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HomeMy WebLinkAbout01-06621 :{'tl"'" . ., ",~_,''-;>X'________JI!II<.,..;;_p~;~___.K1~~~Il~II!I_?:M<i___-~'.' ~'.t ~ ~, ~~ -',,' S ~ ~ - ~. ~ ~ "" ~ ~ ~ ~~ ~ ~ ~ . ~ . ~ . ~ ~ ~;~-_. ~ q ~ ~ ~.~ ~ S ~ ~.~ ~ ~ ~ ~ ~ ~ ~.f ~ i . ~.~ '" ~,' ~ it, ~ ~ IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND STATE OF '* PENNSYLVANIA B.l<ll',~...~.,..HQ.ff.MN/.. J' J.<;\.int.:!..t:J....... ............ N 0, .y!..~.~.6.~.1... ................. Versus T.HELMA.. .J~...H.OEFMAN.,... Def.endant...... ........... DECREE IN DIVORCE AND NOW, ..... .M.41.~.~. \2-........., 2.9.q"h., it is ordered and decreed that....... .J?;r.i.<!~. ~.'. .~?f.~l!l?-r...,.................., plaintiff, and.................. .~qEi!~!I\q .Y... .1j:9tf.ll)<j.l)...................., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None. The parties ha~e executed a Marriage Settlement Agreement dated February 27, 2002, which Agreement been filed of record at the within term and number, and which .... ...... .......... ...... .......... ...... ...... .., ... ... ... .......... .... Agreement is incorporated in this final Decree in Divorce but 'i~' '~~t'~~~g~'d'h~:r:~i~'."""""""""""""""""""""""'" ::~~lit')1o flal.mmJ .....mm...~. ............... .... ........ Prothonotary / .--.-.....-:..:.-..:.,:...('.,...:... _>X{;-w/>X{>X,.......:->>>.;:_...:_~ -""", "'~,'>c_~'~,'~",\"'.,.~,<_,,c "",f ,'" ":'1 " " ," ' ,'" ~,' ," "J':.-'",;,; - ~,'"',--,. . "'", " " ~ , , . has . '0 ~ t~ ~ ~.~ ~ ~ ki , ~ i ~ , ~ ~ ~~ ~ ~.s ~ ~,,i 8 ~ ~ ~i I ~ I ~ i . i I ~ S ~ ~,{ ~ ;.~ , ~ "., ~ a ~.~ i ~.l , ,'. ~ a '.~ ~ '. w " ,;, ~ ;-:~ ~ ,\~-t~m~iljiW!q~~'" '," , ." '", ,: , ,', --'-"'#~~i~MJj~~"""""""~""~> j","" .'" 3 . /O--:'t:J,;.? .J /5<::7,,) '" '.,. ,"P .. ..........."..""'H'm.'"'.h. "'.: . " . . ~~~g4~o/~ ~~ ~ :7~' } ~ .~~ .... , ,. I.X!UJJUl:iI.L.lID IIlllL.~. , ......h.P..........,,,...., .......... .'" ......_".. ...... . - ~r - . <' MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this '2. 7~ day of ~~'U.h.u ,2002, by and . ~ between BRIAN E. HOFFMAN, of East Pennsboro Township, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", and THELMA J. HOFFMAN, of Hampden Township, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on May 18,1991; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they are living separate and apart from each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife are the natural parents of two minor children, to wit: Emily A. Hoffman, born July 17, 1993, and Jacob A. Hoffman, born June 9, 1997, and desire to agree upon the legal and physical custody of those two children as a result of the separation of Husband and Wife, and to provide, amicably, for the support of those children; and, WHEREAS, Husband and Wife desire to settle and determine their individual rights and obligations with respect to each other, including the disposition and distribution of marital property, and the resolution of the matters of spousal support, alimony pendente lite, permanent alimony, and attorney's fees and Court costs, NOW, THEREFORE, the parties intending to be legally bound hereby, do covenant and agree: UI!I!ljl~}" O"'Y ,- ,C"'(',"__~'A'\h'1f""'''''',- ,,'" " -I ,;~, "''''',~I c. '~C' , " , '~--"'" ,~, , ,~ -- , " ,,' ' ~, ,<' ,". .' 1i!/? . ,,~ '. 1. SEPARATION. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other party at such places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts and obligations incurred by the Wife prior to the date of the delivery of this Agreement; and, all further debts incurred by the Wife from and after the date of delivery hereof, shall be the Wife's individual responsibility. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts and obligations incurred by the Husband ':-i 2 :<lJk""" ..)" "",~.",,,,g,,,,'1<l"?',-~":':"'~~(' ,,' "J<:";:~"'-'" '''', "U""'n ',~' __:"",,~,'r , 1--" " ';'~ , ~," -,'~ -- '..~ -- , ~ , ,0' ','m" _ ,~" , '", ',. , . ~ prior to the date of the delivery of this Agreement; and, all further debts incurred by the Husband from and after the date of delivery her\)of, shall be the Husband's individual responsibility. 5. JOINT DEBTS. The parties acknowledge that the major item of joint indebtedness which they have is a mortgage upon the marital home, and the disposition of this indebtedness shall be separately treated in a subsequent paragraph entitled REAL PROPERTY. The parties do have several credit card accounts upon which their names are identified as joint users, and the parties agree that all of those joint credit cards shall either be canceled or that either of the parties who desires to retain any credit card in his or her own name shall cause the other party's name to be removed therefrom and, thereafter, the party remaining as the owner of that credit card(s) shall have sole and exclusive use of and responsibility for any charges upon that credit card(s). The cancellation or name change upon credit cards shall occur, or shall be placed in process within ten (10) days following the execution of this Agreement 6. MUTUAL RELEASE. Subj ect to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except for any or all causes of action for breach of any provision of this Agreement. 7. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the parties' 3 ';JJ",""~ . ,t'" '7' "",'"'<~,,T:':"',,':T!'-,'-,," " ",,",,~',7,~'~,-'~', , . 'I':" , ,,~ ""C'__ ,'~Ae'l.""'.,--' ,~ -- ~',I "_", ,e,,,'__,__' "", ,,"' ,'. . ',- " ^~, . . separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties and, further, have made such full and complete disclosure by the filing by each of them in the pending action in divorce of a formal Inventory and Appraisement. 8. DIVISION OF PERSONAL PROPERTY. The parties acknowledge that they have reached a mutual agreement with regard to the transfer and disposition of those items of personal property which they have heretofore utilized in their occupancy of their marital home, and do hereby confirm that all such personal property in the possession of Wife upon the execution of this Agreement shall become and remain the sole and separate property of Wife, and that all personal property in the possession of Husband upon the execution of this Agreement shall become and remain his sole personal property. 9. BANK ACCOUNTS. The parties have already reached agreement with regard to the disposition of any banking accounts which they have heretofore maintained together, and do hereby confirm that those accounts in the name of Wife shall be and remain her accounts, and those accounts in the sole name of Husband shall be and remain his separate accounts, 10. AUTOMOBILES. The parties are the joint owners of two motor vehicles, both of which are free and clear of any encumbrances. Upon the execution of this Agreement, Husband agrees that he shall execute the certificate oftitle transferring to Wife the sole ownership ofthe 1995 Plymouth Voyager minivan, and, Wife agrees that upon the execution of this Agreement she will execute the certificate oftitle to transfer to the sole name of Husband the 1997 Chevrolet Silverado pickup truck. Husband agrees that he shall continue to maintain the liability insurance policy upon 4 ':' .:~'fM;,"T."',~!_ ' "c\, "',~::-'""""'~i,~,,,,:\~,,;<<.