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HomeMy WebLinkAbout07-4139IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. DEHOFF, No. Q~J- !-/ 13q C; vi ( berm Plaintiff, . vs. CIVIL ACTION -LAW CINDY M. DEHOFF, 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 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 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 available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Lawyer Referral Service: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. DEHOFF, No. Plaintiff, vs. CIVIL ACTION -LAW CINDY M. DEHOFF, Defendant Divorce AVI50 PARR DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes pars usted. Cuando la base pars el divorcio es indignidades o rompimiento irreparable del matrimoni, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Lawyer Referral Service: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. DEHOFF, No, 07- S~/3 ~r C~..~,! ~-- Plaintiff, . vs. CIVIL ACTION -LAW CINDY M. DEHOFF, . Defendant Divorce COMPLAINT FOR DIVORCE 1. Plaintiff is Shawn A. Dehoff, who currently resides at 4411 Davidsburg Road, Dover, York County, Pennsylvania 17315. 2. Defendant is Cindy M. Dehoff, who currently resides at 20A South Washington Street, Cumberland County, Shippensburg, Pennsylvania 17257. 3. Both parties have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 11, 2005 at Shippensburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. COUNTI No-Fault -Section 3301(c) 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests your Honorable Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested. CGA LAW FIRM r~ ~ By: omas D. Shea, Esquire Supreme Court No. 34618 135 North George Street York, PA 17401 Tel: (717) 848-4900 VERIFICATION I, Shawn A. Dehoff, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 7 -~f , 2007 ~ ,~~~ Shawn A. Dehoff 7~ ~ ~ ~ ~ ~ O - ~ - _._., n T_ ~ t . [~ O '3 ~ 0 - C.nJ ~ J ~.3 7V t o ~ ,;, .~ ~~~ .~ .. ` C.,J C.,.; Yj~,. 47 "< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. DEHOFF, v. CINDY M. DEHOFF, Plaintiff, Defendant No. 07-4139 CIVIL TERM CIVIL ACTION -LAW Divorce AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF YORK ) THOMAS D. O' SHEA, ESQUIRE, counsel for the Plaintiff in the above captioned matter, being duly sworn according to law, deposes and says that on July 16, 2007, there was delivered to the Post Office of York, Pennsylvania, for delivery to Cindy M. Dehoff, 20-A South Washington Street, Shippensburg, Pennsylvania 17257, by certified mail, the Divorce Complaint, for which deponent received at that time receipt for certified mail No. 7005 2570 0000 2031 3076, a copy of which is attached hereto as Exhibit "A". Thereafter there was returned the certified mail receipt card bearing the same number and signed "Cindy M. Dehoff, showing a delivery date of July 17, 2007. Said return receipt card is attached hereto as Exhibit "B". Thomas D. O'Shea, Esquire Supreme Court No. 34618 135 North George Street York, PA 17401 Tel: (717) 848-4900 Sworn and subscribed to before me a-h this ~5 day o 2007. h. hG~ Notary Public COMMONWEALTH pi= PENNSYLVANIA Notarial Seal Christy L. LaMotte, Notary Public Cfty Of York, York County MY Commission Expires O~cc 2S, 2010 Member, Pennsylvania Association of Notaries • ~* ' EXHIBIT "A" .~ ~ ~ r` m m a ~ Po.~epa $ ~~ 0~ ~ l Certlfied Fee O ~ Retum Receipt Fee ~ (Endorsement Required) Poatrnerk Here O Reetrbted t)eNvery Fee r- (Endorsement Required) u'1 ~ Total Postage 8 Fees $ ~~ ~'I O to c%14t BAs, ~rl.t~:~! ..r~l ....1:. ~~ ------- f~ ~~ EXHIBIT "B" ^ Cornptmbs items 1 ~ 2. and 3. Ado . , . Item 4 H Restricbad. DeNrsry is desk*d~ ^ Print y~otu' Hems and addroea txt the rsverae so that vrs cer- rstum the card to ycu. ^ Attach thts card to the beck of the mailpiece, or on the front tf space permits. ~. Artlds Addressed to: a.~-~ ~S.' ~~~ s-~. s~~~ l~ ~~ ~s? r O. adeuvery ~a t~ K YES, daNvay r rvo~c~ ,~ , ~~~ ~.~. .er^l.d l~ O Expsss D R.par.d O Rearm R.oebc ror Merdrarrdlse at~r~.ctta.r o ao.o. 2. Mlle Number ~„r-om,sr-ttce 7DD5 257D DDDD 2D31 3D76 Pia Form 3811. f=etxtrary 2004 Dortretk Retum Receipt teerK.e~ts~o r+.1 Y..,,,) 1..~ ~ G7 ~~~~ y ~3 ~ ~Cj i T4 ~~ y STS c~a ~ ~~ ``~-t - ,~ c.s SHAWN A. DEHOFF, IN THE COURT OF COMMON. PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW CINDY M. DEHOFF, Defendant No. 07-4139 Civil Term AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on July 13, 2007. 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 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. Date: /~- % O13 ~,e5~%~~ ~z~ Shawn A. Dehoff, Plaintiff C`~ C~. c~ r ~~, °.rr <~° -~~~ ~--` --~ ~ ' ~F ~ ~ ~ +'r' ~~~ ~` ,_ ~ ~~ ' --.:, r ° ~'- ._ -°-- -4 -:. 1.:.:' ~ SHAWN A. DEHOFF, vs. CINDY M. DEHOFF, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW Defendant No. 07-4139 Civil Term WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 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. Date: ~'- ~/-O~ ~~% ~ s~~~~ Shawn A. Dehoff, Plaintiff ~~ cv ,--.~ ~~ ; '=n ~~ .~ - ~ .~. -°rs ..,. .. , ; ~ . ,_ SHAWN A. DEHOFF, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW CINDY M. DEHOFF, Defendant No. 07-4139 Civil Term AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on July 13, 2007. 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 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. ~` Date: ~ 7~~ ~ Cindy M. D off, Defendant ~ ~.s ° ~~ xr. r te- /y y 1 1/ F ~ _ r ~ ~ ~ ~ ~ ~ .3" ~... , ~ .. ~ ~ A SHAWN A. DEHOFF, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW CINDY M. DEHOFF, Defendant No. 07-4139 Civil Term WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE t;ODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 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. Date: ~ b~ Cindy M. f, Defendant C ~~' ``n ~~ n~ ~ - ~ -n , ~.-, ~..... ~ ~, -"- ~a {. ~ ~ :~~ _ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ___L'~ day of ~9 u r ~'' , 2008, by and between SHAWN A. DEHOFF, of York County, Pennsylvania, hereinafter referred to as "Husband", and CINDY M. DEHOFF, of York County, Pennsylvania, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully joined in marriage on June 11, 2005, but differences have arisen between them in consequence of which they are living separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine finally and for all time their mutual rights with respect to property; and WHEREAS, Husband and Wife each acknowledge that he or she is fully cognizant of the assets, liabilities and general financial condition of the parties jointly and of each other individually, and both parties are of full and complete understanding that they have the right to seek the advice of separate legal counsel. NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows: SEPARATION. The parties agree to live separate and apart from each other, and each shall be free from the marital authority and control of the other as fully as if sole and unmarried. Neither shall molest, malign or interfere with the other, or compel or attempt to compel the other to live with him or her by any means whatsoever. Each may live as and wherever she or he may see fit, subject only to the provisions of this Agreement. 