HomeMy WebLinkAbout00-07179
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
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DONNA MOUl'lTZ,
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plaintiff
No. 00-7179 CIVIL TERM
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VERSUS
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RANDALL C. MOUl'lTZ,
IN DIVORCE
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Defendant
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DECREE IN
DIVORCE
NOw,Qc:ti~ z,q
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;t{(~C(o
,U O~T IS ORDERED AND
AND
DECREED THAT
OONNA MOUl'lTZ
, PLAINTIFF,
.
RANDALL C. MOUl'lTZ
AND
, DEFENDANT,
.
. ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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NONE. The terms of the Marriage Settlement Agreement dated August 12, 2002
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are hereby incorporated, but not merged, into this Decree in Divorce.
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. J.
PROTHONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
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THIS AGREEMENT made this R day of ~ 2002, by and between
DONNA M. MOUNTZ, (hereinafter referred to as "WIFEUd RANDALL C. MOUNTZ,
(hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on April 7, 1970, in
Hagerstown, Maryland, and were separated on October 17, 2000. The parties hereto agree and
covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
confonns to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale Of exchange of assets.
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3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively;
(1) is represented by counsel of his or her own choosing;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
2
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5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401 (e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
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7.
REAL ESTATE: WIFE agrees to sign all her right, title and interest in the
marital residence situated at 262 Mt. Zion Road, Carlisle, Pennsylvania to HUSBAND.
upon refinance. The HUSBAND agrees to pay WIFE the sum of Thirty Thousand and
no/IOO ($30,000.00) Dollars and refmance the mortgage into his own name with M &
T Bank within forty-five (45) days of the date of this Agreement. HUSBAND will
also pay WIFE Two Hundred Fifty and no/lOO ($250.00) Dollars per month for
twenty (20) months commencing October 1, 2002 and continuing on the first
day of each month until he has paid Five Thousand and no/lOO ($5,000.00)
Dollars without interest.
8.
SUPPORT: HUSBAND will not provide spousal support to WIFE until the fmal
divorce. Following the entry of the Divorce Decree, neither party will pay alimony to
the other.
9.
PERSONAL PROPERTY: The parties agree that the personal property shall be
divided as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession;
b. His bank accounts;
c. Any Life Insurance Policy; and
d. Any retirement account and employee benefits.
WIFE shall receive the following items:
a. The personal property in her current possession;
b. Her bank accounts;
c. Any Life Insurance Policies; and
d. Any retirement or employee benefits. .
e.
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Within ~ days 't e date of this Agreement, counsel for '
HUSBAND will prepare a Qualified Domestic Relations Order . cMA
transferring the $85,00000 to WIFE via rollover. . f ,,\,
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HUSBAND shall pay from his 401k retirement the sum of$85,000.00 to WIFE as
a rollover into her retirement account. The WIFE hereby waives all right and title which she may
have in any personal property of the HUSBAND. HUSBAND likewise waives any interest
which he has in the personal property of the WIFE. Henceforth, each of the parties shall own,
have and enjoy independently of any claim or right of the other party, all items of personal
property of every kind, nature and description and wherever situated, which are then owned or
held by or which may hereafter belong to the HUSBAND or WIFE with full power to the
HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all
purposes as ifhe or she were unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
AUTOMOBILES:
a.) WIFE agrees to waive any and all interest which she may have in HUSBAND's
motor vehicles.
b.) HUSBAND agrees to waive any and all interest which he may have in WIFE's
motor vehicles.
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11.
MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own
debt incurred after the date of separation. It is hereby understood and agreed by and between the
parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy
proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy.
Both parties warrant that helshe has not heretofore instituted any proceeding pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to himlher which have
been initiated by others.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND
waives all right, title, and claim to any of WIFE's employee benefits.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
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14.
DIVORCE; The parties both agree to cooperate with each other in obtaining a fmal
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION; The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence. The provisions of this Agreement are fully
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understood by both parties and each party acknowledges that the Agreement is fair and equitable,
that it is being entered into voluntarily, and that it is not the result of any duress or undue
influence.
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain
and complete the divorce.
