HomeMy WebLinkAbout00-01328
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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RANDY A. HOLMAN,
Plaintiff
No.
2000-1328
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VERSUS
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AMY LYNN HOLMAN,
Defendant
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DECREE IN
DIVORCE
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AND NOW, /Yla.u.A -z-c
RANDY A. HOLMAN
,Zed/ , IT IS ORDERED AND
DECREED THAT
, PLAINTIFF,
AMY LYNN HOLMAN
, DEFENDANT,
AND
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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.
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PROTHONOTARY
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RANDY A. HOLMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION . LAW
AMY LYNN HOLMAN
Defendant
: NO. 00 . 1328 CIVIL TERM
QUALIFIED DOMESTIC RELATIONS ORDER
The parties having reached an agreement as to the division of certain employee retirement and
stock option benefit plans in which Randy A. Holman is a participant;
IT IS HEREBY ORDERED. ADJUDGED AND DECREED that a division and dispositinn
of the Plans identified below shall be and is made according to the provisions of the domestic relations
law of the State of Pennsvlvania and of Sections 40 I (a) (13) ami.. I 4(p) of the Internal Revenue
Code of 1986, as amended ( hereinafter the "Code"), relating to Qualified Domestic Relations Orders
as follows:
[, The Court finds and concludes that Randy A, Holman, (hereinafter the "Participant")
is a vested participant and has interests in and accoullts under two certain employee benefit plans
known as the R,M, Shoemaker Holdings, Inc, Profit Sharing Plan (hereinafter, the "PSI''') and the
R,M, Shoemaker Hoidings, Ine. Employee Stock Ownership Plan (hcreinafter the "ESOP"),
Participant's social securitv Illunher is 211-58,5195,
2, Amy L. Holman, (hereinafter the "Alternate Payee") is the former spouse of Participant
and is hereby designated as an alternate payee of Participant's interests in and accounts under the PSP
and the ESOP pursuant to Sectinns 401(a) (13) and 4[4(p) ofth" Code, to the extent provided in this
Qualified Domestic Relations Order. Alternate Payee's social securitv number is 198-52-1646,
3,a, The Employee Stock Ownership Plan
The parties agree that the Statement of Account for thc Plan Year ending December
31, 1999 reflects the aggregate shares in the Participant's account at the parties' separation date of
Mav I, 2000, The parties agree that Alternate Pavel' is entitled to fiftv-five (55) percent of
Participant's vested account balance of $12,919,78, or $7,105,88, However, the parties are aware that
only a portion of the account balance is distributable until the Securities Acquisition Loan is paid in
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full and the Leveraged Employer Stock becomes availalllc. The Leveraged Employer Stock wiH become
available ['Jr distribution at the dose of the Plall Year of 1002 unless ae<.-e1erated,
Tbe portion of the account balancc which is distributable currentlv is $4,864,70, Alternate
Payee's entitlement is fiftv-five (55) percent of $4,864,70, or $2,675,60,
The Leveraged Employer Stock portion of the account balance as of the applicable statement is
$8,055,08, Alternate Pavee's future cntitl<-lI1ent is fiftv-five (55) percent of $8,055,08, or $4.430.30,
The parties are a\-vare that fluctuatiolls in the stnr.:k valut' hy the Plan Year end of 2002 may raise or
lower these amoullts,
Therefore, it is herebv ordered that Altomate Pavee sball have and receive, and ESOP
Administrator and/or Trustee is directed to pay to AJ-ternate Payee from, Participant's account under
ESOP promptlv after execution and entrv of this Qualified Donwstic Relation Order, the Single Sum
Pavment of $1,675.1iO,
Furthermore" it is hereby ordered th8.t Altern:ltc Pavec shall have and- receive; and ESOP
Administrator and/or TrustcE' is directed to pay to AlternatE' Payec from Participant's account a second
lump stun payment of fifty-five (55) percent of the remaining balance (Leveraged Employer Stock)
which becomes distributable at the end of Plan Year 2002 unless accelerated, However, Alternate
Pavee recogni1es that Section 9,05 of the ESOP precludes persons other than the Participant from
dcsi~natin~ a Prospective Benetkiarv, t\lterhate-!'avee fnrthE'n.t'c(i~nizes that llpOl\ herde;,th, anv
remaining interest that Altcrnate Payee has under the ESOP shall be merged in1:O the Partici.patlt's
interest should Participant still be living and remain a l\wticipant. If the Partidpant is no longer
living, or is living but is no longer a Participant at the time of the (te~lfh of Alternate Payee, the
rcmaining interest of the Alternate Payee shall be t,)rfeited,
3,b, The Profit Sharin? Plan
The parties a~lt'c that the RetircnwlH S"vin!!;s Statement for the period May I, :WOO
to lV1ay 2, 2000 is the statement issued dosest to the partie'S' separation date. The pa11ies ~fgrce that
Alternate Pavee is entitled to fifty-five (55) percent of Participant's vested account balance of
$ I 4,765. i 4, Fifty-five percent of that amount equals $8. i20,83,
It is hereby ordered that Alternate Payee shall have and receive, and PSP ^dmil)istrator and/or
Trustee is directed to p;_'y to ^lternatc Payce' frnm Particip<Hltis ;{CCOUllt Hilder p~)p promptly after
execution and ell try (If thi!) Qualified DOlHeo;;tic Relations Order, the single sunl pa)'l1knt of $8,120.83.
