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Home My WebLink About01-043391N THE COURT OF COMMON PLEAS JAMES L. BENSON, Plaintiff N O. 2001-4339 VERSUS DEBORAH L. BENSON, Defendant DECREE IN DIVORCE dl. ?••° 3 A•~ ``~ AND NOW, ~J ~~, IT IS ORDERED AND pECREED THAT James L. Benson ,PLAINTIFF, AND Deborah L. Benson DEFENDANT, ARE DIVORCEp 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 Marriage Settlement Aereement dated July 8 2002 and signed b the ATTEST: ~, G PROTHONOTARY ~o ~~ ~~~ ° U . -" "~~ -~~ a,,. Z°P• "Il '_~ _ .. .. __ -, iYYS'Y8 $YF5'.fini¢IxZv'::# Inn h.£4F . ~ R. _ < JAMES L. BENSON, Plaintiff v. DEBORAH L. BENSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4339 CIVIL TERM 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 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Deborah L. Benson on August 14, 2001, by overnight mail, addressed to her at Branchwood Apartments, 7725 South Branchwood Lane, Winter Park, Florida 32792. An Affidavit of Service was signed by Defendant on August 15, 2001 and filed with the Prothonotary's Office on August 20, 2001. 3. Complete either pazagraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: August 3, 2002; by defendant: August 3, 2002. Divorce Code: (b)(1) Date of execution of the affidavit required by Section 3301(d) of the (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 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: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 8, 2002. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 8, 2002. Date: August 8, 2002 Dou as 'Miller, Esquire Attor ey r Plaintiff (7 ~ t'J ® C e3 - ~ e i- -. , z -s; -r, CCU ~~s t,. _..,, ;'7 `~°i S' ' ~ W C :. ~.y ._ - (N ~ tV ti N ~ y '~~ JAMES L. BENSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW . 2001-~~~ CIVIL TERM DEBORAH L. BENSON, Defendant IN DIVORCE NOTICE 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 in 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 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 717-249-3166 1-800-990-9108 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 informafion 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. JAMES L. BENSON, Plaintiff v. DEBORAH L. BENSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001 - CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c1 OF THE DIVORCE CODE AND NOW comes the Plaintiff, JAMES L. BENSON, by and through his legal counsel, Irwin, McKnight & Hughes, and files this complaint in divorce against the Defendant, DEBORAH L. BENSON, representing as follows: 1. The Plaintiff is James L. Benson, an adult individual residing at 604 North Baltimore Avenue, Apartment D, Mt. Holly Springs, Pennsylvania 17065. 2. The Defendant is Deborah L. Benson, an adult individual who was residing at 604 North Baltimore Avenue, Apartment D, Mt. Holly Springs, Pennsylvania, and whose present whereabouts are currently unlrnown. 3. The Defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on Mazch 26, 2000 in Las Vegas, Nevada, and separated on July 8, 2001. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were no children born to this marriage. 7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: Dougla~ G. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pemsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff, Date: July 16, 2001 James L. Benson VERIFICATION The foregoing Complaint is based upon infornation which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of ] 8 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. J ES L. BENSON Date: ~- /~ , 2001 c: .~ i ~~_ ~ ., ~S ~a JAMES L. BENSON, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001- 4339 CIVIL TERM DEBORAH L. BENSON, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Deborah L. Benson, the Defendant in the above-captioned divorce action, hereby verify that I accepted service of the Complaint in Divorce filed under Section 3301 (c) of the Divorce Code on August 14, 2001. DEBORAH L. BENSON Date: (j y ~ ~ , 2001 ~ ~~ 1. ~~ iii s 71 ~.- .~~ Vl ^ ~ ~1' V' ~; ' = • Z \..' 1.. t.~ ~ L) J~ f~ d7 ~ ~~ M rr+ J` d JAMES L. BENSON, Plaintiff v. DEBORAH L. BENSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4339 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 17, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ~~ -Q'Z , 2002 , ES L. BENSON c-~ <~ O ~ €v -~ N S A 'V Lc ~-'- -,= ~ rn-~'' - ~ '7= . c ~ -' ~ ~ G'~_ ._17'z' -5"= <r ~ - .>~,. :_t. ~ i ~ q `i T .. rnS !' " +~ _ f ~ . 3 ~~ ~~ JAMES L. BENSON, Plaintiff v. DEBORAH L. BENSON, Defendant IN'I'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001 -4339 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl 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, 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~i'i ^ 3'D~ , 2002 ~- ~~y,~+~r~m ES L. BENSON aintiff ~;; c ~,~ ~, rn, ~ : :~ _- - ~_=' `'r pc rr-_ -;±~~ C. '~fJ ~ ' W X'"C= :J ~ ~ ~e~ -=~' .._. ~ '~ 3 ~~ JAMES L. BENSON, Plaintiff v. DEBORAH L. BENSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4339 IN DIVORCE CIVIL TERM DEFENDANT'S AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 17, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ~ c~ , 2002 }J1~. ~%('~'j,~~, (~- DEBORAH L. BENSON C !f`+J zi ~! J ~Li-i ...e_ _l _r~ lA~ _ ~ -. 7'(" ' ~ - .1 ~...-~ , '_.-, Gam: ~ (~7 =' ~- I ~ 1 _) - -n CJ -:'n i_ .. -,~ i" c~~ JAMES L. BENSON, Plaintiff v. DEBORAH L. BENSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001 -4339 IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301tc1 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, 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / ~ , 2002 ly/J~/~~(I~ , ~ ~JI-~ DEBORAH L. BENSON Defendant a ~ f~ n ~~ ~ , T, :~j _,' i ~ ~' G~1~. ! ni7-f ,~ ,r -_ W :;~ ,fl i vv j :.} i ~ f 1 -C JC S^ (~ j gan~x~M~~Rt~FKY 56, ...-., .: -,.... ~ _ ~