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HomeMy WebLinkAbout06-4766 :~ , , j 'I . '(",\; ,H ., " ",f " DANELLE BENDER, , , Plaintiff , 'IN THE COURT OF COMMO;N PLEAS OF , CUMBERlAND COUNTY, PEN1IISYLV1\NlA " ".. 10 '. i CIVIL ACTION LAW No. 151- ~ 4"'lt,1.. , ~' I, , ' 'I', '!,l';'" , ' v. , ~od/TFA..~ '. '.,j' DAVID E.BENDER, Defendant ~ ;, IN DIVORCE N9TIC~ .' I 1. ., ,i' ;, -, ., .. . . ' .,' You have been sued in I;Ourt. Ifyoll wish to defend against the claims set forth, in the following pages,' you m~ take prompt action. You are Warned that if you fail to do so, the case may pioceed without you and a decrCe of divorce or annulment may be entered 'agaiilst you by the court. AJUdgineirt may alsO be entered against you for any other ciiiimor 'relief'requcsted in these'PaPets by the Plaintiff. You maY lose money or property Or other rights important to yo~ including clistodyar . visitation of your children. .' . , .'''''':'.' ..... .'. '. .', ,:.: ' I'.. " '. ,'. I... ;;,.',i,. " ,When the ground for the divorce is indignitiesot, irretrievablCi breaicdownof the marriage, , . I ' .' . . /. :", ;." ,., you mayreques'l:.marriage counseling. A list.ofmarriage, counselors is available in the Office 'of the . PtOthbDOt8Iy 'at the CUmberIand COunty Court House, High and aanover Streets, Carlisle. ' ., :' , IF YOU DO NOT FILE A CLAIM FOR ALiM()NY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTE,D, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. . i.," ", ,'.' . . ." . . ." "-,.' .\ , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.. IF YOU, IX> ' NOT HAVE ALA \\'YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE'THE OFFICE SET FORTH BELOW TO FINI) OUT WHERE YOU CAN GET LEGAL HELP. ' , ,.., . " Cumberland County Bar ASsociation 32 South Bedford Street . , , Catlisle,pA '17013 ., " Phone: (717)249~3166 (800)990-9108 . AMERICANS WITH DIsASILITIBS ACT OF 1990 . ,",. , , i',' The Court of Common Pleas of Cumberland CountY is required by law to comply'with theoAmericans- with Disabilities Act of 1990.. For infotmation about accessible'facilitieS and reasonable IllCOnunodations avaiiable to disabled individuals having business before the court; pleese contaCt our office. Allamuigem=ts ItlUSr be lIIlIde at leaSt 72 hours prior to any hearing or business, before the Court, You must attend the . . scheduled conference or hearing. " .1' , " , i .', ". , , ," I., ' , v. IN THE COURT elF COMMoN PLEAS QF ", , 'CUMBERLAND COUNTY;'PENNSYI,V ANIA CNIL ACTION LAW . No.Ol.. - I.J"lt..I.. "(!;oL'T9t..' '" ,'"-I ",' i DANELLE BENDER, , Plaintiff DAVID E. BENDER, Defendant ., IN DNORCE. . , , ~ , . I , COMPLAINT uNDER SECTION 3301(e) ,OF TIQ: DIVORCE .CODE " .,' I. Plaintiff is Danelle Bender, who currently resides at 418 South Hanover Street; Apt #4, . ,.,., ~; j . ... . ' ;, ; . " Catllsle, Cumberland Comity, Pennsylvania, since J';Ule I; 2006. 'I ", 2. Defendant is David E. Bender, who currently resides at 310 South Pitt street; Carlisle, . i. ,Cumberland Co~ty, PetIIIIlylvania, since November of 2005. ,3. Plaintiff and Defendant have bopt ~n bo~ fide res~dents.~ .th~ Commonwea;ith for at . , ., . , . '. , ....". ":" - ,":' . least six months immediately previous to filing of this Complaint .', , ..4. Plaintiff and Defendant ~ married 0\1 Qctober 15,200,5, in C,arlisle, Cwnberland County, PennylVania. . ' . . 