4. In thr event of the Participant's death prinr to thE' A1t.t'rnatt~ Pa.\'t't"s receipt of th~
Single SUIll Payment pursuant to Paragraphs 3a and 3b above, the Alternate Payee ~hall be treated, in
accordance with Section 414(p)(5) of the Code, as till' slIf\'ivillg spouse of the Participant for purl'''':cs
of and under the Plans with regard only to the ulI}"lCf.hJ Cl:llI(Ii.Ult, if <1I\Y, of the Single Sum Payment of
$2,675,60
5. The Ilame and last 1<..110\"'11 rnaiting addrc.ss of the Participant are (l,,s follows:
Randl'L. Holman
256 Horseshoe Road
Carlisle, PAl 7013
S5N 21 ]-58-5195
6. The name and mailing address of the Alternate Pavee arc as foJ1ows:
AmI' L. Holmall
39 j\;1Clrilvl1 Drive
Carlisle, PA 1 iOl3
SSN 198-52-1 M6
7, The Plans to which this Qualified Dome:;tic Rc!at;olls Order relater, ore the R,M,
Shoemaker Holdings, Inc. Profit Sharing Plan ami the R,iV\, Shoe:m,!cer Beldings, Inc. Employee StOck
Ownership Plan,
8. Nothing ill this Order shall be cOllstrllcd tJ) require the Plans to pr(wide ~~IlY type or
fonn of benefit, or any option, not otherwise provided tllldE'r the Pians or to provide benefits to the
Alternate P;lyee in amounts that exceed the cllllOl1l1t of bencfits that the- Plans ,"vould be required to pay
with respect to the Participant if the Order did not applv, Except for the interest awarded herein to
the Alternate Pavee as an a1temate pavee, this Qua!il'ic-d Dome,;tic Rclatiol1s0rder shall have no effect
on the Participant's remaining interest in and accounts under the Plans. The /\lternate P~:v.('e shall not
be entitlE'd to Participant's interests in the Plans that are alrE'ady required to be paid to another
alternate pC'lyee under another domestic relations order previously determined to l1e a Qualified
Domestic Relations Order; however, the Participant has represC'llted that no such ~1revious domestic
relatiolls order exists.
9, The I\ltcrnate Pavee shallnotifv in writing the plal1 administrator and/or trustee of the
Plans of any changes in her mailing address.
10. It is the lntcntioli uf the l\ltcrnatc Payee and the Parlidpant that this Ofd-:;r shall
qualify as a Qualified Domestic Relations Order within the meaning of Section 414 (1') of the Code
and Section 206(d) en (B) of tilt' Employee Rt'tiremenf. l"colllc SecHrily ;\ct of i 974, a, amended
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(hereinafter "ERISA"), and that whenever the provisions hereof arc inconsistent with the definition of a
Qualified Domestic Relations Order as mav be contained from time to time in the Code or ERISA,
this Order shall be amended, from time to time as may be necessary, to comply with the requirements
for Qualified Domestic Relations Orders under the Code and ERISA or regulations promulgated
thereunder and to cause this Order to be accepted as a Qualified Domestic Relations Order bv the plan
administrators of the Plans, The Court retains jurisdiction to amend this Order to so comply,
I I, It is hereby ordered that a true copy of this Qualified Domestic Relations Order be
served upon the plan administrators an,Vor the trustees of the Plans and that this Qualified Domestic
Relations Order shall be binding on the plan administrators and the trustees according to the laws of
the State of Pennsylvania, the Code and ERISA. The Participant and the Alternate Pavee are ordered
to complv with the terms and spirit of this Qualified Domestic Relations Order.
12, The Court further retains jurisdiction to supervise implementation of this Qualified
Domestic Relations Order and those provisions of the parties' Decree of Divorce regarding division and
disposition of the Participant1s interest ill and accounts under the Plans, and to enter sllch other orders
hereafter as mav be required to implement fullv this Order and any subsequent Orders of the Court
regarding the Plans,
SO ORDERED this 2-0 r day of
r"l?~
,2001.
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RANDY A. HOLMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1328
CIVIL TERM
AMY LYNN HOLMAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
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 under ~ 3301(c) 3381(d) of the Divorce
Code, (Strike out inapplicable section).
2. Date and manner of service of the Complaint. Service was made on March 13, 2000
by certified, restricted mail and signed for by the Defendant.
3. (Complete either paragraph (a), or (b),)
(a) Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce
Code: by the Plaintiff: February 16,2001; by the Defendant: February 26,2001.
