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HomeMy WebLinkAbout05-5985 . Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court ID# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L, HOFFLER, Plaintiff NO. OJ --.5tJ'i7) CIVIL TERM v. CIVIL ACTION - LAW. CASSANDRA L. HOFFLER, Defendant 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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, 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 PROVIDER 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 17013 Telephone No. (717) 249-3166 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L, HOFFLER, Plaintiff NO. CIVIL TERM v. CIVIL ACTION - LAW. CASSANDRA L. HOFFLER, Defendant DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, de be tomar accion con prontitud, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte, Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidadas 0 rompimiento irreparable deL matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en La York County Judicial Center, 45 North George Street, York, Pennsylvania 17401, SI USTED NO RECLAMA PENSION ALlMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L. HOFFLER, Plaintiff 'Df' /' NO, 0 ~/, .5 r .5 CIVIL TERM V. CIVIL ACTION- LAW CASSANDRA L. HOFFLER, Defendant DIVORCE COMPLAINT Plaintiff, Ronald L. Hoffler by attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff is Ronald L. Hoffler, an adult individual who currently resides 124 Woods Drive, Lot 11A, Mechanicsburg, Cumberland County, PA 17050 since March 2005. 2. The Defendant is Cassandra L. Hoffler, an adult individual residing at 25 W. Locust Street, mechanicsburg, Cumberland County, PA 17055 since 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4, Plaintiff and Defendant were married on August 5, 1995 at Mechanicsburg, Cumberland County, PA. 5. Plaintiff avers that there are children under the age of eighteen (18) born of the marriage, namely, to wit: Emily Hoffler, born March 5, 1997. 6. There have been no prior actions of divorce or annulment between the parties. 7, 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 counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. -1- 9. Plaintiff avers that the grounds on which the action is based are: A. Section 3301 (c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301 Id) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 10, Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, ~ I L1FF, ESQUIRE ad 1701 1 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -2- VERIFICATION RONALD L. HOFFLER verifies that the statements made in this Complaint are true and correct. RONALD L. HOFFLER understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. /), J7'~- f-::..tiy?..L"d J. ~. /J . -, RONALD L. HOFFLER Date: J)- h- - c 5- -3- C') ,...."7- - \t> f',;:.,' , l ~ ~ '-... C' -n ~ 0\, "'-' , (;\ ..,,~ IS ~r' ~ \ \TI ~, (,\ ~ ........ CJ 0 '\ ~ '-.i ~ ~ "J '" -- ' " _.-,' " .-." , ",", ~ ~ " - .. }J ~~ ."-~ _r:-~ : ~'.:; '/J ~ .-( "- - ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L. HOFFLER, Plaintiff NO. 05-5985 CIVIL TERM v, CIVIL ACTION- LAW CASSANDRA L. HOFFLER, Defendant DIVORCE ACCEPTANCE OF SERVICE I, Cassandra L. Hoffler, the Defendant in the above captioned action, hereby accept service of the Complaint duly endorsed with a Notice to Plead, which Complaint was filed in the above captioned matter on November 18, 2005. Date: II. ;).\. c 5 ('r ~,,-~ L \+b~ cassandra L. Hoffler 25 W. Locust Street Mechanicsburg, PA 17055 "", ~. ,'." \.J,l c,) C'~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA SHANNON STEBBINS, Plaintiff * NO. 05-5985 Civil Term * * v. * CIVIL ACTION - LAW IN DIVORCE * * ANTHONY STEBBINS, Defendant * * PETITION TO SCHEDULE CUSTODY CONCILIATION CONFERENCE AND NOW, comes Plaintiff, Shannon Stebbins, by and through her attorney, Thomas M. Clark, Esquire of Wiley, Lenox, Colgan & Marzzacco, p,c., and files the instant Petition to Schedule Custody Conciliation Conference, and in support thereof, avers as follows: I, The Plaintiff is Shannon Stebbins, who currently resides at 504 Hogestown Road, Mechanicsburg, Cumberland County, Perrnsylvania, 17050, 2, The Defendant is Anthony Stebbins, who currently resides at 504 I-Iogestown Road, Mechanicsburg, Cumberland County, Perrnsylvania, 17050, 3, On November 17, 2005, Plaintiff filed a Divorce Complaint (Docket No, 05-5975) with the Cumberland County Court of Common Pleas, A copy of the Divorce Complaint is attached to this Petition, Count III of the Divorce Complaint sets out Plaintiffs claim for Custody of the parties' minor child, 4, Plaintiff seeks primary physical custody of the following child: Hannah Stebbins, born on January 12,2005. The child was born out of wedlock, During the past five (5) years, the child has resided with the following persons at the following addresses: A. From birth until present, Hannah Stebbins has resided at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, with both the Plaintiff and the Defendant. The mother of the child is Shannon Stebbins, who is currently residing at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, She is married, The Father of the child is Anthony Stebbins, who is currently residing at 504 Hogestown Road, Mechanicsburg, Pennsylvania, 17050, He is married, 6, The relationship of Plaintiff to the child is that of Mother. 