Loading...
HomeMy WebLinkAbout00-06316 '" " , ,-. , -..~'. I I ., . . . . . . . . . . . . . . ... ;F. ;F.;F. ;F. ... . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . . . . . LUCY M. l!OFFENBECKER, Plaintiff No. 00-6316 CIVIL TERM . . . . . . . . VERSUS GEORGE l!OFFENBECKER, . Defendant IN DIVORCE . . . . DECREE IN DIVORCE . . . . . . . . . . A l:l..L-,:J [I , 2.66<, IT IS ORDERED AND AND NOW, . . DECREED THAT LUCY M. l!OFFENBECKER , PLAINTIFF, AND GEORGE l!OFFENBECKER , 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; . . . . NONE. The terms of the propet:try settlement and separation agreement dated June 19, 2002 are incorporated but not merged into this Decree in Divorce. . . . . . . . .., . . . . . . (!~ PROTHONOTARY . . . . . . . . . .J .1 I I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . '1-,;) .Ij).cu I/',}. V -CJ3 ~~ .,..,.""., ~'~ ,,"~ ""''''"~",,^,''~ fi .'''''' 1 '- ,.. M ~:~c/ -# Cb~~ 14~ ;Jt<~ ?t;; ""..~~~'" " .JlIIl!mW!!JI!i'\f'l''!(lf.l1W~<IO!~ro~W!1!l'!''>iIR~''''-'''r-'17'!~-~''~t~!fillI lIIi~l1l'I! "~ ",,...,~.Pl SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A Lucy M. HOFFENBECKER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAW : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this f q_ day of 2002, BETWEEN LUCY M. HOFFENBECKER, of 505 Hamilton eet, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter referred to as Wife; AND GEORGE HOFFENBECKER, of 52 Privet Drive, Etters, York County, Pennsylvania 17319, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on September 13,1975, in Carlisle, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 00-6316, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 :[ II II SAIDIS SHUFF, FLOWER & UNDSAY ATTORNEYS'AT'LAW 26 W. High Street Carlisle, PA ", (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 or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no jointly titled debts of the parties, marital or non-marital for which the other might be liable incurred prior to the signing of this Agreement. 1: Husband shall pay any and all obligations to creditors of his and shall indemnify and hold Wife harmless against any claim by those creditors. 2: Wife shall pay any and all obligations to creditors of her and shall indemnify and hold Husband harmless against any claim by those creditors. 2 II II SAlOIS SHUFF, FLOWER & LINDSAY ATIQRNEYS.AT.LAW 26 W. High Street Carlisle. P A " ,","< 3: The parties acknowledge that upon their separation, each had debt, some of which may have been marital and some of which may not have been marital. It is the parties' agreement that they wish to make no further inquiry into the marital or non-marital nature of the debt and that they are content to pay any debt for which they are the sole obligor. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on October 1, 2000 the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (4) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Wife will retain the retain the 1996 Nissan and Husband shall retain the 3 II II SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS1ATlLAW 26 W. High Street Carlisle, PA 1993 Chevrolet Van and his Harley Davidson Motorcycle. (5) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (6) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Nevertheless, Husband will transfer to Wife one-half of his Civil Service Retirement System Pension. The first of such payments of one-half of the net pension shall be due on or about the 10th day of each month following the month of the execution of this Agreement and shall continue by direct payment from Husband to Wife until a Domestic Relations Order can be entered, transmitted to the Office of Personnel Management and effecting a direct payment from the Office of Personnel Management 4 i'I II II .. SAIDIS SHUFF, FLOWER & UNDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A 0",'< ,'.., - ~''';' ~,,'~ ,.,~ '. ---"- ',,,i ' _" ',,' I _, "_~', '" of her share of the Pension to Wife. The parties acknowledge that between the date of their separation and the date of this Agreement, Husband has been receiving the entire pension on a monthly basis. As part of the consideration for entering into this Agreement, Wife waives any claim she has to a share of post-separation payments received by Husband to date, except to the extent that those help to fund the spousal support which she has received through the Office of Domestic Relations. (7) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (8) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband is represented by Robert F. Frey, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. 5 II II SAIDIS SHUFF, FLOWER & LINDSAY ATfORNEYS-AT-LAW 26 W. High Street Carlisle, P A .," ~ '",,"''', --"" ".h' " .., I. ",' ..,~-ji -,-"" (9) 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. (10) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (11) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 6 II SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A , 'I" . (1?) COMPLETE DISCLOSURE: The parties do hereby warrant, represen~, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, eamings and income d,f the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is , specifically waived. (13) RIGHIrS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them hf:is read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as.a voluntary act. (14) FULLi SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that ~ach party accepts the provisions herein 'made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, couf1sel fees, costs and expenses, equitaple distribution of marital property and any \lther claims of the party, including all claims which have been raised or may be raised in an action for divorce. 7 II SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle, P A (15) RELBASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or here<flfter acquired, including but not limited to qllI rights or claims: (1 ) to take against the other's will; (2) under the laws of intestacy; , (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; 8 II II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. P A -" ^ < .~' ,C .' ~ ~.,,",.,:..0., G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction. the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue 9 II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA , , ;~,~,">i ',,' " ... ,"'i < \1 for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Ji. 10 II II :;( - ',0 ~iIIliIIiili~~~~---=' . lilii;~( ^. ~~ O'~, , . i' , ''---' ''--'' " '> , '~ "'~ '-"" ".~ i("") 0 0 c: (...) ._;, '5':~ ",. ".,-/ .." '-"J m I'.J~! -''-], ~r; - Z , :-;',',~j I i" 61:;',." f ;--:, t.,) c.' ) -<:;';~:' [" . ~~} ~;3 ~ :r: Tl (~; r") . ~ L_ a nl :Z~ ~.--' ~ ::(l I,.) -< , ~ " '0.., ',. ,,,,': ,., .. ' " ~ "",. " LUCY M. HOFFENBECKER, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT: 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 8ec4ion 3301 (0) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Robert G. Frey, Jr., Esquire, attorney for Defendant, George Hoffenbecker, on September 18, 2000, and filed September 27,2000. 3. (Complete either paragraph (a) or (b)). (a) Date ef mmGl:.ltieR Elf tAe a#isavit ef GeRBeRt rcqI.:Jir06 BY gce4i0fl 2201 (G) ef the DiverGe CeEio: BY tA€! Plaintiff ; BY tAe DofoR6aAt (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: November 6.2002 (2) Date of service of the Plaintiff's affidavit upon the Defendant: November 6. 2002 4. 5. Related claims pending: None Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: November 6,2002, mailed, First Class, U.S. Mail, to George Hoffenbecker, cia Robert F. Frey, Esquire, FREY & TilEY, 5 South Hanover Street, Carlisle, PA 17013 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSIATlLAW 26 W. High Street Carlisle, P A (b) Date Plaintiff's Waiver Elf ~JEllioe in 2301 (0) DivElFGe was fileel witA the PrEltAeFlElt-ary: , Pr-othonotar"j: . tiff ~~- ilIl~-~~~~"I'ii~iJM.'-'-"<I" lillIlbiJ .d'""f''''''''~''''''' ..~ ~o= ,. -', . ~~- '"' <:: :;;: -00) mf"n Z:TI Z"" (f)d:-: -<"'-: ~C) d:~ (-~" 2(''' >~~ ~~ .< = {...., - -0 ;::lJ I 1'.:' G -n :':1:~ ~1 i" .: -,-'1" ,(-") -;-::;, "I ')~~ :~j;f ..;,~.... .-' ~";;;:,nl :~:::; .....-.., :::;:, :<; :l7<> :x eN J..- I ',\ , LUCY M. HOFFENBECKER Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. OO-U3~IVJL TERM GEORGE HOFFENBECKER Defendant : IN DIVORCE NOTTrR TO nRFRNn ANn rT,ATM RTClHTR 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 in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 -~ !L , LUCY M. HOFFENBECKER Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- (P3/t.- CIVIL TERM GEORGE HOFFENBECKER Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE COUNT I DIVORCE l. Plaintiff is LUCY M. HOFFENBECKER, who currently resides at 505 Hamilton Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is GEORGE HOFFENBECKER, who currently resides at 505 Hamilton Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 14, 1975, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the paTties. 6. The marriage is irretrievably broken. 7. Plaintiff has 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 EQUITABLE DISTRIBUTION 1. Plaintiff incorporates herein the prior paragraphs by reference. 2. The parties are the owners of personal property subject to equitable distribution between them as marital property. 3. The Plaintiff requests the Court to equitably divide such items of marital property between them. COUNT III ALIMONY AND ALIMONY PENDENTE LITE 1. Plaintiff incorporates herein the prior paragraphs by reference. 2. During the course of her marriage, Plaintiff has been financially dependent upon Defendant. 3. Plaintiff is unable to support herself ill the lifestyle to which she was accustomed to during the marriage of the parties. 4. Defendant has control of the bulk of the marital assets of the parties and is financially able to contribute to the support of Plaintiff during this action and thereafter. 5. Plaintiff is in need of alimony pendente lite to maintain herself during the course of this action and to permanent alimony thereafter if she is to maintain her lifestyle. COUNT IV COUNSEL FEES, COSTS AND EXPENSES 1. Plaintiff incorporates herein the prior paragraphs by reference. 2. Plaintiff is not in a financial position to meet the costs and expenses of prosecuting this action and to pay reasonable counsel fees to her attorney. .1 3. Defendant has resources and income available to him which make him well able to pay his own and plaintiffs costs and expenses and counsel fees in this matter. WHEREFORE, Plaintiff requests this Court to: a. Enter a final Decree of Divorce divorcing the Plaintiff from the Defendant; b. Grant equitable distribution of the marital property of the parties; c. Award Plaintiff reasonable counsel fees, expenses and costs of suit in this matter; and d. Grant such further relief as it shall deem proper and just. Respectfully submitted, (lQc BY: Andre acobsen JACOBSEN & MILKES 52 E. High Street Carlisle, P A 17013 (717) 249-6427 (717) 249.8427 - Fax Attorney No. 20952 VERIFICATION I hereby verilY that the statements made in the foregoing 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. ~~~I;j~~ LUCYM. HOFFENBECKER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- CIVIL TERM GEORGE HOFFENBECKER Defendant : IN DIVORCE WAIVER OF COUNSELING LUCY M. HOFFENBECKER, Plaintiff herein, hereby states and certifies as follows: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court mamtains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.B. ~ 4904, relating to unsworn falsification to authorities. Dated: q -1S'- ao ~m.pj~ DC M. HOF ECKER ,,~ ' ^ -, ~~~~'rll!dJ;;.IUMt!i~~blj~Y,,~.-,,_ .-L"L""""-"'",',",,-';;'C<ffi:,~~r~iIIi " 111iJl';'~' ~~-""'''''iWIil' -lIiI.Wl">~iir""''''"''''~' .~'.wr~lIliI!IIIIilll -- .,': C) 0 C) .~ 0 ---n ~ ,,:> ell ,A ~ -~ i~ r.l .-,,""!"'I! ;r;= b1 -0 -1,1p: " - -~'Jrf'. "'9 ~ ~'i'i. L!"1- ~;~C} 0- E;' ~ CJ --0 -1: -., ~ '<:: QB ~8 ::l' 8 ~ afn -J:: .~ "" ~ -.;:) Ul "< 0 ~ ~. - g- ~, SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A ,. Lucy M. HOFFENBECKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under s; 3301 (c) of the Divorce Code was filed on September 15, 2000. 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 in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~J~(i~ <<~~~:e~aintiff Date: {g-/~-O(J.. ~ ~, ~,;. f;>"~~wi>iI-"' """._~,~...>'- ~i~;t";"~""''''''- .^ ilLJi .^ o c: -0$:- tnR{ Z'y, ~.~-~ :5:\...-' ~8 Z :;j r;;-) ~k-<') .&;-- "~ C) "" k ~- ~ N o ,) .--; ~l- .;~,~; :~~ ~<,JO ,,,) j ~~':f () r: :r. S~} cq C"') iii, ~ 55 -( "V ::u: , SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA , , '.... . ~ '",''''' '" .-.', ,_ r.~r-,' ,'." - '.1" LUCY M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF vs. : CIVIL ACTION. LAW No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !i3301(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 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~'dm II~L-O"bhd "Lucy M. ffenbecker, Plaintiff Date: to - f f -0 a- liIiIIIlw 'v ~ ~"' ""' , ~ 'iDr,(~;mi'kl'~lm~~_"~ =~""'lt!!.llliJlIiii:r~lioi.1.. ~~ ~ .~ " - .,~ ~'l~- o c -o~; nlCi\ Z-,_ ~~: ~:::C,- >~C:. ?;C~ :r-~S .L-. -l -( C) P..) ,-,. C) "'() ~ '- ";~ lJ .,:1' :1;:,(') ':~~ () c, '.:_:~~i~, grn ::J:": :D -:::. ,'..) .~ ""1;") 3; ::; :".) en " - '.. ~ ..., " ~ _,,-~ -J. ,,'.' > _,. "h,_ "",-:~,,, ,'.-" '''-' _'..\",_ _~ ~.';,,;..:,~__ .."_"~-.~,,.,,_, .,;""'-~ I""__~,,."<;~,,:;;;:;j . . . '" LUCY M. HOFFENBECKER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-6316 CIVJLTERM GEORGE HOFFENBECKER Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Notice to Defend and Complaint Under Section 3301(c) of the Divorce Code (on behalf of George Hoffenbecker and certify that I am authorized to do so). Date:~ Robert G. Frey, Jr. 5 South Hanover Street Carlisle, P A 17013 II -c. ~-.. "'" ." ,~ ~ ;, -1iiiIIiYi1 . ,", ~ '~"~ " Ii'"- ," ,^..~"- . '........ (") C- '0:. -'OCI.: nlr"r~ Z;-:t.. :~C~- OJ L:: -<."- r::c.--:::, <- )> -', 2:(< ">-C, c: 7" =j -, -,~ " .. C> c::> o '-n cn i1"1 "0 f''' .-J -,-~ i';lfE~ ~-::f'n .CTY .~~~ Onl ~;! 5J -< ...."" ~ c:? :.n c...:> ",' SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEVS-AT-LAW 26 W. High Street Carlisle. P A LUCY M. HOFFE~BECKER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA I VS. . : CIVIL ACTION - LAW : NO. 00-6316 CIVIL TERM GEORGE HOFFEtIIIfSECKER, . DEFENDANT: IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: George Hoffenbecker clo Robert F. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 Lucy M. Hoffenbecker, Plaintiff, intends to file with the Court the attached Praecipe to Transmit the record on or after November 30, 2002, requesting that a final Decree in Divorce be entered. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for intiff By: squire II JJ' >';"""""0' ;;.l - ~,' " , ;"",,," ,< ,,'''-. -",', '~ LUCY M. HOFFENBECKER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT: IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prqthonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground-for divorce: irretrievable breakdown under See:{ieA 3301(e13301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Robert G. Frey, Jr., Esquire, attorney for Defendant, George Hoffenbecker, on September 18, 2000, and:filed September 27,2000. 3. (Complete either paragraph (a) or (b)). (a) Dato of e)~e6(,1tieA Elf tho aUiElavit ef sonGont reEl(,liFeEl BY Soc{ion 3301 (c) Elf tRe Divorco CaEle: by the PlaiFltifl' ; by tRe DefeAElant (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: November 6.2002 (2) Date of service of the Plaintiff's affidavit'upon the Defendant: November 6. 2002 4. 5. Related claims pending: None Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: November 6, 2002, mailed, First Class, U.S. Mail, to George Hoffenbecker, cia Robert F. Frey, Esquire, FREY & TilEY, 5 South Hanover Street, Carlisle, PA 17013 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. PA (b) Date PlaiFlliffs '-'Vailler of Notico ill 3301 (c) Divorco '1106 filed with tAc rFetAoFletal)': Data 00roFleaFlt's \^Jaivar Gf ~Joti0a iFl 22Q1 (0) Di'lOF0C ':JUS Hlcs with tA0 PrGtAGFletary: 'ntiff II SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT'LAW 26 W. High Street Carlisle, P A . LUCY M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT: IN DIVORCE AND now, this b CERTIFICATE OF SERVICE day of ~c502, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys, hereby certify that I served the within Affidavit Under 3301 (d) of the Divorce Code, and Notice Of Intention To Request Entry Of Divorce Decree Divorce Code this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: George Hoffenbecker c/o Robert F. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: squire II 1illimIlI" -,~ '-~1 1 "~_:lIil\!lllliI\ti!lilti<d>:>--!!I;!~_li>r~-"-~ ~"iiLiM -~-..j\t$;li~ O~~" ~~. 0 a Ci c fL~,) n \~J '.~' ?: , rn U.~ C;:) :iJ -, ".;:: 7: ..A..' !-~. ,.. I ,Tn (j; .; ("7' " Cl -> ~ '- :3"': -::,;(~) j- "T, .: ; '''1' ?:' -, --- ~.~ ('j > ~~ .- :? ,-n '- ::> )~~ ~:< , 0 CD -< " SAlOIS SHUFF, FLOWER & LINDSAY ATIURNEYS.AT.LAW 26 W. High street Carlisle, PA LUCY M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION. LAW NO. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT : IN DIVORCE AFFIDAVIT UNDER ~ 3301@..QE THE DIVORCE CODE 1. The Parties to this action separated on October 1, 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. ~ ty}.#~i9~frdA) ucy M. Ho ecker Date: / / / (g / () ;:z I I II ... -=.....~~'- -~ '''~- '1'~~.-#<~7ful~U~""'" ~a:ii:.ti -." -^~ ,,-,," - ,-~ ..~~ ~.O~ ~~r.. 0 a 0 c ,'V .,i S ;:r: .--1 .0 f' , {~ -1~ -::\ ITI r-:--' ',-' ::::::'.;,1 I :--(1 2: C' q ~~(~-: 0"', (~) -0 - ,'~ . :~ ~St~ ~.. :oo~ l.J r- C:Srn -I " :.::> 1J .....--, =2 ,0 -< ~... .., r - -._....."'.....i_~y, .""'~. . ......_~.....-'" ~ ,"-<-, .-.-........u ~ , .. LUCY M. HOFFENBECKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Plaintiff CIVIL ACTION - LAW VS. NO. 00-6316 19 CIVIL IN DIVORCE GEORGE HOflENBECKER Defendant STATUS SHEET DATE: I/OtO?-- II ~" -,~.-. ~ LUCY M. HOFFENBECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6316 CIVIL GEORGE HOFFENBECKER, Defendant IN DIVORCE TO: Carol J. Lindsay Attorney for plaintiff Robert G. Frey Attorney for Defendant DATE: Friday, February 8, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. II , . - _.. w. ~~' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. NOTE: DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. II .- LAW OFFICES JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAlOIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL). LINDSAY KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MaCLAY JACLYN M. SMITH SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: clindsay@ssfl-law.com www.ssfl-Iaw.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE March 12, 2003 E. Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Hoffenbeckerv.Hoffenbecker No. 00.6316 Civil Dear Mr. Elicker: I am pleased to advise that the parties in this case have settled their outstanding issues. I enclose two copies of a Property Settlement and Separation Agreement. Would you please vacate your appointment. Thank you very much for your assistance. Very truly yours, CiJSAIDIS' ~I7lUFF, FLOWER & LINDSAY I .w: arol J. Lindsay CJUljb Enclosures cc: Rober! F. Frey, Esquire Lucy Hoffenbecker JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER,JR. CAROLJ. LINDSAY JOHNNAJ. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER, FORREST N. TROUTMAN, II " '~ LAW OFFICES SAlOIS, SHUFF, FLOWER & LINOSA Y A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243.6222 - FACSIMILE: (717) 243-6510 , EMAIL: attorney@ssfI-law.com February 25, 2002 E. Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 Dear Mr. Elicker: RE: Hoffenbeckerv.Hoffenbecker No. 00 - 6316 Civil Enclosed please find Plaintiffs Certification of Discovery. CJUtjb Very truly yours, WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE WER & LINDSAY, P.C. Enclosure cc: Lucy Hollenbecker Robert G. Frey, Esquire FIB 1 1 2(11]2 LUCY M. HOFFENBECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6316 CIVIL GEORGE HOFFENBECKER, Defendant IN DIVORCE TO: Carol J. Lindsay Attorney for Plaintiff Robert G. Frey Attorney for Defendant DATE: Friday, February 8, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ~wt. i'O ~'l (j?UV t7 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. "bJ;l. 2-/ ()V- I DATE /1 i L COUN COUNS NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. SAIDlS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A Lucy M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT IN DIVORCE PLAINTIFF'S CERTIFICATION OF DISCOVERY A. On January 10, 2002, Defendant filed Answers to Interrogatories. The Answers were unresponsive in some regards. The information not provided with the Interrogatories is set out in a letter of January 17, 2002 and attached hereto. The undersigned filed a Petition for a Rule absolute on a Petition filed prior to compel discovery. The Court has provided to Defendant 30 days in which to provide the omitted discovery. The 30 days will be up on March 2nd. B. See the answer to "A" above. II SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT.LAW 26 W. High Street Carlisle. PA ~ ., -, -,~~.. .-~ '\"-r. , , , LUCY M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. : CIVIL ACTION - LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Lucy M. Hoffenbecker, in the above captioned matter. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF By: """"'~' , ~ 1~"'~~~,,"_"'!_'MiR'~_'1!~.Mlli~bIr'i....i.""ullilt4. " q C'..:r C) c... '--n ~ rn -Oru f'"1 -'f': n11'Y' '-:::I p:. Z::r,t ':.-" 7S. ~~: -"."~ ~,...J l~t{i --0 -n ~.;::.. <J c\ ";.' l) .,. ~~() ":;' ~-:. rr: '-~) .C: -, -,r 2::->- ~ ,D ... -< ,~ ''-._,\.. ,- LUCY M. HOFFENBECKER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 6316 CIVIL TERM GEORGE HOFFENBECKER Defendant : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Lucy M. Hoffenbecker, in the above captioned matter. Respectfully submitted, (lye Andrea C. Ja 0 en, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 .,., 'V" "", .', ':,';'-""~'~,,,,,., ~-', ,',- ',,,,,, ' i,'",,,,,,_ ,-, ~ , -',', . ,~ - .,,,,, d "<.I~~'" () ~~~ -oi1:: O:lf~l Z.J..' iil, .J:;.<= "''7 :~ ,~ ~ o ::n (/) fT1 " -q i~'~'" .'~~ _~,-r_ " ~~~ '"'J:;-o: :r; -< .......,1 V ~"J','. - S';) .r::- r. .~: i .J] II I, " :1 'I ,I II Ii .il " " II !I I, Ii II ! I 1 I I ! I ii I I ! i I I ii 1:1 i II ! ii :1 1 I Ii I '~ -.~..,~ -,.,"--..;,~",-""."","~"- " - LUCY M. HOFFENBECKER Plaintiff PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, v. : NO. 00- 6316 CIVIL TERM GEORGE HOFFENBECKER Defendant : IN DIVORCE r.F.R'I'TFT~A'I'F. OF ~F.RVTr.F. I, Shelley Eichelberger, hereby certify that a true and correct copy of the Petition for Special Relief, was duly served to Counsel for the Defendant, Robert G. Frey, Esq., by depositing it in the U.8. Mail on January 24, 2001, addressed as follows: Robert G. Frey, Esq. FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.8. Section 4904, relating to unsworn falsification to authorities. Date: January 25,20001 0,.