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Home My WebLink About05-5886 . - ANGIE CABRERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE :' NO. 05- "')1Jg\, CIVIL TERM OSMAN CABRERA, Defendant 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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, 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THA T 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 (717) 249-3166 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. ~ . ANGIE CABRERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : NO. 05- fYFr;. CIVIL TERM OSMAN CABRERA, Defendant DIVORCE UNDER 23 Pa.C.S. ~~ 3301(d) OF THE DIVORCE CODE The plaintiff, Angie Cabrera, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: I. Plaintiff is Angie Cabrera, who currently resides at 11 East Manor Avenue, Enola, Cumberland County, Pennsylvania 17013, since September 5, 2005. 2. Defendant is Osman Cabrera, who currently resides at 707 Veronica Lane, Enola, Cumberland County, Pennsylvania 17013, since October 2002. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on July 1, 1996 in Hagerstown, Maryland. 5. Plaintiff and Defendant have lived separate and apart since October 2002. 6. There have been no prior actions for 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. , ....- WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Date: ill N /0:".-1 I t J ,~ /} 7{ ,,-";-"9 "'- ...) / /,,- essica L. Bowman Certified Legal Intern u.,. ~.(- Robe . ains ~ Thomas M. Place Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 .. ' > .. VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date / J - ~ -C6 Plaintiff{J~Jl Angie;: Qb~, \c. ~ '-' _L" ,-, .~::: ../ r....:o c::> "') c..1 ~;~ -< '. rn l::j .j.: -f,: r>? :, ~~ c.:. w ANGIE CABRERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE OSMAN CABRERA, Defendant : NO. 05- ~(" CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations 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. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated in October 2002, and have continued to live separate and apart for a period of at least 2 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! 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. 94904, relating to unsworn falsification to authorities. ~ Date!/ -? {)5 QQPc!cr,~ Plaintiff en ("") {:~ ....^-- 0..... ..:r :-""",, C'J ..,'" '1'> " !-L. (.7;) :,:5 0 C:;;~J U '''' ANGIE CABRERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : NO. 05- 5ft(, CIVIL TERM OSMAN CABRERA, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Angie Cabrera, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date /I / /4/ us-' I Respectfully submitted, ! "oJ I ,{2!.//C"c "~.. -If",' 'J} 16'--......-- Jessica L. Bowman / Certified Legal Intern ~;:~-~ ROBE INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 ::r> (':") ~~ "- ~J.- ..:.1' ~ t.J":> .;::;;) c;::') ,-.. '.'( ;3 " ANGIE CABRERA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE OSMAN CABRERA, Defendant NO. 05-5886 CIVIL TERM CERTIFICATE OF SERVICE I, Jessica L. Bowman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Osman Cabrera, residing at 707 Veronica Lane, Enola, PA 17025, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Osman Cabrera, on the 16'h day of November, 2005 as evidenced by the attached green card. /1 /-) {' (< '~.' /r "/('--Y '-_.,~;- ^'\ ." , ", _', '_.'" ',( .._ ~ ,A __( f Jessica L. Bowman / Certified Legal Intern '/) ~ (-! r--!-tU/ ,zt.-"-Ir CcLLi, ~ Lucy ton-Walsh, Esq. Supervising Attorney ?I ,:;;, ~'-"'__" F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ""~. . ~ '.. U1 U1 ...lI S U.S. Postal Service," CERTIFIED MAil,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru rn ...lI ru Postage rn CI o Return Receipt Fee o (Endorsement Required) o Restricted Delivery Fee [l"'" (Endorsement Required) rn CI Certified Fee Total Postage & Fees $ . ~ J.3D i'l 3.W ~ -IS , tt\i \, 0",)"/ \.. t.\J\JJ_ .."'----~-. ,~l- ~,.:. U1 ~ ~;;~:Oii;-----~~2~'-??/l!1.;~-;~~:~.----..----m.----..... CjtY;.fiiate:z,-P;4n.-Z--7.------lI.n~---h.m--nuuhm-~.m I? ~_ j?A 1'7C'~ PS Form 3800 JUlle 20n2 See Reverse for Instructions SENDER: COMPLETE THIS SECTION . 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 back of the mail piece, or on the front if space permits. 1. Article Addressed to: CJ.5?nd./7 {7 aO!"N4 7 CJ7 tMr571/;A U",ZL E~, f?~ /7L>J.0 COMPLETE THIS SECTION ON DELIVERY A. x B. Received by (Printed Name) oJ 'i"" "\ ~ Cl:>.4? . O. Is delivery address different from item 1? If YES, enter delivery address below: RESTRtCTFD 3. Service Type ':ti Certified Mall fJ-Registered o Insured Mail D Express Mall o Return Receipt for Merchandise OC.O.O. 4. Restricted Delivery? (Extra Fee) Yes PS Form 3811 , February 2004 2. Article Number n /) r' (Transfer fli,1r1 ""tiilce label) 7 vv....) 0 :3 'lOb Oc:7 3 d {.3J. t./t.s-.5' Domestic Return Receipt 10259S-02.M.1540 ,<0 ;!:'o bO :PC: Z -~ ,'., r0 "" c_~ ~.::, ':.Ti o -n .... F:~l~] . ~:'~. ANGIE CABRERA Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. : CIVIL ACTION - LA W : IN DIVORCE OSMAN CABRERA Defendant : No. 05-5886 CIVIL TERM CERTIFICATE OF SERVICE I, Stephanie Botabara, hereby certify that I served a Counter-Affidavit and a Notice of Intention to Request Entry of a Divorce Decree on Osman Cabrera on February 3, 2006, by first class United States mail, at the following address: Osman Cabrera 707 Veronica Lane Enola, P A 17025 Date C:2/ 0 "3/0& Ste;!