on this car, specifying whether such payments are lease payments or lean payments, and state the name and address of the person or entity that makes such payments. ANSWER: 20. State the make, model and year, and approximate value of the car(s) you currently drive or own. State the name and address of the person or entity in whose name this car(s) is titled. State the amount of monthly payments, if any, which are made on this car, specifying whether such payments are lease payments or lean payments, and state the name and address of the person or entity that makes such payments. ANSWER: 21. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 22. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert, state the subject matter about which the expert is expected to testify; and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. ANSWER: 23. State the qualifications of each expert listed herein, including schools attended, past and present professional employment, experience within his or her field of expertise, list of publications, etc., and list each such expert's professional licenses and registrations, including the issuing jurisdiction and the dates thereof, state whether any such licenses or registrations were ever suspended, revoked, terminated or restricted in any way and the basis therefore and relevant dates thereof, and identify all legal proceedings in which such expert testified within the past five years and the amount of fees generated therefrom. ANSWER: JEROME BROWNAWELL, Plaintiff V. SHIRLEY ANN BROWNAWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-277 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Interrogatories upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, addressed as follows: Shirely A. Brownawell 128 Darr Avenue Carlisle, PA 17013 Respectfully submitted, CARACIOLO, P.C. Date 'seph D. Cdrdciol squirt ttorney for Plaintiff Attorney ID Number: 90919 112 Market Street, 6th Floor Veterans Building Harrisburg, PA 17101-2015 Telephone: (717) 236-9391 RLr D-, ? F Cf7- JI THE 2009 OCT ! 3 Fl (: 58 JEROME BROWNAWELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHIRELY ANN BROWNAWELL, DEFENDANT NO. 08-2777 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS AND INTERROGATORIES ORDER OF COURT AND NOW, this 15th day of October, 2009, based upon Plaintiff's Motion to Compel Answers to Interrogatories, the Motion is GRANTED and the Defendant is Ordered to serve upon Plaintiff or Plaintiff's Counsel Answers to the Interrogatories attached hereto labeled Exhibit "A" within 30 days of date of service of this Order upon Defendant by the Plaintiff. By the Court, *? -?. ?-4 M. L. Ebert, Jr., J. Z JosePh D. Caraciolo, Esquire Attorney for Plaintiff 112 Market Street, 6th Floor Harrisburg, PA 17101 ? Shirley A. Brownawell, Pro Se 128 Darr Avenue Carlisle, PA 17013 bas ?o I'e- S ,riaL LLL P 1 ??l L/09 -:X? FILEL `E 1 CAF ZP'o9 OC y 15 P 3: z u Joseph D. Caraciolo, Esquire Attorney ID No. 90919 Foreman & Caraciolo, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile joseph®ffclaw.net Attorneys for Plaints; ff JEROME BROWNAWELL IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-2777 CIVIL TERM SHIRLEY ANN BROWNAWELL CIVIL ACTION-LAW Defendant IN DIVORCE PROOF OF SERVICE I hereby certify that I have served upon the parties listed below, a true and correct copy of the Divorce Complaint in the above captioned matter on the 21St day of October, 2009, by first class mail and Certified Mail, Return Receipt Requested, Postage Prepaid and addressed as follows: Shirley Brownawell 128 Darr Avenue Carlisle, PA 17013 I I / IS- 1 Da Respectfully F120Mark'et ph l) CaracioloErney ID No. 90 1 Street, 6th h Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Attorney for Plaintiff F]e F= CE ;:_ 2009 DEC -3 Pil 3: 18 RLM-CRICE OF 7K PRO QTAAAY Joseph D. Caraciolo, Esquire Attorney ID No. 90919 Foreman & Caraciolo, P.C. 112 Market Street, 6 h Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile joseph@ffclaw.net Attorney for Plaintiff JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNAWELL Defendant 2010 FEB -5 AM 4 32 CUME-l.,?V D COUNTY PEWZYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION FOR SANCTIONS PURSUANT TO RULE OF CIVIL, PROCEDURE 4019 AND NOW, Plaintiff, Jerome Brownawell, by and through his attorneys, Foreman and Caraciolo, P.C., files the instant motion for sanctions pursuant to Pennsylvania Rule Civil Procedure 4019, and in support thereof avers as follows: 1. Plaintiff is Jerome Brownawell residing at 196 Shed Road, Newville, Pennsylvania 17241. 