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HomeMy WebLinkAbout96-01598 J J c.... ().. '" ~I ~, 0'-1 ~ i f i j I \ " /' / ; . " ~~----~-~---~~------>---------~ 8, .' . . -. -- ----'-- ___~________~_v________.___~____.___ 8 . . .' ~ . IN THE COURT OF COMMON PLEAS ~ . ~ ili OF CUMBERLAND COUNTY ~ ili ~ . il' _ . ~i STATE OF '..,,; ~';r' PENNA. ~ l!Ii ~ I 81 * I ANN E. HOFMANN .' 96-1598 ~ .1 l';ll. 19 ~ .1 V"I',;II.; . ~ \ OTTO F. HOFMANN ~ ~I . 81 · 8, * *1 ~ *1 DEe R EEl N : *! D I V 0 R C E · 8 * tl AND NOW, ...., A ,.a,,, i ,I.. .2. ~l.. ......, 19, ~?..., it is ordered and * i ,- ~ . decreed that.. . ..~~N..E:, ~,~FM~~,~.. .... .. ... ..... .. . .. ... ..,. plaintiff, : 8 and ' , , , , , , . , , . , , , ~,~~~, ,F,', ,H~,F,~ANN. , , , ' . , , , , , , , , , , , , , , . , , , " defendant, ~ . are divorced from the bonds of matrimony. ~, . The terms of the Marriage Settlement Aareement entered into by , . the parties on March 26, 1999 are iqco~p~rated herein, bu~ ~ot merge . 8 The court retains jurisdiction of the tollowing claims which have . '" been raised of record in this action for which a final order has not yet . ... . '" bee.. entered; 'l' . * ,.", '" ,. ,..'"""""""""" ~.' .........................."............. II 8 ........, ""....,............................... . * . . - a : ny The {':I:;;.: '" J. 'l' t . i . Prothonotary . "___"__ '''''_''-'__ -,,,.,-,. .,'. . -- .. .. .. .. .. .. . ."...v...., 'M ~~~-~-~~--~-~~~.~.~.~,*.~..~,.~.~..~,~~~~~- JUOI I. HorMlUlll, I IN THE COURT or COMMON PLIAS PLAINTIFF I CUMBERLAND COUNTY, PEIIHSYLVAlfIA I NO. 96 - /.1" v. I CIVIL TERM I OTTO r. HOl"MJUl)f, I IN DIVORCE DEn.DAlfT I COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Ann E. Hofmann, who resides at 2870 Central Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is Otto F. Hofmann, who resides at 2870 Central Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 6, 1981 in Meadville, Crawford County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 5. There have been no prior actions of divorce or annulmenc between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed services of the united States or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests t.he Court to enter a decree of divorce. COUJIT II B~UITABLE DlSTRlBUT10H 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. 13. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT III ALIMO.Y PE.DE.TE LITE AXD ALIMO.Y 14. Paragraph 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 15, Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite and alimony in her favor. COUNSEL FEES. COSTS AXD EXPE.SES 17. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 18. Defendant earns in excess of $85,000 gross per year and has assets which have not yet been ascertained. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, ( k)l ---UL\-' ," " '. Jan. L. Bro n, Esq. Attqrney No. 67993 84SSir Thomas Court Suite 9 Harrisburg, PA 17109 (717) S41-SSS0 ATTORNEY FOR PLAINTIFF ---- Dated: \ (II \'If,l, .- i'fIIlI UJI B. HOrMAJIII, I II 'rHJ: COURT or COMMOI p~ 'LAIITIrr I CUMBIIlLAJID COUIITY, 'BnSYLVUIA I Y. I 10. 96 - 1598 CIVIL 'rBIUC I 0'1'1'0 r. HOJ'JCAmI , I II DIVORCB DlnlDUT I ACCBPTUCB or SERVICE I, Otto r. Hofaann, accept service of the Complaint In D1Yo.c. in the above captioned m~tter. Dat.lIs M4~~ 'lIP 14ql } 0<fJ#&b 2870 Central Avenue Camp Hill, PA 17011 DEFENDANT '>- \D ~ c; c:: 1--': -', <( ...)C:} C"': )::-. () ~.~ :r.: t .,..:~ ( ." p--! c.. .)~:~ 2:' ~ i r- " [I) I 'j-' ~. ,f, t..-:-.. f'" tf"J ~~..j "- " 0.. , , '"'l ~ ::;, m Cf> (.) -- --' . .,.. \0 C: rr; c::; ;s .' A ..I.,or .~~ I '::J . ~'" , ,.... '",'" l'::~' - .:.. !~ 2:;;- r- ':"-' " I lj% L.l.'v '-'~ ;.>' c!!: c.; '''J c... JI(!.. i q a t,~. en 0 en . ~ >- 0:...1 '1"; ~.~ r , lI' e' ft',- \ c ' Lt'. L.: r! ~ : " - C,., '- >- 1'"' u; -. ~, u'\: '- <.J; &: .' L ~' ,-', , " rt\. r .... F' :. II, C/, Ci (,.;'. '* OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreel Carlisle, PA 17013 (717) 240.6535 .. Rolle,. .lIcker, II Divo,ce Maste, Tracl "0 Colyer Otllce Manaoe,/Reporte, Jan L. Brown Attorney at Law 845 Sir Thomas Court, Harrisburg, PA 17109 West Shore 697,0371 Ext, 6535 August 5, 1998 Samuel W. Milkes, Esquire JACOBSEN & MILKES suite 11A 52 East High street carlisle, PA 17013 RE: Ann E. Hofmann VB. otto F. Hofmann No. 96 - 1598 civil In Divorce Dear Ms. Brown and Mr. Milkes: I am writing in response to Mr. Milkes' letter of August 1, 1998, advising that the parties have been separated for more than two years. I expect Mr. Milkes will be tiling a 3301(d) affidavit which will set forth the date of separation. Assuming that there is no disagreement on the date of separation, which apparently was more than two years ago, grounds for divorce do not appear to be an issue. Therefore, I am directing each counsel to file a pre-trial statement in accordance with P.R.C.P. 1920.33Cb) on or before Friday, August 28, 1998. 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 Cd) 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. Office of Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 JAN L. BROWN ATTORNEY AT LAW OLOE ENGLISH GAP 845 SIR THOMAS COURT SUITE 9 HARRISBURG, PA 17109 ,'c-r-"""~'~----- ..,,,""'-;' \; .t , .. 't' ' ~' . ".r;) " . . , t",. ~ ,;'::0.., . " , , : " , ~ ul r-. \;': ", ,- c-~ , c' ut. '. u- ::::. e:~. ~~,', .... , , , , ' en tJ:..:,v I t.:1 ;;-:'1 .' f- . " ..... :1 ~ c' "" " .., ANN E. HOFMANN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 96-1598 OTTO F. HOFMANN, Defendant/Petitioner IN DIVORCE ORDER OF COURT RE for Appointment 0 AND NOW, this 1997, upon intiff's Answer to Defendan~ls Motion presentation of t refused. aster, th, ~ Motion for APpotnt,ment of Mas f\ -t/\-'l/( ~~\ BY\THf COURT, F' /1' ~ '\.,\e l \, \ - 0.--/ , "'. n. (. (.: ", , (.:~ 1 - LJI' (l p,:- , ( ): . hi ('.j ,;":', : '., ~ ;1- , r- " ( ) ,,., (J Cll o ~ ~ t:: ~ ~ Z5~ ~ ~ ~ II O::J i'.; II 0: 0 Z '! m u Z :; .q ~ ~ Z ~ c; .... c( ... II: -'''':l Vi $ = ii: . ~ .. . .,rY .."),., . . VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 1598 CIVIL ~~N E. HOFMANN, Plaintiff OTTO E. HOFMANN, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, November 30, 1998 Present for the Plaintiff, Ann E. Hofmann, is attorney Jan L. Brown, and present for the Defendant, otto F. Hofmann, is attorney samuel W. Milkes. A divorce complaint was filed on March 25, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel for wife is not certain whether or not her client will provide an affidavit of consent; therefore, if it is determined that Ms. Hofmann will not sign a consent, then Mr. Milkes will file an affidavit under section 3301(d) averring a separation in excess of two years. The complaint did not raise any economic claims. On December 26, 1996, an amended complaint was filed by the Plaintiff raising the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. After discussion with counsel, it was decided that the parties need to discuss further with their counsel whether or not they wish to pursue any testimony on the factor of marital misconduct. Therefore, the Master will allow counsel thirty (30) days from today's date to advise whether or not marital misconduct testimony will be offered at the hearing. If testimony is to be offered then counsel are to provide each other with a list of witnesses who will be testifying on that factor. If no indication is made to the Master that marital misconduct is going to be pursued within the thirty (30) day period, then the Master will not hear any testimony on that issue. The parties were married on June 6, 1981, and separated June 1, 1996. They are the natural parents of three children, two of the children are still minors, Eric, born February 20, 1984, and Elizabeth, born September 11, 1986. Both children are in the custody of the mother. Wife is 43 years of age and resides at 2870 Central Avenue, Camp Hill, Pennsylvania, where she lives with the two minor children. She has college credits but her counsel does not