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HomeMy WebLinkAbout02-5474AMY R. BENTON, Plaintiff V, GERALD J. BENTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTR 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 of 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 grounds 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 Room 101, Dauphin County Courthouse, Front and Market Street, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMY R. BENTON, Plaintiff GERALD J. BENTON, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 4:2o~ - 5"? 7 ¥ 2002 : : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT IN DIVORCF AND NOW, comes the Plaintiff, Amy R. Benton, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I - Under Sections ,'3301 (,c) and 3301 (.d) of the Divorce Code 1. Plaintiff is Amy R. Benton, an adult individual who currently resides at 308 Creek Road, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff has lived at said address since April 18, 1990. 2. Defendant is Gerald J. Benton, an adult individual who currently resides at 613 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant has lived at such address since April 18, 1990. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 24, 1988 in Carlisle, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Forces. 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken and this action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Sections 3301 (c) or 3301 (d) of the Divorce Code. DATED: November ~'~, 2002 Amy R.~nton ~ DATED: November ~ , 2002 WiX, WJ iNGER & WEIDNER ? j/'~i,f~::)~ ,n J. D:z(u)rani~,//Esquire /~orney I.D. ~52653' ~/~o0~ North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff AMY R. BENTON, Plaintiff V, GERALD J. BENTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5474 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Gerald J. Benton, the Defendant in the above-captioned matter, do hereby accept service of the Complaint In Divorce. Gerald J. Bent~e~ Dated: //-/~- o z-- AMY R. BENTON, Plaintiff Vo GERALD J. BENTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 5474 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT' 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 12, 2002 and was served on the Defendant on November 15, 2002. The Defendant also executed an Acceptance of Service form on November 18, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 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. Amy R. Benton, plaintiff (/ DATE: AMY R. BENTON, Plaintiff GERALD J. BENTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02 - 5474 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 12, 2002 and was served on the Defendant ,on November 15, 2002· The Defendant also executed an Acceptance of Service form on November 18, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the ,Complaint· 3. I consent to the entry of a final decree of divorce. 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. G~rald J. Be~to~, Defenda~t DATE: AMY R. BENTON, Plaintiff V. GERALD J. BENTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 5474 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODF 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conce~rning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to rne immediately after it is filed with the Prothonotary. 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 falsifications to authorities. DATED: Amy R. Benhbn, Plaintif~/ AMY R. BENTON, Plaintiff GERALD J. BENTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 5474 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION T'O REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 OF THE DIVORCE CODF 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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 falsifications to authorities. Geral"~ J. Benton, Defendant DATED: MARITAL SE'I-rLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT (the "Agreement") is made as of the day of the~ day of December, 2002, by and between AMY R. BENTON, an adult individual residing at 308 Creek Road, Camp Hill, Cumberland County, Pennsylvania (the "Wife"), and GERALD J. BENTON, an adult individual currently residing at 2003 Market Street, Apt. K, Camp Hill, Cumberland County, Pennsylvania (the "Husband"). Recitals The background of this Agreement is as follows: R-I. The parties hereto, being Husband and Wife, were lawfully married on September 24, 1988, in Carlisle, Cumberland County', Pennsylvania. R-2. Differences have arisen between Husband and Wife and, as a result, they intend to live apart from each other as of November 15, 2002. R.3. There are no children of the marriage between Husband and Wife. R-4. Husband and Wife desire to settle and determine finally, and for all time, their mutual property right, support, and other matters related in any way to their marriage. R-5. On or about November 12, 2002, Wife filed a divorce complaint in Cumberland County, Pennsylvania, which action is docketed to No. 02 - 5474 (the "Divorce Action"). NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Pennsylvania Divorce Code, their marriage is irretrievably broken. Wife filed the Divorce Action on or about November 12, 2002, and the parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to Section 3301 (c) of the Pennsylvania Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference, but not merged into the Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or other interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission or~ the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. Marital Residence. The parties are the owners of certain real property located at 308 Creek Road, Camp Hill, Cumberland County, Pennsylvania (the "Real Property"), on which Real Property the parties had their marital residence and on which Wife shall continue to reside. Husband shall transfer to Wife all of his interest in and to the Real Property in exchange for which Wife shall be solely responsible for the mortgage obligation as well as for the payment of all current and future taxes, ins~urance and utility bills, upkeep and maintenance relative to the Real Property. Concurrently with the execution of this Agreement, Husband shall execute a Special Warranty Deed, in the form attached hereto as Exhibit A, transferring his interest in the Real Property to Wife. The deed shall be held in escrow by Wife's attorney and shall be released upon Wife's refinance of the mortgage on the Real Property. 