Loading...
HomeMy WebLinkAbout04-1491 WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004 .I4CJtIVIL TERM JOANN L. HOLTRY, Defendant IN DIVORCE NOTICE 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 in 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 Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 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 717-249-3166 1-800-990-9108 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 befure 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. WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004 - \~~IVIL TERM JOANN L. HOLTRY, Defendant IN DIVORCE COMPLAINT m DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the Plaintiff, William 1. Holtry, Sr., by his attomey, Marcus A. McKnight, III, Esquire, and files this Complaint in Divorce against Defendant, JoAnn 1. Holtry, representing as follows: I. The Plaintiff is William 1. Holtry, Sr., an adult individual residing at 12 Rambo Hill Road, Shennans Dale, Perry County, Pennsylvania 17090. 2. The Defendant is JoAnn 1. Holtry, an adult individual residing at 21 Field Crest Drive, Cumberland County, Mechanicsburg, Pennsylvania 17050. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on February 14, 1974, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Date: April 7,2004 Mar s A. Me t, III, Esquire Atto ey for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court J.D. No. 25476 VERIFICATION The foregoing Complaint in Divorce is based upon infonnation which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. CJ;JL :IlL {;j::,--J" WILLIAM L. H~~lR. Date: April 7,2004 WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004 - CIVIL TERM JOANN L. HOLTRY, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that 1 may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. Date: April 7, 2004 wh~ -i -1L fJfh--t. WILLIAM L. HOLT~~ -pr:J \\-f- ~t ~- ~ ~ - ..0 ~ l.( C) ~ r J -', ' /' c_ ~ c' ~ '''1 :-::J ,',- :, '-.\...c...'..'.Q>.... -') 'I) - '. ;'- r\; '-;-? --j -, .r-- 0'\ -~._...__..--_.~---_._'-"-- : IN THE COURT OF COMMON PLEAS OF WILLIAM L. HOLTRY, SR., Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW 2004 . 149Jl CIVIL TERM JOANN L. HOLTRY, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, ill, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce: was served upon the defendant, JoAnn L. Holtry, on April 8, 2004, by certified, restricted delivery mail, addressed to her at 21 Field Crest Drive, Mechanicsburg, Pennsylvania 17050, with Return Receipt Number 7002 0860 0000 10744407. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 1 fa. c. S. Section 4904, relating to unsworn falsification to authorities. MARC SA.Mc Attorney for Plaintiff Date: April 12, 2004 f'- <:I :r :r U S Post.!l , J , CERTIFIED MAIL RECEIPT (DOfT1u.stlc Mati Only No IllsurallCL' Covefdgc Provided) :r f'- <:I r'I 'lM FaoEml C d 7 ,<23 ~,'3 c ,75 _lleIvelyFee 3. :50 R..~'""l ~ _......a_ $ %, ~% '" . Ir I ~ '0 f'- ~t;i..giE~~!:~IVE""""''''= ..-....~.-......lljt..... Jg~,\\.CfBIIllr:: ..I.'.A...J.Z0511....__1m. ...---......----+.W..--- ................~..... <:I <:I <:I <:I Postage $ Certified Fee <:I ..Jl Return ~Fee PS Form 380(\ :\1, ' ;Jon? '" [1, Vi'r , . , I" '1 , lions . 60mplete Rems 1. 2, and 3. Also complete Rem 4 ~ Restricted Delivery Is desired. . Print your name and address on the reverse 10 that we can return the card to you. . Attach this card to the back of the mallplece, or on the front If space permits. 1. ArtIcle Addressed to: D. Is delivery addn!lSS different from item 17 If YES, entel' delivery address below: lIS JOAlOI L. HOLTRY 21 fiELD CREST DRIVE IIIlCIWO:CSBURG PA 17050 3. Service Typ4~ Cl Certlflsd Mall D Reglotsnld DI 1111' D Express Mail II Return Receipt for MerchendIM 638.1.1iI. . Restricted Delivery? (Extra Fee) Cl "'"' ""':) 2. MIele Number (Transfer from serviCI PS Form 3811 . August 2001 7002 0860 0000 107~ ~~07 Domestic Return Receipt 102595-Q2-M-1035 r-~~ "t.: ;;;c ~(j c: ~ C) r '--' i5;; a rv "-> r.~ '''> .&.- o -,., '--j :r f'i'j :n r--' -nrn E!5? ~;:!:~~ ""'" -v ::v '" --;0 WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOANN L. HOLTRY, Defendant 2004 - 14~)1 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 27th day of April, 2004, comes the Plaintiff/Petitioner, William L. Holtry, Sf., by his attorneys, Irwin & McKnight, and makes the following Petition for Special Relief: I. The Plaintiff/Petitioner is William L. Holtry, Sr.., an adult individual who resides at his daughter's home situate at 12 Rambo Hill Road, Shermansdale, Pennsylvania 17090. 2. The Defendant/Respondent is JoAnn L. Holtry, an adult individual residing at the marital home located at 21 Field Crest Drive, Mechanicsburg, Pennsylvania 17050. 3. The parties were married on February 14, 1974 in Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. In recent months the Defendant/Respondent, JoAnn L. Holtry, has become emotional, depressed and subject to wide mood changes. 5. In December of 2003, the DefendantJRespondent became angry and struck the Plaintiff/Petitioner on his head with a bowl of cereal. 6. On February 20, 2004, without waming, the RespondentJDefendant demanded that the Plaintiff/Petitioner leave the marital home or she would call the police and accuse him of abusing her. 7. The marital home is jointly owned by the parties and is without any mortgage and has a value of One Hundred Twenty Thousand and no/lOO ($120,000.00) Dollars. It has a rental value of Nine Hundred and nollOO Dollars ($900.00) per month. 8. The DefendantlRespondent has failed to pay the PlantifflPetitioner half of the rental value in the amount of $450.00 per month and continues to refuse to list the property for sale with a realtor. 9. The PlaintifflPetitioner seeks one-half of the fair market rental value of the marital home if the RespondentlDefendant refuses to list it for sale with a realtor. 