believe she has a degree. She currently is working at Country Market Nursery in a sales position. Her biweekly n~t income is $463.01. She receives child support in the amount of $1,042.00, spousal support in the amount of $809.00, and $244.00 on account of the mortgage payments. These payments are paid on a monthly basis. Wife has not raised any health issues. Her health insurance coverage is through husband's employer and wife will perhaps want to continue the benefit through husband's employer by way of COBRA; therefore, husband is directed to provide a statement showing the costs to wife of those benefits. Husband is 49 years of age and resides at 2906 Chesterbrook Court, Apartment 608, Camp Hill, Pennsylvania, where he lives alone. He has a Juris Doctor degree and is currently chief counsel for the Pennsylvania Rural Electric Association. He has a gross annual income of $98,000.00. Mr. Milkes is going to file within two (2) weeks of today's date a current income and expense statement showing husband's net income for a pay period. Husband has not raised any health issues. The parties own real eatate at 2870 Central Avenue, Camp Hill, where wife is residing with two of the children. Wif, has indicated, through her counsel, that she wishes to remain in the property at least until the youngest child begins attending college. The property, therefore, should be appraised so that we can determine the value for purposes of equitable distribution. There is a first mortgage against the property in favor of Harris Savings Bank with an approximate payoff of around $29,000.00. That payment monthly is $875.47. The home is also subject to a lien of a home equity loan. The payoff on that loan is around $14,000.00 and the monthly payment is $297.69. The parties have a 1987 Taurus vehicle which wife ~urrently uses. The vehicle is to be appraised in order to establish a value. Husband had a 1983 Chrysler New Yorker which he claims was given to him by his parents and was nonmarital. If counsel, however, disagree with the nonmarital characterization, then a value should also be placed on that vehicle. There is some dispute over the amount of money in the savings, checking, and money market accounts. According to the information available today, there was around $330.00 in the savings account which the parties distributed equally between themselves. Husband claims that there was $2,015.00 in the checking account and $l,553.00 in the money market account and asserts that wife received those funds. Documentation should be provided for these accounts so we can determine the amount at separation and also then continue our discussion as to who received the funds. Attorney Brown has pointed out that according to information she received from her client, husband may have had another account (checking account) in his name only. This issue has been raised in interrogatories propounded to husband from wife. If such an account exists, then information should be provided to wife as to the status of that account and the amount in that account at time of separation. Husband worked as counsel for the PUC for a period of time prior to his present position. He did not, however, vest with the Commonwealth of Pennsylvania in the retirement plan but did make contributions during his tenure with the PUC. Those contributions would be marital and Mr. Milkes is going to provide documentation as to the current value of that investment that husband made as a result of his contributions to the retirement fund. The household tangible personal property is noted on the pre-trial statements and according to husband he received approximately $2,000.00 and wife received approximately $10,000.00 worth of property. Wife, however, apparently is disputing these amounts claiming that husband removed a substantial amount of property from the home and that she thought perhaps that each party would retain what he or she received without the need to have a value placed on the property. However, if the parties disagree on what property each received and the value of that property, then an appraisal will have to be done. The Master suggests that perhaps the parties make a list of what each has received and counsel can determine whether an appraisal is appropriate. According to the pre-trial statements, husband paid approximately $3,000.00 of debt that was due at separation and wife paid a minor amount of money on account of that dtibt. There is no specific information available as to the creditors and what was paid by either of the parties. Therefore, the Master requests that verification be provided as to the marital debt at separation and how that debt was paid. Mr. Milkes has suggosted that there may be an iaau. as to wife's earning capacity in view of her educational background. If that issue is raised and Mr. Milkes decides to have a vocational expert evaluate wife's earning capacity, he should do so at least two months prior to the hearing and provide a report to wife's attorney. A hearing is scheduled for Thursday, April 22, 1999, at 9:00 a.m. If the parties determine that they want to offer testimony on the factor of marital misconduct then the hearing that day will be devoted to that testimony. otherwise, the hearing on April 22, 1999, will be for the purpose of hearing the testimony on the factors of equitable distribution and alimony, other than marital misconduct; and the identification and valuation of assets and the claim by wife for counsel fees and expenses. Very truly yours, E. Robert Elicker, II Divorce Master co: Jan L. Brown Attorney for Plaintiff Samuel w. Milkes Attorney for Defendant ANN E. HOFMANN, Plllintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. OTTO F. HOFMANN, Defendant NO. 96-1598 IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Amended Complaint in Divorce for the above matter on behalf of Otto HOfmann, and certify that I am authorized to do so. dq(1~ Dat Samuel Plaintiff never agreed to pay any of such costs as at the time she was making less than minimum wage and working at various part-time jobs. (dl Admitted. Defendant has been making payments to assist Jennifer's college expenses although Jennifer has stated that Defendant could reduce the amount of his payment. (el Denied. Plaintiff never aqreed to making the first and second mortgage payments totaling approximately $1,145 as part of the parties I separation discussions. Plaintiff believes and therefore avers that Defendant ~ her that it was hill: sole responsibility to pay the first and second mortgage payments. plaintiff, however, did not agree and was unable financially to be responsible for payments of the first and second mortgages. Pending the support conference, plaintiff made payments in order to avoid foreclosure, late payment penalties or have an impact on the parties' credit rating. Furthermore, Plaintiff had stated to Defendant and the parties bad agreed that plaintiff would be staying in the marital residence for the benefit of the two young children, so they could continue living in the neighborhood and attending the schools they have attended since beginning school. The children had been living in the marital home for nine years and it was agreed they would continue to do so after Defendant left. plaintiff believes and therefore avers that she repeatedly discussed her staying in the marital residence with the children with Defendant, and never agreed to selling the marital residence. ~ -- "" ~- ~ 9 :' ~ i -1" ~~~ ) "~; [1 )..' .~ - ::':" ~E ~t oj '- CO ~ ; 11 I, . ~ ::_; 11: :; , . ' :'J;",1 f!~ ., --, ~ r- :.} 0' u Cll o ~ :! ~ OJ ~ Z5~ ~~~ll O::J ~.. m B z ~ . , ffi ~ .J i A. .. Z 0 . ~ ..;:rC) .... ~ II: -'''':l Vi ~ : ~ ~ .>-..._c_' ,i!..~A:.\'_::~ d ,.f.,,,'> "---,,.. ,--,- ;~Ji!i~,!fj'i-,:.::~: . _ _ _ _ __ _ ,.. __ __,-_ __. ' ;__~:_f-~~_:,,"';:' . "-'''~ , ," _..I. " , t.\ , li I , i <{ t " , ~ !: , t J I j " '~ . r . , I I, 6. The parties separated, at wife's request, not due to any wrongful conduct on the part of Otto Hofmann. 