HomeMy WebLinkAbout04-1671
CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
PEDRO BRISENO
Defendant
04 -11.'7/ CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFF.ND 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 divorce is indignities or irretrievable breakdown ofthe
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYERS'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 St
Carlisle, PA 17013
(717) 249-3166 OR (800) 990-9108
CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
PEDRO BRISENO
Defendant
64 -II.. rr I CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
1. Plaintiff is CASSANDRA E. BRISENO, who currently resides at 130 East
North Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is PEDRO BRISENO, who is believed to currently reside at
253 S. Front Street, Steelton, Dauphin County, Pennsylvania.
3. The Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six (6) months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on November 7,1993, in Carlisle,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Divorce is sought pursuant to the provisions of the Divorce Code, S S
3301(a)(l), 3301(a)(2), 3301(a)(6), 3301(c), and 3301(d), in that:
a. The Defendant committed willful and malicious desertion, and
absence from the habitation of the injured and innocent spouse,
without reasonable cause;
b. The Defendant committed adultery; and
c. The Defendant offered such indignities to the Plaintiff as to render
Plaintiff's condition intolerable and life burdensome.
d. The marriage is irretrievably broken.
e. Plaintiff and Defendant have lived separate and apart since
October 31, 2002, and continue to do so.
7. 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 such
counseling.
8. Plaintiff does not wish to participate in counseling, pursuant to gg3301(c) and
3301(d) of the Divorce Code.
9. The Plaintiff in this action is not a member ofthe Armed forces.
WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce.
Respectfully submitted,
JO~~&~ ~- I~-o~
Counsel for Plaintiff
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
VERIFICATION
I, CASSANDRA E. BRISENO, verify that the statements made in this petition
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities.
Ai J6joy
Date
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Plaintiff, CASSANDRA RISENO
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CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
PEDRO BRISENO
Defendant
(?~- '1,11 CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, John C. Porter, counsel for Plaintiff hereby certify that a copy of the Complaint
for Divorce, directed to Defendant, was served upon Defendant at Defendant's residence,
253 S. Front Street, Steelton, Dauphin County, Pennsylvania this J1th day of
~'t:: \ , 2004, by first-class mail, postage prepaid, and certified mail, return
receipt requested, pursuant to Pa. C.R.P. 1930.4( c),
J!f@r
Johri C. Porter, Esq.
Pa Sup. Ct. ID# 90152
61 West Louther Street
Carlisle, Pennsylvania 17013
717-249-1177
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CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
PEDRO BRISENO
Defendant
No. 04-1671 CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
To the Prothonotary:
Please re-instate the attached Complaint against Pedro Briseno in the above
captioned action and return the same, along with the extra copy, to the undersigned for
servIce.
y- JO-O~
'-
Andrew . ha , squire
PA Supreme Ct. J.D. No. 87371
61 W. Louther St.
Carlisle, P A 17013
(717) 249-1177
Attorney for Plaintiff
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CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
PEDRO BRISENO
Defendant
04-1671 CIVIL ACTION - LAW
IN DIVORCE
PRACEIPE TO ENTER APPEARANCE AND WITHDRAWAL
TO THE PROTHONOTARY:
I. Kindly enter the appearance of Andrew H. Shaw, Esquire, and Stephanie E. Chertok,
R.N., Esquire, as Counsel of Record for the Plaintiff in the above matter. Please serve
all papers to 61 West Louther Street, Carlisle, P A 17013.
2. Please withdraw the appearance of undersigned counsel on behalf of the Plaintiff,
John C. Porter.
I, John C. Porter, Esquire, hereby withdraw my representation on the
John C
~/ t 7/2004
_ .--r- /2004'
9 -;?t:,~OS:
BY:
'----.
Andrew . Shaw, Esq.
PA Sup. Ct. 10# 87371
Stephanie E. Chertok, R.N" Esq
PA Sup, Ct. 10# 52651
Attorney's for Plaintiff
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
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CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
PEDRO BRISENO
Defendant
04-1671 CIVIL ACTION - LAW
IN DIVORCE
PROOF OF SERVICE
I, Andrew H. Shaw, Esq., do hereby certifY that a copy of the Divorce Complaint filed in
this matter was served by the Dauphin County Sheriff, to the Defendant's Authorized Agent at
1601 South 19th Street, Harrisburg, PA 17104 on September 15, 2005.
The Acceptance of Service signed by the Defendant's Authorized Agent and the Dauphin
County Sheriff s Return signed by the Dauphin County Sheriff are evidence of delivery to the
Defendant and are attached hereto.
