HomeMy WebLinkAbout02-5401DAVID G. HOOVER,
Plaintiff
MARY JANE HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 4o[
CIVIL ACTION - LAW
1N DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Courthouse,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FiND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
DAVID G. HOOVER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
V. :
:
MARY JANE HOOVER, :
Defendant :
NO. OoL - ,_~C7~O{
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes DAVID G. HOOVER, by and through his counsel, Killian &
Gephart, LLP, who represents as follows:
1. Plaintiff, DAVID G. HOOVER, is an adult individual, who curremly resides
at 9 Cindy Circle, Enola, Cumberland County, Pennsylvania 17025. His date of birth is
October 13, 1960; and his Social Security Number is 209-46-1281.
2. Defendant, MARY JANE HOOVER, is an adult individual who currently
resides at 9 Cindy Circle, Enola, Cumberland County, Pennsylvania 17025. Her date of
birth is February 6, 1959; and her Social Security Number is 185-52-1782.
3. Plaintiff avers that he has been a bonafide resident in the Commonwealth of
Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on January 6, 1985, in Lebanon,
Pennsylvania.
5. Plaintiff avers that there are three children of the parties under the age of 18:
LINDSEY M. HOOVER, date of birth June 28, 1985; TAYLOR A. HOOVER, date of
birth March 14, 1991; and COURTNEY L. HOOVER, date of birth September 6, 1993.
6. Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
7. There have been no other prior actions of divorce or annulment filed by either
of the parties hereto.
8. Plaintiff has been advised of the availability of counseling and that Plaintiff
has the right to request that the Court require the pan'les to participate in counseling.
9. The marriage is irretrievably broken.
WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce,
divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff
and Defendant.
Dated: November 6, 2002
Respectfully submitted,
I~LIAN ~ G~EPHART
t~ 18 Pine St/efft
P.O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney I.D. #53148
Attorneys for Plaintiff
VERIFICATION
I hereby verify that the statements of fact made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
Dated: November 6, 2002
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this _..~ 0~¢-day of 0(~~ ., 2002, by and
between DAVID G. HOOVER of 9 Cindy Circle, Enola, Cumberland County,
Pennsylvania 17025 (hereinafter referred to as "Husband"), and MARY JANE
HOOVER of 9 Cindy Circle, Enola, Cumberland County, Pennsylvania 17025,
(hereinafter referred to as "Wife"),
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on Janu~ 1985; and
WHEREAS, three children have been bom of this marriage: LINDSEY M.
HOOVER, bom on June 28, 1985; TAYLOR A. HOOVER, bom on March 14, 1991;
and COURTNEY L. HOOVER, born on September 6, 1993; and
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they intend to live separate and apart fi.om each other; and
NOW, THEREFORE, the parties intending to be legally bound hereby do
covenant and agree:
1. SEPARATION:. It shall be lawful for each party at all times hereafter to
live separate and apart from the other party at such place as he or she may from time to
time choose or deem fit. The foregoing provisions shall not be taken as an admission on
DATE 10/28/02
the part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart.
2. .INTERFERENCE: Each party shall be free from interference, authority,
and contact by the other, as fully as if he or she were single and unmarried except as may
be necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other, and each of the parties hereto completely
understand and agree that neither shall do or say anything to the children of the parties at
any time which might in any way influence the children adversely against the other party.
3. _.WIFE'S DEBTS: Wife represents and warrants to Husband that she will
not contract or incur any debt or liability for which Husband or his estate might be
responsible and shall indemnify and save harmless Husband from any and all claims Or
demands incurred by her.
