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Home My WebLink About00-00587 O,;,:IF'--, "d,,'" """"t SELENA MOUNTZ, Plaintiff IN THE COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00. 5&7 CIVIL TERM RICHARD A. MOUNTZ, Defendant CUSTODY RULE TO SHOW CAUSE AND NOW, this ,.;::r-day of February, 2000, upon consideration of the attached Petition for Special Relief, a rule is issued upon the defendant, Richard A. Mountz, to show cause why the relief requested should not be granted. ,..A!t- ':)... ioJ C_.cT,fo","" The Rule is returnable on the Lday of February, 2000, at ~e' at a CBmO'ijfl@8 in ~.bQ>'R1g8r8. ,J 0, 'S" 1 rk ~ -t- e..~ ~ Cl.r/I.&~.... of ,,~;D~ p:.., I '}()/3, J I" 'cI 'O~,.."'. ",r IS cJ.,'L..cc.Terl -fo A-,~ 'SJ!) fJ~"o) .. T SA, PBRSiRg .c.p1rA1" A~Aa~> fiRMed 1~5cl. J.lla. yt]Jl.:.JJ SH.otg.:lr it! gr<:lnfarl fA tha,FlaiBHff B~:9ry \\86kSFlB. KaRl FRg~JT '"1ot '1 F ~. until SUlldC:lY at 0 p.m. the pOllee, ur Udl~l a.pplUpllC:ll.c law SMaf8elB8H.t agsnsisEI, 3lmll :K"",,:I:taLI;; LH:U.l:s1ta 01 CU:Sloay IO Ul~ pla1ULiff pYJ..:n.I.UJ.it tv tI':>3 v~d.....I. +iMe. , J. Joan Carey, Attorney for Plaintiff -flQr~,^""J...q ~111 0<> Richard A. Mountz Defendant, pro se -I"'\<i.&"d /\tob........ ,,-I, \"'" iH ~ . ~"L -, ~.'. -,~ ^ ~-'--....;--~~~. .>- I.r) ).... 0:: ~-:r; - E::- t~'J!;~ '. $:' - -J ,_ ;~?:~:; 0':;, <'tr;:; 0<; (J... 'l ,,~.... :::;. -- :ri 1.',/ -0 , ;~~: C::''':t i---.. l-L,) :~;!CG ;, 1",,-, ;.~~-d Q.. (:~1 ("::) .-:::~ C'..) 0 ,.,<" '" '. < -. ,,- < ^ '-'" , -~...'~ "',', ,--, .:,':-:~l, , ~L SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5~7 CIVIL TERM RICHARD A. MOUNTZ, Defendant : CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this _ day of February, 2000, upon consideration of the Petition for Special Relief, shared legal and primary physical custody are granted to the plaintiff commencing on Friday, February 4,2000, until further order of Court. The police, or other appropriate law enforcement agencies, shall facilitate transfer of custody to the plaintiff pursuant to this order. This order is entered without prejudice to the defendant to request a hearing. Ibis order shall remain effect pending a further order of court. By the Court, , J. Joan Carey, Attorney for the plaintiff Richard A. Mountz, Defendant, pro se "- , , ,-, I...:, !lIiIi&!iilU* SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5f1CIVIL TERM RICHARD A. MOUNTZ, Defendant : CUSTODY PETITION FOR SPECIAL RELIEF The petitioner, by and through her attorney, Joan Carey, Legal Services, Inc., represents the following: 1. The plaintiff, Selena Mountz, hereinafter referred to as the mother, resides at 986 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Richard A. Mountz, hereinafter referred to as the father. The defendant's residence is unknown to the mother, but, to the best of her knowledge, his address is P.O. Box 38, Mooresdale, Clearfield County, Pennsylvania 16858. 3. The parties are the parents of Miranda Renee Mountz, whose date of birth is 6/23/88. 4. A Complaint for Custody was filed in the above captioned matter on the same date as this petition. A custody conciliation date is in the process of being scheduled. 5. The mother has been the primary caretaker of the child since her birth. 6. On or about January 5, 2000, the father absconded with the child and eliminated all contacts between the mother and the child. 7. The best interest and permanent welfare ofthe child will be served by granting the immediate relief requested for reasons including the following: '. ~ " ~ , , ., ",,~__o.-:, ,:c',," 1_ ,; . a.) The mother has been the primary care giver of the child from her birth until January 5, 2000 when the father removed the child from the mother's custody, her school, and the county where she has resided her entire life. b.) The father has not acted in the best interests of the child by denying the mother all contact with the child, in spite of her repeated attempts to maintain contact. c.) The mother has been unable to obtain any information regarding the child's safety, health, or educational well-being from the school in Clearfield County or from the father, in spite of her repeated attempts to obtain such information. 8. The mother will be harmed without this Court's intervention granting Special Relief because she is being denied all contact with her child and is unable to obtain any information regarding the child's safety, health, or education. WHEREFORE, the plaintiff requests that this court enter a Temporary Order returning immediate primary physical and legal custody to her. Respectfully submitted, J=;~~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 " .Lru_[",;, ,r"~' ',] , 0 ,..cO ;'"_I~,_~_" ~it; ." '7,< VERIFICATION I veritY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: OI!31 100 ~.l.mOl\lI\~ Selena Mountz, Plaintiff 'I'" .~ ...,.; , '~_iWm'Mil~d. - ~">~j .',-~- ."'IIliI.a' , ~" -~, '~',. 0 (:) (J C c..c:> -n :;:~.. -', "TJft; :-1'"] , [l)Q:: ex) - ,-' .e:_ ._'~ iT') 2~ C :-::;~ cr;)- .,'-' (7 -<>-: ~:_~::~ (~, C~C,; -' -'0 -rl ;1>(') ,."', .'\1 Zc F",",) >c (.,) 0 i-i'\ Z C'.., ~~~ =< :0 (Jl -< f;i '-~ ,,~,,"~ '.""'-~~ _--~.F, ~'-'-'K~,i SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.OO- 5'0 CIVIL TERM RICHARD A. MOUNTZ, Defendant : CUSTODY ORDER OF COURT . AND ~OW, up?n consideration of the attached complaint,. it is hereby directed that the , .' ~ parties and their respective counsel appear before \\J'oeC-\-)(. G, \ 1"0-1. I ~ .O-\-~ ~1~7{(~ the conciliator, at on the 211 day of ~r\ , 2000, atq~m., for a Pre-Hearing Q. rvt !>6t Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by tPe court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, Date -:Jf L\ l ()() ~ty~lwtr7~' C~~ Custody Conciliator 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. m d '/6.CD ;) -/0'00 d '/O.()tJ H~ ", ' '~ OF F \ L f~~~~~~.:~?~ .\~~~~,~~) T/.HY 00 FES 10 Pi'l !: 1.,.1 \ . ",,---,\ '-,1'-{"-, {-',;~1 :\'i'rv Ctv".IL"'i'~<: i,c-'",,; l;<JUJ,1 \'il~\-.. I.... ,I ,.~ ' r:rt\lt,t(;V'1 \!I~.',\lit, 1-C.I'Ii ~V 1 L.V ~ ","\ w.~_~ ~ L,S;. ;J1~ ~ ~ 1If~ ta>Jtt~ ~ w.~ ~ ~~ ,~~Illll~~~! ~" ,- , ., JR~\r , . ~- , , -C-'-'^"-~"',_ '._t ';",,-; ,k'- SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- S-i 1 CIVIL TERM RICHARD A. MOUNTZ, Defendant : CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Selena Mountz, residing at 986 Old Mill Road, Carlisle, Cumberland County,Pennsylvama. 2. The defendant is Richard A. Mountz. The defendant's residence is currently unknown. The defendant's address is P.O. Box 38, Mooresdale, Clearfield County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Miranda Renee Mountz Present Address P.O. Box 38, Mooresdale, PA Date of Birth 6/23/88 The child was born in wedlock. The child is presently in the custody of Richard A. Mountz whose current residence is unknown. His address is P.O. Box 38, Mooresdale, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Date Address 1. Selena Mountz Richard Mountz Heather Rickabaugh (daughter) Glen & Lillian Rickabaugh (maternal grandparents) Shawn Rickabaugh (brother) 1069 Grahams Woods Rd. Newville, PA 17241 June 1988 - Aug. 1988 ,~~,- ... ' , - ,--,,' 'L " " Illi~l&\!;t" 2. Selena Mountz 407 Mt. Zion Rd. Aug. 1988 - Dec. 1988 Richard Mountz Carlisle, P A 17013 Heather Rickabaugh Bonnie & Kurt Mountz (paternal grandparents) 3. Selena Mountz II 0 1 Ritner Highway Dec. 1988 - July 1989 Richard Mountz Carlisle, PA 17013 Heather Rickabaugh 4. Selena Mountz 37 Betty Nelson Ct. Dec. 1989 - June 1991 Richard Mountz Lot #137 Heather Rickabaugh Carlisle, P A 17013 5. Selena Mountz 1069 Grahams Woods Rd. June 1991 - Oct. 1991 Richard Mountz Carlisle, P A 17013 Heather Rickabaugh Glen & Lillian Rickabaugh Shawn Rickabaugh 6. Selena Mountz 30 Evandale Ct. Lot #1 Oct. 1991 - Oct. 1994 Richard Mountz Carlisle, P A 17013 Heather Rickabaugh 7. Selena Mountz 698 Old Mill Road Oct. 1994 - Jan. 2000 Richard Mountz Carlisle, P A 17013 Heather Rickabaugh 8. Richard Mountz (Current Residence Unknown) Jan. 2000- Present Joan Koontz (girlfriend) P.O. Box 38 Susan Koontz (girlfriend's daughter) Mooresdale, PA 16856 The mother of the child is Selena Mountz, currently residing at 698 Old Mill Road, Carlisle, Pennsylvania. She is married. The father of the child is Richard A. Mountz. The father's current residence is unknown. His address is P.O. Box 38, Mooresdale, Pennsylvania. <'" -"' '.";!L He is married. 4. The relationship of plaintiff to the child is that of the Mother. 5. The relationship of defendant to the children is that of the Father. The defendant currently resides with the following persons: Name Relationship Joan Koontz Susan Koontz Girlfriend Girlfriend's daughter 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a.) The mother has been the primary care giver of the child from her birth until January 5, 2000, when the father removed the child from the mother's custody. b.) The father has not acted in the best interests of the child by denying the mother all contact with the child, in spite of her repeated attempts to maintain contact. c.) The mother has been unable to obtain any information regarding the child's safety, health, or educational well-being from her school or from the father, in spite of her repeated attempts to obtain such information. 10. Each parent whose parental rights to the child have not been terminated have been named as parties to this action. I' iI14~ WHEREFORE, the plaintiff requests that this Court return primary physical and legal custody of the child to her. Respectfully submitted, / Jo Carey Attorney for Plainti LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 , ' I "I I . VERIFICATION I verifY that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above complaint are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: f) I 1:<'[ 100 S d..u(I.(\-. ]..... rnolHlt l:s Selena Mountz, Plaintiff liIli4k~~ ~" . ~'" ' ~ ~".....;,.,,;, 'll ~ Ull'j C) c: ,- fER? {~-j~~ ~@j- ',- ~~ ~ o (.:::) " "'"1 0:.1 , {-) ,'1 i;',:J.' j,~1 ;~;~1 ~ .~" "< ~v ::J.::: w -:., glj '-r. ,~ ~~- SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-587CIVIL TERM RICHARD A. MOUNTZ, Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Selena Mountz, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. / o Carey Attorney for LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 "-> "I..