7. The relationship of Defendant to the child is that of Father. 8, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9, The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the minor child, 10, Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action, WHEREFORE, Plaintiff respectfully requests This Honorable Court to grant primary physical custody of the minor child to the Plaintiff. Respectfully submitted, WILEY, LENOX, COLGAN &MARZZACCO, P.c. Dated: /2.-?1 .".- f~- Thomas M, Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 J.D, # 85211 EXHIBIT A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHANNON STEBBINS, Plaintiff * NO. 0 ~ - [;({<{S C /U L 't-82-. "YJ * * v. * CIVIL ACTION - LAW IN DIVORCE * * ANTHONY STEBBINS, Defendant * * 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 THA TIF YOU FAIL TO DO SO, TIIE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAYBE 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 TIIE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN, WHEN TIIE GROUND FOR THE DIVORCE IS INDIGNITIES OR lRRETRIEV ABLE BREAKDOWN OF TIlE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF TIIE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY, LA WYER=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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 0 ,..., ""-> 0 c: = <- c.n -11 (T Z .-j 0 :r: <: fn~ \:1'-'; -..J ::nG F) I ~-:i ~-d , -v (-s :ij , .. 3: ."'0 , -- W Bl-n ..c" -., :~ Ul ;? .D -< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA SHANNON STEBBINS, Plaintiff * NO. * * v. * CIVIL ACTION - LAW IN DIVORCE * * * ANTHONY STEBBINS, Defendant * COMPLAINT COUNT I - DIVORCE UNDER &3301(c) or &3301(d) OF THE DIVORCE CODE }, The Plaintiff is Shannon Stebbins, who currently resides at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, 2, The Defendant is Anthony Stebbins, who currently resides at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six rnonths immediately previous to the filing of this Complaint. 4. 5. 2005. 6. 7, 8, Plaintiff and Defendant were married on March 26, 2005 in York County, Pennsylvania, The parties are the parents of one (I) minor child: Hannah Stebbins, born on January 12, There have been no prior actions of divorce or for annulment between the parties. Neither party is presently a member of the Armed Forces on active duty. The parties have not entered into a written agreement as to alimony, counsel fees, costs, or property division, 9. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued, 10, The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) g3301(c). The marriage of the parties is irretrievably broken; and (B) g3301 (d), The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years, 11. Plaintiff requests This Honorable Court enter a Decree of Divorce, WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT III - CUSTODY 12, Paragraphs one (1) through thirteen (11) are incorporated herein by reference as if set forth in full. 13, Plaintiff seeks primary physical custody of the following child: Hannah Stebbins, born on January 12,2005, The child was born out ofwedJock. During the past five (5) years, the child has resided with the following persons at the following addresses: A. From birth until present, Hannah Stebbins has resided at 504 Hogestown Road, Mechanicsburg, Cumberland County, Peunsylvania, 17050, with both the Plaintiff and the Defendant, The mother of the child is Shannon Stebbins, who is currently residing at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, She is rnarried. The Father of the child is Anthony Stebbins, who is currently residing at 504 Hogestown Road, Mechanicsburg, Pennsylvania, 17050, He is married, 14, The relationship of Plaintiff to the child is that of Mother. 15, The relationship of Defendant to the child is that of Father. 16, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 17, The best interest and permanent welfare of the child will be served by granting Plaintiff prirnary physical custody of the minor child, 18, Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests This Honorable Court to grant primary physical custody of the minor child to the Plaintiff, Respectfully submitted, Dated: II ).j. )- I Thomas M, Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 J.D. # 85211 VERIFICATION I, Shannon Stebbins, verity that the statements made in this 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 Fa. CS. '4904, relating to unsworn falsification to authorities, Date: }(/u/os / I ~ sI+~ SHANNON STEBBINS Plaintiff , , ~, 0 C~ c~ r;::::> ,1 ..:....'" CJ ::;:! f '1 :-'>1 -, C) r= -' ;-n ~'" , C;.