HomeMy WebLinkAbout05-3526
-.J
~ APPEL & YOST LLP
-::;. Julie B. Miller
:::: Attorney J.D. No. 88341
('..:J Thirty-Three North Duke Street
......... Lancaster, P A 17602
~ (717) 394-0521
a'~~
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ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
In Re: The marriage of
JENNIFER M. HOFFMAN
vs.
No. oS' - .:]~:21.o
(!t~lL ~~
NATHAN J. HOFFMAN
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 Lancaster County Courthouse, 50 North Duke Street, 2nd floor, Lancaster,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMA TION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y 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
2 LIBERTY AVENUE
CARLISLE, PA 717/249-3166
APPEL & YOST LLP
Julie B. Miller
Attorney LD. No. 88341
Thirty- Three North Duke Street
Lancaster, P A 17602
(717) 394-0521
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
In Re: The marriage of
JENNIFER M. HOFFMAN
vs.
No. OS- -3S;(,1.,.
C'utL. ~~
NA THAN J. HOFFMAN
COUNT NUMBER ONE _
COMPLAINT UNDER SECTION 3301 (c or d)
OF THE DOMESTIC RELATIONS CODE
1. Plaintiff is Jennifer M. Hoffman, who currently resides at 1758 Pelham Drive,
York, York County, Pennsylvania, 17402.
2. Defendant is Nathan J. Hoffman, who currently resides at 25 North Old
Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on October 13,2001, in DuBois,
Clearfield County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
HOFFMAN V. HOFFMAN
6. The marriage is irretrievably broken.
7. Plaintiff avers that she has been advised of the availability of counseling and that
she may have the right to request that the Court require the parties to participate in counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
COUNT NUMBER TWO _
EQUITABLE DISTRIBUTION
8. Paragraphs I through 7 of Plaintiffs Complaint are incorporated herein by
reference as though set forth in full.
9. Plaintiff and Defendant have legally and beneficially acquired property, both real
and personal, during their marriage from October 13,2001, until the present time.
10. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property to the date of the filing of this Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and
to order an equitable distribution thereof.
COUNT NUMBER THREE _
ALIMONY AND ALIMONY PENDENTE LITE
11. Paragraphs I through 10 of Plaintiffs Complaint are incorporated herein by
reference as though set forth in full.
12. Plaintifflacks sufficient property to provide for her reasonable means and is
unable to support herself through appropriate employment.
2
HOFFMAN V. HOFFMAN
13. Plaintiff requires reasonable support to adequately maintain herself in accordance
with the standard of living established in the marriage.
WHEREFORE, Plaintiff requests your Honorable Court to enter an award of reasonable
temporary alimony until final hearing and permanently thereafter.
COUNT NUMBER FOUR-
ATTORNEY'S FEES, COSTS AND EXPENSES
14. Paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by
reference, as though set forth in full.
15. Plaintiff has employed Julie B. Miller, and the firm of Appel and Yost, as counsel,
but is unable to pay the necessary and reasonable attorney's fees for said counsel.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an award of
temporary counsel fees, costs and expenses, until final hearing, and thereupon award such
additional counsel fees, costs and expenses as are deemed appropriate.
APPEL & YOST LLP
,
BY:
3
HOFFMAN V. HOFFMAN
VERIFICATION
I verifY that the statements made in this Complaint in Divorce are true and correct. I
understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.
94904 relating to unsworn falsification to authorities.
DATED: 1oJ,705
~~M-~aNV
IE I~ER M. FFMAN
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APPEL & YOST LLP
Julie B. Miller
Attorney 1.0. No. 88341
Thirty- Three North Duke Street
Lancaster, P A 17602
(717) 394-0521
ATTORNEYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JENNIFER M. HOFFMAN
VS.
No. 05-3526 Civil Term
NA THAN J. HOFFMAN
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under 9330I(c) of the Divorce Code was filed on
July 12,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the 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. 94904 relating to
unsworn falsification to authorities.
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APPEL & YOST LLP
Julie B. Miller
AttorneyI.D. No. 88341
Thirty-Three North Duke Street
Lancaster, P A 17602
(717) 394-0521
ATTORNEYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JENNIFER M. HOFFMAN
VS.
No. 05-3526 Civil Term
"
NATHAN J. HOFFMAN
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WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCED
UNDER &330J(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! 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 ofthe Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
Dated: 11- 3/- 6S"
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. NA 1\N J. OFFMAN
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APPEL & YOST LLP
Julie B. Miller
Attorney LD. No. 88341
Thirty-Three North Duke Street
Lancaster, P A 17602
(717) 394-0521 ATTORNEYS FOR PLAINTIFF
o
E~~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
'~':J) CIVIL ACTION - LAW
=';~:'::':'
l<ie;;;J1:NNIFER M. HOFFMAN
b;'~~n
ItfJJX2i1
r--~ VS. No. 05-3526 Civil Term
NATHAN J. HOFFMAN
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under 9330 I (c) of the Divorce Code was filed on
July 12,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the 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. 94904 relating to
unsworn falsification to authorities.
