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HomeMy WebLinkAbout06-4029WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- Jy0,>F CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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 will proceed without you and a decree in 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- #0-2 9 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Walter A. Bender, an adult individual, currently residing at 13 Graystone Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Laurie C. Bender, an adult individual, currently residing at 13 Graystone Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 25, 1992 in Hagerstown, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since October 4, 2005 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT III EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted TURO LAW OFFICES 7,//7/64 Date 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Ul? Walter Arthur Bender CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy the Divorce Complaint, by depositing same in the United States Mail, Certified Return Receipt on the /7-)44 day of )o 2005, from Carlisle, Pennsylvania, addressed as follows: Laurie C. Bender 13 Graystone Road Carlisle, PA 17013 TURO LAW OFFICES 45alen R. Wa squir 28 South Pitt Stree Carlisle, PA 17 (717) 245-968 AAX 717.245.2165 Q\ Q a c,? ? - ?? ? Q?? ? ? ??? -- ?' ? ?? WALTER ARTHUR BENDER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 4029 CIVIL TERM LAURIE CAROL BENDER, Defendant : IN DIVORCE AFFDAVIT OF CONSENT 3. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about July 17, 2006. Service of the complaint was made uponm defendant's counsel who accepted service on her behalf (see acceptance of service previously filed). The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce January 16, 2006 I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. January 16, 2006 ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE _ m A HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434090 ATTORNEY FOR PLAINTIFF WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - 4029 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Daniel R. Beecher, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of the master is requested. (2) The plaintiff has appeared in the action by his attorney, Galen Waltz, Esquire, but Mr. Waltz is no longer representing the plaintiff. The plaintiff is now in Cumberland County Prison. (3) The statutory grounds for divorce as stated by plaintiff are Section 3301 (c). (4) Delete the inapplicable paragraph(s): (a) ThO 6140A 06 wntested. (c) The action is contested with respect to the following claim(s): ALL (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the motion: Defendant thought a property settlement agreement had been reached and sent the agreement and consent to CCP for plaintiff to sign, but plaintiff has not responded. Defendant has signed and filed her consent 9" waiver. March 19, 2007 HAROLD S. IRWIN, III Attorney for Defendai ORDER APPOINTING MASTER NOW, this day of , 2007, E. ROBERT ELICKER, II, ESQUIRE, is appointed master with respect to the following claims: By the Court, iL l MAR 2 2 2007 /*0 &Y HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17018 (717) 243-6090 ATTORNEY FOR PLAINTIFF WALTER ARTHUR BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 4029 CIVIL TERM LAURIE CAROL BENDER, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Daniel R. Beecher, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) (2) (3) (4) (5) (6) (7) Discovery is complete as to the claim(s) for which the appointment of the master is requested. The plaintiff has appeared in the action by his attorney, Galen Waltz, Esquire, but Mr. Waltz is no longer representing the plaintiff. The plaintiff is now in Cumberland County Prison. The statutory grounds for divorce as stated by plaintiff are Section 3301 (c). Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claim(s): ALL The action does not involve complex issues of law or fact. The hearing is expected to take one-half day. Additional information, if any, relevant to the motion: Defendant thought a property settlement agreement had been reached and sent the agreement and consent to CCP for plaintiff to sign, but plaintiff has not responded. Defendant has signed and filed her consent A waiver. March 19, 2007 HAROLD S. IRWIN, 111 Attorney for Defendai ORDER APPOINTING MASTER NOW, this xa !day of V r lU.? , 2007, E. ROBERT ELICKER, II, ESQUIRE, is appointed master with respect to the following claims: !lien Ab? dt.z/7l? -(- B e Court n ? G ?? r FILED-43F ACE OF THE ° ^T, ! ?NOTARY 2001 MAP 23 PH 3: 43 CUM IL; Li ,UU? l ["Y PE-N SYLW%xi,A -v t7?"? WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-4029 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO WITHDRAW APPEARANCE NOW COMES Attorney Galen R. Waltz who represented Walter Arthur Bender, the Plaintiff herein who avers the following: 1. The Plaintiff is Walter Arthur Bender whose last known address was "M" Block, Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. 2. On July 14, 2006, the Attorney entered into representation with the Plaintiff, the Plaintiff filed the Divorce Complaint initiating the divorce action. 3. Mr. Benders divorce action was being funded by a third party who subsequently contacted this Attorney and advised that the funding by the third party would conclude on or about September 14, 2006. 4. As a result, a letter dated September 14, 2006 was mailed to client Bender advising him that the individual financing the divorce action "requested the return of his funds". 5. A request was made to Mr. Bender to provide a retainer in the amount of $500.00 to be received on or before Wednesday, September 27, 2006 (exhibit 1 incorporated herein as if fully set forth). 6. The request for the retainer was made to the client/Plaintiff and neither the retainer nor any communication has been received from the client since the mailing of the September 14, 2006 letter which was never returned to the office marked undeliverable or any other notation indicating non-receipt. 7. On Monday, April 2, 2007, this Attorney received a form Notice from the Divorce Master requesting information regarding discovery. w THEREFORE, it is requested that an Order to Show Cause be issued to Walter Arthur Bender requesting a response within twenty days as to why the request for Withdraw of Attorney Services should not be granted and subsequently an Order issued granting the Withdraw of Appearance by the undersigned. Respectfully Submitted, L- Turo Law Offices ,// 28 South Pitt Street Carlisle, PA 17013 717-245-9688 Supreme Court ID No. 39789 ,. Turo Law Offices RON TURD, Esquire - Of Counsel GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire RICHARD D. KOCH, Esquire * MICHAEL M. JEROMINSKI, Esquire MICHAEL R. SMITH, Esquire *Also admitted in Maryland Walter Art Bender "M" Block Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 RE: Divorce & Representation Dear Art: September 14, 2006 www.TuroLaw.com 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 Enclosed is the September 13, 2006 letter that I received yesterday from Attorney Irwin in respose to my August 22 letter. Since I transmitted to you the previous communications on August 22, 2006, 1 have received no response from you. Furthermore, Mr. Mikula has contacted me and has requested that I freeze all of the money placed into your account by him. Since Mr. Mikula has requested the return of his funds and we at the office are complying with that request, you need provide to me a retainer in the amount of $500.00 to be received in my office on or before Wednesday, September 27, 2006. If I do not have the retainer by close of business September 27, 2006, 1 shall be forced to withdraw from the case. It is imperative that I receive the retainer in order that a response to Attorney Irwin's letter and prior communications are made. Sincerely, Galen R. Waltz, Esq I Gwaltz(aJuroLaw.com CC: Mike Mikula D(HIBR IIIL %k)bLL AiANMUN CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Motion to Withdraw Appearance, by depositing same in he United States Mail, first class, postage pre-paid on the 3 t V of 2007, from Carlisle, Pennsylvania, addressed as follows: Walter Arthur Bender "M' Block 1101 Claremont Road Carlisle, PA 17013 Harold S. Irwin, III, Esquire 64 S. Pitt Street Carlisle, PA 17013 TURO LAW OFFICES d 3fs??? Galen R. Waltz, Esq?iT 28 South Pitt Street' Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 f. WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4029 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED MOTION TO WITHDRAW APPEARANCE AND NOW COMES Attorney Galen R. Waltz who represented Walter Arthur Bender, the Plaintiff herein who avers the following: 1. A Divorce Master, E. Robert Elicker, II, was appointed in this matter by the Honorable Edgar B. Bayley on March 22, 2007. 