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Home My WebLink About03-3742PAMELA S. MATTUS, Plaintiff PAUL A. IVlATTUS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. O3 - : CIVIL ACTION - LAW : 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR AL1MONY, 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 TI-IlS 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, Pennsylvania 17013 (717) 249-3166 PAMELA S. MATTUS, Plaintiff PAUL A. MATTUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT 1N DIVORCE 1. Plaintiff`is PAMELA S. MATTUS, an adult individual residing at 4920 Shasta Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is PAUL A. MATTUS, an adult individual residing at 514 Partridge Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 5, 1996 in Juneau, Alaska. 5. There are three (3) minor children born of this marriage: Austin James Mattus, born December 1, 1993; Colton John Mattus, born May 24, 1998; and Dalton Joseph Mattus, bom July 30, 2000. Defendant has contested paternity for the eldest child, Austin, and same is under review. 6. The parties separated on March 17, 2003. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiffrequests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 13. Plaintiffis the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiffrequests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14 The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance 3 with Section 401 (d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs 1 through 15, inclusive, of Plaimiffs Complaint are incorporated herein by reference thereto. 17. Plaintiffrequires reasonable support to adequately sustain herself with the standard of living established during the marriage. I, VttEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs I through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. }VHEREFORE, Plaintiff requests an award of counsel's fees and expenses. VttEREFORE, Plaintiff, PAMELA S. MATTUS, prays this Honorable Court to enter 4 judgment: A. Awarding Plaintiffa decree in divorce; B. Equitably distributing the marital property; C. Awarding Plaintiff support,aiimony and alimony pendente lite; D. Awarding Plaintiff counsel fees, costs and expenses; and E. Awarding other relief as the Court deems just and reasonable. July~ 2003 JBarbara Sumple-Sullivan, Esquire Dated: ~Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 PAMELA S. MATTUS, Plaintiff PAUL A. MATTUS, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unswom falsification to authorities. Dated: July (~, 2003 PAMELA S. MATTUS, Plaintiff PAUL A. MATTUS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NC). CIVIL ACTION - LAW IN DIVORCE VERn~ICATION I, PAMELA S. MATTUS, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are tree and correct to the best of my knowledge, information and belie£ I understand that any false statements made herein are subject to penalties of 18 Pa. CS.A. Section 4904 relating to unsworn falsification to authorities. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA S. MATTUS, Plaintiff PAUL A. MATTUS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action - Law o2 - ~NO~ PETITION FOR ALIMONY PENDENTE LITE 1. Plaintiff is PAMELA S. MATTUS residing at 4920 Shasta Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is PALrL A. MATTUS residing at 514 Partridge Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 4. Defendant has sufficient assets to provide continuing support for Plaintiff. 5. Defendant has sufficient assets to provide alimony pendente lite for Plaintiff. WHEREFORE, Plaintiffrequests the Court to enter an Order awarding her alimony pendente lite pursuant to 23 Pa. C.S.A. 3702. DATE: Jui~_~, 2003 Respectfully subm~d, LBarbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant PAMELA S. MATTUS, Plaintiff PAUL A. MATTUS Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a tree and correct copy of the foregoing PETITION FOR ALIMONY PENDENTE LITE in the above- captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire 134 Sipe Avenue Hummelstown, PA 17036 DATED: July ~ '2003 ~uire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317