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HomeMy WebLinkAbout08-3810 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. d 3 l q Cut, J- . CIVIL ACTION - LAW IN DIVORCE 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 t LITAOM & LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Cq. CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Timothy D. Hoffman, who currently resides at 35 Chelsea Lane, Carlisle Cumberland County, Pennsylvania. 2. Defendant is Lori A. Hoffman, who currently resides at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 3, 2004 at Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §§ 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since June 27, 2008, and continue to do so. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from April 3, 2004, until June 27, 20083 the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, AaOM& KUTULA"S, L.L.P. DATE 2,1 D 4M, Kara W. Haggerty, Esq ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint VERIFICATION I, Timothy D. Hoffman, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date 4 4Z-7/9!??L- , T ity . Hofman w. J Er G eh ?-, ^ ' _ John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE PETITION RAISING ECONOMIC CLAIMS AND NOW, comes the Defendant, Lori A. Hoffinan, by and through her attorney, John J. Connelly, Jr., Esquire, and James, Smith, Dietterick & Connelly, LLP, and files the following Petition Raising Additional Claims: COUNTI CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 1. Defendant lacks sufficient property and income to provide for her reasonable needs. Defendant requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. Plaintiff is financially able to provide for the reasonable needs of the Defendant. COUNT II CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 2. Defendant does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 3. Plaintiff is full and well able to pay Defendant alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Defendant requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; C. directing the Plaintiff to pay alimony to Defendant; d. directing the Plaintiff to pay alimony pendente lite, Defendant's counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: Q By: Attorneys for Defendant Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, Lori A. Hoffman, verify that the statements made in the foregoing pleading 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: - - g( Loh A. Hoffman TIMOTHY D. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-3810 LORI A. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant, Lori A. Hoffman, hereby certify that I have served a copy of the foregoing Petition Raising Economic Issues on the following on the date and in the manner indicated below: VIA U.S. MAIL. FIRST CLASS. PRE-PAID Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013-3306 Dated: " g - o g By: VC§ elly, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Jr. #15 15 P.O. BOX 650 Hershey, PA 17033-0650 (717) 533-3280 0 Attorneys for Defendant, Lori A. Hofftnan V / ? J r - ^^ (Y w U F Ca , C` John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3910 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE CONFERENCE AND NOW, comes the Defendant, Lori A. Hoffman, by and through her counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and petitions this Court for the scheduling of an alimony pendente lite conference and in support thereof respectfully represents as follows: The Defendant filed a Petition raising economic claims in the above-captioned matter in which a claim for alimony pendente lite was raised. See attached Petition marked as Exhibit "A". 2. On July 11, 2008, the Defendant filed a Petition for Spousal Support with the Domestic Relations Office at PACSES Case No. 764110160. The Defendant is requesting that the alimony pendente lite conference be scheduled at the same time the support conference is scheduled in this matter. WHEREFORE, the Defendant requests that the Court direct that an alimony pendente lite conference be scheduled. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: It D,?> C?-?GE- - ?- V- . By: o J. Co elly, Jr., #1561 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant VERIFICATION I, Lori A. Hoffman, verify that the statements made in the foregoing pleading 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: 7 Lon A. Hoffman TIMOTHY D. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-3810 LORI A. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant, Lori A. Hoffman, hereby certify that I have served a copy of the foregoing Petition for Alimony Pendente Lite Conference on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013-3306 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: -7 By: ohn . Co elly, Jr. tt e #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Lori A. Hoffman ?'-"r? ?' ca .r „ t ?: i .. :-? ?. ? c? d :.?. v Aulom & LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. ( 3 ?/ 6 LORI A. HOFFMAN, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this -"day of , 2008, I, LORI A. HOFFMAN, hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter. Ul??• L A. HO MA c-n 0 20M OM CSC' KU TAB Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT 1. Plaintiff is Timothy D. Hoffman, who currently resides at 35 Chelsea Lane, Carlisle Cumberland County, Pennsylvania. 2. Defendant is Lori A. Hoffman, who currently resides at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff files this Amended Complaint to allege the following additional counts: COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 4. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 5. Plaintiff requires reasonable support to maintain himself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS Plaintiff has retained the law offices of ABOM & KUTULAKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 7. Plaintiff may need to hire experts to appraise the marital property but he lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. D ATE D III O(/ Respectfully submitted, ABOM & KUTULAKis; L.L.P. i Kara W. Haggerty, Esq ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintff VERIFICATION I, Timothy D. Hoffman, verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. l 1-7/0 Date Timoth . Hoffin CERTIFICATE OF SERVICE AND NOW this da of July, 2008, I, Kara W. Haggerty, Esquire of ABOM & y KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Amended Complaint by First Class U.S. Mail addressed to the following: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033-0650 A? - c-D ft C ?'r . -. OM & Ki uLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. LORI A. HOFFMAN, Defendant NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE CONFERENCE AND NOW, comes the Plaintiff, Timothy D. Hoffman, by and through his counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and petitions this Court for the scheduling of an alimony pendente lite conference and in support thereof respectfully represents as follows: 1. Plaintiff filed an Amended Complaint to include additional counts to the Divorce Complaint in the above-captioned matter in which a claim for alimony pendente lite was raised. See attached Amended Complaint marked as Exhibit "A." 2. On July 11, 2008, the Defendant filed a Petition for Spousal Support with the Domestic Relations office at PACSES Case No. 764110160. 3. On or about July 11, 2008, the Defendant filed a Petition for Alimony Pendente Lite Conference requesting that said Conference be scheduled at the same time as the support conference. 4. The Plaintiff is requesting that his alimony pendente lite conference also be scheduled at the same time the support conference is scheduled in this matter. WHEREFORE, the Plaintiff requests that the Court direct that an alimonypendente lite conference be scheduled. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: f Vaa , Kara W. Haggerty, 36 South Hanover Carlisle, PA 17013 (717) 249-0900 ID #86914 Attorney far Plaintiff VERIFICATION I, Timothy D. Hoffman, verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. ?? 0? Date Timothy D. Hoffman CERTIFICATE OF SERVICE AND NOW, this ?? day of July, 2008, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Petition for Alimony Pendente Lite Conference by First Class U.S. Mail addressed to the following: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033-0650 co r ` c n ` TIMOTHY D. HOFFMAN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-3810 CIVIL TERM LORI A. HOFFMAN, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 211110180 ORDER OF COURT AND NOW, this 17th day of July, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on Ausust 7.2008 at 9:OOA.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent John J. Connelly, Jr., Esq. Kara W. Haggerty, Esq. Date of Order: July 17, 2008 J. Sha ay, C nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ca C= ?, co l TIMOTHY D. HOFFMAN.) THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2008-3810 CIVIL TERM LORI A. HOFFMAN, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 834110182 ORDER OF COURT AND NOW, this 18th day of July, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on August 7, 2008 at 9:OOA.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent John J. Connelly, Jr., Esq. Kara W. Haggerty, Esq. Date of Order: July 11R 2008 R. J. Sh day, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 n r-' G. w -oil TIMOTHY D. HOFFMAN, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2008-3810 CIVIL TERM LORI A. HOFFMAN, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 834110182 ORDER OF COURT AND NOW, this 21 st day of July, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on September 3. 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent John J. Connelly, Jr., Esq. Kara W. Haggerty, Esq. Date of Order: July 21, 2008 . ,r R. J. S day, on erence Officer 17 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc36 t ? ? ?:.. -et t'? c? -t, ? ; ? -?..._., ?