2. Opposing counsel, Harold S. Irwin, III, Esquire, has been notified of this Motion. No response has yet been received. THEREFORE, it is requested that an Order to Show Cause be issued to Walter Arthur Bender requesting a response within twenty days as to why the request for Withdraw of Attorney Services should not be granted and subsequently an Order issued granting the Withdraw of Appearance by the undersigned. Respectfully Submitted, 28 South Pitt Street Carlisle, PA 17013 717-245-9688 Supreme Court ID No. 39789 CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Amended Motion to Withdraw Appearance, by depositing same in the United States Mail, first class, postage pre-paid on the '???• day of April, 2007, from Carlisle, Pennsylvania, addressed as follows: Walter Arthur Bender "M' Block 1101 Claremont Road Carlisle, PA 17013 Harold S. Irwin, III, Esquire 64 S. Pitt Street Carlisle, PA 17013 TURO LAW OFFICES Galen R. Waltz, Esquli?57 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 -Z7 3 C3 Q o4 W 'APR04Wjrj WALTER ARTHUR BENDER,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LAURIE CAROL BENDER, Defendant :NO. 06-4029 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER TO SHOW CAUSE AND NOW, this 2f' day of , 2007 after receipt of the Praecipe to Withdraw Appearance, the Plaintiff, Walter Arthur Bender is ordered to show Cause in writing within twenty days of the date of this Order as to why the Withdrawal of Appearance by Counsel should not be granted. cc: 0G len R. Waltz, Esquire old S. Irwin, 111, Esquire alter Arthur Bend A 60 :1 Wd SZ 88V tGOZ AbVi ciGH, F C° d M 30 DOU-- ?3143 WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4029 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE 1. A Motion to Withdraw Appearance was filed April 3, 2007. 2. An Order to Show Cause was issued on April 25, 2007 providing the Plaintiff, Walter Arthur Bender, twenty days from the date of the April 25, 2007 Order to Show Cause in writing why the withdrawal of appearance should not be granted. 3. Plaintiff was served Order to Show Cause by first class mail, and the mail has not been returned to sender. 4. The twentieth day was May 15, 2007 and to date no response has been filed by the Plaintiff, Walter Arthur Bender. THEREFORE, it is requested that the Court grant the request to Withdraw Appearance by Counsel. Respectfully Submitted, ?f Galen R. Waltz, Es Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 717-245-9688 Supreme Court ID No. 39789 i 4b - CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Motion to Withdraw Appearance, by depositing same in the United States Mail, first class, postage pre-paid on the day of 2007, from Carlisle, Pennsylvania, addressed as follows: Walter Arthur Bender "M' Block 1101 Claremont Road Carlisle, PA 17013 Harold S. Irwin, III, Esquire 64 S. Pitt Street Carlisle, PA 17013 TURO LAW OFFICES Ga en R. Waltz, E re 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-4029 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED MOTION TO MAKE RULE ABSOLUTE 1. A Motion to Withdraw Appearance was filed April 3, 2007. 2. An Order to Show Cause was issued on April 25, 2007 providing the Plaintiff, Walter Arthur Bender, twenty days from the date of the April 25, 2007 Order to Show Cause in writing why the withdrawal of appearance should not be granted. 3. Plaintiff was served Order to Show Cause by first class mail, and the mail has not been returned to sender. 4. The twentieth day was May 15, 2007 and to date no response has been filed by the Plaintiff, Walter Arthur Bender. 5. Judge Hess is the appointed judge in this matter and attorney Hal Irwin does not object to this Motion. THEREFORE, it is requested that the Court grant the request to Withdraw Appearance by Counsel. Respectfully Submitted, Galen R. Waltz, Esq Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 717-245-9688 Supreme Court ID No. 39789 I CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Amended Motion to Make Rule Absolute, by depositing me in the United States Mail, first class, postage pre-paid on the day of ,) ,& , 2007, from Carlisle, Pennsylvania, addressed as follows: Walter Arthur Bender "M' Block 1101 Claremont Road Carlisle, PA 17013 Harold S. Irwin, III, Esquire 64 S. Pitt Street Carlisle, PA 17013 TURO LAW OFFICES 0alen R. Waltz`, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ?-, 1 .. __ ,. ? °4? . ? .r:' A- 4 JUN 14 2007 ej WALTER ARTHUR BENDER,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. LAURIE CAROL BENDER, Defendant :NO. 06-4029 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this if' day of #A. , 2007 after reviewing the Motion to Make Rule Absolute, the Motion to Withdraw Appearance by Counsel is granted effective the date of this Order. cc: dalen R. Waltz, Esquire Aarold S. Irwin, III, Esquire alter Arthur Bender f,l V l •r. r Tr! ?1F.r 1 ? 1. p~ 1 ,..i..sF a WALTER ARTHUR BENDER, PlalntMf v. LAURIE CAROL BENDER, Dafindant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 4029 CIVIL TERM IN DIVORCE PETITION FOR RULE TO SHOW CAUSE NOW comes the defendant, Laurie Carol Bender, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is Laurie Carol Bender, the defendant in this divorce action. 2. Respondent is Walter Arthur Bender, the plaintiff in this divorce action. 3. The parties were married on June 25, 1992, but have lived separate and apart since October 4, 2005, when plaintiff was incarcerated. 4. Respondent initiated this divorce action by filing a complaint in divorce pursuant to Section 3301 (c) of the Divorce Code on or about October 17, 2006. 5. At petitioner's request the master was appointed to resolve the economic issues in this case, but the respondent did not appear for the conference. Further proceedings with the master were continued until after the two year separation period had elapsed. 6. The parties have lived separate and apart for over two years and defendant wishes to have the marriage terminated at this time and without further delay, while holding the remaining economic issues open for further proceedings with the Master. 7. Bifurcation will separate the divorce from the pending economic claims so that the marriage can be terminated and the defendant can move on with her life. . 10 8. Meanwhile, defendant remains committed to resolving any equitable distribution issues in a reasonable manner in the upcoming Master's proceeding. 9. Defendant believes and therefore avers that bifurcation will further encourage case settlement and will in no way prejudice the plaintiff or his rights. WHEREFORE, defendant requests your Honorable Court to issue a rule upon the plaintiff to show cause why this divorce action should not be bifurcated. October ! 4 2007 HAKVLD 5. IKWIN, III Attorney for Defendai VERIFICATION I verify that the statements made in this complaint 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. October, 2007 C ° 0 YTf?T: C-3 1T r7l _ ?aaa ? 'Y 1 l . f V "G A, HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29M 04 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-SM ATTORNEY FOR PLAINTIFF WALTER ARTHUR BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 - 4028 CIVIL TERM LAURIE CAROL BENDER, : 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 WALTER ARTHUR BENDER, Plalntlff V. LAURIE CAROL BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - 4029 CIVIL TERM IN DIVORCE COUNTER-COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE NOW, comes the defendant, by her attorney, Harold S. Irwin, III, Esquire, and files this counter- complaint in divorce against the defendant, representing as follows: 1. The plaintiff is WALTER ARTHUR BENDER, an adult individual who is presently incarcerated. 2. The defendant is LAURIE CAROL BENDER, an adult individual residing at 190 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 25, 1992, in Hagerstown, Maryland. 5. Pursuant to the Divorce Code, Section 3301(d), the defendant avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since October 4, 2005. 6. The defendant avers that she 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 defendant demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. I verify that the statements made in this complaint 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. October 16, 2007 LAURIE CAROL BENDER, Defendant HAROLD S. IRWIN, III Attorney for plaintiff ??J 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 ? rv ? 