HomeMy WebLinkAbout01-109 FX
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IN THE COURT OF COMMON PL~~S
OF CUMBERLAND COUNTY
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STATE OF
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.lANE T..
BENFF.R
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VERSUS
. RICHARD J. BENFER
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No.
2001
109
CIVIL
DECREE IN
DIVORCE
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IT IS ORDERED AND
DECREED THAT
JANE L. BENFER
, PLAINTIFF,
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AND
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, 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;
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None.
The parties hereby incorporate the attached
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Settlement Agreement, resolving all issues.
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KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
JANE L. BENFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 109
CIVIL
RICHARD J. BENFER,
Defendant
IN DIVORCE
SETTLEMENT AGREEMENT
THIS AGREEMENT, is made this 20th day of IY/(ifJ
by and between JANE L. BENFER ("Wife") and RICHARD J.
("Husband") .
, 2001,
BENFER
WIT N E SSE T H:
WHEREAS, the parties, currently Husband and Wife, will be
obtaining a decree in divorce; and
WHEREAS, by this Agreement, the parties have intended to
effectuate and equitably divide their marital property and marital
debts; and
WHEREAS, diverse unhappy difIerences, disputes and
difficulties have arisen between the parties and it is their
intention to live separate and apart for the rest of their lives
and to settle any and all claims by one against the other or
against their respective estates.
NOW THEREFORE, with the foregoing recitals being hereinafter
incorporated by reference and deemed as an essential part hereof
and in consideration of the premises and of the mutual promises set
forth herein and for other good and valuable consideration, receipt
of which is hereby acknowledged, the parties, each intending to be
legally bound hereby, covenant and agree as follows:
1. EFFECT OF DIVORCE DECREE.
The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and
effect after such time as a Final Decree in Divorce may be entered
with respect-to the parties. This Agreement shall be incorporated,
but not merged into the final decree in divorce.
2. FINANCIAL DISCLOSURE.
The parties confirm that each has relied on the
substantial accuracy of the financial disclosure of the other as an
inducement to the execution of this Agreement. No representations
have been made by either party to the other, or by anyone else, as
to the financial status of the other except as expressly set forth
in this Agreement.
3 . ADVICE OF COUNSEL.
wife has retained Kenneth F. Lewis, Esquire. Husband has
been advised that it is in his interest to retain counsel. The
parties have been advised regarding this agreement by counselor
have chosen not to seek such advise. Both parties acknowledge this
Agreement is, under the circumstances, fair and equitable and that
it is being entered into freely and voluntarily, after having
received independent legal advice, or foregone the opportunity to
do so. The parties acknowledge this Agreement is not the result of
any duress or undue influence and is not the result of any
collusion or improper or illegal agreement or agreements.
4. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS.
The parties understand that each has the right to obtain
from the other party a complete inventory or list of all of the
property that either or both parties own at this time or owned as
of the date of separation, and that each party has the right to
have all such property valued by means of appraisals or otherwise.
Both parties understand they have the right to have a Court hold
hearings and make decisions on the matters covered by this
Agreement. Both parties understand that a Court decision
concerning the parties' respective rights and obligations might be
different from the provisions of this Agreement.
Both parties waive the following procedural rights:
2
a. The
Appraisement-of all marital
Pennsylvania Divorce Code.
right to obtain an Inventory and
and separate property as defined by the
b. The right to obtain an Income' and Expense
statement of the other party as provided by the Pennsylvania
Divorce Code.
c. The right to have the Court determine which
property is marital and which is non-marital and equitably
distribute between the parties that property which the Court
determines to be marital.
d. The right to have the Court decide any other
rights, remedies, privileges, or obligations covered by this
Agreement, including but not limited to possible claims for
divorce, spousal support, alimony, alimony pendente lite, counsel
fees, costs and expenses.
5. PERSONAL RIGHTS.
Husband and Wife, may and shall, at all times hereafter,
live separate and apart. They shall be free from any interference,
direct or indirect, by the other in all respects as fully as if
they were unmarried. They may reside at such place or places as
they may select. Each may, for his or her separate use or benefit,
conduct, carryon and engage in any business, profession or
employment which to him or her may seem advisable. Husband and
Wife shall not molest, harass, disturb or malign each other or the
respective families of each other nor compel or attempt to compel
the other to cohabit or dwell by any means or in any manner
whatsoever with him or her.
6. MUTUAL RELEASES.
Husband and Wife each do hereby mutually release and
forever discharge the other and the estate of the other of and from
any and all rights or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate of the other, which he or she now has or at any
time hereafter may have against such other, the estate of such
other or any party thereof, whether arising out of any former acts,
or liabilities of such other or by way of dower or curtesy, or
claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption or similar allowance, or under the
intestate laws, or the right to take against the spouse's will; or
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the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) pennsylvania, (b) any state, Commonwealth or
Territory of-the united states, or (c) any other country, or any
rights which either party may have or at any time hereafter have
for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, equitable distribution, costs
or expenses, whether arising as a result of the marital relation or
otherwise, except, and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is
the intention of Husband and Wife to give to each other by the
execution of this Agreement a full, complete and general release
with respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provisiohthereof.
