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Home My WebLink About05-1767 SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE RICHARD A MOUNTZ, Defendant ; NO. 05- /7&'} CIVIL TERM 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, P A 17013 (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American 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. SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION : IN DIVORCE RICHARD A MOUNTZ, Defendant : NO. 05- ilf, 7 CIVIL TERM COMPLAINT UNDER &3301(d) OF THE DIVORCE CODE, 23 Pa.C.S. &3301(d) The plaintiff, Selena Mountz, by her attorneys, the Family Law Clinic, sets forth the following causes of action: 1. Plaintiff is Selena Mountz, who currently resides at 137 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Richard A. Mountz, who currently resides at 785 Pittsburgh A venue, Apartment 98, Valparaiso, Indiana. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 8,1987, in Newville, Pennsylvania 1 7241. 5. Plaintiff and Defendant have lived separate and apart since August 17, 1999. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, plaintiff requests the Court to enter a decree of divorce dissolving the marriage. Date: (!? It>! oS . , ~.-if "'"" c' /1u~~dv-~ . urgess C. Bradshaw Certified Legal Intern 1J(4{ t:;<4 Robert E. Rains Supervising Attorney THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Office: (717) 243-2968 Fax: (717) 243-3899 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. S4904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. Date: :J Jd.-I J oS , '--S J.j.c~ J.. rrtcl,d:x- Selena Mountz U Cd (? ~ ) ,..... \-.;:~ C--' :-) ":c'n '.;~ \','\ ~---:: . y'" .~:~) ~ ~ :-a ..~ ':) . "', , ::~ ~.) ." ;;.- ..t...:"",\ ___ /- SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE RICHARD A MOUNTZ, Defendant : NO. 05- (Ib 7- CIVIL TERM To the Prothonnotary: PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Selena Mountz, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date f.,/ f ~ t- z- - t:J S /f~ At- C ~d&~""..v~--- Burgess C. Bradshaw Certified Legal Intern '7?!d{Iit~ Robert E.Rains Supervising Attorney THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Office: (717) 243-2968 Fax: (717) 243-2968 r-' c::> C'--> c..n ~, :;::0 :!2. ~T.~ r~) (~) t..P SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE RICHARD A. MOUNTZ, Defendant : NO. 05- Fl(P'+ CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 17, 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date:~ s) l~JlU).. -I.. rnou~ PI i iff Q ~ -;- -rl " 1-;- . ~ -:;" t ..;:~ :." ..,..-- .,.--.-.\ -{~ ,.<> (::...~ ~.:-:) \:.Ij; ,-. ,~ -' -Ii :.~-j f'l :':' ,~. ..,...,,-n ~ v :::;J , .r.- -"':) -~... N c...). \.D SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE RICHARD A MOUNTZ, Defendant : NO. 05-1767 CIVIL TERM CERTIFICATE OF SERVICE I, Burgess C. Bradshaw, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Divorce on Richard A. Mountz, at 785 Pittsburgh Avenue, Apartment 98, Valparaiso, Indiana 46385, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested on April 4, 2005. Service was complete upon receipt by Richard A. Mountz on the day of April 13, 2005, as evidenced by the attached green card. 4' (/1'" /.1_",-,/-('/"-"" .,.,/.,' _'1'_.( Z " Burgess C. Bradshaw Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Office: (717) 243-2968 Fax: (717) 243-3639 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: n . . ^ f\ICJ1CcNi4>;. ('llou"~L "79c; Pi iI~bvrcJI, CLu-t'n-'<.J....- (<iY~'~~ 0, 3 Vt1J?f..g,~,-",.,.., ,Af",d.i<l"G.. '/0 '37S" o Agent o Addressee DYes o No 3. Service Type ~ertjfjed Mail i;iiLRegistered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) ;:aVe' 2. Article Number (Copy from service label) '7(.000.. 06>('-;.0 PS Form 3811. July 1999 000/ 5)('/7 Domestic Return Receipt 5? -7(0 9 102595-99-M-1789 .; ,-0 ,..,{"I ....<- " ~"':~ ") '"c"' d"' SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION : IN DIVORCE RICHARD A MOUNTZ, Defendant : NO. 05-1767 CIVIL TERM CERTIFICATE OF SERVICE I, Rene M. Gornall, hereby certify that on this 8th day of June, 2005, I am serving a true and correct copy of the Praecipe to Transmit Record and Divorce Information Sheet on Richard A. Mountz by first class U.S. mail, addressed as follows: Richard A. Mountz 785 Pittsburgh Avenue Apartment 98 Valparaiso, Indiana 46385 Date:~ /z:/f ; e e M. Gornal1 " Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 170 I 3 (") ...... ~ = 0 = "" "Tl (.... ~ c:: z mf1d , ~~ co ,Xl 0 ..-1 -0 ::J::r :z 0...1 ;:>"C'") ~ om ~ ~ -< t.r. .!fi -..J -< ~ SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE RICHARD A MOUNTZ, Defendant : NO. 05-1767 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under S 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: April 13,2005, by United States mail, certified, restricted delivery, return receipt requested. 3. Date of execution ofthe Plaintiffs Affidavit required by S 330I(d) of the Divorce Code: March 31, 2005; Date of service of the Plaintiff's Affidavit upon the Defendant: April 13, 2005. 4. Related claims pending: None. 5. Date and manner of service of the Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached: United States mail, first class, on May 18,2005. Date .....JL/fJ!tfJ e M. Gornall Certified Legal Intern ~~~ TH AS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 . . SELENA MOUNTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE RICHARD A MOUNTZ, Defendant : NO. 05-1767 CIVIL TERM NOTICE OF INTENTION TO REOUEST ENTRY OF ~ 330Hd) DIVORCE DECREE TO RICHARD A. MOUNTZ: ~1 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the !l3301(d) affidavit. Therefore, on or after May 31, 2005, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing ofthe form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 . AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. (") ....., ~- = 0 = <:on -n '- ~:n c: z ~~ I 0:> 5 -0 ::;:j::J ..L~ :::z:: f4 . ~ om ..... 01 5; -.l -< . . . . . . . . . . . . . . . . . . . . . . . . . . + + . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . ~~ "" ;+; . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF SELENA MOUNTZ PLAINTIFF VERSUS RICHARD A. MOUNTZ DEFENDANT PENNA. NO. 05-1767 DECREE IN DIVORCE AND NOW, ,1uV)(.. 2-0 2..00.5.-, IT IS ORDERED AND DECREED THAT c;F:T.F:NA MorlN'l'7. AND RICHARD A. MOUNTZ , PLAI NT! FF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; I\j()~''i: . . . ATT S da[~ c ~-- ROTHONOTARY . '+ '+' '+ 'f. . . u . . . . . . . . . . . . . . J. . . . . . . . . .+ ~ ~ 50' (!C. 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