10. The PlaintifflPetitioner also seeks payment of his reasonable counsel fees in the amount of Five Hundred and nollOO ($500.00) Dollars. WHEREFORE, the PlaintifflPetitioner, William L. Holtry, Sr. seeks the relief requested above. Respectfully submitted, m",N&~ By dM'Kn;t:E.q";re 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Supreme Court LD.: 25476 Dated: April~, 2004 Attorney for the PlaintifflPetitioner, William L. Holtry, Sr. VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. N~. J {/ifit-J, WILLIAM: L. HOLTRY, S . Date: APRIL 27 , 2004 WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOANN L. HOLTRY, Defendant 2004 - 1491 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I the undersigned hereby certify that on this2~ thday of April, 2004, a copy of the foregoing document was served by fIrst-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 III, Esquire ('") f; <~ ~\;: (!:! r: ~~z.~-, >C~ 2" =? ., ,...., <=> ~ ..,.. ~J ;:;0 ", ..,p ~ ~...,., f,'p -r;,t'Tl ::D rJ .,.,T ~O :r:\:j Ob .' en s1 7~ :.< ..", ...".. -"" t.~? r s:- WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Defendant : 2004 - 1491 CIVIL TERM : IN DIVORCE JOANN L. HOLTRY, DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW COMES, this 6th day of May, 2004, Defendant, Joann L. Holtry, by and through her Attorney, Jane Adams, Esquire. make makes the following response to Plaintiffs Petition for Special Relief: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that Joann Holtry has become emotional and depressed; however, this was due to the constant emotional abuse and poor treatment that she suffered due to her cohabitation with Plaintiff. It is denied that she had wide mood swings. 5. Denied. In December 2003, the parties were eating breakfast when Plaintiff began verbally abusing Defendant. Defendant became dismayed whereby Plaintiff said "go ahead and hit me" and Defendant walked out of the room. 6. Denied. Defendant has been the victim of constant and unrelenting verbal and mental abuse. On February 20, 2004, after suffering from a bout of deJPression due to the constant verbal abuse, she asked to speak with Plaintiff. He then left the marital home. Defendant asserts that he was planning on leaving the home for months due to the facII that he began separating the parties bank accounts in December 2003 without telling Defendant. After the parties separated, Joann Holtry sought assistance from MidPenn Legal Services. (Please see Exhibit I). 7. Denied. Defendant has no knowledge as to the value of the marital home or the rental value but would cooperate with an appraisal by a licensed professional. - # 8. Admitted in part, denied in part. Defendant does not refuse to list the property for sale with a realtor and this fact was communicated to Plaintiffs attomey on or about May 3rd, 2004. Defendant has not paid a rental value to Plaintiff due to the fact IIhat she is currently living on social security and a modest pension and her resources are extremely limited. Plaintiff has a much higher income and is currently living with a relative. Def(mdant asserts that the claim for rental value would be better determined after the sale of the marital home. 9. Admitted that Plaintiff seeks one-half fair market renllal value; however, Defendant does not refuse to list the home with a realtor. 10. Admitted that Plaintiff seeks counsel fees. However, Defendant is unable to pay Plaintiffs counsel fees and feels that such an award would be unjustified. Plaintiff has continued to harass Plaintiff and has refused to cooperate regarding this litigation. Plaintiff agreed at a support hearing to attend marital counseling and immediately thereafter filed this Special Petition for Reliefwithout contacting Defendant to request that the home be sold. Defendant indicated that she will cooperate with the sale of the marital home. Plainlliffs request for counsel fees is unjustified. . WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiff Petition for Special Relief. I:: ,,c L.( Date: -./ "J I -- Adartls, Esquire I . No. 79465 6 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT .... C!.; "". h u'.::.-.. ~dc:5 H:::l: QQ OG~ we.. -'UJ cc:r: l- ll,. o .. en ::c 0... S2 ~J<( t3~ ~\ ':::..J ~\C~ .J~ "ijiJ.J :~D.. :J () c.D I >- -:"':; :c ~ = = <---I - f APR 3 0 2004 ~. : IN THE COURT OF COMMON PLEAS OF WILLIAM L. HOLTRY, SR., Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004 - 1491 CIVIL TERM JOANN L. HOLTRY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this qtIJ day of "Yn/lAg-- , 2004, upon consideration of the attached Petition for Special Relief, a rule to show cause is issued returnable at a hearing which is scheduled for n ;;l, C; ,2004, in Courtroom No. :t._, at /0: (f7) o'clock 'b.m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 By the Court, -'" J. cc: 4.cus A. McKnight, III, Esq. / Attorney for Plaintiff <!ane Adams, Esq. Attorney for Defendant / > L~~J I . IR-1~> OS -1/ -I~ ~ '\fi!\\l\l),.S:\jN:;d i !k1n.....,.... r-\" ,", ""'-'Alfl:J I\.i./'i, (i".,\) 'j'-," .-:.:,'J; ~l . I I :/ HIV I I ^ t'l~ ~aal ;\bV.lONOHl.OUd 3H1. :10 3Jd:l()-{]3ll'J WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Defendant : 2004 - 1491 CIVIL TERM : IN DIVORCE JOANN L. HOLTRY, DEFENDANT'S PETITION FOR ADDITIONAL CLAIMS AND NOW COMES, Defendant, Joann L. Holtry, by and through her Attorney, Jane Adams, Esquire, and respectfully represents that: COUNT I - ALIMONY PENDENTE LITE I. Defendant/Petitioner in the above-captioned matter is Joann Holtry, who currently lives at 21 Fieldcrest Drive, Mechanicsburg, Pa. 17055. 2. Defendant's date of birth is February I. 1938. 3. Plaintiff/Respondent is William L. Holtry, Sr.. who currently lives at 12 Rambo Hill Road, Shermansdale, Pennsylvania, 17090. 4. Plaintiff's date of birth is August 17, 1927. 5. The Plaintiff and the Defendant were married on February 14,1974 in Mechanicsburg, Pennsylvania. 6. Plaintiff has heretofore filed a complaint for divorc(: as of the above-captioned number. 7. Defendant lacks sufficient property or income to provide for her reasonable means and counsel fees during the course of this litigation and is unable to support herself through appropriate employment. 8. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 9. The Plaintiff is financially able to provide for the reasonable needs of the Defendant. WHEREFORE, the Defendant requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT II - ALIMONY 10. Paragraphs I through 9 are herein incorporated by rderence. II. Defendant lacks sufficient property to provide for ht:r reasonable needs in accordance with the standard ofliving of the parties established during the marriage. 12. Defendant is unable to support herself in accordance with the standard ofliving ofthe parties established during the marriage through appropriate employment. 13. The Defendant is receiving retirement benefits and l:njoys a larger income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff in such sums as are reasonable and adl:quate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - EOUITABLE DISTRIBUTION OF PROPERTY 14. Paragraphs I - 13 are herein incorporated by reference. 15. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 16. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property. .. 17. Defendant is seeking an equitable division of all marital property. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property. both real and personal, owned by the parties hereto as marital property. COUNT IV - COUNSEL FEES. COSTS AND EXPENSES 18. Paragraphs 1 - 17 are herein incorporated by referelli~e. 19. Defendant is without sufficient funds to retain counsel to represent her in this matter. 20. Without counsel, Defendant cannot adequately prosl~cute her claims against Plaintiff and she cannot adequately litigate her rights in this matter. 21. Plaintiff enjoys a substantial income and is well abk to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Defendant requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Date: S . (9.0/ , 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. Date: ~f1~1 CERTIFICATE OF SERVICE I, Jane Adams, Esquire, hereby certifY that a true and correct copy of the within Petition has been served upon the following individual, by interoffice and United States Mail, first class, postage prepaid, in Carlisle, Pennsylvania on May 19, 2004. Marcus McKnight, Esquire Irwin & McKnight 60 W. Pomfret St. Carlisle, Pa. 17013 ATTORNEY FOR PLAINTIFF Date: I o/F/rY( '~ 1zt 1\darns, quire 36 . Pitt St. arlisle, Pa. 17013 (717) 245-8508 ATTOR1\iEY FOR DEFENDANT r~ ~ '- "- Ji v, )v - '" '" ~ ~ " ~ '" .,'. ~ is t.v t ~ n s= ~-? (....) co ", = ~ ~- r) "::il ;:::: :;:! 111:77 r-:"~ ~tJn-l iSY".- ~,;JO _.'_ r, ':':) ::!l ;~:... c5 (,:;irJ S;,f ~ -< \.0 y WILLIAM L. HOLTRY, SR., PlaintiflmRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION .. DIVORCE JOANN L. HOLTRY, Defendant/Petitioner NO. 2004-1491 'CIVIL TERM IN DIVORCE Pacses# 202106445 ORDER OF COURT AND NOW, this 3,d day of June, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.I. Shaddav on Jul. 6. 2004 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11 I[:) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 6-3-04 to: < Petitioner Respondent Jane Adams, Esquire Marcus McKnight, Esquire , 11 ,I, j Date of Order: June 3. 2004 ' L!:] . .......,~ : R. J :'Ladd, nference Officer ( .I YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 m ',}Nno o l]:S ~,!d ~1- f!:i~ ~GOl ),,:J\:Lur<C\,.J1Cu3 ;I~l j~)U:!O.{jjlH ,~ j\j WILLIAM 1. HOLTRY, SR., Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION .. LAW JOANN 1. HOLTRY, Defendant : 2004 - 1491 CIVIL TERM : IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Defendant, Joann 1. Holtry, in the above- captioned matter. Date: (p(J~O i By: .() J? .{? 1 e Adams, Esquire 6. S. Pitt St. Carlisle, Pa. 17013 I.D. No. 79465 (717) 245-8508 Please enter my appearance for the Defendant, Joann 1. Holtry, in the above- captioned matter. Date: 0/7-1 fA By: ~/VI~ M u Matas, Esquire 200 N. Hanover St. Carlisle, Pa.l70 J3 LD.No. (717) 243-5551 g "'" = ~ = "'~ ..,.. ~t'" C- -l n.rr c= ~:n ~:;t~ z We" ~~ ~~~ +" :I> :J:!...... :i;c5 :x 9....d ..('5 c: .c:.~m :z 1_) -4 =<! N :<> \D ~ WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOANN L. HOLTRY, Defendant : NO. 2004-1491 : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Defendant in the above matter hereby elects to retake and hereafter use her previous name of JOANN LOUISE DALPIAZ C},./k:)d '~ ~)LTRY . ~.,{. At · fjANN L. DALPIAZ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CllMbeflaV\eA On this 'fyrJ1' day of )r * In be..! , 2004, before me, the undersigned officer, I personally appeared Joann 1. Holtry, now known as Joann 1. Dalpiaz, known to me (or SS satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ otary P lie: 1:: ~ ~ ~ "- ~ ~ v. "\J c...\ ~ 'S. :, E --......,. ,-.,,,.- o _ S:' I~ut':'; ,,:)i-:: .-'-- :::~i r".: ..",- ~.> - ~' .. r:" '. " ')'(f/;I,~..:;-.;:,\.:. ,f<<-'''''-' "',~!.r r' ) I ""If'! ,,' ' t"',,'_ ~~ c~, . :V. ~.~>, ., c.v '. I\) 0) ....., 25 .c- U, '-"-1 \:J / '-J :::0 -"= P ,/ 5=l Iri'""r'> f":--' :0 f/1 _"t]\:;; Or< S~/$/ ,.::-).,C> ,~. . 'j i'~ ::x;, -"0;;: WILLIAM L. HoOLTRY, Plaintiff/Respondent IN THE CoOURT oOF CoOMMoON PLEAS oOF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTIoON - J)lVoORCE JoOANN L. HoOLTRY, Defendant/Petitioner NoO. 2004-1491 CIVIL TERM IN DIVoORCE pacses# 202106445 ORDER OF COURT AND NOW, this 15th day of October, 2004, upon consideration of the Petition for Alimony Pendente Lite andlor counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddar on November 24.2004 at 9:00 A.M. for a conference, at 13 N. Hanover SI., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 10-15-04 to: Petitioner < Respondent Marylou Matas, Esquire Marcus McKnight, Esquire 1: 1 fJL~'-"u Date of Order: October 15. 2004 R. J. Shadday, Conference Officer YoOU HAVE THE RIGHT ToO A LAWYER, WHoO MAY ATTEND THE CoONFERENCE AND REPRESENT YOOU. IF YoOU DoO NoOT HAVE A LAWYER oOR CANNoOT AFFoORD oONE. GO ToO oOR TELEPHoONE THE oOFFICE SET FoORTH BELoOW ToO FIND oOUT WHERE YoOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 ~ ,~.:? .,;;.