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HomeMy WebLinkAbout08-5892Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 EMILY HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. L%- 589,4 0'iv("ITeM JODY HOFFMAN, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. 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 without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. 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 S. Bedford St. Carlisle, Pennsylvania 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plazo al partir de lag fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abagado y archival en la corte en forma excrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si ustted no se defiende, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABAGADO INMEDIATAMENTE. SI NO TIENE ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCURENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford St. Carlisle, Pennsylvania 17013 (717) 249-3166 Emily Long Hoffman, Esquire Attorney I.D. #66307 P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Attorney for Plaintiff EMILY F. HOFFMAN, Plaintiff v JODY L. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Emily F. Hoffman who resides at 20 Mountain Lane, Enola, Cumberland County, PA 17025. 2. Defendant is Jody L. Hoffman who has resided at 6008 Twin Feather Run, Spring Hill, Tennessee, 37174, since approximately April 2008. 3. Plaintiff has been a bona fide resident 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 August 22, 1998. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. There is one minor child born of the marriage to wit Jody James Hoffman, born on March 15, 2000. 10. The Plaintiff avers that the marriage is irretrievably broken. Date: WHEREFORE, Plaintiff requests this Honorable Court enter a decree of divorce. Respectfully submitted, By: EMILY LO G H MAN, ESQUIRE Sup. Ct. I.D. # 66307 P.O. Box 11475 Harrisburg, PA 17108-1475 (, , C4 (717)233-1112 ?- SL C7 04 ?- ° ?r W ? W ?-;. fi'r' O ? r?? =. - -? W u) i w ?? yy N x - ???'....> ^, ? ? ? . _ . .? ?? ? ?"' "? Attorney I.D. #66307 P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Attorney for Plaintiff EMILY HOFFMAN, Plaintiff JODY HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5892 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 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. Section 4904 relating to unworn falsification to authorities. Date: Emily Long Hoffman, Esquire ,'IC OF RIE RY 2009 SEP 16 PM 2: 2 6 cuIM, ? 4il ; f Y Attorney I.D. #66307 P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 EMILY HOFFMAN, Plaintiff JODY HOFFMAN, Defendant Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5892 CIVIL TERM : 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: E ?FMAN Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff P.O. Box 11475 OF 11-11E ?;-i "- I -n ?AP'? 2094 SEP 16 NI 2: 26 L?,f ;;"' P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 EMILY HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5892 CIVIL TERM JODY HOFFMAN, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on OCTOBER 3, 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. Section 4904 relating to unsworn falsification to authorities. Date: k 18-6? 40;?7 JOD F AN CF THE i aOTARY 2099 SEP I G Pi i 2: 20" Emily Long Hoffman, Esquire Attorney I.D. 466307 P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 EMILY HOFFMAN, Plaintiff JODY HOFFMAN, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5892 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Y 1p Emily Long Hoffman, Esquire r Ll wr ;` py 2069 OCT 2+3 AN i i o 1 1 C?;i! 4 - ?A? ?0' MARITAL SETTLEMENT AGREEMENT r6e THIS AGREEMENT, made this /4?- day of , 200, by and between Emily Hoffman, of Marysville, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Jody Hoffman, of Spring Hill, Tennessee (hereinafter referred to as "HUSBAND"). The parties were married on August 22, 1998, Mechanicsburg, Pennsylvania. The parties wish to settle their equitable distribution property rights and all support rights including Alimony, APL and spousal support due to their separation and ultimate divorce. Thus, in consideration of the mutual promises and of consideration in the amount of One Dollar ($1.00), receipt 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. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside where they desire and to be free from interference by the other. 2. MUTUAL RELEASE: HUSBAND and WIFE each do release the other and the estate of such other from any claims any and all rights, title and interest, or claims in or against the property of the other or against the estate of such other, of whatever nature and wheresoever situated now and in the event that they obtain a divorce. Each parry hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE will file for a divorce in Dauphin County claiming that the marriage is irretrievably broken under Section 3301(c) and 3301(d) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code upon the other parties' request as necessary. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 4. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. Except as otherwise provided herein, the parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees. 5. REPRESENTATION BY COUNSEL: This Agreement has been prepared by EMILY L. HOFFMAN, Esquire, counsel for WIFE. HUSBAND has been advised that he may be represented by an attorney but has chosen not to obtain an attorney and is signing this Agreement by his own free will. The parties acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal Agreement or Agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each parry agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement. 6. PERSONAL PROPERTY: HUSBAND shall keep the property in his possession. WIFE shall keep the property in her possession. HUSBAND has no claim to the property belonging to WIFE. WIFE has no claim to the property belonging to HUSBAND. 