<' ",",- , ;;":iliiliili'~ .._.':'lIiJi-' ,I..~ '~":lW'iii.~ ~~ , ~ -, ~ ~ ,.' '" ,.,"" -, I _ _, _ , ~ - ~ (") 0 0 c:: -" ~ L ::;J "'005 .:tn. l:ip 111'01 :a:: 2::1) Zc N (;) -'. I.D ~:2: M_.J.(-A :s:;:'C) \J "';---'" ')>C1 -". 5."tl ~c5 -, ~.O c: r:? cyn z w b! =< :0 <::> -< ~.. -~ .: ~'iY - Lucy M. HOFFENBECKER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00-6316 CIVIL TERM GEORGE HOFF EN BECKER, DEFENDANT IN DIVORCE MOTION FOR APPOINTMENT OF MASTER LUCY M. HOFFENBECKER, MOVES THE COURT TO APPOINT A MASTER WITH RESPECT TO THE FOLLOWING CLAIMS: (x) ( ) (X) (X) DIVORCE ANNULMENT ALIMONY ALIMONY PENOENTE LITE (x) ( ) (X) (X) DISTRIBUTION OF PROPERTY SUPPORT COUNSEL FEES COSTS AND EXPENSES AND IN SUPPORT OF THE MOTION STATES: (1) REQUESTED. (2) (3) (4) (5) (6) (7) DISCOVERY IS COMPLETE AS TO THE CLAIM(S) FOR WHICH THE APPOINTMENT OF A MASTER IS THE DEFENDANT APPEARED IN THE ACTION THROUGH ROBERT M. FREY, ESQUIRE THE STATUTORY GROUND(S) FOR DIVORCE IS/ARE 3301 (C)(D) DELETE THE INAPPLICABLE PARAGRAPH(S). (A) THE ACTION IS NOT CONTESTED. (B) AN AGREEMENT HAS BEEN REACHED WITH RESPECT TO THE FOLLOWING CLAIMS: NONE. (C) THE ACTION IS CONTESTED WITH RESPECT TO THE FOLLOWING CLAIMS: NONE. THE ACTION COMPLEX ISSUES OF LAW OR FACT. THE HEARING IS EXPECTED TO TAKE DAY(S) . ADDITIONAL INFORMATION, IF ANY, RELEVANT TO THE DATE: f I /7! rOI ORDER APPOINTING MASTER aJ..1M! a;J~ AND NOW, THIS 30 fh DAY O~M..V\ ' 2002/, ~SQUIRE, IS APPOI~TED MASTER WITH RESPECT TO THE FOLLOWING CLAIMS: BY THE COURT, ~t="~ ~6S~ 'C\ \ L~ (fl~ Q\- 30-0d-. Pi? ci. I) V\ (....l\c.\\e\<.. 1\ e... '~.. ,. ," ll~'('"dI~[~~~"-~.J.. l.U~:~'; j~??-:~ () b fI::: ~ ' f.-: ~r: i:::'-: :i!: tt;7 -) (',J a U~, c) CJ Lr:; a ;;c ..~ ?- ~.- 2 ::'J-;:r oS', 02 <~ ~ ......;: <l-::, [~~ ;;Jt.u ",Q.. ::5 (.) o Coo :~-", , '\' \-i ,~ "rr'HI . '~-'" -"'""""'""~~'MllI.8llil1!;~'r ~,~.~-~_. I...., ': , I [ i I I I I 0 0 C) c:: N ,; ~,... -0 Eo ~ -~j ~59 ;po ~:F~J .."""" "- :z:c r'.) ','j :"t't (f) .'0 U) :C;' T; ~2~~ ~cJ- -0 :~~;~ ~~ ~C) ::J: ,~~~~ ;t>C N c.~ rn c 2:: => ::;: -~ (:0 :D -, -< '" LUCY M. HOFFENBECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6316 CIVIL GEORGE HOFFENBECKER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this jq1'L day of hA IiAAlJ 2003, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated June 19, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, .J. cc: Carol J. Lindsay Attorney for Plaintiff Robert G. Frey Attorney for Defendant ~ ~ S-/9.0Y 0- ,-t"., n,"- 'l' ie, (J t,] f.r '...'.]. , , i i, H ;1 il ';1. " n, _~ ,"" ',';'",.,,' ',"'-0 _<",.'''''__ ' I'-~ ..,~""- ~"~,~~~_lii'T " ,~.".'- '0- ~, ~_ . .' ~-\'i,S~N , ~,,>.' '. ?; t' ..... q '),!,;_~, __,,,' . ,:_.J~\..~T't CI...i\"" ".' '::' ',j, ,n\."\ \J !\~~,l\r\ prC\\,\,~0,\....1 ~~~~0W""'"''---'!'-e'''"'''''''''1'''\!'.;;''~!llii'~~~I.I~_ ~,.,."l!mllIffl r_~'~~,(l"r""',- SAlOIS HUFF, FLOWER & LINDSAY ATIORNEV,-AT.UW 26 W. High Street Carlisle, PA L, ~,I ~ ,~. " Lucy M. HOFFENBECKER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION . LAW : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this I q_ day of 2002, BETWEEN LUCY M. HOFFENBECKER, of 505 Hamilton eet, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter referred to as Wife; AND GEORGE HOFFENBECKER, of 52 Privet Drive, Etters, York County, Pennsylvania 17319, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on September 13, 1975, in Carlisle, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 00-6316 , Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 I I SAlOIS HUFF, FLOWER & LINDSAY ATTORNEyS-AT-LAW 26 W. High Street Carlisle, PA ~~ , - ~"~~' (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 or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no jointly titled debts of the parties, marital or non-marital for which the other might be liable incurred prior to the signing of this Agreement. 1: Husband shall pay any and all obligations to creditors of his and shall indemnify and hold Wife harmless against any claim by those cred itors. 2: Wife shall pay any and all obligations to creditors of her and shall indemnify and hold Husband harmless against any claim by those cred ito rs. 2 I I SAlOIS HUFF, FLOWER & LINDSAY ATIORNEVS-AT.LAW 26 W. High Street Caylisle. P A ~~ ",",,'_ I, '""", 3: The parties acknowledge that upon their separation, each had debt, some of which may have been marital and some of which may not have been marital. It is the parties' agreement that they wish to make no further inquiry into the marital or non-marital nature of the debt and that they are content to pay any debt for which they are the sole obligor. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on October 1, 2000 the party who incurred said df(bt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (4) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Wife will retain the retain the 1996 Nissan and Husband shall retain the 3 II II _J SAlOIS HUFF, FLOWER & LINDSAY ATIORNEVS.AT-LAW 26 w. High Street Carlisle, P A 1993 Chevrolet Van and his Harley Davidson Motorcycle. (5) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as maybe in the individual possession of each of the parties hereto. (6) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Nevertheless, Husband will transfer to Wife one-half of his Civil Service Retirement System Pension. The first of such payments of one-half of the net pension shall be due on or about the 10th day of each month following the month of the execution of this Agreement and shall continue by direct payment from Husband to Wife until a Domestic Relations Order can be entered, transmitted to the Office of Personnel Management and effecting a direct payment from the Office of Personnel Management 4 SAIDIS HUFF, FLOWER & LINDSAY A'ITORNEYS.t\.T-LAW 26 W. High Street Carlisle, P A . , .-,~.J "' -' of her share of the Pension to Wife. The parties acknowledge that between the date of their separation and the date of this Agreement, Husband has been receiving the entire pension on a monthly basis. As part of the consideration for entering into this Agreement, Wife waives any claim she has to a share of post-separation payments received by Husband to date, except to the extent that those help to fund the spousal support which she has received through the Office of Domestic Relations. (7) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (8) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband is represented by Robert F. Frey, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. 5 I I SAIDIS HUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA -~~,~ , _. ....g (9) ADDITIONAL INSTRUMENTS: Each of the parties shall frorn 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. (10) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (11) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 6 i I SAlOIS HUFF, FLOWER & LINDSAY ATIORNEVS'AT'LAW 26 W. High Street Carlisle. P A .~ ~ " (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. I Ii !I jl II 7 SAlOIS HUFF, FLOWER & LINDSAY ATIORNEYS'Ar'LAW 26 W. Hi~h Street Carlisle, P A - (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; 8 SAIDIS HUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A - . "~, G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue 9 II SAIDIS HUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle. P A 'J "" ,,~L . I _'"":: ~. for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Ji. 10 I I SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A Lucy M. HOFFENBECKER, PLAINTIFF/MOVANT VS. GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAw No. 00-6316 CIVIL TERM IN DIVORCE ORDER OF COURT (( ~ day of 1>! c c--J~ ( , AND NOW this , 2001, upon consideration of the within Motion to Compel Discovery, a Rule is issued upon Respondent, George Hoffenbecker, to show cause why he should not be compelled to answer the Interrogatories propounded. RULE returnable 2,0 iI days from the date of service hereof. BY THE COURT, (') s ~1~ U.') . f5i:::; if C) j:;' (-) 'C ~i """' :...; (::, J. C) :::-:r 0"1 ;.) " -\:"J ~~-~ _c., ~,? -,:;.-". =0 -< '-", 1 ~ .~ r.:) J~f -r~ ., "- '" .... ~ , " , .........,-" -'J4...-Ji~J;it,f;L~iP.1I'jl~ilf1lm.ilij~o1lIIjj ~<- .~ - ~lilliiillo1iW~_Ji ~. , _'u .', . u , ~" SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 w. High Street Carlisle. P A ',," - , . . .'1 'I'_ci~,'~i Lucy M. HOFFENBECKER, PLAIN!rIFF/MoVANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAW : No. 00-6316 CIVIL TERM GEORGE HOFFENBECI{ER, DEFENDANT/RESPONDENT : IN DIVORCE MOTION TO COMPEL DISCOVERY NOW COMES Lucy M. Hoffenbecker, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and moves this Honorable CQurt as follows: 1 . The parties hereto are husband and wife havidg been joined in marriage on September 14,1975. 2. On September 15, 2000, Movant filed a Complaint in Divorce. 3. On October 16, 2001, Movant served a set of Interrogatories on Respondent. A copy is attached as Exhibit "A". 4. More than 30 days have passed and the answers to the Interrogatories have not been filed and served. WHEREFORE, Movant prays this Honorable Court to issue a Rule on the Respondent to show cause why he should not be compelled to answer the Interrogatories propounded. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS 1'0 INTII' ANT By: . LINDSAY, SQUIRE ID# 44693 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATIORNm'S-ATeLAW 26 w. High Street Carlisle, P A , ,,' ,," ~, ,,' ,.-1. ,,' ,= ". "~ .,,, "'~"'1 ; I VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: ( ~f,oIv7dJf I SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNf:YS-AT-LAW 26 W. lligh Street Carlisle. P A "I Lucy M. HOFFENBECKER, PLAINTIFF/MoVANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE AND now, this CERTIFICATE OF SERVICE ~ day of ~ 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Motion to Compel Discovery this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FO INT I NT By: CA L. L NDSAY, ESQUIRE 10 44 3 2 EST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 " II ""'-"_ ~_J PLAINTIFF ."" !, .~ ~ ,:' .'., ... /," q jj I! ~ <.fi; COPY IN THE COURT OF COMMON PlEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lucy M. HOFFENBECK:ER, V5. CIVIL ACTlON . LAw : No. 00-6316 CIVIL TERM GEORGE HCilFFENBECKER, DEFENDANT : IN DIVORCE INTERROGATORIES OF PLAINtiFF ADDRESSED TO DEFENDANT TO: GEdRGE HOFFIi'NBECKER clo ROBERT G. FREY, ESQUIRE FREY AND TILEY 5 SOUTH HANOVER STREET CARLISLE, PA 17013 YOU ARE HEREBY NOTIFIED THAT YOU ARE REQUIRED, PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 4005, TO SERVE UPON THE UNDERSIGNED, WITHIN THIRTY (30) DAYS, AFTER SERVICE OF THIS NOTICE, YOUR ANSWERS IN WRITING UNDER OATH TO THE FOLLOWING INTERROGATORIES. THESE INTERROGATORIES SHALL BE DEEMED TO BE CONTINUING AND IF, BETWEEN THE TIME OF YOUR ANSWERS AND THE TIME OF TRIAL IN THIS CASE, YOU, OR ANY ACTING ON YOUR BEHALF. LEARN OF ANY FURTHER INFORMATION NOT CONTAINED IN THESE ANSWERS, YOU SHALL PROMPTLY FURNISH THAT INFORMATION TO THE UNDERSIGNED BY SUPPLEMENTAL ANSWERS. SAlOIS, SHUFF, FLOWEIl & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF I . \: /'1 / ~ (J . . ~I 1'1/""7';- \ By: I ..' .. CAROL J. L.INdSAY, ESQUI 10# 4469Y 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 DATE: EXHIBIT i .' \\ v , II n IL. Lucy M. HOFFENBECKER. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT IN DIVORCE INTERROGATORIES ADDRESSED TO GEORGE HOFFENBECKER. DEFENDANT PLAINTIFF, lUCY M. HOFFENBECKER, PROPOUNDS THE FOLLOWING INTERROGATORIES TO DEFENDANT, GEORGE HOFFENBECKER, WHICH MUST BE ANSWERED WITHIN THIRTY 130) DAYS OF SERVICE HEREOF. 1. DURING YOUR EMPLOYMENT WITH THE FEDERAL GOVERNMENT, 010 YOU CONTRIBUTE TO THE THRIFT SAVINGS PLAN? IF THE ANSWER IS IN THE AFFIRMATIVE, PROVIDE DOCUMENTARY EVIDENCE OF THE BALANCE IN YOUR THRIFT SAVINGS PLAN ACCOUNT ON THE DATE OF YOUR RETIREMENT, ON OCTOBER 1, 2000, AND PRESENTLY. ANSWER: 2 II - 2. liST ALL EMPLOYERS FOR WHOM YOU HAVE WORKED SINCE JANUARY 1, 1999 TO THE PRESENT, AND THE WAGES YOU RECEIVED FROM THAT EMPLOYMENT, HOURLY, WEEKLY, MONTHLY, OR ANNUALLY. ANSWER: 3 3. Do YOU CLAIM MARITAL OEBT? IF SO, ATTACH HERE COPIES OF ALL STATEMENTS OF CREDIT CARDS FOR THOSE ACCOUNTS CLAIMED AS MARITAL DEBT FROM JANUARY 1, 1995 TO THE PRESENT. ANSWER: 4. UPON YOUR RETIREMENT, OlD YOU RECEIVE ANY KIND OF BONUS, SEVERANCE, OR OTHER PAYMENT OVER AND ABOVE YOUR REGULAR WAGES? IF SO, STATE THE AMOUNT OF THE BONUS, THE DATE YOU RECEIVED IT AND THE NAME OF THE BANK AND ACCOUNT NUMBER INTO WHICH THE BONUS CHECK WAS DEPOSITED. PROVIDE DOCUMENTARY EVIDENCE FOR THE OISPOSITION OF THE BONUS. ANSWER: 4 5. WITHIN THE LAST TEN (10) YEARS, HAVE YOU OWNED A LIFE INSURANCE POLICY INSURING THE LIFE OF LUCY HOFFENBECKER? IF THE ANSWER IS IN THE AFFIRMATIVE, PROVIDE THE NAME OF THE liFE INSURANCE COMPANY AND THE POLICY NUMBER. PROVIDE DOCUMENTARY EVIDENCE OF THE CASH VALUE OF THE LIFE INSURANCE POLICY. IF THE LIFE INSURANCE POLICY IS NO LONGER IN EFFECT, STATE THE LAST DATE UPON WHICH PREMIUM PAYMENTS WERE MADE. FOR ANY LIFE INSURANCE POLICY DESCRIBED IN THIS PARAGRAPH, PROVIDE THE NAME AND TELEPHONE NUMBER OF THE AGENT THROUGH WHOM THE POLICY WAS PURCHASED. ANSWER: SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF By: CARO . LINDSA , ESQUIRE I' 693 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 5 VERIFICATION I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN 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. GEORGE HOFFENBECKER DATE: 6 " '~ Lucy M. HOFFENBECKER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTlON . LAw : No. 00-6316 CIV1L TERM GEORGE HOFFENBECKER, DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, THIS I f7 DAY OF Uf..//rr;1 / 2001, I, CAROL J. liNDSAY, ESQUIRE, OF THE LAW FIRM SAIDIS, SHUFF, FLOWER & LINDSAY, ATTORNEYS, HEREBY CERTIFY THAT I SERVED THE WITHIN PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANT THIS DAY BY DEPOSITING SAME IN THE UNITED STATES MAil, FIRST CLASS, POSTAGE PREPAID, IN CARLISLE, PENNSYLVANIA, ADDRESSED TO: GEORGE HOFFENBECKER C/O ROBERT G. FREY, ESQUIRE FREY AND TilEY 5 SOUTH HANOVER STREET CARLISLE, PA 17013 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C, ATTORNEYS FOR PLAINTIFF /" 'f By: SQUIRE 7 IDl1l16!. i ~ >iiR~~IUlijllilliliiiil!lilllii.l!it:Wi'!ilIh\!~~~ii"g'1Jm"d1"'Y."\kd".Gli:'04,,,,,,*!_,,,;!,l<tllj~ ~- '. ':'~~.~Iodll:llilll~' ~.~"'" ~~","~."' '" _,~_ ~~"O~.~'" ..,.,. .^. '" -. - ':!lli!fiil",". -"" ~ ^ -,.~ -,,~,,' ,~ - '1-',-, C~i;: '. , g;'~;',;' ~{~i ,~~~CI >;g -< I-","~ -,.~,'"'._, ,- o f.:; :" 'D C.::> '::> ", ) I --I ,) ::r-..: ... J " (~j :;--1 5j -< ~""~ .,,-_. ~, ~ -,,,~ _ J _-_.>~>_," LUCY M. HOFFENBECKER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 31st day of January, 2001, by agreement of the parties, it is ordered and directed as follows: 1. The Defendant shall return possession of the 1996 Nissan vehicle to Plaintiff on or before February 10, 2001. 2. If Defendant fails to return the vehicle to the Plaintiff by said time, he will pay"her $40.00 per day thereafter until the vehicle is delivered to her possession. 3. The parties agree that they will take all necessary steps to transfer title of the vehicle into the name of Plaintiff. Plaintiff will pay the costs of said transfer. plaintiff shall be responsible for the insurance on the vehicle at all times after February 16, 2001. Prior to that date, Defendant shall be responsible to see that the vehicle is p~operly insured. Nothing in this order shall be deemed in any way to prejudice the rights of either party from claiming their appropriate share of the value of the vehicle as part of any, ~~ equitable distribution in this matter. ~ By the Court, ~~D\ C~O~Dw. J. Andrea C. Jacobsen, Esquire Attorney for Plaintiff srs Robert G. Frey, Esquire Attorney for Defendant Sheriff .- '1~~,.", .,~. - ~~~ . r::if..ED--(J!::;:'ICE "'~' ,-. F,"'" ' "'1 '/"-""A '-1\1 U'" ',..., '<.X":ULI--\r J O! FEB -2 f\H 9: i 2 ~.U' ".'1. ..., ,. .-., "^'l"'1Y \".,1 d:WI:::i"lL./-\:'\U uU Jl'l PH-.JNSYLVA,NIA 1J.~t~~~_~ft q",IJ_fll~.~~l~~I~;i)'il;"'~fR-"i~W'WUffUr~,'w.\~WI1I!I~i~FJWl!l-~_m lJ1 ~~ ~J.~F . '"' " A. '. ~ ,-',,-' ~,'<~, A' H'- ~-_, ' -~ , L-. ..-....!.iio-. LUCY M. HOFFENBECKER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 6316 CIVIL TERM GEORGE HOFFENBECKER Defendant : IN DIVORCE RULE TO SHOW CAUSE IN RE: PETITION FOR SPECIAL RELIEF AND NOW, this ,. r~ day of ~ · }-, 2001, upon consideration of Plaintiff's Petition for Special Relief, a Rule is issued upon the Respondent/Defendant to show cause why the relief requested within the petition should not be granted. Said Rule is returnable at a hearing to be held the 3 ,tiT"" day of r' -- , 2001, at the Cumberland County Courthouse, Courtroom No. ~ ,at~: ~6,..m., Carlisle, Cumberland County, Pennsylvania. J. ~ ~.\~ 6,0\ \.f oy~~ '" ' F!!JIl-Oi:FiGE ("\C" "', ,,-,-.-..." ""'("\TAF1V Ut !:~:: ;~';";)11-lv:'\1 .il 01 Jf\N 25 PM 3: I 8 CUMt3ERU\i~D COUNTY PENNSYLVANiA ,~ - ','. \, "<', _"L "1.'.,,,_"_ ,~__~,",_w_",'o-_ L' ;;-" ',_ ,'" I .~" i'~~""",:""e", ,,-,-,-,,<-",,--,'~-""'- "'J "'" - 0., -0>,,' _'_,. '_"<__' 'c';,o;',_____-_ L LUCY M. HOFFENBECKER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 6316 CIVIL TERM GEORGE HOFFENBECKER Defendant : IN DIVORCE PFTITION FOR SPECIAL RELIEF AND NOW COMES Lucy M. Hoffenbecker, by her attorney, Andrea C. Jacobsen, JACOBSEN & MILKES, and petitions for special relief under the Divorce Code as set forth below. In support hereof, petitioner avers as follows: 1. Petitioner is LUCY M. HOFFENBECKER, plaintiff herein, who currently resides at 505 Hamilton Street, Carlisle, Cumberland County, PA 17013. 2. Respondent is GEORGE HOFFENBECKER, defendant herein, who currently resides at 52 Privet Drive, Etters, York County, PA 17319. 3. The parties were married on September 14, 1975. In or about September 2000, respondent moved out of the marital home. 4. By Order of Court dated November 6, 2000, entered upon consent, respondent is to pay spousal support to Wife in the amount of $330 per month, with the arrearage of $630 due in full immediately. 5. At the time of the Order, petitioner agreed not to require immediate income withholding based on respondent's representation that he would make timely direct payments of his support obligation. ~ '.s_",_,_' ;, "~i 6. On November 28, 2000, a Notice of Non-Compliance was issued by Domestic Relations. The Notice, copy attached hereto and made part hereof as Exhibit A, states: Your first payment was due by November 17, 2000; payment was not received until November 24, 2000. You are also ordered to pay the sum of $30.00 per month on the accrued arrears. If you do not make up the payment due November 17, 2000 of $330.00, plus the $30.00 that was not included in your November 24, 2000, payment, by December 17, 2000, a wage attachment will be issued to your retirement account. 7. Subsequently, a wage attachment was in fact issued. 8. At the time of separation, the parties owned three marital vehicles - a Chevy van and a Harley Davidson motorcycle used by George, and in his possession, and a Nissan Sentra, driven by Lucy, and in her possession. 9. The Nissan Sentra is titled in respondent's name. 10. In or about late November or early December 2000, shortly after the wage attachment, respondent called petitioner and told her that he was coming to get the Nissan because his van was in the garage. He told her that he was not going to walk 20 miles to work. He told her he would call her and let her know the status of the work being done on the van. Shortly thereafter, respondent took the Nissan, leaving petitioner with no vehicle. 11. Respondent is living in York County and is employed in Carlisle. Respondent is a former employee of the Mechanicsburg Navy Depot. He retired from there in or about August 1999 at age 48. He currently draws a retirement benefit in the amount of $1,360.00 per month. .1 "-_,0. ..,'"' 0', J.-, ,-, ,,';/11 12. Respondent is presently working part time. Petitioner does not know the exact location of respondent's home, or his job, but she understood that her husband needed a vehicle to get to work while the van was being repaired. Petitioner was willing to place a burden upon herself for a few days so that respondent would not have to miss any work. 13. Petitioner has not heard anything from respondent since he took her vehicle. Petitioner has no way to contact respondent directly. She doesn't know his home phone or his work phone. 14. Petitioner has attempted to reach respondent through counsel. By telephone contacts and correspondence, plaintiff has asked respondent's counsel, Robert G. Frey, Esq., to find out the status of the vehicle and when it will be returned. Respondent's counsel has not provided any definite answers regarding when the vehicle will be returned. 15. Respondent's counsel has been advised that, this petition is being filed with the Court. 16. Petitioner is employed as a program advisor at a group home operated by Cumberland-Perry Association for Retarded Citizens located at 217 South Hanover Street, Carlisle, PA. Her work is located approximately 2 miles from her home. She frequently works late evenings until 10:30 at night. Her means of transportation to work had been the Nissan vehicle. 17. The Nissan is her only means of transportation. She is walking to and from work each day, returning home late at night, often in unpleasant weather. 18. Petitioner believes and therefore avers that respondent is withholding the Nissan from her in retaliation for her claim against him for spousal support. 19. Petitioner is greatly prejudiced by respondent's possession of the Nissan vehicle subject to equitable distribution in this matter, which is marital property. 20. Petitioner's net monthly income as determined by the Domestic Relations Section of this Court is $1,345.06. She has minimal savings and no means to purchase a new vehicle. WHEREFORE, Petitioner requests that this Court enter a Rule upon respondent directing him to show cause why he should not be ordered: to immediately return the Nissan vehicle to petitioner pending final distribution by the Court; to direct the immediate return of the vehicle pending determination of the Rule; and to grant such further relief as this Court may deem proper and just. Respectfully submitted, BY: A tJrea . Jacobsen JACO N & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 20952 , In the Court of Common Pleas of CUMBERLAND P.o. BOX 320, CARLISLE, PA. 17013 , County, Pennsylvania Phone: (717) 240-6225 Fax: (717) 240-6248 NOVEMBER 28, 2000 Plaintiff Name: LUCY M. HOFFENBECKER Defendant Name: GEORGE HOFFENBECKER Docket Number: 00821 S 2000 Member ID Number: 2694100625 Other State 10 Number: Please note: All correspondence m.ost include the Member lD Number. Notice of Non-CoIDlJliance (Financial Only) GEORGE HOFFENBECKER 52 PRIVIT DR ETTERS PA 17319-9019 Dear GEORGE HOFFENBECKER Our records indicate that you are not in compliance with your Sl:lpport order dated NOVEMBER 6,2000 intheamountof$300.00 permonthplus$30.00 per month in arrears. Your total arrears balance is $ 600.00 Failure to comply with your present order of support will result in further enforcement action. Failure to respond to this notice within 20 days will result in further enforcement actions being initiated. These actions may include a contempt hearing before a Judge, issuance of a bench warrant for your arrest and possible incarceration for failing to comply with your Support Order. Sincerely, a:-~, rrr 1'? . Sc 0<) I\.S e r 4'S <:<>I.H\.'S.Q. [ tf}~1 ~ :?"e d -L!t'- rM:.'