- ' ..lli~ AFFIDA VIr IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA P AUPERlS 1. I am the plaintiff in the above matter and because of my [mancial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Selena Mountz Address: 698 Old Mill Road Carlisle. PA 17013 Social Security Number: 172-56-1045 (b) If you are presently employed, state Employer: Ames Deoartment Store Address: MJ Carlisle Mall. Carlisle. PA 17013 Salary or wages per month: $504 Type of work: Customer Service If you are presently unemployed, state Date of last employment: N/ A Salary or wages per month: NI A Type of work: NIA (c) Other income within the past twelve months Business or profession: N/ A - , , , ~ ---':0; Other self-employment: N/ A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/ A Support payments: $520 Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Worker's compensation: N/A Public Assistance: N/A Other: None (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: N/ A Type of work: N/A Contributions from children: N/ A (e) Property owned Cash: $20 Checking Account: N/ A Savings Account: N/ A <'-. M Certificates of Deposit: NIA Real Estate (including home): NIA Motor vehicle: Make Ford Probe Year 1995 Cost $4295 Amount owed $1300 Stocks; bonds: NIA Other: NIA (f) Debts and obligations Mortgage: N/A Rent: $250 per month Loans: $3600 Monthly Expenses: $200 - food. $40 - car expenses. $60- utility pavrnents. $20 - household items. $15 - personal items. $25 - clothes. $37 - phone bill. $11 - garbage. $100 - to parents for use of the house. $100 - fmes (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Miranda Mountz NIA Age: 11 Years 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. ",,;,;, 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date:lJll."I,/!oo ~ l-.\\1oC\,,*z Selena Mountz, Plaintiff(j (') 0 !~ C C:,) ~q ..> '""1 ""tJfj;: r'1'i :! mr;'~ Co ;>'." r:.::; - -'~- '-"~ -? ,- 62 d~~ CJ ~~el .'-J' () '" ' :''"2 ~;'~I~~; ~C) """.... );0 ;.::' (5 i-I'! c .'2.: 1::...) Sj ::;f f'0 ::0 -<; ill ,~'i7fO/l. n f.t.j3AI'\ ,;Jj.JA (};,tdf;jj~"--:~' , I . ~ -sll- / ,c 'Iou... !IV()v-! "'- /l e V / c..W I c-; f~~ Fa()m c/~d 'C./~ ~.' 'Il~/ ;;':fAoA. hFts c~fo"'-'l.. .2~(,dy C /f/ittFt-I.,( hFts ~-v-.lV'.s ];,'Cfi1an. f/W1JC. Adv/s t.. . .-, ~." ~ ,. -.~:~,' 02/07/00 03:58 FAX 14101 ~ WILLIAM A. SHAW. JR. AIItmey all.aw 211 North S"""m:1 Slreel Clear1leld. I'A , 1SII30 f'I1aror. (814) 7~1910 Fu: (814) 765-4410 E-Mail: lIlty$~aW@clelltn.t.nel ~I I=LqE NOnCE A TELECOPY TRANSMISSION ACCOMPANIES THIS COVER SHEET Please deliver the following page{~ to: . DAlE: /Iol'i- ~/JwIf1(D 6uII.1o '7/'7 Ol'lrJ- 6 V6:l tJllllflm 5~ ~ :;;- 7- 00 NAME: FAX NUMBER: FROM: TOTAL NUMBER Of' PAGES BEING TRANSMITT1!D,INCLUDING ,THIS COVER SHEET:~' " We are lransmlltlng from our HEWLETT PACKARD FAX.700 FAX NO.: (814)765-4410 . IF yoU DO NOT RECElVEALL OF THE PAGES INDICA TED, PLEASE CALL (114) 765. 1717 AS SOON AS POSSIBLE . ADDfTlONAL MESSAGE: C~NTIALITY TME DOCUMENTS ACCOMPANYING THIS TRANSMISSION CONTAIN INFORMATION WH1CH IS CONF1DENT1AL AND/OR LEGALLY . PRMLE.GED AND IS INTENDED ONLY FOR nlE USE OF nlE IN- DNIDUAL OR ENnTY NAMED ON THIS TRANSMISSION SHEET. IF YOU ARE NOT THE INTENDED RECIPIENT, yOU ARE HEREBY NOnFlED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION. OR 11iE TAKING OF ANY ACTION IN REUANCE ON THE CONTENTS OF THIS TELECOPIED INFORMATION IS STRICTI.V PROHIBITED AND THAT THE DOCUMENTS ' SHOULD BE REnJRNED TO THIS FIRM IMMEDIATELY. IN THIS REGARD, IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE NOTIFY US BY TELEPHONE IMMEDIATELY SO THAT we CAN ARRANGE FOR THE RETURN OF THE ORIGINAL DOCUMENTS TO US AT NO COST TO YOU. ,~ ""~,' 02/07/00 03:55 FAX " ~~ ~" 14101 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA (CIVIL DIVISION) RlCHARD A. MOUNTZ, Plaintiff v. No. 00. 97 - CD SELENA L. MOUNTZ Defendant RULE TO SHOW CAtJSE NOW, this i!!!. day of lil.,.~, 2000, upon consideration of the a!Tached Petition for Emergency Relief a Rule is hereby issued'upon the Defendant to Show Cause why the Petition should not be granted. Rule returnahle by hearing thereon the l-r 'day ohh ,2000, at Ie ro A.m., in Cowtroom numbee:!;?. of the Clearlield County Cour1house. Plaintiff shall have primary physical custody of the parties minor child, Miranda R. Mountz, until fwtha- Order of this Court. NOTICE A PETITION OR MOTION HAS BEEN FILED AGAINST YOU IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTII IN THE FOLLOWING PETITION BY ENTERING A WRl1TEN APPEARANCE PERSONALLY OR BY ATI'ORNEY AND FILING IN WRITING WIlli THE COURT YOUR DEFENSES OR OBJECI10NS TO THE MATIER SET FORTI! AGAINST YOU, YOU ARE WARNED THAT IF you FAll.. TO DO SO TIlE CASE MAY PROCEED WITIlOUT YOU AND AN ORDERMA Y BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR RELIEF REQUESTED BY THE PETmONER OR MOVANT. YOU MAY LOSE RlGHtS IMPORTANT TO YOU. 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 TIlE OFFICE SET FOURTH BELOW TO FIND om WHERE YOU CAN GET LEGAL HELP. COURT AD~STRATOR Clearlield County Courthouse Secoml and Market Stm:t Cleatfield, P A 16830 (814) 765-2641, En 50-51 I hereby certify this to be a true &~d &lt8sll>Jd aJpy' of the original SI;;.iernenr filed In this case, BY THE COURT, FfB 0 7 2(lDD Attest. f.,'fJo.' Jl./l!..... PrQthgnotary / ~~-'f-' - '~c J. Ammerman ""--_ "~-. 'J I W'lilluiL 02/07/00 03:58 FAX ~02 WilliamA. Shaw, Jr. Attorney at Law 211 Narda s..-.l St-t I'll I. I 'I PA 1.68.:1) 11m- tB14ol76$.1910 Fa. l8l4t 26&MIO E-Ma;L ~...."'" '''- February 7, 2000 Hon. Edward Guido 1 Courthouse SqWllll 4th Floor Olrlisle,PA 17013 RE: Mountz y, Mountz I No. 00-587-Ciyil Term D:ar JudgIl Guido: You n:amtty issued a Rule to Show Cause m the above ref~ matter aDd 6('n..q.~ a hearing fur Febnwy 9th, at 1 :30 in the afoauuc:in. R~<lWtbly, I am scheduled to lc::Im: h Philadelphia on Tuesday aftemoon and don't expect to return. imtillate Friday evening. Because of my sclu:lhUe, I am unable to appear for ~ Februaty 9th heiaring and ICSpCCtfu1Iy request tbat I be granbld a Continuance. . AdditiODally, I would note that a Complain~ in Divon:e and Custody, as well as a Petition for Emergency Reliefhave abady been filed in Clearfield CountY. Moreover, the documents were filed onJanual)' 27, 2000, at Clearlield County Docket No. Oq..97-CD. Subsequent to my filing a Compl;WltaDdPetition for Emergency R,elief in Clearlield County, the Honorable Fn:dric Ammerman, issued a Rule to Show cause scheduling a hearing for February 17, 2000. AdditionaUy, Judge Ammennan has Ordere4 that Ricbard Mduntzbave primary physical ,~~'~lOO:v of tlle~rties c:hild until the F ebruaty 17.\-<, ~~.;"'.~, J ~"" f."'$j;"'f:> 'c;r:,..::,.,'.rr.h~ J\'\\)',~'''~ :,'; iJ.G..Ii,::'::'i:i1i ,)i~tj~t;:: tiW ~~b@\'I;' ~ume ~~~I~:d ~~Y?':~j~(;;;ji:}~!jl }!~M ~o A,}jJ.kz;~; ::~ -:;~~,;;,~t~~1~t1~ mJ tID.CC:rgv~ t:fi\l~ ~,\I' ";.":) ,jxp..?itJ,.;,;;.\i.';'--)y' ~\ ~;p~rear Oq, Fe'btl.l&y'~, ~~ }:n~"",,,~ ',' \"~'~lJ'J:dl<:~ji{ ,~~.:liifitirii~- ,~Y:U: T,~'lO"l1l.r;~ f~,'-? '1'; ':-,'r':;~'l\W!i' ".~~'f'M""~ "'" .,,'~ ~~._~:~.. :-l}:" , 't~ MJL",~' ""'-"~J","I'."J1Il ."lO-".. "it ~~ P_omi_.~I~~! 'WJ.~\QJ)i;JI: ,'"'JIi'i,im5, S~!YJk'"; .',',", '"..""'~,"',,,"', ' "":,, , , , .,.',.( J'( "'.",,' ' ~.;;, '.* fA. WillilU~1iI,Ji; q:.' File E~l . ,';'..1 :_1' C" "'< :.,,> ~';";' ~,' .,-i"',,< ,',:"/. .,~~~\;&;;k2}.&;!;:'.:~'i::;Jl,i' ,:,~, rei!"""::,,, '.(~g';:i; ,-~< ~~ ~Illii~'!, 02/07/00 03:55 FAX 1ai02 IN THE COURT OF COMM:ON PLEAS OF CLEARFIELD COUNTY, PENNSYL V ANlA crvn.. DMSION RICHARD A. MOUNTZ, , Plaintiff v, No.OO-97-CD SELENA L MOUNTZ, Defendant Type Of Pleading: PETITION FOR EMERGENCY RELIEF Filed on Behalf of: PLAINTIFF Counsel for Plaintiff: William A. Shaw, Jr., Esquire !D. # 78007 Attorney at Law 211 N. Second Street Clearfield, PA 16830 (814) 765-2501 1 I hl;lreby certify this III ~e a ~ e:: i atteSted copy of lIje original st..lemenl med in tt1is ~. I .IAN ? 7 200tI I I Attest. t.l'Da-~.Jl.L ProthOnotlry -iI. ~ 02/Q7/00 03:55 FAX , , ~ " llIMi;#i' 1aJ03 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYL V ANlA CNlL DMSION RICHARD A. MOUNTZ, Plaintiff v. No.00-97-CD SELENA LMOUNTZ, Defendant PETITION FOR EMERGENCY RELIEF NOW, comes the Plaintiff, Richard A, MountZ, by and through his attorney, William A, Shaw, Jr., Esquire, and files the forgoing Petition for Emergency Relief, and. in support thereof aven as follows: 1, The Plaintiff, Richard A. Mountz, is an individual who resides at P.O. Box 38, Morrisdale, Pennsylvania, 16858; 2. The Defendant, Selena 1. Mountz, is an individual who resides at 698 Old Mill Road, Carlisle, Pennsylvania, 17013; 3. Plaintiff and Defendant have resided in the Commonwealth of pennsylvania for at least six (6) months prior to the filing of this Complaint; 4. Plaintiff and Defendant were married on August 8, 1987, in Carlisle, Pennsylvania; 5. On January 27, 2000, Plaintiff filed a Complaint in Divorce and Custody in the above referenced matter. 2 ='",~""-,, 02/07/00 03:55 FAX iiZl04 6. Plaintiff and Defendant have one minor child, Miranda R. Mountz, DOB June 23, 1988, born to the mazriage. 7, The minor child C\\I11mtly resides with Plaintiff. 8. The minor child previously lived with Defendant 9. While living with Defendant, the minor child was subjected to both physical and mental abuse. 10. Due to the physical and mental abuse caused by Defendant, the minor child bas required counseling. 1 L The minor child experiences multiple post-traumatic symptoms as a result of the Defendant's abuse. 12. Due to the diagnosis, the minor child's therapist believes it is in the child's best interest to have no contact ....ith Defendant. (Exhibit A). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order granting Plaintiff primary physical custody of the child, to the exclusion of Defendant until such time as a custody hearing can be scheduled. Respectfully Submitted, .:.1 .-". ..., .' . .... ... ... 3 ~-~ iI5ii<"",,~ 02/07/00 03:55 FAX IiZI 05 VERIFICATION I, , verifY that the statements made in this Comp1aintlM0tionlPetition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. i 4904, relating to unsworn falsification to authorities. Datt::L!~/!" ~/~- 'n' ~ . . . , .,_"ii'b 02/07/00 03:55 FAX Iti 06 CEN-CLEAR CHilD SE' 'ICES. INC. RR 3 BOX 106. ROUTE 322 WEST PHILIPSBURG PA 168lii-3010 January 24, 2000 Dear Mr. Shaw, Please be advised that I have been seeing Miranda Mountz, d.e.b. 06-23-88, for regular therapy sassions since January 7, 2000. The referral fer therapy was made by Miranda's father, Richard Mountz, who was concerned about the possible repercussions of the physical and emotional abuse which Miranda reportedly endured from her mother. When I first met Miranda she had a black eye, which she indicated she'd received from her mother. , , Miranda has been experiencing multiple post-traumatic symptoms, including: recurrent, cistressing recollections of negative treatment by her mother; recurrent, frightening dreams of her mother coming to get her; and intense psychological distress at exposure to situations which are reminiscent of negative interactions with her mother, These reactions have prevented Miranda from functioning normally, particularly in school. Until just last week, she was having daily nightmares and fears of attending schoor(because she had visions of her mother coming and taking her, which, ac:::ording to MirandE!, has happened in the recent past and was also a recent threat by mother). I believe that it is in Miranda's best interests to have no contact with her mother for the time being, including telephone calls. At this time, she needs to be able to achieve some distance from the abusive relationship in order to heal. It is essential that Miranda be allowed to confront and deal with her relationship with her mother on her own terms, thus ensuring her sense of safety and control. She has indicated that she feels safe with her father and does not Wish to speak With, or sse, her mother. If you have any questions or if I may be of further service in helping to address and meet Miranda's needs, please do not hesitate to contact me at 342-5845. Sincerely, ,'''2/, ",d. I C-~1F 2.c-'41'-h./ Kathryn L. Wilford, M.S. Therapist REACHING CHILDREN THROUGH FAMILIES PHONE (814) 342.5678 . FAX (814) 342.2755 . ,\ IJ,. II '.' ,,-' t . ~ - " -~.. I r. '. " "'t'r !