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HomeMy WebLinkAbout05-5964 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW Plaintiff : : No. 0-:; - 59fDi v. \\\i(.i'-'. N-,~\~\?,C; Civil Term : IN DIVORCE Defendant H-R~ lv ~ ~\k."Z- NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VE 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OF ANNLLMENT 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, P A 17013 (717) 249-3166 .. Plaintiff A\\l.\a \..\ ~\-\:~ v. IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE Defendant t;.,H'.." to (:\. \l:.w~'1.- NOTICE OF AVAILABILITY OF COUNSELING No. You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you ,md 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. ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. No. 05 -S"lI.~CIVIL TERM Defendant IN DIVORCE COMPLAINT UNDER ~3301(c) or Cd) OF THE DIVORCE CODE j. 1. Plaintiff is t \I Ie \? ~[->I\lt(>7 . who currently resides at l\S tv\{2 ('~f\ l 0~rO()X (~'I.; " "Q" ,', ( uXliloe r\rwkl. P C\ nOlO Cumberland County, Pennsylvania. 2. Defendant is EJr"r..\ ~f\\W 'C. , who currently resides at ;-)\ l:) ~nJ~f S\ ~ ;) \. \Q, ~ 'I Gkmlnf\h~ p(\ \i()l () 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on ('f\o,\ \~ ';)000 at b"Y C\9mey\4,. "')eI.')('I\('{\~l'orJ'?\\ 5. The marriage is irretrievably broken, and the parties separated on A1ol/ ... [( ooa 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his /her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. , \ ... 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. \-,<> u \ l, at') 0 5 Date C1~'\\C'I~\ ~orv:\:b~ Plaintiff, Pro Se I, (\\l,\C'I.(', bD~~g\: , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. c.s. 94904. )./O({ Il, doo.t; Date: [\\\\,>(:\(1 i\o;~t, . Plaintiff, Pro Se \) Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC (717) 243-9400 H ~ ~ ~------------------- (") f-' >;;-:.:> c_.;:;} cf"l C) ,on .-l ',1:-'f". ct.,p ',=} - _I "" ::-": ,,;:J c::'\ "" -~---------'"._-'----- . Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA A\\C-\d- ~ ~\\......c- v. : NO. 05 - 5~1,'tCIVIL TERM : DIVORCE Defendant tr R.E Iv I\, \Se..<\ \ ~ PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow,C\ \)->)/':)"'-, iY11)o~' I t--1 - paupens. \ , Plaintiff, to proceed in forma I, Valerie J. Faden, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Valerie . aden Attorney for Plaintiff 2807 Market Street Camp Hill, PA 17011 (717) 920-9461 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 0')- ,9~'I No. &t= C1VtL TERM V. \4..\Ic. i a l'V\ ~e...n \.\. Q.:z.. IN DIVORCE Defendant E~\Zt.N \\.~eJI~kc ACCEPTANCE OF SERVICE I, DEFENDANT, accepted service ofa true and correct copy of the Complaint in Divorce under section 3301 (c) of the Divorce Code on the date written below. I understand that false statements herein are made subject to the penalties of IS Pa. c.s. 94904, relating to unsworn falsification to authorities. /1 III 105 Date ~ z;{1//ltLC/J , Defendant ;"1 ~ Cl --e ~._'....) Cl ~\c...\ <j. bE' (\\~€'L- PENNSYLVANIA PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. OS -~(1L"Y . vs. 'i ~Yf to \2.,,, (\ \ '-\;'<...'L DEFENDANT IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 330l(d) OF THE DIVORCE CODE 1. The parties to this action separated on ~).f'j) \ t ;).{) ()). and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may loose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true aad correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. DATE: _flt" t' ~I d,Utf' oJH if, 1~DM I ~~ PLAINTIFF '~:-:.. ',; o ~~:- 1"-.,) c-J -rl ::-J h1 c;:, 5'~ S.' l'J ("") N N ...'- N ALICIA M. BENITEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5964 vs. CIVIL ACTION - LAW EFREN A. BENITEZ, DEFENDANT AFFIDA VIT OF SERVICE AND NOW comes Efren A. Benitez, who being duly sworn according to law, deposes and says that he is the Defendant in the above-captioned matter and has accepted service of a true and correct copy of the Plaintiffs Affidavit Under Section 3301(d) and Counter-affidavit Under Section J301(d) ofthe Divorce Code and that this Affidavit Of Service may be used for filing with the Court of Common Pleas ofCumberJand County, Pennsylvania, verifying that service was made on the date below. I, Efren A. Benitez, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. 9 4904, relating to unsworn falsification to authorities. Date: I/O r /0 If .. tll~t9 [lit/ (,,;,.11/1 EFREN A. BENITEZ ~: '. -'""l :~ rl1 .(..) C) f'<.) C, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICIA M. BENITEZ, NO: 05-5964 vs. CIVIL ACTION - LAW EFREN A. BENITEZ, DEFENDANT IN DIVORCE AMENDED PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: I. Grounds for divorce: the marriage is irretrievably broken and the parties have lived separate and apart since November 1, 2002. 2. Date and manner of service of Complaint and Affidavit: An Acceptance of Service for the Complaint was executed by Defendant on November 17, 2005 and an Affidavit of service for the Plaintiffs Affidavit was executed by the Defendant on January 9, 2006. 