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HomeMy WebLinkAbout96-00449 7"";' ~, ;;e, , . -? "7-' -F - d ~' ~: q:,' ej' .. a- ' -::r " -r.' '. . ,i . . *~.~-~~-~~*~*.~~~~****~*.~..~**.~*~~~ ~ -~_.....--,.-...._----..._...._~--..__.....-... ,,- _............---....-,.-.'""'-~-..-..._.._-... ._..~ ~ ..- ,.~.., ~-~----, .....-~ ...-......--- '>--.. ..-. ~- --'(~ ~,: )~ I, 1... PLEAS ~ ~ ,? ~ ~~ - ~ ~.~..~..*.**~*****~.*.~**.******~. . ~ IN THE COURT OF COMMON ~I .. ~I .. OF CUMBERLAND COUNTY ~ ~~\~. ~~~~~ ~', ~'#-"""r ~ .'. ~ STATE OF PENNA. ~; ". ~ ,;, " Cindy E. Holtry Plaintiff i'\ n. .. ,44,!L",..".. ..,....~,~,~.!i .', ~ ~ ~, \'l'I'~llS ~ JeffreyA. Holtry Defendant ~ s ~ '.' w '.' DECREE IN DIVORCE * ~I .. ~ -, ~ '.' AND NOW, ".., ,;f.v.l;'l,,"" ,3.Q".",."" 19 ~14." it is ordered and decreed that.., .~,i,I'\q.y, ~." ,J:I?,l,t;J;"y".",..,..,.""""",.". plaintiff, and, .. .Jef.frey, A., Holtry. " , ,... , , ,. , " " ,. " , ' , ,. " .. .. " defendant, are divorcee 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; ~ ... w ',' No claims pending ................ '.'..................... ......... ...... 8 ~ ~" ~ II y The C Z r t '1/ -J (! J r ,LL \/7, ,fc..,\ ~ Fe...... r Alle.I:\ tk,:k /.)6~L..P~~ ,t~ r ~tf, D.rZ /'17 Prothonotnry .'. ~ ,;, " M ,,' ~ ~ 7- ~ 7. __ ',' L. , '. ' :'''':' .>>:. .:.:. .:.:- .:.:- -:.:. J, ~ ',' $ ~ ~ *- ',' s ~ ',' * ;.; * ~ ". ~ .~ w ... .'. ~ M l~ ~ s ~ s ~ * * \~ , ' ~~ I'" T;~ ) , ~ ~ S :~ '~ ~ .. " . ~'J:"~ de/'. ~ ~a,;# ~ tf,'3:' ~ ~~ "'ff.~ 7$ ...~ , . CINDY E. HOLTRY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA vs. DOCKET NO. 449 CIVIL 1996 JEFFREY A. HOLTRY Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit lhe record, logether with the following infonnation, to the Court for entry of a divorce decrce: I, Ground for Divorce: Irretrievable breakdown under Section 330 1 (c) of the Divorce Code, 2. The complaint was served upon Defendant on February 13, 1996 via certified return rt.>ceipt mail. 3. (a) Date of execution of lhe atlidavit of consent required by Section 3301(c) of the Divorce Code: ByPlaintitl: May 5, 1999; By Defendant: May 5, 1999 , 4. Related claims pending: NONE, 5. Date Defendant's Waiver of Notice in *3301(c) Divorce WIIS filed with the Prothonotary: .Tune 23. 1999 Date Defendant's Waiver of Notice in *3301(e) Divorce was tiled with the Prothonotary: June 23, 1999 DATE: ,Tnn..'1 1999 \",""'_.,. ,~ ~",. Jol n H, Broujos, Esq re At omey lor Plaintilr BiUujos & Gilroy, PC 4 North Hanover Street Carlisle, P A 17013 717-243-4574 , CINDY E. HOLTRY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 449 CIVIL 1996 JEFFREY A. HOLTRY, Defendant. IN DIVORCE AND NOW, this ORDER OF COURT r~ day of 1999, the parties and counsel having entered agreement and stipulation resolving the economic issues on May 4, 1999, 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. cc: John H. Broujos Attorney for Plaintiff ~... /?>..,d.,{ 5' /"/9t;. ..,:\:'P. Harold S. Irwin, III Attorney for Defendant rrLffl.C,~FICE C,. " .. , ,--.. "'''')t~ny 'j' .f ". J." ...., I' I , i I I S911~Y~5 PH 1,:07 CL'I'.:E.i:.:~.!.i,;!j CoJu,Irry flENNSYLVANI^ I l' , .. -i....'... " < . i I. i I , ~ I 1 CINDY E. HOLTRY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 449 CIVIL 1996 I ! JEFFREY A. HOLTRY, Defendant. IN DIVORCE AGREEMENT Proceedings held before E. Robert Elicker, II, Divorce Master Cumberland County Courthouse, 9 North Hanover Street, Carlisle, Pennsylvania proceedings held on May 4, 1999, commencing at 9:00 a,m. John H. Brojous Attorney for Plaintiff Harold S. Irwin, III Attorney for Defendant . 2 THE MASTER: Today is Tuesday, May 4, 1999. This is the date set for a Master's hearing in the above-captioned proceedings. Present are the plaintiff, Cindy E. Holtry, and her counsel, John H. Brojous; and the defendant, Jeffrey A. Holtry and his counsel, Harold S. Irwin, III. The divorce complaint was filed on January 29, 1996 raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The complaint raised the economic claims of equitable distribution, alimony pendente lite, counsel fees and expenses. Counsel for wife intended to file an amended complaint and, in fact, may have done so, but the docket entries do not show that an amended complaint was filed, although Mr. Irwin, attorney for the defendant, apparently filed an answer to an amended complaint. Mr. Brojous is going to file with the Court today a copy of the amended complaint so that the record is complete and the docket will properly show the filing of the complaint. The amended complaint raised the economic claim of alimony on behalf of the plaintiff. The parties have provided the Master with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed May 4, 1999, which will be filed with the Prothonotary by the Master. , . The divorce will be able to be concluded under Section 3301(c) of the Domestic Relations Code. After extensive negotiations this morning, the Master has been advised that the parties have reached an agreement as to all of the outstanding economic claims. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed 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. Later today the parties and counsel will return to the Master's office to review the draft of the agreement for typographical errors, we will make any correction of typographical errors as required, and the parties will sign the agreement affirming the terms of settlement as placed on the record at this time. There will be no modifications to the agreement of a substantive nature following the statement of the agreement on the record. After the Master has been provided the signed agreement, which the parties and counsel are going to sign affirming the terms of the settlement as placed on the record, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting 3 4 the record to the Court requesting a final decree in divorce. MR. IRWIN: The parties have agreed with counsel and stipulate that the total value of the marital estate, exclusive of Mr. Holtry's pension, is $113,873.98. of that amount, approximately $68,859.00 is in the form of an escrow account currently maintained by Attorney Brojous, attorney for the plaintiff. 1. The parties have agreed that the marital estate shall be divided 60 percent to cindy E. Holtry, plaintiff, and 40 percent to Jeffrey A. Holtry, defendant, exclusive of the pension amount. Plaintiff's shares shall be reduced by the items of marital property already in her possession, being her car, various items of personal property, 50 percent of two prior-year tax refunds and proceeds of a personal injury case leaving a balance of distribution to the plaintiff in the amount of $41,339.89. The defendant, Jeffrey A. Holtry, shall receive 40 percent of the marital estate. Said share shall be reduced by the value of property already in his possession, being his truck, 5 various items of personal property, 50 percent of two tax refund checks, the amount of an insurance and tax escrow from the sale of the home, and a York Federal refund check from 1995, as well as his camper leaving a balance of $27,519.61. The parties further agree that after payment of these distributions and the other items mentioned below, if there is any balance in the escrow account, it shall be divided 60 percent to plaintiff, 40 percent to defendant. 2. In addition, defendant's pension fund administered through his employment with Lear Corporation shall be proportioned 55 percent to the plaintiff and 45 percent to the defendant with a coverture fraction of 0.7244. This division shall be handled through a qualified Domestic Relations order prepared by defendant's counsel, 3. The parties also own various life insurance policies. The two life insurance policies on the life of defendant and the life insurance '",." . , 6 policy on plaintiff shall hereafter name the I parties children as irrevocable beneficiaries until the youngest child reaches age 21. Further, until that time, the parties waive any right to use the cash value of such policies. In addition, the parties own life insurance policies on the lives of their children. The oldest child is now 18 and the parties have agreed that this policy shall be turned over to her and hereafter she will be responsible to maintain the policy, if she desires. The policy on the youngest child shall remain in effect until she reaches 18 or graduates from high school with the defendant being responsible to pay the premiums, and both parents remaining on the policy as beneficiaries until such time as the child reaches 18 or graduates from high school, at which time the policy will be turned over to her to be responsible for in the future, if she desires, 4 (a). The parties have one remaining marital debt, that being to Capitol One Master Card. The 7 current balance is undetermined, but it is believed to be approximately $2,558.00. Defendant agrees that the balance of this account may be paid from his share of the distribution from the escrow account. However, plaintiff's counsel shall include a letter with the payment indicating that the plaintiff contracted for the accounts and any negative reference on Jeffrey Holtry'S credit report should be removed. Further, defendant hereby releases the plaintiff from any and all other claims with regard to the establishment of this account. Defendant further agrees not to bring or request to be brought any criminal charges related to the establishment of these accounts. (bl . The plaintiff agrees that she opened the Penney's, Montgomery Ward and Fashion Bug account and warrants that they have been paid in full. Plaintiff's counsel shall also provide a letter to that effect. Both letters shall be directed to Credit Plus Solutions, P,O. Box 67533, Harrisburg, Pennsylvania 17106-7533. ...., <. ~. ~... 8 (c). Plaintiff has a dental bill to K.C. Williams, D.M.D., in the amount of $837.50. The parties have agreed that this bill should be apportioned as follows: $502.50 from the Defendant; $335.00 from plaintiff, These amounts shall be deducted from their share of the escrow account proceeds. 6. Both parties waive and forgo all spousal support, alimony pendente lite, alimony, counsel fees and costs. This waiver includes any obligation of the defendant to provide medical insurance coverage for the plaintiff. 7. 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 of 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 ~ ~ 9 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 interests, rights, and claims. In addition, the parties agree to meet at a mutually convenient time and place within 30 days from this date to transfer title to their motor vehicles. Plaintiff also agrees to execute the checks for the escrow and tax refunds previously received and in the possession of defendant, THE MASTER: Would you state your name. MRS. HOLTRY: Cindy Holtry. THE MASTER: And, Mrs. Holtry, have you been present during the statement of the agreement on the record? MRS. HOLTRY: Yes. THE MASTER: And do you understand the terms of the agreement as stated on the record? 10 MR3. HOLTRY: THE MASTER: Yes. Do you have any questions about the agreement? MRS. HOLTRY: No. THE MASTER: And you understand that the agreement as stated on the record will not be subject to any changes or modifications after you leave he~today? MRS. HOLTRY: Yes. THE MASTER: And that you'll be returning to review the agreement for any correction of typographical errors and then signing the agreement? MRS. HOLTRY: Yes, THE MASTER: Would you state your name. MR. HOLTRY: Jeffrey Holtry. THE MASTER: Mr. Holtry, have you been present during the statement of the agreement on the record? MR. HOLTRY: Yes. THE MASTER: And do you understand the terms of the agreement as stated on the record? MR. HOLTRY: Yes. THE MASTER: And are you in agreement with the terms? MR. HOLTRY: Yes. THE MASTER: And do you understand that after you leave this conference room, you cannot make any -Jl 11 changes to the agreement, and that you're going to return later today to affirm the agreement by signing it? MR. HOLTRY: 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 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: .!:E:: ~ ~t ~~4t, -t~~-IJu. Ci~~;tk. Holtry ~ -q/4-?2~7- ~tZ~l A. Holtry < 74/'5 __--t':.___l,_ , ----------/:----- -- Harold S. (~rwin, II Attorney fo ndant . ' , CINDY E. HOLTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. LJ4(1. CIVIL 1996 Plaintiff v JEFFREY A. HOLTRY Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important 10 you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Prothonotary's Office at the Cumherland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717 - 240-6200 < -""-. ~ -., . . I. , . I ... CINDY E. HOLTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW Plaintiff v JEFFREY A. HOLTRY NO. CIVIL 1996 Defendant IN DIVORCE COMPLAINT Plaintiff Cindy E. Holtry by her attorney, Broujos, Gilroy & Houston, P,C" sets forth the following: J. Plaintiff, Cindy E, Holtry, is an adult individual residing at 165 Frytown Road, Carlisle, Cumberland County, Pennsylvania 17013, 2. Defendant, Jeffrey A. Holtry, is an adult individual residing at 165 Frytown Road, Carlisle, Cumberland County, Pennsylvania 17013, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to lhe filing of this complaint. 4, The parties were married on June 19, 1977 in Carlisle, Cumberland County, Pennsylvania, 5, There have been no prior actions for divorce or annulment between the parties in lhis or any other jurisdiction, 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to requcsl that the Court require the parties to participate in counseling. " , ~'" . .-........-',.... '. COUNT I - INDIGNITIES 7. In accordance with Section 3301(a)(6) of the Divorce Code, the marriage between the parties is irretrievably broken; Defendant has caused the PlaintitT to sutTer such indignities so as to render her life intolerable and burdensome, WHEREFORE, the PlaintitT requcsts your Honorable Court to decree that the PlaintitT be divorced from the Defendant. COUNT II - EQUITABLE DISTRIBUTION 8, Paragraphs I through 7 of the Complaint are incorporated herein by refercnce as though set forth in full. 9, PlaintitT and Defendant have acquired property, both real and personal during their marriage from June 19, 1977, until the presenl time, WHEREFORE, PlaintitT requests your Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS, AND EXPENSES 10, Paragraphs I lhrough 9 of this Complaint are incorporated herein by reference as though set forth in full, II, PlaintitT has employed counsel, but is unable to pay lhe necessary and reasonable attorney's fees for said counscl. '. 12, Plaintiff is unable 10 sustain herself during the course of lhis litigation, WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite, interim counsel fees, costs, and expenses, until final hearing and thereupon award such additional counsel fees, costs, and expenses as deemed appropriate, JANUARva1' , 1996 JOHN H~bBROUJOS, ESQul ATIORJ'V FOR PLAINTIFF '" BROUJOS, GILROY & HOUSTON, P.C. 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717/243-4574 OR 7171766-1690 FAX #717/243-8227 , I verify that the statements in in the foregoing pleading are true WId correct. I understWld that false statements herein are made subject 10 the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities, f_L,ld~ E. ~I(f Cindy E. oltry .j. if ill :l 1 !? c:: ..I' d ..:1' ]. .1 ~ ~ N , ~; ./! I--' Ii) 1:. ~ ,) .. 1- - :.j..... t.~ a II') (~*~-' - 'J 8 ....~ ' I rI .9 . . . ."~. : ~~ J 0 ..., , 0- rfl <.1\ 1. " IJ) f.J) :.> '1"\ ltl (i -:r ," ,- C1:!1" C'J ,'11 ~~ T 0 rI) -" , ' - ltl : .,~ ' l~ '_. . ,- ' ',.-,' .;It. r1> ll. 1 ~ ,1;.2 /"ll :<J ~ <.' ,., :!'..: ...' ~ rL, lj, .., ld- .J (J CJ ,. , , . CINDY E. HOLTRY PlaintIff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. '1t19 CIVIL 1996 IN DIVORCE v JEFFREY A. HOLTRY Defendant CERTIFICATE OF SERVICE I, John H, Broujos, Esquire, hereby certifY that a true and correct copy of the foregoing Complaint in Divorce has been upon the Defendant Jeffrey A, Holtry by Certified, Restricted, United States Mail, First Class, Postage Prepaid, on February 13, 1996, to: ' Jeffrey A, Holtry 165 Fry town Road Carlisle, PA 17013 ~ J) JOH H, I3ROUJOS, ESQUIRE ATTORNEY FOR PLAINTIFF , '...I BROUJOS, GILROY & HOUSTON, P.C, 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA ]7013 717/243-4574 FAX #717/243.8227 .. ~~ ,,- II, i ,.-" It) ~ ~:J '.~ ( ,. f-" r:"' ,,0 I.. ~ : ;.:~ " .- l..;); " ~~ L) -' 'fi] u !' 1 .,~ i.:: , r: -::.: _:l..:': I'. LI? ,-' (.l c.;'. , ,J - .-J' , Offlclll SUllnon 11~~~e' B UNITED STATES.POSTAL SERVICE Print your name, address and ZIP Code here · Broulo8, Gilroy & Houston, P.C. . .1 North Hanover Street ~\'"!rf!";.lr). Pf', ~ 7,P)--::3 ~1TN: JOIN H, BI~'-lj'~i:) t fSQ !:;;v. 1(, .' ,,~ '".',. .....,~ :,.' o. I ~ H , I f ) " , ' }', -,' -;-. __J' I ,',",~ I.. " t . Complet..~trnl 1 IC'ld/Df 2 'ot additional tlMCH. I. Com....l. tt.,.,. 3. .nd ... · b. , . Print your MmI Md Md,... on the ,.".,.. 01 ItN form 80 \hit w. cen I ,1IIUm thl. ant 10 you. . Attach tN. IQfm 10 the "ont 01 lhe m.ilplece. Of on the back " .~c. I doe. not PI"",t. j .J . Wrt1. "A.lum AKtIpt AIquISIItd" on thI mailpltc. below thI.mdt numbt, J . The A.tum Atnlpt will show 10 whom lhI.rtklt w.. dtllv,,1td Ind the dtt. ) Ii doll..,", ) 'I 3, Artlcl. Addrelled to: 1 t _~ft'~::'f II ~jdIR~ I ~ ll.;< t~'IJltkl. ({d I II: '~LII,i/IS!t, j{II)('J.~ ) g I : &i;,Slg~re lA I 2, R.ltrlcted D.llv.ry , Consult Oltmaltsr for fee. 41. Article Number ') .J~? 13~ 'i/)..... 4b, S.rvlc. Typ. o R.gllllred 0 Inlured ClI C.rtlllld 0 COO fj Exprell Mill .li!il'Rllurn R.c.lptlor 7, DII. o~.~ry S, AddlOII. 'I Add .nd f.. II p.ld) I .112 wllh to rec.lv. th. followl"" larvlcl. Clor en extra j' 1..1: 1, 0 Addrell.... Addr.l. i J j f .2 . D.c.mber 1991 ..u"'Cll'O:'~::t DOMESTIC RETURN RECEIPT ",:. '." " , I ~ q , I f ,~' 'I J " ,.. . . . . . \ CINDY E. 1101. TRY Plalnllff : IN TilE COURT OF COMMON J>L~:AS OF : CUI\18ERLANIl COUNTY, PENNSYLVANIA V5. DOCKET NO. 449 CIVIL 1996 JEFFREY A. 1101. TRY Defendant IN I>IVORCE PLAINTIFF'S AFFII>A "IT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO R~:QUEST ENTRY OF A I>IVORCE IlECREE UNIlER SECTION 3301 (C) OF TilE I>I"ORCE COilE \, A Complaint in divorce under Section 3301 (C) of the Di\'orce Code WlL~ tiled on Januury 29, 1996, 2, Defendant acknowledges receipt und uccepts service of the Complaint on or IIbout February 13. \996, 3, The marriage of the Plllintil1' and Defendant is irretrievably broken IInd ninety days have elapsed from the dute of the tiling of the Complaint. 4, I consent to the entry of u tinlll decree of divorce without notice, 5. I understund thutl muy lose rights eonceming ulimony, division of property, lawyer's fees or expenses if I do not c1uim them bclilre a divorce is grunted, 6, I understand thutl will not be divorced until II Divorce Decree is entered by the Court und that u copy of the Decree will be sent to me immediutely uller it is liIed with the Prothonotary, 7. I huve heen udvised of the avuilubility of marriage counseling und understllnd thut I may request thut the Court require counseling, I do not request that the Court require counseling, I verify thut the stutements mude in this utlidavit lire true and correct. I understund thut fu\se statements herein ure mude subject to the penalties of l!l Pu,C,S. *4904 reluting to unswom falsitieutionto uuthorities, Date: 6-. t/ C19 c"L Cindy E, Holtry. Pluintitr o -' >- U) ~ rr, ..:2 .( 1- .. ~ t.uG:: C1\ "l~ ("1-." :t= C>:'d: ..&.:.C" f'-',' -: ,-:1~ ~f> ..~ trl ~-, 'n I ,_lZ l.U (... (.~ ~? rE;:: >- i41iE iL 0<% :c ~ I.L en <.) en U . I .. . - . <, . .. . CINDY E. 1I0L TRY Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V5. DOCKET NO. 449 CIVIL 1996 JEFFREY A. HOLTRY Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF TilE DIVORCE CODE I. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 29, 1996. 2, Defendant aeknowledges r~'Ceipt and accepts service of the Complaint on or about February 13,1996, 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, 1 consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony. division of property, lawyer's fees or expenses if I do not elaim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7, I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling, I do not request that the Court require counseling, I verifY lhat the statements made in this atlidavit arc true and correct. I understand that false slatements herein are made subject to the penalties of 18 Pa,C,S, ~4904 relaling to unsworn falsifieation 10 authorities. Date: S /y /99 f ( J ~ \0 ~ ...:t h (jo, ::1< O.:ij u.J-~# ():"~ !".,. -( ; :x ,...~ H."i , r !:)>= ~,:; lrl ~.~ r.. I "J-, f... ~5:;'= G:11; >- .' 11.1 """ ~:J u. r," :.c .' .~ Co. en a 0 In '" ., o JOliN H, lIKUUJOS HU11I,Kr X, CILKOY BROUJOS & GILROY, I',C, AITOKNI:YS ^I' L^W 4 NOKm H^NOVIK SIKII:I C^KI.IM,I, I'I.NNSYI.V^NI^ 171113 I have asked Attorney Irwin to consent to the amendment, since ample notice thereof wa~ given, Have you received any request from Mr. Irwi~earing on marital misconducl'! \"~~~'nce,rd yours, ~~~J ,"' 'J \, \ 0, H, BrouJos slm ___/ 717.243-~S74 717.7'lool'~1I I'^x: 243-H227 May 19, 1998 Robert Elicker, Esquire Office of Divorce Ma~ter Hanover Strcetd Carlisle, PA 17013 RE: Holtry V5. Holtry Dear Robert: The Pre-hearing Conference Memorandum of Feb, 9, 1998, states that "if counsel are going to need a hearing on marital misconduct, they should advise the Ma.~ter so we can set a special time to take the testimony of the witnesses . , , " I noted that I advised that I would file an anlendment to add alimony to the claim, When we filed the original Complaint to include equitable distribution and alimony pendente lite, counsel fees, COSL~ and expenses, somehow the word "alimony" was left out. I indicated this lapse at the pre-hearing conference on February 9, 1998. I also noted "alimony" in the motion for ma~ter, We have given sufficient advance notice of our intent, so that there is no surprise, ,"..01., CINDY E. HOLTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION - LAW Plaintiff v JEFFREY A. IIOLTRY NO. 449 CIVIL 1996 Defendanl IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court, If you wish 10 defend against the claims set forth in the following pages, you must take prompt action. You are warned lhat if you fail to do so, the case may proceed without you and a decree of divorce or annulmenl may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requesled 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY. LAWYER'S FEES OR EXPENSES. BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 IIELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 , CINDY E. HOLTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL DIVISION. LAW JEFFREY A. HOLTRY NO. 449 CIVIL 1996 Defendanl IN DIVORCE AMENDED COMPLAINT Plaintiff Cindy E, Holtry by her attorney, Broujos, Gilroy & Houston, P.C" sets forth the following: I. Plaintiff, Cindy E, Holtry, is an adult individual residing at 165 Fry town Road, Carlisle, Cumberland County, Pennsylvania \7013, 2. Defendant, Jeffrey A, Holtry, is an adult individual residing at 165 Fry town Road, Carlisle, Cumberland County, Pennsylvania 17013. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six montbs immediately previous to the tiling of this eomplaint. 4, The parties were married on June 19, 1977 in Carlisle, Cumberland County, Pennsylvania, 5. There have been no prior actions for divorce or annulment between tbe parties in tbis or any other jurisdiction. 6. Plaintiff has been advised tbat counseling is available and that Plaintiff may have the right to request tbat the Court require the parties 10 participate in counseling. .. , COUNT I . INDIGNITIES 7, In accordance with Section 3301(a)(6) of lhe Divorce Code, lhe marriage between the parties is irretrievably broken; Defendant has caused lhe Plaintiff to suffer such indignities so as to render her life intolerable and burdensome, WHEREFORE, lhe Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. COUNT II - EQUITABLE DISTRIBUTION 8, Paragraphs I through 7 of the Complaint are incorporated herein by reference as though sel forth in full. 9, Plaintiff and Defendant have acquired property, both real and personal during their marriage from June 19, 1977, until the present time, WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III - ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS, AND EXPENSES 10, Paragraphs I through 9 of this Complaint are incorporated herein by reference as though set forth in full, II. Plaintiff has employed counsel, but is unable to pay the necessary and rea~onable attorney's fees for said counsel. - ~....c 12, Plaintiff is unable to sustain herself during the course: of this litigation, 13. Plaintiff is also entitled to alimony, because of the substantial income and earning capacity of the Defendant. