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Home My WebLink About05-5406SARA EYSTER, Plaintiff V. MICHAEL EYSTER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - .S'S/OL CIVIL ACTION - 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 ofyour 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 at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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 SARA EYSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-6-11n6 l.. l u ??Ez?rl MICHAEL EYSTER : CIVIL ACTION - IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(C) AND 3301 (D) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Sara Eyster (SS#182-58-3911), a citizen of Pennsylvania whose primary residence is located at 35 Kost Road, Carlisle, Pennsylvania, 17013. 2. Defendant is Michael Eyster (SS# 166-58-7309), a citizen of Pennsylvania whose primary residence is 35 Kost Road, Carlisle, Pennsylvania, 17013. 3. Plaintiff and Defendant are sui iuris. Plaintiff has been a bonafide resident 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 December 22, 2003 in Nashville, Tennessee. 5. The marriage is irretrievably broken. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 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. COUNT I. Request for No-Fault Divorce Under 3301(c) and (d) of the Divorce Code 8. Paragraphs one through eight are incorporated as if fully set forth herein. 9. The marriage of the parties is irretrievably broken. 10. 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. 11. 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. 12. Defendant is not now and has never been a member of the armed forces of the United States. WHEREFORE, if both parties file affidavits to a divorce after ninety 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. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. DATE: 0 Respectfully submitted, L en e J. sd , Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 SARA EYSTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. MICHAEL EYSTER : CIVIL ACTION - IN DIVORCE Defendant VERIFICATION I, SARA EYSTER, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: '?( . ?1 h J SARA EYSTE SARA EYSTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. MICHAEL EYSTER : CIVIL ACTION - IN DIVORCE Defendant CERTIFICATE OF SERVICE R AND NOW, this -I day of LA L, 2005, I, Aimee L. Paukovits, for the Lawfirm of Krevsky & Rosen, P.C., on behalf of Plaintiff, SARA EYSTER, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, via First Class, Certified, U.S. Mail, on the following: MICHAEL EYSTER 35 KOST ROAD CARLISLE, PA 17013 ? c ti?? Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 U-I ff ll f?.- SARA EYSTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5406 MICHAEL EYSTER : CIVIL ACTION - IN DIVORCE Defendant AFFIDAVII OF SERVICE I, Lawrence J. Rosen, attorney for Plaintiff, Sara Eyster, served the Notice to Defend and Complaint in Divorce on the Defendant, Michael Eyster relative to the above matter. Said service was made on July 31, 2007 by U.S. Certified Mail, returned receipt requested at the following address: MICHAEL EYSTER P.O. BOX 69 HALIFAZ, PA 17032 ?U- 4 -n?s Lawrence J. Rosen, Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 1 2, ano 3. AISO Re 4N? ClOv+ Is dsekedi ¦ Pant your name :and addrom on the tawwm so that we can fedari the card to you. s Affwh this card to the back of the nlampla c, m or on the front it spaoe pemfts. 1. ArWe Ad*wmed to. 17.0 1 coq -0& i,4-C&K) PN C70 X ? 0 AAeddsmtw Rwo6d by ( lW* C. De W of Deltmy 11 ^Ir-tra, S , &4ie r .- .(- 07 m a sd*swd ' tmm mm i? ? ties It YES, SnWdWtWy WCO, .WW. ONO r OwtOod Mail Mail MpMAlksd wavown Pmwpt for Liwd wbo O Inasad Md 13 C.O.D. ftWj*o Delivery? (Ekka Fee) E3 Yes 2. Article Number (rmnsferfrom mwWceaeW 7001 1940 0004 1686 4290 Ps Form 3811, February 2004 OMMINIC PA*N I l PADS pt 102595-02-M-1540 +?a Ca c z.? M SARA EYSTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5406 MICHAEL EYSTER : CIVIL ACTION - IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce and -.r Section 3301 (c) of the Divorce Code was filed on October 17, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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: , " 7 ? r ' CD -: SARA EYSTER, Plaintiff V. MICHAEL EYSTER Defendant : IN THE COURT OF COMMON PLEAS OF : CU:' 4BERLAND COUNTY, PENNSYLVANIA : NO. 05-5406 CIVIL ACTION - 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 in divorce without notice. 2. I understand that I may lose my 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: O7 MICH L EYSTER o - ? C; .,.., s - i _._ T?` i, . i .... ;:1 ?-?' ? ?- % r_ "t7 ? •` -? , ,?_?. ? ?? ? ^'C SARA EYSTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5406 MICHAEL EYSTER : CIVIL ACTION - IN DIVORCE Defendant AFFIDAVI7 OF CONSENT 4 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 17, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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: ) IQ ?(()-I SARA EYSTER TTI F . . 7 7 cp C:j SARA EYSTER, Plaintiff V. MICHAEL EYSTER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5406 : CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or e-penses 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: 112 0 ?}? SARA EYSTER co 17 CA) < TO Kli CD -30 `ti SARA EYSTER, Plaintiff V. MICHAEL EYSTER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5406 : CIVIL ACTION - 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 Section (x) 3301 (c) the Divorce Code. 2. Date and manner of service of the Complaint: July 31, 2007 via Certified Mail 3. Date of execution of the Affidavit of Consent & Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301 (c) of the Divorce Code required by Section 3301 (c) of the Divorce Code: by the Plaintiff on November 28, 2007; by the Defendant on October 22, 2007. 4. Related claims pendin&&. ( ? a'LL Lawrence J. Rosen, Esquire Attorney for Plaintiff Pn cx? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 05-5406 Sara Evster VERSUS Michael Evster DECREE IN DIVORCE AND NOW, Jo.AVO„?'y IT IS ORDERED AND DECREED THAT Sara Evster PLAINTIFF, AND Michael Evster 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; BY THE COURT: PROTHONOTARY // _ i G- ! ?/ ? , ry, ? ?. .? /?` `-? ._ ,.? i ?-- M ,/ . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA awn Eysicx Plaintiff Vs File No.?? ?K- INDIVORCE Michael Fws?cr Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or XC after the entry of a Final Decree in Divorce dated J0.0 hereby elects to resume the prior surname of 1cC',?? , and gives this written notice avowing his / her intention pursuan provisions o 04. Date: (-)lA C Signature Signature of name being resumed COMMONW LTH F PENNSYLVANIA COUNTY OF On the day of 200, 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 / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. MoviMat ?At AM L SUM Prothonotary or Notary Public MWOry A+bMc gANN"MMO 0111. CWw"MM i:awm Mlr ComnMMion ppiMe AP it .3011 (7) fl-13 O A-z -`t A; at dld? 3M! Go"ll 3 3 AttA 7?IFi'SfJ? Y?1?'1 ?? ? '?? a?91lIMilIfMM