>,>--,, ,;,'~',;",,'~.' ',<; ""1" '7' ,'" 'I:,' ~,7',o' "'" ,,_, ,"~', ',,",,,, ^",-",,",,~~,,<' n'" __ -- -- " i: "' ','-,' ,-'" --,,, , ,', "",' Wife's Plymouth Voyager until the date when a Decree in Divorce is issued in the pending divorce action, hereinafter identified, following which divorce shall be required to secure any policy of liability insurance she may desire to have. 11. REAL PROPERTY. The parties are the joint owners of real estate known as 6305 Locust Lane, Hampden Township, Cumberland County, Pennsylvania. Simultaneous with the execution ofthis Agreement, Husband hereby agrees to execute a deed, together with Wife, for the purpose of transferring to the sole name of Wife, title to the aforementioned real estate. Wife agrees that she shall, in accepting title to the said real estate, assume the continued obligation of making payments upon the said mortgage and liquidating said indebtedness, hereby agreeing to indemnify and hold hannless Husband from any further responsibility or liability with regard thereto. Simultaneous with her receipt of the deed to the real estate, Wife shall cause the name of Husband to be removed from all utility bills and services, and from any other household-related expense items, and agrees, hereafter, she shall be solely responsible for the upkeep and maintenance of the real estate. 12. HUSBAND'S BUSINESS INTERESTS. Wife hereby releases and relinquishes any interest which she may have in and to any ofthe business interests of Husband which may have accrued to her as a result of her marriage to Husband. Specifically, Wife hereby releases and relinquishes any interest in the stock which Husband owns in Harvey Hoffinan, Inc.; releases and relinquishes any interest she may have in the limited partnership interest of Husband in Pearl Limited Partnership; and, to the extent that Husband has any remaining interest in the real estate investment 5 ~i;<~,'f::c '. "<;---::''T~?~"-,;;,"i,~,'r:,;"",<",,,; ,,':!';'~",;"E",,_,,""'~'__:':~~' 'I,: - ;,r __ ". ^"'" '--',"i' ,.0-", i:',' ,"~ '-,:',0<:'<" ,';1, {,-,,;--. ,.." ,~ .. "_,"",' 1'"' - ,--",",',--, " , ' property at 40 West Green Street, Mechanicsburg, Wife does also release and relinquish any interest she may have or have had therein. 13. RETIREMENT ACCOUNTS. By virtue of his employment in the Hoffman family business ventures (Harvey Hoffman, Inc. and Pearl Limited Partnership), Husband has acquired certain retirement account interests. Wife hereby releases and relinquishes any marital interest she may have in any of such retirement accounts maintained by, for or on behalf of Husband. 14. SPOUSAL SUPPORT. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Both parties hereby waive and relinquish any right which each of them may have to seek or to receive from the other party the payment of any sums of money as alimony pendente lite or counsel fees and expenses. Husband acknowledges that he has caused to be instituted the presently-pending action in divorce in the Court of Common Pleas of Cumberland County at No. 01-6621, and agrees that he, alone, shall be responsible for all attorneys' fees and Court costs associated with said divorce action. Notwithstanding the foregoing, and commencing upon the date of the execution of this Agreement, Husband agrees that he shall pay to Wife spousal support at the rate of Eight Hundred ($800.00) Dollars per month, and shall continue the same, as alimony, following the entry of a Divorce Decree between the parties, for a period of time which shall terminate on September 15,2003. Such sum of support/alimony shall be paid by Husband, bi-weekly, in the sum of$369. Husband also agrees that, through Pearl Limited Partnership, he shall assure that Wife