7. In connection with discussions over their separation, the parties agreed to a number of issues before the time of their separation. For example, they agreed 1UI follows: a. The two minor children of this marriage, Eric Hofmann, born February 20, 1984 and Elizabeth Hofmann, born September 11, 1986, would live with Mother, after Father moved out of the home. b. The parties would share legal custody of the children and a primary and partial custody schedule would be worked out between them. Since this time, II stipulation for custody has been entered into by the parties and has been formally adopted as an October I, 1996 Order of Court. c. The parties would support their college age child's higher education pursuits. d. Since their separation, Otto Hofmann hlUl been paying such college expenses, including room, board, and tuition costs of Jennifer, amounting to $600 per month toward said expenses. e. Prior to their separation, the parties had some discussion about whether they could afford to support two residences through their combined incomes. In connection with this discussion, and with the understanding that an agreement had been reached, Otto Hofmann then moved to his current residence. The understanding WlUl that the parties had agreed 2 that if they were to avoid the necessity of selling the home, and if Ann Hofmann wished to continue residing in the home, she would continue to be responsible for the first and second mortgage payments of $862 for the homo equity loan and a primary mortgllie, resulting in total monthly payments of $1,160.25. Otto Hofmann would pay reasonable support. 8. The net monthly income of Otto Hofmann is $4,498. The net monthly income of Ann Hofmann exceeds $1,000 per month. 9. Since the separation of the parties, Otto Hofmann had been making voluntary support payments pending the result of a Domestic Relatioll!l Conference and is now making mandatory support payme'-lts through a Domestic Relations Order. Prior to the entry of the Order, Mr. Hofmann made voluntary payments, alljusted to his level of income, and most recently at the rate of $853 per bi-weekly paycheck. 10. In connection with the Domestic Relations Conference held in this matter, the amount of support for Mr. Hofmann to pay was alljusted upwards in part due to the firl/.t and second mortgages described above. 11. The respondent is unable to pay the costs of maintaining two households through upward acljustments of his support obligations under the present circumstances and requests this Honorable Court to direct that the residence be sold in order to allow for satisfaction of the above described mortgages. WHEREFORE, for the above reasons, the Petitioner herein respectfullyrequesta of this Honorable Court that it direct that the marital residence be sold through a mutually agreed upon realtor at a reasonable sales price recommended by that realtor, 3 J ) - , -- :) , ;; ...9 T , ,- I u , r:r -S: -S " r6 ~ ? - J ~ 0 j ;J --.j ~ -', ..~ Sl.,' ~i ........ -II I'J ....... :: 1 J t' CF;,~(1I'MW q.; r~r. 'J ri'\ 4: oS c'....:.~t\-,.. ,...:. I. _........1.'. fliNt.5{\')ii'.l'Ii.\ .. ~ f -.--A ! children. Whoever notifies the other first in writing takes priority as to date and scheduling of vacation. 6. The Christmas holiday will be divided into two segments. Segment A shall be December 24 at 1 p.m. through December 25 at 1 p.m. Segment B shall be December 25 at 1 p.m. through December 26 at 1 p.m. The parties will alternate Segments A and B with Mother having Segment A in 1996. 7. Parties agree that parties shall have custody on alternating holidays, Easter, Labor Day, Memorial Day, July 4th and Thanksgiving. The party who does not have custody of the children on Easter and Thanksgiving will have the childre~ for a two-hour period on each of those days. The time period for those holiday visitations will be from 9 a.m. until 8 p.m. 8. The parties agree to share transportation. 9. The parties each agree that the other parent shall be allowed reasonable telephone contact with the parties' children while in their custody. Reasonable telephone contact is defined to be one telephone call per day. 10. Mother and Father agree not to make disparaging remarks about the other party to the children or in front of the children; and further agree to attempt to refrain third parties from making such remarks. 11. Nei ther party shall abuse alcohol, use drugs or smoke cigarettes in the same vehicle or household when they have custody of the children. 2 ~ ... , " " . LAW __ICIII 011 ' , ,.<<.-.... . .~...d l' (~..~._~ .. . (1\'7)"- ...)", , \ ., \ . Al . 1l \' I , .. f , . Summary of September 1996, a portion of the support amount is allocated toward mortgage payments on the marital residence, occupied by Wife. Husband also covers medical, dental and orthodontia. The parties also have an adult child, Jennifer, for whom Husband continued to pay substantial amounts of college-related expenses until her graduation in December 1997. Defendant marks on the list below those itema applicable to the case at bar and itemizes the assets on the following pages. (x) 1. (x) 2. (x) 3. () 4. (x) 5. (x) 6. (x) 7. () 8. (x) 9. () 10. (x) 11. (x) 12. () 13. () 14. () 15. () 16. () 17. (x) 18. 0 19. () 20. 0 21. () 22. () 23. (x) 24. () 25. () 26. Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businesses (list all owners including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits- severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits . . , Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute Other: Value of education received during the marriage MARITAL PROPERT'{ Defendant lists all 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: Item o..criptlon or Property Name of Value Lien. or Date or No. Owner. Ellllumbranc... Valuation 1. 2870 Central Ave" Camp H&W $1110,000 Firat Mortll"lI8: 8198 HiU, Cumberland Co., PA. $30,000 Home Equity Loan: sa,OOO 2. Retirement annuitiee and Not N/A N/A NIA penaiona. applicable S. Savinp Account, checking W E.timated value.: None 11196 IIl!count, and money market Savinp-$292 IIl!count Checking-$2,0111 Money Market- $1,11113 4. Automobile.. 1996 Taul'lll Station Wason W 1998 Mercury.poet H 8198 _paratlon II. varioua itema of perlOnal HandW Total Value: property which the parti... Amount allocated to have prevloualy distributed, Husband: $2.000 but which Wll8 allocated dioproportionat&ly in favor Amount allocated to or Wife. Wife: $10,000 6. misc. and jewelry, including W Unknown at thie a necklace, earrinp, time diamond n""klace.. 7. Lite 1118. polioiee- H No cash surrender value EXHIBITS Attached are some of the exhibits which would be offered by Defendant and Defendant retains the right to supplement these exhibits 88 they become available. GROSS INCOME The Defendant's gross income at plesent is approximately $98.000. The Plaintl1rs net income is not known but is believed to be approximately $20,000. PENSION/RETIREMENT Certain pension and retirement plans exist in the husband's name in connection with his tenure of employment with the Commonweaith of Pennsylvania. While Defendant changed employment after the separation of the parties, Wife would have no claim to any retirement which may accrue with this employer. TANGIBLE PERSONMi PROPERTY The status of the tangible personal property in the marriage is described above. The parties put together a list of personal property which they divided. Husband asserts that Wife received more than half of this property. PROPOSED RESOLUTION The Defendant proposes that after an accounting for all marital property, the parties divide equally the maritai property. The marital home needs to be sold in order to raise sufficient capital to allocate the resources. There should be no alimony, given that Wife is able bodied, the children are old enough to allow Wife to pursue employment prospects, and a substantial amount of support is paid by Husband, so that during the time that Wife continues to have primary custody of the children, until they are of college age, her living expenses will continue to be assisted by the extent DR 25377 ANN E, HOFMANN, PLAINTIFF VS OTTO F. HOFMANN. DEFENDANT IN THE COlJRT OF COMMON PLE..