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HomeMy WebLinkAbout07-1162LISA A. BRINK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - /I t Z CIVIL TERM THOMAS S. BRINK, Defendant. IN DIVORCE NOTICE 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 in 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 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 17013. 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 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. t .I LISA A. BRINK, Plaintiff, V. THOMAS S. BRINK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -114;1, CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND (D OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Lisa A. Brink, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Thomas S. Brink, representing as follows: 1. The Plaintiff is Lisa A. Brink, an adult individual residing at 89 Country View Estates, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Thomas S. Brink, an adult individual currently residing at Green Ridge Village, 210 Big Spring Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on October 10, 1969 in Sarasota, Florida. 5. There have been no prior actions of divorce or for annulment between the parties. I , 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT By: 4 Marcus ught, ,Esquire Supr Court I.D. No. 2 76 Wet Pomfret Professional ilding 60 est Pomfret Street Carlis ennsylvania 17013 222 (717)249- Date: tlmcg C.? 10'2007 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ?, q3AL?? 14' - -- LISA A. BRINK Date: , 2007 LISA A. BRINK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - CIVIL TERM THOMAS S. BRINK, Defendant. IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, 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. I 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (7y;4'2@ 0- ' ?d, LISA A. BRINK Date: - , 2007 .o O )1 W d C`? r? N -n ci? z LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -1162 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Thomas S. Brink, on March 7, 2007, by certified, restricted delivery mail, addressed to him at Green Ridge Village, 210 Big Spring Road, Newville, Pennsylvania 17241, with Return Receipt Number 7003 3110 0004 5768 1541. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the 2RCU9 f Pa. C. Section 4904, relating to unsworn falsification to authorities. . Mc G T, III,ESQUIRE Attorney for Plaint' Date: March 8, 2007 ? -y ULK I II-ItU MAIL- t (Domestic Mail Only; No Insura For delivery information visit our we U1 Postage $ .77 D ON unu7,?b CerdAed Fee \ M N) Return (F.ndoraerrlerd Requtlred) 1 1 r -n Co ;U C3 E!.W ssrrrlaMM Raquked) Q 3' ra rr1 Total Postage & Fees $ > O t r OX v ??I i IT! C3 Saw TO C3 MR THOMAS S BRINK ti o"RIDGE VILLAGE o ¦ C rnplete items 1, 2, ark 3. Also cOrnpiete hem 4 ff Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the beck of the mailplece, or on the front ff space permits. 1. Article Addressed to: W THMM S BRINK 01M RID69 VILLAGE 210 BIG SPRING ROAD AMLLE PA 17241 ? Apmt 8. Received by (PrlrtlsC Nn*) C. of D mb ft 7MO-ft Q,3 ! ht')k 31-7/6-7 D. is delivery address dffterent trorn Item 1? f] Yea If YES, armor delivery address below: X No s. w 2roos e4type °? CertMNd MeA Exproee Wlau D Receipt for Merchwuliss o hifiLdAlmll. = - I" 2. Article Number - *---- 7003 3110 0004 5768 1541 (llaratar flan se?vfce ?0 PS Form 3811, February 2004 Domewc Rdum llsoeipt - - 102595o2401-11yw ? a ?; -? y t? .....? :w7 --a ? ? ?'?` ,., Y G W ? :f LISA A. BRINK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 07-1162 CIVIL TERM THOMAS S. BRINK, Defendant : DIVORCE AND CUSTODY PRAECIPE TO PROCEED LV FORMA PA UPERIS TO: Curtis R. Long, Prothonotary Kindly allow THOMAS S. BRINK, Defendant, to proceed in forma pauperis. I, Wayne F. Shade, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the parry is unable to pay the costs and that I am providing free legal services to the party. Date: April 11, 2007 Wayn F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 C'? CD x LISA A. BRINK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 07-1162 CIVIL TERM THOMAS S. BRINK, Defendant : DIVORCE AND 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 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 CUMBERLAND COUNTY COURTHOUSE. CARLISLE, PENNSYLVANIA 17013 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 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 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 Wayn .