2. REAL ESTATE DISTRIBUTION. A. Wife hereby agrees to convey to Husband any and all right, title, and interest which Wife may have in the marital residence located at 6720 Harmony Grove Road, Dover, Pennsylvania 17315. Wife agrees to execute all documents necessary, as Husband may request, to fully and effectively fulfill the condition of this obligation. B. Husband shall refinance the mortgage against the marital residence in order to remove Wife's name from the mortgage. Husband shall refinance the mortgage wrt m sixty days of the date of this Agreement p~,` ~,~ G~. ~~~ ~ 1~-~ 7~ ~_~ CZ~Ur-•~Q.~ ~ ~.b a.~. ~'D ,,~-N~Q l.J ~S ~I.iA~L w/ ~. ~,O ~~ C. As of the effective date of this Agreement, Husband shall enjoy sole possession of the property and shall assume and pay expenses of the property, whether incurred prior to or after such date of whatever nature, including, but not limited to, the mortgage, insurance, taxes, assessments, maintenance, capital improvements, repairs and replacements. Husband shall defend, save harmless, and indemnify Wife against any and all such expenses and costs (including attorney's fees) of the property, it being the express intention of the parties that Wife shall have absolutely no obligation with respect to the property upon effect of this Agreement. PERSONAL PROPERTY. A. Wife shall retain the wedding gifts, furniture, china and other items that are stored at Husband's parents' home. Wife and Husband shall arrange a mutually convenient time for Wife to pick up these items. B. Except as provided in subparagraph 3.A. above, the parties acknowledge that they have heretofore to their mutual satisfaction, divided between them all tangible personal property belonging to either or both of them and that each has assigned to the other all his or her right, title and interest in the property belonging, as agreed, to the other. Henceforth, each shall own all items of tangible personal property, recently divided or hereafter acquired, independently of any claim of the other and with full power to dispose of the same as fully as if he or she were sole and unmarried. C. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible and intangible, hereafter acquired by him or her, 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. 4. MOTOR VEHICLES. A. Each party shall retain the vehicle currently in his or her own possession. The parties agree to execute all documents necessary to transfer to the other party any and all right, title and interest which he or she may have in the motor vehicle to be retained by the other P~Y• B. As of the date of the execution of this Agreement, save and except as may have been provided for herein, both parties acknowledge that they are fully responsible for maintenance and upkeep of their respective motor vehicles, as well as responsible for payment of any encumbrance upon said motor vehicles and for the payment of any insurance required upon those motor vehicles. 2 DEBTS. Each party represents and warrants to the other that they have not incurred any debts or made any contracts which they have not disclosed before signing this agreement, for which the other party or his/her estate might be liable, and that they shall not contract or incur any debt or liability henceforth for which the other party or his/her estate might be liable. 6. CREDIT CARDS. Each party further agrees that they shall return any and all credit cards or charge plates which he or she may have in his/her possession to the party who is the owner of the account and agrees that any debt incurred on any credit cards or charge plates not returned to the other party shall be the sole and exclusive responsibility of the party who charged the debt. Each agrees to save the other harmless from any obligations or institutions of suit commenced due to any charges made on the other's card after date of execution of this Agreement. 7. PENSION PLANS, EMPLOYEE BENEFITS. Each party waives any right, title or interest which he or she may have with respect to any and all pension plans, employee benefits, 401(k) plans, stock options, IRAs, etc., having accrued or to accrue to the other. SEPARATE ASSETS. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 9. ALIMONY. Each party hereby waives any and all claims that he or she may have against the other party for alimony, alimony pendente lite, and/or spousal support. 10. CASH PAYMENT. Husband shall pay to Wife the amount of $10,000.00. Husband shall make this payment to Wife at the time Husband refinances the mortgage against the marital residence. 3 11. HEALTH INSURANCE REIMBURSEMENT CHECKS. Husband shall immediately pay to Wife the funds he received from his health insurance provider for services obtained by Wife. These reimbursement amounts are as follows: , $82.00 for a dental bill, s. (~ ~„~, ~ ~ , ( -~ ~l.~:d~ ~b~.b~d ~.3uU /~`Q-e,t't'v"G C.i~¢ Clt~,. 12. RIGHT TO COUNSEL. ~~ ~ d~ $Q.rr~ ~ ~J ~ '~'~~~--- Husband is represented by Thomas D. O'Shea, Esquire, who prepared this ~-~='~ Agreement at Husband request. Wife is represented by Martha B. Walker, Esquire. 13. COUNSEL FEES. Each party shall pay his or her own counsel fees without contribution from the other party. 14. BREACH. A. If either party breaches any provision of this Agreement, the other shall have the right, at his or her election, either to sue for specific performance of this Agreement or to sue for damages premised upon said breach. In such proceedings, the only issue shall be whether one or both of the parties has breached the Agreement and in no event shall either Husband or Wife, their attorneys or legal representatives, have the right to question any of the provisions of this Agreement. B. This Agreement, at the option of either party, maybe submitted to a court having jurisdiction over the marital action between Husband and Wife so that this Agreement can become part of any decree of divorce issued by said court and be made a part of said decree and any judgment thereon, with jurisdiction remaining in the court so that the terms hereof are complied with. The Agreement, however, will survive the decree of divorce and not be merged into it. Furthermore, both parties acknowledge that this Agreement maybe enforced by the court regardless of whether it is made part of a Divorce Decree. C. In the event that either party must bring an action based upon the breach of the other for any of the terms and conditions of this Agreement, the party having so breached the Agreement (the responsibility for breaching the Agreement to be determined by a court of competent jurisdiction), agrees to be responsible not only for the damages sustained by the non- breachingparty, but also agrees to reimburse the non-breaching party for any and all attorney's fees and court costs incurred because of the breach of the within Agreement. 4 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this pazagraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable regardless of federal or state law to the contrary and each party waives any and all right to assert that any obligation hereunder is discharged or dischazgeable. 