\S OF CUMBERLAND COUNTY. PENNSYL VANIA DOMESTIC RELATIONS SECTION CIVIL ACTION. SUPPORT NO, 498 S <)6 ORDER OF COURT AND NOW. this 23rd day of S~ptember, 1996. based upon the Court's dctennination that Plaintifl's monthly net income/earning capacity is S8<)0 per month and Detendant's monthly net income/earning c::lpacity is 54630 per month. it is hereby Ordered that the Detendant pay to the Domestic Relations Section. Court of Common Ple:ls. S2.036,67 a month payable 54;0.00 per week from May 6. 1996. until July I. 1996. and then 52.084,J3 a month payable S481,OO per week until effective July:1. 1996. until further Order of Court. Arre:lrs set at 52.657,00 as of September 30. 1996. arc due in fulllMMEDIA TEL Y. Contempt proceedings. acdit bure::lu reporting. tax refund offset certitiC:ltion and entrancc of a judgment may be held in abeyance as long as Deti:ndant pays 550,00 each week on arrearage, Failure to make the payment on timc and in full will cause ::III arrcars to become subject to immediate collection by all of the meahS listed above, First payment due on or befme October I. 1996. and each week there:lfter, For the support of Eric Hofmann. born February 20. 1984. Elizabeth Hofmann. born September II. 1986 and Ann E. Hofmann. The Detendant shall pay Court costs of 515,00 and service fees of S6.50 within 30 days to the Domestic Relations Section of Cumberland County. Credit ofS7.J56.00 is gr:1l1ted on arre::l\':1ge. arre:lrage noted above includes said credit. Said money to be turned over by the Domestic Relations Section to the plainti IT. P'lyments must be made by cash. check or money order, Cash payments must be made in person. All checks and money orders must be made payable to Domestic Relations Section and delivered or mailed to Domestic Relations Section. 13 North Hanover Street. P.O. Box 320. Carlisle. Pennsylvania. 170 I 3. Each payment must bear your Domestic Relations number tOR 25377) in order to be processed. Unreimbursed medical e~penses for the dependent are to be paid 70% by Detendant and 30% by Plaintiff. The Defendant is to provide medical insu\':1nce cove\':1ge for the dependent through his employer, Within 30 days upon obtaining medical insurance, the Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance eove\':1ge ha.s been made. Proof ot' coveral!e 5hall consist. at a minimum. of: (t) the name of the health care coverage provider(s); (2) any applicable identification numbers; (3) any cards evidencing coveral!e: (4) the address to which claims should be made: (5) a description of any restrictions on usa~e. such as a prior approval for hospitnl admissions. and the manner ofoblaininl,lapproval: (6) a eopy of the benefit booklet or C\lVeral!c contract; (7) a description of all deductibles and copaymcnts: and (8) tive copies of any claim forms, ANN E. HOFMANN. PLAINTIFF VS OTTO F, HOFMANN. DEFENDANT DR 25377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA DOMESTIC REL....TIONS SECTrON CIVIL ACTION. SUPPORT NO. -I9~ S 96 CONFERENCE SlJi'vIMAR Y Dute <)f Conte:rence September 18. 1996 2. FacIs aureed ueQn bv the oanies. Plaintiff present with Jan Brown. Esquire. Defendant present with Samuel Milkes. Esquire. Plaintiff is seeking child and spousal suppon. Derendant agreed to pay spousal suppon. The plainti ff tiled a complaint for divorce now pending in Cumberland County, Litigants have anothcr dependent. age 21. attending college. PlaintilT is working for Country Market carning S6/hr on a liJlltime basis. For suppon purposes. plaintiffs e:lrnings were based on a -10 hour work week. PlaintitTrevealed three additional sources of incomc hused 1m limitcd work that she performs <)n her own. Two sources of income provided gross wages or:s I O.OO/hour rerinishinl! furnitur~ :lI1d landscaping, In 1995. she earned S 1.931. gross retinishing furniture, The third source of income is compensation in kind. no actual money is provided to the plaintiff however she receives discounts on household products used by the family. PlaintilTis residing in the marital residence. She is paying a mortgage ofS8621mo plus a home equity loan of S298/mo. Home equity loan was used to payoff debt. oldest child education. a computer. TV. and credit cards. Both dependents have onhodontic treatments with a cost of S200/mo currently puid by the plaintiff. In addition to working. plaintiff is attendin!l school until February. 1997. in <)rder to be a licensed nurseryman (Iandsc:lping specialist). The defendant is emplo)'ed by the Public Utility C<)mmission. As of July of this yellt. he received il raise of approx. 2 Y,%. Present earnings are approx, S4630/month. net. PlaintilT and dependents are covered under his medical insur:lnce policy. The oldest child attending college is being support by the defendant in the amount of 5600,00 per month of which S 150/mo is to pay on a school loan. P:lrtic:s a!lNed that since the tiling of the complaint on May 6. 1996. the detendant has provided direct support tor S7.356.00. 3. The contentiuns <)f the conies with respect to facts ueon which the v disal!ree: Detendant argues that plaintitl' has addition income besides workini,l for Country Market Nursery, PlaintitTargues that the amount of time spent on <)ther income producini,l vel1lures will be nominal based on working full time plus attending school. Plainti ff argues deviation from the guidelines should be considered due to the high mortgage paymcnt (Rule 1910.16-5 (g)). Defendant argues that he verbally committed himsdt'to l11eet the olde5t child's educati<)n expenses while she attends college and thus he is faced with tinaneiallimitalions to meet expense~ compared to his income, 4. Recommended Order: For support purposes. the detendant's income until July I. 1996. was approxinmcly S.UOO.Oll per month. nct. atier July I. 1996. the defendant's income is S4.630.00. PlaintilT is determined t<) have an earning capacity <)1' S890/mo. net. Secondary source of income to 08/25/18 TVE 21:18 FA! 233 $811 ru" ......,...'" M~~ PO, 1Ioll171' ""'""'"'" P" 17101 MORTGAGE LOAN STATEMENT 5UTlMIHT !lATI: LllIIN ,-Ia, !n,.r..t Sloat.' 07"3/91 _.oae3 I, "Olt. IIOrtgegor, CO-Mortgago,.: OTTO , HO'MANN ANN I _tLLIR.HO'MANN CUKIUNT ."'011011' IlAlllI(llllllN p,.;nctp~l . l"t.".5t~ (,crow; ather P~Oduct,/S.rYle..: "".T. .~~.. ,. '0.00 sen.'7 0110'1" Property Addre.l; ~a10 CiNTAAL &~[ 110f' TOTAl. ~T 'ATMUCT: ."'011011' llUl !lATI: U53 50181 OTTO , HO''''", ANN I MILLER-HOFMANN 2110 CIHfRAL AVI CAMP HILL" "011-"'1 Current PrlnClpal 'alenee; E.ero. lelanCI: V..r To 0.,. tnt.r.st. unapglled 'undl' U~oll~ted La'e C"arges: 121."8.3. ".333.'0 II .062.11 10.00 10.00 TRA"SACTlONS SINCE LAST STATEMENT ~. .',.~ '0'" I . - - ,-, ,.' .',,' ". - ; ", . ,', . I" ' , " ~ ., ~ " , . . ~ ., ( ; . . . . ,. . . . . '. ' , . : . ~ .'. ': . , .;:' '.' . ; '. '" . t,'\,., 'I..,.~,. ,: ....:1 , ":~':l. .,.' ";"~''':I~~I:;~'I;.. ~. ': ,. .""'-"~)'j.(If"'. ...~~( l""~\.~.lt;.. ...... .::. I,. ' . ~'l", ,.' ;j'u.."..,ut..../... .t~..h,.:r.\.j~ ''''. I I' . ... ., .. ''':7:,' " '4."." f .. 4 ,.r:'Il"'I''''.'If''n...!ct t..... "'''r,,,:1'f:.. ~'''''~J'' ,o' ,. ....11.~IIH.t .'!'..r.rt.t,'It....~'..,~ . '.1"'~"~' hi.,,,,...,}~.,".....J-l..- "'f~'''e'l'' s HtHlOl"1 '-; I" ..'."HUHJ,"l. .., .' .... I( ~..;"t~.(..,' UhF H..f....."l..t1..,,~ "'. 4ndL,'fP'Ufo( ,," If" H ~~")f':O' . ;.~;;;;::~:;:!1.1(..,....t.h..<t, . ;~~':.~.. ,.., .". ~.. f: t I..H;.'~. q If"'. Ih"i&1-.:~ :1'~'+'''''''''! '! II. \aU'" :!~:1~:::~1$~::~; .UIU " .,. nf,~.tt'~.t1.~"jt 'l..h...p,.....:..;..H~'~I....I;'''.4.1~'',h't~.,ltU..h.'I',.......fUl......~ ...~..tJ ...~ .,.....4,t......1~. ...",...........,.~~t..... . "'. "'..1.......1.(" 3' '.....1.'11I,"'....,....... ., Ill' ,'~ :::Z::::;::::~.:~~:,.~!;;,..~: :::~.'.f.'.~h";t t.h;.~ $: ~~H I',,;, ...: ,. ,~;;".:: :::~.....~c;'''n''''..I.. ::::~::::::~:~::. If - ",. <fit.";.. ....1'Ot ....