~~<l ! U[(i'p Sh,-"lV' ,/' 11/" "",'f ,\_A. ..'\: .~ .-t' '. ),/r " I-. J-_.Wllo .. 02107/00-' 03: 58 FAX 14103 , ,-"t,', ):1. . " :' :r, ',.i?t' ~J."f'Z f~ r a~y' il!-~~.I1-~'-t;~:,~""\'t,t4 (;) , " "IN .mC:OURtOF CnMMoN PLEAS OF CLEARFIELD COUNTI'. PENNSYLVANIA (CML DNlSION) ;.. ~"; ,- ',- . ~... '... '~.h ~ -\ \ - . .. "-,' , .... _'j' I , . ". any qu~...OIlS OJ r.~ . RICHARD A. MOUNTZ. i , Plaintiff .1.V, \ No. 00 -97 - C1) I J 1 ... _ jl . -, ~. ' . SEt..ENA L. MOUNTZ Defendant RULE '1'0 SHOW CAUSE NOW, this ~ day of rel,,~, 2000, upon consideration of the attacbed Petition for Emergency Relief a Rule is hereby issued'upon the Defendant to Show Cause why the Petition should not be granted Rule returnable by hearing thereon the IT 'day o~.~ ,2000, at Ie: cJ:J .I1.m., in Courtroom nwn~ of the Clearlield Counry Courthouse. Plaintiff shall have primary physical custody of the parties minor child, Miranda R. MmmlZ, until further Order of this Court. NOTICE A PETITION ORMaTION HAS BEEN FILED AGAINST YOU IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PErmON BY ENTERING A WRITI'EN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE MAnER SET FORTH AGAINST YOU, YOU ARE WARNED THAT IF you FAlL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND AN ORDERMA Y BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR RELIEF REQUESTED BY THE PETITIONER OR MOVANT. YOU MAY LOSE RIGHTS IMPORTANT TO YOU. 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 FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMJmSTRATOR C1earfield CountY Courthouse Second and Marltet Street CJearlield, P A 16830 (814) 765-2641, Ext. SO-51 I hereby certify this to be II true ~~d elI8sIe~ lXIpy: ~f the original $Iiolilment filed .n thIS Case, AttIlSt. FEB 0 7 2000 fu."dn- JlL Prothonotary BY THE COURT, r---4J-tC:.~~L " \~c J. Ammerman ' " ~ .~ ' ~"."i~" 02/07/00 03:58 FAX I4i 04 IN TIIE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYL V ANlA CIVIL DIVISION RICHARD A. MOUNTZ, Plaintiff v. No. 00 - 97 - CD SELENA L MOUNTZ, Defendant Type OfPleacling; PETITION FOR EMERGENCY RELIEF Filed on Behalf of; PLAINTIFF Counsel for Plaintiff: William A. Shaw, Jr., Esquire I.D. # 78007 Attorney at Law 211 N. Second Street Clear:field, P A 16830 (814) 765-2501 I hereby certify this 1D be a ~ -. i attested copy of the onginal ~i&tement filed in this case. I ,1c\N ? 7 2OllO Attest. f..,'to:-(lL Prothonotary 02/07/00 03:58 FAX ~ ~jiiiJ III 05 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYL V ANlA CIVIL DMSION RICHARD A. MOUNTZ, Plaintiff v. No. 00 - 97 . CD SELENA L MOUNTZ, Defendant PETITION FOR EMERGENCY RELIEF NOW, comes the Plaintiff, Richard A, Mountz, by and through his attorney, William A. Shaw, Jr., Esquire, and files the forgoing Petition for Emergency Relief, and in suppon thc:reof avers as follows: L The Plaintiff, Richard A. Mountz, is an individual who resides at P.O. Box 38, Morrisdale, Pennsylvania. 16858; 2. The Defendant, Selena L, Mountz, is an individual who teSides at 698 Old Mill Road, Carlisle, Pennsylvania. 17013; 3. Plaintiff and Defenclant have resided in the Commonwealth ofPellIlS)'lvania for at least six (6) months prior to the filing of this Complaint; 4. Plaintiff and Defenclant were married on August 8, 1987, in Carlisle, , Pennsylvania; S. On JanU81)' 27, 2000, Plaintiff filed a Complaint in Divorce and Custody in the above referenced matter. 2 ~ -~ - ;1111111....11",,- 02/07/00 03:58 FAX 14106 6. Plaintiff and Defendant have one minor child, Miranda R. Mountz, DOB June 23, 1988, born to the marriage. 7. The minor child currently resides with Plaintiff. 8. The minor child previously lived with Defendant. 9. While living with Defendant, the minor child was subjected to both physical and mental abuse. 10, Due to the physical and mental abuse caused by Defendant, the minor child has required counseling, 1 L The minor child experiences multiple post-traumatic symptoms as a result of the Defendant's abuse. 12. Due to the diagnosis, the minor child's therapist believes it is in the child's best interest to have no contact with Defendant. (Exhibit A). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order granting Plaintiff primary physical custody of the child, to the exclu~;ion of Defendant until such time as a custody hearing can be scheduled, Respectfully Submitted, ....1 , ~ .... .... ... William A.... Shaw, Jr" Esquire Attorney for Plaintiff 3 Jl>+~~ ~ .....'~ . ~- :mIl~~&I","~ 02/07/00 03:58 FAX I4i 07 VERIFICATION 1, , verifY that the statements made in this ComplaintIMotionJPetition are true and correct. I undeIStand that false statements herein are made subject to the penalties of 18 Pa.C.S. fi 4904, relating to unswom falsification to authorities. .Date: 0%/'" ;.d./>~4~ -~-~ ~"- ~ " " FAX CEN-CLEAR CHILD SE' 'ICES, INC. RR 3 BOX 106. ROUTE 322 WEST PHILIPSBURG P,Il. 16866-301Q January 24, 2000 Dear Mr. Shaw. Please be advised that I have been seeing Miranda Mountz., d.o.b. 06-23-88, for regular therapy sessions since January 7, 2000. The referral for therapy was made by Miranda's father, Richard Mountz, who was concerned about the possible repercussions of the physical and emotional abuse which Miranda reportedly endured from her mother. When I first met Miranda she had a black eye, which she indicated she'd received from her mother. . . Miranda has been experiencing multiple post-traumatic symptoms, including: recurrent, distressing recollections of negative treatment by her mother, recurrent, frightening dreams of her mother coming to get her; and intense psychological distress at exposure to situations which are reminiscent of negative interactions with her mother. These reactions have prevented Miranda from functioning normally, particularly in school. Until just last week, she was having daily nightmares and feers of attending schoor(becausa she had visions of her mother coming and taking her, which, according to Miranda, has happened in the recent past and was elso a recent threat by mother). I believe that it is in Miranda's best interests to have no contact with her mother for the time being, including telephone calls. At this time, she needs to be able to achieve some distance from the abusive relationship in order to heal. It is essential that Miranda be allowed to confront and. deal with her relationship with her mother on her own terms, thus ensuring her sense of safety and control. She has indicated that she feels safe with her father and does not wish to speak with, or see, her mother. If you have any questions or if I may be of further service in helping to address and meet Miranda's needs, please do not hesitate to contact me at 342.5845. Sincerely, -;/, r Uti" l(;~ Kathryn L. Wilford, M.S. Therapist REACHING CHILDREN THROUGH FAMILIES PHONE (814) 342-5678 . FAX (814) 342.2755 ,\ IJ, II I - ......,,,,,j, 14i08 - ~' 02/07/00 03:58 FAX 14i09 1N THE COURT OF COMMON PLEAS OF CLEARFlELD COUNlY, PENNSYLV ANlA. CIVIL DMSION RICHARD A. MOUNTZ, P\a.intiff v. No. OO-~____-CD SELENA L MOUNTZ, Defendant Type Of Plea cling: COMPLAINT IN DIVORCE and CUSTODY Filed on Behalf of: PLAINTIFF Counsel for Phuntiff: William A. Shaw, Jr., Esquire I.D. # 78007. Attomey at Law 211 N. Second Street C1earfield, P A 16830 (814) 765-2501 THERE IS ONE MINOR CHILD BORN TO TInS MARRIAGE: Miranda R. Mountz DOB: June 23, 1988 I hF.lreby certify this to b! a t'u'!! and attested copy of the onglrlal statement filed in this case. Attest. JAN 27 ,r.oo l, 'Do' 4L PrQlhonotary J. 02/07/00 03:58 FAX I!!Ir~ "- IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DMSION RICHARD A. MOUNTZ, Plaintiff v. No. 00- -CD SELENA L MOUNTZ, Defendant NOTICE 1'0 DEFEND AND C~ RIGHTS You have been sued in Court. If you wish to defend against the claims set furth in the following pages, you must take prompt action, You are wBmed that jfyou 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. Ajudgment 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 breakdo'Nil of the marriage, you may request marriage co~seling. A list of marriage cOllIlSelors is available in the Office of the Prothonotaty of Clearfield County, Cleameld County Courthouse, Cleameld, Pemisylvania... IF YOU DO NOT FILE A CLAlM FOR ALIMONY, DIVISION OF PROPERlY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAlM ANY OF THEM. YOU SHOULD TAKE nns PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO pR TELEPHONE 'IRE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cleameld County Courthouse 230 East Market Street Clearfield, P A 16830 (814) 765-2641 2 02/07/00 03:58 FAX IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNlY, PENNSYL V ANlA CNIL DNISION RICHARD A. MQUNfZ, Plaintiff v, No. 00 - .CD SELENA L MOUNTZ, Defendant COMPLAINT NOW, the Plaintiff, Richard A. Mountz, by and through his attorney, William A. Shaw, Jr., Esquire, files the forgoing Complaint in Divorce and in support thereof avers w; follows: 1. The Plaintiff, Richard A. Mountz, is an individual who resides at P.O. Box 38, Momsdale, Pennsylvania, 16858; 2. The Defendant, Selena L. Mountt, is an individual who resides at 698 Old Mill Road, Carlisle, pennsylvania; 17Q 13; 3. Plaintiff and Defendant have resided in the Conunonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint; 4. Plaintiff and Defendant were maIIied ~n August 8, 1987, in Carlisle, . Pennsylvania; 5. There have been no prior actions of divorce or annulment betwem the parties except for Complaint in Divorce med in the Court of Common Pleas of Cumberland County rued on September 3, 1999, and discontinued on January 21, 2000, at No. 99-5413-Civil Term; 3 I. -~-~...b 14i11 I j I I I I I I , I I I 'ii, 02/07/00 03:58 FAX 14i12 6, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to rectuest that the Court require the parties to participate in counseling; COUNT I - DIVORCE PURSUANT TO S 3301 (el and (d) 7. Plaintiff incorporates paragraphs I - 6 herein by reference. 8, The marriage is irretrievably broken. WHEREFORE, PlaintiffrespeetfuUy requests this Honorable Court issue a Decree of Divorce in the above captioned matter pursuant to f 3301 (c) (d). COUNT 11- DI\'ORCE PURSUANT TO S 3301 (a) 9, Plaintiff incorporates paragraphs 1 through 8 herein by reference; 10. During the course of the marriage, Plaintiff was subjected to cruel and barbarous treatment by the Defendant and such treatment endangered the life or health of the Plaintiff; . . . . 