16. HUSBAND'S LIABILITY. Wife agrees that she has not contracted as of the date on which the parties separated nor shall Wife contract in the future, any debt or liability for which Husband or his property or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations so incurred by her. 17. WIFE'S LIABILITY. Husband agrees that he has not contracted as of the date on which the parties separated nor shall Husband contract in the future, any debt or liability for which Wife or her property or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reasan of debts or obligations so incurred by him. 18. HUSBAND'S ESTATE. Wife agrees that, as of the date of the execution of this Agreement, she will release any and all claims which she would have in Husband's estate, regardless of whether he would die testate or intestate, and Wife further agrees that she does hereby waive, release and forever give up any right which she would have to elect against her Husband's Will, should any such Will now exist or hereafter come into being. Wife further releases any claim which she might have to act as Executrix or Administratrix of Husband's estate, and further releases any claim which she would have to declare any exemption allowed by any surviving spouse under the applicable laws of the Commonwealth of Pennsylvania. 19. WIFE'S ESTATE. Husband agrees that, as of the date of the execution of this Agreement, he will release any and all claims which he would have in Wife's estate, regardless of whether she would die testate or intestate, and Husband further agrees that he does hereby waive, release and forever give up any right which he would have to elect against his Wife's Will, should any such Will now exist or hereafter come into being. Husband further releases any claim which he might have to act as Executor and Administrator of Wife's estate, and further releases any claim which he would have to declare any exemption allowed by any surviving spouse under the applicable laws of the Commonwealth of Pennsylvania. 20. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to effect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto or any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 21. NO-FAULT DIVORCE. The parties intend to secure a mutual consent or no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended. Husband and Wife shall immediately execute an Affidavit of Consent and Waiver of Notice consenting to the entry of a final Decree in divorce. 22. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, 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. 23. AGREEMENT MAY BE INCORPORATED IN DIVORCE DECREE. The parties agree that at the option of either party, the terms of this Agreement maybe incorporated, but not merged, into any divorce decree which maybe entered with respect to them. 6 24. MODIFICATION. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this 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. 25. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties, if they have executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 26. FINANCIAL DISCLOSURE. The parties confirm that each has relied on substantial accuracy of the financial disclosures of the other as an inducement to the execution of this Agreement. 27. EXECUTION OF DOCUMENTS. Husband and Wife agree that each will, without remuneration and at the request of the other, execute or join in the execution of any and all documents required to give full force and effect to the provisions of the within Agreement. 28. 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 be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 29. 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. 7 .., 30. 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. 31. SUBSEQUENT RECONCILIATION. In the event the parties should reconcile, this Agreement shall remain valid unless the parties agree in writing to cancel the provisions of this Agreement. 32. CONSTRUCTION OF AGREEMENT. No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. In the construction of this Agreement, the parties hereto intend and agree that the separate provisions of this Agreement shall be construed as a whole and, where possible, consistent with each other. 33. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement the day and year first above written. Witness: Shawn A. De off Cindy M. D 8 SHAWN A. DEHOFF, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND CO., PENNSYLVANIA v. . No. 07-4139 Civil Term CINDY M. DEHOFF, . Defendant :CIVIL ACTION -DIVORCE PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: on July 17, 2007 by certified mail, restricted delivery. 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: 8/4/2008; by Defendant: 8/7/2008. (b)(1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: (2) Date of filing of the 3301(d) affidavit: (3) Date of service of the 3301(d) affidavit upon respondent: 4. Related claims pending: All claims have been resolved pursuant to a Separation and Property Settlement Agreement executed by the parties on August 4, 2008. 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 Plaintiffs Waiver ofNotice in §3301(c) Divorce was filed with the prothonotary: 8/5/2008. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: 8/ 12/2008. Thomas D. O'Shea, Esquire Counsel for Plaintiff Supreme Court No. 34618 135 North George Street York, PA 17401 Tel: (717) 848-4900 ~ C °~ , ~ ~ " -ti ~ ~: ~ ~ r~ ~~ ~ i..+~ 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. _ ~ ; SHAWN A . D~EIOFF Plaintiff VERSUS CINDY M. DEHOFF Defendant N O. 07-4139 Civil Term DECREE IN DIVORCE AND NOW, G(L~ik+Y Z~ ~O 8 , IT IS ORDERED AND DECREED THAT SHAWN A . DEEiOFF AND CINDY M. DEHOFF ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, 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; All claims have been settled pursuant to an Agreement dated August 4, 2008 attached hereto and made part hereof, and in accordance with Paragraph 23. Page 6 of said Agreement, a parties agree t tat the option of either party, the°terms of this Agreement may be incorporated, but not merged, into orw r~icrr.v-i+o ~r.~.r~r. c.d-.i ~.b. mr... 1-... .... ~-.........7 ..S aL. .-....~....a a.. aL..~ 11 BY THE URT: ATT E .~ J . PROTHONOTARY . ~_ Walker, Connor & Johnson LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 -Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, ) Civil Action -Law Plaintiff, ) vs. } No. 07-4139 Cindy M. Dehoff, ) Defendant, } In Divorce a v.m. NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Defendant in the above-captioned matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 28Th day of August, 2008, hereby elects to retake and hereafter use her previous name of Cindy M. Poe, and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P.L. 192 as amended. COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN Cindy M. ff Cindy M. e SS: On the `,~ ~d day of 2008, before me, a Notary Public, personally appeared Cindy M. Dehoff, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA / /~ ~,~ Nota~l Seal lG ' ~ 11 Stacey A. Shank, Notary Public NO ub11C Chambersbu~g Born, FrankM County My Commission Expires Jan.12, 2012 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, PlaintifflRespondent, ) Civil Action -Law No. 07-4139 In Divorce a v.m. vs. Cindy M. Dehoff, now Cindy M. Poe, Defendant/Petitioner, PETITION TO ENFORCE PROPERTY AND SEPARATION AGREEMENT AND PETITION FOR CONTEMPT PURSUANT TO 23 PA. C.S.A. §3105(a) AND §3502(e) Pursuant to 23 Pa. C.S.A. §3105 (a) and §3502(e) of the Divorce Code, the Defendant, Cindy M. Dehoff, now Cindy M. Poe, ("Petitioner"), by and through her attorney, Martha B. Walker, Esquire of Walker, Connor & Johnson, LLC, respectfully represents: 1. Petitioner is Cindy M. Dehoff, now Cindy M. Poe, an adult individual residing at 20A South Washington Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent is Shawn A. Dehoff, an adult individual residing at 4411 Davidsburg Road, York County, Dover, Pennsylvania 17315. 