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HomeMy WebLinkAbout02-0418LIBBY J. BENDER, Plaintiff vs STEPHEN L. BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ; CML ACTION - LAW : NO. 2002: /-//~/ CIVIL TERM .. : IN DIVORCE _. NOTICE TO DEFEND AND CLAIM RIGHTS You have bccn sued in court. If you wish to defend a~ain.~ 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 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 in the Office of the Prothonotary at the Cumberland County Courthouse, One South Hanover Street, 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 PA 17013 (717) 249 - 3166 Sally J. Winder, Esquire Attorney for Plaintiff, LIBBY J. BENDER 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 LIBBY J. BENDER, Plaintiff VS STEPHEN L. BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2002: L] } ~' CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE COMES NOW. the Plaintiff. STEPHEN L. BENDER. by and through his/her counsel. Sally J. Winder, Esquire, and represents as follows: 1. Plaintiff is LIBBY J. BENDER. who currently resides at, and whose mailing address is. 311 North Morris Street. Shippensburg. Cumberland County., Pennsylvania. since January 15. 2001. 2. Defendant is STEPHEN L. BENDER. who currently resides at. and whose mailing address is, 243 West King Street. Shippensburg. Cumberland County, Pennsylvania. since 1993. 3. Both Plaintiffand Defendant have been bona fide residents of 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 August 17. 1996 at Shippensburg. Cumberland County. Pennsylvania. 5. There have bccn no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff avers that he/she has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who pro~4de such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by his/her attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaintiff further avers that he/she has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that a~smagements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. Date: Attorney for Plaintiff, LIBBY J. BENDER 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904. relating to unswom falsification to authorities. Date: //~ $//~d~x dcs~//~ ~~ / '/ LIBBY J.(I~TENCl)ER ' - LIBBY J. BENDER, Plaintiff VS STEPHEN L. BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW _. : No. :0o:: -. : IN DIVORCE : AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 25, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Date: LIBBY-J(~N~ER LIBBY J. BENDER, Plaintiff VS STEPHEN L. BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; :CIVIL ACTION - LAW .. NO. :oo2: /-91 cr, : :IN DIVORCE : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) 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 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 are tree and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Date: LIBBY J~i~NI~R LIBBY J. BENDER, Plaintiff VS STEPHEN L. BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 25, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. section 4904 relating to unsworn falsification to authorities. Date: STEPHEN J. BENDER LIBBY J. BENDER, Plaintiff VS STEPHE~N L. BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ClV TEm IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) 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 tree and correct. I understand that false statements herein are made subject to' the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Date: STEI~HEN L. BENDER LIBBY J. BENDER, Plaintiff VS STEPHEN L. BENDER, Defendant PRAECIPE TO TO THE PROTHONOTARY: : No. 2002: q t _. 1N DIVORCE : TRANSMIT RECORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CML TERM Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint and Notice to Defend and Claim Rights: by regular mail mailed to Defendant's address on Jnauary 30, 2002, and received by him as shown on the affidavit of acceptance of service filed in this matter. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by Plaintiff May21, 2002; by Defendant May 21, 2002. 4. Related claims pending: 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 S3301(c) Divorce was filed with the Prothonotary: (~/(a/0 .'~ , Prothonotary: ~e Defendant s Waiver of Notice in S3301 (c) Divorce was filed with the Sally J. ~in'~d'er, Esquire 701 East King Street, Shippensburg PA 17257 (717) 532 - 9476 Attorney for Plaintiff, Libby J. Bender LIBBY J. BENDER Plaintiff VERSUS STEPHEN L. BENDER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. NO. 2002-418 Civil Term DECREE IN DIVORCE AND NOW, 2002 it is OrDErED and DECREED THAT LIBBY J. BENDER , PLAINTIFF, aND STEPHEN L. BENDER ,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; NONE PROTHONOTARY