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HomeMy WebLinkAbout06-1050IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender, : No.dL - 161Sb (21U?L 'e- n - ?" Plaintiff Civil Action - Law VS. In Divorce Jeffrey Lynn Bender Defendant 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 in divorce or annulment may be 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 the custody or visitation rights 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, Carlisle, Pennsylvania. 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 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender, : No. - /O Sd Plaintiff Civil Action - Law VS. Jeffrey Lynn Bender Defendant : In Divorce COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. al u Plaintiff is Crystal Ann Bender who currently resides at 103 Timber Lane, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, since October 14, 2005. 2. Defendant is Jeffrey Lynn Bender who currently resides at 41 Morris Road, Duncannon, Watts Township, Perry County, Pennsylvania, 17020 since November 14, 2005. 3. Plaintiff and Defendant have been bona fide residents in 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 July 15, 2000, at Duncannon, Perry County, Pennsylvania, 17020. 5. There have been no prior actions of 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. 8. Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted. I??7 H. Anthony Adams, Esquire Attorney for Plaintiff 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717)-532-3270 I verify that the statements made in this Complaint are true and correct. 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: 7 a n k?l l? o rn A_._ stal Ann Bender ••)) ? ? _r? ? p ? u-t s ? ? 4 ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender, : No. 06-1050 Civil Term Plaintiff Civil Action - Law VS. In Divorce Jeffrey Lynn Bender Defendant ACKNOWLEDGEMENT OF SERVICE NI N mi. ? 3 W 1? c co 3 H. Anthony Adams, Esquire state that a complaint in divorce was mailed to Jeffrey Lynn Bender, of 41 Morris Road, Duncannon, Pennsylvania, 17020, by certified mail, return receipt requested on February 23, 2006 and was accepted on delivery by Jeffrey Lynn Bender, February 24, 2006. ° x o H. Anthony Adams, Esquire m ' ° B 3 Attorney for Plaintiff l SNP AO r m w 49 W. Orange Street, Suite 3 y a 0 -?A Shippensburg, PA 17257 a (717)-532-3270 , C" C r ?J 053R ? N ?0 yN d ° n m a ? xm yoaoyn so=m? 3 g m o @. n a a ? m °?q?? o x D tB . m ?' m 3 Pmt m a B 0 3 Pc ? ?°= 3 o F _ / p m O y 4 ? 2 tm d C 0. 0 N A Sworn to and bscrioed this day of, 2006. i Notary Public My Commission Expires: //-f --07 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LEE'i RAH WARREN, Notary Public uburb T wp„ Cumberland Comfy mmieeiun EA fires Nov. S 2005 ?.? --. ?l , r a ?, ; ?; 1.: . .._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender, : No. 06-1050 Civil Plaintiff : Civil Action - Law VS. Jeffrey Lynn Bender Defendant : In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 22, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. I consent to the entry of the 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: 13 oL 411.52 pn„ mrin-- _- stal Ann Bender C _? `? ? C? - r ? ? 7 .., ? - ` C`i i -i - ?i : r- - ?-? ?'?r ? t.. Lj d .7 l'J -ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender, Plaintiff VS. Jeffrey Lynn Bender Defendant No. 06-1050 Civil Civil Action - Law : 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 are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: '? i3I oG cl--4? GL? r, ? ^^d? Crystal Ann Bender c> ?? ?-, c. ?- _, t. "C -r' i -n?. ? cs'"? _ G = W t ? O ;? . _.. ? CRYSTAL A. BENDER, Plaintiff v JEFFREY L. BENDER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1050 Civil CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY, ALIMONY PENDENTE LIFE. COUNSEL FEES AND EXPENSES, AND EQUITABLE DISTRIBUTION AND NOW comes the Defendant, Jeffrey L. Bender-, by his attorney, Joanne Harrison Clough, Esquire, and petitions this Honorable Court for alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of the marital property relevant to his Complaint in Divorce, and in support thereof, respectfully represents as follows: By reason of this action, Defendant, Jeffrey Bender has incurred considerable expense in the preparation of his case and the employment of counsel and the payment of costs. 2. The Defendant is without sufficient funds to support himself and to meet the costs and expenses of this litigation. Defendant's income is not sufficient to provide for his reasonable needs and to pay his/her attorneys' fees and the cost of this litigation and he is unable to appropriately maintain, himself during the pendency of this action. 4. Plaintiff has adequate earnings to provide for the Defendant's support and to pay his counsel fees, costs and expenses. 5. Defendant lacks sufficient property to provide for his reasonable needs. 6. Defendant is unable to support himself/herself through appropriate employment. Particularly since Plaintiff sold the 2001 Dodge Ram 2500 diesel truck that defendant used for his business and she kept all of the proceeds fro the sale of the truck, necessitating Defendant to find and purchase a replacement truck. 7. Plaintiff has sufficient income and assets to provide continuing support for the Defendant. WHEREFORE, Defendant prays this Honorable Court enter an Order making equitable distribution of the marital property and awarding him alimony pendente lite, alimony, counsel fees, expenses and costs. Dated: Respectfully Submitted, JOANNE HARRISON P.C. Joanne Harrison Clou Attorney I.D. #36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 VERIFICATION I, Jeffrey L. Bender, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn verification to authorities. DATE: /7 - CAL ai/,- -,;-0' _.c ed re?y Bender rs U o -7, ?