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HomeMy WebLinkAbout04-6067KELLY A. HOLJES, Plaintiff V. ROBERT HOLJES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 014 ,%G&,'>' CIVIL ACTION - DIVORCE 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 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, 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 KELLY A. HOLJES, Plaintiff V. ROBERT HOLJES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v L CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Kelly A. Holjes, by and through her attorney, Gary L. Kelley, and represents as follows: DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Kelly A. Holjes who resides at 103 Fieldstone Drive, Carlisle, Pennsylvania 17013. 2. Defendant is Robert Holjes who resides at 103 Fieldstone Drive, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 18, 2001 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties except for a filing docketed at No. 1392 of 1992. The matter was subsequently dismissed. 6. The marriage is irretrievably broken. 7. 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. 8. Neither party is a member of the United States Military Service or in any branch of the armed forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree in divorce divorcing the parties from the bonds of matrimony. Respectfully submitted, -mac G L Kelley I . 46801 132-134 Walnut te Harrisburg, PA 17101 (717) 238-1484 ATTORNEY FOR PLAINTIFF VERIFICATION I hereby verify that the statements contained herein are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: rT °"r tia c iS i"+ t C-) i c-n n °t' n KELLY A. HOLJES, PLAINTIFF V. ROBERT HOLJES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6067 CIVIL TERM CIVIL ACTION -DIVORCE PETITION FOR SPECIAL RELIEF IN THE FORM OF EXCLUSIVE POSSESSION OF THE MARITAL HOME AND NOW, comes Petitioner, Robert Holjes, by and through his counsel, Smigel, Anderson & Sacks, LLP, and files this Petition for Special Relief and in support thereof avers as follows: 1. Petitioner is Robert Holjes (hereinafter referred to as "Husband") who is the Defendant in the above-captioned divorce action and who currently resides at 103 Fieldstone Lane, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Kelly Holjes (hereinafter referred to as "Wife") who is the Plaintiff in the above-captioned divorce action and who currently resides at an address unknown to Petitioner. 3. The parties were married on June 18, 2001. 4. The parties are the parents of two minor children, namely Richard Holjes and Chad Holjes. 5. Husband currently resides in the marital home with the parties' two children. 6. On or about August 2004, Wife began frequently spending nights away from the marital residence. 7. From on or about August 2004 through December 2004, Wife spent days at a time away from the marital home and did not contact Husband or their children. On or about early December 2004, Wife began removing personal property from the marital home and began more frequently spending nights away from the marital residence. 9. On or about December 27, 2004, Wife and several other individuals came to the marital home with no advance notice to Husband in order to remove property from the marital home while Husband was at work. 10. Wife and the other individuals removed numerous articles of personal property from the marital home, including items of marital property, items of Husband's non-marital property, property belonging to the children and articles of Husband's clothing. 11. In the process of removing the property from the marital home, Wife and the other individuals damaged the kitchen wall and doorjambs. 12. Wife and at least some of the other individuals who helped her remove property from the marital home were under the influence of alcohol at the time and their behavior alarmed Husband and the parties' children. 13. Husband was forced to leave work and come to the marital home to deal with Wife's actions. 14. Wife provided no explanation to Husband for why she was removing property from the marital home or where she was taking the property. 15. On or about December 28, 2004, as a result of Wife's actions, Husband changed the locks on the marital home in order to preserve both the marital and nonmarital assets. 16. On or about December 28, 2004, Husband's counsel informed Wife's counsel by faxed correspondence that Husband had changed the locks on the marital residence and explained the reason for Husband's actions. 