4. !-IUSBAND'S DEBTS: Husband represents and warrants to Wife that he
will not contract or incur any debt or liability for which Wife or her estate might be
responsible and shall indemnify and save harmless Wife from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
5. MUTUAL RFLEASE: Subject to the provisions of this Agreement, each
party has released and discharged, and by this Agreement does for himself or herself and
DATE 10/28/02 2
his or her heirs, legal representatives, executors, administrators and assigns, release and
discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, which either of the parties ever had or now has against the
other, except any or all causes of action for termination of the marriage by divorce or
annulment and except for all causes of action for breach of any provisions of this
Agreement. Husband and Wife specifically release and waive any and all rights he or she
might have to raise claims under the Divorce Code of 1980 and any amendments thereto
including, but not limited to claims for equitable distribution of marital property, support,
alimony, alimony pendente lite, counsel fees or expenses. The parties agree that the
moving party in any divorce action which has been or which will be commenced shall
request the Court to incorporate, but not merge, this Agreement into any divorce decree.
If this Agreement is incorporated into a divorce decree, the parties shall have the right to
enforce this Agreement under the Divorce Code of 1980 and any amendments thereto in
addition to any remedies in law or equity and these enforcement rights are not waived or
released by any of the provisions of this Agreement. The fact that a party brings an action
to enforce the property agreement as incorporated in the divorce decree does not give
either party the right to raise other claims under the Divorce Code specifically waived and
released by this paragraph, and all rights and obligations of the parties arising out of the
marriage shall be determined by this Agreement.
DATE 10/28/02 3
6. ALIMONY SUPPORT AND MAINTENANCE: Both parties
acknowledge and agree that the provisions of this Agreement providing for equitable
distribution of marital property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satisfaction of any claims or demands that
either may now or hereafter have against the other for support, maintenance or alimony.
Husband and Wife further, voluntarily and intelligently, waive and relinquish any fight to
seek from the other any payment for spousal support, alimony, alimony pendente lite and
maintenance.
7. DIVISION OF PERSONAL PROPERTY: With the exception of those
items of personal property listed below, Wife waives all fight title and interest to the
contents of the marital residence. Husband agrees upon the signing of this Agreement to
transfer all right, title and interest to the following personal property to Wife:
(1) Kitchen TV;
(2) Living room TV;
(3)
(4)
Basement refrigerator;
Washer and dryer;
(5)
(6)
(7)
(8)
Lindsey's bedroom suit;
Stainless steel pots and pans;
KitchenAid mixer;
Hoover vacuum cleaner;
DATE 10/28/02 4
(9)
(lO)
(11)
(12)
(13)
(14)
Garage microwave;
TV cart;
Oak kitchen table;
Miscellaneous items t~om kitchen as follows:
· Two cutting boards;
· Strainer;
· One 13x9 baking dish;
· One mixing bowl;
· One set measuring cups;
· Crockpot;
· Corian baking dish with lid; and
· Glass bowl and platter.
Grandmother's desk;
Grandmother's rocker; and
Blue couch and chair.
8. DIVISION OF REAL PROPERTY:
A. Wife agrees to transfer all right, title and interest in and to the real
estate situated at 9 Cindy Circle, Enola, Cumberland County, Pennsylvania, now titled in
the name of Husband and Wife as tenants by the entireties, to Husband and agrees to
immediately execute now or in the future any and all deeds, documents, or papers
DATE 10/28/02 5
necessary to effect such transfer of title upon request. Wife further acknowledges that she
has no claim, right, interest, or title whatsoever in said property and further agrees never
to assert any claim to said property in the future. Husband agrees to be fully responsible
and to indemnify and hold Wife harmless from any and all liability for the mortgage on
the aforesaid premises with an approximate balance of $76,000, as well as the home
equity loan on the aforesaid premises with an approximate balance of $20,500. Within
120 days of the date of this Agreement, Husband shall take the necessary steps to
refinance both the mortgage and the home equity loan in order to remove Wife's name
from said debts. In the event that Husband is unable to refinance the aforesaid debts in
order to remove Wife's name within the specified 120-day period, the property shall be
listed for sale with a reputable real estate agent at a price to be determined by said real
estate agent.