~CAL~ Service Type M Form EN-527 Worker ill 21105 E.)(1-\.\6\T A Func C===-=JTRNL FhiantialTrallsactiol1 Log CAlVMIMH H!211~lallll:25 .. , , ,. , C/I.8E ID [iir[f~?~Jin Qist Hold tI . .... .. Pa Y Dr: . 26!J41 00625 HOFfHIBECKEFt, (jEOHGE Pavee . 16!1410!lll20 HOHHIBFCKFR, LUCYM. Toie,l 081.1\ 881ancei 6ll0.oti r- I Faym' has fUlurecollection'.ll.1)) h()ld,!4 :t'l20utH 124K1\0011J24nll . 2H6!l4111011201 . Tr_ans, Amt 630.00 .,.25JJO ,5.0il.. 30n.1I0 3110.00 31)0.1)11. Debt 0,,[. 630.00 605.00 601l.01l 900.011 600.011 6110.00 LV,XE HI(J61lJO i 'll106101J HlIJ6lI1IJ 1'112!l!lllJ l1rJ.-1lUO 11.12-1~Jll TI2ms,.:;jctio~'( D~)~\C:fiptr6i'1 NEW OUlIGA nON MAN ARH NORM 1\1),1 MAN AIm NOf<J\i1 "DJ ACCPJJAL TRANS NORMIl.L mSllllOUTION OISmlllSf:tIlENT R~~fe.f~~I'.l.C;~) ID . BAC~ 1 I 1 YOUR FIRST Pi\ YMENT WAS DUE BY NOVEMBER 17, 2000; PAYMENT WAS NUl' RECFIV[;I) UNTIL NOVEMBER 24, 21.10(l. 'y'OU ARE ALSO OR[JliRFIJ 1'0 PAY nlr: SUM elF $311.00 PER l..tONTII ON TilE ACCIIJ!I.iD ARRE/\RS. IF YOU DO NOT' l\IAKE UP THE PA YI\IENT DUE NOVEMBER 17, loon, OF S.J:)OJJII, PLUS THE $30.110 THAT WAS NOT !~~Cf .1.iDI<D p\j YUUR 'fJ\Y/E.i\:]BER };1., 2000. PA'fMFJ\jT, H"{ UECEi'vlBER 17,2000, i\ \Vr\CiE ArrACH~,/fENT' \VILL BE ISSUED TO ''{OUR RETIRFME!,,!'r ACC'OUNT , ....~- - ~ - '" ~ VERIFICATION I hereby verify that the statements made in the foregoing are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Dated: L 2-5 fLeD i 0~ m. -k'~1~ ILJ:)Jelzr0 UC M. HOFF ECKER ""_"II'''.'.lt~.'''i..\W.Ml'lii''\~"w;;gu"""mi<l,"",1II...~~1t_;,;-'''h'.~",;l''>hii""",!i"o_,"J?i.dj'""a.i,."-.::"-<_I"~'.;""'=1!"'j",~,,,',_~I&i~lii>l",JII>~~~iHM.".. _.~ ,"". ~ ~ " <, "-~"~-"- , ,-~ .Y.. ~, ~'~~_>>N o~" " '~N ~~~~ ,~~~~. tl 0 ;c.) ~ " ..,yEu ~ ....rlt "'" f~l ;;g [!1-r;!i .- 27: "",- zC' N }1Ej (j).:'~: ..c:;w ~""- ~~'C; <C.~) ;po. . ----'--", ;PO -....... 0"" 20 ....;.!~ z') )>c 5 O~n Z c- ~ -"'I "< ()"'\ -< - LUCY M. HOFFENBECKER, Plaintiff v. GEORGE HOFFENBECKER, Defendant // /,carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff ) vobert J. Frey, Esq. 5 South Hanover Street Carlisle, P A 17013 Attorney for Defendant 1 -' "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-6316 CIVIL TERM BY THE COURT, oJJ L~JJ'[~xs 0 0 0 c ~"'" :: 'Tl .," ...., " --- rr~ ~ 'j<'1 f'Tj -. ?~ .--:) ':JJ f ; .- I (<'., 0 ~;::' ..- "C~ _0. ,~> .~'", ~~ > '.1 r'J C~ z- 1.- -1:.< ."-i '::0 -< --I -< -" "J'~ SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Slreet Carlisle, P A . , 1," , Lucy M. HOFFENBECKER, PLAINTIFF/MoVANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE ORDER OF COURT AND NOW this day of , 2002, upon consideration of the within Motion for Rule Absolute, the Rule of this Court issued on December 11,2001 is hereby made absolute. DEFENDANT George Hoffenbecker is ordered to provide the emitted discovery within days of the date of this Order. BY THE COURT, J. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A " Lucy M. HOFFENBECKER, PLAINTIFF/MoVANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE MOTION FOR RULE ABSOLUTE NOW COMES Lucy M. Hoffenbecker, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and moves this Honorable Court for a Rule Absolute: 1. On December 7, 2001, Plaintiff filed a Motion to Compel Discovery. A copy of the Motion, without exhibit, is attached hereto as Exhibit "A". 2. A Rule to Show Cause was issued by this Court on December 11, 2001, returnable 20 days from the date of service. 3. Answers to the Interrogatories were served on January 10, 2002. A copy of the Interrogatories as answered is attached as Exhibit "B". 4. The answers to the Interrogatories are not responsive as set out in the letter to counsel attached hereto as Exhibit "C". WHEREFORE, Movant moves this Honorable Court to issue a Rule Absolute requiring the Defendant to answer the Interrogatories in a responsive manner. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS F P F OVANT SQUIRE II -a ~_",_'"__ """. ... ,~_, ~___""",~~_~~_' q <_ I 'I :1 il .1 :[ d I ! i , :i I , I , 'i , :1 I ". . '^~-'~ ~ ~ FILHH)fFICl: OF if::: H:::::T~IONOTARY 02 JAil 22 Pl~ 2: h6 CUlvIBEFiLAND COUNTY PENNSYLVANIA . . , -~ +1111[ 1IIlII\MiIl!!II~~. ~~~ !;IJ:1l1~~~~r~'I!WillI~~' , ,r... _"_', ~..,.,_ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 w. High Street Carlisle. P A . to ) VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: Olll7ft) 2--. / II SAIDIS SHUFF, FLOWER & LINDSAY ATI'OllNI!.'YS.A'NAW 26 W. IUgh Street Carlisle, PA ,--,- , ,,,,( . Lucy M. HOFFENBECKER, PLAINTIFF/MoVANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE CERTIFICATE OF SERVICE AND now, this ~. / day of 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHU , FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Motion for Rule Absolute this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 By: C RO J. LINDSAY, ESQUIRE I 693 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 II SAlOIS , FLOWER LINDSAY 'l7QiNDSeAT.f.AW 6 W. fligh Street carlisJe. P A , " Lucy M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF PLAINTlFF/MoVANT : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE ORDER OF COURT AND NOW this II If: , 2001, day of /..Y.lW".!-'-<-'--' upon consideration of the within Motion to Compel Discovery, a Rule is issued upon Respondent, George Hoffenbecker, to show cause why he should not be compelled to answer the Interrogatories propounded. RULE returnable ;20 days from the date of service hereof. BY THE COURT, /.0/ Q. lu~~ (!)/pu Q. / I . J. rn,~JE C' - :q,ECCF?D " "'''''1\', '>"'1 II'"" lo-'.lru'll - "'..! ":r--_. '.\:1 H~HV ~~'~: Prothonotarl Ii: ';J:::L ";"."_C"'- "'...,- af:d ~-i';j; :,'b~:j: G7 rillS (/ ~j dav ( L4:" / .:&I.Hla'lrt ',L' _', l '~..;;.^...'.. ." ~l-\ ";~""~'C' . . ,_ SAIDIS UFF, FLOWER & UNDSAY -AT-LAW W. High Street Carlisle. P A " LuCY M. HOFFENBECKER, PLAINTIFF/MoVANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUN"TY, PENNSYLVANIA VS. CIVIL ACTION. LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE (;. r-:'J .;:-- " " '"J ,1 MOTION TO COMPEL DISCOVERY .<c._. . .-J "') ", .:"-) , . '-c... r , 1-,'; NOW COMES Lucy M. Hoffenbecker, by and through her coJnl'el, SAIDIS:",~ :1 .~ d2 :..) ~ \.0 -<. -< SHUFF, FLOWER & LINDSAY, and moves this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on September 14,1975. 2. On September 15, 2000, Movant filed a Complaint in Divorce. 3. On October 16, 2001, Movant served a set of Interrogatories on Respondent. A copy is attached as Exhibit "A". 4. More than 30 days have passed and the answers to the Interrogatories have not been filed and served. WHEREFORE, Movant prays this Honorable Court to issue a Rule on the Respondent to show cause why he should not be compelled to answer the Interrogatories propounded. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR INTIF ANT ~ ' By: . liNDSAY, SQUIRE ID# 44693 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 ~ ~. ""~,~-~-~ >. .. -~ ~,.-.,~"~,. SAIDlS UfF, FLOWER LINDSAY lTOilNEYS.AT.lAW 6 W. High Sir.., Carlisle. PA " VERI FICA TION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unswom falsification to authorities. DATE: I -z-../OSLDf J SAID IS , FLOWER LINDSAY ^T"U.W 6 W. High Street Carlisle. P A ~" - ., Lucy M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF PLAINTlFF/MOVANT : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER. DEFENDANT/RESPONDENT : IN DIVORCE AND now. this CERTIFICATE OF SERVICE fj'Fh day of ~k- 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF. FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Motion to Compel Discovery this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. A1TORNEY/~FO\INT ;1 NT By: e .'t~ CAROq. liNDSAY, ESQUIRE 10# 44393 2s-wEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 - ~ ~ . '~ . . , ., ., Lucy M. HOFFENBECKER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT : IN DIVORCE INTERROGATORIES OF PLAINTIFF ADDRESSED TO DEFENDANT TO: GEORGE HOFFENBECKER clo ROBERT G. FREY, ESQUIRE FREY AND TILEY 5 SOUTH HANOVER STREET CARLISLE, PA 17013 YOU ARE HEREBY NOTIFIED THAT YOU ARE REQUIRED, PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE No. 4005, TO SERVE UPON THE UNDERSIGNED, WITHIN THIRTY (30) DAYS, AFTER SERVICE OF THIS NOTICE, YOUR ANSWERS IN WRITING UNDER OATH TO THE FOLLOWING INTERROGATORIES. THESE INTERROGATORIES SHALL BE DEEMED TO BE CONTINUING AND IF, BETWEEN THE TIME OF YOUR ANSWERS AND THE TIME OF TRIAL IN THIS CASE, YOU, OR ANY ACTING ON YOUR BEHALF, LEARN OF ANY FURTHER INFORMATION NOT CONTAINED IN THESE ANSWERS, YOU SHALL PROMPTLY FURNISH THAT INFORMATION TO THE UNDERSIGNED BY SUPPLEMENTAL ANSWERS. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF By: CAROL J.! 10# 4469 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 DATE: .. !i'"...!!......'.'.'... ....!iif. ............ ...' ,;" '.!; l ",:~-'_c:~~~~'.~ " "''-_, _!~ ,~- " _i.'"_ --> n'.~is" ~. . "^ ~~- ~, " , ;., ,j ,~- < j .' Lucy M. HOFFENBECKER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION. LAW No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT IN DIVORCE INTERROGATORIES ADDRESSED TO GEORGE HOFFENBECKER. DEFENDANT PLAINTIFF, LUCY M. HOFFENBECKER, PROPOUNDS THE FOLLOWING INTERROGATORIES TO DEFENOANT, GEORGE HOFFENBECKER, WHICH MUST BE ANSWERED WITHIN THIRTY (30) DAYS OF SERVICE HEREOF. 1. DURING YOUR EMPLOYMENT WITH THE FEDERAL GOVERNMENT, DID YOU CONTRIBUTE TO THE THRIFT SAVINGS PLAN? IF THE ANSWER IS IN THE AFFIRMATIVE, PROVIDE DOCUMENTARY EVIDENCE OF THE BALANCE IN YOUR THRIFT SAVINGS PLAN ACCOUNT ON THE OATE OF YOUR RETIREMENT, ON OCTOBER 1,2000, AND PRESENTLY. ANSWER: Yes. The Thrift Savings Plan was liquidated at the time of retirement on September 30, 1999. After payment of taxes and penalty, the net amount received was slightly more than $700.00. Defendant is attempting to retrieve a copy of that statement from his records or from his former employer. 2 .,' ., " 2. LIST ALL EMPLOYERS FOR WHOM YOU HAVE WORKED SINCE JANUARY 1, 1999 TO THE PRESENT, AND THE WAGES YOU RECEIVED FROM THAT EMPLOYMENT, HOURLY, WEEKLY, MONTHLY, OR ANNUALLY. ANSWER: Employer: Dani\ 21 Roadway Drive, Carlisle, Pennsylvania, 17013 Previously employed part-time, currently employed full time at an hourly rate of $10.00 per hour. Emplyed since February, 2000. Prior employer through September 30, 1999; Civil Servant employed at New Cumberland Army Depot. 3 ,~ h ~ " r".' j -I 3. Do YOU CLAIM MARITAL DEBT? IF SO, ATTACH HERE COPIES OF ALL STATEMENTS OF CREDIT CARaS FOR THOSE ACCOUNTS CLAIMED AS MARITAL DEBT FROM JANUARY 1, 1995 TO THE PRESENT. ANSWER: Yes. Copies of statements for credit cards are attached. It is to be noted th~t the ,J1Ilembers F+fst Visll &; the Mel}qers Fi:st personal,service lo~n Were ,consolIdated by pefe~4al\t or October 2~, ~O~l Wltp a loan secured by hiS aut8mobile and motorcycle. ' A COpy of this loan is also attached. 4. UP N YOUR RETIREMENT, plD YOU RECEIVE ANY KIND OF BONUS, SEVERANCE, OR OTHER PAYMENT OVER ANa ABOl' YOUR REGULAR WAGES? IF SO, STATE THE AMOUNT OF THE BONUS, THE DATE YOU R EIVED IT AND THE NAME OF THE BANK ANa ACCOUNT NUMBER INTO WHICH THE BONUS . ECK WAS DEPOSITED. PROVIDE DOCUMENTARY EVIDENCE FOR THE OISPOSITION OF THE B6NUS. ANSWER: Yes. Defefldant received a severance pay of $25,000.00 which was included in his annual income for the year 1999. A copy of the statement for income for the year 1999 is attached. From the severance pay, the loan on Plaintiff's car having an approximate balance of $5,400.00 was paid off. An additional sum of approx~ imately $7,500.00 was paid for income taxes owedasa result of :the distribution. 4 - _.j~1IHili - -,,,__e i.",:"... <;,' ,"~l ilOlill'.~-~~" , l_ "....,J', ;'r.t' '"-li<~~\c):oSEO:ENQ NOTEi'DlsCLOSURE, f . : ';':'lOAN'ANO'SECl!Rrh'"AGREEMENTS \ I, I .~, . ':';M- -"'.'<>.,..' ~'<""'b' - ,....,. .,'~.,-j~;ij;J:;:tl~;~',~~~I;~I'I:~N:: 'f' ,.€m, ,e:r:s..z.'~.;'h;"-~;~c"> I" ;".F;~~~~~~~lr~r~:;~(:;~.~;~~:~~:i~.t-?t~n}~~Mi~ lIOClA!-'SEC\JJllTVNUMWI"'''l:;.:':. . . .:.....:~ ,,,,!TIil?'; ~~t. I '_CEFIl:)~1,E:.I!_U!llU_~::i,"'i"._:..:-': I . '"e" "',RA82S3e.' . DAT1HlFLOAN :'. ,-, "10""26-01" I IlESTOR'lllllAMEANDADDAEIS ./;:.:' , , i I I f ".,.,. w,nllUTYIIATE'- "_'::~ "::~'_''J:~~_?~.'''''_0S: "" ~ ., [iJr~ j~b: '-\' :~~~;.'.5:~i2:rJ~~~~'~ER~~~',;;-." I:',,, ,.,,1 n:;-"'- ."""1 ~k' '.' '} 1;:;'1"" ~.'; '-'II"" ", ;o~:'1 ';' '." I 11TEM1V,T1CNOl'AMOUNT~~''-' .$ .. .18607.ge-'. II, ~~I~~I. $ 966.'S6" 'ToCredi:t ,:inS'UI'~rll:~e' $I"!'/a:' To 'Y~ro~~~I'$ nfa ToETjt;! Fee, ,.' $.: To I $ 60 To $ To i ., '" ',,,' ,", . ",..NOTEANDSECURITYAGRlSEMENT\OONmlUED,OMIlEVEf\eESlOI:I..""" '" . .; "."",' (. The rolr~li ~g~'Bp~ ~nlr?r,~:~'~~~rii.t8!e.I~~~B !nltlal,,~lli of rnlel-esl')~. :,l\lt.~t.-i ::' :"''';'f;:''':~!:~I~';Hil;;;;. .. ".' '; : :.,' ','" !',~ ':: :, .;:'~:.:'-.i".~ I I :;~::",~n.. ~' b'-::~~~~~,'~~,~~"~~'~~~~:~~,:",.r:~~~~;~h~;:~:,, "",,,.,. Ag.~..."" .".,,~,,~,"bJ'''''i:'"g. u '.,~ ...' I Th~r8le,WtirchansV~onlhe'flistd!iYllf'lh~'monlh..Th~,riileWni:n~~ba'iiiilhBrlh~:.~n~~;;:~:~::~:~;;~~;b'~I~~~~~~;e... I 1...;;~;;~;"~;;:;;:~ff~~~:;~:;:;:Z;;,,:." ";;';;~;;~;';;;:':'id;~ii~t;';f~;;)... ...'.. '~;.;;,.,. i 1 MAK~'~ .:,:" ::~;::':~':,:',~:"";~;;!.' ,."..; ,: :':~o~,'~;':: ,;, "":'. EAR ,':,".','''''''''' lWlt" tYAl~~ ,-,' 1:"~;\;~': ,I'. I ,,,,,, ",,-,, I'~' :n.:;!:,\,~,'):~,,:;,;,~..: '.1-.';' ,',,' 'r.,","":", , , I I , l\mo(lI;I'FliiBil~al;f:.Thit'b:i:?- ':fOliil'OfPayn;enlsFTft6"."tn:,: t..""~J!"'flI.', Of, ~~dItPb~d,ed amllUlllyouwlllhaY6'paIdf'tn 7....0 ~your ""~.rI:,: ~ryotJ;heveml1de'ell..: ,~~:? ::";i7/':: ,-': ~,~~7,~,~r~~:0~r~~i;,;:!,.,1 . ~,:'1a..SW';, 92 $:24.76~h~0(1je':,' '. plllpaymenll8lllndsandpenalll.....' ve~,~~,~1)lItAnnualP~rA~.m~In~!NrI!1g,JhelerrnOlthlsiranslictionlithe.. "..:. ,';" , " ,(index) i changes. ~ ~dd"e margr.n"of' ':. .., ". ~:'.':.to .the r~~ ~7' Thelilt~ wfll ohllllge ~anthly on lhe f!rlIt trey of the month. The 1TI1e will never ba higher th8ll the I maxrlTJum~ealloi'ledbyliiw.endlt\'llll~eve~bpreS&IhBn'~,AnYrn!erest.ralll~Iise8W1l1,~SIftlrnmorepaymen\soflheS8lTlilamount. F<.lrElc,~p!e. '1 II your 1ll8lT weB fo~S5.00D al1S% 101'48 monthB and the Annulll Pel'Cllnlege Rete Irn;reasBd,by:2% ellBr.'onu year, the term or your loan would IncfeBse by two nioJilhs. I YOUl:':"2.'1J'I.l...~...'."'.' men!s',:, '. ollllt,l!lpe1msnlt. ...k"'. s!l.Pa. ""I"'. IItsPue,. ,,I, ....'.".'..'.'.PraPBrly'lnsumnce:YOllm8~~~p8rtyln8l,lraJice .- Pa<imBfA., '-""'~' " .I;.:.')e W~I! ~y, Beg ni 11-02:;-~.L.,"',":":' lillm'enyon&youWBnl\ljal\$ \I,l1h8Mllll\,:\'1 Scliedule-1., ,95. 2Se 'F,inalH'due:"10.-20-06 ',', ,::': \', unIon.lfyoilgstthelnsurenoelromlhecredlttm!oJ:i,yilu.. :,j wlllba: ,,".,.,. ,: ,I)'" ,l,~'.. . "'--,,' ":::"'.". ~~,~','_' ,"""N~R '. '.' .. '. ,'" I;,' :'i\.~)' l ~C:U,'BI~~~l~~~~jl~g=rc~t:tiY~i8~/';';""".;,:".~pii:;$~ ';;';~'d;~;;:~L~~;( ~;:.~i'..:.I'~i.:,..:.;,;:'; 'I':'" , ": '. :~t.~:;~:;;~;:}: o::~ :i~*,::~' ;:;;~ you e!ulrea e~dIo1deposIUn,Ih".cr8dIlunlon,t1na" .,;,.,i-\r' ,,",' . <" ,puldlllll8d~" .,.' L..d'IDeDellllo):,,' -R,I,/,I,U",c.1i OT.QRC,y.....LC,,"'<, ' .'" "";:i~\l,,:. Latectmrgtl'Ira'paymeh!1a\elB~,10daysor'!" ;"", .'R9qillreotD~oeII"Balllnce:T:hIl'Annual"-",:-:=~"~ ~. FI/'n,u'Fese: 1:l<m.Fllln91~ I ~:d.r:::~~~~o~,t1!a,Il.l,Iu~,?,~,l!rJ~r" 'n I, ~T:~" ~rdoasnot\.lllllllnlO'~~!:~rri'~' ';~';l r.nl,a: N/R.. "';',,8<, ..', \ , ,',., ",,', ;1'';"".".". !",,(,tl.lm l"h Ir.~! ,,""r. ""~~""'~f;IOl!, ~!II~. ',"t,~,n\'G~ '....,m"~!I;.. $';"b~""'"",;,,, $' "" j<,', ", '~'i'!"" ',I I I I i ArmUAl!'om:.CENrAGE~",jr FINANCEi:r.HARBEil!l." RATE:'i'Ii:~stoli.rOui ..!!,:.' the dOn~raii\'~'ihli'oil\d({~, ~~.,~~~rrv.,IlI~~" ,.,n' :~,','"::.F'.,.,...~.,".}I.".,..,, "\~";" . . ',', ~'" . .. C ',r ~:':',I?~ i;,~~,~,: ~:~::~;~::;,;.:;::~ . ",,"'0"" la~'0fl10~r \,., l>dr-l''',"I:',"'Il'''' 1"."lTEMlZAmN.OF.THE AMDUNFFlNANCSl' ).-Irtnh ~ IlDlhl! 1iI,~n c' I :" .'"i~ "J . ,,' 1:ll0f'rf,W'f~IPP~Y~fIE91;Y".", . N?ECHA,':'''''' '; $:~" t'd"'," ,,1764,1,.,06 $ l,q 'n/a ',. CHEVROLET 'ASTRO' 't993 i18NDMl 9,;l9PB205190' AUTO -, : ' HAR\!.EY" .., ~,\Y-ID9~~;i:,i:<:t~~~: .,,,, \l\:1?,i.~~~1~~'f~7~~, KOTORC'<CL' OTllE~'(~~~I:'" '" ,'.,.... "'." '..'~ ! '<,:::. ' . YOUPledgIlShlll'eS"~OUI(T", AMOlI'1f(<i,:" endlOl~0Il1111Qf.. $ n/a $.',n.y,~', ;':,' l:tIi~~~~W~~~andOQ~~~ 1~=~=:'::~~r~~~~~~s:;,:?:~~r;msa;:=:~~%~n~~Io~~~~~~~%mb:,~~I~ll:~~ e IIYi.lao owl allhav recewedacopyof,thelo~and-se~urity'agreemerilsenddleeloll1lreslatemenl ;' . R'8BI Re 'OATI: OOO-IMKeRO'dn-mROWHElIO..GtJAIWfTOR (s'EAi.},d:,.'2/...-i:t/. X .....GAtt, O~O'Oll-lI\llIJWNefl'D':GUAIlANl'OR ~.,,' X' , .. ;;:~:"Y!I ACOCl)JI(TNU,IUIE1lL ~" 1_' OCO-MMleRO X DCO-MAKEIl O'OTHeIIOWNEll O"OUAAANJOR X QWNeR'O"GUMANTOO DAT!;' '''''", ~" ~~ X ~~~ ~"' ~" (SEAL} 'OlI<o:ll"""".....__....._"'__"""..._.._..\bII_~.........o9ii"""1lIo__""'ol_'""-..............;.,..._...._..........._.....__...... 1 -"_'''''.S-''I~'_llpoo_'''''_._;';;',~_'''!'I''="~~II''IJf<at..""....~....''''_1lIo........,_.._.._....''''__bo_br'''' . . APPUCAmNFO'fGROUPCREOITINSURANCE" .' " ""lllIlI~~~lrIOfllr'hecllld~lnsulII~eeVemtll(ll$llmedblloWlllldagJ8)llfJPiY'hlllllll~~m.llwll)1iruiGntandihaliesi;ll'\3Yb,pa\dblllhelnsure'rrnooiuiictlenwllhthlseDVilragllUlhilCred~or; I (we umleiSllnlfllla\lhIPUrolialaGllhbInstllillClllsvtlll'"ta"',lndPIII"'.dlrierd8rteWeT~~~ln,lrnllhlllllW/miytarmlplllnalnlll'nme. l(ltI)lIlIdlrstlndlhalnJtllnl~rulnluran'nls'~IIIIeted.l'I' mus1blfnlnllyand,lndlw\djlalJy,lfablilunl!erlh'lllan.amllhillco:.slgllllllllUldgUIIlllnl~lIIatehOle~D Inlorrnsnlllllce.:' :,:,,:', " ~l:Aur C~.,YP~;!:NfT TllB'lI1lewlngquuUlnl,1snd2.mnltlltiensileradl~delilnnhle""leur)enl3bllll,llr/1II11111llre: YES 110 Y!S 'I/O I. ~plll:ablo!~llIe.lnluranCllC!M!lIIglenIy)Wlllyoub',lIlIdlragVDo~IhD,eRlIC!lw,dalnlymulean'l . Ox 0 0 0 2. ~~~M::~~:r~::~~~roFail=:~~=,,~diJUAN~MlJIlIIpmsin'dyVllllldna_divoarhornalorY$JISOrPllJlltler~o 0 0 0.0 ~a_im___~_~iiidt.,Win;.;~'d~.~Uhd'~Unl 0 ,0 0 q My (eut};lnsVilml'lo Iha above,qUiiiUlilll &IlIlrue Ie the bIi&I 01 my (~u,1) knowhilgnnd,liiIlIiI. II.my ClHppllI:aiIl or! ilI!1'l1lt,'t/O" ~ qIIuUllll,l Ol',l, \'I!llllldlllltlnd [bit Ibis PIIliOllIs ntll ill\llblll1orJIlIIiranee '::.i:~~~~ . l;"u_\Vl~'~eu.ellli~oilhillJllpi1caU~IlnI,Il.'i1~n,IIIIo'k.in.ln'!vln~wlIb1111od~d~i",~jlllap~'';'tlllhlilll_nlll..1nl lI"U~1Irlllsiiran~'"r. 11alemont lIIi:1nlm loII1=g ae~ml!UII!IJ1i&1&tIi\lDllllaU"nOl'~el"lor1;l1 JIRlIIllIe 1I1:!1iradlng InlllllllBllll~ ClInolllllnginylillllllllllrlllllilllllllllillmmlta n lrlIudI1",rrnIU_ nil, wflldllI", . cr1l1111aOlllubJellJluohperennroorlmlaal c1vnPlJII8nIBl.De,nil\"m!!lhltilPlln"'IJUlIIOllfappllo~b1eIPIII:II~llIblaflll,TllliIllPnatlanwlnhlllbeUltll'hll~nteotllallopplICllb1IblDn_lplItIIl', lmenll1besncemp1i11l1d~lbedelllerbsuroll nedlinlldlledlhllJllPlmqmUndlllb&lppllolllenlialnBlhnnw,"nnnd: ' ' .' ";._ .. ,',.: , ! DATE!,;,'" 6ECONDARYIlllHEl'lClARYICO-APl'LlCI\N1J RAGE REQUESTED '" Slnglo'Credll ure 0 NOTE; DNtY,i:iN.~~PPUCANTMA'fAPPlYFOA i:iISABlL~ COVERAG,E NO JDlnlCllIdI1Ule IKII CredlIDlIIebmly" rn D lndlcsle"1ileheppllcanI(5): OCc-appllcant. lndloate,whICh.~ppUcanl: AWllcl1n1 D,Co-appIlcan\' i AMOUJO"OFLQNI PREMIUM :MONTI/LYeeu~ TERMOl'lNSURAIICE~~1fTIIS EFFECTM;DATI: OATEOFSlRTH i CJlfM"D/SAfIIUJY' CRErNT'al8ABlUT'f CRErNT'DI5IlIlIl.m' CIlElIIrlilsABllirr APPUCANT, I $ laG07~97 $ 745.'43 $" 412-.~"5 60 10-22-50 \ .[:l:~7~9~, ~UFE22.1'.1.3.'-... . ,~:::':, '~0 "'. 10-26-01 ~ " ! M1IMT--62Ile~~OPF.654I1O,Roy.,lomO, ", ,..,:' _ ,." ,,:, _ . ,OlllllllMlnn""IB_CCImpo"''''I~AII~gJ1b''''''''d, J L--..::.........-."------'~--"'--:.:.....'-'-'--'"'"'_'_~~"--.'"'___"k.-.~:--:---'--.:_--7--_______~ fIi " ., /I 4121 . CARD NUMBER . . 9500 ~" -.. I:, CLOSING DATE . o SEND INQUIRIES TO: CUSTOMER SERVICE POBOX 30495 TAMPA FL (717) 795 6032 33630 OS/23/01 4499 9843 5239 REFERENCE NUMBER Mee POSTING TRANS DESCRIPTION CODE DATE DA.TE AMOUNT --------------------------- ---- PAYMEN S, AD USTMENTS AND OTHERS ------------------ ------------ 74121441124626124062009 0000 504 504 LATE FEE 20.00 YOU HAVE EARNED $.00 IN CASHBACK SO FAR THIS YEAR! * * * * * * * THIS ACCOUNT CONTINUES TO REMAIN SERIOUSLY PAST DUE. THE PAYMENT IS NOW OVERDUE THREE MONTHS. CALL YOUR INSTITUTION TO MAKE ARRANGEMENTS TO FORESTALL FURTHER ACTION. * * * * * TO REPORT A LOST OR STOLEN CARD PLEASE CALL: 800-325-3678 LST STlN AFTER HRS 717-795-6032 MEMBERS 1ST F.C.U. TO OBTAIN ACCOUNT INFORMATION 24 HOURS A DAY CALL: 800-299-9842 * * * * * PLEASE READ THE ENCLOSED INSERTS CONCERNING IMPORTANT CHANGES TO YOUR ACCOUNT. " * " " * " " DON'T LEAVE HOME WITHOUT YOUR SCORECARD. REMEnBER, THE MORE YOU USE YOUR CARD, THE HORE CASHBACK YOU EARN. AVERAGE DAllY BALANCE PERIODIC CORAES FINANCE ANNUAL ACCOUNT SUBJECT TO FINANCE CHARGE. RATE APR CHARGE PERCENTAGE RATE SUMMARY CURR PURCH 0.00 :l250Y. IT.50Y. o :ll~- 13.5UY. PREVIOUS BALANCE HH~:~~ CURR CASH 9962.72 1.1250Y. 13.50Y. 112.08 MINIMUM PAYMENT PURCHASES PREV PURCH 0.00 .1250Y. 13.50Y. 0.00 207.00 CASH 0.00 PREV CASH 0.00 . 5750Y. 6.90Y. 0.00 PAST DUE CREDITS 0.00 OT~ PURCH 0.00 .gOOOY. .OOY. 0.00 556.00 PAYMENTS 0.00 OL CASH 0.00 . OOOY. .OOY. 0.00 OVEALlMIT AND FEES INSURANCE ~.OO CASH FEE 0.00 804."7 OTHER CHARGES L. 00 DAYS IN CYCLE 20T TOTAL 112.08 TOTAL MIN PAYMENT FINANCE C~7 I 12:iii 1567.67 NEW BALANG .6/ ) IE P : G C SH ADVANCE:" FINANCE CHARGE CALCULATION METHOD CREDIT URCHASES A .SEE REVERSE SIDE FOR EXPLANATION NOTE: IF YOU HAVE A VARIABLE RATE ACCOUNT THE PERIODIC RATE AND ANNUAL PERCENTAGE RATE (APR) MAY VARY. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION AND BILLING RIGHTS SUMMARY !!i""'""""""''"''''' lilIl~f~'llliit";U;ll,'Jlo>._~'m"'''''''_N".i';'WJ.i,,,;;!--'~,l.M....~~- ~. ~ 'JI'-~~__~~" = Post-it. F To 'lX Note "\ CO./Dept. Phone # "ax. 7671 ~"'- 66 Date . .. " - " HARLEY-DAVIDSON V.ISA Ill'sued b; u.s. Bank NatioUIII Association NO New Balance Summary Previous balance Payments & credits New purchases & ad-va-hces Finance charges & other fees New balance Credit Available Credit limit Credit available Harley-Davidson Visa Your Preferred Dealer is: SUSQUEHANNA V ALLEY H.D Genuine Rewards Order Line Genuine Rewards Number Current statement standard points Current statement. bonus points Current statement redeemed points $3,170.87 0.00 0.00 ~59.~ "-- ,230.04A, \ $3,000.00 $0.00 1-800-699-2281 1203.0478-1020 o o o . - . ..J.