- ;.qz ? r ?-- - (? r /?P . 1: SV rr ?'?! ?4?' . 41f p ?., ?-~ `?..... ?r 1 s ?? TIMOTHY D. HOFFMAN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-3810 CIVIL TERM LORI A. HOFFMAN, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 211110180 ORDER OF COURT AND NOW, this 21st day of July, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on September 3. 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent John J. Connelly, Jr., Esq. Kara W. Haggerty, Esq. Date of Order: July 21, 2008 Sh y, C nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 c=:o ..., TIMOTHY D. HOFFMAN, Plaintiff/Respondent VS. LORI A. HOFFMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-3810 CIVIL TERM IN DIVORCE PACSES Case No: 211110180 ORDER OF COURT AND NOW, this 3rd day of October 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,609.16 and the Respondent's monthly net income/earning capacity is $ 8,810.67, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Three Thousand Two Hundred Eighty and 00/100 Dollars ($ 3,280.00) per month payable weekly as follows: $ 2,880.00 per month for Alimony Pendente Lite and $ 400.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 756.92 weekly. The effective date of the order is July 14, 2008. Arrears set at $ 10,344.00 as of October 3, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lori A. Hoffinan. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 .r •w The Respondent is to make a payment in the amount of $5,760.00 within twenty (20) days from the date of this order. If the Respondent makes a direct payment to the Petitioner, the Petitioner is to report the same to DRO for credit to the account. The parties are to report to DRO any payments that may have been made to the Petitioner or on her behalf since the filing date of July 14, 2008. The Respondent is to maintain medical insurance on the Petitioner. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: OCT 0 7 2008 to: Petitioner Respondent Kara W. Haggerty, Esq. John J. Connelly, Jr., Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, DRO: R.J. Shadday N -, ;'7"; ?..d ' 3 t ? _?t ? ?T.7 . _r. N ' t 7 ? ?' K 7 ` ice:: ..c TIMOTHY D. HOFFMAN, Plaintiff/Petitioner VS. LORI A. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-3810 CIVIL TERM IN DIVORCE PACSES CASE: 834110182 ORDER OF COURT AND NOW to wit, this 3rd day of October 2008, it is hereby Ordered that the Petitioner's request for Alimony Pendente Lite is dismissed, without prejudice, pursuant to His income being higher that the Respondent's income. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Kara W. Haggerty, Esq. John J. Connelly, Jr., Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: r-s ?? c ?? ? ---? E M ?e _ ? .'`- ? ...? ?'.Y.'t _ .? r? TABOM & &U i LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 PACSES Case No.: 211110180 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR A DE NOVO MASTER'S HEARING AND NOW, comes the plaintiff, Timothy D. Hoffman, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., who respectfully requests a Master's Hearing in the above captioned matter, and in support thereof avers the following: 1. An Interim Order of Court (hereinafter "Interim Order") was filed on October 3, 2008, whereby the Plaintiff was ordered to pay $3,280.00 monthly ($2,880.00 per month for APL and $400.00 per month on arrears) in alimony pendente lite to the Defendant. 2. It is believed and therefore averred that Plaintiff's income/ earning capacity was calculated incorrectly, thereby reflecting an income greater than what the Plaintiff earns. 3. It is believed and therefore averred that Defendant's income,/earning capacity reflects a lower income than she actually earns or is capable of earning. 4. The Interim Order was mailed to the Defendant on October 7, 2008. r WHEREFORE, Plaintiff respectfully requests that the Interim Order not become final and that a hearing de novo be scheduled to occur before the Support Master. Respectfully Submitted, on- ld 1ly r: Date ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty, Esqui Attorney I.D. No. 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint# CERTIFICATE OF SERVICE AND NOW, this It; day of October, 2008, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Plaintiffs Petition for a De Novo Master's Hearing by.First Class U.S. Mail addressed to the following: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033-0650 Kara W. Haggerty, Esquire; T w.? r-y C) C"`1 vh Tom' .r- -r; ?i , R In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LORI A. HOFFMAN ) Docket Number 08-3810 CIVIL Plaintiff ) vs. ) PACSES Case Number 211110180 TIMOTHY D. HOFFMAN ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, TIMOTHY D. HOFFMAN of 35 CHELSEA LN, CARLISLE, PA. 17015-7911-35 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 3RD DAY OF DECEMBER, 2008 at 8 :30AM fora hearing. This date replaces the prior hearing date of NOVEMBER 24, 2008 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Rev. 1 Service Type M Worker ID 21700 HOFFMAN V. HOFFMAN PACSES Case Number: 211110180 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: C o 0 ley pier, ge JUDGE YOU HAVE THE RIGHT TO A L YER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESE YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21700 m z'iw R r ?? ? ? r-- rt'' ?. -??a ?'? ?t ...t :.?.- ? ?- i ?? ;.: (r3 -? ;. ° ;?? ?- -- ...n-w i. - ?..?`s . ' " ..? I ~ .. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LORI A. HOFFMAN ) Docket Number 08-3810 CIVIL Plaintiff ) vs. ) PACSES Case Number 211110180 TIMOTHY D. HOFFMAN Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, LORI ANN HOFFMAN of 7 GARLAND CT, CARLISLE, PA. 17013-4443-07 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 3RD DAY OF DECEMBER, 2008 at 8 :30AM for a hearing. This date replaces the prior hearing date of NOVEMBER 24, 2008 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3, the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type m Form CM-514 Rev. 1 Worker ID 21700 ? DL HOFFMAN V. HOFFMAN PACSES Case Number: 211110180 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: --- os -a Ljw JUDGE YOU HAVE THE RIGHT TO A LAAVYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. 1 Worker ID 21700 r^? rv _J CD -r r1l b. LORI A. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TIMOTHY D. HOFFMAN, PACSES NO. 764110160 Defendant DOCKET NO. 591 SUPPORT 2008 TIMOTHY D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION LORI A. HOFFMAN, PACSES NO. 211110180 Defendant DOCKET NO. 08-3810 CIVIL ORDER OF COURT AND NOW, this S ,-day of December, 2008, this matter having been scheduled for a hearing de novo before the Support Master on the Wife's Complaint for spousal support and the parties' cross petitions for alimony pendente lite, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master, it is ordered and decreed as follows: 1. The Wife's Complaint for spousal support is dismissed. 2. The Husband's claim for alimony pendente lite is dismissed. 3. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $2,000.00 per month. 4. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit an additional payment each month on arrearages provided, however, that all outstanding arrearages shall be paid in full no later than April 1, 2009. 5. The Husband shall provide health insurance coverage for the benefit of the Wife as provided through his employment or other group coverage at a reasonable cost. 6. The effective date of this order is July 14, 2008. Cc: Lori A. Hoffman Timothy D. Hoffman John J. Connelly, Jr., Esquire For the Plaintiff Kara W. Haggerty, Esquire For the Defendant DRO By the Court °m } ?K co Aom c$I I?LITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff v. LORI A. HOFFMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AND NOW, comes the Plaintiff, Timothy D. Hoffman, by and through his counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and petitions this Court for the scheduling of an alimony pendente lite conference for the purpose of reviewing and modifying the award of alimony pendente lite and in support thereof respectfully represents as follows: 1. Petitioner, Timothy D. Hoffman, is the Defendant in the support complaint at the above- referenced docket number. 2. Respondent, Lori A. Hoffman, is the Plaintiff in the support complaint. 3. On or about December 5, 2008, an Order of Court was entered for the payment of alimony pendente lite by the Defendant to the Plaintiff in the amount of $2,000.00 per month. 4. The Petitioner is requesting that his alimony pendente lite be decreased or terminated because of the following material change in circumstances: a. Respondent has the ability to earn additional income that would provide her with increased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 earnings or an increased earning capacity; b. At the present support obligation, Petitioner is paying Respondent a greater amount of support than her monthly living expenses; c. Because the support received exceeds monthly living expenses, the alimony pendente lite award is unreasonable as it more than provides for her maintenance as well as providing the ability to defend herself in the pending divorce litigation; and, d. It is believed and therefore averred that, at the Support Master's Hearing, the Respondent stated to the Master that it is her desire to resolve the divorce quickly which would ultimately terminate the support obligation; however, that has not been done. 5. Undersigned counsel has contacted John J. Connelly, Esquire, attorney for Respondent, but has not yet received a response regarding Respondent's position on this Motion. WHEREFORE, the Petitioner prays This Honorable Court to grant the motion to modify. Respectfully submitted, Date: ABOM & KUTULAKIS, LLP Kara W. Haggerty, l 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID #86914 Attorney for Petitioner VERIFICATION I, Timothy D. Hoffman, verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date O o r 271 Timothy . Hoffman CERTIFICATE OF SERVICE AND NOW, this day of June, 2009, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Modify Alimony Pendente Lite by First Class U.S. Mail addressed to the following: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033-0650 nF Y HE V tom; Ji_ ., e" ?. t)eD TIMOHTY D. HOFFMAN, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-3810 CIVIL TERM LORI A. HOFFMAN, IN DIVORCE Defendant PACSES CASE NO: 211110180 ORDER OF COURT AND NOW, this 25th day of May, 2009, a petition has been filed against you, Lori A. Hoffman, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on July 29, 2009 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Kara W. Haggerty, Esq. John J. Connelly, Jr., Esq. 4z Date of Order: June 25, 2009 A. I Sh ay, C nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRE T YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 OF THE 2 0 0 9 iUlf? 2 5 IFf ? '.3 - 2J' TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3810 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO MODIFY ALIMONY PENDENTE LITE ORDER OF COURT AND NOW, this 29`'' day of June, 2009, upon consideration of Plaintiff's Motion To Modify Alimony Pendente Lite, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. ? Kara W. Haggerty, Esq. 