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HomeMy WebLinkAbout02-5292P:\PtLES\DATAPILE\Gc.&o ow\43015-.m I /tdc Created: 10/30/02 02'.2]50 PM Revised'. 10/31/02 0417'.43 PM 4301 5 PHILIP V. HOFFMAN, Plaintiff V. BARBARA D. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- J%' e z IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS CIVIL ACTION- LAW You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 Telephone (717) 249-3166 PHILIP V. HOFFMAN, Plaintiff V. BARBARA D. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- CIVIL ACTION- LAW : IN DIVORCE COMPLAINT COUNTI 1. Plaintiff is Philip V. Hoffman, who currently resides at 195 Hickory Road, Carlisle, Cumberland County, Pennsylvania, was born on March 13, 1941, and whose social security number is 161-34-3829. 2. Defendant is Barbara D. Hoffman, who currently resides at 195 Hickory Road, Carlisle, Cumberland County, Pennsylvania, was born on April 2, 1941, and whose social security number is 195-32-0667. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 27, 1963, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff avers as the grounds on which the action is based: a. The marriage is irretrievably broken, or in the alternative; b. That the Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome, and this action is not collusive. 7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL, PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 10. Plaintiff and Defendant are the owners ofvarious items ofpersonal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 11 acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Plaintiff requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. COUNT N UNDER SECTION 3702 OF THE DIVORCE CODE 13. Plaintiff requests your Honorable Court to allow him alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Awarding alimony as the Court deems just and reasonable; D. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable; and E. For such further relief as the Court may determine equitable and just. MARTSON DEARDORFF WILLIAMS & OTTO By 9 G?? Thomas J. Willi Esquire Ten East High Street Carlisle, PA 17013 Date: October 31, 2002 (717) 243-3341 Attorneys for Plaintiff Plaintiff and Defendant are the owners of various motor vehicles and bank accounts VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Philip v. Hoffman CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Divorce Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO BTricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 31, 2002 F:\FIUS\DATA LB\Gmdoc .,443015-pel.lII& Gcat 07/25I0009?42-54 AM Revised: 10/31102 04'.2915 FM 10079.1 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- j 2- c?Z CIVIL ACTION-LAW BARBARA D. HOFFMAN, Defendant/Respondent IN DIVORCE PLAINTIFF'S PETITION FOR PROTECTIVE ORDER TO PRESERVE MARITAL PROPERTY AND NOW, comes Plaintiff, Philip V. Hoffman, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, pursuant to 23 Pa. C.S. §3323 (f) and, in support thereof, avers as follows: 1. Petitioner is Philip V. Hoffman (hereinafter "Husband"), an adult individual residing at 195 Hickory Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Barbara Hoffman (hereinafter "Wife"), an adult individual residing at 195 Hickory Road, Carlisle, Cumberland County, Pennsylvania. 3. The marital residence of the parties is located at 195 Hickory Road, Carlisle, Cumberland County, Pennsylvania. 4. Wife filed for a Protection from Abuse Order on September 17, 2002. 5. By Order dated October 30, 2002, The Honorable Edward E. Guido has excluded Husband from the marital residence, pending a hearing on November 18, 2002. 6. The parties are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. The house contains valuable collectibles acquired by the parties from all over the world. 7. Wife's attorney, Jacqueline M. Verney, concurs in the need to preserve the marital property until it can be inventoried and appraised and that an Order in the form attached hereto shall be entered. WHEREFORE, Husband prays Your Honorable Court to enjoin both parties from removing the household contents from the marital residence pending further Order of Court. Respectfully submitted, MARTSON DJEARDORFF WILLIAMS & OTTO By -- Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiff, Philip V. Hoffman VERIFICATION The foregoing Petition for Protective Order is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. r Philip V. Hofftp6 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiff's Petition for Protective Order to Preserve Marital Property was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By rieia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Datedp k 2' -v'ZR"z ' V w ? E`r _ PHILIP V. HOFFMAN, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- 3'9 :q )-- CIVIL ACTION - LAW BARBARA D. HOFFMAN, Defendant/Respondent IN DIVORCE ,?? pre,.Oe?t . AND NOW, this 4d y of N &Y12% 2002, in consideration of the foregoing Petition for Protective Order to Preserve Marital Property, in which both parties concur, both parties are enjoyed from removing household contents from the martial residence at 195 Hickory Lane, Carlisle, Pennsylvania, without agreement of both counsel pending further order of this Court. , J. oo c_ r,b v J at; ?, P.AFILESVDATAFILEVGendac .,\43015 acc se,h& C,eated 10/30!02 02.27.50 PM Revised- I110V0209.45-10AM 4301 5 PHILIP V. HOFFMAN, Plaintiff V. BARBARA D. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and says that she is the attorney for the named Defendant in the Complaint and that as such she has authority to accept service of said Complaint. acqu ine M. Verney, Esquire Dated: November 6, 2002 - 77 N F:\FILES\DATAFILE\C=doc.cur\43015-pet.3/cny Created: 11/20/02 09:24:16 AM Revised: 11/25/02 11:53:12 AM 4301.5 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION-LAW IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE VACATED BY WIFE AND NOW, comes Plaintiff/Petitioner, Philip V. Hoffmian, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO and moves the Court for an Order of Exclusive Possession of the marital property pursuant to 23 P.S. §3323(( and Pa. R.C.P. 1920.43 and in support thereof avers as follows: 1. Petitioner and Respondent were married on October 27, 1963. 2. Since on or about 1968 Petitioner and Respondent have resided at 195 Hickory Road, Carlisle, Pennsylvania 17013, Middlesex Township, Cumberland County (hereinafter the "martial residence"), a property at all times held in the name of Petitioner and Respondent as tenants by the entireties. 3. On or about November 14, 2002, Respondent removed herself and numerous contents of the martial residence to an undisclosed location. 4. Respondent no longer resides at the marital residence at 195 Hickory Road, Carlisle, Pennsylvania 17013. 5. On November 18, 2002, the parties agreed to the entry of a Protection From Abuse Order at Barbara Ann Donson v. Philip Vernon Hoffinan, 02-4452 Civil Term by the Honorable Edward E. Guido that precludes Petitioner from communicating to Respondent except through counsel and precludes Petitioner from being within 500 feet of Respondent except with counsel. A copy of said Order is attached hereto and marked as Exhibit "A". 6. Although Respondent has relocated from the martial residence, she could create a violation of the aforesaid Order by exercising her right to return if only for a moment. WHEREFORE, Petitioner requests that your Honorable Court grant him exclusive possession of the marital residence. MAl2TSON DEA:RDORFF WILLIAMS & OTTO By ?l't?JYhG?L . Thomas J. Willi s squire L D. Number 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 25, 2002 Attorneys for Plaintiff/Petitioner BARBARA ANN DONSON HOFFMAN, Plaintiff V. PHILIP VERNON HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4452 CIVIL TERM IN RE: MODIFIED PROTECTION FROM ABUSE ORDER ORDER OF COURT AND NOW, this 18th day of November, 2002, the modified protection from abuse order dated 9/26/02 is further modified to provide as follows: 1. Defendant may not communicate with Plaintiff other than through counsel. 2. Defendant shall not be within 500 feet of Plaintiff under any circumstances whatsoever unless accompanied by counsel. 3. The Defendant shall not have any contact whatsoever with Plaintiff under any circumstances whatsoever except as set forth in this modified order. In all other respects, our order of September 26, 2002, shall remain in full force and effect. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney 'c?omas J. Williams, Esquire For the Defendant Sheriff Victim - Witness Exhibit "A" srs VERIFICATION The foregoing Petition for Exclusive Possession to is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. hilip V. Hof F:\FILES\DATAFILE\Gendm.cud43015-pet.3 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition for Exclusive Possession of Marital Residence Vacated By Wife was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO BY?= x Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 25, 2002 n C.) F-7 } co ?il- C w ? na PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION-LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this a day of 2002, upon consideration of the foregoing Petition for Exclusive Possession, a Rule is hereby issued on Defendant, Barbara D. Hoffman, to show cause if any there be, why the relief requested should not be granted. Q B HE CO 1 J. C? ?WMAS, .4?I'rr PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5292 : CIVIL ACTION-LAW IN DIVORCE ANSWER TO RULE TO SHOW CAUSE AND NOW, comes Barbara D. Hoffman, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following in support of her Answer to Rule to Show Cause. 1-2. Admitted. 3. Denied. Defendant moved from the marital residence on November 7, 2002. By way of further answer, Defendant was advised by representatives from the District Attorney's office that her life was in danger if she remained at the residence. 4-6. This averment is speculative and requires no response. To the extent that a response is required, it is specifically denied. NEW MATTER 6. The answers contained in paragraphs 1-6 are incorporated herein by reference. 7. Prior to Plaintiff being ordered out of the residence, he removed the following items of personalty of significant value: A. Personal computer. B. Printer. C. Ten (10) Guns and rifles. D. Files belonging to both parties. E. Five (5) Madame Alexander dolls. F. Bread machine. G. Commercial milkshake maker. H. Carved ivory tusk. 1. Two (2) large pieces of quartz. J. Trains. 8. Defendant removed several items from the marital residence when she vacated the residence on November 7, 2002 prior to receiving the Order of November 6, 2002, attached hereto as Exhibit "A", enjoining both parties from removing any household contents. 9. Prior to Plaintiff's exclusion from the marital residence, Counsel for Plaintiff agreed to have the personalty inventoried. 10. To date, no inventory has been received. 11. Defendant objects to Plaintiffs exclusive possession of the marital residence for fear that he will dissipate, secret and remove the personalty located on the property in violation of the Order of November 6, 2002. 12. Defendant is not in any position financially to pay for an inventory and appraisal of the household contents. 13. Defendant requests Plaintiff to have an independent appraiser inventory and appraise the personalty and supply a copy thereof to Defendant prior to exclusive possession of the marital residence. WHEREFORE, Defendant requests that this Honorable Court deny Plaintiff's Petition for Exclusive Possession and Order an independent inventory and appraisal of the personalty. Respectfully submitted, /a-9 a J qu ne A Verney, Esquire #2$167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant VERIFICATION I verify that the facts included in the within Answer are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: ?a/? /0 ?. 1 QIIU Barbara D. Hoifinan CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing Answer was served upon the following on the date indicated by the following means: United States First Class Mail, Postage Prepaid Thomas J. Williams, Esquire 10 East High Street Harrisburg, PA 17101 1. "?- Date: /.L/ g A'z / vt ac eline M. Verney, EsquiLW23 67 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff/Petitioner ? ?, ; , cs tom: -?. s ..? ti . v E.? -4y __ ?„t,.., ?.. :-? ? -? - ?_:. . y.?.. ?i *.11 < (T " SHERIFF'S RETURN - REGULAR CASE NO: 2002-05292 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOFFMAN PHILIP V VS HOFFMAN BARBARA D BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA MIDDLESEX TOWNSHIP POLICE DEPARTMENT was served upon the WITNESS , at 1236:00 HOURS, on the 15th day of November , 2002 at 350 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 PAULA MULLEN, POLICE OFFICER a true and attested copy of SUBPOENA by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this /j, day of ?QeG?? 2©D 2 A.D. P othonotary So Answers: R. Thomas Kline 11/18/2002 MDW&O By : Deputy S eriff F:\FILES\DATAFILE\Gcndoc. arc\GEND0002\4301-5-pet 2/cny Created: 11/19/02 03:51:00 PM Revised: 02/07/03 03:33:19 PM 4301.5 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION-LAW : IN DIVORCE PETITION FOR CONTEMPT AND TO ENFORCE ORDER AND NOW, comes Plaintiff/Petitioner, Philip V. Hoffman, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, d files this Petition for Contempt and to Enforce Order as follows: 1. On November 6, 2002, the Court issued an Order enjoining both parties from removing contents of the marital residence at 195 Hickory Lajae, Carlisle, Pennsylvania 17013 without agreement. A copy of said Order is attached hereto and marked Exhibit "A". 2. Subsequent to said Order, Respondent Barbara D. Hoffman, removed household contents without notice or consent of Petitioner, Philip V. Hoffman, and at a time when Petitioner was not at home in direct violation of the aforesaid Order. 3. Respondent, Barbara D. Hoffinan, reloc4ted herself and the household contents to an undisclosed location. 4. Upon his return to the marital residence, Petitioner, Philip V. Hoffman, found numerous items missing from the martial residence. WHEREFORE, Petitioner prays your Honorabl Court to: (a) Find Respondent, Barbara D. Hoffman., in contempt of the Order of November 6, 2002; (b) Order and direct Respondent, B bara D. Hoffman, to forthwith return to the marital residence all of the items she removed from the marital residence following the Court's Order of I-fovember 6, 2002; (c) Reimburse Petitioner, Philip V. Hoffinan, for his costs and expenses, including attorney's fees, to enforce the Court's Order; and (d) Such other and further relief as the Court shall deem just and proper under the circumstances. Respectfully Subrnitted, MARTSON DEARDORFF WILLIAMS & OTTO By Thomas J. Williams, Esquire I. D. Number 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 7, 2003 Attorneys for Plaintiff PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02- _?5;Z CIVIL, ACTION - LAW BARBARA D. HOFFMAN, Defendant/Respondent IN DIVORCE ? plt,.DP?C . AND NOW, this 4day of ti , 2002, in consideration of the foregoing Petition for Protective Order to Preserve Marital Property, in which both parties concur, both parties are enjoyed from removing household contents from the martial residence at 195 Hickory Lane, Carlisle, Pennsylvania, without agreement of both counsel pending further order of this Court. , J. 7 Jeesj?? k ? ? .. .,v Exhibit "A" VERIFICATION Thomas J. Williams, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Philip V. Hoffman in the within action, certifies that the statements made in the foregoing Petition for Contempt and to Enforce Order are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Thomas J. Williams, Esquire F: \FILES\DATAFI LE\Gmdoc. arc\GEND0002\4301-5-pe[.2 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition For Contempt and to Enforce Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jacqueline M. Verney, Esquire; 44 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 7, 2003 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05292 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOFFMAN PHILIP V VS HOFFMAN BARBARA D DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon TUSH BEVERLY the WITNESS at 2013:00 HOURS, on the 4th day of February , 2003 at 1408 BRADLEY DRIVE APT L313 CARLISLE, PA 17013 by handing to BEVERLY TUSH a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit Surcharge .00 10.00 .00 31.45 Sworn and Subscribed to before me this G`= day of o7UO3 A.D. Prothonotar So Answers: ?. Thomas Kline 02/05/2003 MDW&O By: ti 4?-'?-1 J ?e O p Deputy Sheriff PHILIP V. HOFFMAN, Plaintiff V. BARBARA D. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5292 : CIVIL ACTION-LAIN IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes Barbara D. Hoffman, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following in support of her Answer and Counterclaim. COUNTI 1. Denied. Defendant is without sufficient knowledge to admit or deny that Plaintiff's address is 195 Hickory Road, Carlisle, Pennsylvania and therefore strict proof is demanded thereof. 2. Admitted in part and denied in part. It is specifically denied that Defendant lives at 195 Hickory Road, Carlisle, Pennsylvania. By way of further answer, Defendant lives at an undisclosed location due to a PFA Order. 3. Admitted. 4. Admitted. 5. Admitted. 6. A. Admitted. B. Denied. Defendant specifically denies that she has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome. To the contrary, Defendant, by way of counterclaim, alleges that Plaintiff has offered such indignities to the person of the Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and this action is not collusive. 7. Denied. Defendant is without sufficient knowledge to admit or deny the averment and therefore strict proof is demanded thereof. 8. This averment being a request for relief does not require a response. WHEREFORE, Defendant requests that this Honorable Court enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 9-11. Admitted. WHEREFORE, Defendant requests this Honorable Court equitably distribute the marital assets. COUNT II SPOUSAL SUPPORT AND ALI_ 12. This averment, being a request for relief does not require a response. By way of counterclaim, Defendant is without sufficient property and income to provide her with a reasonable income and cannot adequately support herself. Plaintiff has a far more superior economic position than Defendant. WHEREFORE, Defendant requests this Honorable Court to enter an Order granting Defendant spousal support and alimony. COUNT IV ALIMONY PENDENT LITE COUNSEL FEES AND EXPENSES 13. This averment, being a request for relief does not require a response. By way of counterclaim, Defendant lacks sufficient funds to support herself pending the divorce action, and to pay counsel fees and expenses incidental to this action. WHEREFORE, Defendant requests this Honorable Court to enter an Order requiring Plaintiff to pay alimony pendent lite, and Defendant's counsel fees and expenses. Respectfully submitted, -1 -0 cqu ne M. 'Verney, Esquire #23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant VERIFICATION I verify that the facts included in the within Answer and Counterclaim are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn falsification to authorities. Dated: Barbara D. Hoffman CERTIFICATE OF SERVICE 1, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing Answer and Counterclaim was served upon the following on the date indicated by the following means: United State First Class Mail Postage Prepaid Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Date:: -(1 ?--? iJ cqu ne M. Verney., Esquire #23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant C''? T4 C ''''` -: t 17 a7 G PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION-LAW : IN DIVORCE !?day RULE TO SHOW CAUSE AND NOW, this t 3 of F , 2003, upon consideration of the foregoing Petition For Contempt and to Enforce Order, a Rule is hereby issued on Defendant, Barbara D. Hoffman, to show cause if any there be, why the relief requested should not be granted. BY TJP Z_ OURT J. ?R N o VNVA,-1ASNN]d Lu 113! 0 1':.:JCt') PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5292 : CIVIL ACTION-LAW IN DIVORCE ANSWER TO RULE TO SHOW CAUSE TO PETITION FOR CONTEMPT AND TO ENFORCE ORDER AND NOW, comes Barbara D. Hoffman, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following in support of her Answer to Rule to Show Cause For Contempt and to Enforce Order. Admitted. Defendant admits an Order of Court was entered on November 6, 2002 enjoining the parties from removing household items from the marital home. By way of further answer Defendant does not recall exactly when she received the Order of Court but at the earliest it would have been received no sooner than November 9, 2002. 2. Denied. Defendant is without sufficient knowledge to admit or deny this averment. By way of further response, Defendant removed several household items prior to the Order of Court of November 6, 2002. Thereafter, on a date that Defendant does not recall, removed two rifles, previously inherited from her grandfather. Defendant does not recall whether she removed the rifles prior to or subsequent to receipt of the Order of Court. By way of further answer, Defendant sold the rifles to obtain funds to pay for her health insurance. By way of further answer, the Order of Court dated November 6, 2002 did not apply to non-marital property. 3. Admitted. It is admitted that Defendant relocated herself and household items to an undisclosed location due to an existing PFA against Plaintiff. 4. Denied. Defendant is without sufficient knowledge of what Plaintiff discovered at the marital residence and strict proof thereof is demanded. WHEREFORE, Defendant requests that this Honorable Court: 1. Deny Plaintiff s Petition for Contempt and to Enforce Order. 2. Deny Plaintiffs request to Order Defendant to return items she removed from the marital residence after November 6, 2002. 3. Deny Plaintiff s request for his costs, expenses and attorney's fees. Respectfully submitted, --r cq line M. Verney, Esquire #2316 414, South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant VERIFICATION I verify that the facts included in the within Answer are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: - / - p AdwAR, Barbara D. Hoffman CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing Exceptions was served upon the following on. the date indicated by the following means: United State First Class Mail Postage Prepaid Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Date: -?Q - U 0 A, PacqJ line M. erney, :Esquire #231 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant I-Fi i BARBARA D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PHILIP V. HOFFMAN, PACSES NO. 113104882 Defendant NO. 855 SUPPORT 2002 PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, PACSES NO. 917105015 Defendant NO. 992 SUPPORT 2002 PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, PACSES NO. 65:3105293 Defendant NO. 02-5292 CIVIL INTERIM ORDER OF COURT AND NOW, this 215t day of March, 2003, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Husband shall pay to the State Collection and Disbursement Unit for transmission to the Wife as spousal support the sum of $28.00 per month. B. The effective date of this order is September 23, 2002. C. The Husband shall pay the additional sum of $10.00 per month on the arrearages until paid in full. D. The Husband's complaint for spousal support is dismissed. E. The Wife's claim for alimony pendente lite is dismissed without prejudice. n ? , ?" ?' r?7n??!j?tita t r ; ,,.-,: 4, ??, i 1 r? ? ? r c? ? ? ' ?? .., t. G'9:., ?? ?? %i. ' .. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court,, Edward E. G Cc: Barbara D. Hoffman Philip V. Hoffman Jacqueline M. Verney, Esquire For the Plaintiff Thomas J. Williams, III, Esquire For the Defendant DRO BARBARA D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PHILIP V. HOFFMAN, PACSES NO. 113104882 Defendant NO. 855 SUPPORT 2002 PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, PACSES NO. 917105015 Defendant NO. 992 SUPPORT 2002 PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, PACSES NO. 653105293 Defendant NO. 02-5292 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on March 18, 2003, the following report and recommendation are made: FINDINGS OF FACT 1. The Wife is Barbara D. Hoffman, who resides in Carlisle, Pennsylvania.' 2. The Husband is Philip V. Hoffman, who resides at 72 Ladnor Lane, Carlisle, Pennsylvania. 3. The parties were married October 27, 1963. 4. The parties separated in November, 2002. 1 Because of the multiple captions the parties will be referred to as "Wife" and "Husband." The Wife desires that her address not be made part of this report. EXHIBIT "A" 5. On September 23, 2002 the Wife filed a complaint for spousal support docketed to 855 Support 2002. 6. On November 6, 2002 the Husband filed a complaint for spousal support docketed to 992 Support 2002. 7. On February 12, 2003 the Wife filed a claim for alimony pendente lite in the divorce action filed by the Husband and docketed to 02-5292 CIVIL. 8. The Husband was employed by P. R. Hoffman, Inc. as a Machine Operator and later as an Industrial Engineer until the early 1990's when his employment was involuntarily terminated. 9. The Husband has not been gainfully employed since the loss of his job with P.R. Hoffman, Inc. 10. In 1991 the parties acquired a woman's clothing store formerly owned by the Wife's sister and began operation of a bridal salon under the name "Kimberly's." 11. The parties' daughter and only child managed the business. 12. The Wife took a draw from the business of $250.00 per week although her only involvement in the business was writing checks to pay vendors, employees and other creditors. 13. The Husband's involvement in the business was minimal. 14. The business ceased operation in September, 2002. 15. Because of mismanagement of the business and the failure to pay sales taxes and employee withholdings, significant liens have been filed against the parties. 16. The Wife is 61 years of age and in poor health. 17. Over the past six years the wife has had surgery on her neck or back on seven occasions. 18. The Wife has significant mobility problems. 19. The Wife uses a walker and wears a neck collar. 20. The Wife is on daily pain medication, to include morphine. 21. The Wife is disabled and unable to work. 22. The Husband is 62 years of age. 23. The Husband experiences difficulty standing for any length of time, walking, lifting and bending, has a significant hearing loss and has unidentified intestinal problems. 24. The Husband has not worked in the manufacturing field in over ten years. 25. The likelihood of the Husband's obtaining employment in the manufacturing field is remote. 26. The Husband has the present ability to work part-time, approximately 20 hours per week, at positions paying a salary range of $6.00 to $7.50 per hour. 27. In September, 2002 the Wife filed a complaint against her Husband under the Protection from Abuse Act. 28. The parties eventually entered into a consent order whereby the Husband moved from the marital residence in November, 2002. 29. The Husband presently resides with his mother, an elderly woman with significant mobility problems and hearing loss. 30. The Husband assists his mother in daily living performing such tasks as cooking and driving her to appointments and to the grocery store. 31. Since 1988 the Husband's mother made significant monetary gifts to the parties and their daughter. 32. The trust from which the Husband's mother made said gifts was depleted in August, 2002. 33. The Husband's mother currently supports herself on income from a more restrictive trust. 34. The practice of the Husband's mother to make significant monetary gifts to the parties is no longer possible. 35.The Husband is not paying room and board while living with his mother. 36. The Husband's only source of income in 2002 was dividends totaling $824.00. 37. The parties refinanced the mortgage on the marital residence located at 195 Hickory Road, Carlisle in June, 2002 for $428,000.00. 38. Monthly payments on said mortgage are approximately $4,000.00. 39. The parties are in default on the mortgage and the lender is in the process of foreclosure. 40. The Husband has an expectancy of being the income beneficiary of a trust if his mother predeceases him. 41. The Husband is eligible to file for social security retirement benefits. 42. If the Husband applied for social security retirement benefits his benefits would be approximately $1,005.00 per month. 43. The Husband has a vested pension with the successor corporation to his former employer. 44. The Husband does not have the ability to draw his pension benefits without the written consent of the Wife who has not given said consent to date. 45. The Husband will file his federal tax return as married/separate. DISCUSSION Married persons are liable for the support of each other according to their respective abilities to provide support. 23 Pa. C.S. Section 4321(1). A dependent spouse is entitled to support from the other spouse until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa. Super. 1993). The party seeking to nullify the duty to pay spousal support bears the burden of proving conduct on the claimant's part by clear and convincing evidence. Hoffman v. Hoffman, 762 A.2d. 766 (Pa. Super. 2000). In determining a party's ability to pay a support obligation, the focus is on the party's earning capacity, not on his or her actual earnings. Mooney v. Doubt, 766 A.2d. 1271 (Pa. Super. 2001). Eaming capacity is not the amount a party can theoretically earn, but what the party could realistically earn under the circumstances, considering his or her age, health, physical and mental condition, and training. Riley v. Foley, 783 A.2d. 807 (Pa. Super. 2001). No testimony was presented by the Husband to establish by clear and convincing evidence that the Wife's conduct constituted grounds for a fault divorce. Consequently, he is liable for spousal support. The wife is clearly disabled and unable to work. She has undergone multiple surgeries on her neck and back over the past several years. Her mobility is obviously impaired. She is 61 years old and has had no practical work experience outside the household in the 40 years that the parties have been married.2 The Husband has remained out of the work force for over ten years. He is 62 years old and suffers from many of the symptoms associated with aging, to include sore feet, sore knees, hearing loss, pain in bending, lifting, etc. However, by the testimony of his expert witness, a Vocational Counselor and Evaluator, the Husband has the present ability to work a part-time job, four hours per day, earning $6.00 to $7.50 per hour. The likelihood that he has the ability to be rehired in the manufacturing field as a Journeyman Machinist earning $10.00 to $15.00 per hour is remote at best. The Wife's argument that the Husband could work a full-time job as a personal caregiver earning $8.00 per hour has no merit. While the Husband does perform certain household functions for his mother to include cooking and driving her to appointments, there is no credible evidence that he has the ability to perform these services on a full-time basis as employment. An earning capacity of $6.75 for 20 hours per week will be imputed to him. Additionally the $824.00 per year dividends will be treated as income for support purposes. Filing a tax return as married/separate, with gross monthly earnings from employment of $585.00 and $69.00 per month in dividend income, the Husband would have net monthly income of $578.00.3 "In computing a basic spousal support or alimony pendente lite award, the presumptively correct amount of support shall not reduce the obligor's net income below $550.00 per month." Pa. R.C.P. 1910.16-2(e)(1)(B). Therefore, under the guidelines the support obligation of the Husband cannot exceed $28.00 per month. A recommendation in that amount will be made.4 Orders for spousal support and alimony pendente lite may not be in effect simultaneously. Pa. R.C.P. 1910.16-1(c). Consequently the claim for alimony pendente lite filed by the Wife will be dismissed without prejudice. Because the Husband is not the dependent spouse, his complaint for spousal support will be dismissed. 2 Writing checks on the family business managed by her daughter is not considered practical work experience by this Master. 3 See Exhibit "A" for the deductions from gross income. 