1 L During the courne of the marriage, the Defendant offered Such indignities to the Plaintiff as to render the Plaintiff's condition intolerable and life-burdensome; WHEREFORE, Plaintiff respectfully requests this Honorable Court issue a Decree of Divorce in the above captioned matter purnuant to ~ 3301 (a) of the Divorce Code. 4 -" 02/07/00 03:5S. FAX 14i13 COUNT ill " DIVISION OF PROPEB.1Y 12. Plaintiff incorporates paragraphs 1 " 11 herein by reference. 13. During the course of marriage, Plaintiff and Defendant acquired certain assets considered marital assets within the meaning of the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to the equitable division of the marital assets as of the date of filing this Complaint COUNT IV - CUSTODY 15. Plaintiff incorporates paragraphs 1 -14 herein by reference. 16. The Plaintiff is .Richa.rd S. Mountz, residing at PO Box 38, Morrisdale, PA 16858; 17. The Defendant is Selena L. Mountz, residing at 698 Old Mill Road, Carlisle, P A . . . 17013; 18. The Plaintiff seeks custody of the following child: Name Miranda R. Mountz Present Address PO Box 38 Morrisdale, PA 16858 ~ 11 The child was not born out of wedlock, The child is presently in Plaintiffs custody s' -, '. =' 02/07/00 03:58 FAX 14i14 During the past 5 years the child has resided with the following persons and at the following addresses: ~. Plaintiff Address PO Box 38 Momsclale, PA 16858 Dates Fal1l99 - cummt Defendant 698 Old Mill Road Carlisle, PA 17013 ? - F allI99 Plaintiff and Defendant 698 Old Mill Road Carlisle, P A 17013 During marriage Defendant is the child's natural mother. Plaintiff is the child's natural father. 19, Plaintiff clUTently resides with Joan Koontz; 20. Defendant currently reside8 alone; 21. There have been prior custody actions filed. Plaintiff has no information of a custody proceeding conceming this child pending.in a court oftbis Commonwealth; . Plaintifr'doeS:not ~ow of a person not a party to the proceedings who has physical custody of the child or claims to have physical cUstody or visitation rights with respect to the child; 22. The best interests and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff believes he can more adequately provide for the child's needs. b) Plaintiff believes he can provide a more wholesome, more stable, and overall better family environment for the child. 6 02/07/00 03:58 FAX _do ..~",_"i 14i15 23. 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 respectfully requests this Honorable Court issue an Order granting Plaintiff primary physical custody of the child. Respectfully Submitted, .' .."'........ , . Wi1liam~. Shaw, Jr., Esquire Attotntly for Plaintiff 7 .~Oh 02/07/00 03:58 FAX VERIFICATION I, Richard A. Mountz, verify that the SIatements lllJIde 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. Date: L! 16 / (Jd /t'~/ /' ~ Richard A. Mounlz 6 I -.,,"'. 14116 - - :lIIlIw;Ii>I~~ 02/07/00 03:58 FAX 14i17 William. A. Shaw, Jr. Attorney at Law 211 NcatIa s.-.l S_ . cJ,...:..J.I PA 161l3O PJ...... (81~ 765-1910 p_ 181tt 7(6.4,&10 E-Ma6 ~"A.._EZ t __LmdI February 1, 2000 Hen. Edward Guido I Counhause Square 4th Floor Carlisle, PA 17013 RB: ~nf7 v. M~/No. OO-S87-Civil Term Dear Judge Guido: You rer::ent1:y issued a Rule to Show ~ in the above referenced matter and scheduled a hearing for Febnwy 9th, at 1:30 in the afternoon. Regrettably, 1 am scheduled to leave for Philadelphia on Tuesday afternoon and don't expect to return until late Friday evening. Because of my vht.rlvle, 1 am 1IIIlIble to 04tP""" for the February 9th bearing aDd '''''l-ltfully request tbal I be granted a continWlIlCe. Additionally, I would note that a CompI.aiu:t in Divon:e and Custody, as well as a Petition ibr Bm~lmcy Reliefbave already been filed in Clear.field County. Moreover, the documeots llfere filed on January 27, 2000, at Clearfield County:Docket No. 00-97-CD. Subsequent to my filiDg a Complaint and Petition for Emergency Relief in Clearfield County, the HonombIe Fredric Ammerman issued a Rule to Show cause scheduling a hearing for February 17, 2000. Additionally, Judge Ammennan bas Ordered that Richard Mountz have primary physical custody of the parties child until the February 17th hearing. I am faxing a copy of the relevant documents and Rule to Show cause issued by Judge Ammem1an for your review. Again, I apologize for any inconvenience due to my inability to appear on February 9, 2000. Please cOnsider gnmting my request for a continuance. Please con1act me with any ql1....dinn~ or N"\tI"""'tI&, Sincerely, a rI/. ~--' ///,.'/,,- r...(. .~~ WiIliamA':"Sbaw, Jr. ce. File Joan Caley, Esquire Bncl -"~ r -"-- l........ .". ' ,- ~,li fEBS - 2000 William A. Shaw, Jr. Attomey at Law 211 North Second Street Clearfielcl, PA 16830 Phone, (814) 765.1910 Fax, (814) 765-4410 E-Mail: attyshaw@cleamet.net February 7, 2000 Hon. Edward Guido 1 Courthouse Square 4th Floor Carlisle, P A 17013 RE: Mountz v, Mountz 1 No, 00-587-Civil Term Dear Judge Guido: You recently issued a Rule to Show Cause in the above referenced matter and scheduled a hearing for February 9th, at 1 :30 in the afternoon. Regrettably, I am scheduled to leave for Philadelphia on Tuesday aftemoon and don't expect to return until late Friday evening. Because of my schedule, I am unable to appear for the February 9th hearing and respectfully request that I be granted a continuance. Additionally, I would note that a Complaint in Divorce and Custody, as well as a Petition for Emergency Relief have already been filed in Clearfield County, Moreover, the documents were filed on January 27, 2000, at Clearfield County Docket No. 00-97-CD. Subsequent to my filing a Complaint and Petition for Emergency Relief in Clearfield County, the Honorable Fredric Ammerman issued a Rule to Show cause scheduling a hearing for February 17, 2000, Additionally, Judge Ammerman has Ordered that Richard Mountz have primary physical custody of the parties child until the February 17th hearing. I am faxing a copy of the relevant documents and Rule to Show cause issued by Judge Ammerman for your review. Again, I apologize for any inconvenience due to my inability to appear on February 9, 2000. Please consider granting my request for a continuance. Please contact me with any questions or concems. Sincerely, ~>' ',< F.I /J' _, . /"'.' ,. ,/,1_.. -C>,~~~;.~;>'~ William kShaw, Jr. cc. File Joan Carey, Esquire EncL 'I'~_"'''_l, IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYL VANIA (CIVIL DIVISION) RICHARD A, MOUNTZ, Plaintiff v, No, 00 - 97 - CD SELENA L. MOUNTZ Defendant RULE TO SHOW CAUSE NOW, this z!!. day of ~".~, 2000, upon consideration of the attached Petition for Emergency Relief a Rule is hereby issued upon the Defendant to Show Cause why the Petition should not be granted, Rule returnable by hearing thereon the r-r~ay oC~ , 2000, at I C' ,cD A,m" in Courtroom numb~ of the Clearfield County Courthouse, Plaintiff shall have primary physical custody of the parties minor child, Miranda R. Mountz, until further Order of this Court. NOTICE A PETITION OR MOTION HAS BEEN FILED AGAINST YOU IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PETITION BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE MATTER SET FORTH AGAINST YOU, YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND AN ORDER MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR RELIEF REQUESTED BY THE PETITIONER OR MOVANT. YOU MAY LOSE RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOURLA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, I hereby certify this to be a true and attested copy of the original statement filed in this case, COURT ADMINISTRATOR Clearfield County Courthouse Second and Market Street Clearfield, P A 16830 (814) 765-2641, Ext. 50-51 Attest. FEB 0 7 2000 ~.tlL Pr9thenetary BY THE COURT, / C".".-< " "-".u.iwJ",,,, o o IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYL VANIA CIVIL DIVISION RICHARD A, MOUNTZ, Plaintiff v, No. 00 - 97 - CD SELENA L MOUNTZ, Defendant Type Of Pleading: PETITION FOR EMERGENCY RELIEF Filed on Behalf of: PLAINTIFF Counsel for Plaintiff: William A. Shaw, Jr" Esquire I.D, # 78007 Attorney at Law 211 N, Second Street Clearfield, PA 16830 (814) 765-2501 I "ereby certify this to be a true a ,j attested copy o,f the onglnal statement filed in thiS case, Attest. JAN 2 7 2000 t.,'Qfl:.,tlL f'r<.lil '''1 1>I\!l.ry 1 .~,;~.t~,1 G o IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD A, MOUNTZ, Plaintiff v, No, 00 - 97 - CD SELENA L MOUNTZ, Defendant PETITION FOR EMERGENCY RELIEF NOW, comes the Plaintiff, Richard A, Mountz, by and through his attorney, William A, Shaw, Jr., Esquire, and files the forgoing Petition for Emergency Relief, and in support thereof avers as follows: 1. The Plaintiff, Richard A. Mountz, is an individual who resides at P,O, Box 38, Morrisdale, Pennsylvania, 16858; 2, The Defendant, Selena 1. Mountz, is an individual who resides at 698 Old Mill Road, Carlisle, Pennsylvania, 17013; 3, Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint; 4, Plaintiff and Defendant were married on August 8, 1987, in Carlisle, Pennsylvania; 5. On January 27, 2000, Plaintiff filed a Complaint in Divorce and Custody in the above referenced matter. 2 <I -., I c o 6. Plaintiff and Defendant have one minor child, Miranda R. Mountz, DOB June 23, 1988, born to the marriage. 7. The minor child currently resides with Plaintiff. 8, The minor child previously lived with Defendant. 9. While living with Defendant, the minor child was subjected to both physical and mental abuse, 10, Due to the physical and mental abuse caused by Defendant, the minor child has required counseling. 11. The minor child experiences multiple post-traumatic symptoms as a result of the Defendant's abuse, 12. Due to the diagnosis, the minor child's therapist believes it is in the child's best interest to have no contact with Defendant. (Exhibit A). WHEREFORE, Plaintiffrespectfully requests this Honorable Court issue an Order granting Plaintiff primary physical custody of the child, to the exclusion of Defendant until such time as a custody hearing can be scheduled, Respectfully Submitted, .'-j -1 -1 / ,- ,.( . " - William A"Shaw, Jr., Esquire Attorney f~r Plaintiff 3 , ~".' ~- -+ '.-;"; 0> , , , . . VERIFICATION 1, , verify that the statements made in this Complaint/Motion/Petition are true ,and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, S 4904, relating to unsworn falsification to authorities. Date: I . 1 ~/"'/ --- ~/4- ~"~"~. ,. ~'~ .