7. PERSONAL PROPERTY.
The parties make the following disposition and
settlement with respect to their personal property.
a) Husband and Wife agree they have equitably
divided all their personal property to each party's satisfaction.
b) Vehicles. Wife shall become sole owner of the
1998 Mazda currently titled in both names. Husband shall sign the
title and any other documents necessary to effect this transfer.
Wife shall indemnify and hold Husband harmless from any debt
arising from the ownership and/or use of these vehicles.
c) Retirement Accounts. Husband and Wife shall
each maintain and be the sole owner of his/her retirement accounts
(Wife's with an approximate value of $11,830.71 and Husband's with
an approximate value of $628.62. Each party waives any and all
interests he/she may have in the other party's retirement accounts
as listed above.
d) Wife shall maintain and be the sole owner of her
bank accounts at Pa. state Employees Credit union (minimal value)
and the account with her daughter at Waypoint Bank (minimal value) .
Husband shall maintain and be the sole owner of his bank account at
Pa. state Employees Credit union (appx. marital value $1,000-
$2,000).
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e) The marital portion of any other financial
instruments and/or financial accounts shall be divided equally
between the parties.
f) Husband shall pay to Wife the sum of $500.00 per
month in lieu of child support. The parties acknowledge that this
provision does not prevent Wife from filing for such support, but
that if she does so, Husband is no longer liable to continue making
the $500.00 monthly payments.
8. AFTER-ACOUIRED PERSONAL PROPERTY.
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as
though he or she were not married.
9. REAL ESTATE.
a) Wife shall retain and be the sole owner of the
marital home located at 37 Scarsdale Drive, Camp Hill,cumberland
County, PA 17011. Upon presentation, Husband shall execute any and
all documents needed to effect the transfer of the home to Wife's
sole ownership.
b) Wife shall take all reasonable and necessary
steps to promptly refinance the property.
c) Wife shall be responsible for all costs
associated with the marital home, including the mortgage and PNC
home equity loan, and shall indemnify and defend Husband against
all debts and/or monetary obligations of whatever kind regarding
the property.
10.
ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT.
and/or claims
pendente lite
The parties hereby waive and surrender any rights
they may have to interim or final alimony, alimony
and spousal support.
11.
ATTORNEY'S FEES AND COSTS.
The parties waive and surrender any rights and/or
claims they may have to interim or final counsel fees and/or costs.
5
12. DEBTS.
a) Husband shall be solely responsible for the VISA
currently in wife's name at PSECU (account #195-56-1657), with an
approximate debt due of $8,800.00.
b) Wife shall be solely responsible for the Kohl's
charge in the approximate amount of $1,150.00.
c) Each party shall indemnify and hold the other
harmless against all actions or collections of whatever kind
arising out of the above debts.
13. WARRANTIES TO EXISTING OBLIGATIONS.
Each party represents that he/she has not heretofore
incurred or contracted for any debt or liability or obligation for
which the estate of the other party may be responsible or liable
except as may be provided for in this Agreement. Each party agrees
to indemnify or hold the other party harmless from and against any
and all such debts, liabilities or obligations of every kind which
may have heretofore been incurred, including those for necessities,
except for the obligations arising out of this Agreement.
14. WARRANTIES TO FUTURE OBLIGATIONS.
Husband and Wife each covenant, warrant, represent
and agree that each will now and at all times hereafter save
harmless and keep the other indemnified from all debts, charges and
liabilities incurred by the other after the execution date of this
Agreement, except as may be otherwise specifically provided for by
the terms of this Agreement and that neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable.
15. WAIVER OR MODIFICATION TO BE IN WRITING.
No modification or waiver of any of the terms hereof
shall be valid unless in writing and signed by both parties and no
waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
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16. BREACH.
It is expressly stipulated that if either party
fails in the due performance of any of his or her obligations under
this Agreement, the other party shall have the right at his or her
election to sue for damages for breach thereof, to sue for specific
performance, or to seek any other legal remedies as may be
available and said other party shall have the right to recover his
or her reasonable legal fees and costs for any services rendered by
his or her attorney.
17 . MUTUAL COOPERATION.
Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge and
deliver to the other party any and all further instruments and/or
documents that the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this
Agreement.
18. LAW OF PENNSYLVANIA APPLICABLE.
This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
19. AGREEMENT BINDING ON HEIRS.
This Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
20. INTEGRATION.
This Agreement constitutes the entire understanding
of the parties and supersedes any and all prior Agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
21. NO WAIVER OF DEFAULT.
This Agreement shall 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 in no
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way affect the right of such party hereafter to enforce the same,
nor shall the waiver of any breach of any provision hereof be
construed as a waiver of any subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict
performance or any other obligations herein.
22. SEVERABILITY.
If any term or provision of this Agreement shall be
determined to be invalid, then only that term or provision shall be
stricken and in all other respects this Agreement shall be valid
and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligations under anyone
or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way void or
alter the remaining ob~igations of the parties.