~ OJ -) " , ) , (" 1'.) , '__J f''",) --'-,:'~ GO :<. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L, HOFFLER, Plaintiff NO. 05-5985 CIVIL TERM V, CIVIL ACTION- LAW CASSANDRA L. HOFFLER, Defendant DIVORCE MARITAL AGREEMENT BETWEEN RONALD L. HOFFLER AND CASSANDRA L. HOFFLER TABLE OF CONTENTS PREAMBLE ..... ................ ........ .......... ..... ............................. 01 SECTION I General Provisions ...... ............. ........ ..... ................. ........ .... 01 SECTION" Distribution of Property and Debts........................................... 07 SECTION III Counsel Fees, Support, Alimony, Support, etc. ............................ 12 SECTION IV Closing Provisions and Execution............... ............................. 14 NOTARy........................................................................................................ ....................................... 15 MARITAL AGREEMENT THIS AGREEMENT made thi~ ~Of (7J J ,r--{ tw06, by and between CASSANDRA L. HOFFLER, ("Wife") of 495A Glenn Street, mec~rg, PA 17055, and RONALD L. HOFFLER, ("Husband") of 124 Woods Drive, Lot 11-A, Mechanicsburg, PA 17050. PREAMBLE R.1 WHEREAS, the parties hereto are husband and wife, having been married on 8/5/1995 in Cumberland County, Pennsylvania, and were separated in 03/2005. R.2 WHEREAS, The parties are the parents of one (1) child: Emily Hoffler, (the "Child"), R.3 WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; 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 the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken - 1 - and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband sole cost and expense. Both parties shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/ or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1. 05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Wife acknowledges that she has been advised of her right to be advised by an attorney of her own choosing prior to entering into this Agreement and that she voluntarily has decided not to retain such counsel, and further acknowledges that she is aware of her legal rights and obligations governed by this Agreement. Wife accepts this Agreement and represents that said acceptance is not based on any advice or representation made by Husband's legal counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Wife by said counsel. 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, - 2. which has been provided to each party. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) - 3 - any other country; C. Marital Ril!hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. EFFECT OF RECONCILIATION, This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damal!es: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. - 4- D. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state 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 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 failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. No Tax on Prooertv Division: Except as speCifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers - 5- described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. E. Deoendency Exemption(s): So long as Wife is the primary custodian of the Child, Wife shall be entitled to claim the deduction for the dependency exemption for the Child on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended. Husband agrees that he will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1. 16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.17. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of - 6- the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: 1995 Dodge Grand Caravan and any vehicle loan for the purchase of said vehicles. 2. To Husband: None - Company Vehicle, - 7 - C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: Wife's PSECU account. 2. To Husband: Husband's PSECU account. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Wife's brokerage account or the cash value thereof, if any. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: Husband's Southland life insurance policy #0710. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife's 401 K or the roll over thereof, if any. 2. To Husband: None. G. Real Estate: The jointly owned real estate known and numbered as 25 West locust Street, Mechanicsburg, PA, ("the Real Estate") was previously sold and resulted in a deficit of approximately $2,500.00 which was paid by Husband. The parties accept that distribution as part of this Agreement. H. Refunds: Husband has received and shall retain the follow refunds as his sole and separate property: Associates Title Services @ $9.26; WAMU PIF Auto Disability @ $63.85; WAMU Escrow @ $402.61. Husband has received and shall retain the Sheriff's Refund check in the amount of $3,263.41 as his sole and separate - 8- property. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: A. Wife's PSECU Visa. B. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. C. For Wife's share of the various credit card accounts being assumed by Husband herein, Wife shall pay Husband the amount of $4,528.44 together with interest thereon at the rate of 9.9% per annum, payable in monthly installments of $ 1 00.00 each commencing on the date falling thirty (30) days after the date she obtains full time employment being defined as an job providing her with at least 32 hours per week, and monthly thereafter on the 20th day of the month until paid in full. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: A. Husband's PSECU Visa; B. The Joint Chase account. Husband shall be obligated to remove Wife from that account. Pursuant to this obligation, Husband represents and warrants that he has transferred the balance owing on the joint Chase account onto a credit card account in his sole name and requested that the joint Chase card account be closed. Husband shall provide Wife with proof that this account has been closed upon his receipt of verification of said closing from Chase, C. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall - 9- apply to the distribution of the parties' marital assets and debts: A. After Acquired Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph, B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. c. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. The costs of transfer shall be paid by the transferee unless otherwise herein provided. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. F. After Acquired Debts: Each of the parties represents and warrants to the other at since the parties' marital separation he or he has not contracted or incurred any debt or liability for which the other or his or her estate might be responsible. Each of the parties further represents and warrants to the other party that he or - 10 - she will not contract or incur any debt or liability after the execution of this Agreement for which the other or his or her estate might be responsible. Each of the parties shall indemnify and save the other party harmless from any and all claims or demands made against him by reason of debts or obligations incurred by him or her. G. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same, J. Non-Disclosed Liabilitv: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. - 11 - L. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES. SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. CHILD SUPPORT. Husband shall pay to Wife child support for the support of the child under the following terms and conditions: A. Amount: The child support shall be $100.00 per week. B. Dav Care and Other Expenses. Husband shall also be responsible for fifty percent (50%) of the expenses incurred for day care, day camp and extracurricular activities (i.e. sports, clubs, etc.). C. Termination and Adiustment: The amount of child support shall terminate upon the Child reaching age 18 or graduating from high school, whichever shall last occur. D. Payment Method: The child support shall be paid directly to Wife. E. Modification: The provisions of this paragraph are based on the current financial circumstances of the parties and shall be subject to modification based on a substantial change in those circumstances. 3.04. HEALTH INSURANCE. The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other - 12- party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance for Child: Wife currently provides and shall continue to provide primary health insurance on the Child. Husband currently provides and shall continue to provide secondary health insurance on the Child. C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the child pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. D. Modification. The provisions of this paragraph are based on the current financial circumstances of the parties and shall be subject to modification based on a substantial change in those circumstances. 3.05. MEDICAL EXPENSES. The following shall apply to the medical expenses for the Child that are not covered by insurance: A. Sharing of Expenses: The parties shall equally be responsible for the medical expenses not covered by insurance for the Child during minority and each shall pay 50% of any such expenses as they are incurred. B. Insurance Cover aile: If such expense is covered in whole or in part by insurance then the amount of payment owed by each party shall be determined after the insurance payment is made. In the event payment is due before the application of the insurance coverage, then the 50% payment shall be made by each party when the expense is incurred and when the insurance payment is received it shall be divided between the parties equally. C. Modification. The provisions of this paragraph are based on the current financial circumstances of the parties and shall be subject to modification based on a substantial change in those circumstances. - 13 - SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS; ~~ .