-.........;..:.:i''*'l ~ .... ~ -~O CEN-CLEAR CHILD SEGICES, RR '3' BOX 106. ROUTE 322 WEST PHILIPSBURG PA 16866.3010 INC. . . . January 24, 2000 Dear Mr. Shaw, Please be advised that I have been seeing Miranda Mountz, d.o.b. 06-23-88, for regular therapy sessions since January 7,2000. The referral for therapy was made by Miranda's father, Richard Mountz, who was concerned about the possible repercussions of the physical and emotional abuse which Miranda reportedly endured from her mother, When I first met Miranda she had a black eye, which she indicated she'd received from her mother. . . Miranda has been experiencing multiple post-traumatic symptoms, including: recurrent, distressing recollections of negative treatment by her mother; recurrent, frightening dreams of her mother coming to get her; and intense psychological distress at exposure to situations which are reminiscent of negative interactions with her mother, These reactions have prevented Miranda from functioning normally, particularly in school. Until just last week, she was having daily nightmares and fears of attending school (because she had visions of her mother coming and taking her, which, according to Miranda, has happened in the recent past and was also a recent threat by mother). I believe that it is in Miranda's best interests to have no contact with her mother for the time being, including telephone calls. At this time, she needs to be able to achieve some distance from the abusive relationship in order to heal. It is essential that Miranda be allowed to confront and deal with her relationship with her mother on her own terms, thus ensuring her sense of safety and control. She has indicated that she feels safe with her father and does not wish to speak with, or see, her mother. If you have any questions or if I may be of further service in helping to address and meet Miranda's needs, please do not hesitate to contact me at 342-5845, Sincerely, &;-c Zu0fr-J Kathryn L. Wilford, M,S. Therapist REACHING CHILDREN THROUGH FAMILIES PHONE (814) 342.5678 . FAX (814) 342.2755 ,,' fj, 1/ ~~_"~ ~J ......, , ,,> .......,""',-~ . c " o IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYL VANIA CIVIL DIVISION RICHARD A, MOUNTZ, Plaintiff v, No. 00- Cf1 -CD SELENA L MOUNTZ, Defendant Type Of Pleading: COMPLAINT IN DIVORCE and CUSTODY Filed on Behalf of: PLAINTIFF Counsel for Plaintiff: William A, Shaw, Jr., Esquire LD. # 78007. Attorney at Law 211 N. Second Street Clearfie1d, P A 16830 (814) 765-2501 THERE IS ONE MINOR CHILD BORN TO THIS MARRIAGE: Miranda R. Mountz DOB: June 23, 1988 I hereby certify this to be a tru8 and attested copy of the oflgiflal statement filed inthis case, 1 JAN 2 7 ~OOO Attest. t..JJfJ:..-.flL PrOlhonlltary o . IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD A, MOUNTZ, Plaintiff v, No, 00- -CD SELENA L MOUNTZ, Defendant 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 of Clear field County, Clearfield County Courthouse, Clearfield, Peniisylvania,. 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, COURT ADMINISTRATOR Clearfield County Courthouse 230 East Market Street Clearfield, PA 16830 (814) 765-2641 2 C) o IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYL VANIA CIVIL DIVISION RICHARD A, MOUNTZ, Plaintiff v. No, 00 - -CD SELENA L MOUNTZ, Defendant COMPLAINT NOW, the Plaintiff, Richard A, Mountz, by and through his attorney, William A, Shaw, Jr" Esquire, files the forgoing Complaint in Divorce and in support thereof avers as follows: 1. The Plaintiff, Richard A. Mountz, is an individual who resides at P.O. Box 38, Morrisdale, Pennsylvania, 16858; 2, The Defendant, Selena L. Mountz, is an individual who resides at 698 Old Mill Road, Carlisle, Pennsylvania; 17013; 3, Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint; 4, Plaintiff and Defendant were married on August 8,1987, in Carlisle, . Pennsylvania; 5, There have been no prior actions of divorce or annulment between the parties except for Complaint in Divorce filed in the Court of Common Pleas of Cumberland County filed on September 3,1999, and discontinued on January 21, 2000, at No. 99-5413-Civil Term; 3 . c . 6, 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; COUNT I - DIVORCE PURSUANT TO ~ 3301 (c) and (d) 7, Plaintiff incorporates paragraphs I - 6 herein by reference. 8, The marriage is irretrievably broken, WHEREFORE, PlaintiffrespectfuUy requests this Honorable Court issue a Decree of Divorce in the above captioned matter pursuant to ~ 3301 ( c) (d), COUNT II - DIVORCE PURSUANT TO ~ 3301 (a) 9, Plaintiff incorporates paragraphs I through 8 herein by reference; 10. During the course of the marriage, Plaintiff was subjected to cruel and barbarous treatment by the Defendant and such treatment endangered the life or health of the Plaintiff; . . 11, During the course of the marriage, the Defendant offered such indignities to the Plaintiff as to render the Plaintiff s condition intolerable and life-burdensome; WHEREFORE, PlaintiffrespectfuUy requests this Honorable Court issue a Decree of Divorce in the above captioned matter pursuant to ~ 3301 (a) ofthe Divorce Code, 4 ~~ ~ -~ I ." c 0.'. .. COUNT III - DIVISION OF PROPERTY 12. Plaintiff incorporates paragraphs I - 11 herein by reference, 13, During the course of marriage, Plaintiff and Defendant acquired certain assets considered marital assets within the meaning of the Divorce Code. 14, Plaintiff and Defendant have been unable to agree as to the equitable division of the marital assets as of the date of filing this Complaint COUNT IV - CUSTODY 15. Plaintiff incorporates paragraphs 1 -14 herein by reference, 16, The Plaintiff is Richard S, Mountz, residing at PO Box 38, Morrisdale, PA 16858; 17, The Defendant is Selena L. Mountz, residing at 698 Old Mill Road, Carlisle, P A 17013; 18, The Plaintiff seeks custody of the following child: Name Miranda R, Mountz Present Address PO Box 38 Morrisdale, PA 16858 Age 11 The child was not born out of wedlock. The child is presently in Plaintiffs custody 5 ,,~ 1... ~, c ...... . During the past 5 years the child has resided with the following persons and at the following addresses: Name Plaintiff Address PO Box 38 Morrisdale, PA 16858 Dates F all/ 99 - current Defendant 698 Old Mill Road Carlisle, P A 17013 ? - F all/99 Plaintiff and Defendant 698 Old Mill Road Carlisle, PA 17013 During marriage Defendant is the child's natural mother. Plaintiff is the child's natural father, 19, Plaintiff currently resides with Joan Koontz; 20, Defendant currently resides alone; 21. There have been prior custody actions filed, Plaintiff has no information of a custody proceeding concerning this child pending in a court of this Commonwealth; . Plaintiff does hot know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child; 22, The best interests and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff believes he can more adequately provide for the child's needs, b) Plaintiff believes he can provide a more wholesome, more stable, and overall better family environment for the child, 6 ~-c~ o o , 23, 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 respectfully requests this Honorable Court issue an Order granting Plaintiff primary physical custody of the child, Respectfully Submitted, ? ,,/ /'- / , William h.. Shaw, Jr" Esquire Attomey for Plaintiff 7 _J _,. . o 0, .' , . VERIFICATION I, Richard A. Mountz, 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. 94904, relating to unsworn falsification to authorities, Date: / 1 J(P lod --- / ~~/ /' ~lJ Richard A. Mountz 6 _.. "_.'rl=_ - . , .~ IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA (CIVIL DNISION) RICHARD A. MOUNTZ, Plaintiff v. No, 00 - 97 - CD SELENA L. MOUNTZ Defendant CERTIFICATE OF SERVICE It is hearby certified that a true and correct copy of Plaintiffs Complaint in Divorce and Custody, Petition for Emergency Relief, and Rule to Show Cause were served in the manner indicated upon the following: U.S. Mail/1st ClasslPostage Pre-Paid Selena L. Mountz 698 Old Mill Road Cariise, PA 17013 Joan Carey, Esquire Legal Services, Inc, 8 Irvine Row Cariise, PA 17013 Date: 2J 1.J 00 So Certified, ~ /1 // 07 .. '/v-7:' -.. ...A- ,../, / . ",. .... {,- ' '-'~/'''./'' William A,tSl{aw, Jr., Esquire Attomey at Law 211 North Second Street Clearfield, PA 16830 (814) 765-1910 ~, ~ IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA (CIVIL DIVISION) RICHARD A. MOUNTZ, Plaintiff v. No. 00 - 97 - CD SELENA L MOUNTZ Defendant CERTIFICATE OF SERVICE It is hearby certified that a true and correct copy of Plaintiffs Complaint in Divorce and Custody was served in the manner indicated upon the following: D,S, Certified Mail/Restricted Delivery/Return Receipt Requested Selena 1. Mountz 698 Old Mill Road Carlise, P A 17013 , , ./ Date: J ;3.;..Q.O t. _,/ _._J William A. Shaw, Jr" Esquire For Plaintiff L "a:)!A.l.as ld!90al:::l uJn~al:l 6u!sn JO~ nOA ){ue4J. ;;.. 0- =0 .2$ ID ~ .c- -;1 IDID .~ fij ~.2 0- - 0 -E .~ -3:i::: OID ~0 ~.~ o ~ m '" :g .~ <<;; 0" " " ~ ID ~ U . "' -o"ti ~~ Dl!J: "':C\i . :a SO '0 ";1lI :;! C ~o:; ~ j ~i ..; a ... ;.; ,~ ~ 2 :2g v _~ it ~-g ~ __ ~ lii ~ g ~~ g ~ ~~ .2 -5 ..0<\1 . .. <Ii :s g .E!~ 8'00.&'2 "'~ @ 8 ~~ "<5 ~ i 26 .~ ;; '" g ~ ~ .s ; ~i <t:l e: S S Q .E~ ~ c ~~ (I,l~ ~ 1: <:l".<::: ... c~ Q &!;: 0 ~<I:l"O -; :a.'~ .:..: g.li~ -$ 'C5- ~ :;~~ .s ~t ~ ~ ~~ ~ sa: '0 0: __t::.~", .::!e "0 W2.s5~:E ~.3-g<( o %%g.2~"~'1lI&!:;; i!! Z EEc-O<t:lE"-=(D.i!;.~ w88~~~%.3F=:g~ (f.l 0 a 0 co '" ~ ~~~ E :;,...... ~ ~ 0 0.50 !aDD " " '" ~ o ~~ ~ ~~ ~~ ID ~ ~ o ~~~ ~a E~ :gCl <<~ '" 0- .~ o ID 0: c " <i5 a: .2 ;; . E o " ~ 2 '" 6 ~ ~ ~ ~ ~ ., r-- ,.., CIJ o . " o . ~ " m " '" ~ 0 S C .n N III 0) E ~ ~s..::: :;'1711-~:E~"ai ~O~$~~~ oM"~.:!l~S_ t al en c. OJ) <! ~OO ~ ill & 8 :gOOD r-: M ,.., o r-- ,.., 'Cl N ,'(\ .j.J 0 ~~ " ~~~ '''; :;:: H OJ 'Clri ,'lj"-; trl ;:; 0""-; OJ ri ri ~ '" .'(\ Ul 0 CIJ '" <.C 02/13/00 10:12 FAX . -~ NAME: ~ WILLIAM A. SHAw. JR. ~ '-- 211 NQI\l1 Se=nd Sueel Clearfietd. PA 16830 Phane: (814) 765.1910 Fax: (814)165-4410 E'I:~,nEll PlEASE N TlCE A TELECOPY TRANSMISSION ACCJ.,--;::'IES THIS COVER SHEET _ . ~ Please deliver the fol+ns page($} to: - - How, Of V/,.,)14RO 60lDO a'1P- ::2 A. ~ FROM: FAX NUMBER: J DATE: ~I I ;J.- - Oc.. TOTAL NUMBER Of PAGES BEING TRANSMI SHEET: , INC1..UDING nlls COVER Weare HEWLETT FA FAX NO.: (81 . IF YOU DO NOT ReC~ All OF TH PAGES INDICATED, PUEASE CALL (814) 76$ - 1717 AS SOOItl AS POSSIBLE. ADDITIONAL MESSAGE: 9,.00 eOV' "'(nO. CON TY THE DOCUMENTS ACCOMPANYIN THIS ~MISSION CONTAIN INFORMATlONWHICH IS CONFI ANDIOR LEGALl.Y PRIVILEGED AND IS I~NDED 0 LY FOR THE USE OF THE IN- DMDUAL OR EN'TlTY NAMED ON IS TRANSMISSION SHEET. IF YOU ARE NOT THE INTENDED RE IPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, cOPYIN . DISTRI13UT10N, OR THE TAKING OF ftNY ACTlON IN REUANCE ON 'j'HE CONTl!.NTS OF THIS TELECOPIED INFORMATION IS STRlCn.V PROH!13ITED AND THAT THE DOCUMENTS SHOULD 13E REiURNED TO THIS FlIRM IMMEDIATELY, IN THIS REGARD, IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE NOTIFY US I BY TELEPHONE IMMEDIATELY sq THAT WE CAN ARRANGE FOR THE RETURN OF THE ORIGINAL DOCUMENTS TO US AT NO COST TO YOU. _'0 14i01 .bil!lIi~::" <\ ~iil. ""'""" ~ ~ ,-I" .- -,~': 02/13/00 10:12 FAX I4i 02 william A. Shaw, Jr. Attorney at Law 211 Nd s...-l Stn..t '1 r. II PA l68aO PI-. (al<&) 765-1910 F_ CSl4l 765-4610 E-Ma;l:~ February 13, 2000 Hen. EdwllId Guido I CoUItbouse Square 4th Floor Carlisle, PA 17013 RE: MOUI1tI: v. MOtmlz 1 No. OO-S87-Civil Tenn Dear Judge Guido: Bndosed is a copy of the PrelimiDary Objections to pl,,;n~ft'8 Petition b: Special Rdief I am filiDg in die above referenced matter. As you previously ordm:d, I will ad1 your oflil:le at 9:00 LID. on Monday February 14, 2000, to initiate the phone c:onfe:nmce. Please ~ me with any quesUcms or ClOIICelIIS. Sincerely, ~.h VIA FAX on FeIJruBry 13, 2000 ce. File Joan Carey, Esquire EncI. ,'.......