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Home My WebLink About02-1392ANGELA I. TOSCANO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JOSE LUIS BERNAL TOSCANO, : CIVIL ACTION - LAW Defendant : 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 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 fights 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 Tills 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (7~7) 249-3166 ANGELA I. TOSCANO, Plaintiff VS. · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. JOSE LUIS BERNAL TOSCANO, Defendant · CIVIL ACTION - LAW : DIVORCE/CUSTODY AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar aceion con pronfimd. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corm. Una decision puede tambien ser emifida en su contra por eualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propied~es o otros dereehos importantes para ustect C-ando la base para el divoreio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de eonsejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, PA 17013· SI USTED NO RECLAMA PENSION AL1MENTICIA, PROPB:~DAD MARITAL, HONORARIOS DE ABOGADO O OTROS GASTOS ANTES DE QUE ~L DECRETO FIN~ DE DIVORCIO O ANULA2x41~O SEA EM1TIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUI~RA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O ! LAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ANGELA I. TOSCANO, Plaintiff VS. JOSE LUIS BERNAL TOSCANO, Defen~snt · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION- LAW · DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF TilE DIVORCE CODE The Plaintiff, Angela Toscano, by and through her attorney, Jeann6 B. Costopoulos, Esquire, avers the following: Count I - Divorce 1. The Plaintiff, Angela Toscano, is an adult individual who currently resides at 320 3~ Street, West Fairview, Cumberland County, Pennsylvania, 17025. 2. The Defendant, Jos6 Luis Bernal Toscano, is an adult individual who receives mail c/o Travel Inn, 300 Commerce Boulevard, New Cumberland, PA 17070. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiffand the Defendant were married on February 14, 1993 in California. 5. There have been no prior actions of divorce or for aunulmem between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. The marriage is irretrievably broken· 8. The Plaintiffhas been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. There are three dependent children from this marriage, namely Jose A. Toscano, born 10/16/93, Alejandra I. Toscano, born 4/10/96, and Miguel E. Toscano, born 9/14/98 10. This action is not collusive. Count H- Alimony Pendente Liten Counsel F~.~ 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff lacks the sufficient property and resources to provide for her reasonable means while sustaining this litigation. 13. Plaintiff requires reasonable support to adequately maintain herself and the children while pursuing her divorce claims. WI~.REFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite and attorneys fees. Count Ill - Custody 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. Nme Jose A. Toscano Alejandra I. Toscano Miguel E. Toseano 15. The Plaintiff seeks primary of the following children: Presem Residence 320 N. 3rd Street West Fairview, PA 17025 320 N. 3rd Street West Fairview, PA 17025 320 N. 3rd Street West Fairview, PA 17025 Age 8yrs DOB 10/16/93 5-1/2 yrs DOB 4/10/96 3yrs DOB 9/14/98 The children are presently in the custody of their mother, Plaintiff Angela Toscano, who resides at 320 3~a Street, West Fairview, Cumberland County, Pennsylvania 17025. Since June of 1999, the children have resided with the following persons and at the following Plaintiff Plaintiff addresses~ Name Address Dates Plaintiff 320 N. 3~ Street 11/2001 to present West Fairview, PA 17025 614 Cumberland Point Circle Mechanicsburg, PA 17055 3 N. Enola Drive Enola, PA 17025 8/2000 to 11/2001 6/1999 to 8/2000 The natural mother of the children is Angela Toscano, Plaintiff, currently residing at 320 3~a Street, West Fairview, Cumberland County, Pennsylvania 17025. It is unknown where or with whom the natural father of the children, Jose Luis Bemal Toscano, resides. 16. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: subject children, 17. The relationship of the Defendant to the children is that of natural father. Plaintiff has no personal knowledge with whom Defendant resides. 18. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 20. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the childrett (b) Plaintiffhas established a relationship with the children. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the children. (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. (e) The Plaintiff has been the primary caretaker of the children since birth. 21. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this actior~ No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plainfiffrespectfully requests this Honorable court to confirm in her prima~ physical custody of her children. RESPECTFULLY SUBMITTED: Jea B.m~Costopoulos, Esquir~'~ 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 ATTORNEY FOR PLAINTIFF A.N~ELA TOSCANO, Plaintiff JOSE LUI~OSCANO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :No. : : CIVIL ACTION- LAW : DIVORCE/CUSTODY VERIFICATION I, Angela Toscano, hereby verify that the statements made in the foregoing Divorce Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. ANGELA I. TOSCANO PLAINTIFF V. JOSE LUIS BERNAL TOSCANO DEFENDANT : 02-1392 : IN CUSTODY ORDER OF COURT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Tuesday, April 02, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, April 16, 2002 at 8:30 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 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 ora 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/ Melissa P. Greevy, Esq. Custody Conciliator The Court o£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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 APR ~ $ 2002 ANGELA I. TOSCANO, Plaintiff V. JOSE LUIS BERNAL TOSCANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1392 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z-ff ~ day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Angela I. Toscano and Jose Luis Bernal Toscano, shall have shared legal custody of the minor children: Jose A. Toscano born October 16, 1993, Alejandra I. Toscano born April 10, 1996 and Miguel E. Toscano born September 14, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. {}5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody of the minor children subject to Father's rights of partial physical custody which shall be arranged as: A. To commence April 26, 2002, on alternate weekends from Friday to Sunday. The specific times of custodial exchange shall be agreed upon by the parties. It is contemplated that the times may vary, based on the parties' work schedules. B. At other such times as the parties may agree. 3. Holidays. The holidays shall be shared as the parties may agree. 4. Vacation. Each parent shall be entitled to one week of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Diana Martinez shall not be present for any of Father's periods of partial custody absence express agreement of the Mother. 6. This Order is temporary in nature and may be modified upon mutual agreement of the parties. Absent that mutual agreement, the terms of this Order shall control. Dist: BY THE COURT: Jeanne B. Costopoulos, Esquire, 1400 N, Second Street, Harrisburg, PA 17102 Jose Luis Bemal Toscano, cio Travel Inn, 300 Commerce Boulevard, New Cumberland, PA 17070 ANGELA I. TOSCANO, Plaintiff V, JOSE LUIS BERNAL TOSCANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1392 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLYINTHECUSTODY OF Jose A. Toscano Al~andm I. Toscano MiguelE. Toscano October 16, 1993 Mother April 10, 1996 Mother September 14, 1998 Mother 2. A Custody Conciliation Conference was held on April 16, 2002, with the following individuals in attendance: the Mother, Angela I. Toscano, and her counsel, Jeanne B. Costopoulos, Esquire; the Father, Jose Luis Bernal Toscano, appeared pro se. 3. The parties reached an agreement in the form of~.J~er as attached. Date Melissa Peel Gree~-~, Esquire/ Custody Conciliator :157383 ANGELA I. TOSCANO, Plaintiff VS. JOSE LUIS BERNAL TOSCANO, Defendant · IN THE COURT OF COMMON pI,EAS · CUMBERLAND COUNTY, pENNSYLVANIA · No. 02-1392 Civil Term - CIVIL ACTION - LAW · DIVORCE ,~gglDAVIT 01~ NON-M'II ,ITARY ~gg. IIVICF, 1. I, Angela L Toscano, _am the Plaintiff in the above matter. 2. I personally know that the Defendant, Jos~ Luis Bemal Toscano, is over the age of eighteen (18) years. The Defendant is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldier's and Sailors Civil Relief Act of Date: 1940 and its amendments. I hereby verify that the statements made in this affidavit are txue and correct. I understand that false statements are made subject to the penalties of 18 Pa~C.S. Section 4904 r~lating to unswom falsification to authorities. Signature: Sworn to and subscribed to before me this (1Z- day~oi,r" ,2002. ANGEI& I. TOSCANO, Plaintiff VS. JOSE LUIS BERNAL TOSCANO, Defendant · IN THE COURT OF COMMON pT.EAS · CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-1392 Civil Term · CIVIL ACTION - LAW ' DIVORCE NOTICE TO TIlE DEI~ENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FN.E A COUNTERAFFIDAVIT WITHIN TWENTY (20) DAYS AFFER THIS AFFIDAVIT HAS BEEN SERV~.D ON YOU OR THE STATEMN3fFS WILL BE Aiq'I~DAV1T UNDER ,~ECYTION 3301(d) O!