(b) (I) Date of execution of the Plaintiff's Affidavit required by ~ 3301(d) of the Divorce
Code:
(2) Date of servIce of the Plaintiff's Affidavit upon the 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, and a copy of which is attached:
(b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as
required by ~ 3301(c) of the Divorce Code: by the Plaintiff: February 16, 2001; by the
Defendant: February 26,2001. / 7 /'
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Date: March 12, 2001 \ r
Thomas S, Diehl, Esquire
Attorney for Plaintiff
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RANDY A. HOLMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. 00- /3;;...1
CIV'a TERM
AMY LYNN HOLMAN,
Defendant
: CIV'a ACTION - LAW
: IN DIVORCE
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 divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the
Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TIllS 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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RANDY A HOLMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 00- /3:J. 'if
CIVIL TERM
AMY LYNN HOLMAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF
THE DIVORCE CODE
The Plaintiff, Randy A Holman, through his attorney, Thomas S. Diehl, makes the
following Complaint in Divorce, and, in support thereof, avers as follows:
1. The Plaintiff, Randy A Holman, is an adult individual who currently resides at
256 Horseshoe Road, Carlisle, Cumberland County, Pennsylvania 17013.
2, The Defendant, Amy Lynn Holman, is an adult individual who currently resides at
256 Horseshoe Road, Carlisle, Cumberland County, Pennsylvania 17013,
3, The Defendant and the Plaintiff have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4, The Plaintiff and the Defendant were married on June 3, 1995 in Rebersburg,
Centre County, Pennsylvania,
5. There have been no prior actions of divorce or for annulment between the parties.
6. The Defendant is not a member of the Armed Forces of the United States of
America or its Allies.
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7, The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling, Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
WHEREFORE, the Plaintiff, Randy A. Holman, respectfully requests your Honorable
Court to enter a decree in divorce pursuant to 23 P.S. ~3301(c) or ~3301(d) of the Divorce Code.
Respectfully submitted,
Date: 1.~' g- DO
homas S. Diehl
Attorney for the Plaintiff
401 East Louther Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 240-0893 - FAX
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VERIFICATION
I verifY that the statements made in this Complaint 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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OLMAN, Plaintiff
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RANDY A. HOLMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v,
: NO. 00-1328
CIVIL TERM
AMY LYNN HOLMAN,
Defendant
: CIVlL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 15th day of March 2000, comes Thomas S. Diehl, Esquire, Attorney for
the Plaintiff, Randy A. Holman, and states that he personally mailed a certified copy of a
Complaint in Divorce to the Defendant, Amy Lynn Holman, at 256 Horseshoe Road, Carlisle,
Pennsylvania by certified, restricted delivery, return-receipt requested. A copy of said receipt is
attached hereto indicating service was made on March 13,2000.
Respectful
mitted,
homas S, Diehl
Attorney for the Plaintiff
401 East Louther Street, Suite 103
Carlisle, P A 17013
(717) 240-0833
(717) 240-0893 - FAX
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Z 339 067 255
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
s~ L. HOlMAN
Street & Number
256 HORSESHOE ROAD
P~t~"E~ zlFpCj\de 17013
Postage
$ .55
1.40
Certified Fee
Speda! Delivery Fee
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C;; SENDER:
" . Complete items 1 and/or 2 for additional services.
U; . Complete lIems 3, 4a, and 4b.
(I) . Print your name and address on the reverse of this form so that we can return this
~ card to you.
.(1) . Attach this form to the front of the mailpiece, or on the back il space does not
! permit.
. Write "Return Receipt RequestedN on the mailpiece below the article number.
(I) . The Return Receipt will show to whom the article was delivered and the date
:5 delivered.
g 3, Article Addressed to:
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1ii AMY L. HOlMAN
ii.
~ 256 HORSESHOE ROAD
CARLISLE, PA 17013
8. Addressee's Address (Only if requested
and fee is paid)
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RANDY A. HOLMAN,
Plaintiff
: IN THE COURT OP COMMON PLEAS OP
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1328
CIVIL TERM
AMY LYNN HOLMAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
I.
8, 2000,
A complaint in divorce under S3301(c) of the Divorce Code was filed on Marcch
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a Pinal 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. S 4909 relating to unsworn
falsification to authorities. ,/
Date: d [",Lv, 10'
(
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a Pinal Decree in 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 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, S 4909 relating to unsworn
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A L OLMAN, Defendant
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RANDY A. HOLMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1328
CIVIL TERM
AMY LYNN HOLMAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
I.
8, 2000.
A complaint in divorce under S3301(c) of the Divorce Code was filed on Marcch
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a Final 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. S 4909 relating to unsworn
falsification to authorities.
Date:
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OLMAN, Plaintiff
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a Final Decree in 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 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. S 4909 relating to unsworn
falsification to authorities.
Date: G//~/O/
, ,
OLMAN, Plaintiff
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RANDY A. HOLMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
AMY LYNN HOLMAN,
Defendant
: No. 00- 1328 CIVIL TERM
PRAECIPE FOR ENTRY OF APPEARANCE
To: Curtis Long, Prothonotary
Kindly enter my appearance on behalf of Amy Lynn Holman, Defendent in the above matter.
Dated: March 17,2000
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