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HomeMy WebLinkAbout02-3515KATHY LYNN LYTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. Obo 3A'/3- CIVIL TERM SHAUN KARL LYTER, : CIVIL ACTION - LAW Defendant : 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 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, 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 Telephone: (717) 249-3166 KATHY LYNN LYTER, Plaintiff SHAUN KARL LYTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~2. Sy/~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND CUSTODY individual, who currently resides at 483 Myers Street, Cumberland County, Pennsylvania 17025. 2. The Defendant in this action is SHAUN KARL LYTER, an adult individual, who currently resides at RR# 1, Box 175K, Newport, Perry County, Pennsylvania 17074. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on March 27, 1999, in Perry County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. The Plaintiff in this action is KATHY LYNN LYTER, an adult West Fairview, -1- 7. The Plaintiff avers that one child has been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. COUNT I - CUSTODY 10. 483 Myers Street, 17025. 11. residing at 17074. The plaintiff is KATHY LYNN LYTER, individual, residing at West Fairview, Cumberland County Pennsylvania, The defendant is SHAUN KARL LYTER, an adult individual, RR# 1, Box 175K, Newport, Perry County, Pennsylvania 12. Plaintiff seeks custody of Katlyn Sue Lyter, born September 18, 1999, age two (2), who currently resides with the Plaintiff. The child was born of the marriage. The child is presently in the custody of her mother, Kathy Lynn Lyter, who currently resides at 483 Myers Street, West Fairview, Cumberland County, Pennsylvania, 17025. During the past five years, the child has resided with the following persons and at the following addresses: -2- NAME ADDRESS Plaintiff 483 Myers Street West Fairview, PA Plaintiff and Defendant 483 Myers Street DATES 7/11/02 to present 9/18/99 thru 7/10/2002 The mother of the children is Kathy Lynn Lyter, who currently resides at 483 Myers Street, West Fairview, Cumberland County, Pennsylvania, 17025. She is married to the defendant. The father of the children is SHAUN KARL LYTER, who currently resides at RR# 1, Box 175K, Newport, Perry County, Pennsylvania 17074. He is married to the Plaintiff. 13. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: NAME RELATIONSHIP Plaintiff and minor child only. 14. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: NAME Mr. and Mrs. Richard Lyter RELATIONSHIP Defendant's parents. 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concern- ing the children pending in a Court of this Commonwealth. -3- Plaintiff does not know of a person not a party to the proceedings who has physical custody of the or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the mother since birth who has provided a continuous living relationship with the child. (b) The mother is able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the child's father consistent with a schedule the parties have arranged between themselves. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her primary physical custody of the child with shared legal custody to the Defendant. -4- I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject P.C.S. ~4904, relating to unsworn falsification to the penalties of 18 to authorities. STONE LaFAVER & SHE;(?.~.TSKI By ~-. ELIr~ETH Supreme .~rt/% D/F50251 414 Sr~ge~re,~, P.O. mo~ Ne~um~n~ PA 17070 ~eph~ 7~-774774~5 /A~~or Plaintiff -5- fl\div\lmailsrv.aff KATHY LYNN LYTER, Plaintiff SHAUN KARL LYTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3515 CIVIL TERM : : CIVIL ACTION - LAW IN DIVORCE A~FIDAVIT OF SERVIC~ COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Shaun Kar Lyter, at RR #1, Box 175K, Newport, Pennsylvania 17074, by United States Certified Mail, postage prepaid, restricted y, on July 27, 2002, as evidenced by the attached Certifie return receipts. Eliz Att( ~w SWORN TO AND SUBSCRIBED befor~m~ this ~_ day of ~ , 2002. N~t~ Publ~c- ~-- 7099 3220 0007 0901 809& KATHY LYNN LYTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAUN KARL LYTER, DEFENDANT : 02-3515 CIVIL TERM AND NOW, this the entry of a final decree in divorce, IS DENIED? By the Court, ~dgai B. [~ayley, J. / ORDER OF COURT .day of July, 2004, the request of plaintiff for ~beth B. Stone, Esquire For Plaintiff R~Raun Lyter, Pro se #1 Box 175K Newport, PA 17074 :sal ' The request for the entry of a decree is premised upon an affidavit of consent and a waiver of notice of intention to request entry of a divorce decree signed by defendant. The documents do not conform with the requirements set forth in Pa. Rule of Civil Procedure 1920.72. fl/div~lconsentaffidavit KATHY LYNN LYTER, Plaintiff SHAUN KARL LYTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3515 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on July 24, 2002, and served July 27, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. 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 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 falsifica- tion to authorities. Date KATHY LYNN LYTER, Plaintiff SHAUN KARL LYTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3515 CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT was filed on July 24, 2. The marriage A complaint in divorce under ~ 3301(c) of the Divorce Code 2002, and served July 27, 2002. tl~ ~=~,1~ ~e~ of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. I understand 'l~hat 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 this affidavit are true and o .... t. I understand that false sta~ ~ .... m,,nts here[D are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifica- tion to authorities. Date , UN KA~ L~R, Defendant KATHY LYNN LYTER, Plaintiff SHAUN KARL LYTER, Defendant CUMBERLAND COUNTY, NO. 02-3515 CIVIL CIVIL ACTION IN DIVORCE IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA TERM LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE notice. I consent to the entry of a final decree of divorce without 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 affidavit are true and correct. I understand that false statemenEs herein are made subject to the penalties of 18 Pa. C.S. 8 tion to authorities. Date 4904 relating to unsworn falsifica- KATHY LYNN LYTER, Plaintiff SHAUN KARL LYTER, Defendant IN THE CODRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3515 CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I COnsent to the entry of a fin~. decr,..._ee of divorce wi~th~ 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 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 falsifica- tion to authorities. Date fl\div\ltransmitpraecipe\7_97 KATHY LYNN LYTER, SHAUN KARL LYTER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3515 CIVIL TERM : : ACTION IN DIVORCE To the Prothonotary: PP~ECIPE TO TRANSMIT ~CORD 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)} ~F~x~ of the Divorce Code. (Strike out inapplicable section}. 2. Date and manner of service of the complaint: Jul 27 2002 Certified Mail Restricted Deliver Return Recei t Re uested ost~. 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 Plaintiff Auc. 12, 2004 ~uq. 11, 2004 -- ; by Defendant (b) (1) Date of execution of the affidavit required by ~ 3301(d) of the Divorce Code: . (2) A. Date of filing of Plaintiff's affidavit upon respondent:. B. Date of service of Plaintiff,s affidavit upon respondent: 4. Related claims pending: ALL CLAIMS SETTLED 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary:_ Date Defendant's Waiver of Notice in , . ' with the Prothonotary:. ~ 33~(c) Dmvorce was f~led Att/ or /PLA NT } fl\div\,lconsentaffidavit KATHY LYN LYTER, Plaintiff SHAUN KARL LYTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3515 : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on July 24, 2002, and served July 27, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. 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 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 falsifica- tion to authorities. ~AT ~ ~N' YTE~, ~ntiff KATHY LYNN LYTER, Plaintiff SHAUN KARL LYTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-35]_5 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(¢.) 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 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 falsifica- tion to authorities. fl\div\lconsentaffidavit KATHY LYN LYTER, Plaintiff SHAUN KARL LYTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3515 CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on July 24, 2002, and served July 27, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. 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 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 falsifica- tion to authorities. Date S HAUN~K~-~dan t KATHY LYNN LYTER, Plaintiff SHAUN KARL LYTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3515 CIVIL TERM : : CIVIL ACTION LAW : IN DIVORCE WAI~R OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 the statements made in this affidavit are true and correct. I understand that false statements herein are made subject C.~. ~ 4904 relating to unsworn faisifica- to the penalties of 18 Pa. tion to authorities. D~t~ SBAUN t~ARL L~Defendant fl\div\ltramsmitpraecipe\7-97 KATHY LYNN LYTER, SHAUN KARL LYTER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3515 CIVIL TERM : 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. Ground for divorce: irretrievable breakdown under ~ (3301(c)) XXXXXXXXXXX of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: JULY 27, 2002, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, POSTAGE PREPAID 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 Plaintiff June 21, 2004 June 14, 2004 (b) (1) Divorce Code: CERTIFIED MAIL= ; by Defendant Date of execution of the affidavit required by ~ 3301(d) of the ; A. Date of filing of Plaintiff's affidavit upon respondent: B. Date of service of Plaintiff's ~ffidavit upon respondent: 4. Related claims pending: ALL CLAIMS SETTLED 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~ 3301(c) the Prothonotary: ~-~[-~ Date Defendant's Waiver of Notice in ~ 330}'(c) the Prothonotary: Divor~ filed with ? f led (¢ ~vorce/was ' with < AiNr, INTHE COURT OF COMMON PLEAS Of CUMBERLAND COIJ NTY STATE OF p~~ PENNA. KATHY LYNN LYTER, Plaintiff VERSUS SHAUN KARL LYTER, Defendant NO. 02-3515 DECREE IN DIVORCE DECREED THAT AND Iq KATHY LYNN LYTER SHAUN KARL LYTER ,IT IS ORDERED AND , PLAiNTiFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OP MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVe been RAISED Of REc~r~L~ THIS ACTION for ~NhlCh A FINAl ORDER HaS NOT YET BEEN ENTERED; ALL CLAIMS SETTLED ~ .... ~' ~/ PROTHONOTARY + + + + + + + +