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HomeMy WebLinkAbout02-0926CINDY ELAINE HOLTZMAN, Plaintiff, THOMAS JOSEPH HOLTZMAN, JR., Defendant. TO: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT IN DIVORCE _NOTICE TO DEFEND AND CLAIM RIGHTg THOMAS JOSEPH HOLTZMAN, JR. 15 George Street Mechanicsburg, PA 17055 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 ease may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you. 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 at the Franklin County Courthouse, 157 Lincoln Way East, Chambersburg Pennsylvania, 17201. 1~ 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 ~ RIGHT TO CLAIM ANY OF TI-IE~M. YOU SHOULD TAKE TI-lIS PAPER TO YOUR LAWYER AT ONCE. 1~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~ OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: By: .. Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front SWeet, P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff CINDY E. HOLTZMAN, Plaintiff, V. THOMAS J. HOLTZMAN, JR., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT IN DIVORCE COMPLAINT IN DIVORCF~ 1. Plaintiff Cindy E. Holtzman is an adult individual residing at 506 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant Thomas J. Holtzman, Jr., is an adult individual residing at 15 George Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiffhas been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 17, 1983 in Mechanicsburg, Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Rights Act of the Congress of 1940 and its amendments. 6. Plaintiff's Social Security number is 202-50-2988, and Defendant's Social Security number is 191- 46-3822. 7. 8. There have been no prior actions of divorce or for annulment between the parties. Plaintiff has been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 9. There were two children bom of the marriage, Troy Thomas Holtzman (d.o.b. 7/26/91) and Lance Robert Holtzman (d.o.b. 10/01/92). COUNT I DIVORCE 10. The averments of Paragraphs 1 through 9 hereof are incorporated herein by reference. 11. The marriage is irretrievably broken. 12. The parties have been living separate and apart since October 15, 2001. 13. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 14. Plaintiff requests the Court to enter a decree of divorce, divorcing Plaintiff and Defendant. ..COUNT II EQUITABLE DISTRIBUTION 15. The averments of Paragraphs 1 through 14 hereof are incorporated herein by reference. 16. During the marriage acquired marital property, assets and debts which Plaintiff requests the Court equitably distribute and assign. COUNT III SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 17. The averments of Paragraphs 1 through 16 hereof are incorporated herein by reference. 18. Plaintiff requires reasonable support and/or alimony pendente lite to adequately sustain herself within the standard of living established during the marriage and to properly and adequately maintain the within action for divorce. WHEREFORE, Plaintiff requests that this Court enter a decree in divorce, enter an Order equitably distributing marital property, award Plaintiff support, alimony and alimony p_endente .lite, and enter such other orders as are appropriate and just. METZGER, WICKERSHAM~ KNAUSS & ERB, P.C. By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff VERIFICATION I, Cindy Elaine Holtzman, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statemems herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: Cindy Elaine l~olt~man CINDY ELAINE HOLTZMAN, Plaintiff, THOMAS JOSEPH HOLTZMAN, JR., Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-926 : : COMPLAINT IN DIVORCE : AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, Cindy Elaine Holtzman, in the above- captioned divorce action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant's counsel, Carol J. Lindsay, Esquire, on March 5, 2002. Attached hereto, marked as Exhibit A, and incorporated herein by reference, is the Acceptance of Service. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Exhibit A CINDY ELAINE HOLTZMAN, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 02-926 THOMAS JOSEPH HOLTZMAN, JR., Defendant. COMPLAINT IN DIVORCE ACCEPTANCE OF SERVICE I, Carol J. Lindsay, Esquire, counsel for Defendant Thomas J. Holtzman, Jr., hereby certify that I am authorized to accept service of the Complaint in Divorce on behalf of my client and do so this f-~day o,q~/~, 2002. Saidis,LShuff, Flower & L'~dsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Defendant CINDY ELAINE HOLTZMAN, Plaintiff Vo THOMAS JOSEPH HOLTZMAN, JR., Defendant IN THE COURT OF CO CUMBERLAND COLIN CIVIL ACTION - LAW NO. 02-926 IN DIVORCE MMON PLEAS OF TY, PENNSYLVANIA AFFIDAVIT OF CONSENT 1. A Complaim in Divorce under Section 3301(c) of the DivorcI Code was filed on / February 22, 2002, and served upon Defendant's counsel, Carol J. Lindsay, Esquire, on March 5, 2002. Affidavit of Service filed March 14, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken ~nd ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service to request entry of the decree. ~f notice of intention I verify that the statements made in this affidavit are tree and correct. Iiunderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: Cindy EI~ Hollzman Document #: 265086.1 C~ CINDY ELAINE HOLTZMAN, Plaintiff Vo THOMAS JOSEPH HOLTZMAN, JR., Defendant IN THE COURT OF coMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-926 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(c) OF THE DIVORClg CODE 1. I consent to the entry of a final decree of divorce ,Mthout notice. 2. I understand that I may lose rights concerning alimony, d lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is and that a copy of the decree will be sent to me immediately after it is filed wit[ I verify that the statements made in this Affidavit are lxue and corre~ ivision of property, entered by the Court · the Prothonotary. :t. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 490~ relating to unswom falsification to authorities. Dated: Cindy Elain~Holtzman Document #: 265087.1 CINDY ELAINE HOLTZMAN, Plaintiff Vo THOMAS JOSEPH HOLTZMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-926 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 22, 2002, and served upon Defendant's counsel, Carol J. Lindsay, Esquire, on March 5, 2002. Affidavit of Service filed March 14, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: 5;Hol~ Document #: 265086. I CINDY ELAINE HOLTZMAN, Plaintiff THOMAS JOSEPH HOLTZMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-926 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER q 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 conceming 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: Thomas J¢seph' Holtzm~ J~r. Document #: 26508Z 1 THOMAS IOSEPH HOLTZMAN, Defendant IN THE COI3P-T OF COMMON pLEAS CIVIL ACTION - LAW NO. 02-926 IN DI¥ oKCE TO THE pRoTHONOTARY: with ~e follo~ng ~o~aron, to ~e ~dly ~t ~e record, toge~er of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. ,.~ ^ Complaint in Divot. ce ~as~f~!;e~ed ;~ _c ~o~,,ice of Comp~mm: . "~ , t-~,.ol ] Lindsay, r,~q~,,~ , 2. Date and manner m ~,- ~ __ r~fendant's counset, ,~o~ · 22, 2002, ana servea m~ ~-~-' filed on March 14, 2002. February An Affidavit of Service was March 5, 2002. 3. Complete either paragraph (a) or (b): and Defendant's Affidavits of Consent (a) Date of execution of Plaintiff's required by Section 3301(c) of the Divorce Code: Plaintiff: April 9, 2003, filed April 10, 2003 Defendant: April 7, 2003, filed April 11,2003 Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the (b)(1) Divorce Code: NA (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: Filing: NA Service: NA 4. Complete the appropriate paragraphs: Document #: 267070. I o Related claims pending: None None Cla'u-ns withdrawn: Claims settled by agreement of the parties: All State whether any written agreement is to be incorporated into the Divorce Decree: Yes. Attached to Decree in Divorce. Date and manner of service of the Notice of Intention to File ?raecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: Service: NA Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 10, 2003 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 11, 2003 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for plaintiff Document #: 267070.1 CINDY ELAINE HOLTZMAN, Plaintiff Vo THOMAS JOSEPH HOLTZMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-926 IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this \~131%y of ~.;~ , 2003, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Cindy Elaine Holtzman, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andrew C."S~ Document #: 267070.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CINDY ELAINE HOLTZMAN, Plaintiff versus THOMAS JOSEPH HOLTZMAN, JR. , Defendant NO. 02-926 DECREE IN DIVORCE DECREED THAT CINDY ELAINE HOLTZMAN 2003 , iT IS ORDERED AND , PLAINTIFF, AN D THOMAS JOSEPH HOLTZMAN, JR. , 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; The Property Settlement and Separation Agreement between the parties dated April 7, 2003, is incorporated but not merged herein.