-. HARLEY.DA VIDSON" CHROME VISA" Account & Pa~nt Information Customer name: orge Hoffenbecker Account number: 4190 0303 4078 0120 Statement date: May 23, 2001 Amount past due Minimum payment due Paytnent must be received $270.00 $525.00 Jun. 17, 2001 Your account has been closed due to serious delinquency. To make payment arrangements. please call us today at 1-800-846-4025. Your Resources for HelD 24 Hour Customer Service Text telephone (TTY) 1-800-699-2281 1-800-846-2580 6300 ALLENTOWN BLVD, RT 22 HARRISBURG, PA 17112 (24 hours, seven days a week) Program to date standard points Program to date bonus points Program to date redeemed points - Points available 57 o o 57 Points haue not been credited to your account due to account status. Refer to Program Catalog for additional information. Transactions No transactions this month. Rates & Fees Variable periodic rates: Purchases Monthly periodic 1.87% Corresponding APR 22.40% ANNUAL PERCENTAGE RATE 22.40% Average daily balance $675.00 FINANCE CHARGES: Interest charge $12.59 Advances 1.87% 22.40% 22.40% $2,495.87 $46.58 Page 1 of 1 ..~ Members 1ST 34838 FEIJERAL CREDIT UNIOI'. " . :!::{!iji~~ii.il.l~t[iitij![ ~~ L_ . ~'- 4352 $!,II:;Il~:I;I NO. 622 623 ;:t~"....:,,; 150.00 1 12.72 mB'~iI!J~!!WSft!1a~!g~ 624 86.50 625 100.00 l~1lj~j(~l~li\~~i(~~~l(l].~~l:.~~:j~~[ii([i .;:;:;::~:;:;:;:;.;.;.:. :.,. NO. AMOUNT 626 55.49 627 57.90 ;;iii;BiIP1A! 628 *630 TOTAL: jilimillIl AMOUNT 56.00 90.00 708.61 Y-T-D DIVIDENDS: TRUTH IN SAVINGS INFORMATION ANNUAL PERCENTAGE YIELD I 2.02% ----------------------------------------------------------------- ------------~--- SUFFIX:IS PERSONAL SRVC LOAN **PERIODIC RATE MAY VARY ON THIS LOAN** **ANNUAL PERCENTAGE RATE** 12.5000% DAILY PERIODIC RATE .0342466% PREVIOUS LOAN BALA CE **FINANCE CHARGE** PRINCI AL (50101 ** ANNUAL PERCENTAGE RATE ** 12.0000% DAILY PERIODIC R TE 050101 TFR FROM SHARES 43523-1165 16 109 84 050101 CREDIT INSUR PREMIUM -2 52 050101 CREDIT INSUR PREMIUM -9 83 051101 LOAN ADVANCE DEBIT -300 00 051801 LOAN ADVANCE DEBIT -100 00 .00 . 6637.29 .0328767% 175.00 6527.45 -2.52 6529.97 -9.83 6539.80 -300.00 6839.80 -100.00v D'1~~1.tlU LOAN LIMIT: 7500.00 AVAILABLE FUNDS 560.20 YTD F I NANCE CHARGE PA I D: 340.33 NEW LOAN BALA CE 6939.80 CURRENT PAYMENT: 175.00 PAST DUE: .00 TOTAL: I 5.00 DUE:07-31-01 P RIOD 'OTALS-PAYMENTS & CREDITS: 109.84 DEBITS: 412.35 *FI ANCE CHARGE*: 65.16 ------------------------------------------------------------- ------------~ FOR 2001 * IRA YTD * OTHER YTD * TOTAL YTD * TOT L YTD * TOT~L YTD * DIVIDENDS DIVIDENDS DIVIDENDS WITH OLDING FOR EITURES .00 TOTAL **FINANCE CHARGE** PAID .00 340.33 .00 .00 .00 '" The Masonic Grand Lodge , , , , " of Pennsylvania .. .. CUSTOMER SERVICE BILLING INQUIRY PAYMENT ADDRESS 1-888-30>10" (INSIDE US) P.O. BOX 8864 P.O. BOX 15153 1-302-594-8200 lOUTSIDE US) call collect WILMINGTON, DE 198!J!1.8864 WILMINGTON DE 19886-5153 1.888-446-3308 en E'p.~ol) www.f1rstusa.eom ACCOUNT'NUMB'Ell TorAL CASH ADVANf AVAILABLE AVAILABLE PORTION PAYMENT DUB CLOSING CRBDITLlNH CRBmTLINE CREDIT FOR CASH ADVANCBS DArn DArn 4417112761126947 500 0 .. 2,500 0 06/03/01 05109/01 CARDMEMBEIRACTMTY SUMMARY 'lRANS. POST. REFBRENCBNUMBER MERCHANTNAMB OR TRANSACITON DESCRIP1lCJN AMOUNT DArn DATE 05/09 05/09 OVERUMIT FEE 29.00 05/09 05/09 LA 1E FEE 35.00 05109 05/09 PERIODIC RA 1E 'FINANCE CHARGE' 53.38 OUR RECOmS SHOW YOUR ACCOUNT IS PAST DUE. PLEASE CALL ]-800.955-8030 YOUR ACCOUNT IS CURREN1LY CLOSED. AN OVERUMIT FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABliSHED CREDIT I1MIT ON 05/09/01. PREVIOUS BALANCE + PURCHASES, FEES + CASH ADVANCES + FINANCE CHARGES - PAYMENTS AND NBWBALANCB " AND ADJUSTMENTS CREDITS ~014.28 2,896.90 64.00 0.00 51.38 0.00 'l.... ./ 5630 peD 7 EX 7 Page] of 2 3367 1200 0260 0099 010509 O1AAS630 38963 - FlRSTUSA. Cardmember Tips: Your First USA card gives you many choices to take control of your crecrlt and mmage your account. Your Righi to Privacy . Choose a convenient due date. Call U& for a due date that fits your bill-paying schedule. . Mail your payment about II week before it's due. We recommend mailing your payment 7-10 days before It's due to ansure Ihat your payment arrives before Ihe due date. . Monitor your bafance. Check your available credit regularlY to avoid over-the-limit fees. <I Stay at least 5% under your limit at all times. <I Call us to request B credit Increase. We may be able to raise your limit. .11 you would prefer not to receive our offers of goods and services please call us toll.free at 1-a-.sS1S. <I Allow 90 days to remove your name from future First USA marketing programs. . Contact First USNs Cardmember Services Department You can contact us 24 hours a day, 7 days a week. <I Call us tDll*free. See the reverse side of your card or your statement for our toll-free number. <I Send an e-mail to us from our web sitEl:www.FirstUSA.com. <I Write to us at P.O. Box B650. Wilmington. DE 19S99.8650. wr30113 Avoid Lata Fees and Keep Your APR Low Stay Under Your Limit Resolve Problems With Your Account Quickly >, ~- SealS Card ACCOUNT STATEMENT mUWIJDmIIDIIIlIllllllI1I 1".III",III.,,,,,IJ..II,,"I11.I,,I,,,1lI...111l1l1.11111,,1 Gs;9RGE KOfl=ENIlECk~R 1I01151!11 S05 HAMILTON ST CARLISLE PA 170l3~19711 J,l"I"II,,,Io/,,,m..I,,,I,I,,,/!.I,,II,I...II,,1 PAYMENT CENTER 1'0 \lOX 18'2.11,<) CDLUMBUSOH UZ18-U4Y IlmoUnlSnolaoe<t M.keah0d<8poyl!bl<llo8eo..NolianolEla.nk udlnohld.Y""'......uto\l\IlttObO'.nthBdIe<k. C1Add"'..cIulng.,Oheckbo..Prlnt".......d.....ndlOleph""..."'.""....r.lAlemenl P1l55I1BII"I:LS87:L1l 2411473 llBDlI SE4RSCARDACCQUNTHUMBER,1I551l88915B7111 lOFl THE.urotJllTIlUl; SHII1lHAbg\/E INCLUlIl:S AP~TOU~ AIIOIIHl. VOOSl\llUUl SEIllIlIIE EHnRI!.wJWIT mIlllN.IFPAYMEIfl'HASBEENHAbEHEtEl/l"LY.TIlANKYGU. COlll! we. "",AT JlIIl. SIWtS I$ IIDH IIUIllQ faft A VARlUV Of IOO:ntm fQstTmII$.. FLEMIBLEStHEIIULU. IIERUlANIIllIEII:tStOllllTS. ,ulVAHca1ENTDI'l'OIlTtlllI1lES. AMEDE. fVlllliltEIlUlECUNSZJIEIIATlIlllCMLl-888-43o!-4JUaURAPf'LYIIITHJN4/I1SEAMLGC:AJ:[IlN. IlJ;TIlTHEREHARlCABl.YSIllPLEYETIlfRYSDPl/ISTlCAlEDOELLAIIDIIlIHELL'5IfIiCAHERA,vau'u ME\IIlO IIISS Al<<n"HER 6lIEAT SHOY ilIa DR 5lIAlL. /IllT OIlLY DO~S THIS ADVANCEO eAII~1IA SIIIIOT BOTN RBlIII..AII/lIIlI.A\IIIlIMI1l:I'IIIn\SU'l\\l;!SM\l!lIOI.lll'ff1\.ll,~"'IIT~tIllSMII!Autm\Anl:. ... "'" .., ... ... "'" ~ ... ... ... ... ... ~ = - ... - ... ... ... ... - !'l'>'s\~" Ool._ {'~....nlo AnclO'edlla ~M P......I>t..... ",,,,,. ~M k~ ANNUAL Pfoloo. l'aroEm'Al1E: A...1lIlI lOn<lo..lII RATE R"lIIll., ~,484.73 NIA 21.o01lo ~,439.63 O.05~(D) NOTI.O..lOVIra."./dtlmpollo.UI\l<llmoU.... Fa'_."""..N1..",1o.....r\yo....lIlla.t.'otoI.",.olIl-ll00.917.1700,M-a9AId.JIPM,BUN10AM-6PM. MaliB1lilnUSnwtGoIl...Iot>CBOl(?I18D11(ltEllElAtGtlQIU41DI-nl1 Wtl.i1 puJth... i;~j[g-~~"";~'~-~""'ti.~~~I/fliIllIi\tl_~'4-.1".jOjl~~"",,,,'!I,J,,,,,,,L,,,,,~,_.,.~-',"I"',"A,~Qi,!.4ii>ii,tli!i.i!I:~1il "'::fi '''"'~-''~ =~~llIIiIi~~IIllS.Oll'- ~ .. -.: FREY & TilEY ATTORN EYS.AT-lAW 5 SOUTH HANOVER STREET CARl.,ISl.E, PENNSYLVANIA 17013 " '; I; ROBERT M. FREY OF COUNSEL STEPHEN D. TILEY TELEPHONE (717) 243.5838 FAX (717) 243-6441 ROBERT G. FREY lj.CSIMILE TRA~/TTAL MEMORANDUM FROM: .fkJd(e.d. C. Jacobsen} tsquJ(c: -fU,x:: ~ ;;)-+0, - '6'-1.91 V<obe,r-t (h. f""i-ty TO: DATE: NDlfe/~f c2/ (~OOD RE: ~s CtlJ"TJ.. ,4rw{)hf,tf,rk.h1e/1_l- We are transmilting a total of J-- pages to you, including this cover page. Please advise if the copy quality is not adequate. , ~_ ' ,~~ - ~"".,~~ r,- e, ~.,-~~.< "" ~ , ,'p~~~ .~. ,,,,,,. ., -~'-..' . " L , . -"'-, SEARS " PO Box 3005 Langhorne, PA 19047 March 26, 2001 George Hoffenbecker 52 PRIVET ETTERS PA 17319 Sears Account #: 0558889158710 Account Balance: $2867.47 Dear George Hoffenbecker: Please call us at 1-800-927-7680 between the hours of 8AM and 9PM EST (M-F) or 9;30 AM and 6PM ET (Sat/Sun) regarding your Sears Credit Account. Sincerely, Dave Turner Manager of Asset Management 1-800-927-7680 March 26, 2001 - 23 ,.." " SEARS ITEMIZATION REPORT (TSYS) PAGE 1 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 11/26101 HD - HISTORICAL DETAIL AS OF 1012112001 =:=:=--=,,=""""="""="""=--=""=,,=,,="""" ACCOUNT NUMBER ""> 0558889158710 """=""""""="==""=="==,,,,;,,,====""=,,=""=""===== GEORGE HOFFENBECKER NOW DU~: 3060.45 SCHED BAL LMT: 2fi10.oo PAYMT: CASH CASH LM'F: .00 BAL: AceT TVP: sce STATUS: CO CR PO OL RG FU NEW BAL: 3060.45 .00 PRY BAL: 3060.45 BAlANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT .- NO TRANSACTIONS FOR 1012112001 ... -FINANCE CHARGE ON AVG DAILY BALANCE OF $0.00 .00 CURRENT SALANCE: 3060.45 DElAYED SALES: .00 NEW BALANCE 3060.45 HD. HISTORICAL DETAIL AS OF 09/2112001 """"'''=''''=''''''===,,=,,==''''=,,=,, ACCOUN1' NUMBER => 0558889158710 ===""",,"'====,,=""""====,,=,,=,,=,,====,,==""=======""==,,=""= GEORGE HOFFENBECKER NOW DUg: 3060.45 SCHEO BAL LMT: 2810.00 PAYMT: CASH CASH LM1': .00 BAL : ACCT TYP: SCC STATUS: CO CR PD OL RG AC NEW BAt: 3060.45 .00 PRVSAL 3060.45 BALANCe: .00 TRN AMT: .00 < TRAN DATE STOREIt REG# TRANIt TC PROC TCAT TRANS DESCRIPTION AMOUNT .... NO TRANSACTIONS FOR 0912112001 ... "FINANCE CHARGE ON AVG DAILY BALANCE OF $0.00 .00 CURRENT E3AlANCE: 3060.45 DELAYEO SALES: .00 NEW BALANCE 3060.45 HD. HISTORICAL DETAIL AS OF 0812112001 ="""""=""="===="="="="="""""= Accoum NUMBER => 0558889158710 ""=""==,,,=,,,,=,,====,,,,,,==,,==,,=,,,,=======,,,,==,,,,=--=,,,,,,,,,,=--= GEORGE HOFFENBECKER NOW DUB: 3060.45 SCHED BALLMT: 2610.00 PAYMT: CASH CASH LM"': .00 8AL: ACCT TVP: SCC STATUS: CO CR PO OL RG AC NEWBAL: 3060.45 .00 PRV BAL: 3060.45 BALANC. .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT .... NO TRANSACTIONS FOR 0812112001 ... "FINANCE CHARGE ON AVG DAILY 6Al.ANCE OF $0.00 .00 CURRENT ElALANCE: 3060.45 DELAYED SALES: NEW BAlANCE 3060.45 SEARS ITEMIZATION REPORT (TSYS) .00 PAGE 2 DEPTRU OA1970 REQUESTEDBYVENDOR:ASG 11128101 HO, HISTORICAL DETAIL AS OF 07/21/2001 "=="""="=--="""==""========="=""= ACCOUNT NUMBER ==> 0558889158710 """="======""==="="===="======,,,,,,=--=,,,,,,=======,,,, GEORGE HOFFENBECKER NOW DUE: 3060.45 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMl: .00 BAL : ACCI TVP: SCC STATUS: RM CO CR PO OL RG NEWBAL: 3060.45 .00 PRVBAL: 3060.45 BALANCE .00 TRN AMT: .00 < TRAN DAfE STORE# REGII TRAN# TC PROC TCAT TRANS DESCRIPrION AMOUNT ... NO TRANSACTIONS FOR 07121/2001 - "FlNANCE CHARGE ON AVG DAILY BAlANCE OF $0,00 .00 CURRENT BAlANCE: 3060.45 DELAYED SALES: .00 NEW BALANCE 3060.45 HD _ HISTORICAL DETAIL AS OF 0612112001 ="",",,""="="================= ACCOUNT NUMBER ,,=> 0558889158710 =,,==,,====,,===="""=,,=,,=,,===""==""=========,,=""=c= GEORGE I'iOFFENBECKER NOW DUE: 3060.45 $CHen BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL: ACCTTYP: see STATUS: RM COCR PO OLRG NEW BAt: 3060.45 2473.45 PRY BAl; 3035.45 BALANCE .00 TRN AMT: .00 < TRAN DAlE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPrION AMOUNT 0619 0402 0619 0007 DIV LATE?AYMENT FEE 25.00 " .'FINANCE CHARGE ON AVG OAIL Y BALANCE OF $0.00 .00 CURRENT BAlJ\NCE: 3060.415 DELAYED SALES; .00 NEW BALANCE 3060.45 HO. HISTORICAL DETAI~AS OF 0512112001 ::S====""=====:..:======"====="=====,,,,,,;.::z ACCOUNT NUMBER ==> 05513689158710 ==="====",===="""=="========"""===="",,===,,,==..,,,,,======,,=====,,:......==..= GEORGE HQFFENBECKER NOW DUE; 587.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL : ACCTTYP: see STATUS: RM PO OlRG FU CT NEWBAl; 3035.45 73.00 PRVBAl.; 2951.59 BAlANCE .00 TRN AMT; .00 < TRAN DATE STQRE# REGII TRAN# Te PRoe TeAT TRANS DEOSCRIPTIQN AMOUNT 0520 0402 0520 0007 OW LATE PAYMENT FEE 25.00 SEARS ITEMIZATION REPORT (TSYS) PAGE aEPT RU OA197Q ReQUESTED BY VENDOR; ASG 11/28101 HO - HISTORICAl DerAIL AS OF OS/21/2001 ACCOUNT NUMBER =;;> 0558869158110 ==:::================::======:::==::=====..==:::=::::::::::::==::::::======::::::=c==:::=== "FINANCE CHARGE ON AVG DAILY BALANCE OF $2981.59 58.86 CURRENT BALANCE: 3035.45 DELAYED SALES: .00 NEW BALANCE 3035.45 HD - HISTORICAL DETAIL AS OF 04/21/2001 ACCOUNT NUMBER ==> 0558889158710 ===============c===================:<==========================:::=== GEORGE HOFFENBECKER NOW DUE: 514.00 SCHED BALLMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL : ACCTTVP: SCC STATUS: RM PO OLRG FU CT NEWBAL: 2951.59 71.00 PRVBAL: 2867.47 BALANCE .00 TRNAMT: .00 < TRAN DATE STORE# REG/# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0419 0402 0419 0007 DIV lATE PAYMENT FEE 25.00 "FINANCE CHARGE ON AVG DAILY BALANCE OF $2898.37 59.12 CURRENT BALANCE: 2951.59 DElAYED SALES: .00 NEW BALANCE 2951.59 HO - HISTORICAL DETAIL AS OF 03/2112001 ACCOUNT NUMBER =;> 0558889158710 ====;=================;=;==;=:::==================;==:::=======:::== GEORGE HOFFENBECKER NOW DUE: 443.00 SCHED 6AL LMT '. 2610.00 PA.YM.T: CASH CASH LMT: .00 BAL: ACCT TVP: sec STATUS: RM PO OL RG FU CT NEW HAL: 2867.47 69m PRV 8AL: 2790.5a BALANCE .00 TRN AMT: .00 < TRAN DATE $TORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0321 040203210007 DIV LATE PAYMENT FEE 25.00 "FINANCE CHARGE ON AVG DAILY BALANCE OF $2816.40 51.89 CURRENT BALANCE: 2867.47 DELAYED SALES: NEW BALANCE 2867.47 SEARS ITEMIZATION REPORT (TSYS) 00 PAGE 4 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 11128101 HD. HISTORICAL DETAIL AS OF 0212112001 ACCOUNT NUMBER ==> 0558889158710 GEORGE HOFFENBECKER NOW DUE: 374.00 SCHED 6ALLMT: 2610.00 PAYMT; CASH CASH LMT: .00 BAL : ACCT TVP: sec STATUS: RM PO OL RG FU CT NEW BAL: 2790.58 67.00 PRVBAL: 2709.71 BAlANCE .00 TRN AMT: .00 < TRAN OATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0219 040202190007 ON LATE PAYMENT FEE 25.00 "FINANCE CHARGE ON AVG DAILY BALANCE OF $2739.04 55.87 CURREN, BA\..AtlCE: 2190.58 DElAYED SALES: .00 NEW BALANCE 2790.58 >, He. HISTORICAL DETAIL AS OF 0112112001 "'''========================== ACCOUNT NUMBER ==> 0558889158710 "='"--====::============::==='====::====;:"-============== GEORGE HOFFENBECKER NOW DUE; 307.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH lMT: .00 BAL : ACCT TYP: see STATUS: RM PO OL RG FU CT NEWBAl; 2709.71 65.00 PRVBAl: 2630.47 BAlANCE. .00 TRN AMT: .00 < mAN DATE STORE# REG# TRAN# Te PROC TeAT TRANS DESCRIPTION AMOUNT 0119 04020119 00117 DIV LATE PAYMENT FEE 25.00 .'FINANCE CHARGE ON AVG DAilY BALANCE OF $2659.01 54.24 CURRENT BALANCE: 2709.71 DELAYED SALES: .00 NEW BALANCE. 2709.71 HD. HISTORICAL DETAIL AS OF 12/21/2000 ACCOUNT NUMBER =--:0 0556669158710 =========::===..--===::::======"'::====================== GEORGE HOFFENSeCKE:R NOW DUE: 242.00 SCHEO SALLMT: 2610.00 PAYMT: CASH CASH l.MT: .00 BAL : ACCTTYP: see STATUS: PO OLRG FU CT NEW BAL: 2630.47 63.00 PRY BAL 2554.53 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# Te PROC TCAT TRANS DESCRIPTION AMOUNT 1220 0402 1220 0007 DIV LATE PAYMENT FEE 25.00 SEMS ITEMIZATION REPORT (lSYS) PAGE 5 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 11/28101 HD. HISTORICAL DET~IL AS OF 1212112000 ACCOUNT NUMBER ==> 0558B69158710 ====::===========;==="'--===='============================= -FINANCE CHARGE ON AVG DAILY BAlANCE OF $2580.72 50.94 CURRENT BAlANCE; 2630.47 DELAyeD SAl..ES; .00 NEW BALANCE 2630.47 HO. HISTORICAL DETAILASQF 1112112000 ACCOUNT NUMBER == 0558889158710 GEORGE HOFFENBECKER NOW-DUE: 179.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL : ACCT TYP: SCC STATUS: PO RG FU CT NEW BAL: 2554.53 61.00 PRVBAL: 2484.73 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 1119 0402 1119 0007 DIV LATE PAYMENT FEE 25.00 -"FINANCE CHARGE ON AVG DAILY BALANCE OF $2508.73 44.80 CURRENT BALANCE: 2554.53 DELAYED SALES: .00 NEW BALANCE 2554.53 HD. HISTORICAL DETAIL AS OF 1012112000 ACCOUNT NUMBER ==> 0558889158710 ==--========================:=========,======:= GEORGE HOFFENBECKER ACCT TVP: SCC STATUS: PO RG FU CT NOW DUE: 118.00 SCHED NEWBAL: 2484.73 BAL LMT: 2610.00 PAYMT: 60.00 PRY BA!.; 2417.57 CASH BALANCE CASH LMT: .00 BAL : .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 1020 0402 1020 0007 ON LATE PAYMENT FEE 25.00 -FINANCE CHARGE ON AVG DAlLY BAlANCE OF $2439.53 42.16 CURRENT BALANCE: 2484.73 DELAYED SALES: NEW BALANCE: 2484.73 SEARS ITEMIZATION REPOFtT (lSYS) .00 PAGE 6 DEPT RU OA1970 ReaUESTED BY VENDOR: ASG 11128101 HD _ HISTORiCAl DETAIL AS OF 0912112000 ACCOUNT NUMBER ==> 0558889158710 ================'=========='===================;=;==;=== 'J GEORGE HOFFENBBCKER NOW DUE; 58.00 SCHEO BAL LMT: 2610.60 PAYMT: CAS\-l CASH LMT; .00 BAL: ~ Acel TYP: see STATUS: RG AV FU CT NEWBAL 2417.57 58.00 ,PRVBAL: 2430.98 SALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRANf# Te PROC TCAT TRANS DESCRIPTION AMOUNT 0916 002624 124' 2823 010809170019 DIV PAYMENT. THANK YOU 57.00cR "'FlNANCE CHARGE: ON AVG DAlLY BAlANCE OF $2441.04 43.59 CURRENT BALANCE; 2417.57 DElAYED SALES: .00 NEW BALANCE ;2417.57 HD. HISTORICAL DETAIL AS OF 0812112000 ===========,,=::========::==== ACCOUNT NUMBER "'::> 0558889158710 ====;,,========:::============:::::===::="'=======;..-::;== GEORGE HQFfENBeCKER NQWOUE: 57.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL: Acel TYP: see 51 A TUS: RG AV FU CT NEW BAl: 2430.98 57.00 PRV8AL: 2447.04 BALANCe .00 TRN AMT: .00 <fRANCATE STOREII' REG# TRAN# Te PROC TeAT TRANS DESCRIPTION AMOUNT 0818 002624033 1187 0108 0819 0019 DIV PAYMENT _ "THANK YOU 60.00cR -FINANCE CHARGE ON AVG DAlLY BALANCE OF $2460.54 43.94 CURRENT BALANCE: 2430.98 DELAYED SALES: .00 NEW BALANCE 2430.98 HD. HISTORICAl DETAlL AS OF 0712112000 ========:================ I\CCOUMT NUMBER ==-' 0556669158110 ============::================================= GEORGE HOFFENBECKER NOW DUE: 59.00 SCHED BAl lMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAl : ACCTTYP: sec STATUS: RGAV FU CT NEWSAL: 2447.04 59.00 PRVBAL: 2483.42 BALANCE .00 TRN AMT: .00 < TRAN DATE STOREfi REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0713 008604 9792 ??oo 01080713 00t9 DIV PAYMENT _l"HANKYOU 59.00cR SEARS ITEMIZATION REPORT (TSYS) PAGE 7 DEPT RU DA197Q REQUESTED BY VENDOR: ASG 11128101 HD. HISTORICAL DETAIL AS OF 0712112000 =================--========== ACCOUNT NUMBER ==:> 0558889158710 ====--===========i"==========================:c..-=========== -FINANCE CHARGE ON AVG DAilY BALANCE OF $2468.36 42.62 CURRENT BALANCE: 2447.04 DElAYED SALES: .00 NEW BALANCE 2447.04 HD. HISTORICAL DETAIL AS OF 0612112000 ACCOUNT NUMBER ==> 055B889f58710 ================--=================--========= GEORGE HOFFENBECiKER NOW DUE: 59.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL: ACCTTVP: SCC STATUS: RGAV FU CT NEWBAl; 2463.42 59.00 PRVBAL: 2479.05 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0614 008604 2914 ??oo 0108 0615 ??oo ow PAYMENT. 1HANK YOU 5O.COCR -FINANCE CHARGE ON AVG DAlLY BALANCE OF $2485.06 44.37 CURRENT BALANCE: 2463.42 DELAYED SAlES: .00 NEW BALANCE 2463.42 HD. HISTORiCAl DETAIL AS OF 0512112000 ACCOUNT NUMBER =,:> 055888915871ll ========================= ========================================== GEORGE HOFFENBECKER NOW DUE: 60.00 SCHEO BALLMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL: ACCT TVP: see STATUS: RG AV FU CT NEWBAL; 2479.05 60.00 PRV BAL: 2495.70 BALANCE .00 TAN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0518 008604 8090 DOOO 0108 0518 ??oo DIV PAYMENT. THANK YOU 6O.COCR " "FINANCE CHARGE ON AVG DAILY BALANCE OF $2508.64 43.35 CURRENT BAlANce: 2479.05 DELAyeD SALES; NEW BAlANCE 2479.05 SEARS ITEMIZATION REPORT (15'1'5) .00 PAGE 8 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 11128lO1 He - HISTORICAl.. DETAIL AS OF 1W2112000 ==,,==;"'=============="'====,,====;;;== ACCOUNT NUMBER ==> 0556669158710 "=====;;;=======",;;===",,,=,,===:==,,,,,=:::=========,,::=--====:==:=--===== GEORGE HOFFEN6ECKER NOW Due: 60.00 SCHED SAL WT; 2610.00 ?AYMT', CASH CASH LMT: .00 SAL : AceT TYP: see STATUS: RG AV FU CT NEW BAL: 2495.70 60.00 \"IRV SA\..; 2510.82 BALANCE .00 TRN AMi: .00 0<: TRAN DATE STORE# REG# TRAN# Te PRce reAT TRANS DESCRIPTION AMOUNT 0412 008604 3203 ??oo 0108.0412 ??oo DIV PAYMENl . THANK YOU 5O.COCR "FINANCE CHARGE ON AVG DAILY BAlANCE OF $2513.22 44.88 CURRENT 6ALANCE: 2495.70 DELAYED SALES: .00 NEW BALANCE 2495.70 HD. HISTORICAL DETAIL AS OF 0312112000 ACCOUNT NUMBER ""',,. 0556689158710 ",==""="""="==="="",====="="",====="""=,,,,,,=,,,,,===,,=,,,==,,;:=,,,"'===,,==:::: GEORGE HOFFENBECKER NOW CUE: 60.00 SCHEO BALLMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL : ACCTTYP: SCC STATUS: RGCO AT AV FU CT NEW BAL: 2511l.S2 60.00 PRVBAl; 2562.79 BAlANC. .00 TRN AMT; .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0'32\) 008004 B91:l ??oo ,0108 0'321 ??oo OW PAYMENT. THANK YOU 120.00cR 0:l21 0402 0321 ??oo DIV LATE PAYMENT fEE 25.00 "FINANCE CHARGE ON AVG DAILY BALANCE OF $2576.14 43.03 CURRENT BALANCE: 2510.82 DELAYED SALES: .00 NEW BALANCE 2510.82 HD. HISTORICAL DETAIL AS OF 0212112000 ACCOUNT NUMBER ==:> 0556689158710 GEORGE HOFFENBECKER NOW'DUE: 124.00 SCHEO BAL LMT; 2610.00 PAYMT: CASH CASH LldT; .00 BAL : ACCT TYP: sec STATUS; PO RGAV FU CT NEW BAL: 2562.79 61.00 PRY BAL: 2552.'30 BAlANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0207 008604 1259 0000 01080208 ??oo DIV PAYMENT - THANK YOU 6O.00cR SEARS ITEMIZATION REPORT (TSYSj PAGE 9 DEPT RU DA1970 REQUESTED BY VENDOR; ASG 11128101 HD - HISTORICAL DlrrAIL AS OF 0212112000 =::::="="==::="'==;:=====::=="'''';:==''',,==,,,, ACCOUNT NUMBER "'=:> 0558889158710 ='""'::="'=="====::==="""':::--::"'=::"'===""="""=="':::--=="==:::=::"'==""="'= 0219 04020219 ??oo DIV LATE PAYMENT FEE 25.00 "FINANCE CHARGE ON AVG DAILY BALANCE OF $2547.74 45.49 CURREN,T BALANCE: 2562.79 DELAYED SALES; .00 NEW BALANCE 2562.19 HD. HISTORICAL DETAIL AS OF 01/21/2000 ACCOUNT NUMBER "":> 0556889158710 ::::======,,=,,===::====,,======::,,=::::===,,=,,=.--=,,===,,===== GEORGE HOFFENaECKER NOW DUE: 123.00 SCHED BAL LMT ; 2610.00 PAYMT: CASH CASH LMT; .00 BAL; ACCT TYP: SCC STATUS: PO RGAV FU CT NEWBA1.; 2552.30 61.00 PRVBA1.; 2541.96 BAlANCE .00 TRN AMT: .00 <TRANOATE STORE# REG# TRAN# TC PRoe TCAT TRANSOESCRIPTION AMOUNT 0108 002.624007 8507 01080109 ??oo DIV PAYMENT - THANK YOU 60.00cR 0"9 0402. 0119 ??oo ON - :IiIl " LATE PAYMENT FEE 25.00 -FINANCe CHARGE ON AVG DAILY BALANce: OF $2539.26 45.34 CURRENT BAlANCE; 2552.30 DELAYED SALES: .00 NEW BAlANCE 2552.30 HD - t-l1$TORICAL DETAIL AS OF 12121/1999 =""::::::""""==:::==========="====== ACCOUNT NUMBER ,,=> 05511889158710 =====;"=:::===:::"==::"-:=====--="'===--- -====== GEORGE HOFFENBECKER NOW DUE: 122.00 SCHEO BAt LMT; 2610.00 PAYMT: CASH CASH LMT: .00 BAL : Acel TYP: see STATUS: PO RG AV FU CT NEWBAl; 2541.96 61.00 PRVBAl: 2533.96 BALANCE .00 TRN AMT; .00 <TRANDATg STORE# REG# TRAN# Te PRoe TCAT TRANSDESCR1PTlON AMOUNT 1120 ooa604, 6624 ??oo 01081122 ??oo DIV PAYMENT - THANK YOU 60.00cR 1120 04791122 ??oo DIV PRIOR PERIOD FINANce CHARGE AOJ .07CR 1220 o00ooo 0000 ??oo 0135 1221 ??oo DIV CURRENT MONTH LATE FEE 25.00 SEARS ITEMIZATION REPORT (15Y5) PAGE 10 DEPT RU OA197Q REQUESTED BY VENDOR; ASG 11/28101 HQ. HISTORICAL DETAIL AS OF 12/2111999 ==:::===;;================ ACCOUNT NU~BER =:> 0558889158710 =========,,================================--================ "FINANCE CHARGE ON AVG DAILY BALANCE OF $2492.25 43.01 CURRENT BAl-ANCE: 2541.96 DELAYED SALES: .00 NEW BALANC~ 2541.96 HD - HISTORICAL DETAIL AS OF 11121/1999 ================::::=::::==::=====::: ACCOUNT NUMBER ==:> 0558889158110 ======="'=::::========:::====::::::==::::===================::=:: GEORGE HOFFENBECKER NOW DUE: 121.00 SCHEO BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL : ACCTTYP: SCC STATUS: PO RG FU CT NEW BAL: 2533.96 61.00 PRVBAL: 2489.13 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT ... NO TRANSACTIONS FOR 11/21/1899'" "FINANCE CHARGE ON AVG DAilY BALANCE OF $2510.75 44.83 CURRENT BALANCE: 2533.96 DElAYEDSALfS: .00 NEW BALANC~ 2533.96 HD. HISTORICAL DETAtLAS OF 10121/1999 ===================:::==== ACCOUNT NIJMBER ==> 0558888158710 =::===--===='!