JJ /0 as
9UtYUJt~)A. II [I- j fm(UL-
JE lEER M. H<JFFMAN
Dated:
APPEL & YOST LLP
Julie B. Miller
Attorney LD. No. 88341
Thirty- Three North Duke Street
Lancaster, P A 17602
(717) 394-0521
ATTORNEYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JENNIFER M. HOFFMAN
VS.
No. 05-3526 Civil Term
NATHAN J. HOFFMAN
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER ~mO](c) OF THE DIVORCE CODE
I. 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! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary .
I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
Dated: II /0 05
CJO/LiV/tJv;f1 J-!tJj {maIL-.
JE~IFI}R M. HoJfFMAN
(API?f:L & YOST LLP
I Julie1B. Miller
f Attlrrney I.D. No. 88341
;,:.:[~ty- Three North Duke Street
"'<-ili,)lcaster, PAl 7602
.:',;;.:,J;i17) 394-052 J
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l~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JENNIFER M. HOFFMAN
VS.
No. 05-3526 Civil Term
NATHAN J. HOFFMAN
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF LANCASTER )
I, Julie B. Miller, being duly affirmed according to law, depose and says that:
I. On July 14,2005, a copy ofthe Complaint in Divorce in the above-captioned matter was
mailed to the Defendant by Certified Mail, Return Receipt Requested, Deliver to Addressee Only, at the
Defendant's last known address, as indicated on the attached mailing receipt.
2. That on July 18,2005, the Defendant received the aforesaid Divorce Complaint and the
mailing receipt and return receipt card evidencing the same are attached hereto and made a part hereof.
Affirmed and subscribed )
before me this ~lly of ;
~Qt~2005. :
0U\1ML?~;
Notary Public )
CQMMONWE
Tl:I OF PENN V,
Notarial
. Donna E Owen Seal
MCl~ of Llllicaste,. ~ t!.~ Public
Y OIIllnission E' ~ Courtly
Member. PennSYlvania ~ Apr. 15, 2006
.~n of Notaries
My Commission Expires:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JENNIFER M. HOFFMAN
VS.
No. 05-3526 Civil Term
NATHAN J. HOFFMAN
AFFIDAVIT OF SIGNATURE
COMMONW~L TH OF PENNSYLVANIA
COUNTY OF ,~[)LLp kt\V
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)
)
SS:
Jennifer M. Hoffman, being duly affirmed according to law, deposes and says that she has
examined the signature on the Return Receipt of the Post Office Department signed by Nathan J.
Hoffman, and that she is familiar with the signature of the said Defendant, and that the signature on that
card is the signature of the said Defendant.
Affirmed and subscribed
before me this Ib day
of Nov.. ,2005.
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M~~I~t:'~~AL
Amber J. Farner, Notary Public
City of Harrisburg. Dauphin County
My commiSSion expires June 25. 2006
2
HOFFMAN V. HOFFMAN
No. 05-3526 Civil Term
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. Sender: Please print your name, address, and ZIP+4 in this box.
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APPEL & YOST LLP
Julie B. Miller
Attorney LD. No. 88341
Thirty- Three North Duke Street
Lancaster, PA 17602
~~) 394-0521
In The Court of Common Pleas of Cumberland County, Pennsylvania
{~~"~:[\:'t
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I!~~:: JENNIFER M. HOFFMAN
(Plaintiff's name)
Civil
No. 05-3526 Civil Term
Vs.
Action in Divorce
NATHAN J. HOFFMAN
(Defendant's name)
AFFIDAVIT RE VITAL STATISTICS
Jennifer M. Hoffman being duly sworn (affirmed) according to law deposes and says that the following
facts are true and correct to the best of her knowledge and belief:
I. Name of Plaintiff. Jennifer M. Hoffinan
2. Age. 27 yrs.
3. Date and place of birth. 04112/78; Indiana, PA
4. Race. Caucasian
5. Ifwife, maiden name. Jennifer M. Wilt
6. Name of guardian. n/a
7. Residence. 1758 Pelham Drive, York, PA 17402
8. Length of Residence in Penna. life In Cumberland County. n/a
9. Occupation. Legislative Assistant
10. Place of Employment. Senate of Pennsylvania
11. Date of marriage. 10113/01
12. Place. DeB-ois; P A DLJ\'Jols
13. By whom married. Rev. Clarence Croscutt and Rev. Paul Wikerd
14.
15.
16.
17.
18.
\9.
20.
21.
22.
23.
24.
25.
Marriage license produced?
-b<m. All o.rhec\
Name of Defendant.
tie. ~r5 Why not?
