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HomeMy WebLinkAbout02-5244Bm-bara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, Plaintiff ANDREW A. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW · IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 ~n these papers by the Plaintiff You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Surnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, Plaintiff ANDREW A. HOFFMAN, Defendant ' 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. oa- s;aq,/ · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT REGARDING COUNSEL/NG 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: J(~Y A.kltiIOFFMAN Barbara Sample-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, Plaintiff ANDREW A. HOFFMAN, Defendant : 1-N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiffis Jody A. Hoffman, an adult individual residing at 1002 Upper Bermudian Road, Gardners, Adams County, Pennsylvania 17324. 2. Defendant is Andrew A. Hoffman, an adult individual residing at 335 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 30, 1989 in Franklin County, Pennsylvania. 1999. There is one minor child born of this marriage, Mykenzie J. Hoffrnan, born August 13, 6. The parties separated on May 31, 2002. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the fight to request that the court require the parties to participate in counseling. COUNTI-DIVORCE NO FAULT I0. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Jody A. Hoffman, prays this Honorable Court to enter judgment: A. Awarding Plaintiffa decree in divorce; and B. Awarding other relief as the Court deems just;5~ 5?~able. Dated: October 28, 2002 /~ _ ~arb~.ra Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, Plaintiff ANDREW A. HOFFMAN, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Jody A Hoffman, hereby certify that the facts set forth in the foregoing COMPLAINT 1N DIVORCE are true and correct to the best of my knowledge, information and belie£ I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated:_ JO~ A.OfOFFMA~ ' JODY A. HOFFMAN, Plaintiff ANDREW A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-05244 CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF SERVIC_.E I, Andrew A. ltoffman, hereby personally accept service and acknowledge receipt of the above-captioned Complaint in Divorce, having received said Complaint on the ff_~day of ~ 2002. ,MARITAL SETTI,F, MENT AGREEMENT THIS.4GREEMENT, made this / ff/&day of /~&r-t_A~ ,2003, by and between ANDREW A. HOFFMAN, hereinafter referred to as "HUSB~4-D", and JODY A. HOFFMAN, hereinafter referred to as "WIFE". WITNE$$ETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 30, 1989, in Franklin County, Pennsylvania; WHEREAS, one (1) child was born of this marriage being Mykenzie J. Hoffman, born August 13, 1999; WHEREAS, it is the intention of the parties to settle fully' and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all 'm,,tters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NO W THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the Agreement, the mutual promises, covenants and undertakings herein set forth, and for good and 'valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS ADVICE OF COUNSEl, HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has chosen not to retain an attorney notwithstanding the fact that attorney for WIFE has told him that he has an absolute right to be represented by an attorney. HUSBAND has chosen instead to negotiate directly with counsel and/or with his WIFE. HUSBAND hereby acknowledges that he has done so willingly and that he fully understands the fa~xs and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in 2 good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority,, direct Or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any 13usiness, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the i~fformation provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, 3 motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 5. SUBSEq}UENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and condition,,;, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be xmll and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any 4 judgment or decree for divorce obtained by either party. 6. .OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's nights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in a deceased s ' pouse s estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, 5 however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the fight of either party to receive any insurartce proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will 'was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or :now has against the other. 8. SUCCESSOR'S RIGHTS AND I,IABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein 6 contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. Ail prior negotiations and Agreements are merged into this document. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict perfi)rmance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract slhall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and 7 governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In that situation, the party responsible for the assessment of liability shall indemnify and save harmless the other from all additional tax, penalty, and interest. If the liability is the result ora computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIIIUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 8 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of, WIFE, except as set forth on Exhibit "A', shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the present possession &HUSBAND shall be the sole and separate property of HUSBAND WIFE agrees that the assets on Exhibit "A" shall be the sole property of HUSBAND and he shall take possession within thirty (30) days of the date of this Agreement. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if'any, he or she may have with respect to any of the above said items which are the sole and separate property &the other. During the marriage, the parties purchased a shed whiclh is currently located at 815 Upper Bermudian Road, Gardners, Adams County, Pennsylvania, HUSBAND's parent's property. The parties have agreed that HUSBAND shall retain sole ownership of the shed. HUSBAND shall be solely responsible for said shed and to work out all arrangements for removal of same. HUSBAND agrees to indemnify and save WIFE harmless from any and all claims arising from the ownership of the shed, its relocation, its location on the property or any other costs or expenses related to said shed. This document shall constitute a bill of sale for said sole property. 9 B. REAL ESTATE 1002 Upper Bermudian Road, Gardners, Penns¥1wanJ-~ The parties had jointly owned property at 1002 Upper Bermudian Road, Gardners, Adams County, Pennsylvania. On December 4, 2002, the parties executed documents necessary to effectuate the transfer of HUSBAND's right, title and interest in the marital residence to WIFE and to remove HUSBAND' s name from any and all liens, mortgages and encumbrances against the marital residence. HUSBAND also executed a Deed for the marital residence which transferred his right, title and interest in the marital residence to the sole ownership of WIFE. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. WIFE hereby agrees to indemnify and hold HUSBAND harmless from any and all liability as a result of non-payment of the mortgage or any other obligations as enumerated above associated with the real estate. C. MOTOR VEHICLES HUSBAND has sole ownership of the 1994 Dodge Rant. Said vehicle is not subject to any encumbrance. WIFE shall have sole ownership of the 1995 Grand Cherokee. Said vehicle is not subject to any encumbrance. The parties agree to cooperate to effectuate transfer of sole title to the other's name. 10 HUSBAND shall also have full ownership of the parties' 1984 Polaris Indy Snowmobile, 1993 Artic Cat Snowmobile and the snowmobile trailer. There are no liens or encumbrances on said vehicles. D. FINANCIAL ASSETS The parties agree that each shall retain all financial accounts, which are in their individual names. The parties affirm that all joint accounts in existence have been closed and the proceeds therein divided to their mutual satisfaction. E. PENSION AND IRA During the marriage, WIFE had earned certain employment and retirement benefits. HUSBAND agrees that said benefits in WIFE'S name shall be; the sole and separate property of WIFE and HUSBAND waives any and all rights, title and interest to said benefits. During the marriage, HUSBAND had earned certain employment and retirement benefits. WIFE agrees that said benefits in HUSBAND'S name shall be the sole and separate property of HUSBAND and WIFE waives any and all rights, title and interest to said employment benefits. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. It is further agreed that HUSBAND, at his sole cost and expense, shall mainta;in a life insurance policy in the sum 11 of not less than ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) on himself, naming WIFE as Trustee, for the benefit of the parties' minor daughter. HUSBAND shall provide WIFE proof of the existence of this insurance upon execution of this Agreement and each anniversary date thereof. It is also further agreed that WIFE, at her sole cost and expense, shall maintain a life insurance policy in the sum of not less than ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) on herself, naming HUSBAND as Trustee, for the benefit of the parties' minor daughter. WIFE shall provide HUSBAND proof of the existence of this insurance upon execution of this Agreement and each anniversary date thereof The obligation to carry said insurance shall cease on the child's twenty-first (2 l~t) birthday. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the fights arising out of this Agreement, neither party will hereat~er incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future, obligations of every kind incurred by them, including those for necessities. SECTION HI .ALIMONY, ALIMONY PENDENTE LITE~ SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for 12 equitable distribution of marital property are fair, adequate anti satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereai~er have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. 2. CHILD SUPPORT Child support shall be decided in accordance with the action pending to PACSES Number 435104814. The parties agree that they shall submit a Stipulation for modification of the existing Order on the form attached hereto as Exhibit "B". This Child Support Order shall be subject to modification by either party upon petition to Domestic Relations in the future. 3. CUSTODY The parties agree that they shall share legal custody of their daughter. Primary physical custody of Mykenzie shall be with MOTHER. FATHER shall have partial physical custody as the parties agree but no less than seven (7) days with overnights per month. 4. COLLEGE EXPENSES The parties agree to share equally the costs of a four (4) year college education for their minor daughter, Mykenzie J. Hoffman. These college expenses slhall be defined as each party 13 paying one-half (1/2) of tuition, room and board, books, lab and other fees after reduction for any sums received as scholarship. The parties agree that this obligation shall not exceed the customary costs then existing for a full time student at the Main Campus of Penn State University. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. JOI~A. ttbFFlVlAN' 14 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~or~-la~.-~d ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ANDREW A. ltOFFMAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this TARY PUBLIC ~' My commission expires: day of ,/)q4 r'c~ , 2003. (SEAL) COMMONWEALTH OF PENNSYLVANIA ) )ss. ) Before me, the undersigned officer, a Notary Public irt and for said Commonwealth and County, personally appeared JODY A. ItOFFMAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief.  /~fibed to before me thisc>~/-~day o~r)~ ~//~7~, 003. I~TARY P~UBLIC ~ My commission expires: (SEAL) 15 1. Gun o Hunting articles Tools as mutually agreed to by parties EXHIBIT "A" EXHIBIT "B" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, Plaintiff ANDREW A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CLIMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ORDER NUMBER 00778 S 2002 PACSES NO. 435104814 OTHER STATE ID NO. 32026 AGREEMENT FOR CHILD SUPPORT THIS AGREEMENT is made this _/j-t~ day of/]///~t~9_, 2003, by and between Jody A. Hoffman and Andrew A. Hoffman. WITNESSETH WHEREAS, the parties are the parents of one minor (1) child; namely, Mykenzie Jo Hoffxnan (DOB 8/13/99); WHEREAS, after a conference, an Order entered on October 16, 2002 wherein Father's child support obligation was determined to be $1,132.00 per month; WHEREAS, the parties have mutually reached an agreement concerning modification to the amount of child support and respectfully request that same be entered as an order of court; NOW THEREFORE, it is agreed as follows: 1. The parties agree that Father's basic child support obligation to Mother shall be reduced to $400.00 biweekly. This basic child support amount shall continue to be paid through the Domestic Relations Section of the Court. 2. Father's arrears shall be credited with the amount of $1,620.19. arrears shall be paid at the rate of $10.00 per month. Any outstanding 3. Father shall continue to provide dental insurance coverage for the child and Mother shall continue to provide medical insurance coverage. Each pm:ty shall also immediately notify the other of any changes in coverage and provide updated insurance cards as needed. Any non- reimbursed medical or dental expenses for the child shall be shared 54% by Father and 46% by Mother after Mother pays the first $250.00 of such expenses annually. 4. Father shall provide assistance for extracurricular activities and other necessary clothing items upon which the parties agree on a 50/50 basis. 5. The parties agree that the October 16, 2002 Order shall be modified pursuant to this Stipulation effective March 1, 2003. 2 IN WITNESS WHEREOF, the parties have set forth their hands, this ,2003. day of Andrew A. I/offman COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in amd for said Commonwealth and County, personally appeared JODY A. ItOFFMAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation Regarding Custody are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this day of ,2003. NOTARY PUBLIC My commission expires: (SEA[) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Octr~z~.-2a_-~--J ) ) ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ANDREW A. I~OFFMAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation Regarding Custody are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this NOTARY PUBLIC~''''~ My commission expires: day of/J~tt ~ (SEAL) ,2003. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, Plaintiff' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-05244 ANDREW A. HOFFMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 29, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce atter service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit: are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: J(~Y A! ltOFFMAN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-05244. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. ANDREW A. HOFFMAN, Defendant 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. {34904 relating to unsworn falsification to authorities. DATE: JOD'Y A. HOFFMAN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 'NO. 02-05244 ANDREW A. HOFFMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 29, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ANDREW A. HOFFMAN ~//~ COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF ~ clD2~c-/0..-r~ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ANDREW A. ItOFFMAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this /~c ,cA day of /~~ , 2003. My Commission Expires: (SEAL) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff ANDREW A. HOFFMAN, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-05244 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDEP_ §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning ahmony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. DATE: ANDREW A. HOI~FMAN [, 6/ COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF Q/vkr~/o-a--r-(&-~zd ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ANDREW A. HOFFMAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the 'within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF TIlE DIVORCE CODE are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this ../of~'~ day of ,/~rr_~ , 2003. NOTARY PUBLIC fi' - My Commission Expires: (SEAL) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff V. ANDREW A. HOFFMAN, Defendant To the Prothonotary: CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-05244 CIVIL ACTIO~N - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 2. 4, 2002. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. Date and manner of service of the complaint: Accep~tance of Service dated November 3. Date of execution of the affidavit of consent required by {}3301 (c) of the Divorce Code: by Plaintiff.' March 24, 2003; by Defendant: March 18, 2003. 4. Related claims pending: None. All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated March 18, 2003 and incorporated, but not merged, into the Decree. See Paragraph 5, page 4 of the Agreement. 5. Date Plaintiff's Waiver of Notice in {}3301 (c) Divorce was filed with Prothonotary: March 26, 2003. Date Defendant's Waiver of Notice in {}3301 (c)~_ ce was filed with Prothonotary: March 26, 2003. _ .~~ Dated: March .~ .~2003 ~ d/ Barbara Esquire Sumple-Sullivan, 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1,445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JODY A. HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff V. ANDREW A. HOFFMAN, Defendant CUMBERLA~ff) COUNTY, PENNSYLVANIA NO. 02-05244 CIVIL ACTION - LAW IN DIVORCE .CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify t]hat on this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: March ~, 2003 Mr. Andrew A. Hoffinan 335 Longs Gap Road Carlisle, PA 170If /../.-'~-~__ / Bar. fa Shml~le_Sullivan' Esquire (._ 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff IN THE COURT OF COMMON OF CUMBERLAND COL1NTY STATE Of ~~ PENNA. JODy A_ I-IOPPhlIN VERSUS ANDRk-~ A_ H~AN NO. PLEAS DECREE IN DIVORCE ANDNOW, 4~ L~ DECREED THAT AN D ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD 1N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; Ali m~r~ hav~ h~=n ~nl~,~d_ betv~cn the ~i~ ~s'~t to ~ ~itial ~ttl~t A~~t ~t~ ~-dz 18~ 20~ ~t ~t into ~e ~ ~~ BY TH~OUR~ / ATTEST: co _rpora t~d, / /PrOTHONOTArY