17. On or about the evening of December 29, 2004, Wife or somebody acting on Wife's behalf delivered some of Husband's clothing that Wife had removed from the marital residence to the front yard of the marital residence. 18. On or about December 29, 2004, Husband informed Wife that upon her request, he would make the marital home available to her for inspection, but he would not agree for her to remove any more property from the marital home. 19. On or about January 12, 2005, Wife came to the marital residence unannounced and her only apparent purpose for being at the marital residence was to make derogatory remarks about Husband to the parties' children. 20. Husband believes that if Wife has free access to the marital home without Husband present, she will cause further damage or remove more property from the marital home. 21. Wife's unannounced and disruptive visits to the marital home cause unnecessary stress and anxiety for the parties' children. 22. Wife's unannounced and disruptive visits to the marital home require Husband to leave work and may place his employment in jeopardy. 23. It is in the children's best interests that Husband be awarded exclusive possession of the marital residence, since the children are in Husband's primary physical custody, so that they may be secure and confident in their living situation. 24. The Divorce Code specifically permits this Honorable Court to grant the relief requested by Husband. "The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 23 Pa.C.S.A. §3502. 25. Counsel for Husband attempted to contact counsel for Wife but has not yet received a response regarding Wife's position on this Petition. WHEREFORE, Petitioner, Robert Holjes, respectfully requests that this Honorable Court enter an order directing that Petitioner remain in sole and exclusive possession of the marital residence during the pendency of the divorce action. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP By: oy, migel, Esquire I.D. 09617 s R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner/Defendant VERIFICATION I, Robert Holjes, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: y a Robert es KELLY A. HOLJES, PLAINTIFF V. ROBERT HOLJES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6067 CIVIL TERM CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Petition for Special Relief on counsel for Plaintiff by depositing same in the U.S. Mail, postage prepaid for first class mail, on January 14, 2005, addressed as follows: GARY L. KELLY, ESQUIRE 1119 NORTH FRONT STREET HARRISBURG, PA 17102 SMIGEL, ANDERSON & SACKS, LLP By: e y Smigel, Esquire I.D. 09617 ames R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner/Defendant ?` ? " ;"? ? C., ` _ ?. ? _-1 ! (i?? .r ?. f'I j '? ?. KELLY A. HOLIES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT HOLIES, Defendant NO. 04-6067 CIVIL TERM ORDER OF COURT AND NOW, this 25'n day of January, 2005, upon consideration of Defendant's Petition for Special Relief in the Form of Exclusive Possession of the Marital Home, a hearing is scheduled for Tuesday, February 22, 2005, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ,,6ary L. Kelly, Esq. 1119 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff Xeroy Smigel, Esq. 4431 North Front Street Third Floor Harrisburg, PA 17110 Attorney for Defendant BY THE COURT, o? -z?-off :rc ;'-"/ r , ^,? KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT HOLJES, Defendant NO. 04-6067 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF IN THE FORM OF EXCLUSIVE POSSION OF THE MARITAL HOME ORDER OF COURT AND NOW, this 22"d day of February, 2005, upon consideration of the attached letter from James R. Demmel, Esq., attorney for Defendant, the hearing previously scheduled for February 22, 2005, is continued generally. Counsel are directed to notify the court if a hearing is requested or if a settlement is reached. BY THE COURT, /Gary L. Kelly, Esq. 1119 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff /James R. Demmel, Esq. 4431 North Front Street Third Floor Harrisburg, PA 17110 Attorney for Defendant e> oa-a-3 -05 :rc *l %h 1? Wd zz 93j5oot 02-22-05 08:00 FROM -SAS 7172343611 T-500 P.01/01 F-358 SMIGEL, ANDERSON &; SACKIIS LLP ATTORNEYS AT LAW February 22, 2005 TR4NSW1 7D 111A FACS1"MTT.F_- 717-240-6462 The Honorable J. -Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Squm e Carlisle, PA 17013 Re: Robert Holjes v. Kelly Uoljcs Docket No. 046067 Civil Term Dear Judge Oler: JAMES R. IIIEMMEL. ESQUIRE PHONE: (717) 234-1401 TOLL FREE: 1-900.822-0757 FACSIMILE (717)'234-3611 EMAIL: jdemulelrg?sasllp.cwu www.savll7..rtnm