Loading...
HomeMy WebLinkAbout03-1818F:kFiLES\DATAFILE\GeneralkDocuments\ 10723-3.complainfft de Created: 08/12/02 10:19:08 AM Revised: 04/21/03 01:20:27 PM 10702~ 1 DARREN J. BENNETT, Plaintiff v. · NO. O3- /g?g' : : · IN DIVORCE HEATHER W. BENNETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DARREN J. BENNETT, Plaintiff v. · NO. 03- · IN D1VORCE HEATHER W. BENNETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW COMPLAINT 1. Plaintiff is Darren J. Bennett, who currently resides at 165 Creek Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Heather W. Bennett who currently resides at 165 Creek Road, Newville, Cumberland County, Pennsylvania. 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 or about January 2, 1999, in Lansdale, Pennsylvania. 5. 6. 7. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. 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. 8. Plaintiff requests the Court to enter a decree of divorce. Date: April 21, 2003 MARTSON DEARDORFF WILLIAMS & OTTO By (~" ~~ Carl C.'7-]~sch, EsWCtulre Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Darren J. Bennett Dated: q J io [ O~ F:\FILE SkDATAFILE\GcneralkDocumcnt Pachive\GENDOC02\10702-com I F:\FiLESXDATAFILE\GeneralXDocuments\10723-3 .aos/tde Created: 08/12/02 10:19:08 AM Revised: 04/21/03 04:46:23 PM 10702.1 DARREN J. BENNETT, Plaintiff HEATHER W. BENNETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1818 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Heather W. Bennett, the named Defendant in a Divorce Complaint filed in the Cumberland County Court of Common Pleas, and that as such, I have authority to accept service of said Complaint and state that I accepted service of said Complaint on April 0~,3 , 2003. Heather W. Bennett DARREN J. BENNETT, Plaintiff HEATHER W. BENNETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1818 CIVIL ACTION - LAW iN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on April 2 l, 2003. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy being served upon me by first class mail on April 23, 2003, Acceptance of Service filed. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c} AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyers fees or expenses ifI do not claim them before a divorce is ~anted. 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 and waiver are true 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. Heather W. Bennett, Defendant DARKEN J. BENNETT, Plaintiff HEATHER W. BENNETT, Defendant 2003. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-1818 CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 21, The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 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, lawyers fees or expenses ifI 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 and waiver 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: ~]]'~/ZO0~ [~co~...~ ~//tt~.t~ Darren J. Bennett, Plaintiff DARREN J. BENNETT, Plaintiff HEATHER W. BENNETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1818 CIVIL ACTION - LAW 1N 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: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Service. 3. Date and manner of service of the complaint: See Praecipe filing the Acceptance of Date: September 19, 2003 Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; September 18, 2003; by the Defendant; September 13, 2003. 4. Related claims pending: None. 5. Date' Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 19, 2003. Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 19, 2003. MART_SON~DEARDO~FF WILLIAMS & OTTO Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff iN THE COURT OF COMMON PLEAS STATE OF OFCUMBERLANDCOUN~ ~.~~, ~ PENNA. DARREN J. BENNETT Plaintiff VERSUS HEATHER W. BENNETT Defendant NO. 03-1818 DECREE IN DIVORCE AND NOW, DECREED THAT AND DARREN J. BENNETT HEATHER W. BENNETT ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ,.2o0~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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 as of September 18, 2003, is incorporated herein by reference but is not merged into this Decree bY THE C/OURT: / i~ PROTHONOTARY