\ 'f,!",:~. 1.1" :,r toO,",," '.\...U'.t....'iI{ ,.' &hU...."h'h..,.....~j.. Jl* ., Hi''f1f'" ....., .f.lll.... """''''l'llUHhH...1.I .,..1>14>>,.. iiH&.. ..'H."t.....,..,..".... .'"...U'. fl' :;u ....~.,~n.."lnli...4& ....;..'.l1t r..~ ,. iu. ....... ..........u i,....,. HU" .. ~ ........U4.iUi......,U ""tll..t~..f!:tiT.ff.1 . !~!!"~!!!!.!'1I!~.!!$'f...l. ~.!~'tHIiI' 'in............,~,.........'~.4~'~ J.. . "lUff tl1..UiJfI.....U~. ~1'.JI.U~~l1..,~ IMPOIIlANT ..nAGla Pleas.. note that payments recei'led,aftElf this statement da~e will be reflected on YOl.\f next . . '. . . . . , j , . . ~ .. .' , .' , . ~;. . . . '.. .' .., ... . ". . , ,'. ....... - .' .. 'statement.. .stI9ij!,q"vou ,na'le. MY: Fiu~st!c?M; ~re!l.lie. ~1I'ou'~ustOi1lj(r. '~~Ylce ;sOeciallsts. at... ......., ceo. - . r,",' "'l~iI:i" . '."" ..-\ 15...\ '.' ,'t. .-!....~fI.it.l,h ..~. .., 'llfthUt,' h. I n: ,,' ~ ...~ ........., ..... ..... ..1..... ....~.. . ....,. _ t. S ~5rI'!;,~,~. ,r1''t'5-2St.,,,.,...,;,.,'...;....IUI'.lIr.ii . ..~, ,In,,; ..,'," ',...' '.:~H,!-,.,"...n..c.Hu.:....i .',' ....~..t"4t<lHU..... "Jllla ,. t' ...i. f~' ,."....0 u. ...h.........,,,,,..:;.... i;'h".~..:'!,~,t- ,~: ~u.u..H...,:IJ..1....;i...-....i ~f~1 ~",.,..~.hht..#..14 hlli~....~;. t.j....un-'t.,..;,:4"~ tUhU..c4UU"Ht:h~.~~U..,..,t.~t 'I '.t., ~;'~I - .!h1-;n;:-.-,;!~..!nUUl..u.-;"-";:'~';~.7~'j.~~';'~';.'!!".;'hfl. ~nt'lu~iH.~;'j~""~~' ~~!~-k:.-:"~ '.,,1 ......." .. . . "'~'U'fH ,.... .,..... H.' .u........ ...... .,.tU i" ... "'.... i'" ~ . ...-- . JAN L. BROWN ... .,,, THOMAS COU"T. IUITI " HARRISBURQJ'EN"!5YL.VANIA 1710& 711.141.".0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plainti IT v, NO, 96-1598 OTTO F. HOFMANN, Defendant CIVIL ACTION IN DIVORCE AFFIDAVIT OF SERVICE Richard A. Kanaskie, being duly sworn according to law, deposes and avers as follows: I. Richard A. Kanaskie, is an adult individual residing in Lower Paxton Township, Harrisburg, Dauphin County, Pennsylvania. 2. On the 20th day of November 1998, Richard A. Kanaskie served a true and correct copy of the Motion to Compel and attached Order of Court in the above captioned matter on Samuel W. Milkes. 3. Said service was made at Jacobsen & Milkes; 52 East High Street; Carlisle, Pennsylvania 17013. dtcJ{!!L,/, ~RICHARD A. KANASKIE Sworn to and subscri~ed before me this,Jn day of ^ JOL'(JllJ.x'I. 19~. HOToUW. 5toU JAH L ~ IloIuy I'VWII '- ......~.~..".... c:.~ ,,, I*r ea..loIloA er.t.. -.11 2:.!. =oco . INCOME AND EXPENSE STATEMENT OF .AJJI'l I-I OF,..1/1,J ^J SSNl/.' ,~, 5'1e"1 DRH DATE 11-2.4'QP, THIS STATEMENT MUST BE FillED OUT (If you are self'employed or If you are salaried by a business of which you are owner In whole or In part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statemen!.) INCOME (a) Wages/Salary. . I Employer 4. Addre3s Cnu-f'+rq \AM ~ct J~v-<::'ft(",( Job Tille/Description ~,t.i1<1 J 3;~1~~ ::J ~~~::e;~yd::,e;:~yp::;::~~~~:,:~~~~r.~,~.~...~.,~.~,~}........,.......,."..,..,..,....."",..,...,........,.,.... $ loSCJ . S 1- Payroll Deductions: Federal Withholding ,.................$ Social Security .,.........................$ local Wage Tax ,.................,....,..$ State Income Tax.....,......,.........$ Retirement ....,......,.,..............,.....$ Health Insurance ,.......................$ Other (specify) ..E1.~!.L,tl.r;.......$ .,........,.......,..,...$ ....,.....,...........,..$ Net Pay per Pay Period ...................,.....,..'.....,.....................................,....,................,..,...................... $ +f.,:!>.o I 2.2,1l&. 4D . 1<' /.,. !;D If 4-1 '1 . '"13 'I. 5lo (b) Other Income Week Interesl/Dlvldends .....................,$ $ Pension/Annuity ........................,$ $ Social Security ,..........................$ $ Rents/Royalties ,........,................$__ _.__ $ Expense Account .............,.........$ $ . Gifts .........................,..,...............,$ $ Unemployment Compensation .$ $ Workmen's Compensation ........$ $ Month Year $ $ $ $,-, $ $ $ $ I} "" ) ~ . ~" Total, Other Income ....,..............,...$ $ $ INCOME AND EXPENSE STATEMENT OF ---'-~~=.llif.~- "~-:-..:.c...______ . I I vo"r., lhallhe statemenls made in this Income and Expense Slillo. ment ate true and correct. I understand thai falso statemenls horein are made subjecl 10 tho penallles 01 18 PiI.C.S. 4004 rolaling 10 unsworn falsification to aulhorUios, Da'._l~:kJ.:.:ili, _.._J~~.:ll_/..J___, Plalnllfl ilit~olonlJanl ORO H405 Household Week Child Week Household Month Chilt. Month EXPENSES Home Mortgage/Renl ,............,.......,..............,.,. S S s e,e~ HI s Ma I n tenance . ,....,..........,......,'...", ...',.,.", S $ s ~'f.lJ5 $ Utllllles (telephone, healing S.Jl!D.L"f' electric, etc.) ....................,................... S S 5 Employment (transportallon. '/1).00 JH). 0 0 lunches) ............'............"."", "....'... .", S S S S Taxes Real Estale ...1)J~,:...!,n..,M,').d:~r:l,<! S S S (Lbv\"~' $ Personal Properly........,......,..,..........,..:.. S S $ I.~ ,0 1) $ Income ,.........,.....,........,..........,., ..,..'.....,.. S S s 3.c:,,, $-- Insuranco Homeowners ,:rr.&",..'::1:-:,..H1:':!':tf'Y' S S s 4~.. $ Automobile ................................."....,..",. S $ s .35. '+5 $ Life/Accident/Health fr...'............,.."... s s S $ Other ..,~~~1!/&,.'IJ......., S S s J:;J. 4-.L $ Automobile (payments, fuel, repairs) ...................................,............. S S $ l~i" . /P D $ Medical Doctor, Dentist, Orthodontist ................ $ $ 5 'I.IP(.. $ .:J.4.~.D Hospital..................,......,......,...,.......,...... $ 5 5 $ Special (glasses, braces, etc.) ........,...... $ $ $ .- $ Education Private, Parochial School....................... $ $ $ $ COllege ..................,.................................. $ $ $ $ Personal Clothing ......................,......................,..". $ $ 5 3D.5S' $ <t1.3.CI Food ................'...................,.',.....,..,......,. $ $ $ Jf/) D. 00 $ Other (household supplies, $1I1,tlo barber, etc.) ............,............................. S $-- $ Credit payments and loans .............. ..... $ $ $ :5'61. t,el $ Miscellaneous Household help/child care ...,.........,....... $ $ $ ~..- $ Entertainment (Inc, papers, books, vacallon, pay TV, etc.) ..,......,.. $ $ 5 JO,-;J..57 $ Gifts/Charitable contributions ..,........... 5 5 5 J3&.73 $ Legal Fees ........................,............,..,..,.., 5 5 $ :):.(lO .00 $ Other child support/alimony payments ..,................,....,.,....,.,...,...".. $ $ 5 $ Other (specify) ..Cdj{!!l~..8:.~....F.r.-!,<;;,~..'d..?- 5 5 5 3&:'.'l0 5 p"cJ- '/;.J.,Jf':;'" Total Expenses .........,....,............,................. 5 5 53:J....<fx.'::l.IJ 5 150.6'0 ANN E. HOFMANN, Plainti ff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.1598 v. 0T1'0 F. HOFMANN, Defendant CIVIL TERM IN DlVORCE fl.AJNTJFF'Sl~~~~I~~~;'~~~;;R~~~:~6:I~~O RESP~ND , ' Plaintiff, Ann E, Hofmann, by her undersigned counsel, hereby moves this Court.td ente~~: . ,I, an order pursuant to Pa.R,C,P. No. 4019(a)(I)(i) directing defendant, Otto F. Hofmann. to serve' "; .. . , r..:, ~ ..' full and complete answers lo plaintifrs interrogatories to defendant or suffer sancti~ris, aria in::( support thereof avers as follows: 1. A divorce complaint was instituted by complaint on March 26, 1996, by plaintiff and filed with the c'ourt of Common Pleas, Cumberland County, Pennsylvania. An amended complaint was filed with the court on December 26, 1996. 2. On January 9, 1997, defendant filed for Master Hearing, A schedule for pre-trial statements Wll3 issued and subsequently suspended. On August I, 1998, defendant requested a new schedule for filing of pre-trial statements. 3. On October 6,1998, plaintiff served a set of interrogatories upon counsel for defendant. A copy of plaintiffs interrogatories to defendant and plaintiffs transmittal letter of October 6.1998, are attached as Exhibit "A", 4. Pursuant to Pa.R.C.P, No. 4006(a)(2). defendant's answers were due on or before November 6, 1998, 5, A period of forty-three (43) days has lapsed since the interrogatories were served upon counsel for defendant, and no response of any kind has been provided, .. ~... I ""'J.;[:i)~",f1;.' . JAN L, BROWN ..., 81R THOMA. COURT. SUITE' HARRISBURG. PENNSYLVANIA 17109 711.'''1.118110 lJ.u./J 11t (ry t ~ . ."