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Home My WebLink About09-1078 Lisa K. Scalia Plaintiff V. Bryan J. Eyer Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09-/0 7 J CIVIL TERM : 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 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 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Lisa K. Scalia Plaintiff V. Bryan J. Eyer Defendant Cumberland County, Pennsylvania. Defendant is (1•? (1,KA who currently resides at IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- / b 7 S? CIVIL TERM IN DIVORCE COMPLAINT UNDER §3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is -I 2`1j- ?, c cl1 IC, , who currently resides at 2 r ? sf. shy .?A»as7 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 " / ?' U Jr _ at PA bu (-? 5. The marriage is irretrievably broken, and the parties separated on 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. a- A-09 Date I, Li 5a c ' a I i c, - J?,- ? --,I- PIaintif , Pro e 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. §4904. D - Date: Plaintiff, ro Se Assisted by: Michael A. Scherer, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (717) 249-6873 ` J ?'.A ?• 7 -iT _'_ 4 :? ?, r { _ -r C i ; 1 N _,, I _ ; .,. C:,} ., , ? ?} ?? ?7 .. Lisa K. Scalia IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- p CIVIL TERM Bryan J. Eyer Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Lisa K. Scalia Plaintiff, to proceed in forma au eris. I, Michael A. Scherer, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. ?b?- Mich I . cherer, Esquire Attorney for Plaintiff O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (717) 249-6873 C'7 rv S ? T W C.0 .1J tot A T Qv `? w Lisa K. Scalia Plaintiff v. Bryan J. Eyer Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : NO. 09- 011 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Bryan J. E e? r (Defendant), accepted service of a 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 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ? _ 7?1? Date Bryan e , fendant RL FACE OF 7HE FMTHO OTARY 2009 APR -7 PN 3: 22 CUr, ;"A vNiY PEA IN'Y[VANIA Lisa K. Scalia IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- 1038 CIVIL TERM Bryan J. Eyer Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on a00raoo9 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from 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 divorce. 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: L4 5 Signature: Lisa K. Scalia, Plaintiff RLED-OFFICE OF THE PgQMNOTARY 2009 APR -7 PM 3: 22 PEA 4 NSYLVANA Lisa K. Scalia IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- CIVIL TERM Bryan J. Eyer 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 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: FJ 101 Signature: Lis K. Scalia, Plaintiff OF THE PROTHMTARY 2009 APR -7 Pik 3: 22 Lisa K. Scalia IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. No. 09- +O-M Clvn TERM Bryan J. Eyer Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(4) OF THE DIVORCE CODE 1. Check either (a) or (b): 4/(a) I do not oppose the entry of a divorce decree. o (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): u (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 (a) or (b): Vs( (a) I do not wish to make any claims for economic relief. 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. 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 I 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. ri' .,% 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. §4904 relating to unsworn falsification to authorities. DATE: 3?, 12- V4?)Yv;y_ Bry J . E 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. RM-OFFICE OF THE PRC1WMARf 2009 APR -7 PM 3: 22 CUh? r rr•• YLANIA Lisa K. Scalia IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- CIVIL TERM Bryan J. Eyer 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. 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 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:3 n?D Signature: Br yer, efendant CF 4MTARY 209 APR -7 Pty 3: 22 PENNSYLVANIA Lisa K. Scalia Plaintiff V. Bryan J. Eyer Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- fd 7 ? CIVIL TERM : 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 Section 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant signed Acceptance and Acknowledgment of Service form on 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, lj ?ft ; by Defendant, NrA 4. Related claims pending: There are no outstanding claims. 5. Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 1-71 AM (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 'T _ um Plaintiff's Social Security Number: Defendant's Social Security Number: 0- U0-151flu I Mow- M""IL \-I '**' -4-6?Al Lisa ca is F IOTARY 2009 APR - 7 Phi 3: 22 curs :?: , i J + L " SN,`)Y "N?iA LISA K. SCALIA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRYAN J. EYER, Defendant NO. 09-1078 CIVIL TERM ORDER OF COURT AND NOW, this 16'' day of April, 2009, upon consideration of the praecipe to transmit record filed by Plaintiff, and it appearing that (a) 90 days have not elapsed from the filing and service of the complaint and (b) Defendant has not executed and filed an affidavit of consent under Section 3301(c) of the Divorce Code, a divorce decree will not be entered at this time. /isa K. Scalia 31 West King Street Apt. 3 Shippensburg, PA 17257 Plaintiff Xryan S. Eyer 130 East Garfield Street Shippensburg, PA 17257 Defendant urtesy Copy: ichael A. Scherer, Esq. 19 West South Street Carlisle, PA 17013 J BY THE COURT, J( Wesley , ft., P. :rc 81 .Z Wd L 18dV 60OZ