3. The parties are bound by a Property and Separation Agreement dated August 4, 2008, a copy of which is attached hereto and marked as Exhibit "A". 4. The parties were divorced on August 28, 2008. See attached Exhibit "B". 5. Paragraph 2(B) of the aforementioned Agreement requires Respondent to refinance the mortgage against the marital residence and the loan with Peoples Bank to remove Wife's name from the mortgage and loan within 60 days of the date of said Agreement. Respondent has failed to do so, or to provide proof to Petitioner that he has done so. 6. Paragraph 10 of the aforementioned Agreement requires Respondent to pay Wife the amount of $10,000.00 at the time he refinances the mortgage. Respondent has failed to do so. 7. Paragraph 14(c) of the aforementioned Agreement requires any party breaching said Agreement to reimburse the non-breaching party for any and all attorney's fees and court costs incurred because of the breach. 8. Petitioner has complied with all of the terms of the aforementioned Agreement. 9. Despite letters and a-mails between Petitioner's attorney and Respondent's attorney of November 5, 2008, November 6, 2008 and January 30, 2009 as attached hereto and marked as Exhibits "C", "D" and "E", Respondent has not complied with the Court Order. 4 10. Petitioner has had to incur over One Thousand Five Hundred ($1,500) Dollars in attorney's fees in an effort to secure Respondent's compliance with the Court's Order, including prepazation of this Petition and an anticipated hearing. WHEREFORE, Petitioner requests this Honorable Court to issue a Rule setting a hearing to review the facts of this case, and thereafter to order Respondent to refinance the mortgage and loan to People Bank so as to remove Wife's name therefrom, order payment to Petitioner pursuant to the terms of the parties' Property and Sepazation Agreement and order Respondent pay One Thousand Five Hundred ($1,500) Dollazs in attorney's fees. Respectfully submitted, WALKER, CONNOR & JOHNSON, LLC By: ,6 artha B. Walk r, Esquire ttorney I.D. # 15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Petitioner 5 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 falsification to authorities. DATE: ~ ~(f ~- d y' ;~' ,~ ,. 1' ,rJ Cindy M. P 6 CERTIFICATE OF CONCURRENCE I, Martha B. Walker, Esquire, attorney for Petitioner in the above-referenced matter hereby certify that on the -day of February, 2009, I contacted Thomas D. O'Shea, Esquire, attorney for Respondent in the above-referenced matter. Attorney O'Shea is not in concurrence with the filing of the foregoing Petition. WALKER, CONNOR & JOHNSON, LLC By: artha B. W ker, Esquire Attorney LD. #15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Petitioner 7 CERTIFICATE OF SERVICE I, Martha B. Walker, Esquire, hereby certify that on this ~ day of February, 2009, I served a true and correct copy of the foregoing Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 Pa. C.S.A. ~3105(a) and ,~3502(e) at the address indicated below: Thomas D. O'Shea CGA Law Firm CGA Professional Center 135 North George Street York, PA 17401 Copies of Exhibits are not included herein. They will be provided with service of true and attested copies of this document. Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail WALKER, CONNOR & .IOHNSON, LLC By: ,B. artha B. Walker, Esquire Attorney I.D. #15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Petitioner 8 ,~ ~j SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this l ' • day of /~eg w r ~ , 2008, by and between SHAWN A. DEHOFF, of York County, Pennsylvania, hereinafter refereed to as "Husband", and CINDY M. DEHOFF, of York County, Pennsylvania, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully joined in marriage on 3une 11, 2005, but differences have arisen between them in consequence of which they are living separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine finally and for all time their mutual rights with respect to property; and WHEREAS, Husband and Wife each acknowledge that he or she is fully cognizant of the assets, liabilities and general financial condition of the parties jointly and of each other individually, and both parties are of full and complete understanding that they have the right to seek the advice of sepazate legal counsel NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows: 1. SEPARATION. The parties agree to live separate and apart from each other, and each shall be free from the marital authority and control of the other as fully as if sole and unmarried. Neither shall molest, malign or interfere with the other, or compel or attempt to compel the other to live with him or her by any means whatsoever. Each may live as and wherever she or he may see fit, subject only to the~provisions of this Agreement. 2. .REAL ESTATE DISTRIBUTION. A. Wife hereby agrees to convey to Husband any and all right, title, and interest which Wife may have in the marital residence located at 6720 Harmony Grove Road, Dover, Pennsylvania 17315. Wife agrees to execute all documents necessary, as Husband may request, to fully and effectively fulfill the condition of this obligation. B. Husband shall refinance the mortgage against the marital residence in order to remove Wife's name from the mortgage. Husband shall refinance the mortgage wit~iin sixty days of the date of this Agreement p~,~, ~,~ ~ ~~.~ ~'~~ ~~ d,~,,~ -- ~2.~ ~,a.,t, a•4..~'D .i4.t~vwMQ, w ~s .,~,~~ ~,,,~ i,~;~, (t0 ~ ~~ C. As of the effective date of this Agreement, Husband shall enjoy sole possession of the property and shall assume and pay expenses of the property, whether incurred prior to or after such date of whatever nature, including, but not limited to, the mortgage, insurance, taxes, assessments, maintenance, capital improvements, repairs and replacements. Husband shall defend, save harmless, and indemnify Wife against any and all such expenses and costs (including attorney's fees) of the property, it being the express intention of the parties that Wife shall have absolutely no obligation with respect to the property upon effect of this Agreement. 3. ,PERSONAL PROPERTY. A. Wife shall retain the wedding gifts, furniture, china and other items that are stored at Husband's parents' home. Wife and Husband shall arrange a mutually convenient time for Wife to pick up these items. B. Except as provided in subparagraph 3.A. above, the parties acknowledge that they have heretofore to their mutual satisfaction, divided between them all tangible personal property belonging to either or both of them and that each has assigned to the other all his or her right, title and interest in the property belonging, as agreed, to the other. Henceforth, each shall own all items of tangible personal property, recently divided or hereafter acquired, independently of any claim of the other and with full power to dispose of the same as fully as if he or she were sole and unmarried. C. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items ofpersonal property, tangible and intangible, hereafter acquired by him or her, 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. 