The URL can be used to link to this page

Home My WebLink About08-4035 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High.Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW R. BROWNEWELL, Plaintiff V. KYLIE MARIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 9 o 35 C'A k-A-.t ;A--- 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. 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 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW R. BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 14035 e,,,Q -71- CIVIL ACTION - LAW KYLIE MARIE BROWNEWELL, Defendant IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(Q AND (D) OF THE DIVORCE CODE 1. Plaintiff is Matthew R. Brownewell, who currently resides at 19 Hidden Noll Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kyle Marie Brownewell, who currently resides at 816 Pintail Drive, Newport, Perry County, Pennsylvania 17074-9527. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 1, 2004 in Plainfield, Pennsylvania. 5. The parties have been living separate and apart since July 1, 2005. 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 Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(A) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. MARTSON 14AW OFFICES By Je L. Spears, Esquire 10 E t High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 8, 2008 VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Matthew R. Brownewell FAFILES\CHcnU\13090 Browncwell\13090.1.dcom.wpd a lu J ? I W ?' CP r UJ r ?o t CO N "?? r Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW R. BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 4036 CIVIL ACTION - LAW KYLIE MARIE BROWNEWELL, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Kylie Marie Brownewell at 816 Pintail Drive, Newport, PA 17074 on July 9, 2008, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Kylie Brownewell" and dated July 15, 2008. Jennif r, . Spears, Esquire Sworn to and subscribed before me this 17"' day of July, 2008. 5'Not ublic COMMONWEALI-Irl OF PENNSYLVANIA Natarw seal Shelly Brooks, Notary Public Carlisle Boro, Cumberland County My commission Expires Aug. 5, 2W9 Member, Pennsylvania Asa0ciation of Notaries I ,? ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the maiipiece, the front If space permits. 1. Article Addressed to: M%.- 4UO'YC)VbWhf-VJ4-Lk rAt?'nhol? l I-ei IC qj?- no-14 A. SM_ X by OWnted Name) I JC. Date of 0. Is deWery address ditw* from Nom 11 ? Yes If YES, enter delivery address below: ? No 3. Service Type I& certified Mail ? Express Mall ? Registered ? Return Receipt for Merchandise ? insured Mail ? C.O.D. 4. Restricted DelveryR (Extra feed Yes 2 Arrtlcb Number 7006 0 810 0000 7873 9583 (riansfet from ssi?vfce /st,?/ Ps Form 3811, February 2w DortreeAM Mwert il%mow wes95-02-M-1540 M CO Ln a^ M rII- m f%- C3 O" Certified Fee n Return Receipt Fee (Endorsement Required) CI Restricted Delivery Fee r-a (Endorsement Required) CO C3 Total Postage & ,Fees [,-ant aw K Q r%- Weei lWAF n ? rn ?1;1 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW R. BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-4035 CIVIL ACTION - LAW KYLIE MARIE BROWNEWELL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 8, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: a Matthew Brownewell, Plaintiff {7 z -? rxs ! s t? MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW R. BROWNEWELL, Plaintiff V. KYLIE MARIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4035 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver 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: j 0- J ?- O y- Matthew Brownewell, Plaintiff - n ca _ sv rJ ? C.,..3 ' . -? Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW R. BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4035 KYLIE MARIE BROWNEWELL, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT I . A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 8, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: 0 - lco -bq Kyli ownewell, Defendant ? ? ..,,,mss ? el MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW R. BROWNEWELL, Plaintiff v. KYLIE MARIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4035 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 waiver 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: K ie nr wnewell, Defendant c ? ?,, . ., . ?' } ? ., `' _ ? ?? ? ?.? ??. ? ? ?', ??. ?^ f ? ? F:\FILES\Chmts\13090 Brow ewe1B13090.1.pra Revised: 10/30/08 921AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MATTHEW R. BROWNEWELL, Plaintiff V. KYLIE MARIE BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4035 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. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail, restricted delivery on July 15, 2008. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; October 18, 2008; by the Defendant; October 16, 2008. 4. Related claims pending: All claims have been resolved. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 21, 2008. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 21, 2008. MAR ON LAW OFFICES 1 By Jenne r L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 30, 2008 Attorneys for Plaintiff ?? ? -°? ` ?::, e: R:i ?? -i C" 3 ?? - z a j? ? ?... t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MATTHEW R. BROWNEWELL p?gintiff VERSUS KYLIE MARIE BROWNEWELL Defendant No. 08-4035 DECREE IN DIVORCE AND NOW, Q OV et -,?-C) -'( , LVOO 'IT IS ORDERED AND DECREED THAT MATTHEW R BROWNEWELL• , PLAINTIFF, AND KYLIE MARIE BROWNEWELL , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE COURT: PROTHONOTARY 07 ? loop? LWA 'o? ? . rl ,:Oa- S -,r