_...,,--_,v,...,,,,,..',,,~.o.,,,,,,,,.,-, _,r ~,' , ; , ..' t~;" , i .(" t .' I. 1, :',"'" . ; " j t I , ;\ J ( , , l d << t \ :r L , 11 it il'-: ~J-, 'j",<: H i~{,;, 1~- ',I . ,,". I '. ...... , 3. A list of all exhibits which the Plaintiff intcnds to offer into evidcnce which have been attached hereto: I, Updated Incomes and Expense Statement 2, Paychccks from employcrs 3. House appraisal 4. Taxes for residence 5, School tuition 6. Attorney fees to date 7. Health insurance cost and coverage 8. $1,800.00 oil tank bill for 2870 Central Avenue propcrty 9, $800.00 insulation bill for 2870 Central Avenue property Plaintiff retains the right to supplement these exhibits. 4. The gross income of the Plaintiff from all sources totals $13,000.00 (from County Market, full-time position and includes $600.00 a year from refinishing services). 5. A listing of the expenses orthe Plaintiff was filed with the Court and incorporated herein by reference. An updated listing will be provided prior to pre-trial hearing conference. 6. The Plaintiffhas no retirement benefits, and it is believed and averred that the Defendant does have retirement benefits. 7. In support of the claim for counsel fees, an itemized statement of the fees charged to date is attached hereto. 8. It is believed that the personal property, including vehiclcs has been distributed among the parties. 9. A list of marital debts is attached hereto. The date on which the debt was initially MARITAL PROP[RTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persons as of the date this action was commenced: Item No. Description of Property Name of all Owners ~ Valuation Date I. 2870 Central Ave. Ann and Olto $139,000.00 Camp Hill, PA Hofmann Listing Price 1997 2, Pennsylvania Utility Commission Olto Holinann Unknown 3. 1987 Taurus Ann Holinann Unknown 4. 1983 Chrysler New Yorker Olto Holinann Unknown 5. Savings Ann and Olto (Distributed equally Hofmann $300.00 1996 to parties in 1996) Date 08/31/98 Time 11.36 lUll Jan L Brown, Esquire TIHESLIPS Detail Time Usage Report for Rate: *3bill rate/amount (rounded) for Time: s=spent e=estimated v3variance Descriotion/Raference /Date User Client SUo# Activitv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .909 Telephone conference with Judge's Office; letter to client. 11/26/96 J.L. BROWN HOFMANN, ANN Legal Services BILLED .. .. ........ ... . .... . . .. . " ... . ..944 Prepare Amended Divorce Complaint. 12/03/96 J.L. BROWN HOFMANN, ANN Legal Services BILLED " .. ....... . ...... .. . .. .. .. .... . .945 Review letter from client and Amended Divorce Complaint. 12/03/96 J.L. BROWN HOFMANN, ANN Legal Services BILLED ............. ..... . " . . .... . .. .. .946 Letter to clieut. 12/05/96 J.L. BROWN HOFMANN, ANN Legal Services BILLED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .955 Revise Complaint. 12/18/96 J.L. BROWN HOFMANN, ANN Legal Services BILLED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .979 Telephone conferences with client. 01/20/97 J.L. BROWN HOFMANN, ANN Legal Services BILLED .............. ..... . .. .. ..... ....980 Review file. 01/05/97 J.L. BROWN HOFMANN, ANN Legal Services BILLED . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . .981 Consultation with client, telephone conference with client, prepare Answer to ~etition for Specifc Relief. 01/06/97 J.L. BROWN HOFMANN, ANN Legal Services BILLED Rate 125.00* 125.00 125.00* 125.00 125.00* 125.00 125.00* 125.00 125.00* 125.00 125.00* 125.00 125.00* 125.00 125.00* 125.00 Time 0.5019 0.50e O.OOv 1. OOs 1.00e O.OOv 0.50s 0.50e O.OOv 0.2019 0.20e O.OOv 0.208 0.20e O.OOv 0.708 0.70e O.OOv 0.70s 0.70e O.OOv 2.70s 2.70e O.OOv Page 4 Total 62.50* 62.50 125.00* 125.00 62.50. 62.50 25.00* 25.00 25.00. 25.00 87.50. 87.50 87.50* 87.50 337.50* 337.50 Date 08/31/98 Ti.a 11136 alii Jan L Brown, Z.quire TI~SLIPS Detail Tim~ u.age Report for Rate: ..bill rate/amount (rounded) for Time: s.spent eaestimated v=variance DeBcriDtion/Reference IDate User client slioll. p..ctivit'l Rate. . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . .567 J.L. BROWN 125.00. HOFMANN, ANN 125.00 Legal services BILLED Telephone conference with Attorney Miller. 05/10/96 . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . .568 J.L. BROWN 125.00. HOFMANN. ANN 125.00 Legal services BILLED consultation with client; prepare praecipe and letter. 05/08/96 . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . .569 Telephone conference with client. 05/15/96 J.L. BROWN HOFMANN. M""N Legal Services BILLED 125.00. 125.00 . ., ., . . . . . . . . . . . . .., . . . . . . . . . . . . .570 Telephone conference with attorney. 05/15/96 J.L. BROWN HOFMANN. ANN Legal Services BILLED 125.00. 125.00 . ., ................. ............ .580 J.L. BROWN HOFMANN, ANN Legal Services BILLED 125.00. 125.00 Telephone conference with client. OS/21/96 ,. ................ .............. . .581 pr.eparation of custody stipulation. OS/21/96 J.L. BROWN HOFMANN, ANN Legal services BILLED Flat 125.00 125.00 . ., . . . . . .' . . . . . . . . . . . . . . . . . . . . . . .589 Telephone conference with client. 06/21/96 J.L. BROWN HOFMANN. ANN Legal services BILLED 125.00. 125.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .590 Telephone conference with opposing counsel. 06/24/96 J.L. BROWN HOFMANN, ANN Legal Services BILLED 125.00. 125.00 Page 1 Time. 0.20s 0.20e O.Oov 1.70s 1.70e O.OOv 0.40s 0.40e O.OOv 0.30s 0.30e O.OOv 0.40S 0.40e O.Oov O.OOs 0.20s 0.20e O.Oov 0.40s 0.40e O.Oov Total 25.00. 25.00 212.50* 212.50 50.00* 50.00 37.50* 37.50 50.00* 50.00 250.00* 25.00* 25.00 50.00* 50.00 Oat. 08/31/98 Time 11.36 am Jan L Brown, J1:.quire TIHBSLIPS Detail Time U..ge Report for Rate: *3bill rate/amount (rounded) for Time: s3spent e3estimated v3variance Descriotion/Reference /Date User Client SHoll Activitv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .982 Delivery of Answer to Attorney Carlisle. 01/07/97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .983 Research and preparation for trial. 01/08/97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .984 Research and Answer to Motion for Appointment of Master. 01/13/97 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .985 Filing fee. 12/24/96 ....... .. .. ... ..... .. .... .. .... .1005 Telephone conference with Robert Elicker. 01/23/97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .1006 Letter and telephone call to Robert Elicker. 01/28/97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1007 Telephone call to Ann Hofmann. 01/28/97 . . . . . . . . . . . . . . . . . . , . . . . . . . . , . . . .1033 Telephone conference with client; letter to Attorney Milkes. 02/21/97 J.L. BROWN HOFMANN, ANN Legal Services BILLED J.L. BROWN HOFMANN, ANN Legal Services BILLED J.L. BROWN HOFMANN, ANN Legal Services BILLED J.L. BROWN HOFMANN, ANN Legal Services BILLED J.L. BROWN HOFMANN, ANN Legal Services BILLED J.L. BROWN HOFMANN, ANN Legal Services BILLED J.L. BROWN HOFMANN, ANN T"egal Services BILLED J.L. BROWN HOFMANN, ANN Legal Services BILLED Rat~ Flat 125.00 125.00 125.00* 125.00 125.00* 125.00 Flat 125.00 125.00 125.00* 125.00 125.00* 125.00 125.00* 125.00 125.00* 125.00 Time O.OOs 5.00s 5.00e O.OOv 1. 25s 1. 