Fite No. 7974-1-4 The partieb in the abovo-captioned divorce action have reached an agreement regarding possession of the marital home. The parties have agreed to hold the Petition for Special Relief in abeyance with the anderstandmg that Mr. Holjes will have exclusive possession of the mariral home during the pendency of the divorce action. Based on ncc parties' agreement, I respectfully request that the hearing scheduled before you for 2:00 p.m. today be continued generally and that the petition be held in abeyance pursuant to the parties' agreement. Thank you for your kind attention. Very truly yours, J es R. Demmel JRD:stntll cc: Gary L. Kelle/, Esquire (via facsimile- 717-238-1701) Mr. Robert H ijes 4431 Nnrch Front Street. Ha"isbur . Pennsylvania 171 I A PENNSYLVANIA LIMITED 13ABIUVY FAUTNERSHIF KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT CIVIL ACTION - DIVORCE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's First Request for Production of Documents on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the ) liday of January, 2006, addressed as follows: GARY L. KELLY, ESQUIRE 1119 NORTH FRONT STREET HARRISBURG, PA 17102 SMIGEL, ANDERSON & SACKS By: Q 0_0? L oy igel, Esquire I.D. 09617 JAmW . Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant - 9 - C" ,_ _i ?. , ., KELLY A. HOLJES, PLAINTIFF V. ROBERT HOLIES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6067 CIVIL TERM CIVIL ACTION - DIVORCE I, James R. Demmel, Esquire, Attorney for Defendant, do hereby certify that on the JZ7 day of January, 2006 I served an original and one (1) copy of Defendant's First Set of Interrogatories addressed to Plaintiff in the above-captioned matter, by depositing same in the United States Mail, first class, postage paid, addressed as follows: GARY L. KELLY, ESQUIRE 1119 NORTH FRONT STREET HARRISBURG, PA 17102 SMIGEL, ANDERSON & SACKS, LLP By: oy ige , Esquire I.D. 09617 . Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant C` ., c._ 4/17/200611:26:56 AM/JRD/smm KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT CIVIL ACTION -DIVORCE ANSWER TO COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE AND COUNTERCLAIM AND NOW, comes the Defendant, Robert Holjes, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP, and files this Answer to Complaint Under Section 3301 of the Divorce Code and in support thereof avers as follows: COUNTI COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Admitted in part and denied in part. It is admitted that Plaintiff resided at the stated address at the time the complaint was filed. It is denied that Plaintiff currently resides at that address. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. No response required. Defendant is unaware as to how Plaintiff has been advised. 8. Admitted. 9. No response required. 4/17/200611:26:56 AMIJRDism COUNTERCLAIM AND NOW, comes Defendant/Plaintiff, Robert Holjes, by and through his attorneys Smigel, Anderson, & Sacks, LLP and files this Counterclaim and avers as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 10. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 9 which are incorporated by reference herein. 11. The marriage is irretrievably broken. WHEREFORE, Defendant/Plaintiff in Counterclaim respectfully requests this Honorable Court to grant a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 12. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 1 l which are incorporated by reference herein. 13. Defendant/Plaintiff in Counterclaim and Plaintiff/Defendant in Counterclaim possess various items of both real and personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Defendant/Plaintiff in Counterclaim respectfully requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT III DIVORCE UNDER SECTION 3301(a)(1) OF THE DIVORCE CODE 14. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 13 which are incorporated by reference herein. it 41171200611:26:56AMI)RD/smm 15. The parties separated after approximately three (3) years of marriage when Plaintiff/Defendant in Counterclaim unexpectedly moved out of the marital residence without any notice to Defendant/Plaintiff in Counterclaim on or about December 1, 2004. 16. Defendant/Plaintiff in Counterclaim avers that he is the innocent and injured spouse, and that the Plaintiff/Defendant in Counterclaim committed willful and malicious desertion without reasonable cause. WHEREFORE, Defendant/Plaintiff in Counterclaim respectfully requests that the Court award him a divorce under 3301(a)(1) of the Divorce Code. COUNT IV DIVORCE UNDER SECTION 3301(a)(2) OF THE DIVORCE CODE 17. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 16 which are incorporated by reference herein. 18. Plaintiff/Defendant in Counterclaim has committed adultery. WHEREFORE, Defendant/Plaintiff in Counterclaim respectfully requests the Court to enter a Decree in Divorce pursuant to Section 3301(a)(2) of the Divorce Code. COUNT V DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 19. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 18 which are incorporated by reference herein. 20. Plaintiff/Defendant in Counterclaim has offered such indignities to Defendant/Plaintiff in Counterclaim, the innocent and injured spouse, as to render his condition intolerable and life burdensome. 4(177200611:26:56 AMJJRD/smm WHEREFORE, Defendant/Plaintiff in Counterclaim respectfully requests the Court to enter a Decree in Divorce pursuant to Section 3301(a)(6) of the Divorce Code. COUNT VI COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 21. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 20 which are incorporated by reference herein. 22. Defendant/Plaintiff in Counterclaim does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. WHEREFORE, Defendant/Plaintiff in Counterclaim respectfully requests the Court to award him counsel fees, costs and expenses. SMIGEL, ANDERSON & SACKS, LLP Date: By: J es R/bemmel, Esquire LD.#: 90918 44 orth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant/Plaintiff in Counterclaim VERIFICATION I, Robert Holjes, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: t? / d(Q Robe oljes 4/171200611:26:56 AM/JRD/smm KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant/Plaintiff in Counterclaim in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Answer to Complaint Under Section 3301 of the Divorce Code and Counterclaim on counsel for Plaintiff/Defendant in Counterclaim by placing same in the U.S. Mail, first class, postage paid on the day of April, 2006, addressed as follows: GARY L. KELLEY, ESQUIRE 1119 NORTH FRONT STREET HARRISBURG, PA 17102 SMIGEL, ANDERSON &SACKS, LLP By: Q [)-R Jatrl s R.,P emmel, Esquire I.D.#: 90918 44 rth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant/Plaintiff in Counterclaim -? ? ? ? T`? ' o G ? ? ,:: ? ? -? ?-' ? ? - - R_ ?'_ n ?? ,? 7/14/200611:07:02 AWAD/smm KELLY A. HOLJES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT HOLJES, DEFENDANT NO. 04-6067 CIVIL TERM CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answers to Plaintiff's First Request for Production of Documents on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the _Lq _day of July, 2006, addressed as follows: GARY L. KELLEY, ESQUIRE 1119 NORTH FRONT STREET, STE. B HARRISBURG, PA 17102 SMIGEL, ANDERSON & SACKS, LLP By: S;? a,-Q? Ro yAmigel, Esquire I.D.#: 09617 J s R. Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant .? 7/14/200611:03:41 AWJRD/smm KELLY A. HOI.JES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT HOLJES, DEFENDANT NO. 04-6067 CIVIL TERM CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answers to Plaintiff's First Set of Interrogatories by placing same in the U.S. Mail, first class, postage paid on the A day of July, 2006, addressed as follows: GARY L. KELLEY, ESQUIRE 1119 NORTH FRONT STREET, STE. B HARRISBURG, PA 17102 SMIGEL, ANDERSON & SACKS, LLP Le y S gel, Esquire I.D.#: 09617 J es Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant /JRD/smm//August 8, 2006 9:03 AM KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant, Robert Holjes, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment ( ) Support () Alimony (X) Counsel Fees () Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The non-moving party has appeared in the action by her attorney, Gary L. Kelley, Esquire. 3. The statutory ground(s) for divorce are 3301(c), 3301(d), 3301(a)(2) and 3301(a)(6). 4. The action is contested with respect to the following claims: divorce, equitable distribution, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: none. 7974-1-4 • Date: p vk' MOVING PARTY Robert Holjes LeRoy Smigel, Esquire James R. Demmel, Esquire 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP By: 0 LQ Le y Sigel, Esquire I.D.#: 09617 Jake . Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant NON-MOVING PARTY Kelly A. Holjes Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 (717) 238-1484 t7 c,,. v? ? ?"' n? c .: ?_.. ?^_?: -< _... _ ? C :` . ? ? -r. _.r., 7 ? s k ? ? ? ?