4. MOTOR VEHICLES. A. Each party shall retain the vehicle currently in his or her own possession. The parties agree to execute all documents necessary to transfer to the other party any and all right, title and interest which he or she may have in the motor vehicle to be retained by the other P~Y• B. As of the date of the execution of this Agreement, save and except as may have been provided for herein, both parties acknowledge that they are fully responsible for maintenance and upkeep of their respective .motor vehicles, as well as responsible for payment of any encumbrance upon said motor vehicles and for the payment of any insurance required upon those motor vehicles. 2 DEBTS. Each party represents and warrants to the other that they have not incurred any debts or made any contracts which they have not disclosed before signing this agreement, for which the other party or his/her estate might be liable, and that they shall not contract or incur any debt or liability henceforth for which the other party or his/her estate might be liable. 6. CREDIT CARDS. Each party further agrees that they shall return any and all credit cazds or charge plates which he or she may have in his/her possession to the party who is the owner of the account and agrees that any debt incurred on any credit cards or charge plates not returned to the other party shall be the sole and exclusive responsibility of the party who charged the debt. Each agrees to save the other harmless from any obligations or institutions of suit commenced due to any charges made on the other's card after date of execution of this Agreement. 7. PENSION PLANS, EMPLOYEE BENEFITS. Each party waives any right, title or interest which he or she may have with respect to any and all pension plans, employee benefits, 401(k) plans, stock options, IRAs, etc., having accrued or to accrue to the other. SEPARATE ASSETS. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. ALIMONY. Each party hereby waives any and all claims that he or she may have against the other party for alimony, alimony pendente lite, and/or spousal support. 10. CASH PAYMENT. Husband shall pay to Wife the amount of $10,000.00.. Husband shall make this payment to Wife at the time Husband refinances the mortgage against the marital residence. 3 11. HEALTH INSURANCE REIMBURSEMENT CHECKS. Husband shall immediately pay to Wife the funds he received from his health insurance provider for services obtained by Wife. These reimbursement amouuits are as follows: $82.00 for a dental bill, s. (,U`t,~,,~, A.~,,~ '` ~,~,~ ~ r -~ ~'~- Fb+~°~ ~x.u ~.t.eanre. ~,,,t Mgt,, 12. RIGHT TO COUNSEL. ~~ lVi.Ga~,i- g j~ '~ Husband is represented by Thomas D. O'Shea, Esquire, who prepared this _--~..s~ Agreement at Husband request. Wife is represented by Martha B. Walker, Esquire. 13. COUNSEL FEES. Each party shall pay his or her own counsel fees without contribution from the other party. 14. BREACH. A. If either party breaches any provision of this Agreement, the other shall have the right, at his or her election, either to sue for specific performance of this Agreement or to sue for damages premised upon said breach. In such proceedings, the only issue shall be whether one or both of the parties has breached the Agreement and in no event shall either Husband or Wife, their attorneys or legal representatives, have the right to question any of the provisions of this Agreement. B. This Agreement, at the option of either party, maybe submitted to a court having jurisdiction over the marital action between Husband and Wife so that this Agreement can become part of any decree of divorce issued by said court and be made a part of said decree and any judgment thereon, with jurisdiction remaining in the court so that the terms hereof are complied with. The Agreement, however, will survive the decree of divorce and not be merged into it. Furthermore, both parties acknowledge that this Agreement maybe enforced by the court regardless of whether it is made part of a Divorce Decree. C. In the event that either party must bring an action based upon the breach of the other for any of the terms and conditions of this Agreement, the party having so breached the Agreement (the responsibility for breaching the Agreement to be determined by a court of competent jurisdiction), agrees to be responsible not only for the damages sustained by the non- breachingparty, but also agrees to reimburse the non-breaching party for any arzd all attorney's fees and court costs incurred because of the breach of the within Agreement. 4 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankniptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this paragraph or any aiher provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable regardless of federal or state law to the contrary and each parry waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. HUSBAND'S LIABILITY. Wife agrees that she has not contracted as of the date on which the parties separated nor shall Wife contract in the future, any debt or liability for which Husband or his property or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations so incurred by her. 17. WIFE'S LIABILITY. Husband agrees that he has not contracted as of the date on which the parties separated-nor shall Husband contract in the future, any debt or liability for which Wife or her property or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations so incurred by him. 18. HUSBAND'S ESTATE. Wife agrees that, as of the date of the execution of this Agreement, she will release any and all claims which she would have in Husband's estate, regardless of whether he would die testate or intestate, and Wife further agrees that she does hereby waive, release and forever give up any right which she would have to elect against her Husband's Will, should any such Will now exist or hereafter come into being. Wife further releases any claim which she might have to act as Executrix or Administratrix of Husband's estate, and further releases any, claim which she would have to declare any exemption allowed by any surviving espouse under the applicable laws of the Commonwealth of Pennsylvania. 5 19. WIFE'S ESTATE. Husband agrees that, as of the date of the execution of this Agreement, he will release any and all claims which he would have in Wife's estate, regardless of whether she would die testate or intestate, and Husband further agrees that he does hereby waive, release and forever give up any right which he would have to elect against his Wife's Will, should any such Will now exist or hereafter come into being. Husband further releases any claim which he might have to act as Executor and Administrator of Wife's estate, and further releases any claim which he would have to declare any exemption allowed by any surviving spouse under the applicable laws of the Commonwealth of Pennsylvania. 20. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to effect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto or any act or acts on the part of the other parry which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 21. NO-FAULT DIVORCE. The parties intend to secure a mutual consent or no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended. Husband and Wife shall immediately execute an Affidavit of Consent and Waiver of Notice consenting to the entry of a -final Decree in divorce. 22. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, 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. 