==::==::===============::::-_-===========::==== GEORGE HOFFENBECKER NOW DUE: 60.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL : ACCT TYP: SCC STATUS: RG AV FU NEWBAL: 2489.13 60.00 PRVBAL: 2545.19 SALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRANI/: TC PRQC TCAT TRANS DESCRIPTION AMOUNT 0922 0402 0924 ??oo DIV LATE PAYMENT FEE 20.00 1004 008eD4 1157 ??oo 0108 1004 ??oo DlV PAYMENT. THANK YOU ao.OOCR 1018 008604 2065 ??oo 01081019 ??oo DlV PAyMENT - THANK YOU 6O.00cR -FINANCE CHARGE ON AVG DAllY BALANCE OF $2542.54 43.94 CURRENT BAlANCE: 2489.13 DElAYED SAlES: NEWBALANC8 2489.13 SEARS ITEMIZATION REPORT (TSYS) .00 PAGE 11 DEPTRU OA1970 REQUESTEOBYVENDOR:ASG HD. HISTORICAL DETAil AS OF 09121/1999 11/28/01 ==::=='==========--====::===== ACCOUNT NI)M8ER ==> 0558889158710 =::::===::==::=====:::==============::::=::=::====;;====;; GEORGE HofFEN8ECKER NOW Due: 121.00 SCHED BAL LMT: 2810.00 PAYMT: CASH CASH LMT: .00 BAL : ACCT TYP: see STATUS: PO RG FU NEW BAL: 2545.19 61.00 PRY BAl.: 2500.16 . BALANCE .00 TRN AMT: .00 11_ ,~~"" " < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT ... NO TRANSACTIONS FOR 09/21/1999-" "FINANCE CHARGE ON AVG CAlLY BALANCE OF $2521.B7 45.0' CURRENT BALANCE: 2545.19 DELAYED $Al.ES: .00 NEW BALANCE 2545.19 HD. HISTORICAl DETAIL AS OF 08l21!1999 ==,,======================="'=:..-==== ACCOUNT NUMBER ==> 0558889158710 ===:..-========-----====="''''''''''--=====--==='''========'''''' GEORGE HOFFEN6ECKER NOW DUE: 60.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 BAL : ACCT TYP: SCC STATUS: RG CD AT AV FU NEW6A1.; 2500.16 60.00 PRVBAL 2512.97 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0820 002624033 2891 01080821 ??oo ON PAYMENT _ THANK YOU 5B.OOCR --FINANCE CHARGE ONAVG DAILY 6AL.ANCEOF $2531.05 45.19 CURRENT BALANCE: 2501116 DEl..AYED SALES: .00 NEW BALANCE 2500.HI HD. HISTORICAL DETAIL AS OF 07/21/1999 ACCOUNT NUMBER "'=> 05fi8B89158710 "'-- ------ ---="':--=-----==;;========"'======""===,,=== GEORGE HOFFENBECKER NOW DUE: 58.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 SAL: ACCTTVP: SCC STATUS: RGAV FU NEWBAL: 2512.97 58.00 PRVBAl.; 2531.22 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC P~OC TCAT TRANS DESCRIPTION AMOUNT 0712 0011604 4060 0000 0108 0714 ??oo DIV PAYMENT - THANK YOU 62.00cR SEARS ITEMIZATION REPORT (TSYS) PAGE 12 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 11128101 HD. HISTORICAL DETAIL AS OF 07121/1999 ACCOUNT NUMBER ==> 05568891~8710 ===="======="====",,,,====,,,,,,,===,,,,,,=====,,,,,,======,,========,,,,,,"="== "FINANCe: CHARGE ON AVG DAILY BALANCE OF $2531.75 43.75 CURRENT BALANCE: 2512.97 DELAYED SALES: .00 NEW BALANCE 2512.97 HO. HISTORICAL DETAIL AS OF 0612111999 ACCOUNT NUMBER ""> 0558889158710 GEORGE HOFFENBECKER NOW DUE: 60.00 SCHED BAl LMT: 2610.00 PAYMT: CASH CASH WT: .00 BAL : ACCTTYP: SCC STATUS: RG AV FU NEW 6AL: 2531.22 60.00 PRY BAL: 2549.12 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0613 002624111 4371 0108 0814 ??oo D1V PAYMENT. THANK YOU 52.00cR "FINANCE CHARGE ON AVG DAlLY BALANCE OF $2551.88 44.10 CURRENT BAlANCE: 2531.22 DELAYED SALES: .00 NEW BALANCE 2531.22 HD. HISTORICAL DETAIL AS OF 0512211999 ""=="'==:...-=="'=,,=="'========,,==== ACCOUNT NUMBER => 0556889158710 GEORGE HOFFENBECKER NOW OUE: 61.00 SCHED BAL LMT: 2610.00 PAYMT: CASH CASH LMT: .00 6AL : ACCT TV?: SCC STATUS: RG AV FU NEW BAt.: 2549.12 61.00 PRVBAL: 2566.68 6AL.ANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRANt TC PROC TCAT TRANS DESCRIPTION AMOUNT 0515 002624111 2658 0108 0516 ??oo DIV PAYMENT - THANK YOU 62.00cR "FINANCE CHARGE ON AVa DAILY BAlANCE: OF $2571.68 44.44 CURRENT BALANCE: 2549.12 DELAYED SALES: NEW BALANCE 2549.12 SEARS ITEMlZA TlON REPORT (TSYS) .00 PAGE 13 - '. DEPTRU aA1970 REQUESTEDBYVENOOR;A$G 1112Ml1 HD. HISTORICAL DETAIL AS OF 04122/1999 ====::....-:::============;;=;;======:== ACCOUNT NUMBER ==> 0556689158710 ;=::===;;;1==========:========:==--===-"",,,,=:==--==== GEORGE HOFfENBECKER NOW DUE: 62:.00 SCHEO BALLMT: ;Z610.oo PAYMT: CASH CASH LMT: .00 BAL : ACCTTYP: see STATUS: RGAV FU NEWBAL 2566.68 62.00 PRY 8AL: 2619.63 BALANCE .00 TRN AMT: .00 <:: mAN DATE '$TORE# REG# TRAN# TC PRQC TCAT TRANS DESCRIPTION AMOUNT 0327 IJ086Ool. 8044 0001 0108 0327 ??oo DIV PAYMENT - THANK YOU 62.00cR 0419 OOS6Q.l.'1362 ??oo 01080420 ??oo DIV PAYMENT - THANK YOU 62.00cR 0322 OOOOOo,CONV ??oo 01350420 ??oo DIV LATE PAYMENT FEE 20.00 "fiNANCE CHARGE ON AVG DAILY BAtANCE OF $2606.77 51.05 CURRENT BALANCE: 2566.68 DELAYED SALES: .00 NEW BAlANCE 2566.68 HD. HJS10RICAL DETAIL AS OF 03119/1999 ;"'==:::===;====::======="'======:= ACCOUNT NUMBER ==> 0558689158710 "'''''''='''===-:::i"''7 - --= ----::::=::======="'==::=::=="''''=''''''=::='''=:::: GEORGE HOFPENBECKER NOW DUE: 125.00 SCHED BAl lMT: :;604.00 PAYMT: CASH CASH LMT: 00 BAL : ACCT TYP: SCC STATUS: NEW BAl: 2619.63 63.00 PRVBAl.; 2577.73 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT ... NO TRANSACTIONS FOR 0311911999 ... '.FINANCE CHARGE ON AVG DAILY BAlANCE OF $2597.87 41.90 CURRENT BAlANCE: 2619.63 DELAYED SALES: .00 NEW BALANCE 2619.63 HD. HIS"fORICAl DET All AS OF 0211911999 ::=::::",::"==,,=,,=,,=,,,,=,,=,,=,,=,,= ACCOUNT NUMBER => 0558889158710 """=""=""=""--:::=="""""--:::"""""="====="===""=""=""=="""=""=== GEORGE HOFFENBECKER NOW DUE: 62.00 SCHED BAl LMT: 2604.00 PAYMT: CASH CASH LMT: .00 BAL : AceT TYP: SCC STATUS: NEWBAl: 2577.73 62.00 PRVBAL; 2634.87 BALANCE .00 TRN AMi: .00 < TRAN DATE srORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0125 008604 2479 71 0125 ??oo DlV PAYM(:NT - THANK YOU 62.00cR s~S ITEMIZATION REPORT (TSYS) PAGE 14 DEPT RU 0,6.1970 REQUESTED BY VENDOR: ASG 11/28101 HD - HiStORICAL DETAIL AS OF 0211911999 =""====,,=,,=""=""=""=,,==,,==,,= ACCOUNT NUMBER => 0558889158710 =--="=="""="",===""=""=""=,,=,,===,,,,===,,,,=,,,,,,=,,==,,==,, 0220 002624096 5587 71 0221 ??oo DIY PAYME2NT. THANK YOU 62..00cR 0122 00??oo 'lC' ??oo 40 0122 0000 DIV LATE CHARGE 20.00 -FINANCE cHARGE ON AVG DAilY BALANCE OF $2624.24 46.86 CURRENT BALANCE: 2577.73 DELAYED SALES: .00 NEW BALANCE 2577.73 HD _ HISTORICAL DETAil AS OF 0111911999 ,,==,,==,,=""=""=""=,,==,,=,,"--::: ACCOUNT NUMBER =,,> 0558889158710 """=""=""===="=""="==,,======,,===,,===,,,,=,,""--:::,,"=,, GEORGE HOFF~NBECKER NOW DUE: 124.00 SCHED BAL LMT' 2604.00 PAYMT: CASH CASH LMT: .00 BAL: ACCT TYP: SCC STATUS: NEW BAL: 2634.87 63.00 PRVBAl.; 2588.25 BALANCE .00 TRN AMT: .00 < iRAN DATE srORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT ... NO TRANSACTIONS FOR 01/1911999". "FINANCE CHARGE ON AVG DAilY BAlANCE OF $2610.73 46.62 CURRENT BAlANCE: 2634.87 DELAYED SALES: .00 NEW BALANCE 2634.87 !i..J " HD. HISTORICAL DETAIL AS OF 12f1911998 ",================="'=========== ACCOUNT NUMBER =:::> 0558889158710 =====:==========:::====--:==--:=:::=:::======::::::====:::=':::===C:::======:::= GEORGiE HOFFENBECKER NOW DUE: 61.00 SCHED BAL LMT: 2604.00 PAYMT: CASH CASH lMT: .00 BAL : ACCT TVP: SCC STATUS: NEWBAL.: 2588.25 62.00 PRV BAl; 2606.06 BALANCE .00 TRN AMT: .00 < TRAN PATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 1214 008604 7381 71 1215 ??oo DIV PAYMENT - THANK YOU 63.coeR -FINANCE CHARGE ON AVG DAILY BAlANCE OF $2615.32 45.19 CURRENT BALANCE: 2586.25 DELAYED SALES: NEW BALANCE 2568.25 SEARS ITEMIZATION REPORT (TSYS) .00 PAGE 15 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 1112Bfl11 HO. HISTORICAL DETAIL AS OF 11/19/1998 ACCOUNT NUMBER ==> 0558889158710 ======'==================="'===="=============================== GEORGE HOFFENBECKER NOW OWE: 62.00 SCHED BAL LM1: 2604.00 PAYMT: CASH CASH LMT: .00 8AL : ACCT TYP: SCC STATUS: NEWBAl; 2606.06 62.00 PRVSAL: 2665.16 BALANCE .00 TRN AMT: .00 < TRAN (lATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 1114 002624096 9567 71 1115 ??oo DIV PAYMENT - THANK YOU 127.00cR 1022 o00ooo 'LC' 0000 40 1022 ??oo DIV LATE CHARGE 20.00 "FINANCE CHARGE ON AVG DAILY 13ALANCE OF $2682.55 47.90 CURREN1BALANCE: 2606.06 DELAYED SALES: .00 NEW BALANCE 2606.06 HP - HISTORICAL DETAil AS OF 10/19/1998 =",===================C======= ACCQuNT NUMBER ==:> 0558889158710 =====C===========:::=:::============:::===========:::======== GEORG~ HOFFENBECKER NOWDUE: 127.00 SCHED BAL LM1 : 2604.00 PAYMT: CASH CASH WT: .00 BAL : ACCTTYP: SCC STATUS: NEWBAL.: 2665.16 64.00 PRV8Al: 2619.51 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT ... NO TRANSACTIONS FOR 10119/1998'- "FINANCE CHARGE ON AVG DAILY BALANCE OF $2641.50 45.65 CURRENT 8AlANCE: 2665.16 DELAYED SALES: .00 NEW BAlANCE 2665.16 HO' HISTORICAL DETAIL AS OF 09119/1998 =========:::=:::======:::",========== ACCOUNT NUMBER ==> 0558889158710 =====,,=:::=======C=:::::::::=:::==:::=====--====:::=:::=--==:::=======::::::== GEORGE: HOFFENBECKER NQW DUE: 63.00 SCHED BAL lMT: 2604.00 PAYMT: CASH CASH LMT: .00 BAL: ,ACCTTVP: SCC STATUS: NEWBAL: 2619.51 63.00 PRV 8AL: 2678.08 BALANCE .00 TRN AMT: .00 < TRAN DATE STOREf# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0918 002624 157 6237 71 0919 ??oo DIV PAYMENT. THANK YOU 127.00cR 0822 o00ooo 'LC' ??oo 40 0822 ??oo DIV LATE CHARGE 20.00 SEARS ITEMIZATION REPORT (TSYS) PAGE 16 DEPT RU OA197Q REQUESTED eYVENOOR: ASG 11128101 HD . HISTORICAL DETAIL AS OF 09119/1998 =-::::::=:::=::::::================== ACcouNT NUMBER =:::> 0558889158710 =====,==============C=:::::==C:::=:::======================== "FINANce CHARGe ON AVG DAlLY BALANce OF $2712.00 48.43 CURRENT 8ALANCE: 2619.51 DeLAYeD SALES: .00 New BALANCE 2619.51 HD - HISTORICAL DETAil AS OF 08119/1998 =:::================--=::I=="'C===== '. ACCOUNT NUMBER ="'> 0558889158710 ===--==========="'====::======================="''''==,,==== GEORGE HOFFENBECKER NOW DUE: 121.00 SCHED BAL LMT: 2604.00 PAYMT: CASH CASH LMT: .00 BAL; Acel TYP: see STATUS; t-aEWBAI.:. 2618.08 64.00 PRY BAt: 2709.69 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# Te PRoe TeAT TRANS DESCRIPTION AMOUNT 0807 002624007 6432 71 OB08 ??oo DIV PAYMENT. THANK YOU 100.00cR 0722 00??oo 'Le" ??oo 4Q 0722 (J(lQQ ow LATE CHARGE 20.00 '.FINANCE CHARGE ON AVG CAlLY BALANCE OF $2710.00 48.39 CURRENT BALANCE: 2678.08 OElAYED SAlES: .00 JIIEW BALANCE 2678.08 ACCOUNT NUMBER "'=> 055B889158710 HD. HISTORICAL DETAIL AS OF 07119/1998 ========="'==::,,=========:....-==== ==;;;=::=======c=l====:===========::=:::==;===:::=====::====== GEORGE HOFFENBeCKER NOW OUE; 163.00 SCHED 8Al LAn: 2604.00 PAYMT: CASH CASH LMT: .00 BAL; Acel TYP; see STATUS: NEWBAL.: 2709.69 65.00 PRVBAL: 2742.16 BALANCE .00 TRNAMT: .00 <TRANDATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0710 002624 096 3329 71 0711 ??oo DIV PAYMENT - THANK YOU 100.00cR 0622 o00ooo 'LC' 0000 40 0622 ??oo ON LATE CHARGE 20.00 "FINANCE CHARGE ON AVG DAILY BALANCE OF $2730.16 47.53 CURRENT BALANCE: 2709.69 DELAYED SALES: NEW BALANCE 2709.69 SEARS ITEMIZATION REPORT (TSYS) .00 PAGE 17 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 11128101 ACCOUNT NUMBER ="> 0558889158710 HD. HISTORICAL DETAIL AS OF 0611911998 ="""======="=="======="=""===========""=""=====""="==== GEORGE HOFFENBECKER NOW DUE: 198.00 SCHED 8AL LMT: 2604.00 PAYMT: CASH CASH LMT: .00 BAL : ACCT TYP: SCC STATUS: New BAL: 2742.16 66.00 PRY BAL: 2673.67 BAlANCE .00 TRN AMT: .00 .{:. TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DE:SCRIPTION AMOUNT 0522 000000 'LC' ??oo 40 0522 ??oo OIV LATE CHARGE 20.00 "FINANCE CHARGE ON AVG DAILY BAlANCE OF $2691.73 48.49 CURRENT BAlANCE: 2742.16 DELAYED $ALES: .00 NEW BAlANCE 2742.16 ACCOUNT NUMBER ",,-> 05511889158710 HD . HISTORICAL DETAIL AS OF 0511911998 ====""=========="=,,=,,==,,,,"== ",="====""========",=="=,,,,,,,,===--========,,==,,=====,,= GEORGE HOFFENBECKER NOW DUE: 132.00 SCHED BAl..1..MT: 2604.00 PA'fMT: CASH CASH LMT; .00 8AL : ACCT TVP: SCC STATUS: NEW BAL: 2673.67 64.00 PRv BA!..; 2672.96 BALANCE .00 TRNAMT: .00 ..; TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0515 002624096 0885 71 0516 ??oo DIV PAYMENT. THANK YOU 66.00cR 0422 0011000 oLC' ??oo 40 0422 ??oo DIV LATE CHARGE 2OJJO "FINANCE CHARGE ON AVG DAILY BALANCE OF $2682.16 46.71 CURRENT BALANCE: 2673.67 DELAYED SAlES: .00 NEW BALANCE 2673.67 ACCOUNT NUMBER ==> 0558889156710 HD. HISTORICAL DETAIL AS OF 0411911998 ;;:==--===""===================""""",,=======---:;:"'==,,,,==,,=== GEORGE HOFFENBECKER NOW DUE: 134.00 SCHED eAL LMT: 2604.00 PAYMT: CASH CASH WT: .00 SAL : ACCT TVP: SCC STATUS: NEWBAL: 2672.96 64.00 PRY 8AL: 2674.59 BALANCE .00 TRN AMT: .00 ~, "', " <TRANCATE STOR~# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0417 002624096 9746 71 0418 ??oo DIV PAYMENI ,THANK YOU 70.COCR SEAR$ ITEMIZATION REPORT (TSYS} PAGE 18 DEPTRU OA1970 REQUESTEOBYVENOOR:'ASG 11/28101 HD. HISTORiCAl DETAIL.AS OF 04119/1998 =,,=""""'=,,"'''''''''''=======''''=''''='''''' ACCOUNT NUMBER == 0558889158710 =""==="""""==="'=""=""=,,===,,=="""""""=,,=,,==,,=,,:--=====,,== 0324 o00ooo 'L.C~ ??oo 40 0324 ??oo ON LATECHAftGE 20.00 "FINANCE CHARGE ON AVG DAIL.Y BALANCE OF $2686.85 48.37 CURRENT BAlANCE: 2672.96 DELAYEDsAL.ES: .00 NEW BAlANCE 2672.96 HO . HISTORICAL. DETAIL. AS OF 03119/1998 ="=="=,,==,,,,===,,==,,,,=,,=,,======= ACCOUNT NUMBER =,,> 0558889158710 ""="""===="=="======="="="======"""=""="="="="="==" GEORGE HOFFEN6e:CKER NOW DUE; 140.00 SCHED BAL. L.MT: 2604.00 PAYMT: CASH CASH LMT: .00 BAt. : ACCT TVP: SCC STATUS; NEW6AL.; 2674.59 64.00 PRV8AL.:" 2742.12 BALANCE .00 TRN AMT: .00 < TRAN DATE STORS# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0310 008604 923!i 71 0310 ??oo DIV PAYMENT. THANK YOU 66.00cR 0320 00262.4096 8730 71 0321 ??oo DIV PAYMENT. THANK YOU 66.00cR 0224 00??oo "L.C' ??oo 40 0224 ??oo DIV LATE CHARGE 20.00 "FINANCE CHARGe: ON AVG OAIL.Y BALANCE OF $2737.33 44.47 CURRENT BALANCE: 2674.59 DELAYED SAL.ES: .00 NEW BALANCE 2674.59 HO. HISTORICAL. DETAIL. AS OF 02/1911998 =""=""""="'==,,==""=,,==,,=,,==,,=""" ACCOUNT NUMBER "'''> 055888915871 0 ==:--=="=""===,,,============,,===,,==,,=,,==,,,,=============,,= GEORGE HOFFENBSCKER NOW DUE; 208.00 SCHED BAl. WT ; 2604.00 PAYMT; CASH CASH L.MT: .00 BAL.; ACCT TVP: SCC STATUS; NEW6AL.; 2742.12 66.00 PRV BAl; 2122.77 BAlANCE .00 TRN AMT: .00 < TRAN DATE STORE#' REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0221 002624 024 9777 71 0222 0000 DIV PAYMENT. THANK YOU 50.DOCR 0124 00??oo 'L.C' ??oo 40 0124 ??oo DIV LATE CHARGE 20.DO SEARS ITEMIZATION REPORT (TSYS) PAGE 19 DEPT RU OA1970 REQUESTED BY VENDOR: ASG t1/2S101 HD - HISTORIcAL. DETAlL.ASOF 02/19/1998 =,,=,,===========,,==========="" ACCOUNT NUMBER "'''> 0558889158710 =====,,===,,==,,==================="--====,,============= '.FINANCE CHARGS ON AVG DAIL.Y BALANCE OF $2739.54 49.35 CURRENT BALANCE: 2742.12 DELAYED SALES; .00 NEW 6AL.ANCE 2742.12 HD. HISTORICAL DETAlL.AS OF 01/19/1998 ACCOUNT NUMBER ""> 0558889158710 ====="'======,,===============--"'=========,,======,,======= GEORGE HOFFEN6ECKER NOW DUE: 192.(10 SCHED BAL. LMT: 2604.00 PAYMT: CAS" CASH L.MT: .00 BAL. : ACCT TYP: SCC STATUS; NEW BAL.; 2722.17 65.00 PRY BAL.; 2719.89 BAWlCE .00 TRN AMT; .00 < TRAN DATE STOREP REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 1227 002624096 4769 71 1228 ??oo DIV PAYMENT. THANK YOU 65.00cR 1224 o00ooo 'L.C. ??oo 40 1224 ??oo DIV LATE CHARGE 20.00 -FINANCE CHARGS ON AVG DAIL. Y BALANCE OF $2688.24 48.08 CURRENT BAlANCE; 2722.77 DELAYED SAL.ES: .00 NEW 6AL.ANCE '}.722.77 , " ) HQ. H!STORlCAl DETAil AS OF 12/19/1997 ===""'=========,,======--=====,,== ACCOUNT NUMBER =:> 0558889158710 =:=====:,,==..,,======""'======="'="''''=--======'''..========::=== GEQRGEHOFFENBECKER NOW DUE: 192.00 SCHED BAL Wi: 2604.00 PAYMT: CASH CASH WT: .00 BAL : ACCT TYP: see 51 ATUS: NEW BAL: 2719.69 65.00 PRV 6AL: 2653.16 BAlANCE .00 TRN AMT; .00 < iRAN DATE STORE# REG# TRAN# Te PROC TeAT TRANS DESCRIPTION AMOUNT 1124 o00ooo "LC' ??oo 40 1124 ??oo DlV LATE CHARGE 20.00 "FINANCE CHARGE ON AVG DAilY BALANCE: OF $2669.83 46.53 CURRENT BAlANCE: 2719.69 DELAYED SALES: NEW BALANCE 2719.69 SEARS ITEMIZATION REPORT (TSYS) .00 PAGE 20 OEPT RU OA197Q REQUESTED BY VENDOR: ASG 1112a101 HQ. HISTORiCAl DETAil AS OF 11/19/1997 ACCOUNT NUMBER => 0558889156710 =======:======"'======================="'=================.... GEORGE HOFFENBECKER NOW DUE: 127.00 SCHED SAL LMT: 2604.00 PAYMT; CASH CASH LMT: .00 BAL; ACCTTYP: SCC STATUS; NEWBAL: 2653.16 64.00 PRY BAL: 2649.64 eALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 1106 008604 4549 71 1106 OOOQ DIV PAYMENT. THANK YOU 64.00cR 1024 000000 "LC' ??oo 40 1024 ??oo DIV LATE CHARGE 20.00 .'FINANCE CHARGE ON AVG DAILY BALANCE OF $2639.58 47.52 CURRENTSA'-"'NCE: 2653.16 DELAYED SALES: .00 NEW BALANCE 2653.16 HD. HISTORICAl DETAIL AS OF 10119/1997 ===========:===:=:=======::=::: ACCOUNT NUMBER =:0. 0558689158710 ====::=::===::::::=:=====:========:====::====::::=::==:::::===::=: GEORGE HOFFEN5ECKER NOWDUE: 127.00 SCHED BAL LMT ; 2604.00 PAYMT; CASH CASH LMT: .00 BAL; ACCT TYP: SCC STATUS: NEW BAl; 2549.64 63.00 PRVBAl: 2584.31 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0924 o00ooo .LC' 0000 40 0924 ??oo DIV LATE CHARGE 20.00 .'FINANCE CHARGE ON AVG DAILY BAlANCE OF $2600.98 45.33 CURRENT BAlANCE: 2649.84 DELAYED SALES; .00 NEW BALANCE 2649.84 HD. HISTORICAL DETAIL.AS OF 09119/1997 :=::=::===='=:::=====::==::===''''--=:::: ACCOUNT NUMBER :=:0. 0558889158710 =:=='::::====::=::::===::===:=:=='::=::::=:=::::--=--=:=::=:=::== GEORGE HDFFENBECXER ACCT TIP: SCC STATUS: NOW DUE; 84.00 SCHED NEW BAL: 2584.31 BAL WT: 2804.00 PAYMT: 62.00 PRY 8AL; 2607.54 CASH BALANCE CASH L.MT; .00 BAl. : .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TeAT TRANS DESCRIPTION AMOUNT 0826 008604 0639 71 0828 ??oo DIV PAYMENT. THANK YOU 81.5OCR SEARS ITEMIZATION REPORT (TSYS) PAGE 21 DEPT RU OA1970 REQUESTED BYVENOOR: ASG 11/28/01 HO. HISTORICAL. DETAlL.AS OF 09119/1997 ===:==::====:==:===:==:===== ACCOUNT NUMBER ==> 0558889158710 0917 002624071 9786 12 0918 ??oo OIV071 WEEDWACKER 31.79 09'19 002624 011 1162 11 0919 ??oo 0\\1 PAYMENT _ THANK YOU 6O.00cR 0824 o00ooo 'LC' ??oo 40 0824 ??oo DIV LATE CHARGE 20.00 "f'INANCE CHARGE ON A\lG OAIL'f BALANCE OF $2582.12 4ti.48 " CURRENT BALANCE: 2584.31 DELAVEDSALES: .00 NEW BALANCE 2584.31 ACCOUNT NUMBER ='" 0558889158710 HO - HISTORICAL DETAil AS OF 0&'19/1997 =,,==:===========:--=====:===;;== ==--==;;====--========::::-..:==:=::===========:=--: GEORGE HOFFEN8ECKER NOW DUE; 123.50 SCHED BAL LMT: 2604.00 PAYMT; CASH CASH LMT: .00 BAl : ACCTTYP: see STATUS: NEW BAL: 2607.54 62.00 PRV BAL: 2541.45 BALANCE .00 iRN AMT: .00 < TRAN DATE STORE# REG# TRAN# Te PROC TCAT TRANS DESCRIPTION AMOUNT 0724 o00ooo oLe' ??oo 40 0724 ??oo DIV LAiE CHARGE 20.00 -FINANCE CHARGE ON AVG DAILY BA1.ANCE OF $2558.22 46.09 CURRENT BAlANCE: 2607.54 DELAYED SALES: .00 NEW BALANCE 2607.54 ACCOUNT NUMBER ::=> 0558889158710 HD . HISTORICAL PET AIL AS OF 07f1911997 =::=====::=====;;=:=============== ===;.....,========"'=========::==============--======::== GEORGE HOFFENBECKER NOWOUE: 61.50 SCHED BAlLMT: 2604.00 PAYMT: CASH CASH WT: .00 BAL : 'ACCT ,TYP: SCC STATUS: NEW BAL 2541.45 61.00 PRVSAL: 2599.35 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# Te PROC TCAT TRANS DESCRIPTION AMOUNT 0627 008604 2272 71 0627 ??oo ow PAYMENT - THANK YOU 51.coeR 0716 008604 8354 71 0717 ??oo ON PAYMENT _ THANK YOU 61.5OCR 0624 0??oo0 'lC. ??oo 40 0624' 0000 DIV LATE CHARGE 20.00 SEARS ITEMIZATION REPORT (TSYS) PAGE 22 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 11/28101 ACCOUNf NUMBER ==> 0558889158710 HD. HISTORICAL DETAIL AS OF 07/19/1997 -FINANCE CHARGE ON AVG DAILY BALANCE OF $2548.47 44.60 CURRENT BALANCE: 2541.45 DELAYED SALES: .00 NEW BALANCE 2541.45 ACCOUNT NUMBER => 055BBB9156710 HD - HISTORICAL DETAIL AS OF 06119/1997 GEORGE HOFFENBECKER NOW DUE: 123.00 SCHED BAl lMT: 2604.00 PAYMT: CASH CASH lM1: .00 BA!... : ACCT TYP: see STATUS: NEWBAL: 2599.35 62.00 PRVBAL: 2554.64 BALANCE .00 TAN AMT: .00 < TRAN DATE STOREn REG# fRAN# TC PROC fCAT TRANS DESCRIPTION AMOUNT ... NO TRANSACTIONS FOR 06119/1997'" "FINANCE CHARGE ON AVG CAllY BALANCE OF $2554.64 44.71 CURRENT BALANCE: 2599.35 DElAYEO SALES: .00 NEW BALANCE 2599.35 ACCOUNT NUMBER ==> 0558889158710 HD - HISTORICAL DETAIL AS OF 05/19/1997 ==--================================================ GEORGE HOFFENBECKER NOW DUE: 61.00 $CHED BAL LMT: 2604.00 PAYMT: CASH CASH lMT: .00 BAL: Acel TYP: sec STATUS: NEWBAL: 2554.64 61.00 PRVSAL: 2575.29 8AU\NCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0522 008604 2780 71 0522 ??oo DIV PAYMENT. THANK YOU 62.00cR $2654.82 -FINANCE CHARGE ON AVG DAILY BALANCE OF 41.35 CURRENT BALANCE: 2554.64 DELAYED SALES: NEW BALANCE 2554.64 SEARS ITEMIZATION REPORT (TSYS) .00 PAGE 23 DEPT RU OA1970 REQUESTED BY VENDOR: ASG 11/28/01 '-- . - I. , , HO - HISTORICAL OETAlLAS OF 04119/1997 "========,,=-,-===,,=,,===;;..-::===== ACCOUNT NUMBER ,,=;> 0558889158110 =========:====::============,,============;;..-:===,,= GEORGE HOFFENBECKER NOW OUE; 62.00 SCHEO BAl LMT; 2604,00 PAYMT: CASH CASH LMT; .00 BAL: ACCT TVP: SCC STATUS; NEW BAL: 2575.29 62.00 PRVBAL: 2595.65 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0420 002624096 2016 71 0421 ??oo DIV PAYMENT. THANK YOU 62.00cR "FINANCE CHARGE ON AVG DAILY BAlANCE OF $2574.20 41.64 CURRENT BAlANCE: 2575.29 DELAYED SAlES: .00 NEW BAlANCE 2575.29 HD - HISTORICAL DETAIL AS OF 03119/1997 ACCOUNT NUMBER ,,"> 0558889158110 ===="========,,=========="'======,,=====---===========,, GEORGE HOFFENBECKER ACCT TVP: see STATUS: NOW DUE: 62.00 SCHED NEW BAL: 2595.65 BAL LMT: 2604.00 PAYMT:" 62.00 PRV BAL: 2865.95 CASH BALANCE CASH LMT: .00 8AL : .00 TRN AMT: .00 <: TRAN DAiE STORE# REG# iRAN# TC ?ROC TCAT TRANS DESCRlPilON AMOUNT 0321 002624900 0806 71 0322 ??oo DIV PAYMENT _ THANK YOU 128.00cR 0301 o00ooo 'LC. ??oo 40 0301 ??oo DIV LATE CHARGE 15.00 -FINANCE CHARGE ON AVG DAILY l3ALANCE OF $2644.50 42.70 CURRENT BAlANCE: 2595.65 DELAYED SALES: .00 NEW BALANCE 2595.65 HD - HlSTORlCAL DETAIL AS OF 0211911997 ="'======="';;..-:=,,====="'=======,,== ACCOUNT NUMBER "";> 0558869158710 =================,,===================,,========,,=======,,== GEORGE HOFFENBECKER NOW DUE; 128.00 SCHED BAL LMT: 2604.00 PAYMT: CASH CASH LMT: .00 BAL : ACCT TYP: sce STATUS: NEW BAL: 2665.95 64.00 PRY BAL: 266821 BALANCE .00 TRN AMT: .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0220 002624096 9205 71 02210000 DIV PAYMENT. THANK YOU 6O.00cR SEARS ITEMIZATION REPORT (TSYS) PAGE 24 DEPT RU OA1970 REQUESTED 6Y VENDOR: ASG 1112.8101 HO. HISTORICAL DETAIL AS OF 02119/1997 ACCOUNT NUMBER =;> 0558889158710 0129 OOOOOO'Le' QOOl) 40 0129 ??oo ON LATE CHARGE 15.00 "FINANCE CHARGE ON AVG DAILY BAlANCE OF $2646.76 42.74 CURRENT BAlANCE: 2665.95 OElAYED SALES: .00 NEW BALANCE: 2665.95 HD - HISTORICAL DETAIL AS OF 01/19/1997 =======================" ACCOUNT NUMBER =",. 0558889158710 ==============,,========="'::....-:===-------=====;;..