- ? ? a D 8/8120069:03:24 AM/JRD/smm KELLY A. HOLJES, v. ROBERT HOLJES, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6067 CIVIL TERM CIVIL ACTION - DIVORCE INVENTORY AND APPRAISEMENT OF ROBERT D. HOLJES 8/8/20069:03:24 AMQRD/smm ASSETS OF PARTIES Robert Holjes marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (X) 9. Life Insurance policies (indicate face value and current beneficiaries () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) O 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute () 26. Other 07/25/2006 Inventory and Appraisement MARITAL PROPERTY - HOWES No. Property Description Owned Poss'd Amount of Date By au lien Valued Value 1 103 Fieldstone Drive Joint Husband $ 134,000 10/28/04 $ 185,500 2a 2000 Honda Accord Special Edition Wife Wife Estimated $ 12,000 2b 2002 Dodge Ram 1500 pickup Husband Husband $ 5,100 Estimated $ 10,000 3 Savings Bonds Wife Wife Estimated $ 7,000 5a Members First Checkin Account # 120264 Husband Husband 5b Members First Checkin Account # 125468 Wife Wife 12/31/2004 $ 1,670 5c Members First Checking Account # 197078 Joint Husband 12/31/2004 $ 2 6a Members First Savings Account # 120264 Husband Husband 6b Members First Savings Account # 125468 Wife Wife 12/31/2004 $ 80 6c Members First Savings Acct # 197078 Joint Husband 12/31/2004 $ 25 9 Conseco Life Insurance Policy Husband Husband 10/03/2004 $ 623 19a Invesmart 401 Husband Husband 12/31/2004 $ 30,643 19b Thrift Savings Plan #5412 Wife Wife 12/31/2004 $ 33,427 19c Allianz IRA # 167 Wife Wife 12/31/2004 $ 10,807 25a Jewelry Wife Wife To be determined 25b Household Goods Joint Joint To be determined Total $ 291778 07/25/20063:57 PM NON-MARITAL ASSETS - HOWES No. Asset Owners Value Reason Excluded 1 Credenza & shelf Husband To be determined Premarital asset 8/8/20069:03:24 AM/JRD/smm LIABILITIES OF PARTIES Robert Holjes marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED (X) 1. Mortgages () 2. Judgments () 3. Liens () 4. Other secured liabilities UNSECURED (X) 5. Credit card balances () 6. Purchases () 7. Loan payments () 8. Notes payable () 9. Other unsecured liabilities CONTINGENT OR DEFERRED () 10. Contracts or Agreements () 11. Promissory notes O 12. Lawsuits () 13. Options () 14. Taxes () 15. Other contingent or deferred liabilities 07/25/20063:57 PM LIABILITIES No. Creditor Balance 1 Capital One Visa $ 13,988 2 HSBC Mortgage Corp. $ 134,000 VERIFICATION I, Robert Holjes, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: ? 11/0? Robert jes 8/9/20063:48:07 PM IRD/smm KELLY A. HOI.JES, PLAINTIFF V. ROBERT HOLJES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6067 CIVIL TERM CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Inventory & Appraisement of Robert D. Holjes on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the ___q_ day of August, 2006, addressed as follows: GARY L. KELLEY, ESQUIRE 1119 NORTH FRONT STREET, STE. B HARRISBURG, PA 17102 SMIGEL, ANDERSON & SACKS, LLP Le S gel, Esquire I.D.#: 09617 J . Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ' ?' O ?+ m t ? m ? ..:? ? 9 ?? z ? ? ? G' ..? ??? y ? ? cn -r? ?' r?' W ? :? ? ;? KELLY A. HOLIES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT CIVIL ACTION - DIVORCE INCOME & EXPENSE STATEMENT OF ROBERT D. HOLJES INCOME STATEMENT OF ROBERT D. HQUES Employer: Fry Communications, hic. Type of Work: PM Press/Bindery Supervisor Pay Period: Bi-weekly (paid hourly) Gross Pay per Pay Period (varies $1 7.450 per hour) $1,618.49 Itemized Payroll Deductions $470.36 Federal Withholding $149.72 Social Security $121.95 Local/UC $27.36 State Income Tax $49.69 Retirement $97.10 Pre-tax Dental $24.54 Net Pay per Pay Period $1,148.13 EXPENSES Item Weekly Monthly Yearly HOME Mortgage $ 333.55 $ 1,445.38 $ 17,344.56 Maintenance $ 11.54 $ 50.00 $ 600.00 Electricity & Gas $ 69.23 $ 300.00 $ 3,600.00 Trash $ 3.04 $ 13.16 $ 157.92 Telephone $ 34.62 $ 150.00 $ 1,800.00 Water $ 10.85 $ 47.00 $ 564.00 Sewer $ 6.87 $ 29.75 $ 357.04 Lunches $ 18.46 $ 80.00 $ 960.00 INSURANCE Automobile Insurance $ 14.29 $ 61.93 $ 743.16 Life Insurance $ 9.31 $ 40.36 $ 484.32 Accident Insurance $ 5.82 $ 25.20 $ 302.40 AUTOMOBILE Automobile Payment - Chad's Honda $ 12.00 $ 52.00 $ 624.00 Automobile Payment - Motorcycle $ 43.81 $ 189.84 $ 2,278.08 Automobile Fuel $ 41.54 $ 180.00 $ 2,160.00 Automobile Repairs $ 5.77 $ 25.00 $ 300.00 MEDICAL Medical & Dental $ 23.08 $ 100.00 $ 1,200.00 PERSONAL Clothing $ 18.46 $ 80.00 $ 960.00 Food $ 150.00 $ 650.00 $ 7,800.00 Wells Fargo $ 9.23 $ 40.00 $ 480.00 Capital One Visa $ 83.08 $ 360.00 $ 4,320.00 MISCELLANEOUS Entertainment $ 23.08 $ 100.00 $ 1,200.00 Cable Television $ 12.87 $ 55.79 $ 669.48 Vacation $ 28.85 $ 125.00 $ 1,500.00 Legal Fees $ 92.31 $ 400.00 $ 4,800.00 Total Expenses $ 1,061.66 $ 4,600.41 $ 55,204.96 VERIFICATION I, Robert Holjes, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: LO Robe oljes KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Income & Expense Statement of Robert D. Holjes on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the ? day of August, 2006, addressed as follows: GARY L. KELLEY, ESQUIRE 1119 NORTH FRONT STREET, STE. B HARRISBURG, PA 17102 SMIGEL, ANDERSON & SACKS, LLP By: gel, Esquire I.D.