~(~ RO~~F~ Date: 9/1 I DC? ( I ~~o-->"-">-'/"o-<..- l~ Ll-.I 111..'-.- CASSANDRA L. HOFFLER ~ Date: 'is - c:;F\ - D lc> (SEAL) (SEAL) - 14 - COMMONWEALTH OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND On this the \ ~"( day of ~)~ -t ,2006, before me the undersigned officer, personally appeared, RONALD L. HOF ER, known to me (or satlsfactonly 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. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~c::::= NOTARY ~BLlC My CommIssIon Expires: -f/ \ COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Nota<ial Seal Diane G. Raddiff Notary Public camp HIli Boro, Cumberland County My eommis..c;k:-:!"'. Eyr;i~-es Jon. .~ 1,2008 HI-'m,"'; _.~..- ..u -_.- -'--:;'~-;_;,:::--~-"l()tMie5 55. COUNTY OF CUMBERLAND On this the day of , 2006, before me the undersigned officer, personally appeared, CASSANDRA L. HOFFLER, 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. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: - 15 - .,.------ ~-~J -'71 .-' ;~~: -:ll G" --,"\ (".J , " ~J .< c.n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L. HOFFLER, Plaintiff NO. 05-5985 CIVIL TERM V. CIVIL ACTION - LAW CASSANDRA L. HOFFLER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 18, 2005. 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 in 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. Dated: 9-; ~iJ6 ~~ RONALD L. HOFFLER c,..-; r--<:l '."--) C.,~ c:;'" ,..::J --q , C', f'.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L, HOFFLER, Plaintiff NO. 05-5985 CIVIL TERM V. CIVIL ACTION - LAW CASSANDRA L. HOFFLER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (g OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver 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: 9- /~ 06 RO~LER "._'--~-'''-'---~.,"--,.,,~- C'. '( ,,~ f~,:~ , -:-;~ ,-=:..... o -" '-., '~ ::ii"Zl f I ~..t C'i. ---, f',) ':-i :::.. ::0 -< .J:- eT! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L. HOFFLER, Plaintiff NO. 05-5985 CIVIL TERM V. CIVIL ACTION - LAW CASSANDRA L. HOFFLER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 18, 2005. 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 in 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. Dated: ~'d~-C\.D Qc-~'LA'C~~ , L ~\ CASSANDRA L. HOFFLER .' (-) ,-:" ""c' ,,-:::J .. .;.::,~ <;.;:-, (/') ~--'-', v ~~ ~ T-n i--l-l;~:= '" --c; r;? (,,~ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L. HOFFLER, Plaintiff NO. 05-5985 CIVIL TERM V. CIVIL ACTION - LAW CASSANDRA L. HOFFLER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301~) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver 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: 'l' c~ ~- elL' c <> ~ ~ N-- ,L~ LldDtr 0,' CASSANDRA L. HOFFLER I, ~T~ I G~ :'..' r,,) . ,I" ~~; --, ~ 4" :'l1 -< c-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD L. HOFFLER, Plaintiff NO. 05-5985 CIVIL TERM Vo CIVIL ACTION- LAW CASSANDRA L. HOFFLER, Defendant DIVORCE PRAECIPE OF 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: Irretrievable breakdown under Section 3301 (c) of the Divorce Code, 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filinl! of Complaint: November 18, 2005 b, Manner of Service of Complaint: Acceptance of Service by Defendant c. Date of Service of Complaint: 11/21/05 30 DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a, Plaintiff: 9/1/06 b. Defendant: 8/29/06 40 RELATED CLAIMS PENDING: No issues are pending, All issues have been resolved pursuant to the parties' Marital Agreement dated August 29,2006, which Agreement is to be incorporated into but not merged with the Divorce Decree, 50 DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: September 5, 2006 b, Defendant's Waiver: September 5, 2006 , ADCLlFF, ESQUIRE 3448 Trin e Road , PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 ~,' ,.~:::? ".-'::) ~;::... ,~) 'n .--1 fh ;TI f/J , C', ~.~ {-." (".) <";-i :+.:+. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. RONALD L. HOFFLER, No. 05-5985 CIVIL TERM Plaintiff VERSUS CASSANDRA L. HOFFLER, Defendant DECREE IN DIVORCE AND NOW, S e~tt..m loe.... \1. ,2006 , IT IS ORDERED AND DECREED THAT RONALD L. HOFFLER , P LA I NT IFF, AND CASSANDRA L. HOFFLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; No issues are outstanding. All issues have been resolved and settled by the Parties' Marital Agreement dated August 29, 2006, filed of record and incorporated into, but not merged with, this Decree. BYTH~~ ~ ~ ATTEST: l.. PROTHONOTARY J. .;IT;2 ~~ ~j,/-p ~p z~~1''9 ?)J,J,t-6 \ , .' . ~~