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HomeMy WebLinkAbout94-02403 l,i ~! '"di EJ, ~! J , I \ ) ~' ~ d (Y) o :::r \t) -***---------------->---------~ ~I.-"-~- -,-----~.--..--~------.-------~-----. ...-----.- ---.------ 8 ~ 8 ) "'1' ~1 ~~ ~ ~ ~, ~i '.' ~ ~ ~, ~ '.' ~ '.' ~, ~ '.' ~ '.' ~ '.' ~ '.' ~ '.' ~ ~) -0') w ~.' ,. w ... ,.. ~ M ..' i '.' ~ ~ $ ~ ~, ~ ~ ~ '.' Ii. ,. ~ !="' ~ w ~.' ~ ~I ~I :;' --- ';...:. .~:. .:..;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND ~ STATE OF 1:>~~ COUNTY PENNA, A, THOMAS HOFFKCKER, Plaintiff i\.: (). 94.~2.1..~ 3................ 1<) 94 CIVIL TER~I \'\'I'..,\lS MARY ELLEN HOFFECKER, Defendant DECREE IN DIVORCE AND NOW,. .v4v.4,~*... .~~....... 19~.~.. it is ordered and decreed that ...............~,. .T.I!QI;lA.S. .I.i9F.F.EC!\),:.~ . . . . . . . . . . .. plaintiff, and. . . .. .. . . . . . . .. . . .. . . . . . MARY. ELLEl/. JIOFFE.CKER. .. .. .. ... 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; By AlIe.l: ,x,('''U:/~ If' / ~}, A"?'~'~Jr J. J@-~~~<- K.J3;1~ / ~ Prothonotary ~ ,.~*~.~~*~.*~..~.~.*~.**..*.*~.~.*** ~ ., ~ ~ ., ," ~ ~ s ~ " ~ '.' ,., ~ ~ '.' i ',' ," ~ ~ '.' ~ '.' ~.. ~ rat '.' ~ '.' ~ !!! ~ *- ~.' ~ '.' ~ '.' ~ ~ ~ IV I~ I: ;~ , . . ~ , I. I'.' , . )~ I. :* .~ S $ ,,', I~ y{tn7.6? /.'n4/ p' ~7 4y. A, THOMAS HOFFECKER, PlaintIff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 94-2403 CIVIL TERM VS MARY ELLEN HOFFECKER, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: TRANSMITTHE RECORD. TOGETHER WITH THE FOllOWING INFORMATION. TO THE COURT FOR ENTRY OF A DIVORCE DECREE: 1. GROUND FOR DIVORCE: IRRETRIEVABLE BREAKDOWN UNDER SECTION n 3301 lcl (J 33cY1 ~dl OF THE DIVORCE CODE (CHECK APPLICABLE SECTION). 2. DATE AND MANNER OF SERVICE OF COMPLAINT: Certified Mail/Return Receipt/Addressee Only - Item' p830 374 737, Mai:L~.JL.5/6/94 and sir,ned_ for-..?-1.I/9h__bY_Jl_efendant (see attached receipts on Affidavit of Service), 3. (COMPLETE EITHER PARAGRAPH (a) or (b). (a) Date 01 Execution of the Affidavit 01 Consent required by Section 3301(c) 01 the Divorce Code: by Plainliff__q,JL'ii____ by Delendant ___jl/t/f1t__________ ____ , (b) (1) Date 01 Execution 01 the Plaintiff's Affidavit required by Section 3301(d) 01 the Divorce Code: ______________________. (2) Date of Service 01 the Plaintiff's Affidavit upon the Delendant: 4. RELATED CLAIMS PENDING: None 5. Date and manner of service 01 notice of intention to file praecipe to transmit record. a copy 01 which is aUached:___________________________ N / ~_ ___ --------~-:1lJ J__ --" ALO B OWEN" ~ " Altom" fu. PI".. ""')8 . ~;t;'i.,,,-, .~ t.;, ,,~ (;.; . .~, ...h~',...,....~" ;'.'..., ,<,,-,,,>..[; .,",'"-'."h';c,'. .,...,..,".._.-. .... ,-.~....,",,' ",,,~ ~ Auc II 1/ ~o AH '9~ OfflOf Of : ':f'TIIQ~:il4.Y CUI-WI r l .IND CI'~lj n I'UIN'i'i.V.\~'~ ,. -< ---..-. --~---~"""","-"",,-,---,,,,-~,,,,,,,,,,,~,,,,,,~.~ ...-- . ~, - , ,. , .,."...." .~_.,' 11.-.:... ;~ , . ~ .' .. , . . \. .,. . il:~,~_.? . ....... ,.,,-,.', ..,~. ''--'''''~'-- ~ ~~/~~" , -~1"'----r-~ ~ -- CUSTODY/PROPERTY AND MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, MADE THIS THE ~ DAY OF BY AND BETWEEN: MARY ELLEN HOFFECKER, of Cumberland County,Pennsylvania, hereinafter called the "WIFE", ,1994, AND A. THOMAS HOFFECKER, of Enola, Cumberland County, Pennsylvania, hereinafter called, the "HUSBAND" WIT N E SSE T H: WHEREAS, HUSBAND and WIFE, were lawfully married on the 17th day of September, 1983 in Havertown, Delaware County, Pennsylvania; and WHEREAS, HUSBAND and WIFE, have three (3) children born to them, AMY MARIE (dab 12/13184), KATHRYN ANN (dab 1106187), and SEAN THOMAS (dab 1/14/91); and WHEREAS, diverse, certain differences, disputes and difficulties have arisen between HUSBAND and WIFE in consequence of which they are living separate and apart from each other; and ,_.;..". ~,t:!""