The URL can be used to link to this page

Home My WebLink About06-6460RYAN BROWNYARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• : NO. 06- Goy(oC~ CIVIL TERM CLAUDIA CHAVEZ, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 RYAN BROWNYARD, Plaintiff v. CLAUDIA CHAVEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- (o~/~ab CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE/CUSTODY 1. Plaintiff is Ryan Brownyard, an adult individual, currently residing at 215 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Claudia Chavez, an adult individual, currently residing at 215 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 21, 2002 in Los Angeles, California. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since the date of the filing of the Divorce Complaint and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of personal and real property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. COUNT III CUSTODY 15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their full text. 16. The child is presently in the custody primarily of plaintiff and partially of defendant. 17. The child has lived at the following addresses: Name Lauren Ashley Brownyard Address 215 Shirley Lane Boiling Springs, PA Dates 4/21/2006 -present 156 Belvedere Carlisle, PA 44321 Fenner Ave Lancaster, CA 6/21 /2006- 4/21 /2006 4/22/2001 - 6/21/2005 18. The relationship of the plaintiff to the child is that of natural father. 19. The relationship of the defendant to the child is that of natural mother. 20. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 21. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 22. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 23. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Wherefore, plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the plaintiff's requests for shared legal custody and primary physical custody of the child to the plaintiff with partial physical custody of the child to the defendant. o v. ~ ~o a ~ Date Respectfully Submitted TURD LAW OFFICES Galen R. Waltz, Esq 28 South Pitt Streg~ Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. %/ 3 -~6 Date 1 Ry . Br a CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint in Divorce, by certified, return receipt requested, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the ~a'J' day of /X~7 ve ~.. ~ ~ r" 2006, from Carlisle, Pennsylvania, addressed as follows: Claudia Chavez 215 Shirley Lane Boiling Springs, PA 17007 TURD LAW OFFICES Galen R. Watlz, Es e 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 `*~ f~~, rrvvA'', 1 ^ 1 \' M Q Q c U c o c n ~ ~ C C r"; •- ~ r.~ c- •, r--.a <:w . -;) G~ -1 ,~ ~~ :-! i_ e~~ -t; ~_ ... `7 :'i`; -~ 1 f""i r ~`, Y -_ ~ •f _~i ii _~ RYAN BROWNYARD, Plaintiff v. CLAUDIA CHAVEZ, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Ryan Brownyard, an adult individual whose residence is at 215 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Claudia Chavez, an adult individual whose residence is at IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- ~ ~ ~ ~ CIVIL TERM CIVIL ACTION -LAW IN CUSTODY 215 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody of his child, Lauren Ashley Brownyard, born July 24, 2000. 4. The child is presently in the custody primarily of plaintiff and defendant. 5. The child has lived at the following addresses: Name Address Dates Lauren Ashley Brownyard 215 Shirley Lane Boiling Springs, PA 156 Belvedere Carlisle, PA 44321 Fenner Ave Lancaster, CA 4/21 /2006 -present 6/21 /2006- 4/21 /2006 4/22/2001 - 6/21 /2005 6. The relationship of the plaintiff to the child is that of natural father. 7. The relationship of the defendant to the child is that of natural mother. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ~/ ,~ ~~ Date Rya .Brown CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Custody Complaint, by certified, return receipt requested, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the Gbh day of /Y~ir~--~ ~~,- 2006, from Carlisle, Pennsylvania, addressed as follows: Claudia Chavez 215 Shirley Lane Boiling Springs, PA 17007 TURD LAW OFFICES Galen R. Waltz, Esq 28 South Pitt Stre Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 P~.J ~~ _ ~-~ ~ j'~l -'~ ( C."1 '__ ; ~~ f _. i ~._ r.~ } _~~ ' Cs : ~' RYAN BROWNYARD IlV THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CLAUDIA CHAVEZ DEFENDANT • 06-6460 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, November 13, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before .Hubert X. Gilroy, Esq. ,the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 15, 2006 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT. By: /s/ Hubert X. Gilro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 ~` ~~ '~' '~ ~~~ ;. ~~;~? ' IOS~•l,/ ~ 1si-ir' ~~~~ °l.I RYAN BROWNYARD, Plaintiff v. CLAUDIA CHAVEZ, Defendant r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 6460 ACTION LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE/WITHDRAWAL TO THE PROTHONOTARY: Please enter the appearance of Kristopher Smull as Attorney of record for Claudia Chavez, Defendant in the above-captioned matter. Date: ~~ IZ~ I~~~ Res ect ul Submitted: Kris e ull, Esquire 210 Grandview Ave., Suite 102 Camp Hill, Pa. 17011 (717) 909-4060 Please withdraw the appearance of Jane Adams, Esquire, as Attorney of record for Claudia Chavez, Defendant in the above-captioned matter. Date: --~,a3' ~ Respectfully Submitted: J Adams, Esquire . Pitt St. Carlisle, Pa. 17013 (717) 245-8508 rv ~ ; A ~ rT' "'ti ~ _ ~ ~~ f ~ ~~ ~ ~ ..K+ ~'1 "+~ i "" .- RYAN BROWNYARD, Plaintiff v CLAUDIA CHAVEZ, Defendant -aae as zoo~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.06-6460 IN CUSTODY COURT ORDER AND NOW, this Z ~ ' day of _L~.~, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Ryan Brownyard, and the mother, Claudia Chavez, shall enjoy shared legal custody of Lauren Ashley Brownyard, born July 24, 2000. 2. The parties shall also enjoy shared physical custody of the minor child. The parties may agree upon a schedule between themselves to accommodate a 50150 shared custody arrangement. Absent an agreement between the parties, the schedule shall be a week on/week off with exchange of custody on Friday evening at 6:00 p.m. 3. The parties shall submit themselves to a custody evaluation with a professional as selected by legal counsel for the father. This evaluation shall be an independent evaluation and the evaluator shall share the results with legal counsel for both parties. The father shall pay the cost of the evaluation subject, however, to the father having the ability to request the Court at some later date to have the mother pay a portion of the evaluation cost. 4. Upon a conclusion of the custody evaluation and in the event the parties are unable to reach an agreement at that time, legal counsel for the parties may contact the Conciliator directly to schedule another Custody Conciliation Conference. cc: ,~G en R Waltz, Esquire ristopher T. Smull, Esquire J ~~ •Z} ~~Y L~ CJO~ ~U~4 M~7Y.~~I~V'~'~l.li~C~ ~RL ~Q ~~a~~~~~ ~' ~' RYAN BROWNYARD, Plaintiff v CLAUDIA CHAVEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.06-6460 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lauren Ashley Brownyard, born July 24, 2000. 2. A Conciliation Conference was held on Apri123, 2007, with the following individuals in attendance: The mother, Claudia Chavez, with her counsel, Kristopher T. Smull, Esquire, and the father, Ryan Brownyard, with his counsel, Galen R Waltz, Esquire. 3. Based upon the recommendation of the Conciliator, the parties agreed to the entry of an Order in the form as attached. Date: April 24, 2007 Hubert X. G' roy, Esquire Custody C ciliator