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff -,,-?ohn J. Connelly, Jr., Esq. P.O. Box 650 Hershey, PA 17033-0650 Attorney for Defendant rc (20P Cev /)IlLt LcrL 0 c f N CZ=L o ,? -_- C.? tl? G,.1 Co ? BY THE COURT, I{.E,J-O. "r"10 FILED-O"r" OF THrE Ph"? 2 09:9 JUL -2 PM 3: 31 e7JUL. 9. 20092 1:52PM7172ANORTH MTN SETTLEMENT SVCS'"BERLANDCTYI]RD NO, 139 P 3'c a r O g- 3g) O C I JUL V` 2965 C UMBCRLAND COUNTY DOMESTIC RELATIONS Date of Application: 4 Request for Support Record Search Name: ast) (First) (M» Address: D.O.B.: 17 14-111or Social Security Number: -- Domestic Relations Case dumber if Knowrr s><US Party Requesting information: d Y-?-h (Print Name of Firm Name) -?1-7- SG q- 4o 122 j- IY7dun4zA- /Cd 10 Pry -7 /4- S ) ??? ("T'elephone Number) (Address -717-36 2= 5- 1-'/L/ (Fix Number) (Signature) A Twenty Dollar (520.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search wanAL REQUEST Has no Record in Domestic Relations as of- (Date) Support [arrears as of Fnd of Month Prior to Date of Application; S? 0 Monthly Total Support Obligation: $ ROOO , 00 f The Amount shown above is reflected in the Domestic Relations Secdon Office of Cumbarlaud County, Pennsylvania. ") 21v1b e- r -4- -7g S L( 0 O0 Domestic Relations Case Number: PQCS QS # o? J ? 1 1 D ? ?' O Sided: 727- 25;e1 (Lien Search Coordinator) (Date) BRING-DOWN REQUEST Support Arrears:- $ As Of: (Date) Signed:- (Lien Coordinator) (Date) Lien Satisfiisfaction Receipt Available Upon Request"* CC720 OF Tli OIAW 2 E9 JUL 1 3 ?: 3 t rc UI'v` ,', r John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 Christine Taylor Brann, Esquire Attorney I.D. No. 82204 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner, Lori A. Hoffman TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3810 PACSES CASE NO. 211110180 CIVIL ACTION - LAW IN DIVORCE LORI A. HOFFMAN, Plaintiff V. TIMOTHY D. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 591-SUPPORT-2008 PACSES CASE NO. 211110180 CIVIL ACTION - LAW IN SUPPORT PETITIONER'S MOTION TO MODIFY ALIMONY PENDENTE LITE AND NOW, comes the Petitioner, Lori A. Hoffinan, by and through her counsel, John J. Connelly, Jr., Esquire, Christine Taylor Brann, Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Motion to Modify Alimony Pendente Lite, as follows: Petitioner, Lori A. Hoffinan (hereinafter referred to as "Wife"), is the Defendant in the above-captioned divorce action and the Plaintiff in the above-captioned support action. 2. Respondent, Timothy D. Hoffman (hereinafter referred to as "Husband"), is the Plaintiff in the above-captioned divorce action and the Defendant in the above-captioned support action. 3. On or about July 11, 2008, Wife filed her Petition for Spousal Support and a Petition for Alimony Pendente Lite. 4. On or about October 3, 2008, an Order of Court was entered requiring Husband to pay alimony pendente lite to Wife in the amount of $3,280.00 per month, representing $2,880.00 per month in current alimony pendente lite and $400.00 per month towards arrears. A copy of the Order dated October 3, 2008 is attached hereto as Exhibit "A". 5. According to the Order of Court dated October 3, 2008, Wife's Complaint for Spousal Support was dismissed without prejudice in light of the Order awarding her alimony pendente lite. 6. Wife appealed the Order dismissing her Complaint for Spousal Support and a de novo support appeal hearing was scheduled for December 3, 2008. 7. Prior to the parties' de novo support appeal hearing, they entered into an agreed upon Order dated December 5, 2008 whereby Husband pays Wife the amount of $2,000.00 per month as and for alimony pendente lite. A copy of the Order is attached hereto as Exhibit "B". 8. Throughout the parties' marriage, Husband owned and operated Hoffman's Custom Contracting, Inc., a construction company which builds both spec and custom homes. 9. In addition to Hoffinan's Custom Contracting, Inc., Husband also owns a 25% interest in Mooreland Federal Development, LLC. 10. Throughout the parties' marriage, Wife was employed as a realtor. 2 11. According to the Support Order dated October 3, 2008, the conference officer determined Husband's net monthly income to be $8,810.67, with Wife's monthly net income to be $1,609.16.. As a result, Wife has been the financially dependent spouse throughout the parties' marriage. See Exhibit "A". 12. In an effort to determine not only Husband's income, but Husband's interest in his business ventures, Wife served her Request for Production of Documents and Interrogatories on August 26, 2008. 13. Despite several letters by Wife's counsel and direct communication between the parties' respective accountants, Husband refused to provide the requested information claiming the few tax returns comprised all of the available information. A copy of Husband's counsel's correspondence dated May 11, 2009 confirming same is attached hereto as Exhibit "C". 14. In response to Husband's counsel's correspondence dated May 11, 2009, Wife's counsel forwarded correspondence dated May 13, 2009 indicating that unless Husband cooperated in providing and disclosing all financial information requested, Wife would be left with no other alternative than to seek the involvement of the Court by filing a Motion to Compel, including a request for counsel fees. A copy of Wife's counsel's correspondence dated May 13, 2009 is attached hereto as Exhibit "D". 15. Despite Husband's repeated representations that he had complied with all discovery responses and additional documentation did not exist, he thereafter provided a substantial amount of documents, with an outline of same which comprised of a four page list. A copy of the correspondence dated June 2, 2009 from Husband's counsel is attached hereto as Exhibit "E". 3 16. As a result of the financial documentation provided June 2, 2009 by Husband, Wife believes and therefore avers that Husband's annual income exceeds the monthly net income reflected in the parties' October 3, 2008 Support Order and would result in Husband paying alimony pendente lite in excess of $2,000.00 per month. 17. As indicated above, Husband refused to provide financial information in response to Wife's discovery requests for a period of approximately nine and a half months. 18. Wife believes and therefore avers that Husband deliberately refused to provide said information in an effort to conceal his true income picture in an effort to minimize his exposure with respect to his alimony pendente lite obligation and to strong-arm Wife with respect to settlement negotiations involving the parties' divorce matter to Wife's financial detriment. 19. Therefore, Wife respectfully requests that Husband's alimony pendente lite obligation be increased based upon Husband's current income, which exceeds the monthly net income originally determined by the support conference officer in the Order dated October 3, 2008. WHEREFORE, Wife respectfully requests that this Honorable Court modify the alimony pendente lite and that a conference be scheduled in this matter. 4 Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: __q_-"p? Q '(? g By: J?hnj. Cox1ne11 Jr. A teey .D. # 615 Christine Taylor Brann Attorney I.D. #82204 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Petitioner, Lori A. Hoffinan 5 07/20/2009 M^N :1.0:51 FAX 7172491822 .Hooke, Hooke & Eckman 2002/002 VERIFICATION I, Lori A. Hoffman, verify that the statements made in the foregoing pleading 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: (!A J11c;?, L-- Lori A. Hoffinan EXHIBIT "A" TIMOTHY D. HOFFMAN, Plaintiff/Petitioner VS. LORI A. HOFFMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-3810 CIVIL TERM IN DIVORCE PACSES CASE: 834110182 ORDER OF COURT AND NOW to wit, this 3rd day of October 2008, it is hereby Ordered that the Petitioner's request for Alimony Pendente Lite is dismissed, without prejudice, pursuant to His income being higher that the Respondent's income. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Kara W. Haggerty, Esq. John J. Connelly, Jr., Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: EXHIBIT "B" LORI A. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION TIMOTHY D. HOFFMAN, PACSES NO. 764110160 Defendant DOCKET NO. 591 SUPPORT 2008 TIMOTHY D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION LORI A. HOFFMAN, PACSES NO. 211110180 Defendant DOCKET NO. 08-3810 CIVIL ORDER OF COURT AND NOW, this S day of December, 2008, this matter having been scheduled for a hearing de novo before the Support Master on the Wife's Complaint for spousal support and the parties' cross petitions for alimony pendente lite, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master, it is ordered and decreed as follows: C=nl 3 0 Q0 1. The Wife's Complaint for spousal support is dismissed J rn o rT1 2. The Husband's claim for alimony pendente lite is dismig cn 3. The Husband shall pay to the Pennsylvania State Col bh aq Disbursement Unit as alimony pendente lite the sum cM52,000'Q0 per month. 4. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit an additional payment each month on arrearages provided, however, that all outstanding arrearages shall be paid in full no later than April 1, 2009. 5. The Husband shall provide health insurance coverage for the benefit of the Wife as provided through his employment or other group coverage at a reasonable cost. 6. The effective date of this order is July 14, 2008. Cc: Lori A. Hoffman Timothy D. Hoffman John J. Connelly, Jr., Esquire For the Plaintiff Kara W. Haggerty, Esquire For the Defendant DRO By the (ni in EXHIBIT "C" eTU OM LAKIS ATTORNEYS AT LAW May 11, 2009 John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033 R,E- Timothy Hoffman v. Lori Hoffman Docket No. 08-3810 Our File No.: 08-135 Dear Attorney Connelly: OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 <K€ t I am writing in response to your letter dated May 4, 2009. As I previously stated, we believe that all of the items requested by Ms. Bolinger have been provided, with the exception of the 2008 federal tax return for Hoffman's Custom Contracting, Inc. that is enclosed with this correspondence. We are requesting that the meeting between the parties, their counsel and the accountants that is presently scheduled for Thursday, May 14, 2009, at 9:00 a.m. be held as it will answer any outstanding questions or issues related to discovery. We believe that all information in our possession regarding this matter has been provided to you for review. Furthermore, I have asked Mr. Kaufman to speak with Ms. Bolinger to discuss the goals for our meeting and to ensure that it will be beneficial to all parties. I am looking forward to meeting with you on Thursday to expedite a resolution of any outstanding property issues. If you have any questions regarding this matter, please feel free to contact me at your convenience. Very truly yours, Enclosure Abo & %utu&alds, LLP uz- t 4T, d Kara W. Haggerty Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 FAx (717) 249-3344 EXHIBIT "D" JAN F SMITH DIETTE i & CONNELLY LLP John J. Connelly, Jr. jjc(a'jsdc.com FAX 717.298.2053 May 13, 2009 VIA FACSIMILE (717 249-3344 AND U.S. MAIL Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013-3306 Re: Hoffman v. Hoffman Dear Kara: Your letter dated May 11, 2009 failed to provide any additional information in order to ensure a meaningful meeting among parties, counsel and accountants. As we previously indicated, unless we were provided the documents requested by our accountant, Gayle Bolinger, and in our Request for Production of Documents, any meeting is premature. In fact, our accountant advised that a meeting scheduled prior to our receipt and review of the information and documentation is a waste of time. Unfortunately, your client has provided practically none of the documentation which we have requested, which prevents us from scheduling a meeting. Although we have repeatedly identified what remains outstanding, we are again providing you a list of all documentation and information which is necessary prior to rescheduling a meeting. 1. All information and documentation requested by.Gayle Bolinger in her letter dated March 30, 2009, we are again providing a copy of this correspondence, acknowledging that reference to Orchard Settlement Services, LLC is inapplicable. 2. All documentation requested in our Request for Production of Documents. For your convenience, we are again providing a copy of same. 3. The information outlined in our letter dated November 12, 2008 regarding the deficiencies in your client's Answers to Interrogatories. A copy of our letter dated November 12, 2008 is enclosed for your reference. Please note that subsequent to our November 12, 2008 P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3220 WWW JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III NEIL W. YAHN EDWARD P. SEEKER RONALD T. TOMASKO SUSAN M. KADEL JARAD W. HANDELMAN COURTNEY K. POWELL KIMBERLY A. BONNER KAREN N. CONNELLY JOHN M. HYAMS CHRISTINE T. BRANN JESSICA E. LoWE SEAN M. CONCANNON OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. May 13, 2009 Page 2 of 2 letter, we did receive a copy of the 2005 Hoffinan Custom Contracting Federal Tax Return and therefore to the extent this letter references same, it is not necessary that another copy of this tax return be provided. 4. The original Note signed by your client dated January 3, 2007 regarding my client's vehicle. 5. A copy of all 2008 K-1 statements relative to the parties' joint Federal and State Tax Returns. In spite of your repeated representations that all the information requested has been provided, that is simply not the case. As referenced above, our letter of November 12, 2008 points out all of the problems with the Interrogatories and further refers to the fact that we received none of the information set forth in our Request for Production of Documents. I recognize your client is anxious to resolve this matter; however, the only way that is going to happen is when he provides completed discovery. It seems the only option we have now is to file a Motion to Compel and request counsel fees. Please be aware that the information supplied by the accountant does not come close to complying with the Request for Production of Documents. I will acknowledge that Steve Kauffman probably provided the information he "had available"; however, the remainder of the information is in your client's possession and must be produced. Please understand we are willing to have a meeting; however, we cannot have one without the correct information. Very truly yours, John J. Connelly, jr, JJC/mbl Enclosure cc: Lori A. Hoffinan EXHIBIT "E" OFFICE LOCATIONS BOM CARLISLE OFFICE (717) 249-0900 eNZIULAKIS HARRISBURG OFFICE (717) 232-9511 ATTORNEYS AT LAW CHAMBERSBURG OFFICE UJ7) 267-0900 YORK OFFICE (717) 846-0900 June 2, 2009 John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033 R,E- Timothy Hoffman v. Lon' Hoffman Docket No. 08-3810 Our File No.r 08-135 Dear Attorney Connelly: I am writing in response to your letter dated May 13, 2009, and providing you with additional information that I am hopeful satisfies your accountant's needs in valuing Mr. Hoffman's business. To avoid any confusion, I will respond to each of Ms. Bolinger's numerical paragraphs. Regarding Hoffman's Custom Contracting, Inc.: 1. The first chart outlines Notes Receivable/Notes Payable/ Stockholders' Notes Payable at the end of each year Hoffman's for the years 2004, 2005, 2006, 2007 and 2008. The supporting documentation will aid in relating these numbers to the respective tax returns. 2. There are no formal loan documents supporting the chart in paragraph #1, nor are there any interest rates attached to these loans. The supporting documents include the bank loan history from Orrstown Bank to illustrate when the loan was made. Also attached is the Mortgage held by Hoffman's on 62 Chelsea Lane, Carlisle, PA. 3. The only real estate belonging to Hoffman's as of 06/27/08 was the model home located in Mooreland Mews. As of the date of separation the home was still under construction and not yet complete. See attached Work In Progress report 4. Related party transactions between Hoffman's are shown on the recap chart of Loans To/From Officers. As shown on the recap chart of Loans To/From Officers, the corporation advanced $10,000 for a vehicle for Lori. The note for this vehicle has been provided in prior correspondence. 5. The perks paid by Hoffman's are as follows: a cell phone provided to Lori at $100 per month for the length of the marriage, a cell phone provided to Lindsey Sullivan at $50 per month for 2 years during the marriage, a loan to Lori in the amount of $10,000 to acquire a vehicle, payment of $1,539 to Lori for tires for her vehicle, a gas card provided to Lori for personal use at apprommately $85.00 per month for 2 years, and health insurance provided to Lori at $350 per month from the date of marriage to the present. All utilities for Tim's home and business are separately maintained with the exception of the electric bill, which is paid through the company at approximately $100 per month. Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 Fax (717) 249-3344 I John J. Connelly, Jr., Esquire June 2, 2009 Page 2 In identifying the perks, we are not listing items provided to other employees as normal business expenses. Items such as Tun's cell phone and his health insurance coverage are all the same type of items provided to employees as business items and normal business costs and is therefore not a perk. Tim's truck is for business purposes. Personal travel was done in a non-business vehicle. Any personal use by Tim is de minimus. 6. The 2008 W-2 has been provided in previous correspondence. The 2004 W-2 is attached. 7. There are no shareholder or buy-sell agreement(s). 8. There have been no ownership interests bought or sold within the past five years. 9. All tax returns for 2004-2008 have been provided under separate cover. 10. The 2004 and 2008 W-2's are enclosed. Regarding Mooreland Federal Development, LLC: As you may be aware, Tim is a 25% minority owner in Mooreland Federal Development, LLC. Mooreland Federal Development, LLC was established in March 2007. 1. There are no notes receivable, notes payable or loans to/from shareholders. 2. Not applicable. 3. As of the date of separation, there were 16 lots for resale located in Mooreland Mews with an outstanding debt of $533,150. 4. There were no transactions with related parties. 5. There are no perks paid by the company. 6. There are no W-2's issued or compensation paid by the company. 