#: 09617 Vmmel, Esquire I.D.#: 90918 44317 orth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant - T, ki 1 73 ? rte, G fit- g ern t:' c: w U o < 0 7974-1-4 KELLY A. HOWES, V. ROBERT HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 200fiy?, AUG 14 NO. 04-6067 CIVIL TERM DEFENDANT : CIVIL ACTION -DIVORCE ORDER ((?? (( AND NOW, this 146kday of ^ 2006, f? AQA ( J Esquire, is appointed master with respect to the following claims: divorce, equitable distribution, counsel fees, costs and expenses. B EC 1 Gv1bl,? J. N N C-i cl- y.. 1 lZ .-Z ti l = l al CL , Q ° U N KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT CIVIL ACTION-DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December 3, 2004. 2. The marriage of 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. §4904 relating to unsworn falsification to authorities. Date: KW A. Mies, Plaintiff ° O r C .-I t 2 /JRD/smt//March 20, 2007 10:20 AM KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6067 CIVIL TERM ROBERT HOLJES, : DEFENDANT CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &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 are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: l d q1 o e y A.- oljes, P a i n ff Pn F U= : - '? L n KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT : CIVIL ACTION-DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December 3, 2004. 2. The marriage of 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. §4904 relating to unsworn falsification to authorities. Date: Robert Ijes, Defendant ca rT' C:) - rTf C ) T r^`hl { \ ?? y Vd 4 A 9 /JRD/smt//March 20, 2007 10:19 AM KELLY A. HOLJES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT HOLJES, DEFENDANT NO. 04-6067 CIVIL TERM : CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &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 are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Robert Holjes, Defendant era "? KELLY A. HOLJES, Plaintiff VS. ROBERT HOLJES, Defendant IN THE COURT O? COMMON PLEAS OF CUMBERLAND COU TY, PENNSYLVANIA NO. 04 - 6067 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 9-&- day of, 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on October 9, 2007, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude he 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 Edgar cc: tiger R. Laguna, Jr. Attorney for Plaintiff i mes R. Demmel ttorney for Defendant J O e 0 OURT, I . Bayley, P.J. t -t r-- . - l KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 6067 CIVI ROBERT HOLJES, Defendant IN DIVORCE THE MASTER: Today is Tuesday, October 9, 2007. This is the date set for a conference with counsel and the parties. Present in the hearing ?oom are the Plaintiff, Kelly A. Holjes, and her couns?l Roger R. Laguna, Jr., and the Defendant, Robert Holjes, anj his counsel James R. Demmel. Also present was Mr. Laguna's! partner, Laura Maloney. This action was commenced y the filing of a complaint in divorce on December 3, 2004.1 The divorce complaint raised grounds of irretrievably breakdown of the marriage. No economic claims were raised in the complaint. With respect to the grounds for divorce, the Master has been provided affidavits of consent and waiver r of notice of intention to request entry of divorce decree which have been signed today by the parties. The affida7lits and waivers will be filed by the Master's office wit4 the Prothonotary and the divorce can conclude under Sectich 3301(c) of the Domestic Relations Code. An answer to the complain and counterclaim were filed on April 5, 2006, raising economic claims of 1 equitable distribution and counsel fees and expenses. Neither party has raised any claims for alimony. It is noted that the counterclaim did raise fault grounds for divorce numerated in the counterclaim which are not relevant today since the parties are going to conclude the divorce under the mutual consent provisions of the Domestic Relations Code. The Master has been advised that the