B. Wife agrees to transfer all right, title and interest in and to the 40-
acre parcel of real estate located in Perry County which is currently held in .joint names,
to Husband and agrees to immediately execute now or in the future any and all deeds,
documents, or papers necessary to effect such transfer of title upon request. Wife further
acknowledges that she has no claim, right, interest, or title whatsoever in said property
and further agrees never to assert any claim to said property in the future. Husband
agrees to be fully responsible and to indemnify and hold Wife harmless fi.om any and all
liability associated with the aforesaid property.
DATE 10/28/02 6
C. Wife agrees to transfer all fight, title and interest in and to the 11-
acre parcel of real estate located in Perry County which is currently held in joint names
and agrees to immediately execute now or in the future any and all deeds, documents, or
papers necessary to effect such transfer of title upon request. Wife further acknowledges
that she has no claim, right, interest, or title whatsoever in said prOPerty and further
agrees never to assert any claim to said property in the future. Husband agrees to be
fully responsible and to indemnify and hold Wife harmless from any and all liability
associated with the aforesaid property.
D. Wife agrees to transfer ail fight, title and interest in and to the real
estate situated at 5683 Creekview Road, Mechanicsburg, Cumberland County,
Pennsylvania, which is currently held in .joint names, to Husband and agrees to
immediately execute now or in the future any and all deeds, documents, or papers
necessary to effect such transfer of title upon request. Wife further acknowledges that she
has no claim, fight, interest, or title whatsoever in said property and further agrees never
to assert any claim to said property in the future. Husband agrees to be fully responsible
and to indemnify and hold Wife harmless from any and all liability for the mortgage on
said premises in the approximate amount of $59,334. Within 120 days of the date oft/tis
Agreement, Husband shall take the necessary steps to refinance the mortgage on said
premises in order to remove Wife's name from said debt. In the event that Husband is
unable to refinance the aforesaid debt in order to remove Wife's name within the
DATE 10/28/02 7
specified 120-day period, the property shall be listed for sale with a reputable real estate
agent at a price to be determined by said real estate agent.
E. Husband agrees to transfer all right, tire and interest in and to the
real estate situated at 5619 North Front Street, Harrisburg, Dauphin County,
Pennsylvania, which is currently held in joint names, to Wife and agrees to immediately
execute now or in the furore any and all deeds, documents, or papers necessary to effect
such transfer of title upon request. Husband further acknowledges that he has no claim,
right, interest, or tire whatsoever in said property and further agrees never to assert any
claim to said property in the future. Wife agrees to be fully responsible and to indemnify
and hold Husband harmless from any and all liability for the mortgage with an
approximate balance of $28,358 on the aforesaid premises. Within 120 days of the date
of this Agreement, Wife shall take the necessary steps to refinance the mortgage in order
to remove HUsband's name from said debt. In the event that Wife is unable to refmance
the aforesaid debt in order to remove Husband's name within the specified 120~day
period, the property shall be listed for sale with a reputable real estate agent at a price to
be determined by said real estate agent.
F. Husband agr,ees to transfer all right, title and interest in and to the
real estate situated at 606 North Third Street, Wormleysburg, Cumberland County,
Pennsylvania, which is currently held in joint names, to Wife and agrees to immediately
execute now or in the future any and all deeds, documents, or papers necessary to effect
DATE 10/28/02 8
such transfer of title upon request. Husband further acknowledges that he has no claim,
right, interest, or title whatsoever in said property and further agrees never to assert any
claim to said property in the future. Wife agrees to be fully responsible and to indemnify
and hold Husband harmless from any and all liability associated with the aforesaid
premises.