--: WHEREAS, the parties are desirous of settling fully and finally their respective financial and property rights and obligations as between each other; including, without limitation all matters between them relating to the ownership and equitable distribution of real and personal property; and past, present and future spousal support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, HUSBAND and WIFE have made full disclosure of their assets to each other: BE IT KNOWN THAT, in consideration of the various unilateral and mutual promises, covenants and undertakings recited in the following paragraphs, HUSBAND and WIFE, each intending to be legally bound, both covenant and agree as follows: FIRST- RIGHT TO LIVE SEPARATE AND APART - HUSBAND AND WIFE shall at all times hereafter have the right to live separate and apart from the other party at such place or places as he or she may from time-to-time choose, free from control, restraint or interference whatsoever by the other party. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the reasons leading to their living apart. 2 ,;.;-:;'!... WIFE agrees, notwithstanding joint ownership of the marital residence, that she will not enter the premises without 24 hours advanced notice to the HUSBAND, and HUSBAND reserves the right to be present. FURTHERMORE, WIFE shall retain her right to store her personal belongings in the marital residence until it sells and settles. SECOND - FREE FROM INTERFERENCE - Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate, or in any way interfere with the peaceful existence, separate and apart from one another. THIRD - WIFE'S DEBTS - WIFE represents and warrants to her HUSBAND that since their separation, she has not, and in the future she will not, contract or incur any debt or liability, not disclosed herein, for which HUSBAND OR HIS ESTATE MIGHT BE RESPONSIBLE. Should she do so, she agrees that she SHALL INDEMNIFY AND HOLD HARMLESS HER HUSBAND from any and all claims or demands made against him by reason of said debts and obligations incurred by her between the date of separation and this Agreement. All further debts incurred by the WIFE from and after the date of the execution hereof of this Agreement, shall be the WIFE' individual responsibility. 3 FOURTH - HUSBAND'S DEBTS - HUSBAND represents and warrants to his WIFE that since their separation, he has not and in the future he will not, contract or incur any debt or liability, not disclosed herein, for which WIFE OR HER ESTATE MIGHT BE RESPONSIBLE. Should he do so, he agrees that he SHALL INDEMNIFY AND HOLD HARMLESS HIS WIFE from any and all claims or demands made against her by reason of said debts and obligations incurred by him between the date of separation and this Agreement. All further debts incurred by the HUSBAND from and after the date of the execution of this Agreement shall be the HUSBAND's individual responsibility. FIFTH- SUBSEQUENT DIVORCE - The parties hereby acknowledge that the HUSBAND has filed a Complaint in Divorce in Cumberland County (Docket #94- 2403) claiming that the marriage is irretrievably broken under the No-Fault Mutual Consent Provision of 3301 (c) of the Pennsylvania Divorce Code of 1980 as amended. Both parties agree 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, promptly after the expiration of the 90-day period. The parties hereby expressly waive all rights to request the court to order counseling under the Divorce Code. It is further and 4 .~ A_~- c.__, 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. SIXTH- DIVISION OF PERSONAL PROPERTY - The parties hereto agree that they have divided between them, to their mutual satisfaction, the personal effects and household furniture and furnishings, and all other articles of personal property, including motor vehicles, which have heretofore been used by them in common. Neither party shall make any claim to any such items which are now in the possession or under the control of the other, as indicated in Exhibit "A' which is attached hereto and incorporated by reference, specifically recognizing that the WIFE has permission to keep certain possessions in the marital domicile as per Paragraph FIRST. SEVENTH: SUPPORT AND CUSTODY: A. HUSBAND agrees to pay directly to the WIFE FOUR HUNDRED ($400.00) Dollars per month per child for child support for the three (3) children, AMY MARIE, KATHRYN ANN and SEAN THOMAS, commencing on the 5 thirtieth (30th) day following settlement of the marital residence. Said payments shall