The URL can be used to link to this page

Home My WebLink About07-5948IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Scott A. Holtry, Civil Action - Law Plaintiff V. No. &I l I rlrA Rebecca L. Holtry, Defendant In Divorce a.v.m. 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 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 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 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. Pennsylvania Bar Association - Lawyer Referral Service Telephone 1-800-692-7375 (PA ONLY) or 717-238-6715 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. IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Scott A. Holtry, Plaintiff V. Rebecca L. Holtry, Defendant Civil Action - Law No. &4 5y?+P (?.., In Divorce a.v.m. COMPLAINT UNDER SECTION 3301(A) OR 3301(C) OR 3301(D) OF THE DIVORCE CODE COUNTI DIVORCE 1. Plaintiff is Scott A. Holtry, a sui juris adult, who currently resides at 9 Shuman Road, Newburg, Cumberland County, Pennsylvania. 2. Defendant is Rebecca L. Holtry, a sui juris adult, who currently resides at 9 Shuman Road. Newburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment of marriage between the parties except the action represented by this Complaint. 6. The parties were married on September 24, 1988. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor Defendant is a minor or incompetent. 9. 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. COUNT II EQUITABLE DISTRIBUTION SECTION 3502 10. The allegations of paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 11. The parties have been unable to determine and equitably dispose of their respective rights and interests in the marital property. 12. Plaintiff will, within 60 days after service of this Complaint upon the Defendant, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Complaint is filed. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code. Respectfully submitted: TRGOV LAW)OFFICE Da e: `dd By: M. TERI HALL STILTNER, ESQUIRE Attorney I.D. No. 86337 The Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 (717) 262-9091 Attorney for Plaintiff -ff?- ii d 7 r Q ni ?T ?«i• ??3? t:^:1 Tt^? IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Scott A. Holtry, Plaintiff V. Rebecca L. Holtry, Defendant Civil Action - Law No. 07-5948 Civil Term In Divorce a.v.m. PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Rebecca L. Holtry, in the above- captioned matter. WEIGLE & ASSOCIATES, P.C Dated: 10 -- IT?6?1 Jerry A. Wcjgle, Esquire Attorney ID #01624 126 East King Street Shippensburg, PA 17257 (717)532-7388 r- WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 .;.? ?,.. oic? w IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Scott A. Holtry, Civil Action - Law Plaintiff V. No. 07-5948 Civil Term Rebecca L. Holtry, Defendant In Divorce a.v.m. PRAECIPE TO ATTACH VERIFICATION To the Prothonotary: Kindly attach the enclosed verification to the Divorce Complaint filed in the above referenced matter on October 10, 2007. Respectfully Submitted: TRGOVAC LAW OFFICE Dat dv?7 By: IN . Teri Hall Stiltner, E quire Attorney I.D. No. 86337 The Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 (717) 262-9091 Fax: (717) 262-9095 Attorney for Plaintiff t I verify that the statements made in this Complaint are true and correct, and understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Scott A. Holtry N Q -n 7 t. Y? "1 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Scott A. Holtry, Civil Action - Law Plaintiff V. No. 07-5948 Civil Term Rebecca L. Holtry, Defendant In Divorce a.v.m. CERTIFICATION/AFFIDAVIT OF SERVICE OF COMPLAINT IN DIVORCE BY CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA ) 1 SS. COUNTY OF FRANKLIN M. Teri Hall Stiltner, Esquire, being duly sworn according to law, deposes and says that on the 12th day of October, '2007, she caused to be deposited in the U.S. Mail at Chambersburg, Franklin County, Pennsylvania for delivery to the above-named Defendant, Rebecca L. Holtry at 9 S uman Road, Newburg, Cumberland County, Pennsylvania by Certified Mail, Return Receipt Requested, a true and correct copy of the Complaint in Divorce in the above case. Said Receipt is attached hereto, made a part hereof and marked Exhibit "A". M. Teri Hall Stiltner, Esquire Attorney for Plaintiff Sworn to and subscribed befdre me this D day of _Cot,/ V 7, 20 Notary Public Notarial Seal Richard D. McCarty, Notary Public Chambersturg Boro, Franklin County My Commission Expires Jan. 29, 2011 SENMR: n ¦ Complete items 1 and/or 2 for additional services. y? ¦ Complete items 3, 4a, and 4b., LQ' ¦ Print your name and address can the reverse of this form so that we can return this card to you. ¦ Attach this form to the front of ?he mailpiece the back if space does not y permit. m ¦Write "Return Receipt Reques ed"on the n; 7Q0 Z ¦ The Return Receipt will show do whom the artic a q hef. 1 Q delivered. 1+3$ 0 3. Article Addressed to: 4a. A I I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address ti 2 2. ?. Restricted Delivery 0 O --^" It postmaster for fee. p p4 2y90 2854 m Et Certified ? insured ? COD L 0 3 y. requested Y c of s f- a 4b. Service Type vu-?n ? Registered • ( l /C7 b ? Express Mail v"t"• J, 4 Return Receipt for Merchandise 7. Date of Delivery l? Orf 5. R ived By: (Print Na e) 8. Addressee's Address (Only and fee is paid) 6. Sign ure: dressee or Agent) L 0 X a PS Form 3811, Decembe 9 1 ss-sa-B-022s Domestic Return Receipt ?? ?? c -rr ? ?