5.Tbere have' been no pnoracti6ns 'ofmvdrte :drfor8rinu1ment betWeCi1'tIlepai1ies'bel-etom , this or any' otjler jurisdiction. '. .' ' 6.ne tnarriage is irretrievably broken. , ,c'.' , " , , .'f '. :'; 7. Plaintiff has been advised that counseling is available, ~ that ~Il!intiffinay,have the ,. ".' '. :. . .' . . 1 .i '. ..;.' , ';.' ~,' I,. ; , . ,. . right to request that the Court require the parties to participate incounseling. ',' \; ',: ,'.. 8. Plaintiff requests the Court to enter a Decree in Divorce. : i .,.' 'l' l;'" -~I, 1 " I ' ..' , , . , , , WHEREFORE, Plafutiffre~ptictfuIly'requesti; this HonOrabie Court to ~ntCr aoecreefu" : ,Divorce and such other Orders as may be just and appropriate. r:' ; .'.' "', - . :'. Respectfully'submitted, , , , 'ROMINGER&,WHARE Date: f ...l,v f) , ~~,~~{1: Attomey'for Plaintiff 155 South Hanover Street Carlisle::, P A. 17013 , Supreme Court LD. #89028 (717) 241.6070 ',' , ,. , . " :" .. ~" . I , ',. , . VERIFICATION I verify that the statements made in: this Complaint are true and correct: I undel-stand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: 'g./LJ ore ~b:tiff . l. - "'V ~ ~ ~ w ~ ...... {f'l ~ q, ~ ~ ~ ~e' c::;: I 1': ins: ~ \-.~ ?;C" -0 <2 ~ "$ '"-" 7:.'t~ _ 9- ';p~ ::. ~ :2 c,... ~ - ..c o B ~ f -- DANELLE BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION LAW No. 06-4766 DAVID E. BENDER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 16, 2006, and was served on August 24, 2006, by Certified Mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of 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. 5. I have been advised of the availability of marriage counseling, and do not request that the Court require that my spouse and I participate in said counseling. 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. ~4904, relating to unsworn falsification to authorities. Date: \ \ . 30 . 06 DanelJE;J?n'~<W Q C- :S:' -(1 r:~ J; rJ;) I.; ';Lr, 'f~-~' -~~..:. )~ ~~~; ~ ~ ~ o t"'Y1 (""'1 - c.n ~ %~ -olC1 -:;.')'1 C),C"'J ?k~ ~,';;; -:J :;::j,.(;' -'~- (11 S ?is ::<:. -0 ~ N .. <.iJ .$.;- DANELLE BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION LA W No. 06-4766 DAVID E. BENDER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 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. S4904, relating to unsworn falsification to authorities. Date: U ::'0' oCa Danelle ~t;l~ o c ;;::e ---v i:-;. ~~r,~ ~..;.:;~ .?-~ (f~ t;-~ -~~. "'3::>' ,. ~:L~; :Y~ I~._ ~ -<. ~ .:;::? 0'"' % c-> - (.n -0 ~. ~ ~~ h) :;)0 ~.~i\ C;? (") ,,-rn c.:2, --.~,.. ~ ~ <.,,) .r,-:- DANELLE BENDER, Plaintiff v. DAVID E. BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LA W No. 06-4766 IN DIVORCE AFFIDAVIT OF CONSENT AND ACKNOWLEDGEMENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 16, 2006, and I acknowledge receipt of a copy of the same, which was served on me on August 24, 2006, by Certified Mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of 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. 5. I have been advised of the availability of marriage counseling, and do not request that the Court require that my spouse and I participate in said counseling. 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. S4904~ relating to unsworn falsification to authorities. Date: II-'Zq-()~ ~5~ D id E. Bender/Defendant r--.') = <::::> <:.:F' o t.", n ~ -I X." rnr' ~JfT~ "nO 'J .1- :-:i~-",,1 ~,l--.H ,;:(,,~ iSrr! .