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Home My WebLink About01-03868 .~- , ;F. ;F.;F.;F. i .' ~ '"' U - ,,-, .. . . . .. . . .. . ;t:;F.Of.;F. ;F.;F.;F.;F.;F. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF . LORI L. HOFFMASTER, PENNA. . PLAINTIFF No. #01-3868 CIVIL TERM VERSUS STEVEN T. HOFFMASTER, . DEFENDANT . . DECREE IN DIVORCE AND NOW, 4. ~~. DECREED THAT . . AND . 'b , &;r, ~ IS ORDERED AND LORI L. HOFFMASTER , PLAINTIFF, STEVEN T. HOFFMASTER , 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; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR PURPOSES OF ENFORCEMENT. . . . . BY Amso.a ~ ~ PROTHONOTARY Of. Of. Of. Of. . . . . . . . Of. Of. Of. Of. ".. ~""",<;"-~) . . . . . . . , , , , , , , . . . . , , , . . . . . . , , , . , . . . , , . . . . , . . . , , , , , , , , , , , , . , , . , , , . , . . . . . . . J. . . . , , , , , . '''' ,""h'" .,>, ,. ~~ ~" ~, _ , :1 II it :1 :1 :J , i<' :) .."" .~_II!lI_r .., '.--," "" """""'~."."I.",-';".", ""'~-"""'~ ".-. " ." ,,- ". ," ~ I II . "", "~'-'~~"'-~^C+'''~'',._,,,_,_~_ ,-",",~,~-'~"'. //~. t1'.:? /. /~ -t:J~ ~.~, ,~, - - ""~_""";,,,JI!f ,~'. ,~"'~ .'~ ~- '=='J">.''''''''--M'~"C~ - """-''''<- '~"----"1' "-.punn.. . M'~~ /tA.~ h 4fi~', ~.~;?'~~ 10 SJ 1'- e_""'~ ~_' "~,~"'!l'I'lf''','fiVW-''''.~~",""1'-;-'1'!' 1~~";"'ff,'''Blr,~~~W~jlr~~~I~~~ ~" - , j -', 1..1 , -. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the ~ day of (~PVY\.}-'o.-lr ,~, by and between Steven T. Hoffmaster, residing at 401 Front Street, Marysville, Perry County, Pennsylvania, 17053, Social Security Number 174-56-8717, hereinafter called the "Husband", and Lori Hoffmaster, formerly Johnson, residing at 3441 Walnut Street, Camp Hill, Cumberland County, Pennsylvania 17011, Social Security Number 205-56-6825, hereinafter called the ..Wife", who agree as follows: WIT N E SSE T H WHEREAS, the parties are Husband and Wife, having been married on May 20, 1989, at Cumberland County, Pennsylvania. The parties separated May 27, 2001. WHEREAS, there have been issue of the marriage, to wit: Nicole Lynne Hoffmaster, born October 17, 1997, hereinafter referred to as the Child. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by wife; the settling of all matters between them relating to the past, present and future support and or maintenance of the child, the implementation of custody/visitation arrangements for the minor Child of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the '""~ - , 1..1 ~" ""~4.",'i parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No. 1990, 206 effective 3-19-91 et seq. 2. EFFECT OF DECREE. NO MERGER Neither party to any such action shall ask alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2 """" ~" II "" M ~~'~'?J" , It is further understood'that Pennsylvania law provides that lIa provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances". 3. AGREEMENT MAY BE INCORPORATED It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 3 L 1- IJ ." ~ '-'-"j, 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Donald Kissinger, Esquire, for Husband, and Ruby D. Weeks, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that the Husband and Wife do not wish to exercise their right to have appraisals by experts as to the value of the various interests of the Husband and Wife. They understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 7. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 4 - i I ,'-","" ,-'~'f, 8. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. 9. PERSONAL RIGHTS wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 10. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 5 " '~~'. l-J, . . ,1,1 -~""--. 11. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 12. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 13. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. Wife agrees to be responsible for the First USA Platinum credit card, Account number 4417-1243-4512-5477 with an approximate balance of $2,800.00. Wife also agrees to be responsible for any existing balance on J.y.u~fu/\J\e .[Ef listed in Paragraph 19 as of the date of BBt~lom~nt. the accounts Sit! {uf 6 ,p i ~ - ,LI. ;<1 Husband agrees to be fully responsible for the Bank One (First USA)Business Visa Platinum, account number 4246-3112-1515-4060 with an approximate balance of $4,581.29 and American Express Corporate Optima: Platinum, account number 3722- 658661-71001 with an approximate balance of $2,406.15. 14. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 15. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 16. NO MOLESTATION Husband and wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 17. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, 7 i'l II ~~i>Im-'1: of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. 8 j i 1.1 .~ '~'~~a-- And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at 19. REAL PROPERTY the time the division of property is to become effective. A. The parties previously owned as tenants by the entirety real property known as 201 Kings Highway, Marysville, Perry County, Pennsylvania 17053. The parties sold this property on August 31, 2001 for $110,000.00 after closing cost the net proceeds received by the parties was $31844.74. These proceeds were applied as follows by the parties: MBNA America P.O. Box 15137 Wilmington, DE 19886-5137 Discover Card P.O. Box 15251 Wilmington, DE 19886-5251 First USA Bank, NA P.O. Box 15153 Wilmington, DE 19886-5153 1. Account number 5490-9937-8116-9281 Balance $11,395.00 2. Account number 5490-9901-0406-6509 Balance $38.82 1. Account number 6011-0023-6027-1332 Balance $4922.04 2. Account number 6011-0027-0005-5502 Balance $3320.47 1. Account number 5417-1267-2254-7329 Balance $9054.38 9 ;j 11- ~ ~~,~ After these payments a balance of $3,114.03 remained which has been divided equally between the parties, with each receiving $1,557.01. B. Wife has purchased on October 25, 2001 a residence at 3441 Walnut Street, Camp Hill, Cumberland County, Pennsylvania 17011 with her separate funds and a mortgage in her sole name. Husband hereby waives any and all rights to claim any interest in said real estate. It is specifically understood by the parties that said property can not be claimed as marital property under any action for "equitable distribution of marital property" under present law. Husband agrees that Wife's note and first lien on the said real estate and agrees that he will not make any claim which would affect said lien and operation there of. C. Husband has purchased a residence at 401 Front Street, Marysville, Perry County, Pennsylvania 17053 with his separate funds and a mortgage in his sole name. Wife hereby waives any and all rights to claim any interest in said real estate. It is specifically understood by the parties that said property can not be claimed as marital property under any action for "equitable distribution of marital property" under present law. Wife agrees that Husband's note and first lien on the said real estate and agrees that she will not make any claim which would affect said lien and operation there of. C. The parties own as tenants by the entireties a one-fourth acre lot adjacent to the former marital residence located at 201 Kings Highway, Marysville, Perry County, Pennsylvania 17053. There is no debt owed on this property. Wife agrees to transfer all right, title and interest in and to the lot concurrent to the signing of this property settlement agreement. Husband shall be solely responsible for all cost of transferring and preparing the deed. 10 c_' " 1..