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HomeMy WebLinkAbout01-6281KIMBERLY M. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff ~ CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - Law : IN DIVORCE RONALD K. HOFFMAN : Defendant : 01 - ~n'_Q~. NOTICE TO DEFEND AND CLAIM RIGHT~ 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 against you and a decree in 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 with your children. When the grounds 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 249-3166 Sheellt ~s~~r Andrew ~. PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Marke% street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KIMBERLY M. HOFFMAN, Plaintiff VS. RONALD K. HOFFMAN De fendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - Law IN DIVORCE ol- G2SI COMPLAINT 1. Plaintiff is KIMBERLY M. HOFFMAN, an adult individual who currently resides at 633 Williams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is RONALD K. HOFFMAN, an adult individual who currently resides at 247 East Ridge Road, Lewisberry, York County, Pennsylvania, 17039. 3. Plaintiff and Defendant have been bona fida residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 4, 1997, in Annapolis, Maryland. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. 8. The marriage between the parties is irretrievably broken. 9. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to Plaintiff so as to render her condition intolerable and life burdensome. 10. This action is not collusive. 11. The parties separated on February 22, 2001. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. COUNT II - CUSTODY 12. Paragraphs 1 -12 of this Complaint are incorporated herein as if set forth at length. 13. Plaintiff seeks the entry of a custody order involving the minor child, SAMUEL ROBERT HOFFMAN, D.O.B. January 17, 2000. 14. The parties previously resided together and are the natural parents of the child. 15. During the past year, the child has resided with Plaintiff at 633 Williams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania. 16. No present custody order exists and Plaintiff has no knowledge of any other litigation concerning custody of the child in this or another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 2 17. 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. 18. An Order of Court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates for custodial purposes. 19. The best interests and permanent welfare of the child will be served by ordering that both parties share legal custody of the child and directing that Plaintiff have primary physical custody of the child because Plaintiff is a fit parent who can take care of the child and who can provide him with a supportive, safe and healthy environment. 20. Plaintiff is capable of insuring a supportive and loving environment for the child, a home with appropriate lodging and insuring that the child is afforded proper care. WHEREFORE, KIMBERLY M. HOFFMAN, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff legal custody and which grants Plaintiff primary physical custody of the child. Date: November~, 2001 Andrew C. Sheely, Esquire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 3 VERIFICATION I verify that the statements made in this Complaint for Divorce and Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 2' 2001 KIMBERLY M. HOFFMAN PLAIN TII~'F V. RONALD K. HOFFMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA : 01-6281 CIVIL ACTION LAW : : 1N CUSTODY AND NOW, Wednesday, November 14, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Bill, PA 17011 on Tuesday, December 11, 2001 at 1:00 PM 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 ora 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 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greovy. Esq. Custody Conciliator of Cumberland County is required by law to comply with the Americans The Court of Common Pleas 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 HAVE AN ATTORNEY 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 Telephone (717) 249-3166 FILED~FtCE 01 NOV 1,5 AH ~0; 35 CUMBzRL~D COUNTY PENNSYLVANIA KIMBEBLY M. HOFFMAN, Plaintiff VS · RONALD K. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01-6285 CIVIL TERM : IN DIVORCE CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into this 10" day of DECEMBER, 2001, by and between Kimberly M. Hoffman, Plaintiff, (hereinafter referred to as "Mother") and Ronald K. Hoffman, Defendant, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Samuel Robert Hoffman, D.O.B. January 17, 2000., (hereinafter referred to as the "child"); and WHEREAS, Mother is the natural mother of the aforenamed child and Father is the natural father of the aforenamed child; and WHEREAS, the parties live in separate residences and are currently separated; and WHEREAS, the parties wish to enter into an Agreement and Stipula- tion relative to custody and partial custody of the child; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: (1) Mother and Father shall have shared legal custody of the child, meaning that both parents shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's well being including, but not limited to all decisions regarding her health, education and religion. Pursuant to the terms of this Agreement, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information, as avail- able. To the extent one parent has possession or control of such re- cords, that parent shall be required to share the same or copies thereof with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. In the child requires a major medical procedure or medical appointment for a signifi- cant illness, the Mother shall notify the Father fourteen (14) days in advance, or as soon as the Father himself receives notice. (2) Father and Mother agree that Mother shall have primary physi- cal custody of the child in accordance with the terms of this Agreement. (3) Mother and Father agree that Father shall have periods of partial physical custody on the following basis: (a) On every other weekend, commencing on Friday after Father's work's but not later than 5:30 p.m. and continuing through Sunday evening at 6:00 p.m.; and (b) During the off-week, on Monday and Thursday evenings which are currently nights when Mother is not working, from after Father's work but not later than 5:30 p.m. and continuing through such evening until 7:30 p.m.; and (c) On Christmas Day, beginning at 3:00 p.m. on Christmas Day and continuing until 7:30 p.m. on Christmas Day; and 2 (d) During the Thanksgiving Holiday, beginning at 3:00 p.m. on Thanksgiving Day and continuing until 7:30 p.m. the day after Thanksgiving Day; and (e) During the Easter Holiday, beginning at 1:00 p.m. on Easter Day and continuing until 7:30 p.m. on Easter Day; and (f) On New Years Eve, beginning at 10:00 a.m. on New Years Eve and continuing until 7:30 p.m. on New Year's Eve; and (g) In addition to the