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HomeMy WebLinkAbout05-5695 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS- - .5lc.,9,5 C'u.JLllEfi..-VT\ LAURIE MENTZER Plaintiff, EDWARD MENTZER Defendant. CIVIL ACTION - LAW IN DIVORCE NOT ICE 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 LAURIE MENTZER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - S'te.9$ (l;L>~L 't-82..Xy"\ CIVIL ACTION - LAW IN DIVORCE EDWARD MENTZER, Defendant. NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6[; - !;1c.9S Ciu~L~Efi....~ CIVIL ACTION - LAW IN DIVORCE LAURIE A. MENTZER Plaintiff, EDWARD MENTZER, Defendant. COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LAURIE A. MENTZER, by and through her attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is LAURIE A. MENTZER, an adult individual who currently resides at 100 Valley Road, Summerdale, Cumberland County, Pennsylvania 17093 2. The Defendant is EDWARD MENTZER, an adult individual who currently resides at 117 Donald Avenue, Middletown, Dauphin County, Pennsylvania 17057. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 23, 1998 in Camp Hill, Cumberland County, Pennsylvania, 5. The Parties separated on September 26, 2005 when the Defendant left the home by his own free will. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a) (6) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. 19. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a) (6) of the Divorce Code. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 21. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 22. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 23. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. COUNT V ALIMONY 24. The Defendant rendered Plaintiff destitute when he removed himself from the marital home. Plaintiff lacks reasonable sufficient property to provide for her reasonable needs in accordance with any standard of living, let alone the standard the parties established during their marriage. 25. As Plaintiff currently works part-time two (2) days a week or as needed, she is unable to support herself in accordance with the standard of living of the parities established during through appropriate employment. 26. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT VI ALIMONY PENDENTE LITE 27. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 28. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff respectfully requests that the Court Order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. Respectfully Submitted, Dated: October 28, 2005 THE LAWOF~ICES OF SHANE B. KOPE c~5E: VERIFICATION I, Laurie Mentzer, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: /01916) (J ~:7- ~ ;:J\.J --":;. ~ Q..j - f\-'\ w .c~ \) ? C> _. . ~ - U"( \) ~ w Q '\) \) C' ..t:. \ -:t ~)J r ::t) t~ ---f:.. Q VI n ~.; ....' ~ ~ ..:.r'l. _ -::l ~ i"hfJ -0 tT1 ~n (,""J .;":.}0 ---",..,", ;--'::"i:n ;::~?:' ) ~ji'n .\ ~; .< /" ,~} ~ \ N -r) ::;. 0) ....J THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff LAURIE A. MENTZER Plaintiff, : IN THE COURT OF COMMON PLEAS :CUMBERLANDCOUNTY, PENNSYLVANIA vs. NO. 05-5695 EDWARD MENTZER, Defendant. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 7th day of November, 2005, I served a true and correct copy of the foregoing Complaint in Divorce via certified and regular U.S. First Class rnail, postage prepaid, addressed as follows: Edward Mentzer 117 Donald Avenue Middletown, PA 17057 Shan e, Esq. /.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) ~~ -",', ....0 c::~ ...-' .~., C) ., .--\ -r [-;1__' r--- 1;:0 ;.c. '." " , -"n .-,,'1 , r'" f'~1 c.n c.,~ THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff vs. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5695 LAURIE A. MENTZER Plaintiff, EDWARD MENTZER, Defendant. CIVIL ACTION - LAW IN DIVORCE PREACIPE TO WITHDRAW DIVORCE COMPLAINT TO THE PROTHONOTARY: Please withdraw the Divorce Complaint in the above-captioned matter without prejudice. Respectfully Submitted THE LAW OFFICES OF SHANE B. KOPE ~::,,~~~ ID # 92207 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 ,...> => 2~ Cl 1"'1 " l'~ --0 ::l: ':? ~ .... ~~ "0.0 -r] i, ~:.-:3~)i \~t.~ u .'-{ 1>- :E! -'