23. AGREEMENT MAY BE INCORPORATED IN DNORCE DECREE. The parties agree that at the option of either party, the terms of this Agreement may be incorporated, but not merged, into any divorce decree which maybe entered with respect to them. 6 24. MODIFICATION. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this 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 similaz nature. 25. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties, if they have executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 26. FINANCIAL DISCLOSURE. The parties confirm that each has relied on substantial accuracy of the financial disclosures of the other as an inducement to the execution of this Agreement. 27. EXECUTION OF DOCUMENTS. Husband and Wife agree that each will, without remuneration and at the request of the other, execute or join in the execution of any and all documents required to give full force and effect to the provisions of the within Agreement. 28. SEVERABILITY. If any teen, 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 ather respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of at~y party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 29. 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. 7 30. 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. 31. SUBSEQUENT RECONCILIATION. In the event the parties should reconcile, this Agreement shall remain valid unless the parties agree in writing to cancel the provisions of this Agreement. 32. CONSTRUCTION OF AGREEMENT. No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. In the construction of this Agreement, the parties hereto intend and agree that the separate provisions of this Agreement shall be construed as a whole and, where possible, consistent with each other. 33. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement the day and year first above written. Witness: ~~ Shawn A. De off Cindy M. D - 8 • N 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHAWN A . D~EiOFF P%~aintif f VERSUS CIAID~ M . DEEiOFF Defendant DECREE IN Civil Term AND NOW, G(,~i~ V ~ ZO° 8 , IT IS ORDERED AND DECREED THAT SHAWN A. DEHOFE' PLAINTIFF, AND CINDY M. DEHOFF N O. 07-4139 DIVORCE ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD 1N THIS ACTION FOR WHICH A F[NAL ORDER HAS NOT YET BEEN ENTERED; All claims have been settled pursuant to an Agreement dated August 4, 2008 attached hereto and made part hereof. and in accordance with Para~ranh 23, Page 6 of said Agreement, a parties agree that~at the option of either party, the terms of this Agreement may be incorporated, but not merged, into _~.. ~: _______ ~~_~__ _yS_L ____ L_ _~i____~ __~~L _______i a_ iL _.y I1 BY THE URT: ~/ ATT E Sfi: .J . PROTHONOTARY Martha a. Walkel, Esquire mbw@wcjlawoffice.com Michael J. Connor, Esquire mjcC~?wcjlawoffice.com Anne 5. Johnson, Esquire asj@wcjlawoffice.com SiaceyA. Shank Paralegal WALKER, CONNOR JOHNS OLN November 5, 2008 Via Facsimile Transmittal And Regular Mail Thomas D. O'Shea, Esquire CGA Law Firm CGA Professional Center 135 North George Street York, Pennsylvania 17401 Re: Dehoff a Dehoff Dear Attorney O'Shea: 247 Linco{n Way East Chambersburg, PA 17201 (717) 262-2185 Fax (717) 262-2187 I left a voicemail message for you on November 4~' indicating that Cindy still has not received the funds due her pursuant to the part'ies' Agreement. The Agreement required your client to refinance the mortgage and the loan to Peoples Bank to remove Cindy's name and make payment to Cindy in the amount of $10,000 by October 4th Cindy agreed verbally to extend the time to October 31St If you reference my letter to you of August 7~', the actual amount due to Cindy is $9,249.29 due to a credit for half of the economic stimulus check and half of the tax refund received. Your client also owes Cindy $82.00 for the dental bill. The total amount due Cindy is $9,33 ] .29. He has told her that the. house still is not finished. At this point, Cindy is unwilling to agree to any more time as your client has had more than enough time since August 4`~ (date of the Agreement) to get his funds together. If payment is not received by this office by Monday, November 10~', my instructions are to proceed with an Enforcement Petition. Please advise. Very Truly Yours, Martha B. Walker MBW/sas cc: Cindy Dehoff ~_ L A W F I R M November 6, 2008 Martha B. Walker, Esquire Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg, PA 17201 Re: Shawn A. Dehoff v. Cindy M. Dehoff Dear Martha: Thomas D. O'Shea, Attorney toshea(a~ogalaw.com Ext. 106 I contacted Shawn Dehoff with respect to the payment that he owes to Cindy Dehoff. Unfortunately, he cannot get the financing until a furnace is put into the house. There have been some problems with the plumber getting the furnace in the house. Shawn keeps Cindy aware of the details. He is doing everything in his power to get the financing concluded. If a petition is filed with the court, it will probably take several months to go through the system and both parties will incur needless legal expenses. Sincerely, .- .-~ Thomas D. O'Shea TDO/aee c: Shawn A. Dehoff {~198~08,~} CGA Law Firm, CGA Professional Center, 135 N. George Street, York, PA 17401, 717.848.4900, Fax 717.843.9039, www.cgalaw.com ' Martha B~ Walkers Esquire mbw@wcjlawoffice.com Michael J. Connor, Esquire mjc@wcjlawoffice.com Anne S. Johnson, Esquire, CFP• asj@wcjlawoffice.com David F. Spang, Esquire dfs@wcjlawoffice.com WA 1 1~ H R ~ ~Li~.L 247 Lincoln Way East Chamb b / ers urg, Pq 17201 ,717, 2622'$5 CONNOR Fax ~717~ 262-2187 J Stacey A. Shank OHNSON Paralegal LLC Julie M. Metz Estate Paralegal January 30, 2009 Via Facsimile Transmittal and Regular Mail Thomas D. O'Shea, Esquire CGA Law Firm CGA Professional Center 135 North George Street York, Pennsylvania 17401 Re: Dehoff v. Dehoff Dear Mr. O'Shea: You will recall that the parties' Agreement required Mr. Dehoff to make payment to Cindy, which he was to do by October 4, 2008. Cindy agreed to extend the time to October 31St You then wrote to me on November 6~' requesting another extension until the furnace was installed. It is now almost three months later and Cindy still does not have her money. If same is not received by February 9`", I will be filing an enforcement. petition requesting counsel fees and expenses and interest on the unpaid funds. Please be assured that Cindy's patience and understanding in this matter have now ended. Very Truly Yours, Martha B. Walker MBW/sas cc: Cindy Dehoff _.