-:===== GEORGE HOFFENBECKER NOW DUE; 124.00 SCHED BAL LMT: 2604.00 PAYMT: CASH CASHLMT; .00 8AL: ACCT TVP: SCC STATUS; NEWBAl..; 2686.21 64.00 PRVBAL: 2557.62 BALANCE .00 TRN AMT; .00 < TRAN DATE STORE# REG# TRAN# TC PROC TCAT TRANS DESCRIPTION AMOUNT 0104 006364 028 8304 12 0105 ??oo DIV095139 ENVIRONMENTAL FEE TIRE 114.34 0104 002624900 3882 71 0105 ??oo DIY PAYMENT - THANK YOU 60.00cR 1229 o00ooo OLe- ??oo 40 1229 ??oo DIV LATE CHARGE 15.00 -FINANCE CHARGE ON AVG DAILY BALANCE OF $2561.77 41.25 CURRENT BAlANCE: 2666.21 DELAYED SALES: .00 NEW BALANCE 2668.21 PAID OFACE OF PERSONNEL MANAGEMENT BY RE,\REMEm PROGRAMS P.O. BOX 45 'ST,!I.TEMENT OF ANNUITY PAID , , . Copy C - I=or annuitant's records. This information Is being furnfshed to the U 5 Internal Revenue Service. 1999 II Control numl:l~r ldEmp'aYIIII'sSocialSe~ritynu"'b<lr r OMBNo.1545-lla~8 "Thl. "'r.m\'u.,~ I. ~.Ing ",.....hod to tIlo Int...... ftownuo $oI'>lc.. Ifvou .... ",q"".~l<> ~lo' "ox rolum. CSDl07574 l80-42-7779 .'"'gUg._""naltyo..lh.r..n<tl.n..oyb.lrnpo.."<>nyoulfthl."'c.....I.I...b~.."dyQulohI.rlp.ortlt. t>ElT'ploy"'ridllnlffir.ationr....mbAr 1 Wageos, ~;DC, Olh.r"ompDn~"tlan :!I'edii....lnr.".....t""withheld 57-0717652 60299.89 12l60.93 c Employer's name, lIddtuss, and ZIP code :JSaclalsBcl,,,ity_g',,; 4SDc,alsocul'ity~xwitl1h"td DFAS OPLOC-CHAS (ZGT) 0.00 0.00 1545 TRUXTUN AVENUE SUITE C 5 M"dieara wagos;mCl lips 6 Modi",,",taxwithhold CODE P 60605.99 878.79 CHARLESTON SC 29405-l968 7 Sacilll socuricytips l!;Allocatodtips 0.00 0.00 eEmployoo'snllmc,lIddr"ss."m:iZipccde IJAdvllI\CoElcp..ymom 't(lDepond'eO(car"bllno1its 0.00 GEORGE HOFFENBECKER 12 ElllnllfItsincludod inbo:< 1 14 S....instrs. farbox 14 505 HAMILTON ST X W.OO CARLISLE PA 17013-l970 13 Soolnstn:.forbo:< 13 D 306.10 " nDe~e""ed D~Qga1 fX1~e!::~~d . DSt"Iu;,?~ ~p.m"ion em cee '"" . ~om onsat.on 165(<1fe Emp/ayclr'sstlltGf.O.no. 175(lltOW3.ge~tipS:.Qfc. 185~"ineom"tax 19 Loell.li(ynlllTl" ,2llLoell/W:lge5.tips,ot<:. 211.celllfnecl'ndlto1l: PA ...I<l~.:::<<';?''!'.!;.?.!I,.Q_._...____... 60605.99 ._._.__.!::~.~<<';.,..~.ll. .~l?J:lJ.!:!!...._ 60605.99 606.05 ...m""nn" ........................................ ..................................... ....................-.......--..... 0.06 0.00 HAMPDEN 0.00 0.00 ~ .", ~ "' ~ ~ C Z ~ - > o ~ -'" _aJ-ro "ZO g'~ 2 ~.,2,E :g~ e;~ ~ O:::.~ ~ ~ 8!: 0:::::0 ;;:~" "' 0 ~ Q'E-2 ~ :~ g. "-Fe BOYERS,PA 16017-0045 52-6083~99 Annuitant's Social Security No. 11. Federal Income Tax withheld I Gross annuity amount I 180-42-7n9 327.00, 2720.00 Health Insurance Premiums PAl.. 241.46 TO GEORGE HOFFENBECKER Retirement Claim No. 505 HAMILTON ST CS A3902876 CARLISLE PA 17013-1970 Distribution Code I 2-NONDISABILlTY To separate, tear on perforation Fo"" W2 Wage and Tax Statement 1999 Department ofthe Treasury~ Internal Revenue Sli!rvice rv ADJUSTMENT Old Status State 1 State income tax withheld NONE State 2 State income tax Withheld NONE Original contributions 48246.00 Note Carefully read the enclosed information Copy C For EMPLOYEE RECORDS (See Notice on back) New Status - J....)'-"-'lJ>f:..:'.: 1< ~ ;"..:...: .'~;" REMEMBER - Each payment is for the previous month. }fU\...i'....: Reasons for Adjiistmertt >".' ,;.;...::......:.. :nJ. rH.\""i!.JLu.i.tJ-li::'. ........Ji.~:......l It q {,:;'0 ,.,:;..,''1' ..:.. r:F. ;.j~. ;iAL. h;,~ ~ - ,..... t..... .-;1 t;;"i :i.oJ :-;~ .1,:'1;.;. l;.-j.. f" ~;:"''';d \.... .....,"'if). i)..:; 1:;/ a ,i,.,. ,....i...tw,-'~~.T ;..:I"."";{ii..L!.-' i", r .4:i -: i..l':';L ., 'i L,...LL-l.t"..... "":1...>'1 i uLL-~..;;:-~L:'-. i~Ut'I..h,_,~,;; .l.-06..... -7.~;-v '(.:)..JCl' L.....::.i 2;-'1..r-,~ oJ,11.-d..l\ r.:,t: 1..iJC..:..L ,w;:..Sdi~'.~Gr.:J:~~ ".J,~t.~,,'i CALL ~id:" A~~':'t:.~ .'l....!:"" CL.~L :...:.2-r...,:....l.;1-<jj:j':"'" cwr:r.~,"(:'f T;-;:';;,; ..i,:":,j '[I' ;'.:...;.L"'''' ?,,-iL";'.,n.:. .J~:"'"'.-JIL.:... ~.:JK ldi"li\"'~{"-;:,T.t~._ .,.....;.....5-....1 i Of.- ..."l"'!\.....u..~r "iJ-') 1"{l:.I.:.D i J .-;..... iL "11. i ..~1 ;..1- U-:.. .' ",/:J"" l..-..i.....L.... .J..;~,L......:., P_,~j;,.L1.r~,...... it' '-{ '-'.... .J v . ~:.... l ....:.. -.iL l.: ~),.. .J...;: ;;,: ~ ~."i :nt.. L,.... ,,. .L.i.,,,~... ~ I ,t, ""o...:.JI "j~.; ,':'0 h../') -,< ,1:.:,..:......,1,.../ i",^_ r , { j ;. I " , " r -i' '.J '.r' li~~rilU,jw~!"!",g,_~_;1:.~c.Y.'lI<li!'.',M;.JJ$f\~'l,,HI'\jif'i&\ji1'.'!ffl';,m"~tr"illt_'!1In>J""",j'''''_d':':iH,~,<,'~',J"i!.t,i;f~~~lillIl!lll;jllr:tll>l~~""'4t"'_,~~~1Il.:1llli ~ , STATEMENT OF EARNINGS & DEDUCTIONS RETAIN FOR YOUR RECORDS . , , ENGINE CTLS - HARRISBURG 8553A 21 ROADWAY DRIVE CARLISLE PA 17013 L ECO WKl 0043 2 PERIOD ENDING: DEPOSIT DATE: 07 16 2000 07 212000 /HE NET PAY AMOUNT HAS BEEN DEPOSITED AS FOllOWS: ACCOUNT NUMBER AMOUNT 435231 163.55 '00248 GEORGE HOFFEN8ECKER 0 505 HAMILTON STREET CARLISLE PA 17013 L 100127392 ENG CTLS TAXES/DEDUCTIONS CUHRENT YEAR TO DATE FEDERAL TAX 14.43 296. 62 l'lEO ICARE 2.92 60.59 F.I.C.A. 12 .46 259.05 PA STATE TAX 5.63 11 7.02 l'lIDLSEX HI 2.01 41.78 PA OCU 10.00 37c L/ r "7V ( .c, ~ ~ Co C I COMP RATE 9.75 ~.., ~~~ ,-~ _. ~-"-""'-~ -1IDl!o'il r ..--.- , EI"RNINGS HRS. . CURFjENT YEAR TO DATE HOLl DAY , , 78. 00 REGULAR 20.00 195.00 3965.00 SH 1FT DIFF 6.00 135.30 W2-EARNI NGS 201.00 4178.30 . i-I I, f . ~ ," ..-"" ,~.~ - .~~'""-~ . . ~.~.~ "c'_. I II ,;,_,"c,,_,_ . . , > .., 5. WITHIN THE LAST TEN (10) YEARS, HAVE YOU OWNED A LIFE INSURANCE POLICY INSURING THE LIFE OF LUCY HOFFENBECKER? IF THE ANSWER IS IN THE AFFIRMATIVE, PROVIDE THE NAME OF THE liFE INSURANCE COMPANY AND THE POLICY NUMBER. PROVIDE DOCUMENTARY EVIDENCE OF THE CASH VALUE OF THE LIFE INSURANCE POLICY. IF THE LIFE INSURANCE POLICY IS NO LONGER IN EFFECT, STATE THE LAST DATE UPON WHICH PREMIUM PAYMENTS WERE MADE. FOR ANY LIFE INSURANCE POLICY DESCRIBED IN THIS PARAGRAPH, PROVIDE THE NAME AND TELEPHONE NUMBER OF THE AGENT THROUGH WHOM THE POLICY WAS PURCHASED. ANSWER: Defendant is aware of no life insurance currently insuring Lucy Hoffenbecker. Defendant is not aware of ever having a life insurance policy on the life of Lucy Hoffenbecker. Defendant previously had a life insurance policy on his life through Monumental Life Insurance. That policy contained a rider of $5,000.00 covering Lucy Hoffembercker. That policy was terminated at the time of defendant's retirement on September 30, 1999. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF By: 5 " . . , . VERIFICATION '. I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. S 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. GEOR~ OZBECKER DATE: Il. /).7; I ( j -~. - :-;-;- ,j 6 , ,-d'"'-.., ,. . .. '. ~ . ~ Lucy M. HOFFENBECKER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE AND NOW, THIS ) r? DAY OF ~~/ 2001, I, CAROL J. LINDSAY, ESQUIRE, OF THE LAW FIRM SAIDIS, SHUFF, FLOWER & LINDSAY, ATTORNEYS, HEREBY CERTIFY THAT I SERVED THE WITHIN PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANT THIS DAY BY DEPOSITING SAME IN THE UNITED STATES MAIL, FIRST CLASS, POSTAGE PREPAID, IN CARLISLE, PENNSYLVANIA, ADDRESSED TO: GEORGE HOFFENBECKER clo ROBERT G. FREY, ESQUIRE FREY AND TILEY 5 SOUTH HANOVER STREET CARLISLE, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF By: QUIRE 7 -- , _.-~ '! p 'Mo .. ( ,.' .. LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: clindsay@ssfl-Iaw.com www.55ft-law.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAlDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL). LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, II REPLY TO CARLISLE January 17, 2002 Robert F. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 RE: Hoffenbecker v, Hoffenbecker No. 00-6316 Civil Term Dear Rob: I have received the answers to Interrogatories and regret that the answers to No. 3 are not responsive except as to the Sears debt. I assume that Mr. Hoffenbecker is not putting on testimony, therefore, as to the date of separation balance on any alleged marital debt. Answer 4 is not responsive to the extent that it does not tell us into which account the $25,000.00 was deposited, nor does it provide documented evidence for the disposition of the bonus. Further, Answer 1 is not responsive since we do not have any documentary evidence of the amount stated in the Thrift Savings Plan. Since the Interrogatories are not responsive. I am pursuing the Petition to Compel Discovery. If you have a resolution to this matter, please do not hesitate to tell me. Very truly yours, SAlOIS, SHUFF. FLOWER & LINDSAY, P.C. Carol J. Lindsay CJUljb cc: Lucy Hoffenbecker EXHIBIT il I ~tJ ". ... iIf' ~~" ~''''''''''IiII'' --.'.....w .'~;..IiIiI~_\ll.i!tMiJ&.-ji~~til.t1#..~.M:tl"'~~illfiit~liIii~~~,;~1IIiliilIil ^~ _11M (') ~; i~ -< --,- ~() ZC) ;i>() s: z ..-/ --< ~ a '" (') -'1 "',,1 ,. Fil,;::J -1-"-'- ~~-- c-----, ._,t'..... '-~~;; c:) (5iI~ {'~jf'i1 ""' :0 -< , ~;;' -,.. '- '" "v :-2 N ".. (]. ., SAIDIS SHUFF, FLOWER & LINDSAY ATIORNBYS-AT-LAW 26 W. High Street Carlisle, P A Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER vs. GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT "'" "" [- d-,.', -,' ;""'n,<,d, '>~. , _ I, ,_ ,.' ""~' "' : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAw No. 00-6316 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW THIS Z- '" ft, DAY OF IMvc..L ,2002, upon consideration of the within Plaintiffs Petition for Contempt and Sanctions, a day of 9./ AD -' 1 of the Courthouse at Carlisle, Pennsylvania at 9:,3eJ hearing thereon is set for the Jdft I Room No. I', II!I ~.m. ~ '77J ; ~f- ~ /03, ~tJk4 fvut I Jjf~ ~ ~ II} /73)'1 I II i I , 2002, in Court o'clock BY THE COURT, .~ ~ 'I. J- 0.2..> 9--. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 w. High Street Carlisle. PA "," ,-,'-.<" "'d." _ '", ',_ ~,~"-,, ,,- - Lo'", '. ' ._ _",_ , ~- . .1 I.UCY M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE PLAINTIFF'S PETITION FOR CONTEMPT AND SANCTIONS NOW COMES Lucy M. Hoffenbecker, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY and petitions this Honorable Court as follows: 1. On February 1, 2002, this Honorable Court ordered the Respondent to answer Interrogatories propounded within 30 days of the Court Order. A copy of the Court Order is attached hereto as Exhibit "A". 2. The Court's Order was served on February 6, 2002. 3. Thirty days have passed and there have been no responses to the Court's Order. 4. Petitioner has incurred attorneys' fees of approximately $400.00 in an attempt to obtain discovery. 5. The Master has been appointed in this case. 6. Petitioner believes and therefore avers that without the discovery requested, she will be prejudiced at the Master's hearing in the following respects: A. By not having the opportunity to confirm or refute that marital debt alleged is indeed marital debt and not a dissipation of marital assets. B. That Respondent made proper disposition of a Thrift Savings Plan, liquidation of which took place at the time of his retirement on September 30, 1999, but for which no evidence has been produced as to the amount in the Thrift Savings Plan at the time of retirement or that the disposition subsequent to retirement was proper. .,-- l '_ - '~'_ .,;,.:..-> , i - . ,,-.t C. That $25,000.00 in severance pay was deposited and properly disposed of. WHEREFORE, Petitioner prays this Honorable Court to hold Respondent in contempt of the Court's Order of February 1, 2002 and to order: 1. Respondent to pay attorneys' fees incurred by Petitioner in an attempt to obtain discovery. 2. Prohibit Respondent from introducing into evidence at trial any evidence of alleged marital debt, except for the Sears account in Respondent's name. 3. Provide a Release to Petitioner to obtain the balance from the Federal Government which Respondent had in the Thrift Savings Plan as of the time of his retirement. 4. Order the Respondent to state into which account $25,000.00 severance was deposited and to provide a Release to attorney for Petitioner to obtain statements from the bank as to that account and Order Respondent to provide his check register for that account from the date of the deposit until the present. 5. Order Respondent to pay the reasonable attorneys' fees of Petitioner to obtain discovery through the use of Releases which he is not otherwise providing. 6. Other relief the Court deems right and just. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR P I ETITIONER SAIDIS SHUFF, FLOWER & LINDSAY By: ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle, P A SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS'AT'LAW 26 W. High Street Carlisle, P A "",'';'- ~ "- VERIFICATION I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. S 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: .,~/IA/{/0 y YZ-t}{J'L- ) II ; I SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. P A "'A " ","",;'-, .' ^ -~_J""'<l_,' ,- ~'-"':" -," ~ ~'-,~-h' ",., ]'li Lucy M. HOFFENBECKER, PLAINTIFF/MoVANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE CERTIFICA TE OF SERVICE AND now, this C)dA~ day of rr1 tZ--t e-A- 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Plaintiffs Petition for Contempt and Sanctions this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF/MoVANT BJ ~'-~ /L CAROLJ. LiNDSAYI,'ESQUIRE 10# 44693 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 ~~'o' ,"", ""'"''"..IirllWiI ....,-~,-~l18HIM~~io:M~~ .~,~,~ ,..-." ""j' , -"- ,<."' " -" .~, ,."~-- "...-- ~-"' .... C) ") c. -'-.) " :"i .. .. .- "T" , l%~ , ,) 4('_ ''',,) - Q , C: " - n , --~ , , ':'_.J , ; : C :.;~:..~ :;~ ':n -.-( :J-J -c ( ,J -< .. <-' <.~. ._'c'~" ',--,~ ,-... "'--<~" ,;. _,.,,:._~ 'J, -, ,,-,'-'__.; " . LUCY M. HOFFENBECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GEORGE HOFFENBECKER, Defendant NO. 00-6316 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of June, 2002, upon consideration of the attached letter from Carol J. Lindsay, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for June 10,2002, is rescheduled to Thursday, June 20, 2002, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, II/~ esley Oler, ..---carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Robert G. Frey, Esq. /' 5 South Hanover Street Carlisle, PA 17013 Attorney for Defendant > t T::o~ :rc . ! I II ,ii, . .> o ~ FILED'OFFiCE Ot: TV: ,J)r,,,,.!r\"'CrILlOY , "I'."., ,~_.I., I',." , .' I ill 02.JUN 'I Pi') 3: 36 CUMBEFllJ,i:!O COUNTY PENNSYLVANIA . -.....,~ ~ .~, ~__"'~-'__'lIl f'!l!llllllllllJl!l!~ ",I~~~PW*~~~ . _ , ~= ^. .. FROI.r ;' SA I D IS, SHUFF, FLOWER+L I NDSA'y' FAX I~O. 2436510 Jun. 10 2002 12; 21Pt.! P2 JAM~:; IJ. fLOWER )OHNE.gLlK~ ROBERT C. SAII)I:) GEOFFREY 5. SHUFF JAM~ D. fLOWER,jR CAROL I. L1NJ)!:iAY )OHNNA). KOPECKY KARL M. LEDE50HM J05F.PI II.. HITCHINGS TIIOMM; E. PLOWER FORl{hSl N. n{OUTMAN, II LAW UHICES SA TDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONALC(lRI'ORATION 2M WEST HIGII STREET CAf1USLI:, I'llNNSYLV MilA 1:'013 TELEPHONE: (717) 24;~-6Zl2 - J:' ACSIMILE: (717) 24.~..6510 I~MAIL: attornEly@s:s:.fI.law.t:...tTl~ June 10, 2002 The HonorablA .1. Wesley Oler, Jr. Cumberland County Courl House One Courthouse Square Carlisle, PA 17013 RE: Hoffenbecker v. Hoffenbecker No. 00-6316 Civil Term Dear Judge OIAr: - . - 1-;. ~ - L: WEST SHORE OFFICii: ~109 MARKET STREET CAMP HILL. PA 1701"1 TELEPIIONE: (717)737~"\4()5 FACSIMILE, (717)737.3407 RE~).. Y TO CAiu.1SLE Rob Frey has requested a continuance of the hearing on our Petition for Contempt scheduled for!Monday, June 10, 2007 Rt A::-lll due to a medical emergency in his family I hRve no objl'lction to the request for continu<tm;t! and ask you to schedule it at your soonesl oJJIJUlll.lllity. I enclose a propo~ed Order. Thank you for your help. Very truly yours, 1& LINDSAY, P.C. CJlJljb EnClosur;l cc: Robert G. Frey Luoy Hoffanback..r SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, PA , - ....,,' Lucy M. HOFFENBECKER, VS. GEORGE HOFFENBECKER, TO THE PROTHONOTARY: PLAINTIFF DEFENDANT ,.<,.'" "n"_",, ,~-",j : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAw No. 00-6316 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION FOR CONTEMPT AND SANCTIONS Please withdraw Plaintiff's Petition for Contempt and Sanctions filed on March SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF By: 22,2002. II lllIM~ ~ Iii" ~ -- " "-""iIiiii~11iI!~ik~~Q;ci;~~";';';' "~ ,..~,~ .", "<? "', ,,< >.' 0.0 "..."."",,, v. ." -. ~." .'~ ~. .. ~ <~"~ ~ , . .. 0 0 0 C N '"11 :;;:: :- --1 vrr. '- ~02 n-1fr "$OP.: Z::c ~t;:: 0.:)'" ~/~. U) ~~X r,-- ~lj':fi <'-" :? b'C- ~~~ z\ :;8 Y? ,:~rn "7 ';:;; =2 (::; ::b -< t /' - LUCY M. HOFFENBECKER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GEORGE HOFFENBECKER, Defendant NO. 00-6316 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of June, 2002, upon consideration of the attached letter from Carol J. Lindsay, Esq., attorney for Plaintiff, the hearing scheduled for June 20, 2002, is cancelled. BY THE COURT, rP- od. Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff esley Oler, J. Robert G. Frey, Esq. 5 South Hanover Street Carlisle, PA 17013 Attorney for Defendant ~ ~ (..J./,O.1J 9-. :rc ;~ :;j ::f! II I;' ~- , " ,. RLED-OfFICE OF T~"., "-.,-,-, "'" 1117"Rv . 'I ie !'"'~':',., I :"'r. '-,'\:1..j /(4'1 1 02 JUN 20 PrJ 3: % r-u' ;qq." '" ,. ".'" '/\ ')'\( 'v 1\f;L"c. iu ';; '-ill lj...;U 'l l PENNS\1.VAMA q ......', ~, _.""""",_, ,-a, . '-' -. ~,- .. ..,1liWI'~~11II1I'~~_~_ , , , _~",,' ,<0,' _ ,. -" ";'''''! JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, II _" ,-'l_ LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: attorney@ssfl-Iaw.com June 18, 2002 The Honorable J. Wesley Oler, Jr. Cumberland County Court House One Courthouse Square Carlisle, PA 17013 RE: Hoffenbeckerv.Hoffenbecker No. 00-6316 Civil Term - " ,~;," WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Dear Judge Oler: Thank you for continuing the contempt hearing to June 20, 2002 at 9:30 in the captioned case. The hearing, however, will not be necessary as the parties have resolved their case entirely. Please find enclosed a copy of my Praecipe. Thank you for your help. Very truly yours, SAIDiS, SHUFF, fLOWER & LINDSAY, P.C. CJUtjb Enclosure cc: Robert G. Frey. Esquire Lucy Hoffenbecker ".. <<'~. ~. ,'. "'"~' ~.. .~~, . SAlOIS SHUFF. FLOWER & LINDSAY ATrORNEYS,AT'UW 26 W. High Street Carlisle, P A Lucy M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION. LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT : IN DIVORCE 0<:)0 ~ N -.1 -Om ~ :;:1 f11rq zz ! 11 2;~) hi;;::::- 2C ' ~~~ U) ;~1~ ~;~ ~ :~;~ TO THE PROTHONOTARY: >2 fd 8F;: Please withdraw Plaintiff's Petition for Contempt and sanction~i1e<fbn iarCh PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION FOR CONTEMPT AND SANCTIONS 22, 2002. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF By: "", ~" ~! l._ LUCY M. HOFFENBECKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 006316 GEORGE HOFFENBECKER, Defendant : CIVIL ACTION - LAW : DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a final Decree of Divorce on the 11 th day of April, 2003 hereby elects to retake and hereafter use her maiden name of Lucy M. Klinger and gives this written notice avowing her intention in accordance with the provisions of 54 Pa. C. S. A. ~704. Signature of Petitioner (hml!~~ To Be Known Signature-Elected Name ~ 771, II fungW ~ . ill ;.L.~ i - COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On th, AI ~y of ~ ' 2003, b,fore m.. No"" P,bli" p~mdly appeared Lucy Hoffenbecker, to be known hereafter as Lucy Klinger, known to me to be the person whose name is subscribed to the with document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL KIMBERLY A. NALL, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 19, 2004 lk1Iilll"""'J..ali__"1klMi;,il<iI'lr~,",,,!;l;,''''ill1llj~J'W;f-l~~~t''HI"<i'-, ,oj,"""-" -- c<-J;""-'~"-"""'''''''''''_:]''''k_~,,,,,,,,,,,;'lI~tiif.."""'-'-' 1idIli~_b::H.;;;;.iP"''''' ""~_JIII - '> ..~ 0 '~ 'fq (;.;> 't ~'o;J :JC ::i :'3 ~q! ~Ir -< Rl:n !-- .'V r- '- D J;; ';3tJ - c.." - ~ Or ",C 01, """ 'j--' - ~c> --r ~ ::liI: {""-H >0 - .::>0 z ., ~ ~ - aITl ~ ';Cl - <n :l:i -..J -- "V !f3 ",.'",.- "--" . . .~ ',- SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS-AT-LAW 26 W. High Street Carlisle, P A ""'< '-"' Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE ORDER OF COURT AND NOW this ~ day of "Jav,,-....b, 2002, upon consideration of the within Petition, a Rule is issued upon Respondent to show cause why the relief requested should not be granted. RULE returnable 2..-0 days from date of service. By tbe Court, J, " . L~~ /1-/9-0.2 fY) ~1\5 l . . 8~ufF FloweR <t Un ~ ioUo.\~\S, . r~J JJ:(r ,I II II 1\ .= .,~ - ., ~. .~~,.' ,"= 0;2 t-.!Cl',! CU:\.'i2l~.;-< 1./," PcN;\:~;\'r' ~= n r~ I ,~ '."' i-- rJ~ /." !.^I,rl. ."'-"iY.,,-\ _, .~~< ,._~O~""~_ ..., A~._'--".~,~~~- ~.." ~m,1I"!'l'rTl:lIlI':w;Pi~illl:;m~1f' "' ~ SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS-AT-LAW 26 W. High Street Carlisle, PA - . ~ _ ^. <,;1 "".'.;;:-:;::.1 ,,;..<'. " , Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE PLAINTIFF'S PETITION TO ENFORCE THE PROPERTY SETTLEMENT AND SEPARA TION AGREEMENT NOW comes Lucy M. Hoffenbecker, Plaintiff, by and through her counsel, Saidis, Shuff, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on September 13,1975. 2. On June 19, 2002, the parties entered into A Property Settlement and Separation Agreement attached hereto as Exhibit "A". 3. Paragraph 2 of the Agreement states an acknowledgement that the marriage is irretrievably broken and that they will secure a mutual no-fault divorce and execute Affidavits of Consent on the same day as the date of the Agreement. 4. Paragraph 6 of the Property Settlement and Separation Agreement called for husband to pay to wife one-half of his Civil Service Retirement System Pension to be comprised of one-half of the net pension commencing the 10th day of each month following the date of the month of execution of this Agreement until the parties' divorce is final and a domestic relations order can be entered by the Office of I Personnel Management with the federal government. 5. Paragraph 18 of the Agreement states, "In the event that either party breaches any provision of this Agreement, she or she shall be responsible for any II SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEVS.AT-LAW 26 W. High Street Carlisle, PA and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party." 6. Respondent has failed or refused to sign an Affidavit of Consent which would permit the entry of a domestic relations order securing Petitioner's interest in his pension pursuant to their agreement. 7. Since the execution of the Agreement, Respondent has not paid to Petitioner one-half of his pension benefit, but rather $330.00 per month, the amount of spousal support he was paying prior to the Agreement. Upon information and belief, Respondent's net pension payment is approximately $1 ,200 per month. 8. Petitioner has incurred attorneys' fees in an attempt to enforce this Agreement. WHEREFORE, Petitioner prays this Honorable Court to enforce the Property Settlement and Separation Agreement, to order Respondent to produce proof of his net pension payment, and to pay to Petitioner the difference between one-half of the net pension and $330.00 for each month commencing July 10, 2002 until the date of the hearing, and to pay Petitioner's reasonable attorneys' fees. By: L . LiNDSAy:EsQUIRE 693 6 EST HIGH STREET RLlSLE, PA 17013 (717) 243-6222 II SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A ,'-,,',-, VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ~ll'a-Jn.