dates and times set forth above, the child shall always spend Mother's Day with Mother and Father's Day with Father. Mother and Father agree that custody with child shall commence at 9:00 a.m. and end at 7:30 p.m. on such day. (h) And any other times as the parties may agree. (4) Father shall provide transportation for pick-ups and drop-offs. (5) The parties will keep each other immediately advised to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is always protected. The parties shall provide each other with all home and work telephone numbers, as well as current addresses for the residence of the child. (6) Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. (7) Mother and Father agree that each shall communicate to each other through one-another whenever possible in accordance with the terms set forth in this Agreement and that they shall not use child as a liaison to communicate with each other as to oral modifications of this Agreement and Stipulation. (8) Any modification or waiver of any of the provisions of this shall be effective only if made in writing and only if executed with the same formality as this Agreement and Stipulation. In the event any Court deems this Agreement and Stipulation unenforceable due to changed or unforseen circumstances, such decision shall have no effect on the remaining portions of the Agreement and Stipulation. (9) Neither party shall use or be in possession of any illegal substances during any period of custody contact and neither party shall use or consume excessive amounts of alcohol during any period of custody with the child. Further, both parties shall ensure that, during his or her period of custody, that the child is not exposed to third parties who may be using, selling or possessing illegal drugs or consuming excessive alcohol. (10) The parties agree that any Court of competent jurisdiction may enforce or modify relevant portions of this Agreement and Stipulation. The parties further acknowledge that either party may petition any Court with appropriate jurisdiction over the child should circumstances change and either party desire modification of this Agreement and Stipulation. (11) This Agreement and Stipulation shall be construed under the laws of the Commonwealth of Pennsylvania. (12) Father and Mother acknowledge that Andrew C. Sheely, Esquire, is counsel for Mother and that Father is presently unrepresented. The parties further acknowledge that they fully understand the legal effect of the within Stipulation and Agreement and have fully reviewed the same in its entirety prior to execution of this Stipulation and Agreement. Furthermore, both parties acknowledge that their execution of this Agree- ment and Stipulation has been done voluntarily and knowingly and that their execution is not the result of any duress, undue influence, fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (13) Both parties agree that an Order of Court shall be entered which incorporates the terms of this Stipulation and Agreement. Not- withstanding such Order of Court, the parties may, by mutual consent, modify the terms of this Agreement. In the absence of mutual consent, the terms of this Stipulation and Agreement shall control. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: Kimb~r/M. ~o~f~' ~ (SEAL) Ronald K. Hoff~a~ 5 KIMBERLY M. HOFFMAN, Plaintiff us. RONALD K. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 01-628~ CIVIL TERM : : IN DIVORCE ORDER OF COURT AND NOW, this ~ day of __~ , 2001, the attached Stipulation and Agreement is hereby incorporated as an Order of Court. Andrew C. Sheely, Esquire Attorney for Plaintiff Ronald K. Hoffman, Pro se Defendant JAN 0 3 ~ j~ KIMBERLY M. HOFFMAN, Plaintiff VS, RONALD K, HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6281 CIVIL ACTION - LAW CUSTODY ORDER TO RELINQUISH JURISDICTIO~ AND NOW, this ~/~'~ day of December, 2001, the Conciliator, having been notified by counsel for Plaintiff that the parties have fully executed a Stipulation for Custody, hereby relinquishes jurisdiction of the above-referenced custody matter. FOR THE COURT, cuelsi~c~dayPceoe~cGrraeteo~Y, Eso~e CUMS~-iLA',',iD COUl',,q"( ?ENNSYLVANIA Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KIMBERLY M. HOFFMAN, Plaintiff VS. RONALD K. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-6280 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 2, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: Marc~ 14, 2002 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KIMBERLY M. HOFFMAN, Plaintiff vs. RONALD K. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-6280 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 2, 2001. I acknowledge that I received a copy of the divorce complaint on November 16, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ' ~a'r~C~ 14, 2002 Ronald K.F~of fman Andrew C. Sheely, Esquire 127 S. Market Stree% P.O. BOX 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KIMBERLY M. HOFFMAN, Plaintiff VS. RONALD K. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01-6280 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (C) OF THE DIVORCE CODF, 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 decree 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 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: March 14, 2002 i ~t~ Andrew C. Sheely, Esquire 127 S. Market Street P,O. Box 95 Meohanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KIMBERLY M. HOFFMAN, Plaintiff vs. RONALD K. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-6280 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (C) OF THE DIVORCE COD~ 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 decree 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 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE:' March 14, 2002 Ronald' K. H6~fm~ KIMBERLY M. HOFFMAN, Plaintiff VS. RONALD K. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-6280 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Certified Mail, Acceptance of Service November 16, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the Pennsylvania Divorce Code: by Plaintiff on March 14, 2002 and by Defendant on March 14, 2002. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: Not applicable: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Not ~. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not applicable (b) Date Plaintiff's Waiver of Notice in Section 3301 (C) was filed with the Prothonotary. March 22, 2002 Date Defendant's Waiver of Notice in Section 3301 (C) Divorce was filed with the Prothonotary. March 22 2002 Andrew C. Sheely, quire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBeRLAND COUNTY KIMBERLY M. HOFFMAN, PLAINTIFF VERSUS RONALD K. HOFFMAN, DEFENDANT AND NOW, DECREED THAT AND STATE OF ~ DECREE IN DIVORCE PENNA. NO. 01-6281 ,7~~, IT IS ORDERED AND ,PLAINTIFf, ,DEFENDANT, EIHBERLY H. HOFFMAN RONALD K. HOFFMAN 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