25e O.OOv O.OOs 0.20s 0.20e O.OOv 0.40s 0.40e O.OOv 0.20s 0.20e O.OOv 0.50s 0.50e O.OOv Page 5 ToW 50.00* 625.00* 625.00 156.25* 156.25 30.00* 25.00* 25.00 50.00* 50.00 - , . . . . . . . JAN L. BROWN ...15 11ft THOMAS COURT, IUITI lit HARRISBLlRG. PEf.NSYLVANIA 17109 "~UI-,lI1o f NOV 2 3 ~ ''t ~. . M; , . I I. I, ,tl '/0.. , L ; '. , . . , I t T I' ; J I, .. . ~NSTRUCT~ONS AND DEP~NIT~ONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", such statement must be wri tten in the Answer. I f the question is inapplicable, "n/a" must be written in the Answer. Whenever a date, amount, or other computation or figure is requested, the exact date, amount, computation, or figure is to be given unless it is unknown. If unknown, give the best estimate or approximation thereof and note that such answer is an esoimate or approximation. Whenever the word "document" is used herein, it includes all printed, typewritten, handwritten, graphic, or recorded matter, however produced or reproduced, and however formal or informal. Whenever the word "identify" or "identity" is used in reference to a person, corporation, or other entity, this means that you are required to state, if appropriate, his, her, or its full name, present address, and business affiliation. Whenever the word "identi fy" or "ident ity" is used in reference to a document, this means that you are required to state: (a) the nature of the document; (bl the date of the document or the date it was prepared; (c) the identity of the person(sl who prepared the document; (dl the custodian of the document; and (el , .. JAN L. BROWN, ESQ. Attorney I.D. ~67993 845 Sir Thomas Court Ste. 9 Harrisburg,PA 17109 (717) 541-5550 Attorney for Plaintiff ANN E,HOFMANN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-1598 OTTO F. HOFMANN, Defendant CIVIL TERM IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES ADDRESSED TO THE DEFENDANT. OTTO F. HOFMANN .1 'I I The plaintiff, Ann E. Hofmann, by her attorney, Jan L. Brown, Esq., hereby requests that you answer fully, in writing and under oath, the following interrogatories pursuant to the Rules of Civil Procedure. , , , J,i , Definitions and Instructions Unless negated by the context of the definitions are to be considered interrogatories contained herein: interrogatory, the following to be applicable to all (A) "Documents" is an all-inclusive term referring to any writing and/or recorded or graphic matter, however produced or reproduced. .. The term "documents" includes, without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and all other such documents tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, or other form. (Bl With respect to documents, the term "identify" means to give the date, title, author and addressee; "identify" with respect to documents further means: (i) To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located. (i i) To describe it in a manner sui. table for use as a description in a subpoena; (iii) To give the name, address, position or title of the person(s) who has (have) custody of the document and/or copies thereof. (e) "Identify" when used in reference to an individual rr.eans: (i) To state his/her full name; (ii) Presen~ residence address or last known residence; (iii) Present or last known business address; (iv) Present employer or last known employer; (v) Whether ever employed by any party to this action, and if so, the dates he/she was employed by such party, the name of such party, and the last position held as an employee of such party. (D) Whenever the expression "and/or" is used herein, the 4. Identify by year, make and model each motor vehicle, boat, motor home or recreational vehicle owned or leased by you individually or jointly, at any time after June 1, 1996, and provide copies of documents, statements or appraisals to evidence the current fair market value and the principal balance due on any lease or encumbrance against the vehicle or the trade-in or sale proceeds received in the event you are no longer the owner or lessee. 9. In addition to salary, employer, at this expense, having a monetary value? cost of val~e. bonuses, expense allowances, does any provide you with any other emoluments, If so, list each such benefit and its ;'::;' ",~f .'.'- - ': :~: j~ , ":~,-, ..:1~"'\ ,..,.",,", .. ::.;;:fl" . :\y~ft'.. ___ "'~'fli- .' '.:'-."::i"' ", ,\~, i;;'. ',.\,~F';'; , ~:;~~ ,..,~, -,:,1,", . .'" . ":,,,,-,'.",-,~ '_'_';~jW~~ ~',:';;:;::-:l~ }::~:~~ ,..,,;(t; 15. As to any automobiles, aircraft, motorcycles and boats, set forth the following: (a) (b) <D (d) (e) (f) Date of purchase. Name and address of person or firm from whom purchased. purchase price. Name and address of each person who made payment. How long you have been operating said vehicle. AnY balance due. 17. Do you anticipate receipt of any devise, bequest, gifts, or inheritance? If so, state: (a) Amoun~. (b) When receipt is anticipated. (c) From whom receipt is anticipated. (d) Have you, in your possession, any documents in support of such bequest, devise, gifts or inheritance? (e) Attach a copy of any such documents, H 20, If you own any stocks. bonds, including U,S. Savings Bonds, or other securities of any kind, state: (a) The description and identification of the security or bond. (b) The identity of any co-owner or interest holders. (c) Date of acquisition, (d) Value of acquisition. (e) Number of shares or bonds presently held. (f) The amount and frequency of income payable and the location. If any stocks or bonds have been sold or transferred since date of separation, state: (a) (b) (c) Date of said transaction. Number ~f shares or bonds Consideration received consideration. of said involved. and diSPosition . \ (<~ ,.. . fit, free from any control, restraint, harassment or interference, indirect or direct, from each other. The foregoing provisions shall net be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading them to live apart . S. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been filed by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, Hofmanllll. Hofmanll, No, 96-1583 Civil Term. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action, The parties acknowledge that they will execute, simultaneously herewith, the necessary Affidavits of Consent and Waivers of Notice, allowing for the entry of a final divorce decree in the pending action. 4. LEGAL ADVICE: The parties acknowledge that Husband has been represented by Samuel W. Milkes, Esq, JACOBSEN & MILKES, as counsel in this matter, and that Wife has been represented by Jan Brown, Esq" as counsel in this matter. Husband and Wile each acknowledge that they have received, or have had the opportunity to receive independent legal advice from counsel of her or his selection prior to the execution of this Agreement. Each party agrees that she or he each fully understands the facts surrounding this divorce, and each has had the opportunity to be fully informed as to her or his legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and tnat it is being entered into freely and voluntarily after HUlIband's consultation with Ilis attorney and Wife's consultation with her attorney. The execution of the Agreement is not the result of any duress or undue influQnce, and it is not the result of any collu8ion or improper illegal agreement or agreemenh. The partie8 acknowledge that each has been fully informed of, or is familiar with, the wealth, property, state, and income oithe other, and each party is hereby sutisfied that such information is true and correct, 5. PERSONAL PROPER1Y: The parties have divided all perllOnal property, including motor vellicles, and each is full owner of the penona!. propurty now in his or her possession. If any documents need to be executed, effectuating this agreement, the parties shall execute II1lY such documents. 6. LDi'E INSURANCE: Husband agrees to muintuin a life insurance policy on himself, naming Wife as beneficiary, in an amount at least equal to the sum amount of combined child support and alimony provided for in thi8 agreement, Ae thie policy is renewed, the amount of coverage may be modified to reflect the decreaaed overall obligation. At such time as the alimony and 8upport obligations cease, Husband shall have no continuing obligation to muintuin any life iOllurance policy. Proof of continued coverage shall be provided on an annual bW\ill, at the annual renewal point for the policy. 