~-- r-,~ C~ ~` +.;:r °s r ~ ~-~ {r.) - r ~-,- ~'Tl ,. i ..... ^w: WALKER, CONNOR & JOHNSON LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187-Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, ) Civil Action -Law Plaintiff/Respondent, ) vs. ) No. 07-4139 Cindy M. Dehoff, now Cindy M. Poe, ) Defendant/Petitioner,) In Divorce a v.m. ORDER OF COURT AND RULE TO SHOW CAU5E AND NOW, this `1` day of ~~ , 2009, upon consideration of the within Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent, Shawn A. Dehoff, to show cause, if any he has, as to why Petitioner, Cindy M. Dehoff, now Cindy M. Poe, is not entitled to the relief requested; 2. Respondent shall file a verified Answer to the Petition within twenty (20) days of service upon the Respondent; 3. The Petition shall be decided under Pa R.C.P. No. 206.7; 4. Depositions shall be completed within ~~ days of the service upon Petitioner of the Answer to the Petition; 5. I'[~ring~d{er 1~'gument shall be held on ~~a~ 2009, at (! ~ Q (~ o'clock ~_m. in Courtroom No. ~_ of the Cumberland County Courthouse, Cazlisle, PA; 6. If Items 4 and 5 above are left blank, depositions and/or argument or hearing will be considered upon the request of any parry; and 7. Notice of entry of this Order shall be provided to all parties by the Petitioner. In the case of Preliminary Objections [Local Rule 1028(a)], Motions for Judgment on the Pleadings [Local Rule 1034 (a)] and Motions for Summary Judgment [Local Rule 1035 (a)], parties shall follow the procedures for disposition set forth in those rules. ,~ ~ p By the Court, }^((/~~} /~~~,~+,~j w ~,~ ~` ~~ P l z ~ ~~~ ~ +~- ~~W 1 1 .' -~ SHAWN A. DEHOFF, Respondent/Plaintiff v. CINDY M. DEHOFF, n/k/a CINDY M. POE, PetitionerlDefendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4139 CIVIL ACTION -LAW 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 action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Bedford Street Carlisle, PA 17031 (717) 249-3166 SHAWN A. DEHOFF, Respondent/Plaintiff v. CINDY M. DEHOFF, n/k/a CINDY M. POE, Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4139 CIVIL ACTION -LAW : DIVORCE AVISO PARR DEFENDER Y RECLAMAR DERECHOS AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJAD AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USETED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE 1NFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17031 (717) 249-3166 SHAWN A. DEHOFF, Respondent/Plaintiff v. CINDY M. DEHOFF, n/k/a CINDY M. POE, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4139 CIVIL ACTION -LAW : DIVORCE ANSWER TO PETITION TO ENFORCE PROPERTY AND SEPARATION AGREEMENT AND PETITION FOR CONTEMPT PURSUANT TO 23 PA. C.S.A. § 3105(a) AND § 3502 (e) AND NEW MATTER AND NOW, this ~~~~ day of ~~~ ~i , 2009 comes the Plaintiff/Respondent, Shawn A. Dehoff, by and through his attorney, Thomas D. O'Shea, Esquire of the CGA Law Firm, and filed this Answer to Petition to Enforce Property and Separation Agreement and Petition for Contempt, and New Matter, and states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that Paragraph 2.B. of the Agreement required Husband to refinance the mortgage against the marital residence and to remove Wife's name from the mortgage and loan within sixty days of the date of the Agreement. Byway of further answer, after execution of the Separation and Property Settlement Agreement, Husband learned that he could not refinance the house until after the house was completed. The house was under construction at the time the parties executed the Separation and Property Settlement Agreement. Husband made Wife aware of this and Wife verbally agreed that she would extend the time for Husband to obtain the refinancing based upon the fact that the house was not completed. One of the largest items that needed to be completed was the installation of the furnace. The service people for the furnace could not complete the job until New Years Eve, December 31, 2008. In January 2009, Husband began the application process with three different financial institutions. However, he has experienced difficulties in obtaining the financing. 6. Admitted. By way of further answer, Husband cannot get the $10,000.00 until he is approved for the refinancing. Wife was aware that Husband could not obtain the $10,000.00 without getting approval for refinancing. 7. Admitted. 8. Admitted. 9. Admitted. Byway of further answer, Husband cannot refinance the house and pay Wife without the approval of a financial institution. 10. This information is not within the knowledge of Husband and no responsive pleading is required. WHEREFORE, Respondent/Plaintiff respectfully requests that this Honorable Court dismiss Petitioner/Defendant's Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 Pa. C.S.A. § 3105(a) and § 3502(e). NEW MATTER 11. At the time the parties executed the Property Settlement Agreement dated August 4, 2008, neither party was aware of the fact that Husband could not refinance the house until the construction on the house was completed. This was a mutual mistake of fact. 12. The construction on the house was not completed until December 31, 2008. 13. Due to financial conditions with mortgage lenders, the requirements to obtain a mortgage now are much more stringent than they were in the summer of 2008 and Husband has not yet been qualified for a mortgage to refinance the marital residence. 14. Husband has made three mortgage applications in an effort to refinance the marital residence and pay Wife the money that is due to her. 15. Husband has not yet been approved for any mortgage to refinance the property and pay Wife the amount that is due to her. At the time the parties executed the Property Settlement Agreement, both parties believed the Husband would be able to obtain the refinancing without any problem. However, due to changes in the requirements of lending institutions for financing approval, Husband has not yet been able to obtain the money to refinance the marital residence. WHEREFORE, Plaintiff respectfully requests that Defendant's Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 Pa. C.S.A. § 3105(a) and § 3502(e) be dismissed. Respectfully submitted, CGA LAW FIRM :- By: '' Thomas D. O'She uire PA 34618 135 North George Street York, Pennsylvania 17401 Tel: (717) 848-4900 Fax: (717) 843-9039 Email: toshea(a7cgalaw.com VERIFICATION I, the undersigned, Shawn A. Dehoff, hereby affirm that the facts contained in the foregoing Answer to Defendant's Petition to Enforce Property and Separation Agreement and Petition for Contempt are true and correct to the best of my lrnowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: 3 - a~~ -- 0 9 ~~~ ~,~:~~ Shawn A. Dehoff SHAWN A. DEHOFF, Respondent/Plaintiff v. CINDY M. DEHOFF, n/k/a CINDY M. POE, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4139 CIVIL ACTION -LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this date a copy of the foregoing Answer to Petition to Enforce Property and Separation Agreement and Petition for Contempt and New Matter in the above- captioned matter was served on opposing counsel by first class mail, postage prepaid, and addressed as follows: Martha B. Walker, Esquire Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg, PA 17201 CGA LAW FIRM Dated: ~ oZd X471 By: "Thomas ea, Esquire PA 34618 135 North George Street York, Pennsylvania 17401 Tel: (717) 848-4900 Fax: (717) 843-9039 Email: toshea@cgalaw.com 5 ~~ ~ ~ ~ • _~- , -n ~t C ~~ ~ ~, :: F-- ~~ ~ 1 ~. 4 ,a ~.. _ l1 ~`~ P° ~.y~~ r w ~ _. \ { '~ ~ •~~ ~ - `~ J I ~j, w3 WALKER, CONNOR & JOHNSON LLC 247Lincotn Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187- Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, ) Civil Action -Law Plaintiff/Respondent, ) vs. ) No. 07-4139 Cindy M. Dehoff, now Cindy M. Poe, ) DefendantlPetitioner,) In Divorce a v.m. ACCEPTANCE OF SERVICE I, Thomas D. O'Shea, Esquire, attorney for Plaintiff/Respondent in the above-captioned action, do acknowledge that I have received a true and attested copy of the Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 Pa. C.S.A. ~3105(a) and ~3502(e) filed in the above-captioned matter on February 23, 2009 as well as the Order of Court and Rule To Show Cause entered on IVlazch 4, 2009. Date: 3 /o O .,~. homas 'Shea, Esquire Attorney for Plaintiff/Respondent ~'1 t-y r" :.