Megan S. Winderl
MARKETTE & CHOUINARD, P.C. 601 South First Street
P.O. Box 515
Hamilton, MT 59840
( 406) 363-1110
Megan W@mcpcattomeys.com
Attorneys for Petitioner
MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY, STATE OF MONTANA
RUSSELL ALAN ZACHA,
Petitioner,
vs.
JOSHA B. ZACHA,
Respondent.
Cause No.: DR-21-33
Dept. No.: 2
SUMMONS AND TEMPORARY ECONOMIC RESTRAINING ORDER BY CLERK OF COURT
THE STATE OF MONTANA SENDS GREETINGS TO THE ABOVE-NAMED RESPONDENT:
YOU, THE RESONDENT, ARE HEREBY SUMMONED to answer the Petition in this action which is filed in the office of the Clerk of the above-named Court, a copy of which is served upon you with this Summons, and to file your answer and serve a copy of your answer upon the Petitioner within twenty-one (21) days after the service of this Summons, exclusive of the day of service.
If you fail to appear or answer, judgment will be taken against you by default for the relief demanded in the Petition.
TO PETITIONER AND RESPONDENT:
Pursuant to Mont. Code Ann. §40-4-121(3), the Petitioner and Respondent are hereby restrained from transferring, encumbering, pawning, pledging, hiding, or in any way disposing of any property, real or personal, whether jointly or separately held, without either the consent of the other party, or an order of the court, except in the usual course of business or for the necessities of life. Each party must notify the other of any proposed extraordinary expenditures at least five business days before incurring the expenditures and must account to the court for all extraordinary expenditures made after service of the summons.
This restraining order does not prevent either party from using any property to pay reasonable attorney fees in order to retain counsel in the proceeding.
Petitioner and Respondent are further restrained from cashing, borrowing against, cancelling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability coverage held for the benefit of a party or a child of a party for whom support may be ordered.
This temporary restraining order shall continue another order of the Court is issued either amending or vacating this temporary restraining order.
VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE
UNDER MCA §§ 45-5-220 OR 45-5-626.
DATED this 22nd day of February, 2021.
PAIGE TRAUTWEIN
Clerk of Court
BS 7/21, 7/28, 8/4