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Home My WebLink About07-0433• KARA E. DOHRMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW JEFFREY P. DOHRMAN, NO. 4 7- `~ 33 CIVIL TERM Defendant 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 will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 KARA E. DOHRMAN, Plaintiff v. JEFFREY P. DOHRMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. D 7 - U ~ ~ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE ATl1T', ATT7T 1. Plaintiff is Kara E. Dohrman, an adult individual currently residing at 798 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jeffrey P. Dohrman, an adult individual currently residing at 298 Mount Rock Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 15, 1996 in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman-Snyder, Es uire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: / c~ ~ -' KARA . DOHRMAN, Plaintiff .~ ~ ~ o ~ ~.~ -~+ -r ~ ~, . ~~~ , -~ r, T "~ ~ ~ ~~ ~ ~~ '~" o~j Gy ~ v7 C ~ ~~~ {^-, N `~.~ ~ ~I ~, O~ , ~~ r.r7 '',t G Cry -c ~. ~, i~ KARA E. DOHRMAN, Plaintiff v. JEFFREY P. DOHRMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-433 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Jeffrey P. Dohrman, at his address of 298 Mount Rock Road Newville, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on January 27, 2007. Hannah Herman-Snyder, Esqu e Attorney for Plaintiff GRIFFIE & ASSOCIATES 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Sworn and subscribed to before me this ~ day of ~,~ ~ ,. ~~.~.. .2007 NOTARY NOTARIAL SEAL RONN J BASSETT NotMy P~~OYe CARUSIElOi10t1(~H, Gl1~ENLANDCOMrtY tiWC~Moe ECM ti.111~ . -,, .J. l'V7l<ll JCl V14G CERTIFIED MAII'`RECEIPT (Domestic Mail Only; No Insurance Coverage Providec ~' ~p '4 _. ~ ~,~.. f A- . o Pogue a ~ ~~y `~ , .. p p Certified Fee ~~ \ ;. ~ ~i; `f p Return Receipt Fee ~ 5 , ~ ~ ^ ~ H ~ (Endorsement Required) ere ~ t ~ Restrkied Delivery Fee ?~- ~ ~, ~ I [VUI ; (Endorsement Required) , fJ , `~ fl.l Total Postage d Fees ~ ~[ ,. , { .. ei. ~ p ~! , ~ er-t ro ~ ~ .. , - • ~.... Street, Apt. No.; ry~ or PO Box No. ~q Q' o u~nt ~ 1 - ~' ... . ._.! . .__ .._ .! ll ~,~., Stets, ztPt 4 ~ w v; i le Pf1 Y.4ci~. ! 1d1k11: ................ ,~ ~I i :,r .r ~=complete items 1, 2, and 3. Also complete `' item 4:ifbRestricted .Delivery is desired, ^ Print your name artd address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, ..,~ on the front if space permits. 1;" 1NYtkle Addressed to: a Signature ., /l to / ^ Agent B,iR by (Printed Name) C. bate of Delivery D. Is delivery address different from item 1'T ^ Yes It YES, enter delNery address below: O No ~~~~reY ~~ ~v hrma.r~ a~R~ YI/lou~nt ~~- ~~- ~eWv~lle~ ~~ I'layl 3, Service Type l'~Certified Ma(I ^ Express Mall ^ Registered Q Return Receipt for Merchandise ^ 1asured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) R1 Yes 2. Article Number 7002. 0860 0001 5848 8393 (riarrsfer from seMoe PS Form 3811, February 2004 Domestic Return Receipt to2sss-o2-rn-tsao f t^-) e ,a C~7 ('~l r-- T 1 "';'S f r--'- - ~ ,= " [it f' ? '-C ~.~+. KARA E. DOHRMAN, Plaintiff v. JEFFREY P. DOHRMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-433 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on January 19, 2007.. and service was made ~x- January 47, 2007 by restricted delivery, certified mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: f„~,,• ~ ~~U 7 / ~ ~~~ . ~ ,~~i,~..~ ~Ct'' ~ JEl~ ,Gi~Yi'P. DOHRMAN, Defendant _ . ~ :~-- ;"ii ?' - y .~- - y ~ ~_ _...:.a l ° : ~ "'~ _ i ; ,-;', .. ~= t ~~ F ' ° '` W ti C.~ ~ KARA E. DOHRMAN, Plaintiff v. JEFFREY P. DOHRMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-433 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 'THE ENTRY 4F A DIVORCE DECREE UNDER &3301(c) 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 THE FOREGOING AFFIDAVIT ARE TRUE AI~?D CORRECT. I UI`?L~ERSTAND THAT FALSE STATEMENTS HEREII~T ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: J . D HRMAN, Defendant r-, t'? ° ~i i».~ .e..a _,,,,~ ~:~, ~"`` ~~ _ u'~- .b ..^"'1 _ +, ; 1 `.. C::" :: .~C. C~% KARA E. DOHRMAN, Plaintiff v. JEFFREY P. DOHRMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-433 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on January 19.2007, and service was made on January 27, 2007 by restricted delivery, certified mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~ ~.4Q KARA . DOHRMA ,Plaintiff "' c-~ C.7 t-- ~ ~~ .. °~~~ C~ r'-, _ ~~~~ _ ~ ~; - .. ~:r t. =< KARA E. DOHRMAN, Plaintiff v. JEFFREY P. DOHRMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-433 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SL`BJi/CT TO THE PENAL"i IIJS Or 18 Pa.C.S. §4904 RELATING T G UNSWORN FALSIFICATION TO AUTHORITIES. DATE: . DOHRM ,Plaintiff d ..~ .~.. - ;r.-. _ ~, t7~ `.} :t ~ _ - y .