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HomeMy WebLinkAbout04-1005 JEFFREY S. HOFFMAN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 04 - 1005 C!,u'LL ~EIL~ CNIL ACTION - LAW IN DNORCE HEIDI R. HOFFMAN Defendant NOTICE TO DEFEND AND CLAIM RIGHTS TO: HEIDI R. HOFFMAN 662-A Market Street Lemoyne, P A 17043 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. 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 Perry County Courthouse, Center Square, New Bloomfield, Pennsylvania 17068. 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (800) 990-9108 or 249-3166 or MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (800) 833-5288 or 243-9400 299427-} JEFFREY S. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01.{- loo.s (};ulL'T~ HEIDI R. HOFFMAN Defendant CNIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff, JEFFREY S. HOFFMAN, is an adult individual residing at 9 East Willow Terrace, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, HEIDI R. HOFFMAN, is an adult individual residing at 662-A Market Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the commencement of this action. 4. The Plaintiff and Defendant were married on September 6, 1997 in Dillsburg, York County, Pennsylvania. The Plaintiff and Defendant separated on January 1, 2004. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The Plaintiff avers that the marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marital counseling and that either party has the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire the Court to require the parties to participate in counseling. 8. Neither the Plaintiff nor the Defendant is in the military service of the United States or its allies within the provisions ofthe Soldier's and Sailor's Civil Relief Act of 1940, as amended. 299427.J 9. There are no children born ofthis marriage. COUNT I Equitable Distribution 10. The averments of Paragraphs 1-9 hereof are incorporated herein by reference. 11. The Plaintiff and the Defendant have legally and officially acquired property, both real and personal, during the course of their marriage until the date of their separation, all of which property is "marital property." 12. The Plaintiff and/or the Defendant have acquired, prior to their marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and/or subsequent to its acquisition during the marriage, which said increase in value is "marital property." 13. The Plaintiff and the Defendant have been unable to agree as to an equitable distribution of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce, to equitably divide all marital property, and to enter any such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB By: ~~ ~ J es iF. Carl, Esquire At orney LD. No. 01616 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff JEFFREY S. HOFFMAN Date: March;2.., 2004 299427-1 VERIFICATION I, JEFFREY S. HOFFMAN, do hereby verify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: ({/Q 7/0'1 299427-1 CERTIFICATE OF SERVICE I, James F. Carl, Esquire, attorney for the Claimant, do hereby certify that on the date set forth below, I did serve a true and correct copy of the Complaint In Divorce upon the following persons at the following addresses indicated below by sending same in the United States mail, fIrst-class, postage prepaid, at Harrisburg, Pennsylvania, which service satisfies the requirements of Special Rule of Administrative Practice and Procedure Before Judges Section 131.11: HEIDI R. HOFFMAN 662-A Market Street Lemoyne, PA 17043 Defendant METZGER, WICKERSHAM, KNAUSS & ERE, P.c. ~E~ QJ JJJ;;;~ ~arl, Esquire Attorney LD. No. 01616 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff Jeffrey S. Hoffman Date: March 2. , 2004 299427-J (:) ~l( -- '-.J ..t:: f'- ~CIl ~r: '"""V (1 ""e. ~ ~lU~ 009 . . ~ 0 V) OOD' f rr~ J-r- ~ ~ 0 n c.:.:> -1) t.: ..r- ._~I -~.: -r T1 '"'";;,. f':11r=- ::."t:J -Of"" 6 ~36 -~ G~ ~ e'j'" L.} ---.i , . N :.:~ -<. (..) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. HOFFMAN, v. NO. 04-1005 CIVIL TERM Defendant CNIL ACTION - LAW IN DIVORCE HEIDI R. HOFFMAN, AFFIDAVIT OF SERVICE I, James F. Carl, Esquire, counsel for Plaintiff, Jeffrey S. Hoffinan, in the above captioned action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Heidi R. Hoffinan, on March 5, 2004, by certified mail, return receipt requested. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is the return receipt card for said service. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY~: J.x C..J./ mes F. Carl, EsqUlre Attorney LD. No. 01616 P.O, Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: C / cy J oS- I / 329505-1 " . .. SENDER: COMPLETE THI'-. :,t ("'TION . . . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: rleidi R. Hoffman 662-A Market Street Lemoyne, PA 17043 )fC/ 2. Article Number (fransfer from service label) PS Form 3811, August 2001 Exhibit A D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type IX Certified Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise [J"lnsured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7003 3110 0002 992~ 2551 Domestic Return Receipt 102595-02-M-1540 --------- (') ~; ......