Loading...
HomeMy WebLinkAbout09-6057PAULA HOFFMAN, PLAINTIFF VS. DEAN PAUL HOFFMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA . NO. 09 - 6,05 17 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 PAULA HOFFMAN, PLAINTIFF VS. DEAN PAUL HOFFMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. c19- 6 o ?Y7 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, PAULA HOFFMAN, by and through her counsel, Susan Kay Candiello. Esouire. of the Law Firm of Susan Kav Candiello. P.C.. and makes the following consolidated complaint in divorce for divorce,4u61C%-t)s?VA 1. Plaintiff' is PAULA HOFFMAN, an adult individual, who resides at 4184 Cove Court #101, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is DEAN PAUL HOFFMAN. an adult individual. who resides at 3602 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17050. 3. Plaintiff and Defendant have been bona fide reside--; least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on May 27, 2005. 5. There have been no prior actions of divorce or for annulment between, : except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant were members of the United States Military Service. 9. Plaintiff and Defendant have two (2) children from their marriage, GRACE ANN HOFFMAN, born July 22, 2007 and HANNAH MARIE HOFFMAN, born on September 29, 2005. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated by reference herein. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, PAULA HOFFMAN, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT H - DIVORCE UNDER SECTION 3301(x)(2) OF THE DIVORCE CODE ADULTERY 12. Paragraphs 1 through 11 are incorporated by reference herein. 13. The Defendant has committed acts of adultery with at least one female during the marriage, the most recent woman, specifically, SARA, in violation of his marital vows. WHEREFORE, the Defendant, PAULA HOFFMAN, respectfully requests this Honorable Court enter a Decree in Divorce. COUNT III - DIVORCE UNDER SECTION 3301(a)(3) CRUEL AND BARBAROUS TREATMENT 14. Paragraphs 1 through 13 are incorporated by reference, herein. 15. Defendant has by cruel and barbarous treatment endangered the life and/or health of the Plaintiff, the innocent and injured spouse. WHEREFORE, the Plaintiff, PAULA HOFFMAN, respectfully requests this Honorable Court enter a Decree in Divorce. COUNT IV - DIVORCE UNDER SECTION 3301(a)(6) INDIGNITIES 16. Paragraphs 1 through 15 are incorporated by reference, herein. 17. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to place her physical and mental health in jeopardy creating physical and mental conditions intolerable and life burdensome. WHEREFORE, the Plaintiff, PAULA HOFFMAN, respectfully requests this Honorable Court enter a Decree in Divorce. COUNT V - ALIMONY 18. Paragraphs 1 through 17 are incorporated by reference, herein. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to sufficiently support herself through appropriate employment. 21. Defendant has sufficient income and assets to provide continuing and indefinite support for Plaintiff. WHEREFORE, the Plaintiff, PAULA HOFFMAN, respectfully requests this Honorable Court compel the Defendant to pay alimony to the Plaintiff. COUNT VI - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 22. Paragraphs 1 through 21 are incorporated by reference, herein. 23. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 24. Plaintiff is without sufficient funds to support herself and the children and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself and the children during the pendency of this action. 25. The Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 26. The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, the Plaintiff, PAULA HOFFMAN, respectfully requests this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiff's counsel fees, costs and expenses. COUNT VII - REQUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 27. Paragraphs 1 through 26 of this Complaint are incorporated herein by reference thereto. 28. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, PAULA HOFFMAN, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT VIII - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 29. Paragraphs 1 through 28 of this Complaint are incorporated herein by reference thereto. 30. The parties are the parents of the following minor children who reside with the Plaintiff at this time: NAME AGE SEX DATE OF BIRTH GRACE ANN HOFFMAN 1 year Female July 22, 2007 HANNAH MARIE HOFFMAN 3 years Female September 29, 2005 31. During the past four (4) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM / TO Plaintiff and Defendant Plaintiff 3602 Golfview Drive Mechanicsburg, PA 4184 Cove Court, # 101 Mechanicsburg, PA September, 2005 to September 4, 2009 September 4, 2009 to Present 32. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 33. There are no other proceedings pending involving custody of the children in this or any other state. 34. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 35. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of their children. WHEREFORE, Plaintiff, PAULA HOFFMAN, requests taus Honorable Court grant Plaintiff, PAULA HOFFMAN, and Defendant, DEAN PAUL HOFFMAN. Shared Legal HOFFMAN and Plaintiff. PAULA HOFFMAN. Primary Physical Custody and Defendant. DEAN PAUL HOFFMAN. Partial Physical Custody. of the children. GRACE ANN Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO. P.C. Dated: September, 2009 (Z?m C - flo - usan ay Can a 're Counsel for Plai PA I.D. # 64998 4010 Gienfinnan Place Mechanicsburg PA 17055 (7171 7)d_')')7R ,._ ,._.__._ VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: PA LA HOFFMAf4 OF TI-t MARY 2069 SEP -4 PH I: s f?SY'!.?'Ai?ltA 4518.50 Po ATrq C?? 1358 , . G. ??. ;: awe PAULA HOFFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEAN PAUL HOFFMAN DEFENDANT 2009-6057 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 11, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 01, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. Verney, Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Rl OF THE ?r,; ;,,,_fTARY 2009 SEA' 14 AM 10: 0 6 INT CUN , J , yr oere?. -?6 I-Orl fVOR I- Ccg, 4t? ? ca (20 Py p L%tcfc-- .U Rely J• U?r? ?(?, } PAULA HOFFMAN, : IN T Plaintiff : CUP V. : NO. DEAN PAUL HOFFMAN Defendant : IN AND NOW. this 2" d day of Octol reconciled, the Conciliator h reby relinq COURT OF COMMON PLEAS OF RLAND COUNTY, PENNSYLVANIA 9-6057 CIVIL ACTION - LAW 2009, being advised that the parties have es jurisdiction in this matter. FOR ,z COURT, Y 1line M. Verney, Esquire, Cus dy Conciliator ? THt PROTH TARP 2009 OCT -5 AM 11:05 cum, u'ti `( y4 ?M f y= P F , 0 TN011 011-110 TA k' 2911 SEP 12 AM 11: 2 L, PAULA HOFFMAN,?e.?? RLAND CQJr`[E COURT OF COMMON PLEAS PLAINT?NSYLVAN K CUMBERLAND COUNTY, : PENNSYLVANIA VS. DEAN PAUL HOFFMAN, DEFENDANT NO. 2009-6057 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on September 9, 2011, comes, SUSAN KAY CANDIELLO, who states as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Paula Hoffman, Plaintiff in the above-captioned matter. 3. On September 10, 2009, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7008 3230 0002 2517 9193, and addressed to the Defendant, Dean Paul Hoffman, 3602 Golfview Drive, Mechanicsburg, Pennsylvania, 17050. 4. The return receipt card signed by the Defendant, Dean Paul Hoffman, showing a date of service of September 17, 2009, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. ¦ Ctsr VMW Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse -so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: Yr\Y?? A. Sire X C a ko_. JL.t__ Od ? Agent B: Received by (Printed Name) I C. D. Is delivery address dinerent frorn item 1? 0 Yes If YES, enter delivery address below: ? No 3. type cernned Mail E3 Express Mart Reglamer 0 a Rsturn Raoelpt for Mercharrdise 0 Insured Mall O C.O.D. 4. Restricted DeNveryl Pft Fee) O Yes 2. A'ticleN1nibsr 7338 3233 0032 2517 9193 ( wMar Aon+ swvtos Nebel) PS Form 3811, February 2004 Domestic Return Receipt 109595-024A-1540 Exhibit "A"