~ ~~. ~ ~J ~ I 1I'I_:w:"",,'_ 02/13/00 10:12 FAX I4i 03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA (CML DIVISION) SELENA MOUNTZ Plaintiff v. No. 00-581-Civil Term. RlCHAlID MOUNTZ Defendant Custody Type ofPleadil1g: pp.llminuy Objections to PJalB.tlfI's Petition for Speelal Relief. Filed on Behalf of: . DeleBdaut Counsel ofRel;ord for Defen"""!- William A. Shaw,lr. lD.# 18001 Attorney at Law 211 North Second Street Clearfield, PA 16830 (814) 165-1910 1 fll~' " , -"- . , -I. "-."".." 02/13/00 10:12 FAX 14i04 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (CIVIL DIVJSION) SELENA MOUNTZ pI"intiff v. No. ()()"587-Civil Term RICHARD MOUNTZ Defendant Custody PRELIMINARY OBJECTIONS TO l>LAIN'hFFSPETlTION FOR SPECIAL JllU .TR);, NOW, comes the Defendant, Rkbard Moun1z, by and Ibmughhis attorney, WilliamA. Shaw, Jr., Esquire, and in support of the forgoing PIeHmin"'Y Objections., avem as follows: I. The Plaintiff if Selena Moun1z, residing at 968 Old Mill Road, Carlisle, Cumberland County, PA 17013. 2, The Defendant is Ric1w:d Mountz, mliding at PO Box 38, MDIrisdale, Clcarficld . County, PA 16858. 3. The p8I1ies separated in August 1999, 4. In September of 1999 Defendant moved to Clearfield County. S. Tbe parties have one minor child, Miranda Moun1z, age II 6, In January 2000, Miranda Moun1z was delivered to Defendant's home after being physically abused by Plaintiff. 7. After seeing evidence of physical abuse, Defendant im......diately wok Miranda to seek appropriate counseling, 2 ~ ~. - ~- 0,1 .-;;,-1 02/13/00 10:12 FAX 14i05 8, Miranda has been diagttn!led with multiple post-trawnatic symptoms as a result of the physical abuse (:All......! by Plaintiff. (AtPr.hmP.nt A), 9. Air. a result of cotmSeling ,-~inn$, Minmda's therapist has n=comm....,w lhat Miranda have no contact with Plaintiff, inclw:li.ngtelephone calls. (Attachment A). 10. On January 27, 2000, Def....tl"nt filed a Complaint ill Divorce and CUstody 111 docket number 00-97-CD, in the Court of Common Pleas of Cleartield County. 8. On January 27, 2000, Defendant filed a Petition for Emergency Relief1ll docket numberOO-97-CD, in the Court of Common Pleas ofClearfield County, 9. Defendant filed the Petition for Emergency Relief as a result of dB: report and recommendations of Miranda's therapist. (A-rhment A). 10. On February 7, 2000, 1he HODDnble Pn:dric Ammerman issued a Rule fa Show Cause upon the Plaintiff and schecluled a hearing on Defendant's Petition for Special Relief for February 17, 2000, giving custody of Miranda to Defendant until the February 17th hearing. II. The Complaint in Divorce and Custody, as well as the Petition for Special Relief and Rule to Show Ca\lSel were properly severed upon Plaintiff. 12, All documents filed in Clear:lield County were served upon p1l'intiffs Counsel once it became known that PJaintifi'bad secured collDllCl in Cumberland County. 13, OnFebroary 1,2000, PJaintifffiled a Petition for Special ReliefinCumbcrland County, 14. In Plaintiffs Petition foc Special Relief it is alleged that a Complaint. in Custody was filed in Cumberland County. (See Paragraph 4 of PJaintiffPetition for Special Relief). 3 "I'~~-" ,....."..... ~- ~ .,'~. '"","': 02/13/00 10:12 FAX 14i06 IS. Defendant concedes that be was properly served by certified mail with Plaiatift's Petition for Special Relief. 16. Defendant has never been served with Plaintifl's Complaint in Custody. 17. In this Commonwealth, commencement of custody actions is governed by the following statute: R111e 1915.3 Comm""~\lDt of Action. Complaint. Order. (a) Except as provided by subdivisioa (c), an action shall be .......m.........-.! bv filinl!: ll. verified COlDDlaint substantially in the form provided by Rule 1915.15(a). 42 PA. CONS. STAT. ANN. Rule 1915,3 (Supp. 1999) (emphasis added); Pennsylvania Rules of Civil ProcedW'e, 18. In this Commonwealth, a request for special relief is govemed by the following statute: Rule 1915,13 Special Relief At any time after commencement of the action. the Cowt may on applic:a1iOD or its own motion glUt appropriate interim or special relief. . . . 42 PA.CONS. STAT. ANN. Rule 1915,13 (Supp. 1999) (emph"";$ added); PennsylVlllliaRules of Civil ProcedW'e. 19, Prior to s_wng Special Relief an actioo for custody must be corn..-....ecj 20. Plaintiff has failed to properly commence an action for custody lUId thi6 Honorable Court should decline to gnmt special relief, 21. l)P.fenrlant 1i1ed the Complaint in Custody in Clearfield County befure Plaintiff. 4 ,.."'.............. ,~ ~, _~ '-'-"""0"> 14i07 ~""'" 02/13/00 10:12 FAX 22. Pursuant to the Rules of Civil Procedure, once Defendant's CompIaiDt was filed in Clearfield County, Plaintiff should file an answer, new matter, or counter claim. 42 P A. CoNS. STAT. ANN. Rule 1017 (Supp. 1999); Pennsylvania Rules of Civil Procedure. 23. Pursuant to the Rules of Civil Procedure, if Plaintiff objects 10 the CDurt'S jurisdiction in Clear:field County, Plaintiff should file the apptop.;ate prelimin"ry objections. 42 PA. CoNS. STAT. ANN Rule 1028 (Supp. 1999); Pennsylvania Rules ofCivill\o.....d.ue, 24, Defendant filed a Complaint in Custody on January 27, 2000, and any lIUbsequent Complaint filed by Plaintiff is res judicala. 25. Defendant filed a Complaint in Olstody on JanUlll)' 27, 2000, and Plaintiff is collaterally estopped from raising the same issues by filing a separate complaint in a different county. WHEREFORE, Defendant respectfully requests that this Honorable Court issue an Order denying Plaintiff's Petition for Special Relief. Res~trully Submitted, ~- Attomey For Defendant 5 '"' - I~ - '~-"',,-,-, 02/13/00 10:12 FAX 14i08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y. PENNSYLVANIA (CIVIL DMSION) SELENA MOUNTZ Plaintiff v. No. oo.587-Civil Term RICHARD MOUNTZ Der..nilAnt Custody CERTIFICATE OF li:ERVICE It is bearby l:ertific:d that a true and correct copy of Defendant's PreliminA'Y Objections to Plaintiffs Petition for Special Relief were served in the manner indicated upon the following: U.S. Mail/lst C\as.slPostage Pre-Paid VIA FAX Joan Carey, Esquire Legal Services, Inc. g Irvine Row Carlisle,PA 17013 HOlImab1e Edward Guido 1 Courthouse Square 4th Floor Carlisle, PAl 7013 Date: JJIiJ 0() So Certified, ~J"'_ Attorney at Law 211 North Second Street Clearfield, PA 16830 (814) 765-1910 6 i'''' .. ~ ~._" -1,- "'""",' ' _,,&," 02/13/00 10:12 FAX C I4i 09 = - CEN-CLEAR CHILD ~ MCES, INC. RR 3 BOX 106. ROUTE 322 WEST PHILlP5BURG P,( 1686&.3010 January 24, 2000 Dear Mr. Shaw, Please be advised that I have been seeing Miranda Mountz, d.o.b. 06-23-88, for regular therapy sessions since January 7, 2000. The referral for therapy was made by Miranda's father, Richard Mountz, who was concerned about the possible repercussions of the physical and emotional abuse which Miranda reportedly endured from her mother. When I first met Miranda she had a black eye. which she indicated she'd received from her mother. Miranda has been experiencing multiple post-traumatic symptoms, induding: recurrent, distressing recollections of negative treatment by her mother. recurrent, frightening dreams of her mother coming to get her; and intense psychological distress at exposure to situations which are reminiscent of negative interactions with her mother. These reactions have prevented Miranda from functioning normally, particularly in school. Until just last week, she was having . daily nightmares and fears of attending schoor(because she had visions of her mother coming and taking her, which, according to Miranda, has happened in the recent past and was also a recent threat by mother). I believe that it is in Miranda's best interests to have no contact with her mother for the time being, including telephone calls. At this time, she needs to be able to achieve some distance from the abusive relationship in order to heal. It is essential that Miranda be allowed to confront and deal with her relationship with her mother on her own terms, thus ensuring her sense of safety and control. She has indicated that she feels safe with her father and does not wish to speak with, or see, her mother, If you have any questions or if I may be of further service in helping to address and meet Miranda's needs, please do not hesitate to contact me at 342-5845. Sincerely, ..UW+J Kathryn L. Wilford, M.S. Therapist IH1~C.H~EIJT ",,1 REACHING CHILDREN THROUGH FAMILIES PHONE (8141 342-5878 . FAX (814) 342-2755 - ~ I: ~';;.~-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA (CIVIL DIVISION) SELENA MOUNTZ Plaintiff v. No, 00-587-Civil Term RlCHARD MOUNTZ Defendant Custody Type of Pleading: Preliminary Objections to Plaintiffs Petition for Special Relief. Filed on Behalf of: Defendant Counsel of Record for Defendant: William A. Shaw, Jr. LD.# 78007 Attomey at Law 211 North Second Street Clearfield, P A 16830 (814) 765-1910 1 , l<I_~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (CIVIL DIVISION) SELENA MOUNTZ Plaintiff v, No, 00-587-Civil Term RICHARD MOUNTZ Defendant Custody PRELIMINARY OBJECTIONS TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF NOW, comes the Defendant, Richard Mountz, by and through his attorney, William A. Shaw, Jr" Esquire, and in support of the forgoing Preliminary Objections, avers as follows: I. The Plaintiff if Selena Mountz, residing at 968 Old Mill Road, Carlisle, Cumberland County, PA 17013. 2, The Defendant is Richard Mountz, residing at PO Box 38, Morrisdale, Clearfield County, PA 16858, 3, The parties separated in August 1999. 4, In September of 1999 Defendant moved to Clearfield County. 5. The parties have one minor child, Miranda Mountz, age 11 6. In January 2000, Miranda Mountz was delivered to Defendant's home after being physically abused by Plaintiff, 7. After seeing evidence of physical abuse, Defendant immediately took Miranda to seek appropriate counseling. 2 """,,~,,^j 8, Miranda has been diagnosed with multiple post-traumatic symptoms as a result of the physical abuse caused by Plaintiff, (Attachment A). 9, As a result of counseling sessions, Miranda's therapist has recommended that Miranda have no contact with Plaintiff, including telephone calls, (Attachment A), 10, On January 27, 2000, Defendant filed a Complaint in Divorce and Custody to docket number 00-97-CD, in the Court of Common Pleas of Clear field County. 8. On January 27, 2000, Defendant filed a Petition for Emergency Relief to docket number 00-97-CD, in the Court of Common Pleas ofClearfield County. 9. Defendant filed the Petition for Emergency Relief as a result of the report and recommendations of Miranda's therapist. (Attachment A), 10. On February 7, 2000, the Honorable Fredric Ammerman issued a Rule to Show Cause upon the Plaintiff and scheduled a hearing on Defendant's Petition for Special Relief for February 17,2000, giving custody of Miranda to Defendant until the February 17th hearing. 