4 Should the Husband apply for and begin receiving social security retirement benefits, this will be a material and substantial change of circumstances meriting a modification of the support order. RECOMMENDATION A. The Husband shall pay to the State Collection and Disbursement Unit for transmission to the Wife as spousal support the sum of $28.00 per month. B. The effective date of this order is September 23, 2002. C. The Husband shall pay the additional sum of $10.00 per month on the arrearages until paid in full. D. The Husband's complaint for spousal support is dismissed. E. The Wife's claim for alimony pendente lite is dismissed without prejudice. V moo. L, `2- l , -zvo 3 Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Barbara D. Hoffman Defendant Name: Philip V. Hoffman Docket Number: PACSES Case Number: 113104882 Other State ID Number: Tax Year: Defendant Plaintiff 1. Fling Status Married Filing Separately Married Filing Separately 2. Who Claims the Exemptions ObI gee 3. Number of Exemptions 1 1 4. Monthly Taxable Income $653.67 - 5. Deductions Method Standard Standard 6. Deduction Amount $331.25 $331.25 7. Exemption Amount $254.17 $254.17 8. Income MINUS Deductions and Exemptions $68.25 -$585.42 9. Tax on Income $6.82 - 10. Child Tax Credit - - 11. Manual Adjustments to Taxes - - 12. Federal Income Taxes $6.82 - 12 a. Earned Income Credit - - 13. State Income Taxes $18.30 - 14. FICA Payments $44.75 - 15. City Where Taxes Apply Customize --Select-- 16. Local Income Taxes $5.85 - TOTAL Taxes $75.72 - SupportCak 2003 EXHIBIT "A" BARBARA D. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION PHILIP V. HOFFMAN, : PACSES NO. 113104882 Defendant : NO. 855 SUPPORT 2002 PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, ; PACSES NO. 917105015 Defendant : NO. 992 SUPPORT 2002 PHILIP D. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, : PACSES NO. 653105293 Defendant : NO. 02-5292 CIVIL PLAINTIFF'S EXCEPTIONS TO MASTER'S REPORT PURSUANT TO RULE 191012M 1. The Support Master's Report and Recommendation, on which the Court entered an interim Order on March 21, 2003, is against the weight of the evidence. 2. The Support Master's Report and Recommendation is contrary to law. 3. The Master erred in determining that Husband., Philip V. Hoffman had an earning capacity of $578.00 per month, despite the fact that Husband had not sought any employment. r ? PJ??r??nu,?? 4. The Master erred in not finding that Husband had an earning capacity in the amount of his social security benefits and retirement income. 5. The Master erred in not deviating from the support guidelines based on Wife's extraordinary expenses and Husband's lack of expenses. 6. The Master erred in applying Pa.R.C.P. 1910.16-2(e)(1)(B) and by not reducing the husband's income below $550.00. WHEREFORE, Plaintiff requests this Honorable Court to grant her exceptions and recalculate the spousal support obligation of Husband. Respectfully submitted, ac eline M. Verney, Esquire, #23 7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff, Barbara D. Hoffman Date: March 31, 2003 CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing Petition was served upon the following on the date indicated by the following means: First Class United States Mail Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Date: 3 ? icqine M. Vern y, Esquire 4 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff, Barbara D. Hoffman BARBARA D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATION SECTION PHILIP V. HOFFMAN, PACSES NO. 113104882 Defendant N.O. 855 SUPPORT 2002 PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, PACSES NO. 917105015 Defendant NO. 992 SUPPORT 2002 PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, PACSES NO. 653105293 Defendant NO. 02-5292 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before MICHAEL R. RUNDLE, Support Master, Cumberland County Domestic Relations Office, 9 North Hanover Street, Carlisle, Pennsylvania, on Tuesday, March 18, 2003, in the Support Master's Hearing Room APPEARANCES: JACQUELINE M. VERNEY, Esquire For the Plaintiff THOMAS J. WILLIAMS, III, Esquire For the Defendant FOR THE PLAINTIFF Barbara D. Hoffman Vernon Hoffman FOR THE DEFENDANT INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 4 20 30 36 42 54 Philip V. Hoffman 56 73 97 Angela R. Thompson 101 105 Kimberly H. Colton 107 112 Harry E. Donson 119 124 Michael Heit (qualifications) 132,136 134 137 142 157 Philip V. Hoffman 158 IND EX TO EXHIBITS FOR THE PLAINTIFF MARKED ADMITTED Ex. No. 1 - Plaintiff's Income & Expense statement 12 42 Ex. No. 2 - Invoice for medical insurance 14 42 Ex. No. 3 - Defendant's Income & Expense statement 98 159 FOR THE DEFENDANT Ex. No. 1 - Defendant's list of expenses 159 Ex. No. 2 - Defendant's SS retirement notice 82 159 97 2 Ex. No. 3 - Letter concerning Defendant's pension benefits 159 Ex. No. 4 - Defendant's 2001 Federal Tax Return 159 Ex. No. 5 - Joint 2000 Federal Tax Return 159 Ex. No. 6 - Federal Income Tax Summary for 1999 159 Ex. No. 7 - Joint 1999 Federal Tax Return 159 Ex. No. 8 - Trust Agreement 159 Ex. No. 9 - Letter from Mellon Bank 159 Ex. No. 10 - Copy of tax lien 159 Ex. No. 11 - letter from Plf's counsel to Defendant 159 Ex. No. 12 - Draft of Defendant's 2002 Federal Tax Return 159 Ex. No. 13 - no exhibit 159 tendered Ex. No. 14 - Plaintiff's PFA complaint 39 159 Ex. No. 15 - PFA order 159 Ex. No. 16 - CV of Mr. Heit 133 159 **(Unless otherwise indicated, the defendant's exhibits were marked prior to the hearing.) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE MASTER: We are here in the matters of Barbara D. Hoffman versus Philip V. Hoffman, case docketed to 855 Support 2002. That was a complaint for spousal support filed by Ms. Hoffman on September 23, 2002. We are also here on the case of Philip V. Hoffman versus Barbara D. Hoffman, case docketed to 992 Support 2002. That was a complaint for spousal support filed by the husband on November 6, 2002. And lastly, we have a claim for alimony pendente lite filed by the wife in the divorce action, Philip V. Hoffman versus Barbara D. Hoffman, docketed to 02-5292 Civil Term. Procedurally and inasmuch as the wife was the first to file any of the three actions, she will be considered the moving party to present her evidence first. Ms. Verney, you may begin. MS. VERNEY: I call Barbara Hoffman. Whereupon, BARBARA D. HOFFMAN, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. VERNEY: Q Will you state your name, please? A Barbara D. Hoffman. Q And, Barbara, where do you reside? A I am not allowed to give it out. There is a 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PFA against my husband until March 17, 2004. THE MASTER: In what municipality do you reside, ma'am? What town do you live in? THE WITNESS: Carlisle. BY MS. VERNEY: Q Can you tell us how old you are? A Sixty-on e. Q And your date of birth? A April 2n d, 1941. Q And you are the wife of Philip Hoffman? A Yes. Q And can you tell us when you were married? A October the 27th, 1963. Q And can you tell us the date of separation? A October 31st, 2002, I moved out of the house. Q And so you were married and living together for thirty-nine years? A Yes. Q Can you tell us your medical condition? A In six years I've had four neck surgeries and three lower back surgeries. And right before I moved out of the house Phil was to put a bar in the shower, and he didn't, and I fell and landed in the bathroom. And I had to call my doctor at John Hopkins. And he said I 5 1 probably cracked my tailbone from it, so... 2 Q And have you sought any medical treatment as 3 a result of th at fall? 4 A No. 5 Q As a result of those seven surgeries, do you 6 have mobility problems? 7 A Yes. 8 Q Can you tell us any other condition that 9 those surgerie s have resulted in? 10 A On my right side I have weakness. And in my 11 arms I cannot pick up things is what it is because they cut 12 all the muscles in my shoulders and all of that. And so 13 I'm limited to what I can do. 14 THE MASTER: Are you naturally right or 15 left-handed? 16 THE WITNESS: Right-handed. And my 17 surgeries were all on the right side. 18 BY MS. VERNEY: 19 Q When was the date of your last surgery if 20 you recall? 21 A It was two or three years ago, two or three 22 years ago. I could have brought that. 23 Q That's okay. Are you on any medication as a 24 result of the surgeries? 25 A Yes. 6 1 Q What medications? 2 A I take morphine, a small dose, three to four 3 times a day, with hydrox with every morphine. I take 4 Fosamax becau se I have osteoporosis extremely bad. I take 5 Celebrex. I take calcium four times a day. I take a 6 vitamin pill. And there might be one more. I 7 can't -- I th ink that could be it. 8 Q Now, can you tell us your past employment? 9 A I have not worked in thirty-nine years. The 10 only thing I did was at home for the store was I would 11 write the checks, but I was not in that store. 12 Q Mr. Rundle doesn't know anything about the 13 store. He on ly knows so far what you have testified to. 14 A I am sorry. 15 Q So you said you hadn't worked for 16 thirty-nine years. Did you work before the marriage? 17 A Yes. For about a year and a half. 18 Q And then when you got married did Philip 19 tell you you couldn't work? 20 A No. It was my father-in-law. 21 Q And that was Philip's father? 22 A Yes. 23 Q And can you tell me Philip's father's name? 24 A P. Reynold Hoffman. 25 Q And did Mr. Hoffman own a business here in 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Carlisle? A machinery. irrelevant. Yes. Several. Quartz crystal plants and MR. WILLIAMS: I object to this as THE WITNESS: And I -- THE MASTER: Hold on, ma'am. An offer. MS. VERNEY: It is just background in the fact that she was married thirty-nine years ago, and her husband and her father-in-law said she didn't have to work. THE MASTER: We have had enough background. BY MS. VERNEY: Q You mentioned a store. You need to give me some backgrou nd on what store you are talking about? A Kimberly's Bridal. Q And do you recall when that store opened? A No. Q Had it been in business eight years, seven years? A Q A the manager Q Yes. Maybe ten years. And were you the owner of the store? Yes. On paper only. Kimberly Hoffman was And she assumed it was hers. And who is Kimberly Hoffman? 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A My daughter. Q Now, I think you told us that for a time you took a salary from the store. How much did you take? A I took $250.00 a week for maybe two years, because after all those years I never took a cent. Q When did that stop? When did you stop taking a salary from Kimberly? A When Kimberly closed the store illegally. MR. WILLIAMS: Your Honor, I would ask that the witness be instructed to simply answer the question. And the question was when did you stop taking a salary, and she talked about Kimberly illegally closing the store. THE MASTER: Ma'am, do you know when you stopped taking the salary, the date? THE WITNESS: Yes. The store closed September the 6th of 2002. THE MASTER: Thank you. BY MS. VERNEY: Q And is that the last time you had any income? A Yes. Q Now, can you describe for me what you did for that salary? A I simply wrote the checks. That's all. Q All of the business checks for the business? 9 1 A Yes. 2 Q Now, did you do that at the store? 3 A No. 4 Q Where did you do that work? 5 A In my bedroom in bed. 6 Q As a result of your medical condition do you 7 go out much? 8 A No. 9 Q Can you tell us when you can go out and for 10 what reasons? 11 A Well, I go out on Friday afternoons. And my 12 housekeeper ta kes me to get my hair done and that sort of 13 thing. And de pending on how well I am we will go out maybe 14 like Tuesday a fternoons. And sometimes it is just to go to 15 McDonald's and have coffee, because I'm not able to do much 16 that day. 17 Q And do you go out and grocery shop? 18 A Yes. That's on Fridays too. 19 Q At the present time are you able to work? 20 A No. 21 Q When you did work what line of work did you 22 do other than Kimberly's Bridal? 23 A You mean before I was married? 24 Q Yes. 25 A I worked for Pomeroy's, and I opened the 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mail up. Q Can you tell us your education? A Twelve years high school. Q And do you have any special training after that? A No. Q And do you have any special licenses to do anything? A No. Q Can you tell me the address of the marital home? A 195 Hickory Road. Q And you are presently not residing there? A No. Q Can you describe the home for me? A Over 6,000 square feet. The quality was the best you could get. Early's completely decorated the house, and it was t he very best of... Q Does the house have an indoor swimming pool? A Yes. We have an indoor swimming pool, quite large, with Af rican trophies around them. Q And the African trophies were acquired how? A Phil 's father, P. Reynold Hoffman, took us on a safari to Afri ca. And six of those trophies are mine. Q And the house at Hickory Road, do you know 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 how many acres it sits on? A Approximately three, I believe. MR. WILLIAMS: I am going to object to this line of questioning because -- THE MASTER: I am wondering what the relevance is, Ms. Verney? MS. VERNEY: Her standard of living. And that goes to the APL claim. THE MASTER: I will allow it. MS. VERNEY: Will you mark this as Plaintiff's Exhibit No. 1? (Whereupon, Plaintiff's Exhibit No. 1 was marked for identification.) THE MASTER: For the purposes of this hearing we will have all of the wife's exhibits marked as Plaintiff's exhibits and all of husband's exhibits marked as Defendant's exhibits. Proceed. BY MS. VERNEY: Q I am going to show you what's been marked as Plaintiff's Exhibit No. 1 and ask you to identify that document? A Okay. It is the Common Pleas Domestic Relations -- it is income and expense statement. Q And if you would turn to page three of that 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 document. Can you tell me do you have any extraordinary expenses? A Yes. I have a housekeeper. Q Can you tell me how much you pay your housekeeper? A I pay her $300.00 a week. If I didn't have her, I wouldn't be able to -- she has to take care of me. I am not allowed to drive a car. I cannot do housework. She takes me everywhere. And even the days she is not there she comes at dinner time and makes sure I'm all right and all of that, and also on the weekends. Q When you say she is a housekeeper, is she really a caregiver? A Yes. Q And does she cook all of your meals for you, breakfast, lunch and dinner? A Yes. Q And how long has she been with you? A Over fifteen years. Q And so even when you and Mr. Hoffman lived together, she assisted you at your home? A Yes. Q Is there any other extraordinary expense? A (No response). Q I would direct your attention to your health 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 insurance. A Yes. My health insurance a year is 6,944.88. And it is paid quarterly. And it is high because of my health problems. And that includes my drugs also. I believe it does -- or not? Q I believe your drugs are on another column. A Yes. You are right. I am sorry about that. MS. VERNEY: Will you mark that as Plaintiff's Exhibit No. 2. (Whereupon, Plaintiff's Exhibit No. 2 was marked for identification.) BY MS. VERNEY: Q I am going to show you what has been marked as Plaintiff's Exhibit No. 2 and ask you to identify that document? A That's Capital Blue Cross, new insurance policy. And my rate went up. And it is $1,736.22 paid four times a year. Q You indicated that you are sixty-one years old. You will be sixty-two in April. Have you applied for Social Security? A No. I went, and they told me that I did not work long enough to acquire any Social Security. Q And would you be eligible for Social Security benefits if your husband was receiving Social 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Security? A Yes, I would. Q And to your knowledge has Mr. Hoffman applied for Social Security? A I do not know that. Q Now, can you tell me when Mr. Hoffman -- can you tell me his work experience? A Well, he worked at his father's plant his whole life. And when they downsized they left him go. Q Can you tell me how much he was making when he was left go? A Approximately 25,000. Q Can you tell me when he last worked there? A I'd say eleven years ago, approximately. Q So'you think in 1990 or 1991 or 192? A Yes. I think so. Q Now, when he worked and made $25,000.00, did he receive any other money? A Yes. He received four times a year money from his mother, plus at Christmas time a $10,000.00 Christmas gift. Q And as a total then can you tell me how much money he had received including his $25,000.00 salary? MR. WILLIAMS: I object to testimony about gifts since they are not part of the support income. 15 1 THE MASTER: What is your offer? 2 MS. VERNEY: My offer is that for twelve or 3 thirteen years he was receiving at least $70,000.00 total 4 compensation, remuneration. And that actually became an 5 entitlement to him after that long history of income. That 6 is continuing. 7 MR. WILLIAMS: I don't see how you can have 8 gifts being an entitlement. 9 THE MASTER: I will sustain the objection. 10 BY MS. VERNEY: 11 Q Do you know if Mr. Hoffman was ever entitled 12 to any trust money? 13 A Yes. When his mother dies, he -- 14 Q No. I mean prior. 15 A Yes. He had a trust. And I believe it was 16 around age thirty-five he went through it. 17 Q Do you know how much that trust was? 18 A I really can't remember, but it was a lot. 19 Q Now, do you know if Mr. Hoffman is entitled 20 to any pension benefits? 21 A I believe at the plant he has a pension. 22 Q And do you know if he is receiving any money 23 from his pension? 24 A No. I do not. 25 Q Now, are you aware whether or not Mr. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hoffman or you and Mr. Hoffman own any stock or mutual funds during the marriage? A Yes. Q Can you tell me what they were? A PLM, Pillar West, Airtrac, California Laser, Future Net. And there was Eddie Mayo, I believe, Oil Well. Q Now, do you know if he is receiving any income from those stocks or mutual funds? A No. I do not know. Q Have you received any income from those stocks or mutual funds? A No. Q Did you file a 2001 tax return? A Yes. Q Did you pay any taxes? A No. Q And why was that? A Because I have no money. Q The store, Kimberly's Bridal, did it ever make an y money? A Yes, it did. But it was run poorly. Q Did it ever make any money so that you had to pay Federal taxes? A No. THE MASTER: Counsel, tax returns, do you 17 1 have any? 2 MS. VERNEY: I have only one copy of it. 3 MR. WILLIAMS: If it please the Court, I 4 have got in my exhibits joint tax returns going back a 5 couple years w hich included the store -- 6 THE MASTER: It can wait. 7 BY MS. VERNEY: 8 Q When Mr. Hoffman stopped working in '91 or 9 '92, did he lo ok for another job? 10 A Not really. 11 Q Well, did he look -- yes or no? 12 A Yes, he did. 13 Q What jobs did he look for? 14 A For a job that he had before at the plant. 15 Q And do you know what his title was? 16 A Manufacturing engineer. 17 Q And how many places did he look for another 18 job? 19 A I believe two. 20 Q And was that immediately after he left work 21 at the plant? 22 A No. It took a while. 23 Q Did he receive Unemployment for a while 24 after he left the plant? 25 A Yes. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And once that Unemployment ran out, did he look for another job? A No. Q To your knowledge, has he looked for a job recently? A No. Q Now, are you aware of any medical condition that prevents him from working? A No. Q Does he work and did he work around the house when you lived together? A Definitely. Q What kind of work did he do around the house? A He has a backhoe. He would plant shrubbery and do that kind of thing. Anything that needed fixed he would do. In the poolroom he had put scaffolding up. And he was proceeding to put insulation and ceiling in. And he had just drained the pool. And he was going to sand it and paint it. Q And did that kind of work require him to work a substantial number of hours during the day? A Yes. Q In addition to that work, did he do maintenance at his mother's house? 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Whenever she needed things done. Q And do you know what kind of things he did there? A If anything broke at her house, or if Victor, the man that took care of the lawn, if the tractor or anything broke, Phil would go out and fix that. And he would also do errands for his mother. Q Now, his mother requires a housekeeper or a caregiver, does she not? A No. I don't think there is anyone there. Q Okay. A I don't know. Q Does Mr. Hoffman do that now? A I believe he does. I'm not sure. I know he lives there. MS. VERNEY: That's all I have. THE MASTER: Cross. CROSS-EXAMINATION BY MR. WILLIAMS: Q Mrs. Hoffman, you had testified that your husband hasn't worked in eleven or twelve years when he was laid off by P.R. Hoffman in a reduction -- or a contraction that they had. And would I be correct that in those eleven years he has earned zero income? A That's exactly right. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And you, on the other hand -- let me ask you about the store that you owned. You bought that store from your sister, did you not? A No. Q Didn't your sister have that store before you did? A We had 10,000 in it. And when she went bankrupt in Camp Hill, everything that was in that store we had paid for. Q And that was about 1990, correct? A I guess. Q And you testified to money that you took out of the store for compensation for yourself. Well, let me ask you, isn't it true that your husband provided income that he received from his mother as a gift to invest.in that store over the years, significant money? A Yes. And he got it back every year too. If you will look on the income tax, he received the amount that he put in, because that's how we lived. Q That's how you lived. Ma'am, you got gifts from Phil's mother too? A 10,000 at Christmas time was my Christmas present. Q And essentially you and Phil lived off gifts from his mother, correct? 21 I A That's right. 2 Q Because she received money from a trust, and 3 she was able to make gifts out of it, correct? 4 A There is more than one trust. 5 Q And the one trust where she was able to make 6 gifts out of it ran out in the spring of last year, 7 correct? 8 A Yes. But there is another trust that she 9 can draw off of... 10 Q You were saying there was another trust she 11 can draw off of? 12 A That's right. And the bankers, the trust 13 officer, and if she needs additional money, she has to go 14 before them, other than what she is allowed to have. 15 Q And your opinion on what she could draw from 16 that trust i s based on what, your interpretation of the 17 trust? 18 A No. I have seen the papers on the trust is 19 what it is. And there is 1.3 million in cash invested in 20 them at the bank. 21 Q You are aware, are you not, that Mellon Bank 22 has taken th e contrary position, that Mellon Bank being the 23 trustee of t he trust, correct? 24 A Right. 25 Q That they will give her money for her 22 1 purposes, but out of the B portion of this trust they will 2 not give her any money to gift? 3 A But she doesn't have to say what it is for. 4 She can say I need X amount of dollars. 5 Q Oh, she can lie to the bank. Is that what 6 you are saying? 7 A I'm just using that as an example. Because 8 whenever Phil wanted money, he would just call his mother. 9 Q I am going to show you what is marked as 10 Defendant's Exhibit No. 9. Have you seen that before? It 11 is a letter from Mellon Bank from the Trust Department? 12 A No. 13 Q Do you see where it says Philip Hoffman does 14 not have a current income interest in any trust with us, 15 the first paragraph? 16 A Yes. 17 Q Do you agree with that? 18 A Well, I believe he has an interest in it, 19 because when his mother dies, he gets all the interest off 20 of this trust. 21 Q When his mother dies? 22 A Plus a $300,000.00 life insurance policy. 23 And he is allowed to take a certain percentage of that 24 trust extra to live on. 25 Q So you disagree with the trustee, that there 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is no current income interest that your husband has, is that correct? A What I am saying is he follows up on this so he knows what is going on and what he will be getting, because he wants that money. Q Now, that letter is dated November 11, 2002. Do you see that? A Yes. Q And do you see where it says Trust A under this agreement was depleted and will be closed this year? A Yes. Q And wasn't that the trust that your mother was using to make gifts to you and your husband and your daughter? A Well, and also she was paying I believe maybe out of that -- she had -- because she was ill at one time, and she had a round-the-clock live-in to take care of her. And I know that was a substantial amount of money. And that helped to reduce it. Q But as of last year that trust is depleted, correct? A Right. Which was not much. Q Now, you were asked about standard of living. And if your mother-in-law was making $70,000.00 a year gifts to you and your husband and your daughter, and 24 1 now she can't do it anymore, that standard of living 2 doesn't apply today, does it? 3 A She is allowed to take out X amount of 4 dollars a year of the interest. And then if she needs 5 anything else, she goes to the bank, and they consider it. 6 And I do not believe for one minute she would let her 7 precious son go without any money. 8 Q I agree with you there, ma'am. Let me ask 9 you one other question about the store and the income that 10 you took out of it. You withheld money from your 11 employees, and you collected sales tax for the Commonwealth 12 of Pennsylvania, and you did not remit over $100,000.00 13 worth of this to the State or Federal government, correct? 14 A I personally did not do this. This was done 15 by Kimberly Hoffman. She handled all of that. And I have 16 proof of records of her not doing this. And I asked and 17 asked. And everything went to the store. I never received 18 anything at the house. 19 Q And, ma'am, as a result you were asked about 20 the house and how great it is, isn't there a tax lien 21 against the house by the Federal and State government of 22 well over $100,000.00? 23 A Well, it is not quite that, but I had 24 negotiated a loan for the tax. And my husband -- well, 25 Phil Hoffman, would not go along with it. I believe they 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had it from the beginning. Q Now, the question was, not to interrupt you, but there is a Federal and State tax lien against your house, isn't that correct? A Yes. Q All right. I saw in the paper, I think, a couple weeks ago that there was a settlement of that, is that true? A Of the house? Q Of the taxes with the Attorney General's Office? A That was just -- you didn't read the article right. It was for all the customers. When I met with the Attorney General, I said that my priority was to make sure all the customers that had put money in that store would get every cent back. And because of the sale of the merchandise and everything in the store, the Attorney General was able to pay back every customer every cent. Q So you are saying you sold merchandise out of the store after the separation with your husband? A Yes. Q Did you also sell marital property, guns and jewelry, that you took out of the house? A Yes. I sold some rifles, because in the first court hearing Mr. Hoffman was supposed to pay my 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 health insurance and he wouldn't do it. And when I walked out of the marriage I had no money. I had three credit cards to live on. And if I didn't sell those rifles, I was going to lose my health insurance. Q So, ma'am, in order to answer my question, the answer is, yes, you did sell marital property that you took out of the house without your husband's knowledge, and you kept the money and used that money for your own purpose, right? A They were my rifles, my grandfather's and mine. Q Is it also true that the mortgage on the house is more than it is worth, just the mortgage? A Yes, because -- Q And, in fact, the payment of the mortgage is $4,000.00 a month. And that hasn't been paid since last summer? A Yes. If the store wouldn't have been run badly, the store would have been paying that. Plus the reason that it is so high is because Phil Hoffman lost approximately $100,000.00 over telemarketer scams. And it was to pay back the credit cards also. Q The bottom line, ma'am, is when you talk about standard of living, you and your husband owe far more than you are worth, correct? 27 I A No. 2 Q Let me ask you about the date of separation. 3 You said it was October of 2002? 4 THE MASTER: Let me stop you there for a 5 second, Mr. Williams. 6 Ms. Verney, are you withdrawing your spousal 7 support claim and now proceeding purely on the claim for 8 alimony pendente lite? 9 MS. VERNEY: No, sir. 10 THE MASTER: In direct testimony you gave no 11 testimony on the facts leading up to the separation. 12 That's the reason I'm asking this question. 13 MS. VERNEY: I think she did refer to a PFA 14 and that that resulted in the separation. 15 THE MASTER: I want on the record facts if 16 you are requesting spousal support. And you may do so in 17 rebuttal if you prefer. 18 Continue, Mr. Williams. 19 MR. WILLIAMS: And just so the 20 record -- this is a matter of record, the PFA was entered 21 by consent with the denial of -- 22 THE MASTER: We will get testimony on that. 23 I don't want counsel to give me testimony. 24 MR. WILLIAMS: That's part of the record. 25 It was a consent order. 28 1 MS. VERNEY: It is not part of the support 2 record. 3 THE MASTER: Nor is it part of the divorce 4 record I assume. Correct me if I am wrong. 5 MR. WILLIAMS: That's true. That's true. 6 But there was testimony. 7 BY MR. WILLIAMS: 8 Q I am going to show you what's marked as 9 Defendant's Exhibit No. 11. Is that a letter that you 10 caused your attorney to be sent to your husband on August 11 the 12th of last year telling him to vacate the premises 12 and that you were going to get a divorce? 13 A No. I did not say a divorce. I said a 14 separation. And I would not have left the house if he had 15 not done things to me, as it states in this. 16 Q The letter states as a result of a recent 17 confrontation with you and your husband and your daughter. 18 A Yes. There were quite a lot of 19 confrontations from him. 20 Q Most of them, is it fair to say, over the 21 fact that he was not aware that you were not remitting 22 taxes, and all of a sudden gets tax notices? 23 A No. He knew this for two years. I have 24 papers on it. He and Kimberly knew it. 25 Q You talked about your housekeeper. She is 29 1 also your best friend, is she not? 2 A Yes. Because I have no friends anymore. 3 Q A lot of the things that she does with you 4 she does because she is your friend rather than an 5 employee? 6 A That's right. She does it for nothing, 7 because she knows I have no money. 8 Q And you can take care of yourself as far as 9 getting dressed, getting groomed, preparing meals, things 10 like that? 11 A Not the meals. 12 Q You don't prepare meals? 13 A No. Mornings until I take -- it takes me 14 two, two and a half hours, before I can even get moving 15 around and all of that. And in the evening meal I am tired 16 and all that, and I am not able to do it. And I shake a 17 good bit. 18 MR. WILLIAMS: No further questions. 19 MS. VERNEY: If I may? 20 THE MASTER: Redirect. 21 REDIRECT EXAMINATION 22 BY MS. VERNEY: 23 Q Can you tell me the allegations that were in 24 the PFA agains t your husband? 25 A Okay. He took a pistol out of the closet in 30 1 our bedroom and pointed it at me and cocked it at me. I 2 lived in my bedroom locked for a year and a half because he 3 would rant and rave. And everything I did was wrong, 4 absolutely everything. And the only way I had any peace 5 was to live in my bedroom. 6 I ate all my meals in there. And when my 7 housekeeper was there, I would come out of the bedroom, 8 because I knew he could not do anything to me. 9 And the last time was I was in my bedroom in 10 the afternoon, and this was the third time he had turned 11 off the electric to my bedroom. And it was because he was 12 standing on the other side of the door instructing me on 13 how many squares of toilet paper I was to use for each one. 14 And that's the truth. And I turned up my T.V. And he got 15 mad and he went and turned off the electric. And I waited 16 a half hour, and I went out to the box. And when I did he 17 was in one of the other rooms. And he locked my bedroom 18 door that I could not get back in. And I had to call my 19 housekeeper to come and get me. 20 And there is many, many more things he had 21 done. He had opened my mail. He listened on my telephone 22 conversations. He was trying to control me one hundred 23 percent. And when I started going out on Tuesday 24 afternoons, he did not like that, because he could not 25 control me. 31 1 is dated August 12, 2002. 