Nathan J. Hoffman
Age.
28 yrs.
Date and place of birth.
12/04176; Allentown, PA
Race.
Caucasian
Ifwife, maiden name.
n/a
Name of guardian.
n/a
Residence.
25 N. Old Stonehouse Rd., Carlisle, PA 17013
Length of residence in Penna.
Life
In Cumberiand County. unknown - more than I yr.
Occupation.
Environmental Scientist
Place of employment.
URS Corporation
Prior marriages.
n/a
How terminated. nla
26.
Is Defendant in military service?
No.
27.
Number of children by this marriage.
o
28.
Number of dependent children under 18 years.
n/a
29.
Name, age and residence of each child.
n/a
30.
Number of children in custody of husband n/a
wife n/a other n/a
31. Does the above information correspond exactly with your marriage license and the Complaint?
Yes.
~ lA. H1f~
JE . IFE* M. HO MAN
Sworn to and subscribed
before me this II> day of
My Commission Expires:
N
be typed or printed.
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I APPEL & YOST LLP
, . Jufie B. Miller
! Attorney ID, No. 88341
.,
J Thirty-Three North Duke Street
) Lancaster, P A 17602
. d (717) 394-0521
'~ ''':~
ATTORNEY FOR PLAINTIFF
~ ,. ,'~
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JENNIFER M. HOFFMAN
PRAECIPE
In the Court of Common Ple8s of Cumberhmd County
VS.
No. 05-3526 CIVIL
NATHAN J. HOFFMAN
TO THE PROTHONOTARY:
Kindly withdraw the claims for equitable distribution, alimony and alimony pendente lite,
and attorney's fees, costs and expenses as the parties entered into an Agreement.
Prothonotary
To
November 14.2005
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-' Julie B. Miller
Attorney I.D. No. 88341
~ Thirty-Three North Duke Street
Lancaster, P A 17602
C; (7,17) 394-0521
t --
j ~ JENNIFER M. HOFFMAN
o
vs.
In the Court of Common Pleas
of Cumberland County
No. 05-3526 CIVIL TERM
AFFlDA VlT THAT THE DEFEN DANT IS
NOT IN THE MlLIT AR Y SERVICE, PURSUANT
TO "SOLDIERS AND SAILORS" CIVIL RELIEF
ACT OF 1918. RE-ENACTED 1940.
NATHAN J. HOFFMAN
LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Jennifer M.
Hoffman Who being duly sworn according to law, doth depose and say that Nathan J. Hoffinan the Defendant is not
in the Military or Naval Service, based on the following facts: Age of Defendant 28 vrs.: Present place of
employment URS Corporation; Present place of Residence 25 N. Old Stonehouse Rd.. Carlisle. FA 17013 as of
the date of this Affidavit.
ADDITIONAL FACTS. IF ANY.
, N~k\~~-------
Sworn and subscribed to before me this JIf day of ~__, 2005
~D~~
-
NOTARIAL SEAL
Amber J. Farner, Notary Public
City of Harrisburg, Dauphin County
My commission expires June 25, 2006
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APPEL & YOST LLP
E;laine G. Ugolnik
Attorney LD. No. 56057
Thirty-Three North Duke Street
Lancaster, PAl 7602
~717) 394-0521
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATTORNEYS FOR PLAINTlFF
JENNIFER M. HOFFMAN
PLAINTIFF
VS.
, )
)
) No. 05-3526 Civil Term
)
, )
PRAECIPE TO TRANSMIT RECORD
NA THAN J. HOFFMAN
To The Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a divorce decree:
1.
Ground for divorce:
irretrievable breakdown under ~3301(c) of the divorce code.
2. Date and manner of service of the complaint:
07114/05 and received bv him on 07118/05.
Sent to the Defendant bv certified mail on
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 lIllO/OS
by Defendant 10/31/05
n/a;
(b)(I) Date of execution of the Plaintiffs Affidavit required by ~3301(d) of the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the Defendant: n/a
4. Related claims pending: None.
5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy
of which is attached, if the Decree is to be entered under ~3301(d)(I)(i) of the Divorce Code.
(Complete either (a) or (b))
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached. n/a.
(b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary:
11114/05.
11/07/05.
Date Defendant's Waiver of Notice i 93
Prothonotary:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
JENNIFER M. HOFFMAN
PENNA.
STATE OF
05-3526 CIVIL TERM
No.
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VERSUS
NATHAN J. HOFFMAN
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DECREE IN
DIVORCE
AND NOW,
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,.;oO~, IT IS ORDERED AND
JENNIFER M. HOFFMAN
, PLAI NTI FF,
DECREED THAT
NATHAN J. HOFFMAN
, DEFENDANT,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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NO CLAIMS.
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ATTEST:
PROTHONOTARY
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