8
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22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
~J~PA/ iLfl1 ~(SEAL)
~ONNAM. MOUNTZ I
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this.J~~day of /4A1Mv<.
2002, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, DONNA M. MOUNTZ, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARIAL SEAL
MERLENE J. MARHEVKA. NOTARY PUBUC
CARLISLE. CUMBERlAND COUNTY, PA
1M COMMISSION EXPIRES JUNE 8, 2008
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this \d,'t-Rday of aUf.A~
a Notary Public, in and for the Commonwealth of Pennsylvania and County of
2002,
Cumberland, RANDALL C. MOUNTZ, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Settlement Agreement , and
acknowledges that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal .
Martha L. Noel, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Sept. 18, 2003
\~erT\\:1(:'" Dqr.;"1c.:1I1v8>";i::> p,~sociation ot Notanes
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.ATeLAW
26 W. High Street
Carlisle, P A
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mountz, divorce complaint
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October 10, 2002
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DONNA MOUNTZ,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00 - 7179 CIVIL TERM
IN DIVORCE
Plaintiff
Ys.
RANDALL C. MOUNTZ,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) 2201 (a)(1)
of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint:
3. (Complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent required by Section
3301(c) of the Divorce Code: by the Plaintiff September 22,
2002; by the Defendant October 1, 2002
(b) (1) Dale af e)(ecutian af tRe Plainlilfs a#idavit FOq!,liFea l3y
SeetiaA 2291 (a) af lhe Dil,fer-ee Case:
(2) Dale af service of lAe PlaiAtilfs a#iaavit !,ll3aA tRe Defendant:
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file
praecipe to transmit record, a copy of which is attached:
(b)
Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with
the Prothonotary: October , 2002
Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary: October , 2002
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DONNA MOUNTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 00 - 71 '71 CIVIL TERM
IN DIVORCE
VS.
RANDALL C. MOUNTZ,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the Court. A judgment may also be entered against you
for any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at the Cumberland County Court House, Carlisle,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 GIET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
SAIDIS
SHUffi.~WER
. &Lll'lIJSAY
~.lAW
UW. HIgh_I
Carlisle, PA
By:
CarD J. Lindsay, Esquire
ID# 44693
26 West High Stfeet
Caflisle, PA 17013
(717) 243-6222
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SAlOIS
SHUffi. !!OWER
&.UNUSAY
ATIDIlNa'SoAT.IAW
26 W. High street
Carlisle,PA
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mountz, divorce complaint
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October 12, 2000
DONNA MOUNTZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 00 - 7J 71 CIVIL TERM
Plaintiff
VS.
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
COMPLAINT
DONNA MOUNTZ, Plaintiff, by hef attorneys, SAIDIS, SHUFF, FLOWER &
LINDSAY, P.C., fespectfully fepfesents:
1. The Plaintiff is Donna Mountz, who curfently fesides at 262 Mt. Zion Road,
Caflisle, Cumbefland County, Pennsylvania, where she has resided since May 13,
1977.
2. The Defendant is Randall C. Mountz, who cUffently resides at 262 Mt. Zion
Road, Caflisle, Cumberland County, Pennsylvania, whefe he has resided since May 13,
1977.
3. The Plaintiff and Defendant both have been bona fide fesidents in the
Commonwealth of Pennsylvania for at least six months immediately pfiof to the filing of
this Complaint.
4. The Plaintiff and Defendant were mafried on August 7, 1970, in Maryland.
5. That thefe have been no pfior actions of divorce Of fOf annulment between
the parties in this or in any othef jurisdiction.
6. The Plaintiff avefS that she/he is entitled to a divofce on the ground that the
marriage is irretfievably bfoken and Plaintiff is pfoceeding, undef Sections 3301 (c)
and/of (d) of the DivOfce Code. .
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SAIDIS
SHUffi.ROWER
&.UNUSAY
~.lAW
26 W. High street
Carlis1e,PA
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mountz, divorce complaint
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October 12, 2000
7. Plaintiff has been advised of the availability of maffiage counseling and of the
fight to request that the Court require the parties to participate in marriage counseling,
and does not fequest counseling.