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony, alimony pel/dentl! Iile, interim counsel fees, cosls, and expenses, until final hearing and thereupon award such additional counsel fees, costs, and expenses as deemed appropriate, MAy 19, 1998 I. BROUJOS, SQUIRE EY FOR PLAINTIFF BROUJOS & GILROY, P,C, 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 7]7/243-4574 OR 7171766-1690 FAX #717/243-8227 . . . I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. May 19, 1998 c.L,,~ C-~ CINDY E. HOLTRY, plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 449 CIVIL vs. . . JEFFREY A. HOLTRY, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, February 9, 1998 Present for the plaintiff, cindy E. Holtry, is attorney John H. Broujos, and present for the Defendant, Jeffrey A. Holtry, is attorney Harold S. Irwin, III. A divorce complaint was filed on January 29, 1996. The parties were married on June 19, 1977, and separated according to both counsel on September 1996. It is noted that the date of separation that counsel have agreed upon is subsequent to the date of the filing of the divorce complaint. Mr. Broujos has advised that he may suggest another date of separation to Mr. Irwin and they will let the Master know if date of separation is different than that stated in this pre-hearing conference memorandum. The divorce complaint was filed, as noted, on January 29, 1996, and raised grounds for divorce of irretrievable of the marriagn and indignities. Counsel have advised that the parties will sign affidavits of consent so that the divorce can be concluded under Section 3301(C) of the Domestic Relations Code. The complaint also raised economic claims of equitable distribution, alimony pendente lite, and counsel fees and expenses. Alimony was not raised; however, Mr. Broujos has indicated that he is going to file an amended complaint and raise alimony on behalf of wife. Mr. Irwin has advised that if alimony is raised, marital misconduct will be an issue and that there will be testimony averring wife's alleged extra-marital relationship prior to the parties' separation. If counsel are going to need a hearing on marital misconduct, they should advise the Master so we can set a special time to take the testimony of the witnesses on that factor relating to wife's alimony claim. wife is 39 years of age and resides at 50 Lonesome Road, Newville, Pennsylvania. She was living with an older gentleman at that address for whom she was working as a caretaker. He has since passed away but wife has continued to reside in the residence with the two children of the marriage, ~.' Jennifer, a~e 17, and Kristeena, age 13. Wife is a high school graduate and is employed part-time at the cafeteria at Big spring High School. She also had worked previously as a housekeeper. Mr. Broujos is going to inquire of wife as to whether she has any residual problems as a result of an automobile accident that she had. There is a letter in the pre-trial statement advising that she was released from the doctor's care but that her phlebitis problem was going to be monitored by the physician to Gee how she was getting along. Wife's income for purposes of setting the support calculation through the Domestic Relations Office was $624.00 net per month. Otherwise, wife has not raised any health issues. She is currently covered by husband's medical insurance plan through Masland Industries; however, upon the entry of divorce decree wife will not be entitled to coverage and will have to either go on direct payor will pick up COBRA payments. The Master is requesting that counsel provide information as to the cost of wife's COBRA benefits. Husband is 45 years of age and resides at 165 Fry town Road, Carlisle, pennsylvania, where he lives alone. Husband is a high school graduate and is employed in a labor type position with Masland Industries. His income monthly is $3,010.00. He is paying spousal support and child support monthly in the amount of $900.00 allocated $180.00 to wife and $720.00 for the children. He is also paying $40.00 on account of arrears on the order. He has not raised any health issues. The residence where husband is living is the marital home and counsel may be able to stipulate the value at $80,000.00 which they have discussed here today. The mortgage against the house is around $16,000.00 in favor of York Federal and that would leave an equity of around $64,000.00. Mr. Broujos indicated he is willing to accept that equity figure; Mr. Irwin is going to discuss the matter further with his client. Mr. Broujos has indicated that although the Master stated that he agreed to the equity being at $64,000.00, he would want to have the mortgage amount verified in order to be certain of the equity in the real estate. In particular, Mr. Irwin thought that wife wanted to have the marital residence but he learned today that wife does not want to move into the marital residence; therefore, husband must decide whether he wants to stay in the residence or whether he will agree to put the property on the market for sale. Obviously, if the property is placed on the market for sale, the market will establish the value and both parties will share in the costs of sale and settlement. Husband has been making the mortgage payments in the amount of $255.00 per month. There is some question as to whether or not that payment includes insurance and taxes . although we tend to believe it does since there is an escrow refund which is a marital asset, which Mr. Irwin has reported is in the amount of $126.89. Wife has a 1993 Chevrolet corsica and both parties agree the value to be $10,000.00. Wife is making the payments on that vehicle. The vehicle has a loan against it of around $9,000.00. Husband has a 1993 Chevrolet 4x4 truck and the parties do not agree on that value. Wife has indicated that the vehicle ought to be appraised. Husband claims the vehicle has a value of $15,000.00 with a loan payment balance of $6,000.00. Mr. Irwin is going to ask his client to get a statement from a dealer as to the value of that vehicle. There are two checking accounts, one with Mellon Bank and one with Farmers Trust Bank. Counsel should provide statements on those accounts. The difference in value on the Mellon account is substantial and, therefore, the statements can establish the amount of money in those accounts at time of separation. Likewise, statements should be obtained for the savings account at Mellon Bank to establish the value of that account at separation. Mr. Broujos has indicated that there may be life insurance policies with Prudential but has no specific information about those policies. Mr. Irwin is not aware of the existence of the policies but will inquire of his client about the policies and if they exist will provide information as to any cash value. Husband has a pension which is a 401(k) with Mas land Industries. Counsel have agreed that the pension can be distributed in accordance with a QDRO. Mr. Irwin has advised that he has obtained a valuation for the pension and he will provide that information to Mr. Broujos if he has not already done so. The valuation was $93,356.95 as of December 31, 1995. The Sunshine camper, boat, boat trailer, and utility trailer are noted on the pre-trial statements and will have to be appraised in order to establish values. The parties have an IRS refund check which has not been cashed or deposited in the amount of $3,534.00. Counsel will attempt to get the parties' signatures to at least put that check into an escrow account until final settlement. Wife was injured in an automobile accident and received monies as a result of a person injury claim. The amount shown on the pre-trial statement was $12,000.00 but Mr. ~ Broujos wants to inquire as to whether or not that is a net amount. In any event, the amount wife received will be considered a marital asset. Much of the household tangible personal property remained in the house when wife left although apparently she did take a few items with her. In order to establish the value of that property, the household tangible personal property will have to be appraised. The parties have listed various marital debts. In addition to the mortgage there are three debts that are of a substantial nature which husband has apparently been paying, which include the satellite dish, the Visa card, and the Mastercard. Counsel are requested to provide date of separation balances on all of the marital debt so we can establish whether or not the party who has been making the payments on the debt and party who will assume the debt, will receive the proper credit for payments made on account of the obligations. A hearing is scheduled for Tuesday, May 26, 1998, at 9:00 a.m. Notices will be sent to counsel and the parties. If counsel need to have a hearing on the factor of marital misconduct, they should advise the Master as soon as they know so that we can schedule a separate hearing on that issue. E. Robert Elicker, II Divorce Master cc: John H. Broujos Attorney for Plaintiff Harold S. Irwin, III Attorney for Defendant . ~ CINDY E. HOLTRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 449 CIVIL vs. JEFFREY A. HOLTRY, Defendant : IN DIVORCE RE: pre-Hearing Conference Memorandum DATE: Thursday, August 28, 1998 Present for the plaintiff, cindy E. HOltry, is attorney John H. Broujos, and present for the Defendant, Jeffrey A. Holtry, is attorney Harold S. Irwin, III. The purpose of the conference today was to listen to counsel's arguments regarding the request by husband for a continuance of the hearing which is scheduled for tommorrow, August 28, 1998. After review of Mr. Irwin's letter to the Master and Mr. Broujos' memorandum, the Master has decided to continue the hearing until after the support appeal has been completed. The support appeal apparently is going to deal with an issue regarding cohabitation and wife's entitlement to support. Also, the Master indicated his concern about knowing the amount of the net proceeds from the sale of the house which is currently listed for sale and has been listed for sale for approximately three months. Although we do agree that it is not prudent to continue this case indefinitely until the house is sold, counsel are going to attempt to arrive at an estimated amount of money that would be subject to distribution if we have a hearing before the house is sold showing what the possible net proceeds would be after payment of the debt. We will also need to determine what if any credit either of the parties may be entitled to for payment of debt since the separation. The Master has specifically reaffirmed the agreement of the parties and counsel as stated in the prior memorandum dated May 26, 1998, that there will be no testimony on the factor of marital misconduct. Further, the Master states on the record that there will be no testimony in the Master's proceedings on the issue of cohabitation of wife. That matter will be heard by the court in the support appeal and will Ultimately be heard subsequently by the court on a petition after the entry of a divorce decree. Therefore, no cohabitation testimony will be presented by husband at the next Master's hearing. . . Counsel are directed to provide the Master immediate notification of the conclusion of the support proceedings and the order entered by the court in those proceedings, after which, the Master will schedule this case for the next available date on the calender or schedule the case as soon as a cancellation of another case has cleared the calender for another date. Mr. Irwin is providing Mr. Broujos copies of cash value information for husband's insurance policies. Mr. Broujos is going to obtain similar information for wife's insurance policy. Counsel are directed to provide and share with each other information that their clients will provide regarding marital debt that either of the parties has been paying since separation. After review of the values presented for the tangible personal property, counsel have stipulated and agreed that the values as presented in husband's appraisal will be the accepted values for that property. Counsel will attempt to resolve, between themselves, and present to the Master, the valuations of the tangible personal property, if any is in dispute, and the claimed shares for each party. E. Robert Elicker, II Divorce Master cc: John H. Broujos Attorney for Plaintiff Harold S. Irwin, III Attorney for Defendant . . HAND DELIVERED TO COUNSEL ~ CINDY E. HOLTRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. JEFFREY A. HOLTRY, Defendant NO. 449 19 96 CIVIL IN DIVORCE STATUS SHEET DATE: ACTIVITIES: 5/21/96 etrials due 6 10 96. ,,':"''L'\-~P..\-'''...:lC-'-\''''-CCIvD~ ,-?y"7'"t"'-' , ~'. 30 . -\=?:.. '.C:;i c.- ~ r;j!6; , /7'0 - ~("-II1~ I .~.. " , 4/16/99 Hearing scheduled for 5/4199 at 9:00 a.m. lov jd\ 0 ~ Id-LU-......L (,'_;l~.h^-Ul ~/' L.... " . ",~/-;,:C.,., ~ 7tvtV1U.:t J',.I.uJ """ -U.. .'U:"u-..1 (.., f1/.'.luo r f':.I-',,-,,-"" / ~1LllI,,"'\I,j Tv .l'D.V-"'" r Uli;~ "1'~"v./ oV.J\..U'\..- "..'-- ~. I.'''''-l' -/...... '-..~ -.J -;- ..., '1 ;;'ut".......:./ , (JA,/.-.,-t..t:..,,{..,,-\JIt'ML'-" "!'-I",..I..,.( lrl..\. t..L-\...^"' ' 0 . a.,-" J ,'/c!("t ~ . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreet Carlisle, PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Tracl Jo Colver Office Manager/Reporter West Shore 697-0371 Exl. 6535 May 21, 1996 Harold S. Irwin, III, Esquire 36 South pitt street carlisle, PA 17013 John H. Broujos, Esquire BROUJOS, GILROY & HOUSTON, P.C. 4 North Hanover Street CarliSle, PA 17013 RE: cindy E. Holtry vs. Jeffrey A. Holtry No. 96 - 449 In Divorce Dear Mr. Broujos and Mr. Irwin: By order of Court of President Judge Harold E. Sheely dated May 15, 1996, the full-time Master has been appointed in the above referenced divorce proceedings A divorce complaint was filed on January 29, 1996, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Unless counsel advise otherwise, I am assuming that the parties will sign and file affidavits of consent so that the divorce can be concluded under section 3301(C) of the Domestic Relations Code. If my assumption is not correct, please advise, and I will schedule a hearing on the grounds of indignities. Mr. Irwin has been noted as counsel for the Defendant on the motion for appointment of Master; however, Mr. Irwin has not entered his appearance in the action. I request that Mr. Irwin file a praecipe indicating his representation of the Defendant. Economic claims raised in the complaint include equitable distribution, alimony pendente lite, and counsel fees, costs, and expenses. The claim of alimony has not been raised. Assuming that grounds for divorce are not at issue, I am directing each counsel in accordance with P.R.C.P. 1920.33(b) to file a pre-trial statement on or before Monday, June 10, 1996. ~ Mr. Broujos and Mr. Irwin, Attorneys at Law 21 May 1996 Page 2 Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. TO: John H. Broujos Harold S. Irwin, III , counsel for Plaintiff CINDY E. HOLTRY, plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERIoAND COUNTY, PENNSYLVANIA CIVIL ACTION - IoAW VS. . . : NO. 96 - 449 JEFFREY A. HOLTRY, Defendant . . IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania, on the 3rd day of July, 1996, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 6/13/96 E. Robert Elicker, II Divorce Master . I I I ! -, I I I OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240.6535 I. Robert II/cker, II Divorce Masler West Shore 697-0371 Ex!. 6535 Trael.Jo Colyer June 14, 1996 Office Manager/Reporter John H. Broujos, Esquire Harold S. Irwin, III, Esquire BROUJOS, GILROY & HOUSTON, P.C. 36 South pitt Street 4 North Hanover Street Carlisle, PA 17103 carlisle, PA 17013 RE: Cindy E. Holtry vs. Jeffrey A. Holtry No. 96 - 449 In Divorce Dear Mr. Broujos and Mr. Irwin: I have received correspondence from counsel in the Holtry case by Mr. Broujos regarding grounds for divorce and Mr. Irwin regarding outstanding discovery matters. The grounds for divorce issues can be handled in my office at the appropriate time; however, with respect to discovery issues, they should be completed before we proceed with a pre-hearing conference. Note that on the motion for appointment of Master, Paragraph 1, the averment is made that "discovery is complete. . ." Apparently there are outstanding interrogatories which have recently been filed and appraisals that have not been completed. Therefore, the pre-hearing conference scheduled for July 3, 1996, (not July 29, 1996) is cancelled. When discovery is complete, please notify me and I will immediately schedule a pre-hearing conference with counsel. Very truly yours, E. Robert Elicker, II Divorce Master CINDY E. HOLTRY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. . . CIVIL ACTION - LAW JEFFREY A. HOLTRY, Defendant : NO. 96 - 449 CIVIL . . IN DIVORCE :/ '~ ~ j , . I NOTICE OF PRE-HEARING CONFERENCE TO: John H. Broujos Harold S. Irwin, III , Counsel for Plaintiff , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, PennSYlvania, on the 9th day of February, 1998, at 2:30 p.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 11/18/97 E. Robert Elicker, II Divorce Master . CINDY E. HOLTRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 449 CIVIL VB. JEFFREY A. HOLTRY, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Cindy E. Holtry , Plaintiff John H. Broujos , Counsel for Plaintiff Jeffrey A. Holtry , Defendant Harold S. IIWin, III , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 26th day of May , 1996, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. E. Hoff r, President Judge Date of Order and Notice: 2/10/96 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 . CINDY E. HOLTRY. Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 96 - 449 CIVIL vs. JEFFREY A. HOLTRY, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Cindy E. Holtry John H. Broujos . Plaintiff . Counsel for Plaintiff Jeffrey A. Holtry Harold S. Irwin. III . Defendant . Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle. Pennsylvania on the 2Bth day of August . 199B, at 9:00 a.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. ,~<t. ,:t1 President Judge Date of Order and Notice: C;/?';/QR By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CAIlLISLE. PA 17013 TELEPHONE (717) 249-3166 e . . CINDY E. HOLTRY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 96 - 449 CIVIL . : JEFFREY A. HOLTRY, . . Defendant : IN DIVORCE THE MASTER: Today is Tuesday, May 26, 1998. This was the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the plaintiff, Cindy E. Holt~y, and her counsel John H. Broujos, and the Defendant, Jeffrey A. Holtry, and his counsel Harold S. Irwin, III. After considerable discus3ion this morning with counsel and counsel with their clients, it was determined by the Master that the case is not ripe for hearing because there are some issues which need to be clarified and for that reason the Master is going to schedule this matter for a hearing in August. The Master is going to place on the record in the presence of the parties and counsel a memo relating to certain issues which need to be addressed and matters which need to be completed prior to the hearing. Counsel and the parties have submitted for the record the stipulation in accordance with Local Rule 1920.53-2. That stipulation will be made part of the record. Counsel have indicated that the parties are going to conclude the divorce under section 3301(c) of the Domestic Relations Code; therefore, the parties and counsel are directed to file affidavits under section 3301(C) and waivers of notice of intention to request entry of divorce decree prior to August 28, 1998, which is the date set for the next hearing. The parties were married on June 19, 1977, and counsel have indicated, after review of the various dates discussed setting the date of separation, that we will use March 1997 as the date of separation. This is the date that will be employed in valuing assets, if any, that need to be valued as of the date of separation and also to determine the marital debt which the parties had, which will be shared by the parties as a marital obligation. The parties own a property at 165 Fry town Road, Carlisle, pennsylvania, where husband is currently residing. The parties are going to list the property for sale as soon as possible after today's date. Mr. Broujos has suggested three possible realtors, Mitchell Gelbaugh, cathy Cleland, and Wolfe & Shearer. Mr. Holtry can select one of those realtors or can suggest another realtor or group of realtors to be considered by the Plaintiff. In any event, if counsel and the parties cannot agree on a realtor within two weeks of today's date they will submit the list of the realtors to the Master and the Master will select the realtor. The house will be listed, therefore, within two to three weeks of today's date irrespective of the , method to select the realtor. It is agreed upon that the marital debt will be paid out of the proceeds of the sale of the real estate including the mortgage. Counsel are going to establish the debt that was owed by the parties as of the date of the separation, March 1997. However, specifically, with respect to the debt owed on the vehicles, that debt will go with each of the vehicles in determining the net value of the vehicle in each of the party's possession. Consequently, the debt against husband's vehicle will be deducted from the value and the debt against wife's vehicle will be deducted from the value and those net values will be included in the equitable distribution computation with the debt being assigned to the party to whom the vehicle is assigned. The Master was advised that the parties' older child, Jennifer, will be graduating from high school this spring and, therefore, the support obligation of husband will have to be evaluated considering the legal emancipation of this child. Consequently, the parties are directed to present the matter to the Domestic Relations Office to adjust the support and to have the current incomes of the parties evaluated in adjusting that support. It is presumed that when the support office makes the adjustment according to the appropriate chart, that they will have the current income of both of the parties which will be instructive to the Master in his determination when he has to .)\ consider the factors relating to alimony. It will also be helpful at the point that the Master looks at the alimony claim of wife to know what expense husband is going to be incurring for the support of the remaining minor child. It is known by the parties that upon the entry of the divorce decree wife will lose the benefit of the medical insurance through husband's employment. Medical insurance is most likely available to wife through a COBRA plan but the Master needs to know what the cost of that medical insurance is going to be and would like to have written verification from the employer as to the cost of the COBRA benefit. Wife was injured in an automobile accident and received certain monies arising out of a claim against the other driver. Mr. Irwin has requested verification of the net proceeds that wife had received from that accident and Mr. Broujos has indicated that he will provide specific data to show what that amount was. The Master has been advised that the person for whom wife was working as a housekeeper has passed away in December of 1997 and that she was named as the CO-beneficiary of the estate. The issue for the Master's consideration is what nonmarital asset wife may have as one of the factors to consider in the distribution and alimony arising out of her interest in the estate. Mr. Broujos has provided a copy of an inheritance tax form showing that the net estate will be around $116,000.00. o However, the Master would like to have more specific information from counsel for the estate regarding the distribution of those funds as there was some suggestion that there is going to be an in kind distribution as opposed to a cash distribution. Obviously, though, we need to be certain that the amount for distribution will be around $116,000.00. By August we ought to have a much clearer picture of the benefit to wife from the estate for consideration in the factors relating to the equitable distribution and alimony. Apparently counsel have been able to agree on the distribution and value of the tangible personal property but if there is any issue with respect to the distribution and valuation then that should be raised within two weeks of today's date so that counsel can determine whether or not there needs to be any further consideration of that issue. Mr. Irwin has provided an appraisal of the tangible presonal property in Mr. Holtry's possession with values of that property. Mr. Holtry has also indicated that he will not require any appraisal or value of any property that wife took when she left which wife claims were two children's beds, a slicer, and her clothing. Mr. Holtry said that there were some TVs and stereos taken from the property but has agreed not to include those, apparently because they were used and possessed by the children. Mr. Broujos has stated that they just got the Potteiger appraisal and he would like to have an opportunity to have an independent . . ~ appraisal of the property in husband's possession. Therefore, counsel are directed to have wife's appraisal completed and compare those numbers with husband's appraisal to determine the value of the tangible personal property. Also, if wife wants any of the property on the list that is in husband's possession and he is willing to relinguish that property, she can take the property for the value ascribed and agreed upon on the appraisals. When the appraisal is arranged for wife's appraiser to view the tangible personal property in the house in husband's possession, both parties can be present and husband is to provide wife access to the premises for the purpose of the appraisal. It is understood that no property will change possession at the time of the appraisal and will remain in the house subject t~ further review by the parties and counsel and the Master in the equitable distribution. Mr. Holtry has possession of two federal income tax refund checks totalling approximately $4,500.00. Counsel and the parties have agreed that those checks will be endorsed and cashed and that the monies received will be divided equally between the parties. It is specifically noted, however, that the equal distribution of these funds will in no way constitute any agreement that the assets of the parties will be distributed on an equal basis and that the final decision with regard to the distribution will be left up to the parties and counsel through negotiations or to the Master ultimately if we have a hearing, I.