--1 ~ c..n -0 :;.;: r::? w .;;:- DANELLE BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION LA W No. 06-4766 DAVID E. BENDER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 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. ~4904, relating to unsworn falsification to authorities. Date: ,I-r.o,-Ol> ~~ D Id E. Bender, Defendant ~ ~ c:r- Q p'1 (""") c.J1 ~ ::C-n P'r=: --oi"1l --';JY 0,(..':; -J'-l, ""......-1"l. (:'~;Q '-. ,1 7:::.)' ~ ~ -0 :XC N .. v/) - ...... DANELLE BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION LAW No. 06-4766 DAVID E. BENDER, Defendant IN DIVORCE PROOF OF SERVICE . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Miele Addressed to: lJ#; 0 E ,6 t/) D V<- . .3 /0 s: I!tt. sI/~d C/f.ets/e tJ/J /7~)3 / 3. iElC8 Type lflecl Mall [J Express Mall Registered ;>:Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) as 2. Article Number (TransferfromSE 70041350 0003 7142 6731 PS Form 3811, February 2004 Domestic Return Receipt 10259~2.M.1540 .~--\ .'it \~~: Y' tI- o ") (~ (-:J ~ ~ ';:24 Q;.j O~L 02 '.:-- (< DANELLE BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION LAW No. 06-4766 DAVID E. 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. Grounds for divorce: irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: August 18, 2006, was served on Defendant by Certified Mail signed on August 24,2006 (attached hereto as Proof of Service). 3. Date of execution of the Affidavit of Consent required by S 3301(c) or The Divorce Code: by the Plaintiff, November 30, 2006; by the Defendant, November 29,2006. 4. Related claims pending: None. 5. (b) Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: December 15, 2006 Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: December 15, 2006 '1 /~l/~ 4~/l Michael J. Whare, Esq{tire 155 South Hanover Street Carlisle, PAl 7013 (717) 241-6070 Supreme Court ID No. 89028 Date: JJ.~)4-0CiJ CJ -n Ci :~.::! 1 . 1 Cj r-.J --:) - r-.) o "j)' ~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY' PENNA. STATE OF DANELLE Bender Plaintiff VERSUS DAVID E. BENDER Dei1fendant AND NOW, No. 06-4766 CTVTT. DECREE IN DIVORCE Jl\N\JI1~~ 3 l. fJD 1 ,--, IT IS ORDERED AND DECREED THAT l").8npllp 'RPnnpr , PLAI NTI FF, AND David E. Bender , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN I~AISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None By THE COURT: 41 Z AO" ",,1 ].n14fJ/'. ~7,'~ .~ ., """11/'(1 ~ll 1 WtJ11i ~,7 f "9 .., ,. I 'I ' . L. ,{I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DCU1ell-e.. Bender Plaintiff . . VS 'Do.\J\Q E. ~nder Defendant File No. O~-47(Q~ IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x'1 _ prior to the entry of a Final Decree in Divorce, or -2L- after the entry of a Final Decree in Divorce dated 1/ 3/61-- . hereby elects to resume the prior surname of bo V\l e ( m Q 5 t -er , and gives this written notice avowing his I her intention pursuant to the 'sions 0 S4 P.S. 704. Date: L 2.4 ~ ()-, ~~~ S of be' g resumed COMMO~TH, OFPENNSYLVANIA ) COUN1Y OF !;ldV\1~yAavJ) On thd--1 day of ,b v\'\Ao.. ~ .2002 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. Seal~ Witness Whereof, I have hereunto set my ~hand hemmIo :~ hand and official COMMONWEALTH OF PENNSVLVANIA /'L 'J!J/~ NOTARIAl SEAL / KATHRYN E. BERILlA. Notary Pubtlc Notary Public Boro of Carlisle, Cumberland County My Co~~l~slon Explr~~ Oct. 20. 2010 1 - "'0 ~ o ...t. -c ~ ":'t \) \) -v r -J ~ ~ ~ ~ :::;...l <- 'P.'" ~ tj\ ~ .A ~~ (\\~ ~ ..-r1 \.-:-. ...,~)-.....;# ~:~1~? .-- \", q, -;>:- ?i. ~ .......~ 'R c.J' 6"