2 A All right. I am very sorry. It was last 3 year that he did this to me with the pistol. We had had 4 arguments before about the store. And I was the one that 5 would say no, and he said yes. Whatever Kimberly wanted, 6 he gave her money-wise. And that's why Kimberly andI 7 never got along, because I was the one that said no. 8 Q So the incident that's described in that 9 August 12, 2002, letter happened right before the date -- 10 A Yes. I am sorry about what I said 11 previously. 12 Q And then at some point can you tell me how 13 the PFA was filed? 14 A I called and asked -- I got an appointment 15 with Mrs. Verney. And she became my lawyer. I explained 16 circumstances in my household. And she told me that I 17 needed to go to Domestic Violence, also to Legal Services. 18 And I went to Domestic Violence. And they wanted me to 19 stay there, and I said, no, I will not stay there. And so 20 they said that there would have to be a PFA against him, 21 because it was not safe to stay in the house. And Legal 22 Services also -- 23 MR. WILLIAMS: Objection to hearsay. 24 THE MASTER: Hold on, ma'am. 25 MR. WILLIAMS: Objection to hearsay. 33 1 THE MASTER: Objection sustained to that 2 portion of the testimony where she said what Domestic 3 Violence and Legal Services told her is stricken. 4 BY MS. VERNEY: 5 Q Now, there were a number of hearings 6 regarding the PFA? 7 A Yes. 8 Q And was a PFA entered at one point -- the 9 first time the PFA was entered, they did permit both of you 10 to stay in the house? 11 A Yes. 12 Q And what was the condition of that PFA? 13 A Mr. Williams explained in that hearing that 14 the house was so large that Phil could stay downstairs, and 15 I would stay upstairs. And we would communicate by notes. 16 That did not last a week. 17 Q So was there then a contempt hearing on the 18 PFA? 19 A Yes. 20 Q And at that time was Mr. Hoffman excluded 21 from the home? 22 A Yes. 23 Q Now, on the advice of people from the D.A.'s 24 Office, did you then remove yourself from the home? 25 A Yes. 34 1 Q And what was your fear? Why did you leave 2 the home? 3 A I was afraid this time that he was going to 4 kill me. His ragings was unbelievable. And the house, 5 like I said, was so large he could get in anywhere in that 6 house. And we had quite a few guns and rifles in the 7 house., And I was totally afraid of him. 8 Q Now, in response to Mr. Williams you 9 indicated that you sold some guns. And have you sold some 10 rings? 11 A I have my jewelry on loan to be sold, 12 because I need the money to live on. 13 Q So you have absolutely no income at the 14 present time? 15 A Absolutely no. I have, I would say, $113.00 16 in my checking account, and that's it. And on my credit 17 cards I have less than 300 that I can charge on. 18 Q Is that how you've been living, by using 19 your credit cards? 20 A Yes. And I have all the records. 21 Q The rings and the jewelry that Mr. Williams 22 referred to, were those gifts to you from the marriage? 23 A Yes. They were all gifts. 24 Q And it is your contention that they are not 25 marital propert y? 35 1 A That's right. They were all gifts. 2 MS. VERNEY: That's all I have. 3 THE MASTER: Recross. 4 RECROSS EXAMINATION 5 BY MR. WILLIAMS: 6 Q Just to clear up something right away, 7 ma'am, your husband has never, ever, laid a hand on you, 8 has he, isn't that correct? 9 A Oh, he grabbed me several times. 10 Q Okay. Grabbed you several times. 11 MR. WILLIAMS: I have a number of exhibits 12 already marked, so we will call this Defense Exhibit No. 13 13. 14 (Whereupon, Defendant's Exhibit No. 13 15 was marked for identification.) 16 MR. WILLIAMS: I am sorry, it is 14. 17 (Whereupon, Defendant's Exhibit No. 13 18 was remarked as Defendant's Exhibit 19 No. 14.) 20 BY MR. WILLIAMS: 21 Q I am going to show you the PFA petition that 22 you filed. And I would note that it was filed on September 23 17th, 2002. Do you recognize that as the PFA petition that 24 you filed against your husband? 25 A Yes. 36 1 Q Let me ask you some questions about the 2 allegations - - 3 A There were several of them. 4 Q All right. In paragraph twelve of the 5 petition you allege the things that happened recently, 6 the most rece nt incidents. And you say in August of 2002 7 you had an ar gument, and when you got up to leave the room 8 he raised his hand as if he were going to strike me. 9 A That's right. 10 Q That's all you say, correct? 11 A But he didn't. That's right. 12 Q All right. And then it asked about prior 13 incidents. And you talk about in the year 2000 he took a 14 gun out of the closet and he cocked it, and you were afraid 15 -- 16 A No. It was 2002 he did this. 17 Q So this is incorrect? 18 A I'm not sure. May I please see it? 19 Q Sure. 20 A I stand corrected. I am wrong. It was 21 2000. 22 Q All right. 23 A So many things have happened to me, it is 24 hard sometimes to remember. 25 Q So as a result of that order the sheriffs' 37 1 deputies came and took your husband out of the house, 2 correct? 3 A Yes. 4 Q Now, in August you have your attorney write 5 telling him to leave the house. He doesn't leave the 6 house. And then you go and you get a PFA action that 7 forces him out of the house, correct? 8 A Yes. 9 Q The Judge has a quick hearing, and the Judge 10 says he can go back in the house, just don't talk to you, 11 correct? 12 A And stay in his part of the house. 13 Q Whatever. And then you allege he is in 14 contempt, he spoke to me on three occasions. And we had a 15 hearing on that, correct? 16 A It was more than three times. And he came 17 in my part of the house and said to me -- I gave him a note 18 that said you cannot be in this part. And he said I can do 19 whatever I want to do. I can even come in your bedroom. 20 And I have all the papers to prove it. 21 Q Let me just get right to the point. We had 22 a hearing before Judge Guido. You had a lawyer. I 23 represented your husband. Judge Guido found him not guilty 24 of those contempt charges, correct? Dismissed your 25 petition, correct? 38 1 A He found him guilty just by a little bit, 2 not guilty because he was going to put him in jail is what 3 it was. An d there is still a PFA against him. 4 (Whereupon, Defendant's Exhibit No. 15 5 was marked for identification.) 6 Q I am going to show you what's marked 7 Defendant's Exhibit No. 15. Is that a copy of the order 8 Judge Guido issued after that hearing? 9 A Yes. 10 Q Does it not say that your petition for 11 contempt is dismissed? 12 A Yes. 13 Q Okay. And did Phil at that point agree to 14 stay out of the house just so this doesn't happen again, 15 correct? 16 A Yes. 17 Q You wanted him out of the house, he finally 18 agreed, I am leaving. I've had enough of this. 19 A I wanted him out of the house for my safety. 20 Q And, ma'am, the next day you moved out of 21 that house, correct? 22 A Now, wait. When was the date? I moved out 23 October 31st of that house. And I have the invoice to 24 prove that. 25 Q You had the movers come the day after you 39 1 were in court with Judge Guido on that contempt hearing, 2 correct? 3 A No. This is November the 18th. 4 Q Well, if you recall, the movers came a week 5 after you actually moved because you didn't have the right 6 bed? 7 A No. No. No. Zeiglers came two weeks in a 8 row. And the last date they came was October the 31st, 9 2002. Everything I took out of that house, which wasn't 10 even twenty percent, was old. And that's the truth. And 11 where I am living I had to go back to the house simply just 12 to sleep at night because I did not have my electric bed. 13 But everything was out of that house. 14 Q You described in your earlier testimony 15 about the husband's raging moods, and there is guns in the 16 house. You got an order excluding him from the house. He 17 agreed to that. And within a short time following that you 18 moved out of the house, correct? 19 A Yes. Because one of the things was I was 20 afraid he was going to be allowed to come back in the house 21 again. And I was afraid that he was going to harm me is 22 what it was. And -- 23 Q Has he ever harmed you in his life? 24 A Well, I would call when somebody points a 25 pistol at you and cocks it, that means that person is going 40 1 to harm you, whether it was then or later. 2 Q Okay -- 3 A And the person he has become wasn't the man 4 I married. 5 Q When you moved out of the house, did you 6 take the guns with you? 7 A Rifles, not guns. They were rifles. 8 Q What about the pistols? 9 A I don't know where that is right now. 10 Q Did you take them out of the house? 11 A The pistol was hid. And I have no idea 12 where it was. 13 Q Hid my who? 14 A That Monday, when my housekeeper came, I was 15 in the bedroom -- 16 Q Hid my who, ma'am? 17 A I told her to take it and put it somewhere 18 in the house. 19 Q All right. 20 A All right. Then -- 21 MR. WILLIAMS: I have no further questions. 22 THE WITNESS: -- when we moved out I have no 23 idea where it got because we were in boxes and things. I 24 may have the pi stol. I don't know. I have not gone 25 through things, because I can only go through when Bev is 41 I there to help me. 2 THE MASTER: Any further direct? 3 MS. VERNEY: No. And I would move for the 4 admission of our two exhibits. 5 MR. WILLIAMS: No objection. 6 THE MASTER: They are admitted. 7 Ma'am, you may step down. 8 THE WITNESS: Thank you. 9 THE MASTER: Ms. Verney, do you have any 10 other witnesses? 11 MS. VERNEY: I would call Vernon Hoffman. 12 Whereupon, VERNON HOFFMAN, having been 13 duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MS. VERNEY: 16 Q Will you state your name, please? 17 A Vernon Hoffman. 18 Q And are you the mother of Philip Hoffman? 19 A Yes, I am. 20 Q Now, ma'am, I sent a subpoena to Mr. 21 Hoffman's attorney asking you to bring all of the checks 22 for 2001, 2002, and 2003 that you have given to Philip. 23 Did you bring those with you today? 24 A The lawyer has them I guess. I didn't bring 25 anything, Philip did. 42 1 MR. WILLIAMS: For the record, we found some 2 checks that I think are responsive to the subpoena. She 3 would not know where they were. Her son found them. And 4 he is getting them now. They are with the daughter. 5 THE MASTER: Do you wish some time to review 6 these checks b efore examination? 7 MS. VERNEY: No. I can proceed until we get 8 them. 9 THE MASTER: Continue. 10 BY MS. VERNEY: 11 Q Mrs. Hoffman, where do you live? 12 A 32 Ladnor Lane. 13 Q Is that in Carlisle? 14 A Yes. 15 Q And you are a widow? 16 A Yes. 17 Q Can you tell me how long ago your husband 18 passed away? 19 A He died in 1984. 20 Q And are you the recipient of certain trusts 21 from your husband? 22 A Yes. I can't give them anymore money. I 23 guess I shouldn't have given it in the first place. 24 Q Do you know, does Mr. Hoffman have any 25 trusts? 43 1 A Pardon me? 2 Q Does Philip have any trusts? 3 A I don't think so. 4 Q Did he have a trust at one time? 5 A I think so. 6 Q Now, Philip used to work at your husband's 7 manufacturing plant? 8 A Yes. 9 Q Do you know what he did there, what Philip 10 did at the plant? 11 A When he started there? 12 Q Yes. 13 MR. WILLIAMS: He is going to testify about 14 all of that. 15 THE WITNESS: About a year or two -- 16 THE MASTER: Hold on, ma'am. 17 THE WITNESS: -- after he graduated from 18 high school. I can't tell you when. That's a ways back. 19 MS. VERNEY: I am just getting some 20 background. 21 THE WITNESS: After all, I am ninety-five 22 years old -- 23 THE MASTER: Ma'am. 24 MS. VERNEY: That's okay. That's okay. 25 THE MASTER: What's the purpose of getting 44 1 this background in for this witness? 2 MS. VERNEY: I will withdraw it, or I will 3 move on. 4 THE MASTER: Move on. 5 BY MS. VERNEY : 6 Q Mrs. Hoffman, when did you start giving 7 Philip money? 8 A I can't tell you. It has been quite a few 9 years ago. 10 Q Did you give him any money this year so far? 11 A Just a little bit to pay the lawyer. That's 12 all. 13 Q Now, Philip l ives with you now? 14 A Yes. 15 Q Does he do th ings at the house for you? 16 A Yes. 17 Q What kinds of things does he do for you? 18 A Well, he helps get the meals. And he checks 19 everything in the house. He does all the things that a 20 husband would do. 21 Q And does that take him all day? 22 A No. 23 Q Does he fix your breakfast, lunch and 24 dinner? 25 A He helps. 45 1 Q Who does he help? 2 A Me. 3 Q Now, before Philip came to live with you, 4 did you have a caregiver? 5 A I was by myself until I had an accident and 6 broke my pelvi s. I was in the hospital for a month. Then 7 I had a woman that come in to help me. She wrecked up my 8 whole house. And she left in October. And then Philip 9 moved in with me after he left Barbara -- she left him 10 rather. 11 Q What did you pay the person that helped you 12 at your house? 13 A $110.00 a day. 14 Q And how long did they stay? 15 A She moved in. She stayed all day and all 16 night. 17 MR. WILLIAMS: Excuse me. Are you asking 18 about the one for the broken hip or the housekeeper? 19 MS. VERNEY: I didn't know there were two. 20 THE MASTER: Get the name of the individual 21 on the record. 22 BY MS. VERNEY: 23 Q Mrs. Hoffman, the person that you paid 24 $110.0 0 to sta y with you, what was her name? 25 A Abigail Luick. And then when she went away 46 1 to get married -- 2 Q Just wait. Just wait. Just answer my 3 questions. Give me the dates, if you can, of when she 4 worked for you? 5 A She came when I left the hospital in July. 6 Q July of 2002? 7 A The end of June she came there. And she 8 left in July to get married for two months. And then I had 9 another woman come in for two weeks while she was gone. 10 And then she was there until October. 11 Q Was that Abigail that was there until 12 October? 13 A Yes. 14 Q Except for the two weeks that she was on her 15 honeymoon. And did you pay her for seven days a week 16 $110.00 a day? 17 A You mean the other person? 18 Q No. Abigail. 19 MR. WILLIAMS: I am going to object to this 20 whole line of questioning as irrelevant. 21 THE MASTER: What's the offer? 22 MS. VERNEY: The offer is that she is no 23 longer paying somebody $110.00 a day because now she has 24 Mr. Hoffman at home doing that same work for her. And that 25 is income to him. 47 1 MR. WILLIAMS: Because now she has recovered 2 from her hip injury. That's why she doesn't have 3 somebody -- 4 MS. VERNEY: I don't believe that's her 5 testimony. 6 THE MASTER: You can bring that out on 7 cross. Objection overruled. 8 BY MS. VERNEY: 9 Q In addition to Abigail did you have a 10 housekeeper? 11 A Yes. For a few weeks. 12 Q What was her name? 13 A Beverly Tush (phonetic). 14 Q And that's the same caregiver that Mrs. 15 Barbara Hoffm an has, is that right? 16 A Yes. 17 Q And how long did Beverly work for you? 18 A I can't remember. Quite a few years. 19 Q And how many days a week would she work? 20 A Two mornings. 21 Q And what did you pay her? 22 A $40.00. 23 Q A day? 24 A A day. 25 Q Now, presently do you have a housekeeper? 48 1 A No. 2 Q And do you have a caregiver like Abigail? 3 A No. Philip is my caregiver. 4 A So Philip is now taking care of both the 5 housekeeping and the caregiving? 6 A Yes. 7 Q Now, do you pay him $110.00 a day? 8 A I never paid him anything yet. I think 9 maybe that's what I should do. 10 Q Is he worth $110.00 a day like Abigail? 11 MR. WILLIAMS: Objection. 12 THE WITNESS: I don't know. 13 THE MASTER: Overruled. 14 BY MS. VERNEY: 15 Q Prior to June, when you broke your hip, did 16 you have anybody helping you at home? 17 A No. 18 Q You were home all by yourself? 19 A Yes. 20 Q Now, did you have somebody that cut the 21 grass? 22 A Yes. 23 Q And what was that person's name? 24 A Victor McCoy (phonetic). 25 Q And what did you pay Victor? 49 1 A $10.00 an hour. 2 Q Do you know how many hours a week on average 3 he would have worked? 4 A No. 5 Q Does Victor still work for you? 6 A Yes. 7 Q Did he work in the wintertime? 8 A No. 9 Q He only cuts your grass? 10 A Yes. 11 Q Now, in the wintertime who would clear your 12 driveway? 13 A I have a man that comes from Gardners to do 14 it. 15 Q Has Philip ever done that? 16 A Yes. 17 Q How recently has Philip done that? 18 A Well, the last snow he came out and used his 19 blower and mov ed most of the snow. 20 Q So Philip does that around the house? 21 A Yes. 22 Q Does Philip also -- 23 A He will probably cut the grass too instead 24 of Victor. 25 Q Now, you said you've only given him money in 50 1 2003 for his attorney's fees? 2 A That's right. 3 Q Did you get that money from the trust? 4 A I had it in my checking account. 5 Q And is your only income from the trust? 6 A Pardon me? 7 Q Do you get Social -- 8 MR. WILLIAMS: Objection. It is irrelevant. 9 Her income has nothing to do with this. 10 THE MASTER: Sustained. 11 MS. VERNEY: But -- 12 THE MASTER: Sustained. 13 THE WITNESS: I have trusts that -- 14 THE MASTER: Ma'am, you don't have to 15 answer. 16 BY MS. VERNEY: 17 Q You don't have to answer that last question. 18 A Pardon me? 19 Q You don't have to answer that last question, 20 okay. When you gave Philip the money in 2002, do you know 21 how much money you gave Philip in 2002? 22 MR. WILLIAMS: Objection as irrelevant. 23 THE MASTER: Sustained. 24 BY MS. VERNEY: 25 Q Any of the money that you gave to Philip in 51 1 2002, was that for him to come out to the house and do 2 things? 3 A No. That was all through the year when he 4 was still living with Barbara. 5 Q And so it wasn't for him to come out and do 6 things at the house? 7 A No. I automatically gave them so much every 8 year. I forget how many years I have done that. And I 9 called my CPA Bob Ritter one day, and I said I have this 10 money, why don't I give Philip and Barbara some money while 11 I can see them enjoy it. So they both had it to use. And 12 Barbara knows that. 13 Q I think Barbara -- 14 A She is shaking her head no, but she -- 15 Q -- testified to that. 16 A I would call her and I would say, Barbara, 17 the bank is giving me $10,000.00, tell Philip. She knew 18 what she was getting. 19 Q And you would give Barbara 10,000, and you 20 would give Philip 10,000? 21 A And around Christmas time I gave them each, 22 Philip, Barbara and Kimberly, $10,000.00 because I could 23 get that tax-free. And I gave them the money. I think the 24 two of them used it. I am sure they did. 25 MS. VERNEY: May I see the checks? 52 1 MR. WILLIAMS: Well, we have the checks 2 here, but I think they are irrelevant because they all 3 constitute gifts from mother to son. 4 THE MASTER: Did she issue a subpoena for 5 checks? 6 MR. WILLIAMS: Yes. 7 THE MASTER: Let her examine the checks. 8 THE WITNESS: I have exhausted that one 9 trust. 10 THE MASTER: Ma'am -- 11 THE WITNESS: I won't be able to give them 12 anymore. So I don't know how -- 13 THE MASTER: Ma'am, don't say anything. 14 MS. VERNEY: Only answer questions that 15 people ask you. 16 THE WITNESS: I would like to say a few more 17 things. 18 THE MASTER: Ms. Verney, do you need a 19 recess to look at the checks? I'll take five minutes. 20 A five minute recess. 21 (Whereupon, a brief recess was taken.) 22 AFTER RECESS 23 THE MASTER: We are back on the record. 24 Continue, Ms. Verney. 25 BY MS. VERNEY: 53 1 Q Mrs. Hoffman, if Philip had to go out and 2 get a job, would you have to hire somebody to work? 3 A I'm not sure. 4 Q If he couldn't live with you -- if he didn't 5 want to live with you anymore, would you have to get 6 somebody to stay with you? 7 A I imagine eventually. But right now I think 8 I could manage. 9 Q And you testified that he has been staying 10 with you since October? 11 A I guess it has been that long. I didn't 12 write it down. I'm an old lady. I don't remember that. 13 MS. VERNEY: That's all I have. 14 THE MASTER: Is there any cross? 15 MR. WILLIAMS: Yes, there is. 16 CROSS-EXAMINATION 17 BY MR. WILLIAMS: 18 Q The person you were paying $110.00 a day you 19 said was Abigail. Was that a nurse? 20 A No. She worked for people by the name of 21 Care for People. 22 Q Care for People? 23 A Yes. Bellefonte, Pennsylvania, I think it 24 is. 25 Q Was that because of your injury that you 54 1 needed her, your hip fracture? 2 A Yes. I was in the hospital. And I didn't 3 know whether I was going to a nursing home or home. And I 4 decided I wou ld rather be in my own home. So that's why 5 Philip helped me decide who to get. 6 Q And after you recovered, you didn't need 7 this person anymore, correct? 8 A No. I think I could manage. 9 Q All right. Now, Beverly Tush was your 10 housekeeper, and she worked for you for, I don't know, a 11 number of years did you say? 12 A Yes. Quite a few number of years. 13 Q And you paid her you said $40.00 a day? 14 A Yes. 15 Q And that was for two days -- 16 A For one morning. 17 Q Pardon me? 18 A For one morning. She worked Tuesday morning 19 and Wednesday morning. 20 Q So that's a total of $80.00 a week? 21 A Yes. 22 Q $80.00 a week is what you paid her? 23 A Yes. 24 Q You talked about the gifts that you made 25 over the many years to Philip and Barbara. Did they stop 55 1 last year because the trustee, Mellon Bank, refused to give 2 you money to make those gifts? 3 A I have exhausted the one trust fund, so I 4 can only use it for me now. 5 Q That's what I wanted to clarify. Thank you, 6 ma'am. That' s all the questions I have. 7 THE MASTER: Any redirect, Ms. Verney? 8 MS. VERNEY: No redirect. 9 THE MASTER: Ma'am, could you spell your 10 first name? 11 THE WITNESS: V-e-r-n-o-n. I have a boy's 12 name. It has given me trouble all my life. 13 THE MASTER: That's all. Thank you, ma'am. 14 MS. VERNEY: This witness is excused if 15 that's... 16 (A discussion was held off the record.) 17 MS. VERNEY: I rest and move for the 18 admission of -- that was done? 19 THE MASTER: You already had them 20 introduced. 21 MR. WILLIAMS: I call Phil Hoffman, please. 22 Whereupon, PHILIP HOFFMAN, having been 23 duly sworn, testified as follows: 24 DIRECT EXAMINATION 25 BY MR. WILLIAMS: 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q State your full name, please? A Philip Vernon Hoffman. Q Were you born March 13, 1941? A What was that date again? Q March 13, 1941. A Yes, I was. Q And so a couple of weeks ago you turned sixty-two? A Correct. Q You graduated from high school in 1959? A Right. Q Here in Carlisle? A Yes. Q And then you went to college in Dover for a year, Wesley College was it? A Yes, it was. Q You married Barbara October 27, 1963? A Right. Q And your daughter, your only child, Kim, was born in 1969? A That's right. Q You went to work at your father's company, P.R. Hoffman, after that one year in college? A That's right. Q And you worked there for thirty-one years? 57 1 A That's right. 2 Q Now, your father sold that business in 1962? 3 A Yes. 4 Q So that would have been a year or two after 5 you started there? 6 A That's right. 7 Q So for most of those thirty-one years you 8 worked for the new owners? 9 A That's right. 10 Q And your father died when? 11 A I forget. I think my mother testified '84 12 or something like that, '86. I forget. 13 Q All right. Your job there, what exactly did 14 you do for P.R. Hoffman, toward the end? 15 A Towards the end I was in the manufacturing 16 engineers, which did the programming for the 17 computer-operated machinery and charted maintenance and 18 stuff to keep the machinery going and stuff like that. 19 Q Would that be described as a machinist? 20 A Well, I did that, yeah. I was a journeyman 21 machinist. But the others kind of go more or less beyond 22 kind of deal. And I had to use that to program the 23 machinery and stuff. 24 Q And were you laid off in 1991? 25 A That's right. 58 1 Q Have you worked a day since for income? 2 A No. 3 Q And when you were laid off in 1991, would 4 you agree with your wife you were making about $25,000.00 a 5 year? 6 A That's right. 7 Q Were you going to get another job after you 8 were laid off? 9 A Yes, I was. 10 Q What happened? 11 A My wife didn't want me to. She wanted me to 12 stay and take care of her and stuff. 13 Q Does she have health problems? 14 A Yes. 15 Q That she has described here for us? 16 A That's right. 17 Q Did she have throughout the '90's a series 18 of operations? 19 A Yes, many of them. 20 Q And what assistance did you provide to your 21 wife during that period of time? 22 A Well, when she had the surgeries I 23 would -- when s he started having trouble we got her down to 24 Johns Hopkins. And we had to pay for the doctors there, 25 because Blue Sh ield at that point wouldn't pay for doctors 59 1 in Maryland. And then -- 2 Q Let me ask you. Did you provide the 3 transportation to and from her doctors' and her hospital 4 stays? 5 A Yes. 6 Q Did you stay in Baltimore at John Hopkins? 7 A When she had a surgery, I would stay there 8 to, you know, sit around and be with her, you know, so she 9 wouldn't be alone. 10 Q When you were home, did you run her around 11 to her hairdresser and shopping and things like that? 12 A That's right. And cooked the meals and, you 13 know, helped her and stuff when she was laid up. 14 Q And during these years were you receiving 15 and Barbara receiving regular gifts from your mother? 16 A That's right. 17 Q Did they stop last year? 18 A Yes. 19 Q And shortly after they stopped, did you get 20 that letter from your wife's lawyer saying she wanted you 21 out of the house and wanted a divorce? 22 A That's right. 23 Q Your wife was involved in a store called, 24 what, Kimberly's Bridal? 25 A Kimberly's Bridal. 60 I Q And how did she get involved in that store? 2 A Well, when her sister kind of went bankrupt, 3 she decided she wanted to start it up, maybe for Kimberly 4 or something. And that's how it got started in Carlisle 5 as a regular dress store. And then they switched it over 6 to bridal. 7 Q A regular dress store and switched over to 8 bridal? 9 A Yes. 10 Q Over the years did you invest in that store? 11 A Yes. 12 Q Did you get your money back? 13 A No. 14 Q You agree with your wife's testimony that 15 the mortgage on that house hasn't been paid since last 16 summer of $4,000.00 a month? 17 A That's right. 18 Q And been threatened with foreclosure? 19 A Yes. 20 Q Neither you nor your wife live there? 21 A No. 22 Q You have Internal Revenue Service and 23 Pennsylvania Department of Revenue liens against the house 24 and -- 25 A That's right. 61 1 Q And against you and your wife? 2 A Yes. 3 Q Let me ask you about that. How did you find 4 out that money that was withheld from sales tax or from 5 employees Federal withholding was not being remitted 6 properly? 7 MS. VERNEY: I think that's irrelevant -- 8 THE WITNESS: Well -- 9 MS. VERNEY: The whole line of questioning 10 is irrelevant. 11 THE MASTER: You are making an objection? 12 MS. VERNEY: I object. Its irrelevant. 13 THE MASTER: What's your offer? 14 MR. WILLIAMS: The offer is to rebut the 15 testimony of the wife as to the source of their unhappiness 16 as being... 17 THE MASTER: Overruled. 18 BY MR. WILLIAMS: 19 Q How did you find out about it? 20 A Well, I would go out and get the mail. And 21 the stuff came there one day, and I thought, you know, I'm 22 going to open this up. And it was from the State. And 23 luckily I was sitting down in the den. And I opened it up, 24 and it said it was $47,000.00 worth. It was for several 25 years that the taxes weren't paid. Which it wasn't all on 62 1 the time when everything went down, I didn't even know that 2 she wasn't paying the IRS. There was a thing came there. 3 And I said, what's this five or $6,000.00 thing. She said 4 that's a mistake. I have been dealing with them with this 5 thing. And it turned out it was a mistake because she owed 6 $46,100.00. 7 Q Were your arguments with your wife over this 8 horrendous and sudden to you tax liability? 9 A Yeah. It wasn't really so much about that. 10 But the problem was that she wouldn't discuss it. She 11 wouldn't discuss the store. I was kind of in the middle. 12 I would get the stuff from the Internet, from the bank, 13 give it to her. And then she would get on. And then I 14 would call Kimberly. And then Kimberly would say, well, we 15 need this. But Barbara didn't want to discuss anything. 16 And I had money invested in it. 17 And the funny thing is when she kind of 18 filed all this abuse thing, I wasn't even bothering with it 19 because I knew it was hopeless, because, you know, it was 20 too much with the taxes and everything else. 21 Q All right. Have you ever laid a hand on her 22 or threatened to lay a hand on her? 23 A No. 24 Q Ever, at anytime? 25 A No. 64 1 Q She talked about an incident with a pistol. 2 Do you have a recollection of having a pistol? 3 A Yeah. There was two pistols in the bedroom 4 closet. And I went in there and I thought I better oil 5 those guns, because the one was one my father had. And it 6 was kind of rusty. So I took them down, oiled them and 7 brought them back up and put them in the bedroom. And then 8 later on or something then she came up with this or 9 something, that I supposedly threatened her with a gun, 10 which I never -- 11 Q Well, now, when you took these pistols down, 12 is it your practice to cock the guns to check -- 13 A Yeah. Even though I knew they were empty, 14 it is good practice to open them up to, you know, make sure 15 they are empty. 16 Q Did you ever point a gun at your wife? 17 A No, I didn't. 18 Q Or threaten her in any way with a firearm? 19 A No. They can't get the story straight. One 20 minute it is pointing it. And then the PFA they just said 21 I cocked the gun. 22 Q Now, your gun is -- you and your wife and 23 your whole family were hunters? 24 A Right. 25 Q Your house is loaded with guns? 65 1 A Yeah. And then she was saying she was 2 afraid to be in the house because of the guns. But they 3 complained that I was taking some of the guns out of the 4 house. She wanted them there because she figured the value 5 of the guns. 6 Q I am just going to show you some documents 7 in sequence here. Is this your complete 1999 Federal 8 income tax return that you have filed with your wife? 9 THE MASTER: What exhibit number is that, 10 counsel? 11 MR. WILLIAMS: I am sorry, yes. 12 BY MR. WILLIAMS: 13 Q That's Exhibit 7, Defendant's Exhibit 7. 14 A Yes, it is. 15 THE MASTER: What year, sir? 16 THE WITNESS: 1999. 17 BY MR. WILLIAMS: 18 Q And I am going to show you what's marked as 19 Defendant's Exhibit No. 6. Is this a summary for you and 20 Barbara prepared by your accountants for the years 1999 and 21 1998, indicating the tax liability and the deductions and 22 so forth? 23 A Yes, it is. 24 Q And No. 5, is this a copy of your joint 2000 25 Federal income tax return filed with you and your wife? 66 1 A Yes, it is. 2 Q Do any of them show any income for you? 3 A No. 4 Q In fact, they are all losses? 5 A Right. 6 Q And I am going to show you what's marked as 7 Defendant's Exhibit No. 12. Is this a draft of your 2002 8 income tax return that you just received yesterday from 9 your accountant? 10 A Yes, it is. 11 Q Does that show zero income? 12 A Yes, it does. 13 Q Have you filed for Social Security yet? 14 A Not yet. 15 Q You intend to? 16 A Probably. 17 Q I am going to show you what's marked as 18 Defendant's Exhibit No. 3, and ask if that is a statement 19 from your pension plan where you last worked in 1991? 20 A Yes, it is. 21 Q And the date of that is 1992, correct? 22 A Yes. That's the last correspondence. 23 Q And does that indicate that at age 24 sixty-five you will get about $550.00 a month from that 25 pension? 67 1 A 554.84, yes. 2 Q And you could get it earlier, but it 3 requires your wife to sign? 4 A Yeah. I am not sure. I wasn't sure how 5 exactly it read or was it changed, she would have to do 6 that or something. I wasn't sure. But you take a 7 reduction. 8 Q There is an option where there could be a 9 joint and several payment that she would have to sign off? 10 A Yes. 11 Q And it would be at age sixty-two instead of 12 sixty-five, so your amount would less, correct? 13 A Yes. About eighteen percent or something 14 like that. 15 Q And just for the record, you are not 16 receiving that, are you? 17 A No. I am not. 18 Q No. 10 I am going to show you. Is this a 19 document which you just received from the Pennsylvania 20 Department of Revenue, indicating there is a tax lien 21 against you in the amount of $89,000.00 based upon 22 Kimberly's Bridal Salon? 23 A That's right. 24 Q What if anything was your involvement in 25 Kimberly's Bridal Salon, other than being married to the 68 1 owner? 