HomeMy WebLinkAbout05-5171
KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05- sJ71
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE I CUSTODY
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 right 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 LA WYER AT ONCE. IF YOU DO
NOT HAVE LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE 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 St.
Carlisle, PA 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 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.
KRISTIN MUNDORF,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. os- ~/11
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE / CUSTODY
DIVORCE COMPLAINT WITH CUSTODY COUNT
The plaintiff, Kristin Mundorf, by her attorneys, the Family Law Clinic, sets forth the
following causes of action in divorce and custody:
COUNT I
DIVORCE UNDER TITLE 23 Pa. C.S. &&330](c) and Cd) OF THE DIVORCE CODE
1. Plaintiff is Kristin Mundorf, who currently resides at 426 Market Street, New
Cumberland, Cumberland County, Pennsylvania 17070 since February 2004.
2. Defendant is Douglas Mundorf, who currently resides at 436 Market Street, New
Cumberland, Cumberland County, Pennsylvania 17070 since 2002.
3. Plaintiff and Defendant have been bona fide residents of Cumberland County and the
Commonwealth for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on April 14, 2000, in New Cumberland,
Cumberland County, Pennsylvania.
's. Plaintiff and Defendant have lived separate and apart since February 1,2004.
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.
COUNT II
CUSTODY
9. Plaintiff repeats and realleges paragraphs I through 8.
10. Plaintiff seeks shared legal and primary physical custody of the following child:
Name
Austin Mundorf
Present Residence
426 Market Street
New Cumberland, P A 17070
Age
I Yz
The child was born not out of wedlock.
The child is presently in the custody of Plaintiff, Kristin Mundorf, who resides at 426
Market Street, New Cumberland, Cumberland County, Pennsylvania.
During the past five years, the child has resided with the following persons and at the
following addresses:
Persons
Address
Dates
Kristin Mundorf, Ken &
Hazel Dupler
426 Market Street
New Cumberland, P A
Birth (7/13/04) to
Present
The mother of the child is Kristin Mundorf. She is married.
The father of the child is Douglas Mundorf. He is married.
II. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides
with the following persons:
Name
Austin Mundorf
Ken & Hazel Dupler
Relationshin
son
daughter's paternal grandparents
12. The relationship ofthe Defendant to the child is that of father. Defendant resides
with the following persons:
Name
N/A
Relationshiu
13. 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.
Plaintiff has no information of a custody proceeding concerning the children pending
in a court of this Commonwealth, or any other state.
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.
14. The best interest and permanent welfare ofthe children will be served by granting the
relief requested because:
a. Plaintiff would like to continue to share in the upbringing, care, and support ofthe
child;
b. Plaintiff is prepared to provide the child with a stable home environment with
adequate moral, emotional, and physical surroundings as required to meet the
child's needs;
c. Plaintiff would like the child to have substantial contact with both his mother and
father;
d. Plaintiff is willing to accept custody of the child;
e. Plaintiff continues to perform parental duties when the child is in her care and
enjoys the love and affection of the child;
f. Defendant has a seizure disorder that may prevent Defendant from caring for the
child for extended periods oftime or transporting the child safely.
15. 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 requests the court grant her shared legal custody and primary
physical custody of the child, including reasonable periods of physical custody to be determined
by the parties.
Respectfully submitted,
Date
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Angel R velant
Certified Legal Intern
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. RAINS
TOM ACE
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
Supervising Attorneys
Family Law Clinic
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-3696
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this Petition are true and correct to the best of my
personal knowledge and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. !l4904, relating to unsworn falsification to authorities.
Dated: (0 I ~1c5
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KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
NO. 05- f/71
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE I CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
Kindly allow Kristin Mundorf, 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.
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Respectfully submitted,
Ul/t.?;f12 ;:ZtJ. d tZk,;f-
Angel ReVelant
Certified Legal Intern
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ROB. IE. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON- WALSH
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
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KRISTIN MUNDORF
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANIA
V.
05-5171
CIVIL ACTION LA W
DOUGLAS MUNDORF
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, October 07, 2005
, upon consideration of the attached Complaint,
at
4tb Floor, Cumberland County Courthouse, Carlisle on
Friday, November 04, 2005
, the conciliator,
at 9:30 AM
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
for a Pre-Hearing Custody Conference. At such conference, an elfort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to deline and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Proteetion from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!.