~ . the Master not being bound by this distribution of the refund check to a SO/50 distribution of the marital assets. with respect to the life insurance pOlicies which are in the possession of husband which have a cash value, and those with wife which have a cash value, the parties and counsel are directed to provide the cash value of those policies as of the date of separation, namely, March 1997. The Master will then use an appropriate interest factor to bring those values up to the date of the hearing. The Master will consider the interest that is being paid on those policies to establish the interest factor to be used in valuing the marital portion from the date of the separation to date of the hearing. It is agreed that with respect to the factor of marital misconduct as that factor may have affected wife's alimony claim, that neither party is going to offer any testimony at the hearing in August relating to marital misconduct. A hearing is scheduled for Friday, August 28, 1998, at 9:00 a.m. Notices will be sent to counsel and the parties. cc: John H. Broujos, Attorney for Plaintiff cindy E. Holtry, Plaintiff Harold S. Irwin, III, Attorney for Defendant Jeffrey A. Holtry, Defendant CINDY E. OOLTRY, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 449 CIVIL . . va. JEFFREY A. OOLTRY, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Cindy E. HoltI)' John H. Broujos , Plain tiff , Counsel for Plaintiff Jeffrey A. HoltI)' Harold S. Irwin, III , Defendant . Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle. Pennsylvania on the 4th day of May , 1999, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Ho.ff r, President Judge Date of Order and Notice: 4/16/99 By: Divorce Master IF YOU DO NOT HAVE A LAI~YEIl OR CANNOT Ar'FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOIlTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBEIlI.AND COUNTY BAR ASSOCIATION 2 LIBEIlTY AVENUE CARI.ISl.E. PA 17013 TEI.EPHONE (717) 249-3166 -. HAROLD S, IRWIN, III HEATHER A, BARBOUR PARALEOAL E. Robert Elicker, II Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 November II, 1997 LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY.AT.LAW HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET CARUSLE, PENNSYLVANIA 17013 www,cenpenn.comArwinl e.meil: I1winlaW@epix,net 717.243-1109O PHONE 717.243-9200 FACSIMILE RE: Cindy E. Holtry v. Jeffrey A. Holtry NO.: 96-449, In Divorce Dear Mr. Elicker: We are now in a position to have a conference scheduled as I believe discovery is complete in this matter. If you recall. a master was prematurely appointed for conference on July 3,1996. On June 14, 1996, it was canceled due to discovery being incomplete. Please feel free to contact me if you have any questions or if you require additional information, habliii cc: Jeffrey A. Holtry ~ Harold S. Irwin, III ,. ~...- " LAW OFFICES OF HAROLD S. IRWIN, III A7TDRNEYo/lT-LAW HAROLD S.IRWIN. III JOHN J. BARANSKI. JR. HEATHER A. BARBOUR GAY L.IRWIN PARALEGAlS HITNIIl HDUal, aUITI!a 201 .nd 202 311 lAST HIGH anllT CAltLISLI, .INNSYLVANIA 17013 717.24J.<<lllO PHONE 717.243-8200 FACSIMILE www,canpann,comAtwin/ a.mail: itwinlaW@apix,nat April 14, 1999 E ROBERT ELICKER II 9 NORTH HANOVER ST CARLISLE PA 17013 RE: HOLTRY MATTER NO.: 449 CIVIL 1996 Dear ~r: The Holtrys real estate has now been sold. Settlement was on March 31, 1999. The proceeds are being held in escrow since the parties do not agree on equitable distribution. Based on our inability to resolve these matters in the past, I would request that a hearing date be set so that we can take testimony and review other evidence relating to the economic claims of both parties. Please call me with any questions or if you require additional information. Harold S. Irwin, III Ullhab cc: Jeff Holtry IAW_ HAROLD S. IRWlN.111 A~...rolAW ,.1QfITH"" Iran' CI!'IIIfIw._'PlI,a 7Ir._ IIIa'I_ ~ (,-//-9~ lC.. IIAROLD S, IRWIN. III, ESQUIRE ATTORNEY ID NO. Z9920 J6 SOUTII PITT STREET CARLISLE PA t701J (717) Z.fJ.6090 ATTORNEY FOR DEFENDANT CINDY E. 1I0L TRY, PlaintilT : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. JEFFREY A.1I0LTRY, Defendant : NO. 96 - 449 CIVIL TERM : IN DIVORCE NOW comes the defendant, by his attorney, Harold S. Irwin, III, Esquire, and presents this pre-trial statement, representing as follows: I. ASSETS: Defendant believes and therefor avers that the assets of the parties are as attached on Exhibit "A". the contents of which are incorporated herein by reference. The defendant notes that appraisals of the marital residence and defendant's pension plan have been ordered but not received. In light of that. further Master's proceedings are not warranted nor should they have been requested until receipt of appraisals for these assets, which assets represent the major economic resources of the parties. 2. EXPERT WITNESS: The defendant anticipates that the parties will be able to stipulate as to the value of the marital residence, pension and motor vehicles after receipt of the appraisals. However, in the event that is not possible. the defendant will call the appraisers selected to perform the appraisals. 3. OTHER WITNESSES: The defendant may wish to call witnesses on the issue of the divorce of the parties. the earning capacity of the plaintiff and all other issues related to this action. However, since this divorce is a relatively young action and plaintiff's request for a Master is premature in various respects, defendant is not prepared to provide a list of witnesses at this time. Defendant therefor reserves the right to provide a list of prospective witnesses, other than himself, at such time as the matter is ready to proceed. 4. EXIIIDITS: The appraisals of the marital residence and pension will be offered by the defendant Delendant may wish to utilize other exhibits; however, since this divorce is a relatively young action and plaintiff's request lor a Master is premature in various respects, defendant is not prepared to provide a list of exhibits at this time. Defendant therefor reserves the right to provide a list of prospective exhibits. other than the appraisals, at such time as the matter is ready to proceed. 5. GROSS INCOME: Defendant is employed by Masland Industries. Plaintiff was last fonnally employed at the Valley Motel, but tenninated her employment voluntarily on November I, 1995. Plaintiff is self-employed in more than one capacity, but defendant does not know the amount of her current income. Defendant will assert that plaintiff has significant earning capacity above what she currently receives in actual income. Defendant will supply a copy of the 1995 income tax return, if relevant 6. EXPENSES: Defendant will provide the Master and the plaintiff with an itemized expense statement prior to the hearing in this matter. At this time. defendant intends to assert that plaintiff has no grounds for divorce and that, because of that. her eaming capacity and the fact that she will most likely be receiving some fonn oflump sum equitable distribution of marital assets. her claims for alimony pendente lite, interim counsel fees. costs. expenses and attorney fees are unwarranted. Defendant will also request that all expenses for appraisals be equally divided between the parties. . . 7. PENSION: Defendant has pension or retirement benefits through his c'Tlployment. As stated above. an evaluation of these benefits has been ordered but not received. Copies of the evaluation will be provided to plaintiff and the Master upon receipt. 8. COUNSEL FEES: Plaintiff has requested. among other things, an award of counsel lees. At this time, defendant intends to assert that plaintiff has no grounds for divorce and that. because of that. her earning capacity and the fact that she will most likely be receiving some form of lump sum equitable distribution of marital assets, her claims for interim counsel fees and attorney fees are unwarranted. 9. DISPUTED PERSONAL PROPERTY: Defendant is unaware of any dispute as to any items of personal property. 10. MARITAL DEBTS: The parties' marital debts are as attached on Exhibit "B". the contents of which are incorporated herein by reference. II. PROPOSED RESOLUTION: Defendant proposes that all assets be divided on an equal basis. with defendant buying out plaintiffs interest in the marital home after refinancing the mortgage thereon and the parties entering into a QDRO as to defendant's pension benefits. The expenses of all appraisals should be shared equally. as all other debts of the parties and each party should be responsible for all other of their own expenses, costs and attorney fees. No .Urno", o. "mo., ""00" U.. "',mid ~;;-Y ~ June 10. 1996 {/\ / HAROLD S. IR , III Attorney for defend t 36 South Pitt Street Carlisle, PA /7013 (717) 243-6090 Supreme Court ID NO. 29920 NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DESCRIPTION 165 F own Road. Carlisle 1993 Chevrolet Truck 1993 Chevrolet Corsica 1980 Sunliale Cam er 1984 Grumman Boat/MtrlTrailer Utilit Trailer Mellon Bank Checkin Account Mellon Bank Savin s Account Farmers Trust Checkin Account RCA Satellite S stem Tools and E ui ment Com uter TV'slVCR Washer/D er Freezer Refri erators Stove Other Furniture & Sm A Iiances GunslHuntin E ui ment Retirement Fund Personal In'u Action VALUE 80.000.00 15,000,00 10,000,00 1,500.00 1,200.00 300.00 25.00 4.500.00 25.00 1.500.00 2.500.00 2,500.00 750.00 700.00 300.00 500.00 300.00 2,000.00 1,500.00 A raisal Ordered 12.000.00 OWNERS Joint Joint Joint Husband Husband Husband Husband Husband Wife Joint Joint Joint Joint Joint Joint Joint Joint Joint Joint Husband Wife EXHIBIT "A" NO. DESCRIPTION DATE CREDITOR PURPOSE DEBTOR BALANCE PAYMENT I Marital Home 1978 York Federal Mort 8 e Joint 16000.00 255.00 2 Truck 1993 GMAC Vehicle Loan Joint 8 000.00 400.00 3 Car 1994 GMAC Vehicle Loan Joint 9,000.00 265.00 .j Satellite S stem 1995 Home Cable Satellite Dish Joint 1.500.00 5 Credit Card 1995 Mont. Wards Camcorder Wife 600.00 20.00 6 Credit Card ?? Fashion Bu Clothin Wife 55.00 7? 7 Credit card 1995 Penne . s Misc. Joint 650.00 50.00 8 Credit card 1995 Visa Misc, Joint 2400.00 75.00 9 Credit Card 1005 Master Card Misc. Wife 3.900.00 100.00 EXHIBIT "B" . CINDY B. HOLTItY, PI.lntl" : IN THB COUItT 01' COMMON PLBAI 01' : CUM.I!ItLAND COUNTY, PINNIYLVANIA : CIVIL ACTION. LAW Y. JI!FFItI!Y A. HOLTItY, D.f.nd.nt : NO. " . 441 CIVIL TI!ItM : IN DIVOItCI! ~TIPULATION OF PARTIES AND COUNSEL A. Plaintiff: Name, address, age, occupation: Cindy E. Holtry (39) 50 Lonesoma Road SI!Iflisltl.,PA 17013 NelLH",Ie- Self-employed Defendant: Name, address, age, occupation: Jeffrey A. Holtry (45) 165 Fry town Road Carlisle, PA 17013 Masland's (Lear Corporation) B. When the method of service of the complaint has been by registered (certified) mail: The slanature on the return recelot card Is the sianature of the Defendant. C. Date and place of marriage: June 19, 1977 Carlisle, PA D. Plaintiff: Residences In the Commonwealth of Pennsylvania and length of time at each residence. 50 Lonesome Road, Carlisle, PA 165 Fry town Road, Carlisle, PA Since March, 1997 1978 - March, 1997 Defendant: Residences In the Commonwealth of Pennsylvania and length of time at each residence. 165 Fry town Road. Carlisle, PA 1978 - date .. . E. Child or children: Names, ages, residence of each child and with whom the child Is residing. Jennifer R. Holtry (17 - 07111/80) Kristeena M. Holtry (13 - 09/08/84) with Plaintiff with Plaintiff F. Grounds for divorce: Section 3301 ( C ) of the divorce code. We, parties and counsel in the above divorce proceedings have read the statements set forth above and agree that the information provided herein is true and correct and we stipulate that said facts can be made a part of the record as if specifically testified to under oath at a hearing in these proceedings. Plaintiff: Date: r ( ~rl ~~ >i:\~-t G CINDY E L TRY Defendant: May 26, 1998 JOHN H. BROUJOS Date: .c2d- d://h May26,1998 J~F1R€y JC HOL -rr4:V""":C n:/ ((J CINDY E.1I0LTRY Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,I'ENNSYLV ANIA VS. DOCKET NO. 449 CIVIl. 1996 JEFFREY A. 1I0L TRY Dcfcndant IN I>IVORCE PLAINTIFF'S MEMORANDUM OF LAW TO MASTER AT May 4,1999 IIEARING Plaintill'rcqucsts thc Illllowing dccision from thc Mastcr: EQUITABLE DISTRIBUTION. Plaintill'rcqucsts 65'Yi. ofthc asscts sct fluth hcrein, consisting of the salc ofthc homc ($.68.859), cash surrcndcr valuc of Iifc insurancc, and othcr asscts. PERSONAL PROPERTY. Thc partics havc distributcd bctwccn themsclvcs thc pcrsonal property, assigning a value ofthc distributcd propcrty as lollows: Husband $20,137.00, Wifc $9,335.00. Ma~tcr is rcqucsted to considcr this imbalancc in distribution in his award of thc remaining assets. Attached hcrcto is thc list of propcrty appraiscd by Frank Pottigcr on May 7. 1998, whcrcin the Mastcr can scc that thc largc majority of the asscts passcd to thc Husband. Thc Ma~ter will notc that the list attachcd hcrcto contains thc appraised values ofthc camper for $ I ,500 (to Husband) and thc 1993 Chcvy Truck at appraiscd valuc of $ 15,000 (to Husband); and thc appraised valuc ofthc 1993 Chcvy Corsica for $7,000 (to Wifc). ALIMONY. Plaintiffrcqucsts alimony to continuc at thc prcscnt Support Ordcr amount of$320.00 pcr month. HEALTH INSURANCE. Plaintill'rcqucsts that Husband providc undcr an Ordcr continuing mcdical and dcntal hcalth insurancc liS follows: Undcr prcscnt cmploymcnt at PHICO. wile is covcrcd by Husbllnd's Bluc Cross/Bluc Shicld insuruncc, Shc rcccivcs dcntlll utno churgc. She requests thut l'Iusbllnd be ordered to continue her Blue Cross/Blue Shield eoveruge by paying the cost thereofofSl3.00 bi-monthly. She requests that Husband be ordered to continue health insurance for the child Kristeena. 14 years of age (the child Jennifer is not III years of age). PENSION. Wife rcquests that her interest in the pension program be set at 65%. The last statemcnt is dated 1996 und has not becn updatcd. IRS REFUND. The parties divided the refund of53.544.0(J SO/50. which should be added to the assets. MARITAL DEBT. Husband seldom used credit cards. However, Wife was forced to use credit cards to obtain neccssaries lor hcr and the ehildrcn during the marriage. They ineludcd Visu. Mastercard, JC Penney and Montgomery Wards. The bulk of the expenditures were for clothing, car payments, car repairs. and other esscntial household expenses. Only once did she use one of the cards to charge a meal. which Husband objected to strenuously. At the time ofscpuration, Wife wcnt back to the house to retrieve her personal reeords and ull of the credit eard company statements and infonnation concerning the amounts had been removed from her personal belongings, so that she has no present record. Wife has had no assets with which to pay on credit cards since June of 1997. Current balances are: I: 52,108.00 Mastercard. (Wife understands Husband paid that card otT, since she has received no communications.) II: JC Penney: 5383.00 (Paid by Wife.) 111: Montgomery Wards: 5600.00 (Paid by Wife.) IV: GMAC Auto Loan: 51.500 balance (Paid by Wife in December.) V: Cannel Finuncial. tor satellite dish: 5820.00 (Unpaid. April I. 1999 balance). Wife requests thut Husband pay the outstunding credit card debts, since the best bulk of the , .. ~ . expenses were for her and the children, prior to date of separation, which was September I, 1996. Tbe sole exception would be that the satellite dish wus purt of the personul property distributed to Wife. However, the dish should have been paid for during the timc of eovcrturc. Wife is willing to puy one-half of the rcmaining 5820.00 bulllncc. (Again,ull documcntution hlls bccn retuincd by thc Husband, for conlimlation. This hlls bccn lInongoing problcm inthc Iinllnciul strueturc ofthc family.) LIFE INSURANCE. Wife requcsts that thc life insurancc cash surrcnder valuc of both parties be included in thc 65%/35% distribution: Wife 10.000 Poliey CSV 52,933 Husband 516,000 Policy CSV 55,498 PETITIONER REQUESTS THE COURT TO CONSIDER ALL OF THE CRITERIA SET FORTH IN THE DIVORCE CODE UNDER CHAPTER 35 SECTION 3502 WITH RESPECT TO THE BASES FOR DISTRIBUTION. Muy 4, 1999 John H. Broujos, Esquirc tto ey 1.0. No. 06268 4 orth Hanovcr Street Carlisle, PA 17013 (717) 243-4574 (717) 766.1690 FAX: (717) 243-8227 I Jell Cindy Dishwasher I Microwave 1_ $25.00 ;> .) <; r,o Dlnelle set $110.00 Blue recliner $40.00 Coach & loveseat ;00 .I.,.Y' Round stand $10.00 Rocker $30.00 Deer head $50.00 Deer homs $20.00 Knick nacks & Dldures $150.00 TV Bell & Howell $105.00 VCR $25.00 TV Starn! . $15.00 =- ComDUter & Printer $400.00 ComllUler desk $40.00 RCA camcorder $150.00 TV Shal'll $45.00 300 bedroom set $150.00 Wardrobe $45.00 <jJ Air conditioner $30.00 Fast Treck $15.00 Percusslon Muzzle loader $200.00 Flint lock MuzZle loader $200.00 Over & Under 222/12 $200.00 Huntlna clothes & misc. eaulo. $500.00 Fishing rods & eaulpment $75.00 Bow & case $65.00 Old bow ~. -7' -- Reloading equipment --' $25.00 bikes $10.00 Lawn cart $40.00 Wheelbarrow $12.00 lawnchalrs $10.00 Ladder (alum,) $40.00 Utility trailer $150.00 Snow blower $550.00 .... Boat. trailer & motor $675.00 Rldlna mower $150.00 Drill press $125.00 Weed eater & aarden tools $40.00 Plywood & misc. wood $45.00 GE refriaerator (aaraae) $25.00 Bandsaw $175.00 old baml:iaw $50.00 .___ Welder $225.00 ' Lathe $40.00 Comprassor $100.00 Misc. hand tools. drill. sander $110.00 Washer & dIVer $200.00 Fraezer $30.00 RCA Satellite SYStem $750.00 .- )' $1.920.00 $3.717 .00 $910.00 ~ \~OO ~Q,(~ 41J../35 (J,....-- I, 0 0 0 J.oO w- 'N- \-l.-~ lS.<' 00 C13 JB ~o3';"S- '\ , "tel {~::,'.oo ~a ~tIh Io~ _n ~.. ,..o.N,I/JIJ C o.-r ty"IIl.{ :? - '),'~';i sdJ- '1~ b aJ,()A1CC Ii'l zO 11/t 11? 003300 -If!"' ~1'i,I,)"Vll" f} SOc1() 1> I/O pC) \) ~~ .~, ., I I. INSURANCE POLICIES INSURED - JEFFREY A. HOLTRY ~ Amount ~. Beneficiarvlies) Prudential1D42 422 800 S5,OOO S2,775.61 Wife Prudential/D80 338 730 SIO,ooO S2,722.7R Wife Prudential/l S- 113 952 SI,OOO unknown Spouse Prudential/D80 264 009 S5,000 S663.82 Class I -- Cindy E. Holtry Class II -- Jeffrey A. Holtry INSURED -- CINDY E. (MARTIN) HOLTRY PrudentiallD42 820 685 S9,OOO S2,933.07 Jeffrey A. Holtry INSURED -- JENNIFER R. HOLTRY INSURED - KRISTEENA M. HOLTRY Prudential/580 675 829 S5,OOO .. Class I .. Cindy E. Holtry Class II -. Jeffrey A. Holtry 1 I · Values are a.~ of June I, 1996. .. According to Prudential, policy ha.~ lapsed; currently taking action 10 correct. k~-.... '1\ PENSION APPRAISERS INC. P.O. Box 4396' Allentown, PA 18105-4396 1.800.447.0084 . Fax 610.770-9342 June 10, 1996 Harold S, Irwin, III, Esq. 36 South Pitt Street Carlisle, Pennsylvania 17013 RE: Present Value of Jeffrey A. Holtry's, Defined Contribution Benefit File No. 06.96.38-11690B Dear Attomey Irwin, III: The Masland Associates Security Plan, of which Jeffrey A. Holtry Is a participant, Is a Defined Contribution Plan. Under this type of plan, the employer anellor employee contributes a specific amount per year to the plan. However, the plan does not specify the amount of the benefit the employee will receive upon retirement. Individual record keeping accounts are maintained for each employees contributions and investment gains or losses, The present value of a defined contribution plan would be the account balance as of any point in time reduced, if applicable, for a rnarital coverture fraction and for non-vesting. As of December 31, 1995 the value of Jeffrey A. Holtry's account balance in the Masland Associates Security Plan amounted to $128,874.86. Adjusting this amount for the marital coverture fraction and for non-vesting yields a Present Value for Equitable Distribution of $93,356.95. This determination was derived from the following Information and facts: PENSION PLAN: Masland Associates Security Plan MARRIAGE DATE: June 19, 1977 ASSUMED DATE MARRIAGE ENDED: June 7,1996 DATE EMPLOYMENT STARTED: June 1, 1970 (Assumed date pension holder began participation In the plan) r . . '~t June 10, 1996 Jeffrey A. Holtry . File # 06.96.38.1169DB Page 2 .--' \' ASSUMED ACCOUNT BALANCE: $128,874.86 ACCOUNT BALANCE DATE: December 31, 1995 "" REDUCTION FOR NON.VESTING: 1,0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 0.7244 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated In the plan during the marriage and the denominator Is the total period the pension holder participated in the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $ 128,874.86 Reduction for Non-Vesting: Reduction for Marital Coverture: x 1.0000 x 0.7244 VALUATION FOR EaUITABLE DISTRIBUTION: $ 93,356.95 ??oo160552 I " PH/CO GROUP P.O. BOX 85 MECHANICSBURG. PA. 17055 SoclaJ Secullly Number: 159-38.7460 T axallle MariCa! Slalua: Sin91e E.omplionl/AIIowancaa: Fadoral: 2 Slalo: N/A Local: 2 E.mlnll. Regular Overtime Adjustmenl Straighl orr raIl hou.. Ihle period 745.84 745.84 Gro....'P.y-'y,'__~.,;.:-- .,.; . 1745.84. O.ducUon. Sl.lulory Federal Income Tax Social Security Tax Medicare Tax PA Slate Income Tax Silver Sprin Income Tax Other Checking United Fund 401 K Prelax Opt N.l P.y $0.00 .51.99 .46.24 .10.81 -20.88 .7.46 .545.79 .3.00 -59.67' y""' 10 dOli 5.966.72 247.85 .137.70 96.39 6.173.26 444.44 382.74 89.51 172.84 61.74 24.00 493.88 10.00 . Excluded Irom loderal taxobla wage. Your lederal taxable wages this period are $686.17 o earnings '='lalemem Period Ending: Pay Date: 04/30/1999 04/30/1999 CINDY E HOLTRY 50 LONESOME RD NEWVILLE, PA 17241 Other Boneflt. .nd Inform.tlon OfT Hr. Vld Sir orr Hrs Vld Ihle period F':, t:BifJ . lolal 10 dllo 18.00 10.50 4~ ,. HAROLD .. IIIWIN, III, IIQUIIII ATTOIINIY ID NO. 21120 311A1T HIOH ITRln CARLIILII 'A 17013 (717) 243-41010 ATTOIINIY .011 DI.INDANT CINDY I. HOLTRY, Plaintiff IIN THI COURT OF COMMON PLUS OF I CUMBIRLAND COUNTY, PINN8YLVANIA I CIVIL ACTION. LAW v. JIFFRIY A. HOLTRY, Defendant I NO. 98.449 CIVIL TERM : IN DIVORCI DEFENDANT1S SECOND AMENDED PRE-TRIAL STATEMENT NOW comes the defendant, by his attorney, Harold S. Irwin, III, Esquire, and presents this second amended pre-tnal statement, representing as follows: 1. ASSETS: Defendant believes and therefor avers that the assets of the parties are as attached on Exhibit "An, the contents of which are Incorporated herein by reference. 2. EXPERT WITNESS: Defendant anticipates that the parties will be able to stipulate as to the value of assets and amount of debts as represented In various appraisals and bank statements attached hereto. 3. OTHER WITNESSES: The defendant does not anticipate other witnesses at this time. 4. EXHIBITS: The appraisals, bank statements and other documentation attached hereto will be offered as evidence by the defendant (HUD-1 Settlement Sheet .. < 1"" ."~ ... from sale of house; Personal Property Appraisal by Frank Potteiger; Truck Appraisal by Rufe Chevrolet; Camper Appraisal by Martin Camper Sales: Mellon Bank Checking Account Statement: Mellon Bank Savings Account Statement, Rellrement Fund Appraisal; Life Insurance Cash Value Statements). Defendant will provide copies of the parties 1996 and 1997 Income tax relums at the lime of the hearing, If requested. Defendant notes that plalnllff has not provided any appraisals for the personal property in her possession, nor any bank statements for her bank accounts and debts. 5. GROSS INCOME: Defendant Is employed by Lear and his Income will be documented at the hearing. Defendant has Insufficient Information regarding the nature and amount of plaintiffs current Income. 6. EXPENSES: Defendant will provide the Master and the plaintiff with testimony regarding his monthly expenses at the alimony portion of the hearing in this matter. If required. At this time, defendant Intends to assert that because of plaintiffs increased level of eamlngs, her expected receipt of a substantial lump sum equitable distribution of marital assets, her receipt of settlement proceeds from a personal injury ,I1.c1.~.\.(-r,v action and her recent, substantial inheritance from the estate of CleRR Hockenberry (one-half of an estimated gross estate value of $210,000.00 - see will and petition for probate attached hereto as Exhibit "J"), her claims for alimony pendente Iile, interim counsel fees, costs. expenses and attomey fees are unwarranted. Defendant will also request that all expenses for appraisals be equally divided between the parties. Those expenses have Included $50.00 for personal property appraisals, $235.00 for the real estate appraisal and $95.00 for the pension appraisal, for a total of $380.00. 7. PENSION: Defendant has pension or rellrement benefits through his employment. A copy of the evaluallon is attached (Exhibit "H"). Note that only 19 years of the defendant's pension were accrued during the marriage of the parties. The parties have agreed as to equitable dlstribullon of this amount by means of a CDRO. < ~ ." 8. COUNSEL FEES: Plaintiff has requested, among other things, an award of counsel fees. At this time, defendant Intends to assert that because of plaintiffs Increased income, the fact that she will be receiving a substantial lump sum equitable distribution of marital assets, her receipt of settlement proceeds from a ~~...v personal Injury action and her recent, substantial Inheritance from the estate of Hockenberry, (one-half of an estimated gross estate value of $210,000.00), plaintiffs claims for alimony pendente lite, Interim counsel fees, costs, expenses and attorney fees are unwarranted. 9. DISPUTED PERSONAL PROPERTY: Defendant Is unaware of any dispute as to any Items of personal property except that to date defendant has not provided any appraisals or statements for personal property she retains or debts for which she Is responsible. 10. MARITAL DEBTS: The parties' marital debts are as attached on Exhibit "K", the contents of which are Incorporated herein by reference. Attached are statements verifying debt of which defendant has knowledge (Exhibit "L" - LSI Financial Group - Satellite Dish [NOTE - this marital debt has been paid in full by defendant since separation). To date, plaintiff has not provided any statements as to debt for which she Is responsible. 