- co -,-, (~;..? Cl ("), -, - (,)'\. --\I -"',~ !:-,.",,, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JOANN L. HOLTRY ) Docket Number 04-1491 CIVIL Plaintiff ) VS. ) PACSES Case Number 202106445 WILLIAM L. HOLTRY ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 16TH DAY OF NOVEMBER, 2004 IT IS HEREBY ORDERED that the (i) Complaint for Support or 0 Petition to Modify or 0 Other filed on JUNE 4, 2004 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER COMPLAINT FOR SPOUSAl, SUPPORT. THE CONFERENCE SCHEDULED FOR NOVEMBER 24, 2004 IS CANCELLED. ,) C' '1 c..:: :rg ~:r~ :-)~r ..-048 ~;no -.J :::J :::0 ...., (i) The Complaint or Petition may be reinstated upon written application of m.~inti1fl petitioner. ~ (3 r:Y -<z: w (/) -.J ...... = .::::> .=- ::z C) .c::: ~~T~ 4.. JUDGE Service Type M Form OE-506 Worker ID 21005 ---' ".- ..:.~~ I , :- ..~ ~~~: ~.:t c~ " :J I.' [ ..':'j "., :'S ""..... t.._"J -q :-;-J .J i{1.7J ,-" rn o (1 ") ~-- c:' (;.~) '. .. (.~; iT; WILLIAM L. HOLTRY, SR., Plaintiff /Petitioner : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004 - 1491 CIVIL TERM JOANN L. HOLTRY, Defendant/Respondent IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 11th day of January 2005, comes the Plaintiff/Petitioner, William L. Holtry, Sr., by his attorneys, Irwin & McKnight, and makes the following Petition for Special Relief: L The Plaintiff/Petitioner is William L. Holtry, Sr., an adult individual with an address of P. o. Box 138, Plainfield, Pennsylvania 1708 L 2. The Defendant/Respondent is JoAnn L. Holtry, an adult individual residing in Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties were married on February 14, 1974 in Mechanicsburg, Cumberland County, Pennsylvania 17050. The parties separated on January 31, 2004. 4. A Complaint in Divorce as filed in the Court of Cornmon Pleas of Cumberland County, on April 7, 2004 at Docket No. 2004-1491 Civil Term. 5. From the sale of the real estate the parties have received $116, I 06.22 which will be placed in escrow in the names of both counsel. 6. The Petitioner is paying on the Respondent's automobile loan each month in the amount of $260.65, and has been making said payments since the date of separation in the total amount of $3,127.80. 7. The Petitioner has paid since the date of separation the sum of $1,500.00 toward joint credit card debt. 8. The Respondent has failed to respond to the Petitioner's repeated requests for a partial distribution of the escrow funds. A copy of said correspondence dated December 9, 2004, is attached hereto and marked as Exhibit "A". 9. The Petitioner has medical expenses related to eye surgery for which he needs funds. 10. The Petitioner has filed for the Divorce Master. 11. The Petitioner is also seeking payments of his legal fees and costs in filing this Petition together with the distribution to each of the parties the sum of $10,000.00. 2 EXHIBIT "A" LA W OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MAROiS A. McKNIGHT. 111 DOUGLAS G. MILLER MATTHEW A. McKNIGfrr WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE. PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 WffWIMHLA freOM HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-19R6) IRWIN, IRWIN & IRWIN (/956-19R6) IR WIN, IR WIN & McKNIG f/T (/986-1994) IRWIN, McKNIGHT & HUGHES (J994-20IJ3) IRWIN & McKNIGHT (2003- ) December 9,2004 MARYLOU MATAS, ESQUIRE GRIFFIE & ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, P A 17013 FILE COpy RE: HOLTRYv.HOLTRY Dear Marylou: Please be advised that I have met with my client, William Holtry, and we reviewed the outstanding issues in this case. The following is our position: 1. Have you deposited the proceeds from the real estate settlement into an escrow fund? Please provide proof that those funds have been properly escrowed together with an account number and the name and address of the institution. 2. In light of Christmas, my client is requesting a distribution ofTen Thousand and nolI 00 ($10,000.00) Dollars to each of our clients. 3. I sent you the insurance refund from the homeowners insurance. My client was making the homeowners insurance premium payments. Your client never made the payments. Please send the signed check in the amount of Forty-Three and 751100 ($43.75) Dollars to my attention as soon as possible. 4. I have enclosed a list of all the assets your client removed, sold or otherwise disposed of. Also, my client has been paying for your client's 2003 Hyundai. The Blue Book value for the Hyundai is $19,090.00. My client's Cavalier is set at $2,315.00. We need the title to this vehicle. 5. Also enclosed is a list of the items removed from the property by William Holtry. Marylou Matas, Esquire Re: Holtry V. Holtry December 9, 2004 Page 2 of2 6. My client requests the transfer of the following: a. One-half (1/2) of the Cisco stock into his name alone; b. One-half (112) of $15,000.00 in Dupont Savings and Investment fUnds; and c. One-half (112) of the fUnds in the escrow account from the sale of the real estate. Please review this and let me know your position as soon as possible. Very truly yours, MAM:sls Enclosures cc: Mr. William L. Holtry, Sr. loann Holtry had access to everything in the home as of February 20,2004. All that Bill Holty had was some golf items, a few clothes that fit inside 2 garbage bags, and the guns that were removed from the home by the sons request. This is a list of the items that were not in the home when Bill Holtry entered it in July. Joann Holtry had a yard sale, which also got rid of many items. Bill Holtry is unaware of whether some things were sold or if she kept them or threw them away. Tool in tool box (included was a special saw that was give to Bill by his son for Christmas Computer, Printer Upright Electric Organ with music Sofa with Recliners at each end Music Center Cabinet! Entertainment center Radio, C.D. Tape player, turn table and speakers