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Home My WebLink About09-8189a MARK STEPHENSON LYTER, JR., PLAINTIFF VS. MELISSA MARIE LYTER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. O,- $181 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR 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. 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 PA 17013 (717) 249-3166 1-800-990-9108 MARK STEPHENSON LYTER, JR., PLAINTIFF VS. MELISSA MARIE LYTER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. O e • Wy CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, MARK STEPHENSON LYTER, JR., by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is MARK STEPHENSON LYTER, JR., an adult individual, who currently resides at P.O. Box 4, Landisburg, Perry County, Pennsylvania, 17040 and has resided in Cumberland County for more than six (6) months. 2. Defendant is MELISSA MARIE LYTER, an adult individual, who currently resides at 82 Linda Drive, Lot 13, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on April 24, 1999. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant have ever been a member of the United States Military Service. 9. Plaintiff and Defendant have three (3) children from their marriage, NICHOLAS STEPHENSON LYTER, born on July 20, 1996, NATHEN ALEXANDER LYTER, born on June 17, 1998, and HEATHER LYNN LYTER, born on February 28, 2001. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, MARK STEPHENSON LYTER, JR., respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Dated: November 23, 2009 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candie116 Counsel for Plaint, PA I.D. # 64998 4010 Glenfnnan P Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: MA STEPHENSON LYTER JR. FiLE.: ( ivL !. 1 t 2009 HN 25 H, 12: W 1 Cu" L 3? 3.5o PA A-rry GG'V' ( WI 0 X34 j 3(0 MARK STEPHENSON LYTER, JR., PLAINTIFF vs. MELISSA MARIE LYTER, DEFENDANT ~ ~li.tJ":.~1':1tf'E 2d(Q Jed -8 Fr'• 1~ 1 J IN THE COURT OF COl~q-~_ I:PLE~'~-;~ r:~~, OF CUMBERLAND COUNT;' "''{`~ ~~-~!~~.~`~'fs PENNSYLVANIA N0.2009-8189 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE PRAECIPE TO REINSTATE DIVORCE COMPLAINT To the Prothonotary: Plaintiff, MARK STEPHENSON LYTER, JR., respectfully requests to have the divorce complaint in the above identified divorce action reinstated. The Defendant, MELISSA MARIE LYTER, has refused to pick up the divorce complaint when sent by certified mail through the post office. Plaintiff needs to have the divorce complaint reinstated to enable him to serve the divorce complaint upon the Defendant by the Constable. Dated: January 4, 2010 Respectfully su'omitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candiel sq Counsel for Plain f PA LD. # 64998 ~ 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 ~ lD.vo Po A'~ ~~ 1383 aa5g99 CQPY eiJ[ARK STEPHENSON LYTER, JR., PLAINTIFF V S. NIELISSA MARIF, LYTER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~'LVANIA ~', ^; NO. Oq- $ l S~' CIVIL TE~IVi . ~. CIVIL ACTION -LAW N ACTION FOR DIVORCE ~~; `-'' ~, r. _ , . ~: ` rv NOTICE TO DEFE1y1l[) AND CI.A.IlVI RIGS-ITS =_3 cr; You have been sued in coca. If von wish to defend against the claims set forth in the following t~;~Agcs, you ~~~ust take prompt action. ~'ou are ti~arned that er~~~o~u ~ai~ to do so, the case may proceed ithout you and a decree of divorce or annulment mati~ be e~zte~-ed against you by the court. A judgment ~s4ay also be entered against you for any other claian or relief requested in these papers by the plaintiff. ~' a nay lose s~oney or property or other rights impoi-tazat to you_ When the ground for the divorce is indi,nities or irretrievable breakdown of the man~iage. you .nay request marriage counseling. A list of marriage counselors is available in the Office of the ~'a-othonotary at the Cumberla~~d County Courthouse, (one Couahouse Square. Carlisle, PA l 7013-3387. [F YO~i DC? NC~7~ FILE A CLAlivi F(~l~ ALIIVdt?N`[~~ s'~9V9SdUN OE~ PROPERTY, LAWYER'S 9~L'ES OR EXPENSES ~EPORE A ~l~OItCE G~ ANN~iLMENT IS GRANTED, YOU MAY LOSE ~~'~E l2IG~IT `fQ CLAINd ANY Q~~ ~'I-BEM. YOU SlEIOULD TAKE 7['TdIS PAPER TO 'FOUR ~.AW~'ER AT ONCE. IF ~'OU DO IVOT HA~JE A LAVV}'ER Old CANNOT AFF01~ OI~F, GO TO OR 'I'ELEPIIONE THE OFFICE SET FOR~'H YELOW T® F)ND OUT WHERF; YOti CAN GET LEGAL HELP. Cumberland County far Associatios2 _::~ . ,, ._i: -Ti .,_, ~ n ~.. ~.1 _ ~ `~. :.