«'~~. Cfj ; ~ Jam' w t SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ 3 "~ day of ~~F,c~ „ n ~,, 2007, by and between KARA E. DOHRMAN, of 798 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND JEFFREYP. DOHRMAN, of 298 Mount Rock Road, Newville, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on September 15, 1996, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 17-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE Y SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. --Page 2 of 17-- • t ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a --Page 3 of 17-- final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIB UTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of --Page 4 of 17-- each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties shall retain all personal property items presently in their possession. This includes all household furnishings, appliances and furniture, vehicles, and all intangible personal property. Neither party shall make any claim against the other relative to the cash accounts, furniture, appliances, collections or other personal property, tangible or intangible, in the other party's possession, and further acknowledge that they have in their possession the same items of property that they wish to retain. Neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other party's possession from the time of execution of this Agreement forward. 3.4 Life Insurance. The parties agree to waive any interest he or she may have in the other's life insurance policies. Any life insurance policy owned by either party shall remain that party's sole and exclusive possession. Each party shall have the right to borrow against, cash in policies, --Page 5 of 17-- change beneficiaries, and exercise any other incidence of ownership and any respective life insurance policies so secured, free of any claim or right by other party. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal properly subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are currently joint owners of real estate located at 298 Mount Rock Road, Newville, Cumberland County, Pennsylvania. Said property is owned in joint names as tenants by entirety. Said property is encumbered with a first mortgage due and owing to Midland Mortgage Company, and a second mortgage due and owing to Chase Home Finance. The parties currently have the property listed for sale and at the time of final settlement on the sale of the real estate, the proceeds shall be distributed with both the first and second mortgages being paid in full, as is required at a routine settlement, and any proceeds remaining after the mortgage is paid in full shall be distributed equally between the parties. If any money is due and owing at final settlement, the parties agree to equally share in that responsibility. 3.7 Businesses. Husband agrees to waive, relinquish, or transfer any and all of his right, title, and interest he has or may have in Wife's business, Jensar Associates. Husband agrees to execute, now and in the future, any and all documents or papers necessary to effect such transfer --Page 6 of 17-- of any right, title and interest upon request. Husband further acknowledges that he has no claim, right, interest or title whatsoever in the said business and further agrees never to assert any claim to such asset in the future. Wife agrees to waive, relinquish, or transfer any and all of her right, title and interest she has or may have in Husband's business, Southern Exposure Construction. Wife agrees to execute, now and in the future, any and all documents or papers necessary to effect such transfer of any right, title and interest upon request. Wife further acknowledges that she has no claim, right, interest or title whatsoever in the said business and further agrees never to asset any claim to such asset in the future. 3.8 Vehicles. The parties acknowledge that Wife has in her possession a certain 2002 Mazda Tribute, which is held in Wife's name alone and which is financed through a loan due and owing to Chase Auto Finance. Wife shall maintain possession and ownership of the aforesaid vehicle and as long as she does, shall maintain sole and exclusive responsibility for the repayment of the debt due in owing to Chase Auto Finance. Husband shall make no claim relative to access to or use of the aforesaid vehicle from this time forward and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. In regards to Husband's vehicle, The parties acknowledge that Husband has in his possession a certain 1996 Ford F150, which is held in Husband's name alone and which is financed through a loan due and owing to Waypoint Bank. Husband shall maintain possession and ownership of the aforesaid vehicle, and as long as he does shall maintain sole and exclusive responsibility for the repayment of the debt due in owing to Waypoint Bank. Wife shall make no --Page 7 of 17-- claim relative to access to or use of the aforesaid vehicle from this time forward and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3, 9 Intangible Personal Property, The parties have divided their bank accounts, including all intangible personal property to their mutual satisfaction. In the event it is necessary for either party to execute documents to waive, relinquish or transfer any interest they might have in accounts maintained by the other party, they will do so within fifteen (15) days of being requested to do so. Neither party shall make any claim whatsoever against the other party relative to the financial accounts, whether investment accounts or intangible personal property that have been retained by the other party. ARTICLE IV DEBTS OF THE PARTIES 4.1 Each party shall retain any and all indebtedness in their individual name, including credit cards, personal loans or any other such indebtedness. Each party shall retain sole and exclusive responsibility for repayment of any indebtedness in their individual names and shall indemnify the other party and hold them harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid debts. The parties further acknowledge that there is no joint indebtedness in existence at the time of execution of this Agreement, except as set forth below in paragraph 4.3. 