G. Husband agrees to transfer all right, title and interest in and to both
of the Ickesburg properties (identified as Ickesburg #1 and Ickesburg #2 on the parties'
federal income tax returns) which are currently held in joint names, to Wife and agrees to
immediately execute now or in the future any and all deeds, documents, or papers
necessary to effect such transfer of title upon request. Husband further acknowledges that
he has no claim, right, interest, or title whatsoever in said properties and further agrees
never to assert any claim to said properties in the future. Wife agrees to be fully
responsible and to indemnify and hold Husband harmless from any and all liability for the
mortgage on the aforesaid properties with an approximate balance of $45,570. Within
120 days of the date of this Agreement, Wife shall take the necessary steps to ref'mance
the mortgage in order to remove Husband's name from said debt. In the event that Wife
is unable to refinance the aforesai.d debt in order to remove Husband's name w/thin the
specified 120-day period, the property shall be listed for sale with a reputable real estate
agent at a price to be determined by said real estate agent.
DATE 10/28/02 9
9. FINANCIAL ASSETS:
A. Wife agrees to transfer all of her right, title and imerest, whatever it
may be, in the following financial accounts to Husband:
(1) American Express Mutual Fund Account #0781-5938-1-001
with an approximate balance of $27,000;
(2) Pumam Investments Accounts #AOL- 1-209-46-1281-BBB3;
#A66-3-209-46-1281 -BBBE; #A44-3-209-46_ 1281 -BBB 8;
and #B04-3-209-46-1281-BBB6 with an approximate balance
of $17,000;
(3) GE Interest Plus Money Market Account #9241168228 with
an approximate balance of $78,000;
(4) Ford Money Market Account #9071124018 with an
approximate balance of $29,000;
(5) AmeriChoice Federal Credit Union Account #34062 with an
approximate balance of $3,000; and
(6) Commerce Bank Account #0512080607 with an approximate
balance of $2,500.
B. Husband agrees to transfer all of his right, title and interest, whatever
it may be in the following financial accounts to Wife:
DATE 10/28/02 1 0
(1) Pumam Investments Account #A52-3-185-52-1782-BBC9
with an approximate balance of $218.
10. VEHICLES: Wife agrees to transfer all her right, title and interest
whatever it may be to a 1997 E-250 van, a 1989 E-250 van, a 2001 Chevy van, a 1989
GMC bucket truck, and a 1999 Dodge pick-up truck to the Husband. Husband shall be
responsible for any and all debt associated with said vehicles.
Husband agrees to transfer all his right, title and interest whatever it may be
to a 2000 Ford Expedition, and Husband agrees that he shall be fully responsible for any
debt associated with said vehicle and shall indemnify and hold Wife harmless for any
responsibility for the debt associated with said vehicle.
11. HUSBAND'S BUSINESS: Wife waives any and all right, title and
interest or claims that she may have to Husband's business by the name of LTC Electrical
Contractor, Inc. Wife acknowledges that she has had the opportunity to review the
business tax returns for the last five years and further acknowledges that she is intimately
familiar with the nature and value of the business as a result of the fact that she was
involved in bookkeeping for the business during the course of the marriage. Husband
agrees to indemnify and hold Wife harmless from any and all liability associated with
said business.
DATE 10/28/02 11
12. TAX EXEMPTIONS: Wife agrees that Husband shall have the right to
claim the children as a deduction on his federal income tax returns so long as the children
are eligible to be claimed as deductions whether or not the children are residing with him
in excess of S0 percent of the time during the course of any given tax year.
13. .WAIVERS OF CLAIMS AGAINST ESTATE~C: Except as herein
otherwise provided, each party may dispose of his or her property in any way, and each
party hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire, under the present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital relationship, including without
limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in
intestacy, right to take against the Will of the other, and right to act as administrator or
executor of the other's estate, and each will, at the request of the other, execute,
acknowledge, and deliver any and all instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment of all such interests, rights and
claims.
14. SUBSEQUENT DIVORCE: Both parties agree to execute Affidavits of
Consent to Divorce and Waiver of Notice of Intention to Request Entry of a Divorce
Decree pursuant to Section 3301 (c) of the Divorce Code ninety (90) days after a Divorce
Complaint has been filed and shall direct Husband's counsel to immediately thereafter file
with the Court said documents.