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 LISA A. BRINK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 07-1162 CIVIL TERM THOMAS S. BRINK, Defendant : DIVORCE AND CUSTODY ANSWER WITH COUNTERCLAIM ANSWER L-7. Admitted. WHEREFORE, Defendant acknowledges the pertinent provisions of the Divorce Code of Pennsylvania. COUNTERCLAIM CUSTODY 8. The averments of ¶¶1 and 2 of the Complaint herein are incorporated herein by reference as though fully set forth. 9. Defendant seeks partial custody of Matthew Scott Brink, born December 31, 1991. 10. The child was not born out of wedlock. WA=E F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 It. During the past five years, the child has resided with the following persons at the following addresses: (a) With the father and mother at 275 Newburg Road, Newburg, Pennsylvania 17240; and (b) With the father and mother at 89 Country View Estates, Newville, Pennsylvania 17241, from November 2005 until January 2006 when the father moved into the nursing home at which time the child lived exclusively with the mother. 12. The relationship of Plaintiff to the child is that of biological mother. She is married to Defendant, and she currently lives at 89 County View Estates, Newville, Cumberland County, Pennsylvania 17241, with the child in question. 13. The relationship of Defendant to the child is that of biological father. He is married to Plaintiff, and he currently resides at Green Ridge Village, 210 Big Spring Road, Newville, Cumberland County, Pennsylvania 17241. 14. Defendant has not participated as a party or witness, or in any other capacity, in WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 other litigation concerning the custody of the child in this or any other Court. -2- 15. Defendant has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 16. Defendant does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interests and general welfare of the child will be served by granting the relief requested. 18. 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. 19. Defendant avers that it would be a severe and material hardship to him if Plaintiff were to relocate with the child outside of Cumberland County, Pennsylvania. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- WHEREFORE, Plaintiff requests a grant of partial custody of the child and an Order that the residence of the child not be moved outside of Cumberland County, Pennsylvania. Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. S14ADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 -4- I verify that the statements made in this pleading 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: April 9, 2007 Thomas S. Brink WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 6 1 C -41 LISA A. BRINK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1162 CIVIL ACTION LAW THOMAS S. BRINK I)FFF.NI)ANT IN CUSTODY ORDER OF COURT AND NOW, _ Monday, April 16, 2007 , 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 Thursday, May 10, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he 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. Gilroy, Esq. 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 vw L rS : Z P d 9 1 ':J1 J, ', J L 0 ?.`, Z %ft LISA A. BRINK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. BRINK, NO. 07-1162 Defendant IN CUSTODY COURT ORDER AND NOW, this day of May, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Lisa A Brink, and the father, Thomas S. Brink, shall enjoy shared legal custody of Matthew Scott Brink, born December 31, 1991. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. Prior to May 29, mother shall insure that father enjoys a period of temporary custody with the minor child, to be at least three hours, on at least two occasions. This shall be at the nursing home where father is currently residing or at some other mutually agreeable location such as one of the other children's homes. B. Upon mother's and Matthew's return from Florida on June 9 and in recognition that mother will have relocated out of Newville to Huntingdon County, father shall enjoy periods of temporary physical custody on at least 3 out of 4 weekends from Friday through Sunday evening. The specific weekends and the times for exchange of custody shall be agreed upon by the parties. Mother shall handle all transportation for exchange of custody. It is anticipated the father will exercise custody without supervision at the marital home where he will relocate to after mother moves to Huntingdon County. For purposes of calculating the 3 out of 4 weekends, mother can insert a period of weekdays instead of a weekend into the schedule during the 4 week cycle in order to accomplish father having sufficient time with the child. 