- ? "' ? ? ?' `= ? e: (? sips' - ? . N ? c?+ _ ; y? ? ? ? ;??n W n ?,c v ? yr?_. -°-? ?? Q r ?G . ? a O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender : No. 06-1050 Civil Term Plaintiff : Civil Action - Law vs. Jeffrey Lynn Bender Defendant : In Divorce NOTICE 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 3301(d) OF THE DIVORCE CODE The parties to this action separated on October 15, 2005 and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. 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 are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -? ( C6 ?? I A .?k.-, tal Ann Bender, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender : No. 06-1050 Civil Plaintiff : Civil Action - Law VS. Jeffrey Lynn Bender Defendant : In Divorce NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: JEFFREY LYNN BENDER, DEFENDANT Crystal Ann Bender, Plaintiff intends to file with the Court the attached Praecipe to Transmit Record on or after August 20, 2008, requesting that a final decree in divorce be entered. Respectfully submitted, H. Anthony Adam , n Attorney for Plaintiff 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717)-532-3270 p C"? t ?; ? y ??:.. ??.: ?' '? ? ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender : No. 06-1050 Civil Term Plaintiff VS. : Civil Action - Law : In Divorce Jeffrey Lynn Bender Defendant NOTICE 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 3301(d) OF THE DIVORCE CODE The parties to this action separated on October 15, 2005 and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. 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 are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: r ?, n+eQ A,,n? ?? I Ann Bender, Plaintiff .: ? ??? ??? ?? ?' r.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender, : No. 06-1050 Civil Plaintiff : Civil Action - Law VS. Jeffrey Lynn Bender Defendant TO THE PROTHONOTARY: : In Divorce PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree; 1. Ground for divorce; irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service is believed to have been made by Certified Mail Return Receipt Requested about February 23, 2006 and received by Defendant on February 27, 2006. An Affidavit of Service was filed. 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code; May 1, 2008; Date of service of Plaintiff's affidavit upon the respondent was on May 3, 2008 by first class mail postage prepaid to counsel, Joanne Harrison Clough, Esquire. 4. Related claims pending: Defendant filed a petition for alimony, alimony perdente lite, counsel fees and expenses and equitable distribution on August 28, 2006. No action has been taken by on those matters. 5. Date and manner of service of the notice of intention to file praecipe to transmit the record, a copy of which is attached: first class mail postage prepaid on July 25, 2008 addressed to Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011. H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 of cr, CRYSTAL ANN BENDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY LYNN BENDER DEFENDANT NO. 06-1050 CIVIL ORDER OF COURT AND NOW, this 22nd day of October, 2008, it appearing that the Notice of Intention to Request Entry of Divorce Decree was not received by the Defendant in this case, the request for the Decree in Divorce is DENIED at this time without prejudice. The Counsel for Plaintiff shall forward said Notice to Defendant. By the Court, . ?sk ?' ?k M. L. Ebert, Jr., J. ? H. Anthony Adams, Esquire Attorney for Plaintiff /Joanne Clough, Esquire Attorney for Defendant bas 12TI," ma.izd..-? 10/2.2LI00 txln VNVAUSIN"'id L S .*Z1 Wd ZZ i30 80QZ A8vic) a-lH .Ul-,4d 31i 3o 1211cr-OMY t 49 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Crystal Ann Bender, : No. 06-1050 Civil Plaintiff : Civil Action - Law vs. Jeffrey Lynn Bender Defendant TO THE PROTHONOTARY: : In Divorce PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree; 1. Ground for divorce; irretrievable breakdown under 3301 of the Divorce Code. 2. Date and manner of service of the complaint: The complaint was served by Certified Mail Return Receipt Requested on February 23, 2006 and was received on February 27, 2006. An Affidavit of Service has been filed. 3. Date of execution of the Affidavit required by Section 3301 of the Divorce Code; May 1, 2008. Date of service of Plaintiff's affidavit upon the respondent was on May 3, 2008 by first class mail postage prepaid to counsel, Joanne Harrison Clough, Esquire. 4. Related claims pending: Defendant filed a petition for alimony, alimony perdente lite, counsel fees, expenses and equitable distribution on August 28, 2006. No action has been taken by on those matters. 5. Date and manner of service of the notice of intention to file praecipe to transmit the record, a copy of which is attached: first class mail postage prepaid on October 29, 2008 addressed to Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011. H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 r pay %9, aft dOnPs To em. g- meex Pie h or STATES Certificate Of Mailin ? TAL SERWE. j, m usPSO for do$ MGM, cer"Cow di W bO U fmm My FroMt V V Postmark Here C To: C; Q ? 7o L r PSN 753"2-000-9""0' S Form 307 j April 2007 P U.S. AIE SHI .PA 1 08 OCT UQMMSUM rosmsrencr 0000 0$1 .105 -,. Tilt - ? ?J IN THE COURT OF COMMON PLEAS OF CRYSTAL ANN BENDER CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY LYNN BENDER NO. 06-1050 CIVIL DIVORCE DECREE AND NOW, e ctr?? t,r 'M S , it is ordered and decreed that CRYSTAL ANN BENDER , plaintiff, and JEFFREY LYNN BENDER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Defendant filed a petition for alimony, alimony pendente lite, counsel fees and equitable distribution on August 28, 2006. No action has been taken on thosb matters. By the Court, Attest: J. rot notary t") "v r i .. , rri SL'