remain in effect until each child attains the age of eighteen (18), respectively. HUSBAND agrees to be responsible for the $1,740 per month mortgage payment until the residence sells and settles in lieu of making said child support payments, and WIFE specifically agrees that the provision is fair and equitable and that she will not seek child support or spousal support through Domestic Relations in the interim. B. WIFE shall have primary physical custody of the three (3) children. HUSBAND shall have liberal periods of temporarv custody, as mutually agreed to between the parties, in the best interests of the children. "Liberal periods of temporary custody" shall be defined, as a minimum, to Include: 1. Every other weekend; 2. One (1) evening during the week; 3. Shared time on holidays to include: a. Easter, Mothers' Day, Memorial Day, Father's Day, 4th of July, Labor Day, Thanksgiving, Christmas, New Year's Day, and the birthdays of all three (3) children. 4. One or more weeks each summer, to coincide with Father's vacation time each year. 6 <,,>~ , C. Husband is entitled to temporary custody of all three children at one time, or just one, at his option for the aforementioned times in "B" above. D. Parties hereto agree to shared leQal custody which means both are entitled to information concerning the children's medical records, school records, and religious training. Furthermore, both parties hereto agree to consult with each other on all matters concerning medical situations, educational choices, and religious training before any decisions are made regarding the best interests and welfare of the children in these three areas. E. Parties agree that HUSBAND shall be able to claim all three (3) children as tax exemptions every year that they are eligible to be claimed as dependents until age eighteen (18), and beyond as may be allowable by the I.R.S. Code and regulations. F. WIFE currently maintains certain life insurance policies on the her life, with the children named as beneficiaries. If for any reason, WIFE is unable or unwilling to make premium payments on said policies, she shall notify HUSBAND, who shall have the option of becoming the owner of said policies, in consideration of continuing to pay premiums, should HUSBAND become the owner, he agrees to keep the children as named beneficiaries. G. Both parties agree, in the best interests of the children, not to relocate more than 150 miles from each other, without expressed written permission from the other, which shall include a are-negotiated and agreed upon support and custody arrangements, including transportation. 7 EIGHTH- DIVISION OF REAL PROPERTY- HUSBAND agrees that his WIFE is entitled to receive all the net proceeds (estimated at approximately $55,000) from the sale of the marital residence, 2109 E. Coventry Lane, Hampden Township, Cumberland County, Pennsylvania. HUSBAND and WIFE currently own said residence as Tenants by the Entireties, which is listed with a real estate broker for sale. WIFE acknowledges that she has the obligation to reinvest the net proceeds within two (2) years after settlement or to be solely responsible for capital gains consequences. Payment of the net proceeds is in direct consideration of the WIFE's waiver of all of her HUSBAND's retirement benefits and her right to alimony as she may be entitled to, as more fully provided for in Paragraph TENTH and TWELFTH herein. Parties agree that WIFE has the authority to determine an "acceptable offer" on the marital residence and that the HUSBAND will comply and join in the execution of all necessary documents to affect a prompt sale. WIFE desires a quick sale more than she desires to maximize her net proceeds. NINTH - DIVISION OF BANK ACCOUNTS. ACCOUNTS RECEIVABLE and DEBTS: A. The parties hereto agree that any monies held by either of them in any account in that party's name alone, shall remain the sole and exclusive property of that party. The parties further agree that any monies previously held in joint savings or checking accounts have heretofore been divided. 