will be included in the group health insurance program maintained by Pearl Limited Partnership until 6 "'''''-;'-'' " ','"'1" ~':,'-:"';,~,~7~"1', '/,iC, ',',''< "'?,<'~' I','" , " ""~," .' ":,.,~~1~ ' ," , '~, ", >" ' such time as Wife has been able to secure a status of employment where she is provided with the opportunity to enroll in a group health insurance program maintained by her employer. The cost of the health insurance premium for Wife in the Pearl Limited Partnership group health insurance program shall be paid to that Partnership by Wife. 15. 2001 FEDERAL INCOME TAXES. Husband and Wife agree that they shall cooperate with each other and shall file a joint Federal income tax return for calendar year 2001. 16. CUSTODY OF CHILDREN. Husband and Wife agree that the legal custody of their two children, Emily A. Hoffman and Jacob A. Hoffman, shall be shared by both of them. It is agreed, however, by Husband and Wife, that primary physical custody of Emily A. Hoffman and Jacob A. Hoffman shall remain in the hands of Wife and that partial physical custody of the two children shall be afforded to Husband. The partial physical custody of the two children which shall be afforded to Husband shall be based upon the mutual agreement of Husband and Wife and shall be at such time and for such periods of times as the parties shall agree upon between themselves from time to time. Both parties agree that they shall discuss and agree upon the periods of Husband's partial physical custody with the thought uppermost in both of their minds for the best interests and permanent welfare ofthe children, recognizing that both children have the right to know that they have and continue to have the love and affection both of their mother and their father. Nothing herein contained shall prevent either mother or father from filing a Complaint for Custody with any Court having jurisdiction over the custody of their two children. 7 "-;",,~ --' ~""'~"i!':l:" /7''''','<A'R'',,',),<~,,--< ", ,>'~"',' "1,, ~ 1- '"'",'",<,-"T"-"' ,e' ,I~, \ -", -- ,--~ -.~ 17. SUPPORT OF CHILDREN. Husband agrees that, upon the execution of this Agreement, he shall pay to Wife, for the support of Emily and Jacob, the sum of Twelve Hundred ($1200.00) Dollars per month (payable $923 bi-weekly). Husband agrees to continue to maintain both of the children as dependents/ beneficiaries upon any policy of group health insurance upon which he is presently or hereafter covered as a beneficiary through Harvey Hoffinan, Inc. or Pearl Limited Partnership, for so long a period of time as is permitted by the group insurance provider. Any expenses of health care for the two children of the parties, including but not limited to expenditures for hospitals, physicians, dentists and orthodontic, and prescriptions which are not paid in full by available health insurance shall be paid equally by Husband and Wife, and if one of the parties shall pay the entirety of any such expenditure, the other party shall be required to reimburse fifty (50%) percent of that expenditure. Nothing herein contained shall prevent Wife from filing a Complaint for support of the two minor children in any Court having jurisdiction over matters of support for minor children. 18. FUTURE OF MINOR CHILDREN. A. Both parties acknowledge and agree that, in the event of the death of either of them while their two minor children are still minors, the surviving parent, as natural guardian, shall be the sole guardian of the minor children or child, as the case may be. B. Both parties agree that each shall secure or maintain a policy oflife insurance, insuring the life of each of them, and providing for a death benefit in the sum of $50,000, 8 i: ~;!:'~~""'':;'' '_--',:':CP-C:~~~"r:"}<,."c.y,'~C'7,',1r,~_,,'~~""~","''--'<~: ,,,,,,, ,',1,',,1> 0"'_ __,""~__'.