4.2 --Page 8 of 17-- Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 4.3 The parties acknowledge they filed a joint Chapter 13 bankruptcy on August 12, 2004, and 32 payments remain to be made in the amount of $650.00 a month. The parties agree that they will each pay one half of the payment, $325.00 per month, directly to the Chapter 13 Trustee until such time as the bankruptcy is satisfied in full. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTENANCE 5.1 The parties herein acknowledge that except for the provisions otherwise set forth herein, they have each secured and maintained substantial and adequate funds with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they are accustom. Husband and Wife do hereby waive,. release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite, spousal support, and maintenance except as provided for herein. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. --Page 9 of 17-- ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the Wife by Hannah Herman-Snyder, Esquire, and Husband, has been pro se. The parties acknowledge that they have received independent legal advice from counsel of their own selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to .come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against 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, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtest', or claims in the nature of dower or curtesy or widow's or widower's --Page 10 of 17-- rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or 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, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not .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 thereof. 6.3 Financial Disclosure. The parties 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 and Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim in equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of the within Agreement is expressly reserved. In the event that either party, at any --Page 11 of 17-- time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of York County to make equitable distribution of said asset. The non- disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeing equitable distribution of said asset. 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement 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. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be --Page 12 of 17-- necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 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. 6.10 Severability. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 --Page 13 of 17-- It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such --Page 14 of 17-- breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. 6.I4 Divorce: Wife has commenced an action for divorce against Husband pursuant to 3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce in the Court of Common Pleas of Cumberland County. Both parties shall, 90 days after the date of service of said Complaint, furnish Wife's counsel with signed Affidavits of Consent and Waivers of Notice of Intention to Request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement further: a) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the .Pennsylvania Code, Act. No 1980-26. b) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. --Page 15 of 17-- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: ~~~~ Date E. DOHRMAN Date JE . DOHRMAN --Page 16 of 17-- ~ ~ < y COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this~~ day of undersigned officer, personally 2007, before me, the DOHRMAN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. `/ - Nor~ruu s~~ nF~NV ~ RiE~o: ~cMUii~~ .~cou C ExpltN Nov 3. ~Ql COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this 1 ~ day of ~~ tA.ti 2007, before me, the undersigned officer, personally appeared JEFFREY P. DOHRMAN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N V NA NOTARIAL SEAL LISA ANN HIGHLANDS, NOTARY PUBLIC CARLISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES AUG. 20, 2009 --Page 17 of 17-- .A~? tAsS1ATC)N t_ ~ ~~ 'i t?s~ 9 YMA~Ii "~' -~ ~ L"iM~~Nli7 ,M~^NIC~Or Pr i ?3 -,, ;~ , d (~ .L wbft i+~Nq~{~ AWiA111~11p.7 ~ r__. CJ ~-~ J ,_ _ ,~ -- ~ _ - ~; .. _.~ _-- '_~: "`~ `.i3 --G KARA E. DOHRMAN, Plaintiff v. JEFFREY P. DOHRMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-433 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on January 27, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 05/02107 by Defendant: 05!02/07 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 18, 2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 14, 2007 J~nh~~ '~~,hx`nn -, dim Q~ Hannah Herman-Snyder, Esq ire GRIFFIE & ASSOCIATES Attorney for Plaintiff N ~ ` ~ C ~,, - -- --+ ~' ' _ _;.s~ ~_ ~ ,r-° c :5:, x~ -_~; ~, 'C' =" `_' _ 4 CJ . I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .~;,, •,. Kara E. Dohrman, Plaintiff VERSUS Jeffrev P. Dohrman Defendant NO. 2007-433 DECREE IN DIVORCE ~.. ~~; SoA,~y . AND NOW, ~ ~ V , ~, IT IS ORDERED AND DECREED THAT Kara E. Dohrman PLAINTIFF, AND Jeffrey P. Dohrman ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; The parties Property Settlement Agreement entered into on February 23, 2007 is incorporate,-~~in, but not merged. ATYr~ST: J. PRC~THOIJ~iI"ARY -~p ~ ~°~'""' ~~ ~o ~~ ~ .~ ~~ ~~~