8 B. WIFE agrees she owes HUSBAND $2,800 from their joint savings account and $1,075 for car payment ($255) on 3/23, pharmacy bill ($125) on 3/28; accounting feesltaxes ($195) on 3/28; legal fees ($300) on 4/2 and a cash advance ($300) on 4/14. C. WIFE agrees to be responsible for the following debts: 1. VISA GOLD CARD at 1st Bank of America opened on or about 9f30/93 with a balance of $1,225.64 as of 4/28/94. 2. Her personal car phone. 3. Any unpaid balances for Amoco and Bon Ton Department Store. D. HUSBAND agrees to be responsible for the following debts: 1. The remaining three (3) payments on his 1990 Mitshubisi Gallant automobile of $255 each. 2. All utility bills for the marital residence until it sells and settles. 3. FURTHERMORE, HUSBAND agrees to pay up to $250 in "tuition" and or books, so that the WIFE can get advice on financial matters, including, but not limited to, budgeting, investments and taxes. TENTH- PENSIONS. ANNUITIES and/or RETIREMENT BENEFITS . WIFE agrees that any monies which HUSBAND has acquired through his employment as a registered professional engineer in either vested or unvested pensions, annuities, and/or retirement benefits, including but not limited to IRA's, 401(k)'s, profit sharing and/or mutual funds, through his present six-year employment 9 by Brinjac, Kambic & Associates, Consulting Engineers and any and all past employers, shall remain his sole and exclusive property. WIFE agrees to waive any interests she may have in such pensions, annuities or retirement plans and further agrees that she will not assert any such claims in the future, regardless of the source or percentage of contributions to such funds as between HUSBAND and his employer(s). HUSBAND agrees that any monies which WIFE has acquired through her employment as a registered nurse in either pensions, annuities, and/or retirement benefits, including but not limited to, IRA's, 401(k)'s, profit sharing and/or mutual funds, through her present or past employers, shall remain her sole and exclusive property. HUSBAND agrees to waive any interests he may have in such pensions, annuities or retirement plans and further agrees that he will not assert any such claims in the future, to any such funds, regardless of the source or percentage of such contributions to such funds as between WIFE and her employer(s). ELEVENTH: MEDICAL INSURANCE/COVERAGE - Each party shall be responsible for hislher own health insurance protection through their respective employers or individually, or a combination thereof. Both parties agree to be respon- sible for ensuring their children also have medical insurance coverage and pledge to co-ordinate such coverage so as to minimize individual costs to each other. 10 (I TWELFTH: ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES - Both parties accept the provisions of this Agreement in lieu of, and in full and final settlement and satisfaction of, all claims and demands that they may now or hereafter have against the other, if anv. for alimony, alimony pendente lite, or expenses, or for spousal support and maintenance before, during and after the commencement of any proceedings for the divorce between the parties. WIFE acknowledges that HUSBAND has filed a 90-day No-Fault Divorce (CUMBERLAND COUNTY Docket No. 94-2403). FURTHERMORE, WIFE agrees to reimburse HUSBAND for one-half of the costs heincursthrough his lawyer in obtaining said divorce. Both parties agree upon the expiration of the 90-day period of time (following service of the complaint) to execute the required Affidavits of Consent. THIRTEENTH: INCORPORATION IN DIVORCE DECREE - It is further agreed, covenanted and stipulated that this Agreement shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree, but shall in all respects survive the same and be forever binding and enforceable upon the parties. HUSBAND shall have primary responsibility of coverage for the three children upon execution of this Agreement. 11 FOURTEENTH: MUTUAL RELEASE . HUSBAND and WIFE each do hereby mutually, release, quit-claim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the real and personal property of the other, including income and gain from property hereafter accruing. It is further agreed that this Agreement shall constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code. FIFTEENTH: BREACH- If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages, or seek such other remedies or relief as may be available to him or her at law or in equity. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his I her rights under this Agreement. SIXTEENTH: ADVICE OF COUNSEL - The provisions of this Agreement and its legal effect has been fully explained to the HUSBAND by his attorney, DONALD B. OWEN, Esq., and to the WIFE, by her attorney, DONALD J. WEISS, Esq., of WEISS AND BUCKLER, P.C., of Media, (Delaware County) 12 I. ~~. .tl.,.,....~..;t ,,_; ",!J" . ~. . ,- . Pennsylvania. HUSBAND and WIFE 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 a full accounting of their respective assets, estate, liabilities, and sources of income to each other and that they waive any specific enumerations not listed in this Agreement. Each party hereto agrees that he or she will not at any time raise as a defense the lack of disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. SEVENTEENTH: FINANCIAL DISCLOSURE- The parties hereto confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory or appraisement. EIGHTEENTH: MODIFICATION AND WAIVER- The modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as the Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13 j,,,:;'.';:r;" NINETEENTH: DESCRIPTIVE HEADINGS - The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties hereto. TWENTIETH: INDEPENDENT SEPARATE COVENANT- Itis specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 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 be valid and continue in full force, effect and operation. TWENTY-FIRST: ENTRY AS PART OF THE DECREE- HUSBAND has initiated an action in divorce under Section 3301 (c) of the Pennsylvania Divorce Code, filed in CUMBERLAND COUNTY Docket # 94-2403. It is the intention of the parties hereto that the within Agreement shall survive the aforementioned action for divorce, and that no order, judgment or decree, temporary, interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made part of any such judgment or decree of final divorce, but shall not be merged therein. HUSBAND agrees to provide the WIFE, at his expense, with a certified copy of the final decree in divorce. 14 .' TWENTY-SECOND: VOLUNTARY EXECUTION. . The parties hereby acknowledge that both have carefully read the terms of this Agreement, and both acknowledge that they fully understand the terms and agree to be bound by all of its provisions. FURTHERMORE, both parties declare that they do understand the full legal effect of this Agreement, especially with regard to the fairness and equitable nature of the distribution of marital property between them; and the waivers, especially those benefits and waivers enumerated in Paragraphs SIXTH through TWELFTH. Both parties acknowledge that their execution of this Agreement has been done voluntarily and knowingly and their execution is not the result of any duress or undue influence. TWENTY-THIRD: APPLICABLE LAW - 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. TWENTY-FOURTH: ENTIRE AGREEMENT-This Agreement contains the entire understanding of the parties hereto, and there is no other representations, warranties, covenants, or undertakings other than those expressly set forth herein. TWENTY-FIFTH: AGREEMENT BINDING UPON HEIRS - This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,and administrators. 15 .' TWENTY-SIXTH: ADDITIONAL INSTRUMENTS - Each of the parties shall from time-to-t1me, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to to give full force and effect to the provisions of this Agreement. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have hereunto set their hands and seals the day, month and year first above written, to this CustodylProperty and Marriage Settlement Agreement, consisting of this and fifteen (15) other typewritten pages. ~'L(L.r< ,<:KO\A.--e. WITNESS -=Yl<.~ f"~ ~t!z.- MARY ELL~N' HOFFECKER ita) ~~.2~ WITNESS A. A. THOMAS HOFF 16 COMMONWEALTH OF PENNSYLVANIA ) ) 55.: 11./1- '-.lL.