7. RETIREMENT BENEFITS: HUSBAND will retain all retirement plans and benefits in his name. WIFE will retain all retirement plans and benefits in her name. WIFE agrees to waive any and all rights and interests she may have in HUSBAND's retirement accounts. HUSBAND agrees to waive any and all rights and interests he may have in WIFE's retirement accounts. 8. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2008 Ford Escape which is titled in HUSBAND's name shall become the sole and exclusive property of WIFE and HUSBAND shall continue to make the $476 monthly payments (as further set forth herein at Paragraph 12) until the car is paid and shall allow WIFE to have possession of the vehicle. When the car is paid in full, HUSBAND shall transfer the title of the vehicle to WIFE. (b) HUSBAND shall retain all other vehicles titled in his name. 9. DEBTS OF THE PARTIES: HUSBAND will pay for the debts in his name and WIFE will pay the debts in her name. The parties agree that there are no joint debts other than those as specified in the bankruptcy. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability associated with the debts in his name and WIFE agrees to indemnify and hold HUSBAND harmless from any and all liability associated with the debts in her name. 4 10. FULTON BANK LOAN: Fulton Bank has filed an action with Lancaster County which is docketed at CI-088435. This action was served on Husband and his employer, Earth to Air. Husband shall be solely responsible for all debts, costs and expenses related to this action and he agrees to indemnify and hold WIFE harmless from any and all liability associated with said debt. 11. CUSTODY: The parties are the parents of a minor child, Jody James Hoffman, born March 15, 2000. WIFE shall have sole custody of the minor child and HUSBAND shall have visitation with the minor child at all times that the parties agree provided HUSBAND gives WIFE reasonable notice. The parties shall coordinate the minor child's visitation through HUSBAND's parents' phone number 717-834-3684. In the event WIFE remarries, HUSBAND agrees to allow WIFE to hyphenate the minor child's last name to reflect WIFE's new married name. 12. CHILD SUPPORT: Beginning on February 1, 2009, HUSBAND shall pay to WIFE child support for the minor child in the amount of $1,700 per month and WIFE's monthly car payment in the amount of $476 which shall be paid directly to the car loan company. When the car loan is paid in full, HUSBAND shall make this monthly payment of $476 directly to WIFE. HUSBAND shall pay for the minor child's health insurance until 2010. If HUSBAND receives any shares or bonuses until January 1, 2013, he shall transfer one half of said share into a custodial account in the name of the minor child and WIFE. WIFE shall receive the funds as custodian for the minor child in the event that HUSBAND dies. The monies in this account are only to be used for higher education. In the event the child does not pursue higher education, then the money in the account will be disbursed to him on his twenty- fifth birthday. 13. ADDITIONAL PROVISIONS: A. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. B. Each of the parties shall, at the request of the other, execute, acknowledge and deliver to the other, immediately upon the other's request any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. C. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. D. This Agreement will be incorporated but not merged into the divorce decree. E. If either party breaches any provision of this Agreement, the other party shall 6 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. F. All amendments to this Agreement must be in the same form as this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. S- WI ESS WITNESS `SEAL) MIL OFF AL) J Y MA 7 "[ENNz55'EE- COMMONWEALTH OF PROis"T ) SS: COUNTY OF PA00-SWnJ ) 2(xol #"/ On this, the /9N day of R. , 210M, before me, a Notary Public, the undersigned officer, personally appeared JODY HOFFMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNP&WjjjEREOF, I hereunto set my hand and official A, DA V,& STAT OFE •• :0 TENNESSEE ' NOTARY ' ?j PUBLIC ` Not Public M10 IDA ??lll11.1111111M???`?`` COMMONWEALTH OF PENNSYLVANIA ) 1 ) SS: COUNTY OF ` C641.OC1 ) a o04 '-D On this, the 1_ day of ,m'00*, before me, a Notary Public, the undersigned officer, personally appeared EMILY HOFFMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein 8 contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not Public 00MMO . OF PENNSYLV au Notarial SaW Kristen S. Yeagisy, Wary PW* West Comwd Twp., Lebmw Coto* * Commission Ermines SW. 16, 2010 Member. Penns ih - .:.. ,-n" tnNgs of Notaries RL ! p L,90,o C0 F`;iiii• i 1 Ul"A Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 EMILY HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 5892 JODY HOFFMAN, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: served on Defendant by Acceptance of Service effective on October 4, 2008. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff. 8/31/2009; by defendant: 8/18/2009. b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: N/A. (2) Date of filing and service of the plaintiff s affidavit upon the respondent: N/A. 4. Related claims pending: None 5. a Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. b. Date plaintiff's Waiver of Notice was filed with the Prothonotary: 9/16/2009. Date defendant's Waiver of Notice was filed with the Prothonotary: October 9, 2009 *S??if?ulksubmitted, Emily Long -ftoffinan'4, squire Attorney for Plaintiff ^ i ARY ?t .tee 2' 0 e;i"iii E 1 I EMILY HOFFMAN V. JODY HOFFMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5892 DIVORCE DECREE AND NOW, ©67AP dG S , it is ordered and decreed that EMILY HOFFMAN plaintiff, and JODY 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.") None. The Marital Settlement Agreement dated February 13, 2009, is incotporated but not merged in this Decree. Attest: J. Prothonotary 60?, /jq 0. j,! 3-30 5 t..,TT., ?+ y