7. The operating agreement is enclosed. Mr. Hoffinan is a minority shareholder at 25% interest in the company. 8. No ownership interests changed since the corporation was formed. 9. The 2007 and 2008 U.S. Returns of Partnership Income for Mooreland Federal Development, LLC are enclosed. 10. There are no W-2's issued by the company. Regarding Fairway Property Development, LLC: Fairway Property Development, LLC was a partnership established in September 2006 for the purpose of acquiring and developing land. Tim held a 40% interest in this corporation. Nothing was ever purchased and the partnership was financially closed out in 2008. Attached are the K-1's for 2006, 2007 and 2008, showing a loss and the closeout of the LLC in 2008. 1. There are no notes receivable, notes payable or loans to/from shareholders. 2. Not applicable. 3. There is no real estate inventory belonging to the business. 4. There were no transactions with related parties. 5. There are no perks paid by the company. 6. There are no W-2's issued or compensation paid by the company. 7. The operating agreement is enclosed. 8. No ownership interests changed since the corporation was formed. 9. The tax returns for this company are neither in my client's nor his accountant's possession. The K-1's for 2006, 2007 and 2008 are enclosed. 10. There are no W-2's issued by the company. . , John J. Connelly, Jr., Esquire June 2, 2009 Page 3 Regarding your November 12, 2008, letter, I will respond to what you claim as deficiencies by number: 1. Mr. Hoffman pays any credit card accounts in full; therefore, there was a zero balance in April 2004 through June 2008. We are not claiming any outstanding credit card debt as a marital obligation. Personally, Mr. Hoffman does not utilize a credit card that would carry a balance that would be marital. For his business, Mr. Hoffman has an American Express card that is used to purchase supplies. By way of further answer, American Express notified Mr. Hoffman that Lori was accessing his account on a regular basis; therefore, she would have any documentary evidence to support this response. 2. Mr. Hoffman maintains an IRA with Fidelity. 3. The response to this Interrogatory is included with the response to Ms. Bolinger. 4. The response to this Interrogatory is included with the response to Ms. Bolinger. 5. This information has been provided. 6. Financial or net worth statements have never been prepared by anyone including Smith, Elliott & Kearns. 7. The response to this Interrogatory is included with the response to Ms. Bolinger. Finally, I have included a CD with Mr. Hoffman's Quickbook files from the date of marriage to the date of separation. I believe that this additional information should fully satisfy your request for discovery and provide Ms. Bolinger with sufficient information to detertnine the increase in value, if any, of Mr. Hoffman's business from the date of the marriage to the date of separation. I would once again request the opportunity to meet in an effort to resolve the equitable distribution and finalize the divorce in this matter. It has been brought to my attention that the townhouse at 1329 Georgetown Circle, Carlisle, PA is under contract for sale, and settlement is scheduled to occur on or before July 9, 2009. I am requesting an agreement that any proceeds from the sale of this property be held in escrow with Steven Kaufman at Smith, Elliott & Kearns until equitable distribution is resolved. Please advise me of your position on this matter as soon as possible. I would like to address one additional matter with you, and that would be the APL being paid to your client. As you will recall, Support Master Rundle indicated that he would not require Mr. Hoffman to continue to pay APL for an extended period of time due to the very short length of the marriage. Furthermore, Mr. Hoffman has learned that your client has openly misrepresented her expenses on the documents that you presented to the Domestic Relations Section in furtherance of your request for APL. To that end, I am requesting that we enter into an agreement for a reduction in APL to $1,000.00 per month. Please advise me as to your position on this request no later than June 10, 2009. I will then draft the necessary paperwork to modify the support amount with Domestic Relations. e John J. Connelly, Jr., Esquire June 2, 2009 Page 4 Thank you for your attention to this matter. I look forward to discussing this matter with you in the near future. If you have any questions regarding d-lis matter, please feel free to contact me at your convenience. Enclosure cc: Timothy Hoffman Very truly yours, Abom & Kutulakls,. LP Kara W. Haggerty TIMOTHY D. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-3810 PACSES CASE NO. 211110180 LORI A. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE LORI A. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 591-SUPPORT-2008 PACSES CASE NO. 211110180 TIMOTHY D. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN SUPPORT CERTIFICATE OF SERVICE I, Christine Taylor Brann, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for Lori A. Hoffman, hereby certify that I have served a copy of the foregoing Motion on the following on the date and in the manner indicated below: VIA U.S. MAIL. FIRST CLASS. PRE-PAID Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013-3306 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: O ' U By: Christine Taylor B01 Attorney I.D. #8Z04 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 FILED -CIFFICE ,..,. ?..r OF THE iii: RCIT;' M9 JUL 2Q P? 3* CO T)i PENNSY LJ 'ti ,'; John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 Christine Taylor Brann, Esquire Attorney I.D. No. 82204 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Lori A. Hoffman TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant LORI A. HOFFMAN, Plaintiff V. TIMOTHY D. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3810 PACSES CASE NO. 211110180 CIVIL ACTION - LAW IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 591-SUPPORT-2008 PACSES CASE NO. 211110180 CIVIL ACTION - LAW IN SUPPORT DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO MODIFY ALIMONY PENDENTE LITE AND NOW, comes the Defendant, Lori A. Hoffman, by and through her counsel, John J. Connelly, Jr., Esquire, Christine Taylor Brann, Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Answer to Plaintiff's Motion to Modify Alimony Pendente Lite, as follows: 1. Admitted with clarification. Timothy D. Hoffman (hereinafter referred to as "Husband"), is the Plaintiff in the above-captioned divorce action at docket number 08-3810 and is the Defendant in the above-captioned support action at PACSES Case No. 211110180. 2. Admitted with clarification. Lori A. Hoffman (hereinafter referred to as "Wife"), is the Defendant in the above-captioned divorce action at docket number 08-3810 and is the Plaintiff in the above-captioned support action at PACSES Case No. 211110180. 3. Admitted with clarification. It is admitted that an Order of Court was entered December 5, 2008 for the payment of alimony pendente lite by Husband to Wife in the amount of $2,000.00 per month. By way of clarification, said Order was based upon the parties' agreement which was reached prior to a de novo support appeal hearing scheduled December 3, 2008. A copy of the Order dated December 5, 2008 is attached hereto as Exhibit "A". 4. Admitted in part and denied in part. It is admitted that Husband is requesting that his alimony pendente lite obligation be decreased or terminated, but it is denied that he is entitled to the relief requested. Plaintiff further denies the allegations set forth in paragraphs 4(a) through 4(d) in response to Husband's alleged reasons to decrease or terminate his alimony pendente lite obligation, Wife responds as follows: a. Denied. It is denied that Wife has the ability to earn additional income that would provide her with increased earnings or an increased earning capacity. To the contrary, Wife is currently employed by Hooke, Hooke & Eckman, LLC as a realtor/administrative assistant, wherein she earns $10.00 an hour for approximately 30 hours per week and has the potential for additional compensation in the form of commissions. By way of further answer, Wife obtained her license to sell real estate approximately three years ago during the parties' marriage with the support of Husband. 2 b. Denied. It is denied that Husband is paying current support in an amount greater than Wife's monthly living expenses. By way of further answer, the amount of Wife's monthly living expenses is not relevant since alimony pendente lite is calculated in accordance with the support guidelines. C. Denied. It is denied that Husband's present alimony pendente lite obligation of $2,000.00 per month is reasonable and it is further denied that said amount provides for Wife's maintenance as well as providing the ability to defend herself in the pending divorce litigation. To the contrary, Wife has incurred significant counsel fees as a result of Husband's refusal to cooperate in providing necessary discovery for a period of nine and a half months which information is necessary to determine his income and to conduct business valuations. As a result, Wife believes and therefore avers that Husband will continue to provide little cooperation with respect to the parties' divorce litigation. Paragraph 4(b) is incorporated herein by reference. d. Denied. After reasonable investigation, Wife is without knowledge or information sufficient to form a belief as to the truth of Husband's averment and proof is demanded. By way of further answer, Wife has expended significant counsel fees in her efforts to obtain routine discovery responses from Husband. Specifically, Wife served Husband discovery requests on August 26, 2008. Despite repeated letters by Wife's counsel addressing Husband's outstanding discovery obligations, Husband claimed that all information was provided. After approximately nine and a half months, and after Wife's counsel forwarded correspondence to Husband's counsel indicating that unless Husband provided his discovery responses a Motion to Compel would be filed, Husband 3 ultimately provided a substantial amount of financial information, which was documented in a list prepared by Husband's counsel that consisted of four pages. 