\.. (i'.)J~~ COUNTY OF C LLII \ be I<..ll\ 11 (L ) ON, THIS, THE ~%AY OF I'-\I'~" J , 19~, before me, a notary public, the undersigned officer, persbnally appeared MARY ELLEN HOFFECKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the attached and foregoing Custody/Property and Marriage Settlement Agreement, and acknowledged that she executed the. ,'" . same for the purposes therein expressed. . :-~'.::!:~!/'.: ~.~\II/.1."'. IN WITNESS WHEREOF, I hereunto set ~mY_ hand and official ~jl. .~/ti >.~ ~ .:'.. ( LC r_ ~cf) u. b ',,--; . . Nota Public ~,..'~rJ:.jY.:: . My Commission Expires: I H~.!...'.. .' ~ "~,,..Jf" . ~!'/Cr:I,', ~~ .....-....................................................................................... COMMONWEALTH OF PENNSYLVANIA COUNTY OF (\L.Y) \ V.l.L( l"Av'I (l ) ) 55.: ) \ L. 'I. '5..I-'i<:)...-J~, ON, THIS, THE l.,-lli DAY OF f-\\ ~l'.-.l. ,19ft'+, before me, a notary public, the undersigned officer, persohallyappeared A. THOMAS HOFFECKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the attached and foregoing CustodylProperty and Marriage Settlement Agreement, and acknowledged that he executed the same for the purposes therein expressed. ,\ n I~ 1 ~"" 11. IN WITNESS WHEREOF, I hereunto set my_hand and official se ( " \.. .,' I' Notar Public ~ \\'1.l.r~,." . ' f~ ..r-;._\4\ij:.;o. .. \.'" . , ~;'" (, (d~. . I~ ~ ., "~, ; '. ~.... ';>1 ,'I'h' , My Commission Expires: . r . '~'. ,'" JlJ~";" : -, . ! H""""'-i~, i',....! (;~'...: .'._.. ''::o:!oty ,t,I,:~.......;,I-, ~.. ..:, .:; ".~~ 1~ .",.. ~ .:0- '"~ "" ""'" - - - - !:if ~ ",,{' <( H U) <( 10' <( > ;~~ ." 1.1 ~, :>-< I.' P. UJ ,r; " .-. .-. ... +-' .( 0 '.J ... . " -. r.. . .... '" ., :>-< [; ~ _. '" +-' W 'tl [; .. - J N '-' :c< w " :..: ." u; 101 . ~ n U :>-< .( .~ .... U 'II '" . . g ~ .nn ~ ON'" [-. ., U III hl ... il. ,., 0- hl ... 'II 0 ., sQ ~ ." N ... .. rl ~ W- '" 0 ::0 r.. P. ... Q Ir; Q (--t - " 0 ><. 0 r.. 0 il. .- [; ~ ~ L" [~ U 0 III '- ~ '01 w . - .. - on ::r~~ '" M 0 ::r: :> :~ UJ ~ Z noW ~QO H W Q ~ ~ OZz 0 "'-'1 ['-< U) 0 ,., ~ 0 -wo 6l u , u <( "J U <( ...:l [~ C, L ~1 .,; .... ...:l en .~ hl '" I 0 W ::0 H '" W.:J .-, '" u '" b '" o,H [-, :>-< rt; ;0. '" .-( H ::0 H ~ H U"" U .( . -, ': \"'1011./ '1":' ., '- "'t,.' ('"')lH.''>! t...Hl A1 t ^w . 10"\ Mr V,'.... 1100 ['..H.... ,>. 1702~ PHONE 17171 732.38~Z vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94- J.. 4 () 3 fu4 T VlANv A. THOMAS HOFFECKER, Plaintiff MARY ELLEN HOFFECKER, Defendant : CIVIL ACTION -LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is avail- able in the office of the Prothonotary at: CUMBERLAND COUNTY COURTHOUSE, Carlisle, Pennsvlvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PERSONAL 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. Court Administrator, Third Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: 1-249-1133 A. THOMAS HOFFECKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94- : CIVIL ACTION - LAW : IN DIVORCE vs. MARY ELLEN HOFFECKER, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) of the DIVORCE CODE 1. THE PLAINTIFF, A. THOMAS HOFFECKER, WHOSE ADDRESS IS 2109 East Coventry Lane, Enola, Cumberland County, PA. since on or about December 1988. 2. THE DEFENDANT, MARY ELLEN HOFFECKER, WHOSE ADDRESS IS 6149 Hay- market Way, Mechanicsburg, PA 17055 since on or about 5f7194. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for more than six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on the 17 day of September 1983 in Havertown, Pennsylvania. 5. There have been no prior actions of divorce or annulment in this or any other jurisdiction between the parties. 6. The Plaintiff and Defendant are not in the Military or Naval Service. 7. The marriage is irretrievably broken. 8. The Plaintiff respectfully requests the Court to enter a decree in divorce. I verify that the statements made In this Complaint are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa., C.S.. s4904, relating to unsw n falsification to authorltlwtJ.. IA A DATE:~ ~ A. T- ~.~~ (~?Fr) I ..~~~~ntiff) LD B. OWEN, Esquire Attorney for the Plaintiff .'".. ,^-".