FOR THE COURT.
By: Isl
Hubert X Gilrov. Esq. I}~
Custody Conciliator r'
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For inl'lemation 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 courl. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249,3166
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KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-5171
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE / CUSTODY
CERTIFICATE OF SERVICE
I, Angelica L. Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I
served a true and correct copy of Divorce and Custody Complaint on Mr. Douglas Mundorf,
residing at 436 Market Street, New Cumberland, Pennsylvania 17070, by depositing a copy of
the same in the United States mail, certified, restricted delivery, return receipt requested, postage
prepaid. Service was complete upon receipt by Mr. Douglas Mundorf, on the 4th day of October,
2005 as evidenced by the attached green card.
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Angelica Revelant
Certified Legal Intern
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Lucy J on- Walsh, Esquire
Supervising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PAl 7013
(717) 243-2968
.c.. \". ;~',.;.,
. 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:
o Agent
o Addressee
C. Date of Delivery
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3. Service Type
';:I;2J Certified Mail
o Registered
o Insured Mail
4. Restricted Delivery? (Extra Fee)
':;:r:f Yes
2. Article Number
(T"ransferfromservlcelabel) 7<."(15 ~39/) oOCJ3 ~03';;- ~ 8;?-,
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-5171 CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE / CUSTODY
CUSTODY AGREEMENT
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THIS AGREEMENT, made this l.t- day oUht .1.<.(., t'"'-, 2005, between Kristin
Mundorf, hereinafter Mother, and Douglas Mundorf, hereinafter Father, concerns the custody
of their child: Austin Mundorf, born on July 13,2004.
Mother and Father desire to enter into an agreement as to the custody of the child.
Mother and Father agree to the following.
1. Mother and Father shall share legal custody of the child.
2. Mother shall have primary physical custody of the child.
:3. Father shall have periods of partial physical custody of the child as follows:
a. Father shall have custody of the child on Tuesdays and Thursdays for two
(2) hours. Specific times are to be determined by the mutual agreement of
the parties.
b.
Father-shall have custody of the child on alternating weekends on
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Saturday from 10:00 a.m. to 6Jl0 fl.Hl. Ilmi en SUllO!\)' fFijin. 1 \)11111 ll..m~
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6:00 p.m. ,:'>vV\C><i1 ~jey I't:::t''- {f'-
On the week that Father does not have his weekend custodial periods,
Father shall have custody of the child on Friday for two (2) hours.
4. Mother is responsible for transportation to and from Father's residence. Father
agrees not to drive while the child is in his custody unless a medical emergency arises.
. ~
5. The parties shall alternate custody on all major holidays, including Thanksgiving,
Christmas, New Year's, Easter, Memorial Day and July 4th beginning as follows:
a. Father shall have custody of the child from 9:00 a.m. to 3:00 p.m. on
Thanksgiving Day; Mother shall have custody of the child after 3:00 p.m
on Thanksgiving Day.
b. Mother shall have custody of the child until 3:00 p.m. on Christmas Day
Father shall have custody of the child from 3:00 p.m. to 8:00 p.m. on
Christmas Day.
c. Custodial time periods on all other holidays shall be determined by the
mutual agreement of the parties.
6. At least twenty-four (24) hour notice shall be given by either party who desires to
change a scheduled visitation.
7. Neither party shall remove the child from the Commonwealth of Pennsylvania
without advance notice and consent of the other party.
8. Mother and Father will notifY each other of any and all medical care the child
receives while in the other party's care.
9. Neither parent will do anything which may estrange the child from the other
party, or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love and respect for the other parent.
.. , - ...
10. The parties intend to be bound by the terms of this agreement and intend for this
Agreement to be made an Order of Court.
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Douglis Mundorf, Defendant
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Angeli Revelant
Certified Legal Intern
Counsel for Plaintiff
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, John Fenstermacher, Esquire
\._Sounsel for Defendant
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ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON- WALSH
Counsel for Plaintiff
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
Phone (717)243-2968
Fax (717)243-3639
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KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 05-5171
CIVIL ACTION - LAW
DOUGLAS MUNDORF,
Defendant
IN CUSTODY
ORDER
t.t
AND NOW, this /!~t day of December, 2005, the Conciliator being advised that
the parties have reached an agreement, the Conciliator relinquiishes jurisdiction.