-1 Jld!lll~_, 20. Distribution of Personal pronertv: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, 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 tangible personal property presently in his or her possession, and 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. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of social security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and 11 u '--L.-_ ~,~.~, may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 21. General: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, securities, and his real estate-appraisal business in which he is self employed, even though she did not desire to have this business appraised. (3) The Wife will release all interest to Husband in the CD for daughter that was opened with $1,000.00 from Father's grandfather. 22. RETIREMENT FUNDS A. The Husband who is self employed has no retirement benefits of any kind. B. The Wife, who is employed at Children's Aid Society, Pennsylvania, had at the time of separation an unvested retirement plan begun August 15, 1999 valued at $1965.43 through Brethern Benefit Trust. This retirement plan is now 100% vested post separation date and is valued at $8,182.47. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of her employment. 12 ,..,,, .~~~ , , , "~I_l " ~. [,:'1 ~.~~-', 23. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1992 Ford Explorer titled to husband, shall become and remain the sole and exclusive property of the Husband. There is no debt for this vehicle. (b) The 1993 Eagle Vision, titled to wife, shall become and remain the sole and exclusive property of the Wife. There is no debt for this vehicle. 24. CUSTODY Custody has been agreed to by the parties and their Parenting Agreement and Stipulation shall be entered as an order of court in the Perry county Court of Common Pleas custody action initiated by the Husband and docketed to S 2001 631. Wife shall withdraw her custody action in Cumberland County docketed to 01-3868. 25. CHILD SUPPORT The parties agree that each parent shall be responsible for all expenses of the child including child care during the time the child is with a parent then having custody. The parties agree to consult each other regarding the child's medical treatment. They agree to each be responsible for one-half of any unreimbursed medical, dental, prescription, orthodontic, and psychiatric, psychological, or counseling services of the child. Any unreimbursed medical expenses to be shared should be mutually agreed expenses. The parent with the most comprehensive health insurance plan available at the most reasonable cost will provide the health insurance for daughter with the other parent to reimburse the insuring parent for half of the cost. The parent providing health insurance should also provide written proof of the cost and information relating to the insurance coverage such as booklets, manuals, provider lists. etc. to the other. The parties shall no less than quarterly submit bills to the insurer and any refund check received shall be divided between the parties in the same ratio as the bills each has paid, 13 ,...,p -~ u. O'lilli!il_.....~'" if mother paid 55% of the bills for the quarter, she shall receive 55% of the refund and the father 45%. Reimbursement shall take place at the end of each quarter. At the present time, the parties do not intend to enter this as an Order of Court through any domestic relations office but retain the right to do so. 26. DEPENDENCY EXEMPTIONS The Wife shall be entitled to claim the Child as a dependent for tax purposes during all odd numbered years. During all even numbered years the Husband shall be entitled to claim the child. Husband and Wife agree that they shall yearly sign whatever documents are necessary in order for the appropriate party to claim said Child as dependent. 27. HIGHER EDUCATION, POST HIGH SCHOOL VOCATIONAL EXPENSES OF THE CHILD The parties agree that the daughter shall be responsible for 1/3 of the categories of expenses for her education with the parents to be equally responsible for 2/3 of the reasonable cost of undergraduate college education or post high school vocational training for the Child, after any payment of scholarships, loans and/or other financial aid. This cost includes but is not limited to the following: tuition, room, board, books, supplies, fees, transportation, and clothing. The parties' obligation pursuant to this Paragraph is conditioned upon their being consulted with respect to the choice of educational institutions and their approval thereof obtained, provided, however, that their approval shall not be unreasonably withheld, and further conditioned on their financial circumstances at the time, taking into account their income and expenses and providing that the Child has made a reasonable effort to obtain scholarship and other financial aid which shall first be deducted from the total cost of undergraduate college education. The parties do agree that the obligations imposed herein shall take precedence over any college expenses and costs for any future adopted or step-children of either party. 14 "<,"'" ~" ,-:IJ "'" ~~" ~",,,-,, 28. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE. AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. Husband agrees to withdraw his claims for alimony and Alimony Pendente Lite in the Cumberland County Divorce Action. 29. 2000 INCOME TAX RETURN The parties will file jointly for the federal, state and local income taxes in 2000. They will be due a tax refund, which shall be evenly divided between the WhD Husband~ has controlled the filing or a copy.kr the return and substantial !:Hf [ut parties within ten (10) days of receipt. and documentation shall provide Wife with documentation and attachments. 30. LIFE INSURANCE The parties warrant and represent that they shall name the Child as irrevocable beneficiary for as long as they have a duty of support, on the policies of insurance presently on their lives or at least in the minimum amount of $100,000.00. Each party warrants that they have not made and will not make any loans or assignments under such policies, and will not cancel or surrender such policies. Upon the other's request, either party shall execute any document necessary to effect a conversion or select an option under any such policy. Both parties agree to make payment of premiums on the policies on their individual lives so as to continue said coverage as long as the Child is owed a duty of support and to provide the other party on-going proof of said coverage and compliance with this clause. 15 " I:L ..._~,~- 31. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 32. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 33. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 34. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, assigns. 35. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter ,he remaining obligations of the parties. successors and 16 --"~ ^- , ~ .U~~ l j :....," 1,,1. - ... -~:., 36. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 37. NO WAIVER OFIJEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a obligations herein. 38. WAIVER OR MODIFICATION TO BE IN WRITING waiver of strict performance of any other No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 39. SUBSEOUENT DIVORCE It is contemplated that Wife will proceed with her Complaint in Divorce against Husband in Cumberland County. Husband shall withdraw his Perry County divorce action. Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the event such divorce action is concluded, Husband shall be entitled to receive a copy of the Decree in Divorce for the normal fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 31. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement, which shall not be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such 17 .~ "" ,Ll ~, ~,,-,",ll '-~"~,<i", Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 40. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 41. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successor~ and assigns. 42. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 43. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 44. INTERDEPENDENCY The parties agree that the separate obligations contained in this agreement shall be deemed to be interdependent. If any terms, conditions, clause or provision of this agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the agreement may be reviewed and renegotiated in order to fulfill as closely as 18 "1. ..II 'n ,,_~ '~;' possible the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the extent permitted by the Divorce Code. 45. BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 46 . TAX ADVICE The parties acknowledge that the Tax Reform Acts of 1984 and 1986, and all amendments thereto, created dramatic changes in the tax law as it affects the dissolution of marriages, including but not limited to the tax consequences of support payments and all taxes associated with the division of property. Ruby D. Weeks, attorney for the Plaintiff, does not hold herself out as being an expert in tax related matters and, therefore, has recommended that the parties obtain competent tax advice from an independent source. By execution hereof, the parties have acknowledged such recommendation and, if they so desire, have sought and obtained advice with regard to matters of concern to the, as contemplated herein. 19 .. II I,] ~ ;,.' -~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day m CWWu-J '--- and year first above written. ~~~ \~'^ (k,~. Witness ~1\. Witness <jeJ 20 t i 1,1 . " . COMMONWEALTH OF PENNSYLVANIA COUNTY OF <lU!IBERLAND ~[;,"'-- ss On this, the d.-& day of ~ ' 20~, before me, a Notary Public, the undersigned officer, personally appeared Steven T. Hoffmaster, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARiAl SEAL DEBRA M. SHIMp, NOTARY PUBLIC CITY OF HARRISBURG.~ASijAPHUG.IN ~O~~ MY COMMISSION EXPln. COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the ~ day of \lrJrtlJO....I-<.A , ,20~, before me, a Notary V ( Public, the undersigned officer, personally appeared Lori Hoffmaster, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. ~~~)YL~ ..._ NOl'AIMl-. -.... A MClIb..".... . My~"';~~':' ~~....,. ..'""""-.. IOrpI.... ~ 28. 2003 21 ~~~j_la!ll!lifiliLl~~;!ffi,&~;friii'~tjt\iiRk'i;1<..J8&lr,M\i,;:rr,';W';~i'" ,~-;,:r~,,"_,:,,~i ",1'..A '_':"'d.:rb~;;;fti&~,cr~itiI'[r-"->-..d~)P~~ i1- .wM.llIflM''''' .'.11011-i:li[ ~r~_!lll!!!II!1 f~ LI.! ::..< , " ~~;: ~:~, (~~, ,;:.: c: >- gt ~, r-- c u. C) .--..::~ ~ ~}::~ J.,_) -:-? ~:~ ,;: in ...~I'7 LL:~dS .:;:JCL (J' <.:~'" c-,_t C":':r -, ,(S (0 ~ "C 1'- ~ -- 0- ~ > 5 C) N o -- ~ """"-~ , -, "'-~, '""".","--- ',"' ., ~ q.. .,_-~_.. .~ ~u -: " " Ii I " , ...,- _.11I11 i I 1"1 - ,-' - "'-n,'iIi":- LORI L. HOFFMASTER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE STEVEN T. HOFFMASTER, Defendant #01-3868 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section(3301(c). 2. Date and manner of service of the complaint: Certified Mail, Restricted delivery number 7000 1530 0002 4694 5266 mailed June 25, 2001 and service was accepted on June 28, 2001. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff 1/7/02; by the defendant 12/26/01 4. Related claims pending: 5. Date plaintiff's Waiver of Notice in ~ 330l(c) Divorce was filed with the prothonotary: 1/8/02. Date defendant's Waiver of Notice in ~ 330l(c) Divorce was filed with the prothonotary: 1/8/02 Date: January 8, 2002 ~~ Ruby D. Wee s, Attorney for the Plaintiff ~)@ill~~.1~~~lJ:i,,)ii;-m~*ioY:j!M.wJii;l~Hi'ilfJitI:ii!ld!f;,;,,'t;~'!J\i:,'<!,,!i[,',"iJti,'_;"<Ji,'~i:G'X,:;;,f.j"li;.'l;;--.'iITj';'U~,~lkM.~~~liill!lilll';!~~~o -.<.~1lIIlI~""'" l I r': "'~~ v~,""'._ -~, ,- i" I: ji ii' I,' co Ii () C) 0 C i~..J i, ii ;:-;;'" t I'l -- Ii "'00::1 J::;E" " rnf': ~';,;o . ,..-' ~ 2::1' ,"11:-:'\ 2C ~d" '..0 -::'-''1,,; il ;l ..:::: ~~~ " ~ ""~, :<:" ..n ~O_ ~: :::i;Q --;7"-,' =C, 51il >c: -" 2 0 -r.> ~ :0 ...... --< 0 ...J 'l> 1 (S cO , -~, , ,,-_,',",,~_ "-",,,,_,,~__ .'n P '-0'" _,'^""" ~" - - -~,~,'~,- " I! "':J-'L, , .. - ~ ~'-' -'" T .~ .~ Lori L. Hoffmaster, i'laintiff IN THE COURT OF COMMON i'LEAS OF CUMBERLAND COUNTY, i'ENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE Steven T. Hoffmaster, Defendant #01.3St,r CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages. you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 717-249-3166 . ...,,). :1;1 ""''':''0' -'~;'~', Lori L. Hoffmaster, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE Steven T. Hoffmaster, Defendant # 0/. 3 p(" r CIVIL TERM AFFIDAVIT OF MARRIAGE COUNSELING I,Lori L. Hoffmaster, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's 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.S. Dated: Sworn and subscribed to befOr(\ me this /Ji},nP of ifJ..IM 0 N~b~iC flU>rl aJ day ,2~ tlOfAIIIAL SIAl. CflIlOL A. ND/IIDN. ~ PubIlc 0IIIsIe 8aoo, (;umbeIland County .., 0... . '.. EopheO June 28, 2003 -l,j : ;Tj .~ ~-'., . .' Lori L. Hoffmaster, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE Steven T. HOffmaster, Defendant It 0'. 3 ~("" CIVIL TERM COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Lori L. Hoffmaster, Plaintiff, by her attorney, Ruby D, Weeks, Esquire, who avers as follows: 1. Plaintiff, an adult sui juris, is Lori L. Hoffmaster, a U. S. citizen, who currently resides at 475 Heisey road, Mechanicsburg, Cumberland County, Pennsylvania 17055, since May 28, 2001. 2. Defendant, an adult sui juris, is Steven T. Hoffmaster, aU. S. citizen, who currently resides at 201 Kings Highway, Marysville, Perry County, Pennsylvania 17053, since 1991. 3, Plaintiff and Defendant have been a bona fide resident{s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 20, 1989, at Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party is a member of the Armed Forces of the United States. 7. The marriage is irretrievably broken. 8. Plaintiff and Defendant have lived separate and apart since May 28, 2001. 9. 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. 1::,1 TI 1f-~' .. 10. Plaintiff requests the Court to enter a decree of divorce. COUNT I (A)- INDIGNITIES 3301 (a) (6) of the Divorce Code 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. The averments under this Count are not collusive. 13. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT II - IRRETRIEVABLE BREAKDOWN 3301 (c) of the Divorce Code 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart since May 28, 2001. 16. Plaintiff has been advised as to the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 17. Plaintiff requests the Court to enter a decree of divorce. COUNT III - REOUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE 18. paragraphs 1 through 17 are hereby incorporated by reference and made a part hereof. 19. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 20. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. =- " i-.I I.J "< ::.-.,. .' WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing plaintiff from the bonds of matrimony between the said plaintiffand defendant. 