5. Denied. After reasonable investigation, Wife is without knowledge or information sufficient to form a belief as to the truth of Husband's averment and proof is demanded. WHEREFORE, Wife respectfully requests that this Honorable Court deny Husband's Motion to Modify Alimony Pendente Lite. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: q-30-01- By: John Co lly, Jr. tto #15615 Christine Taylor Brann Attorney I.D. #82204 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Lori A. Hoffinan 4 07/20/2099 MON ].^,:51 FAX 7172491822 Hooke, Hooke & Eckman VERIFICATION I, Lori A. Hoffman, verify that the statements made in the foregoing pleading 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. A'- Date: - a10 - D ? Lori A. Hoffinan 2002/002 EXHIBIT "A" LORI A. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION TIMOTHY D. HOFFMAN, PACSES NO. 764110160 Defendant DOCKET NO. 591 SUPPORT 2008 TIMOTHY D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION LORI A. HOFFMAN, PACSES NO. 211110180 Defendant DOCKET NO. 08-3810 CIVIL ORDER OF COURT AND NOW, this day of December, 2008, this matter having been scheduled for a hearing de novo before the Support Master on the Wife's Complaint for spousal support and the parties' cross petitions for alimony pendente lite, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master, it is ordered and decreed as follows: .-) "-1 3 0 1. The Wife's Complaint for spousal support is dismissed,=' ti° ao o 2. The Husband's claim for alimony pendente lite is dismig cn 3. The Husband shall pay to the Pennsylvania State ColWal5h a q Disbursement Unit as alimony pendente lite the sum oitt,000 Q0 per month. N C- 4. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit an additional payment each month on arrearages provided, however, that all outstanding arrearages shall be paid in full no later than April 1, 2009. 5. The Husband shall provide health insurance coverage for the benefit of the Wife as provided through his employment or other group coverage at a reasonable cost. 6. The effective date of this order is July 14, 2008. Cc: Lori A. Hoffman Timothy D. Hoffman John J. Connelly, Jr., Esquire For the Plaintiff Kara W. Haggerty, Esquire For the Defendant DRO Rv tha rtni in TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3810 PACSES CASE NO. 211110180 CIVIL ACTION - LAW IN DIVORCE LORI A. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 591-SUPPORT-2008 PACSES CASE NO. 211110180 TIMOTHY D. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN SUPPORT CERTIFICATE OF SERVICE I, Christine Taylor Brann, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for Lori A. Hoffman, hereby certify that I have served a copy of the foregoing Answer on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013-3306 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: '?? /.' Christine Taylor Br Attorney I.D. #82 4 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 RLED-OFFCC OF TK PROTHOI N T, ARY 2009 JUL 20 Fil 2: 8 V J TIMOTHY D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LORI A. HOFFMAN, Defendant NO. 08-3810 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO MODIFY ALIMONY PENDENTE LITE ORDER OF COURT AND NOW, this 23rd day of July, 2009, upon consideration of Plaintiffs Motion To Modify Alimony Pendente Lite, and of the Answer filed thereto, this matter is referred to the Domestic Relations Section for a conference and initial recommended disposition. Rickie Shadday Conference Officer Domestic Relations Section - h4wl e 6l Xara W. Haggerty, Esq. 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff Xohn J. Connelly, Jr., Esq. P.O. Box 650 Hershey, PA 17033-0650 Attorney for Defendant :rc BY THE COURT, OF THE F RI.. f t,„;, AMY 2009 JU 24 P, l : 4 7 CU=s;- .f `??r'.. P El TIMOTHY D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA VS. LORI A. HOFFMAN, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 08-3810 CIVIL TERM IN DIVORCE PACSES Case No: 211110180 ORDER OF COURT AND NOW, this 14th day of July 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,747.76 and the Respondent's monthly net income/earning capacity is $ 9,941.83, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Three Thousand Two Hundred and 00/100 Dollars ($ 3,200.00) per month payable monthly as follows: $ 3,200.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: August 25, 2009 and on or before the 25th of each month thereafter. The effective date of the order is July 1, 2009. Arrears set at $ 1,844.93 as of August 14, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lori A. Hoffman. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by the Respondent and 100 % by the Petitioner. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of: 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: to: Petitioner Respondent John J. Connelly, Jr., Esq. Kara W. Haggerty, Esq. BY THE COURT, DRO: R.J. Shadday FILED-OFFICE cf THE PRoTP, i".` TAARY 2009 AUU" 2 0 Aid 11:0 4 ABOM cSZ' j?LITLiLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant MOTION FOR APPOINTMENT OF MASTER TIMOTHY D. HOFFMAN, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ ] Annulment [ ] Alimony [ x ] Alimony Pendent Lite IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE [ x ] Distribution of Property [ ] Support [ ] Counsel Fees [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, John Connelly, Esquire. 3. The statutory ground(s) for the divorce are: §§ 3301(c) & (d) 4. The action is contested with respect to the following claims: Distribution of property and alimony pendente lite 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: None. DATE Kara W. Haggerty, Esq Attorney for Plaintiff AND NOW, 2009, Master with respect to the following claims: Esquire, is appointed BY THE COURT, J. OF THE Ppl. ,.VA?Y 2009 AUG 25 PM 4: 0a V s OM & &UTULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant AUG IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER TIMOTHY D. HOFFMAN, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ x ] Alimony Pendent Lite [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, John Connelly, Esquire. 3. The statutory ground(s) for the divorce are: §§ 3301(c) & (d) 4. The action is contested with respect to the following claims: Distribution of property and alimony pendente lite 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Additional information, if any, relevant to the motions: None. DATE D ?-` UUI(-A Kara W. Haggerty, Esq Attorney for Plainti AND AVOW, 2009, e. &Pt,? (OJL e, _ 'Y , Esquire, is appointed Master with respect to the following claims: BY T COURT W LJ *%x OF THE PRO T-' 2009 AUG 25 PH 4: 08 PEI4.i i}r'LvAm,`,A ALF(?-?}=r +VE OF THE Ff ' L,WNOTARY 3009 AUG 2b P 3-, 31 NTY Pti:NNSYLVAN ?.?dl?J2 Aom c& ' LITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 PACSES Case No.: 211110180 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR A DE NOVO MASTER'S HEARING AND NOW, comes the plaintiff, Timothy D. Hoffman, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., who respectfully requests a Master's Hearing in the above captioned matter, and in support thereof avers the following: 1. An Interim Order of Court (hereinafter "Interim Order") was entered dated July 14, 2009, whereby the Plaintiff was ordered to pay $3,200.00 monthly in alimony pendente lite to the Defendant. a. The Domestic Relations Conference was held July 29, 2009. b. The recommendation written by Conference Officer Shadday is dated August 14, 2009. c. The notice from the Domestic Relations Section provides that the parties have until September 7, 2009, to request a hearing de novo. 2. It is believed and therefore averred that Plaintiffs income/ earning capacity was calculated incorrectly, thereby reflecting an income greater than what the Plaintiff earns. 3. It is believed and therefore averred that Defendant's income/earning capacity reflects a lower income than she actually earns or is capable of earning. 4. The Interim Order was mailed to the Defendant on or after August 14, 2009. WHEREFORE, Plaintiff respectfully requests that the Interim Order not become final and that a hearing de novo be scheduled to occur before the Support Master. Respectfully Submitted, ABOM & KUTULAKIS, L.L.P. / .01W. Z5O ??- Date Kara W. Haggerty, sq Attorney I.D. No. 8 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 4uday of August, 2009, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Plaintiff's Petition for a De Novo Master's Hearing by First Class U.S. Mail addressed to the following: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033-0650 OF THc P, ' 'T '....1 OTAPY 2009 AUG 25 Pit ?: 09 Cow ©P-0 t At In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LORI A. HOFFMAN, ) Docket Number 08-3810 CIVIL Defendant/Petitioner ) vs. ) PACSES Case Number 211110180 TIMOTHY D. HOFFMAN, ) Other State ID Number Plaintiff/Respondent ) ORDER OF COURT You, Lori A. Hoffman, of 7 Garland Court, Carlisle, Pennsylvania are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, PA 17013 on the 201" of October, 2009, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: HOFFMAN v. HOFFMAN PACSES Case Number 211110180 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Z?n Date of Order: QT?a1 ]/,V J. esley Oler, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. FilEfJ-Cr R(Z OF THE PROTi "ON,MIARY 2009 SEP 14 PM 2: 26 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LORI A. HOFFMAN, ) Docket Number 08-3810 CIVIL Defendant/Petitioner ) VS. ) PACSES Case Number 211110180 TIMOTHY D. HOFFMAN, ) Other State ID Number Plaintiff/Respondent ) ORDER OF COURT You, Timothy D. Hoffman, of 35 Chelsea Lane, Carlisle, Pennsylvania are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, PA 17013 on the 20'h of October, 2009, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: V HOFFMAN v. HOFFMAN PACSES Case Number 211110180 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: e v 01 1 't"?q J. esley Oler, Jr. JUDGE YOU HAVE THE RIGHT TO A LAWYER. WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. FILED--t: HRCE OF THE RR` 1"''N NARY 2009 SEP 14 PM 2: 21 OM & LILAKIS Kara W. Haggerty, Esquire Attomey I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-09(10 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on June 27, 2008. 