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HomeMy WebLinkAbout03-1503F:\User FolderWirm Docs\Gendocs2003~3062-lcomplaint.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTY L. HOFFMAN, Plaintiff TIMOTHY D. HOFFMAN, Defendant CIVIL ACTION - LAW~ . NO. 2003- ].q"t:X~ IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important 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, Pennsylvania. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTY L. HOFFMAN, Plaintiff Vo TIMOTHY D. HOFFMAN, Defendant CIVIL ACTION- LAW_. NO. 2003- IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this ~ } ~ day of March, 2003 comes Plaintiff, Christy L. Hoffman, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Christy L. Hoffrnan, who resides at 903 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Timothy D. Hoffman, who resides at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for aperiod of more than six (6) months immediatelypreceding the filing of this Complaint in Divorce. 4. The parties were married on June 9, 2001 in Carlisle, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and VERIFICATION The foregoing Complaint in Divorce 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 Complaint in Divorce and to the extent that the document 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. Christy L. I-l~ffman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTY L. HOFFMAN, Plaintiff go TIMOTHY D. HOFFMAN, Defendant CIVIL ACTION - LAW NO. 2003- 1503 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Timothy D. Hoffman, the Defendant in the above captioned matter, hereby accept service · of the Complaint filed in the above captioned matter. Timothy D. Hoffman Dated: F:\User Folder\Firm Docs\Gendocs2003\3062- lacc.ser.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTY L. HOFFMAN, : Plaintiff : TIMOTHY D. HOFFMAN, : Defendant : CIVIL ACTION - LAW NO. 2003- 1503 CIVIL TERM IN DWORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in Divorce fi.om the bonds of matrimony on the 30th day of July, 2003, hereby elects to retake and hereafter use her previous name of Christy L. Spickler and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 2, 54 Pa. C.S.A. Section 704. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Christy ~. Spickler ) :SS. ) On the ~___~.day of August, 2003, before a Notary Public, personally appeared Christy L. Hoffrnan, to be known as Christy L. Spickler, known to me to he the person whose name is subscribed to the w/thin document, and acknowledged that she executed the foregoing for the purpose therein contained. IN W1TNESS WHEREOF, I have hereunto set my hand and Notarial Seal. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~day of February, 2003, by and between TIMOTHY D. HOFFMAN, of Carlisle, Dickinson Townsliip, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and CHRISTY L. I-[OFFMAN, of Carlisle, Dickinson Township, Cumberland County, Pennsylvania, party of the second part, herea~er referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on June 9, 2001 in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart fi.om each other since February 8, 2003; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of cominuing to living separate and apart fi.om one another; and WHEREAS, Husband and Wife desire to settle and dete]maine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose o fthis Agreement to set forth the respective rights and duties of the parties while they continue to live apart fi.om each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, at, er both have had full and ample opportunity to consult with an attorney, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereaRer to live separate and apart fi.om each other and to reside fi.om time to time at such place or places as they shall deem fit t~ee fi.om any TDH ~/. ~./0-. Page 1 of 9 CLH control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. ~ ,~I ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce upon just, legal and proper grounds; nor to prevent eiiher party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawtifl and enforceable and this wan:anty, covenant, and representation is made for the specific purpose o f inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped from asserting any illegality or unenfomeability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, et,ch of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remany, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation~ 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. TDH x~t/at~' Page 2 of 9 CLH ~ ARTICLE III: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition~ preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Except as provided herein, the parties shall retain sole and ,exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. Husband shall pay Wife the sum of Forty-Four T~housand Five Hundred Dollars ($44,500.00) on or before October 15, 2004. Husband shall not be obligated to make any payments on this amount before October 15, 2004 and no interest shah accrue on this payment. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. TDH y,~_~, Page 3 of 9 CLH ~ 3.5 Husband and Wife agree to waive and relinquish any and all fight that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Within ten (10) days of the execution of this Agreement, Wife shall transfer to Husband any and all of Wife's right, title and interest in and to that parcel of real estate located at 35 Chelsea Lane, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, heretofore owned by the parties as tenants by the emireties. Said transfer is subject to those liens, judgments or mortgages of record as of the date of conveyance, all of which shall thereafter become the sole and exclusive obligation of Husband. Husband shall indemnify and hold Wife harmless fi.om any liens, judgments or mortgages on said property. Husband shall payoffor refinance the current mortgage on said property on or before March 1, 2005. 3.7 Within ten (10) days of the execution of this Agreement, Wife shall execute any and all documents, including but not limited to a spousal waiver and special warranty deeds, necessary to transfer Wife's interest in the sole proprietorship known as Hoffinan's Custom Contracting and the to be formed corporation known as Hol3fixsan's Custom Contracting, Inc., including all tools, equipment, receivables, assets, and all spec homes, which include: i. 5 West Linden Drive, Carlisle, Dickinson Township, Cumberland County, Pennsylvania; and ii. Lot 38 Chelsea Lane, Kings Gap Estates, Dickinson Township, Cumberland County, Pennsylvania. Said transfer is subject to those liens, judgments or mortgages of record as of the date of conveyance, all of which shall thereafter become the sole and exclusive obligation of Husband. Husband shall indemnify and hold Wife harmless fi.om any liens, judgments or mortgages on said property. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any fights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. TDH ,~. a~-t~L. Page 4 of 9 CLH ~ ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible mad each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each party relinquishes any fight, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Perax~lvania Department of Transportation. It is the intention of the parties that the 2000 Chevrolet Tahoe shall be transferred solely to Wife. All other vehicles owned by the Parties shall be the exclusive property of Husband and Husband shall indenmify and hold Wife harmless from any liens on said vehicles, which are a 1998 Chevrolet Van, a 1998 Chevrolet Pickup. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have had an opportunity to or have chosen not to retain independent legal counsel. The provisions of this Agreement are fully understood by the parties. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, aRer having received such advice and with such knowledge 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. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever sitt~ate, which he or she now has or at any time hereafter may have against such other, the estate of such other. It is the intention of Husband and Wife to give to each other by execution of this Agrecment a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may herealter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. TDH ~_ ~)./O~. Page 5 of 9 CLH 6.3 Each party represents that since separation, they have nm heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be respons~le or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out o fthis Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereat~er, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreemem shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreemen~I. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, 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 t~om this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failcxe of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreemem constitutes an equitable distribution of property, both real and personal, which was legaily and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. TDH ~ ~),g Page 6 of 9 CLH ~ 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represems and warrants that he or she has not made arty girls or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant ofthe wealth, real and/or personal property, estate and, assets, earnings and income of the other and that each has made a f~ll and complete disclosure tq~ne other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. A summary list of assets to be retained by each party is attached hereto as Exhibit "A". Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. The parties shall jointly file 2002 Local, State and Federal income tax returns. The parties shall equally split any refunds but Husband shall be solely resporm~le for any payments due for tax year 2002. 6.11 In the evem either party to this Agreement shall breach an), term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any ztetion or proeeeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms ofthis Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both oftbe parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein~ contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6.13 The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the TDH ~7~.