~ T~ D~OR~E CODE 1. ~e ~es ~ ~ ~on ~ ~ ~e of 19~ ~d ~ve ~ to live ~a~ ~d a~ for a ~d~ of at 1~ ~o y~. 2. ~e ~ ~ i~e~ly broke~ 3. I ~d ~t I ~y lose fi~ ~n~ ~imony, &~sion of pro~, ~er's f~s or e~ ffI ~ not cl~m ~em ~fore a ~vor~ is ~ 4. I he,by ~ ~t ~e ~m~ ~e ~ ~s affi~t ~e ~ ~d ~. I ~d ~t ~1~ ~me~ ~e ~ s~j~ ~ ~e ~l~es of 18 P~C.S. ~on 4~ re~g ~ urmwom falsification to authorities. Date: ~'//~/fO~, Signature: / ~, Sworn to and subscribed to before me this [~-- dayof Ao~w~,'r'~ ,2002. ANG-FJ.A I. TOSCANO, Plaintiff JOSE LUIS BERNAL TOSCANO, Defendant · IN THE COURT OF COMMON PI.gAS : CUMBER[AND COUNTY, PENNSYLVANIA · No. 02-1392 · CIVIL ACTION-LAW · DIVORCE AFFIDAVIT OF The andersi~ed hereby verifies and sta~s ti~ on ~ a_ae I pemoaally I~md-delivered upon fl~e person whom t lamw to be Jos~ Luis Be~l Tosca~, the above named Defen~ true and correct copies of~e following decumems, copies of which m'e ~ached heroin: 1) Letter from Jeam~ B. Co~poulos, Esquire, to $os~ Luis Ben~i Toscauo d~ed Aub~st 15,2002. 2) Affidavit Under Section 3301(d) of the Divorce Code filed August 15, 2002. 3) Affidavit of Non-Military Service filed August 15, 2002. 4) Counter-affidavit Under Section 3301(d) of the Divorce Code. I further hereby swear and affirm that the above statement is true and correct and is made subject to the penalties of 18 P~C.S. 4904 relating to un,worn falsification to authorities. (rr name) COSTOPOULOS & WELCH August 15, 2002 Jos~ Luls Bemal Toscano Attorneys 14~ Nort~ Second Street Harrisbur~, PA 1 7102 VIA HAND DE).IVER Y Re: Angela I. Toseano v. Jos6 Luis Bernal Toscano Cumberland County Divorce Action No. 02-1392 Dear Mr. Toseano: As you are aware, I represent Angela I. Toscano rel~ding no-fault divorce proceedings which have b~n filed against you I am herewith serving you copies of an Affidavit Under Section 3301(d) of the Divorce Code and an Affidavit of Non-Militmy Service which have both bc~-a filed in Cumberland County at the above term and dncket number. Also enclosed is a Counter-affidavit. If you do not oppose the entry ora divorce decree and wish to expedite the divorce proceedings, please check l(a) and 2(a) of the Counteraffidavit and then take both documents to a notary and sign them in the presence of the notary and return them to me in the enclosed pre-stamped envelope. Alternatively, you may ignore the enclosed and I will forward additional paperwork after 20 days which, if still ignored, will allow me to obtain a divorce decree without yo~ If you do oppose the entry of a divorce decree, you have 20 days from receipt of the Affidavit Under Section 3301(d) of the Divorce Code to file the enclosed Counter- affidavit with the Prothonotary of Cumberland County. You are encouraged to seek your own independent legal advice, but you may feel free to contact me regarding any questions or concerns. If you retain an attorney, please have him or her contact me. Also, please nofi~ me of any changes in address. Sincerely ypurs, t~mne ~. costopoulos, Esquire CC: Angela L Toseano file ANGELA I. TOSCANO, Plaintiff VS. JOSE LUIS BERNAL TOSCANO, Defendant · 1N THE COURT OF COMMON PL~.AS · CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-1392 Civil Term · CIVIL ACTION - LAW ' DIVORCE NOTICE TO TI~E DEFENI)A~ IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITHIN TWENTy (20) DAYS AFTER THIS AFFIDAVIT HAS B~.F.N SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. 1. ~e ~les to ~is action sem~*~ ;- · ..... t, ~ .. ~ :~ ~ :~ z: a~ for a ~h~ of at I~ ~ y~. : - ; '~:~ 2. The m~ is i~ie~bly broken. ~"~ .~ -,~ 3. I unde~mnd ~t I my 1o~ fig~ ~n~mng ~imony, ~hsion of pro~, ~er's f~s or ex~n~s iii do not elam ~em before a ~vor~ is ~nte& 4. I hereby ved~ ~t the ~temen~ m~e in ~is affi~t ~e ~e ~d co~. I ~demmnd ~t fal~ smtemen~ ~e ~e s~je~ m ~e ~mlfies of 18 P~C.S. ~on 49~ relating to unswom falsification to authorities. Date: _ ~/~/~?/~ Signature: Sworn to and subscribed to before me this /..1.- day of~go.~ucq-- ~ 2002. ANGFJ.A L TOSCANO, Plaintiff JOSE LUIS BERNAL TOSCANO, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-1392 Civil Term · CIVIL ACTION - LAW · DIVORCE Ab'WII~A ~ 01~ NOhI.~IlI.ITAR¥ l. I, Angela I. Toscano, am the Plaintiff in the above matter. 2. I personally know that the Defendant, Jos~ Luis Bernal Toscano, is over the age of eighteen (18) years. C3 r '~ 3. The Defendant is not in the military or naval service o£the United Statea~or.