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Home My WebLink About04-2121PATRICIA A. GENS VAN ROSSUM, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. NO.~- ,,~1,ll CIVIL TERM : PETER M. VAN ROSSUM, 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 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, Carlisle, PA. 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEF__~ WALJ_ACE & NURICK LLC 100 Pine Street, P.O, Bo~'1166 Harrisburg, PA 17108-1166 (717) 232-8000 PATRICIA A. GENS VAN ROSSUM, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v, NO.O~ - ,~1,.~1 CIVIL TERM PETER M. VAN ROSSUM, : CIVIL ACTION - LAW : Defendant IN DIVORCE COMPLAINT And now comes Plaintiff, Patricia A. Gens van Rossum, by and through his/her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in this matter. COUNT I Divorce Under 3301('d)of the Divorce Code 1. Plaintiff is Patricia A. Gens van Rossum who currently resides at 416 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Peter M. van Rossum who currently resides at 931 Rose Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 7, 1993 at State College, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are Section 3301(d): The marriage of the parties is irretrievably broken. Plaintiff and Defendant separated on or about April 7, 2002 and have lived separate and apart within the meaning of the Divorce Code for a period of at least two years. Plaintiff intends to file an Affidavit alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken, and she anticipates that Defendant will not deny that the parties have been separated for a period of at least two years and that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(d)of the Divorce Code. COUNT II Ecluitable Distribution 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Sections 3501 and 3502 of the Divorce Code. 11. Plaintiff and Defendant have not agreed to an equitable distribution of this property. 12. Plaintiff requests the Court to equitably distribute all the property. WHEREFORE, Plaintiff requests the Court to enter an Order equitably dividing all of the marital property. COUNT Counsel Fees and Expenses 13. Plaintiff lacks sufficient funds to meet the costs and expenses of this divorce action, including the necessary attorneys' fees. 14. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by this action, such costs to be paid by Defendant. WHEREFORE, Plaintiff requests the Court to award counsel fees, costs and expenses to Plaintiff. McNEES WALLACE & NURICK LLC Pamela L. u~:dy f,..) I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA '17108-1166 (717) 232-8000 Attorneys for Plaintiff -3- VERIFICATION I verify that the statements made in this 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. P~tricia A. Gens van Rossum Dated: J~L~/~I~ ~7~ o~0~ -4- PATRICIA A. GENS VAN ROSSUM, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. NO. 04-212'1 CIVIL TERM PETER M. VAN ROSSUM, : CIVIL ACTION - LAW Defendant IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint in divorce in the above matter was served on the Defendant, Peter M. va~ Rossum, by certified mail, restricted delivery, return receipt requested on May 13, 2(:)04. See Exhibit "A" attached. The Complaint in Divorce was received and signed for by the Defendant on May 17, 2004. The original of the return receipt is attached hereto as Exhibit "B". McNEES WALLACE & NURICK LLC Pamela L. Purdy ~/ I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232:-8000 Attorneys for Plaintiff Dated: May 24, 2004 McNee$ Wallace & Nurick attorneys at law PAMELA L. PURDY DIRECT DIAL: (717) 237-5479 E-MA~L ADDRESS; PPURDY~MWN.COM May 13, 2004 VIA CERTIFIED MAIL RESTRICTED DELIVERY 71.,l~ 3fiD1. =E~u,q u,~q5 SP.l? Mr. Peter M. van Rossum 931 Rose Street Harrisburg, PA 17102-1725 Re: van Rossum v. van Rossum C.P. Cumberland No. 04-2121 Dear Mr. van Rossum: Enclosed and served upon you is a copy of the