~"- Page 7of9 CLH ~ divorce. Any party who fails to cooperate with obtaining the Diw)rco shall pay all the costs and legal fees of the party who is seeking the divorce. 1N WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: Timothy ~ Hoffman fJ Christy L.(JHoffman OD TDH ~./~,1~. Page 8 of 9 CLH ~.~ EXHIBIT "A" ASSETS TO BE RETAINED BY EACH PARTY Assets to be retained by Timothy D. Hoffman bo The real estate at 35 Chelsea'Lane, Carlisle, Dickinson Township, Cumberland County, Pennsylvania and all possessions therein:; 1998 Chevrolet Van; 1998 Chevrolet Pickup; Lawn Tractor The sole proprietorship known as Hoffman's C, ustom Contracting and the to be formed corporation known as Hoffa~.an's Custom Contracting, Inc., including all tools, equipment, receivables, assets, and any and all profits earned from spec homes or custom homes currently or in the future being built by Husband. Husband's current spec home projects include: i. 5 West Linden Drive, Carlisle, Dickinson Township, Cumberland County, Pennsylvania; ii. Lot 38 Chelsea Lane, Kings Gap Estates, Dickinson Township, Cumberland County, Pennsylvania. Business and personal Checking and Savings Accounts at PSECU, Orrstown Bank, and Waypoint Bank. Wife's Engagement ring and wedding band fi'om this marriage Labrador Retriever named Simpson II. Assets to be retained by Christy L. Hoffinan g. h. i. j. k. 1. The oak rocking chair; The pink recliner; The cedar chest; VCR in the family room; Upstairs television; Home computer; All Thomas Kinkaid paintings; The mantel clock; The jewelry box; Deep freezer in basement; Her retirement with Commonwealth of Pennsylv~mia All Savings and Checking Accounts at PSECU, other than Husband's personal accounts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTY L. HOFFMAN, Plaintiff TIMOTHY D. HOFFMAN, Defendant CWIL ACTION - LAW NO. 2003- 1503 CIVIL TERM IN DWORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 2,2003. A Complaint in divorce under Section 3301 (c) o fthe Divorce Code was filed on April 2. The marriage of Plaintiff and Defendant is irretrievably broken 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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.., Section 4904 relating to unswom falsification to authorities. Date: July ['~f , 2003 Sw~oi'rl to and subscribed before me this [~ day of July,,2003. N°t~Y'P'~b~c 'L '~ Christy ~. Hoffrnan ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTY L. HOFFMAN, Plaintiff TIMOTHY D. HOFFMAN, Defendant CiVIL ACTION - LAW NO. 2003- 1503 CiVIL TERM 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. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true ~md 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: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYiLVANIA CHRISTY L. HOFFMAN, Plaintiff T1MOTHY D. HOFFMAN, Defendant C1VIL ACTION - LAW NO. 2003- 1503 C1VIL TERM IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 2,2003. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April 2. The marriage of Plaintiffand Defendant is irretrievably broken 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divome decree being handed down by the court. 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., Section 4904 relating to unsworn falsification to authorities. Date: July,Z/ ,2003 Sworn to and subscribed before me this e2 ls ~,-'day of July, 2003. Not~ublic (~"'O'c~ F:\Us~r Fold~AF[rm Do*s\Gendocs2003B062- I afl con wpd Timothy ~>~-Io ffmaff Notarial Seal '1 Ma~y M. Price, Notary Public / Cadisle Bore, Cumberland C?~un.,~^., ! My Commission E~pires Aug. m, ~uuo ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTY L. HOFFMAN, Plaintiff TIMOTHY D. HOFFMAN, Defendant CIVIL ACTION - LAW NO. 2003- 1503 CIVIL TERM 1N 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. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diw)rce 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: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTY L. HOFFMAN, Plaintiff TIMOTHY D. HOFFMAN, Defendant CIVIL ACTION - LAW NO. 2003- 1503 CIVIL TERM 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 Personal Service on April 13, 2003. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; July 17, 2003; by the Defendant; July 21, 2003. Related claims pending: None. Date Plaintiff' s Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the 5. July 23, 2003. Prothonotary: July 23, 2003. HANFT & IGHT, P.C. By ~~~~ ! Michael J. Hanft, Esqurre Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Date: July 23, 2003 Attorneys fi)r Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~.. PENNA. VERSUS N O. ;.:003-1503 AND NOW, DECREED THAT DECREE IN DIVORCE C~RISTY L. HOFFMAN 2003 It IS ORDERED AND _, PLAINTIFF, AND __, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION for WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The Separation and Property Settlement Agreement dated Feb~,a~y 14, 2003 is incorporated by reference. ATTEST: J.