parties have reached an agreement after negotiations, and the agreement is going to be placed on the record in the presence of the parties. The agreement a? placed on the record will be considered the substantive'I,agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, When the parties leave the hearing room today, they are bound by the terms of the agreement as stated on the record even though there is no subsequent signing of the agreement affirming the terms of settlement. The Master has been advised by counsel to send the agreement to counsel for review with their clients for typographical errors. Corrections wil be made as requested regarding any typographical errors and then the parties will be asked to sign the agreemo?t affirming the terms of settlement as stated on the recd d. Upon receipt by the Masted of a completed 2 agreement, the Master will prepare an order vacating his appointment and counsel can then file a pr,aecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on June 18, 2001, and separated December 27, 2004. The parties are the natural parents of two children, the older child is emancipated and the younger child is residing with wife. Mr. Demmel. MR. DEMMEL: The parties have agreed to divide their marital assets as follows: 1. Husband will retain the following property as his sole and exclusive property: a) The 2002 Dodge Ram 1500 pick up truck; b) Member's 1st checking account, No. 120264; c) Member's 1st checking account, No. 197078; d) Member's 1st savings account, No. 120264; e) Member's 1st savings account, No. 197078; f) The Conseco Life Insurance policy and all cash value associated with that policy that currently insures husband's life; g) husband's Invesmart 401(k)', account, including any and all contributions and growth on tat account; h) the tangible personal property and household goods currently in husband's possession or control; i) the remaining balance from the joint escrow account titled in both parties' names containing the proceeds from the sale of the marital hors located at 103 Fieldstone Drive after a distribution of '$44,000.00 is made 3 from that account to wife. Husband will be solely and exclusively responsible for tax consequences associated the interest from that joint escrow account. 2. The parties agree that the following property will the sole and exclusive property of wife: with be a) $44,000.00 to be distributed from the joint escrow account containing the proceeds from the sale of the marital home; b) the 2000 Honda accord special edition automobile; c) any and all savings bonds currently titled in wife's name and in her possession or control; d) Member's lst checking account, No. 125468; e) Member's 1st savings account, No. 12468; f) the entire balance of wife''s thrift savings plan, No. 5412, including all contributions and growth on that account; g) the entire balance of wife's Allianz IRA, No. 167, including all contributions and growth on that account; h) any and all tangible personal property currently in wife's possession or control.: 3. The parties have agreed to divide their debts with husband being solely and exclusively responsible for the Capital One Visa card, on which he has made payments since the parties separated. Wife has already satisfied the debts that she undertook to pay when the parties separated. Husband will indemnify and hold wife harmless for the remaining debt on the Capital One Visa account. 4. Both parties will be individually rq ponsible for their own counsel fees incurred as a result of! he divorce action and are waiving any claims for reimbursen6nt of counsel fees from the other party. 5. Both parties agree that the motorcycle currently titled in husband's name is for the benefit of their younger son Chad, and that they will not unreasonably:':withhold Chad's access to the motorcycle. 4 f ? fl f ? 6. Husband also agrees to give wife accelss to family pictures so that the parties can agree to'Idivide or copy pictures currently in his possession and control. The parties will arrange a mutually agreeable time and place to review those pictures together. 