2 A Just to get the stuff off the Internet for 3 the bank for her. And then I would end up taking it down 4 and sometimes, you know, depending on Kimberly, if I had to 5 run some errands or something like that, back and forth. 6 Q Did you receive any compensation for this? 7 A No. 8 Q Now, there has been testimony already that 9 you agreed in a contempt hearing in October, although you 10 were found not guilty and the petition was dismissed, you 11 agreed you wer e going to stay away from the house? 12 A Yes. 13 Q And you have done that? 14 A Yes. 15 Q Moved in with your mother? 16 A Yes. 17 Q And you have been, as she has testified, 18 taking care of her to an extent, helping her out around the 19 house? 20 A Yes. 21 Q Has she paid you for that? 22 A No. 23 Q You are doing that out of love and affection 24 as her son? 25 A Yes. 69 1 Q Do you have health insurance? 2 A Yes. 3 Q I am going to show you what's been marked as 4 Defendant's Exhibit No. 1. Is that a list that you 5 prepared of your insurance expenses for the year, among 6 other expenses? 7 A Yes. 8 Q Let me ask you about health issues. Do you 9 have health problems? 10 A Yes. 11 Q Do they include your feet? 12 A Yes. 13 Q Your knees? 14 A Right. 15 Q Your back? 16 A Right. 17 Q Are these things that more or less 18 constantly bother you? 19 A Yes. From time to time. Some of them more. 20 Q Do you find you are able to stand on your 21 feet for a couple hours say at a time? 22 A It is getting more difficult. 23 Q There has been some testimony about things 24 that you did around the house. Were these things that you 25 did on an occasional basis? 70 1 A Yes. Pretty much. 2 Q And you didn't work 8:00 to 5:00 around the 3 house? 4 A No. 5 Q And you also worked on scaffolding she 6 testified. And I would like you to explain to the Master 7 what you did there? 8 A We had trouble with a wall that came in 9 which damaged some of the ceiling. So I put some 10 scaffolding and ladders up. And I wanted to work on it, 11 but it is like twelve feet up. And I was working like up 12 above that on ladders fourteen feet. So I asked her -- 13 Q Her being... . 14 A My wife. Because I knew she couldn't come 15 down all the time. I said, I will set a time, like 9:00. 16 If I don't come up, you know, could you check on me or 17 something or call somebody. And then I will come up and I 18 will set another time. 19 Q Because you were up on the scaffolding? 20 A Yes. So she said, no, that would be 21 ridiculous. So she refused to do it. So I kind of left it 22 sit there for awhile until we were going to have to do 23 something, a loan or something else. So I had to more or 24 less do it myself, take the chance. 25 Q Your mother is ninety-five years old? 71 1 A Right. 2 Q She has trouble walking? 3 A Yes. 4 Q Hearing? 5 A Yes. 6 Q Reading? 7 A Yes. 8 Q She has fallen? 9 A Yes. She fell and broke her pelvis. And 10 then a couple of weeks ago she was heading to the bathroom 11 and fell with her walker. 12 Q And you were there? 13 A Yes. 14 Q We talked about your pension. Do you have 15 currently any IRA or 401K plan? 16 A No. We did have IRA's and 401K's -- 17 Q That was my next question. Did you at one 18 time have an IRA and 401K plan? 19 A Yes. 20 Q What happened to them? 21 A Barbara insisted on canceling them out, 22 which cost us a ten percent penalty on that. I said that 23 would be ridic ulous, we might need it some day. And she 24 said, well, th e trust -- that would be ridiculous, we would 25 never need tha t. She wanted to use it for the store. 72 I Q So you cashed out your retirement plan to 2 provide capital for her business? 3 A That's right. 4 Q And would I be correct that your only source 5 of income, guaranteed source of income, for the rest of 6 your life, is that $550.00 a month pension plan when you 7 are sixty-five and Social Security when you get it? 8 A That's correct. Plus my mother's trust. 9 Maybe I'll eventually get it, but she could use it all up 10 during, you know, her lifetime. 11 MR. WILLIAMS: Cross-examine. 12 CROSS-EXAMINATION 13 BY MS. VERNEY: 14 Q Mr. Hoffman, I served a subpoena on you 15 requesting a number of documents. Did you bring those with 16 you? 17 A Pretty much. I brought some of them yes. 18 The checks, I don't have the one from June, the bank 19 statement, because I think my wife might have destroyed 20 them or something. I probably have the 2001 taxes. She 21 had my checkbook stuff and everything else. 22 Q Well, I will get to those a little later. 23 You indicated you went to college for one year? 24 A That's right. 25 Q What did you major in? 73 1 'A Engineering. 2 Q Is there any reason that you dropped out 3 after one year? 4 A I had some trouble with the math and stuff 5 like that. 6 Q What year was that that you dropped out? 7 A It was '59 I graduated from high school. So 8 I guess it was '60. I was in the '61 class, but I left in 9 the end of ' 60. 10 Q And when did you start working at your 11 father's -- 12 A About the same time. 13 Q What did you start out doing there? 14 A I worked in the machine shop. 15 Q And your one year of engineering training, 16 was that used in working in the machine shop? 17 A Some of it was, yes. 18 Q And prior to that did you have any summer 19 jobs, or did you work there in the summer? 20 A Primarily my parents had an estate down on 21 the eastern s hore, and I went down there and worked down 22 there. 23 Q And were you paid for that? 24 A No. 25 Q Do you have any other certificates or 74 1 licenses to do anything? 2 A I am a journeyman machinist. 3 Q And can you tell me what that means? 4 A What's that? 5 Q What does that mean? 6 A Well, that you go through an apprenticeship 7 for a machinist to run machinery and stuff like that for a 8 machine shop. 9 Q And that means you would get a higher paying 10 job if you worked in a manufacturing plant? 11 A Hopefully. Sometimes it doesn't make too 12 much difference. 13 Q And have you looked for a job as a 14 journeyman machinist? 15 A Not recently. I had at the one time. I had 16 a couple leads, but Barbara didn't want me to take them, 17 so... 18 Q And ever since you have stopped working, you 19 were getting additional money from your mother to live on? 20 A Right. 21 Q Can you tell me the status of the mortgage 22 foreclosure on the home at Hickory Road? 23 A I don't really know at this time. The 24 mortgage company has it, but I haven't heard anything from 25 them. 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q mortgage? A Q made? Have you continued to pay the monthly No. When is the last time a payment on that was A I'm not sure of the date. You would have to check our mortgage. Q And am I correct to say that you remortgaged -- A Probably last June. Q You remortgaged in June of 2002? A Sometime in there, yes. I am not sure exactly when at this point. Q And it was for $480,000.00? A Yes. Q And your monthly mortgage payment would have been $4,000.00? A Something like that, yes. Q And when you refinanced that mortgage, how did you expect to pay that $4,000.00 mortgage? A Good question. I don't know. Q Was it from the proceeds of Kimberly's Bridal? A It just seemed like, you know, you put money in there, and money would maybe come out there, but it was 76 1 money that I had put in in the beginning, so... 2 Q Well, how much money did you put into the 3 business? 4 A I have no idea. 5 Q And didn't you get paid a substantial amount 6 back? 7 A Well, it kind of looked like it was coming 8 back, but it was money already that I had put it in. You 9 know, money was going in and out. So it is hard to tell. 10 The store didn't make any money. So I guess I didn't get 11 any from it. 12 Q And wasn't the point of the store really to 13 give your daughter, Kimberly, a job? 14 A I'm not sure what it was. Barbara wanted to 15 start it so Kimberly could run it and eventually take it 16 over or something like that. 17 Q And Kimberly worked there from the 18 beginning? 19 A No. She was in college, and Barbara was 20 running the store when it was in Carlisle. 21 Q Do you recall when Kimberly finally took 22 over the management of the store? 23 A When she come out of college. 24 Q Do you recall when that was? 25 A It was in 180 -- I don't know. I'm not 77 1 sure. 2 Q Well, I think you said the store was only 3 operating for ten years, twelve years? 4 A Yeah. I'm not sure exactly. 5 Q Now, you indicated that the source of 6 unhappiness started when you received notice of tax liens. 7 Can you tell me when that occurred? 8 A I'm not sure when I found that out. The 9 main thing was she just didn't want to communicate anymore 10 about anything, the store, with Kimberly. She wouldn't 11 even talk to Kimberly and negotiate anything in the 12 business. And I was kind of put in the middle. I wanted 13 to talk to her about paying the deal that they made the 14 thing. And then there was another IRS. And that was 15 pretty recent until I found out about it. And she said she 16 would -- I was supposed to take care of a payment plan for 17 the State. And she would take a payment plan for the IRS. 18 But I don't how we would ever come up with a payment plan 19 when you weren't working together on it. 20 THE MASTER: Sir, I need a general idea of 21 when your testimony was that you opened the mail and 22 discovered these liens? When was that? 23 THE WITNESS: I'm not really sure to tell 24 you the truth. 25 THE MASTER: What year was it? 78 1 THE WITNESS: I don't know if it was 2001 or 2 2002. I'm not sure exactly. But the State thing kind of 3 went on for quite a while. When I found out about it she 4 hadn't paid it for several years. 5 BY MS. VERNEY: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did all of those notices go to the store in Camp Hill, the taxes? A No. They came to our address. And I would take them out of the mailbox and take them up to Barbara. Q They didn't go to Kimberly? A Some tax things came there and some correspondence came to the -- I'm not sure what went where. I wasn't involved. Q And the general arrangement was that any bills or money that Kimberly needed at the store she would send to Barbara, and Barbara would write the checks? A Right. Q At some point do you know that Barbara requested Kimberly to send her the sales tax and the IRS taxes so that they could be paid? A Well, if she requested them, they weren't paid anyway it turned out. The penalties were for more or less not filing the taxes. The amount wasn't even turned in let alone paid. Q Well, you would agree that Kimberly kept 79 1 track of all the sales receipts at the store? 2 A I assume. I'm not sure. It came back and 3 forth, so I have no idea. I wasn't involved in it. 4 Q And the sales tax was based on the sales 5 receipts at the store? 6 A I assume, yes. 7 Q Now, in August of 2002, it was you and 8 Kimberly that wanted Barbara to declare bankruptcy on the 9 store, isn't that true? 10 A I don't know. It was kind of an out of the 11 store thing, so I am not sure. I don't know about the 12 bankruptcy on the store, but -- 13 Q Well, the August 12th letter -- 14 A Barbara wasn't -- 15 THE MASTER: Wait. Wait a minute. Counsel, 16 you ask a question. Let him answer the question before you 17 interrupt with another one. 18 MS. VERNEY: I will do that. 19 THE MASTER: Answer the question, sir. 20 THE WITNESS: I guess when I came down when 21 the store about closed, my attorney said, you know, stay 22 out of it. Don't even bother about it. And then Kimberly 23 had called and said there wasn't enough money to pay the 24 employees. And so I knocked on Barbara's door and said to 25 call you or to call the store and give them some direction, 80 1 what do you want to do, start selling the stuff at discount 2 or whatever, you know, passing it on to you. And I don't 3 know if she did anything or not. 4 When the employees found out that the money 5 was short, t he employees didn't show up and the store 6 closed. 7 Q Well, isn't it true that Kimberly locked the 8 store? 9 A I don't know who might have locked the 10 store. I ha ve no idea. When the employees didn't come up 11 in the next day or something like that, the store was kind 12 of closed. If Barbara would have started to sell the stuff 13 at that poin t, she could have probably got some money 14 coming in. But I couldn't correspond with her. I just let 15 her know, yo u know, to give you a call or give the store a 16 call and tel l them that I wasn't involved in it. 17 Q Do you agree that Barbara could not go and 18 work at the store? 19 A Well, I don't know if she could or not. But 20 she actually went in there sometimes just to see what was 21 going on. 22 Q Did she stay any length of time? 23 A No. 24 Q How long did she stay? 25 A She probably didn't even want to go in. 81 1 Q Well, wasn't that because Kimberly told her 2 not to come i n because she embarrassed her? 3 A No. 4 Q Did you go to the Social Security office and 5 determine how much money you would receive if you filed? 6 A Well, I got a paper from them or something. 7 And I called up, you know, when I would have to file, you 8 know, to get certain periods of stuff. 9 Q And if you filed now, what would you receive 10 at the age of sixty-two? 11 A 1,000 -- I forget what the paper 12 said -- 1,005 or something I think it is. 13 THE MASTER: How much, sir? 14 THE WITNESS: Do you have the paper there? 15 1,005 or something. 16 MR. WILLIAMS: I think I do. 17 Why don't we mark it as an exhibit. Why 18 don't we make this No. 2, Defendant's 2. 19 (Whereupon, Defendant's Exhibit No. 2 20 was marked for identification.) 21 THE MASTER: Have him identify it. 22 BY MS. VERNEY: 23 Q Would you identify that document, please? 24 A Yes. It is 1,005 a month at age sixty-two. 25 Approximately it says, to be about or around there. 82 1 THE MASTER: That is Defendant's Exhibit No. 2 2, sir? 3 THE WITNESS: Yes, it is. 4 THE MASTER: And you received that from the 5 Social Security Administration? 6 THE WITNESS: Yes. On December 2003. 7 BY MS. VERNEY: 8 Q December 2002? 9 A Three, I think. It doesn't say on here. 10 But this was the more current one. Oh, I guess it was 11 December 2002 since December 2003 is not here yet. 12 Q Now, getting back to Kimberly's. Are you 13 aware that some years the store grossed $800,000.00? 14 A Yeah. It grossed, but by the time 15 everything else came out of it, there was a loss. 16 Q Well, the kinds of things that came out of 17 it was you paid Kimberly's mortgage, didn't you, from the 18 proceeds? 19 A Yes. I heard Barbara say that. 20 Q And what else did you pay? They paid you 21 back for your investment? 22 A Well -- 23 MR. WILLIAMS: Could I make a clarification 24 of what she means by you paid, because the testimony is 25 this is not his business. 83 1 THE MASTER: Is there an objection here? 2 MR. WILLIAMS: Yes. 3 THE MASTER: And the objection is... 4 MR. WILLIAMS: The form of the question is 5 unclear. 6 MS. VERNEY: I will rephrase the question. 7 THE MASTER: I will sustain the objection. 8 BY MS. VERNEY: 9 Q Is it true that out of the proceeds of 10 Kimberly's, the shop, that Kimberly's personal mortgage 11 would be paid? 12 A Kimberly's mortgage, yes. 13 Q And were you involved in the decision-making 14 of that? 15 A Barbara more or less said, you know, that's 16 how she wanted to set it up. I guess that was something 17 she arranged I guess with Kimberly or something. 18 THE MASTER: The question was were you 19 involved in the decision, sir? 20 THE WITNESS: I guess somewhat I guess or 21 something. I know I was aware of it at the time. 22 BY MS. VERNEY: 23 Q And you were involved in other 24 decision-making at the store, weren't you? 25 A Well, a little bit. Especially when we 84 1 moved down there, I guess I was on the lease for the 2 building and stuff like that. 3 Q And did you ever make the lease payment? 4 A Yeah. Sometimes I had to run it to 5 the -- Barbara would give me the money in a check or 6 something, and I would have to run it to the landlord or 7 something like that. 8 Q But you never signed a check? 9 A I don't know if I ever signed a check or not 10 for that. 11 Q Well, let's talk about the bank accounts. 12 How many bank accounts did Kimberly's Bridal have? 13 A Two. 14 Q And were you an authorized signatory on 15 either of those accounts? 16 A Yes. 17 Q Which one, both of them? 18 A I could sign on both of them, because 19 Barbara had bad health sometimes. 20 Q Would it surprise you if I told you that 21 that was not a correct statement, that you have in fact 22 signed $95,000. 00 in checks when you were not authorized? 23 A If I was the signatory, why wouldn't I be 24 authorized? 25 Q Well, if you were not the signatory? 85 1 A What's that? 2 Q That you were not authorized to sign certain 3 checks, but you signed $95,000.00 worth of checks? 4 A I am not sure. 5 Q Sir, you indicated that you have trouble 6 with your knees, your back and your feet. Have you had any 7 operations on those parts of your body? 8 A Yes, I have. 9 Q What operations? 10 A I had a disk taken out of my back and 11 cartilage and stuff like that on my knees. 12 Q And when did those operations occur? 13 A I am not sure about the back operation. In 14 1967 I guess I had my knee. 15 Q So the cartilage for your knee was in 1967? 16 A Something like that I think. 17 Q And was your back prior to that? 18 A I'm not sure actually when my back was to 19 tell you the truth. 20 Q Well, was it in the last twenty years or 21 thirty years? 22 A Probably in the '70's somewhere I guess. I 23 am not sure. In 1964 I guess I had my kidney problems. I 24 was at the Un iversity of Pennsylvania Hospital for that. 25 Q Have you had any operations in the last ten 86 I years? 2 A No. 3 Q How about in the last fifteen years? 4 A Well, let me correct that. I just had some 5 surgery on my head a couple of weeks ago. 6 Q What was that for? 7 A A lesion on my head. 8 Q Other than that have you had any other 9 operations in the last fifteen years? 10 A I can't recall. I'm not sure exactly when 11 the last one was. 12 Q I want to direct your attention to Exhibit 13 1, Defendant' s Exhibit 1. And I think you still have it in 14 your lap? 15 A Yes. 16 Q You have a list of your health insurance. 17 Do you make monthly payments for your health insurance? 18 A Yes. 19 Q And are those only health insurance 20 premiums? They are not any additional health costs? 21 A No. That was additional except the doctor 22 co-pays there or something. I think it was more than they 23 declared. 24 Q So you are saying in 2002 your health 25 insurance was $4,362.66? 87 I A Yes. 2 Q Plus you spent another $40.00 in doctors' 3 visits as a co-pay? 4 A Yeah. And then there was a lot of them paid 5 so I didn' t declare them. It was for lab work and stuff 6 like that. I need a lot of dental work, but I haven't had 7 any money for that. Barbara was -- she wanted the money 8 for a hous ekeeper, s o I couldn't get the dental work done. 9 Q Now, the $40.00 in co-pay, do yo u pay $10.00 10 a visit? 11 A $20.00. 12 Q So you went to the doctor two times in 2002? 13 A It was actually more than that. 14 Q Now, sir, in 2002 how did you pay your 15 health insura nce? 16 A 2002, some of it I guess was money, you 17 know, from my mother and whatever. So I'm not sure exactly 18 where it all came from. 19 Q Now, on the same exhibit it mentions 20 National Life Insurance, the loan interest, is that a 21 payment you h ad to make, or is that money you have 22 received? 23 A They do it from the dividend. The dividend 24 is put in towards the loan interest. And the remainder of 25 the amount is put in additional on the loan. 88 1 Q So you received $534.00 as a dividend, but 2 it went towards the loan? 3 A Well, they just automatically take it 4 towards it. 5 Q Again, I'm trying to understand. You 6 received -- 7 A They do that internally -- 8 THE MASTER: Sir, wait. Let her ask the 9 question and finish asking it before you start to answer. 10 THE WITNESS: Okay. 11 BY MS. VERNEY: 12 Q First of all, is that information from 2002? 13 A Yes, it is. 14 Q And you received a dividend for $534.00? 15 A Yes. 16 Q From National Life Insurance? 17 A I didn't actually receive it. It was 18 automatically internally. They take the dividend and put 19 it towards the loan interest and then bill you for the 20 rest. 21 Q So you had to pay, if I understand 22 correctly, 2,5 35 for the loan interest? 23 A Which I didn't pay it. It just went into 24 the loan. 25 Q Now, on your 2002 income tax return, I think 89 1 that is included as Defense Exhibit 12. If you will look 2 at the second page. 3 A 2002? 4 Q Well, it was Exhibit 12 -- 5 A Second page? 6 Q On the second page. You are showing a 7 dividend of $824.00. Where did that money come from? 8 A I am not sure if that's from that insurance 9 and another insurance. I am not sure exactly where that's 10 from. 11 Q Wouldn't 1099's be attached if that's what 12 it was from? 13 A There is no 1099's. I am not sure what it 14 is. But the dividend on the one for 534 and the other one 15 for 290. I think it is probably the insurance policy, a 16 dividend of 534 and a dividend of 290.10. 17 Q What other insurance policy? 18 A Midwestern United Life Insurance. 19 Q And that's listed on your Defendant's 20 Exhibit 1 at the bottom, is that correct? 21 A Yes, it is. Correct. 22 Q Now, your tax return doesn't indicate any 23 other divide nds or interest? 24 A That's correct. 25 Q You have a number of mutual funds and 90 1 stocks, is that correct? 2 A No. No mutual funds. There is different 3 investments, the PLM. 4 Q What is PLM? 5 A It is a leasing outfit. And they are in the 6 process of a liquidation phase. With the economy the way 7 it was they didn't liquidate it I understand. I haven't 8 got a K-1 for that yet. 9 A Well, if you didn't get a K-1, how could you 10 file your 2002 tax return? 11 A It isn't filed at this point. It is just a 12 brief -- I am waiting for the K-1, which she is going to 13 need for hers also. Supposedly they started mailing them 14 last Friday, but I haven't got them yet. 15 MR. WILLIAMS: If it please the Court, we 16 offered this as a draft on the return that has not been 17 filed yet. And as is indicated on the return, it was faxed 18 at 5:30 p.m. yesterday. 19 THE WITNESS: It was the first time I saw 20 it. 21 THE MASTER: Did I hear an objection in 22 there somewhere? 23 MR. WILLIAMS: No. Just a clarification to 24 remind the Court what the offer on the exhibit was. 25 THE MASTER: I understand. Continue. 91 1 BY MS. VERNEY: 2 Q So while it right now shows $824.00 of 3 income for dividends or interest, it may be much higher 4 once you get the K-1? 5 A I doubt it. It will probably show a loss. 6 I am not sure. If they haven't paid a distribution, I am 7 sure it won't show any. 8 Q Was it a loss last year? 9 A I am not sure what it fell in last year. I 10 don't know where the K-1 -- I think Barbara destroyed it, 11 because I didn't have it to file last -- we didn't have it 12 to file last year's. 13 Q And is that a joint account? 14 A Yes, it is. 15 Q So you didn't declare anything last year for 16 it? 17 A No. We didn't have the K-1's. 18 Q That would have been for the tax year 2001? 19 A Yes. Barbara didn't have it for hers 20 either. 21 Q Can you tell me what Future Net Partners is? 22 A That is something that we invested in, which 23 is defunct now. 24 Q And when did you invest in that? 25 A I am not sure. It has been quite a few 92 1 years ago. 2 Q And that was a joint investment? 3 A Yes. 4 Q And how much did you lose for that? 5 A I'm not sure. 6 Q 30,000, 20,000? Do you have a ballpark? 7 A I am not sure. 8 Q How much is in the PLM growth fund? 9 A We originally had 100,000 invested in it. 10 Q And do you know what the value of it is now? 11 A I have no idea. It is in liquidation. Most 12 of the money will probably come back. With the broker I 13 guess we sho uld have gotten into that. It depends on what 14 they did on the liquidation. 15 Q How about a company called Airtrac, did you 16 invest in that? 17 A Yes. 18 Q Is that stock, or is that a mutual fund? 19 A That's stock. It is about ready to go 20 public. 21 Q Did you get any interest or dividends from 22 that? 23 A Not this year, no. That's a joint. 24 Q How about Zeroes and One? 25 A Yes. That's a stock also. I'm not sure 93 1 what the value of it is. I haven't checked it lately, 2 because I haven't been on the Internet. 3 Q And have you sold any of that stock? 4 A No. 5 Q And the gas well, is that what this Future 6 Net Partners is? 7 A No. 8 Q What's the gas well? 9 A It was a well that was already in existence 10 which had a good thing, and it should have been almost a 11 guarantee. But it didn't get enough float out of it. It 12 should have earned about $300.00 a month income, which it 13 didn't. 14 Q And when did you invest in that? 15 A I am not sure of the date of that. That's a 16 couple of years ago. 17 Q Do you know what it is worth now? 18 A No. It is dry. We wrote that all off. The 19 well went dead. We wrote off the whole thing. 20 Q So when Barbara testified that you spent 21 about $100,000.00 in telemarketing investments, is that 22 what -- the companies I just named, is that what she was 23 referring to? 24 A No. It was just a few of those or 25 something. But she was pushing them also. She made it 94 1 look like that I did it. 2 Q And the money, where did you get the money 3 to invest in those? 4 A I guess it was money -- some of the stuff 5 that we still had at that point, and then I guess from my 6 mother and stuff like that.? 7 Q And money from Kimberly's? 8 A No. I'm not sure what, you know... 9 Q Was some of it on credit cards? 10 A It is possible certain things were maybe 11 used on credit cards. 12 Q Now, how long have you been living with your 13 mother? 14 A October I guess. 15 Q And she testified that you take care of her. 16 You cook her meals. I assume you clean? 17 A Yes. 18 Q You fix anything around the house. You 19 plowed the snow? 20 A Yeah. I removed some snow, because the snow 21 plow really doesn't work too good. 22 Q And have you looked for a job recently? 23 A No. I'm kind of at the point with my 24 mother's age it's a little rough. I'm not sure exactly 25 anyhow what to do if I left her. And her housekeeper, who 95 1 is Barbara's housekeeper and friend, she has the key to the 2 house, which she refuses to give the key back. So I am 3 going to have to change the locks. I am a little afraid of 4 the security of them coming up to the house. 5 Q Well, if we gave you that key back, you 6 wouldn't be worried about that anymore, would you? 7 A Well, it probably won't make any difference. 8 Q Has Barbara or Beverly ever harmed your 9 mother? 10 A No. Barbara has written some stuff that I 11 kind of took as threatening. 12 Q So is what you are telling me is that you 13 can't look for a job because you want to stay with your 14 mother and take care of her? 15 A Yeah. I'm not sure what I am going to do. 16 If I am going to have to hire somebody to take care of her, 17 it is going to probably eat up more than anything -- I 18 mean, if I was there. I am not sure at this point what I 19 am going to do. It is a little hard to have a job because 20 she kept pulling me into court and stuff like that. So I 21 am not sure what I am going to do. 22 Q The trust, as you understand it, for your 23 mother, did it pay for the caregiver that she had and for 24 her housekeeper? 25 A Yeah. They are allowed to do that for her 96 1 needs. 2 Q So if you were declared the caregiver, they 3 could pay you to do that? 4 A Well, it is kind of questionable. I asked 5 about that, but they are not sure about that. 6 MS. VERNEY: That's all I have. 7 THE MASTER: Any redirect? 8 MR. WILLIAMS: Just one question. 9 REDIRECT EXAMINATION 10 BY MR. WILLIAMS: 11 Q Phil, do you pay your mother anything for 12 room and board ? 13 A No. 14 Q Do you give her any money at all? 15 A No. 16 MR. WILLIAMS: That's all I have. 17 MS. VERNEY: If I could have a follow-up. 18 RECROSS EXAMINATION 19 BY MS. VERNEY: 20 Q Did you fill out the income and expense 21 sheet that was sent to you? 22 A I guess we used the same one that was from 23 before. It hasn't changed. 24 Q You didn't fill another one out? 25 A No. 97 1 Q Do you have it with you? I don't know that 2 I have the one from -- I do have one. 3 MS. VERNEY: So this would continue? This 4 is the same? 5 MR. WILLIAMS: Yeah. We didn't fill out a 6 new one. We provided the expenses. We explained the whole 7 situation. He doesn't work. He has no income. 8 BY MS. VERNEY: 9 Q Well, on your income and expense 10 statement -- 11 THE MASTER: Counsel, are you going to have 12 something marked as an exhibit? 13 MS. VERNEY: I only have one copy, but I 14 would mark it as Plaintiff's Exhibit 3. 15 (Whereupon, Plaintiff's Exhibit No. 3 16 was marked for identification.) 17 BY MS. VERNEY: 18 Q Mr. Hoffman, would you identify that 19 document? 20 A Yes. I guess this was the expenses that we 21 did before. 22 Q If you would stay on page three. You listed 23 your mortgage payment as 4,000. That's not accurate 24 anymore, is it? 25 A No. That's what it actually was, but I 98 I haven't been able to pay that. 2 Q And so you actually have now testified that 3 you have no expenses for room, no expenses for food, no 4 expenses for gasoline or car upkeep, no expenses for car 5 insurance? 6 A Well, I have been paying all that, because I 7 actually had to pay some of the insurance for the house, 8 because we had a deal that was from the mortgage company, 9 they just wanted to sign it over. But the mortgage company 10 told me that you wouldn't agree to that deal. So my 11 attorney and I had to take care of it. So we had to more 12 or less keep maintaining the house and paying for the 13 electric to keep it from freezing until the foreclosure. 14 Q And where did the money from that come from, 15 sir? 16 A I guess it came out of what my mother has 17 been giving me. 18 Q Well, I thought your mother testified she 19 only made one check, and that was to your attorney for 20 attorney's fees? 21 A Well, it was an attorney fee. But I guess 22 it was some that I got before or something like that. 23 Q Well, do you have any bank accounts right 24 now? 25 A Yes. 99 1 Q And how much are in those bank accounts? 2 A I have no idea, a couple hundred dollars. 3 Q And so when you need money for anything, 4 your mother just gives you money? 5 A Well, at this point. But it is going 6 to -- there was a bond or something we had, but that is 7 going to be over too soon. 8 Q What bond? 9 A Mother had a bond. 10 Q Like a CD bond or a -- 11 A A war bond. 12 Q And was that cashed? 13 A Yes. 14 Q Whose name was it in? 15 A Hers. 16 Q How much was that for? 17 A I'm not sure. 18 Q And that's then what she used to give you 19 money to liv e? 20 A Yeah. At this point she had some money, 21 but, you kno w, the trust now since they can't gift to me. 22 It is gone. 23 Q Any other assets that you have, bank 24 accounts, bonds, mutual funds? 25 A No. 100 1 Q Insurance. Have you borrowed against any of 2 your life insurance? 3 A No. 4 Q Do you know the cash value of those life 5 insurance policies? 6 A Yes. They are all in the folder. 7 MS. VERNEY: That's all. 8 THE MASTER: Mr. Williams, do you have 9 anything else? 10 MR. WILLIAMS: No. 11 THE MASTER: You may step down, sir. 12 Do you have any other witnesses, Mr. 13 Williams? 14 MR. WILLIAMS: Yes. 15 (Whereupon, a brief discussion was 16 held off the record.) 17 (Whereupon, the following testimony 18 was given over the telephone with 19 all parties present in the hearing 20 room.) 21 Whereupon, ANGELA R. THOMPSON, having 22 been duly sworn, testified as follows: 23 DIRECT EXAMINATION 24 BY MR. WILLIAMS: 25 Q Mrs. Thompson, my name is Thomas Williams. 101 1 I want to ask you, first of all, to identify yourself by 2 name and position? 3 A My name is Angela R. Thompson. I am a trust 4 officer with Mellon Bank. 5 Q And as part of your responsibilities as a 6 trust officer for Mellon Bank do you serve as -- does 7 Mellon Bank, rather, serve as trustee of a trust agreement 8 dated September 19th, 1979, in which Philip Reynold Hoffman 9 is testator and the Commonwealth National Bank is trustee? 10 A Correct. 11 Q And Mellon Bank has succeeded to the 12 interests of Commonwealth National Bank in that regard? 13 A That's correct. 14 Q Do you have that trust agreement dated 15 September 19th, 1979, there in front of you? 16 A Yes. 17 Q We have this marked for the record as 18 Defendant's Exhibit No. 8. Can you tell me, Mrs. Thompson, 19 the income beneficiary of that trust agreement is now and 20 has been for many years Mrs. Vernon Hoffman, correct? 21 A That's correct. 