23. HEADINGS NOT PART OF AGREEMENT.
Any headings preceding the text of the paragraphs
and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
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KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
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JANE L. BENFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 109 CIVIL
RICHARD J. BENFER,
Defendant
: 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: irretrievable breakdown under section
(X) 3301 (c)
() 3301(d) of the Divorce Code.
2. Date and manner of service of" the Complaint: Acceptance of
Service dated 1/11/01 and filed 1/23/01.
3. (Complete either paragraph (a) or (b)).
(a) Date of execution of the Affidavit of Consent required by
Section 3301 (c) of the Divorce Code and Waiver of Notice of
Intention to Request Entry of a Divorce Decree: by the Plaintiff on
May 1, 2001; by the Defendant on May 1, 2001.
4.
Related claims pending:
NONE. Propertv Settlement
Aqreement incorporated into decree resolvinq all issues.
DATED: 5/2/01
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KEN~ET? F. LEWIS, ESQ.
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KENNETHF. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
JANE L. BENFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
: NO. 2001 - ioq
CIVIL
:
RICHARD J. BENFER,
Defendant
:
: IN DIVORCE
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 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, Hanover and High
streets, carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF-PROPERTY,
LAWYER r 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.
CUM~E~~D COUNTY aAR AsSOCIATION
, " 2 LIBERTY AVEJ:f!JE '
C~ISLE, PA 17013
(717)' 249-3166
1-800-990-9108
KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - /09 CIVIL
JANE L. BENFER,
Plaintiff
:
RICHARD J. BENFER,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I
Request for a No-fault Divorce Under &3301(c)
of the Domestic Relations Code
1. Plaintiff is Jane L. Benfer, who currently resides at
37 Scarsdale Drive, Camp Hill, Cumberland county, PA 17011.
2. Defendant is Richard J. Benfer, currently residing at
239 Main st., Apt. A, Shiremanstown, Cumberland County, PA 17011.
3. 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 August
12, 1982 in Dauphin County, Pennsylvania.
5. There have been no prior actions for divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
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 counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree
of Divorce pursuant to 9 3301(C) of the Domestic Relations Code.
COUNT II
Request for Equitable Distribution of Marital Property
Under &3502 of the Domestic Relations Code
8. Plaintiff hereby incorporates Paragraphs 1 through
7 of her Complaint as if fully set forth herein.
9. The parties are owners of marital property subject
to equitable distribution.
10. Plaintiff believes she and defendant will be able to
reach an agreement as to their property. If so ,Plaintiff requests
the Court to make their agreement part of the decree in divorce.
11. Absent an agreement between the parties, Plaintiff
requests the Court to equitably divide, distribute or assign the
marital property between the parties and the marital debts of the
parties without regard to marital misconduct in such proportions as
the Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests this Court to
enter an Order of Equitable Distribution of marital property and
marital debts pursuant to 93502 of the Domestic Relations Code.
DATE: 1/8/2001
4gj
KElf~ET F. LEWIS, ESQUIRE
Attorney for Plaintiff
VERIFICATION
I hereby verify that the statements made in the foregoing
document are true and correct. I understand that false statements
herein are made subj ect to the penal ties of 18 Pa. C. S. section
4904, relating to unsworn falsification to authorities.
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Dated: 1/'3/01
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JANE BENFER
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KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
JANE L. BENFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAi.D COm,TY, PENNSYLVANIA
v.
NO. 2001 - 109
CIVIL
RICHARD J. BENFER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce was filed under section 3301
(c) of the Divorce Code on January 8, 2001.
2. The marriage of plaintiff' and'. Defendaht- is
irretrievably broken and ninety (90) days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce
after service of notice to intention to request entry of the
decree.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. section 4904, relating to
unsworn falsification to authorities.
Dated: 5 );!zoo/
Gt~ ;(
JANE L.IBENFER
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KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
JANE L. BENFER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 109 CIVIL
RICHARD J. BENFER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce was filed under section 3301
(c) of the Divorce Code on January 8, 2001.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of the filing and service of the complaint.
3. I consent to the entry of a Final Decree in Divorce
after service of notice to intention to request entry of the
decree.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. section 4904, relating to
unsworn falsification to authorities.
Dated: 5!1/2cOI
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RICHARD J. NFER
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KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
JANE L. BENFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 109
CIVIL
RICHARD J. BENFER,
Defendant
IN DIVORCE
WAiVER OF NOTiCE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301 (e) OF THE DIVORCE CODE
1. I consent to 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
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.
4. I verify that the statements made in the foregoing
document are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Dated:SjJ /ZflO}
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JANEIL. BENFER
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KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
JANE L. BENFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 109
CIVIL
:
RICHARD J. BENFER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301 (0) OF THE DIVORCE CODE
1. I consent to 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
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.
4. I verify that the statements made in the foregoing
document are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Dated: 5 If j2M I
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KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front stroset
. "
Harrisburg, PA 171p2
(717) 234-3136
Attorney for Plaintiff
JANE L. BENFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - If)' CIVIL
RICHARD J. BENFER,
Defendant
:
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint.
DATE:
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RICHARD J. BENFER-