Stereo System Large Glass Display Cupboard 71 pieces of Fenton and other Glassware ($30 Average) Small Glass Display Cupboard Approx 65 pieces of collector items $9 Average Metal Queen size bed Box Spring and Mattress Decorated 5 foot Bench with High Back Assorted Blankets Queen size Bed with dresser, mirror and night stands New Pillow top Mattress Queen bed Camel back Chest Sheets, pillow & Blankets for Queen bed Amish Hand made Quilt Telescope Covered Porch Swing. Used 10 times Picnic Table with umbrella 2 - 25 inch TV's 27 inch TV Approximately 20 pictures of our trip to Italy (There were rolls of film taken over there) Amish Wagon with Doll and other items Maytag washer and dryer 1 12 years old Approximately 15 decorative plates $15 each Approximately 15 crocks $8 each and other items on cabinet Large Hot plate Electric Roaster with warmer pans $400 (neighbor said that these were sold for $5 at yard sale.) $1,000 $1,200 $500 $100 $400 $70 $2,130 $70 $585 $200 $40 $80 $100 $1,400 $800 $250 $200 $645 $100 $89 $39 $100 $50 $200 $15 $1 ,100 $225 $120 $20 $100 Dishes and pans - mixer Iron and ironing board Upright Freezer Electric edge trimmer Electric hedge trimmer Garden Rake Shovel Tree trimmer and saw Bow saw "old" hand painted 4 - Golf Championship trophies $25 each Golf bag repaired in new shape Golf cart Large Push Broom Large Tool box 7 - Boxes of gun shells $15 each LARGE MEMBERSHIOP CERTIFICATE 2 Y2 x 15" IN OLD FRAME MY GRANDFATHERS MY NAME SAKE 2003 HYUNDAI SUV low mileage Blue Book TOTAL $400 $35 $200 $50 $35 $20 $10 $40 $60 $100 $70 $30 $25 $60 $110 PRICELESS $19,090 $32,303 r...t:w::y DIUt: DUU!\. - ~t:I.dU r ll~IUg ~t::VUH - ny UUU<:ll, ~a.lll.d r t: ragt:: 1 U1 L. S Kelley Blue Book .. THE TRUSTED RE~~~~; ~~n~:)1JJ.:J ,~"~.D~.l ~~:~: I'" >" ~-y 13rJm[irJlilrChecks". FREE R > VHlICU .....T..'W' ....,..,.,. ~~Ii_-I~.V-; ,;;:EC I: I-I'f:'; L~lTill:~ I t),jW:~;JF<tn" Jl;n'JiJ~<i. r '-:..t- ]rJ6k.r :':'r~.:J;:: :)..t:h~ - _. '.:~'5'~':./ _:-:':; '_r-.i _.,:',!rl':.1 BLUE BOOK RETAil REPORT Pennsylvania · November 28, 2004 2003 Hyundai Santa Fe GLS Sport Utility 40 Search Listings for This Car Free Record Check Auto Loans from 3.79% APR Insurance Quote Payment Calculator Review of This Car lEI, . .~i ~.."..",., ,..'"">- '" ' ~. > '-'-.0<-. I ~~ ; 't_ -r. " ,"";i.-" ~-. l>- " /' ~_~\1~_1 .. . , Engine: V6 2.7 Liter Trans: Automatic Drive: 4 Wheel Drive Mileage: 15,000 Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Roof Rack Cassette Privacy Glass Single Compact Disc Alloy Wheels Dual Front Air Bags Wide Tires Front Side Air Bags ABS (4-Wheel) Retail Value Search Local Listings for This Car $19,090 The Kelley Blue Book Suggested Retail Value is representative of dealers' asking prices and is the starting point for negotiation between a consumer and a dealer. This Suggested Retail Value assumes that the vehicle has been fully reconditioned and has a clean title history. This value also takes into account the dealers' profit, costs for advertising, sales commissions and other costs of doing business. The final sale price will likely be less depending on the vehicle's actual condition, popularity, type of warranty offered and local market conditions. Ge~ In','ui.:e &. f'.1l5R,P or. Ne\:'V Cars Get 2. Prl\'2tE:' PcH~ti Val'1:2 Ge: FjnO~I:-tn~ ~l::-fore 'r::-JU Sh,-:-iP http://kbb.com/kb/ki.dll/kw.kc.ur?kbb.PA:304347;P A041 &17055;+r&40;Hyundai;2003... 11/28/2004 J.......u..y J.JJ.U" J.JVV!\. - J."'-l.<lU J. ll\-Ule .l\cI;;PUll- L.-UI;;VIUll;;l, L.-i:1Vi:1111;;1 ragt: 1 UJ L. ~_. .~!\ Kelley Blue Book . THE TRUSTED RESOURCE , "lih.tom ~:U..~.u" L;SEG CARS t.:~:~ t 1~1~~~~;'=1':1 \;:;":~-:'1 r~/::C :'::i'.!-.;;Jl.:I':"'rt.( ::;.(!~: ''.:';-''" .:"'_r.f_:i.lr/',I:" BLUE BOOK RETAil REPORT Pennsylvania · November 28, 2004 1993 Chevrolet Cavalier RS Coupe 20 Search Listings for This Car Free Record Check Auto Loans from 379% APR Insurance Quote Payment Calculator Engine: V6 3.1 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 60,000 "" Equipment Air Conditioning Power Steering Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Rear Spoiler .... Retail Value Search Local Listings for This Car $2,315 The Kelley Blue Book Suggested Retail Value is representative of dealers' asking prices and is the starting point for negotiation between a consumer and a dealer. This Suggested Retail Value assumes that the vehicle has been fully reconditioned and has a clean title history. This value also takes into account the dealers' profit, costs for advertising, sales commissions and other costs of doing business. The final sale price will likely be less depending on the vehicle's actual condition, popularity, type of warranty offered and local market conditions. Get Invoice & f"1SRP on r~ew Cars Get a Private Party Value Get Financing Befc'f'e- You Shop Copyright @ 2004 by Kelley Blue Book Co., All Rights Reserved. Nov-Dec 2004 Edition. The specific information required to determine the value for this particular vehicle was supplied by the person generating this report. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction, This report is intended for the tndividual use of http://kbb.comlkb/ki.dll/kw.kc.ur?kbb.PA;410511 ;PA041&17055;+r&277;Chevrolet;199... 