WHEREFORE, Plaintiff fequests the Court to enter a decfee of divofce.
COUNT II
8. The avefments in Pafagfaphs 1 thfough 8 are incorporated hefein by
fefefence as if set out in full.
9. In the course of theif marfiage, Plaintiff and Defendant acquifed certain
feal and personal property.
10. Plaintiff fequests the Court to equitably divide the marital pfoperty.
WHEREFORE, Plaintiff pfays this Honofable Court to enter a Decfee in Divorce
divofcing the Plaintiff from the Defendant and equitably dividing the mafital pfoperty.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol J. Lindsay, uire
I D# 44693
26 West High Stfeet
Carlisle, PA 17013
(717) 243-6222
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VERI FICA TION
I, the undersigned, hefeby vefify that the statements made herein are tfue and correct.
I understand that false staternents hefein are made subject to the penalties of 18 Pa. C.S. 94904,
relating to unsworn falsification to authorities.
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.ATeLAW
26 w. High Street
Carlisle. P A
DONNA MOUNTZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00-7179 CIVIL TERM
Plaintiff
VS.
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divofce under !l 3301 (c) of the Divorce Code was filed on
Octobef 17, 2000, and an Amended Complaint in Divofce was filed July 17, 2002.
2. The maffiage of plaintiff and defendant is irfetrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decfee in Divofce after service of notice of
intention to request entry of the Decree.
I vefify that the statements made in this Affidavit afe tfue and COffect to the best
of my knowledge, infofmation and belief. I understand that false statements hefein afe
made subject to the penalties of 18 Pa.C.S. 4904 felating to unsworn falsification to
authorities.
Date:
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DONNA MOUNTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. QO-7179 CIVIL TERM
VS.
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divofce under 1; 3301 (c) of the Divofce Code was filed on
Octobef 17, 2000, and an Amended Complaint in Divofce was filed July 17, 2002.
2. The mafriage of plaintiff and defendant is irfetfievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divofce aftef service of notice of
intention to fequest entry of the Decfee.
I vefify that the statements made in this Affidavit afe tfue and correct to the best
of my knowledge, infofmation and belief. I undefstand that false statements hefein afe
made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to
authorities.
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Randall C. Moun~efendant \.
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DONNA MOUNTZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. Q().7179 CIVIL TERM
Plaintiff
VS.
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301 (c) OF THE DIVORCE CODE
1 . I consent to the entry of a final Decfee of Divorce without notice.
2. I undefstand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divofce is gfanted.
3. I undefstand that I will not be divofced until a Divofce Decfee is entefed
by the Court and that a copy of the Decfee will be sent to me immediately aftef it is
filed with the Prothonotary.
I vefify that the statements made in this Affidavit afe true and corfect to the best
of my knowledge, infofmation and belief. I undefstand that false statements hefein afe
rnade subject to the penalties of 18 Pa.C.S. 4904 felating to unsworn falsification to
authorities.
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DONNA MOUNTZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00-7179 CIVIL TERM
IN DIVORCE
Plaintiff
VS.
RANDALL C. MOUNTZ,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
S3301(c) OF THE DIVORCE CODE
1 . I consent to the entry of a final Decfee of Divorce without notice.
2. I undefstand that I may lose rights concerning alimony, division of
property, lawyef's fees or expenses if I do not claim them before a divofce is granted.
3. I undefstand that I will not be divofced until a Divofce Decfee is entefed
by the Court and that a copy of the Decfee will be sent to me immediately aftef it is
filed with the Prothonotary.
I vefify that the statements made in this Affidavit are true and cOffect to the best
of my knowledge, infofmation and belief. I undefstand that false statements hefein afe
made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to
authorities.
Randall C. Mountz, Defendant
Date:
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DONNA MOUNTZ,
Plaintiff
VS.
RANDALL C. MOUNTZ,
Defendant
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October 23, 2000
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 7179 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divofce in the above captioned mattef.
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262 Mt. Zion Road
Caflisle, PA 17013
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DONNA MOUNTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
RANDALL C. MOUNTZ,
Defendant
NO. 2000-7179 CIVIL TERM
IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the defendant, RANDALL C. MOUNTZ, in the
above captioned case.