4. The parties shall meet again with their attorneys for a Custody Conciliation on July 12, 2007 at 8:30 a.m. Upon request of the attorneys, this conciliation may be set as a telephone conference. At this conciliation, the situation will be evaluated to see how Matthew is doing in visiting with his father. Assuming things are going well, it is contemplated that father's periods of time with his minor son will be expanded. Additionally, father reserves the right to assert a claim for primary physical custody assuming a final agreement cannot be reached and depending upon the circumstances of the case. 5. If there are any incidents that merit a modification of this Order, legal counsel for the parties may contact the Conciliator directly for a telephone conference to address a potential modification of the Order. BY THE COURT, Judge cc: Wayne F. Shade, Esquire Marcus A. McKnight, III, Esquire F:\FILES\DATAFILE1Genenr%Current\12321TORM"rink v Brink CondWdon Report-Ordempd LISA A. BRINK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. BRINK, NO. 07-1162 Defendant 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: Matthew Scott Brink, born December 31, 1991. 2. A Conciliation Conference was held on May 10, 2007, with the following individuals in attendance: The mother, Lisa. Brink, with her counsel, Marcus A. McKnight, III, Esquire, and the father, Thomas S. Brink, with his counsel, Wayne F. Shade, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: J a` U ?-? ? ?1 ?-°. ? ?_ y`"'?. -it ry- ,? `rA _ }i 5 MAY E 3 2007? LISA A. BRINK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. BRINK, NO. 07-1162 Defendant IN CUSTODY COURT ORDER AND NOW, this day of May, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Lisa A Brink, and the father, Thomas S. Brink, shall enjoy shared legal custody of Matthew Scott Brink, born December 31, 1991. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. Prior to May 29, mother shall insure that father enjoys a period of temporary custody with the minor child, to be at least three hours, on at least two occasions. This shall be at the nursing home where father is currently residing or at some other mutually agreeable location such as one of the other children's homes. B. Upon mother's and Matthew's return from Florida on June 9 and in recognition that mother will have relocated out of Newville to Huntingdon County, father shall enjoy periods of temporary physical custody on at least 3 out of 4 weekends from Friday through Sunday evening. The specific weekends and the times for exchange of custody shall be agreed upon by the parties. Mother shall handle all transportation for exchange of custody. It is anticipated the father will lr w ?? exercise custody without supervision at the marital home where he will relocate to after mother moves to Huntingdon County. For purposes of calculating the 3 out of 4 weekends, mother can insert a period of weekdays instead of a weekend into the schedule during the 4 week cycle in order to accomplish father having sufficient time with the child. 4. The parties shall meet again with their attorneys for a Custody Conciliation on July 12, 2007 at 8:30 a.m. Upon request of the attorneys, this conciliation may be set as a telephone conference. At this conciliation, the situation will be evaluated to see how Matthew is doing in visiting with his father. Assuming things are going well, it is contemplated that father's periods of time with his minor son will be expanded. Additionally, father reserves the right to assert a claim for primary physical custody assuming a final agreement cannot be reached and depending upon the circumstances of the case. 5. If there are any incidents that merit a modification of this Order, legal counsel for the parties may contact the Conciliator directly for a telephone conference to address a potential modification of the Order. BY THE COURT, N?? -?? ??A "I R Judge cc: Sh ade, Esquire jyneF; rcus . McKnight, III, Esquire F:\FILESIDATAFII.E\GcnemACurrent\12321\FORMS\Brink v Brink Conciliation Report-Order.wp L ' 1 n i l=?) t ? ? is J i 4-1 / , j ,a, LISA A. BRINK, Plaintiff v THOMAS S. BRINK, . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1162 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: Matthew Scott Brink, born December 31, 1991. 