~ ,,"'~~" . "" J-;,T r'~ '-"':'" ~~, and, additionally, each agrees to pay the premiums required in order to maintain in full force and effect such life insurance policies of each until the earlier of the death of the insured upon the policy or the attainment to the age of eighteen (18) years of the youngest of the surviving children of the parties. Both parties also agree that each shall cause to be prepared and shall execute an inter vivos trust agreement which shall provide, inter alia, that in the event of the deaths of either of them, the proceeds of their respective life insurance policies shall be placed into the hands of the Trustee each may designate, and will also provide that the Trustee shall utilize those trust assets to provide for the health, care, comfort, education and well-being of the minor children ofthe parties, with any sums remaining in trust to be paid, in equal shares, to each of their minor children upon the attainment of each to the age of majority. 19. IMPLEMENTATION OF AGREEMENT. The parties agree that, upon the execution of this Agreement, each of them will sign all documents contemplated by the terms ofthis Agreement and necessary to provide for the transfer of any asset intended to be transferred to one or the other of the parties under the terms of this Agreement and shall cause such executed documents to be delivered to each other upon the entry of a final decree in divorce. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in 9 r,:~i~, ""C' ""'~',,:~''': ,?F,",}~~"'i,,;:; '/~":"~~i,~"""'1'<";~,; ,'Y"" , I' ,,- '-"f"\;",~_'J' ,,,,", " .' ,_ ': ':".. , , '-' ,~"7"",.r, ''', ~" ~ , 1', I. I I , I, , I' I r I I I 1 I I'" , I , , I [,' I I I i 1 , ; I I i' I i [--,,~,).~,_ T enforcing their rights under this Agreement, or seek such otherremedies orreiief as may be available to him or her. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default ofthe same or similar nature. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSE. Ifanyterm, 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, 10 ,~ ,- \ ' " " "'"'''''''''''"''''' ,."...' .. ,'", "~ . j,'", -;, ."..", """..\.'.' '~~.",^,.'" ,,~," " ,,'., ,~",,",-' ~,,' . ~, ..."d ~ ,,'.c ,._ 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. 27. ENTRY AS PART OF THE DECREE. Husband has initiated an action in divorce under Section 3301 (c) or 330 1 (d) ofthe Pennsylvania Domestic Relations Code, filed in Cumberland County to No. 01-6621. It is the intention ofthe parties that the within Agreement shall survive the aforementioned action for divorce, and that no order,judgment or decree, temporary or interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. Both parties agree to execute Affidavits of Consent for the purpose of entry of a Divorce Decree under Section 3301 ( c) of the Pennsylvania Domestic Relations Code. This Agreement shall be made part of any such judgment or decree of final divorce, but shall not be merged therein. Husband agrees to provide to Wife, at his expense, a certified copy of the final Decree in Divorce. 28. VOLUNTARY EXECUTION. Husband and Wife both acknowledge that Carl G. Wass, Esquire, has served as legal counsel to Husband, solely, in connection with the pending divorce action and in the preparation of this Marriage Settlement Agreement, the negotiation of which Agreement has been privately conducted by the parties and to which they have privately agreed. Wife acknowledges that she received a copy of this Agreement prior to her signing thereof, and acknowledges that a copy thereof was provided to her and she was given the opportunity to, and encourage to, discuss and review the terms thereof with any attorney of her choosing. Wife has chosen not to secure legal counsel. Both parties do acknowledge and declare that each does understand the full legal effect of this Agreement, especially with regard to the fairness and equitable 11 :::;rr,y,,'" . " """":~''''!