Respectfully submitted,
By:
Marcus A McKnight, I, E quire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for defendant
Date: August 12, 2002
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DONNA MOUNTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
RANDALL C. MOUNTZ,
Defendant
NO. 2000-7179 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, Ill, Esquire, hereby certify that a copy of attached Praecipe for
Entry of Appearance was served upon the following by depositing a true and correct copy of the
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
Carol J. Lindsay, Esq
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, P A 17013
IRWIN, McKNIGHT & HUGHES
By:
Date: August 12,2002
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DONNA MOUNTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00. 7179 CIVIL TERM
CIVIL ACTION. LAW
V5.
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
DONNA MOUNTZ, moves the court to appoint a master with respect to the following claims:
(x)
( )
( )
(x)
Divorce
Annulment
Alimony
Alimony Pendente Lite
(x)
( )
(x)
(x)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery Is complete as to the claim(s) for which the appointment of a master is requested.
(2) The Defendant has not appeared in the action.
(3) The statutory ground{s) for divorce is/are 3301{c) and/or (d).
(4) Delete the inapplicable paragraph{s).
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims: none.
(c) The action is contested with respect to the following claims: .
(5) The action complex issues of law or fact.
(6) The hearing is expected to take 1 day.
(7) Additional information, if any, relevant to the motion:
Date:
11'1fO~
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ORDER APP~ING MASTE~IJ L
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AND NOW, this day of 002, fEsquire, is appointed master with respect
to the following claims: Divorce, equitable distributio, imony pendente lite, counsel fees and costs.
By the Court,
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DONNA MOUNTZ,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
RANDALL C. MOUNTZ,
Defendant/Respondent
NO. 2000-7179 CIVIL TERM
IN DIVORCE
DR# 31901
PacseS# 184104693
ORDER OF COURT
AND NOW, this 23'" day of July, 2002, upon consideration of the attached Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before RJ. Shaddav on AUllust 21.2002 at 9:00A.M. for a conference, at 13 N. Hanover St., Carlisle,
P A 17013, 3fter which the conference officer may recommend that an Order for Alimony Pendente Lite
be entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O.IW
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
8-24-02 to:
Petitioner
< Respondent
Carol Lindsay, Esquire
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Date of Order: July 23, 2002
R. . Shadday, Conference Officer
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
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YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE
AND REPRESENT YOU. 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 MAY GET LEGAL HELP.
COURT ADMINISTRATOR
FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
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 disabied individuals having business before the Court, piease 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.
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSeAT-LAW
26 W. High Street
Carlisle. P A
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DONNA MOUNTZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 7179 CIVIL TERM
CIVIL ACTION - LAW
Plaintiff
VS.
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
PETITION FOR ALIMONY
PENDENTE LITE
Now comes Donna Mountz, by and thfOUgh her counsel, SAIDIS, SHUFF,
FLOWER & LINDSAY, and petitions this Honofable Court as follows:
1. The parties hereto are husband and wife, having been joined in marriage
on August 7,1970.
2. The parties separated on Of about October 17, 2000.
3. Petitioner is without the ability to earn income sufficient to meet her
feasonable needs and to pay attorney's fees.
WHEREFORE, Petitionef prays this Honorable Court to ordef alimony pendente
lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable
attorney's fees.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Lindsay, Esq ire
ID 4 93
26 West High Street
Caflisle, PA 17013
(717) 243-6222
11
SAlOIS
SHUFF, FLOWER
& LINDSAY
A'ITORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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VERIFICATION
I, the undefsigned, hefeby vefify that the statements made hefein afe tfue and
COffect. I undefstand that false statements herein are made subject to the penalties
of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
Date:
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DONNA MOUNTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 7179 CIVIL
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
ORDER OF COURT
~l.f~ day of .,J,n~
f
2002, the economic claims raised in the proceedings having
AND NOW, this
been resolved in accordance with a marital settlement
agreement dated August 12, 2002, the appointment of the
Master is vacated and counsel can file a praecipe
tTansmitting the Tecord to the Court requesting a final
decree in divorce.