2. Defendant is Shirley Ann Brownawell residing at 128 Darr Avenue, Carlisle, Pennsylvania, 17013. 3. The parties hereto are spouses having been married on March 13, 2007, in Cumberland County, Pennsylvania. 4. On April 29, 2008 Plaintiff filed a Complaint in Divorce against the Defendant requesting, inter alia, equitable distribution of marital property. 5. In order to develop properly the above economic claim, Plaintiff's first set of interrogatories to Defendant was filed and served on Defendant on July 22, 2009. A true and correct copy of said request marked Exhibit "A" and attached hereto and made part hereof. 6. Defendant filed no objection to the above captioned interrogatories, and filed no response. 7. On October 13, 2009, Plaintiff filed a Motion to Compel Answers with the Court. 8. On October 15, 2009, the Honorable Judge M.L. Ebert, Jr. granted Plaintiff's motion and ordered Defendant to serve upon Plaintiff or Plaintiff's counsel answers to the interrogatories within thirty (30) days of the date of service of this order. A true and correct copy of said order is marked Exhibit "B" attached hereto and made part thereof. 9. Said order was served on Defendant by regular mail and certified mail with the certified mail being returned as unclaimed. 10. As of the date of filing of the instant motion, one hundred and ten days have elapsed since the entry of the Honorable Judge Ebert, Jr. Order, and Defendant has not provided Plaintiff with the answers to interrogatories as requested. 11. The documents requested by Plaintiff are essential to the proper development and presentation of this case, and without said documents Plaintiff's case is unduly prejudice. Moreover, Defendant's conduct in not responding to Plaintiffs discovery request is totally unjustified and has necessitated the filing of the instant motion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order of Sanctions against Defendant by: A. Prohibiting her from introducing in evidence any information pertaining to Plaintiff's interrogatories; B. Refusing to allow her to oppose Plaintiff's claims pertaining to equitable distribution of marital property and other ancillary economic relief; C. Imposing punishment on her for civil contempt of court and ordering her incarceration to be purged by compliance with the prior Order to Compel with the answering of interrogatories; D. Directing her to pay Plaintiff reasonable counsel fees and expenses incurred with the filing, preparation and disposition of the instant motion in the amount of $696.30; and E. Granting further relief as deemed necessary and just. d a.. ? Dat Respectfully Submitted, FOREMAN AND CARACIOLO, P.C. J h D. Carfco, s ire orney for P ainti ttorney ID No. 90 9 112 Market Street, Sixth Floor Harrisburg, PA 17101 Telephone (717)236-9391 Facsimile (717)236-6602 JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNAWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attorney for the Plaintiff, Jerome Brownawell; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. s Uy ?.j0 Date i i z. marxet wreet, aixtn r ioor Harrisburg, PA 17101 Telephone (717)236-9391 Facsimile (717)236-6602 JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNAWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, addressed as follows: Shirely A. Brownawell 128 Darr Avenue Carlisle, PA 17013 Ci /0?_ /q..' LG _ Date 112 Market Street, Sixth Floor Harrisburg, PA 17101 Telephone (717)236-9391 Facsimile (717)236-6602 a . FEB 0 8 2010 1-21 JEROME BROWNAWELL IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2777 CIVIL TERM SHIRLEY ANN BROWNAWELL CIVIL ACTION-LAW Defendant IN DIVORCE ORDER AND NOW, this M?day of 2010, upon Plaintiff's Motion for Sanctions for failure to answer interrogatories, the Motion is hereby GRANTED and the Defendant is ORDERED to appear on the day of , 2010, Courtroom 0?