11, The Complaint in Divorce and Custody, as well as the Petition for Special Relief and Rule to Show Cause were properly severed upon Plaintiff, 12. All documents filed in Clearfield County were served upon Plaintiff's Counsel once it became known that Plaintiff had secured counsel in Cumberland County, 13. On February 1,2000, Plaintiff filed a Petition for Special Relief in Cumberland County, 14, In Plaintiffs Petition for Special Relief it is alleged that a Complaint in Custody was filed in Cumberland County. (See Paragraph 4 of Plaintiff Petition for Special Relief), 3 , """"OM:" 15. Defendant concedes that he was properly served by certified mail with Plaintiffs Petition for Special Relief, 16. Defendant has never been served with Plaintiffs Complaint in Custody. 17. In this Commonwealth, commencement of custody actions is governed by the following statute: Rule 1915.3 Commencement of Action. Complaint. Order. (a) Except as provided by subdivision (c), an action shall be commenced by filing a verified complaint substantially in the form provided by Rule 1915.l5(a). 42 PA. CONS. STAT. ANN. Rule 1915,3 (Supp. 1999) (emphasis added); Pennsylvania Rilles of Civil Procedure. 18. In this Commonwealth, a request for special relief is governed by the following statute: Rule 1915.13 Special Relief At any time after commencement of the action, the Court may on application or its own motion grant appropriate interim or special relief. , , , 42 PA, CONS. STAT. ANN. Rule 1915.13 (Supp. 1999) (emphasis added); Pennsylvania Rules of Civil Procedure. 19. Prior to seeking Special Relief an action for custody must be commenced, 20. Plaintiff has failed to properly commence an action for custody and this Honorable Court should decline to grant special relief. 21, Defendant filed the Complaint in Custody in Clearfield County before Plaintiff. 4 L- jm~\....L"",' 22. Pursuant to the Rules of Civil Procedure, once Defendant's Complaint was filed in Clearfield County, Plaintiff should file an answer, new matter, or counter claim. 42 P A, CONS. STAT. ANN, Rule 1017 (Supp. 1999); Pennsylvania Rules of Civil Procedure. 23. Pursuant to the Rules of Civil Procedure, if Plaintiff objects to the Court's jurisdiction in Clearfield County, Plaintiff should file the appropriate preliminary objections. 42 PA, CONS. STAT, ANN Rule 1028 (Supp, 1999); Pennsylvania Rules of Civil Procedure. 24, Defendant filed a Complaint in Custody on January 27, 2000, and any subsequent Complaint filed by Plaintiff is res judicata. 25. Defendant filed a Complaint in Custody on January 27, 2000, and Plaintiff is collaterally estopped from raising the same issues by filing a separate complaint in a different county, WHEREFORE, Defendant respectfully requests that this Honorable Court issue an Order denying Plaintiffs Petition for Special Relief, Respectfully Submitted, Wi~~qWre Attomey For Defendant 5 I .'''''~-", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA (CIVIL DIVISION) SELENA MOUNTZ Plaintiff v. No. 00-587-Civil Term RICHARD MOUNTZ Defendant Custody CERTIFICATE OF SERVICE It is hearby certified that a true and correct copy of Defendant's Preliminary Objections to Plaintiffs Petition for Special Relief were served in the manner indicated upon the following: U,S, Mail/1st Class/Postage Pre-Paid VIA FAX Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 Honorable Edward Guido I Courthouse Square 4th Floor Carlisle, PA 17013 Date: 2J 1lJ 00 So Certified, ~J" F.>qwre Attomey at Law 211 North Second Street Clearfield, PA 16830 (814) 765-1910 6 I il!,-,';',! ~~~ijlii ~ hc;'s ~~ CEN-CLEAR CHILD S. MCES, INC. RR 3 BOX 106. ROUTE 322 WEST PHILlPSBURG PA 16866.3010 January 24, 2000 Dear Mr. Shaw, Please be advised that I have been seeing Miranda Mountz, d.o,b, 06-23-88, for regular therapy sessions since January 7,2000. The referral for therapy was made by Miranda's father, Richard Mountz, who was concerned about the possible repercussions of the physical and emotional abuse which Miranda reportedly endured from her mother. When I first met Miranda she had a black eye, which she indicated she'd received from her mother. Miranda has been experiencing multiple post-traumatic symptoms, including: recurrent, distressing recollections of negative treatment by her mother; recurrent, frightening dreams of her mother coming to get her; and intense psychological distress at exposure to situations which are reminiscent of negative interactions with her mother, These reactions have prevented Miranda from functioning normally, particularly in school. Until just last week, she was having daily nightmares and fears of attending schoor (because she had visions of her mother coming and taking her, which, according to Miranda, has happened in the recent past and was also a recent threat by mother). I believe that it is in Miranda's best interests to have no contact with her mother for the time being, including telephone calls. At this time, she needs to be able to achieve some distance from the abusive relationship in order to heal. It is essential that Miranda be allowed to confront and deal with her relationship with her mother on her own terms, thus ensuring her sense of safety and control. She has indicated that she feels safe with her father and does not wish to speak with, or see, her mother. If you have any questions or if I may be of further service in helping to address and meet Miranda's needs, please do not hesitate to contact me at 342-5845. Sincerely, l:~ ZdtH Kathryn L Wilford, M,S. Therapist A tt ,:\cN MflJT 'A ~ REACHING CHilDREN THROUGH FAMILIES PHONE (814) 342-5678 . FAX (814) 342-2755 >- ~ I....::: L1_!C~ (".:..,. iJ.':: ~':--'; ;~) ~-'. r\. u~,-, E~,~,~ ,.... LT_ Ci tn c" 07 ~ 8~ ::;: ~._j . (-0 : _!-;:;:,~ gtE =3 o n: u::> CD I.!.i l,- CJ CJ --'"1" WILLIAM A. SHAW, JR. ATTORNEY AT LAW 211 NORTH seeONO STREET ClEARFIElO, PA 16830 ''"' c-",,__,_,,_ .,;~,," ,"-,",",'''''',"'''''~' ,.." """"'",;"~" ' - ... '--''''~''''''''''-'~''''-H'''- .~ a:: l:i:i ~ ~o .. ~ F- ("') 3;<"'~ .c::c: .JQ...... :Ct-~<( V')<:rlQ.. <~V)9 Z:J:11I ~. ~ ~ u: <(I:o~ :::i-<(z~ -' ~U ~ N ~j , I =- ' " --,,' '!"'IiH SELENA MOUNTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, RICHARD A. MOUNTZ : NO, 2000-0587 CIVIL TERM ORDER OF COURT AND NOW, this I~.("r\ day of FEBRUARY, 2000, it appearing to the Court that a custody action concerning this child is pending in Clearfield County, Pennsylvania before the Honorable Frederic J, Ammerman, it is ordered and directed that these proceedings be stayed pending further order by Judge Ammerman, A hearing is scheduled before the Honorable Frederic 1. Ammerman on February 17,2000, :sld Edward E, Guido, 1. ~.~ J.-/6-00 ~kJJ1AL5 Joan Carey, Esquire For the Plaintiff William A. Shaw, Jr., Esquire For the Defendant , _\iJ\I\K1 nc' F.:> \ C, \0 I,'! L,: fir, ..._.J . ,-,) V' i I' -- ..., C' I'." " ,'.,~ ,. '"Ii. i ",,_,,;,,;.,,'_\"",; ,'.'.j'!'; i \"i \;v'IL\.1 v ,..",~, ~ "'........-' . PEN\\S'{LViI,N\{\ . ,.- !""'~' ",-,' ","- ,~.~~~, ~" .-. \r,- SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 00- 587 CIVIL TERM RICHARD A, MOUNTZ, Defendant : CUSTODY ORDER OF COURT AND NOW, this _ day of February, 2000, upon consideration ofthe Petition for Special Relief, IT IS HEREBY ORDERED that jurisdiction for purposes of custody of MIRANDA RENEE MOUNTZ shall remain in Cumberland County, By the Court, Edward E. Guido, Judge, Joan Carey, Attorney for the plaintiff William A, Shaw, Jr, Attorney for the defendant ,'-',---,,", "" SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 00- 587 CIVIL TERM RICHARD A. MOUNTZ, Defendant : CUSTODY PETITION FOR SPECIAL RELIEF The petitioner, by and through her attorney, Joan Carey, Legal Services, Inc., represents the following: 1. The plaintiff, Selena Mountz, hereinafter referred to as the mother, resides at 968 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013, 2, The defendant is Richard A, Mountz, hereinafter referred to as the father. The defendant's residence is unknown to the mother, but, to the best of her knowledge, his address is P,O, Box 38, Morrisdale, Clearfield County, Pennsylvania 16858. 3, The parties are the parents of Miranda Renee Mountz, whose date of birth is 6/23/88, 4. A Complaint for Custody and Petition for Special Reliefwere filed in this court in the above captioned matter on February 1, 2000; a hearing has been scheduled in Cumberland County for February 9, 2000, to determine temporary custody and a custody conciliation conference is being scheduled, 5. After the filing of the Custody Complaint and Petition for Special Relief, the mother received a copy of a Complaint in Divorce and Custody filed in Clearfield County on behalf of the father. "-." L....=^';- 9. The mother avers that Cumberland County has jurisdiction in this matter since the minor child has resided with the mother, in Cumberland County, since her birth until January 5, 2000, when the father absconded with the child to Clearfield County without the mother's consent, and has had her with him in Clearfield County for only the last month, against the wishes ofthe mother. WHEREFORE, the plaintiff requests that this court enter an Order directing that jurisdiction remain in Cumberland County, The plaintiff also requests any other relief that is just and proper. Respectfully submitted, ~y Attorney for Plaintiff LEGAL SERVICES, mc, 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 , VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge, I understand that any false statements are made subject to the penalties of 18 Pa,C,S, ~4904, relating to unsworn falsification to authorities, Dated~I()~ 100 -- .. .L..<:.....,...~.........~.~lt '" ~ 11 . o ~;.:; ......l;:~t ~~:f /,71". (.'''2 ,:;~. """'~ _.C. ~~": >.c: :2; =< Ci- -c:) -;1 Pi CO 'V: c.:- (....) ':"'-"1 --I ~ - I , -~~...,-< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA (CIVIL DIVISION) SELENA MOUNTZ Plaintiff v. No, 00-587-Civil Term RICHARD MOUNTZ Defendant Custody Type of Pleading: Preliminary Objections to Plaintiffs Petition for Special Relief. Filed on Behalf of: Defendant Counsel of Record for Defendant: William A. Shaw, Jr. I.D,# 78007 Attorney at Law 211 North Second Street Clearfield, PA 16830 (814) 765-1910 I ~ ,'- ,....._""""-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (CIVIL DIVISION) SELENA MOUNTZ Plaintiff v, No, 00-587-Civil Term RICHARD MOUNTZ Defendant Custody . PRELIMINARY OBJECTIONS TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF NOW, comes the Defendant, Richard Mountz, by and through his attomey, William A. Shaw, Jr., Esquire, and in support of the forgoing Preliminary Objections, avers as follows: I, The Plaintiff if Selena Mountz, residing at 968 Old Mill Road, Carlisle, Cumberland County, PA 17013, 2, The Defendant is Richard Mountz, residing at PO Box 38, Morrisdale, Clearfield County, PA 16858, 3. The parties separated in August 1999, 4, In September of 1999 Defendant moved to Clearfie1d County, 5. The parties have one minor child, Miranda Mountz, age 11 6. In January 2000, Miranda Mountz was delivered to Defendant's home after being physically abused by Plaintiff, 7, After seeing evidence of physical abuse, Defendant immediately took Miranda to seek appropriate counseling. 