BY THE COURT,
~
cc:
/Carol J. Lindsay
Attorney for plaintiff
/Marcus A. McKnight, III
Attorney for Defendant
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DONNA MOUNTZ
VS.
RANDALL C. MOUNTZ
-
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION
LAW
NO. 00-7179
CIVIL
19
IN DIVORCE
Defendant
STATUS SHEET
DATE: ACTIVITIES:
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DONNA MOUNTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 7179 CIVIL
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
TO: Carol J. Lindsay
, Attorney for Plaintiff
Randall C. Mountz , Defendant
DATE: Wednesday, July 24, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
"
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JUt 2 5 2002
DONNA MOUNTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 7179 CIVIL
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
TO: Carol J.Lindsay
, Attorney for plaintiff
Randall C. Mountz , Defendant
DATE: Wednesday, July 24, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
1/ ~tJ2/
/ DATE
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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JAMES D. FLOWER
JOHN E. SLIKE
ROBERT C. SAIDlS
GEOFFREY S. SHUFF
JAMES D, FLOWER,JR.
CAROLJ. LINDSAY
JOHNNA J. KOPECKY
KARL M. LEDEBOHM
JOSEPH 1. IDTCHlNGS
THOMAS E. FLOWER
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE. PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: atlorney@ssfI-Iaw.com
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, P A 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
August 5, 2002
E. Robert Elickef, Esquire
Office of Divorce Mastef
9 North Hanovef Stfeet
Caflisle, PA 17013
RE: Mountz v. Mountz
No. 00 -7179
Deaf Mr. Elickef:
Enclosed please find Plaintiffs Certification of Discovery certifying that discovery
is complete at this time.
Very tfuly YOUfS,
CJUtjb
Enclosure
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci do Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
August 8, 2002
Carol J. Lindsay
Attorney at Law
SAlOIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, PA 17013
Randall C. Mountz
262 Mt. Zion Road
Carlisle, PA 17013
RE: Donna Mountz vs. Randall C. Mountz
No. 00 - 7179 Civil
In Divorce
Dear Ms. Lindsay and Mr. Mountz;
Attorney Lindsay has certified that discovery is complete; Mr.
Mountz has not responded to our request for discovery certification. I
am going to proceed with a directive for pretrial statements on the basis
that there are no outstanding discovery issues pending.
A divorce complaint was filed on October 17,2000, raising grounds
for divorce of irretrievable breakdown of the marriage and the economic
claim of equitable distribution.
No claims have been raised for alimony or counsel fees and costs.
In accordance with P.R.C.P. 1920.33(b) I am directing attorney
Lindsay and Mr. Mountz to each fIle a pretrial statement on or before
Friday, August 30,2002. Upon receipt of the pretrial statements, I will
immediately schedule a pre-hearing conference with attorney Lindsay
and Mr. Mountz, if he remains unrepresented, to discuss the issues and,
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8 August 2002
Page 2
if necessary, schedule a hearing.
NOTE:
Very truly yours,
E. Robert Elicker, II
Divorce Master
Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
.
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JAMES D. FLOWER
JOHN E. SLIKE
ROBERT C. SAIDIS
GEOFFREY S. SHUFF
JAMES D. FLOWER. JR.
CAROLJ. LINDSAY
JOHNNA J. KOPECKY
KARL M. LEDEBOHM
JOSEPH 1. HITCHINGS
THOMAS E. FLOWER
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorney@ssfl-law.com
Septembef 19, 2002
E. Robert Elickef, Esquife
Office of Divorce Mastef
9 North Hanovef Stfeet
Caflisle, PA 17013
RE: Mountz v. Mountz
No. 00 -7179
Deaf Mr. Elickef:
1- ~ N
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, P A 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
Enclosed please find two fully executed copies of the Marriage Settlement Agfeement in
the captioned case. I believe with this Agreement in place, we can proceed with
finalizing this divorce.
Thank you for YOUf assistance.
