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HomeMy WebLinkAbout02-0652IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY ERIKA HELENA VAN GORDER, Plaintiff ANDREW CURTIS VAN GORDER, Defendant Civil Action -Law In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS TO: Andrew Curtis Van Gorder 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: CUMBERLAND CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013 (717) 249 3166 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. PA Bar Association Lawyer Referral Service (800) 692-7375 (PA only) (717) 238-6715 James M. Stein, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY ERIKA HELENA VAN GORDER, : Civil Action - Law Plaintiff : : v. : : ANDREW CURTIS VAN GORDER, : Defendant : In Divorce COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE COMES NOW the above named Plaintiff, by and through the undersigned attorney, and for her Complaint for Divorce states to the Court as follows: 1. Plaintiff is Erika Helena Van Gorder, who currently resides at 7 High Street, Boiling Springs, Cumberland County, Pennsylvania, 17007, since April 30, 2001. 2. Defendant is Andrew Curtis Van Gorder, who currently resides at 430B Abbeyville Road, Pittsburgh, Allegheny County, Pennsylvania, 15228, since 1972. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 16, 1947 in Allegheny County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. Date: 2.- 7-o 2. Respectfully submitted, James M. Stein, Attorney for Plaintiff Dick, Stein & Schemel, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 VERIFICATION I verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: 2/7//o 2 Erika H. Van Gorder, Plaintlff PROOF OF SERVICE I HEREBY VERIFY that I have served the foregoing document upon the Defendant by sending one (1) true and correct copy thereof via regular mail and one (1) tree and correct copy via certified mail, postage pre-paid, addressed as follows: Date: Andrew C. Van Gorder 430B Abbeyville Road Pittsburgh, PA 15228 James M. Stein, Attorney for Plaintiff -2- IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY ERIKA HELENA VAN GORDER, Plaintiff Vo ANDREW CURTIS VAN GORDER, Defendant Civil Action - Law F.R. In Divorce ADDITIONAL COUNT IN DIVORCE - EQUITABLE DISTRIBUTION 1. - 8. Plaintiff incorporates Paragraphs 1 through 8 of the preceding complaint in divorce as if fully set forth herein. 9. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 10. Plaintiff and Defendant have been unable to agree to an equitable division of said property. WHEREFORE, Plaintiff respectfully requests that the Court enter an order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Code. Respectfully Submitted -3- James M. Stein, Attorney for Plaintiff Dick, Stein & Schemel, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY ERIKA HELENA VAN GORDER, : Civil Action - Law Plaintiff : : v. : I R. cs' : ANDREW CURTIS VAN G-ORDER, : Defendant : In Divorce NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a countemffidavit within twenty 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 in 1972 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose fights 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., Section 4904, relating to unswom falsification to authorities. '/ Plaintiff Dated: ~/?/OZ. DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF THE VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DOCKET NUMBER: DATE OF MARRIAGE: