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Home My WebLink About06-1034 1'1 " MICHAEL J. BRINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA \ I I I i 1\ II ,I ',I I MELISSA F, BRINER, Defendant NO. 2006 - 1()1L{ CIVIL ACTION-LAW IN DIVORCE CIVIL V. NOTICE TO DEFEND AND CLAIM RIGHTS ,I i ! You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 I \. 'I ... MICHAEL J. BRINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - JD.JLf , CIVIL MELISSA F. BRINER, Defendant CIVIL ACTION-LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff, Michael J. Briner, is an adult individual residing at 402 Ann Street, Middletown, Dauphin County, Pennsylvania, 17057-1107. 2. Defendant, Melissa F. Briner, is an adult individual residing at 15 Fairmont Avenue, Wellsville, York County, Pennsylvania, 17365-9401. 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 July 20, 1996 in York County. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. \ \ I L , WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael1Jfi~~ire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas\Domestic\Briner\divorce.comp . l I I I: I I' I MICHAEL J. BRINER, Plaintiff V. MELISSA F. BRINER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- CIVIL CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Complaint 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: November )3 ,2005 ~+I~. ::-,/ , HA L J. BRINER " , MICHAEL J. BRINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006- CIVIL MELISSA F. BRINER, Defendant CIVIL ACTION-LAW IN DIVORCE AGREEMENT TO VENUE PURSUANT TO RULE 1920.2 The undersigned parties agree to this action being brought in Cumberland County, Pennsylvania. Date: November /3 ,2005 .- Date: November Jlz.-, 2005 J) 1e..(1">+'> f6~ / 4( MELISSA F, BRINER - r"'. r.,.... (') , , --1q. ,'.. ('.:',', "'n () L..-' -n ;.J \- 1-' -- ~;..,,) *- ...0 ['.) C> -- _,--0 l: - - - . -..'l ~ B 'l""'-) -t - j....' ~ -..0 -J .- r ~ -f- ---L Ii MICHAEL J. BRINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - i03~ CIVIL CIVIL ACTION-LAW IN DIVORCE , V. I II MELISSA F. BRINER, . Defendant i I I I ,I II I [ ,[ II Ii i , WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(cl AND & 3301(dl OF THE DIVORCE CODE 1. I consent to the entry of a finel! decree of divorce without notice. 2. I understand that I may lose right concerning alimony, division of property, I il lawyer's fees or expenses if I do not claim them before a divorce is granted. , , I I I Court and that a copy of the decree will be sent to me immediately after it is filed with the II prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that 3. I understand that I will not be divorced until a divorce decree is entered by the false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. DATE: -I' '] (,.. I ,2006 I', ! I \ .,0" ,. MICHAEL J. BRINER c! ..n -' , ,. \..,:) : r': c: il MICHAEL J. BRINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 10M CIVIL MELISSA F. BRINER, Defendant CIVIL ACTION-LAW 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 upon you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hdl OF THE DIVORCE CODE 1. The parties to this action separated in January 1, 2001 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 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 Pac C.S. S 4904 relating to unsworn falsification to authorities. DATE: ...} L./ ,2006 . .. ; ~.;:,. .....:.1" ;',.-'/~'~ MICKAEL J. BRINER o c ..< :;:...; ,",-..) I..i) c" c:' ",,: ;n -< ,i MICHAEL J. BRINER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 1034 CIVIL TERM MELISSA F. BRINER, Defendant CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE , , II AND NOW, on this the <~~ ' day of ,f\. ,( ,i ~I ,2006, I, Melissa F. Briner, l'i:1 . Defendant, hereby accept service of the Divorce Complaint filed in the above action II pursuant to Pac R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy , I of said Complaint. I I I l\~ ~", i \ ..;; <:" .:, _~. ~:- ;".-~.'~" (, ,,";_ r~:-) VL..\ ) ,1'1 ' " " I .......< ~_~ I_- Melissa F. Briner I I C) ...:.0[0; :::-j ;1-:; (,) c.:) , f'':' 'I c..) ------- - " MICHAEL J, BRINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA F. BRINER, Defendant NO. 2006 - 1034 CIVIL ACTION-LAW IN DIVORCE CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301lcl AND & 3301ldl OF THE DIVORCE CODE I I I I' 1. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose right concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. i 3. I understand that I will not be divorced until a divorce decree is entered by the ! 'II Court and that a copy of the decree will be sent to me immediately after it is filed with the I prothonotary. , i I 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. ,I I Ii DATE: ,2006 n~Q{0~f~ MELISSA F. BRINER c: I MICHAEL J. BRINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA F. BRINER, Defendant NO. 2006 - 1034 CIVIL ACTION-LAW IN DIVORCE CIVIL COUNTER-AFFIDAVIT UNDER ~ 3301/dl OF THE DIVORCE CODE 1. Check either (a) or (b): ~ (a) (b) I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because (Check (i), (ii) or both) (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ~ (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa.c.s. section 4904 relating to unsworn falsification to authorities. DATE: LJ!()5jo ({) ,2006 -fA9..v 1~,>S~ b-\ ~ MELISSA F. BRINER NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. c MICHAEL J. BRINER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 1034 CIVIL TERM MELISSA F. BRINER, Defendant 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. Code. Ground for divorce: irretrievable breakdown under Section 3301(d)of the Divorce I, 2. Date and manner of service of the Complaint: Defendant signed an Acceptance II of Service on March 23, 2006. Ii Ii 3. Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the I I! Divorce Code: March 27, 2006. [I Date of service of the Plaintiff's Affidavit upon the Defendant: February 28, 2006. II I, i I 4. Related claims pending: None. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: Notice was sent by regular, postage prepaid mail to the Defendant's address of record, namely Melissa F. Briner, on February 28,2006, and Defendant signed attached Waiver on April 25, 2006.. Respectfully submitted, Micha~tSqUire -; ,~ '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "''''''' '" "'''' '" "',.;'" ,.; ,.; "',.;'" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. MICHAEL J. BRINER, Plaintiff No, 2006 - 1034 CIVIL VERSUS MELISSA F. BRINER, Defendant DECREE IN DIVORCE AND NOW, ~1 ~b, IT IS ORDERED AND DECREED THAT MICHAEL J. BRINER , PLAI NTI FF, AND MELISSA F. BRINER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; NONE. T: J. '-{!~~ROTHONOTARY ;t; ;t; ;t; ;t;;t;", ,.,,., ,., ,., ,., ,., ,., '" ,., ,.,'" "'''';t' ;t' "'''';t';t' ;t' ;t' ;t' ;t' ;t' ;t' '" ;t' ;t' ;t' ;t' ;t' ;t' ;t' ;t' ;t' '" ;t' ;t' ;ti ;t' ;t' - lIP ~ ~' ~Jt; ~Fr$~~-~ . ~ ...., -,... 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