11/28/2004 Once Bill Holtry got to get into the house, these items were all that was left. GUNS Model 70 light weight Winchester 280 Cal. Tasco 3x9 scope Model # G 1823994 $400 Model 70 Feather Weight Winchester 280Cal. Tasco 3x9 scope Model # G 1890780 $400 Baretta 12 Gauge 30 " Barrel Semi Automatic Model # U38074U $650 Browning 12 Gauge 32" Barrel Pump Shotgun Model B.P.S. # 06377 $400 Taurus 38 Special Revolver # 85552 $200 Gun Cabinet holds 6 guns with lower storage 8 - Hunting Tapes & Collector Coins 3 - Boxes of shotgun Shells 2 - Folding red wood deck chairs Lap Desk Drapes and pillow case that match John Kennedy Half Dollar Metal Wardrobe 3 - Used Bowling Balls 2 - Baskets of Silk Flowers Christmas Lights File Cabinet 2 drawer Broom Mop Box Miscellaneous Kitchen things towels etc. Miscellaneous Tools 2 boxes Box of frames and miscellaneous things Folding Table Patio Table 35 MM camera Franklin Mint Doll and Clothes 5 - Franklin Mint cars Large Rocker Hurricane Lamp Computer desk and chair $450 $200 $24 $30 $15 $50 $0.50 $5 $15 $35 $8 $25 $8 $8 $80 $40 $80 $20 $15 $45 $50 $400 $99 $55 $100 Bed Stand $25 2 - Recliners (tried to sell at yard sale) $650 Wing Chair $79 Oak End Table $80 2 - Hand Painted Corner stands $140 2 - painted milk cans with scenes $150 Marble stand Broken before taken $19 Oak stereo cabinet 4' high Glass door $100 Dining Room Table and 6 chairs $600 Lawn Fertilizer Cart small $30 3 - Power tools circular saw, drill, broken sabre saw $50 Scroll Saw Christmas gift from son $50 Garden Tools Hoe and Rake $35 2 - Small Throw Rugs $40 3 - Small boxes of tools hammers etc. $45 Chest of drawers $45 50 - DVD & VHS tapes $50 (She couldn't sell for $3 for $10 as marked for the yard sale) 6 CD's $2 each $12 Fishing Net, small hand held $10 Snow Shovel $7 Food Processor $70 Rotisserie $70 3 Small Lamps $45 Box of Assorted Ceramic Cups and Animals 9 items $35 Suitcase $50 Cow Clock $45 Gun Carrying Case $45 Electric Golf Cart $445 Golf Bag on Sale $30 Small Socket Set $15 Mirror $60 Pair Golf Shoes K-Mart $30 Large Suit case $75 Pack of Classic records plus three loose $100 1993 Chevy Cavalier R.S. Retail Blue Book $2,315 ,- STOCKS 250 Shares of Cisco Stocks Want half of shares not money in the name of William L. Holtry Sr. $15,000 in Dupont Savings and Investment as of Jan. 2004 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. i . ~ ~ -" / . (J~L, ,1I4;~. WILLIAM L. HOLTRY, S~ Date: January 112005 WILLIAM L. HOLTRY, SR., Plaintiff /Petitioner v. JOANN L. HOLTRY, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004 - 1491 CIVIL TERM IN DIVORCE CERTIFICA TE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Marylou Matas, Esquire Griffie & Associates 200 North Hanover Street Carlisle, P A 17013 By: Date: January 11, 2005 5 -:"""'1, . r:' (j ~ ' r-: ( .' ~T:" 1; ~.-.:;: . j/ ~.~-: o S'-~ -( r-.' r:;l r:-..:J C;n <-- q .~ ~1~ -n ~~; fjJ i..~ (:) :::.,":" ...... "':":;'\1 ---, ('; -~) ~.\\ : I .~- .. (..) W -'-, :::2;. 1 2 7nr'i.lV JAN --- <v' WILLIAM L. HOLTRY, SR., Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004 -1491 CIVIL TERM JOANN L. HOLTRY, Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this /'i,1n day of {}a,~ ,2005, upon consideration of the I h ~ attached Petition for Special Relief, a hearing is hereby scheduled for / ~ y 2005, in Courtroom No. ~, at ':2 ~ 36 o'clock --I2.m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. J. / Marcus A. McKnight, Ill, Esq. Attorney for Plaintiff Marylou Matas, Esq. Attorney for Defendant 4fLLO .~ i-I ~_6{ Lf~ r '~ 1> 0 ;j' t. f...l Ll Ii- ~" &' ~ ,~\ '-I' '1? ~' " < G S :1~ 1,1 d ~1! 1"r:w scnz ~ ~ I~ THE COURT OF COMMON PLEAS OF ClJ'HBERL-\.ND COUNTY, PEmlSY1.VANL-I. WILLIAM L. HOLTRY, SR. PLAINTIFF vs. JOANN L. HOLTRY, DEFENDANT 149/ NO. 2004-1:lrltl. CIVIL TERM WILLIAM L. HOLTRY, SR. a master w~tn respect to the (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente :10TION FOR APPODlT:1::NT OF M..o\.SITR (Plaintiff) (~~ following claims: moves the cour~ to appoint Lite (X ) ( ) (X ) (X) Distribution of Property Support: Counsel Fees Cel s ts and E..'<;)ensas and in suppor~ oi the motion states: (1) Discovery is co~lete as to t~e elates(s) for whic~ t~e appointnent of a master is requested. (2) The defendant (has) illmc~~ appeared in (by his atto=ey, MARYLOU MATAS. (3) The staturory ground(s) ior divorce, (is) 330l(c) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the follOWing claims: EQUITABLE DISTRIBUTION, COUNSEL FEES, COSTS AND EXPENSES. (c) The action is contested with respect :0 the following the action (personally) ,Esquire) . (are) c.la-;.....c::: (5) The action (~ (does not involve) complex issues of law or fac:.t. (6) The hearing is 2X?ected to take (i) Additional info~tion, if any. (mmos) (days). mo't:.ian: Data: FEBRUARY 10, 2005 ESQ. ORDER APPOI:lTI:IG :.lAS7ER AND NOW is a?poinced mzscar TJith rss~ect Co t~e follcw~g cla~s: Esquire, By c:.e Court: J f"~~' r;l THE COURT OF COM-!ON PLEAS 0: J CL-clBERL-\ND COUNTY, PEmlSTI.V&'lL-\ WILLIAM L. HOLTRY, SR. PLAINTIFF vs. JOANN L. HOLTRY, DEFENDANT /49/ ~O. 2004-~ CIVIL TERM WILLIAM L. HOLTRY, SR. a lll.a.ster ~it~ respect to the (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente ~onON FOR APPO:DlTX9lT OF ~AS~R (Plaintiff) ~ following claims: moves the court co appoint Lite (X ) ( ) (X ) (X ) Distribution of Property Support Counsel Fees Cos ts and E.-qenses and in support ot che motion states: (1) Discovery is complete as to 6e claiDs (s) for '.hic!J. t!J.e appoint::ne!lt of a master is requested. (2) The defe!ldant (:las) 0llBJM<<) apPeAred in (by his atto=ey, MARYLOU MATAS. (3) The staturory grou!ld(s) ror divorce (is) 3301(0) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached ~ith respect to the follO",,'"'...ng claUls: EQUITABLE DISTRIBUTION, COUNSEL FEES, COSTS AND EXPENSES. (c) The action is contested ~ith respect :0 t!J.e follo~i=g t!J.e action (persor~lly) ,Esquire). (are) clai::I.s : (5) The action (1mX~ (does not i=volve) complex issues or la~ or fact. (6) the hearing is er,>ectad to take (7) Additional info~tion, if any. Chcm:>s) (days). motion: Date: FEBRUARY la, 2005 , I Ir ,.1o<.J./, respec.t to c:te CRDER AEPOIOlTDIG :',AST::R f.,~ aA-_ ) Esquire, followug claims: "" aa-,~ By t!J.elm1,AJtv\ {~ IJ Al.'ID NOW is a-ppointed :J.a.star Tn.t: WILLIAM L. HOLTRY, SR., PlaintiffIPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004 . 1491 CIVIL TERM JOANN L. HOLTRY, DefendantJRespondent IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 7th day of February 2005, comes the PlaintifflPetitioner, William L. Holtry, Sr., by his attorneys, Irwin & McKnight, and makes the following Petition for Special Relief: 1. The Plaintiff/Petitioner is William L. Holtry, Sr., an adult individual with an address of P. O. Box 138, Plainfield, Pennsylvania 17081. 