11. PROPOSED RESOLUTION: A. Assets. Defendant proposes that all assets be divided on an equal basis. The marital home has been sold and the proceeds are currently held in an escrow account by plaintiffs attorney. Defendant proposes that this account be used to pay all existing marital debt, except debt on vehicle loans, and the balance distributed to the parties equally. Defendant proposes that all household and personal Items be divided between the parties on an equal basis , !,_ i i." r ~ " (per the attached appraisal by Frank Potteiger) and that any Items not retained by the parties be sold and the proceeds divided equally. (Note that plaintiff has not provided any appraisal for the personal property In her possession.) Defendant proposes that the parties enter Into a aDRO based on a 50/50 division of the pension benefits which have accrued during the 19 year marital period. Defendant proposes that each party retain the life Insurance policies Insuring them, each Irrevocably naming their children as the beneficiaries of the policies. Statements of the cash value of each policy are attached hereto at Exhibit "I". B. Debts - The satellite system account has been paid off by the defendant since separation. Each party should retain responsibility for their own respective vehicle loans. All other marital debt should be paid out of the proceeds from the sale of the home. The expenses of all appraisals should be shared equally and each party should be responsible for all other of their own expenses, costs and attorney fees. May 4, 1999 tX1~ HAROLD S. IRWI iii Attorney for defenda .,""..' _ 10 ,,!--", , ";i\'; i.~' ,~ . .., " EXHIBIT "A" , , ~ INVENTORY OF MARITAL PROPERTY NO. DESCRIPTION OWNERS VALUE 1 Marital Home - Net Proceeds Joint (Held in escrow 70,459.00 of Sale on March 31, 1999 by Plaintiffs attorney) (Exhibit B) 2 1993 Chevrolet Truck - Net Joint (in possession 10,437.50 Value after debt (Exhibit C) of Defendant) 3 1993 Chevrolet Corsica - Net Joint (in possession 1,000.00 Value after debt of Plaintiff) 4 1980 Sunline Camper (Exhibit Husband 1,000.00 D) 5 1984 BoaUMtrfTrailer (Exhibit Husband 875.00 E) 6 Utility Trailer (Exhibit E) Husband 150.00 7 Mellon - Checking (Exhibit F) Husband 1,550.50 8 Mellon. Savings (Exhibit G) Husband 3,048.49 9 Financial Tru~t . Checking Wife 25.00 10 RCA Satellite System Joint 750.00 11 Tools and Equip (Exhibit E) Joint (in possession 1,657.00 of defendant) 12 Computer (Exhibit D) Joint (in possession 400.00 of defendant) 13 TV'sNCR (Exhibit E) Joint (in possession 175.00 of defendant) 14 Washer/Dryer (Exhibit E) Joint (in possession 200.00 of defendant) 15 Freezer (Exhibit E) Joint (in possession 30.00 of defendant) 16 Refrigerator (Garage) (Exhibit Joint (in possession 25.00 E) of defendant) 17 Other Furniture & Sm. Appl. Joint (in possession 555.00 (Exhibit E) of defendant) 18 Guns/Hunting Equipment Joint (in possession 1,915.00 (Exhibit E) of defendant) ~. NO. DESCRIPTION OWNERS VALUE 19 RCA Camcorder (Exhibit E) Joint (In possession 150.00 of defendant) 20. Miscellaneous (Exhibit E) Joint (In possession 220.00 of defendant) 21 Retirement Fund (Exhibit H) Husband 93,356.00 22 1996 Income Tax Refund Joint (in possession 3,534.00 of defendant) 23 1997 Income Tax Refund Joint (In possession 935.00 of defendant) 24 Personal Injury Action Wife 12,000.00 25 Prudential Life Insurance - Husband 1,655.40 Policy No. 042422800 -7/7/98 I (Exhibit I) 26 Prudential Life Insurance - Husband 2,174.30 Policy No. 080338230 - 7/10/98 (Exhibit I) 27 Prudential Life Insurance - Wife 2,933.07 Policy No. 042620685 - 6/19/96 (Exhibit Il 28 Pers. Prop. In poss. Of Wife Joint ?? TOTAL $211,210.26++ c EXHIBIT "B" ....Jl. ' , ul~~\ '. , ~ f, , A. SETTLEMENT STATEMENT - .. U.'. ..,oIIll1llllT 01' MOUn_ Me _ ...-11.afIIIIfT _ Ill. ISCQoOH5 I. "PI 01 LOA" ,'. I(I,I'~ 25' II ,_ -.]. II COnv. Utl'."J" liLe _I j7. ~ 1IUIlt1' . --,r.-iiOiiwii''iiii''CiinoUililR '_ _' . ~ I COnv. In.. "..142 -L 209S49S ,.1-..-.. c. ItOTC;Thh fo,. h iwt'nhhe4 \0 ,hI. ,au . n.u....c of IctYll ..ttl....,C co~A....ii petd i. .nc. by ,hi fI ---.... er; ~~I~ -h rkN -tPOC)" v.r. p1114 ouuid. the cLoltnt: tNy Ir. ...... here 1., infop'."OM!. :u~~-:n~:~ . no nc n , . ,...h. 5.0 10-96 17/99-1U) ., .'NE ... WIU' OIIOllIlOWEl' .. _l ...ii 'DOlUS 0; U~LE' - . I', N". ";0 lO"UI-Ol' LWNDU 1I11roy L. \jII1..,ro oncl Jeffrey A. I4OU,y ond 1 C_ "ane'" L. ftoa.' ,oou+... · t fIorteeg. coe-poret.ton , C ._, E. HoI.ry 6000 A1U~N WAY .T. LAUI.~. NJ 0I0S4 N. UTTUNE.T 'OE.T -.' =11:srni.liiiNi"OAU-' I CfNTUL ,till< SITTLENENT SUVICU. INC. r'loACE o;-!ffiLfti'i'iiT' --...- - _. "firth J" ,~ I 4109 l.;ftGll.ItOWn load ~r~tlbut'g, PA 17112 G. IIOPER" LOC'TION t~S .~y.~n toed C.rlt,l.. rA '7013 t~~rlend town", p~ --' J. ,..-AU" 1IOI1IOW.I'S TlAlfSACTICN K. IUMAlY 0' SELUI'S T......CTlClIl ,aM Rnlatr.ll:'-. 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AI, ,.i'dbY;;or ;;;rravt-;:- -mn;-220II( '"""'91.~1.oo1 6iil.-iiili~iona..;os.ll'" -IUM 5ZO) l-zo.no.oz1 ]0]. CASH 111'- t 1 TO IOUOUEl S.35T.32 603. CUH 00 10 11'- IIL~U =L-.70,.".00 T". uod.r.'gntd heroby ocknovlodg' r...lp' of . .ooploted copy .t pog.. ,&2 .. .hl. ...,...., , ..y .".choen" ,.1.rred t. n.r.'". 20.7'0.02 BOlIlOWE_ ----.- - --- J.ff~.y L. Whit.ire SELLP.---- - - --- Jeftr.y A. Holtry -.---' 110""01111------ --- ","cy L. no..,. SELll' --- e1..... E. ...\try NUO-' (3-1l61 IU,A. Ie I,JOS.Z "!OI<1 9':'9';t.!.9.:.t.:.r'T.3.1 .."It .g"3':1I,'I::f3S.,...f3d...,......ll,.I!'~ll]r ,,:,,!It:l YU 66St.oe-~' ~'TA_'_I ~. 91lDJ~. A""""". ~uaGP PAID ._ 101...'. ._. AT , 'lmII!1'IT --mD,_ .,LLll.t ._. .1 _JlTT S~, IlIIr I' ,I. loan O~ia~ft.lt8ft u..n a'IClIilJ'It loar.t ..l ,.. Cl"Htt.aMXI,t ,nlON Vl"'..t..IML- ... ........ 11: ,-;: ''''''..1.--:: . .e t~t MDr'-.-~ C~Bn~a'46ft ~~::.''::::=. ~=f::'" -------sa ~.l. RftP,---- ".vie.. ,__. U-.-. 10__._ filii -11..~~ MarU". ~a,......tIOl'l.__ ~.J1UUI'" Mftp,ldotlI. S...vlt... ~l.11LZStI Pat '~7. JOt . .-1189 ',. ,. .. . m.ll. --.:L .. -'-.' I\o,taaa. tn. anD ,.. AII_.!tnn ,.. '.load rut. . J,a ~.rtw "tD f.. ~~d&ft .,2-!.!..!- t: ,.., .; r. 4 . IS1'. 'ro,...,,'4 fat to ~O"""..NrtQ.Q. "rVln, 9CO. lTEol l.aulllO DY LIND" I. .1 ..10 I" ID...tl =lI1:!!.O. 17 ~LdlX.L.1 .-;;;;a 11..- ._~. --, -i=-' -- taaue tn.l...rM\ta "..t'&..!it.. ..l1...!9G1h1...1.0 C~Mt Mo"LI~. 'c~t.1slo.- _. . - 2~} - " \l!.AI1S.L,r_luII fo,. 10 'If"'" '" . . . == .-. . --- .......'-- _.__.__--1L--- YV,J. - .- - _. .-., CQlL.....!jUf.b.U 11II'..-0'11'" UIUI....I.lKPlI.-. '-- ., d 1",1.1"""'. . oJ OOO..nhl a I 70 2.S DM' -,,, ~ ~ . T""" TU~ J;.: ::::- :: 1~ ~ ... _t: _!WJ W."..I T.... .ft __ .. ~. " .. .... -.. - 'li..Zl. _~ _____ ~ ..... ____ 1M" ...., _.m.J,J .. -...M"''I 8!lht.-L~ . De' ~th _ ....th. 11..1.-- D8P ..,.,h ..,t", .-LL- ... MIf'Ith 22. SO J!O,OO - --' 7 ,008. . -'&7 .65 r.gat. Adjult-.nt 1 -=:s~u;r p.IQD...$at:tl.-.ftt bSL tllC. '02 ".ar........U ,.. 'ft r"''Ip.l "..,. ~"l.-.. '-P\,t4~ "U! , l'r ~. ft_ ~. "'"tH- 104 TrIM..dhw'! 16- fft 1:1" .ala S.rvh:.... G'~.....Lns... '1 c.....r'lt 'r~,..ttz.... fa Ha,tiU-1of'" tI, . naJau... _ _ _ ~O-Oo'm UIlII.II1UIBl!t..lJLll1u1...1Ila.- - - ~'!01 -'tto"~..fW ~ ----.- -.-.--- r1ncl....ldu above 't.. _-a....,... _.____ __---1-- 11QA......!ltl. Inlurance ~QS.:!.l...!.!en-1tJ'Il.-Mt ~..v;cu....las.-_ _ .-=' -9"u..:z5 '- - ,. 11a -......,.. FIIld 100.100. 1-____-L- - .- - -- - - '1 ~,ro".na..~-!9..w~----------- .- -- -.- " . cov.rMl. -.1.----2,..ggg.sm....--.---..----- .- - - -"--' ~~~~---~~~~~~------ ---- ~-.-._--_----_-.------.-- - _1._. ,11]. I ..u2, =-'--1P.lllI.. GOV'lHMfNT InOur.. "Ut rUJlSfU l'tUoll4U 1" \0 ....i.DRt"----. .J1JO ...l..... I ?o .asLL- 910 DO :Mapta-- I .AusI~ 91000 .Rttonfl__ I n to Cp".l PMU'I *- tnanaet'l'WIl ~2C~. ~999 co. , TVp. ta. 10 Shi,.~.y J. ArftOld. T.C. -A.Q.Q.,.YNI.. SEID.1IW!!.CM&HU . - - _. - , .u...... ~___.___._____1=_--=+.- u.oz.. hJ.1 In.ft.~tllVl .1L I!.IOQ. bIl._ -- --- - - - - - .-- -. \~:am~L--_..--.a..J"v..........L- ---~ 1&it-' 1 tuL.,c....ur..x- __ _ _ta.......Jl'!LLlbLlra !llllll'tic Sar"". ___ - -ZL - - _. 130~. Sapt1C 'lAP;'" 1D OiUlburv Septic servt~ poc '''0.00, '400. TOTAL nnLfI<lllT ""I&U IE"'" On LI"u 'Ill. ,..,Ion J ItId 'OZ, loctlon K) - -;:Ui:io .7.552.65 I -- -- ay "9"""9 DaeJ' 1 of th1. Itlt...nt, \tle 11gnltar1" aCknowLedge rece1pt of . COIIIPle1:ad cooY at paQe Z of \hit 2 ~ Itat-'\t. (7/<19-'421 t~~~tfttd ta De . lrue cop, ClMT"~ 'EoM 'ETTlE"lMT 11..lCIS. lH~. S.'\l.-.nt Agant ---.----- eClf of 9':'99t.!.9.:.t':'I~1 .", '~'''~'''.I3~'~Hr.rJtf]' 1.'!It:t 3t"lL I;I;t;t...M...~' ,. 1 ";.:' ':4'''0' .:'H~.. .~. '\ .' '.f', " WJ .' EXHIBIT ..e.. , ~.II' . ....,. '!:R' 'UFE CH' EV ...' ..,- , ROlET,' Inc,:"~'-'''. "I . UIO\ RItnIf Hwy, CARUSlE. PA \70\3 TIIepIlone 243-502\ /11A,u~ I~ /991' -r:: t(.;l/r.-r~/' ".J..e. "7 ~, f.~L.~t....t:U~ ~~~t1"''''- ~ ~ ~/ 7~- .6<<M'.....! -"""- u~ fY-< ~ ~ duP-L /1l ~ I??f -rt. '~"'7 ~p,dv~ ",/..:zb. /99.3 ('~ K/~() ~ ~.:J /~ '750".D ~.a.l~~~ ~ .:I L/ ()D J<'ISUD ~ -k7 /7/ o~. ~ /993 ~ ~~ : f~C.1; /, (I. u,.J.. /JI /.-~ ~ JEFF A. LONG s.Iot MINI<' - - IUnQIIIII ,NC, .601 lto.. N'Y CllII,1 . '-U1) _ _1717124).50: __17171697.2)' ,';l',,~ , ','~<:'f'" r~\"~i~;-';-,'f':l ., GENERAL MOTORS ACCEPTANCE CORPORATION ..o._lm_MUJIJOSoI01S loIOO-2OOo46U ~n_lJCPtCMrr ... -.. 1lIIC\IT1"_ ..... Aupst 27. 1998 Jcffiey Holtry Box 165 FlYtoWD Carlisle PA 17013 RE: 034-0833-82933 1993 Chmolct PU Oar Mr, Holtry; Below is . report of)'Ollr pa)'DlClll biatolY from March 22, J m till the lICCOunl was paid In filii on October 03, 1m. IfyoubavUII)' fiutberQllC$llOllS, please call Ms Solo lit 1-800-357-6924 cxt6478. rrzn:lNT Wl2NT ,00 04I22m 3150.00 05I22J87 3llO.00 05lO11ll7 380.00 f1eI'l2N7 350.00 0GI03Ill7 3llO.oo 07122/11 3llO.oo (17102/97 350.00 08I22/ll7 3llO. 1/97 3150.00 Wl2R7 3llO.oo 1/97 380.00 3llO.00 101031117 350.00 0.00 -..,"'" '....-. t., ,. -' ,j: . ..,'.1"''''...''1,..' .. EXHIBIT "D" , -'~:. :~(...t -,-...._. .. _.' MARTIN CAMPER SALES 717nllO-566a -8785 Catllale Pike MECHANICS8URG, PENNSYLVANIA 17055 In t~l. contraclthe worda. .. mL and m r.'", to ,he Buyer and C II I I I Sub I"' to the '."n. and COndl'i';n.~" both .'d.. of thl.-;";~.I ':,~~ ~'!.n n~ th :. condl,.-=:: The word. xau.nd 3UIIU re'", 10 It.. OM'..., WYfltW., ~ . . ~... ....":'~:~. ~ ,0" an a ~IOPUrch.._I"'foIlOW~":d..crt~unll. ADOIIfSS "7/;Iif ~ ' /.. /. :z../ ~ ' / .,""" T . COUN'; . i" .",-unosON , "uc o.n I' ..- rolS"""'. 111I. """" IDA/ &,,;1'...., (-"~ t'/~-/ "T,?"L ''-', " -.or. S1~ '"7 / o NEW ~DT~~ L ..,.L-ISlO~"";:;U srrJ Iw:'.C: L.. CH"SS'S "'AIlE" oWOOfL , TRADE.IN DEBT TO BE PAID BY 0 YOU 0 ME ..'-" ..~., '. :, . " :.', :. C. _I ClWIQI ' - r"'IjgIM.~~Cftl)f."'ClClI!pclI. w NOTE:WARRAHlYAHDEXClUSlONSAHDUII/TATlOHSOFOAIIAGfSONlllEREVERSl:SIOE. D. TOTAl.Ol"AYIWm._ .,'- .: . YOU AHO I CEA11FY lIIAT TH! ADllll10NAL TtRIIS AND COllDmOHS PllIIlTm ON lIt!lIACIC Of' .".. ........ ... .. - ..., - ... - '" . .. THIS CONmACT AAEAOAEEO TO AS PAATOPTHIS AOAEEJWn'. THUAIIIASIPPlIlHT!OAIC)YE . "*,,,rI~~ la,cl , . . THE SlGIIATURE.1 AM PUACltASINQ lit! AIIOV! llUClU8EO UIGT: lit! 0Pl10IW. E_EHT AHO .. TOTAl.1ALI PIlICI . ACCESSORIES: THAT MY mAllE-lN IS filE! FIlOll AlL CLAIIIS WHATSO!V!R, !lcur AS NOTtO. 'no """ coli '" _......... "" ..-. ........ IT IS ALSO llUTUALLT UNOEIIS1000 lIIAT THIS AGRUIIEHT IS SUIIJ!CT TO N!CUSAAY COfI. ... -r......."'. AfCTlONS, AND ADJUSTlIEHTI CONCENINQ CHANGES IN NET PAYOfF ON TRADE.... TO .e lI..A.. , . . MADE AT THE TlUE OF smuUOO. THIS AOREElIEHT CONTAJHSTltE EHnR.. IHDERSTAHDIHQ~ '~rolOle.n....~.: ..... ~.~oI' .... .. ....... BETWEEN YOU AND Me "NO NO OTHER REPRESEHTATlOH OR IM)UCOUHT. VlRUL:Oft WRrnU. KA98EENMA~=':il"1!';Wtc&Nl)TWR'iTlNttER!. .. (1,..t~I'"j't ....J ..M'dOFll'....ItI..,.."oI....,:. -'. ., .. ntS ItlJIIfDef1 cOf;AId a DmII LeClItm'....a IfTWUJf reu MIIJ.I/IID 1lO0'nQ Ml'MlDTAJDl ClltIlUZlDf....... CII nrrra.... __IrtICIf..r:onMaD. na COifJIIAQ. - L.04.W' AOlHOWUD(ltJUC .pr06 ~CMY06 n.s NlnllI>>mrN.I.TI 011.. H.tV,..MJJ.NtJI,IID...UJlDJHI-uo.rwne AIlIIntdllr. ... '" . .. Sl1f'ALNtJ"'1f1f .... . ..'.... TITLE APPLICATION INFORMATION I..' . :,'.....- :......,.... , - """. '. " I ,o'.: ~,. OPTIONAL EaUIPMENT LABOR AND ACCESSORIES S - ~ ---ZZ:?/.?/,?/t{,??;' ~ '.... ~' "7"777".., JJ'7'/,/?- //./. ' "'J A// I J I. .. .. --y; . -~ _'7 ... 'L:;Z ~_" . ../ .~ /. . " ;'1...,.... .".~ !.. /7./(/ , -,~.;..... ~" ~'~h ...... ....,. "'. .' - . --,~;.~.- '. ..rT. -.-,-;;r." . ., 77_" ~ .... y,. ............ .. ., ...... '. ',:-,~'" :".... '. ./ . ~. ..;~ ..... ..A _ ..,; ~ .' , .... .'-#. ~'\ .;j1: \,' /1-./ . .~ ., REMARKS: . ./AI l/ ..'. ~ . ,. ~. .. '.. BALANCE CIoIIRIED TO OPTIONAL EQUIPMENT s ~ ., .. 'iljf .... C('u,. ...., ~~"'f IN :.I.,.,........u WOOIlHfAjif" . Sf.,.,...,- . ~'Owfirolj 'O"'~ MARTIN CAMPER SALES . ' ' ,.i . . ::'lit~~.,: ~::1~'- .- --NiA~~~~N:C~"~'CJI' fit . ~r..:Jv:..;}... '!'~I.~.. .. //y,. --~- -...-:;~I. ~ ,- ~ ,""..., ..,,' ., . A PLAIN.LA~,G~AGE,P~,R!=~A.S!"A<.!~~~IIE~ , ._. ooo.wltElflflADlNO , ....:.~:..~.<.~ I '''If I~~~~~:t~~~ : BASE PRICE OF UNIT S I OP"ON.IL tOU/PI/EN' SUB. TOTAL S - SALES 'AX 11/ sIa,. R.oUl,adl ... 1. CASH PURCHASE PRICE S . ,. . Tlade.ln AJlowance S hu Bal, Due on Above S .' NET ALLOWANCE S : Cash odwn Pa_menr .' . i s I CASHASAGAEEOs"",...., S I 2. LESS TOTAL CREDITS, S . .. SUB. TOT Al S WON. TAXABLE ITEMS . . ~. VAl/IOUS FEES AND INSURANCE '. .. .. l'Ernla,nl' .... . . ( .. SALES rAX (II NollneJudsd Abovar ....,. ,. ; .. - . 3. Un_lei &.I.nee of C.h Sole Prtce S ' . WORKSHEET. THIS IS NOT PART OF YOUR CONTRACT:AL' FIGURES ARE ESnMATES. THEY DO NOT CONSTITUTE AI AGREEMEHTFORCREDIT.. " .' .. ~~':,,;'~'~~::~~'. '.- CIoOI Uo ""2 0. .,0"" . .. .~;\ ,I .. . 'TAJDUNof r.......... ~. . . ~'. t.c...". FM' .... lo'; '.HI... - -=- IfeorSltMoGn'NS . ... . . . ..... ... t~OUI) I .. UNPAID BALAHCI.AMOUHT P1NAHc:ao r,..: .' ~.~~{NO/IIdetlIa,ou~r!"'MIlAlf.. I .. AMNALPlACIHTAGaAA1Y " TrliICOIloI,outCtlMM&S.,.,..",,.... . . . . ..... ::..... , . . .... I ...=' '. SIGNED/._ - 8U'rfO SIGNED I( 8U'rfR ORIGINAL ., , '....'. . "'.~- - ~... ~ - . . './!-i .'~ . _,' j- :-;1 "!f :.. " ",'. On attached Exhibit' . notations In margin refer to the following legend: X Listed separately on Exhibit "A" FIA CombIned and listed as Other FurnIture and Sm. Appl. on Exhibit "An H/F CombIned and listed as Guns and HuntIng Equipment on ExhibIt "A" TIE CombIned and listed as Tools and Equipment on ExhIbit "A" MISC CombIned and listed as Miscellaneous on Exhibit "A" EXHIBIT liE" !ol-o.,. :~.. i~tklo...r "...",r" . . . .~< . ~ "~''i.;...,.~",:.. . . '1 . l..~ ~. ? . Complete AUllllonU,lnll a'IVlee . Your loc.llon or ",Inn . or I'U buy your ollllle 1111 229 Petersbufg Rd. Carlisle. P^ 17013 . (717) 2~3.1:l1J8 \'f\ IM.d t"'}, \ q ~ %' fJ\t~ ~~'\ Co...~la.. .. (:\~Ao.i..1CJl.. ey.. ~cte.& ~,,\~\ \~S k d\l>n"",c..,';)\.4,, \0 :.:: J. S.= \~ ~ \\0::' \o:)\vl.. .JI.4..J-I~ L/D '':' c.Q.J..1r\ ~ \~"u..'"^ '-to =- r d ~\""~ \o-=- \C>t. \:..,t,!\. 30 ":. I~ d.UJ\ ~~ SO '::.. If ~W\ hl,)/'(\~ 3D ''::". Ilst,~C'I\t...\.J\~O \ 50:::' I ~ Q,tl-l \ ~ ,,\~...J: l' R.. \-v \05-::' ~ ,,~~ . J. 5 :. j( -\\1 ~,,~ \ 5 :::. y. ~c)("~..: 4'"L '-tee = I< c..utn (W4"- ~ \.:. 40 -=- j.. R e. p., c. Mi\ (.(,Y ~ \ 50 ":::.. >< S Y\ 0-"\ P -\- V 1-\ s ::. 3ft... U'lCo~rA~ \50-::' It-' \,\)"""~~ '-\5 -=- 0...0\ (.(;(\ ~ . 3 0 -:::.. ,~L8G-D.~ ~o"c...k.11 \ s=- ~jl.l\c.u..,,' \ "., ('t\ -.l i:..;f... \c~ 6\\;"'~\1.l...\l.. rnu,,:.I...\c.)~ O\u a. ';).;).... \'Z... ~DD =- J.,oo -=- Ol-oo "'::... )~~"Q.rn\&~+ C\~ Goo-=- FiS..~,,;...O ro~ '"'" Ge,.o.:l. r"J 5 = ~ou) \^ c...G.4JL (05 -:; 0\ ~ \oOI..U 015-:..... {'<eo \oo..~\"C.O ~~. ~ 5'.-=- /"'I.tS~ b:, \e..r.:> 10 "':. 1/ f; l t\.u;I'\ c.. c... '\. \- Lfo -::. 1"/f lJ.:)\-)ea..Q boN'ow \ 8a -::::. f/ Ir- \ Q.I.JJ" ~ ~'I.J.) \ 0 -=- 'fIE: \ o..~ \e\..w\ ') Llo -=:... 1- -\-\~:.. \.4.r \ 50 ':::" 1" /€- S nol.O \0 1 OUl..clJ'l.. 550 -=- k e:, 00... ~ \ ~Mlvt. -T rno\vr '8 '15 = rlf:. i\~\"O ""c.)~ \ 50 -:::.. T/(.. JM\\ r~ \ c31S-=' 1"/F: ~'J'\ \ \::,... lID-=- e" Ae~3...... ' Hit .-- s!" ~ ,~~coo r.u.. 6&\ ....tfA.eu'.bc:J2.. ~ ~'t'.f5) .:tJ .t2t?~ ~~) hie..-'+-? L.. ,. . fl..' " "'. . ,,' ,"". . "_ '. "~." i: . (....'.'-:",'..,. .. ,. .' EXHIBIT "F" @ Mellon Bank PERSONAL BANKING STATEMENT , , -- - DIRECT INQUIRIES TO. MELLON BANK NA COMMDNI~l!AL TH REOION WEST ORANGE STREET 153 W ORANGE Sf SHIPPENSBURG PA 17257-174, 717-530-8803 1.../11...11,......11..11.,..1.1.,.....111...11.,..,.1...1.'.1 JEFFREY A ItOLTRY 165 FRYTOI~N RD CARLlaLE PA 17013-8917 02196 0442 4t2-259-968a PAGE 1 OF 3 STATEMENT FROM 02/26/97 THRU.03/24/~ " :...,..... .' WHEN YOU DEPOSIT CHECKtS)'AND WANT CASH BACK. WE HAY WITHHOLD THE AVAILABILITY OF A CORRESPONDING AMOUNT OF FUNDS THAT ARE ALREADY IN YOUR ACOUNT. THE FUNDS JUST DEPOSITED HAY NOT BE AVAILABLE FOR IHHEDIATE WITHDRAWAL. SEE YOUR FUNDS AVAILABILITY POLICY FOR DETAILS. RELATIONSHIP SUMMARY ~::~~LA~f.~:::" TOTAL 1 ~:~~~ 1.550.50 LOAN ACCotNTS OUTSTANDrp.. PERSONAL CHECKING ACCOUNT 412-239-9688 ,.-.........--......-- I~CCOUNT SUMMARY' OPENING 8ALANCE AS Of OZ/Z6/97 TOTAL DEPOSITS ANlI OTIIER ADDITIONS INcLUDING INTEREST CREDITED TillS PERIDD T~TAL CHECkS AND OTHER HITHDAAHALS INCLUDING FEES AND CHARGES THIS PERIOD C OSING BAlANCE AS Df D3/ZV97 .. ',' t' ~ ~,.t...~... ...:.' Ii' :,t.:' "~ 'r' ...... L.....;.. 2,597.r tl,374.(t -2.421.8 I.S5D.s AVERAllE ACCOUlr BALANCE ~CCotiHr-ACTiVlTY 2.365.54 "'. ''':.'' .. .... /~'.;. ":'->.~: . .....;i,.:. ..~::,...:::..::........"..~...'... ';. .,~ :,,:,;.', ,": ,,'. DATE POSTED DESCRIPTION 02/26/97 DPENING 8ALANCE OZ/Z7/97 OZ/Z6 MELLON ATH HITHORAHAL 1008508 URLISLE S1IAROH CARU::LC rA DEPOSITS AND OTIIER ADDITIONS DAIl IU.LANt: &,.'7.6 CHECKS AND OTHER HITHDAAHALS . 100.00 Z,497.8: 03/03/97 CHECK 1 4349. . . . . . . . D3/05l97 DEPOSIT REf 10000000469Z40D2 CHECK . 4339. . . . . . . . CHECK....l4S.. I..... 128.26 2.369.5. 1.374.48 269.92 10.15 3.463.9 D3/D6/!7 D3/05 IIELLON ATH HITIIORAHAL 1009'154 CARLISLE ~HARON CARLISLE PA CHECK . "3' U. .. .., CHECK . 4:.te3 I . . . . . . . .. . .0 100.00 26,47 46.00 . ., ~'l,~> , I, f EXHIBIT "6" '. . " . @ Mellon Bank Savings Statement DIRECT INQUIRIES TO. MELLON BANK NA COMMONWEALTH REGION 153 W ORANOE ST SHIPPENSBURG PA 17257-1742 717-530-880.3 ' ,...111...111......11..11.,..'.1.1.....111...,..1,.1 JEFFREY A HOLTRY 165 FRYTO~ltl RD CARLISLE PA 17013-B917 025640 0442 . 00420-40a088 PAGE . 1 .. STATEMENT . ..: :.:.~.: FROM 03/01/97 TO 05/31/97 ' , OPEN A HELLON CHECKING ACCOUNT NOW AND GET NO SERVICE CHARGE FOR 6 HONTHS. FREE TELEPHONE BILL-PAYING FOR 6 HONTHS. PLUS A FREE FIRST ORDER OF CHECKS. TO SIGN UP CALL 1 800 HELLON-24. STATEMENT SAVINGS ACCOUNT 00420-408088 1~~oiiNE~~iii1i1ARr____ ..:.. :",;' ,. .. . ..... .> I.... , ," I . . I f ~ '. ." DPENING 8ALANCE AS DF 01/01/7 TDTAL OEPOSITS AND DTHER AOOITIONS INCLUDING INTEREST CREDITED THIS PERIDD TorAl WITHDAAHALS THIS PERIOD INCLUDING ANY APPLICABLE FEES CLOSING 8ALANCE AS DF OS/U/U AVERAGE ACCOUNT 8ALANCE FDR TIlE STATEIlEHT PERIOD IHTERESr CREDITED FOR THE SrATEHENr PERIOD INTEREST CREDITED YEAR TD DATE OATE DF LAsr TRANSACTION 3.058,11 14.'J 21.'1 05130"7 TIllS STATEHENT REflECTS ALL ACnVITY TROll OJ/OI"7 THRDUllII 051111'7, YllUlI A/NIAL PERCENTAGE YIELD EARNED, FDA THIS PERIOD IS I,'I~, 1~~c~ujr'~~!iv_iTY' ___ .'. " J DATE POSTED OESCRIPTION 05/01/'7 OPENING BALANCE DEPOSITS A/IO DTHER ADDITIONS . DAILY B&L&tc=1 1,0411.49 MtTHDR&MAL!I 05/11/.7 INTEREST CREDIT 4.'2 J.OSI.I\I 04/50/'7 INTEREST CREDIT 3.058.11 J.OU.I2 05/JII.7 INTEREST CREDIT 4.77 4.'14 05/11/.7 CLOSING 8ALANCE . YllUlI HDNTHLY SERVICE CHARGE HAS 8EEN HAlVED 8ECAUSE YL ACCOUNT 8ALANCE REIlUIREIlENT, 1.061.11 . THE IF YOU HAVE QUESTIONS ABOUT THE INFORMATION CONTAINI HINT. PLIASI CALL THI HILLONDIRICT 24 CINTER FOR CU~ THE HUHBERS TO CA~~ ARE 1 aoo 222-903~ OR 222-903~. THIS STATE- R SlRVICE. :, .\".l!-;; ',' ~'.' .:., '..' . ',.'. i'~' .. .. t EXHIBIT "H" ..",,:::'" .. PENSION APPRAISERS INC. 'I'".....r~. ..'....-.. ,', t. .. , ". ..><,.."". ~ ~J . '''~11:~t-.t.j:'' ~~.. 1 ,.. ~ , I . ',j'l,';,'''''' -. " "i' i":~', . ;- < P.O. Box 4396 . Allentown, PA 18105-4396 1.800.447.0084 . Fax 610.770.9342 June 10, 1996 Harold S. Irwin, III, Esq. 36 South Pitt Street Carlisle, Pennsylvania 17013 RE: Present Value of Jeffrey A. Holtry's. Defined Contribution Benefit File No. 06.96.38.1169DB Dear Attomey Irwin, III: The Masland Associates Security Plan, of which Jeffrey A. Holtry Is a participant. Is a Defined Contribution Plan, Under this type of plan, the employer and/or employee contributes a specific amount per year to the plan. However, the plan does not specify the amount of the benefit the employee will receive upon retirement. Individual record keeping accounts are maintained for each employees contributions and Investment gains or losses. The present value of a defined contribution plan would be the account balance as of any point in time reduced, if applicable, for a marital coverture fraction and for non-vesting. As of December 31, 1995 the value of Jeffrey A, Holtry's account balance In the Masland Associates Security Plan amounted to $128,874.86. Adjusting this amount for the marital coverture fraction and for non-vesting yields a Present Value for Equitable Distribution of $93,356.95. this determination was derived from the following Information and facts: PENSION PLAN: Masland Associates Security Plan MARRIAGE DATE: June 19,1977 ASSUMED DATE MARRIAGE ENDED: June 7,1996 DATE EMPLOYMENT STARTED: June 1, 1970 (Assumed date pension holder began participation In the plan) 'frP ~'ll;~"".r,:''':r'l}t<}I.~S'''~'l?:~1 . . ~1fIIIf"'t. -'...,' . ,-' " '. _'. ~ ... ..........~...... .~..'t"'.. .... .... .....' -'-' -, fit .,:......,..#.. ... . , I. .~-~.. ;',. .' :;'~','1.1'... ", . '-." ..... . . "'" t')....., rot. .t 1'_.' '." . 'J ,t I June 10, 1998 " . ,,..!.~ .. Jeffrey A. Holtry. File" 06-98-38-118908 Page 2 ASSUMED ACCOUNT BALANCE: $128,874,86 ACCOUNT BALANCE DATE: December 31, 1995 REDUCTION FOR NON-VESTING: 1.0000 Represents a reduction for Ihe probability of service to 100 percent vesting as equal to the portion already completed. Reduction for Non-Vesting: Reduction for Marital Coverture: x 1.??oo REDUCTION FOR MARITAL COVERTURE FRACTION: 0.7244 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction rapresents the total period of time the pension holder participated In the plan during the marriage and the denominator is the total period the pension holder participated In the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $ 126,874.86 x 0.7244 VALUATION FOR EQUITABLE DISTRIBUTION: $ 93,356,95 . ]':. t '.",. " ..~; '." ". t-..- ~,;',;. :..",~.!_ t . .. 6.t , EXHIBIT III" .~PnIcIentIaI_ . , JEFFREY A HOLTRY 185 Fry town Rd Cerllsle PA 17013.8917 . ,.'.,.~ . ~: Eaatern Operetlon. P. O. Ball 2089 Fort Weahlngton PA 19034 1.8oo.PRU-CALL 11-800-778-22551 July 07. 1998 Insured: Jeffrey A Holtry Pollcy#: 042422800 Dear Jaffrey A Holtry: Here's the Information requested for the policy shown below. This policy was Issuad by The Prudential. A. POLICY NUMBER: B. INSURED: C. BENEFICIARY: 1. Face Amount of Basic Policy: 2. Values Shown as of: 3. Premiums Paid to: 4. Tabular Cash Surrender Value: 042 422 800 Jeffrey A Holtry Cindy E. Holtry $ 5000.00 5. Surrender Value of Dividend Credits: $ 6. Termination Dividend Available: $ 7, Other Surrender Values Available: $ 8. Outstanding Loan Principal: $ 9. Accrued Loan Interest: $ 10. Total Cash Surrender Value: $ Sincerely. ~'lQidp.lQ~ Jeanlne L Papineau lueoooo 07/01/98 $ 1655.40 1172.01 125.00 0.00 0.00 0.00 2952.41 " : 'rll'.ThePrudenb81 . JEFFREY A HOLTRY 166 Fry town Rd C.rn.l. PA 17013.8917 Jeanlne L Papineau " . ~= ~l:..,~~Oanc:~'~1IW;""" E..tern Operetlon. P. O. Box 2089 Fort W..hlngton PA 19034 1.800.PRU.CALL 11.600.778.22661 July 10, 1998 Insured: Jeffrey A Holtry Pollcy#: 080338730 Dear Jeffrey A Holtry: Here's the Information requested for the policy shown below, This policy was issued by The Prudential. A, POLICY NUMBER: B. INSURED: C. BENEFICIARY: 1. Face Amount of Basic Policy: 2. Values Shown as of: 3. Premiums Paid to: 4. Tabular Cash Surrender Value: 5. Surrendar Value of Dlvldand Credits: $ 6. Termination Dividend Available: $ 7. Other Surrender Values Available: $ 8. Outstanding Loan Principal: $ 9. Accruad Loan Intarest: $ 10. Total Cash Surrender Value: $ Sincerely, ~~~KIiQ~ Jeanlne L Papineau l5550000 ..... 080 338 730 Jeffrey A Holtry $ 10,000.00 03/22/97 07/01/98 $ 2174.30 577.39 170.00 0.00 0.00 0.00 2921.69 II ~rl UUVIIUGI 'V ..,.,.-_ I CONTRACT VALUU QUOTATION Ih . '! 1'" .~'-~:t., t' ~ ... ':, :~- ''. ~ .:". '. W SH 012 4 EVAGGELOS TSAHBIRAS 23 RICHARD AVBNUB SHIPPENSBURG PA 17257 (717) 532 -3297 CINDY E HOLTRY 165 FRYTOHN ROAD CARLISLE PA 17013-8917 CONTRACT NUMBER 042 820 685 CINDY E 1l0LTRY JUNE 24, 1996 YOU RECENTLY REQUESTED ItIFORHATION ON ALL TilE VALUES OF YOUR PERMANENT INSURANCE CONTRACT. AS OF JUNE 19. 1996 THESE VALUES WERE, $l,B11.52 $919.77 CASII VALUE CASH VALUE OF PAID-UP ADDITIONAL INSURANCE (TilE AMOUNT OF PAID-UP ADDITIONAL INSURANCE PROTECTION IS $2.531. 701 TERMINATION DIVIDEND .. $201.78 $2,933.07 TOTAL CASH PAYABLE ON SURRENDER THE AMOUNT OF THE TERMINATION DIVIDEND SHOWN ABOVE DEPENDS ON WHEN TilE POLICY IS SURRENDERED. IF YOU SURRENDER YOUR CONTRACT, YOU SIlOULD REALIZE THAT: _ YOU 'l/ILL LOSE THE $7.539.00 REDUCED PAID-UP INSURANCB AMOUNT. _ YOU WILL LOSB THE AMOUNT OF INSURANCE PROTECTION YOU NOW HAVE. _ ANY NET GAIN ON SURRENDER MAY BE SUBJECT TO FEDERAL INCOME TAX. AN ALTERNATIVE TO SURRENDER IS TO TAKE A CONTRACT LOAN OF UP TO $2,731.29. THIS WILL CONTINUE YOUR INSURANCE PROTECTION. LESS THE AMOUNT OF THE TOTAL LOAN AND INTEREST. THE OPTION TO REPAY THE LOAN IN THE FUTURE GIVES YOU THE OPPORTUNITY TO RESTORE YOUR FULL CONTRACT VALUES WITHOUT IIAVING TO REAPPLY AND SHOW EVIDENCE OF INSURABILITY. INTEREST ON THIS LOAN HILL BE 6.0' FOR THE REMAINDER OF THIS CONTRACT YEAR. HAVING LOAN FUNDS RBAOILY AVAILABLE FOR UNFORESEEN SITUATIONS IS ONE OF THB IMPORTANT PROVISIONS OF YOUR PERMANENT LIFE INSURANCE CONTRACT. IN ORDER TO RESTORE THE BENEFITS OF YOUR CONTRACT FOR YOUR BENEFICIARIES OR FOR YOUR OWN FUTURE USE, YOU CAN REPAY SOME OR ALL OF YOUR LOAN. (CONTINUED) TilE PRUDENTIAL INSURANCE COMPANY OF AMERICA B990 15 "563 W SIl 012 , - EXHIBIT "J" ....:','" '~",,"I-"'>,..l<','.i ~ .. J . /S~,).)