~~~ tor-JpO.J Lucy . offenbecker If/(gj6~ I f , " SAlOIS SHUFF, FLOWER & LINDSAY AtTORNEYS-AT-LAW 26 W. High Street Carlisle, P A ;,',,<: Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAW : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE CERTIFICATE OF SERVICE AND now, this day of 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Enforce Properly Settlement and Separation Agreement this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 By: II SAIDIS SHUfF, FLOWER & LINDSAY ATl'ORNEYS'AT'LAW 26 VI. Hlgll Slreel carlisle. PA ~. '" ,< ~ - 'Y:':::"~,. I, ~ 'if. ~. . " Lucy M. HOFFENBECKER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this I q_ day of 2002, BETWEEN LUCY M. HOFFENBECKER, of 505 Hamilton eet, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter referred to as Wife; AND GEORGE HOFFENBECKER, of 52 Privet Drive, Etters, York County, Pennsylvania 17319, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on September 13, 1975, in Carlisle, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 00-6316 , Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all,matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: &~Hlf$lr I 1 ~ " - ;,,: .- . _:,:,'2i.ti>,:,-:-. ; - ,"-, ' ~ SAlOIS SHUFF, FLOWER & LINDSAY ATtORNEYS'AT-LAW 26 W. Hlgll Slreel Carlisle. PA *" - (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 or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no jointly titled debts of the parties, marital or non-marital for which the other might be liable incurred prior to the signing of this Agreement. 1: Husband shall pay any and all obligations to creditors of his and shall indemnify and hold Wife harmless against any claim by those creditors. 2: Wife shall pay any and all obligations to creditors of her and shall indemnify and hold Husband harmless against any claim by those creditors. 2 II l.- SAlOIS SHUFF, FLOWER & LINDSAY ATIUItNEYS.AT-LAW 26 W. Higll Slreel Carlisle. PA 3: The parties acknowledge that upon their separation, each had debt, some of which may have been marital and some of which may not have been marital. It is the parties' agreement that they wish to make no . further inquiry into the marital or non-marital nature of the debt and that they are content to pay any debt for which they are the sole obligor. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on October 1, 2000 the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. c: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (4) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Wife will retain the retain the 1996 Nissan and Husband shall retain the 3 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW l6 W. 1I1gll Slreel Carlisle. PA ... -'~W,JIiib.-i-. 1993 Chevrolet Van and his Harley Davidson Motorcycle. (5) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household fumishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (6) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Nevertheless, Husband will transfer to Wife one-half of his Civil Service Retirement System Pension. The first of such payments of one-half of the net pension shall be due on or about the 10th day of each month following the month of the execution of this Agreement and shall continue by direct payment from Husband to Wife until a Domestic Relations Order can be entered, transmitted to the Office of Personnel Management and effecting a direct payment from the Office of Personnel Management 4 \ II SAlOIS SHUfF, FLOWER & LINDSAY ATl'OltNEYSIAT'Lt\W 26 W. Higll Slreet carli,le, PA -'.~. ~~ _ i .' ~ ~, ---- of her share of the Pension to Wife. The parties acknowledge that between the date of their separation and the date of this Agreement, Husband has been receiving the entire pension on a monthly basis. As part of the consideration for entering into this Agreement, Wife waives any claim she has to a share of post-separation payments received by Husband to date, except to the extent that those help to fund the spousal support which she has received through the Office of Domestic Relations. (7) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (8) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband is represented by Robert F. Frey, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own atlomey for all legal services rendered or to be rendered on his or her behalf. 5 II SAIDIS SHUfF, FLOWER & LINDSAY AlTORNEYSIATlLAW 26 W. Hlgll SIr..t Carlisle. PA . . - litL (9) 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. (10) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (11) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 6 I " I SAlOIS HUFF, fLOWER & LINDSAY ATl'<JRNEYS'AT'LA.W 26 W. Higll Slreet Carlisle. P A , ~-I"-"'" (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, eamings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against !he other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 7 , i , I SAlOIS SHUFF, FLOWER & LINDSAY ATlURNEYS-AT-Lt\W 26 W. High Slrtet Carlisle, P A - :~ w .~ - (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided. in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; 8 SAlOIS SHUFF, FLOWER & UNDSAY ATTORNEYS"Ai.u.W 26 W. IUgh Slreel Carlisle. PA .,J e_ -.,; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue 9 I \ , , SAlOIS SHUFF, FLOWER & LINDSAY ATrORNErs-ATeLAW 26 W. Higll SIr..l CarliSle, PA "" - "~ . '1..__ ;;"M;: for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: l ti~, -~-- 10 ",ci" ~ ~.~tWiII~~M;~~~~~dh,,,g"'"J-,_,,,,,1"-'''-lh,w;:;~r~~litll!. - r ~~~" -""'-'...-""._~ ~, '1IiIY~:.i (') C.) (~ c:: r.. " 'T] >? -i-"'" -0 1-~'1 "J en ..,-=- , 7 I ~-j (.', CD .. -c- - .. , , , .- > -. -+1 ~;. (,-~-i ~2: c) )..-:.. ,~, n1 c '-' '- ~.~ ::;:! =< ,. c... ~ . ..l -< SAlOIS SHUFF, FLOWER & LINDSAY ATIORNBYS.AT.LAW 26 W. High Slreel Carlisle. PA "'L ."C, \' , T Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANTIRESPONDENT IN DIVORCE ORDER OF COURT AND NOW this t"~ l' J day of ~ ~ (L ,2003, upon consideration of the within Petition for Rule Absolute, the Rule of November 17, 2002 is made absolute and a hearing is scheduled for the ,) 3 W day of ~~ ,2003, at tj:j() tl,flli o'clock in Court Room No. I ,of the Court House in Carlisle, Pennsylvania at which time the Court will consider the sanctions to be imposed on the Respondent. By the Court, v<<. )J~I ~403 ;ZV II i I (C,." " ; ",I I"~!: : , []:J ~? .~l ,j' /:: i II: no ('u,p\;;;.-.n,n', v 10<..-"," _ ,,__' ',_._~ ,,_, PEj\j.\JYl\.,.';[\NiA ~1M\!!l ~ 1.,_' ! '..' ,!Jt~"_ _ 1?";~1ll'll"~~1l1f1,!IiWI~~~ cS""1 J; 11) J:J- lJ . ~_o, l~r~II_" ~ - SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS'AT'LAW 26 W. High Slreet Carlisle. PA I'" -'.,. '".-'--' ;-" , I ~ ' - ~', " , . t Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION. LAW No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE PETITION FOR RULE ABSOLUTE NOW comes Lucy M. Hoffenbecker, Plaintiff, by and through her counsel, Saidis, Shuff, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on September 13, 1975. 2. On June 19, 2002, the parties entered into A Property Settlement and Separation Agreement. 3. On November 8, 2002, Petitioner filed a Petition to Enforce the Property Settlement and Separation Agreement. A copy of the Petition without its Exhibits is attached hereto as Exhibit "A". 4. On November 17, 2002, this Honorable Court issued a Rule to Show Cause why the Agreement should not be enforced and provided 20 days for an answer. A copy of the Court's Order of November 17, 2002 is attached hereto as Exhibit "B". 5. On November21, 2002, the Court's Order of November 17, 2002 was served on counsel for the Respondent. A copy of the transmittal letter is attached hereto as Exhibit "C". 6. Twenty days have passed, and Respondent has failed to answer the Rule. II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Slree! Carlisle, PA , , t WHEREFORE, Petitioner prays this Honorable Court to make the Rule absolute and to schedule a hearing to impose attorneys fees and to Order payment. SAlOIS, SHUFF, FLOWER & LINDSAY ATTORNEYS FOR PLAINTIFF By: II I I II " , iI SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Slreet Carlisle. PA , ., -' "" '_~ ',L,,", ,".- ,-,~ VERIFICATION I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. S 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ""L---. AY, ESQUIRE DATE: 'BIrd /J3 I 1 Ii SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSIATlLAW 26 W. High Slreet Carlisle, PA . . Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE AND now, this CERTIFICATE OF SERVICE & day of ~M/dt- ,2003, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Rule Absolute this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY ATTORNEYS FOR PLAINTIFF By: II II I I :! , " II SAlOIS ,HUFF, FLOWER & LINDSAY Al"fORNEYS-AT-l.AW 26 W. Higll Slree. Carlisle, PA -"" ~ ~~ -~" u. b; , Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE ORDER OF COURT AND NOW this day of , 2002, upon consideration of the within Petition, a Rule is issued upon Respondent to show cause I why the relief requested should not be granted. I i RULE returnable days from date of sel\lice. Ii ii 'j I i By the Court, I II I, (I, J " . il l' , :i I 'I " I II II 'I p I , XHIBIT I If A . ,_.,~, "."'0 . II ~ SAlOIS SHUFF, FLOWER & LINDSAY ATl'ORNEYS.AT-lAW 26 W. High Sir.., Carlisle. PA .. Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION. LAw No. 00-6316 CIVIL TERM r) GEORGE HOFFENBECKER, DEFENDANTIRESPONDENT ,-"""' . IN DIVORCE - \.:.-, PLAINTIFF'S PETITION TO ENFORCE THE PROPERTY SETTLEMENT AND SEPARA TlON AGREEMENT I I I I I II 'i II Shuff, Flower & Lindsay and petitions this Honorable Court as follows: II II II il Ii II I, II II ,i II I' marriage is irretrievably broken and that they will secure a mutual no.fault divorce ! NOW comes Lucy M. Hoffenbecker, Plaintiff, by and through her counsel, Saidis, 1. The parties hereto are husband and wife, having been joined in marriage on September 13,1975. 2. On June 19, 2002, the parties entered into A Property Settlement and Separation Agreement attached hereto as Exhibit "A". 3. Paragraph 2 of the Agreement states an acknowledgement that the I and execute Affidavits of Consent on the same day as the date of the Agreement. I: II II I [ 4. Paragraph 6 of the Property Settlement and Separation Agreement called for husband to pay to wife one-half of his Civil Service Retirement System Pension to be comprised of one-half of the net pension commencing the 10th day of each month following the date of the month of execution of this Agreement until the parties' divorce is final and a domestic relations order can be entered by the Office of Personnel Management with the federal government. 5. Paragraph 18 of the Agreement states, "In the event that either party breaches any provision of this Agreement, she or she shall be responsible for any , : I.... SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEY5.AT-LAW 26 W. High Stree, Carlisle, P A and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party." 6. Respondent has failed or refused to sign an Affidavit of Consent which would permit the entry of a domestic relations order securing Petitioner's interest in his pension pursuant to their agreement. 7. Since the execution of the Agreement, Respondent has not paid to Petitioner one-half of his pension benefit, but rather $330.00 per month, the amount of spousal support he was paying prior to the Agreement. Upon information and belief, Respondent's net pension payment is approximately $1 ,200 per month. 8. Petitioner has incurred attorneys' fees in an attempt to enforce this \ Agreement. , I I I i. il II 'I II jl ,I II 'il ,. II I' WHEREFORE, Petitioner prays this Honorable Court to enforce the Property Settlement and Separation Agreement, to order Respondent to produce proof of his net pension payment, and to pay to Petitioner the difference between one-half of the net pension and $330.00 for each month commencing July 10, 2002 until the date of the hearing, and to pay Petitioner's reasonable attorneys' fees. SAlOIS, SHUFF, FLOWER & LINDSAY A TTORNE~S FO~LA NTIF By: .L . LINDSAY, ESQUIRE 10# 4\4693 26 WEST HIGH STREET CARLISLE, P A 17013 (717) 243-6222 II ... SAlOIS ;HUFF, FLOWER & LINDSAY A1TORNEYS.AT_l.AW 26 W. High Street Carlisle. P A [ ~ , VERI FICA TlON I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~ 1 ~ ~_ m .~~& fVY1 to ~j90.) Lucy . Hoffenbecker Date: Ii /cP.!6;J. I I il :i II SAlOIS ;HUFF, FLOWER & LINDSAY AITORNEYS-AT.lAW 26 W. Hlgll Streel Carlisle. P A Lucy M. HOFFENBECKER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE CERTIFICATE OF SERVICE AND now, this day of I 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & I I , I I I I I i I ! i , I II I \ , I LINDSAY, Attorneys, hereby certify that I served the within Petition to Enforce Properly Settlement and Separation Agreement this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 SAlOIS, SHUI:E, FLOWER & LINDSAY ATTORN?:' F~PUYn~F,fj 11/1- fl. B ,'1/ I' K Y. . " . .' . CAROl . L1NDSA ID# 44693 261NEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 II ~ SAlOIS HUFF, FLOWER & WNDSAY A.noRNEYS.^T.~W 20 W. Higll Sir.., Carlisle. Ph -;;:;._----_. . ., Lucy M. HOFFENBECKER, PLAINTIFF IN THE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIl. ACTION - LAW NO. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this I q day of 2002, BETWEEN LUCY M. HOFFENBECKER, of 505 Hamilton County, Pennsylvania 17013, hereinafter referred to as Wife; AND GEORGE HOFFENBECKER, of 52 Privet Drive, Etters, York County, Pennsylvania 17319, hereinafter referred to as Husband. ,I I I ij " 'I \1 II ',I ! " " " ~ ) :1 II 1,( RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on September 13, 1975, in Carlisle, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 00-6316, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all. matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente fite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (i;~'i{~IBLV' .: I...'.'.....'.'..'.'.... ::,~~; :~ ~::~~:.:...:' . 1 ,I SAIDIS RUFF, FLOWER & LINDSAY ^~.^T.LAW Z6 W. Higll51reet Carlisle. P A , ,l. (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 or places as he or she from' time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably i broken and that they will secure a mutual consent no-fault divorce decree in the above- il il II II I il :\ :1 II captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no jointly titled debts of the parties, marital or non-marital for which the other might be liable incurred prior to the signing of this Agreement 1: Husband shall pay any and all obligations to creditors of his and shall indemnify and hold Wife harmiess against any claim by those creditors. 2: Wife shall pay any and all obligations to creditors of her and shall indemnify and hold Husband harmless against any claim by those cred itors. 2 1\. .... SAlOIS mUFF, FLOWER & LINDSAY ATl'ORNEYS-^T-LAW l6 W. Higll Sir... Carlisle. PA , , 3: The parties acknowledge that upon their separation, each had debt, some of which may have been maritai and some of which may not have been marital. It is the parties' agreement that they wish to make no further inquiry into the marital or non-marital nature of the debt and that they are content to pay any debt for which they are the sole obligor. B: Post Separation Debt: In the event that either party contracted or i incurred any debt since the date of separation on October 1, 2000 the party who II incurred said debt shall be responsible for the payment thereof regardless of the name !\ :\ " , 'I I .1 ., :1 I , II :! ;i 'l ). ,! 'i ;1 ., ,\ :1 il in which the debt may have been incurred. c: From the date of this agreement neither party shall Future Debt: contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (4) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Wife will retain the retain the 1996 Nissan and Husband shall retain the _LI 3 ..... SAlOIS :HUFF, FLOWER & UNDSAY n:rroRNEVSeAT-uW 2. W. Higll Sir.., c.rlble. P A -- - .- --~ 1993 Chevrolet Van and his Harley Davidson Motorcycle. (5) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household fumishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. ;i II 'I ii d it any right, title or interest he or she may have in or to any intangible personal property " " ':\ :\ currently titled in the name of or in the possession of the other party, including, but not :\ ,I limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, " i! !I !I il (I (6) lNTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Nevertheless, Husband will transfer to Wife one.half of his Civil Service Retirement System Pension. The first of such payments of one-half of the net pension shall be due on or about the 10th day of each month following the month of the execution of this Agreement and shall continue by direct payment from Husband to Wife until a Domestic Relations Order can be entered, transmitted to the Office of Personnel Management and effecting a direct payment from the Office of Personnel Management 4 LI l.- SAIDIS HUFF, FLOWER & UNDSAY ,o\TIURNEYS-AT-l.AW 26 W. Hlgll Slreel Carlisle. PA , , of her share of the Pension to Wife. The parties acknowledge that between the date of their separation and the date of this Agreement, Husband has been receiving the entire . pension on a monthly basis. As part of the consideration for entering into this Agreement, Wife waives any claim she has to a share of post-separation payments received by Husband to date, except to the extent that those help to fund the spousal support which she has received through the Office of Domestic Relations. (7) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal !I 'I :1 support or alimony and alimony pendente lite. :\ J 'I :1 il il 1 i\ ,I[ \1 il (8) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband is represented by Robert F. Frey, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each, has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. . 5 I I SAlOIS )HUFF, FLOWER & LINDSAY A11URNEYSeAT.LAW 26 w. Htgll Slree' Carlisle. P A - lIlilloLIllilJ-....' i, (9) 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. (10) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax defiCiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and ;i !I " entirely by the individual who is finally determined to be the cause of the 'I :i II ij !I :i misrepresentation::; or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. ii I ~I (11) BANKRUPTCY: The parties hereby agree that the provisions of this ,I " " ,i Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm :! i I any and all obligations contained herein. In the event a party files such bankruptcy and i ~ i , i ! pursuant thereto obtains a discharge of any obligations assumed hereunder, the other 'I party shall have the right to declare this Agreement to be null and void and to terminate ,I :1 'I this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 6 SAIDIS WFF, FLOWER & UNDSAY "Tl'ORNEYS.AT.U.W ~6 W. IIlgll Sir.., Carlisle. PA - - -~~ j, ,l (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, eamings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and I expenses and any further enumeration or statement thereof in this Agreement is ; II 'I :\ " i specifically waived. (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do i !I 'I :i II :i '[ i ,I ':\ il '.i 'i so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the. provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 7 II ~ i SAIDIS \\ -roFF, FLOWER & UNDSAY I I .!6 W. Higll Street Carlisle. PA . , . (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided. in this Agreement, Husband and Wife, for themselves, their heirs, . \ representatives and assigns, each hereby forever releases, remises, discharges and \ quitclaims the other, and such other's heirs, representatives, assigns and estate, from I I 1 ! I and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; i II whether real, :~rsonal or mixed and whether now owned or hereafter acquired; All rights, title, interest or claims in or to any property of the other, C. All rights of courtesy and dower and all claims or rights in the II i nature of courtesy and dower; ii II ,I ,\ I. il D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired. including but not limited to all rights or claims: (1) to take against the other's will; \1 (2) (3) to a family exemption or similar allowance; under the laws of intestacy; and (4) all other rights or authority to partiCipate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; 8 _1_' .. SAID IS ;HUFF, FLOWER & UNDSAY ATf'ORNEYS.AT.f....\W 2& w. Hl;h Sir... Carlisle. PA . . . , ,lo:__ G. I All rights, claims, demands, liabilities and obligations arising out of I I I I I or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I , I I. All rights, claims, demands, liabilities and obligations each party now II \ has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORAT10N INTO DECREE: In the event that either of the parties shall recover a Final judgment Of decree of absolute divorce against the othef in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by feference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enfofce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue 9 ___1-1 1_ SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. Hlgll Slreel Carlisle, P A , . r Ii' 1 for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement . shall bind the parties hereto, their respective heirs, executors and assigns. !I II \\ II :t II !,\ II ii :1 iI IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: .f) IJA J, I /-11/ ,~ ,,'"\ I J ()1. _H!"'~ M:.r J2JVL ~ / ~. jLuc M. ~dffenbecker , , ! ' " , ii :i ii :! :1 II II \1 !I ~ ;---. , \ i I ",' I _r \),,) \(\/! .~" \ ~,......~\ -- . ! \ , ' \ \0 10 II i.- - . .-- ,./. NOV 2 0 2002 ., '.':""'<"'.;jilIiP:.,..~.,.., ~.-:-" trov lJ2.';.~ . ,.'.L~' ,.:~" LuCY M. HOFFENBECKER, PLAINTlFFIPETlTlONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V5. : CIVIL ACTION. LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/ResPONDENT IN DIVORCe I I I I consideration of the within Petition, a Rule is issued upon Respondent to show cause i I I AND NOW this ORDER OF COURT ( 17th day of ~o(mh<'OR , 2002, upon why the relief requested should not be granted. :<.0 RULE returnable days from date of service. II " Ii :1 [I II :' " :, :] By the Court, '( I~ /5Lc . :1 \1 il i \ I I I SAID IS I ,FLOWER ! & UNDSAY I tTOttNEYS.1\T"LhW "6 W. High Street CoJrlisle. PA . --""'.1 ~~'-l~'RD .,-.,- ~'---d .,;; ~: ".'.<~, . ~o SeT m'l han , ~, "" ., :' t' /',., Da III \~-'-'" ,. ;._, .r'~':s\e,l. an-:-l ~n ;2-:d O( salc ,-J rf:' ." {~-:;. 02- , Cl da 0.... .C..,.,....., ........ ...... \. 4 ExMJSft ".': . Ii:. '.. \ . :0~"-'- ',..' ,~, ......... Prothonotary 4 {jM 'ii >,'-"'__';,,~-""~"': -;_. 