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Home My WebLink About02-3285LISA R. BENDER, Plaintiff LARRY E. BENDER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ;NO. 2002- 3a~>5-'~ 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 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 Prothonotary's Office 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 LISA R. BENDER, Plaintiff LARRY E. BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~ol,~ff' CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Lisa R. Bender, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Lisa R. Bender, is an adult individual who currently resides at 7 Pine Road, Apartment 502, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant, Larry E. Bender, is an adult individual who currently resides at 97 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 20, 1989 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for 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, 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' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Lisa R. Bender, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. ~ 3301(c) or 3301(d) of the Divorce Code. Date: ,JUL 0 9 2002 Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX 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. § 4904, relating to unsworn falsification to authorities. L-ISA R. BENDER, Plaintiff LISA R. BENDER, Plaintiff Vo LARRY E. BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-3285 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 19th day of July 2002, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Lisa R. Bender, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Larry E. Bender, by certified, restricted delivery, return- receipt requested. A copy of said receipt is attached hereto indicating service was made on July 17, 2002. Respectfully submitted, Thomas S D~e Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX Certified Fee (Endorsement Require~) (Endomement Required) /~, ~tate, Zm~' .................................... · 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 mailpiece, or on the fl'ont if space permits. A~ticle A~ressed to: L~RRY E. BENDER 97 VICTORY CHURCH ROAD GARDNERS, PA 17324 2. Article Number 7001 2510 0006 5891 2521 (Transfer from sen/ice label) PS Form 381 1, August 2001 Domestic Return Receipt X ~ [] Agent B. Received by (Printed Narq. e) J ?ll lf _ D. Is de~ivery address different from item 17 [r'~ Ye~- - If YES, enter delivery address below: [] No 3. Service Type ~F~er~ified Mail [] Express Mail I"] Registered [] Return Receipt for Merchandise [] Insured Mail ~'1 C.O.D. 4. Restricted Delivery? (Extra Fee) X~ Yes LISA R. BENDER, Plaintiff Vo LARRY E. BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : : NO. 2002-3285 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301 (c) of the Divorce Code was filed on July 11, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed froTM the date of filing and service of the: Complaint. 3. I consent to the entry of a 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. § 4909 relating to unsworn falsification to authorities. LiS~R.-BENDER, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRFE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in 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 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. § 4909 relating to unsworn falsification to authorities. Date: ~-[~03 ~)~ ~ ~--h Q/~.z~O- . ~ISA-R. BENDEI~, Pi~"Tfi-tiff- LISA R. BENDER, VS. LARRY E. BENDER, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3285 IN DIVORCE ACCEPTANCE OF SERVICE I, Larry E. Bender, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the same. Date: 18 July 2002 Larry E. E~nder LISA R. BENDER, VS. LARRY E. BENDER, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3285 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 11 July 2002 and served upon the Defendant on or about 18 July 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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 LARRY E.~ENDER LISA R. BENDER, VS, LARRY E. BENDER, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3285 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODF 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date LISA R. BENDER, Plaintiff LARRY E. BENDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3285 CIVIL TERM : CIVIL ACTION - LAW : 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 § 3301(c) 3.351(d) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on July 17, 2002 by certified mail, restricted delivery to Defendant, Larry E. Bender. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by the Plaintiff: March 18, 2003; by the Defendant: June 25, 2003. (b) (1) Date of execution of the Plaintiff's Affidavit required by § 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's 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, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: March 18, 2003; by the Defendant: June 25, 2003. ~--~ ~.~ Date: JUL 0 3 211lB squire Attorney for Plaintiff iN THE COURT OF COMMON PLEAS LISA R. BFNDER, Plaintiff OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. 2002-3285 VERSUS I arty f RFNF)I=R, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT LISA R. BENDER AND LARRY E. BENDER IT IS ORDERED AND ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NONf. BY THE COURT:/ PROTHONOTARY