DATE:
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Andrew H. aw, squire
Supreme Court ID No. 87371
61 W. Louther St
Carlisle, PA 17013
717-249-1177
Attorney for Plaintiff
William T. Tully
Solicitor
~\\i'~ of t4.e ~I,e.t'if
~ :E
Charles E. Sheaffer
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputv
Dauphin County
Harrisburg. Pennsylvania 17101
Ph: (717) 780-6590 fax: (717) 255-2889
www.dauphincounty.org
J. R.Lotwick
Sheriff
ACCEPTANCE OF SERVICE
I accept service of the
(on behalf of
and certify that I am authorized to do so).
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Date
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Mailing Address
J~13(~ JA II ,,);
s- 1
@ttb:~ of tlll~ ~4eriff
William T. Tully
Solicitor
Charles E. Sheaffer
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 171 0 I
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
BRISENO CASSANDRA E
vs
County of Dauphin
BRISENO PEDRO
Sheriff's Return
No. 1545-T - -2005
OTHER COUNTY NO. 04-1671
AND NOW: September 15, 2005 at 12:23PM served the within
REINSTATED COMPLAINT IN DIVORCE
upon
BRISENO PEDRO
by personally handing
to WESLEY A LAW - WAREHOUSE MANAGER
1 true attested copy(ies)
of the original
REINSTATED COMPLAINT IN DIVORCE
and making known
to him/her the contents thereof at POE: POWER COMPONENT SYSTEMS INC
1601 S 19TH ST
HARRISBURG, PA 17104-0000
Sworn and subscribed to
So Answers,
Jf~
>efore me this 15TH day of SEPTEMBER, 2005
Sheriff of Dauphin County, Pa.
~A/
By
t;:f;4
Z
Duty Sheriff
Sheriff's Costs:$26.25 PD 09/01/2005
RCPT NO 210192
NOT ARlAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1,2006
FRITZ
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-01671 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BRISENO CASSANDRA E
VS
BRISENO PEDRO
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
BRISENO PEDRO
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT - DIVORCE
On September 21st , 2005 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
Postage
18.00
9.00
10.00
26.25
.74
63.99
09/21/2005
STEPHANIE CHERTOK
So answers: . .",~/
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Sheriff of Cumberland County
.-/
Sworn and subscribed to before me
this :L~ day of ~
CY6V~ A'~::/L
. l/z~notJrY
In The Court of Common Pleas of Cumberland County, Pennsylvania
Cassandra E. Briseno
VS.
Pedro Briseno
No. 04-1671 civil
Now, August 31, 2005
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
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Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_,at
o'clock
M. served the
within
upon
at
by handing to
copy of the original
a
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
methis_dayof ,20_
COSTS
SERVICE
.MILEAGE
AFFIDAVIT
$
$
William T Tully
Solicitor
~\\\'e of t~c ~Ir~.t'iFF
Charles E. Sheaffer
Ch;e! Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
Ph: (717) 780-6590 fax: (717) 255-2889
www.dauphincounty.org
J. R. Lotwick
Sheriff
ACCEPTANCE OF SERVICE
I accept service of the
(on behalf of
and certify that I am authorized to do so).
~ \ \S\U)
Date
l(j A L.vJ
J bol 5. 1(-1-1 ~ f-If5(- fA II {t-)L;
Mailing Address
s-]
@ffice of tire ~4eriff
William T. Tully
Solicitor
Charles E. Sheaffer
Chief Deputy
Mary Jane Snyder
Rea] Estate Deputy
Michael W.Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (7]7) 780-6590 fax: (7] 7) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
BRISENO CASSANDRA E
vs
County of Dauphin
BRISENO PEDRO
Sheriff's Return
No. 1545-T - -2005
OTHER COUNTY NO. 04-1671
AND NOW:September 15, 2005 at 12:23PMserved the within
REINSTATED COMPLAINT IN DIVORCE
upon
BRISENO PEDRO
by personally handing
to WESLEY A LAW - WAREHOUSE MANAGER
1 true attested copy(ies)
of the original
REINSTATED COMPLAINT IN DIVORCE
and making known
to him/her the contents thereof at
POE: POWER COMPONENT SYSTEMS INC
1601 S 19TH ST
HARRISBURG, PA 17104-0000
Sworn and subscribed to
So Answers,
Jf~
Sheriff of Dauphin County,
A:71,~~1::
Pa.