-?! d.? -c--, ?!-' _ "f`' k? ?.; ? ; ;? t -? ?_ ,i ?.....y • 'J?4 .C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Scott A. Holtry Plaintiff Vs File No. 07-59481 IN DIVORCE Rebecca L. Holtry Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Pte/ defendant in the above matter, [select one by marking "x"] X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Rebecca L. Al leman , and gives this written notice avowing his / her intention pursu to the provisio 5 P.S 4. Date: J` OB ?*Ilwe- Signatur o e eing resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Cumberland) On the _aay of m:., jz , 200$, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set d hereunto set my hand and seal. _ /1 1 ) t- Public NOTARIAL SEAL. Jerry A. Weigle, Notary Public Shippensburg, PA Cumberland County Commission Expires October 7, 2010 r- _? ? u, ???? ?? i ?a $. ? ? . ?,r•y c- ? ? ??? ?? ._.. .u,... r is ;+ `' >.* ? _.i .d:) w ?. V' ' lt-+? ?" 'a ?? . r. IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Scott A. Holtry, Civil Action-Law Plaintiff, vs. No. 07-5948 Civil Term Rebecca L. Holtry, Defendant In Divorce AFFIDAVIT OF CONSENT 4. A Compliant in Divorce under Section 3301(c) er 3301(d) of Divorce Code :vas filed on October 10, 2007. 5. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 6. 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 the 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. Date: U Rebe a . oltry c? ;: .? .-- ? W ? ? ?. . _. , -..? ` ?, ? ? .? C.f1 Ci > IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Scott A. Holtry, Civil Action-Law Plaintiff, vs. No. 07-5948 Civil Term Rebecca L. Holtry, Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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 the Waiver 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. Date: 0 Rebe Ho11try gn IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Scott A. Holtry, Civil Action-Law Plaintiff, vs. No. 07-5948 Civil Term Rebecca L. Holtry, Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Compliant in Divorce under Section 3301(c) or 3301(d) of Divorce Code was filed on October 10, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 the 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. Date: C?W Scott A. Holtry S ::J { CD IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Scott A. Holtry, Civil Action-Law Plaintiff, VS. No. 07-5948 Civil Term Rebecca L. Holtry, Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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 I 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 the Waiver 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. Date: / h ) 9 8 Z,6,Ra &?&7 - -7? Scott A. Holtry ?? ,? ° Pi, 9 ? ?.. " ° '.'1 ..??°?aa °t 1 ri? ? ? . __ N` ?, ? r "? IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Scott A. Holtry, Plaintiff, VS. Rebecca L. Holtry, Defendant. To the Prothonotary: Civil Action-Law No. 07-5948 Civil Term In Divorce PRAECIPE FOR WITHDRAWAL You are hereby directed to mark as withdrawal the following counts and claims for relief: 1. Count III-Equitable Distribution under section 3502 of the Divorce Code. This issue has been settled pursuant to a private agreement between the parties. Respectfully Submitted: By: I- L" t 4 i; ? - Date: 4/2161 M. Teri Hall Stiltner, Esquire Attorney I.D. No. 86337 The Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 (717) 262-9091 Fax: (717) 262-9095 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Scott A. Holtry, Plaintiff, Civil Action-Law VS. Rebecca L. Holtry, Defendant No. 07-5948 Civil Term In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant accepted service of the Complaint on October 10, 2007. An Affidavit of Service was filed by Plaintiff's counsel on November 1, 2007. 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 Plaintiff on November 19, 2008 by Defendant on October 28, 2008. (b) (1) Date of execution of the affidavit required by § 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs affidavit upon Respondent: ; 4. Related claims pending: Settled by private agreement 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: November 24, 2008. Date Defendant's Waiver of Notice was filed with the Prothonotary: November 13, 2008. Respectfull Submi d: Teri all Stiltner, Esqu' e Attorney for Plaintiff ??;? ? ?' - "'; ? -may;TS . _ .1 ??y?.,? ,? --? z ._ ' ? _.. N ? Si'; «:.?° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Scott A. Ibltry, Plaintiff, V. Rebecca L. tbltry, Deferrimt, : NO. 07-5948 civil DIVORCE DECREE AND NOW, Ot ttw+ ayc ?( 106 , it is ordered and decreed that Scott. A.IPbltry , plaintiff, and Rebecca L. Alkm(fomally IDltry) , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") the tenrn of the Ptopertey and Separation Agrearimt dated.Crtober 1, 2008 rmy be irmrporated, but shall not Yee merged into this decree. By the Court, Attest: J. 'Pr honotary ?' ?"` 1 ' ?_ .,? _ ? .?r-.. °