3 : -C .C' `rj ? + ` ? ?? ???. ? ? ? a. ? V a.r.. +{ 40 ?. WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defsndant IN TOE COURT OF COMMON PLEAS OF CUM ERLAND COUNTY, PENNSYLVANIA CIVI ACTION -LAW NO. 006 - 4029 CIVIL TERM : 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 days after this affidavit has been served on you or the statements will be admitted. I AFFIDAVIT NDER OF THE DIVaRCE CI 1. The parties to this action separated October 4, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. of 4904 relating to unsworn falsification to authorities. October 16, 2007 #W I . WALTER ARTHUR BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMEERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW NO. X006 - 4028 CIVIL TERM LAURIE CAROL BENDER, Defendant : IN DIVORCE COUNTER-AFFIDAVI UNDER SECTION 5301(d) OF THE IVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or (both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division ofl property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. In 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 I fail to do so before the date set forth on the Notice pf Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this affidavit ore 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: WA TER ARTHUR BENDER, Plaintiff NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to :hake a claim for economic relief, you need not file this counteraffidavit. C"7 0 G ' WALTk1 ARTHUR BENDER, Plaintiff V. WRI! . BENDER, Defect : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 4029 CIVIL TERM : IN DIVORCE AMENDMENT TO PETITION FOR RULE TO SHOW CAUSE NOW comes the defendant, Laurie Carol Bender, and presents this amendment to her petition for a rule to $how cause, representing as follows: 1. No judge has ruled upon any other issue in this or any related matter. 2. The concurrence of opposing counsel in this matter has not been sought as plaintiff is unrepresented and has refused to respond to correspondence from defendant's counsel. Furthermore, the petition is for a rule to show cause which will provide plaintiff with an opportunity to respond to the rule and petitioner's ultimate request for bifurcation. WHEREFORE, defendant requests your Honorable Court to issue a rule upon the plaintiff to show cause why this divorce action should not be bifurcated. November 27, 2007 HAROLD S. IRWIN, III, Attorney for Defendar VERIFICATION Counsel for defendant is making this verification since the facts contained in this amendment are personally known to counsel. 1 verify that the statements made in this complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. November 27, 2007 HAROLD S. IRWI ,111 t a r-a 7.7 co S OCT 2 5200744 WALTER ARTHUR BENDER, Plaintiff V. LAURIE CAROL BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - 4029 CIVIL TERM : IN DIVORCE ORDER OF COURT -W4-u? NOW, this y day of 6ctober, 2007, upon consideration of the attached petition and on motion of the defendant, a rule is hereby issued upon the defendant to show cause why this divorce should not be bifurcated. Rule returnable 20 days after service by certified mail upon the defendant. By the Court, ctj??, 3A LUZ WALTER ARTHUR MENDER, PlalntW V. LAURIE CAROL BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - 4029 CIVIL TERM IN DIVORCE PETITION TO MAKE RULE ABSOLUTE NOW comes the defendant, Laurie Carol Bender, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition to make the rule absolute, representing as follows: 1. Petitioner is Laurie Carol Bender, the defendant in this divorce action 2. Respondent is Walter Arthur Bender, the plaintiff in this divorce action. 3. On December 4, 2007, this Court, by Order signed by Judge Kevin A. Hess, issued a rule upon the plaintiff to show cause why this divorce action should not be bifurcated, returnable 20 days after service upon the respondent by certified mail. 4. On December 12, 2007, respondent was served with the Rule by certified mail addressed to him at Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013, certified mail receipt number 7007 0710 0003 2208 3998. A copy of the sender's receipt and signed receipt are attached hereto as Exhibit "A" and incorporated herein by reference. 5. More than twenty days have elapsed since service of the Rule and respondent has not filed any response thereto, nor communicated in any manner with the petitioner or counsel. 