10. As to Count I, that a decree in divorce be entered divorcing plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. a. As to Count II, in the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. As to Count III, that this Court determine marital property and order an equitable distribution thereof. c. Such other additional relief as the Court deems necessary and appropriate. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are mad Date: penalties of 18 Pa. C.S. ~4904, relating to unsworn fals 0'J )tL Ruby D. We ks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 .' ,1 l-l -,Ui II ,-, ~ "' COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND The above named, Lori L. Hoffmaster, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause me.ntioned in the said Complaint. ~~ Lo sworn and subscri~d to befor& me this ~ day of 1M P , 20QL. o aM a d 'I 1(J)J Ji (J, ) Notary Puolic tlOI'AIIAL SIAl ftubIIc QIoIIOL A. fII1I/ID#I, ...-, QIIItIe IIcIO. CN"~ IooIId ~ "" t . .-- ExpIftlI....... 28. ~'.~~_M~il~~BilIi~~U!ljf!iHjOOi~i!!,~lllif;0;~f;j~j~:~lmit-M~~~..(~it.;'"'-.~'~': r~ ;.... W '- );:; I..., \).r '" W "'" - -~~ ~~ ,- ~^'-~~ . ~^. .~ ,," ,'''--, .,,,,.~..."~;, --'~^'" ~ .,,~- ""~illlJf' ~. -~," '~- ,,- iIIiiIIliIlI ~t,[, Ii It: 'f'~ ~I': u' tr: 'II .. " "f,1 11:! li'1 Wi ii', Ii:: Ili '(,i j'i Iii [; ~ I-j 0 ,'-", 0 c ~ -c, to: - 6'i ," z r- ~', rl L. ,""',) (j) ."'.;... t.;' ~ -< ,.--', ~S .....> 't;; z C) :::;;;. t) 5> () (~fT1 c::: Z -4 ,::J 2:;: :<! .-c, 0 -< }' <5- CO ~ )0 )..> ~ ~ .. .c ,"';; ~ '\ 8 i cl G' Jr I,i I,] '" LORI L. HOFFMASTER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE STEVEN T. HOFFMASTER Defendant 01-3868 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a) (1) (iil COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Lori L. Hoffmaster, being duly sworn according to law, depose and say that a true and correct copy of the divorce complaint, custody complaint and proposed custody stipulation was served on the Defendant, Steven T. Hoffmaster, at 201 Kings Highway, Marysville, Perry County, Pennsylvania 17053/ by mailing the same to him by certified mail, restricted delivery, No. 7000 1530 0002 4694 5266, on June 25, 2001. Service was accepted on June 28, 2001 ~~ Ruby D. Weeks, Esquire Sworn and subscribed to this !)nd day before me of 1~ ,2cflL. ~.~ {V10-\~GW Notary Public '-., ...- d. -17 ~.... ~A.~~' .....~ ~!llIIlto ........ JutlII28. ~G._"""""':'':' .",~ "~ ~,~,,' ;;",'t, i~.f~~:iI!;t.I!!~~~~HIf~~:1:wi'~i.lJlji-i>*)";:'*';:'"J11"-'i1-,,"~~e&'liU~;ili;"tii~~1~'-~-"-'-=Il . "'-"""" ",'.^.'- ~~'-""'~",~~ ~~. -~~,' ",~. ,.. ,'. ,~-r_ ,"d'. "~-" ~, _ _"', U.-~--'i n o S <':_~ -of'- ITli", j ..--""'- ...-.:._-, (j),,::- ~, r;C- ~s 3 , ~. ,., ,'" , I c-~. f-..) , ,-,." i'" "'1 lfi Ii [".'...,1 il I'..'..,...' i,1 II 'I ,:1 :!" t' II ! I, ~!I II Ii [<I i " , i ; i [ Ii Ii I ", w..~JU,"". " .. .1 ^I'"I ,-""';i,' "., _.' ."'- . . . c rtl Lt\ r'l j I'1J Lt\ .:T IT" ..D :T post.g. $ .1.18 CARLISLE MPO CARLISLE, Pennsylvania 170132935 06/25/2001 (717)243-3531 01: 59: 18 PM Certified Fee nJ Return ReceIpt Fee c;;a (Endorsement RequIred) r::J I;lestticted. Delivery Fee C '(Endorsement Required) 'ibtal Postage & Fees , Sales Receipt S;=._' IJnll Product criptlon C'(:' c Fi nal Price c c C r'- YSVILLE f st-Class estricted eturn Rect; :erti fi ed Label Serial.: $1.18 $3.20 $1.50 $1.90 IUU01530000246945266 Issue PVI: $7.78 ,,,Lt.:: $7.78 L .:.1 d by: Ca,1) Change Oue: $10.00 -$2.22 oi 11#: 'erk: 1000300312393 12 i if'il1\\iWrete. 1I.m4if _1lIllnt your 01'. Ii!!l'ihat we cli . . _ch this C8n:t to the back of.:the mailpiece, - Gill' ,t>n the front if s'pace perm'its. 1. ARitle Addressed to: . 4kNUlI. \-\o.l'(?vno-s~~ .. 1)~ \...U~u>>.L\ ~V\l~J li<A' \10~a) ~ ~ 3. Service Type ~rtified Mail 0 Express Mail o RegIstered 0 Return Receipt for Mercham.s o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) as ~""_fif,~llil>t 102595.00-M-0952 .l~ ~:~f---'-' ~-~~~llili~Wl'_'1<~-i,,"':;'lt>iim"&'_'~~~~_.~ ".~,~-- "'~-'" ' ,~.. "~, ~,""'" '- --'",,~, ,- _.~,,"~~"~, -^,< -- ~'"",~ ".-,.~'"'~^ <. .~._" ~ - ",~^ r, "" ^--~-<J",,-, ~-, L-) 5' =F . ~,,~ .''',,"-~' " 0> (.N CSF~ z~- 0))> ~;; :~> ~ >~ -I'- N ~ $ -,^ - -~i;:i-i Ii I U Ii I f-, II II )jJ . ..-~ . o t= .. C) '-;-j F I c.,:; [-..; ~ cO ~ ~ UI , .~" LORI L. HOFFMASTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW IN DIVORCE STEVEN T. HOFFMASTER, Defendant #01-3868 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2001. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: ( 17 !o )-- I I Lo Sworn and subsc~ed to before me this ~ day of ~QfYI.1'~ ,20.00 ~ A.. , vm(YtJL~ Notary Public '- "'''"1_ 01I0LA. ~, MGIlIIY...... c:.I*" 0 'llollll County ., CloI .. ll!rplnlo June 28. 2()l\' ).~. . i~~~EJ!I.~.Ji!~ilibii~;jii!Jn1j~~~{''hJiM{iki!-:I<~.j'2iU''i''.J';dbh';_'';~~'"HQ&"",<ilil~~ ~ ^ ~.,. "=^,->--, < '""_j-'-cii!ll. .d, , 0' ~~,. ,,,.< 0 Cl () c: \',) -n 0 <: (- 1 fV -ow ~,tJJ -,-, [IiC!: ;~;;::. ,--'-- Z~...' I ~g~) ~ zS?- if). ' u:> r-, ::> C<.,'. ~-:'; '~o~,.' !;2C ~ ~~;~S ..s> ~Q -"'~ ""c) - l~--)l'-n PC: "" ~ 0 13 - 0" -< - " C) ~ G co '" -~~. -~"'""'-"-~""~ = ,~ ~~ ,~~- .. W.l!I'j iil Iii ,I ',.j i Ii i :1 I ,.'~~ ~_^.', ,"' ..0; ~" ~~'I--,I . <;,,, LORI L. HOFFMASTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. CIVIL ACTION - LAW IN DIVORCE STEVEN T. HOFFMASTER, Defendant #01-3868 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 3301 (el 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. I understand that false statements herein are made subject to the penalties of Date: '/7/0d- I I to authorities. 18 Pa.C.S. ~ 4904 relating to -ii~~~lIia~\i-;;~~i\.JlilfM.@iitii+(_,0,?,:J_ <""" "'!"J,,,":,_,,,,..(,,r:'I""Ji~,<--WI~,,~~JI-''''' -~~ 'llJ" .'~ ~~= ~~ lj..Mi.f_r=~~"- - -, i I::i " 1-; i'l ,'.I !,:~ ! ~ Ii 11 , I !i r! l' ti H " ~1 tI 'I L II iJ " (") 0 r, C> c: f'.) '-..j -;-1 IV '" ,'- -o~ IT'....,'- """ lr' 7~ 4':"- ;;:I~ 7r~: I r":~ -)0 ) SQ:~~.. cD '-r] ~C,. :to' t> ...n -;:- i', Z'-" ~': ~~;~ :;;b -:O?\. / c: 011"1 ~ Z 0 ';:1 C =< a> :6 -< 6'> :;,. ~ G(r ~,~,,,,,,,,,_.=_,,", ._",'," .,' _,,~. "V's", - o~,""_ ,1"'", ..q"..,~~"''''W''-'''' ,,~. ',,~.,~, '~', ~'" , n,~",,)a -ryf .".- , LiJ;~~' .'^-' , " ^ ,_~~..d~""-,,,,~ .. .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LORI L HOFFMASTER, Plaintiff v. ) ) ) ) ) ) ) NO. 01-3868 CIVIL TERM STEVEN T. HOFFMASTER, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under S3301(c) of the Divorce Code was filed on June 25, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service ofthe 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. W AlVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S490 relating to unsworn falsification to authorities. Date:~l ,,~(,- D \ ~1~i,illi~~~~I~ilI~"ik'-i~!(~m1#!~I:~~~'''';;frM1fA,~,j,;\'H!i'---_''-i'''-,J;-,<i:'J-6";i~ut\,,,,;jJ~''0.llil~~''f.lf;';'~~' ...t. .. . =,~. .,= ""'e~ ~,',"_ , U1 =';"f!;i~~~~_l\iiRKIlJjIL.~ --1 ., , !1 :1 VO__<' ,_ "^ ~,,_ " ", l!~ .. (") Cl C' c: ,"-' -' ~n 0 ~ ~ N -ofr ;'" ITljT Z :-'i,3: Z::r:< l;I zr.' I .-,:Tj e75 :-:-". \,D ~ ';0 -< ~,;.' ,-'),L, ? r:~' <;::,\_.i ~, d ..l:) .)>c ::1;: .:::5~ ~O -,..1... ' Pc: ;::), (1 2: 0 ~ - =<! 0'0 --< 0 OS' ... ; ('do. ':JT",_~!> ....-'-~~ ~. IJ , ~""'i,~4 LORI L. HOFFMASTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA VB. CIVIL ACTION - LAW IN DIVORCE STEVEN T. HOFFMASTER, Defendant #01-3868 CIVIL TERM PRAECIPE TO WITHDRAW COUNTS IN DIVORCE TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the previous requests for Indignities, Request for Division of Property, in the above captioned divorce action since these matters have been satisfactorily resolved between the parties through a Property Settlement Agreement entered into January 7, 2002. Dated: \ - Ii - i> :.