- i f't `'-+ :~ 2 Liberty- Avea~ue Carlisle P/~ 170li (71 %) 249-3166 ~~ ~~ ~~ ~~~~ I -800-99°~-9 I D8 Mi ~ Whr,1 !1@t8 W~fI ~ my ~lt1d '~ ~.`~ ~~t911; DARK STEPHENSON LYTER, JR., PLAINTIFF vs. ~J[ELISSA MARIE LYTER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301{c} OF TH[E DIVORCE CODE AND NOVV, comes the Plaintiff; MARK S~'EPI-IJENSON LYTER, aIR., by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. t . Plaintiff is MARK STEPI-IENSON L'~'TEIZ, JR., an adult individual, who currently resides at P.Q. Box 4, Landisburg, Petry County, Pennsylvania, t %040 and has resided in Cumberland County for more than six ~6) months. 2. Defendant is MELISSA MARIE LYTER, an adult individual, who currently resides at 82 Linda I3rive, Lot l3, Mechanicsburg. Cumberland County. Pennsylvania, 17050. 3. Plaintiff and ~3efer~dani Dave been uc~~a :ide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on April 24, 1999. 5. There have been no prioa- actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant have ever been a member of the United States Military Service. 9. Plaintiff and Defendant have three (3) children from their marriage, NICHOLAS STEPHENSON LYTER, born on July 20, 1996, NATHEN ALEXANDER I.,YTER, born on ,tune 17, 1998, and HF,ATHER LYNN LYTER, born on Febz-uary 28, 2001. COUNT I -REQUEST FOR NO-FAITI,T DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of fling of this Complaint, Plaintiff, MARK STEPHENSON L,'~'TER, JR., respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, LAW FIRM OF SliSAN KAY CANDIELLO, P.C. i ~ ~~ ~ ~f F Dated: November 23, 2009 -- _,'~ ~,~~ ~ ~~ ~ ~~ ;, ~- _ Susan I~ay Candi'ell ' e C~z+r~sel,for Plainti f PA LD. # 64998 '~ ~~ 4010 Glenfinnan Pl~ce'`- Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby veri#~es that the facts averred in the foregoing document are true and correct to the best of her kno~~led~;e, information, and belief. This verification is made ~~~bje~t to the penalties of 18 Pa. ~_S.A. ~~904 relating to answorn falsification to authorities. ,. ~, ~ - - _ if -- ~~lA'l~K S"1'~FI-I~NSON I_,YT~R .iR r MARK STEPHENSON LYTER, JR., PLAINTIFF vs. MELISSA MARIE LYTER, DEFENDANT IN THE COURT OF COMMON PI ~AS - OF CUMBERLAND COUNTY ,~ _'~' PENNSYLVANIA °~~y=- s;_ ~ ;;~ ~ -~~-Ta r- , °_. ~ -~,'r N0.2009-8189 CIVIL TERM ~ -' ' ~~ . _ -~ -;- CIVIL ACTION -LAW - ~' '~,'''~' ACTION FOR DIVORCE ~~l rJ F~% AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on January 26, 2010, comes, SUSAN KAY CANDIELLO, who states as follows: I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Mark Stephenson Lyter, Jr., Plaintiff in the above-captioned matter. 3. On January 23, 2010, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was hand delivered to the Defendant, Melissa Marie Lyter by State Constable, Jeffrey W. Kisner, PSC. 4. The statement from State Constable, Jeffrey W. Kisner, PSC, stating the divorce complaint was personally served upon the Defendant, Melissa Marie Lyter, showing a date of service of January 23, 2010, is attached hereto as Exhibit "A". ~Q ---SUSAN KAY LLO, Counsel for lainti N darn '23 10 05:05p Jeffrey W Kisner -'Y ~~ ..~~j~"f~' . Jeffrey W Kisner PSC N U tS ox 32U2 Shirentanstowtt I'A 77(?I'I Ph: 777.29..2941 (mail: ~'(iiSne~rG~~c,~mcast.nPt ~- I__-... ._.~........_...~-...._.... -_._ --~ -----~`-- -- i - j S:B tprltl!Ilt fi ~ 8002963 Date ~ 7/Sj2009 Amount Duce ~ PAID LV FULL rlrtuuttl Fni~ititic>d - - -- ---- 7177619460 p.1 17;rtc: Janua:v 2.., 201U ST,'~TERdGI`T ~ Bp0296,'i Bi11'I'o 5usatn CattJlcllt~ ~0'1G Glcn(innan Place N1r~:ltar,ictiburF„ ('A I:II $0.(10 .. _-~ Tltarrk you for yorcr hresiness! Office of Peruu~l7rarria State Constable f efji'et/ bti' Kisner, PO Bor 3202, Shirernrrrrstozt~rr PA 17D1:f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STEPHENSON LYTER, JR. V. MELISSA MARIE LYTER NO 2009-8189 DIVORCE DECREE AND NOW, ~ q 1. ~ ~D ~~ , it is ordered and decreed that MARK STEPHENSON LYTER, JR. ,plaintiff, and MELISSA MARIE LYTER 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.") ' NONE By the Court, Attest: notary