Very tfuly YOUfS,
SAlOIS, SHUFF, FLOWER & LINDSAY
CJLltjb
Enclosures
cc: Donna Mountz
Marcus A. McKnight, III
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DONNA MOUNTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7179 CIVIL TERM
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, thi. i- ~y of -W ' 2003, it i. """by"""",, "'" '""
Petition for Qualified Domestic Relations Order shall be made an Order of Court as follows:
1.
This Petition is for the purpose of the entry of a Qualified Domestic Relations Order as
defined in 26 V.S.C. Section 4l4(P) pursuant to the Marriage Settlement Agreement dated
August 12, 2002 relating to Paragraph Nine (9) of said Marriage Settlement Agreement
involving the pension of the participant, Randall C. Mountz.
2.
For the purposes of this Order, the tenn "Participant" means Randall C. Mountz of
Carlisle SynTec Incorporated; the tenn "Altemate Payee" means Donna Mountz; the tenn "Plan"
means the Carlisle Corporation Employee Incentive Savings Plan; the tenn "Account Balance"
means the balance the Participant has credited to his account the Plan; and the tenn "Benefits
Committee" means the Benefits Committee of Carlisle SynTec Incorporated.
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3.
The Court does hereby incorporate the Marriage Settlement Agreement by reference as a
part of this Order effective this date.
4.
The last known mailing address of the Participant is 262 Mount Zion Road, Carlisle,
Pennsylvania 17013. The date of birth of the Participant is March 15, 1947, and his social
security number is 175-40-5244.
5.
The last known mailing address of the Altemate Payee is P. O. Box 543, Carlisle,
Pennsylvania 17013. The birth date of the Alternate Payee is June 30, 1947, and her social
security number is 184-38-0635.
6.
The Participant and the Alternate Payee were married on April 7, 1970, in Hagerstown,
Maryland.
7.
Under the terms of the Marriage Settlement Agreement, the Alternate Payee is to receive
from the Plan the amount of Eighty-Five Thousand and nollOO ($85,000.00) Dollars of theh
Participant's vested Account Balance.
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8.
The portion of the Account Balance payable to the Alternate Payee shall be paid to the
Hartford Life Insurance Company. The rollover check shall be made payable to the Hartford
Life Insurance Company for the benefit of Donna Mountz and mailed to c/o Dan Stott, 157
South Hanover Street, Carlisle, Pennsylvania 17013.
9.
The amounts to be paid to the Alternate Payee hereunder shall be paid to her in any
method permissible under the Plan as elected by the Alternate Payee as soon as administratively
practicable after the expiration of the review period following the Retirement Committee's
detennination that this Order is a Qualified Domestic Relations Order.
10.
Nothing in this Order shall:
(a) require the Plan to provide any type or form of benefit, or option,
not otherwise provided in the Plan; or
(b) require the payment of benefits to the Alternate Payee which are
required to be paid to another alternate payee under another order previously
detennined to be a Qualifed Domestic Relations Order.
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11.
Both the Participant and the Alternate Payee shall have the duty to notify the Benefits
Committee in writing of any changes in his or her respective mailing address subsequent to the
entry of this Order.
12.
The Court retains jurisdiction to establish or maintain this Order as a Qualified Domestic
Relations Order provided, however, no amendment of this Order shall contain a requirement
with respect to the Plan of a type described in Paragraph Ten (10) above.
BY THE COURT,
J.
cc: Marcus A. McKnight, III, Esquire
Carol J. Lindsay, Esquire
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DONNA MOUNTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7179 CIVIL TERM
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
PETITION FOR
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this 115&ay of January, 2003, come the parties and make the following
Petition for a Qualified Domestic Relations Order:
1.
This Petition is for the purpose of the entry of a Qualified Domestic Relations Order as
defined in 26 V.S.C. Section 4l4(P) pursuant to the Marriage Settlement Agreement dated
August 12, 2002, relating to Paragraph Nine (9) of said Marriage Settlement Agreement
involving the pension of the participant, Randall C. Mountz.
2.
For purposes of this Order, the term "Participant" means Randall C. Mountz of Carlisle
SynTec Incorporated; the term "Alternate Payee" means Donna Mountz; the term "Plan" means
the Carlisle Corporation Employee Incentive Savings Plan; the term "Account Balance" means
the balance the Participant has credited to his account under the Plan; and the term "Benefits
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Committee" means the Benefits Co=ittee of the Carlisle Corporation Employee Incentive
Savings Plan.