./-/~ No. . To: Reabtcl' or WWs ror the ~ CountY or ~t1mhA"" Ann Ia tho SockrJ S<<urlt)' No. 1 R ,-, , -,; R 1 c; -.. Commonwealth or PeDDsylvmla The pellllo!!...or the undenlaned respectrully reprcscuLl that: Your pelllloncr(s), who Is/are t8 years or ale or older an the execvr r; v In the Jut will or the above decedeDt, dated n....."ho.. R and codlcll(s) dated . ~l!InuON FOR PROBATE aad GRANT OF LETl'.I!aCb Estllt. b/ Norman J. //bo known III . " Hoc:kenberrv (SWI relevanl arcums&&nccI, C.I. I'CIIwu:iadoD. dcada oracClllot. etc.) . named 119Q~ Oeccndent was domicllcd at death InClImbF! rIll nrl County, PCllllSylvanla, with . . ,.. is l~tfamilyorprinc!eaJrcsidenccat 50 Lon~gnmp Rn:'M NAt.n,111a '011 '''''41 (''0/'" '%~'~.'/ /A,?, I . (UIt .u.... Dwnbct aad rallllCipIIllYI Oecendcn!,theu 69 years o(alc. died Decembpr 1 n .19q7. at Carl1s1e. Curnbprl.~nn rnl1nt-y Ppnne:y' "::1" of if! . . Except as (ollows. decedcnt did not many, was Dot divorced and did Dot bave a child born or adopted artcr execullOD or the will orrered ror probate; was not the victim o( a kiUlDl and was nevcr adjudicated Incompetent: Occendent at death owned propcrty with estimated values as rollews: (lr domiciled In PlI.) All personal propeny (If Dot domiciled iD PL) Penooal property iD PCllllSylvania (If Dot domiciled iD PL) Penooal property iD Count)' Value or real eswe iD Ivaala lituated rollows' -S'o /0. cue.. I D WHEREFORE. petilloner(s) respect(ully request(s) the probate or the last will and codlcll(s) presented herewith and the grant oCletterc I:p"t-IImpnt-,...y (ICSWDCIIWY; admiaIstraUOD C.loL: admhsIsuadDn d.b.D.C.loLI theron. Ii ~J. H~~~D 1~ Etn T.nnoanmo g.....::IM -::cf Npwv; l1p PA 17?41 1'0 I iil , OATH OF PERSONAL REPRESENTATIVE . , COMMONWEALm OF PENNSYLVANIA } as COUNTY OF Cumberland The petilloncr(s) abo\'e.named ~wcar(s) or arrum(s) that the swcmeuLl iD the rOreaOiDI petillon are trUC and concel to thc best or the knowledlc and bcuer or petllloner(s) and that as persow repre:scn- wivc(s) or the above dec:dCOlt ;lC"Jlloner(s) will well and trUly admiDistcr the estate accordlnl to law. - I '~ (' LAG ... . ;; nny ~ U ~ Sworn to or aCfinoed and subscribed ore e tbls 29 ~h_ day or 19 .~ . -..~ ),. ".; ~ to c.. .. :s Q - s: ! ..... . . . EXHIBIT "K" . . ... J ~ , . .', 'i""'-:;':' .M~flITAL DEBT~ NO. DIISCRIPTION DATil CRIIDITOR PURPOSII DIIBTOR BALANCII BALAN (at ..p (now) 1 Satellite Dish 1995 LSI Fin Sat Dish Joint 1,272.11 O. 6 Credit Card ?? Fash Bu Clothln Wife 7 Credit card 1995 Penne 's Misc. Wife 8 Credit card 1995 Ca ital One Misc. Wife 9 Credit Card 1995 Master Crd Misc. Wife . . EXHIBIT "L-- . fJi', j' ,'.', CINDY E. HOLTRY PlaIntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 449 CIVIL 1996 JEFFREY A. HOLTRY Defendant IN DIVORCE INVENTORY of CINDY E. HOLTRY Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. t~c1 Cindy E E.'-# oltry, Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x ) (x ) ( ) ( ) (x ) (x ) ( ) ( ) I. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit S. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7, Contents of safe deposit boxes 8. Trusts - ( x ) 9. Life insurance policies (indicate face value, cllSh surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( x ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a pllrly with company) ( ) 16. Employment tennination benefits .. severance pay, workers' compensation claim/award ( ) 17. Profit sharing plans ( x ) 18. Pension plans (indicate employee contribution and date plan vests ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (x ) 24. Debts due, including loans, mortgages held ( x ) 25. Household furnishings and personalty (include lIS a total category and attach itemized list if distribution of such lISsets is in dispute) (x ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person lIS of thc datc this action WllS commenced. Item Description Names of Number of Prooertv All owners Value 165 Fry town Road, Carlisle. Husband and Wife $ 80,000.00 Upper Frankford Twp. 2 '93 Cheverolct 4x4 Truck Husband and Wife $ 25,OOU.00 2 '93 Cheverolet Corsica Husband and Wife $ 10,000.00 5 Checking account Mcllon Bank Husband $ 3,000.00 5 Checking account Fanners Trust Company Wife $ 25.00 6 Savings account Husband $ 6,000.00 Mellon Bank Plaintiff lists 011 property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: '. 9 Life insurance policies Husband Prudential 9 Life insurance policies Wife Prudential 14 Personal property 1980 Sun line camper 17 ft. HusbandlWife 1984 Grummin V Bottom Boat 17 ft. Boat Trailer, 9.9 Evenue Motor & Troling Motor 4 x 8 Utility trailer ReA Satellite Dish Husband/Wife Garage items/tools/equipment HusbandlWife 18 Pension plans - 40 I k Husband 25 Household furnishings HusbandlWife 26 Other - Hunting equipment HusbandlWife NON-MARITAL PROPERTY CLAIMED BY HUSBAND, DISPUTED BY WIFE Item Number Description of Prooertv Reason for Exclusion ., FV $9,000.00 FV $5,000.00 $ 2,400.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 1,500.00 $ 5,000.00 $ 100,000.00 $ 10,000.00 $ 5,000.00 14 Tools Bought/gifts prior to marriage 26 Guns, Archery, Hunting equipmcnt Bought/gifts prior to marriage PROPERTY TRANSFERRED Date of Transfcr Consid. cration Item Number Description of Proocrtv Person to Whom Tmnsfcrred ~ ~ >.~ :s Ii e o l'Q ::al:l. 8 i \0 '" ~ N "" lI'\ :q "" o N "" o lI'\ VI lI'\ ... "" - "" C'. - i l~ ~ 00 - "" - "" ~ ~ ~ "" 8 "l. 8 ~ "" ~. 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HOLTRY, Plllntlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW v. JEFFREY A. HOLTRY, Dofondlnt : NO. 98 . 449 CIVIL TERM : 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 717.249.6200 .. .-_.~ CINDY E. HOLTRY, PI.lntlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW Y. . . JEFFREY A. HOLTRY, Defend.nt : NO. 98 . 449 CIVIL TERM : IN DIVORCE NOW, comes the defendant, Jeffrey A. Holtry, by his attorney, Harold S. Irwin, III, Esquire, and responds to plaintiffs amended complaint in divorce, representing as follows: 1. The averments of fact contained in paragraph one of plaintiffs amended complaint are specifically denied. On the contrary, plaintiff has resided at 50 Lonesome Road, Newville, Cumberland County, Pennsylvania 17241 since at least March,1997. 2. The avermenls of fact contained in paragraph two of plaintiffs amended complaint are admitted. 3. The averments of fact contained in paragraph three of plaintiffs amended complaint are admitted. 4. The averments of fact contained in paragraph four of plaintiffs amended complaint are admitted. 5. The averments of fact contained in paragraph five of plaintiffs amended complaint are admitted. 6. The averments of fact contained in paragraph seven of plaintiffs amended complaint do not require a response from defendant. COUNT I. INDIGNITIES Defendant hereby Incorporates by reference his responses to the averments contained in plaintiffs amended complaint, paragraphs one through six, as if each response were set forth fully hereunder. 7. The averments of fact contained in paragraph five of plaintiffs amended complaint are admitted in part and denied in part. It is admitted that the marriage between the parties is irretrievably broken. The remaining averments of this paragraph are specifically denied. WHEREFORE, defendant requests that a decree in divorce between the parties be entered under Section 3301 ( C ) of the divorce code. CDUNT I~QUITABtE DltlTRIBUTIDN 8. Defendant hereby incorporates by reference his responses to the averments contained in plaintiffs amended complaint, paragraphs one through seven, as if each response were set forth fully hereunder. 9. The averments of fact contained in paragraph nine of plaintiffs amended complaint are admitted. By way of further response, some of the property in possession of the parties was accumulated prior to their marriage and only its increase in value, if any, is subject to equitable distribution. In addition, since the parties' separation they have each accumulated additional personal property which is not marital property and not subject to equitable distribution. WHEREFORE, defendant requests an equitable division of all marital property of the parties. CDUNT I~L/.DNY. 1ft/.DRY PENDENTE I.Lm CDUN.EL FEE.. CDtlTtI AND EXI'EN.EB 10. Defendant hereby incorporates by reference his responses to the averments contained in plaintiffs amended complaint, paragraphs one through nine, as if each response were set forth fully hereunder. 11. The averments of paragraph eleven of plaintiffs amended complaint are admitted in part and denied in part. It is admitted that plaintiff has employed counsel; however, it is specifically denied that she is unable to pay the necessary and reasonable attorney's fees for said counsel. To the contrary, plaintiff will receive a substantial sum of muney through the equitable distribution of marital assets from which full payment of attorney's fees can be made. By way of further response, plaintiff has had representation by an attorney since the start of this action over two years ago, which attorney continues to act as such. Furthermore, plaintiff's own dilatory conduct in this action and her unreasonable failure to negotiate in good faith have caused both parties to incur additional expenses, attorney fees and inconvenience, for which defendant cannot be expected to pay under the circumstances.. 12. The averments of paragraph twelve of plaintiff's amended complaint are specifically denied. To the contrary, plaintiff is not only able to but has sustained herself during the course of this litigation for over two years. She has done so through her own employment and through the payment of child and spousal support to her by the defendant. By way of further response, plaintiff has chosen to remain employed only on a part-time basis while having the opportunity and ability to obtain gainful, full time employment. Furthermore, plaintiff has had virtually no living expenses for the major portion of the time this litigation has continued by virtue of the manner in which she was compensated for her services as a caretaker for Norman Hockenberry, with whom she lived until his death in December, 1997. She continues to reside in the former home of Norman Hockenberry, is the executor of his estate and is the beneficiary of one-half of his estate, the net value of which is estimated to exceed $100,000.00. 13. The averments of paragraph thirteen of plaintiff'S amended complaint are conclusions of law to which no response is required. However, if a response is required, it is specifically denied that plaintiff is entitled to alimony solely due to the JE income and earning capacity of the defendant. On the contrary, plaintiff has not set forth sufficient grounds to justify the granting of this request, neither do such grounds exist. WHEREFORE, defendant requests that your Honorable Court enter a decree In divorce and that the marital property of the parties be equitably divided according to law. However, defendant demands that Count III of plaintiffs amended complaint be dismissed. 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. Section 4904, relating to unsworn falsification to authorities. June -S .1998 HAROLD S. IRWIN, III Attorney for Jeffrey A. Holtry HAROLD S, IRWIN, III LAW OFF/CEil OF HAROLD S. IRWIN, III ATTORNEY-A T.LAW HITNI!R HOUII!, IUITI!I 201 .nd 202 35 I!AIT HIGH STRI!I!T CARLIILI!, 'I!NNIYLVANIA 17013 717.243-1lOllO PHONE 717.243-9200 FACSWlILE JOHN J, BARANSKI HEATHER A, BARBOUR GAY L,IRWIN PARALEGALS www.cenpenn.com/irwinl e.mall: irwinlaW@epix.nel May 22, 1998 E ROBERT ELICKER ESQ DIVORCE MASTER 9 N HANOVER 5T CARLISLE PA 17013 RE: Holtry v. Holtry No. 96 - 449 Civil Tenn Dear Bob: Enclosed please find an amended pre-trial statement which I have prepared In this case In order to property reflect the appraisals and other Infonnalion which has been gathered since our pre-trial conference In this case. Just this week. Mr. Broujos decided to amend the complaint to Include the claim for alimony. As the enclosed leller to him Indicates. I had assumed that he was no longer pursuing this claim and we are not prepared to proceed with this part of the case on Tuesday. I have suggested to John that we have the hearing on Tuesday as to all other Issues In this case, but that a separate hearing be scheduled to consider all marital misconduct and alimony Issues. You had previously Indicated that you would hold a separate hearing on those Issues and alii am requesting Is that this hearing be held second. I do not think that John opposes that and. under the circumstances. I assume that you will have no problem with II. Otherwise, I would have to file an answer to his rule to show cause regarding the amendment of the complaint. which would postpone the whole proceeding until disposition of that petition. I am hopeful that we will be able to stipulate to the values noted on the various appraisals so that the hearing on Tuesday will concern primarily Issues bearing on the percentage of distribution to each party. Thank you for your cooperation In this mailer. ~ Harold 5. Irwin, III cc: John Broujos, Esq, Jeffrey A. Holtry . -,.._--~ - ....-- LAW OFF/CEil OF HAROLD S. IRWIN, III A TTORNEY-AT.LAW HAROLD S, IRWIN, III HITNI!R HOUSI!, SUITI!S 201 and 202 35 I!AST HIGH STRI!I!T CARLISLI!, PI!NNSYLVANIA 17013 www,canpann,comArwin/ a.mail: IrwmlaW@apix,nat 717.243-8090 PHONE 717.243-9200 FACSIMilE JOHN J, BARANSKI HEATHER A, BARBOUR GAY L,IRWIN PARALEGALS May 22,1998 JOHN H BROUJOS ESQ BROUJOS GILROY & HOUSTON 4 N HANOVER ST CARLISLE PA 17013 RE: Holtry v. Holtry Dear Mr. BrouJos: Attached please find an amended pre-trial statement which I have put together in consultation with my client. I believe that this includes all appraisals and bank statements or other documentation that you have requested. I have not received any documentation from you as to your client's bank accounts or the personal property in her possession. I will not object to your amendment of the complaint at this very late date, on the condition that the hearing on marital misconduct and alimony be held at a later date. Although it is true that you indicated at the pre-trial conference that the plaintiff wished to assert a claim for alimony, you were specifically directed buy the Master to file an amended complaint if you intended to pursue such a claim. You did not attempt to do so, nor did you communicate with me in any way, unlilless than one week from the master's hearing. It was a reasonable assumption on our part that you had decided not to pursue the alimony claim due to my client's assertion of marital misconduct by your client or for some other reason. In any event, your delay in doing seriously prejudices my client if an alimony/marital misconduct hearing was to be held on Tuesday, due to the fact that we have not had an adequate opportunity to prepare for this portion of the case, and in particular. to get our witnesses lined up for this proceeding. b' LAW OFFICES OF HAROLD S. IRWIN, III Holtry v. Holtry M., 22, 1111 '.g. Two We had planned to meet together yesterday to talk about this case. My intent was that we might have a reasonable discussion of the facts and issues involved in this case in an effort to try to reach an amicable resolution of the financial matters between these parties. The letter I received from you prior to our scheduled conference indicated that you are seeking a 65% share of the marital assets for your client in addition to alimony. Under the circumstances of this case. I view such a demand to be clearly inappropriate. As I indicated in my response, I could not possibly obtain my client's agreement to such an unfair and one-sided distribution of assets. I cannot imagine him agreeing to anything other than a SO/50 split. If we could reach an agreement at that level, he may even be willing to waive his objection to alimony provided the amount would be set no higher than he is now paying and that it terminate in a definite period of time, say two years or upon Cindy's death, remarriage or cohabitation. After reviewing my amended pre-trial statement with your client, if she is willing to consider such a proposal, please advise. Otherwise, I see no reason to get together prior to the hearing on Tuesday. I have tried for nearly a year to get together with you to discuss this case or to at least have some meaningful discussion regarding equitable distribution. You have not only been unwilling to make any proposals prior to the letter I received yesterday, you have repeatedly ignored my correspondence and my phone calls. I expect to be out of the office today; however, I will be in on Saturday morning and Monday morning for a few hours. I also expect to be in the office by 7:00 a.m. on Tuesday. Please feel free to contact me at any of those times if you feel it could be productive. HSI JEFFREY HOLTRY 1885 FRYTOWN RD CARLISLE PA 17013 - CINDY E. HOLTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PlalntllT v JEFFREY A. HOLTRY NO. 449 CIVIL 1996 Defendant IN DIVORCE NO OBJECTION TO FILING AMENDED COMPLAINT Defendant ha~ no objection to amendmcnt by Plaintiff of the complaint in di\'orce a~ set forth in Amended Complaint attached hereto and accepts s rvice thereof. 17013 May 19. 1998 "..~ CINDY E. HOLTRY PlaIntIff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA n. : 1l0CKET NO, ....9 CIVIL 1996 JEFFREY A. HOLTRY I)crcndant : IN ()(VORCE PLAINTIFF'S MEMORANIlUM OF LAW TO MASTER AT AUGUST 28 HEARING HOCKENBERRY BEQUEST IS EXCLUIlEI) FROM MARITAL PROPERTY. Upon the decease of Mr. Hockenberry. he devised and bequeathed his estate by will to his son and to Cindy E. Holtry. Assets consisted of essentially real property and just a few dollars. The estimated net value for distribution, which has not occurred. is $129.981 Dollars. Section 350 I (a)(3) of the Divorce Code provides that marital property excludes "property acquired by gift, except between spouses. bequests, devise or descent," The bequest is excluded and is not included in marital property. REAL PROPERTY. The property was placed with a realtor sclected by Husband. without sale to the present date. Wife is satisfied to have a divorce order that will provide for sale of the premises and payment of the mortgage and outstanding debts of the parties. Wife claims a 65% share in the property and in all marital assets, including the pension. MARITAL DEBT. Marital debt of the parties consists of the following: Mortgage balance on prcmises. Car debt is under personal property. Capitol I Visa $2.400. Advanta husband has data SUPPORT OF WIFE AND CHlJ.I)REN. Wile nolongcr sccks support for thc child Jcnnifer. Shc will not go on at this timc to undcrgraduatc work. Shc will bc working at 0 lubor job. Shc wus 18 on July II. 1998. Wifc und Husbund uttcndcd u Domcstic Relutions Ollicc hcuring on Wcdnesduy. August 26. 1998. That hcaring was inconclusivc. Howcvcr. both purtics huvc incomc and cxpcnsc dutu and jobs that ore clearly delincd and uvailublc. Thc cxumincr mudc 0 dclcmlinution os to thc amount of support that husband should pay to Wifc and puy for the onc child. Thcre is sufficicnt data for thc Mastcr to make a dccision. As pointed out in thc prior Memorandum. the Wifc was dcprivcd of any opportunity to improve in her learning or training. Shc was thc primary caretukcr of the childrcn. Husband objected to Wife working or schooling to gain expericnces that would have advanced hcr carning capability. In the mcantimc. Husband's cmploycr MaslandlLcar hus sent him ovcr the ycars to various courscs for computer training and manugcment training. WIFE'S EMPLOYMENT. EtTectivc August 31. 1998. Wife will be cmployed at PHICO as an Administrativc Processor at a salary of$17.500.00 pcr year. Payments will bc made semi-monthly in the amount of$729.17. Bi-wcekly the amount is $673.08. With cstimatcd 22% withholding. deductions would amount to $168.27. with a nct income estimatcd at $504.81. MEDICAL. Wifc will rcccived medical bcncfits at PI-IICO, partially paid for by employcr. The balance of the cost to the Wife will dcpcnd on thc amount ofcovcrage. according to the following schedulc: LEVEL OF COVERAGE CUSTOM BLUE PPO WI EMPLOYEE ONLY VISION COVERAGE $16.00 $31.00 CUSTOM BLUE PPO WI FAMILY VISION COVERAGE $18.00 $33.00 Single Two-Person (Wife & One Child) Wife requests that Mastcr find Husband bc obligatcd undcr his cxisting covcrage to cover the remaining Daughter, since that will not be any cost to him. Wife requests the Master to find Husband obligatcd to pay the additional $16.00 per pay for vision covemge for Wife through PHI CO. In addition, Wife desires that an Alimony Order provide that the parties pay unreimbursed medical expenses in the proportion of eighty percent Husband and twenty percent Wife, in accordance with the Domestic Relations Order of September 19.1997. LIFE INSURANCE POLICIES. This is a responsibility of the Husband and should be presented at the hearing. PERSONAL PROPERTY. Husband and Wife have submitted personal property lists. Wife accepts the list of Husband, as modified as follows: Husband: 93 Chev '!. ton pick up tTllck, extended cab $15,000 Clear of debt 93 Chev Corsica $ 7,000 Debt $1,600 Equity $5,400 Wife: PERSONAL PROPERTY (Items on Husband's List as Exhibit c) Rocker Knick Knacks Computer/Printer Bell & Howell TV $ 30.00 $ 50.00 $ 400.00 $ 105.00 ReA Camera $ 150.00 Washer & Dryer $ 200.00 Snow Blower $ 550.00 Log Splitter $ 75.00 Sub-Total $1.560.00 Additional Items Satellite Dish $1,500.00 Trailer $1,000.00 Log Splitter $ 75.00 Sub-Total $2,575.00 HUSBAND'S INVENTORY May 7,1998 Exhibit C Additional Items $5,797.00 $2.575.00 Total Value $8,372.00 Minus Wife's Share -$1,560.00 Husband's Share $6.812.00 MARITAL MISCONDUCT. On the last page of the Memorandum of the Master of May 26, 1998, the parties agreed that neither party would ofTer testimony relating to marital misconduct. Now, at the eleventh hour, in fact one day prior to the August 28 hearing. Husband comes forward to ofTer testimony of cohabitation. The Master should limit the testimony only to the period since the last hearing that relates to cohabitation. It is submitted that the subject of cohabitation is governed by Section 3706. "No Petitioner is entitled to receive an award of alimony with the Petitioner, subseQuent to the divorce pursuant to which alimony is being sought. has entered into cohabitation..." If the ruling of the Master is that evidence of the cohabitation can be presented at the time alimony is detennined. then we will proceed with the hearing on that basis and ore prepared to go to hearing tomorrow. PENSION. Wife is asking for 0 sixty-five percent/thirty-five percent division of equity in marital property, including in the pension benefits of the husband. CONCLUSION. Wife does not wont 0 continuance. Shc is preparcd to go forward with the hearing tomorrow. The fact of the sole ofpropcrty should not prevcnt the Moster's final decision. The Master con incorporate in his Order the arrangement for sole of the property by the parties. This is done with pension matters also. In addition, since the ossets in the estate of Hockenberry ore not liquidated. Wife will present testimony that the property is in 0 poor and rundown condition; that the property cannot be rented and is in no condition for sole; that there is no equity in the estate for payment of current bills; that she is paying funds out of her own pocket to pay taxes and maintain the repair of the premises; and that she receives no financial benefit from the premises. except 0 place to live on one of the dwellings on the premises. All of this is in the event that the Moster will consider the non-marital excluded property in terms of on asset from which she con dcrive some financial benefit. She has no financial benefit; in fact, she has 0 liability August 27. 1998 BROUJOS & GILROY, P.C. 4. North Hanover Street Carlisle. PA 17013 717-243-4574 ~GJD 2436511l Fl.DolER H:NGEIffilAL FL PAGE Ilt roa DAm 0' 0"''" Arn. U'~II'II CMIq:HIII .. A lPOUI"L 0 POVIaTT CII''''' '" eLl".'" PlU HUMIIlI I III $ 143.957.09 INHERITANCE TAX RETURN RESIDENT DECEDENT (TO BE FILED IN DUPLICATE WITH REGISTER OF W!LLS) .. .' 21097-1026 eOUNIY COO! . yr.... 50 Lonesome ROAd Newville, PA 17241 c NItl:NI4'UCIMP ~ CJ ~ JloMo!I......""'" . ,.,..... 01..... ,not.. 12.13..1:: CJ 5. ,......, f_ T.. ...... ..,.;,." J!. I, ,..01 N...... 01 ,... Dop... ..... gig il CJ 2. s.pp1._ ...... CJ .., &:1~.r'=="\.12-l21 CJ 7. ~ ,",1oI~:=,.lirioi ,- I'IDIHTIAL fAX.ItIfOIlMATIOH NJlIacrm TO. ;\_\~:I:~.\J..'''\'.r.' Jr. Es ul Flower, MorgenthA1, F10wor , LlndBII\' 11 East lIigh Street, Carlisle, l'A 17J: I ClI $ 139.000.00 C?oJ t''J' CA, 151 4,857.09 lSd-IuIo PI (61 01 (WlooIo1o II I 7 I ~ lIott I," ........_ Coott, Mlocolle.....' 191 HI' ~ 11...($",-".1.') (IOJ " 10.830.10 3,064.10 (111 ' '\ AIl4 ,n 112) 129.962.89 1121 0 IUI 129.962.89 IU) 0 x.__ 0 (16/ 64.981.45 . .~. 3 AllR.Rll (17) 64.981. 44 ",11 . 9,747.22 ~ till 13.646.11 I DiKOfl'" 1_... 11'1' 13 .1'S"T. 88 S l20I 0 1211 (21041 12111 __An ." n .ttAA ?~ Ihoo u.. 19.._.... .r.._.. U.. 21. IN.".... ,All; OU.. .. ,h. 1001_ doe .. Uno 21A. .01 "'Uno 2\ ....'21A...Uno 211. W. II.... ULIINCI DU', ......... ... ......., of WIle. "_ nUll TO AtlSWIa'AU. ouunotlS ON AWIIII S1Df AND 10 AECHECK MAtH. . .... .... ..omIoct INt F'etWM, Iftdudifta ~~,p.a . ....IMftt.. 0 to of "'" aow:tedg. and t.li.f. ..... .1 n.1 ."afe hen IMeft reported" crt IIwllu.\"' w, ON.fatIOl' .. pr..... ..h., " 1M ,."...1 ,.,rIIfIIII8I..... I. f...hoea"'a . 50 Lonesome Road .-.. 11 East: igh Street PAil ..,r iJ -1 J- 5'" - 'f~}' . tlUM II I . JOliN H. BROU/OS HUBERT X. CILROY DROUJOS &: GILROY, I'.C. AtTORNEYS AT LAW 4 NORTII HANOVER STREIIT CARLISLE, PENNSYLVANIA 17013 SE'l''l'LEMEN'l' S'l'Afi:MEN'l' Cindy Ho~.try vs. Sigel Settlement .