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. 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. §4904 relating to unsworn falsification to authorities. Date: 1 I/ s o l 74//,? TIMO Y D. HOFF N FILEDI- t RCE OF THE T'-?'NOTARY 2009 NOV -6 PPS 3: 56 CUC?a u? ,ABOM & U ULAKIS Kara W. Haggerty, Esquire Attomev I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-09(X) TIMOTHY D. HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. LORI A. HOFFMAN, Defendant NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 if I do not claim them before a divorce is granted. 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. X4904 relating to unsworn falsification to authorities. Date: I S ?D 9 6 TIMOT D. HOFFAKN FILED--OF s^F OF FI-IF PROI ?- NIOTARY 2009 NOV -6 PM 3: 55 PE 1"'I r,!,SYDv'Al"4'iA TIMOTHY D. HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 08-3810 LORI A. HOFFMAN, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on June 27, 2008. 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. 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. /7 Date: LOR A. HOFFMAN FILED- r IVC OF THE PP" Mr4ONOTAPY 2009 NOV -6 Pik 3: 5& PIE-NNS'r'L11ANI j. TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 if I do not claim them before a divorce is granted. 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. §4904 relating to unsworn falsification to authorities. Date: lz LOR A. HOFFMAN FILED=u?r-IC OF THE PPOT' 'IDNMARY 2009NOV --6 PM 3: 5 6 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN LORI A. HOFFMAN AND TIMOTHY D. HOFFMAN John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Lori Hoffman Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Telephone: (717) 249-0900 Counsel for Timothy D. Hoffman MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this C j day of 2009, by and between LORI A. HOFFMAN and TIMOTHY D. HOFFMAN. WITNESSETH: WHEREAS, Timothy D. Hoffman (hereinafter called "Husband") currently resides at 35 Chelsea Lane, Carlisle, Pennsylvania 17015; WHEREAS, Lori A. Hoffman (hereinafter called "Wife") currently resides at 7 Garland Court, Carlisle, Pennsylvania 17013; WHEREAS, the parties hereto are husband and wife, having been lawfully married on April 3, 2004; WHEREAS, the parties have lived separate and apart since on or about June 27, 2008; WHEREAS, no children were born of the marriage between the parties; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not 1 molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither parry will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Kara W. Haggerty, Esquire, his counsel, and Wife has secured legal advice from John J. Connelly, Jr., Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law 2 and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania to Docket No. 08-3810. The parties agree that, upon the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a certified copy of the Decree. 3 5. EQUITABLE DISTRIBUTION. A. Real Estate. (1) Husband owned prior to marriage the property located at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. The parties acknowledge Wife has a marital interest in said property and by the execution of this Agreement is waiving that marital interest. Husband shall retain this as his sole and separate property and shall indemnify and hold Wife harmless on any obligations related thereto. (2) The parties sold a jointly titled townhouse located at 1329 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania. The proceeds from the sale of this property are being held in a joint escrow account at Orrstown Bank with said account having a balance of approximately $10,880.00. Upon execution of this Agreement, Wife shall receive the entire balance from the said account as partial equitable distribution of marital property. Husband shall be entitled to claim any tax benefit derived from the payment of the mortgage on the Georgetown Circle townhouse for the tax year 2009. Since the parties have been advised by their accountant there is a loss on the sale of the property, Husband shall also be entitled to use as a deduction now or in the future and a loss generated by the said sale. However, in the future, should it be determined that there is any capital gain tax due on the sale of the real estate, Husband will be responsible for that tax as well. (3) All other real estate owned by Husband either directly, through a corporation, or in conjunction with others, shall remain his sole and separate property. B. Payments. In addition to the transfer of the Orrstown Bank escrow account referenced in paragraph 5(A)(2) hereof, Husband shall pay to Wife in the form of equitable distribution the following: (1) Husband shall pay to Wife, for the months of October, November and December 2009, the sum of $2,500.00 per month payable on the first day of the month. The payments for the months of October and November shall be paid at the time of the execution of this Agreement and shall not be considered delinquent when paid. 4 (2) The sum of $2,050.00 per month beginning January 1, 2010 for a period of twenty-seven (27) months. The said monthly payments shall be due no later than the tenth (10th) day of each month and thereafter shall be subject to a $10.00 per day penalty for failure to pay timely in addition to any other remedies contained herein. Husband further agrees that he shall not take any steps to discharge the said obligations set forth above to Wife in bankruptcy and in the event he attempts to do so, shall be responsible for any and all attorneys' fees incurred by Wife to make a claim to the said monies. In the event of a bankruptcy filing by Husband, the balance due to Wife at that time shall be escalated and payable in full. Husband's obligations provided for in this Agreement are of the type specifically described in 11 U.S.C. 523(a)(15) and, as such, are non- dischargeable in any proceeding brought under Title 11 U.S.C. (the "United States Bankruptcy Code"). All payments made to Wife hereunder shall be considered equitable distribution and shall have no tax consequence to Wife nor deductibility to Husband. C. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. Notwithstanding the provisions set forth above, the parties agree that Wife shall receive the dining room table, leaf insert and two (2) remaining chairs which shall be given to Wife on or before November 13, 2009. D. Motor Vehicles. Each parry shall retain any motor vehicles in their name individually or in the name of any companies owned by them. E. Life Insurance. Each party shall retain any life insurance policy in their individual name subject only to the provisions contained in paragraph 10 of this Agreement. 5 F. Pension and Retirement Benefits. Each party shall retain any pension and/or retirement benefits in their own name individually free from the claim of the other. In the event necessary, each party shall execute documents to waive said claim. G. Bank Accounts. The parties have divided any bank accounts owned between them to their mutual satisfaction. Each party shall retain any bank account in their names individually. H. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. L Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 6 6. MARITAL DEBT. Husband has acknowledged that the only debt on which Wife's name appears is an obligation through Orrstown Bank for his corporation. Husband further confirms that Wife's name has been removed from the above-referenced debt or the debt has been satisfied. Husband shall indemnify and hold Wife harmless on any debts arising from the marriage for which she may or could have a responsibility. Said indemnification shall include payment of any attorneys' fees necessary to defend a claim against her for any such debt. A. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. B. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. C. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. D. Warranty as to Future ObliEations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only 7 those credit cards and accounts for which that parry is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each parry hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 8. ALIMONY PENDENTE SITE. Husband is currently paying alimony pendente lite through the Court of Common Pleas, PACSES Case No. 211110180. The initial Order in this matter dated December 5, 2008, required Husband to pay the sum of $2,000.00 per month to Wife. A subsequent Order was entered effective July 1, 2009 which modified the alimony pendente lite payment to $3,200.00 per month. Both parties appealed and there is an appeal pending before the Support Master in Cumberland County. The parties agree that Husband's alimony pendente lite obligation shall be calculated at a rate of $2,000.00 per month through the September 2009 payment. The Order shall terminate effective September 30, 2009 and any arrears or credits existing at the time the Order is terminated shall be adjusted between the parties. In the event Husband has a balance due to Wife on the $2,000.00 Order through the end of September 2009, he shall pay it to her in addition to his October payment set forth in paragraph 8 of the Agreement. In the event Wife owes money back to Husband as a credit, Wife shall pay it to Husband at the same time. 9. HEALTH INSURANCE. Husband shall fully cooperate with Wife in securing health insurance through COBRA. Any steps that Husband must take which are necessary to 8 complete the application for COBRA coverage shall be done in a timely fashion. Husband further agrees that he shall pay this COBRA coverage for a period of nine (9) months beginning the first month in which the coverage is instituted. The monthly amount of Wife's COBRA coverage shall be paid to Wife by Husband at least five (5) days prior to the date in the month when the payment is due. Said payment shall have no tax impact on Wife or Husband. 