DATE 10/28/02 1 2
15. BREACH: If either party breaches any provision of this Agreement, the
other party shall have the fight, at his or her election, to sue for damages for such breach
or seek such other remedies or relief as may be available to him or her, and the party
breaching this contract shall be responsible for payment of reasonable legal fees and costs
incurred by the other in enforcing their fights under this Agreement.
16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to
time, at the request of the other, execute, acknowledge, and deliver to the other party any
and all further instruments that may be reasonably required to give full force and effect to
the provisions of this Agreement.
17. VOLUNTARY EXECUTION: Husband has employed and had the
benefit of the counsel of Killian & Gephart as his attorney. Wife has been informed of
her fight to counsel but has decided to not employ an attorney. Wife acknowledges that
her decision to not employ counsel was voluntary and understands that Husband's counsel
has solely represented Husband. Wife acknowledges that counsel for Husband has, in no
way, advised or undertaken to represent her in this matter. Finally, Wife agrees that her
decision to not employ counsel will not be used as a defense to the enforcement of this
agreement and agrees that she is entering this agreement being fully aware of her fights
under the laws of Pennsylvania and the Pennsylvania Divorce Code.
Each party acknowledges that he or she fully understands the facts and his or her
legal fights and obligations, and each party acknowledges and accepts that this
DATE 10/28/02 13
Agreement is, under the circumstances, fair and equitable, and that it is being entered into
freely and voluntarily, and that execution of this Agreement is not the result of any duress
or undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
Each party hereto acknowledges that he or she understands the impact of the
Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all
marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or possessed individually by the
other, counsel fees and costs of litigation and, fully knowing the same, each party hereto
still desires to execute this Agreement acknowledging that the terms and conditions set
forth herein are fair, just, and equitable to each of the parties and waives their respective
right to have the Court of Common Pleas of Cumberland County or any other Court of
competent jurisdiction to make any determination or order affecting the respective parties'
right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital
property, counsel fees and costs of litigation.
18. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties, and there are no representations, warranties, covenants, or
undertakings other than those expressly set forth herein.
19. MODIFICATION AND WAIVER: A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing and executed
DATE 10/28/02 1 4
with the same formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
20. ACCEPTANCE BY WIFE: Wife acknowledges that the provisions of
this Agreement provide for the support and maintenance of the parties' children and are
fair, adequate, and satisfactory to her. Upon that provision, Wife accepts the provisions
of this Agreement in lieu of and in full and final settlement and satisfaction of all claims
and demands that she may now or hereafter have against Husband for her support and
maintenance of herself, for alimony, alimony pendente lite, counsel fees or for any other
provisions for her support and maintenance, and any other charge of any nature
whatsoever pertaining to any divorce proceeding which have been or may be instituted by
the Wife in any court in the Commonwealth of Pennsylvania or any other jurisdiction
and/or any divorce proceeding which may be instituted by Husband in any Court in the
Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs
or expenses incurred or to be charged by any counsel or arising in any manner
whatsoever, but not for the support and maintenance of the parties' children.
21. DESIRE OF TI-IE PARTIES: It is the desire of the parties, after long and
careful consideration, to amicably adjust, compromise and settle all property fights and all
fights in, to, or against each other's property or estate, including property heretofore or
subsequently acquired by either party, and to settle all disputes existing between them,
DATE 10/28/02 1 5
including any and all claims for Wife's and/or Husband's maintenance and/or for support,
alimony, counsel fees and costs.
22. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that each paragraph hereof shall
be deemed to be a separate and independent covenant and agreement.
23. ...APPLICABLE LAW: This Agreement shall be construed under the laws
of the Commonwealth of Pennsylvania.
24. PRIOR AGREEMENTS: It is understood and agreed that any and all
property settlement agreements which may or have been executed prior to the date and
time of this Agreement are null and void and of no effect.
25. VOID CLAUSES: If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or prOvision shall be stricken from this Agreement and in
all other respects this Agreement shall be valid and continue in full force, effect and
operation.