22 Q Why don't you describe for the Support 23 Master how that trust is organized as far as Trust A and 24 Trust B and what the significance of that is? 25 A Okay. At P. Reynold Hoffman's death the 102 1 trust was split into two parts. The A trust is described 2 under paragraph three on page three, and the B trust under 3 paragraph four. 4 We have treated the A trust, which if you 5 look on page three, Mrs. Hoffman had a general power of 6 appointment over that trust under her will. And we had 7 treated this, while the trust was open, we distributed the 8 income to her. And under the terms here outlined on this 9 page, such sums of principal, as would permit her to 10 maintain a standard of living that she enjoyed during her 11 husband's lifetime. 12 She had made several requests of us to 13 distribute the trust assets to her that she was going to 14 use for a gifting program. And in light of the fact that 15 she had control over the balance of this trust at her death 16 through her will anyway, those requests were approved. 17 With regard to the B trust -- 18 Q Before you get to the B trust, can you tell 19 me, over a period of many years did Mrs. Hoffman make 20 significant gifts to -- 21 A I have notes with me that go back to 1988. 22 And there was gifting done every year -- let me see, since 23 1988, from that trust. 24 Q Gifting to whom? 25 A Well, she would ask us for the money for the 103 1 gifts. It was our understanding that the gifting was done 2 to Philip, her son, Barbara, her daughter-in-law, and Kim, 3 her granddaughter. 4 Q What is the current status of Trust A? 5 A It has been depleted. It was depleted in 6 August of 2002. 7 Q Now, you were starting to tell us about 8 Trust B. Tell us about that, please? 9 A Under Trust B, Vernon is not entitled to all 10 the net income. The net income is payable to her at 11 trustee's discretion. And we are supposed to again 12 consider her standard of living and make distribution and 13 try to maintain her standard of living as it was when her 14 husband was alive. 15 In addition, we may use principal of the 16 trust to maintain her, again, he refers to it as her proper 17 station in life. That's described in paragraph C on page 18 four. 19 Q In summary, what is the difference between 20 Trust A and Trust B? 21 A Well, Trust A, since she had control over 22 the disposition of the principal at her death under her 23 will, it would have been taxable in her estate. And, 24 therefore, was a logical source of gifting funds for her. 25 Trust B would not be includable in her estate at her death. 104 1 And basically, you know, it is to provide for her the rest 2 of her life, and then it continues at her death. 3 Q Is it the position of Mellon Bank as trustee 4 that the gifti ng program that Mrs. Vernon Hoffman engaged 5 in for many years under Trust A is no longer possible under 6 Trust B? 7 A That's correct. 8 MR. WILLIAMS: That's all the questions I 9 have, but the lawyer for Mrs. Barbara Hoffman is here and 10 may have some questions. 11 CROSS-EXAMINATION 12 BY MS. VERNEY: 13 Q Ms. Thompson, this is Jackie Verney. 14 A Hi. 15 Q Can you tell me what the original amount in 16 Trust A was? 17 A I do not have those figures with me. 18 Q Well, do you recall whether you have the 19 figures -- 20 A I was not around when it was funded. That 21 was funded back in 1991. 22 MR. WILLIAMS: I will object as irrelevant. 23 THE MASTER: I will sustain the objection. 24 The original amount in the trust is not relevant. 25 BY MS. VERNEY: 105 1 Q Can you tell me what the amount of Trust B 2 is? 3 MR. WILLIAMS: Same objection. 4 THE MASTER: Also sustained. 5 BY MS. VERNEY: 6 Q Can you tell me, Ms. Thompson, if Vernon 7 Hoffman needed a caregiver at her home would the monies 8 from that trust pay for that? 9 A Yes. That's true. We could do that. 10 Q And you in fact did that last year? 11 A I can't hear. 12 Q I am sorry. Is it a fact that you did that 13 last year? 14 A We have used funds from the trust to pay for 15 a caregiver for her, yes. 16 MS. VERNEY: That's all I have. 17 THE MASTER: Any redirect? 18 MR. WILLIAMS: No. 19 THE MASTER: Thank you very much, ma'am. 20 THE WITNESS: That's all you need me for? 21 THE MASTER: That's it, ma'am. Thank you. 22 THE WITNESS: Thank you. Bye. 23 MR. WILLIAMS: Call Kimberly Hoffman. 24 MS. VERNEY: Offer of proof. 25 MR. WILLIAMS: She is going to testify to 106 1 her observations about her father's disability and her 2 observations about her father's relationship with her 3 mother as regards to the abuse of the clients. 4 THE MASTER: You can come forward, ma'am. 5 6 Whereupon, KIMBERLY HOFFMAN COLTON, having 7 been duly sworn, testified as follows: 8 DIRECT EXAMINATION 9 BY MR. WILLIAMS: 10 Q Would you identify yourself for the record? 11 A I am Kimberly Hoffman Colton. 12 Q Born in 1969? 13 A Correct. 14 Q The daughter of Philip and Barbara here in 15 court? 16 A Yes. 17 Q The only child? 18 A Yes. 19 Q You currently live with your father at your 20 grandmother's house? 21 A Correct. 22 Q Would you tell the Master what you have 23 observed about your father's physical disabilities? 24 A He really can't walk. If you see him today, 25 he can't walk down a hallway. His foot kind of drags 107 1 behind. That's also what you hear too. You can't miss it, 2 almost a stumbling sound. His hearing is bad, where I come 3 home and I figure Grandma is listening to the television, 4 it is actually Dad, because the television is so loud. And 5 I tell him to turn down the television, and he thinks it is 6 regular. You know, he is constantly saying huh, what, huh. 7 He has been like that for, you know, a couple years now or 8 a few years. 9 His teeth need worked on, has for many 10 years. His knees have always been bad since I have known 11 it, you know, since I was little. A lot of times he needed 12 to have surgery done, but, of course, because of Mom's 13 surgeries and Mom needed to be taken care of -- 14 THE MASTER: I am going to stop you here. 15 You are not being responsive to the question. He asked you 16 from your observations what have you noticed. 17 THE WITNESS: Observations. His hearing, 18 his knees, his stomach. Ever since I was in college -- 19 MS. VERNEY: Objection. What has she 20 observed about his stomach? 21 BY MR. WILLIAMS: 22 Q Let me ask you this. Have you observed your 23 father often having to go to the rest room suddenly? 24 A Yes. Throwing up and coughing and 25 constantly -- 108 1 Q And you understand he has a hernia? 2 A Yes . 3 MS. VERNEY: Objection. Leading. 4 THE MASTER: Sustained and stricken. 5 BY MR. WILLIAMS: 6 Q Have you observed him having difficulty 7 moving around? 8 A Yes. 9 MS. VERNEY: Objection. Leading. 10 THE MASTER: She testified to that. 11 MS. VERNEY: Then asked and answered. 12 THE MASTER: Sustained. 13 BY MR. WILLIAMS: 14 Q Have you observed him moving when he appears 15 to be in pain? 16 MS. VERNEY: Objection. How can she 17 determine if he is in pain? Speculative. 18 THE MASTER: Overruled. You may answer. 19 THE WITNESS: Yes. He definitely is in 20 pain, just as if I have seen my mother in pain before. He 21 has a lot of ailments, very noticeable to my boyfriend and 22 to myself. 23 MS. VERNEY: Objection. Not responsive. 24 BY MR. WILLIAMS: 25 Q Let me move o n. I think you have answered 109 1 the question. 2 THE MASTER: The portion with respect to the 3 boyfriend is stricken. 4 BY MR. WILLIAMS: 5 Q You managed Kimberly's Bridal Salon? 6 A I tried to, yes. 7 Q For how many years? 8 A Since 1991. 9 Q Has your father from time to time helped out 10 there? 11 A Well, I wouldn't really consider it helping. 12 I would consider it a nicety of driving, you know, signed 13 checks down to the store, changing a light bulb, you know, 14 telling jokes to the staff. That's pretty much it. 15 Q Have you asked him to do work more than 16 running errands or changing light bulbs? 17 A Maybe putting up a shelf. But it took about 18 two days to do that, because he constantly knocked on the 19 thing. I don't know if he couldn't hear or what. 20 Q From your knowledge and observation of your 21 father, does he appear able to perform work of any 22 complexity beyond that? 23 A I can't foresee what job that my father 24 could take on at this time -- 25 MS. VERNEY: Objection. She is not 110 1 qualified to answer that question. 2 MR. WILLIAMS: Sure she is. She is -- 3 THE WITNESS: I work -- 4 THE MASTER: Hold on, ma'am. 5 MR. WILLIAMS: She is a human being. She 6 runs a store. She sees this man on a regular basis. She 7 knows, you know, the work that he can do and what he can't 8 do. And she should be able to testify to it. 9 THE MASTER: I will sustain that objection 10 in the form of the question. 11 BY MR. WILLIAMS: 12 Q Have you asked your father, or has he done 13 any work of any complexity in your store beyond running 14 errands or changing light bulbs? 15 A No. 16 Q Why not? 17 MS. VERNEY: Objection. She is not 18 qualified to answer why he hasn't done that. 19 MR. WILLIAMS: Or why she hasn't asked him 20 to do it. 21 THE MASTER: Overruled. You may ask why you 22 have not asked your father to do complex things in the 23 store. 24 THE WITNESS: Just because he wasn't 25 qualified to do them. He didn't know how to work the ill 1 computer system and, you know, the daily sales. And he 2 doesn't have that background. He doesn't have a lot of 3 background other than, you know, fixing machines. 4 BY MR. WILLIAMS: 5 Q I am going to ask you a question or two 6 about the charges your mother has made in court and here 7 today about abuse that she suffered at the hands of your 8 father. In all the time that you have known your mother 9 and your father, from your earliest memory up to today, 10 have you ever seen him make an aggressive move toward your 11 mother? 12 A No. Never. 13 Q Or threatened to do so? 14 A Never. 15 Q Or yell at her with disrespect? 16 A My mother has done that all to me, to the 17 point where I -- 18 MS. VERNEY: Objection. Non-responsive. 19 THE MASTER: Sustained. Just respond to his 20 question. 21 THE WITNESS: No. Definitely not. 22 MR. WILLIAMS: Cross-examine. 23 CROSS-EXAMINATION 24 BY MS. VERNEY: 25 Q Ms. Colton, when is the last time you lived 112 1 at the Hickory Road address? 2 A The last time I lived there was 1991. 3 Q So if any of the abuse occurred after that, 4 you wouldn't necessarily have witnessed it? 5 A I witnessed -- the times that I would 6 have -- 7 Q Please just listen to the question and only 8 answer the question. 9 MR. WILLIAMS: I think she was trying to 10 answer the question. 11 THE MASTER: Answer the question, ma'am. 12 THE WITNESS: I was there for family 13 gatherings. I was there to pick up things for the store. 14 I was there, you know, every so often on weekends. 15 BY MS. VERNEY: 16 Q Well -- are you done with your answer? 17 A Yes. 18 Q In 2002 how many times were you at the 19 house? 20 A I have no idea. Enough as a daughter 21 would. 22 Q I don't know what that means. Were you 23 there every week? 24 A No. 25 Q Were you there every other week? 113 1 A , I would say probably once a month, but I was 2 on the phone with them everyday, a couple times a day. And 3 I heard a lot of yelling. 4 Q Now, when did you move from your townhouse 5 in Mechanicsb urg? 6 A That was February 21st. 7 Q Was the house sold? 8 A Yes. 9 Q And did you move in then with your 10 grandmother? 11 A Correct. 12 Q And you are not living with your boyfriend? 13 A Oh, no. 14 Q You are not spending time with your 15 boyfriend overnight? 16 A Yes. 17 Q How often? 18 A About once a week. 19 Q Now, you indicate that you see y your father. 20 Do you work al l day? 21 A Yes, I do. 22 Q And what hours do you work? 23 A From 12:00 until 9:00 p.m. 24 Q So you see your father in the morning before 25 you go to work? 114 1 A Yes. 2 Q Do you see that your father does things for 3 your grandmoth er? 4 A Oh, yes. 5 Q What kinds of things does he do for your 6 grandmother? 7 A He drives my grandmother to the hairdresser, 8 to the superma rket, to the doctor's office. Just the other 9 day to two dif ferent blood tests, because she needed to do 10 two separate ones. He makes dinner for her. 11 Q Does he make breakfast and lunch for her? 12 A Yes. Actually for me too. 13 Q But you don't get home until after 9:00? 14 A Right. But on my days off. 15 Q So if you were to say how many times -- this 16 past week, how many times has he driven your grandmother to 17 an appointment? 18 A The last week, for a full week? 19 Q Today is Tuesday. Yes. If you would... 20 A I would say probably three or four times. 21 Q Last week -- 22 A If not five. 23 Q And generally how long does that take, if 24 you know? 25 A A couple of hours, or a few hours I should 115 1 say. It is longer than two hours. 2 Q Now, you indicated that you have observed 3 him walking and he has trouble walking? 4 A Yes. 5 Q How recently have you observed that? 6 A It has gotten worse I would say in the past 7 three -- probably three years. 8 Q But, again, in 2002 you only saw him once a 9 month? 10 A Well, no. I would see him when he dropped, 11 you know, papers off. 12 Q Did he have any trouble doing that, being a 13 messenger? 14 A Other than walking and hearing me sometimes. 15 Q So he could be a messenger? 16 A Yes. 17 Q And he obviously doesn't have any trouble 18 driving, because he drives your grandmother everywhere? 19 A Well, now, his car wouldn't start today, so 20 I don't know where he is going to come up with the money. 21 And I certai nly can't afford -- 22 Q Just answer the question. He doesn't have 23 any trouble driving? 24 A He doesn't have any problem driving if he 25 had a car to drive. 116 1 Q Is there any reason that you believe that he 2 is not going to get the car fixed, that your grandmother 3 wouldn't give him the money to do that? 4 A Actually, yes. Things are very tight. My 5 grandmother's money, as you heard from Angela Thompson, was 6 that it is fo r her. And that's my understanding as well. 7 Q And if the automobile is used to drive your 8 grandmother to necessary doctors' appointments, do you have 9 any reason to believe that it wouldn't be paid for through 10 the trust? 11 A It is possible that it wouldn't from my 12 understanding. 13 Q You have a vehicle? 14 A Yes. 15 Q So your father could use your vehicle to. 16 drive grandma to all those appointments? 17 A I don't know how that would be possible 18 since I have a job. 19 Q Well, you said you have days off? 20 A I only have Sunday and Monday. And doctors 21 aren't in on Sundays. 22 Q But they are in on Mondays? 23 A Yes. But I do use my car for other reasons 24 to keep up my lifestyle as well. 25 Q Does your father still do things outside 117 1 your grandmother's house, such as shovel the snow? 2 A Actually I didn't really see -- maybe a 3 little bit, but my grandmother has someone to do that. 4 Q You didn't notice his foot dragging when he 5 was shoveling the driveway, did you? 6 A It does all the time. 7 Q But it didn't stop him from doing that, did 8 it? 9 A Someone needs to do it. And just like when 10 I have seen my mother in the years running around and doing 11 things, I don' t see -- people will do what they want to do. 12 Q Now, your father was on the lease at the 13 store, wasn't he? 14 A Correct. 15 Q And he also signed certain checks? 16 A Yes. 17 Q Do you know which checks he signed? Did he 18 sign all check s? 19 A Certainly not. Hardly any in comparison to 20 the owner of t he store. 21 MS. VERNEY: That's all I have. 22 THE MASTER: Any redirect? 23 MR. WILLIAMS: No. 24 THE MASTER: Thank you, ma'am. 25 THE WITNESS: Thank you. 118 I MR. WILLIAMS: Call Mr. Harry Donson. 2 MS. VERNEY: Offer of proof. 3 MR. WILLIAMS: Same thing. 4 THE MASTER: Come forward, sir 5 Whereupon, HARRY E. DONSON, having been 6 duly sworn, testified as follows: 7 DIRECT EXAMINATION 8 BY MR. WILLIAMS: 9 Q Would you identify yourself for the record? 10 A I am Harry E. Donson. 11 Q Mr. Donson, are you the father of Barbara 12 Hoffman? 13 A I could get smart, but I won't, but I am. 14 Q Are you therefore the son-in-law (sic) of 15 Phil Hoffman? 16 A That's right. 17 Q And I think they have been married for 18 thirty-seven years, so would it be fair to say you have 19 known Phil at least thirty-seven years? 20 A Yes. 21 MS. VERNEY: Objection. That is information 22 that's not -- it was thirty-nine years. 23 BY MR. WILLIAMS: 24 Q I beg your pardon. You have known him at 25 least thirty-nine years? 119 1 A Yes. 2 Q In fact, Phil and Barbara went to high 3 school together, so you known him since that long? 4 A Yes. 5 MS. VERNEY: Again, I would just make a 6 general objection of leading. 7 MR. WILLIAMS: All right. I'll be careful. 8 BY MR. WILLIAMS: 9 Q Do you see Phil on a regular basis? 10 A Two or three times a week. 11 Q And this has gone back over the years? 12 A Many years. 13 Q Does he help you around your house with such 14 things like hooking up your VCR to the T.V. and things like 15 that? 16 A Yes. 17 Q What observations have you made about his 18 physical abi lities? 19 A Well, if I need a light bulb changed, I used 20 to have him do it, and now I don't. I have somebody else 21 do it, becau se he has trouble even getting up the first 22 step. And I am afraid he is going to fall off the thing, 23 and I a m not going to be the one to pick him up. I could 24 do it I gues s. 25 Q Have you observed Phil having difficulties 120 1 standing? 2 A Yes. 3 Q Walking? 4 A Yes. 5 Q Bending? 6 A Yes. 7 Q Do you know whether he has a bad back and a 8 bad knee? 9 A I am not a doctor. 10 Q Have you observed any difficulty in 11 concentrating or focusing? 12 A Some things. 13 Q Mental deficiencies? 14 A Mentally I don't think so. 15 Q Have you observed any difficulty in him 16 concentrating on a task at hand? 17 A It takes a long time to get something done. 18 Q What do you mean by that? 19 A Well, he is concentrating on it and trying 20 to figure this out or what it is. It is just not like the 21 normal person that just goes in and does it in ten minutes. 22 It could take him three hours. So that means there is some 23 kind of a ment al -- 24 MS. VERNEY: Objection. He is arriving at a 25 conclusion tha t is an opinion. 121 1 THE MASTER: Sustained. 2 BY MR. WILLIAMS: 3 Q Have you observed him have any difficulty 4 eating? 5 A Other than he will be eating, and the first 6 thing you know he goes to the bathroom and he is coughing 7 and hacking and throws up. 8 Q You are aware of a store that your daughter 9 owned called Kimberly's Bridal? 10 A You better believe it. 11 Q What has been your observation of Phil's 12 involvement with that store? 13 A Phil was a minor convenience -- 14 MS. VERNEY: I am going to object -- 15 THE WITNESS: -- for his wife and his 16 daughter. 17 THE MASTER: Hold on, sir. 18 MS. VERNEY: It is not within the scope of 19 the offer of proof. I believe the offer of proof was his 20 relationship -- the offer of proof for Kimberly was her 21 father's condition, physical condition, and her father and 22 mother's relationship. The offer of proof for Mr. Donson I 23 think was the same. I assume that's Mr. Hoffman's physical 24 condition and the relationship between Philip and Barbara. 25 And I question those two -- Mr. Hoffman's involvement in 122 I the store. And I don't know how that's relevant. 2 MR. WILLIAMS: Well, it is leading up to his 3 physical ability to perform work in the store. 4 THE MASTER: I will allow it. 5 MS. VERNEY: I would ask for more of a 6 foundation, because there is no foundation saying whether 7 or not Mr. Donson was at the store himself. 8 MR. WILLIAMS: He said he was familiar with 9 the store. 10 MS. VERNEY: It doesn't mean he was there 11 when Mr. Hoffman would have been there. 12 BY MR. WILLIAMS: 13 Q Were you there when Mr. Hoffman was there? 14 A Yes. At different times. 15 Q Could you tell what your observations are 16 about his ability to do work around the store? 17 A Well, he couldn't sell a dress. 18 Q Other than that? 19 A And he might hook up some of the things to 20 do the computer that actually belongs to me that they never 21 paid for. And a little bit of electrical work if they had 22 to have it done. And that was about it. 23 Q All right. Let me ask you over the last 24 three or four years, with regard to Phil's relationship 25 with your daughter, have you seen anything on his part that 123 1 would be in any way interpreted as aggressive or 2 threatening toward her? 3 MS. VERNEY: Again, I would object, as a 4 lack of foun dation. 5 THE MASTER: Overruled. 6 BY MR. WILLIAMS: 7 Q I didn't hear your answer. 8 A No. Never been told. 9 Q Do you have any concern at all about your 10 daughter's safety as regards her husband Phil? 11 A None whatsoever. 12 MR. WILLIAMS: Cross-examine. 13 CROSS-EXAMINATION 14 BY MS. VERNEY: 15 Q Mr. Donson, other than seeing Mr. Hoffman 16 today when w as the last time you saw him? 17 A Today is what, Tuesday? 18 Q Yes, sir. 19 A Okay. Saturday. 20 Q Where did you see him? 21 A At my house. 22 Q He comes over to your house? 23 A Yes. 24 Q How often does he do that? 25 A I testified, about three times a week. 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q No., You testified you saw him three or four times a week. A Okay. That's at my house. Q And he always comes to your house? A Yes. Q You never go to his grandmother's house. What does he do when he comes to your house? A We talk, set and talk. He helps me hook up my snowblower to my tractor. Q Did that happen Saturday? A No. He just co mes over to check on me. Q And how long di d he stay on Saturday? A About an hour. I live by myself. Q How did he get there? A Drive. Q Whose car? A His. Q It was working then? A Yes. It didn't sound good, but it was working. Q So in addition to helping you -- could you tell me how you attach a snowblower to a tractor? Is it a blade that you attach to the tractor? A Snowblower -- a blade is a straight item. Q So it was actually a snowblower to your 125 1 tractor? 2 A Yeah. And all he does is -- I can't get 3 down on my knees. If I get down on my knees, I can't get 4 up. If he gets down on his knees, he has a heck of a time 5 getting up. But he got down, and you just pull a skin back 6 the sleeve, and then I pushed the thing up to it, and he 7 just left t he sleeve go, and it went together. 8 Q And that was done, I take it, at the last 9 snow? 10 A No. 11 Q When was that done? 12 A When I decided it was going to snow. 13 Q Can you tell me when that is? 14 A Sometime this winter. I don't know when it 15 snows. 16 Q So he helped you hook that up at the 17 beginning of the winter? 18 A Yeah. 19 Q Now, when was the last light bulb you needed 20 changed? 21 A Well, one that he gave me for Christmas. 22 And it was j ust about -- I guess -- this is February -- 23 March -- 24 Q This is March. 25 A It was sometime in January I guess. And 126 1 then I had somebody else take it out and put other ones in, 2 because I didn't want him up on a ladder again. 3 Q He gave you a light bulb for Christmas? 4 A Yeah. So I could see. 5 Q Were you aware that he used to climb 6 scaffolding at his house and do work in the poolroom? 7 A I wouldn't-trust him climbing six feet off 8 the ground on a scaffold. 9 Q Well, he testified that he did that? 10 A Yeah. Anybody can do anything they want to 11 do. 12 Q Okay. 13 A I run a snowblower by hand. They tell me I 14 can't do it. I do it. Anything they tell me I can't do, I 15 do it. But -- 16 Q So if somebody told Mr. Hoffman to get a 17 job, he could do that if he wanted to? 18 A No. 19 Q Why is that, sir? 20 A Well, first place if he took a job at Weis, 21 Giant, Wal-Mart, he couldn't stand to stand all day and 22 move around like that. And they are not going to put up 23 with that. They hustle. Another thing, concentration on 24 what he was going to do -- 25 Q And how have you observed his 127 1 concentration -- 2 MR. WILLIAMS: I am not sure -- excuse me. 3 I am not sure the witness is finished answering the 4 question. 5 MS. VERNEY: Okay. 6 THE WITNESS: He concentrates, but they 7 wouldn't put up with all of that, to wait to find out how 8 to do it, wha t to do it. Nobody would. 9 BY MS. VERNEY : 10 Q So you don't think he could bag groceries at 11 Giant say for a four hour shift like other elderly people 12 do? 13 A Give him a stool, yeah. 14 Q And, again, what have you observed him 15 concentrating on that you say takes longer? 16 A The only thing I know is the computer. 17 Q And does he come to your house to do the 18 computer? 19 A No. He just comes there to help me once in 20 awhile when I got a problem. But then most of the time he 21 can't solve th e problem. 22 Q Well, again, when have you observed him 23 concentrating on the computer? 24 A Where, on mine or on his? 25 Q Wherever he is concentrating? 128 1 1 A Well, he is not concentrating on mine, 2 because I do n't let everybody touch it and get into it. 3 Q So you have never really seen him working on 4 a computer? 5 A I have seen him, but I don't know what he is 6 doing. Anybody can sit there and look at a computer. 7 Q Where have you seen him do that? 8 A Down at the store. 9 Q How long ago was that? 10 A Two years ago. Whenever I bought the 11 computer for the store down there. That's when I seen him 12 doing that. 13 Q Okay. 14 A Now, on my computer he has come in and tried 15 to, and he do es bring it up, his bank statement. And 16 that's all he does on mine. I sit there and watch him, 17 because I don 't want anything screwed up. 18 Q Does he not have a computer at his 19 grandmother's -- at his mother's house? 20 A I don't know. I haven't been there. 21 Q When is the last time you saw him eating? 22 Does he come to your house to eat? 23 A No. 24 Q When was the last time then you saw him eat? 25 A Well, he does eat when he gets there. If 129 1 there is candy laying or something like that. 2 Q And you are saying that that's when he 3 starts coughing and hacking? 4 A No. Not with a piece of candy. 5 Q Well, when have you observed him coughing -- 6 A At a restaurant. 7 Q When was that? 8 A Well, I don't know. She was along with us 9 out to Sunnyside. 10 Q She who, Barbara? 11 A Yeah. 12 Q How long ago was that? 13 A I don't know. 14 Q Was it a year ago, two years ago? 15 A It was a couple years ago there. Another 16 time he was over at the Middlesex Diner with me, and he had 17 to get up, but I don't know what day it was or what time it 18 was. 19 Q So you have seen him work on the computer, 20 he actually can hook them up, connect them, is what you are 21 saying? 22 A Yeah. Put the wire in the back. 23 Q Right. 24 A Not open them up. He is not going to work 25 inside t he computer, because I mean he is -- 130 1 Q But you have seen him hook it up at the 2 store? 3 A Yeah. He is not a rocket scientist. 4 Q And you have seen him do electrical work at 5 the store, right, that's what you testified to? 6 A Yeah. 7 Q Well, what kind of electrical work? 8 A Something that most any man could do is just 9 take and put on a receptacle, a wire on one side and a wire 10 on the other side and put two screws in and a plate. 11 Q Okay. I just want to make sure that what 12 you testified to -- 13 A Yeah. That's all there is to it. 14 Q And how long ago was that? 1.5 A When they did the store over. That's ten, 16 eleven years ago. 17 Q Does he do anything else at your house other 18 than work on the snowblower or have you attach the 19 snowblower to the tractor? Does he do anything else 20 outside for you? 21 A He has helped me attach the leaf blower onto 22 it. I would pick it up, and he would just hook the cable 23 over the thing, because it takes two people to do it. 24 That's all. Nothing else. 25 MS. VERNEY: That's all I have. 131 1 THE MASTER: Anything redirect? 2 MR. WILLIAMS: No. 3 THE MASTER: Thank you, sir. You may step 4 down. 5 MR. WILLIAMS: I call Michael Heit, please. 6 Whereupon, MICHAEL M. HEIT, having been 7 duly sworn, testified as follows: 8 DIRECT EXAMINATION 9 (As to qualifications) 10 BY MR. WILLIAMS: 11 Q State your full name, please? 12 A Michael M. Heit, H-e-i-t. 13 Q Profession or occupation? 14 A I am a counselor. 15 Q Do you do vocational evaluation work, that 16 is work to determine a person's suitability for employment 17 given their experience, education, disabilities, age, 18 things like that? 19 A Yes, I do. 20 Q Is that something you do on a regular basis? 21 A Yes, it is. 22 Q Have you been qualified to testify on those 23 things in I guess all the courts in Central Pennsylvania, 24 Workers' Compensation Referees, and Social Security 25 Disability and all that? 132 1 A Yes. For the past twenty-seven years. 2 MR. WILLIAMS: All right. Let's mark this 3 as Defendant' s Exhibit -- 4 THE MASTER: You are offering him as an 5 expert? 6 MR. WILLIAMS: Yes. 7 THE MASTER: Do you wish to cross-examine 8 with respect to his credentials as an expert? 9 MS. VERNEY: I would. 10 MR. WILLIAMS: Defense Exhibit No. 16. It 11 is his CV. 12 THE MASTER: You don't have a 4 or a 13 yet. 13 Are you going to fill those in? 14 MR. WILLIAMS: I don't have a 4? I am glad 15 you mentioned that. Yes. That was an omission. 4 is 16 going to be the-2001 income tax return. I just overlooked 17 that. 18 THE MASTER: I have 1, 2, 3, 5. Do you want 19 to have this marked as 4, or are you going to have 20 something as 4? 21 MR. WILLIAMS: Something else is 4. 22 THE MASTER: Okay. I don't have a 13. 23 MR. WILLIAMS: That will be coming. 24 THE MASTER: Then make this one 16. 25 (Whereupon, Defendant's Exhibit No. 16 133 1 was marked for identification.) 2 BY MR. WILLIAMS: 3 Q I am going to show you what is marked 4 Defendant's Exhibit No. 16 and ask if that is a current 5 copy of your CV? 6 A Yes, it is. 7 THE MASTER: Now, you may cross-examine with 8 respect to credentials. 9 CROSS-EXAMINATION 10 (As to qualifications) 11 BY MS. VERNEY: 12 Q Sir, where did you go to college? 13 A Undergraduate school, I got a Bachelor's 14 degree at Temple University in 1973. A Master's degree at 15 West Chester State University in 1976. 16 Q What was your degree in at Temple? 17 A It was in Rhetoric and Communication in the 18 Speech Department. 19 Q And what was the Master's at West Chester? 20 A It was in Education and Counseling. 21 Q When did you start doing vocational 22 counseling? 23 A Vocational counseling coupled with 24 rehabilitation counseling in 1977. 25 Q And how much of your time presently goes to 134 1 evaluating individuals for testifying in court? 2 A Any person I evaluate could potentially end 3 up in litigation. How many actually do,,you never know. 4 Q So that's exclusively what you do -- 5 A No. 6 Q -- evaluate? 7 A No, no, no. I work with people to help find 8 them jobs, to help in that area. I might get twenty 9 percent of my referrals just for strict evaluation to make 10 an opinion as to their earnings capacity. The rest are to 11 work with individuals on an ongoing basis to help place 12 them or work within their doctor's restrictions or help 13 them get proper physical or medical treatment. 14 Q Okay. So let me make sure I understand 15 then. Only twenty percent of the work you do could 16 possibly lead to have you testify? 17 A No. I didn't say that. I said twenty 18 percent of the work that I get approximately is just to 19 evaluate an individual as to their earnings capacity. A 20 hundred percent of the work I get could lead to litigious 21 or to that thing. But of that other eighty percent perhaps 22 twenty-five percent lead to that type of thing. 23 Q And the work you did for Philip Hoffman, was 24 that only for testifying today? 25 A Well, it was to do an evaluation. Whether 135 1 or not I had to testify, time would tell. 2 Q Well, and are you going to step further in 3 that you woul d then work with him to find.a job? 4 A No. I wasn't asked to do that. 5 Q Can you tell me how much you were paid to 6 testify? 7 A I didn't submit my bill yet. I was not paid 8 yet. 9 Q And what will that be? Is it an hourly 10 rate? 11 A It is an hourly rate, yes. 12 Q And what is your hourly rate? 13 A It is $90.00 an hour. 14 Q And how much to write the report and to do 15 the initi al e valuation? 16 A I believe the initial evaluation and 17 the -- I thin k it was around -- approximately $400.00. 18 MS. VERNEY: That's all I have for voir dire 19 and quali fica tions. 20 FURTHER DIRECT EXAMINATION 21 (As to qualifications) 22 BY MR. WI LLIAMS: 23 Q Just to clarify one thing. You have already 24 been paid for your initial evaluation? 25 A Yes. 136 1 Q So when you said you haven't been paid yet, 2 you are talking about the time it is taking you today to 3 sit here in court and listen to witnesses and testify? 4 A Correct. 5 MR. WILLIAMS: I offer the witness as an 6 expert in the field of vocational evaluation. 7 THE MASTER: Any objection? 8 MS. VERNEY: No. 9 DIRECT EXAMINATION 10 BY MR. WILLIAMS: 11 Q Did you, Mr. Heit, at my request perform a 12 vocational evaluation of Philip Hoffman? 