10. LIFE INSURANCE. Husband shall secure a life insurance policy in the amount of $56,700.00 insuring Husband's payments to Wife under the terms of this Agreement. The said coverage shall remain in effect until the balance due to Wife herein is paid in full. The beneficiary designation on said policy shall be irrevocable and Husband shall not be entitled to cancel the said policy until the completion of his financial obligations under this Agreement. Husband acknowledges that he has applied for a life insurance policy in the amount set forth above through Erie Family Life Insurance and shall, immediately upon receipt, provide confirmation that the policy is in effect the beneficiary designation is irrevocable and the policy cannot be canceled consistent with the terms of this Agreement. 11. SECURITY FOR PAYMENT. Husband agrees that he shall execute a Promissory Note in favor of Wife in the sum of Sixty-two Thousand Eight Hundred Fifty Dollars ($62,850.00). A copy of the said Note is attached hereto and marked as Exhibit "A". In the event of default by Husband under the terms and conditions of paragraph 8 hereof, Wife shall have the right to institute collection on the said Promissory Note pursuant to its terms and conditions. In the event the Note is recorded, Wife agrees to satisfy the obligation at the time of the completion of the payments required under this Agreement. 12. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and 9 shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 13. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 14. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds thereof in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation 10 under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement, with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either parry may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as otherwise set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her 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 of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this 11 Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or inequity, which either parry ever had or now has against the other. 15. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 16. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 17. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 18. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 19. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 20. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be accomplished by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Timothy D. Hoffinan 35 Chelsea Lane Carlisle, PA 17015 12 and to Wife, if made or addressed to the following: Lori A. Hoffman 7 Garland Court Carlisle, PA 17013 Notice shall be deemed to have occurred upon the date received by the recipient. Each parry may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 21. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 22. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 23. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 24. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 25. 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. 13 26. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties hereto. 27. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 28. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable, to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that parry shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 29. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and, in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 14 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date hereinabove set forth. WITNESS WITNESS Lori A. Hoffman r T-- " ?-/ r Timoth D. Hoffman COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this to '4?\ day of , 2009, before me, the undersigned officer, personally appeared LORI A. HOFFMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOTARY PUBLIC CommonwealthPenns Ivania NOTARIAL. SEAL DEEC RAt t t... F°tyt I Notary public Mecharnt =1? , >?t' 'iy of Cumberland COMMONWEALTH OF PENNSYLVANIA My o`°?' *Plrps June tt, 2010 SS. COUNTY OF CUMBERLAND On this day of Jy'd g l ?.-t- , 2009, before me, the undersigned officer, personally appeared TIMOTHY D. HOFFMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. 117iml-y- /JL U? NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA 1 Sham Nowlal Sal Shannon L. F eenw, Notary public carble 9oro, ct N A- County 15 My COM* ion 7.2018 Member. Pennsylvania Assodation of Notaries PROMISSORY NOTE In consideration of value received, the undersigned, Timothy D. Hoffman, (hereinafter referred to as "Husband"), promises to pay to the order of Lori A. Hoffman, (hereinafter referred to as "Wife"), in lawful money of the United States of America, the principal sum of SIXTY-TWO THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($62,850.00), as follows: (a) Two Thousand Five Hundred Dollars ($2,500.00) per month for the months of October, November and December 2009; and (b) Two Thousand Fifty Dollars ($2,050.00) per month for the months of January 2010 through March 2012. The said payments are due on the first (1S) of each month and shall be considered in default if paid beyond ten (10) days of the due date. In the event of a late payment, Husband shall be responsible for a Ten Dollars ($10.00) per day late charge. In the event of default (payment beyond the first ten (10) days of each month when due, the entire unpaid balance of the aforementioned obligation shall be due in full. Husband shall also be responsible for statutory interest and late payments, costs of suit and actual attorneys' fees expended in the collection of the total indebtedness. The aforementioned sums shall be immediately due and payable, and suit may be immediately commenced by Wife against Husband in the Court of Common Pleas Cumberland County, Pennsylvania. Any failure by Wife to exercise any rights she has under this Note shall be deemed a waiver of any such rights or of any default hereunder. This obligation shall bind Husband and his heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to Wife and her heirs, executors, administrators, successors and assigns. This Note may be paid in full without penalty charges. This Note evidences a financial obligation for equitable distribution to Wife under the terms of a Prpperty Settlement Agreement entered into between the parties on the Lt-day of h l ,? ?/ (iiY1 ?D?? , 2009. Witness the due execution hereof the day and year first above wri en. (SEAL) WITNESS Tim y D. Hoffin ,Husband ?C WITNESS 1?4k a . do?t? (SEAL) o A. Hoffrnan, W e OF THE PFC., , I?_NT ARY 2D09 NOV --6 Phi 3-, 16 OM & &U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle. PA 17013 (717) 249-0900 TIMOTHY D. HOFFMAN, Plaintiff V. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3810 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §13301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. Personal Service on Lori A. Hoffman by Timothy D. Hoffman, as evidenced by Acceptance of Service filed on July 15, 2009. 3. Date of execution of the Affidavit of Consent required by §§3301(c) of the Divorce Code: a. by Plaintiff. November 5, 2009; by Defendant: November 6, 2009. 4. All economic claims previously raised have been settled by filing of the Marital Settlement Agreement dated November 6, 2009. 5. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: November 6, 2009; by Defendant: November 6, 2009. DATE Respectfully submitted, ABom &KUTULA"S, L.L.P Kara W. Haggerty, Esquire Supreme Court ID #8 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint rr y U 1'3'r r s % TIMOTHY D. HOFFMAN, Plaintiff VS. LORI A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 3810 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this / day of /4l4e4t , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 6, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY T E COURT, Edgar B. Bayley, P.J. cc: ? Kara W. Haggerty Attorney for Plaintiff ./ John J. Connelly, Jr. Attorney for Defendant C©pt" "latlfcl? I _ ???_ - ,- - ., f -._ _. TIMOTHY D. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-3810 CIVIL TERM LORI A. HOFFMAN, IN DIVORCE Defendant/Petitioner PACSES CASE: 211110180 ORDER OF COURT AND NOW to wit, this 9th day of November, 2009, it is hereby Ordered that the Alimony Pendente Lite Order is terminated, effective October 1, 2009, pursuant to the parties' Marital Settlement Agreement of November 6, 2009. There is a remaining balance of $1,096.44 that is owed to the Petitioner and is to be paid by the terms of the parties' agreement. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party tiles a written demand with the Prothonotary's Office for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Kara W. Haggerty, Esq. John J. Connelly, Jr., Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: now 1 7 P* ? as TIMOTHY D. HOFFMAN V. LORI A. HOFFMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3810 civil DIVORCE DECREE AND NOW, _kl &,4 . Z 9 , 0 t , it is ordered and decreed that TIMOTHY D. HOFFMAN plaintiff, and LORI A. HOFFMAN defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marital Settlement Agreement dated November 6, 2009, is incorporated but not merged. J. onotary By the Court, /1. t 1; 1 -o? Dpi