26. DISCLOSURE: The respective parties do hereby warrant, represent, and
declare and do acknowledge and a~gree that each is and has been fully and completely
informed of and is familiar with and cognizant of the wealth, real and/or personal
property, estate and assets, earnings and income of the other and that each has made a full
and complete disclosure to the other of his or her entire assets and liabilities and any
DATE 10/28/02 16
further enumeration or statement thereof in this Agreement is hereby specifically waived,
and the parties do not wish to make or append hereto any fu~er enumeration or
statement. Each of the parties hereto further covenants and agrees for himself or herself
and his or her heirs, executors, administrators and assigns, that he or she will never, at any
time hereafter, sue the other party or his or her heirs, executors, administrators or assigns,
in any action or contention, direct or indirect, that there was any absence or lack of full
disclosure, fraud, duress, undue influence, or that there was any absence or lack of full,
proper, and independent representation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above-written.
WITNESS:
/ h-6ov a
DATE 10/28/02 1 7
COMMONWEALTH OF PENNSYLVANIA )
) SS.:
)
On this the ~ day of (~_ ,.~_~.e~ ,2002, before me, the undersigned
officer, personally appeared DAVID G. HOOVER, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
My Commission Expires: ~'J/'~t~tt~]'/
COMMONWEALTH OF PENNSYLVANIA )
) SS.:
COUNTY OF d~L ~tr///~ x c~ )
beNotarial Seal
th K. Hull, Notary Public
Silver Spring Twp., Cumberland County
~ My Commission Expires March 20, 2006
IV'ember, Pennsylvania Associalion Of Nolaries
On this the ~o day of ~Cl~// ,2002, before me, the undersigned
officer, personally appeared MARY JANE, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purpose, therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
My Commission Expires:
DATE 10/28/02
18
Notarfal Seal ]
Elizabeth K. Hull, Notary Public
Silver 3prfng Twp., Cumberland County
ssion Expires March 20, 2006
iemDer. ~ennsy'hrania Association Of Notades~-J
DAVID G. HOOVER, · Plaintiff ·
v. ' NO. 02-5401
MARY JANE HOOVER, ' CIVIL ACTION - LAW
Defendant · IN DIVORCE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, MARY JANE HOOVER, Defendant herein, do hereby swear and affum
that I accepted service of a tree and correct copy of the Complaint in Divorce on
~Y~]'//DI_/_/'ULt q~k,,2002·
l~lar~ Jafi~e l~)~r
DAVID G. HOOVER,
Plaintiff
V.
MARY JANE HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5401
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on November 6, 2002.
The marriage of plaintiff and defendant is irretrievably broken and ninety
(90) days have elapsed fi.om the date of the filing and service of the Com-
plaint.
o
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.A. Section
4904 relating to unswom falsification to authorities.
Dated: 02/18/03
~'aviX~'G.-Ho'over
DAVID G. HOOVER,
Plaintiff
Vo
MARY JANE HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5401
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on November 6, 2002.
The marriage of plaintiff and defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing and service of the Com-
plaint.
o
I consem 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 statemems made in this affidavit are tree and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unswom falsification to authorities.
Dated: 02/18/03
DAVID G. HOOVER,
Plaintiff
Vo
MARY JANE HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5401
CIVIL ACTION - LAW
IN DIVORCE
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.
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.
I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after
it is filed with the prothonotary.
I verify that the statements made in this affidavit are tree and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unswom falsification to authorities.
Dated: 02/18/03
eyinG, itgover
DAVID G. HOOVER,
Plaintiff
MARY JANE HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5401
CIVIL ACTION - LAW
IN DIVORCE
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.
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.
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.A. Section
4904 relating to unswom falsification to authorities.
Dated: 02/18/03
'Mary Ja~te I~V&-
DAVID G. HOOVER, · Plaintiff ·
v. · NO. 02-5401
MARY JANE HOOVER, · CIVIL ACTION - LAW
Defendant · IN DIVORCE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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.