~I..,;,;"; vs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94- : CIVIL ACTION. LAW : IN DIVORCE A. THOMAS HOFFECKER, Plaintiff MARY ELLEN HOFFECKER, Defendant AFFIDAVIT I, A. THOMAS HOFFECKER, PLAINTIFF, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in the counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa., C.S.. s 4904, relating to unsworn falsification to authorities. DA TE:__~pl~ __________ _A-:_~ A. THOMAS HOFFE ,<..~. '~""',' d A. THOMAS HOFFECKER, Plaintiff vs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 94- MARY ELLEN HOFFECKER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(c) OF THE DIVORCE CODE If you wish to deny any of the allegations set forth In this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on the (Prt- day of /VI........, , 19~ 2. The parties have lived separately and apart for since 3/01194. 3. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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.. 84904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DA TE:~?;/4.4- . ... ~ ~ if 'j ~ 'j 1 ~ en *~ . -.9 , = -... ~ ~-1: - :;.. .... t~~ ~ ~g; ~ r.. = ~ p l ~ to....) VI <:) ;:) 1\:"1\ t - Q -..:I >- ,;) ~ V') Q ~ oJ) ~~ = ~ ........... -. ,.=, ~ "!& .~ ....... ~ <>: H .. < ~~ ...:1>- ll.:1J .- ::; gw . Il:: t:~ P-I Il::~ !:J+' H ~:. ~~ ~ J 0 . j u5 N u~ U+, cj c " fil <: ~'" ~ ."" 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THOMAS HOFFECKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS MARY ELLEN HOFFECKER, DEFENDANT NO. 94-2403 Civil Term CIVIL ACTION- LAW IN DIVORCE AFFIDAVIT OF SERVICE I, the undersigned, being an adult individual, hereby swear and affirm that I personally mailed a copy of the attached Certified Complaint in Divorce and Plaintiff's Affidavit, as required under Section 3301 (c) of the Divorce Code, to the Defendant, MARY ELLEN HOFFECKER, on the6TH day of MAY 1994 via Certified Mail, Return Receipt Requested, Addressee Only, Item # P 830374737, and the same was signed for by the Defendant, MARY ELLEN HOFFECKER., on the 7th day of MAY 1994, as per the attached receipts. DATE: CSJD~$W~NEl] -' P 830 374 737 ~ Certified Mail Receipt ~ No Insurance Covnrago Provided .~... 00 nol w:e lor Inlcrnattonal Mall ~":::;ll'J;;:~ (See Reverse) S'In11o [-.s. r.lary Ellen Hoffecker E DER: . Complete Iteml 1 end/or 2 for Iddltlonelservlcl.. . Compl.t. It.m. 3. .nd 4. & b. . Print your name and eddr... on the reverl' of this form so that we clln return th!s card to you. . Attach this form to the front of the mlllplece, or on the blck If aplce do.. not permit. . Write "Return Receipt Requested" on the mallplece next to the article numbe,. 3. Artlcl. Addr....d to: I al.o wish to receive the following eervlcl' (for an extra 1..1: 1. 0 Addr....... Add,... 'gi'f'SI'"I.aymarket Hay PO SI<ll~" III-' Codo Mechanicsburr, PA 17055 2. ~ R..t,lct.d Deliv.ry Conault oatmeater for fee. 4.. Artlcl. Numb., f>o'\I;19(l $ C",',f,('<l ffll-' .. Sl>f'(,al O"I,..flry f('(. MSr Mary Ellen Hoffecker 6149 Haymarket Way Mechanicsburg, PA 17055 4b. S.rvlc. Typ. o R.gl.t.r.d 0 In.ur.d C.rtlll.d 0 CDD o Exp,... M.II ;Gl R.turn Rec.iptl1, ndl 7. D.t. 01 D.I ry -"'7 8. /tIdd'....... Addr... IDnly I ,.qu..t.d .nd I.. I. p.ldl 11"\lr'(lt'''' O\'I,~,,'i' rll~ fllJlurn Il"l~,pl 'cihO'tlr,ng a:: luWhtJ'n" [lilh'{)"'I<~"It"1 0> .- H..ru' ~ 0.11" ~ ~ " , .o.;;l UL 6. (Add'.....1 6. Ign.tuto IAg.nti .'5 Form , Octob.r 1990 oU.S. GPO, 'OOO-2noo, DOMESTIC RETURN RECEIPT ~ ...;:. .__!l_, ..., ~" ......- ... . ". I 4 ~UG II "~Q ~H '9~ ~ :/ ftef Of 1".. . ;rIC~:;qhY CUHfiEr: .\,11[1 e(1li...n j;! i." '; t ~ \ ~!1 ~.\ . ~ . . . ., . . " " ~- vs MARY ELLEN HOFFECKER., Defendant :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94-2403 Civil Term : CIVIL ACTION - LAW, : IN DIVORCE A, Thomas Hoffecker, Plaintiff AFFIDAVIT OF CONSENT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plaintiff's Affidavit was filed on the 6th day of MAY 1994. and a Certified copy of thereof was mailed to the Defendant via certified mail, return receipt, addressee only, Item # P830 374737, mailed on 6th day of May 1994 and received by the Defendant on 7th day of May 1994. A Plaintiff's Affidavit dated the 3d May 1994 was mailed along with the Certified Divorce Complaint, along with Affidavit of Counseling. 2. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 3. I understand that the Court maintains a list of marriage counselors. 