~ts allies ~:~ I. --- or otherw/se within the provisions of the Soldier's and Sailors C~vfl Reli~f~ct of 1940 and its amendments. ~? i~ ~,.-, 4. I hereby verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa_C.S. Section 4904 relating to unswom falsification to authorities. Date: Signature: Sworn to and subscr/bod to before me tiffs _ 12-- day of_~4oq, u4 r" ~ 2002. ,~eo. ANGEI,A I. TOSCANO, Plaintiff VS. JOSE LUIS BERNAL TOSCANO. Defendant · IN THE COURT OF COMMONPLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-1392 Civil Term · CIVIL ACTION - LAW : DIVORCE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry ora divorce decree because: Cheek (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 claim for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI 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 fights. I hereby verify that the statements made in this Counter-~affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa~C.S. §4904 relating to unswom falsification to authorities. Date: Signature: Sworn to and subscribed to before me this _ ~ day of_ ~ 2002· JOSE LUIS BERNAL TOSCANO Notary Public ANGELA I. TOSCANO, Plaintiff VS. · IN THE COURT OF COMMON PLEAS 'CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-1392 Civil Term JOSE LEVIS BERNAL TOSCANO, Defendant · CIVIL ACTION - LAW · DIVORCE COIII~ITER-AFFmAVIT llN1}KR SECTION 3301(d) OF TIllS. DIVORCE Cf}BF. 1. Check either (a) or CO): (a) I do not oppose the entry of a divorce decree. Co) 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 Co): gl (a) [] Co) I do not wish to make any claim for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI. do not claim them before a divorce is grantecL I wish to claim economic relief which may include alimony, division of property, lawyer's fccs, or expenses or other important rights. Date: ~-~' f~.'~ Signature: Sworn to and subscribed to before me .s ~ daY 9f~2002 I hereby verify that the statements made in this Counter-affidavit are tree and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. J~SE LUIS BERNAL TOSCANO ANGE!,A I. TOSCANO, Plaintiff VS. JOSE LUIS BERNAL TOSCANO, Defendant : IN THE COURT OF COMMON PI.FAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1392 Civil Term : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Jeann~ B. Costopoulos, Esquire, vexify that thc Complaint in Divurcc was servel upon thc I~fendant indicated above on March 27, 2002, by first class, Certified Mail No. 7001 1140 0002 1273 9103, postage prepaid, return receipt requesl~l, restricted delivery, pursuant to the requirements ofPa. R.C.P. §1930.4. Attorney for Plaintiff 1400 N. Second Street Harrisburg, PA 17102 Phone: (717) 221-0900 PA S.CL ID No. 68735 · Complete items 1, 2, and 3. Also compte~ ~item 4 if Resflictad De~ive~, is desired. I. Print your name and address on the reverse so that we can return the card to you. · "~tta~h this card to the back of the or on th~ front if space permits. 1. Article Afl~reasod to: 2. Article Number (Transfer from service label) PS Form 3811, August 2001 ~a. Recek, ed by (Pt/ntedName) C. Date of Delivery If YES, ent~ delivery address baiow: I"'l No - ~"Certified Mail [] F_xpms~ Mail [] Registered I-I Return Receipt for Merchandise [] Irmured Mail ~1'3 C.O.D. 4. Restricted Delivery? (Extra ~) ~3 v,~ 7001 11~40 0002 1273 7103 ANGELA I. TOSCANO, Plaintiff JOSE LUIS BERNAL TOSCANO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1392 Civil Term : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following info~ii~ation, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and Manner of Service of the Complaint: Service by certified restricted delivery mail no. 7001 1140 0002 1273 9103 on March 27, 2002. (See atto¢hed Affidavit of Service dated September 17, 2002) 3. Date of execution of the PlaintiW s affidavit required by §3301 (d) of the Divorce Code: August 12, 2002; Date of service of the PlainfiWs affidavit upon the Defendant: August 15, 2002 (See attaebed Affidavit of Service d~ted August 15, 2002). 4. Related claims pending: None. 5. Date of execution of Defendant's Counter-Affidavit: August 26, 2002. See attached notarized Counter-Affidavit Dated: RESPECTFULLY SUBMITTED: Jean~B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF iN THE cOUrT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of Versus PENNA. Decree IN DIVORCE AND NOW, .%~_~J{e~{~,¢~- 7~3~ , Z~O;~, iT IS OrDerED AND DECREED THAT An~{a '~, 7~SC~ ~ O , PLAINTIFF, 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; BY THE COURT: //~ __ AtjT: ~~ (~t~' J~ ' j. I~ -~PrOTHONOTARY