<q:::-'>;,\~;"::"",~!-."",i''.;,''!,~;,~,,",,,'''-':' ,,,'1'" "' ",,~J"" I -- ," ; '" ' ,~;~ '~~",F " r, ' ~'f' . '". nature of the distribution of marital property between them and the waiver of spousal support and/or alimony payments provided in this Agreement. Both parties acknowledge that their execution of this Agreement has been done voluntarily and knowingly and that their execution is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS; ~", ~ ~<Ul !)A~ f~ Brian E. Hoffman I 7 - - I" l )- ~ . .'41'V---- , helma J. 0 an I go -50 -0/9 f 12 ~~~~l,,:<,__ ~"'. -;' "i',''t',r[-,~,,,,!:1'i','''f.'~-'f.?<''''''''~~~,,-,",>,,~ '" '. [,_ C ,~7," ~,,,. .,"'=~","., ';".-',' ~', , '.",' ':f "" AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTYOF~: On this, the OJ?!:!'u day of ~.. ~rr- ,2002, before me, a Notary Public, the undersigned officer, personally appeared BMAN E. HOFFMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~J q~~~) otary Publ1c NOTARIAL SEAL FAY L. POTTEIGER, Notary PublIc Harrisburg, Dauphin County My Commission Expires July 1, 2003 "~,~~,~;t"" , ; ;~'''^'2"":,,",,,^-t;;-,'''i~'',,<BT,,foJ'''''' "',>' "":<<,,,," ,,-,",c,\ r"1 ",'",~,.".; ,,.,,, '-,,-', ,,,",1,- ,,,, ?,--".". "" '. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF Df/UM,,.} : On this, the c2 f+A day of r:~6R/JI'IR.V , 2002, before me, a Notary Public, the undersigned officer, personally appeared THELMA J. HOFFMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. b,V'~ NOTAAIAL SEAL NANCY L. BRESKl, Notary Public Harrisburg. Dauphin County My Commission expires March 16, 2004 34128 '~~, -" , , " ,~,,,,:" .q~""''':Yi>,,,;,,,,::,,,-,,;'''-:>~J-:',''-' ~~ c" :'" ~ 'I ,~, " "__' c,e, , i__,~ '. ".' ~" ~ i~ "" -, "",.- .. -~ ,,",-:,= ,~, " -,~~ ,"~, ,,_. ." ",<,I""",,", ..!II,..... ,e,.i<"'~W'."~;'iii '~",,""-'n' ~1{i'C,y-If:itlltif ""'rl""r'1'm'''l.rlilll~"'t -"tn" " .,.,", ,,",".. , """"~,=,,,,,,,,,,.,,~!'!'11,.t!y, /JJr,~H}1f~~Wq~,Itf.T, o c: :~= Q)f~ :::::::"",.1 t6 ~~" -< -~-.- r;: r.: ~8 :Joe:: ::?~ _'::',1 ~~ ~=> r"..J o .";'1 ~:\: "~," -- -p ;-0 , (Jl ~~, l>) ';:') S;" ,- (,)'t ...,J -<': """~!!!!"" ",I.-,l.PI.,~,III~ . ",1,!fj,~ IN THE COURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6621 CIVIL BRIAN E. HOFFMAN, Plaintiff CIVIL ACTION LAW vs, THELMA J. HOFFMAN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information; to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) -33@1--(eH-1-} of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: December 3, 2001, bv Acceptance of Service by Defendant. 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff March 4, 2002 by the defendant March 4, 2002 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code See WaiverR attar.hen. aintiff;n~NK ~~~\... 'S, ~~ ~ ; i:'''~'"~'''~~~~.,~,~.f"""" ~ , ..- ~'~-"~"""''"'1 -'^.~~~.- -~=._.~~ ""'" .,,,,....'v' l.IIiIit :J1IR~ ~!litl~,l,~->>'Wf.""'S"'>l~~,-;--~,,,,,,~.,=,.c . .,," &,JfJ@:~~,m'F"s": 0 0 0 C N --n -~ ::". :; U co > m p'~ ;;:;) -;"1 Z :C': F :ZC;~,: :-TI ~:2: 01 ..., ",",," r:::: C.::-' :...~ C) "- -y:.' or"' ~T, );....... 0 ~~~~ Z (:) )> '!? ~-oc:::rn C ~ Z .~ :~ --j :0 -" CO -~ "'j ""';"F;.