2 I" I~ ,...~W< IS, Defendant concedes that he was properly served by certified mail with Plaintiff's Petition for Special Relief. 16. Defendant has never been served with Plaintiff's Complaint in Custody. 17, In this Commonwealth, commencement of custody actions is governed by the following statute: Rule 1915.3 Commencement of Action. Complaint. Order. (a) Except as provided by subdivision (c), an action shall be commenced by filing a verified comolaint substantially in the form provided by Rule 1915.1S(a), 42 PA. CONS, STAT, ANN, Rule 1915.3 (Supp, 1999) (emphasis added); Pennsylvania Rules of Civil Procedure, 18, In this Commonwealth, a request for special relief is governed by the following statute: Rule 1915,13 Special Relief At any time after commencement of the action, the Court may on application or its own motion grant appropriate interim or special relief, , , , 42 PA, CONS. STAT. ANN. Rule 1915,13 (Supp, 1999) (emphasis added); Pennsylvania Rules of Civil Procedure, 19. Prior to seeking Special Relief an action for custody must be commenced. 20, Plaintiff has failed to properly commence an action for custody and this Honorable Court should decline to grant special relief. 21, Defendant filed the Complaint in Custody in Clearfield County before Plaintiff, 4 I I -,~: 22. Pursuant to the Rules of Civil Procedure, once Defendant's Complaint was filed in Cleatfield County, Plaintiff should file an answer, new matter, or counter claim, 42 P A, CONS. STAT, ANN, Rule 1017 (Supp, 1999); Peunsylvania Rules of Civil Procedure. 23, Pursuant to the Rules of Civil Procedure, if Plaintiff objects to the Court's jurisdiction in Clearfield County, Plaintiff should file the appropriate preliminary objections, 42 PA. CONS. STAT. ANN Rule 1028 (Supp, 1999); Peunsylvania Rules of Civil Procedure. 24. Defendant filed a Complaint in Custody on January 27, 2000, and any subsequent Complaint filed by Plaintiff is res judicata. 25. Defendant filed a Complaint in Custody on January 27,2000, and Plaintiff is collaterally estopped from raising the same issues by filing a separate complaint in a different county, WHEREFORE, Defendant respectfully requests that this Honorable Court issue an Order denying Plaintiff's Petition for Special Relief, Respectfully Submitted, ~ William A. S' :w, Jr., Esquire Attorney For Defendant 5 , I, ~ -I ll-~_,," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (CIVIL DIVISION) SELENA MOUNTZ Plaintiff v, No. 00-587-Civil Term RICHARD MOUNTZ Defendant Custody CERTIFICATE OF SERVICE It is hearby certified that a true and correct copy of Defendant's Preliminary Objections to Plaintiffs Petition for Special Relief were served in the manner indicated upon the following: D,S, Mailllst Class/Postage Pre-Paid VIA FAX Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 Honorable Edward Guido 1 Courthouse Square 4th Floor Carlisle, P A 17013 So Certified, Date: JJ IiI 00 William A. haw, Jr" Esquire Attomey at Law 211 North Second Street Clearfield, PA 16830 (814) 765-1910 6 ., '''''''''''""iow. CEN.CLEAR CHILD ~ N1CES, INC. RR 3 BOX 106. ROUTE 322 WEST PHILlPSBURG PA 16866.3010 . . January 24, 2000 Dear Mr. Shaw, Please be advised that I have been seeing Miranda Mountz, d.o.b, 06-23-88, for regular therapy sessions since January 7, 2000. The referral for therapy was made by Miranda's father, Richard Mountz, who was concerned about the possible repercussions of the physical and emotional abuse which Miranda reportedly endured from her mother. When I first met Miranda she had a black eye, which she indicated she'd received from her mother. Miranda has been experiencing multiple post-traumatic symptoms, including: recurrent, distressing recollections of negative treatment by her mother; recurrent, frightening dreams of her mother coming to get her; and intense psychological distress at exposure to situations which are reminiscent of negative interactions with her mother. These reactions have prevented Miranda from functioning normally, particularly in school. Until just last week, she was having daily nightmares and fears of attending school (because she had visions of her mother coming and taking her, which, according to Miranda, has happened in the recent past and was also a recent threat by mother). I believe that it is in Miranda's best interests to have no contact with her mother for the time being, including telephone calls. At this time, she needs to be able to achieve some distance from the abusive relationship in order to heal. It is essential that Miranda be allowed to confront and deal with her relationship with her mother on her own terms, thus ensuring her sense of safety and control. She has indicated that she feels safe with her father and does not wish to speak with, or see, her mother. If you have any questions or if I may be of further service in helping to address and meet Miranda's needs, please do not hesitate to contact me at 342-5845, Sincerely, //. '/;( ;} /AZr;- Z(;~.H>-..j' Kathryn L. Wilford, M,S. Therapist A tfl~cH M~IJT 'i:'\" REACHING CHilDREN THROUGH FAMILIES PHONE (814) 342-5678 . FAX (814) 342.2755 , . ~ -'~ J_ -"~-~ r FED 17 2000 fd . . William A. Shaw, Jr. AUomey at Law 211 North Second Street Clearfield, PA 16830 Phone, (814) 765.1910 Fax, (814) 765.4410 E-Mail: attyshaw@cleamet.net February 13, 2000 Hon. Edward Guido I Courthouse Square 4th Floor Carlisle, P A 170 I3 RE: Mountz v, Mountz 1 No, 00-587-Civil Term Dear Judge Guido: Enclosed is a copy of the Preliminary Objections to Plaintiff's Petition for Special Relief! am filing in the above referenced matter. As you previously ordered, 1 will call your office at 9:00 a,m, on Monday February 14, 2000, to initiate the phone conference. Please contact me with any questions or concems. Sincerely, / /14/ td/!;/ Willi~aw, Jr. VIA FAX on February 13, 2000 cc, File Joan Carey, Esquire Enc!. ., fie" rYJ: V~49t /fPlJh~A/, FEB Z,S,2000 ~ IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD A. MOUNTZ VS, NO, 00- 97 -CD SELENA L. MOUNTZ ~ ... 0'1'088 O-BETUilN ~ . I F11 ----~~ TEMPORARY ORDER NOW, this 17th day of February, 2000, following the taking of testimony on the Petition for Emergency Relief filed on behalf of the Plaintiff, with the Court noting that the Plaintiff is present and represented by counsel of record, that the Defendant has not appeared but she is represented by Attorney Stephen Fleming of Keystone Legal Services, it is the TEMPORARY ORDER of this Court as follows: 1, The Court being satisfied from credible evidence presented that there is a likelihood the Juvenile in question, Miranda R, Mountz (d,o,b, 6/23/88), has been subject to neglect and/or physical abuse on the part of her mother, Defendant herein, it is the determination of the Court of Common Pleas of Clearfield County that appropriate venue for the custody action is in Clearfield County~ The Court will cause the Court of Common Pleas of Cumberland County to be notified of the same relative the custody action filed in that county by mother; 2. Legal and physical custody of the Juvenile is hereby i-"- provided to the Juvenile's father, Richard A. Mountz; 3. The father shall cause copies of all appropriate report cards and other school, medical, psychiatric and treatment/counseling information as to the child to be provided to mother or her attorney; 4. The mother shall have no contact with the Juvenile except through therapeutic telephone calls to take place between the child and the mo~her during the child's therapy sessions with Kathryn Wilford of Cen-Clear Child Services. Mother's attorney shall cause mother to contact Ms, Wilford in order to arrange and coordinate the same; 5. Mother shall cause herself within no more than forty-five (45) days to undergo a drug and alcohol evaluation at an appropriate service provider or mental health provider in her county of residence, She shall cause a copy of the evaluation, including any and all recommendations for treatment, counseling or otherwise, to be provided to her attorney who will then provide a copy of the same to the Court and to the attorney for the father. Upon the Court's receipt of the evaluation, the Court may issue subsequent order requiring Mother to undergo any recommended treatment and/or counseling; 6. Effective immediately the natural mother shall refrain from the use or possession of alcoholic beverages and II shall not enter any establishment where alcohol is sold or jl provided; I' Ii ii 7. Effective immediately neither party shall, nor shall they allow anyone else to, smoke any tobacco products in the presence of the child. The presence of the child shall be defined as anywhere within any residence that the child is residing or located, or within any automobile in which the child is being transported. BY THE COURT, I:J.ge I hereby certily lhis 'iC ~,' z. li., a'1d atte"led CODY oj (:12 ar'o: ." Slaiemenlli!ed in f ," .,,,' fEB232000 , Attest {Jfl;..-;fJl- prolnollolary 1 .. .-1<. ' i,-""".I '.1 '" w...J.......;~) ! :..;J~~L;::.J _,,~- ;ill.J' , I,' ;..t.--: ...1 o '-j.i.'. .;oJ. I!. (.). '(4" Q' fi"t'o-. bo,o'z..;! llJ::'1'O 1-'- P' .1oj(jV~,.::l, ro .... ..'..::'1 ,rt. . '...' n rt, ;:T.J:I: '000"< 0 :f"C .,.~::'1, .rotiO,~ 0 '. '>&Hi o.loj ., ti,...llJ '..ftj Oono; ro.~J:''''' r" '::'1UlSllJro '::'1 ,ro' o;r' 00, ,. Cllt'1 , ,,<, Ul,1oj 0'0.. r',Q ,. r' 1-'. :<: ~g~>~ '~.'.... ::s Ioj '0. t; 0,;,. I-'.ro. 1-" . llJ q,!;), . rf ~, 1-',., '0... " .r-, i .... : . ::::;;.' .,..!!" ~'-' ,-----:::-; "~" .' .~ -:::- -:, :;: " -:-. '...... - ;... - ::!':'" .- - ,a:: t: '... , .;,." ... -.. _. :- . .. :Z: :' 's::. . ;;.....' "" ~ o -~'. w I 'w .W Co -,,-'...j ,.;Ji,1 I, ,_ ~ - Co :.",,:,,' di,''';.lli'' . 'I: .....~~ ,'i..'" q. .... .>,j ~. ~ i2 .~:. tl >-j .tJ '" O. ;<I,. Cl ; ~' ~ : .1; ~ >-j.~. '" II: tJ . ~.~ ~.' @.,.' ~ z .... tn,- () ~ ~H> ~,. ~..'..~ t' '" ~ ..~.~ ; ~ ~~; .00 n Z ~- ~-, ~_;:;"L~' "'~~\'r ' -.. .~;: - 'p,:;' '9'."( ,,), ,t, :'010' "_, .':~~,~!$". "'7...,..h ',({'E, .,.VI~'l:,',1 ~6,-. ,~ 0' 1TlE' "I \.(i~I'.~,~i!i1I. >:I.. '~,:"~/,' . v<.>J. 6" '1\ "ml'~(I) d!.:l-.:.:-,--,."_~,,., ~'" .~)ll "il,:_~' iIlt! III I!'~ Ii_~ ~ ~~- " --'---.-.-....."""""'..,...,. ,. ," .~ .' ".. "m'_'" ,_.*~,,"- '-" ,"'" ]', _', '~~, ,'-"", C',,' '" or-, ce" ' ,I ,;I"", MAR - 7 2000\ ,s;::s. '\' SELENA MOUNTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICHARD A. MOUNTZ, Defendant NO. 00-587 CIVIL IN CUSTODY COURT ORDER ...,c, AND NOW, this ') day of March, 2000, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, C#l Hubert X. Gilroy, Es Custody Conciliator - , "." -/","- ," .....1'".. ~". "' - -,. ",~ . 'I 0 Q 0 \::: C) - q ~:-'-.:J ',", ::;g I ., t~ \..D . , () -" =-;'.-J () ., , ,'-q .- I .:.=:f ::.''':; -, -< ~