-- ~~~ Ruby D. W ks, Esquire Attorney for Plaintiff cc: Ruby D. Weeks, Esquire Donald Kissinger, Esquire ~.fi;i__~~OOW:.1ll~iM__~~g~t1;;fJ;,j'X'!:<:W"';:;';-'-2,,:;';;li,"~it':@li~LI.#.!II~tkiii'ii!tWJr~_;' ~" .;,"~ H[~li!ii--f 'ij,lttl1d -.w.-w= R\t,' 0 0 0 8 c: N N ~- s. <- "u, ).,";Ht ;~i}J ~ rnp", -~. -.....~. .;;~ ""--'-' ;:> ?t;:". --'--,ff';--j v?",-' U) ~-;:J\._' ~E~; ,--! i ~ "'" ::::jC) );~C'- -1', z~ :J;; .7"::;-11 5Q - ~~ ~- - Z -; -, .::;:) '" 0 -< m :0 6"- -< .h. j c:r- cO ~,M -~ ,",~~' ."-_~''''_M'''0'''~",''',"_,''''',',,~, I ,] ", .-K"J-',""," ,"',c,~'..-~. , '"', -"~.,.._,_~",,,,,~.,(,~.It'\~"'^'.~,, _'''..Yc~"f'''""''''_ -- "" '.Ld_:. ,'C I " ". e --,~,. - 0'_' """~- j"":':'-h .' '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. HOFFMASTER, PlaintifflRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantlPetitioner CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Defendant's Preliminary Objection to Plaintiffs Complaint for Custody, the Court hereby ORDERS, ADJUDGES and DECREES, that Defendant's Preliminary Objections are sustained. As CumberJand County is not the proper forum for the instant custody action, the action is hereby transferred to the Court of Common Pleas of Perry County and the Prothonotary of Cumberland County is directed to forward the file in this action to the Prothonotary of Perry County. BY THE COURT: J. '" . .J. " I II ~ '"'~ < .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LORI L. HOFFMASTER, P1aintifflRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantJPetitioner CIVIL ACTION - LAW CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW comes DefendantJPetitioner Steven T. Hoffmaster, by and through his counsel, Howett, Kissinger & Conley, P.C., who appears specially to file Preliminary Objections to Plaintiff s Complaint for Custody and in support thereof states as follows: 1. P1aintifflRespondent is Lori L. Hoffmaster (hereinafter referred to as "Mother"), an adult individual currently residing at 475 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. DefendantJPetitioner Steven T. Hoffmaster (hereinafter referred to as "Father"), an adult individual currently residing at 201 Kings Highway, Marysville, Perry County, Pennsylvania, 17053. 3. The parties were married on May 20, 1989, and separated on May 27, 2001. 4. At the time of separation, the parties resided with their minor child, Nicole Lynne Hoffmaster, born October 17, 1997, at 201 Kings Highway, MarysvilIe, Perry County, Petillsy1vania, where they had resided for the previous ten years. ~.<lj~~ ..- 1:1 -" ..~~~i " 5, Since separation, the parties have been sharing both legal and physical custody of the minor child on a de facto basis. 6. On June 25, 2001, Mother, contrary to PaRC,P, 1915,2 and 23 Pa,c'SA g5341 et seq, , brought an action for custody in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to the above-captioned number, 7, At the time of separation, Perry County, and not Cumberland County, was the home county of the minor child under the Uniform Custody Jurisdiction Act and the Pennsylvania Rules of Civil Procedure, 8. On this date, Father has filed a Complaint in Divorce, raising a claim for custody in the Court of Common Pleas of Perry County, Pennsylvania. 9. Father objects to Cumberland County determining the custody issue between the parties insofar as it is not the proper venue under the Domestic Relations Code and the Pennsylvania Rules of Civil Procedure. WHEREFORE, DefendantJPetitioner Steven T. Hofftnaster requests this Honorable Court to sustain his Preliminary Objections to PlaintifflRespondent's Complaint for Joint and Shared Custody filed June 25, 2001 for improper venue and transfer the custody action to the Court of Common Pleas of Perry County. Date: 7/ ~Io I Donal . . ssinger, Esqui HOWETT, KISSINGER & EY, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff Steven T. Hofftnaster " II ..I&.!l#c, i-I " VERIFICATION I, Steven T. Hoffmaster, hereby swear and affirm that the facts contained in the foregoing !:EEeul:u.J!..'s P.relimirmy ~EctiaE tD plaintiff's CI:npla:int fer 013lrrly are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 7/17/01 s - ,-, "" , _I " - ~ '- , , . f'L 'r ~-'""""',..H' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA DOMESTIC RELATIONS SECTION LORI 1. HOFFMASTER, Plaintiffi'Respondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantJPetitioner CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for DefendantJPetitioner Steven T. Hoffmaster in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Preliminary Objection to Subject Matter Jurisdiction of Court Over Custody Claim was served upon Ruby D. Weeks, Esquire, counsel for Plaintiffi'Respondent Lori 1. Hoffmaster, by depositing same in the United States mail, first class, on July 17,2001, addressed as follows: Ruby D. Weeks, Esquire 10 West High Street Carlisle, P A 17013 Date: 7,1t~)J t r Donald T. Kissinger, squ' HOWETT, KISSINGER & 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for DefendantJPetitioner Steven T. Hoffmaster ~" ~.~ I.J ^""--:J""t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LORI 1. HOFFMASTER, Plaintiffi'Respondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, Defendant/Petitioner CNIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Defendant's Preliminary Objection to Plaintiffs Complaint for Custody, the Court hereby ORDERS, ADJUDGES and DECREES, that Defendant's Preliminary Objections are sustained. As Cumberland County is not the proper forum for the instant custody action, the action is hereby transferred to the Court of Common Pleas of Perry County and the Prothonotary of Cumberland County is directed to forward the file in this action to the Prothonotary of Perry County. BY THE COURT: J. ~- :--1 - LI ...." _ilhi' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. HOFFMASTER, PlaintifflRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S . COMPLAINT FOR CUSTODY ~~ c' . L~ AND NOW comes Defendant/Petitioner Steven T. Hoffmaster, by and thro4#his i:-.~ ~:? -~ C~: counsel, Howett, Kissinger & Conley, P.C., who appears specially to file Prelimin~<?bjec!i1!lns ~:.> On, to Plaintiffs Complaint for Custody and in support thereof states as follows: ~ (,r; _< I. PlaintifflRespondent is Lori L. Hoffmaster (hereinafter referred to as "Mother"), an adult individual currently residing at 475 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant/Petitioner Steven T. Hoffmaster (hereinafter referred to as "Father"), an adult individual currently residing at 201 Kings Highway, Marysville, Perry County, Pennsylvania, 17053. 3. The parties were married on May 20,1989, and separated on May 27, 2001. 4. At the time of separation, the parties resided with their minor child, Nicole Lynne Hoffmaster, born October 17, 1997, at 201 Kings Highway, Marysville, Perry County, Pennsylvania, where they had resided for the previous ten years. 1'1 w ,. -,~, ^,' ,,,-,,.-t~ 5. Since separation, the parties have been sharing both legal and physical custody of the minor child on a de facto basis. 6. On June 25, 2001, Mother, contrary to Pa.R.C.P. 1915.2 and 23 Pa.C.S.A. g534l et seq., brought an action for custody in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to the above-captioned number. 7. At the time of separation, Peny County, and not Cumberland County, was the home county of the minor child under the Uniform Custody Jurisdiction Act and the Pennsylvania Rules of Civil Procedure. 8. On this date, Father has filed a Complaint in Divorce, raising a claim for custody in the Court of Common Pleas ofPeny County, Pennsylvania. 