-<';''''1'I:jil!rj~.i4~'~~~~~:r~Jil,n(r.Vilr:.:'; BRIAN E. HOFFMAN, Plaintiff IN THE COURTOF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. () 1- (P(fl~' Chr; \ CIVIL ACTION - LAW IN DIVORCE THELMA J. HOFFMAN, Defendant 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 and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 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, PA 17013 (717) 249-3166 !'!h", '>',' ' -" J;''','-''''',51.,~"",~,-",.<",~ ,.__" ",",,--r".~ ,d,", ,'; '"'I" "", .","_," ' ,~,'_ ~,"""., ,~, '" _,'. , "",< . -.....,,,,. . ~~, " ^, BRIAN E. HOFFMAN, Plaintiff IN THE= COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. THELMAJ.HOFFMAN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted Debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas o sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa a visa 0 notificacion, y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA YA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ;;1~i$[,-~~,,-- ."C",~, 'J('c."'"., ">',";I"<","",~,,,eM",;,',: 0" ,.r'~: "''':C:',",c'",!" ,.~""",__,",'>'>',__ ",to-" ,~,__, , ~",,__,~O" ", ., , """,--- ~?"~~ BRIAN E. HOFFMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. d 1- (0& ~I tiv 1\ THELMA J. HOFFMAN, Defendant : CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301 (c) OR 3301(d) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Brian E. Hoffman, an adult individual who resides at 1200 Yverdon Drive, Camp Hill (East Pennsboro Township), Cumberland County, Pennsylvania 17011. 2. Defendant is Thelma J. Hoffman, an adult individual who resides at 6305 Locust Lane, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania, 17050. 3. Both the Plaintiff and the Defendant have been bona fide residents of 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 18, 1 991 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Defendant is not a member of the armed forces of the United States or any of its allies. 7. The Plaintiff avers that the marriage is irretrievably broken. <:~:'~"- "C--"'f"','?-~'>?~'~;r"i'}',"-'; ,0",. ,~' ,'" ;"1' -, ["..0'"',,,"',,\,,, <"'~'_''''-~ 'r'~c-- . , ,~~"'" c' __ '" ~,'h,_.,,"""','. ~,~," ^' , .. 8. 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. The Plaintiff does not desire counseling. 9. Plaintiff avers that there are two children of the parties under the age of 18, to wit: Emily N. Hoffman, born July 17, 1993, and Jacob A. Hoffman, born June 9, 1997. 10. Plaintiff requests the Court to enter a Decree of Divorce. Respectfully submitted, CALDWELL & KEARNS Date: ~l3"\) ?...,. '7 (l() \ 01-648/32808 ' By ~u.A Carl G. Wass, Es Ire I D# 07268 3631 North F rant Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Brian E. Hoffman !'G~S:\"T',: c "':~ "':' 'ii", "~'\~"~~"""~','\~ ,-'-<::", ,",",,~ ';:'_ '" ',.. + ." ~'. 'c' ,~,. "", ' "",.-" .." ," .. . ~. ,-', .., VERIFICATION I, Brian E. Hoffman, verify that the averments in the foregoing Divorce Complaint 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. BY.~f/~- Brian E. Hoffman . )._:~~'~ "", >' '""?,:,~,, /,~, ,"'~" ,oc-.":,,,,,,,,,,<,>C,~'~f,,~'-" ,,', '1": I' , '~--'''''''' ""--'-~",., -~ ',,- 1 0'"'''' ..n <-- , ". ,'",' ", ,"" ,'~'" ^ . ~ ~" .-, ~-< ~.. ~~ ~l E? ~_..> , "'"""-~ ~ s ~ --<~ ~ ~ ~. ~ ~ ~ ~ ...,. ...~.,..-,.,..~~.,".' ',..'., ".. .....,..."~"....,,"...,,..,,''''''''0.'"''..,. . ,I.!!!!' .~"",-~ "",,,~, _.. .""'-0',,","" ' _.. /o'<'<lCl~.;'k'" -'_C " pj" '~,,-~,e.-,-_ 'l"~U" (") r" ~~ (J) " f''0 r:-:::: <"" );:;; ~f~? e;; ::< c:::> ,.... '''lI'lfYrr:~1lt--j''f'r1'' ~~ :~:." -'~ , ,--..:. ~~:: S) c:;'l ~~~.~i =<: ~9 ;~,!jj!~~'lW'!'~ ' , ",': '""",,~.'.:~JlmQf:l~ ,-.:",,,,,,,,.