_ of the Cumberland County Courthouse for purposes of determining the appropriate sanctions. 6L,+ q . 3 D 71 m BY THE COURT: 14, -?' ut:?t \\ J. Distribution: Joseph D. Caraciolo, Esquire 112 Market Street, 6`h Floor, Harrisburg, PA 17101 ?rley A. Brownawell, Pro Se 128 Darr Avenue, Carlisle, PA 17013 l ?.S a.?r2.?rv r'VtWLL N p u ti O - M 0 Joseph D. Caraciolo, Esquire ?,,,- 1 THE p; - l . , - Foreman & Caraciolo, P.C. Attorney ID No. 90919 112 Market Street, 6th Floor 2010 MAY 14 AM (1' Harrisburg, PA 17101 (717) 236-9391 - Telephone C;:;_ti Ltl} (717) 236-6602 - Facsimile pE14SYLVANA joseph@ffclaw.net JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNAWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION TO WITHDRAW APPEARANCE Joseph D. Caraciolo, Esquire and Foreman & Caraciolo, P.C. hereby respectfully petitions this Honorable Court for leave to withdraw his appearance as counsel for the Plaintiff, Jerome Brownawell, and, in support thereof, avers as follows: 1. Petitioner is Joseph D. Caraciolo, Esquire and Foreman & Caraciolo, P.C., with principal offices located at 112 Market Street, 6th Floor, Harrisburg, PA 17101. 2. Petitioner was retained by Respondent on or about April 9, 2008, to represent him in a divorce action. 3. Petitioner has undertaken such representation but is unable to continue for the follow reasons: a. Respondent has requested that Petitioner withdraw as counsel. 4. Due to the above, Petitioner is unable to provide adequate legal representation of Defendant. 5 It is unreasonable for Petitioner to continue to represent Respondent against Respondents consent. 6. Respondent would not be prejudiced by Petitioner's withdraw of appearance. 7. Petitioner desires to withdraw his appearance in this matter. WHEREFORE, Petitioner respectfully requests leave to withdraw his appearance as attorneys for Respondent. Dat Respectfully Submitted, FORE1V ^ *CARACIOXO, P.C. eph D. CaMci? Esquire ttorney I.D. No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Joseph D. Caraciolo, Esquire Foreman & Caraciolo, P.C. Attorney ID No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391- Telephone (717) 236-6602 - Facsimile joseph@ffclaw.net JEROME BROWNAWELL IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2777 CIVIL TERM SHIRLEY ANN BROWNAWELL CIVIL ACTION-LAW Defendant IN DIVORCE VERIFICATION I, JOSEPH D. CARACIOLO, ESQUIRE, verify that the statements made in foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Respectfully Submitted, P.C. 7tteph D. CWci to squv orney I.D. N . 0919 112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Joseph D. Caraciolo, Esquire Foreman & Caraciolo, P.C. Attorney ID No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391- Telephone (717) 236-6602 - Facsimile joseph@ffclaw.net JEROME BROWNAWELL IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2777 CIVIL TERM SHIRLEY ANN BROWNAWELL CIVIL ACTION-LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Petition to Withdraw upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Jerome Brownawell 196 Shed Road Newville, PA 17241 Dat Shirely Ann Brownawell 128 Darr Avenue Carlisle, PA 17013 Respectfully Submitted, FOREMAN & CARACIOLO, P.C. D. ?ttorney I. D. No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 r, JEROME BROWNAWELL Plaintiff, V. SHIRLEY ANN BROWNAWELL Defendant MAY 17 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2777 CIVIL TERM CIVIL ACTION-LAW : IN DIVORCE ORDER AND NOW, this day of 2010, upon consideration of the Petition to Withdraw as counsel for Defendant, it is hereby ORDERED and DECREED that Foreman & Caraciolo, P.C. is granted leave to withdraw as counsel for Defendant. BY THE COURT: Distribution: - " Joseph D. Caraciolo, Esquire 113 Market Street, 611, Floor, Harrisburg, PA 17101 Jerome Brownawell 196 Shed Road, Newville, PA 17241 ?ey Ann Brownawell, Pro Se Defendant 128 Darr Avenue, Carlisle, PA 17013 CC eyx-?CCU s?e?3 j?v n O U U-i M. ? z C _ - C` n t^S1 "C-- N ;-- OF CU4, David D. Buell -� e p Renee K, Simpson Prothonotary 1S` Deputy Prothonotary �irkS. Sohonage, ESQ Irene E. Worrow Solicitor 7750 2"6 Deputy Prothonotary Office of the Prothonotary Cumberland County, <PennsyCvania ne -027"y7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • 'Fax(717)240-6573