2. A Conciliation Conference was held on May 10, 2007, with the following individuals in attendance: The mother, Lisa. Brink, with her counsel, Marcus A. McKnight, III, Esquire, and the father, Thomas S. Brink, with his counsel, Wayne F. Shade, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: f tfbert X. Gilroy squire Custody Conc for r-? 0+ SHERIFF'S RETURN - REGULAR CASE NO: 2007-01162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRINK LISA A VS BRINK THOMAS S WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon BRINK THOMAS S the DEFENDANT , at 1644:00 HOURS, on the 20th day of March , 2007 at 210 BIG SPRING ROAD NEWVILLE, PA 17241 ? TT/ A fT el TI TI TTTTT GREEN RIDGE VILLAGE by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 11.52 .39 ,I 10. 0 0 0001 R- Thomas Kline 000 39.911 03/21/2007 MARCUS MCKNIGHT Sworn and Subscibed to before me this By. _ day eputy Sheriff of A. D. JUL 13W LISA A BRINK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. BRINK, NO. 2007-1162 Defendant IN CUSTODY COURT ORDER P AND NOW, this day of July, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Rubert X. Gilr , Esquire Custody Con iator F:\FII,ES\12321\Brink v Brink Conciliation Order relinquishing Jurisdiction.wpd 0 S: I NY C I Irf LOOZ ]Hi LO LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -1162 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 3301(d) DIVORCE DECREE To: THOMAS S. BRINK You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the Section 3301(d) affidavit. Therefore, on or after February 26, 2008, the other party can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the above date, the Court can enter a final Decree in Divorce. A Counter-Affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counter-Affidavit alone does not protect your economic claims. 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 AFFORT TO HIRE A, LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -1162 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE To: THOMAS S. BRINK LISA A. BRINK intends to file with the Court the attached Praecipe to Transmit Record on or after February 26, 2008, requesting that a final Decree in Divorce be entered. IRWIN & McKNIGHT Y• -"v-?r/.17 - /?L -F, Marc A. Mc ' t, , Esquire 60 Wet Po Street Carlisle, P sylvania 17 3 (717) 249-23 Attorney aintiff Date: February 6, 2008 LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -1162 CIVIL TERM IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about February 6, 2005, and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. 2. 3. 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 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. of 4904 relating to unworn falsification to authorities. Date. (O o`?t? ,?.Ce. LC.? 1 LISA A. BRINK Plaintiff ^Y m rrr, cn LISA A. BRINK, IN THE COURT OF COMMON LEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 -1162 CIVIL TERM THOMAS S. BRINK, . Defendant IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about February 6, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of prope , lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I derstand that false statements herein are made subject to the penalties of 18 Pa. C.S. of 4 04 relating to unsworn falsification to authorities. Date: MARCH 17, 2008 A LISA A. BRINK Plaintiff C? ^' °' '-? - ? ?, ? s = ?-rs ? ---t _ nz??- ?= _ mac: 'Tj - i )r? -,:t ? j=w LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant : IN THE COURT OF CO CUMBERLAND COUNTY, 1? CIVIL ACTION - LAW 2007 -1162 CIVIL IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 3301(d) DIVORCE DECREE To: THOMAS S. BRINK PLEAS OF YLVANIA You have been sued in an action for divorce. You have failed to answer the Co plaint or file a Counter-Affidavit to the Section 3301(d) affidavit. Therefore, on or after April 7, 2008, the other party can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the above date, the Court can enter a final Decree in Divorce. A Counter-Affidavit which you may file with the Prothonotary f the Court is attached to this notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will ose forever the right to ask for economic relief. The filing of the form Counter-Affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT Or DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFC A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE WITH IN. ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES T( PERSONS AT A REDUCED OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 IF YOU YOU WITH tT TO HIRE ORMATION ELIGIBLE LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant : IN THE COURT OF COMM CUMBERLAND COUNTY, P CIVIL ACTION - LAW 2007 -1162 CIVIL TEI IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE To: THOMAS S. BRINK LISA A. BRINK intends to file with the Court the attached Praecipe to' on or after April 7, 2008, requesting that a final Decree in Divorce be entered. IRWIN & McKNIGHT ircus A. West Pa night, III, I Street iania 17013 (717) 249-2353 Attorney for Plaintiff By: PLEAS OF VANIA it Record Date: March 17, 2008 N c? t --? TT" LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -1162 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 3301(d) DIVORCE DECREE To: THOMAS S. BRINK You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the Section 3301(d) affidavit. Therefore, on or after May 7, 2008, the other party can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the above date, the Court can enter a final Decree in Divorce. A Counter-Affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counter-Affidavit alone does not protect your economic claims. 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 AFFORT TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -1162 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE To: THOMAS S. BRINK LISA A. BRINK intends to file with the Court the attached Praecipe to Transmit Record on or after May 7, 2008, requesting that a final Decree in Divorce be entered. IRWIN & McKNIGHT By: rcus McKnight, III, Esquire 6 West Po et Street lisle, Penn ylvania 17013 (7 ) 249-23 orney for Plaintiff Date: April 17, 2008 cn3 {i 1.? n c v,, 4' LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -1162 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE OF INTENTION TO REQUEST ENTRY OF 3301(d) DIVORCE DECREE COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That time-stamped Notice of Intention to Request Entry of 3301(d) Divorce Decree was served upon the defendant, Thomas S. Brink, on or about April 19, 2008, by regular mail addressed to him at 89 Country View Estates, Newville, Pennsylvania 17241. 3. That the said receipt for regular mail is attached hereto and made a part hereof. The Notice of Intention mailed on April 18, 2008 by regular mail has not been returned. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the pen es of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ? i/__, GHT, III, ESQUIRE Date: Arpil 25, 2008 , dk? All- ft" PWW Ed 0111111" Oen*m don fees must be paid before mailing. MR THOMAS S BRINK C3 plkmeAftamM so 89 COUNTRY VIEW ESTATES ru NEWVILLE PA 17241 POSTAL CUSTOMER: x C3 Keep this receipt. For Inquiries: $ o .r Access latemet web site at m t www.uepsaom orcalll-X0.222-1811 c3 161. ?' i am Prlorlty Mall-Service frt y . 1 ca nrst-Class meiPpaww ? 8 se *w pseud U.S. POSTAL SERVICE CERTWICAYE OF MAILW MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: MARCUS A MicMGflT III ESQ IRiIIN be MsCMIGHT 6U WEST STREET One piece of ordinary mail addressed to: MR THOMAS S BRINK 89 COUNTRY VIEW ESTATES NEWVILLE, PA 17241 _ PS Form 3817, January 2001 M O DO cm O D Sm m '^ r M m n 00=0 I. i zr 00 1'.3 C o°o -0 n D m rv M W r 4-1 _. y 1t...i '?JI -,Zj c6 LISA A. BRINK, Plaintiff V. THOMAS S. BRINK, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -1162 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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) and or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Thomas S. Brink, on March 2007, by certified, restricted delivery mail, addressed to him at Green Ridge Village, 210 Big Spring Road, Newville, Pennsylvania, 17241, with Return Receipt Number 7003 3110 0004 5768 1541. 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 plaintiff: by defendant: (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: March 17, 2008. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: Filing date: April 17, 2008. 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: Notice dated and filed on April 17, 2008 and mailed April 18, 2008 by regular mail. See Affidavit of Service filed April 25, 2008. Prothonotary: Prothonotary: Date defendant's Waiver of Notice in Section 330 Marcus , Attorne f Plaintiff Date: May 21, 2008 (b) Date plaintiffs Waiver of Notice in Section 3301(c) 91vorce was. filed with the filed with the Esquire r? ?V ?N r p Fri .?y.' C o IN THE COURT OF COMMON PLEAS LISA A. BRINK OF CUMBERLAND COUNTY STATE OF PENNA. PLAINTIFF VERSUS THOMAS S. BRINK, DEFENDANT NO. 2007 - 1162 CIVIL TERM DECREE IN DIVORCE AND NOW, 1'? a V ?? ZW IT IS ORDERED AND DECREED THAT LISA A. BRINK , PLAINTIFF, AND THOMAS S. BRINK 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 f_