9. Father objects to Cumberland County determining the custody issue between the parties insofar as it is not the proper venue under the Domestic Relations Code and the Pennsylvania Rules of Civil Procedure. WHEREFORE, DefendantlPetitioner Steven T. Hoffmaster requests this Honorable Court to sustain his Preliminary Objections to Plaintiffi'Respondent's Complaint for Joint and Shared Custody filed June 25, 2001 for improper venue and transfer the custody action to the Court of Common Pleas ofPeny County. Date: ~) ~Io I Dona! . . ssinger, Esq . HOWETT, KISSINGER & EY, P.C. 130 Walnut Street/P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff Steven T. Hoffmaster 1:1 ';'--JG4' VERIFICATION I, Steven T. Hoffmaster, hereby swear and affIrm that the facts contained in the foregoing Ier...:id..'s PrelimiJm:y Cbje::ti.aE to plaintiff's Cblp1a:int fir 0lsl:cCy are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsifIcation to authorities. Date: 7/17/01 . I .'~ L!.Jj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DOMESTIC RELATIONS SECTION LORI 1. HOFFMASTER, Plaintif17Respondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Defendant/Petitioner Steven T. Hoffmaster in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Preliminary Objection to Subject Matter Jurisdiction of Court Over Custody Claim was served upon Ruby D. Weeks, Esquire, counsel for Plaintiff7Respondent Lori 1. Hoffmaster, by depositing same in the United States mail, first class, on July 17, 2001, addressed as follows: Ruby D. Weeks, Esquire 10 West High Street Carlisle, P A 17013 Date: ~;j ~)J t r Donald T. Kissinger, Esq . HOWETT, KISSINGER 8i NLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Defendant/Petitioner Steven T. Hoffmaster . , .-~,-- ~ IU -. _ , ,;c~ c 1v..<., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. HOFFMASTER, Plaintift7Respondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantlPetitioner CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Defendant's Preliminary Objection to Plaintiffs Complaint for Custody, the Court hereby ORDERS, ADJUDGES and DECREES, that Defendant's Preliminary Objections are sustained. As Cumberland County is not the proper forum for the instant custody action, the action is hereby transferred to the Court of Common Pleas of Perry County and the Prothonotary of Cumberland County is directed to forward the file in this action to the Prothonotary of Perry County. BY THE COURT: 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LORI L. HOFFMASTER, Plaintiff7Respondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, Defendant/Petitioner CNIL ACTION - LAW CUSTODY o ~:~.: r~:iL__ ({";. DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAlNTIFF$C COMPLAINT FOR CUSTODY ;) c ~--: ,-', -..> {~~ t<, AND NOW comes Defendant/Petitioner Steven T. Hoffmaster, by and throuaf,:lhis -- ~ Cn (L; -<. counsel, Howett, Kissinger & Conley, P.C., who appears specially to file Preliminary Objections to Plaintiffs Complaint for Custody and in support thereof states as follows: 1. Plaintiff7Respondent is Lori L. Hoffmaster (hereinafter referred to as "Mother"), an adult individual currently residing at 475 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant/Petitioner Steven T. Hoffmaster (hereinafter referred to as "Father"), an adult individual currently residing at 201 Kings Highway, MarysviIle, Perry County, Pennsylvania, 17053. 3. The parties were married on May 20, 1989, and separated on May 27, 2001. 4. At the time of separation, the parties resided with their minor child, Nicole Lynne Hoffmaster, born October 17, 1997, at 201 Kings Highway, Marysville, Perry County, PennsyJvania, where they had resided for the previous ten years. I.,' J_Ic, '" 1,.,1 "' ,," , ;i,___'.;.-,,;,,_-. ,'-,-' "'~'~ . '~"7i1 5. Since separation, the parties have been sharing both legal and physical custody of the minor child on a de facto basis. 6. On June 25, 2001, Mother, contrary to Pa.R.C.P. 1915.2 and 23 Pa.C.S.A. 95341 et seq., brought an action for custody in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to the above-captioned number. 7. At the time of separation, Perry County, and not Cumberland County, was the home county of the minor child under the Uniform Custody Jurisdiction Act and the Pennsylvania Rules of Civil Procedure. 8. On this date, Father has filed a Complaint in Divorce, raising a claim for custody in the Court of Common Pleas of Perry County, Pennsylvania. 9. Father objects to Cumberland County determining the custody issue between the parties insofar as it is not the proper venue under the Domestic Relations Code and the Pennsylvania Rules of Civil Procedure. WHEREFORE, DefendantlPetitioner Steven T. Hoffmaster requests this Honorable Court to sustain his Preliminary Objections to Plaintiffi'Respondent's Complaint for Joint and Shared Custody filed June 25, 2001 for improper venue and transfer the custody action to the Court of Common Pleas of Perry County. ~/ -;;/0 ! ctfuIIy submitted, Date: Donal . . ssinger, Esqu. HOWETT, KISSINGER & EY, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for PJaintiff Steven T. Hoffmaster 1--1 JoJ --s, VERIFICATION I, Steven T. Hoffmaster, hereby swear and affirm that the facts contained in the foregoing I:l=fi:uhJl..'s Pte1irniImy CJzject.icns to plaintiff's CbIp1aint fir ~ are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. Date: 7/17/01 s ,-, .,-.- UJ ~_ w -, ",-,; ~ ' :' -1" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION LORI 1. HOFFMASTER, PlaintiffiRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantJPetitioner CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for DefendantJPetitioner Steven T. Hoffmaster in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Preliminary Objection to Subject Matter Jurisdiction of Court Over Custody Claim was served upon Ruby D. Weeks, Esquire, counsel for PlaintiffiRespondent Lori 1. Hoffinaster , by depositing same in the United States mail, first class, on July] 7,2001, addressed as follows: Ruby D. Weeks, Esquire 10 West High Street Carlisle, P A 17013 Date: 7,1 ~j / t r Donald T. Kissinger, Esq' HOWETT, KISSINGER & NLEY, P.e. 130 Walnut Street P.O. Box 810 Harrisburg,PA 17108 Telephone: (717) 234-2616 Counsel for DefendantJPetitioner Steven T. Hoffmaster #liirml'JlXl~;tj1:~~1~-'i?;~~~W-q~'f,i;f~;;;;'~;'~;:;:1%@---- ''''';-':'1 I .. .. '-' ... -'. , . ,,- ',~' " 'A";.' ,] (")>-3:;0 ~@g. tn' ~'< (D(l)tj . en' "d'-+~ >!:8" ....(JQ " -JP"fr o (Il" .....-+tI:I "f @ 00 t5~~ Ul 1:1' Ul " = 0 ~ t"l '" -l ;>- .-l '" '" is in ",,,- COW CIlr- ","'0 CIl;>- P6~ ....'" ""'r- Zo m."Z ~." Znc t'itrl-l t"l"' -<"'''' ::eg r-O-; '" ~x~ ~O Z~tTl ." ;;O-l I"'J 0 ..., Z 0 I:"" ~ t"l .-< :-= ("l ! ::',~~ I l!.r.-l UI -" '..-~ i ,;') j , ;-~ i C'''z I t;t! ~~..~. "'_"__~.'_T~'__,~.__"... . 'T.-;"~;;-...I:'k*O:_,,,.-.('~_;C -lWlifiIj',r;;.it~~~Etf,~~-;1'.;~~t~~t~t~~~;~I4!!t~n~ 1.:;.1 '< I!l ~ 'ii '~ ~ I m I II ~ ~~~m~j't.\l3m;~~1 '.," ..I - < == 0 Cf.) a.: >; Cf.) CD c:: ::s 0 00 c..:> 0 ~ ..- l"- e.:>> .... CD ..- CI c:: <( I- 'u; 0 a.. en..- - .- CI Cf.) ::.:::00.... -x::l a:: :t:::o..c CD cc .~ ~ . t: - 00 ~ U. :J: c..: :c 'lIWJIII!;'Jll,_lll _,,t, ~ " ,,-,-, .JL'-,l'. ~",,'~ " ,"'~- ~-,'- ,,'--.,'" ""~ "~- ... " .~~;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LORI L. HOFFMASTER, PlaintifflRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Defendant's Preliminary Objection to Plaintiffs Complaint for Custody, the Court hereby ORDERS, ADJUDGES and DECREES, that Defendant's Preliminary Objections are sustained. As Cumberland County is not the proper forum for the instant custody action, the action is hereby transferred to the Court of Common Pleas of Perry County and the Prothonotary of Cumberland County is directed to forward the file in this action to the Prothonotary of Perry County. BY THE COURT: J. ;.J', -~, k"4-~ .