1\ iIIllI ~~ . r If" jAlVIES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL j. LINDSAY KARL M. LEDEBOHM THOMAS E. FLOWER LAW OfFICES SAlOIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: clindsay@ssfI-law.com www.ssfl-law.com WEST SHORE OFFICE: _ 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE November 21 , 2002 Robert F. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 RE: Hoffenbeckerv.Hoffenbecker No. 00-6316 Civil Term Dear Rob: I enclose a copy of the Court's Order of November 17, 2002 giving George Hoffenbecker 20 days to answer our Petition for Contempt and Sanctions. Very truly yours, SAI~IS, SHUFF, FLOWER & LINDSAY bo /,/ ,. "- t ,t;opv Carol J. Lindsay CJUljb Enclosure cc: Lucy M. Hoffenbecker (w/encl) ElaIBIT I >- r....'. ~ " ;,.. ,>~i ",,_ .,.,.' ""',J-"'hh'::' -"",ie-, II li1l1iJ&"'bt~bl..l1~~!h:;'iiiBlll-'i,,'''I<''.2;H~pjm;:,mt.ili_,hi,i lj~J"'~;:;"'~i'ilii&T "h""'4JWM~'~l!1:1jl!i':'-"~.~~ r~iiilllO!il:ii!ll .~ .. ' () [f';]~ ~" /...'.; U..>, r;:=i ',--; ~e::; 5;;. ~ C~'i ;;) '-,i.) i I -'f!'" ~ ", .-{] :;.1 r~";:';J1 c~- '.0 '.' LUCY M. HOFFENBECKER, Plaintiff v. GEORGE HOFFENBECKER, Defendant . > = 0,,", ~v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-6316 CIVIL TERM IN RE: PETITION TO ENFORCE THE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ORDER OF COURT AND NOW, this 23rd day of June, 2002, upon agreement of counsel, the hearing previously scheduled for June 23, 2002; on Plaintiff's Petition To Enforce the Property Settlement and Separation Agreement is cancelled. Carol J. Lindsay, Esq. 26 West High Street Carlisle, P A 17013 Attorney for Plaintiff Robert G. Frey, Esq. 5 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, J. t-cl7/63 ~~ ."" " '-, -", ~, I, il I:' II !I II il Ii I ~ ii ii II ::1 " II II !.1 " I I I,. - -,-. -~" nL['D' -'''R''E r\ : .-Ur lV-- OF -,,.. "",,,.,., 'n"n-'RY ! nt:'. :--,-.!j ! ',/\i.~ ll\ 03 JUN 26 Pli 3: 2 ! CUMBErlu\;'~0 COUNTY PENNSYl:/!lN1A ~"""'"..,~ 111_ ~_~ ~ _... << ,-~," '-".' ,_..,^ __ ,"r ..~o~ ." ~~ " i~'I'1i"''*.t<:J'l'!I'!'W';'''f'~''':~f.li1l~~ii!.O t. ~ ~ -~ ....~; .. \ o DEe ~003 Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS, : CIVIL ACTION -LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE DOMESTIC RELA nONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO relates to the provision of marital property rights to the Alternate Payee as a result of a Property Settlement Agreement between Participant and Alternate Payee entered into on June 19, 2002. 3. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. George Hoffenbecker ("Participant") is a Participant in the Plan. Lucy M. Hoffenbecker ("Alternate Payee") is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: George Hoffenbecker 52 Privet Drive, No. DT Etters, PA 17319-9019 Social Security No.: 180-42-7775 Date of Birth: October 22, 1950 II ilrft\iwllZ:!lilli 1IIli~~ll;"""'I!ffi....-..Jl_M"''''''''''~I\t,",,~j,,;,i;%-I"'':~~'1IJ~1Ji,'.;V''''''''-''d:~@,,';-E~1Jil!IIiill~~_..._~II :>- r- CC l= <<: ,~ ,~ ;~; u,J:;; <,",.;- ~C ~- 1:t:r: a... -~ "~> --. ~O !~~::::J n: co ~~ F- (~:; wo... ~:~) ;::;: =:!_UJ w :=g~ u...F5 w 0 a ...., ...a- = ::> = u ..... n.^ '" .,. ^ .~O~" ~ ~ ,lilIIIIM~~ ~W ._ "~"<:L"'" ~ ..........iII , , Ii ! ,- ,- ~" ^-"""""'" - ,', , 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Lucy M. Hoffenbecker 505 Hamilton Street Carlisle, PA 17013 Social Security No.: 162-36-9874 Date of Birth: October 29, 1945 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 6. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Altemate Payee. 7. This DRO assigns to Alternate Payee an amount equal to 50% of the Participant's Gross Monthly Annuity. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 8. Payment to Alternate Payee shall commence as soon as is administratively possible under the Plan. In the event that Alternate Payee dies before the participant, the Alternate Payee's share of the Participant's pension shall revert to Alternate Payee's estate. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. Necessary forms may be executed by Participant's attorney-in-fact, Robert G. Frey, Esquire. . -I, '""""",. , 9. The Alternate Payee is entitled to a former spouse survivor annuity in the maximum amount permitted under the Plan in the event of Participant's death. The parties shall equally share the cost of this surviving spouse annuity coverage. 10. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Altemate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 11. The Plan Administrator shall issue individual tax forms to the Participant and Alternate Payee for any amounts paid to each such person. 12. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 13. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not II - u l. ,-- ,. , ~ . otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. EXECUTED this ~ day of j)~~. ,2003. By the Court, J. CONSENT TO ORDER: ATTORNEY FOR PLAINTIFF/ALTERNATE PAYEE ATTORNEY FOR DEFENDANT/PARTICIPANT j Robert <7. Frey, Esquire Date: Date: {)e,-"-",,,,\....., <;( I LOG>:3 II >l"'H!Illi!~i:ill'.I~";!"""guJ"""",l.l,,,,,,,;UUilli,,,,,?~,",,,,~l<l~":l!b'''';;!~'1I'',r.r.,,>''('"',,,,.","",,,,,,,,.,,J""'3',h''',''',, ^",";"~i.i,.,,,,",,\x""1<;kJiiii~~~~_lli.m,,.,bl'''____'~ri.l*,,,,,' " ~ ~, ~,',~.- ~~~ _~. N , '. .% 1fim~'I_1J& ,,~ w. ,," ~" . ,~ ,:::j ril'~ "T]:-n ;.'OCJ r) I ,_.' C) ::::~I~ 7""')-rj ~('i Om ,~ ,,~ ~ ': . . SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A , .. -"'-' ~ ; -,".. - ,i _ ,- _ '- ,-I " o MA~04 Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE ORDER OF COURT AND NOW THIS st& DAY OF VVI ,u c.L , 2004, upon consideration of the within Plaintiffs Petition for Contempt, a rule is issued upon the Respondent George Hoffenbecker to show cause why the relief request should not be granted. Rule returnable 2 6 days from the days of service hereof J. II II ,,' -<, ~ - 1iII' """""""~.,- "~~_~!!l;;:il!\iW~~~~"" >- ~ ,-- Uj~ (.) ~- --0 ~I_..l'- 05 ~ u:~ F u_ o ~-r r f. ~ t, ~t J . .0 "r. ,SJ..{J Y' ~ . ~ l. ~\~- C "" -.---- 0" N N >- C._ ;~ ~:~? ~li ';~:~~I -:-~>- ::{ en ___i-t::, '"1../":" ~i~i:,~: ::) (.) :c c- tJ") I cc ~-c :lC c=, = c-.J ., M"~___'_""_,",,'''''' 'r_~O____~'="~_,, _. "".," ~,_, ~~. ,~ ~~. illil..itUM.":' ,- -" ~, ~.""'""" ~---~ .. - . . .- ~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle. PA Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION. LAw NO. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE PLAINTIFF'S PETITION FOR CONTEMPT NOW COMES Lucy M. Hoffenbecker, Plaintiff by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on September 13, 1975. 2. On June 19th, 2002 the parties entered into a Property Settlement and Separation Agreement. 3. The parties were divorced by a Decree of this Honorable Court on April 11, 2003. 4. Paragraph 6 of the Property Settlement and Separation Agreement states in pertinent part: Nevertheless, Husband will transfer to Wife one-half of his Civil Service Retirement System Pension. The first of such payments of one-half of the net pension shall be due on or about the 10th day of each month following the month of the execution of this Agreement and shall continue by direct payment from Husband to Wife until a Domestic Relations Order can be entered, transmitted to the Office of Personnel Management and effecting a direct payment from the Office of Personnel Management of her share of the Pension to Wife. 5. In December, 2003, the Domestic Relations Order was forwarded to the Office of Personnel Management. 6. Commencing January 2004 Husband ceased making any payments although the Federal Government has not effected the DRO. II II I SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A 7. On January 6, 2004 the undersigned advised Defendant through his counsel that payments of $387.50, or one-half of the net pension, whichever is greater, would be due. 8. Respondent has paid the one-half of the pension pursuant to the agreement for neither January nor February. 9. Since the entry of the June 19th, 2002 Order Petitioner has had to file Petitions for Contempt before any payments are made and they are made, finally, at the last minute to avoid a hearing. 10. Petitioner believes and therefore avers that Respondent will not make a payment until a hearing is set on the matter which may be in April or May. 11. Once again, Petitioner has incurred attorneys fees to attempt to enforce the order of June 19, 2002. WHEREFORE, Petitioner prays this Honorable Court to issue a rule upon the Respondent to show cause why he should not be held in contempt of the Court's Order of June 19,2002, why he should not provide notice of the amount which he is receiving in his pension from the federal government for 2004, why he should not make payments to Petitioner for one half of the net pension and why he should not pay attorneys fees. SAlDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR J>LAINTIFF/PETITIONER By: . LINDSAY, Es IRE .93 26 EST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 I II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle. P A VERIFICATION I, THE UNDER$IGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. I UND$RSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE , PENALTIES OF 18 PA. 'e.s. S 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: fl- aG"rC4 ~~~ L Y HOFFENBECKER II : , SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA -" = "~, "","",,,,-I ",.. "II ,', ,-- _0'" . .i "C_.iiL.I,,-:~,', '""_0.'" "~ o-~:l ... "~~Ll Lucy M. HOFFENBECKER, PLAIN~IFF/MOVANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAw NO. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFE~DANT/RESPONDENT IN DIVORCE AND now, this CERTlFICA TE OF SERVICE I ~~ day of <-'~~ , 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, I hereby certify that I served the within Plaintiff's Petition for Contempt this day by depositing , same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 By: SQUIRE II II ~ ...........- ' !la.l ~~_~,pJI~ "'->. JW:lW~,wMl~i!iiI!!ilil , J~~ I,HI taL JJ;j!L", .rrJ ^ ~-I"~;'e-"'-"",_-,,,,-, .--" "'T_',_ ~,' '-~' -- 0 "" e-:> c~'..:.' C:. <;;.;:;. ~-n ~- .. ':'7-: --I ~ lil " ::;:."...1 r"::: ..., iT1 I ~n C) .. 1'-:' " Cj C) =-.~J ~~:~ ~:~. ("S .- ~~ i-n ::~ r,) :..:;::; -~.... _J -< "I I , r SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNBYS-AT-LAW 26 W. High Street Carlisle. P A .. ..! L. ~ o MAR ~004 Lucy M, HOFFENBECKER, PLAINTIFF/MoVANT IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE ORDER OF COURT AND NOW this 3.l s t day of ~ >..> r l, ,2004, it appearing that Rule of this Court of March 5; 2004 was served on the Defendant on March 2, 2004 and the Defendant has not filed an answer thereto, the Rule is therefore made absolute. A hearing is set for the 114- day of ~ ~ of the Courthouse of Carlisle, Pennsylvania ~ol:OO f./h, , 2004 in courtroom number at which time this court shall determine if the Defendant is in contempt of court and consider the relief requested. BY THE COURT, J. II ~'~' ,'Ao ~ ~' ,,,, ~.,,", ." -- " ,.'" '~,.;.",.T~_.~ " :!J _."...-= ~'.~r' -- . FILED-OFFiCE O~ TL'~ p~O-' 'u'" 'r~, ",. I . nc ;~i' lI"j j ,Jd 1I1.V11' 200~ APR - I /l.M 10: 37 C' 'I\M,~~~';:J; :'\'-.'i" "(\1 :!\J'"rv l,1 \';t....~_: 1~.J--l, :..) 1..",-,UI f! PENNSYLVANIA ,". ~ , '.",' .. ,,,," .. ,J'"'t'"'~'''~''''-~"'''"''''''I' < W".llJ!!'lll'll!liiil.~~.<,~, <~ ~~ t~ , "I-t; ~ - ~cJc} tj }~ .,,","'~= """,", " SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 26 W. Higll SIr..t Carlisle. PA .;-->"', ,.', , o _ ". _ " ,__ ^~ ",_ ,', _ " ',' , .,'" ,,.; ~ Lucy M. HOFFENBECKER, PLAINTIFF/MoVANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE PETITION FOR RULE ABSOLUTE NOW COMES Lucy M. Hoffenbecker, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY, and moves this Honorable Court for a Rule Absolute: 1. On March 2, 2004, Plaintiff filed a Petition for Contempt. A copy of the Petition is attached hereto as Exhibit "A". 2. A Rule to Show Cause was issued by this Court on March 5, 2004 returnable 20 days from the date of service. 3. On March 2, 2004 a Rule was served upon the defendant. 4. Twenty (20) days have passed and Defendant has filed no answer. WHEREFORE, Petitioner prays this Honorable Court to make the Rule issued on March 5th, 2004 absolute and setting a hearing at which the court will consider sanctions. By: SAIDIS, SHUFF, ATTORNEYS FOR II I I SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, P A w- ., . , ~ ~-- ~ '; ,,-, ''', ~"_"'_>"__'o'__fi- '_, _ '''-_"~~,,,I Lucy M. HOFFENBECKER, PLAINTIFF/MoVANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CML ACTION - LAw : No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT : IN DIVORCE CERTIFICATE OF SERVICE AND now, this au day of ll/rr,{'J/1 ,.., I 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Rule Absolute this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 By: " II II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, PA .' < ,.; , ",", ~ .-'," ..' , ,- ," -~-, " < '" _'t., ,'~ ',_ ~"-i "i~ "-::;.,;,,,. ,: " _ VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. , I,'j Ii I. .' :,' i; !: :1 DATE: I I I' I Ii '.I Ii 'I I II 3/t4!rJ1 ~" t'. ---"" SAIDIS SHUFF, FLOWER & LINDSAY ATIORm:VS-AT-LAW 26 W.liigh Street CarUsle, P A - ~, ' Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER ", ~, MAR 0 4 2084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE ORDER OF COURT AND NOW THIS 5e::' DAY OF ~nW , 2004, upon consideration of the within Plaintiff's Petition for Contempt, a rule is issued upon the Respondent George Hoffenbecker to show cause why the relief request should not be granted. Rule returnable,;Lo days from the days of service hereof By THE COURT, l/ ()- fA lo-P-r ro don, q J. rRUE COPY FROM RECORD In Testimony whereof. there unto S6t my hand lIld tlli seal of said Cool1 at CarIlsIe Pa.. '"'k" "U.>- I ,,,IS '~Q'r~Y'~'~I:,_~f Protllonmal\l , ',--1' SAIDlS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-Li\W 26 W, High Street Carlisle, P A , -', .~I LUCY M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/REsPONDENT IN DIVORCE PLAINTIFF'S PETITION FOR CONTEMPT o ~ 0 s:: ~ -q NOW COMES Lucy M. Hoffenbecker, Plaintiff by and through he;i'R4"tuns~ S~, ~ ,:;i,j ::0 rn F SHUFF, FLOWER & LINDSAY and petitions this Honorable Court as followff~>; rZ, ~7 ,- L...lo .e:::. :If-r The parties hereto are husband and wife having been jOiri~r r&irria~~n z ::;4- ::;J N :'b .... -.J -< 1. September 13,1975. 2. On June 19th, 2002 the parties entered into a Property Settlement and Separation Agreement 3. The parties were divorced by a Decree of this Honorable Court on April 11, 2003. 4. Paragraph 6 of the Property Settlement and Separation Agreement states in pertinent part: Nevertheless, Husband will transfer to Wife one-half of his Civil Service Retirement System Pension. The first of such payments of one-half of the net pension shall be due on or about the 10th day of each month following the month of the execution of this Agreement and shall continue by direct payment from Husband to Wife until a Domestic Relations Order can be entered, transmitted to the Office of Personnel Management and effecting a direct payment from the Office of Personnel Management of her share of the Pension to Wife. 5. In December, 2003, the Domestic Relations Order was forwarded to the Office of Personnel Management 6, Commencing January 2004 Husband ceased making any payments although the Federal Government has not effected the DRO. SAID IS SHUFF, FLOWER & LINDSAY A'ITORN\n'SoAToLAW 26 w. High Street Carlisle, PA '~'--"' ~ '< , , ~-"c 7. On January 6, 2004 the undersigned advised Defendant through his counsel that payments of $387.50, or one-half of the net pension, whichever is greater, would be due. 8. Respondent has paid the one-half of the pension pursuant to the agreement for neither January nor February. 9. Since the entry of the June 19th, 2002 Order Petitioner has had to file Petitions for Contempt before any payments are made and they are made, finally, at the last minute to avoid a hearing. 10. Petitioner believes and therefore avers that Respondent will not make a payment until a hearing is set on the matter which may be in April or May. 11, Once again, Petitioner has incurred attorneys fees to atternpt to enforce the order of June 19, 2002. WHEREFORE, Petitioner prays this Honorable Court to issue a rule upon the Respondent to show cause why he should not be held in contempt of the Court's Order of June 19,2002, why he should not provide notice of the amount which he is receiving in his pension from the federal government for 2004, why he shouid not make payments to Petitioner for one half of the net pension and why he should not pay attorneys fees. SAlDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF/PETITIONER By: II "",' SAlOIS SHUFF, FLOWER & LINDSAY AITDRNEYS"AToLAW 26 W. High Street Carlisle, PA ---.-11-01 >_.-_:,_."i- VERIFICATION I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. 1 UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 94904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~~H~~ DATE: !1-;l~-04- II ,'~,. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAT"LAW 26 W. High Street Carlisle, P A L,L. '4 Lucy M. HOFFENBECKER, PLAINTIFF/MoVANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE AND now, this CERTIFICA TE OF SERVICE 7 ~cA day of 4/0& <-- ~ , 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Plaintiff's Petition for Contempt this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: ROBERT F. FREY, ESQUIRE Frey & Tiley 5 SOUTH HANOVER STREET CARLISLE, PA 17013 SAlOIS, SHUFF"FLOWER & LINDSAY, P.C. ATTORNEYS FOR INTI!: ANT / By: It C SQUIRE I' 693 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 I I "'~ It~l\t~I,~glli.l<!illf~,~i.!t&~"ih.~<J""<,",,,,,j,,,,,,,,,'~"':1,4-,,t"~"'t"'",~- -........._~ "~, -<< p ,," "--" . "'-' ~~~l;ll;Ili"r-' Ie (") ...... ~ = C::. = .r- ~: :x :r!-n -;1(;0 r-f1(n :>"'" ~~ ~~~ -;:0 N (j'> I:;r:j -'-4. . :):'-;(-. -U 25:rl ::x ...0 6,"-) -d_fn >~= '-:-? 0 z > .~ :- ~ 0:> ",," .",,~"~~~ - - ,.. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT'LAW 26 W. High Street Carlisle, PA I' Lucy M. HOFFENBECKER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF Cumberland County, Pennsylvania vs. Civil Action - Law No. 00-6316 Civil Term George Hoffenbecker, DEFENDANT/RESPONDENT IN DIVORCE ORDER OF COURT And now this ---12.. f-l day of --1f "~I \ , 2004, upon the request of counsel for a general continuance, the hearing set for April 14, 2004 is hereby generally continued. The matter may be relisted at the request of either party. By the ~'-= , , 'II II II J. " 11 " - .-. !llI!.,,.,_,:" " , ~""'1=~- ", "n, ~"~"'r- rTL:::D-Oh'~v:"' "('Vi\! r j - ""T1 !,.....:.,:r'j ~ L"i'-~ 1 ,... -Ltr> p:~U, 1-,j,.)1 ,_" . OJ'' t11:: " '!'-~ j i' 56 2DG~ !;FR 13 J:iJj 1. ~ :, :~'~.;~~~r( "'~~ I ," _.J. ~~ ~f!!lINI. ~'~_ "~"'_^'"~.J!!!tI~,IIIt = ," " ~- . ~ J'~c} (::)' 1~ '~ "r'l) J' \0...; "'"",- ,~ II, ." <-., . .),,' ,,""",,'" ~;. _,_,coo," , -'_"~__'_ ~'__.> "I '~,"'c..'-- . - ". jOHNE. SUICE ROBERT C SAlOIS GEOFFREY S. SHUFF JAMES D. FLOWER, jR CAROLj. LINDSAY MATTHEW j, ESHELMANt KIRK S. SOHONAGE THOMAS E. fLOWER LINDSAY GINGRICH MACLAY jACLYNSMITH LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: atlomey@ssfl-Iaw.com www.ssfl-Iaw.com CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 tBoard Certilied Creditors' Rights Representation REPLY TO CARLISLE April 8, 2004 The Honorable J. Wesley Oler, Jr. Cumberland County Court House One Courthouse Square Carlisle, PA 17013 RE: Hoffenbeckerv.Hoffenbecker No. 00-6316 Civil Term Dear Judge Oler: Robert Frey represents Mr. Hoffenbecker and I represent Mrs. Hoffenbecker, the petitioner in a matter set before you for April 14, 2004. We are in the process of resolving that matter and the hearing for April 14, 2004 will no longer be necessary. I am seeking a general continuance and Mr. Frey has no objection. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. CJUap Enclosure cc: Robert G. Frey Lucy Klinger II - - ~ ,j ~~~"{ o JUN 01 Z004{ Lucy M. HOFFENBECKER, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAw No. 00-6316 CIVIL TERM GEORGE HOFFENBECKER, DEFENDANT/RESPONDENT IN DIVORCE DOMESTIC RELA TlONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO relates to the provision of marital property rights to the Alternate Payee as a result of a Property Settlement Agreement between Participant and Alternate Payee entered into on June 19, 2002. 3. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. George Hoffenbecker ("Participant") is a Participant in the Plan. Lucy M. Hoffenbecker ("Alternate Payee") is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: George Hoffenbecker 52 Privet Drive, No. DT Etters, PA 17319-9019 Social Security No.: 180-42-7779- Date of Birth: October 22, 1950 II -Iii" 6: <: I;:::: v.,;~ ~~5 tt:~ 00 00: We.. :;:;;!tU <....:.--r F== u. o rt c.w. J . r , -p1f ~ i ~~. - '"~~~~_~limk,~~,,;O;1!l~ltlIllf-' C,'> ..:l" ..:r ;>- Z ~~~ ~-) ~( ~:~~ ~ C- .s I c:,;!."":: ;~12~ ;'",P. :5 (.J -~ ~) -; -'S" = = .,... -.. """""",,,"........J .i-~ : 'I I I ,I II II II II 'I I " II "'.. - '-, 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Lucy M. Hoffenbecker 505 Hamilton Street Carlisle, PA 17013 Social Security No.: 162-36-9874 Date of Birth: October 29, 1945 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 6. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 7. This DRO assigns to Alternate Payee an amount equal to 50% of the Participant's Gross Monthly Annuity. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 8. Payment to Alternate Payee shall commence as soon as is administratively possible under the Plan. In the event that Alternate Payee dies before the participant, the Alternate Payee's share of the Participant's pension shall revert to Alternate Payee's estate. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. Necessary forms may be executed by Par:ticipant's attorney-in-fact, Robert G. Frey, Esquire. ~:. ,",'''' ll!j- - ~~"."'~~j;jj,jW~"'_~illJj'C"~JU\'M&oi,,,,"l<1W,~t~ "ilili.ol>\llllliilifll!,j"'~.m ;~- ~~ t-- LUQ 0"-':"'" U:Q ~~1._ ;r: C?5 00-: WO- dlU u-x t- l1_ o l.O ..s '- E;; L.. 8~ ----..,-': _' ._-1 :~~~~ '~......~ "_.iL.-W ;:::UG.. :~, ::::> <.) .... a: -'" I = ::::> -, ..:r = = C'oJ .._ ",,~ ~,> ",". _" _, ~ "n ......" ... ~ ~ - ~iillIi I I I I' l! " - ...J...,,_ .' 9. The Alternate Payee is entitled to a former spouse survivor annuity in the maximum amount permitted under the Plan in the event of Participant's death. The parties shall equally share the cost of this surviving spouse annuity coverage. 10. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 11. The Plan Administrator shall issue individual tax forms to the Participant and Alternate Payee for any amounts paid to each such person. 12. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 13. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not ~. -- ...,~I .' otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. \ 2~oi EXECUTED this 3, c. dayof"J llJ"J L- , .-.. By the Court, , J. CONSENT TO ORDER: ATTORNEY FOR PLAINTIFF/AL TERNATE PAYEE ATTORNEY FOR DEFENDANT/PARTICI PANT J. Robert F. Frey, Esquire Date: ~(~&(o1 Date: Me.. l Z-i.(, 7.-ooY I II