6. Respondent currently has no counsel of record with whom to communicate regarding this petition. WHEREFORE, defendant requests your Honorable Court to make the rule absolute and bifurcate this divorce. January _L, 2008 HAROLD S. IRWIN, III, Attorney for Defendant VERIFICATION Counsel is making this verification since the facts stated herein are known to counsel. I verify that the statements made in this complaint 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. January 1, 2008 HAROLD S. IRWIN, III Y CE) • I • . 1 I I / Er 117 I delivery informatio n visit our website at www.usps.com OFFI CIAL US r r11 0 Postage $ flJ Certified Fee Postmark M 0 Return Receipt Fee (Endorsement Required) 0 Restricted 18"veryFee (Endorsement Required) C3 r%- Total Postage & Fees 0 )ti Sent To 0 S`fftlef, Apt o.; ------------ - C3 or PO Box No. t °v City, tAte, 2/P+4 A ¦ Comptefie items 1, 2, and 3. Also complete Ron 4 if Partricted Delivery is desired. ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. =Ze ¦ Attach this card to the back of the mailp(ece ?/Jn or on the front if space permits. M A- 13 a r- 1 I I D. Is delivery addron dH#a m ftom IMm 1? 13 Yes 1. Article Addressed to: if YEs, enter deitmy address below. 0 No WALTER AR= l 73"NDER CUMBERI LAND CTY RRISON 1101 CLAR71MONT RD CARLISLE PA 17013 3. 0 Express Mali ? Return Receipt for Merdtendise 0 insured Mail 0 C.O.D. . I 2. A,rtlcieMUntM 7007 0710 0003 2208 3998 rnftMf Ps Form 3811, FebruaryMN commao,Pab n fto*t ,oar-M-t IMO EXHIBIT "A" rn W f . CA .' . Y "'AN 0 8 2008rv WALTER ARTHUR BENDER, PlaintNf V. LAURIE CAROL BENDER, Dnhndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - 4029 CIVIL TERM : IN DIVORCE ORDER OF COURT NOW, this 3 a day of January, 2008, upon consideration of the attached petition and on motion of the defendant, the rule issued in this action on December 4, 2007 is hereby made absolute. It is further ordered and decreed that this divorce action shall be and is hereby bifurcated and a decree in divorce shall be entered upon the filing of a praecipe to transmit the record along with any other necessary documents, preserving all economic claims as have been filed. By the Court, VINVAIA NNPd 0? :8 WV L- NV GOOZ ?ui- ?Hl Jo HAROLD S. IRM11N, 111, EM ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434 050 ATTORNEY FOR PLAINTIFF WALTER ARTHUR BENDER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - 4029 CIVIL TERM LAURIE CAROL BENDER, 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: Separation of the parties for over two years under Section 3301(d) of the Divorce Code (the parties have been separated since October 4, 2004. 2. Date and manner of service of the complaint: See Affidavit of Service previously filed. 3. Date of execution by the plaintiff and service upon the defendant of the counter-affidavit under Section 3301(d) of the Divorce Code: A counter-affidavit under Section 3301 (d) of the divorce code was attached to the counter-complaint served upon plaintiff; however, plaintiff has not filed a counter-affidavit. 4. Date of execution by the defendant of the affidavit under Section 3301 (d) of the Divorce Code: Executed by defendant on October 16, 2007 and attached to the counter-complaint served on defendant. 5. Date of service upon plaintiff of the notice of intention to request entry of a divorce decree: N/A. Defendant filed a petition for a rule to show cause why this divorce should not be bifurcated. After default by the plaintiff, the Court made the rule absolute and ordered that this action be bifurcated and that a decree in divorce would be entered upon the filing of this praecipe and any other necessary documents. 6. Date of service upon defendant of the notice of intention to request entry of a divorce decree: N/A. Defendant signed a consent to the divorce and waiver of notice on January 16, 2006, filed January 19, 2006. 7. Related claims pending: All economic claims previously raised. January 9, 2008 HAROLD S. IRWIN, II Attorney for Defenda v{ t=-? C-7 co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENN A. i WALTER ARTHUR BENDER Plaintiff VERSUS LAURIE CAROL BENDER Defendant NO. 2006 - DECREE IN DIVORCE AND NOW, 4Qwis.? ., z 5- Lae DECREED THATWALTER ARTHUR BENDER AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. L TERM IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWINt? CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A F?NAL ORDER HAS NOT YET BEEN ENTERED;: All economic claims previously raised BY TH6t COURT: ATT. J. PROTHONOTARY f 4 v, x .1 ,p. "e V