Hubel~ X. roy, Esquire
Custody onciliator
(; S :01 H~ 2Z :)30 ~OOZ
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KRISTIN MUNDORF,
Plaintiff
v.
DOUGLAS MUNDORF,
Defendant.
And now, this ?O
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DEe 2 2 2005 ,,{\
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
: 0..'5":-
: NO. 5171 CIVIL TERM
ORDER OF COURT
day of ~OPW(
,2005, the attached Agreement
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is approved and entered as an Order of the Court.
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KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-5171
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE / CUSTODY
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under 99 3301(c) and (d) of the Divorce Code was filed on
October 3, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service ofthe Complaint.
3. I consent to the entry of a tinal decree of divorce after service of notice of intention to
request entry of the decree.
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.
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Kristin Mundorf
Plaintiff
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KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO.OS-SI?1
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE / CUSTODY
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date
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Kristin Mundorf
Plaintiff
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KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-5171
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE I CUSTODY
NOTICE TO DEFENDANT
If you wish to deny any of the allegations set forth in this affidavit, you must file a
counter-affidavit within twenty (20) days after this affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
I. The parties to this action separated February 1,2004, and have continued to live
separate and apart for a period of at least 2 years.
2. The marriage is irretrievably broken.
3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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. ~4904, relating to unsworn
falsification to authorities.
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undorf, Plain
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KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-5171
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE I CUSTODY
CERTIFICATE OF SERVICE
I, Angel Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served
a true and correct copy of the Plaintiffs Affidavit Under ~ 3301(d) of the Divorce Code on
counsel for Defendant, John Fenstermacher, by first class mail as follows:
John Fenstermacher, Esq.
5115 East Trindle Road
Mechanicsburg, P A 17055
Date v1 & .i'l:>
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Angeli' evelant
Certified Legal Intern
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Robert E. Rains, Esquire
Lucy Johnston-Walsh, Esquire
Anne MacDonald-Fox, Esquire
Thomas Place, Esquire
Supervising Attorneys
F AMIL Y LA W CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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KRISTIN MUNDORF,
P lainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-5171
CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE / CUSTODY
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(d) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true. and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
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KRISTIN MUNDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-5171 CIVIL TERM
DOUGLAS MUNDORF,
Defendant
CIVIL ACTION-LAW
DIVORCE / CUSTODY
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
I. Ground for divorce: irretrievable breakdown and separation for two years under
S 3301(d) of the Divorce Code.
2. Date and manner of service of the complaint: Service on Defendant by certified, return
receipt requested, restricted delivery on October 4,2005.
3. Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required by S 3301 (c) of the Divorce
Code: by PlaintiffN/A ; by Defendant N/A
(b)(]) Date of execution of the affidavit required by S 330 I (d) of the Divorce Code:
Februarv 3, 2006:
(2) Date of filing and service of the plaintiffs affidavit upon the respondent:
Filed and served Februarv 3. 2006.
4. Related claims pending: None.
. ~
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice ofIntention to Request Entry of Divorce
Decree, a copy of which is attached: N/A.
(b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: Februarv 3, 2006.
Date defendant's Waiver of Notice was filed with the Prothonotary: February 27,2006.
Date
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Angelica evelant
Certified Legal Intem
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Robe ains, Esquire
Lucy Johnston-Walsh, Esquire
Anne MacDonald-Fox, Esquire
Thomas M. Place, Esquire
William G. Martin, Esquire
Supervising Attomeys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
(717) 243-3639
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
KRISTIN MUNDORF,
No.
5171
plaintiff
VERSUS
T1nfT~T..nc;
MTlJ\H)ORF' .
n~fpn,4.::!nt-
DECREE IN
DIVORCE
7.005
AND NOW,
~
, ';zooc" , IT IS OROERED AND
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DECREED THAT
KRISTIN MUNDORF
AND
nnfT~fA~ MTlNTlnRF'
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
, DEFENDANT,
THE COURT RETAINS JURISOICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL OROER HAS NOT
YET BEEN ENTERED;
NONE
B' THE COU~ j
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PROTHONOTARY
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