-:~:,,_,H:t,~ , :,,:,,:;,~~~R~,:TIITm~ , ~ , . . .. , BRIAN E. HOFFMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-6621 THELMA J. HOFFMAN, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE' I do hereby accept service of and acknowledge receipt of a copy of the Complaint in Divorce in the above case, Date: MuJlh);.iA.<-jr?M dd1 9f/f3 t/! jJJrfLI~ . '~.-f'--.- Thelma J. ~an 33031 '>r,..". ,__,-','~~ :~~;\"~':'''';c'''fro';':",:l'>;'''n_;,,'~' ',",", ",",' , 'r ," ,';,e'"" , ~"'~,' -- , 1 ',' ''--, "",'r"," . '0'.' , ~""f' ",-,""~;'1",'~'~-'".,,,,,,,,""" ", ~~'k ,>'_ ,_., , _,,~,. "~,""",,.,,,~,.<co ,CO"', ~,' ,'''__~, '_','~''Rd'~',' ,,__~ < '"=-'" - ,,,. ~~ '~r.__"", ~"~',.' ".~,"'''~' ,_~o ~ ~.' '. , C> ();)- ::t:: r-, P () ~~rr )~ '- , ~i:i }( ~ Qz:-:' o 1-,.. g 'i? t ~2 - ~:; o -< o G" ;:") c::; 'L,"} '=) (n .' Ew fJr I ,J,L':':':J ,~, '-.',,,,r,;t",:<:,,;;,sW..,'c' ,~~' (.<' i!_,,,.T.~~~j~2t.;~,__~r\1l?""M~B~'f>!~~~),~~~ ,,:~:,,'":r,~t~J!:l!!i!,~~il~~J,fit~~~ .. ~.. BRIAN E. HOFFMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-6621 THELMA J. HOFFMAN, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 27,2001. 2. Plaintiff acknowledges that a copy of the Complaint was served on the Defendant on December 3, 2001, by Acceptance of Service by the Defendant, Thelma J. Hoffman. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed, both from the date of the filing of the Complaint, and from the service of the Complaint. 4. I consent to the entry of a final Decree of Divorce without notice. 5. 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. 6. 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. '":;'~,~~~,,"r" "~f',~m, ""_",,,,,,__O'o~''''''',"'''~ ',O"",~,'I -, ","1-,", ';,,,~,t""-",~'" ';'("'"", ,.;'~:".,_ , ',', ',' ,,~.-" "" "" - -, ,-- , ' ,,,~' ,-, , ~''',. ,r..". ~ . 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. . I do not request that the Court require counseling. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: f1o./{//' 1 / OJ 1 <" cz~ Brian E. Hoffman, PI SS# 17y :f''6 ~ I ( ") 2- 36678 ::'i~~,~'-". ' ',~ ' :,"__'ffl!~-',,:,C'," """",,:'.::,~~f!!-?f";',f"':"",,,,:,,' "'I"" '0", , ,r,.~ ,~ ' .,"1,' '.'0"- ~ f 1RL" ., .- """ "' '"'""<, ""'., "," ,',",,' """ ,,,," @"---' 1i!lllJID'llI"r!rr'n~'r" . 0 c;; () C r'.J- ~n :.::.::. "- ---'~- -or:c :,:;,'" :2 fllf'," ;:el ~;F: '''7 !".,) (r);c: if; c '--~ -<~:.:- ~j(~~ '-:' U '"0 s:S C) -"'li~ ~:~~ ~IJ ;;;:;0 '-d CScn ):.'c: -"'-1 2.:; r. ~ =< (1\ "" ,'..."'"'" N J',1:'~.I,~", ~,)l ~""""', ~~ ,_ --,;_,'!j", " "'"-"'h"'''''"t,'O<, oo~,.]7'<''''"<'~~'-<' ~,!l,~,~.?"",~:;:,'7~~!liit~~~:=",~ll1~~~~~~~'/ Ou"~~ . '. BRIAN E. HOFFMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-6621 THELMA J. HOFFMAN, CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 27, 2001.. 2. Defendant acknowledges that a copy of the Complaint was served on December 3,2001, by Acceptance of Service by the Defendant, Thelma J. Hoffman. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed, both from the date of the filing of the Complaint, and from the service of the Complaint. 4. I consent to the entry of a final Decree of Divorce without notice. 5. 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. 6. 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!'!" ," -', ~', 't": ")X~:,O':' ,:',hf,'~"', >,"""" "< ,,"~o I :1' '. ," "'-"',,,,, ' "-', ',- ~ ., " , 1_ ",,", ',--'- ~"r'~ :;7 ~ . .. " 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated~1t (1-. ~:!(}J)... SS# 36679 !,;}~~lL",,,,,,"o, 'O>'w -- ",":<,:"-,,,+, ~-',.i")":,,, ,,; "--'~', ~ ,+ '.'.'1'- -. ", , ,,",,: -".:-,.<,,, -- - ,,- ~, -- ~'"'I.' '~,' -- ,-- .,'~~--" -- - ~~~ f - ,',~ ~'" .~~, ,,""'~'~,- '"^' ", , '"' """ ." 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