13 A I did. 14 Q And did you embody that in a report dated 15 December 18, 2002? 16 A Yes. 17 Q Do you have that with you today? 18 A Yes, I do. 19 Q All right. Let me ask you first before we 20 get into your thinking on this. Did you form an opinion as 21 to his employability? 22 A Yes, I did. 23 Q What is that opinion? 24 A My opinion is that Mr. Hoffman would be 25 employable in some types of employment, basically unskilled 137 1 type work where he has the ability to alternate sitting and 2 standing, could take breaks when needed, and part-time in 3 nature. 4 Q What factors did you consider in coming to 5 that opinion? 6 A I considered,his prior work history, his 7 age, and his medical condition as stated by Mr. Hoffman, 8 and records reviewed from his treating physician. 9 Q Let me show you what we have marked as 10 Defendant's Exhibit No. 13, and ask you is that a report 11 from Dr. Himmelreich dated December 17, 2002, regarding Mr. 12 Hoffman? 13 A Yes. These are, I believe, a copy of his 14 office notes. 15 MS. VERNEY: I am going to object to the 16 admission of this. There is no verification. There is no 17 doctor's signature. 18 THE MASTER: It hasn't been offered for 19 introduction yet. 20 MS. VERNEY: Then I don't believe he can 21 testify from it. 22 BY MR. WILLIAMS: 23 Q Let me ask. Mr. Heit, in the course of your 24 evaluations, as you testified, over the years is medical 25 reports such as this Defendant's Exhibit 13 things that you 138 1 routinely consider in coming to, your opinions? 2 A Yes. 3 MS. VERNEY: Again, I still object if he is 4 going to be permitted to refer to it and testify that he 5 arrived at conclusions from a document that is not 6 authenticated that it came from a doctor. 7 BY MR. WILLIAMS: 8 Q Well, let me go on then, and we will come to 9 that issue a little bit later. But let's talk about what 10 you did consider. First of all, did you have that report 11 when you did your initial evaluation? 12 A No. I did not. 13 Q So we will cover that later. And I want to 14 ask you about your initial evaluation that you just 15 described for him. 16 A Okay. 17 Q You know that Mr. Hoffman worked as a -- his 18 past history was as a what when he got laid off? 19 A It was as a machine operator. 20 Q And is that a skill that a person can keep 21 over the years, or does that perish as the years go by and 22 you don't use it? 23 A Well, it is something that you have to keep 24 doing to keep up to date with new techniques, new 25 machinery. And a lot of it is computerized now. The 139 I machines are computerized in some of the more modern 2 machine shops. 3 Q Do you believe that Mr. Hoffman could do 4 that work now without significant additional training? 5 A No. I do not. Wait -- did I answer it 6 correctly? I don't think he could do the work. 7 Q You have sat here today and heard the 8 testimony of Philip Hoffman about his medical condition and 9 Harry Donson and Kimberly Colton, have you not? 10 A Yes, I did. 11 Q What effect do they have, assuming that 12 testimony is true, as to his ability to work in any job 13 that he would otherwise be suitable for without those 14 disabilities? 15 A Well, basically their testimony adds to the 16 fact that Mr. Hoffman has some physical capabilities which 17 they pretty much corroborate what he stated to me, that he 18 has a hard time doing physical work, standing or sitting 19 for an entire eight hour day, and must have the ability to 20 alternate sitting and standing, and could only really work 21 on a part-time basis. 22 Q What type of work? 23 A It would be menial work -- well, I wouldn't 24 say menial. Every work has its worth, but he could do 25 things maybe locally, auto parts delivery person, if he 140 1 didn't have to lift something like a battery and didn't 2 have to drive far. Perhaps work at a self-service gas 3 station, or perhaps work at a fast food restaurant if he 4 would be given the opportunity to take breaks and to sit 5 and stand. 6 But after hearing the testimony, I would be 7 a little leery of a fast food restaurant because it is a 8 fast pace. It is working around sometimes slippery floors 9 and different unsafe conditions which might not be good for 10 him. 11 Q Assuming that he was able to get a job of 12 the type that you described and believe he could probably 13 do, within the limitations you have explained, and assuming 14 that it makes sense for him to do that, and being sixty-two 15 and about ready to get Social Security, what type of income 16 would you expect he could make from that type of a job? 17 A I think I put in my report somewhere between 18 $6.00 to $7.50 a hour depending on the place and what they 19 are willing to pay. 20 Q For how many hours a week? 21 A Probably part-time, which is probably 22 average, around four hours a day. 23 Q Now, does that include benefits like health 24 insurance or retirement? 25 A No. No benefits. 141 1 Q Now, let me ask you about Exhibit 13 again, 2 the report of Dr. Himmelreich. Does that in any way cause 3 you to change your opinion as to the type of work he can 4 do, the physical limitations described by Dr. Himmelreich? 5 MS. VERNEY: Again, I would object. The 6 document has not been verified that it was from a doctor. 7 THE MASTER: I am going to have to sustain 8 it. 9 MR. WILLIAMS: Cross-examine. 10 CROSS-EXAMINATION 11 BY MS. VERNEY: 12 Q Mr. Heit, when you evaluated. Mr. Hoffman in 13 December, it was December 3rd, is that right? 14 A That's correct. 15 Q Did you know he operated a backhoe 16 previously at his house? 17 A I don't believe I knew. I might have. I 18 don't have it in my report. I don't remember. 19 Q That would require some skill, various 20 levers to operate? 21 A Yes. 22 Q Did he admit to you that he does all the 23 lawn work at his own house and helps his mother at her 24 house? 25 A When I spoke to him he wasn't at his house, 142 1 so I don't think we discussed the lawn work. 2 Q Well, did he tell you that he stood on a 3 scaffolding at his own house and did maintenance work at 4 his own house, drained the pool, and did that kind of work? 5 A He indicated that he did odd jobs around the 6 house, that a lot of the jobs that he did perhaps he would 7 do something and it would take him -- he would be on his 8 feet for a couple of hours, and then he would feel it and 9 have to, you know, rest. So he tried to do as much as he 10 can, which goes beyond the scope of your question. But if 11 you want me to tie that into work, at work he is doing 12 something hour after hour, day in and day out. A lot of 13 people might do odds and ends around their house, but then 14 they can't do it, you know, all the time. 15 Q Right now I want you just to tell me, in 16 your interview, I already asked you about the backhoe, and 17 you don't recall him telling you he worked on a backhoe? 1.8 A That's right. 19 Q You don't recall him telling you he did all 20 the lawn work at his own house? 21 A Correct. 22 Q You don't recall that he told you he was on 23 scaffolding at his own house and drained the pool and took 24 care of the pool at the house? 25 A No. I recall him talking about doing odd 143 1 jobs around the pool. Idon't recall scaffolding. 2 Q Did he tell you he put insulation in at the 3 pool at all -- for the scaffolding job? 4 A No. 5 Q Did he ever indicate to you that he fixed 6 equipment at his house, his car? 7 A Again, this goes into he did odd jobs around 8 the house. We didn't get into specifically whether or not 9 he fixed his car. In fact, no, I don't recall. 10 Q In your mind had he told you those things, 11 that he was qualified to do all of those things, would that 12 have changed your opinion? 13 A Which opinion? 14 Q The opinion that says he can only work at a 15 $6.00 an hour job? 16 A No. The reason being that to do something 17 periodically for a couple of hours every now and then isn't 18 doing something forty hours a week day in and day out. 19 Q Did he tell you that he was taking care of 20 his mother ri ght now? 21 A Yes. 22 Q Full-time? 23 MR. WILLIAMS: I object to the form of the 24 question. I don't think he said full-time. 25 THE MASTER: I will sustain that. 144 I BY MS. VERNEY: 2 Q He did tell you he was taking care of his 3 mother? 4 A Yes. Specifically he was living there and 5 he helping her out. 6 Q Did he tell you that he plowed the snow in 7 her driveway or shoveled the snow? 8 A I don't think it snowed yet when I spoke to 9 him. So, no, I didn't hear that. 10 Q Now, your opinion was based solely on the 11 information that he gave you? 12 A Correct. 13 Q And this report that I have -- is that 14 marked as an exhibit? 15 MR. WILLIAMS: No. 16 MS. VERNEY: Is it going to be marked as an 17 exhibit? 18 MR. WILLIAMS: No. But I have no objection 19 if you want to. 20 BY MS. VERNEY: 21 Q So this report was only information that you 22 received from Mr. Hoffman? 23 A Well, yes and no. It was information I 24 received from him coupled with my knowledge of the labor 25 market, coupled with my knowledge of employers and what 145 I they are looking for when they hire somebody. So you will 2 have to take that as -- 3 Q But for the facts of his condition and his 4 work experience, you only relied on his information? 5 A That's correct. 6 Q Now, the document that's marked as Exhibit 7 13 is dated December 17? 8 A Correct. 9 Q Your report that I am looking at is dated 10 December 18. Did you incorporate any of the information 11 you received from the December 17th document into your 12 December 18th document? 13 A No. I did not. 14 Q So then you have a supplemental report today 15 to talk to us about or... 16 A I don't believe I do. 17 Q Then what was the purpose of receiving 18 Exhibit 13? 19 THE MASTER: Counsel, I believe Exhibit 13 20 has been objected to by you and not admitted. 21 MS. VERNEY: Again, the dates are only one 22 date from the date of his report. And I am trying to get 23 to the fact that he actually did incorporate the 24 information that he received from the 17th into his 18th. 25 THE WITNESS: This is dated December 24th. 146 1 This is an office note from December 17th. So the time 2 frame isn't exactly as you are saying, if you look at the 3 bottom of this. 4 BY MS. VERNEY: 5 Q And you know what that means? 6 A Yeah, this is -- when someone sees a doctor, 7 and you probably go to the doctor's, and for liability 8 reasons as soon as you leave they dictate an office note, 9 which a transcriptionist eventually types up in this form 10 and puts into their chart. I am sure you would find this 11 if you subpoenaed or if you got his chart from a doctor. 12 Q And did you suggest to Mr. Hoffman when you 13 met with him on December 3rd to get confirming 14 documentation from his doctor for you? 15 A No. 16 Q So this document just mysteriously appeared 17 in your office? 18 MR. WILLIAMS: I sent it to him. 19 THE WITNESS: No. He sent it to me. 20 BY MS. VERNEY: 21 Q What was the purpose of doing that? 22 A Well, if I recall, Mr. Williams sent it to 23 me and said I have a report that I received from Mr. 24 Hoffman's doctor. Will you review the report and let me 25 know if it changes your opinion in any way. 147 I Q Is there a reason that Mr. Hoffman could not 2 be a caregiver to his mother? He is doing that now, isn't 3 that right? 4 A Well, if you stay in the scope of a 5 caregiver, and I have some experience with this, because we 6 used to deal with people that hire caregivers. I have a 7 list of nurses that did that. So it depends on the scope. 8 As a person gets more disabled, you might need a more 9 sophisticated person to care for the mother, to help her 10 around like he stated that he was doing, cooking, driving 11 her on errands and things like that, helping around the 12 house. He testified he was capable of doing that. In 13 fact, he is doing that. 14 Q And he could do that for eight hours a day? 15 A I don't think he does that for eight hours a 16 day. Again, if you -- 17 Q I didn't ask you that. I asked you if he 18 could do that for eight hours a day. 19 A Absolutely not. 20 Q Why not? 21 A Eight hours a day means being on his feet, 22 driving eight hours a day, fixing things eight hours a day, 23 cooking eight hours a day. No. That's saying that he 24 could be an aid in a hospital. He can't be on his feet and 25 do something continuously for eight hours a day. 148 1 Q And the person who did what he did prior to 2 that, she couldn't do that eight hours a day -- or didn't 3 she do it eight hours a day? 4 A I don't know. I don't know. Some people 5 are capable of doing that. But eight hours a day -- 6 Q Doesn't a caregiver get the opportunity to 7 sit down, if his mother was napping, or if his mother was 8 sitting and watching television? It doesn't necessarily 9 mean that Mr. Hoffman would have to be on his feet doing 10 anything. That would be the opportunity for him to sit 11 down, wouldn't it? 12 A You mention eight hours a day, doing it 13 eight hours a day, if he had a position where he could take 14 naps, rest, not be on his feet, depending on the situation. 15 Some caregivers, when the person is resting, if they are 16 getting paid for eight hours a day, they are asked to do 17 other things, laundry, cleaning. It depends on the 18 situation. 19 Q Well, isn't that what Mr. Hoffman is doing? 20 He is taking over the housekeeping chores and the house 21 also? 22 A I think pretty much. I don't know how much 23 his daughter does too. She lives there now. 24 Q When you wrote the report, did Mr. Hoffman 25 tell you he was a journeyman machinist? 149 1 A Yes. 2 Q That's not in your report? 3 A Yes, it is. 4 Q Where? 5 A The first page, second paragraph from the 6 bottom. Mr. Hoffman did attend one year of college before 7 becoming a journeyman machine apprentice at his father's 8 machine shop. 9 Q I don't believe he used those terms 10 apprentice. He said he was an actual journeyman machinist. 11 MR. WILLIAMS: What's the question? 12 BY MS. VERNEY: 13 Q The question was did he tell you he was a 14 journeyman machinist? 15 A Yes. 16 Q And he said yes. And yet his report says he 17 was an journeyman machine apprentice. That's different, 18 isn't it? And a full journeyman machinist would be capable 19 of earning more money than an apprentice? 20 A Basically it is semantics here, because when 21 I said he became a journeyman machine apprentice at his 22 father's machine shop, that was about thirty years prior, 23 or more than that, to writing the report. He then was 24 classified as a manufacturing engineer. If you go on to 25 read where he would program, computer operate machines, 150 1 design pictures, et cetera, et cetera. So I knew he was a 2 journeyman machinist. In my narration I was just saying I 3 don't know where he started off as an apprentice. You 4 don't stay an apprentice forever. 5 Q But you didn't find it important to put it 6 in your report that he was a journeyman machinist? 7 A It was probably an oversight on the 8 dictation. I stated what he did. And the paragraph after 9 that even is more involved than a journeyman machinist. 10 Q So you admit you have made one oversight. 11 Is it possible you have made other oversights in this 12 report? 13 A No. I don't admit I made an oversight. I 14 indicated when he started at the job he started as a 15 journeyman machine apprentice in his father's machine shop. 16 He then was classified as a manufacturing engineer, where 17 he would program computer-operated machines, design 18 pictures, and tooling for machines, to provide maintenance 19 for the machinery and operate machines. So, no, I am not 20 going to say it was an oversight. It was just how I stated 21 it. 22 Q Your prior answer said it was an oversight. 23 And I was only repeating what your prior answer was, but 24 I'll move on. 25 Now, I believe you conclude that he could 151 1 not be re-employed presently as a journeyman machinist, is 2 that right? 3 A It would be very hard. 4 Q Well, how hard? 5 A Very. 6 Q How about he first has to apply? Would that 7 be the first obstacle in order to be hired as a journeyman 8 machinist? 9 A No. That wouldn't be the first obstacle. 10 That would be what you have to do to get a job. 11 Q What do journeyman machinists make now per 12 hour? 13 A Well, to start they would make per hour, 14 depending on this job, you can make anywhere from let's say 15 ten to $15.00 a hour. But one has to look at the fact that 16 he has been out of it for ten years. So he would be 17 starting out on the bottom. And as a journeyman machinist, 18 after being out of the industry for ten years, he would 19 most likely have to start again in an apprenticeship 20 program to learn new machines, new techniques, new 21 whatever. 22 He is sixty-two years old. Most companies 23 will not hire a sixty-two year old person to train them. 24 The first thing they are going to ask -- one of the things 25 they are going to ask is why are you here for this job. 152 I Why do you want to work now when you are sixty-two when you 2 didn't work for ten years. What is he going to say? I am 3 telling you why it would be difficult for him. 4 What is he going to say? Is he going to tie 5 it to I just got this urge to work after ten, eleven years? 6 Is he going to say I need money? They are going to say how 7 long are you going to work for us if we train you. There 8 are some of the reasons why it would be difficult for him. 9 Q Now, did he admit to you that he works on a 10 computer? 11 A Well, he said -- yes. That was part of his 12 previous job of eleven years ago he worked on a computer. 13 Q And did he indicate to you that he actually 14 did some work at Kimberly's with electrical things and 15 hooking up a computer? 16 A Yes. He indicated that he did -- well, I 17 don't remember electrical, putting up a computer, no. 18 Q So he didn't tell you that? 19 A I don't recall. But if he did, I didn't 20 consider it significant that he plugged in a computer. All 21 the wires are color-coded nowadays anyway. 22 Q You just have to read the instructions 23 and... 24 A Not really. You just plug the color into 25 the color. 153 1 Q I certainly need to read instructions. 2 A Well, I find when I don't I am better. When 3 I start reading them, I don't understand what's going on. 4 Q Is there any reason why you indicate -- you 5 heard his father-in-law indicate that he knows how to 6 access the Internet. Is there any reason why he couldn't 7 get a job at a computer and working this information at a 8 computer? 9 A You mean as what, just as... 10 Q I don't know. You are the expert in 11 employment and communications. You tell me. He knows how 12 to use a computer. He knows how to hook it up. He knows 13 some electrical things. He used to be a journeyman 14 machinist. 15 A He could probably get a job working at a 16 computer say in telemarketing. Jobs like that will require 17 intensive on the phone, sit-down type work, in a part-time 18 job. 19 Q And how much would that pay? 20 A It depends. That could pay approximately 21 from 7.50 an hour to $8.00 an hour, depending on -- a lot 22 of it is profit on how many calls you would sell and things 23 like that. 24 Q And you again said that was only part-time? 25 Did he indicate that he has problems sitting for a long 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time? I know there is testimony that he has bad knees and he has trouble walking. But, again, people who work on the computer don't get up and stretch every so often? A They do. Q So he could sit for eight hours, get up and stretch a few times, go to lunch for a half hour or an hour. So what would prevent him from working eight hours at that kind of a job? A At a sit-down job? Q Yes. A Where you could alternate sitting and standing? Q Right. A He could probably do that. Q For eight hours a day? A According to what I say. Now, it is contradictory to this doctor's report. Q That doctor's report is not in evidence. A I think he would have a chance of trying to do that. Whether or not he is going to get hired at age sixty-two after being out of the labor market for ten years is another thing of whether he could physically do it. Q Now, the pay ranges that you listed in your report, 6.00 to 7.50, 7.50 to $8.00, you just told me about... 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Do you get that from an index of some sort? I am trying to find the source of your knowledge for that. A The source is just my work, what I do. Q Well, do you look in the newspaper on Sundays and run down and see what the price is, or do you have some service that indicates to you what the pay ranges are in these days? A All of the above. Q What are the services that you review to come up with a salary? A Well, there is different jobs. On the computer there is different postings. Q What source, please? A Well, there are sources from newspapers. There is a source called jobsearch.com. I think that's what it is called. You just -- basically if you are looking for something local, I can't recall exactly, because things change. You type in what you want, and it will take you through and search until you narrow it down to what you want. But I have been working in this Central Pennsylvania area since 1981. And I constantly look for jobs that place people in these type of jobs. So it is my personal working knowledge. Q And, again, what do caregivers make now, pay 156 1 range per hour? 2 A It depends. I know of them making from 3 $5.00 to $8.00 an hour, depending on the skill required. 4 Q And you heard Vernon Hoffman testify that 5 she was paying somebody $110.00 a day to stay with her 6 overnight, which is what Mr. Hoffman is doing? 7 A Yes. I heard that. 8 Q And so that's a going pay rate? 9 A Not for overnight. It is cheap to tell you 10 the truth. I don't know what this person was doing. So a 11 going pay rate, you know... 12 MS. VERNEY: That's all I have. 13 THE MASTER: Any redirect? 14 MR. WILLIAMS: Two. 15 REDIRECT EXAMINATION 16 BY MR. WILLIAMS: 17 Q You were asked about your report being based 18 upon what Philip Hoffman told you? 19 A Correct. 20 Q My question is -- and the report is not in 21 evidence. Your testimony here today -- is that also based 22 upon what you heard from the witnesses, Harry Donson and 23 Kimberly Colton? 24 A Yes, it is. 25 Q Is that consistent with what Philip Hoffman 157 I told you? 2 A Yes, it is. 3 Q When you talked about using a computer, did 4 you understand that to be that everybody uses a computer 5 and so he could use a computer too? 6 A That's correct. 7 Q He doesn't have, to your knowledge, any 8 specialized knowledge in computers? 9 A Not in data processing technology where 10 there is degrees or programming, no. 11 MR. WILLIAMS: That's all. 12 MS. VERNEY: No recross. 13 THE MASTER: Thank you, sir. You can step 14 down. 15 MR. WILLIAMS: I need to recall Phil Hoffman 16 just to authenticate Exhibit 4. 17 THE MASTER: Why don't you do it from the 18 table. 19 (Whereupon, Mr. Phil Hoffman was recalled.) 20 DIRECT EXAMINATION 21 BY MR. WILLIAMS: 22 Q I show you what's marked Defendant's Exhibit 23 No. 4. Is that a true and correct copy of your Federal 24 income tax for the year 2001? 25 A Yes, it is. 158 1 4 Does it accurately reflect your income and 2 expenses for that y ear? 3 A Yes. 4 MR. WILLIAMS: That's all. 5 THE MASTER: Cross. 6 MS. VERNEY: No questions. I will stipulate 7 to it. 8 THE MASTER: Any other witnesses, Mr. 9 Williams? 10 MR. WILLIAMS: No. 11 THE MASTER: Do you move for the 12 admissibilit y of Defendant's Exhibits 1 through 4, 14, 15 13 and 16 -- ex cuse me, 1 through 12, 14, 15 and 16? 14 MR. WILLIAMS: We move for the admission. 15 THE MASTER: Any objection to the exhibits? 16 MS. VERNEY: No. Except I am not sure I 17 have copies of all of those. 18 THE MASTER: They are admitted. 19 Do you rest, Mr. Williams? 20 MR. WILLIAMS: Yes. 21 THE MASTER: Any rebuttal testimony? 22 MS. VERNEY: No rebuttal. 23 THE MASTER: We will close the record. 24 (End of proceedings) 25 159 CERTIFICATION =C hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Micky At^ Stephenson - Official Stenographer The foregoing record of the p.;:c_:ceedings on the hearing of the within matter is hereby approved and directed to be filed. Date- -- ---- ----- Michael R. Rundle, Esquire support `!Taster ..- r ';:?. 4u ?? c?_ <? _, _ _a <? -?,=?+ M--y y "z`_t.? ,? .,, `.. _a ?.? ;,-' L7 BARBARA D. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION PHILIP V. HOFFMAN, : PACSES NO. 113104882 Defendant :NO. 855 SUPPORT 2002 PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, : PACSES NO. 917105015 Defendant : NO. 992 SUPPORT 2002 PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW BARBARA D. HOFFMAN, : PACSES NO. 653105293 '/ Defendant : NO. 02-5292 CIVIL TERM IN RE: EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE OLER, J. ORDER OF COURT AND NOW, this 2"d day of July, 2003, upon consideration of Plaintiffs exceptions to the support master's report, and for the reasons stated in the accompanying opinion, the exceptions are dismissed and the Interim Order of Court dated March 21, 2003, is entered as a permanent order. BY THE COURT, O,Zley VNVA I, SW d Z0 .II ?1i' , _ iijr ";n 11t ::, rl? YF 1 ?J .. _... Michael R. Rundle, Esq. A Support Master /Jacqueline M. Verney, Esq. 44 S. Hanover St. Carlisle, PA 17013 Attorney for Barbara D. Hoffman ?fhomas J. Williams, Esq. Martson Deardorff Williams & Otto 10 East High St. Carlisle, PA 17013 Attorney for Philip V. Hoffman U 1 n F-.t in) R K3 drl -ce-43 BARBARA D. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION PHILIP V. HOFFMAN, : PACSES NO. 113104882 Defendant : NO. 855 SUPPORT 2002 PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION BARBARA D. HOFFMAN, : PACSES NO. 917105015 Defendant : NO. 992 SUPPORT 2002 PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW BARBARA D. HOFFMAN, : PACSES NO. 653105293 Defendant : NO. 02-5292 CIVIL IN RE: EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., July 2, 2003. The above-captioned cases involve a claim by Barbara D. Hoffman (hereinafter Wife) for spousal support, a claim by Philip V. Hoffinan (hereinafter Husband) for spousal support, and a divorce action initiated by Husband in which Wife filed a claim for alimony pendente lite.' The claims were heard by the 1 Wife filed a claim for spousal support docketed to No. 855 Support 2002. Thereafter, Husband filed a claim for spousal support docketed to No. 992 Support: 2002. Husband then initiated a divorce action docketed at No. 02-5292, in which Wife filed a claim for alimony pendente lite. Cumberland County Support Master on March 18, 2003. Following the hearing, the master issued a report z recommending that: (a) the Husband pay $28.00 per month in spousal support; (b) the effective date of the order be September 23, 2002; (c) the Husband pay $10.00 per month on arrearages pending payment in full; (d) the Husband's claim for spousal support be dismissed; and (e) the Wife's claim for alimony pendente lite be dismissed without prejudice. These recommendations were incorporated into an interim order of court dated March 21, 2003.3 Exceptions were timely filed by Wife on March 31, 2003.4 Wife's exceptions to the master's report were expressed as follows: 1- Support master's report and recommendation is against the weight of the evidence. 2- Support master's report and recommendation is contrary to law. 3- Support master erred in determining that Husband had an earning capacity of $578.00 per month. 4- Support master erred in not finding that Husband had an earning capacity in the amount of his social security benefits and retirement income. 5- Support master erred in not deviating from the support guidelines based on Wife's extraordinary expenses and Husband's lack of expenses. 6- Support master erred in applying Pa. R.C.P. 1910.16-2(e)(1)(B) and by not reducing Husband's income below $550.00.5 z The support master's report was filed on March 21, 2003. 3 Interim Order of Court, March 21, 2003. a Wife's Exceptions to March 21, 2003 Interim Order of Court, filed March 31, 2003. 2 For the reasons stated in this opinion, after a careful review of the master's report, the record, and the briefs submitted by counsel, the exceptions to the report will be dismissed. STATEMENT OF FACTS Based upon the evidence presented at the master's hearing, the facts of the present case may be summarized as follows: The parties were married on October 27, 1963.6 They lived together as husband and wife for thirty-nine years until their . During this time, Husband's mother, Vernon separation on October 31, 20027 Hoffman, made regular and substantial gifts of money to the parties from a certain testamentary trust created by her late husband.8 This trust, designated as Trust A, was unrestricted as to withdrawals, and had been depleted as of August, 2002.9 Wife filed a complaint for spousal support on September 23, 2002.10 At the time of the writing of this opinion, Wife and Husband are both sixty- two years of age." The Wife is in poor health and has undergone numerous surgeries in recent years. 12 As a result of those surgeries, she has significant mobility problems, 13 is on prescription pain medication., 14 and is unable to work.'5 The Husband's health is also failing, although to a lesser degree. He experiences pain in his feet, knees, and back, 16 as well as hearing loss,17 and 5 Wife's Exceptions to March 21, 2003 Interim Order of Court, filed March 31, 2003. 6 Support Master's Hearing, March 18, 2003, at 5 (hereinafter MT.-). ' N.T. 5. s N.T. 52, 104. ' N.T. 104. 10 Wife's Complaint for Support, filed September 23, 2002. N.T. 5, 57. 12 N.T. 5. 13 N.T. 6; Support Master's Report and Recommendation at 2, filed March 21, 2003. 14 N.T. 6-7. 15 Support Master's Report and Recommendation at 2, filed March 21, 2003. 16 N.T. 70. 3 suffers from an undiagnosed intestinal problem.'8 As a result of these ailments, Husband is able to work only part-time, approximately twenty hours per week. 19 Husband has a high school diploma and one year of post-secondary education. 20 He worked for a company called P.R. Hoffman for thirty-one years '21 first as a journeyman machinist apprentice, later as a journeyman machinist, and finally as a manufacturing engineer. 22 Husband's salary at the time he was laid off in 1991 was $25,000.00 per annum. 23 Husband has a vested pension with the successor corporation to P.R. Hoffman. 24 Husband has not been gainfully employed since being laid off.25 Michael Heit, an expert in vocational evaluation, testified before the master that Husband was physically able to work approximately four hours per day at a probable wage of $6.00 to $7.50 per hour. 26 This testimony was credited by the master, who utilized the average of the wage range testified to by the expert in assessing Husband's earning capacity. 27 Husband is currently residing in the home of his elderly mother, Vernon Hoffman, along with the only child of the parties' marriage, Kimberly H. Colton, who is approximately 34 years old as of the writing of this opinion. 28 The Husband 17 N.T. 108; Support Master's Report and Recommendation at 3, filed March 21, 2003. 18 N.T. 108; Support Master's Report and Recommendation at 3, filed March 21, 2003. 19 N.T. 141; Support Master's Report and Recommendation at 3, riled March 21, 2003. 20 N.T. 57. 21 N.T. 57-58. 22 N.T. 149-51. 23 N.T. 59. 24 N.T. 67-68; Support Master's Report and Recommendation at 4, filed March 21, 2003; Defendant's Exhibit 3, Master's Hearing., March 18, 2003 (hereinafter Plaintiff s/Defendant's Exhibit _). 2s N.T. 58-59. 2e N.T. 141. 27 Support Master's Report and Recommendation at 5, filed March 21, 2003. "N.T. 107. 4 does not pay rent to his mother, 29 but assists her with daily household chores, such as preparing meals,30 maintaining the property,31 . and driving her to and from appointments. 32 These services are performed without monetary compensation. 33 In the past, Vernon Hoffman had retained the services of a housekeeper and care- giver. 34 The Husband's only source of revenue in 2002 was dividend income totaling $824.00.35 According to the Social Security .Administration, Husband is entitled to apply for and receive early retirement social security benefits of $1,005.00 per month as of his present age of 62,36 and will be eligible for a full benefit of $1,304.00 per month at age 65.37 As noted, Husband also has a vested pension, not presently in pay-out status, with the successor corporation to his former employer. 