4. Equitable Distribution of Personal Property. Husband and Wife agree to divide all personal property, including all household furniture and furnishings, to their mutual satisfaction. Upon agreement by the parties as to division of the personal property, and except to the extent specifically set forth herein, each party hereby specifically agrees and by this Agreement does hereby release all of his or her right, title, and interest to 'the personal property in the possession of the other, regardless of any titles thereto. 5. Automobiles. Husband shall retain ownership of the 1993 Toyota pick-up truck, or its replacement, and Wife hereby waives any right, title or interest that she may have in said automobile. Husband shall be responsible for all payments on loans secured by said automobile, repairs, insurance and all other costs incurred as a result of such ownership. Wife agrees to promptly execute any documents reasonably requested by Husband to transfer the title to said vehicle to the Husband. 6. Profit Sharinq, Retirement, and Securities. The parties hereby waive and relinquish any and all right or interest that he or she may have in and to the other's retirement, 401(k), profit sharing, pension plans, deferred compensation, and other similar employer-provided plans and incentives. 7. After-Acquired Property. Each party expressly waives and relinquishes any right or interest he or she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the date of separation as set forth above. 8. Current Debts. Wife will assume all debts as identified in a separate letter from Wife's attorney dated November 14, 2002, the contents of which are incorporated herein by reference. Wife agrees to pay off all such debts for which Husband is an obligor, as specifically identified in a separate letter from Husband's attorney dated December __, 2002, the contents of which are incorporated herein by reference. Each party hereby represents and warrants to the other that he or she has incurred no other debts or obligations for which the other is responsible, and each party hereby indemnifies and holds the other harmless from any and all debts, liabilities and obligations, including, without limitation, any attorneys fees incurred by the indemnified party, as a result of any other debts or obligations not otherwise disclosed hereunder. P. Future Debts. Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save harmless the other party from any and all claims or demands, including attorneys' fees and costs, made against him or her by reason of debts or obligations incurred by .such party. ]0. Indemnification. Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. ] ]. Other Writings. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement or any part thereof, without undue delay or objection. ]2. Counsel Fees. Each party agrees to pay his or her own attorney fees and other costs associated with the subject matter of this Agreement, including, without limitation, the Divorce Action. 13. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present, or future, specifically, without limitation, from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the marital residence; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; and any claim or right in 'the distributive share or intestate share of the other party's estate. 14. Entire A.qreement/Amendment. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by botch parties hereto. ]5. Nonwaiver of Performance. This Agreement shal~l remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. Invalidity. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in Ilaw or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation as if such provision had not been initially included. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. ]7. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his (~,r her rights under this Agreement. 18. Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding up°n and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 20. LEGAL EFFECT. THE PROVISIONS OF THIS AGREEMENT ARE INTENDED TO EFFECT A LEGALLY BINDING PROPERTY SE'I-rLEMENT BETWEEN THE PARTIES. WIFE HAS BEEN REPRESENTED BY WIX, WENGER & WEIDNER AND STEPHEN J. DZURANIN, ESQUIRE. HUSBAND HAS BEEN REPRESENTED BY O'BRIEN, BARIC AND SCHERER AND MICHAEL A. SCHERER, ESQUIRE. EACH PARTY ACKNOWLEDGES THAT SHE OR HE EACH HAS READ THIS AGREEMENT, HAS BEEN AFFORDED SUFFICIENT TIME TO SEEK COUNSEL AND TO DISCUSS 'THIS AGREEMENT AND ALL FINANCIAL INFORMATION RELATED TO THIS AGREEMENT WITH COUNSEL, ACKNOWLEDGES THAT HE'. OR SHE HAS HAD FULL AND FAIR DISCLOSURE OF ALL FACTS RELATIVE TO THE INSTANT AGREEMENT, FULLY UNDERSTANDS THE FACTS, HAS BEEN FULLY INFORMED AS TO HER OR HIS LEGAL RIGHTS AND OBLIGATIONS BY COUNSEL, OR HAS WAIVED THE RIGHT TO DO SO AND EACH PARTY ACKNOWLEDGES AND ACCEPTS THAT THIS AGREEMENT IS FAIR AND EQUITABLE, THAT IT IS BEING ENTERED INTO FREELY AND VOLUNTARILY AND THAT THIS AGREEMENT AND THE EXECUTION THEREOF IS NOT THE RESULT OF ANY DURESS, UNDUE INFLUENCE OR COLLUSION. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WIFE: Amy R,, I~enton WITNESS: HUSBAND: Gemini J. Ben~on - AMY R. BENTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. 02 - 5474 Civil Term · CIVIL ACTION - LAW · IN DIVORCE GERALD J. BENTON, Defendant 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: irretrievable breakdown under Section [3301(c) 330!(d)] of the Divorce Code. (Strike out inapplicable section). 2. Date of filing and manner of service of complaint: Complaint in Divorce filed November 12, 2002 was served by certified mail upon Defendant on November 18, 2002. Defendant's Acceptance of Service was filed on November 25, 2002· 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff dated February 28, 2003, filed March 5, 2003; by Defendant dated February 20, 2003, filed March 5, 2003. (b)(1) Date of execution of the affidavit required by §3301 (d) if the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: N/A 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: N/A. (b) (i) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: March 5, 2003. (ii) Date Defendant's Waiver of Notice Divorce was filed with the Prothonotary: March 5, 2003. Respectfully submitted, Date: March 5, 2003 WiX, WENGER & WEIDNER / St~l~i'en J.-D~ura~'(n, Esquire .~,~torney ID ~52653 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff, Amy R. Benton IN THE COURT OF COMMON PLEAS AMY R. BENTON~ Plaintiff VERSUS GERALD J. BENTON, Defendant OF CUMBERLAND COUNTY STATE Of ~~_ l~EN NA. NO. 02-5474 Civil Term Decree DIVORCE AND NOW,~ DECREED THAT AMY R. BENTON IN , PLAINTI fl, AND GERALD J. BENTON , 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; The Marital Settlement Agreement dated December 30, 200~, attached hereto is incorporated herein by reference but not merged into this Decree in Divorce. ROTHONOTARY