Complaint in divorce, which was filed of record in the Office of the Prothonotary, Cumberland County Courthouse, on May 12, 2004. Very truly yours, McNEES WALLACE & NURICK LLC Pamela L. Purdy PLP:jlp Enclosure c: Patricia A. Gens van Rossum RO. Box 1166 · 100 PINE STREET ° HARRISBURG, PA 17108-1166 · TEL: 717,232.8000 ' FAX: 717.237,5300 ' WWW. MWN.COM HAZLETON, PA ' STATE COLLEGE, PA ' COLUMEUS, OH ' WASHINGTON, DC 7160 3901 9844 4445 ~;217 TO: Mr. Peter M. van Rossum 931 Rose Sa'eet Harrisburg, PA 17102-1725 SENDER: ~q~ REFERENCE: 22385-0001 PS Form 3800, June 2000 RETURN Postage RECEIPT Cellffied Fee SERVICE~i Return Receipt Fee ~ctod I Total Postage a Fees .ec..e. ipt for ~ ~ e~qq qqq5 3. ~iceT~e, CE~IFIED MAlt. 4. Restri~ed Deliver? (E~ra Fee) , ~Yes 1. A~icle Addressed to: ~C~CrCRCC ln~o~matJon Mr. Pctc~ M. van Rossam 93 ] Rose Strc¢~ PS Form 3811, July 2001 Domestic Return Receipt PATRIClA A. GENS VAN ROSSUM, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA : v. NO. CIVIL TERM : PETER M. VAN ROSSUM, : CIVIL ACTION - LAW : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE D~.CREE UNDER .~3301¢d) OF THE DIVORCE CODr' 1. I consent to the entry of a final Decree of Divome 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 veri~ 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 unswom falsification to authorities. ter M. van Rossum, Defendant Date: O,-%t~l- ~ ~° '~ PATRIClA A. GENS VAN ROSSUM, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. : NO. 04-2].2]. CIVIL TERM : PETER M. VAN ROSSUM, : CIVIL ACTION - LAW : Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A OIVORCE DECREE UNDER _~3301(d) OF THE DIVORCE CODY 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights cenceming 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 unswom falsification to aL~'~orities. ~ A. Gens van Rossum, Date: O_u~,~ ~- ~ c / a o~ ~/ PATRIClA A. GENS VAN ROSSUM .' IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. .. : NO. 04-2121 PETER M. VAN ROSSUM .' Civil Action - Law Defendant :In Divome .PRAEClPE TO TRANSMIT RECORn To: Prothonotary of Cumberland County Transmit the record, together with the following information, to the court for entry of divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301(d) of the Divorce Code; 2. Date and manner of service of the Complaint: The Complaint was served by certified mail, restricted delivery, return receipt requested on May 13, 2004; The return receipt was signed by Defendant, Peter M. Van Rossum May 17, 2004, the date the Complaint was delivered to Defendant by the Post Office. A Proof of Service of the Complaint with attached original green card was filed of record in the Office of the Prothontoary of Cumberland County on May 26, 2004. 3 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: July 26, 2004. (b) (2) Date of filing and service of Plaintiff's Notice and Affidavit under Section 3301 (d)of the Divorce Code upon Defendant: July 28, 2004. 4. Related claims. None. All claims withdrawn except for a divorce pursuant to 3301 (d) of the Divorce Code; 5. Date Plaintiff's Waiver of Notice in 3301 (d) Divorce was filed with the Prothonotary: August 19, 2004. 6. Date Defendant's Waiver of Notice in 3301 (d) of the Divorce Code was filed with the Prothonotary: August 19, 2004. McNEES WALLACE & NURICK LLC By 'PamelaL. Purdy ~ 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: ~/i ~//o,~ Attorneys for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Peter M. van Rossum 931 Rose Street Harrisburg, PA 17102-1725 amela L. Purdy ~ Dated: ~//~/~~ IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~~, PENNA. PATRICIA Ao GENS VAN ROSSUH NO. 2004 - 2121 VERSUS PETER Il. VAN ROSSUI, I DECREE IN DIVORCE //--~/~-~w~ ~ "~0~"/ IT IS ORDERED AND AND NOW, DECREED THAT ~at=~c~a A. Gens Van ~ssu= , PLAINTI FF, AND Peter N. Van Ross~ , 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 ~JRT: J ATT~ j. I ~ PROTHONOTARY