4. Being so advised, I do not request that the Court require that my spouse and I participate in Marriage Counseling prior to the Divorce Decree being handed down by the Court. 5. The marriage between my spouse and I is irretrievably broken and we have been separated since on or about the 7th day of May 1994. 6. I consent to the entry of a final decree in divorce. 7. I understand that if a claim for alimony, alimony pendente lite, marital property, or counsel fees or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements made In this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa., C.S., s4904, relating to unsworn falsification to authorities. ) . / /. . DATE:Jidzi___ ___~~~~ ~t(;f~~ .-I-il--i~k MARY ELli'tt HOFFE2'kefi(Oefe-ndant) .. " ~ ' '."'.. , ,', .... . " .. - ' ".' -, ~. .t{;lI-'~..t:\c-, 'J~ff.-~"~io ..'- . .:} ,., .'IC_ ~.,,+,._.;;<<-- ..~l, AUG I' /I ~g 4H 'I~ '. '., t .'. Jltlln Of "". :,jO/lr.qhl .J CUMllf[... AlIO crU4/Y . r-' prN~5\' 'd~IA '\, .. .. ~> . ..,...I'''''~l,.,.i''''-'''''' . .. ~"'---''''~'~''''--'''''' . . . .. " - -.........-. ..' "! . .If' ,..'~, J.. .. _\\I . . '.:' , ' ,\ ~ :r. . .. ,. ., A. Thomas Hoffecker, Plaintiff vs MARY ELLEN HOFFECKER., Defendant :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94-2403 Civil Term : CIVIL ACTION - LAW, : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plaintiff's Affidavit was filed on the 6th day of MAY 1994. and a Certified copy of thereof was mailed to the Defendant via certified mail, return receipt, addressee only, Item # P830 374737, mailed on 6th day of May 1994 and received by the Defendant on 7th day of May 1994. A Plaintiff's Affidavit dated the 3d May 1994 was mailed along with the Certified Divorce Complaint, along with Affidavit of Counseling. 2. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 3. I understand that the Court maintains a list of marriage counselors. 4. Being so advised, I do not request that the Court require that my spouse and I participate in Marriage Counseling prior to the Divorce Decree being handed down by the Court. 5. The marriage between my spouse and I is irretrievably broken and we have been separated since on or about the 7th day of May 1994. 6. I consent to the entry of a final decree in divorce. 7. I understand that if a claim for alimony, alimony pendente lite, marital property, or counsel fees or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements made In this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa., C,S., s4904, relating to unsworn falsification to authorities. DATE:JMt~t1~tt14- Jr~_~___ A. THOMAS HOFF , - . h., /~~\tfi/l. ,:iA;~:i~~' ...{f{"~~7':-;'";F;<i\;;~t.;~\ ~ .'4' I , T~' _,.-.wx;.1J..i<':': ",,~"-r-. .. Aua II Iho AH '9~ . " .. , . ,. 01 'f I' ,Jf"O[ , . "HOH CUI-WL" 1/.0 C nAhy "lHN";.~' l)"hlY ',I.,IHIA .' "-1'~" ..,,!><,,;<t 4"-'" .,.....,"'....."............-,~..'"........~.. ",-<"'-;,."'.....~~~;'.n:~;~"""~~,~~......llln. -<;',-,,_ ..,"".~.<(.....,f'..~ ".,,~~.. " \ . ~ ~ " , .-- " .;. .!, , ,., <1--- ~', {:, , .~ '- ~.~ 4L-, .- ,.c~ ...-.. '. ~.'" '*,- -~..,:.. . .- <",. .', ~'''- !-. -'r'~ ,. !" " , w! . A. THOMAS HOFFECKER, Plaintiff v. MARY ELLEN HOFFECKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 94-2403 CIVIL TERM : IN DIVORCE ELECTION TO RESUME PRIOR NAME I, Mary Ellen Hoffecker, do hereby elect to resume my prior name, to wit: Mary Ellen Gallagher, I have been divorced from my former husband by Decree in the Court of Common Pleas of Cumberland County, Pennsylvania, entered to the above number and tenn on August 18, 1994, and give this written notice avowing my intention in accordance with the provisions of 54 Pa.C.S.A. Section 704. Sworn to and subscribed before me this 1;.( YA\ day of ~d,"bi'~ ,2005. $ IA. 7t~ otary Public (SEAL) /IJCl...... 83275.1 ~M." . NalaIy NlIc ClIY ClP 1\ 1IG,1WI'l" CXlIIfty ~ Col.. . . . __ Now I, 2G07 ,..-..-._-~._"'--" ....,....-,---- ....-~.*_.- ......; .._--~-_...._.....--,--.._. .!"".,....c FllFl}.O:. r .'-'~ \J OF 'tHE i)[,O"' ',:-'.:01/..R, 200S OEe \ 3 fill,: 0 \ ,-.' ,l,'~ IN1'( CU~'r":'I"" . 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