2. The DefendantlRespondent is JoAnn L. Holtry, an adult individual residing in Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties were married on February 14, 1974 in Mechanicsburg, Cumberland County, Pennsylvania 17050. The parties separated on January 31, 21004. 4. A Complaint in Divorce as filed in the Court of Common Pleas of Cumberland County, on April 7, 2004 at Docket No. 2004-1491 Civil Term. 5. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. WHEREFORE, the Petitioner, William L. Holtry, Sr., requests the relief set forth above. Respectfully submitted, Marcus . McKn e 60 West Pomfret Carlisle, PA 17013 (717) 249-2353 Supreme Court LD.: 25476 Attorney for the Plaintiff/Petitioner, William L. Holtry, Sr. Date: February 7, 2005 2 : IN THE COURT OF COMMON PLEAS OF WILLIAM L. HOLTRY, SR., PlaintifflPetitioner v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004 - 149]l CIVIL TERM JOANN L. HOLTRY, DefendantJRespondent IN DIVOR:CE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Marylou Matas, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 By: Marcus. McKnigh 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: February 1L" 2005 3 ..,.... _.,~\. "-.j "; .1 ,)~; r":; r-.- WILLIAM L. HOLTRY, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOANN L. DALPIAZ (HOLTRY), Defendant 2004-1491 CIVIL TERM : IN DIVORCE PRAECIPE TO WITHDRAW/ENTER APPEARANCE To the Prothonotary: Please withdraw my appearance previously filed on behalf of JoAnn L. Holtry (Dalpiaz) in the above-captioned matter. Date: . ! 'I / (- ,,- Lt--- By: (iC /t (,iz,._ Maryfo Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Phone: 717.243.6222 Please enter my appearance on behalf of JoAnn L. Holtry (Dalpiaz) in the above- captioned matter. Date: ~ D Co B . Griffie, Esquire Iflie' & Associates 200 N. Hanover Street Carlisle, P A 17013 Phone: 717.243.5551 .-.... c c- :. ,~ ~+:; _r-3 ~- . \ -.'-'- " "'~ ~;:' " WILLIAM L. HOLTRY, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 1491 CIVIL JOANN L. HOLTRY (DALPIAZ),: Defendant IN DIVORCE ORDER OF COURT AND NOW, this ,,4 r- day of ()~ 2006, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on October 10, 2006, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, ~~~ cc: ~cus A. McKnight, III Attorney for Plaintiff ~dley L. Griffie Attorney for Defendant ~ ~<a -% ~-r<=,() h >'#0-<1. -tV 0... 0>--. ~, J9.-fy ~ -,. 0 <:::' O~,c:- , -~ '<"<"<,<.' .~ WILLIAM L. HOLTRY, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 1491 CIVIL JOANN L. HOLTRY (DALPIAZ): Defendant IN DIVORCE THE MASTER: Today is Tuesday, October 10, 2006. This is the date set for a hearing (a conference was scheduled last week but had to be continued to today which is the scheduled date of the hearing). However, the parties have reached an agreement with respect to the outstanding issues in the case and have used the time this morning to work out a resolution of the issues. Present in the hearing room are the Plaintiff, William L. Holtry, Sr. and his counsel Marcus A. McKnight, III, and the Defendant, Joann L. Holtry (Dalpiaz) and her counsel Bradley L. Griffie. The parties were married on February 14, 1974, and separated February 20, 2004. The parties do not have any children together; both parties have children from a prior marriage but the children are all emancipated. A divorce complaint was filed on April 7, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. The parties have signed or are going to sign today affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the 1 ~ divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary's office. The complaint in divorce did not raise any economic claims; however, on May 19, 2004, the Defendant filed a petition raising claims for alimony, equitable distribution, and counsel fees and expenses. The complaint also raised a claim for alimony pendente lite which is not a claim that the Master can address. However, with respect to the three other claims as noted, the parties have reached an agreement. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later this morning, make any correction of typographical errors as necessary, and then the parties will affix their signatures to the document affirming the terms of settlement. However, it is specifically understood that the parties are bound by the terms of the agreement even though they subsequently do not sign the agreement affirming the terms of settlement; they are bound by the agreement when it is stated on the record and when they leave the hearing room today. 2 Upon receipt by the Master of a completed agreement, the Master's office will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. McKnight. MR. McKNIGHT: The parties have, after considerable discussion this morning, reached a settlement of all the outstanding issues. 1. The major asset is an escrow account. It was generated by the sale of their marital home. The balance as of September 15, 2006, was $116,095.00. There will be some interest of about $450.00 that accumulated since then. That escrow account will be closed out early next week. The interest posted on the 15th and those funds will be equally distributed to each of the parties. The interest income will be divided on a 50/50 basis for federal and state income tax purposes. 2. The parties each have a vehicle in their possession. Husband has a 1993 Chevrolet Cavalier. Wife agrees to sign over the title to that Cavalier. Wife has a 2003 Hyundai which there is still a loan outstanding. From his distribution of the American Home Bank escrow account, husband agrees to payoff the balance of that loan and when the title arrives, he agrees to sign over title to the Hyundai to the wife. It is anticipated that perhaps both titles can be signed over at the same time, going to a messenger services like Sollenberger's or something like that to do so, within thirty (30) days of this agreement. 