- . ' Attorneys fees - BROUJOS & GILROY, P.C. (1/3 of recovery exceeding $12,000) Costs advanced - BROUJOS & GILROY, P.C. Nationwide Insurance Belvedere Medical Corporation Alan J. Mira, M.D. .. Proceeds from settlement CO\?y. 717.243-4574 717-766-1690 PAllI 243.8227 . LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY-AT.LAW HAROLD S, IRWIN, III H.TNER HOUSE, SUITES 201 .nd 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 www,cenpenn,comhrwin/ e.meil: irwinlaW@epix,net 717.243.6000 PHONE 717.243-9200 FACSIMilE JOHN J. BARANSKI HEATHER A, BARBOUR GAY L,IRWIN PARALEGALS August27,1998 E ROBERT ELICKER Ese DIVORCE MASTERS OFFICE 9 N HANOVER ST CARLISLE PA 17013 RE: HOLTRY V. HOLTRY NO. 96 .449 CIVil TERM Dear Mr. Elicker: This letter follows our phone conversation with Mr. Broujos this morning. It is intended to provide you with a summary of the reasons I feel that a continuance of the Master's conference is not only warranted, but is mandated by the present circumstances, identified as follows: Real Estate: First, the first Master's conference was continued back in May due to the fact that there were too many outstanding unresolved issues. As you implied then and in our phone call this morning, it is an unnecessary waste of your time and that of the parties and counsel, not to mention an unreasonable expenditure of the parties funds, to have a hearing with so many vital issues unresolved, only to have to come back for additional hearings later. The parties agreed on a realtor and the home was listed very soon after the last conference. Although several potential buyers have looked at the home, some as recently as yesterday, the Holtrys have not received an offer on the home as yet. Perhaps at some point we may have to proceed without having the home sold. for instance, if the house does not sell within a reasonable time from now. However, when the parties have agreed to payoff marital debt and closing costs out of the proceeds of the sale, additional time is warranted to allow for a sale so that the final amount of proceeds for distribution can be determined prior to making your decision as to the proper allocation of net proceeds, Marital Debt: Although I was obviously aware that you had scheduled this hearing date in August, knowing that it was continued specifically due in part to the issue of the sale of LAW OFFICES OF HAROLD S. IRWIN, III HOLTRY Au,u.' :n, 1... ,.,. Two the home, I assumed that if there was not time to find a buyer that quickly, that another continuance would be ordered. This may be why I have received nothing from Mr. Broujos regarding his calculations as to marital debt as of the date of separation. Mr. Holtry has not obtained verification of the debt on his vehicle, the mortgage or other debt as of that that date either. Again, these matters are crucial to your determination in this case. Support and Alimonv: The parties had a support conference yesterday that resolved the issue of support for their remaining minor child, adjusted for the fact that their oldest is now emancipated. However, Mr. Holtry continues to have serious questions about his liability for spousal support or alimony. Mr. Broujos continues to assert that objection to spousal support and alimony have been waived by Mr. Holtry since he has been paying it. However, he is forgetting that he had not filed a claim for alimony until as late as the end of May, 1998. We specifically agreed not to object to his later filing of an amended complaint in May in order to include, finally, an alimony claim. However, we did so only on the condition that there would be a hearing on marital misconduct and alimony at a later date. At the conference in May, we may have waived presenting evidence of marital misconduct. However, I believe that the issue of cohabitation is always addressable as circumstances may change or a pattern of conduct that may not rise to the level of cohabitation at one time may later reach that point. In any event, the issue of liability for spousal support has been sent up to Court by the DRO and will be heard eventually. The Court's findings on these issues will directly affect the Master's approach to this case. Again, a hearing in your office while that is pending would be premature. Likewise, realizing that this matter is yet to be determined, in an order to gain more information relevant to these issues, we sent to Mr. Broujos yesterday written interrogatories. These interrogatories included specific questions related to cohabitation, as well as financial and asset information since so little has been forthcoming from the plaintiff in advance of having to be prepared for a hearing. Again, had we realized that a hearing would be held prior to the sale of the home, this discovery process could have been done sooner. However, it was my distinct impression from your report in May that a final hearing and resolution of this case depended greatly on the outcome of the sale of the home. Medical Insurance Information: I do know now - thanks to the support conference - that eventually Mrs. Holtry will be able to obtain medical insurance through her new employer. However, although Mrs. Holtry was directed to obtain this information, we have no information about its costs, etc. LAW OFFICES OF HAROLD S. IRWIN, III HOLTRY Augu.' 27, 1... '.g. Thr.. Wife's Personallniurv Proceeds: Mr. Broujos was to provide verification of the amount of personal injury proceeds (a marital asset) obtained by Wife. We have received no information as to this asset. Estate Settlement: Other Personal Propertv: Wife is to receive a sizable portion of an estate in the near future, but the estate has not been settled to date. Your May report indicates a nep.d for a variety of information as to this estate. We have received nothing from the plaintiff as to this asset. Allhough it is not a marital asset, the Master is aware that the nature of this inheritance and how it affects the plaintiffs overall financial condition is a significant factor to be considered in the division of marital assets. At the last conference, Mr. Broujos indicated that the plaintiff was seeking her own appraisals for the personal property. He stated this morning that that is now being waived. However, again, we have been unable to properly prepare our position for this hearing while we awaited the resolution of these property values. Summary and Conclusion: First, I am most concerned about all of the unknowns with regard to the sale of the real estate and distribution of the Hockenberry estate and their affect on the overall outcome of this case. Secondly, the issue of liability for spousal support at this point, or alimony later, is to be under consideration by the Court in an upcoming hearing. I also now have outstanding interrogatories related to this issue. Thirdly, I am concerned about various other information we have not been given. I have tried - unsuccessfully - for months to have information turned over to us or to attempt to enter into meaningful negotiations; however, I never seem to get any response until the week a hearing is scheduled. Apparently Mr. Broujos feels that SOI1'S of this information is either unimportant or can be provided at the hearing. I feel, however, that it is all not only important, but that it is quite prejudicial to my client not to have the benefit of it well in advance of the hearing in order for us to properly prepare our position for the hearing. Finally, I am hard pressed to see how a delay in this hearing adversely affects the plaintiff. The most significant assets - the house and the pension - are protected. Allhough she does not have the benefit of her share of these assets in hand, the pension will most likely be in a ODRO and she does have a place to live at practically HOLTRY Aug.o' 27,1'" '.go 'our LAW OFFICES OF HAROLD S. IRWIN, III no cost - if any - to her. She has been receiving spousal support up to now and any continuing right to receive it will be determined in the near future by the Court. Holding the hearing now, however, will prejudice my client for the reasons stated and will cost the additional time, expense and inconvenience of the additional hearings that will have to be held after presently unresolved issues are taken care of. Accordingly, I continue to request that this matter be continued, pending the sale of the home, settlement of the Hockenberry estate and the receipt of other requested information. Thank you for your consideration of this matter. Ul . ..;..; ~ ::::: ... 1>l;2: - ...:1;2: ...... ~ P<1>l I>l 0 ~~ - p.. E-< 1>lE-< ~~ ;2: o '~...:I 0;2: ~~ ~;"A:H ;2:~ III I:~ "'8 E-<...:I :> I>l ~~ l'.l Ills:! ~~ 0;2: HU . It ...... " U::JIUl>: .... ;....., Cljt :J::1Il o 0 ..... I>:l: ..; ~~ I<. U;2: "':> ;....... E-<'" UlE-< o C! ":'. - Ul ~ QII: liill! '" .. 0 O<l'H 1>:..., ...:1'0 E-< t::~ OH <1'0 E-<l: o l: ~ ~~ ~Ill E-<;2:E-< ...:I..... :>::Cll ;2:...:1 ..;..; O<e .... l>: A:u I ;2: 0'" .... lq!!2 ::J...:I"; H :>::ri . . Cll OH Cl::: Ol>: \0 P< > ";0 ;2:1>: ~ UI>l...:l '" . 1>lE-< ~ ~ l!lH I>l ;.. 1<.1 I>l~:> . gj filfil :>::::JH 0 ;.. 01>: E-<UU ;2: 0 I<. P< ;2: I<. I;Z:~ ':"! el . . .f.. f .' .1/6 . ..-._....__:. 1.11, . ~ " '.. , (J J.J.'J8 HAROLD I. IRWIN, III, !lQUIRE ATTORNIY ID NO. nno :II 10UTH PITT ITREIT CARLIILE 'A 1701:1 17171 2a.I..0 ATTORNIY 'OR DE'ENDANT CINDY E. HOLTRY, Plalntl" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW v. JEFFREY A. HOLTRY, Defendant : NO. 98 - 449 CIVIL TERM : IN DIVORCE DEFENDANT'S AMENDED PRE-TRIAL BTA TEMENT NOW comes the defendant, by his attorney, Harold S. Irwin, III, Esquire, and presents this pre-trial statement, representing as follows: 1. ASSETS: Defendant believes and therefor avers that the assets of the parties are as attached on Exhibit" A", the contents of which are incorporated herein by reference. 2. EXPERT WITNESS: The parties have stipulated that the equity in the marital home is $64,000.00. Defendant anticipates that the parties will be able to stipulate as to the value of other assets as represented in various appraisals and bank statements attached hereto. 3. OTHER WITNESSES: The defendant may wish to call witnesses on the issue of liability for alimony and the extra-marital relationship of plaintiff as it relates to this action. Those witnesses will be disclosed prior to a separate hearing to be set on this issue. Defendant therefor reserves the right to provide a list of prospective witnesses, other than himself, at such time as the matter is ready to proceed on the issue of alimony and/or marital misconduct. 4' f . 4. EXHIBITS: The appraisals, bank statements and other documentation attached hereto will be offered as evidence by the defendant (See Exhibit "B" - Personal Property Appraisal by Frank Potteiger; Exhibit "C" - Truck Appraisal by Rufe Chevrolet; Exhibit "0" - Camper Appraisal by Martin Camper Sales; Exhibit "E" - Mellon Bank Checking Account Statement; Exhibit "F" - Mellon Bank Savings Account Statement). Defendant will provide copies of the parties 1996 and 1997 income tax returns at the time of the hearing. Defendant notes that plaintiff has not provided any appraisals for the personal property in her possession, nor any bank statements for her bank accounts. 5. GROSS INCOME: Defendant is employed by Masland Industries and his income will be verified at the hearing by his most recent pay stub, which includes year to date figures, as well as income tax returns. Plaintiff was previously employed at the Valley Motel, but terminated her employment voluntarily on November 1, 1995. Plaintiff has been most recently self-employed in more than one capacity, but defendant does not know the amount of her current income. Defendant will assert that plaintiff has significant earning capacity above what she currently receives in actual income. Defendant will supply a copy of the 1996 and 1997 income tax returns, if relevant. 6. EXPENSES: Defendant will provide the Master and the plaintiff with an itemized expense statement at the alimony portion of the hearing in this matter. At this time, defendant intends to assert that plaintiff that because she has a greater earning capacity than that which she currently takes advantage of, the fact that she will be receiving a substantial lump sum equitable distribution of marital assets, her receipt of settlement proceeds from a personal injury action and her recent, substantial inheritance from the estate of Glenn Hockenberry (one-half of an estimated gross estate value of $210,000.00 - see will and petition for probate attached hereto as Exhibit "G"), her claims for alimony pendente lite, interim counsel fees, costs, expenses ^ " . . and attorney fees are unwarranted. Defendant will also request that all expenses for appraisals be equally divided between the parties. 7. PENSION: Defendant has pension or retirement benefits through his employment. A copy of the evaluation is attached (Exhibit "H"). Note that only 19 years of the defendant's pension were accrued during the marriage of the parties. 8. COUNSEL FEES: Plaintiff has requested, among other things, an award of counsel fees. At this time, defendant intends to assert that plaintiff that because she has a greater earning capacity than that which she currently takes advantage of, the fact that she will be receiving a substantial lump sum equitable distribution of marital assets, her receipt of settlement proceeds from a personal injury action and her recent, substantial inheritance from the estate of Glenn Hockenberry, (one-half of an estimated gross estate value of $210,000.00), plaintiffs claims for alimony pendente lite, interim counsel fees, costs, expenses and attorney fees are unwarranted. 9. DISPUTED PERSONAL PROPERTY: Defendant is unaware of any dispute as to any items of personal property. 10. MARITAL DEBTS: The parties' marital debts are as attached on Exhibit "I", the contents of which are incorporated herein by reference. Attached are statements verifying debt of which defendant has knowledge (Exhibit "J" - LSI Financial Group - Satellite Dish; Exhibit "K' - Current credit report reflecting JC Penney balance, Capital One balance, adverse credit reports as to plaintiffs Montgomery Ward account and Bon Ton account and defendant's "PAID AS AGREED - NEVER LATE" credit standing with York Federal, Corestates, LSI Financial, GMAC and others). . ' / , o . . 11. PROPOSED RESOLUTION: A. Assets - Defendant proposes that all assets be divided on an equal basis. He proposes to list the home for sale and split the net proceeds SO/50 after the payoff of the parties liens and all costs of sale. Defendant proposes that all household and personal items be divided between the parties on an equal basis (per the attached appraisal by Frank Potteiger) and that any items not retained by the parties be sold and the proceeds divided equally. (Note that plaintiff has not provided any appraisal for the personal property in her possession.) Defendant proposes that the parties enter into a CORO based on a SO/50 division of the pension benefits which have accrued during the 19 year marital period. Defendant proposes that each party retain the life insurance policies insuring them, each irrevocably naming their children as the beneficiaries of the policies. Statements of the cash value of each policy are attached hereto at Exhibit "L". B. Debts - Defendant will continue to pay the parties' mortgage until the home is sold. The satellite system account should be paid off out of the proceeds from the sale of the home. Each party should retain responsibility for their own respective vehicle loans. All credit card debt should be paid by plaintiff since these accounts were taken out unnecessarily by her and used solely by her without defendant's permission and against his explicit request. The expenses of all appraisals should be shared equally and each party should be responsible for all other of their own expenses, costs and attorney fees. I J /.. ./ (J .' May 22, 1998 HAROLD S. IRWIN, III Attorney for defenda . ,"-.,AJ'~ '. 4 . . , EXHIBIT ..A.. . . INVENTORY OF MARITAL PROPERTY NO. DESCRIPTION OWNERS VALUE 1 Marital Home - EQuity On Iv Joint 64.000.00 2 1993 Chevrolet Truck Joint 12.887.50 3 1993 Chevrolet Corsica Joint 10,000.00 4 1980 Sunline Camper Husband 1.000.00 5 1984 BoaUMlrlTrailer Husband 875.00 6 Utilitv Trailer Husband 150.00 7 Mellon Bank Checkinc Account Husband 1,550.50 8 Mellon Bank SavinQs Account Husband 3,048.49 9 Farmers Trust Checkino Acct. Wife 25.00 10 RCA Satellite Svstem Joint 750.00 11 Tools and EQuipment Joint 1 657.00 12 Comouter Joint 400.00 13 TV'sNCR Joint 175.00 14 WasherlDrver Joint 200.00 15 Freezer Joint 30.00 16 Refrioerator IGaraQe) Joint 25.00 17 Other Furniture & Sm. Appl. Joint 555.00 18 Guns/HuntinQ Equipment Joint 1.915.00 19 RCA Camcorder Joint 150.00 20 Miscellaneous Joint 220.00 21 Retirement Fund Husband 93 356.00 22 1996 Income Tax Refund Joint 3,534.00 23 1997 Income Tax Refund Joint 1,767.00 24 Personallniurv Action Wife 15,000.00 25 Pers. Prop. In poss. Of Wife Joint ?? TOTAL 213,270.49 -",..~\ '." .. '.. ".'. '.'.. ~ Cl . , On attached Exhibit "B", notations in margin refer to the following legend: X Listed separately on Exhibit "A" F/A Combined and listed as Other Furniture and Sm. Appl. on Exhibit "A" H/F Combined and listed as Guns and Hunting Equipment on Exhibit "A" T/E Combined and listed as Tools and Equipment on Exhibit "A" MISC Combined and listed as Miscellaneous on Exhibit "A" EXHIBIT "B" , ' r c\ s \"" .\. rc>t..\:..cJ'\.. H IF d.l!.RJ\ ~6. 1~/f dW'l hlYf':' fAISc...k(\,<...'u\~D ;< \>x....L \ , '\~u'" I.' t -\-v y.. vI!... R . ~ I k ~v 5.\-0." ~ ~ ~()(..... flv \.02.'1_ ~II< (."t1'I (W4'\. ~ic:. i ;.. R Co A. 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S!" ~ 6' t:? c 2.!!- ,- ., ~, ~ EXHIBIT ..e.. ~, . . , . __,.~tLJ_~_ ~.tjJ L RUFE CHEVROLET, Inc. '. Gee I 1601 Riln.' Hwy. CARLISLE, PA 17013 Telephone 243.5021 /JI"~~ ""? 1";1' -r:: tt//Lt',,,l ~L -/2 rl'4.,,:/ ~, E" Lt' t...tU-~ ~..vA- r'--'--,c.- ~/ 7" ~..,{.,~ .e",".,,~l .P~ a-< ~"T.:d-<- .,L."bJ. /JlaAd-,/99F )-t; . a<.&<~ .~J<, LJ-. t'-~ ""p".cz,{.. /993 {'//u,{.J.-u-b-'- .16 SZJoA~~~ ~.J7 /1 75"0 <J~ , l-A' a"~ ~ ~ "I.-d- ..I /J. O.;J.$'.()D !<ljQO .f~ J<:l 'T; Pl ~.J ~ /.Jv'L~~ ''7 'fP'tf C .ctf ,/ (L v<1- /1/ ULj;C/l . .....IiiilR'nwt ~ IEFF A. LONG SolIL"M.tn.agc, .- Run CtlE\" ~c. UJlU p. v..y CIIIII ,Ill 8u', MKlM 17'7) 24).SlJl Bu\. Phone t7'71697.2)' . . EXHIBIT "D" MARTIN CAMPER SALES 71 7nOO-5569 - 6785 Carhslo P,ko MECHANICSDURG, PENNSYLVANIA 17055 ._.J. In lhle c;ulllrncllho word a, I, mv, Dnd mv .olor tu the BuV.' end Co-Buy.r .Ignlng thl. contr.et. The word. WIU' end ~.ojU ,.f.r to the D..le,. Sub nct 10 Iho II'''"S nnd condUI n. on both ald.. 0' thl.. '..ment au _g,.. 10 ..11 and I. f.. 10 pu,ch... tho 'ollowlng d..crlbed unit UUt(Hf~' ADVUCSS SAU SI'fIlSON TRM)HN nwr ro BE PAID BY n YOU n ME NOTE: WARRANTY AND exCLUSIONS AND UIIITATIONS OF DAIlAGES OHTHE REVERSE SIDE. YOU AND I CERnFY lItAT litE ADDIT10NAL TERMS AND CONllITlOHS PRINTED ON litE BACK OF THIS CONTRACT ARE ADREED TO AS PART OF litIS AGREEUENT. litE SAllE AS IF PRINTED ABOVE THE SIGNATURE. I AM PURCHASING litE AIl0VE DESCRIBED UNIT: litE 0PT10HAI. EQUIPMENT AND ACCESSORIES; lItAT MY TRADE4N IS FREE FIIOM AlL CLAIMS WHATSOEVER. EXCEPT AS NOTED. IT IS ALSO MUTUALLY UNDERSTOOD THAT THIS AGREEMENT IS SUBJECT TO NECESSARY COR. RECnOHS. AND ADJUSTUENTS CONCERNING CHANGES IN NET PAYOF!' ON TIWlE4N, TQ BE UADE AT THE nUE OF SETTlEMENT. THIS AGREEUENT CONTAlHS litE ENTUIE UNOERSTANllINQ BETWEEN .,OU AND ME AND NO OntER REPRESEHTATlOH OR INDUCEMENT, \'ERDALOR WRITrEN. HAS BEEN M'DE MitcH lS NOT WRtTTEN HERE. 'HIS AGMUIOO ccwr_s M fNfjtiiWDi.s'~MrwfUf YOI./AND. AM)NOOnu IIlNfsuaArQI 011 ~N1. rPlAtCIIIIrMTlll HAlIWf MADlIntCHISIfOJ CQIIJAMDW na COMIUCJ. I. OR ~f. AC'HO""O"."ft ,'r 0!A.CQUllUltt.llftllmN/lUlfAU..OJlIl'f.J1AVUl(AQ.N/lUIM1UIUN1gJ/fUA~rJ1IUQBWIfHT, MARTIN CAMPER Sf,LES , _ . DiAUR "'''''''''~,'''''' ?~~---- ,,,..~, r,/P'/. PLAIN LANGUAGE PURCHASE AGREEMENT RES PHOI<I """" o NEW U/A<;!./S "'All' "l.IODfL SERIAl, NU"'BER ." ,~ "'.'.. TITLE APPLICATION INFORMATION "1"':, --"-'-.- ," 1'.'1.. !':!.'!" I~".II' ~ I......' , .~ lA, ",. '. , '. OPTIONAL EQUIPMENT LABOR AND ACCESSORIES S "" .- " ;.: '., (/ ..,. .j' . ,~ ,. , . ~ ...1 REMARKS: /JALANCE CIofIRIED TO OPTIONAL EOUIPMENT '. S .~, , ,.. I..."A.:.~':' "AIIl RI.tLNO tH ~ V"o"',.tI4'''<I>tt' . A.l.IVl.,''''u''w... lJ"...."'" ON. TAXABLE ITEMS VARIOUS FEES AND INSURANCE Ex lain SALES T AJ( (1/ Not Included Above) J Un lid Blllnce 01 Cllh Slle Price S WORKSHEET. THIS IS NOT PART OF YOUR CONTRACT. Al" AGURES ARE ESTIMATES. THEY DO NOT CONSmUTE AI AGREEMENT FOR CREDIT. A.~U~~,cd , '/fl,.""_.on~. ,.3t::1 ~~? C? , '....>>'(Htf) OfLWEHY IJAr. w N'PROK BASE PRICE OF UNIT OPTlONAI_ eOUIPMENT SUlI-rorAL SALES T AJ( 1/ Slalu Ro u/loll 1. CASH PURCHASE PRICE Trade-In AJlowanco S Lltss Bal DcJe on Above S NET ALLOWANCE S Cash Down Pa ment S CASH AS AGREfD IU IIIIMNS S 2. LESS TOTAL CREDITS SUB.TorAL Oed/rUe '..osINol lJceflle'W's "fIe'f"'~__ . . - R'l1'sttilliOfl'US. "01M} . B. UNPAID BALANCE......OUNT fiNANCED 'he ~ cl c;~, ~1(J~'O)'o.l on rOut &IeNl/. ANNUAL PERCENTAGE RATI_ . _ _ _" 'he COlI 01 rout (;Ie<N.1I. rutty tit. C. fiNANCE CHARO! It.. fJO/l.,.mouIli'IfleCINI "'''COIl fOol D. TOTALO'PAVUEHTI Itlff .rmutll ~ ,.011 ~wlt Ih1'd ~hPn you Mw-e ,""de"s~p.,mt'fIts ju.e} E. TOTALSALIPfUCf, 1M IUfM un' 01 rOtJ/ ptPCIl.Ut" on "wI, .new. /l1fJ yout' down p.I,m.nI 01 S "..... CI P.,~III. tnOTllhJr~t"lImufl"uJS arnI{..tlrn.ll"'sI~clS SIG~H}X Si(if.fUt ORIGINAL " ouo.ue Ie If HE ADINO GIJOs:.i ~CHICI.l wr, . . -'. . . - ','. :', '1,~~.;.;:~'~i7 " s s S S . ,.,' . . , 8oK" (JUtEIi ~ DurEll , . . EXHIBIT "EII e@ Mellon Danl( PERSONAL BANKING STATEMENT . . .._~ DIRECT ItIQUIRIES TO. MEllOIl BAtiK riA COMMONl~EAL TIl REOIOIl I~EST ORAtIOE STREET 153 I~ ORAIlOE ST SHIPPEIlSBURO PA 17Z57-17~: 717-530-0B03 1,"111",111""1.11,.11,1"1,1,1"",111,,,11,1,,1,1.,,1,1,1 JErFREY ^ 1I0L 1 RY 165 FRYTOHtl RO CARLISLE PA 17013-8917 02196 0~~2 '012-259-9688 PAGE I OF 5 STATEMEIlT FROM OZ/26/97THRU05/2~1~ WHEN YOU DEPOSIT CHECKlSJ'AND WANT CASH BACK, WE MAY WITHHOLD THE AVAILABILITY OF A CORRESPONDING AMOUNT OF FUNDS THAT ARE ALREADY IN YOUR ACOUNT. THE FUNDS JUST DEPOSITED MAY NOT BE AVAILABLE FOR IMMEDIATE WITHDRAIIAL. SEE YOUR FUNDS AVAILABILITY POLICY FOR DETAILS. RELATIONSHIP SUMMARY DEPOSIT AC[CUns PERSONAL CIIECKJNG TOTAL BA~~~E 1.S . 0 1,550.50 LOAN ACCOlIUS PERSONAL CHECKING ACCOUNT 412-239-9688 ,.--.-. .__........ 0_- 1~~COu..'!!... SU!IMARY . ;". . .. OPENING BALANCE AS OF 02/26/.7 TOTAL OEPOSITS ANO OiliER AOOITIOIlS INcLUOING INTEREST CREOITEO TillS PERIOO LQrAL CHECKS AND oruER HITHORAHALS INCLUOING FEES ANO CHARGES THIS PERIOO CLOSING BALANCE AS OF 03/24/.7 AVERAGE ACCOUNr DALANCE 2,365.54 ~~ctiUNr-ACTjViTY ,.,.4., ---.--- '. . ~-- DATE POSTED DESCRIPTION 02/26/97 OPENING DALANCE OEPOSITS AND OTIIER AbDITlf>>1S CI/ECKS AND OTIIER HITHDRAHALS 021271.7 02126 IIELLlItl AT" HITI/ORANAL 100BSOB LARLI~LE SIIARDlI CARL1~LE rA 100.00 03/03/.7 CHECK I 4349. . . . , , , , 120.26 03/05197 OEPOSIT REF 1000000046.Z400Z CIIECK . 43n. , , , CHECK . 434B. , . . . I . I 1,374.40 . . . . 269,n 10.15 03/061'7 03/05 IIELLotl ATH HITIIDRAHAL 1009454 CARLISLE cHARlItl CARLISLE PA tllECK . 1t3 "" .. .. CI/ECK . 4. .,3. . . . . . . . '" . '0 100.00 26,...7 46.00 OUTSTANOlt-i 2.5'7.1' fl,374." -2.421.11 1,550.5 OAIl _ULAN( , 2,5'7.8. 2,1\97.0; 2,369.51 3,46J.'j - EXHIBIT "F.. ~ Mellon Bank Savings Statement DIRECT INQUIRIES TO, MELLON BANK NA COMMOtlHEAL TIt REOION 153 H ORAtIOE ST SHIPPENSBURO PA 17257-1742 717-530-8803 1...111...111...11.11..11.1..1.1.1...11111...1..11.1 JEFFREY A HOLTRY 165 FRYTO~m RD CARLISLE PA 17013-8917 0256',0 04'.2 . 00420-408088 PAOE 1 STATEMENT FROM 03~01~97 TO 05(31'97 . OPEN A MELLON CHECKING ACCOUNT NOW AND GET NO SERVICE CHARGE FOR 6 MONTHS, FREE TELEPHONE BILL-PAVING FOR 6 MONTHS, PLUS A FREE FIRST ORDER OF CHECKS. TO SIGN UP CALL 1 800 MELLON-24. STATEMENT SAVINGS ACCOUNT 00420-408088 IACC~.lJt~_T:._ sU.~~~Ri~:=~~-.~~~~=~=-'-::=-,,---=_-:~~=-~_==:: :=--==~=:::-~:~==_---==.-=--~_ OPENING BALANCE AS OF 03/01/'7 TOTAL DEPOSITS AND OTIIER ADDITIONS INCLUDING INTEREST CREDITED TltIS PERIOD TOTAL IlITIIORAHALS TIllS PERIOD INCLUDING AHV APPLICABLE FEES CLOSING BALANCE AS OF 05/31/.7 ; ',: J . .... ..' 3.04B.4' +14,63 . .-.00 3,063.12 AVERAGE ACCOUNT BALANCE FOR TIlE STATEttENT PERIOO INTEREST CREDITED FOR TIlE STATEHENT PERIOD INTEREST CREDITED YEAR TO DATE 3.05B,IB 14.63 23..B DATE OF LAST TRANSACTION 05/30197 TillS STATEHENT REFLECTS ALL ACTIVITY FRDH 03/01197 TIIROUGH 05/31/.7. YOUR AtflUAL PERCENTAGE YIELD EARNED. FOR TIllS PERIOD IS 1,91%. I .. ..... .......--..------------------------.-----. ..-, ACCl!~~!_.~CT_Iy.~!:':__ .__ ..._.._.________.__________._____________:.-__ __:"'_;.._J DEPOSITS DATE AlIO OTlIER DAllY POSTED DESCRIPTION ADDITIONS HITtIDAAHA.LS RAlANCI!. 05/01197 ""ENING BAlA/lCE 5,048,1\9 05/31197 INTEREST CREDIT 4.'2 3,053.41 0'0/30191 INTEREST CREDIT 4.77 3.05B.IB OS/S!I9? INTEREST CREDIT 4..4 ],063.12 0&/31191 CLOSING BALA/lCE J ,063.12 . YOUR HllHTIIL Y SERVICE CIIARGE liAS BEEN HAlVED BECAUSE YI ACCDUllT BALANCE REQUIREMENT, . TIlE THIS STATE- R SERVICE. IF YOU HAVE QUESTIONS ABOUT THE INFORMATION CONTAIN; MENT, PLEASE CALL THE HELLOHDIRECT 24 CENTER FDR CU THE NUMBERS TO CALL ARE 1 800 222-9034 OR 222-9034. EXHIBIT ..G.. - - -.. . . , . 