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HomeMy WebLinkAbout10-1488 KEITH Y. EISENSTEIN, Plaintiff vs. LORRAINE E. ZEHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. lo - A1951 : IN DIVORCE NOTICE TO DEFEND C N_ 1 M O ? C w 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 at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013- 3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4 h Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notification. Usted debe presentar una apariencia escrita o en persona o Pagel of 2 3sa _oo fir 49 4 vo 1147 3/S '*1"- -)3 5- par abogado y archival en la cone en forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una 6rden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4 h Floor Carlisle, PA 17013-3387 (717) 240-6200 Michael D. Rentschler, Esquire Attorney for Plaintiff Page 2 of 2 KEITH Y. EISENSTEIN, Plaintiff vs. LORRAINE E. ZEHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. Prothonotary KEITH Y. EISENSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LORRAINE E. ZEHR. , Defendant CIVIL ACTION NO. iO- IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is KEITH Y. EISENSTEIN an adult individual who currently resides at 1626 E. 93'd Street, Brooklyn, New York 11236. 2. Defendant is LORRAINE E. ZEHR., an adult individual who currently resides at 4605 Fawn Square, Apartment M, Harrisburg, PA 17112. 3. Plaintiff and Defendant are sui iuris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on February 12, 1984 in Brooklyn, New York. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There was a prior action for divorce or annulment instituted by Plaintiff in Dauphin County, Pennsylvania, but that utter was dismissed. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNTI Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporate herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. The parties have been separated from each other since January 31, 2001. Since two (2) years have elapsed from the date of final separation, Plaintiff intends to file his affidavit of having 2 . • lived separate and apart, provided a divorce decree has not already been granted pursuant to Section 3301 C of the Divorce Code. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 3 . VERIFICATION I, KEITH Y. EISENSTEIN, verify that the statements made in the 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. KEITH Y. EISEN IN, Plaintiff CERTIFICATE OF SERVICE 1, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing Complaint in Divorce, Affidavit of Living Separate and Apart, Counter Affidavit Under Section 3301(d) of the Divorce Code, and Waiver of Notice of Intention to Request Entry of a Divorce Under Section 3301(D) of the Divorce Code (for Defendant's signature) by Certified Mail, restricted delivery, return receipt requested to the following: Lorraine E. Zehr 4605 Fawn Square, Apt. M Harrisburg, PA 17112 Date: s MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff KEITH Y. EISENSTEIN, Plaintiff vs. LORRAINE E. ZEHR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. IIWY IN DIVORCE AFFIDAVIT OF HAVING LIVED SEPARATE AND APART UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE TO THE DEFENDANT n-i i.i w_ N O O Zr w 0 w If you wish to deny any of the statements set forth in this affidavit, you must fife a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. Plaintiff's Affidavit under Section 3301(d) of the Divorce Code. 1. The parties to this action separated on January 31, 2001, and have continued to live separate and apart for a period of two (2) years. 2. The marriage is irretrievably broken. 3. 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 verify that the statements made in the 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 unworn falsification to authorities. Dated: -? /31/P KEITH Y. Plaintiff MM KEITH Y. EISENSTEIN, Plaintiff vs. LORRAINE E. ZEHR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE m z r Q d 0 w w C.) W WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 0 ?gm 2. 1 understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees if 1 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. § 4904 relating to unsworn falsification to authorities. Dated: , 3/3//,P Y. EI NSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH EISENSTEIN V. LORRAINE E. ZEHR NO. 10-1488 CIVIL TERM DIVORCE DECREE AND NOW, M ~ 1 ~ 0 f; ~ , it is ordered and decreed that KEITH EISENSTEIN plaintiff, and LORRAINE E. ZEHR ,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: J. Prothonotary 5 • a 7• /O ~r-l~• C~ n'lau led ~a A~1-h~ Ra~sch 1 e. r- '17~.