3. There is a Taurus model 85 38 special revolver. I believe it is in husband's possession. He will give it to the wife. It will be delivered through counsel. 4. There was also considerable discussion over two other firearms, a Beretta model 8390 and a Winchester. Both of those guns have been handed over to the son of wife. William Hoy is his name. Husband agrees not to interfere with any attempt of wife to obtain those particular guns 3 ~ , . from the son. 5. All other personal property and assets will remain in the possession of each of the parties. Each of the parties waives any interest, right, or title to the assets in the possession of the other. They waive any claim to any assets that have been disposed of or sold during the period of separation. 6. Each retain the ability to designate beneficiaries on any life insurance, and I believe the only life insurance is through their prior employment, and they are now in retirement status, so they each can change beneficiaries as they choose on their life insurance. 7. Each party agrees to waive any claim for alimony and there is no claim for alimony pendente lite. 8. Each party agrees to pay their own legal fees. 9. Each party is retired from the Dupont Corporation. Each of their pensions is in pay status. Each agrees that they will make no claim for survivor benefits from the pension of the other and that each party is entitled to their full retirement benefits without any claim of the other. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. McKNIGHT: Mr. Holtry, you've heard the terms of the settlement agreement, do you agree to abide by those terms? 4 MR. HOLTRY: I do. MR. McKNIGHT: Are those terms acceptable to you? MR. HOLTRY: They are. MR. McKNIGHT: Are you satisfied with the representation that I provided you throughout this long process? MR. HOLTRY: Yes, very much. MR. GRIFFIE: Ms. Dalpiaz, did you hear the agreement as it was dictated by Mr. McKnight? MS. HOLTRY (DALPIAZ): Yes. MR. GRIFFIE: Did you understand it? MS. HOLTRY (DALPIAZ): Yes. MR. GRIFFIE: Are you agreeable to accept that settlement as full and final satisfaction of all claims made in the divorce proceedings? MS. HOLTRY (DALPIAZ): Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be 5 .." ~ imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: LJ<.. TO ~Il. j'eJ 2GoG. . u/~Ul::_~. Wllt?;m~lroltry, Sr. 6 piaz) ,y~ ~o ~:~o~~o~ ~ ~o 7' ~t- WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2004 - 1491 CIVIL TERM JOANN L. HOLTRY, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 2004. 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 7, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: /D /(6~ t; I I w~ --/~-k WILLIAM L. HOLTRY, SR. Plaintiff (") s r-.) c? c::;) Q"-~ o --11 o ~ N .-....~ '...._,J U"1 CJ WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION . LAW 2004 - 1491 CIVIL TERM JOANN 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 this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: folIO {1; (, ~ i!!/:!!t~. WILLIAM L. HOLTRY, SR. Plaintiff 0'\ L,:""J f~~ -:;.. ...~~ ~~:: c-J - ~- '::-.; 0 ...<r~~ r"';"'-~ u- C..~' ~:) 0 C;;:' 0 C-..l WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004 - 1491 CIVIL TERM JOANN 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 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 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 this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 10 II 0 I a G ~<<~ . J NL.(HOLTRviDALP~ De endant C~ L.U --=! tL : u.. -, r=- u- o ,:7' UJ -2 "".,~ ",'--r.." N !......- ~ ) CS 'l..J? 2S c-l WILLIAM L. DOL TRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004 -1491 CIVIL TERM JOANN L. DOL TRY, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ---LQj It} { 6 (0 ~ , J ~NN L. (DOL TRY) DALPIAZ Defendant (') C~ ;:"-c.' 1'--':' C'::::l: ,,-.::.:.:::J <..:,'.... r:) .::n L.J c.~.J N C) Ul ".0 WILLIAM L. DOL TRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. JOANN L. DOL TRY, Defendant (") ~ F rl~ $?, C) :r::-1 n ." -, rn;= :1"2 CD 1'0 ,t~\.~, ~.:J cL) ~ ,-~~.~ ~p ~ C3 gr~ .~.-J ,. r"I .J-.... -- '-W , :IJ \.D -.:;;: L A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 7, CIVIL ACTION - LAW 2004 - 1491 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ~ c/~ L. (DOL TRY) DALPIA endant ~ n <cc ~ '-'Z/ 1--.c /_~~ 1/1- ~ · -?-o;Ot0- ~ <;; WILLIAM L. HOLTRY, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004-1491 CIVIL TERM JOANN L. HOLTRY, Defendant 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: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Joann L. Holtry, on April 8, 2004, by certified, restricted delivery mail, addressed to her at 21 Field Crest Drive, Mechanisburg, Pennsylvania, 17040, with Return Receipt Number 7002 0860 0000 1074 4407. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) ofthe Divorce Code: by plaintiff: October 10, 2006; by defendant: October 10, 2006. (b)(1) Date of execution of the affidavit required by Section 3301 (d) ofthe Divorce Code: (b)(2) Date of filing and service of the plaintiffs 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, a copy of which is attached: (b) Date plaintiffs Waiver of Notice III Section 3301(c) Divorce was filed with the Prothonotary: October] 2, 2006 . Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 12, 2006. Date: October 13, 2006 ........::t ~=<'~-; () Q~ -"11 I r:::J' - Sl o , _.i r"::> 1-'---:-':') C-~ 0""" ::?~.')_i_...... ..-_,....~~_~j I ';' '. \'-) .-A .... ......-..... ()\ :;1- c;; --------- ~'4'Of.Of. Of. ;Ii ;Ii '4' '4' ;Ii ;Ii ;l; ;Ii ;l; ;Ii ;Ii ;Ii '" ;Ii Of. ;Ii Of. ;Ii ;Ii '" ;Ii '" ;Ii Of. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. WILLIAM L. HOLTRY ~ SR., No. 2004-1491 CIVIL TERM PLAINTIFF VERSUS JOANN L. HOLTRY (DALPIAZ) DEFENDANT DECREE IN DIVORCE AND NOW,JJ~ , IT IS ORDERED AND 1. 71Pc, , DECREED THAT WILLIAM L. HOLTRY, SR. , PLAI NTI FF, AND JOANN L. HOLTRY (DALPIAZ) , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NONE By TH PROTHONOTARY J. dhr -P t ~ ~ l}iJ.;t. II ~:Jvri $p 1-.a ~l'p7J lJil' fI.)1 , ' , . .