Grounds for divorce:
Divorce Code.
Irretrievable breakdown under Section 3301 (c) of the
Date of service of the Complaint: November 9, 2002, as evidenced by the
Affidavit of Acceptance of Service, which is being filed contemporaneously
herewith.
Date of execution of the Affidavits of Consem required by section 3301 (c)
of the Divorce Code: by David G. Hoover, Plaintiff, on February 18, 2003;
by Mary Jane Hoover, Defendant, on February 18, 2003; which are being
filed contemporaneously herewith.
o
Related claims pending: The attached Property Settlemem Agreement is
incorporated but not merged to the Decree in Divorce.
Date of execution of Waivers of Notice of Intention to Request Entry of a
Divorce Decree: by Plaintiff on February 18, 2003; by Defendant on
February 18, 2003. Said Waivers are being filed contemporaneously
herewith.
Dated:
February 19, 2003
Respe~submitted,~
lvy
~.n & Gepha~
/Pine v
Street
3. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney I. D. #53148
Attorneys for Plaintiff
2
.CERTIFICATE OF SERVICE
I do certify that I served a true and correct copy of the within document upon the
following by depositing a copy of same in the United States mail, postage prepaid, addressed
as follows:
Ms. Mary Jane Hoover
9 Cindy Circle
Enola, PA 17025
Dated:
February 19, 2003
Peggy Hi~, Se"~cretary to
J. PAUL HELVY, ESQ.
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717)232-1851
Attomeys for David G. Hoover
IN THE
DAVID G. HOOVER
VERSUS
MARY JANE HOOVER
COURT OF COMMON
OF CUMBERLAND COUNTY
STATE OF ~.~~ PENNA.
NO.
02-5401:
PLEAS
Civil Action - T,mw
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
DAVID G. HOOVER
AND
MARY JANE HOOVER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, i2003 , It IS ORDERED AND
, PLAINTIFF,
, 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 attached Property Settlement Agreement is incorporated b,,t no~ m~rgmH h~ th
Decree in Divorce.
BY THE COURT:/
AT~- - ~
p J'
rOTHONOTAR~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW IN DIVORCE
DAVID G. HOOVER
Plaintiff
v.
MARY JANE HOOVER
Defendant
AFFIDAVIT OF SUPPORT
AND NOW comes DAVID G. HOOVER who avers as follows:
NO. 02-5401
I DAVID G. HOOVER , am an adult individual, who currently resides at 9 Cindy
Circle, Enola, Cumberland County, Pennsylvania 17025. My date of birth is
October 13, 1960, and my Social Security Number is 209-46-1281.
2. I was granted a divorce from MARY JANE HOOVER on April 10, 2003.
3. I am the father of one minor child of MARY JANE HOOVER named
COURTNEY L. HOOVER.
4. COURTNEY L. HOOVER has a date of birth of September 6, l 993.
5. I pay child support in the amount of Four hundred dollars ($400.00) to MARY
JANE HOOVER.
6. I will continue to pay said child support until my minor child reaches the age of
majority on September 6, 2011.
Respectfully Submitted,
/,~/~~-~
Deryck Henry, Esquire
Lisi & Henry
5621 North Front Street
Harrisburg, PA 17110
(717)215-2550
Attorney I.D. # 78784
w
VERIFICATION
DAVID G. HOOVER verifies that the statements made in the foregoing Affidavit of Support are
true and correct to the best of my knowledge, information and belief. The undersigned
understands that the statements made therein are made subject to the penalties of ] 8 Pa.C.S.
Section 4909 relating to unsworn falsifications to authorities.
vid G. Hoo er
CERTIFICATE OF SERVICE
AND NOW, this 4th day of September, 2009, the undersigned does hereby certify that he
did this date serve a copy of the foregoing document upon the other party of record by
causing same to be deposited in the United States mail, first class, prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Mary Jane Hoover
5619 North Front Street
Harrisburg, PA 17117
Deryck Henry, Esquire
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