3.
The Court does hereby incorporate the Marriage Settlement Agreement by reference as a
part of this Order effective this date and is hereby marked as Exhibit "A".
4.
The last known mailing address of the Participant is 262 Mount Zion Road, Carlisle,
Pennsylvania 17013. The date of birth of the Participant is March IS, 1947, and his social
security number is 175-40-5244.
5.
The last known mailing address of the Alternate Payee is P. O. Box 543, Carlisle,
Pennsylvania 17013. The date of birth of the Altemate Payee is June 30,1947, and her social
security number is 184-38-0635.
6.
The Participant and the Alternate Payee were married on April 7, 1970 in Hagerstown,
Maryland.
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7.
Under the terms of the Marriage Settlement Agreement, the Altemate Payee is to receive
from the Plan the amount of Eighty-Five Thousand and no/lOO ($85,000.00) Dollars of the
Participant's vested Account Balance.
8.
The portion of the Account Balance payable to the Altemate Payee shall be paid to The
Hartford Life Insurance Company. The rollover check shall be made payable to the Hartford
Life Insurance Company for the benefit of Donna Mountz and mailed to c/o Dan Stott, 157
South Hanover Street, Carlisle, Pennsylvania 17013.
9.
The amounts to be paid to the Altemate Payee hereunder shall be paid to her in any
method permissible under the Plan as elected by the Alternate Payee as soon as administratively
practicable after the expiration of the review period following the Retirement Committee's
determination that this Order is a Qualified Domestic Relations Order.
10.
Nothing in this Order shall:
(a) require the Plan to provide any type or form of benefit, or option,
not otherwise provided in the Plan; or
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(b) require the payment of benefits to the Alternate Payee which are
required to be paid to another alternate payee under another order previously
determined to be a Qualified Domestic Relations Order.
11.
Carol J. Lindsay, Esquire, is counsel for Donna Mountz and she consents to the entry of
this Order of Court.
WHEREFORE, the Petitioner requests that an Order be entered and attached to the
Petition.
Respectfully submitted,
By:
quire
D"'~'")'''
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 25476
g1mam/fiunily law/randall mountz/docs/Quadro & Petition
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EXHIBIT "A"
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MARRIAGE SETTLEMENT AGREEMENT
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THIS AGREEMENT made this /) day of lMo.f , 2002, by and between
. DONNA M. MOUNTZ, (hereinafter referred to as "WI ") d RANDALL C. MOUNTZ,
(hereinafter referred to as "HUSBAND").
WITNESSETH:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties ofthe parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
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3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he . or she,
respectively:
(1) is represented by counsel of his or her own choosing;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective im~ediately as of the date of execution.
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5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401 (e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns, The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the furtherpurpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired; he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
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7.
REAL ESTATE: WIFE agrees to sign all her right, title and interest in the ~ \~\
marital residence situated at 262 Mt. Zion Road, Carlisle, Pennsylvania to HUSBAND (:\\~ l'~
upon refinance. The HUSBAND agrees to pay WIFE the sum of Thirty Thousand and ' \D~v
nO/lOO ($30,000.00) Dollars and refinance the mortgage into his own name with M & I~^
T Bank within forty-five (45) days of the date of this Agreement. HUSBAND will ~~\
also pay WIFE Two Hundred Fifty and no/100 ($250.00) Dollars per month for /JI\ \.1 ^
twenty (20) months commencing October 1, 2002 and continuing on the first r;>(]'JV \
day of each month until he has paid Five Thousand and no/100 ($5,000.00) . I'\..
Dollars without interest.
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SUPPORT: HUSBAND will not provide spousal support to WIFE until the [mal .\\ i\~ I h
divorce. F. ollowing the entry of the Divorce Decree, neither party will pay alimony to ~((LfJ'"
the other. . I'"
9.
PERSONAL PROPERTY: The parties agree that the personal property shall be
divided as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession;
b. His bank accounts;
c. Any Life Insurance Policy; and
d. Any retirement account and employee benefits.