3liClst lIill Club WestCltUeul OF NORMAN J. HOCKENBERRY I, NORMAN J. HOCKENBERRY, of 50 Lonesome Road, Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all former Wills, Codicils, or writings in the . nature thereof, by me at any time heretofore made. FIRST: I hereby order and direct my Executor, hereinafter named, to pay all my just debts, funeral expenses, testamentary expenses and all Inheritance, Estate, Transfer and Succession Taxes, as soon as may be conveniently done after my death, out of my residuary estate. SECOND: I give one. half of my estate to my son, THOMAS DEAN HOCKENBERRY, per stirpes. THIRD: I give one.half of my estate to my friend, CINDY HOLTRY, per stirpes. LASTLY: I nominate, constitute and appoint my friend, CINDY HOLTRY, . to be the Executrix of this my Last Will and Testament. In the event that she shall be unable to serve as Executrix for any reason, I appoint my son, THOMAS DEAN HOCKENBERRY, as Executor. No Executor shall be required to file bond in this or any other jurisdiction. ; I,'" .:1.:. ~ ''''4. ", . :~.}t-.: . . ...._.......~ . .......,.... PETITION FOR PROBATE and GRANT OF LETTERS Esla" 01 Norman J. also known as Ilockcnbcrrv No. To: Resister of Wills for the Deceased. County of ~lImhl"',...l:lnrl in the Social Sccurily No. 1 R 2 - 2 2 - (, R 1 'i Commonwealth of pennsylvania The petJtlo~of the undersigned respectfully represents that: Your petltloner(s), who Is/are 18 years of age or older an the CJlecu' .. i v in the last will of the above decedent, dated n,,"nhn.. n and codlcll(s) dated . named , J\lQ(, (stale n:lcvull cin:umsu.na:s. e.l. rananc:ladoo, death or executor, etc.) Dcccndent was domiciled at death inCum!>"..1 amI County, Pennsylvania, with h is laslramiJYOrprincl~residencco.t 50 Lon~snm~ T'?n;ln N~bn,i l1n 'D1\ '71.41 ~'I}f' 'i4......~"I. ~ . . (UsllllCC'l. awnber and muncipallty) Decendent, then 69 years of age, died Decem!>".. 1 n , I\lQ 7 , at Carlisle. CUl1lh~l.l ann rnllnf.y Pl'"'nnC:l,l ,,:tn ~~ . Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after CJlecutJon of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned propeny with estJmated values as follews: (If domiciled in PII.) All personal propeny (If not domiciled in Pa.) Personal propeny In pennsylvania (If not domiciled in Pa.) Personal propeny in County Value of real estate in P nos Ivanla " situated follows' ~ $0 / CJ . /) .!:lC ( WHEREFORE, petitJoncr(s) respectfully rcquest(s) the probate of the last will and codlcil(s) presented herewith and the grant of letters t,,!':t'''m''n...''..y (Icsumenwy: admlnbtnltloa C.I.L: admInIstnltlon d.b.a...La.) theron. Ii ~~J. H~1J~;QA'.Yj 1:3 ~n T.nnoanmo 1)"":'Ir1 _u Npwvil1p PA li?dl t~ I 0; ~ATH OF PERSONAL REPRESENTATIVE COMMONWEALm OF PENNSYLVANIA } ss COUNTY OF Cumburl;tnd The petJtJoncr(s) abo\'e.named ~wcar(s) or amnn(s) that the statemenU In the foregoing petition arc trUe and correct to the best of the knowledge and belief of petJtJoncr(s) and that as personal represen. tatlvc(s) of the above decede;'lt iletitioner(s) will well and uuty administer the estate according to law. ~wr~~ t~ t~ affinnc;j9!~d SUb~yb~d~ ~i\:(~~~ ~,t-:;I!~~:t1 i , 19 f:J ~ , :'..1 . ;If.l ~ Mar C. Le s Register . Q;{/- ~ /' . '~,:b . ..-...........- EXHIBIT ..H.. . . 'l\ PENSION APPRAISERS INC. P,O. Box 4396. Allentown, PA 18105-4396 1-800-447-0084 . Filx 610-770-9342 June 10, 1996 Harold S, Irwin, III, Esq, 36 South Pitt Street Carlisle, Pennsylvania 17013 RE: Present Value of Jeffrey A. Holtry's Defined Contribution Benefit File No. 06.96-38-11690B Dear Attomey Irwin, III: The Masland Associates Security Plan, of which Jeffrey A, Holtry Is a participant, is a Defined Contribution Plan, Under this type of plan, the employer and/or employee contributes a specific amount per year to the plan. However, the plan does not specify the amount of the benefit the employee will receive upon retirement. Individual record keeping accounts are maintained for each employees contributions and Investment gains or losses. The present value of a defined contribution plan would be the account balance as of any point In time reduced, if applicable, for a marital coverture fraction and for non-vesting. As of December 31, 1995 the value of Jeffrey A. Holtry's account balance In the Masland Associates Security Plan amounted to $128,874,86. Adjusting this amount for the marital coverture fraction and for non-vesting yields a Present Value for Equitable Distribution of $93,356,95. This determination was derived from the following information and facts: PENSION PLAN: Masland Associates Security Plan MARRIAGE DATE: June 19, 1977 ASSUMED DATE MARRIAGE ENDED: June 7,1996 DATE EMPLOYMENT STARTED: June 1,1970 (Assumed date pension holder began participation In the plan) June 10, 1996 Jeffrey A, Holtry - File # 06-96-38-11690B Page 2 ASSUMED ACCOUNT BALANCE: $128,874,86 ACCOUNT BALANCE DATE: December 31, 1995 REDUCTION FOR NON-VESTING: 1,0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 0.7244 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated In the plan during the marriage and the denominator Is the total period the pension holder participated in the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $ 128,874.86 Reduction for Non-Vesting: 1.0000 x Reduction for Marital Coverture: 0.7244 x VALUATION FOR EQUITABLE DISTRIBUTION: $ 93,356.95 EXHIBIT "1" .' MARITAL DEBTS NO. DESCRIPTION DATE CREDITOR PURPOSE DEBTOR BALANCE PAYME 1 Marital Home 1978 York Fed Mort a e Joint 15360.94 269. 2 Truck 1993 GMAC Vehicle Loan Joint 8 000.00 400. 3 Car 1994 GMAC Vehicle Loan Joint 9 000.00 265. 4 Satellite Dish 1995 LSI Fin Sat Dish Joint 1 272.11 33. 6 Credit Card ?? Fash Bu Clothin Wife ?? 7 Credit card 1995 Penne 's Misc. Wife 383.00 383. 8 Credit card 1995 Ca ital One Misc. Wife 2 501.00 74. 9 Credit Card 1995 Master Crd Misc. Wife ?? - EXHIBIT ...... . ~ TO avoid additional finance charges, par the new balance shown on th s statement in full by the due date. Payment Due Patel 3/30/97 3/14/97 Statement Date Page 1 141950101644 Information-- 1,286.14 .00 33.00- 18.97 1,272.11 .00 .00 .00 33.00 Payments - 3/14/97 1,903.00 .00 Account Number . . --Summary and Payment Previous Balance Loans and Debits Payments and Credits *** Finance Charge *** New Balance Past Due Payments Late Charge Due Miscellaneous Fees Due Minimum Payment Due - Including Past Due Closing Date Credit Line Amount Ava ilab1e Credi t LSI FINANCIAL GROUP POBOX 236~ HEHPHIS TN 1,1011I10.11I111110111011,1101.1.110,1011I10,1.11,101.1",1.11 JEFFREY HOLTRY CINPY E 1I0LTRY 165 FRYTOWN RD CARLISLE PA 17013-8917 D _II ell RETAIN THIS COpy FOR YOUR RECORDS . *--------------------ACTIVITy Posting Eff Description Date Date SINCE LAST STATEMENT--------------------* Nbr Amount 03-10 03-10 RG PMT-LOC LB04342 33.00- *---------------FINANCE CHARGE CALCULATION Periodic Nominal Annual Days Rate Percentage Rate INFORMATION----------------* Average Finance Balance Charge 30 1.500 18.0000 ** Annual Percentage Rate ** 1,265.09 17.9940 18.97 . .~c~ ....,~.._- ""-"'4 J : ~ EXHIBIT --Kit r . .' _..!.._.-- User NATIIANH Batch Untitled Time 08:53:15AM Holtry,Jeffrey A Spouse 165 Fry town Rd Carlisle, PA 17013 Former address SSNH 176-44-2423 Date April 08, 1998 CRgDIT PLUS SOLUTIONS GROUP 25 pgNN CRAFT AVgNUg CIIAMBgRSBURG, PA. 17201 717-264-7195 PAGg 1 OF 6 DATg THIS RgPORT PRINTgD: 04/08/1998 SOCIAL SgCURITY NUMBgR: 176-44-2423 BIRTH DATg: 11/1952 YOU HAVg BggN IN OUR FILgS SINCE: 06/1981 PHONE: 776-7507 CONSUMgR RgPORT FOR: HOLTRY, JEFFRgy A. 50 LONgSOMg RD., NgWVILLg PA. 17241 FORMER ADDRgSSgS RgPORTgD: . 165 POB 165, CARLISLg PA. 17013 9 RR 9 POB 314, CARLISLE PA. 17013 gMPLOYMgNT DATA RgPORTgD: C H MASLAND SON CARLISLg POSITION: MACHINgSUPV YOUR CRgDIT INFORMATION THg FOLLOWING ACCOUNTS CONTAIN INFORMATION WHICH SOME CRgDITORS MAY CONSIDER TO Bg ADVgRSg. THg ADVERSE INFORMATION IN THESE ACCOUNTS HAS BgEN PRINTED IN >BRACKETS< FOR YOUR CONVENIENCE, TO HELP YOU UNDERSTAND YOUR Rg~ORT. THEY ARE NOT BRACKgTgD THIS WAY FOR CREDITORS. (NOTg: THE ACCOUNTH MAY BE SCRAMBLED BY THg CRgDITOR FOR YOUR PROTECTION). DN1972007 JC pgNNEY H 850917188020 RgVOLVING ACCOUNT >PLACgD FOR COLLgCTION< VgRIF'D 03/1998 BALANCE: $383 JOINT ACCOUNT OPgNgD 12/1990 MOST OWED: $630 CLOSgD 11/1996 >PAST DUE: $383< >STATUS AS OF 11/1996: COLLECTION ACCOUNT< CONTACT SUBSCRIBER: JC pgNNEY PHH: (800) 527-4485 POBOX 12836 PITTSBURGH, PA 15241 RgPORT ON: HOLTRY, JEFFREY A. PAGE 2 OF ,6 SOCIAL SECURITY NUMBgR: 176-44-2423 ADVgRSE ACCOUNTS, CaNT. ACCOUNT.CLOSE~ BY CONSUMER VERIF'D 03/1998 BALANCE: $2501 OPENED 03/1995 MOST OWED: $2942 CLOSED 06/1996 >PAST DUE: $345< >STATUS AS OF 06/1996: 120 DAYS PAST DUE< >IN PRIOR 14 MONTHS FROM DATE CLOSED 1 TIME 120 OR MORE DAYS LATE< > MAXIMUM DELINQUENCY OF 120+ DAYS OCCURRED IN 06/1996< DZ587C001 THE BON-TON VERIF'D 05/1993 OPENED 05/1990 PAID OFF 12/1992 >STATUS AS OF 12/1992: 120 DAYS PAST DUE< >IN PRIOR 19 MONTHS FROM DATE PAID 5 TIMES 120 OR MORE DAYS,< > 2 TIMES 90 DAYS, 3 TIMES 60 DAYS, 3 TIMES 30 DAYS LATE< > MAXIMUM DELINQUENCY OF 120+ DAYS OCCURRED IN 09/1991< CONTACT SUBSCRIBER: CAPITAL ONE BANK 11013 W BROAD ST QF235050X M WARD/MWCC >SETTLED - LESS THAN VERIF'D 09/1997 OPENED 06/1992 CLOSED 09/1997 STATUS AS OF 09/1997: PAID AS AGREED >IN PRIOR 63 MONTHS FROM DATE CLOSED 6 TIMES > 8 TIMES 90 DAYS, 2 TIMES 60 DAYS, 1 TIME > MAXIMUM DELINQUENCY OF 120+ DAYS OCCURRED H 72125743056 FULL BAL< BALANCE: MOST OWED: $0 $940 CONTACT SUBSCRIBER: MONTGOMERY WARDS/MWCC POBOX 29110 H 56944929 BALANCE: MOST OWED: $0 $552 CONTACT SUBSCRIBER: THE BON-TON STORES P.O. BOX 2285 REPORT ON: HOLTRY, JEFFREY A. PAGE SOCIAL SECURITY NUMBER: 176-44-2423 CREO!'!' CARD JOINT ACCOUNT PAY TERMS: MINIMUM $74 PHH: GLEN, VA 23060 REVOLVING ACCOUNT PARTICIPANT ON ACCOUNT CREDIT LIMIT: $0 BRCSIF DL7212 120 OR MORE DAYS,< 30 DAYS LATE< IN 02/1997< . PHH: (913) 676-4000 MERRIAM, KS 66203 REVOLVING ACCOUNT PARTICIPANT ON ACCOUNT PHH: (410) 771-9889 YORK, PA 17405 3 OF 6 THE FOLLOWING ACCOUNTS ARE REPORTED WITH NO ADVERSE INFORMATION B03080006 YORK FED S&L H 100013994 VERIF'D 02/1998 BALANCE: $14344 OPENED 05/1978 MOST OWED: $25200 STATUS AS OF 02/1998: PAID AS AGREED IN PRIOR 48 MONTHS FROM DATE VERIF'D NEVER CONTACT SUBSCRIBER: YORK FED S&L 101 S. GEORGE ST. BC6896003 CORESTATES ACCOUNT CLOSED H 130247752 MORTGAGE ACCOUNT CONVENTIONAL REAL ESTATE MTG JOINT ACCOUNT PAY TERMS: 360 MONTHLY $266 LATE PHH: (717) 846-8777 YORK, PA 17401 REVOLVING ACCOUNT CREDIT CARD '. , VERIF'D 02/1998 BALANCE: $0 INDIVIDUAL ACCOUNT OPENED 01/1995 MOST OWED: $0 CREDIT LIMIT: $3500 CLOSED 10/1997 STATUS AS OF 10/1997: PAID AS AGREED IN PRIOR 34 MONTHS FROM DATE CLOSED NEVER LATE CONTACT SUBSCRIBER: CORESTATES BK OF DE 1523 CONCORD PIKE, 2ND FLOOR PH>>: (800) 833-3010 WILMINGTON, DE 19899 FP79PG001 LSI FINC GRP >> 141950101644 INSTALLMENT ACCOUNT UNSECURED JOINT ACCOUNT PAY TERMS: 999 MONTHLY $33 SATELLITE EQUIP VERIF'D 02/1998 OPENED 01/1996 $1006 $1914 BALANCE: MOST OWED: STATUS AS OF 02/1998: PAID AS AGREED IN PRIOR 19 MONTHS FROM DATE VERIF'D NEVER LATE CONTACT SUBSCRIBER: LSI FINANCIAL GROUP 17500 CHENAL PKW PH>>: (501) 663-9300 LITTLE, AR 72215 QA2592677 GMAC >> 34083382933 INS1ALLMENT ACCOUNT AUTOMOBILE VERIF'D 10/1997 BALANCE: $0 JOINT ACCOUNT OPENED 10/1992 MOST OWED: $21000 PAY TERMS: 60 MONTHLY $350 CLOSED 10/1997 STATUS AS OF 10/1997: PAID AS AGREED IN PRIOR 59 MONTHS FROM DATE CLOSED NEVER LATE CONTACT SUBSCRIBER: GMAC PO BOX 1078 PH>>: (410) 312-6400 BALTIMORE, MD 21203 REPORT ON: HOLTRY, JEFFREY A. PAGE 4 OF 6 SOCIAL SECURITY NUMBER: 176-44-2423 ACCOUNT INFORMATION, CONT. FP1AR2001 BHR FINANCE >> 1001950000101644 REVOLVING ACCOUNT CHARGE ACCOUNT PARTICIPANT ON ACCOUNT CREDIT LIMIT: $1900 VERIF'D 07/1996 OPENED 01/1996 MOST OWED: $1914 STATUS AS OF 07/1996: PAID AS AGREED IN PRIOR 07 MONTHS FROM DATE VERIF'D NEVER LATE CONTACT SUBSCRIBER: BhR FINANCE ASSOCIATES 807 MORSE BLVD PH>>: (407) 645-5522 WINTER, FL 32789 BC1597029 MBNA AMERICA # 5401260799044L~6 REVOLVING ACCOUNT CREDIT CARD VERIF'D 10/1994 BALANCE: $0 I.NDIVIDUAL ACCOUNT OPENED 10/1994 MOST OWED: $0 CREDIT LIMIT: $5000 PAID OFF 10/1994 STATUS AS OF 10/1994: PAID AS AGREED IN PRIOR 01 MONTH FROM DATE PAID NEVER LATE CONTAC~ SUBSCRIBER: MUNA AMERICA POB 15026 l'lIN I WILMINGTON, OE 19801 UC9616003 DISCOVER CRD ACCOUNT CLOSED BY VERIF'D 07/1993 OPENED 05/1988 CLOSED 07/1993 STATUS AS OF 07/1993: UNRATED IN PRIOR 26 MONTHS FROM DATE CLOSED " 6011002462514464 CONSUMER BALANCE: MOST OWED: REVOLVING ACCOUNT CREDI'l' CARD INDIVIDUAL ACCOUNT $0 $0 NEVER LATE CONTACT SUBSCRIBER: DISCOVER CARD SERVICE POB 15316 PH": (800) 347-2683 WILMINGTON, DE 19850 BC3681001 FIRST CARD " 4250053025729 REVOLVING ACCOUNT VERIF'D 07/1993 BALANCE: $0 INDIVIDUAL ACCOUNT OPENED 02/1992 MOST OWED: $0 CREDIT LIMIT: $2500 STATUS AS OF 07/1993: PAID AS AGREED IN PRIOR 18 MONTHS FROM DATE VERIF'D NEVER LATE CONTACT SUBSCRIBER: FNB CHICAGO.FST CARD POB 2010 PH": (847) 888-6000 ELGIN, IL 60121 . REPORT ON: HOLTRY, JEFFREY A. PAGE SOCIAL SECURITY NUMBER: 176-44-2423 5 OF 6 ACCOUNT INFORMATION, CONT. 13064780Q2 DAUPHIN B&T VERIF'D 04/1992 OPENED 06/1988 CLOSED 04/1992 STATUS AS OF 04/1992: PAID AS AGREED IN PRIOR 11 MONTHS FROM DATE CLOSED NEVER # 637170060516023 BALANCE: $0 MOST OWED: $12201 INSTALLMENT ACCOUNT INDIVIDUAL ACCOUNT PAY TERMS: 48 MONTHLY $308 LATE CONTACT SUBSCRIBER: DAUPHIN DEPOSIT BK & TR POB 4800 , PH#: (717) 255-2366 HARRISBURG, PA 17111 THE FOLLOWING COMPANIES HAVE REQUESTED A COPY OF YOUR CREDIT REPORT. THEIR INQUIRIES REMAIN ON YOUR CREDIT REPORT FOR TWO YEARS. (NOTE: TU CONSUMER DISCLOSURE INQUIRIES ARE NOT VIEWED BY CREDITORS.) . DATE INQUIRY TYPE INDIVIDUAL SUBSCRIBER NAME 04/08/1998 CREDIT PLUS MAIL PHONE PO BOX 67533 HARRISBURG, PA 17106 (717) 236-8061 THE FOLLOWING COMPANIES DID NCo" ONLY YOUR NAME AND ADDRESS IN OFFER, OR TO REVIEW YOUR ACCO' GET 'lOUR FULL REIWRT. BUT INSTEAD RECEIVED ~J\T] , ,,; FOR THE PURPOSE OF MAKING YOU A CREDIT 'l'Hl:;lR INQUIRIES ARE NOT SEEN BY CREDITORS. DATE SUBSCRIBER NAME '. ~' ~ -.Il t 01/01/1998' . MBNA AMERICA POB 15026 WILMINGTON, DE 19801 11/01/1997 PROVIDIAN BANCORP POB 9007 PLEASANTON, CA 94566 10/01/1997 CORESTATES BK OF DE 5TH & MARKET ST PHILADELPHIA, PA 19106 MBNA AMERICA POB 15026 WILMINGTON, DE 19B01 COMMERCIAL CREDIT 300 ST PAUL PL, BSP13A BALTIMORE, MD 21202 (BOO) 352-6070 10/01/1997 06/01/1997 REPORT ON: HOLTRY, JEFFREY A. PAGE 6 OF 6 SOCIAL SECURITY NUMBER: 176-44-2423 . NON-CREDIT INQUIRIES, CONT. DATE INQUIRY TYPE SUBSCRIBER NAME .-'--..', 06/01/1997 CAPITAL ONE BANK 11013 W BROAD ST GLEN, VA 23060 05/01/1997 COMMERCIAL CREDIT 300 ST PAUL PL, BSP13A BALTIMORE, MD 21202 (BOO) 352-6070 05/01/1997 CORESTATES BK OF DE 1523 CONCORD PIKE, 2ND FL WILMINGTON, DE 19B99 (BOO) B33-3010 SPECIAL MESSAGES: . ****HAWK-ALERT:CLEAR FOR ALL SEARCHES PERFORMED*** IF YOU BELIEVE ANY OF THE INFORMATION IN YOUR CREDIT REPORT IS INCORRECT, PLEASE LET US KNOW. PLEASE ADDRESS ALL CORRESPONDENCE REGARDING YOUR CREDIT REPORT TO: CREDIT PLUS SOLUTIONS GROUP 25 PENN CRAFT AVENUE CHAMBERSBURG, PA. 17201 717-264-7195 .." ~ -.. ,_._"- . , . . EXHIBIT wWL" /.';" -' --.-- _4fi ' . -- ..........l.- .. , ...,.0 , . -,... ThePrudenllal,$ . . . , COIITRIIC'l' VII LUES QUOTII'1'lON W SII 012 ~ EVIIOOEI~S TS/\MIIIRIIS 23 RICIIIIRD IIVENUE IlIIlPPENSBURG PII 17257 (717) 532-3297 JEFFREV II 1I01f!'RV 165 FRVTOWN ROIIU CIIRLISLE PII 11013-8917 CONTRIIC'1' NUMREIl D~2 422 800 JEFFREV II 1I0W'RV JUNE 24, 1996 YOU RECENTl.Y REQUESTED U1FORMII'I'lON ON IILL TilE VIILUES OF YOUR' PERMJ\tIElj'j' INSUR/\NCE CONTRACT. AS OF JUlIE 1, 1996 "IIESE VIILUES WERE: $1,584.60 CASII VIILUE $1,066,01 11IVIDENDS 11/11) I1ITEREST $125,00 TEIlMINIITlON UIVllJENU . .'.~.'.' . $2,175.61 1'01'111, CIISII PIIVIIBl,E ON SURRENUER TilE /\MOUN'I' OF TilE TERMINII'l'lON DIVIUENU SIIOWN IIBOVE DEPENDS ON WIIIlN TilE POLICY IS SURRENUERED. IF YOU SUIlRENDER YOUR CONTRIICT, YOIl SIIOULU REIILIZE '1'1111'1': YOU WII.L LOSE TilE $5,259.0U REUUCED PII!U-UP U1flURJ\tICE /\MOUNT, YOU WILL LOSE TilE N10UNT OF INSUR/\NCE PROTECTION YOU NOW III1VE. /\NY~NET GIIUI ON SURRE/IDER ~IIIY BE SIJBJF.CT '1'0 FF.UERIIL ltlCOME '1')\)(. Nt IILTERNIITIVE TO SURRENDER IS '1'0 TIIKE II CONTRIIC'I' LOIIN OF UP '1'0 $2,650,61. TillS WILL CONTltlUE YOUR INSURJ\tICE PROTECTION, LESS TilE /\MOUNT OF TilE TOTIIL LOIIN IIND I1ITERES", TilE OPTION TO REPIIY TilE LO/\N IN TilE FUTURE GIVES YOU TilE OPPORTUNITY TO RESTORE YOUR FULL CONTRIICT VIILUES WITIIOUT III1VING '!'O REIIPPLY /\ND SIIOW EVIDENCE OF U1SURIIBILITY. llITEREST ON TillS LO/\N WILL BE 6. O\. III1VING LO/\N FUNDS REIIDILY IIVIIILIIBLE FOR UNFORESEEN SITUIITIONS IS ONE OF TilE IMPORT/\NT PROVISIONS OF YOUR PERMJ\tIEN'1' LIFE INSURJ\tICE CONTRIIC'1'. IN ORDER TO RESTORE TilE BENEFITS OF YOUR CONTRIICT FOR YOUR BENEFICIIIRIES OR FOR YOUR OWN FUTURE USE, YOU C/\N REPIIY SOME OR IILL OF YOUR LO/\N. WE TIIOUGIIT YOU MIGIIT IILSO I.IKE TO KNOW '1'/111'1' TilE CURREN1' INTEREST RIITE ON DIVIDEND IICCUMUL/I'I'IONS IS 4.0\. ICONTllIm:U) TilE PRUUENTIIII. ltlSUR/\NCE COMPIINY OF /\MERICII B980 15 ..563 W SII 012 , ..,~ ~~I.. .~. I: ~ ': J. }~ri~i:~ . '" 1 . - ......A 01 . (~ . Th€Prudenllal VC(I COll'l'RM:'I' VIILUI!S QUO'l'1I1'1011 W 811 012 4 RVIIOGIlLOS TS/lMBIRIIS 23 RICIIIIRO IIVllllUIl SIIIPPIlNSBURG PII 17257 (717) 532-3297 JIlFFRRY II 1I0LTRY 165 FRYTOWN ROllO CIIRLISLIl PII 17013-8917 CONTRIICT NUMBIlR 080 338 '/30 JIlFFRRY II 1I0LTRY JlJIlll 24, 1996 yoU RIlCIlNTLY RRQURll'l'RIl lllFORMII'flOll 011 IILI. TIIIl VIIl.UIlS OF YOUR PERMNIIlN'I' INSURIItlCIl COll'l'Rllc:r. liS OF JUm: 1. 1996 1'IIIlSIl VIILUIlS WIlRIl, $2,010.00 CIISII VIILUE $559.48 IllVIORlIOS 1I111l INTRREs'r $153.30 TRRMINIITIOll 1l1VlIlEIIIJ .. -- $2,722.78 TOTIIL C/lSII PIIYIIIIJ.E ON SURRENDER TilE /lMOUlI'f OF TilE TERMItlIlTIOlI DIVIDElIO SIlOWN IIBOVE DEPENDS 011 WIIElI TilE POLICY IS SURRElIIJERED. IF YOU SURRIlNDER YOUR COllTRllc:r. YOU SIIOULD REIILIZE 1'1111'1': _ YOU WILL LOSE TilE $6.095.00 R~:DUCED PIIID-UP INSURIItlCE /lMOUlIT. _ YOU.WILL LOSE TilE /\MOUlIT OF IlISURJ\/ICR PROTECT 1011 YOU NOW III1VE. _ /lilY IIE'r ClIIIN 011 SURRENDER MIIY BE SUBJECT TO FEDERIIL IllCOMIl 'I'M. /III IILTERlIII'flVE 1'0 SURRENDER IS '1'0 TIIKIl II CON'rRIICT LOIItl OF UP TO $2.569.48: TillS WILL CONTINUR YOUR INSURIItlCE PROTECTION. LESS TilE /\MOUNT OF TIIR TOTIIL LOIItl llllO INTEREST. TilE OPTION TO REPIIY TilE LOIItl IN TIIIl FUTURE GIVES YOU TilE OPPORTUNITY TO RIlSTORE YOUR FULL CONTRACT VIILUES WITIIOUT III1VINO TO REIIPPLY IItlD SIIOW EVIDENCE OF INSURIIBILITY. INTIlREST ON TillS l.OIltl WILL BE 8.0' FOR TilE RIlMIIIIIDRR OF TillS CONTRIICT YIlIIR. III1VING LOIIN FUNDS RE/lDILY IIVIIILIIBLE FOR UNFORESEEN SITUII1'IOIIS IS ONE OF TilE IMPORT/IIIT PROVISIONS OF YOUR PERM/lNRNT LIFE IIISURIINCE CONTRIIC'r. IN OROIlR TO RESTORE 1'1I1l BElIllFITS OF YOUR CON1'RIICT FOR YOUR BllllIlFICI/lRIRS OR FOR YOUR OWN FUTURE USIl. YOU CNI RIlPIIY SOMIl OR /ILL OF YOUR LONI. (CONTllIUED) TilE PRUDENTIIIL 1I1SUR/ItlCE COMP/IIIY OF /\MERICA B980 15 .. 563 I W 511 012 I I I I ThePrudentl~1 t$ .. COII'l'RM:'I' VM,UEIl OUO'l'IITlOII W IlII 012 1 ~;VIIOOE('o!I TIl/\MlIl RIIS 2] RICIIIIRIl IIVRNUR SIIlPPllllSlItlRU PII 1'/25'1 ('11'/1 5]2-]297 CINDY E 1I01.TRY 165 FRYTOWII ROIIIl CIIRI.ISLR PII I'/Oll-H91'/ COIITIlM."r IIUMIIRR lJ12 H20 foRS C WilY R 1I00lI'RY JUNE 21. 1996 YOU RECIlIITI,Y REOUESTIlD ItlFOII~Wl'IOl/ Oil IILI, TilE VIILUES OF YOUR PRRMN1EIIT I/lSURIINCE COIITRIICT. liS OF .JUIIE 19, 1996 'l'lIllSE VII LUES WIlRIl. ~1,811.52 ~919. 77 CIISII VN.UR eMII VIILUE O~' MID-tiP IIDDI'1'IOIIIIL 1IISURJ\NCE (TIIIl /\MOUNT OF P^,IH1P IIDD1TIOlIIIL IIISURN1CIl PROTECTION IS $2,5]1. 70) "RRMIlWrlOI/ UIVIDRIIU , ~201,78 $2,9]].07 "OTM. CIISII PIIYM1LE Oil SURRENDER "1I1l /\MOUIIT OF TIIIl 'l'ERMIIIIITlOII IlIVIDEIID SIlOWII IIBOVE DEPEIIDS ON WIIRN TIlB POLICY IS SURREIIDERRD. IF YOU SURRENDER YOUR COl/'I'RIICT, YOU SIlOULIl REIILIZE TIIJIT: _ YOU '1IILL LOSE TilE $7, 539.00 RRIlUCRIl P^,D- UP IlISURJ\NCE N10UIIT, _ YOU WILL LOSE TilE /\MOUNT OF IlISURANCE PROTRCTIOIl YOU NOW IlIlVE. _ IINY NET OIlIN 011 SURRENDRR MJ\Y BE SUBJECT TO FEDERIIL INCOME TIIX. 1111 IILTERNIITlVE '1'0 SURRENIlER IS TO TIIKE II CONTRIIc'r LOIIN OF UP '1'0 $2.731. 29. TillS WILl. CONTI/IUE YOUR IIISURIINCE PROTEC1'IOII, LESS TilE /\MOUUT OF TilE TOT1\L LOIIN IIND I/lTEREST, TilE OPTION TO REPIIY TilE LOIIN IN TilE FUTURE OIVES YOU TilE OPPORTUIIITY TO RESTORR YOUR FULl. CONTRIICT VIILUES WITIlOUT IlIlVIllO TO RRIIPPI,Y IItID SIlOW EVIDEIICE OF J/lSURIIBlIol'l'Y, INTERRST 01/ TillS LOIIN WILL BR 6.0\ FOR TilE RRMJ\INIlER OF TillS CON'I'RIICT YRIIR. III1VIIIO LOIIN FUNDS REIIDILY IIV1\I1,IIBLE FOR UllFORESEEN SITUIITIONS IS OIlR OF TilE IMPOR'rllt/'r PROVISIONS OF YOUR PERMJIt/EI1T LIFE I/lSURIINCE CONTRIICT. It/ ORDER TO RESTORE TilE BENEF!'!'S OF YOUR CONTRIICT FOR YOUR BRNEFICIIIRIES OR FOR YOUR OWII FUTURE USE, YOU CN/ REPIIY SOME OR IILL OF YOUR LOIIt/. (CONTJNtlRIlI TilE PRUDEN'l'Il\I. ItlSURI\IIC~; COMPIIIIY OF /\MERICII B980 15 "56] W SIl 012 , TO YOU AIIII HIIIIIIV "O",IID TO ,LaAD TO 'HI INGLO.ID PLIADIN. WITHIN TWIN" 110. DAn 0' ""YIGI HI".O" Oil " D"AULY JUDO"'NT MAY.. IlHTUIID AGAINI' YOU.. . An...... ,.. BROU.J08, ClILROY III HOUSTON, p, C, Ano"Hava A? L.AW .. NO,"" HAHOY." .".a.., CANUOL.&. I"&NN.VL.YANIA 1701:1 17'7' ..,......74 "..'...0 t.t..-/ /..1( ~ 1C CINDY E. HOLTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 449 CIVIL TERM 1996 v , . , JEFFREY A. HOLTRY Defendant IN DIVORCE PRE-TRIAL STATEMENT of CINDY E. HOLTRY I. (a) MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. Description of Prooertv Nwnes of All owners Savings account Mellon Bank Husband Value ! i. : $ 80,000.00 , i I ! i 25,000.00 I I 1\' 10,000.00 f" , i I' , i 3,000.00 II 25.00 6,000.00 I, , , 165 Frytown Road, Carlisle, Upper Frankford Twp. Husband and Wife '93 Chevrolet 4x4 Truck Husband and Wife '93 Chevrolet Corsica Husband and Wife Checking account Mellon Bank Husband Checking account Fanners Trust Company Wife Life insurance policies HusbWld Prudential Life insurance policies Wife Prudential Personal property 1980 Sun line camper 17 ft, HusbWldlWife 1984 Grummin V Bottom Boot 17 ft. HusbWldlWife Boat Tmiler, 9.9 Evenue Motor & Troling Motor HusbWldlWife 4 x 8 Utility tmiler HusbWldlWife ReA Satellite Dish HusbWldIWife GlIrlIge items/tools/equipment HusbWldlWife Pension plWlS . 401 k HusbWld Household fumishings HusbWldlWife Other - Hunting equipment HusbWldlWife (b) NON-MARITAL PROPERTY 9,000,00 5,000,00 2,400,00 1,000.00 1,000.00 500,00 t,5oo.00 5,000.00 100,000.00 10,000,00 5,000.00 Plaintiff lists all property in which a spouse hIlS a legal or equitable interest which is claimed to be excluded from marital property: CLAIMED BY HUSBAND, ESTIMATED VALUES ARE DISPUTED BY WIFE (OWNERSHIP NOT IN DISPUTE) Description of ProDertv RellSon for Exclusion Tools Bought/gifts prior to marriage Guns, Archery, Hunting equipment Bought/gifts prior to marriage . (c) LIABILITIES Description Date Nwnes of Orie. Debt! Nwnes of Current of Property Incurre.sl all Creditors Purpose all Debtors Balance Mortgage 1978 York Federal S & L Assoc, $25,000 Husband/Wife $18,000 Mortgage Credit Cord 1995 Montgomery Word $700 Wife $600 Cwncorder Credit Cord 1995 J. C. Penney's Open Acct Husband/Wife $700 Satellite Dish 12/95 Home Cable Concepts???? $1500 Husband/Wife $1,300 Satellite Dish Credit Card 1995 Visa Misc. Husband/Wife $2,500 Credit Cord 1995 Master Cord Wife $3,900 Misc. Vehicle loan 1993 GMAC $28,000 Husband/Wife $9,000 Husband's cor Vehicle 1994 GMAC $12,000 Husband/Wife $9,000 Wife's cor o 2. No expert witnesses are expected to be called at trial, except for appraisal of property. 3. IN EVENT OF DIVORCE HEARING: Sherri Crider - Sister.in.law. Will testify generally ahout the breakdown of the marriage and indignities. Brenda Cleland - Friend. Will testify generally about the breakdown of the marriage and indignities. Cathy Heinbaugh. Friend. Will testily generally about the breakdown of the marriage and indignities. 4, EXHIBITS TO BE USED AT TRIAL EX t : Letter designating Ms. Holtry's limited capabilities to work from Dr. Harold G. Kretzing, M.D. Attached. EX2: Jointly filed 1995 federal and state tax returns of Mr. and Mrs, Holtry. Attached. EX3: Most recent monthly pay check of Ms. Holtry. Attached. EX4: Pension appraisal, when received. 5, Net income - from care of elderly man and cleaning: $812,00 so far in 1996, 6. Expenses - nonnal household. 7. Plaintiff has rcquestcd on February 8, 1996, pension data for analysis; but has received no response on pension or retiremcnt plans and has been unable to obtain infonnation eoneeming the value of Mr. Holtry's pcnsion plan with Ma~land's Industries. 8. Ms. Holtry, by reason of the conduct of defendant in depriving her of adequate funds for her living and personal expenses, of denying her access to any checking, savings or banking accounts of husband and wife assets, will be put to considerable expense in preparation for her case in the employment of counsel and payment of costs. Plaintiff is without adequate funds now to support herself, to meet the costs and expenses of this litigation, and to set up a separate household and is unable to maintain herself during the pendency of this action. Defendant has failed and refused to support Plaintiff beyond supplying of bare sustenance throughout their marriage. Plaintiff is at present employed by an elderly man whom she cares for. Her wages, as shown by the attached copy of her last monthly pay check, arc extremely limited, Defendant is at present employed at Masland's Industries and cams approximately $55,000 per year. Therefore, Plaintiff requests that Defendant pay Plaintiff alimony pendente lite and pay her counsel fees and expenses incurred from this litigation. 9. There currently is a dispute over certain items of property: hunting equipment and tools. There is no dispute over ownership of the property, Ms. Holtry agrees that the items belong to Mr. Holtry. There is however, a dispute over the estimated value of the property. 10. See above table. Paragraph I (c). tl. PROPOSED RESOLUTION OF ECONOMIC tSSUES, Plaintill' proposes that she be awarded the house so that she will have a home for the children, with assumption of mortgage; sufficient household fumishings to accomodatc herself and the children; Defendant should be given sufficient household items to set up living quarters; 75% of the pension: the '93 Chevrolet Corsica: the other vehicles to Defendant; camper, trailer, boat, and motor and outdoor material to Defendant; tools and equipment to husband: equitable distribution of accounts, June II, 1996 & HOUSTON PC o H, Broujos, Esquire t omey 1.0, No. 06268 4 North Hanover Street Carlisle, Pennsytvania 17013 717/243-45747171766-t690 FAX 717/243-8227 "'$I . ..'