3. Date of Service of the Notice of Intention to Request Entry of Section 330l(d) Divorce Decree and Counter Affidavit: Affidavit of Service executed by Defendant on February 10, 2006. 4. Related claims pending: There are no claims pending. DATE: 3- e -00 ~ Valerie J. Fade I.D. # 87442 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 Attorney for Plaintiff " PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICIA M. BENITEZ, NO: 05-5964 vs. CIVIL ACTION - LAW EFREN A. BENITEZ, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOT AR Y: I. Grounds for divorce: the marriage is irretrievably broken and the parties have lived separate and apart since August 15, 1999. 2. Date and manner of service of Complaint and Affidavit: An Acceptance of Service for the Complaint was executed by Defendant on November 17,2005 and an Affidavit of service for the Plaintiff's Affidavit was executed by the Defendant on January 9, 2006. 3. Date of Service of the Notice ofIntention to Request Entry of Section 3301(d) Divorce Decree and Counter Affidavit: Affidavit of Service executed by Defendant on February 10, 2006. 4. Related claims pending: There are no claims pending. DATE: 3 -7 - or;. Valerie J. Faden, I.D. # 87442 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 Attorney for Plaintiff - --- PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALICIA M. BENITEZ, NO: 05-5964 VS. CIVIL ACTION - LAW EFREN A. BENITEZ, DEFENDANT AFFIDAVIT OF SERVICE AND NOW comes Efren A. Benitez, who being duly sworn according to law, deposes and says that he is the Defendant in the above-captioned matter and has accepted service of a true and correct copy of the Notice of Intention to Request Entry of Section 3301 (d) Divorce Decree and Counter-affidavit Under Section 3301(d) of the Divorce Code and that this Affidavit Of Service may be used for filing with the Court of Common Pleas of Cumberland County, Pennsylvania, verifying that service was made on the date below. I, Efren A. Benitez, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: /-//~/06 [~l(L~f~ EFREN A. BENITEZ l ~------ - ALICIA M. BENITEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5964 VS. CIVIL ACTION - LAW EFREN A. BENITEZ DEFENDANT IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE TO: EFREN A. BENITEZ, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Plaintiffs atlidavit to the 3301 (d) affidavit. Therefore, on or after March 3, 2006, the Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you wi lllose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 Lawyer Referral Service 32 South Bedford Street Carlisle, P A 170 13 (717) 249-3166 1-800-990-9108 --~.-------- .--1 ~ ALICIA M. BENITEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5964 vs. CIVIL ACTION - LAW EFREN A. BENITEZ, DEFENDANT COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. Check either (0) or (b): o (a) 1 do not oppose the entry of a divorce decree. o (b) I oppose the entry ofa divorce decree because (Check (i), (ii) or both): o (i) The parties to this action have not lived separate and apart for a period of at least two years. o (ii) The marriage is not irretrievably broken. 2. Check either (0) or (b): o (a) I do not wish to make any claims for economic relief. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or eXpt~nses if! do not claim them before a divorce is granted. o (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If! fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree. the divorce decree may be entered without further delay. ~ I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATE: DEFENDANT NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. .'f. +.:+ +. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+:++.:+:++. +.++.:++.:++.+++++.++++.:++.:++.:++.+++.:++++++:+++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+:+:+ :+:+ :+:++.++:++:++:++. :+:+ IN THE COURT OF COMMON AL;c..iA PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. M. OL.NI--: Ez.., , V L14 1/,,) r'f?:- No. o6~'5%<.j E.(~e~ VERSUS A. 13 eN ITeL.. , J) t:; (""eN \:)AN') AND NOW, . . . . . . . . . . . . . . . . . + + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+:+' +':+ AND DECREE IN DIVORCE 1"\ PI q, C. t\ \l , hOOle, IT IS ORDERED AND A LICi fit M. ~l;;:.rJ lTtZ- , PLAINTIFF, E-FR.bl\:) A . ~.e;;N lTEl- , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. DECREED THAT 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: .. . :+:+:+:+:f+ ~ I7c:; Nt> I ~~ PdL ~() CL-AIM~ G\ J\ L.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:++:++:+:++++:+'1'+:++ By THE COURT: \",,\ ---L ~ ~~ \/ AIT<STLt . ~fJ. / ~ 7 p"On<ONOTAe, 'I' +++:+: :+::+:'l'+''l''I' :+'1'+'1':++'1''1'+ + +:+: + +:+:'1''1':+:+:+:+'1'++++:+:+:+:++ J. A? -? /r7?11!/ ~7'.?1h ~;;:. 11// .~ /~ kd'? -:P{) cJU. ft' . c . c 070.' ft'. (' - L. . . 0 '. ..