WIFE shall receive the following items:
e.
The personal property in her current possession;
Her bank accounts;
Any Life Insurance Policies; and
Any retirement or employee benefits.
A rollover into hel; ~tire ent account of $85,000.00 from HUSBAND.
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Within .J;etC'flO) Ct of the date of thIS Agreemen, counse Jor
HUSBAND will prepare a Qualified Domestic Relations Order
transferring the $85,00000 to WIFE via rollover.
a.
b.
c.
d.
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HUSBAND shall pay from his 40lk retirement the sum of$85,000.00 to WIFE as
a rollover into her retirement account. The WIFE hereby waives all right and title which she may
have in any personal property of the HUSBAND. HUSBAND likewise waives any interest
which he has in the personal property of the WIFE. Henceforth, each of the parties shall own,
have and enjoy independently of any claim or right of the other party, all items of personal
property of every kind, nature and descfiption and wherever situated, which are then owned or
held by or which may hereafter belong to the HUSBAND or WIFE with full power to the
HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all
purposes as ifhe or she were unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
AUTOMOBILES:
a.) WIFE agrees to waive any and all interest which she may have in HUSBAND's
motor vehicles.
b.) HUSBAND agrees to waive any and all interest which he may have in WIFE's
motor vehicles.
5
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11.
MARlT AL DEBTS & BANKRUPTCY; Each party will be responsible for their own
debt incurred after the date of separation. It is hereby understood and agreed by and between the
parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy
proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy.
Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to him/her which have
been initiated by others.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that ally life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND
waives all right, title, and claim to any of WIFE's employee. benefits.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
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14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divofce.
15.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION; The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence. The provisions of this Agreement are fully
7
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understood by both parties and each party acknowledges that the Agreement is fair and equitable,
that it is being entered into voluntarily, and that it is not the result of any duress or undue
influence.
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS; It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
Pj\ YMENT OF COSTS: The parties agree to pay for their own costs required to obtain
and complete the divorce.
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22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and aU rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, fight to take in intestacy, fight to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and aU instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto hilVe set their hands and seals the day
and year fIrst above written.
WITNESSES:
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RANDALL c. MOUNTZ
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VERIFICATION
1:1
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
4904, relating to unsworn falsification to authorities.
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understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
~Sou~~
Date: January 31, 2003
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DONNA MOUNTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-7179 CML TERM
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and
correct copy of the foregoing Qualified Domestic Relations Order upon counsel for the Plaintiff
by placing it in the United States Mail, first class postage prepaid in Carlisle, Pennsylvania
17013, upon the following:
Carol J. Lindsay, Esquire
SAIDlS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, PA 17013
By:
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Date: January X, 2003
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DONNA MOUNTZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00. 7179 CIVIL TERM
CIVIL ACTION. LAW
Plaintiff
V5.
RANDALL C. MOUNTZ,
Defendant
IN DIVORCE
PRAECIPE TO WITHDRAW PETITION
FOR ALIMONY PENDENTE LITE
TO THE PROTHONOTARY:
Please withdraw the Petition of Donna Mountz for alimony pendente lite.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys fOf Plaintiff
By:
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DONNA MOUNTZ ) Docket Number 00-7179 CIVIL
Plaintiff )
VS. ) PACSES Case Number 184104693
RANDALL C. MOUNTZ )
Defendant ) Other Slate ID Number
ORDER
AND NOW, to wit on this
11TH DAY OF APRIL, 2003
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or ~ Other
ALIMONY PENDENTE LITE
filed on JULY 17, 2003
in the above captioned
matter is dismissed without prejudice due to:
THE PLAINTIFF NOT PURSUING THE MATTER THROUGH THE DOMESTIC RELATIONS SECTION
OF THIS COURT.
~ The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
DRO: RJ Shadday
xc: plaintiff
defendant.
Carol Lindsay, Esquire
Marcus McKnight, Esquire
;?-' ..,. ~
Kevin A. Hess
JUDGE
Service Type M
Form OB-506
Worker ID 21005
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