\' , ., BELVEDERE MEDICAL CENTER 850 WALNUT BOTTOM ROAD CARLISLE. PENNSYLVANIA 17013 FAMILY PRACTICE ROBERT A. HOLLEN, M.P. HAROLD G. KRETZING, M.O. BRUCE O. BAILEY, M.P. PHONE: 243.1515 Pebruary 23, 1996 RE: Cindy Holtry DDB: 8-211-11B To Whom It May Concern: Cindy Holtry has had some health problems in the past year. She had a motor vehicle accident with a subsequent fracture of her right leg and after treat- ment with a cast, she developed a thrombophlebitis in the right leg which was treated with anti-coagulants. She is still on anti-coagulants at this point. It has been somewhat difficult to get her on a steady anti- coagulated state that is therapeutic, which requires frequent dose adjustments. At this point she has been released to work part- time to see how she can tolerate working with her history of phlebitis. HGK: ja Sincerely, Ha~~ Kretzing, M.D. EXHIBIT , FP.237 Form 1040A Label __'8.) u......IRI -- 0U\0IWt... -print or 1ypO. Check the box for your filing status __20.) CI10ck only one bo.. Figure your exempttons __22.) H ....... Ihon ....., ~..... ... page 25. Figure your adjusted . gross Income A_~aof your Forma W.Z ond 1-" horw. H _ dtdn" got a W.2. _ _ 27. Encao. bul'do noI attach. lIlY poymant. - ~ - U1~ .....- >- U1~~ - = - - ;= ~ . . . . IRS UN lloI'i'-OO not _ or __ In tNa ...... OMe No. 11146-0OI6 V____- //(, : VY;;VH .........- -- IS? ; 10'; ") YIiO For Prlvocy Act ond Paperwork RBductlon Act NoUee, ... poge 11. Presidential Election Campaign Fund (See poge 19.) . - V.. No Noto: Checking "Yea' will 00 you want $3 to go to this fund? ....... ;.. . . .. . . not change your tlK or If a oint retum, does our s use wsnt $3 to 0 to this fund? teduce r ",fund. 1 0 Single., ' ... ....' . .' . ". 2 ~arried f1ilng joint return (even If'only one had Income) .:" ...., 3 0 Married flllng separate retum. Enter spouse's social security number .... above and full name here. ~ 4 . 0 Heed of household (with quellfylng person). (See page 21.} If the qualifying person Is a child but not your dependent, entar this chlld's name here. ~ 15 0 Quail n wldow(er) with de dent child ear s use died ~ 19 Sa ourHII..1You' par1Il1I (or ~...., CIlI c:IIlm you u . ~ an hII or her tax ~, do. not ~ box Sl.1!lll be ~ 10. tho box. an 1inI1Sb.an pool 2- . .... ..;.. ,(,_. ,J I,. . -,. ~... .,;' ". .... ., ',); '. .... t,: ~ . " . . . '(4) No. of . .~ (21 OIPllldl,,1'11OCiII PI ~en\'. 1lIClI1tM lived In . .. _ -' aecwtty ...-. " born rNtlonIh/p to '; your homo In '. __ In 1ll85, _ paga25. . ,: you .1 ':'" 1095 . / PI<?; :'0' d I). yau I :. d L "a_'1lwe --- ',,_or ,...) .-- ........ . <-_211 Oepllf1mMt of U. T~ ...... &wvIclI U.S. Individual Income Tax Return ',."'1995 y..PftI,.",.Iftd... -- L A o . L H . R . .. tr*'I NUn. .....'...,...". Md..... .....- Home..... ~ Md...s.. 'faU.... Po. baa,....-vI II, ....no. CIty, town 01'.... ofIoa. ...1tId ZP ooda.. )'CNNWII. knqt........ page 1'. b . c Ilopel_ '(1) FItat IlII1Hl . :]"&.JIoJI Il Lu1111ll1O CI1. ~l .: d If your child didn't live with you but Is clall!1ed B8 your dependent . ., underapre-1985agreement,checkhlll8 ..... ...:....~.~ 0 .... . Total number of exam Ions claimed.' : ;.' ...,..... ..... 7 Wages, salaries. tips, etc. this should be shown In l)Olt 10f your W-2 form s. Attach Form s W-2. .'. :. , . :.; " .' .... ."", Sa Taxable Interest Income (see page 28). If over. $400, attach Schedule 1. . ,... .....'.,:. .....\ :.~"" -".,..'. ,\ b' Tu..xem Inlsrest. 00 NOT Include on line Sa. . ..8b II Dlvidends.lfover$400,attachSchedule1. .... '.' ,.1,_""":" 10. Total IRA ;} - '::',.1Ob Taxable amount dlstrtbutlons. . 10a '. see e 29 . 11. :~ =~~~~~ '11a _ 11b ~a:eable ~~u~t 12 Unem I ent com satlon see ., ;. 138 Social security beneflts. ~ 13a 14 1511 - '.. ~ J.. I' Dl':'l-n. an" not 0 --- ==~1Lf1 __ LlJ '7 4~{1~ /)1. .. 8a . 9 s-. 10b 11b 12 - ~ 13b - ".', . .. urtcitaJ I~come. ~ 14 I.(JJ 3(0 15a - '. . b S use's IRA deduction see e 15b- c Add lines 15a and 15b. These are our total ad ustmenta. 15c- 16 Subtract line 150 from line 14. This Is your adJusted grosllncome. If less than $26,873 end a child lived with you Oessthan $9,230 If a child u /-.". /' didn't live with oU), see "Earned Income credit" on page 47. ~ 18 7 ~ ~if EXHIBIT 1995 Form 1040A page 1 1995 Form 1040A page 2 . " .,' ,', 17 Enter the amount from line 16. " . , 17 'j P 3(, I C 188 ~hlCk m==w:~~:~~'B:::~l =.=~:~~~[QJ b II your parent (or someone else) can claim you 88 a dependent, checkhelll... ...'. .... .....'. .':'. :'\,'~18b ,0 c II you are marrted filing separately and your spouse itemizes .. ' deductions, see page 40 and' check heI8.. . . ; .':": ~ 18c 0 . 19 Enter the It8ndard deducUon shoWn below lor 'your filing' status. But ,.;, If you Checked eny box on line 181ior b, go to page 40 to flnd your, . . , standard deduction. If you Checked box 18c, ~ter :-<!-'.' :.'F;.~';;:': ~ ':. . Slngl&-$3,900 . Married filing Jointly or Qualifying wldow(er)-$8,550 . Head 01 household45,750 '. Mairied flllng'sep8rat"'~,275 """19 20 Subtract line 19 from line 17. II line 191s mOIll than line 17 enter~. 20 21 Multi I S2 500 b the total number of exem tlons claimed on line 68. ,21 22 Subtract line 21 from line 20. II line 21 Is mOIll than line 20, enter -0-. This Is ourweblelncome. .. ,. .: .",.;, ,." ':,',: ::',',' ,~ 22 23 Find the tax on the amount on line 22. Check II from: o Tax Table a es 65-70 or .:0 Form 8615 see 24a Cllldlt for child and dependent. care 8llpllfl88S\:I<" " Attach Schedule 2. .," '..' ,.,.."...,.0;0 .- ..'....248 b CIlldIt lor the elderly or the dlsab!ed.. .t..:'.': -:17J.;.;;, Attach Schedule 3. ',' :' :". .00" . ,,:,..... ' ';' 24b c Add lines 24a and 24b. These are r tatel credltll. '.' . 240 25 Subtract line 240 from line 23. II line 240 Is mOl1l than line 23 enter~. ,,25 26 Advance earned Income credit enls from Form W-2..'-' . ,,:....-:'26 - 71 Household em 10 ment taxes. Attach.Schedule H, ",.,,',. '" . "''''27- 28 Add lines 25 26. and 27. This Is ur totel tax. ., ~ 28 471 II 2ge Total Federal Income tax wlthh!lld,..1I any.l~ . "'.:'.; from Form s 1099 check hera. ~ .., ",,:'..' 29a b 1995 estimated tax payments lI/1.d.BIl)ount. .:.~. . .f , lied from 1994retum. ..: "'~~'('~:"'."'29b - c Earned Income credit. Attach -f.::..i~;::'~;'.I...' ~:~'''1 _ Schedule ElC If ou have a uall child.:: 290 ontaxable earned Income: .','. C',,,.,,. .; ','; .'.,. ' ' I .' amount ~ __ I . ";'lind 'type ~ ,.'.:." "~'" d Add lines 29a, 29b, and 290 (don't , Include nontaxable earned Income). These 8I1l our toter entll. ...'. . ..' '.' ~ 29d 30 II line 29d Is mOIll than line 28, subtract line 29 from line 29d. " '. This Is the amount ou lei. ":;""":".., -- '--'....: . '. 'i'; '.::' 31 Amount of line 30 ou want rafunded to u. 32 Amount of line 30 you want epplled to your '. r, 1998 estImBted tax. .' . ',' '. ' 32 v 33 If line 28 Is mOIll than line 29d, sub1ract line 29d from line 28. This Is the emount.you owe. For details on how to pay, Including what to write on your payment, see page 55. 33 34 estimated tax penalty (see page 55). . '. . Also, Include on line 33. 34 - ':,'.. Sign you ~ - 01 porjury. 1_1110I1_ -- tIio...... ond ~,_.ttna - ond _...a. ond tolho r *' 01 my knowIodgo _ _,lhoy" tNo. -'- ond ocanloIy 1Iol0l......... ond..... 01_'_ dI.mlI retum lhotu v-. DodanI_oI ~(_lI1onlholUJAYWllo_cnollnfonna1lonolwhlc:hlho_hoI...,ho~. ... Y.." IignatIn Cot. Y""~tion ,. H. )W'(;tl..}!>,vL ~ Spouse'. IignIhn. " )cNnt rwhMn, BOTH InUIt 191. Oat. FIgure your standard deduction, exemption amount, and taxable Income FIgure your tax, credits, and payments - .. ~., ",".,. . . 5'~o II ( 11r( y,7l( ..' " . . ~ ;', ".r.. '. ..~-:. ~~. -.I, '. . . ." :. . - K you went the IRSlollgtJlO your tax. ... lhe InotruclIona lor line 22 on _41. FIgure your refund or amount you owe 30 .31 -== ~ ~ - ~ = z= .....==: ~=== ~= ~ -== ~ ~ - ~ Keep a copy 01 this mum for your racords. Paid preparer's use only SpouM'. occupation -- -I -. ,- " , 1 '..,,_ .... ....,. . _. ," ~sap 3S"3'1 \',' . ,:. ..:.., ..~.. ".' .....;...", '. . () =.~ F1nn'. name lOt )'Old ~ if self-emplOyed) and -,... ",-"<,I 6SN ~"':-'O :: ElN ZIP code 11195 Fonn 1040A page 2 0.,. 1 E Z 'OR NHNIVLVANIA RIIlDINTI ONLY 9 PA-40EZ INCOME TAX RETURN 9 ... 'IOU MUST FIll! BY _NIGHT IoIONlIAY. APRIL ",eee'" 5 . Commonwealth 01 Pennaylvonlo PA Cepartment 01 AlMInue omaAL. us. ONLY . . ..,...., "::':, '!. , '! .~ ....~..~.. -::,-, ~ .....- ~ '. JI '..: ..~.R.f'~\ C: Q!OV .:- .J .!.:..,) J · ~ J +. I I TYP'I ,tLlR 10000tl Only OM. .. - .. J 1/ ' - . IURa TO COMPLETI THla IIc:nON NAY. 0' THIIOtOOL DtITRlCT .... you IIwed o.c.maef 31. ,. - -- -- - -- lICHQOI. DIITAICT COOl .~ I 0 SO 04I!OC" 'fOU WILL Hal' HIlD A'. PA we AET\JRH ...-~,. ":";"""~~'r'"~:,.....,'7J',, ":::~~'~~71_" ~.m 1. l'~~" .f:""~.'.~,~ ~~!.~~~~;,.~'';~'' =..i7.i $ 1.\ 4'~' ',,"~~.4__1.:.' . ""'. ", __u_' '. ._:-______ _ -...... 1b Unreimburaed ~ 8ulIneu Expenaee from PA Schedu.. UE.............................................. 1b $ Ie NIl"".~.~'~NL.';:\~;;;.e;~r.~~~~$.- ." -...~~ 1.~..~..._...,~_....~.;;,,~~Ii.;'~'~~:'"'~:~;:~~~m.~ .._ eo, 2 "" _ 1_. _ "" ScI1ocIulo II 11_ ".000 ........................................................... 2 $ 3 "".:-....~~~: ~~~~:~}:;;~~~~~$~~'.~': . -. "" ~_I_ Add LInn '" 2 and 3......................................................................... $ .. . .K..." ~'~."............-r.-.. ,It>.. '~ 5 MTAXUA~_~.~:~.~~;tcl.~~:f..~l~' .. ..-. $ ;!......l\.4.........~..'t............'*-~}>.;U.4.:II:l..!:P~-.=.1..Ljt-~~~ ~ '~.' 8 llllaI PII Income _ WllhIlIId ""'" Form(I) W-2 ....................................................................... 8 $ '.-.:-' '''.'-'1'-'..'., .. .1"""'.. "I.... ~~.lll '~ 7 1:UIEItimaIed~and.~~~~:~-::r:~.::.n~.~,!F~. .. -'ia7i. $ . -.. .. '.', '~:"'~\"i.~"'~i\:<:~~~li'::!IirliCD'" . 811 HouIIhotd Membera from p~ ~ ~ l;;\~~.'\_~;~l~\i.~~~~1 ~~ . ~".._' .w__...~':.;..i"",-,:!,~'L'.. .,,~.....'rri...~~,~7:.-t':r'~ .....4 8b EJtglbihty Incom. from PA Schedut. SPt Pan III............................................................................ 8b $ lie llllaIl-.. ""'" Stop 5. Line 21. SP _.........................................................................1Ie $ $ $ '0 TAX DUE. II Uno 510 more IIWI Uno .. ._ .... ~....................................................'O $ ....... .-. " ...~.~.,......."'~:!':"'.~.\l:~,:~. .... ..,. 11 OVERMYlloo.liunei....:;;:tha.1LiWe:_~-~t~.....,....- -'..11': $ . <'.._ '." . _ ' '.. _J:- '. ~'."~'" .,..~.,' ". .. I ,J ...- ~..-.._--..__. . .., - ' ... , 128 Atnount: 01 Une 11 you wanl U. RefUnd Check mailed 10 you................................................... 121. $ '2b ~~~~,:;......;..~.~~~,~~-~;:J~~~=~ $ _.:::~ .;., . ..c~-:,<..........~~ai.~l..:....;~I.f..i".j~~ 12c Amount 01 U". " you want to Don8Ia to thl WIld RMourcI ConMrvation Fund........................ 12c $ : ~.: .. ~ .':_ :.~.:.~.::D...J:...~t.~.~.;:-~~~-~.::~~:.-r.~'f':',.:cJ 12d Amount 01 LlnI11 you Mnt to ~.~ ~ ~~"~~ ~~_~t..}!..~.~,,~~~~.~.~i $ The TOTAL Of Unee 12.. 12b. 12c AND 12d MUST Eaual Line 11. ". ,.. YOU. am... U.......... II .......1 ,... ............... _....1....__ WI,........ II .b.,l. ~...................... ..I.......... II hi. cm.a........ "bur SIgn.1 A Oal' u Your Oecupauon .,~, fI~j .rv"'M oall Spou.... OceupaUon . . Sf r r , 5"1 1 I r r , __...7~~~~~!'!.:!.~. ._.-;J:'::"'J.-.iz.;..r:...~ let 1UF\,.wI...MUrramPASchedl.M8P.PIrt.ln-~..'~,.4:.~;.v;- :-,~.- .~..."':.;t.:.;~ '" j . " '..i _ . I :~. _..~~~;\"":~..,_l;::;~~jtL. - - .. --.....-.- ~ .-.-'...lo'''''........,;,;;oa;I . 1btaICrIcIt8Iind~I~*I'" :tMt..n.e. TIftd~...~~....t..~;:,; ~~ .~. .-.... ~-,::,,,:,-=-:;~::~."..-'.~':,,:-:-.:::...-=---:~-'.' . . r , r r r , r IE SURE YOU lAND YOUR SPOUSE] SIGN. CHECK AU MATH. AlTACH ALL SCHEDULE! AND FORM I. Prepare", Nam.: ".,7 r r , r I?~ slf ~o3 l.(s3 , r , 'f 0 0 , , , , r If 0 0 , r s 3 , , r , . o 0 00 o 0 00 o 0 00 o 0 o 0 o 0 . . . . . .. . . . 00 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 . . . . . . . . -.A, \ . .. ;:::~:.:.::_ ALLOWABLE EMPLOYE BUSINESS EXPENSES Employw'l Nam. EmpIoyo,'. - 1995 Name(I) .. Ihown on your PA~ ~m: DHctlbe lhe Ouue. 01 the Job kI Wh6ch You I~ TheM EapenIH PART A: UNION DUn (N.... ond _nl) A PART S: WORK CLOTHn AND UN_ I_lrod u . _ 01 .mpioymtnt ond not .ullOblo 10, _y uHI S PART C: llIAU. TOOlI AHD IUl'I'UU (Roqultod u . _lion ., omploymonl ond not provldod by Iho .mployorl C PART D: PROnallONAL LICIHII PIlI, IlALPRACTICIIINIURAHCI! AND FIOIUTY IOND PRIIIIUMI D (Roqulrod U . __ 01 your omploymonll PART E: TRAYn AHD MlLIAaa (F..... _ form 1101 01 PI. Schodulo UE.I-Ioolnouvc:tlono) E TOT AL EIIPLOY~ IUIlNUllXPlNln Add POlIO A ",",ugh E. Em.. h... ond on Uno 10 01 PMOEZ 1 b PLEAlIE PRINT ALL INFORMATION Naml(l) .. lhown on )'OU' PA-tOEZ Rltum: SPECIAL TAX PROVISIONS SCHEDULE I 1995 '-....oIl.U ..... 'A DD~ 0# MYIMII BoIot. you con comploto IhIo och_lo. you MUST oompIot. Iho SP WORKSHEET on _ 15. PART I. CertlflcollDn of Eligibility: I (ond my S_H) hove rood lho InalrucIJona ond coruty Ihol I om (01 we oro) ollglOlo lot Tu Forg_: Soc:1lon A: Filing .1 "S", Slngl. or "M". Msrrlld Filing Sopar.l. IIetum 1. 0 I toOlly I por1Ol1Illy orovldod 0I1ou1 _ 01 my own T.... Support In 'M ond 1 om .1lgl0l0 lot Till ForgIvonooo. If filing I'M", Mamed Filing Separate Retum enter your 'pouM'. Nam. and Sodal security Number I I 2. 0 I torllfy th.11 ... . do_I 01 . po.... _ II ollgIOIo lot Till Forv-. I om Doing cloImtid u . cIoponcIont on Iho Ponnaytvlnlo tu return 01: Nam. and 80daI 8ecurtty NumbW I I 8_ SocuI1ty NumOor: I I PLEASE PRINT. Socllon B: Filing.. "J", M.rrtld ond clolmlng Tn Forglv.n... Jointly 3. 0 I .nd my IQOUH COIttly Ihol we oro loch ollglOlo 101 Till Forglv..... ond oIocl to nlo I Joint PI. _ulo SP. 10100 UH W. ...1.. If you hlo jointly, Out only one 'POU" quallfin lor Ta ForgIven... and the other IPOUM " . dependent with no tuabl. Incom., Soc:1lon C: Filing.. "F", Fln.1 PA R.lum for 0 doceuod Indlvldull Rold tho InlllU<:tlon. lot IhIo nlng ....... I coruty Ihot 4, 0 Th. decedenlll In tllgible Oatmanl or an etIO'bt. Dependent lor Ta F'orgtv...... PUrpoIU. PART II. Number of HDUHhDld M.mbers for Till Forgiven... Purpo...: 1. II arl II ibll for To F ,entl' "1", II AND II 1lI110TH.. l~ and fiU I t claim "J", ani... "2", Olpand.nl'l Nlm. Rllllloneblp &octll SlCurtty Number PA Tuebl. Incoml " you Ir. claiming your apoull U your deplndln1, compt... Une 2. "Both D' you I,. 116g1.. and you are nil", Jointly, DO NOT COMPLETE UN! 2. 2. . OND ;00 o YES ONO 00 o YES ONO lOO o YES ONO ';'00' o YES o NO ~OO o YES OND ~ ). Enler the InformlUon for .1ICh d....ndlnt chUd claimed below. Inter the number c"lmeet here, . . . . . 4. Total Number of Hou~d llemberl. Add Unn 1. 2 Ind 3. Ent" hi,. and on LIne .. of your PA-tOEZ. See InatructJon., PART III. Celculellng Your Till Forgiven... Credll: ,. EUQIBIUTY INCOME from Une 1201 )'OU, 8' WORKlHlET. It Ultng filing ltalul "Jot and clalming Ta Forgive"," toIntty, ent., the TOTAL (JOINT COLUMN) Eligibility Incom. for You.net Your Spou... II uitng lilIng ItalUI "S" Slngll. Of "II" Married Filing Separall R.lum. Of "F". o.clU4ld, Final Allum. entIf 1M EJ~blJity Incornt lrom YOUR COlumn. 2. TAX LIABILITY lrom Unl 5 or YOU' PA-tOE%. 3. PERCENTAGE OF TAX FORGIVENESS Irom 1M OglbUtIy Income rlbll on plge 17, SM Inllructlonl. .. AMOUNT OF TAX FORGIVENESS CREDIT Mulllply Unl 2 by Unl 3 and enter th. rllull h.rl Ind on Une 8d 01)'OU, P"'~oez ~OQ 2 00 3 . . 00 ". NORMAN J, HOCKENBERRY 50 LONESOME ROAD 717-7711-7230 NEWVILLE. PA 17241 '- . :- 11-80 . "';-"';:;~'~ . . 155 ....4. ....... ......... .. t .. .-. '. ;~n ~J.~;>~.~F . :~::: ~$; 5','20. : ~--~. '. "-. 0 oLLARSIllEa':' 5090 . .~ . I PAYlOTHI 0IlDEIl , ~ I N I . . ..'~",,"; ^ _. .", ., , .. .: B U 751;301: oema5 HI; i!11" 0 ~5 5 -- , \ . NORMAN J. HOCKENBERRY 11-80 50 LONESOME ROAD 717.778-7230 ....11 -, ~.- F i ~&" e:;riMA., ~~. ~ I/:;"~ i ~)) .)I.fil;t,~~~ lUJ.. ~LLARSIII~; I . ~. ~,8.~. .: B U 751;301: OQOa5HI; i!1I" 0 ~I; 3 163 -- Q. , EXHIBIT I 3 . JOHN H, BROUJOS HUBERT x. GILROY CHRISTOPHER C. HOUSTON BROUJOS, GILROY & HOUSTON, P,C, AlTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717.243-4574 717.766-1690 FAX: 243-8%%7 May 30, 1996 E, Robert Elicker, II, Esquire Divorce Master II N. Hannver St. Carlisle, PA 17013 RE: Holtry VI. Holtry Dear Master: Our Motion for a Master checked off divorce and in paragraph 3 slated the grounds, including indignities to the person. Plaintiff wants a divorce and Defendant has advised Plaintiff he wants a divorce, which can be confinned by his counsel. There should be a consent decree. slm LAW OFFIceS HAROLD S. IRWIN, III ATTORNEY-AT-LAW 38 SOUTH PITT STREET CARUSLE, PENNSYLVANIA 17013 HAROLD S. IRWIN. '" HEATHER A. BARBOUR PAIlAUOAL RE: 1I0LTRY No. 96-449 Civil Term Dear Bob: 717-243-8090 717-243-9200 'AClJMU Tracey just called today to schedule a Master's conference for July 29th in the above matter. Mr. Droujos' filing for a Master is premature, as I \ndicated in my pre-trial memo. I would have thought that the date of July 29th might have worked in this case anyway. However, I have now received a set ofinterroga\ories from John in this case. In short, the case is apparently nowhere ready to be sch.eduled with the Master as appraisals have not been completed and obviousty John wants to engage in extensive discovery. This could have otherwise been a rather simple case, but. of course, upon my receipt of these interrogatories, I will plan to follow suit. . Please advise. IISI,III JEVVRE\' A 1I00,TR\' 165 VRYfOWN RD CARLlSI.E fA 17013 JOliN II DROUJOS '.oiQ CINDY E. HOLTRY PlaIntIff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA VI. DOCKET NO. 449 CIVIL 1996 JEFFREY A. HOLTRY Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff Cindy E. Holtry moves the eourt to appoint a master with respeet to the following claims: (x ) ( ) ( x ) ( x ) Divorce Annulment Alimony Alimony PendlLite Distribution of Property Support Counsel Fees Costs and Expenses ( x ) ( ) ( x ) ( x ) and in support of the motion states: I. Discovery is complete as to the claims for which the appointment of a master is required. 2. The defendant has appeared in the action by his attorney, Harold S, Irwin Ill, Esquire. 3. The statutory ground(s) for divorce are irretreivably broken and indignities to the person. 4. Delete the inapplicable paragmph(s): (a) +he aetion is not contested. (b) -An-agreement-has been reached with-respect to the follewing claims: (c) The action is contested with respect to the following elaims: All checked above. S. The action involves complex issues of law or fact. 6, The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: obtain information on pension program(s). Date: May 13, 1996 ORDER APPOINTING MASTER ANDNOW.M-()..t; I) ,1996, (:::".R.(,e~r=L-/C((~SqUire,is appointed master wi respect to the following claIms: B/!d;;; r;-~ J. , ',". ! __411 lMPLQrUHAM. - - . ~~;~.:~:';:o~ 3 O:.;;o;;~~ HOLTRY, JEFFREY A "AT'/IALAMl ~OO~. 92 REGULAR PAY BONUS LIFE INS ,TOTAL PAY , . PA ~o159.11 .00 6.96 ~, 166.13 ." ; I , I !, i', " i ~:, ,', 1,220.98 3,84'.01 285." "0.16 200.'1 23.49 10.00 3,160.00 380.00 45.64 400.99 '00.00 ',850.11 .:...;:.>. ~-.... . ...., . ,:to . "'i:'f!(., :~..; ",.' . '" --- LEA R COR P 0 RAT ION S COR P --- , HAROLD a IIIWIN, III AnOllN1IY ID NO. zeno :llIAIT HIGH ITUIIY CAItLIILI! 'A 1701:1 (717) ~..o AnOllN1IY 'OR DI'INDANT CINDY E. HOLTRY Plaintiff v. ,: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JEFFREY A. HOLTRY, : NO. 449 CIVIL 1996 Defendant: IN DIVORCE CERTIFICATE OF SERVICE I, Harold S. Irwin, III, hereby certify that I am serving the Defendant's First Set of interrogatories and Request For Production of Documents on Attorney John H. Broujos, counsel for Plaintiff, whose office is located at 4 North Hanover St., Carlisle, P A 17013 . by depositing a copy of same in the United States mail, postage prepaid, this .16- day of A r/ j or:' ~i 998. idGu-71- Harold S. Irwin, " .... f t:; ..: ..... ':. .... ,.' , ("'"; I'. , " , . } ~ : .. , . {or: , , c~ l.L ,..,; ..J " j c '- "-' 1.1. c:l :-j CJ c U , e , .. '.' .. CINDY E. HOLTRY IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY. PENNSYLVANIA Plaintiff v CIVIL DIVISION. LAW JEFFREY A. IIOL TRY NO. 449 CIVIL 1996 Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages. you must take prompt action. You arc warned that if you fail to do so. the case may proceed without you and a decrcc of divorce or annulment may be entered ngainst you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground~ for divorce is indignities or irretrievable breakdown of the marriage. you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse. Carlisle. Pennsylvunia. 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 TJIIo:M. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 1)0 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR n:U:I'1I0N..: THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET U:GAI. HELP: Cumberland County Bur ASSllciulilln 2 Liberty Avenue Carlisle. PA 17013 717-249-3IM .., '..' CINDY E. HOLTRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL DIVISION - LA \V JEFFREY A. HOLTRY NO. 449 CIVIL 1996 Defendant IN DIVORCE AMENDED COMPLAINT Plaintiff Cindy E. Holtry by her attomey, Broujos, Gilroy & Houston, P.C., sets forth the following: 1. Plaintiff, Cindy E. Holtry, is an adult individual residing at 165 Fry town Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Jeffrey A. Holtry, is an adult individual residing at 165 Fry town Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona tide residenl~ in the Commonwealth of Pennsylvania for at teast six months immediately previous to the filing of this complaint. 4. The parties were married on June 19, 1977 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties in this or any other jurisdiction. 6. 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. . . .. COUNT I . INDIGNITIES 7. In accordance with Section 3301(a)(6) of the Divorce Code, the marriage between the parties is irretrievably broken; Defendant has caused the Plaintiff to suffer such indignities so as to render her life intolerable and burdensome. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. COUNT II - EQUITABLE DISTRIBUTION ll. Paragraphs I through 7 of the Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff and Defendant have acquired property, both real and personal during their maniage from Jlme 19, 1977, until the present time. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III - ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS, AND EXPENSES 10. Paragraphs I through 9 of this Complaint are incorporated herein by reference as though set forth in full. II. Plaintiff has employed counsel, but is unable to pay the necessary and rea~onable attomey's fees for said counsel. . .. ... 12. Plaintiff is unable to sustain herself during the course of this litigation. ]3. Plaintiff is also entitled to alimony, because of the substantial income and earning capacity of the Defendant. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony, alimony pel/dell/e lite, interim counsel fees, costs, and expenses, until final hearing and thereupon award such additional counsel fees, costs, and expenses a~ deemed appropriate. MAY ]9, 1998 I. BROUJOS, SQUIRE EY FOR PLAINTIFF BROUJOS & GILROY, P.C. 4 NORTIf HANOVER STREET CARLISLE, PENNSYLVANIA 17013 7]7/243-4574 OR 7171766-1690 FAX #717/243-8227 " .., , . .. 1 verify that the statements made in this pleading are true and correct. 1 understand that false statements herein are made subject to the penalties of III Pa.C.S. Section 4904 relating to unsworn falsification to authorities. May 19, 1998 ~G'iid-J'O . ,. I' I' (...' ,- " \..) ~ .:J ~ ,- .. :'5~ 11.(2 - Ch;. <.. ~- ~.-, :.?: /te. e.;,: 91:; I}$! (.' .."1" ~ 'j" L; a~.. I '.j,;~ Lo.j'" '...-..... ll:\. >- it.l) "'~ ~r:: fL. I.: :J: It. 0. :.3 Q e,. U "- ". CINDY II. HOLTRY, Plalntl" v. I IN THII COURT OF COMMON PLUS OF I CUMBIIRLAND COUNTY, PIINNSYLVANIA I CIVIL ACTION. LAW I I NO. 98.449 CIVIL TIIRM I IN DIVORCII JIIFFRIIY A. HOLTRY, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed In this matter on or about JAA-V7 / ?9C. 2. The marriage of plaintiff and defendant is Irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, May J'I, 1999 ~~7 C~7-. JEF~ . ~01TRY . ~ C) ~ \r. ..... ,- N :~)~ '{j(") ....)z: -T ~~-~J :c 04: It-~ n.. r:l~ ~t., .: /. ,,: ':J-'" a:~' , '~{i ffi :;!: ~ rOo.. -- F. ..J: ll_ Cl' :;) 0 Cl' C'J . CINDY II. HOLTRY, Plaintiff I IN THII COURT OF COMMON PLIIAS OF I CUMBIIRLAND COUNTY, PIINNSYLVANIA I CIVIL ACTION. LAW I I NO. 98 ' 449 CIVIL TIIRM I IN DIVORCII v. JIIFFRIIY A. HOLTRY, Defendant WAIVE~ Of t:l9TIS;E OF INTENTION TO BJ;QUEST ,ENTRY OF A DIVORCE PECREIi YNDER SECTIQN 330~ OF THE I;)IVORCE CO~E 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. understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities. May 4,1999 ~ /j /d:,- JEFFR . 0 RY , ,/ . .....-~. . . .... CI ~ b; In ;'5 .. ~< tLlG N ( -.:,- L")":~ .- 6.?'; ". F.~/ Ci: r")~ ~~~: ~> ..:r - '!n le. I 5z ~,: f.r.-, - " I iiJ 0:11. -- ::::J r"Un. ~: ., """ 15 en S cn U '--~~' CINDY II. HOLTRY, Pie Inti" v. I IN THI! COURT OF COMMON PLI!AS OF : CUMBI!RLAND COUNTY, PIINNSYLVANIA I CIVIL ACTION, LAW I : NO. 98 - 449 CIVIL TERM : IN DIVORCI! .JI!FFRI!Y A. HOLTRY, Defendent DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, 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. understand that false statements herein made are subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities. May /9'1 ,1999 ~.c/~ JEFF . H9i?rRY . . .' >- Cl ~ 1J'-; &r. ~ N ~)..,. UJ~ ) -, '') =-;. ~t:') :c ( ,~. -...... ff~1. c... t.1>j ~(:: ~ "~ [,. .. ( !:!:j"- I .:Jz loJ ::z: fMi D:i!: :::> t110.. -. -, a 1.1- O'l 0 O'l