HomeMy WebLinkAbout01-4339
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
JAMES L. BENSON,
No.
2001-4339
Plaintiff
VERSUS
DEBORAH L. BENSON,
Defendant
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT James L. Benson
, PLAINTIFF,
AND
Deborah L. Benson
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement dated July 8, 2002 and signed by the
arties is hereb
merged.
By TH
ATTEST:
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( PROTHONOTARY
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JAMES L. BENSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION -LAW
: 2001 -4339
CIVIL TERM
DEBORAH L. BENSON,
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 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 paragraph (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.
(b)( 1) Date of execution of the affidavit required by Section 330 1 (d) of the
Divorce Code:
(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
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JAMES L. BENSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
2001 - '-/331' 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 information 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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LA W
2001 - CIVIL TERM
DEBORAH L. BENSON,
Defendant IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
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 unknown.
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 March 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
Date: July 16, 2001
By: ~*~s(.!{!!lk,
Supreme Court I.D. No, 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff,
James L, Benson
VERI FICA TION
The foregoing Complaint is based upon information 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, infonnation and belief. I
undt:rstand that hllst: statt:ments herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
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J ESL.BENSON -
Date:
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,2001
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JAMES L. BENSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
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.
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DEBORAH L. BENSON
Date:
?i-15
,2001
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JAMES L. BENSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: 2001 -4339
CIVIL TERM
DEBORAH L. BENSON,
Defendant
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. 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: <g- '3 -OL
, 2002
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JAMES L. BENSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: 2001 -4339
CIVIL TERM
DEBORAH L. BENSON,
Defendant
: 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 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: <? ^ 3 -0,)
, 2002
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JA ES L. BENSON
aintiff
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JAMES L, BENSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LA W
: 2001 -4339
CIVIL TERM
DEBORAH L, BENSON,
Defendant
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. 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:
( -'3--- () ~ , 2002
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DEBORAH L. BENSON
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JAMES L. BENSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: 2001 -4339
CIVIL TERM
DEBORAH L. BENSON,
Defendant
: 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 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: r - 3~O~
, 2002
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DEBORAH L, BENSON
Defendant
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