38 The support master concluded that Husband had a gross monthly income/ earning capacity of $654.00, and a net monthly income/earning capacity of $578.00.39 An application of Pennsylvania Rule of Civil Procedure 1910.16-4 (Part IV [Spousal Support or APL]) to the net monthly income figure would have produced a monthly spousal support award of $231.20. However, the master 29 N.T. 97; Support Master's Report and Recommendation at 3, filed March 21, 2003. 3o N.T. 45-46, 95; Support Master's Report and Recommendation at 3, filed March 21, 2003 ' N.T. 49-50,95. 32 N.T. 115; Support Master's Report and Recommendation at 3, filed March 21, 2003. 33 N.T. 49 34 N.T. 46-48. 35 Support Master's Report and Recommendation at 3, filed March 21, 2003; Defendant's Exhibit 12. 36 N.T. 82; Support Master's Report and Recommendation at 4, filed March 21, 2003; Defendant's Exhibit 2. 37 Defendant's Exhibit 2. 38 N.T. 67-68; Support Master's Report and Recommendation at 4, filed March 21, 2003; Defendant's Exhibit 3. 39 Support Master's Report and Recommendation at 5, filed March 21, 2003. 5 applied Pennsylvania Rule of Civil Procedure 1910.16-2(e)(1)(B), which states that the presumptively correct amount of support should not reduce the obligor's net monthly income below $550.00 per month 40 Accordingly, the support master made a recommendation for $28.00 per month .41 The support master did not recommend a deviation from the guidelines.42 In Wife's brief in support of her exceptions to the master's report, she argues that the Husband's gross monthly earning capacity is not $653.67, as determined by the master, 43 but rather should be calculated as follows: early retirement social security benefits not in pay-out status ($1,005.00), plus pension benefits not in pay-out status ($552.07), plus 20 hrs/wk employment at $6.75 per hour ($585.00), plus the value of care-giving ($3,300.00) and housekeeping ($346.00) services provided to his mother, plus dividend income ($69.00), for a total of $5,857.00.44 DISCUSSION Statement of Law Review of exceptions to support master's report. On a review of a support master's report, a trial court is to employ the same standard of review as is applicable to a divorce master's report. Goodman v. Goodman, 375 Pa. Super. 504, 507, 544 A.2d 1033, 1035 (1988). The report should be accorded the "fullest consideration," particularly with respect to the credibility of witnesses. Id. However, the report is advisory only, and, when exceptions are filed, the court 40 Support Master's Report and Recommendation at 5, filed March 21, 2003 41 Support Master's Report and Recommendation at 5, filed March 21, 2003. 42 See generally Support Master's Report and Recommendation, filed March 21, 2003 43 Gross monthly earnings from twenty hours of work per week at the average of the salary range as testified to by Husband's witness (see supra note 26 and accompanying text) in addition to the monthly dividend return of $69.00, totaling a net monthly income/earning capacity of $578.00, after tax deductions, as reflected in Exhibit A attached to the Master's Report and Recommendation, filed March 21, 2003. 44 Wife's Brief in Support of Exceptions to Master's Report and Recommendation at 4-6 6 must conduct its own review of the evidence to determine whether the master's recommendations to which exceptions are taken are proper. Id.; Gomez v. Gomez, 11 Phila. Co. Rptr. 211, 226-27 (1984). With respect to issues raised by exceptions filed by a party to a master's report, "[i]t is the sole province and the responsibility of the [trial] court to set an award of support, however much it may choose to utilize a master's report." Goodman, 375 Pa. Super. at 507-08, 544 A.2d at 1035. Spousal support. As a general rule, married persons are liable for the support of each other according to their respective abilities to provide support. Act of Oct. 30, 1985, P.L. 264, §1, as amended 23 Pa. C.S.A. §4321(1). In determining a party's ability to pay a support obligation, a court should focus upon the party's earning capacity, not his or her actual earnings. Mooney v. Doubt, 2001 PA Super. 12, ¶ 6, 766 A.2d 1271, 1273 (2001). Earning capacity is not the amount a party could theoretically earn, but what the party could realistically earn under the circumstances, considering his or her age, health, physical and mental condition, and training. Riley v. Foley, 2001 PA Super. 266, ¶ 5, 783 A.2d 807, 811 (2001). Social security and pension benefits. The Pennsylvania Legislature has provided that social security and pension benefits are to be included in a determination of a party's ability to support a spouse or minor child. Act of Oct. 30, 1985, P.L. 264, §1, as amended 23 Pa. C.S.A. §4302. This court, however, has found no cases in Pennsylvania, or any other jurisdiction, that have imputed to a party, on a theory of constructive receipt, early-retirement social security or pension benefits which are not in pay-out status for purposes of a support calculation. Neither party's counsel was able to cite precedent to that effect.as 45 The Pennsylvania Superior Court in Portugal v. Portugal, 2002 PA Super. 132, 798 A.2d 246 (2002), on review of a support order on appeal, and after considering the Rule of Civil Procedure pertaining to deviation from the support guidelines (Pa. R.C.P. 1910.16-5), as well as authority from other jurisdictions, held that non-voluntary retirement payments were to be excluded from a net monthly income calculation. 2002 PA Super. at $ 18, 798 A.2d at 252. However, the Court held that voluntary contributions to a 401K plan, as well as any accessible matching funds provided by an employer, regardless of penalty, were to be included in a monthly net income 7 Deviation from guidelines. A party's spousal support obligation is to be calculated in the first instance in accordance with guidelines provided in the Pennsylvania Rules of Civil Procedure. See Pa. R.C.P. 1910.16-1(b). Where such an obligation exists, the amount calculated in accordance with the guidelines is presumptively correct. MiddletonlDPW v. Robinson, 1999 PA Super. 70, ¶ 12,728 A.2d 368, 373 (1999); Pa. R.C.P. 1910.16-1(d). "In computing a basic spousal support or alimony pendente lite obligation, the presumptively correct amount of support shall not reduce the obligor's net income below $550.00 per month." Pa. R.C.P. 1910.16-2(e)(1)(B). The court may, however, deviate from the guidelines. See Pa. R.C.P. 1910.16-5; see also Landis v. Landis, 691 A.2d 939, 943 (Pa. Super. Ct. 1997) (stating that "once the court has properly consulted the guidelines to arrive at an award the court has the discretion to deviate from that figure provided adequate reasons for the deviation are provided"). In deciding whether to deviate from the amount of support determined by the guidelines, a court is to consider: (1) unusual needs and unusual fixed obligations; (2) other support obligations of the parties; (3) other income in the household; (4) ages of the children; (5) assets of the parties; (6) medical expenses not covered by insurance; (7) standard of living of the parties and their children; figure. 2002 PA Super. 123, 798 A.2d at 253. There is ample logical support for this holding because these voluntary contributions to a 401K, as well as any accessible matching funds, are a form of deferred income which, but for the voluntary investment, would otherwise have been income available for support at the time of the calculation. The Pennsylvania Superior Court in MacKinley v. Messerschmidt, 2002 PA Super. 361, ¶ 11, 814 A.2d 680, 683 (2002), determined that stock options, once becoming vested (which were a part of the employee's contractual compensation package), should be included in the support calculation. Neither of the issues adjudicated in Portugal, supra, or Messerschmidt, supra, is identical to that presented in this case. 8 (8) in a spousal support or alimony pendente lite case, the period of time during which the parties lived together from the date of marriage to the date of final separation; and (9) other relevant and appropriate factors., including the best interests of the child or children. Pa. R.C.P. 1910.16-5(b). Services between children and parents. It has long been the law in Pennsylvania that services rendered between children and their parents are presumptively gratuitous. Brown v. McCurdy, 278 Pa. 19, 22, 122 A. 169, 170 (1923); Mitchell v. Moore, 1999 PA Super. 77, ¶ 10, 729 A.2d 1200, 1204 (1999). To rebut this presumption, proof of an express contract must be clearly shown. Brown v. McCurdy, 278 Pa. at 22, 122 A. at 170. Application of Law to Facts Social security and pension benefits. As noted previously, Pennsylvania does not appear to have adopted a policy whereby an obligor or obligee in a support case will be deemed to have elected early-retirement social security or pension benefits not in pay-out status at the time of the support calculation. The practical effect of such a policy would be to compel such elections in many cases for reasons unrelated to the usual individual considerations, such as anticipated longevity, current financial needs, and so forth. A change which would affect obligors and obligees in support cases to this significant degree is, in the court's view, better promulgated by an amendment to the state-wide Rules of Civil Procedure, or by the holding of an appellate court, than by the holding of a common pleas court in a single case presenting, as here, somewhat unusual circumstances. Care-giving and housekeeping. Wife argues that since Husband is currently living with his elderly mother, who had in the past retained a housekeeper and caregiver, and now performs some of the same services for his mother, the court 9 should impute to him income in the amounts previously paid for those services. 46 This argument is not persuasive. As noted previously, services provided by a child to a parent are presumptively gratuitous and a clear showing of an express contract is needed to rebut the presumption. Brown v. McCurdy, supra; Mitchell v. Moore, supra. In this case, it is not suggested, nor is there any testimony or other evidence tending to show, that any such express contract existed, or currently exists, between Husband and his mother. Since an express contract has not been shown by clear evidence, the services provided by Husband to his mother are to be considered gratuitous, and the court will not impute to Husband compensation for the various tasks he performs for his mother. Deviation from guidelines. While the guidelines are presumptively correct, a court may deviate from the guidelines on a case-by-case basis if the particular circumstances warrant it. See Pa. R.C.P. 1910.16-5(b); see also Landis v. Landis, supra. Utilizing the Husband's earning capacity, dividend income, and the $550.00 minimum retained monthly income provision (Pa. R.C.P. 1910.16- 2(e)(1)(B)), the master recommended a monthly spousal award of $28.00.47 In the present case, because of the strong presumption of appropriateness afforded to a support figure arrived at by applying the guidelines, and the extant circumstances, including the poor health of both parties and Husband's assistance to an elderly parent, the court finds itself in agreement with the recommendation that a deviation should not be ordered. For the foregoing reasons, the following order will be entered: 46 Wife's Brief in Support of Exceptions to Master's Report and Recommendation at 4-6. 47 Support Master's Report and Recommendation at 5, filed March 31, 2003 10 ORDER OF COURT AND NOW, this 2"d day of July, 2003, upon consideration of Plaintiff's exceptions to the support master's report, and for the reasons stated in the accompanying opinion, the exceptions are dismissed and the Interim Order of Court dated March 21, 2003, is entered as a permanent order. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Michael R. Rundle, Esq. Support Master Jacqueline M. Verney, Esq. 44 S. Hanover St. Carlisle, PA 17013 Attorney for Barbara D. Hoffman Thomas J. Williams, Esq. Martson Deardorff Williams & Otto 10 East High St. Carlisle, PA 17013 Attorney for Philip V. Hoffinan 11 PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 02-5292 : CIVIL ACTION-LAW BARBARA D. HOFFMAN, IN DIVORCE Defendant WITHDRAW AND NOW, comes Petitioner, Jacqueline M. Verney, Esquire and represents the following in support of her Petition for Leave to Withdraw: Petitioner, Jacqueline M. Verney, Esquire its the attorney of record for Defendant, Barbara D. Hoffman, with regard to the above captioned matter. 2. Defendant has notified Petitioner that she is dissatisfied with Petitioner's services. Petitioner believes Defendant wishes to terminate Petitioner's services. However Defendant has refused to sign a consent to withdraw. 3. Several attempts have been made to communicate with the defendant concerning the matters pending in the above captioned matter. Defendant refuses to communicate with Petitioner. 4. Without communicating with Defendant, Petitioner is unable to adequately represent Defendant. 5. Defendant has failed to fulfill her obligation to the Petitioner regarding Petitioner's services. Defendant has not made payment on her outstanding bill since March 15, 2003. At that time only a partial payment was made. 6. Continued representation will result in an unreasonable financial burden on Petitioner. Plaintiff's counsel, Thomas J. Williams, Esquire indicates that he neither opposes nor is in favor of said petition. WHEREFORE, Petitioner, Jacqueline M. Verney, Esquire requests this Honorable Court grant Petitioner Leave to Withdraw her .Appearance on behalf of Barbara D. Hoffman, in the above captioned matter. Respectfully submitted, • I?.t!n-?--e?c cqu ne M:. Verney, Esquire #23 7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for :Defendant VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. 4 Dated: 13 - 4 cqu ine ML Verney, Esquire CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing pleading was served upon the following on the date indicated by personal service or by postage prepaid, US Mail: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Barbara D. Hoffman, Defendant (Address withheld by request) Date: q"p 3 M cq line M. Verney, Es?ire # 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Counsel for Defendant p ?t tT rD a F:\FIMF ATAPILE\Gener 1l 1. nem WOI.5P&M C.az d: 11/3/03 1"PM Revised. 11/26/03 8:58AM PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent i 1.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION - LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND SCHEDULE HEARING TO ADJUDICATE CONTEMPT AND NOW, Plaintiff/Petitioner, Phillip V. Hoffman ("Husband"), by and through his attorneys, Martson Deardorff Williams & Otto, and files this Petition and avers as follows in support of his Petition: 1. The parties have been separated for over one (1) year. 2. Both parties have moved out of the marital residence at 195 Hickory Lane, Carlisle, Pennsylvania and neither have lived there for over one (1) year. 3. On the 6' day of November, 2002, the Court entered an Order enjoining the parties from removing any of the contents from the marital residence without further Order of Court. 4. On or about February 7, 2003, Husband filed a Petition for Contempt and to enforce Order, alleging that Defendant/Respondent ("Wife") had removed contents from the marital residence in direct violation of the Order of the Honorable Court. 5. On February 13, 2003, the Honorable Court issued a Rule to Show Cause with regard to said Petition which is attached hereto and marked as Exhibit "A". 6. Respondent filed a timely Answer to said Petition, a copy of which is attached hereto and marked as Exhibit eB". 7. Subsequent to said Answer, and continuing in the present, Husband has learned that Wife has continued to remove contents from the marital residence in flagrant violation of the Court's Order. 8. For economic reasons, Husband has been reluctant to engage the Court's time and endured a steady stream of household content going missing; however, on October 28, 2003, Husband was alerted by neighbors that a truck was backed up to the marital residence and Wife was directing the removal of numerous items large and small. Exhibits C-1 and C-2 are photographs showing Wife and the truck on October 28, 2003 at the marital residence. I A' 1{' 9. Husband was advised, and therefore avers, that the truck delivered the illegally removed items to Wife's condo. Exhibit C-3 is a photograph showing the truck backing up to Wife's condo and furniture being removed. 10. A mortgage foreclosure action against Husband and Wife with regard to the marital residence has been commenced at 03-5073. The marital residence is on the Sheriff's sale list for December 10, 2003; consequently, it is necessary to remove the remaining contents of the marital residence prior to December 10, 2003. 11. Husband is willing to remove the remaining contents of the marital residence to a place of safekeeping and preserve them there pending a further Order of Court. WHEREFORE, Plaintiff/Petitioner, Phillip V. Hoffman, requests your Honorable Court to: Adjudge Defendant/Respondent, Barbara D. Hoffman, in contempt; Order and direct Defendant/Respondent, Barbara D. Hoffman, to return to a place of safekeeping designated byHusband all items which she removed, or caused to be removed therefrom and are still in her possession, and to provide an inventory of such items which she has already disposed, to include a description of the item, the date of disposition of each item, the identity of the person receiving each item and the amount, if any, of payment received for each item; 3. Authorize Plaintiff/Petitioner Philip V. Hoffman to remove any items remaining in the house to a place of safekeeping and to prepare an inventory of same; 4. Order and direct Defendant/Respondent, Barbara D. Hoffman, to reimburse Plaintiff/Petitioner, Phillip V. Hoffinan, for his counsel fees and expenses in enforcing the Order of this Court; 5. Such other and further relief as the Court shall deem just and proper under the circumstances. Date: November, 2003 MARTSON DEARDORLFF, WILLIAMS ,& OTTO By -rIUWA& '- A Thomas J. Will' s, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff/Petitioner MEW&00 N Afrvice • Anvnua TEN EAST HIGH STREET CARLISLE, PENNSnVANIA 17013 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent FF'9 1 1 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION-LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 17 kt^day of &§n!!!7;?, , 2003, upon consideration of the foregoing Petition For Contempt and to Enforce Order, a Rule is hereby issued on Defendant, Barbara D. Hoffman, to show cause if any there be, why the relief requested should not be granted. BY J. e'M;'4? Lot If , _/.. v? Gu a? y 2ck i EXHIBIT A 1. 111,1'S11 l.5ni cc[11e.P aIC'It IDUUI] III I-?-yep,tnp C-L"t 1119.02111: 5100 I'M N,tId 0_ n9'o]111 J 119 YN J]01 5 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION-LAW IN DIVORCE PETITION FOR CONTEMPT AND TO ENFORCE ORDER AND NOW, comes Plaintiff/Petitioner, Philip V. Hoffman, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Petition for Contempt and to Enforce Order as follows: 1. On November 6, 2002, the Court issued an Order enjoining both parties from removing contents of the marital residence at 195 Hickory Lane, Carlisle, Pennsylvania 17013 without agreement. A copy of said Order is attached hereto and marked Exhibit "A". 2. Subsequent to said Order, Respondent, Barbara D. Hoffman, removed household contents without notice or consent of Petitioner, Philip V. Hoffman, and at a time when Petitioner was not at home in direct violation of the aforesaid Order. 3. Respondent, Barbara D. Hoffman, relocated herself and the household contents to an undisclosed location. 4. Upon his return to the marital residence, Petitioner, Philip V. Hoffman, found numerous items missing from the martial residence. WHEREFORE, Petitioner prays your Honorable Court to: (a) Find Respondent, Barbara D. Hoffman, in contempt of the Order of November 6, 2002; (b) Order and direct Respondent, Barbara D. Hoffman, to forthwith return to the marital residence all of the items she removed from the marital residence following the Court's Order of November 6, 2002; (c) Reimburse Petitioner, Philip V. Hoffman, for his costs and expenses, including attorney's fees, to enforce the Court's Order; and (d) Such other and further relief as the Court shall deem just and proper under the circumstances. Respectfully Submitted, By MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williams, Esquire I. D. Number 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 7, 2003 Attorneys for Plaintiff i .. I . VERIFICATION Thomas J. Williams, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Philip V. Hoffman in the within action, certifies that the statements made in the foregoing Petition for Contempt and to Enforce Order are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. I Aa?l ?? Thomas J. WiTiiams, Esquire F:`. FI LES\DATAFI LE\GeMoc. vc\G ENMC02\0101-5-pe1.2 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- -5'9 q)-- CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE O A- D2& . rt7raul AND NOW, this C day of N , 2002, in consideration of the "foregoing Petition for Protective Order to Preserve Marital Property, in which both parties concur, both parties are enjoyed from removing household contents from the martial residence at 195 Hickory Lane, Carlisle, Pennsylvania, without agreement of both counsel pending further order of this Court. , J. Exhibit "A" ,. , % CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition For Contempt and to Enforce Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By (, 41 r e.e ' /y eiL` Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 7, 2003 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5292 : CIVIL ACTION-LAW : IN DIVORCE ANSWER TO RULE TO SHOW CAUSE TO PETITION FOR CONTEMPT AND TO ENFORCE ORDER AND NOW, comes Barbara D. Hoffman, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following in support of her Answer to Rule to Show Cause For Contempt and to Enforce Order. Admitted. Defendant admits an Order of Court was entered on November 6, 2002 enjoining the parties from removing household items from the marital home. By way of further answer Defendant does not recall exactly when she received the Order of Court but at the earliest it would have been received no sooner than November 9, 2002. Denied. Defendant is without sufficient knowledge to admit or deny this averment. By way of further response, Defendant removed several household items prior to the Order of Court of November 6, 2002. Thereafter, on a date that Defendant does not recall, removed two rifles, previously inherited from her grandfather. Defendant does not recall whether she removed the rifles prior to or subsequent to receipt of the Order of Court. By way of further answer, Defendant sold the rifles to obtain funds to pay for her health insurance. By way of further answer, the Order of Court dated November 6, 2002 did not apply to non-marital property. EXHIBIT B 3. Admitted. It is admitted that Defendant relocated herself and household items to an undisclosed location due to an existing PFA against Plaintiff. 4. Denied. Defendant is without sufficient knowledge of what Plaintiff discovered at the marital residence and strict proof thereof is demanded. WHEREFORE, Defendant requests that this Honorable Court: Deny Plaintiff's Petition for Contempt and to Enforce Order. 2. Deny Plaintiff s request to Order Defendant to return items she removed from the marital residence after November 6, 2002. 3. Deny Plaintiffs request for his costs, expenses and attorney's fees. Respectfully submitted, L ^c cq line M. Verney, Esquire #2316 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant VERIFICATION I verify that the facts included in the within Answer are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: 7-1() -0 3 AOL Barbara D. Roffman CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing Exceptions was served upon the following on the date indicated by the following means: United State First Class Mail Postage Prepaid Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Date: J ?l0 U O "l • U acq line M. Verney, Esquire #231 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant J, n ?'' C7 DC. .. .5 C?ct ,751 ?oGS EXHIBIT C-1 EXHIBIT C-2 r VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 2s hillip V. H! a i, • • t CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By a? Y Jody oor Ten stHigh Street Carlisle, PA 17013 (717) 243-3341 Dated: December 8, 2003 n c? rZ rr! ?l_j - •fri 7' C: F:\FILES\ ATA U\Gencrel\DOCUm U4301.5petMw C,Med: 119103 1 44PM Revised. 11I2N03 &.58AM PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent l •. ?`. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION - LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND SCHEDULE HEARING TO ADJUDICATE CONTEMPT AND NOW, Plaintiff/Petitioner, Phillip V. Hoffinan ("Husband"), by and through his attorneys, Martson Deardorff Williams & Otto, and files this Petition and avers as follows in support of his Petition: 1. The parties have been separated for over one (1) year. 2. Both parties have moved out of the marital residence at 195 Hickory Lane, Carlisle, Pennsylvania and neither have lived there for over one (1) year. 3. On the 6" day of November, 2002, the Court entered an Order enjoining the parties from removing any of the contents from the marital residence without further Order of Court. 4. On or about February 7, 2003, Husband filed a Petition for Contempt and to enforce Order, alleging that Defendant/Respondent ("Wife") had removed contents from the marital residence in direct violation of the Order of the Honorable Court. 5. On February 13, 2003, the Honorable Court issued a Rule to Show Cause with regard to said Petition which is attached hereto and marked as Exhibit "A". 6. Respondent filed a timely Answer to said Petition, a copy of which is attached hereto and marked as Exhibit "B". 7. Subsequent to said Answer, and continuing in the present, Husband has learned that Wife has continued to remove contents from the marital residence in flagrant violation ofthe Court's Order. 8. For economic reasons, Husband has been reluctant to engage the Court's time and endured a steady stream of household content going missing; however, on October 28, 2003, Husband was alerted by neighbors that a truck was backed up to the marital residence and Wife was directing the removal of numerous items large and small. Exhibits C-1 and C-2 are photographs showing Wife and the truck on October 28, 2003 at the marital residence. 1 ,, . ? I . 9. Husband was advised, and therefore avers, that the truck delivered the illegally removed items to Wife's condo. Exhibit C-3 is a photograph showing the truck backing up to Wife's condo and furniture being removed. 10. A mortgage foreclosure action against Husband and Wife with regard to the marital residence has been commenced at 03-5073. The marital residence is on the Sheriffs sale list for December 10, 2003; consequently, it is necessary to remove the remaining contents of the marital residence prior to December 10, 2003. IL Husband is willing to remove the remaining contents of the marital residence to a place of safekeeping and preserve them there pending a further Order of Court. WHEREFORE, Plaintiff/Petitioner, Phillip V. Hoffman, requests your Honorable Court to: 1. Adjudge Defendant/Respondent, Barbara D. Hoffman, in contempt; 2. Order and direct Defendant/Respondent, Barbara D. Hoffman, to return to a place of safekeeping designated by Husband all items which she removed, or caused to be removed therefrom and are still in her possession, and to provide an inventory of such items which she has already disposed, to include a description of the item, the date of disposition of each item, the identity of the person receiving each item and the amount, if any, of payment received for each item; 3. Authorize Plaintiff/Petitioner Philip V. Hoffman to remove any items remaining in the house to a place of safekeeping and to prepare an inventory of same; 4. Order and direct Defendant/Respondent, Barbara D. Hoffman, to reimburse Plaintiff/Petitioner, Phillip V. Hoffman, for his counsel fees and expenses in enforcing the Order of this Court; 5. Such other and further relief as the Court shall deem just and proper under the circumstances. Date: NovemberZ4 2003 MARTSON DEARDORFF WILLIAMS & OTTO By ?/v Thomas J. Will' s, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff/Petitioner MD%60 Meoiumnoa- AuvIcl•Arn,x 11 TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent FF9 1 1 200' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION-LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this I3 day of FA^L- . , 2003, upon consideration of the foregoing Petition For Contempt and to Enforce Order, a Rule is hereby issued on Defendant, Barbara D. Hoffman, to show cause if any there be, why the relief requested should not be granted. BY TT LTRT J. EXHIBIT A I;11 J S¢AT,IFII GGmNO,-IAIN11PJIDL+ II-, C?<1i81. 11 19; V, N 51 UU PM1I N :aN. )7 1'0` I'M I;ul i PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION-LAW IN DIVORCE PETITION FOR CONTEMPT AND TO ENFORCE ORDER AND NOW, comes Plaintiff/Petitioner, Philip V. Hoffman, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Petition for Contempt and to Enforce Order as follows: 1. On November 6, 2002, the Court issued an Order enjoining both parties from removing contents of the marital residence at 195 Hickory Lane, Carlisle, Pennsylvania 17013 without agreement. A copy of said Order is attached hereto and marked Exhibit "A". 2. Subsequent to said Order, Respondent, Barbara D. Hoffman, removed household contents without notice or consent of Petitioner, Philip V. Hoffman, and at a time when Petitioner was not at home in direct violation of the aforesaid Order. 3. Respondent, Barbara D. Hoffman, relocated herself and the household contents to an undisclosed location. 4. Upon his return to the marital residence, Petitioner, Philip V. Hoffman, found numerous items missing from the martial residence. WHEREFORE, Petitioner prays your Honorable Court to: (a) Find Respondent, Barbara D. Hoffman, in contempt of th_ Order of November 6, 2002; (b) Order and direct Respondent, Barbara D. Hoffman, to forthwith return to the marital residence all of the items she removed from the marital residence following the Court's Order of November 6, 2002; (c) Reimburse Petitioner, Philip V. Hoffman, for his costs and expenses, including attorney's fees, to enforce the Court's Order; and (d) Such other and further relief as the Court shall deem just and proper under the circumstances. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Thomas J. Williams, Esquire L D. Number 174,12 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 7, 2003 Attorneys for Plaintiff VERIFICATION Thomas J. Williams, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Philip V. Hoffman in the within action, certifies that the statements made in the foregoing Petition for Contempt and to Enforce Order are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. / Thomas J. sn W` Thom Yi iai/mss,, Esquire FdFI LESS DATAFILE\Gendoc arOGENDOCOP4301-5-p t2 f PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- -5',- .2- CIVIL ACTION- LAW Defendant/Respondent IN DIVORCE pA. Dew . AND NOW, this 6la y of k) 2002, in consideration of the foregoing Petition for Protective Order to Preserve Marital Property, in which both parties concur, both parties are enjoyed from removing household contents from the martial residence at 195 Hickory Lane, Carlisle, Pennsylvania, without agreement of both counsel pending further order of this Court. BY , J. h, Exhibit "A" CERTIFICATE OF SERVICE 1, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition For Contempt and to Enforce Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 7, 2003 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5292 : CIVIL ACTION-LAW IN DIVORCE ANSWER TO RULE TO SHOW CAUSE TO PETITION FOR CONTEMPT AND TO ENFORCE ORDER AND NOW, comes Barbara D. Hoffinan, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following in support of her Answer to Rule to Show Cause For Contempt and to Enforce Order. Admitted. Defendant admits an Order of Court was entered on November 6, 2002 enjoining the parties from removing household items from the marital home. By way of further answer Defendant does not recall exactly when she received the Order of Court but at the earliest it would have been received no sooner than November 9, 2002. 