~;a Certified ~~ THOMAS PLACE ROBERT E. RAINS ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH Supervising Attorneys :;r- O. ..L ..1J <. n' ni ~ rB U.S. Postal Service"" CERTIFIED MAIL,., RECEIPT I (Domestic Mail Only,' No Insurance Coverage PrOVIded) , ~ Aes:ricled Delivery Fee rn (Endorsement ReqUired) o Certified Fee JL:~M, A1A!b 0'.-fli& ..... F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 . [Tl o o o Return Recelpt Fee (Endorsement RequIred) Total Postage & Fees $ S8.08 L1l "0 o r- , D~/0312006 enlTo /) II s..---...Ul5D:XLI'.Ln.U2..bl:1.aL..nnn..__....._...._n._..... ;,:~:::.::'t 7t2.7 .Jlt.J::L101.[(J...___lila.-n....___. ..nn.. City, State. ZIP.4 Er I'll / t 6- - . . :11 I"--,J <:.7.:\ C'::'.:) 0" -" rn t:;U I W n -1'1 --, ~.-ftf~ -:~~ ~'.~ .lC',l -.-:.; .,- -~ -:;, :i~ ~ c:' --~ rn , ) -::,-~ :D -< ';": C., 1"'0 - " ,. Ms. Angie Cabrera, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY Mr. Osman Cabrera, Defendant : No. 05-5886 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under s330l(d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Osman Cabrera, Nov. 16,2005. 3. (a) Date of execution of the affidavit of required by s330I (d) of the Divorce Code: Nov. 8,2005; (b) Date of filing and service of the plaintiffs affidavit upon the respondent: Feb. 4, 2006. See attached copy of return receipt signed by respondent. 4. Related claims pending: none 5. Date and manner of service of the Notice ofIntention to Request Entry of S330 I (d) Divorce Decree and Counter-Affidavit, copies of which are attached: Feb.4, 2006, by regular US mail. 3/3/cL Date! I THOMAS M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 N. Pitt Street Carlisle, P A 17013 717-243-2968 Attorneys for Plaintiff 8 SENDEH CUMPt l n- TfilS SE.er/ON . . . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name anq address on the reverse so th~we can return the card to you. . AttacI! 11118 cord to the back of the mail piece, or OIl'"' frlInt if space permits. 1. Artk:1e AddresSed to: ~CX~ B. Received by (Printed Name) C; o Agent o Addressee g'tr. Is delivery address different from item 1? '-, If YES. enter delivery address below: tJ5Mtl.17 ~rer<l- '7 ()7 JltrtJii/(/L LarJ.L ,EnO/4, P,if /7-tJ~ 3. ~Mall 0 Exp.... Mall [D"Regl5tered 0 Return Receipt for Merchandise o Insuoed Mall 0 C.O.D. 4. , R_clod Delivery? (Extra Fee) 0 Yes 2. 7005 0390 0003 2632 6604 : PS Form 3811, February 2004 Domestic Return Receipt 102595-02.M-154Q - . . Ms. Angie Cabrera, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. Mr. Osman Cabrera, Defendant : CIVIL ACTION - LAW : DIVORCE : NO: 05 - 5886 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF !l3301(d) DIVORCE DECREE TO: DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the !l3301(d) affidavit. Therefore, on or after February 23, 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 cOUli 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE 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, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. . ANGIE CABRERA Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN DIVORCE OSMAN CABRERA Defendant : No. 05-5886 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER 113301(d) OF THE DIVORCE CODE I. Check either (a) or (b): ( ) (a) I do not oppose the entry of a divorce decree. ( ) (b) 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! 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 understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. 94904 relating to unsworn falsification to authorities. Date Osman Cabrera 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 SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. --... -- .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. :+::+O:+.:t::+.:+. .. . . . . :+::+:+:+: . . . :+::+::+::+::+::+::+::+::+::+::+::+::+::+:+.+.+:+::+:+++.:+:+.:+:+.+.++.+.:+::+:+ +.:f Of':+' +. +.:+: +. . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . , . . , , . . . . . . . . , . . . . . , . . . , . . . , . , . , . . , , . . , . , . . . . , . . , , . . . . . . . . . . . . . . . . . . . . . . , ++'++++++++:+:'f't:'+'+ IN THE COURT OF COMMON PLEAS STATE OF Angie Cabrera Plaintiff VERSUS Osman Cabrera Defendant OFCUMBERLANDCOUNTY PENNA. No. 05-5886 DECREE IN DIVORCE a- /.'30f'''' . AND NOW, March f? , IT IS ORDERED AND DECREED THAT Angie , . , , . . . , . . . . . . , . , , . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . ~++++++++++++++++ AND Osman Cabrera 2006 Cabrera , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . Of '+ Of:+. +.:+: NbtJE ATTEST: J. ROTHONOTARY .. :+: 'of Of. Of Of:+: +:+:++'+':+: . .n ++++:+''l'+++:+: ,4:7 ~ /;'ff"V'H7 r~,K, . 7;:/ :z ~i/ ~-r::P " : " '70 (, " " "7c? 6 ,[~