~ = = c.J1 <- S .....L:- ~ --' :r:.., n1r= -011 -6 c: q( ......, - -t,. '" 7'5- ~-,. ( ~~...... r ,,~ ~l ?i5 :< w ~ ::: 9 Ul \D ---- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. HOFFMAN, v. NO. 04-1005 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE HEIDI R. HOFFMAN, A}'FIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 8, 2004, and served upon Defendant on March 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice ofIntention '-#" 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 1 8 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: /;'/~/~5 trn~1ioZ!~ ) 329466-1 c) .";1 (j'\ ~ ;..:.1 t...5 .-< Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. HOFFMAN, v. NO. 04-1005 CIVIL TERM Defendant CNIL ACTION - LAW IN DIVORCE HEIDI R. HOFFMAN, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301 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 c.laim 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 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Dated: /cl{/3,/{)!5 ~LJdl () 1l~()~ ) Heidi R. Hoffman 329468-1 :;A (_.-~ <:---- (.j" ~.,,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. HOFFMAN, v. NO. 04-1005 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE HEIDl R. HOFFMAN, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on March 8, 2004, and served upon Defendant on March 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. 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. S 4904 relating to unsworn falsification to authorities. Dated: /c?/~()~tf' J~I ;t. 329466-1 (. C) -'1 --I . r~ di I c..r~ "", JEFFREY S. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1005 CIVIL TERM HEIDI R. HOFFMAN, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER !l3301 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Dated: / dPO/CJ..) ~#y~ Je~. offman ' 329468-} r, (-) --it ",:j ;'~il ; ~: U' ,.~ , 7'''' r...:; .\ ' CYI- /Cx$ e.ic.>i ~k'1 MAJUTALSETTLEMENTAGREEMENT THIS AGREEMENT, made this 2/J:it..Jdayof D~-L,.../ ,2005, by and between JEFFREY S. HOFFMAN (hereinafter "Husband") of 9 East Willow Terrace, Mechanicsburg, Cumberland County, Pennsylvania, 17050, and HEIDI R. HOFFMAN (hereinafter "Wife") of20-A West Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on September 6, 1997, in Dillsburg, York County, Pennsylvania; and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 04-1005 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate. NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties 329369 .; acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WANER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow'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 - 2 - 329369 surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties own as tenants by the entireties improved real property situated at 9 East Willow Terrace, Silver Spring Township, Cumberland County, Pennsylvania ("marital residence") and an unimproved lot situated at 7 East Willow Terrace, Silver Spring Township, Cumberland County, Pennsylvania. In consideration of the mutual promises of the parties, it is agreed as follows: (a) Within ninety (90) days of the date of signing this Agreement, Husband and Wife agree to transfer all of their right, title, and interest in the marital residence to Husband; (b) Husband will assume sole responsibility for the payment of all mortgage, taxes, insurance, upkeep, and related expenses for the property from and after the date of the transfer. 5. DNISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the - 3 - 329369 " sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 6. MOTOR VEHICLES Husband and wife shall retain sole and exclusive ownership of the vehicles in their possession. Husband and Wife agree to executed, within ninety (90) days of the date of this Agreement, any and all forms, titles, and documents necessary to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marnage. Any debts or obligations incurred by either party in hislher individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce, and forever abandon all of their right, title, interest, or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's employment or otherwise, and hereafter the pension/retirement/profit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carried. -4- 329369 ,'. , 9. DNISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. - 5 - 329369 13. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of hislher own counsel fees and expenses. 14. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution ofthis Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 15. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions ofthe Divorce Code of 1980, as amended. l6. EFFECT OF DNORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided m Section 3105(c), proVISIOns of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. - 6 - 329369 17. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 18. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect ofthis Agreement. 19. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. lf 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. 20. AGREEMENT BINDING ON HEIRS This Agreement shan be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 21. 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, warranties, covenants, or promises other than those expressly set forth in this Agreement. - 7 - 329369 : 22. MODIFICATION OR WANER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 23. NO WANER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 24. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 25. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifical1y under the Divorce Code of 1980, as amended. 26. ATTORNEYS' FEES FOR ENFORCEMENT lf either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. - 8- 329369 '/ IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: ~;r;CP 'S!~;~~J - 9 - 329369 . , , COMMONWEALTH OF PENNSYL VANIA COUNTY OF ~~V\.~.(\ 55 On this, theJ'f'day oflliill'\'tbt( ,2005, before me, the undersigned officer, personally appeared Jeffrey S. Hoffman, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. /;:."'''1\' ,.):,,; ,,':., ******************************************************************************* COMMONWEALTH OF PENNSYLVANIA COUNTY OF (uA/\b:;--g,LA,JP 55 On this, the E5!!. day of)2;Ct,,"lBfh , 2005, before me, the undersigned officer, personally appeared Heidi R. Hoffman, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ",/-- NOWIW.IIAL STAaY l HOWE Nolory PubIc IWMllEN 1WP. CUMlERlANO COUNlY My CommIUIon ElcpIleS Jun 22. 2009 CULL 329369 ,..~" .""""'00 ~tW'';ll . "''IA'.t' ,-" ,'1:..> ,,,',i :;,1.:,' -..-.......- .),/.,,- n1"J~M~H 'f'li-'-'" i;'M , , , ('0) -;, , '.,\ --1'1 L'1 (....; ..< Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. HOFFMAN, v. NO. 04-1005 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE HEIDI R. HOFFMAN, 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. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on March 8, 2004, and served on Defendant on March 5, 2004. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent required by Section 330l(c) of the Divorce Code: Plaintiff: Defendant: Executed December 20,2005; filed January 5, 2006 Executed December 8,2005; filed January 5,2006 (b)(l) Date of execution of Plaintiffs Affidavit required by Section 330l(d) of the Divorce Code: NA (2) Date of filing and service ofthe Plaintiffs Affidavit upon the respondent: Filing: NA Service: NA 344357-/ Dated: 344357-1 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All (d) State whether any written agreement is to be incorporated into the Divorce Decree: Marital Settlement Agreement which was filed with the Prothonotary on January 5, 2006. 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(l)(i) of the Divorce Code: Service: NA (b) Date Plaintiffs Waiver of Notice in S330l(c) Divorce was filed with the Prothonotary: January 5, 2006 Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: January 5, 2006 \fETZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~~./ICJ/ J es F. Carl, Esquire Attorney J.D. No. 01616 P.O. Box 5300 Harrisburg, PA 17110-0300 (7l7) 238-8187 Attorneys for Plaintiff () d 05) 2.(JOC f ( Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. HOFFMAN, v. NO. 04-1005 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE HEIDIR. HOFFMAN, CERTIFICATE OF SERVICE AND NOW, this S1tJ day of January, 2006, I, James F. Carl, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Jeffrey S. Hoffman, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Linda A. Clotfelter, Esquire Law Firm of Linda A. Clotfelter 5021 E. Trindle Rd., Suite 100 Mechanicsburg, P A l7050 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY~ /~C-G es F. Carl 344357-1 , , \",J -n ::::1 r-i~ r,i"i - . r:::J - "+- vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1005 CIVIL TERM JEFFREY S. HOFFMAN, Plaintiff HEIDI R. HOFFMAN, Defendant : CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME Notice is hereby given that, Defendant in the above-captioned divorce proceeding, HEIDI R. HOFFMAN, hereby elects to resume her prior name of HEIDI R. GATES, and gives this written notice of her intention in accordance with the provisions of 54 Pa. C.S. ~ 704. \ f/;.Idl"/(~ofi;) HEIDI R. GATES (Current name to be known as) :fl1:H~~ ) (Former name prior to this Notice) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the ~ day of ~ A NU A~l-l , 2006, before me, the undersigned officer, personally appeared HEIDI R. GATES (formerly known as Heidi R. Hoffman), satisfactorily proven to be the person whose name is subscribed to the foregoing document and acknowledged that she has executed the same for the uses and purposes therein contained, as her own free act and deed by signing her name thereto. IN WITNESS WHEREOF, I hereunto set my name and official seal the day and year first above written. NOWlIAl SEAl. STACEY l HOWIE Notary Public HAMPDEN 1WP. CUMBERlAND COUNlY My CommIuIOn Expires Jun 22. 2009 ~~_:l "1\ ~ n ~ ~"..... . ~ '" \: 0 --0 -'" r>>-- " --- )...) -w (::) c') 'it) ~ '"'='> ..c: <> ~ s-- +- -\-:7 L ~ "\ \~ \ ~. ,~\",:;I ,>V ': . ~ ,.1 ( --------- - 1 . "'J ,-,.,,,,,,. .' .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . :ti :to+. :to :f :+; :ti +.+.:+;+.~+.+.+.+.+'+..~ ~+~~ . .. . . . .. . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY JEFFREY S. HOFFMAN PENNA, STATE OF No, 04-1005 Plaintiff VERSUS HEIDI R. HOFFMAN Defendant DECREE IN DIVORCE ;'2.5)-.12.>/ /I 2.006, IT IS ORDERED AND AND NOW, JEFFREY S. HOFFMAN DECREED THAT , PLAINTIFF, AN D HEIDI R. HOFFMAN , DEFENDANT, AHE 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 YE:T BEEN ENTERED; NONE. By THE c::O~. ~If. ) I ,,-"'. '-'-;? (' ATIt T~ . ~ <::' ~ PROTHONOTARY . . . . . . . . . . . . , :+'+ ~ '+':+';t: + . _.~ ,-- . . . .. . .. ... :t'~++ ~+++++ ... ... ~~++~+~++~~ . ++.:+'+.~++.+.+~ ++~++~+ . . . . . . . . . . . . . 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