7. MARITAL HOME. a. Occupancy: Wi(u may continuo to occupy thlil marital home, located at 2870 Central Avenull, Cump !!ill, l'ennMylvuniu through June 2005, or Buch earlier time as it is 80ld, as providud for hulow. b. Sale: As of April 1, 2005, the home is to be placed on the market, for sale with a reputable real estate agent. If one cannot be agreed upon by the parties, either party may petition for the Court to appoint an agent, The home will be listed at a sales price recommended by this agent and the parties shall accept any reasonable offer, relating to this property, The question of what constitutes a reasonable offer shall account for how long the home has been on the market, whether other offers have been mads, how actively the home has been seen by prospective buyers, and the general state of the real estate market at the time, If the parties are unable to agree upon whether a reasonable offer has been made, each may choose a real estate agent to express an opinion on the subject and the m~ority view of the three agents (th.a one jointly selected, one selected by husband and one selected by wife) shall be binding upon the parties, e. Buyout by Wife. Alternately, in the event Wife desires to buy out Husband's interest in the marital home, she may do so by refinancing, or otherwise, in an amount set forth below, This buyout would occur by June 30, 2005, In connection with the buyout, the mortgage and second mortgage would be satisfied and Husband would deed to Wife his interest in the property, If the parties are unable to agree upon a value of the home, for calculation of a buyout amount, the value would be determined by an appraiser mutually agreed upon by the parties, In the event the parties are unable to agree upon an appraiser, either party may petition the Court for appointment of an appraiser, d. Di.tribution and Calculation 01 Net Value. The net value of the home shall be distributed 60% to Wife and 40% to Husband at the time of sale of the home or buyout by Wife. The net value shall be calculated as follows: (1) In the event the home is sold, lIS provided for above, net value ill the sales price, less the payoff of the mortgage and second mortgage, currently secured against the home, and less any settlement costs, including realtor commission, attorney fees, seller's portion of transfer tax, and other customary seller's costs and fees. (2) In the event Wife opts for the buyout option described above, net value is the value of the home, less the payoff of the mortgage and second mortgage by Wife. If a transfer tax is incurred, the part,ies agree to split the amount of such ta:c. e. Conditionl Pending Sale or Buyout 01 Home. (l) Until such time as the home is sold or Wife buys out Husbands interests, Wife shall continue to make timely payments on the mortgage and second mortgage securing this property, If she fails to do so, and any foreclosure noti.:e is issued by a lender, the parties shall immediately place the home for sale, and the above provisions governing sale and distribution of proceeds shall immediately apply. (2) Wife shall also maintain fire and hazard insurance on the home, pay property taxes and utilities on the home, and keep the home free of hazards. In the event Wife shall fail to do so, the above provisions governing sale and distribution of proceeds shall immediatly apply. (3) Wife shall continue to reside in the home until a buyout or until the home is placed for sale. In the event Wife vacates the home for three months or more, for any reason, the above provisions governing sale and distribution of proceeds shall immediately apply, (4) If Wife fails to perform on any of the above conditions, she shall hold Husband harmless and indemnify him for any losses suffered by him as a result of this failure and at the time of sale or buyout, if such indemnification has not already occurred, Husband shall be compensated for any such losses out of the proceeds of the sale. 8. ALIMONY, CIIILD SUPPORT, AND IlEALTII INSURANCE: a. Alimony. Husband shall pay to Wife alimony in the amount of $1050 per month for a period of six (6) years, or until such earlier time as Wife remarries or cohabitates with a man. In the event the marital home is sold, or Wife buys out Husband's interests during this six year period, the alimony amount shall be reduced to $800 per month. The alimony obligation shall begin on April 1, 1999 and shall be paid by wage garnishment through Cumberland County Domestic Relations. b. Modification. The obligations of Husband to Wife for alimony and/or child support may be modified only by a 20% or greater variation in the net income of either Husband or Wife, or in the event one or more of the children become emancipated, by reaching age eighteen or graduating from high school (whichever occurs last), Any modification of the obligation to pay alimony or child support would be ac:ljusted in proportion to the extent that the income has changed from the time of entry into this agreement. e. ClAiming of Dependent Child. Beginning the tax year 1998, the parties shall each be entitled to claim one dependent child for income tax purposes and the parties agree to execute any forms, implementing this agreement. At any time that there is only one child available to be claimed as a deduction, the parties shall alternate that deduction from year to year, with Husband being accorded the first year under this option, d. Health Costs. Husband shall continue to provide health insurance on the children so long as it remains available to him through his employment, The parties shall share the cost of health insurance, if there is any cost, and any out of pocket heath related expenses, by Husband paying 70% and Wife paying 30% of any such costs. Either parent having available to him or her health insurance coverage for the children, through employment or other means, shall provide this coverage, with any cost split as provided above, 9. PENSION, CHECKING, AND SAVINGS ACCOUNTS: The parties agree that any pension, retirement, military retirement, 401(k) plan, IRA plan, investment plan, or any similar retirement type of plan or benefit, along with any checking, savings, or other cash assets are fully owned by each party in whose name they are currently held and they agree to execute any documents necessary to reflect this fact. The parties agree to consent to any Qualified Domestic Relations Order needed to effectuate this agreement, 10. DEBTS OF THE PARTIES: Except as provided for above, regarding the debt secured by the marital home, each party is solely liable for any and all debt in his or her name, and each agrees to hold the other party harmless and indemnify the other for any debt which may accrue to the non-liable party, as a result of his or her indebtedness. The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to indemmfy and save harmless the other party against any claims that may be asserted by anyone against the other party by reason thereof. 11. NON-MERGER IN DIVORCE DECREE: The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 12. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 13. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way of dower or curtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. Each party hereto lIgrees that he or she shall individually be responsible for any and all counsel fees and expenses incurred by him or her in connection with the preparation of this Agreement llnd the divorce between the parties, 14. NON.WANER: The failure of either party to insist in anyone or more instances upon the strict performance of any of the terms hereof in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 15. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, including equitable enforcement of the Agreement. 16. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 17. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors and assigns. This Agreement shall be executed as original in quadruplicate. >- \.~) ~- sr: c f. ~ ,~~ LU ''.'.It or; L'__ ....,,. (1')1:, (" r- ~! ..,1.',. " l..~ I ~~:c: C.: ,. I '.j ~ u.. ~ .!i.1. ...; ~ lI_ c" :::> 0 (n (J .