~, ,); .i__, 1;1 ,- -~'- r' ",.O"'"",,7.,~,;;, :,", "" ,- ,--",--,;, ~-:--'''-''i~'J1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA LORI L. HOFFMASTER, PlaintifflRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantJPetitioner CIVIL ACTION - LAW CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAlNTIFF'Sp COMPLAINT FOR CUSTODY < ,""-- Ij~i[. ~ AND NOW comes DefendantJPetitioner Steven T. Hoffmaster, by and thro~~his ;,:; c:: c:; counsel, Howett, Kissinger & Conley, P.C., who appears specially to file PreliminaiQbjections >>;--~ ~~ ' ~" i to Plaintiffs Complaint for Custody and in support thereof states as follows: ~:... 1. PlaintifflRespondent is Lori L. Hoffinaster (hereinafter referred to as "Mother"), an adult individual currently residing at 475 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania, ] 7055. 2. DefendantJPetitioner Steven T. Hoffmaster (hereinafter referred to as "Father"), an adult individual currently residing at 201 Kings Highway, Marysville, Perry County, Pennsylvania, 17053. 3. The parties were married on May 20, 1989, and separated on May 27, 2001. 4. At the time of separation, the parties resided with their minor child, Nicole Lynne Hoffinaster, born October 17, 1997, at 201 Kings Highway, Marysville, Perry County, Pennsylvania, where they had resided for the previous ten years. ,-- , -,< ',_. J,I._,._' . " ,I,iJ '>'~' --1-, +,- > ,,'.<~--~- -"""',d~' -, "~""~; S. Since separation, the parties have been sharing both legal and physical custody of the minor child on a de facto basis. 6. On June 25, 2001, Mother, contrary to Pa.R.C.P. 1915.2 and 23 Pa.C.S.A. 95341 et seq., brought an action for custody in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to the above-captioned number. 7. At the time of separation, Perry County, and not Cumberland County, was the home county of the minor child under the Uniform Custody Jurisdiction Act and the Pennsylvania Rules of Civil Procedure. 8. On this date, Father has filed a Complaint in Divorce, raising a claim for custody in the Court of Common Pleas of Perry County, Pennsylvania. 9. Father objects to Cumberland County determining the custody issue between the parties insofar as it is not the proper venue under the Domestic Relations Code and the Pennsylvania Rules of Civil Procedure. WHEREFORE, DefendantJPetitioner Steven T. Hoffinaster requests this Honorable Court to sustain his Preliminary Objections to Plaintiffi'Respondent's CompJaint for Joint and Shared Custody filed June 25, 2001 for improper venue and transfer the custody action to the Court of Common Pleas of Perry County. Date: ~)io I Dona! . 'ssinger, Esqu' HOWETT, KISSINGER & EY, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for PJaintiff Steven T. Hoffinaster ,., , --'" ;, ,,~. 'l;,,~ _, 0-' "';':,,,',"~ ' - >;','-->--i",;",), - -., .~ .,"', ~~. VERIFICATION I, Steven T. Hoffmaster, hereby swear and affinn that the facts contained in the foregoing D:~feu1uJl.'s Pre1irnirary C1:Jje:::til:n;; to plaintiff's Cl:llp1aint fer ClEtIrly are true and correct to the best of my knowledge, infonnation and belief and are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: 7/17/01 -,----- - " , . ."1,-1-1,; - ~",~--"", , .'....i_,',::>"h~',," -" ~ '......'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION LORI L. HOFFMASTER, Plaintiff7Respondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantJPetitioner CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for DefendantJPetitioner Steven T. Hoffmaster in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Preliminary Objection to Subject Matter Jurisdiction of Court Over Custody Claim was served upon Ruby D. Weeks, Esquire, counsel for Plaintiff7Respondent Lori L. Hoffmaster, by depositing same in the United States mail, first class, on July 17, 2001, addressed as follows: Ruby D. Weeks, Esquire 10 West High Street Carlisle, P A 17013 Date: 7,;j~)/ t y Donald T. Kissinger, Esq' HOWETT, KISSINGER & NLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg; P A 17108 Telephone: (717) 234-2616 Counsel for DefendantJPetitioner Steven T. Hoffmaster , , .--. -'-~" - "-. I,lL, ." .'" '''''':O'",,~''-'''O'''-,' , " "--'0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LORI 1. HOFFMASTER, PlaintifflRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantJPetitioner CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Defendant's Preliminary Objection to Plaintiffs Complaint for Custody, the Court hereby ORDERS, ADJUDGES and DECREES, that Defendant's Preliminary Objections are sustained. As Cumberland County is not the proper forum for the instant custody action, the action is hereby transferred to the Court of Common Pleas of Perry County and the Prothonotary of Cumberland County is directed to forward the file in this action to the Prothonotary of Perry County. BY THE COURT: J. ,1-,4 L'L <"- .--,,,~~'~,: -.<4"-'~'''':'';';,"i',,--''' col.:"-l~{J;:,~,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI 1. HOFFMASTER, PlaintifflRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY c' c- .-.- -,; .---' DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAlNTIFF'"..;Sc COMPLAINT FOR CUSTODY ~'.' I:':, r--;- AND NOW comes Defendant/Petitioner Steven T. Hoffinaster, by and throi~his ~ ...... ~. .t_._ , . counsel, Howett, Kissinger & Conley, P.C., who appears specially to fiJe PreJiminary Qbjee,iions:..c to Plaintiff s Complaint for Custody and in support thereof states as follows: 1. PlaintifflRespondent is Lori 1. Hoffinaster (hereinafter referred to as "Mother"), an adult individual currently residing at 475 Heisey Road, Mechanicsburg, Cumberland County, Peunsylvania, 17055. 2. Defendant/Petitioner Steven T. Hoffinaster (hereinafter referred to as "Father"), an adult individual currently residing at 201 Kings Highway, Marysville, Perry County, Pennsylvania, 17053. 3. The parties were married on May 20, 1989, and separated on May 27, 2001. 4. At the time of separation, the parties resided with their minor child, Nicole Lynne Hoffinaster, bom October 17, 1997, at 201 Kings Highway, Marysville, Perry County, Peunsylvania, where they had resided for the previous ten years. ,rJ . "_' ^ ~-, 0 ~ I.Jj " .-',~,~ '-.',,;--:>,' '~:;"",;,;;-'-'"""-'''j,''',)i,,',.,,,,_-,p --""--ti 5. Since separation, the parties have been sharing both legal and physical custody of the minor child on a de facto basis. 6. On June 25, 2001, Mother, contrary to Pa.R.C.P. 1915.2 and 23 Pa.C.S.A. 95341 et seq., brought an action for custody in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to the above-captioned number. 7. At the time of separation, Perry County, and not Cumberland County, was the home county of the minor child under the Uniform Custody Jurisdiction Act and the Pennsylvania Rules of Civil Procedure. 8. On this date, Father has filed a Complaint in Divorce, raising a claim for custody in the Court of Common Pleas of Perry County, Pennsylvania. 9. Father objects to Cumberland County determining the custody issue between the parties insofar as it is not the proper venue under the Domestic Relations Code and the Pennsylvania Rules of Civil Procedure. WHEREFORE, DefendantJPetitioner Steven T. Hoffmaster requests this Honorable Court to sustain his Preliminary Objections to Plaintiffi'Respondent's Complaint for Joint and Shared Custody filed June 25, 2001 for improper venue and transfer the custody action to the Court of Common Pleas of Perry County. Date: ~)7/o I I Dona! . 