2. Denied. Defendant is without sufficient knowledge to admit or deny this averment. By way of further response, Defendant removed several household items prior to the Order of Court of November 6, 2002. Thereafter, on a date that Defendant does not recall, removed two rifles, previously inherited from her grandfather. Defendant does not recall whether she removed the rifles prior to or subsequent to receipt of the Order of Court. By way of further answer, Defendant sold the rifles to obtain funds to pay for her health insurance. By way of further answer, the Order of Court dated November 6, 2002 did not apply to non-marital property. EXHIBIT B Admitted. It is admitted that Defendant relocated herself and household items to an undisclosed location due to an existing PFA against Plaintiff. 4. Denied. Defendant is without sufficient knowledge of what Plaintiff discovered at the marital residence and strict proof thereof is demanded. WHEREFORE, Defendant requests that this Honorable Court: Deny Plaintiff's Petition for Contempt and to Enforce Order. 2. Deny Plaintiff's request to Order Defendant to return items she removed from the marital residence after November 6, 2002. 3. Deny Plaintiff's request for his costs, expenses and attorney's fees. Respectfully submitted, cq line M. Verney, Esquire #2316 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant VERIFICATION I verify that the facts included in the within Answer are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn falsification to authorities. Dated: ? - / - p 3 ,? , / / J Barbara D. offman CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing Exceptions was served upon the following on the date indicated by the following means: United State First Class Mail Postage Prepaid Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Date: 3 l) ?' acq IineM. Esquire #2316 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant ? ?, o ?__ ? -„ ?;r„_ ?^ ?' o _' ?t? {li ' D C :..? .. "i L j? -_ . (T =G EXHIBIT C-1 EXHIBIT C-2 EXHIBIT C-3 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties s_ hillip V. ike-11 CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO ByJody oo?r Ten st a High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 8, 2003 i _i "J S7 F:\FILES\?ATAFILE\Gea atMoe.r \4301.5rrd\.i . Created 11/3/03 1:44PM Revised. 11/26103 9:00AM r. r U"AJ I U LUUJ PHILIP V. HOFFMAN, Plaintiff/Petitioner v. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this" day of ?', 2003, upon consideration of the foregoing Petition to Make Rule Absolute, and a hearing to adjudicate contempt, a hearing is hereby scheduled for the ay ofd, 2003, in Courtroom $Obeginning at 'TA o'clock/ .m., of the Cumberland County Courthouse. Plaintiff/Petitioner Philip V. Hoffinan is hereby authorized to remove, or cause to be removed, any household contents remaining in the 195 Hickory Lane, Carlisle (Middlesex Township), Pennsylvania, to a place of safekeeping and preserve them there pending further order of court, provided that he prepares a complete inventory of same. THF. r?* G , J. T' "?C9t„ i?3 r„ ;ui;;;c, E?u? PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5292 BARBARA D. HOFFMAN, ;CIVIL ACTION-LAW Defendant : IN DIVORCE LEAVE TO WITHDRAW AND NOW, comes Petitioner, Jacqueline M. Verney, Esquire and represents the following in support of her Amended Petition for Leave to Withdraw: Petitioner, Jacqueline M. Verney, Esquire filed a Petition for Leave to Withdraw as Counsel. 2. Subsequent to filing said Petition, Defendant executed a Consent to Withdraw. Said Consent is attached hereto as Exhibit A. WHEREFORE, Petitioner, Jacqueline M. Verney, Esquire requests this Honorable Court grant Petitioner Leave to Withdraw her Appearance on behalf of Barbara D. Hoffman, in the above captioned matter. Respectfully submitted, acq line M. Verney, Esquire #a 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant V PHILIP V. HOFFMAN, Plaintiff V. BARBARA D. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5292 : CIVIL ACTION-LAW IN DIVORCE ORDER ALOWING WITHDRAWAL OF COUNSEL AND NOW, this / I ** day of '003, upon consideration of the Petition of Defendant, Barbara D. Hoffman's counsel of record for Leave to Withdraw, it is hereby ORDERED AND DECREED that said Petition is 1 GRANTED and that Petitioner, Jacqueline M. Verney, Esquire, be permitted to Withdraw her Appearance of Record for Defendant, Barbara D. Hoffman. in the above- referenced matter. J. ccvJ'acqueline M. Verney, Esquire vBarbara D. Hoffman Xhomas J. Williams, Esquire .0 ??n??????s???d ? ? ,?,?? ?? PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5292 BARBARA D. HOFFMAN, :CIVIL ACTION-LAW Defendant : IN DIVORCE LEAVE TO WITHDRAW AND NOW, comes Petitioner, Jacqueline M. Verney, Esquire and represents the following in support of her Amended Petition for Leave to Withdraw: Petitioner, Jacqueline M. Verney, Esquire filed a Petition for Leave to Withdraw as Counsel. 2. Subsequent to filing said Petition, Defendant executed a Consent to Withdraw. Said Consent is attached hereto as Exhibit A. WHEREFORE, Petitioner, Jacqueline M. Verney, Esquire requests this Honorable Court grant Petitioner Leave to Withdraw her Appearance on behalf of Barbara D. Hoffman, in the above captioned matter. Respectfully submitted, 0acq e N( acq line M. Verney, Esquire # 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION : NO. 2002-5292 CIVIL TERM BARBARA D. HOFFMAN, Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw my appearance in the above-captioned matter. acq Feline M. Verney, Esquir #23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant CONSENT TO WITHDRAW APPEARANCE To the Prothonotary: I consent to the withdrawal of appearance of my attorney. Barbara D. Hof man, Def ant tx ?? VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn falsification to authorities. Dated: is - //`G J qu e M. Verney, Esquire CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing pleading was served upon the following on the date indicated by personal service or by postage prepaid, US Mail: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Barbara D. Hoffman, Defendant (Address withheld by request) Date: l? 'l I C 3 J / cq line M. Verney, Esquire #231 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Counsel for Defendant 0 O O C7 W T - O I ocki _ r ?- 2f Y E3 - C- K CA PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION : NO. 2002-5292 CIVIL TERM BARBARA D. HOFFMAN, Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: AND NOW, this day of December, 2003, please withdraw my appearance in the above-captioned matter. A true and correct copy of the Order Allowing Withdrawal of Counsel is attached hereto, incorporated herein by reference and marked as Exhibit «A„ k V R- -- acq line M. 'Verney, Esquire 4231 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant PHILIP V. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA D. HOFFMAN, Defendant : NO. 02-5292 : CIVIL ACTION-LAW IN DIVORCE ORDER ALP OWING WITHDRAWAL OF COUNSEL AND NOW, this day of 7A___ A `"' r . -1003, upon consideration of the Petition of Defendant, Barbara D. Hoffman's counsel of record for ?,,,..,1 ,iC?'y?.^,., tl..?' w M.?...f++l ?i,f,?.,? Ns Isu.? /.;,t?,? ..-d Leave to Withdraw, it is hereby ORDERED AND DECREED that said Petition is 00"Aj_0 GRANTED and that Petitioner, Jacqueline M. Verney, Esquire, be permitted to Withdraw her Appearance of Record for Defendant, Barbara D. Hoffman. in the above- referenced matter. BY-,TITE COU J. cc: Jacqueline M. Verney, Esquire Barbara D. Hoffman Thomas J. Williams, Esquire ?X un ?? L{ PHILIP V. HOFFMAN, Plaintiff V. BARBARA D. HOFFMAN, Defendant IN THE COURT OF CCNINION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5292 : CIVIL ACTION-LAW IN DIVORCE ORDER ALOWING WITHDRAWAL OF COL-NSEL AND NOW, this day of Tjs_le - . 1-003, upon consideration of the Petition of Defendant, Barbara D. Hoffman's coun_eI of record for Leave to Withdraw, it is hereby ORDERED AND DECREED that said Petition is GRANTED and that Petitioner, Jacqueline M. Verney, Esquire, be permitted to Withdraw her Appearance of Record for Defendant, Barbara D. Hoffman. in the above- referenced matter. J. cc: Jacqueline M. Verney, Esquire Barbara D. Hoffman Thomas J. Williams, Esquire CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing pleading was served upon the following on the date indicated by personal service or by postage prepaid, US Mail: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Barbara D. Hoffman, Defendant (Address withheld by request) Date: U-IX-03 l? ?acq line M. Verney, Esquire #231 7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Counsel for Defendant 71 ' Q r R r, fTi n n1T c n ' - c 3rn PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-5292 CIVIL TERM BARBARA D. HOFFMAN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 22nd day of December, 2003, it appearing to the Court that the Defendant is now represented by Karl Rominger, Esquire, this matter is continued until Friday, January 16, 2004, at 1:00 p.m., to allow for his appearance. We have confirmed the dates with Mr. Rominger's secretary, as well as with Mr. Williams. No request for continuance will be granted unless made by petition filed by close of business on December 26, 2003. Thomas J. Williams, Esquire Karl E. Rominger, Esquire Barbara D. Hoffman 4 /,2 /:j';1/6 3 srs By the Court, ?., , t„ . . ?„ ?, i?!rl? "! ;Z L,?'?J ZZ ??? Elul i 1111.1(; JGi-I10'd ??I1 ?0 ?.^i 1;0-Q?ll? PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5292 CIVIL TERM IN RE: STIPULATION Proceedings held before the HONORABLE EDWARD E. GUIDO, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on January 16, 2004, in courtroom Number Two. APPEARANCES: THOMAS J. WILLIAMS, Esquire For the Plaintiff/Petitioner KARL E. ROMINGER, Esquire For the Defendant/Respondent 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 January 16, 2004, 1:23 p.m. Carlisle, Pennsylvania MR. WILLIAMS: Good morning, Your Honor. THE COURT: Good afternoon. MR. WILLIAMS: Good afternoon. This is the time and place set for the hearing on the petition for contempt filed by husband. I would like to note for the record the presence of both parties together with their counsel. Your Honor, in discussing this with the attorney for the wife prior to coming in here today, he indicates that his client is willing to plead guilty to the charge of contempt, and we have worked out the appropriate order to be entered by the Court. MR. ROMINGER: Your Honor, that's correct. Let me note for the record that I am entering my appearance specially today for this contempt proceeding. Miss Hoffman and I have not yet determined whether or not I will continue to represent her through the course of the divorce or not. But I have worked with her on this issue, and that is correct, we do have terms, and they would be as follows. She's going to admit contempt. THE COURT: You say she is going to admit she violated our prior order? MR. ROMINGER: That's correct. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay. MR. ROMINGER: She is -- THE COURT: Is that correct, Mrs. Hoffman? MRS. HOFFMAN: Yes. But I did not know there was an order. Mrs. Verney never gave me one. THE COURT: In other words, there is no contempt. MR. ROMINGER: I think if testimony was provided it would show that she was not -- she believed she had a different interpretation of the order. THE COURT: That's not what she just said to me. MR. ROMINGER: You were aware that there was a court order, correct? MRS. HOFFMAN: Mrs. Verney told me that day that I was in court that the order that Mr. Williams had on me was dropped, was to try to get me -- I had moved out of the house on October the 30th. They had an order for November the 6th, and they were trying to say that that order applied to October the 30th, and that's what I understood that was for. THE COURT: Well, if she didn't know there was an order, she didn't violate anything. MR. WILLIAMS: If I could ask, Mrs. Hoffman, do you recall testifying in my office in a deposition? 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MRS. HOFFMAN: Yes. What I just said -- THE COURT: What is your resolution? Is there a resolution that can be made and defer an adjudication of contempt? MR. WILLIAMS: Yes, Your Honor. MR. ROMINGER: Let me rephrase it. We would agree to do the following in exchange for a deferment of an adjudication of contempt and come back on the issue of contempt if the following requirements weren't met. Number one, my client will provide a list of all the items she's removed from the house, along with the disposition of those items, whether she sold them, and if she sold them, for how much; if she gave them to anybody, who she gave them to; and if she retains possession of them, she'll so note. She'll further agree to refrain from estranging any of those items now in her possession on a continuing basis until further order of court or agreement of the parties. She'll further agree to pay any reasonable attorney fee required by necessity of this contempt action. Is there anything else? MR. WILLIAMS: I would like to have that read back to me, if I could. I'm not sure I got it all. MR. ROMINGER: And she'll provide those affidavits of those accountings in affidavit format, or 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 she'll swear to them, which I think was one of your -- MR. WILLIAMS: She was going to file an affidavit indicating under oath what she took from the house, what she still has and what she has disposed of. THE COURT: Hold on. Mrs. Hoffman, are you listening to this? MRS. HOFFMAN: Yes. I have it all in front of me right now. May I say something? THE COURT: Just hang on a second. You listen to what the agreement is. If you tell me that you agree to that, I'm going to order that. If you don't do that, then you will be in contempt of this order. Do you understand that? MRS. HOFFMAN: Yes. THE COURT: Articulate it, what it is she is going to do, and I'll make that my order. MR. WILLIAMS: That she is going to file in this case and serve on me, as the attorney for her husband, an affidavit indicating an itemization of what she took from the house, broken down by what she still has, where it is and what she has disposed of since she took it. THE COURT: And to whom she disposed of it to. MR. WILLIAMS: And to whom she disposed it of, and if there is a price to indicate that. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Did you understand all of that? MRS. HOFFMAN: May I ask one question? Does that refer to when I moved out of the house October the 30th? MR. WILLIAMS: It's for everything that you took out of the house. THE COURT: From the date of my order. From the date of my prior order, is that correct, Mr. Williams? MRS. HOFFMAN: And that's November 6th? MR. WILLIAMS: November the 6th, right, 2002. THE COURT: 2002, right. So you understand and are you willing to do that? MRS. HOFFMAN: Yes. THE COURT: The next thing. MR. WILLIAMS: And to reimburse her husband for the cost of enforcing that order, the attorney's fees. THE COURT: To reimburse him for the costs incurred through today? MR. WILLIAMS: Correct. THE COURT: The reasonable costs. MR. ROMINGER: Reasonable. THE COURT: Do you agree to that? MRS. HOFFMAN: May I say one thing? THE COURT: Yes. MRS. HOFFMAN: He only gives me $38.00 a 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 month to live. I have no income, and I had to sell those things in order to survive. I've lost my health insurance, everything. So how am I going to pay him? THE COURT: That doesn't sound like we have an agreement, gentlemen. MR. ROMINGER: Well, I think you're agreeing to pay it, but if you're not able and they come back and say you haven't paid, then the Judge will make a determination of whether you're simply not paying him or you're simply not able, and I think that will be the difference. THE COURT: That is agreeable? MR. WILLIAMS: That's agreeable. THE COURT: Okay. And that's the conditions? MR. WILLIAMS: Right. THE COURT: And now by agreement of the parties, the petition to adjudicate the defendant in contempt is resolved in accordance with the stipulation placed on the record. Said stipulation is adopted as an order of this Court. Mrs. Hoffman shall comply with filing the affidavit within 20 days of today's date. Mr. Williams shall provide legal fees to her counsel within 10 days of today's date. Any objections thereto shall be made in writing to this Court within 20 days of today's date. Absent any objection, the fees will be deemed to be due. He is going to provide that to your counsel. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So you have got to get in touch with your counsel because you have only got 20 days from today's date to object. Do you understand that? MRS. HOFFMAN: Yes. THE COURT: That should then resolve it. (Whereupon, the proceedings were concluded at 1:33 p.m.) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Pamela R. Sheaffer Official Court Reporte ' ------------------------------ The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Edward E. Guido, J. Ninth Judicial District 9 „? ,.nom ? ?? ?) ,?,r;`, .,.i^?, ? ,,., t ?a,';l ,L ?? ,tip 1J PHILIP V. HOFFMAN, Plaintiff V. BARBARA L. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5292 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant in the above captioned matter. Date: August 6, 2004 Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant ?-? ;v ?_.> ?., - -: ?-> x ?, ? .-? _ ? ?'' 7. rig=] i 11 ?? (? ? (, . i ??? f ? ] l.. _??, ? ? ? -' ? , ?_.? C._ ' .?_ ? !.? .. ? -- C:r r„ _ ?..5 NFC?NAIAII? N.AIM1'i?3-rll?vl?:.ncl LEN FAST HIGH STULI CARLSLE, PENNSYLVANIA I /013 PHILIP V. HOFFMAN, Plaintiff/Petitioner V. BARBARA D. HOFFMAN, 1. 0 NOV 0 4 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- CIVIL ACTION-LAW Defendant/Respondent IN DIVORCE 0R,.D22. AND NOW, this day of N uy? 2002, in consideration of the foregoing Petition for Protective Order to Preserve Marital Property, inwhich both parties concur, both parties are enjoyed from removing household contents from the martial residence at 195 Hickory Lane, Carlisle, Pennsylvania, without agreement of both counsel pending further order of this Court. J. EXHIBIT "B" Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5292 BARBARA D. HOFFMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 1. 2002. 2. The marriage ofPlaintiff and Defendant is irretrievablybroken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Date:_ ,;Fd z*- L,- 2LIL - Philip . Hoffman, 96tiff iECFIVPF, MAR 0 2 eons MDWr Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PHILIP V. HOFFMAN, Plaintiff V. BARBARA D. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5292 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) 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 alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered bythe 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: /rzw all , J Philip V. Hoffman, P i iff 3ECEIVFC, MAR 0 2 2006 MDWr PHILIP V. HOFFMAN _ IN THE COURT OF CO'NLVON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. BARBARA D. HOFFMAN : Docket No. 02-5292 Defendant ; MOTION FOR APPOINTMENT OF MASTER PHILIP D. HOFFMAN (Plaintiff) (d@t), moves the court to appoint a master with respect to the following claims: () Divorce () Distribution of Property (} Annulment () Support Xx} Alimony fa Counsel Fees ?X) Alimony Pendente Lite t4 Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) rte) appeared in the actions (byh attorney, KARL ROMINGER , Esquire). (3) The Staturory ground (s) for divorce (is) (are) Irretrievable breakdown (4) Delete the inapplicable paragraph(s): a. 'I mill I tX b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: All (5) The action (involves) (dveamotimxe complex issues of law or fact (6) The hearing is expected to take 6 (hours g) (7) Additional information, if any, relevant to the motion: WIFE APPEARS TO BE MEMORY CHALLENGED Date: November 20, 2006 Attorney for (Plaintiff) (lam Print Attorney Name ......... Thomas J. Williams ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: J. ,J ' NOV 2S = PHILIP V. HOFFMAN Plaintiff Vs. BARBARA D. HOFFMAN : IN THE COURT OF CO:NLYION PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . Docket No. 02-5292 Defendant MOTION FOR APPOINTMENT OF MASTER PHILIP D. HOFFMAN (Plaintiff) ( udW), moves the court to appoint a master with respect to the following claims: () Divorce () Distribution of Property () Annulment () Support X39 Alimony tj Counsel Fees AX) Alimony Pendente Lite f4 Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) ou ) appeared in the action XpawzztW (bpff* attorney, KARL ROMINGER , Esquire). (3) The Staturory ground (s) for divorce (is) (are) Irretrievable breakdown (4) Delete the inapplicable paragraph(s): a. MIRMU cWKW3 W b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: All (5) The action (involves) (dommotiamakwo complex issues of law or fact (6) The hearing is expected to take 6 (hours)c (7) Additional information, if any, relevant to the motion: WIFE APPEARS TO BE MEMORY CHALLENGED //,,•• ,??//?? _? Date:_ November 20, 2006 1 f?V?+?%e+r•»^"-? Attorney for (Plaintiff) (llfmdat4 Print Attorney Name ......... Thomas J. Williams ORDER APPOINTING MASTER AND NOW, 7°ZIY? ?, 20 (o Esquire is appointed master with respect to the following claims: ^,n By the Court: J. ^r-x uI+j ? T. d ?.. , CIN N f.? Yr??w 09-20-`07 09:33 FROM-ROMIIGER & ASSOC 7172416878 T-712 P002/005 F-803 PHILIP V. HOFFMAN, Plaintiff V. BARBARA L. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5292 !: of i 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 1, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are male subject to the penalties of 18 Pa. C.S. § 4904, relating to unswotn falsification to authorities. / 104 Date: / c' 7 1- Philip V. Hoffman/P iff C3 ° (01) 5r "?i 09-20-'07 09:33 FROM-ROMIAUER & ASSOC 7172416878 T-712 P004/005 F-803 PHILIP V. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. BARBARA L. HOFFMAN, : NO. 02-5292 Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $ 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: / a J hilip V. Hoffman, hff rn M t' fa 710 ;?- c 09-20-'07 09:33 FROM-ROMINGER & ASSOC 7172416878 T-712 P003/005 F-803 PHILIP V. HOFFMAN, Plaintiff V. BARBARA L. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5292 AFFIDAVIT OF CO1Vr NT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 1, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit arc true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. &A L416 QK 14 4ft Date: / Q / 2 % 2-G? 7 Barbara L. oAnan/De endant <!' -V -q s? c.n 09-20-'07 09:33 FROM-ROMINGER & ASSOC 7172416878 T-712 P005/005 F-803 PHILIP V. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. BARBARA L. HOFFMAN, : NO. 02-5292 Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decrce is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: <el/ f 2 Z ?/° 'pis Barbara L. offinan, Defendant ° P r .a n "Val rn =- n rn:33 F .' V::A xr O ? CJ't PHILIP V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 5292 CIVIL BARBARA D. HOFFMAN, . Defendant IN DIVORCE THE MASTER: Today is Thursday, September 20, 2007. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Philip V. Hoffman, and his counsel Thomas J. Williams, and the Defendant, Barbara D. Hoffman, and her counsel Karl E. Rominger. This action was commenced by the filing of a complaint in divorce on November 1, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. With respect to grounds for divorce, the Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The complaint also raised a claim for indignities which will not need to be pursued since the parties are going to consent to the divorce. The complaint raised claims for equitable distribution, alimony, and counsel fees and expenses. Those claims were raised by the husband. On February 12, 2003, the wife filed an 1 answer and counterclaim and in her counterclaim raised claims for spousal support, alimony, alimony pendente lite, and counsel fees and expenses. After discussion with counsel with the Master, and counsel with their respective clients, we are going to place an agreement on the record which will be a partial resolution of this case, specifically with regard to the claim of equitable distribution. Counsel will elucidate in the agreement the terms of the equitable distribution settlement and will also address how we propose later to handle or bring back to the Master the claim for alimony. As indicated, the Master has been provided consent and waiver forms so that the divorce decree can be entered and the claim for alimony preserved on the divorce decree. The parties were married on October 27, 1963, and separated November 2, 2002. The parties are the natural parents of one child who is emancipated. The agreement that is going to be placed on the record in the presence of the parties with respect to the issues that will be addressed will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later this morning, review the draft, make any correction of 2 typographical errors as required, and then affix their signatures affirming the terms of settlement. However, if the parties do not sign affirming the terms of settlement, they are nevertheless bound by the agreement as stated on the record in their presence today. The Master will retain his appointment, although it is agreed that for purposes of resolving the equitable distribution and the divorce claim, those matters can proceed to final resolution. The retention by the Master of the file and continuing to maintain his appointment will be for the purpose of later on addressing the claim for alimony. It is noted that there is a claim for counsel fees, and if counsel wish to address that claim later, they can do so, or today they can simply agree that those claims filed by both parties will be withdrawn. Mr. Williams. MR. WILLIAMS: Thank you. We are dividing the parties' marital assets and marital debts here today by stipulation. With the assistance of the Divorce Master, I am going to state what I believe to be the agreement, and counsel for the wife can make any corrections he feels are necessary. 1. The marital assets fall into two main categories. One is the marital residence and the other is the contents of the marital residence. The marital residence was on four lots. One of them is now foreclosed. Husband pursued a quiet title action with regard to the other three lots and 3 was successful in doing that, incurring attorney fees of thirteen thousand and some dollars. Husband has also paid the taxes on the real estate, paid for a survey, has paid for the appraisal of the real estate. The appraisal which was done by Larry Footed of Diversified Appraisals, which copies have been provided to everyone, was done three years ago and he valued the lots as one was worth $57,000.00, the other was worth $47,000.00, and the third one was also worth $47,000.00. He testified at a deposition earlier this week that he would expect them to appreciate about 5% a year, over the three years since he has done the appraisal. As part of our agreed stipulation here today, title to the real estate; that is, of those three lots would go to wife, and husband will execute a quitclaim deed whenever requested to do so. He does, however, have some items of machinery that he inherited from his father many years ago that are not marital property but there is a garage on one of the lots and in that is a milling machine, a lathe, and a backhoe. They are not part of the real estate; they belong to the husband and he will remove them as soon as practical from that garage. 2. The personal property has essentially been already distributed to wife. Our estimate of the value of that is about $75,000.00 and that shall remain in the possession of wife. I understand that it is no longer available in any event, that the property has already been disposed of one way or another. 3. As far as the marital debts, there were some credit card bills of thirty thousand some dollars that husband has paid since the separation. He would be responsible for the credit card debts. 4. There are some unpaid taxes. There are some employee withholdings that are due to the IRS that were not paid and there is some sales tax to the Pennsylvania Department of Revenue that was not paid. These arise from a business called Kimberly's Bridal Salon that was owned by wife and operated mostly by her daughter, Kimberly, and those taxes are in the approximate amount of $125,000.00. Counsel for wife has indicated that he has been in contact with the taxing authorities and believes he can negotiate a compromise of those taxes. Husband will cooperate in whatever way he is asked to cooperate if needed for counsel for wife to, in fact, make those compromises. Those unpaid taxes, which are presently liens against the real estate that is going to wife, those taxes would be the sole obligation of wife to take care of as indicated. 4 5. We have agreed to defer the resolution of the alimony issue until husband's attorney has had an opportunity to resolve the amounts owing to the various taxing authorities that pertain to his client's business. The liens that are on the lots his client will have possession and control of, and can dispose of them however she wishes to dispose of them, husband cooperating as required. 6. There is a current order of spousal support in the amount $28.00 per month which was set three years ago or four years ago and husband has been paying that to wife. That was based upon the circumstances as they existed at that time. That was set up as spousal support. We are in agreement to convert that amount to alimony pendente lite and to have it continue pending final resolution of the remaining issue in the divorce case which is alimony.. 7. Husband withdraws his claim for counsel fees and expenses and wife does the same. THE MASTER: Mr. Rominger, have you heard the agreement? MR. ROMINGER: I have. THE MASTER: Do you want to make any comments or additions? MR. ROMINGER: It appears to be a correct recitation of our understanding. The only thing I would note is that wife did absorb some credit card debt out of the marriage herself which were the credit cards that were in her name. THE MASTER: Mr. Williams, do you want to go on the record with your client, ask that he has been present, that he has heard the agreement and understands. MR. WILLIAMS: Mr. Hoffman, you've been here 5 while I recited the stipulation to resolve basically all issues except for the alimony, which is going to be deferred. You and I have reviewed that prior to your coming into this hearing room today? MR. HOFFMAN: Yes. MR. WILLIAMS: And is that agreeable to you? MR. HOFFMAN: Yes, it is. MR. ROMINGER: Mrs. Hoffman, have you heard what Mr. Williams said today? MRS. HOFFMAN: Yes. MR. ROMINGER: Do you understand what he said today? MRS. HOFFMAN: Yes. MR. ROMINGER: And you understand that this is not giving up the alimony claim at this time, this is just about the equitable distribution of the property? MRS. HOFFMAN: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 6 myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: L W" Thomas J. lliams Attorney for Plaintiff /I--- Karl E. Rominger Attorney for Defendant DATE: I(eLO 107 Phili V. H n ???ZcG1 Barbara D. Ho man 7 f"^? 4? ?? h.--. `` ? r? ? n?R ?? ) W 1 ? r \.. .{ r+ F: \FI LES\Chents\4301 \4301.5. pra/tde Created: 11/20/02 09:24:16 AM Revised: 09/21/07 12:04:47 PM 4301.5 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PHILIP V. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA D. HOFFMAN, Defendant NO. 02-5292 CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via Acceptance of Service on November 6, 2002, as filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; September 20, 2007; by the Defendant; September 20, 2007. 4. Related claims pending: The issue of alimony is reserved in accordance with the stipulation of the parties entered at the Office of the Divorce Master, a copy of which is attached hereto. All other issues are resolved or waived. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 21, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 21, 2007. MARTSON LAW OFFICES By t_ Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September,:ZL, 2007 Attorneys for Plaintiff SID V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PHILIP V. HOFFMAN Plaintiff VERSUS BARBARA D. HOFFMAN Defendant No. 02-5292 DECREE IN DIVORCE o? rt AND NOW, IT IS ORDERED AND DECREED THAT PHILIP V. HOFFMAN , PLAINTIFF, AND BARBARA D. HOFFMAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The issue of alimony is reserved in accordance with the Stipulation of the parties entered at the Office of the D ce Master, a copy of which is attached hereto. All other is,-.Ws are resolved or waive BY ATT ST: J . FIR THONOTARY -P-?45?01 `?17 Z. t7 - -71 -,71