lefore me this 15TH day of SEPTEMBER, 2005
~~
By
NOTAR]AL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. I, 2006
Sheriff's Costs: $26.25 PD 09/01/2005
RCPT NO 210192
FRITZ
IN THE COURT OF COMMON PLEAS
CASSANDRA E. BRISENO
l'laintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL DIVISION
PEDRO BRISENO
Defendant
NO.04-1671
CIVIL TERM
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:
~~Mt~i~Hm~~mM~*)
3301 (d)(1) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: Sheriff Service on September 15,2005
3. Complete either paragraph (al or (b).
(a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code:
by plaintiff ; by defendant
(b) (1) Date of execution of the affidavit required by 93301 (d)
of the Divorce Code: nACAm],Ar 6 ?oo<;
,
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
December 6.2005
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: l)pC'pmnpr F. :Jon!) ny C'prtifie.iI <"Inri firRt clRRR m,qil
(b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with
the Prothonotary:
Date defendant's Waiver of Notice in 83301 (c) Divorce was filed with
the Prothonotary:
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Attorney for Plaintiff / Defendant
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CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
PEDRO BRISENO
Defendant
04-1671 CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY OF !l3301(d) DIVORCE
DECREE
To Pedro Briseno:
You have been sued in an action for divorce. You have failed to answer the
complaint or file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after
December 26, 2005, 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 signatore
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 for 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, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIO
NABOUT 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 St.
Carlisle, P A 17013
(717) 249-3166 OR (800) 990-9108
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CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
PEDRO BRISENO
Defendant
04-1671 CIVIL ACTION - LAW
IN DIVORCE
NOTICE
If you with to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
I. The parties to this action separated on October 31, 2002 and have
continued to live separate and apart for a period of at least two years.
2. The malTiage is ilTetrievably broken.
3. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and COlTect. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9
4904 relating to unsworn falsification to authorities.
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CASSANDRA E. BRISENO,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
PEDRO BRISENO,
DEFENDANT
04-1671 CIVIL TERM
ORDER OF COURT
AND NOW, this
"?.Q
day of December, 2005, the request for the
entry of a decree in divorce, IS DENIED.1
By the Court,-)
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Edgar B. Bayley, J.
)\
Andrew H, Shaw, Esquire vtul /. o~ '01.- /
For Plaintiff .Uf</ /I'V<4
:sal
Cf-"
1 Pa. Rule of Civil Procedure 1920.72(d) requires that a Section 3301 (d) affidavit
notify the other party to file a counter-affidavit within twenty (20) days of service,
or the statements in the affidavit will be admitted. Rule 1920.73, providing for a
notice of intention to request the entry of a Section 3301 (d) divorce decree,
requires that it include a statement that, "You have failed to . . . file a counter-
affidavit to the ~ 3301(d) affidavit. Therefore, on or after (a date), the other party
can request the court to enter a final decree in divorce." (Emphasis added.)
Here, it is represented that the notice of intention to request the entry of a
Section 3301 (d) divorce decree was served on defendant by mail sent December
6,2005, the same day the Section 3301(d) affidavit was signed. Neither was
filed until December 27, 2005. Because defendant has twenty days from service
of the Section 3301 (d) affidavit to file a counter-affidavit, defendant cannot be
notified on the same day it is purportedly served that there has been a failure to
file a counter-affidavit.
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CASSANDRA E. BRISENO
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
PEDRO BRISENO
Defendant
04-1671 CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE
DECREE
To Pedro Briseno:
You have been sued in an action for divorce. You have failed to answer the
complaint or file a counter-affidavit to the 9 3301(d) affidavit. Therefore. on or after
January 26, 2006, 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 for the foml 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, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIO
NABOUT 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 St.
Carlisle, PA 17013
(717)249-3166 OR (800)990-9108
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CASSANDRA E. BRISENO
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
PEDRO BRISENO
CIVIL DIVISION
DIFR~mANT
NO. 04-1671
CIVIL TERM
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:
~~m~~~~Mm~~
3301 (d)(1) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner oi service oi the complaint: Sheriff Service on September 15, 2005
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code:
by plaintiff ; by defendant
(b) (1) Date of execution of the affidavit required by 93301 (d)
oi the Divorce Code: December 6,2005
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
December 6, 2005
4. Related claims pending: Nnnp
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intenrion to f'le praecipe to transmit record, a
copy of which is attached: January 5, 2006 by first class mail.
(b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was fiied with
the Prothonotary:
Date defendant's Waiver of Notice in ij3301 (c) Divorce was filed with
the Prothonotary:
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Attorney for Plaintiff / Defendant
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
CASSANDRA E. BRISENO
PENNA.
STATE OF
No.
04 1/;71
VERSUS
PEDRO BRISENO
DECREE IN
DIVORCE
NOW'_~
,
~-b
-z-
AND
, IT IS ORDERED AND
CASSANDRA E.
BRISENO
DECREED THAT
, PLAINTIFF,
PEDRO BRISENO
AND
, 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
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