'ssinger, Esqu' HOWETT, KISSINGER & EY, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Steven T. Hoffmaster . ~ ~"l JJ " "'\~'~'" ''':'''',ki2.~'~'''~-''':'--"''''-'' 6-"""_,'- .'-' -": ,~. iii" VERIFICATION I, Steven T. Hoffmaster, hereby swear and affirm that the facts contained in the foregoing Oclfu.LbJl.'s Prelimirmy Cl:!ie:::t::iaE to plaintiff's Cbrplaint frr Cl.5tI:rly are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: 7/17/01 S " - ',' ~I /" - " h'_ I~ .,',' '" ,-,,,,. ,j,-';~, '.;'.-. ""-,'~' ~".i;., /...; " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION LORI 1. HOFFMASTER, PlaintiffiRespondent v. ) ) ) ) ) ) ) NO. 01-3868 STEVEN T. HOFFMASTER, DefendantlPetitioner CNIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for DefendantlPetitioner Steven T. Hoffmaster in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Preliminary Objection to Subject Matter Jurisdiction of Court Over Custody Claim was served upon Ruby D. Weeks, Esquire, counsel for PlaintiffiRespondent Lori 1. Hoffmaster, by depositing same in the United States mail, first class, on July 17,2001, addressed as follows: Ruby D. Weeks, Esquire lOWest High Street Carlisle, P A 17013 Date: ~!t ~)/ t Y: Donald T. Kissinger, Esqu' HOWETT, KISSINGER & NLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for DefendantJPetitioner Steven T. Hoffmaster IIJ """. ~. I'k~''- .. LORI L. HOFFMASTER PLAINTIFF V. STEVEN T. HOFFMASTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3868 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 26, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 18, 2001 at 1:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. Verntry. Esq. M Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1HE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ... . " -. - -~- , - ~ " '~.- f., .~.(J( !/;;If '0 ( &;2'fi.O( _N,O_'. '".'d. '""oJ" ,...... .'~' Ho'" .....iffi,"!..iilrll1f.l nrn'lrr'lli1T . nllTllIfin'WlIiillir l I~ n',1 '"'! n :! .".., r: , h;: i[): j 7 ,..,. I". .. .. I."'.' "'TY C;l.r;V;L~:i~',U J,juJ ~ PtNNSYLV/)~'~jA C> I J;;'Ai<C 2 e JO: 11 AM. W~~$4'~ ~ #t-~ Z dJ/- ~ ~ ~ u:l;Tj~, # . '- .....- ~~~ ="",.,..,.~ - - ~ - "--"'l~ , "....,..,.,,~~~-'!i.1;P'!!!'lj,,~l'':-'!<'n'"':'' ,.,__'tK,,,";C", -;'<'f';,_;""'n7rm',~~~"j\l~",,,"M~",,'~ili'f"""'1"~~"'l1"':';1,,,,~,'r;;:-l'!'f&i~fI'~ ~-~, , -. I" ~' J i _~, --I-lI,..,-, ,b~~'";,"-';: ___'. ;e,,', ' ,e'CjQ, .' < . Lori L. Hoffmaster, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY Steven T. Hoffmaster, Defendant # 0 1-.3 g~ g CIVIL TERM " ORDER OF COURT AND NOW, this _____ day of , 2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the ____ day of , 2001, at _ _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 . 'C/ U_N ._ LJL "'--,~o , ",,,' , -""':;:,.,i Lori L. Hoffmaster, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY Steven T. Hoffmaster, Defendant # CIVIL TERM ORDER OF COURT YOU, Steven T. Hoffmaster, Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child, born October 17, 1997. You are ordered to appear in person at Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, on I the _ of 2001, at .M. for a hearing. Until such hearing, custody of the child shall be and remain with the natural mother, Lori L. Hoffmaster. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 BY THE COURT, J. . I,. ,-" -,I :L, ','r:' '0" ,-,- . ;"" Lori L. Hoffmaster, Plaintiff IN THE COURT OF COMMON PLEAS OF CllMI!ERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY Steven T. Hoffmaster, Defendant # 01.3 It..f CIVIL TERM COMPLAINT FOR JOINT AND SHARED CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT, 1. The Plaintiff is, Lori L. Hoffmaster, hereafter referred to as the natural mother, residing at 475 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Steven T. Hoffmaster I hereafter referred to as the natural father, residing at 201 Kings Highway, Marysville, Perry County, Pennsylvania. 3. Plaintiff seeks legal custody of the following child: a. Name Present Residence Aqe Nicole Lynne Hoffmaster 475 Heisey Road, 3 years Mechanicsburg, PA 17055 b. The child was born on October 17, 1997. c. The child is presently in the custody of the natural mother, who resides at 475 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. d. The child has resided with the following persons and at the following addresses for the past 16 months: Persons Address Dates Lori and Steven Hoffmaster 201 Kings Hwy. Birth till 5/28/01 Marysville, PA Lori Hoffmaster 475 Heisey Road 5/28/01 till present Mechanicsburg, PA o~' '> .. ~rmllC,b-, ,_1,', ~'-l 1.1L",~, -"';"-< ~'"" - :-", 3. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 4. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 5. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. 7. Pursuant to the Custody and Grandparents Visitation Act, the mother requests this Court to grant an award of legal custody to her. 8. The mother requests physical custody of the child in that she is in a better position to provide consistent and stable care for the child and she is the parent more likely to assure that the child have a relationship with both parents. 9. The best interests and permanent welfare of the child and her physical, spiritual, emotional and moral well-being will be served by granting the relief requested of legal and physical custody with the mother. 10. Plaintiff mother prays for an Order awarding legal custody of the minor child, Nicole Lynne Hoffmaster, born October 17, 1997, to the Plaintiff mother and with partial custody awarded to Defendant father as this Court determines is in the best interests of the child. "'J . " '^-~- ~ ,=.-' _I., . . ~~' ''i'lfi_" . WHEREFORE, plaintiff mother prays for an Order awarding legal custody of the minor child, Nicole Lynne Hoffmaster, to the mother, with actual physical custody to the mother. Respectfully submitted, Date: (g~lOj RubY~~ Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 -"'~, ...:.~ ,-, , -j , ~ --."-- . 'L,I ,. J ;',.j ..- ~~'i0.\< COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct. d kl.- t; flr/O) Sworn to and subscri~d to befor~ me this ,tJ.a II day of llTlfl , 20~ -G Mol II, 1IfCVl ~ CJlJ Notary Public CMQ4.~- eo.e". -. . ~ I'ulare ..,r._ . r C.-h.....odC-__ "'.~ L.__ ~'7 -28._ ,IT ~~c iiti_.~~~4'lij\j-'~;#~.i-l!IliF.<.\N,<':i.~i i;'i'A,.",;lJi'k.!&II@i~~i1' k_ -,-.~~,-- -. "~ I _, nN.=' , ~. J __"~=_"~~.~-""",.""",,<"",_, ,^."_"_~_~,"~ ~.,," "~ ,__ :iitiII'" ,,~. "-~~ () () ,r.; ~ ,:g:~; -;.-(1' 8 ~f> f 2)) ~ :~~~ :x 1€ S' <- :< - o of:; } -"~ :::, .;;:~ t5 [0 a c - ,~~. ('\) (J) ~;:1 'illIII!l 1Of; I " . f~ . , --:;-:~I ,":i] -<: --<<l , , ~ -, ---'.i'%lI>Il.h-.;,,,-,,, JAN 0 2 Z003 V' LORI L. HOFFMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-3868 CIVIL TERM STEPHEN T. HOFFMASTER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 20d day of January, 2003, as the parties have not contacted the Conciliator since July 17, 200 I to request a conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, o/J,. y Conciliator or- ._.llUl___IiW!'!!_ -" ~ .~ -,~ < "'. ,'~~,~ ," ~ ""-',,,",,_","_~__,',_ _ ~_~.,''''' ""',_.w. _ ~ ~.~_~_"_ OJ '>] o c <:;'- L'tT: rnn, Z:X: ~~~; r~r= ~f~ )"c z :2 tinrJl o w o -n ~':;:' j-ii;::! i" ? ~'/ ,-) '~ "~t :; (-..,fT:. :::; ""'''': :[) -< "'" ;t: I c......:. ;::,. -~ ~ -..J _ ""'""""~ _ ~,I1t~\1t\-.oollm(I'l*'i,'t'!'~1i"_.k"'~~'''''''''ff,,*1_ij''fRt''~~?f1t~.,,*iilW~~1'#'1"~'tW'3~~JB;"J!'P~"1l1!1i!'~~~~