7. Except as herein otherwise provided,'Ileach party may dispose of his or her property in any way and each party hereby waives and relinquishes any and al 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, ackn''wledge, 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. DEMMEL: Mr. Holjes, yOu have been present and heard the recitation of the terms of the marriage settlement agreement this mornini is that correct? MR. HOLJES: Yes. MR. DEMMEL: And do you aq?ee that the terms as put on the record this morning accurately reflect your agreement to settle the entire divorce meter including any and all economic claims that you would have? MR. HOLJES: Yes. MR. LAGUNA: Kelly, likewise, you've been present during the -- before we went on the record you were present and helped negotiate the terms of the settlement that you just heard read in to the recor MS. HOLJES: Yes. 5 MR. LAGUNA: Having heard what was just read in to the record, do you feel as though tilat is a fair resolution of all of the property and other rights that you have in the divorce proceedings? MS. HOLJES: Yes. MR. LAGUNA: Is it your desire to proceed and have this made an order and finalize ever''ything? MS. HOLJES: Yes. MR. LAGUNA: And you unde tand that there is no way to come back and undue that if yo (feel like something was done a little wrong or you want to tweak it; that is the end? MS. HOLJES: Yes. MR. LAGUNA: And you stil want to go forward? MS. HOLJES: Yes. THE MASTER: You understand, Mr. Holjes, that you are bound by this agreement when you leave here today? MR. HOLJES: Yes. THE MASTER: Even though t hasn't been signed? MR. HOLJES: Yes. THE MASTER: And you unde stand that we are going to send it around for you to revie for typographical errors and then ask you to affirm the settlement by signing 6 the agreement? MR. HOLJES: Yes. THE MASTER: You understand that also, Mrs. Holjes? MS. HOLJES: Yes. THE MASTER: Thank you. I acknowledge that I have read stipulation and agreement, that I underst settlement as set forth herein, and that ratify and affirm the agreement previousl to bind myself to the settlement as a con myself to the terms of settlement and sub the methods and procedures of enforcement imposed by law and in particular Section Domestic Relations Code. WITNESS: --koger R. La na, Jr. Attorney for laintiff ame R. mme t rney for Defendant DATE: o? ?a Z3 L 161 he above nd the terms of y signing below I made and intend ract obligating ecting myself to which may be 105 of the y Holjes 7 KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT : CIVIL ACTION -DIVORCE ACCEPTANCE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above referenced matter, do hereby certify that I was served a true and correct copy of Plaintiff's Complaint Under Section 3301(c) or 3301(d) of the Divorce Code on December 14, 2004 and certify that I was authorized to do so. SMIGEL, ANDERSON & SACKS, LLP Date: a- 4? By: LeRo migel-, I squire I.D.#:-096-17 R. Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant a C-D J" . r KELLY A. HOLJES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6067 CIVIL TERM ROBERT HOLJES, DEFENDANT CIVIL ACTION- 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served via regular mail on counsel for the Defendant on December 14, 2004. A copy of the signed Acceptance of Service is attached hereto. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on October 9, 2007; and by Defendant on October 9, 2007. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: Not applicable. (2) Date of filing and service of the Affidavit upon the Respondent: Not applicable. 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: Not applicable. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 9, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 9, 2007. SMIGEL, ANDERSON & SACKS, LLP Date: By: Le Smi el, Esquire I.D.#: 09617 Jam s R. emmel, Esquire I.D.#: 90918 4431 orth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant All KELLY A. HOLJES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6067 CIVIL TERM ROBERT HOLJES, CIVIL ACTION -DIVORCE Defendant ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint in the above-captioned matter on behalf of the Defendant and hereby certify that I am authorized to do so. 12-llq6q DATE ra t t.... _,, ? . ?`° ? `? ,.. -r? `? _...;r; ?:, ? iv ?= ?.? - --?° _P. _.. _ ` '; r ?.a , - = e? __; ?:= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 04-6067 Cava. VERSUS DECREE IN DIVORCE AND NOW, De e- ZED , IT IS ORDERED AND DECREED THAT Kelly A Holies , PLAINTIFF, AND Robert Holjes 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. It is further ORDERED and DECREED that the Marriage Settlement Agreement executed by and between the parties, dated October 9, 2007, is incorporated by reference into this Decree for the purposes of enforcement, but shall NOT be deemed to have been merged with this Decree. BY THE CO ATT E U J ?W??7 PROTHONOTARY ??s ???s?" s '?`{ ? . . ? r r. `' i" ?.?"'? ... as ?t ??')?lO- i