~° ~ _'_ tl r. ~. .~,.,, ,,. _ ~ t-7 WALKER, CONNOR & JOHNSON LLC 247Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 -Fax Shawn A. Dehoff, ) Civil Action -Law Plaintiff/Respondent, ) vs. ) No. 07-4139 Cindy M. Dehoff, now Cindy M. Poe, ) Defendant(Petitioner, } In Divorce a v.m. PRAECIPE TO WITHDRAW To: Prothonotary Please withdraw Defendant's/Petitioner's Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 PA. C.S.A. ~3105(a) and ~3502(e) in the above-referenced matter. WALKER, CONNOR & JOHNSON, LLC By: ~• M ha B. Walker, Esq ire Att rney ID# 15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Defendant/Petitioner i ~~ T1~l~ ~~~:~1~. ~~~r~r~rY Z~~~~ ~~~ 20 ~t~ :~~ c~3 ;[. .> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, Civil Action -Law Plaintiff/Respondent, vs. Cindy M. Dehoff, now Cindy M. Poe, Defendant/Petitioner, No. 07-4139 In Divorce a v.m. PETITION TO ENFORCE PROPERTY AND SEPARATION AGREEMENT AND PETITION FOR CONTEMPT PURSUANT TO 23 PA. C.S.A. §3105(a) AND §3502(e) Pursuant to 23 Pa. C.S.A. §3105 (a) and §3502(e) of the Divorce Code, the Defendant, Cindy M. Dehoff, now Cindy M. Poe, ("Petitioner"), by and through her attorney, Martha B. Walker, Esquire of Walker, Connor & Johnson, LLC, respectfully represents: 1. Petitioner is Cindy M. Dehoff, now Cindy M. Poe, an adult individual residing at 20A South Washington Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent is Shawn A. Dehoff, an adult individual residing at 4411 Davidsburg Road, York County, Dover, Pennsylvania 17315. 3. The parties are bound by a Property and Separation Agreement dated August 4, 2008, a copy of which is attached hereto and marked as Exhibit "A". 4. The parties were divorced on August 28, 2008. See attached Exhibit "B". 5. Paragraph 2(B) of the aforementioned Agreement requires Respondent to refinance the mortgage against the marital residence and the loan with Peoples Bank to remove Wife's name from the mortgage and loan within 60 days of the date of said Agreement. Respondent has failed to do so, or to provide proof to Petitioner that he has done so. 6. Paragraph 10 of the aforementioned Agreement requires Respondent to pay Wife the amount of $10,000.00 at the time he refinances the mortgage. Respondent has failed to do so. 7. Paragraph 14(c) of the aforementioned Agreement requires any party breaching said Agreement to reimburse the non-breaching party for any and all attorney's fees and court costs incurred because of the breach. 8. Petitioner has complied with all of the terms of the afarementioned Agreement. 9. Despite letters and e-mails between Petitioner's attorney and Respondent's attorney of November 5, 2008, November 6, 2008 and January 30, 2009 as attached hereto and marked as Exhibits "C", "D" and "E", Respondent has not complied with the Court Order. 4 ,~ ~~ 10. On February 23, 2009, Petitioner filed a Petition to Enforce Marital Agreement and Petition for Contempt and the Court issued the attached Order of March 4, 2009, setting a hearing for April 22, 2009 at 11 a.m. See attached Exhibit "F". 11. On April 13, 2009, the parties entered into an Amendment to their Agreement in which the Respondent promised to pay Petitioner $12,300 on or before May 8, 2009. See attached Exhibit "G". 12. In good faith and with the expectation of payment in full by the Respondent, Petitioner withdrew her Petition to Enforce Property and Separation. Agreement and Petition for Contempt on April 20, 2009. See attached Exhibit "H". 13. On May 7, 2009, the Respondent paid Petitioner $7,000.00 leaving a balance due of $5,300.00. He orally promised to pay her the balance shortly thereafter. 14. Despite request for same, Petitioner is still owed $5,300.00. 15. Petitioner has incurred attorney's fees of over One Thousand Five Hundred ($1,500.00) Dollars in an effort to secure Respondent's compliance with the Court Order, including preparation of this Petition and an anticipated hearing. 16. Respondent has still not refinanced the marital home, so as to remove Wife's name from the lien of the mortgage. 17. As Respondent has now defaulted in his payment to Petitioner. Petitioner requests the Court to immediately order the real estate to be sold at public auction, so that Wife's name can be removed from the mortgage and so Petitioner can receive her payment. WHEREFORE, Petitioner requests this Honorable Court to issue a Rule setting a hearing to review the facts of this case, and thereafter to order Respondent to refinance the mortgage and loan to People's Bank so as to remove Wife's name therefrom, order payment to Petitioner pursuant to the terms of the parties' Property and Separation Agreement as Amended and order Respondent pay One Thousand Five Hundred ($1,500) Dollars in attorney's fees. Respectfully submitted, WALKER, CONNOR & JOHNSON, LLC By: G~~_. artha B. Walker, squire ttorney I.D. # 15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Petitioner ,- 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 falsification to authorities. DATE: ~ ~~ Cindy M. o 6 J CERTIFICATE OF CONCURRENCE I, Martha B. Walker, Esquire, attorney for Petitioner in the above-referenced matter hereby certify that on the [~ day of August, 2009, I contacted Thomas D. O'Shea, Esquire, attorney for Respondent in the above-referenced matter. Attorney O' Shea is not in concurrence with the filing of the foregoing Petition. WALKER, CONNOR & JOHNSON, LLC By: a B. Walker, Esquire ttorney I.D. #15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Petitioner 7 CERTIFICATE OF SERVICE I, Martha B. Walker, Esquire, hereby certify that on this ~_ day of August, 2009, I served a true and correct copy of the foregoing Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 Pa. C.S.A. ~3105(a) and ~3502(e) at the address indicated below: Thomas D. 0' Shea CGA Law Firm CGA Professional Center 135 North George Street York, PA 17401 Copies of Exhibits are not included herein. They will be provided with service of true and attested copies of this document Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail WALKER, CONNOR & JOHNSON, LLC By: Mha B. Walker; Esquire orney I.D. #15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Petitioner 8 ~ ~/ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~ day of ~., ~r ~ , 2008, by and between SHAWN A. DEHOFF, of York County, Pennsylvania, hereinafter xeferred to as "Husband", and CINDY M. DEHOFF, of York County, Pennsylvania, hereinafter referred to as "Wife" . WITNESSETH: WHEREAS, Husband and Wife were lawfully j oined in marriage on June 11, 2005, but differences have arisenbetween them in consequence of which they are living separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine finally and for all~time their mutual rights with respect to property; and WHEREAS, Husband and Wife each acknowledge that he or she is fully cognizant of the assets, liabilities and general financial condition of the parties j ointly and of each other individually, and both parties are of full and complete understanding that they have the right to seek the advice of separate Legal counsel. NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows: SEPARATION. The parties agree to live separate and apart from each other, and each shall be free from the marital authority and control of the other as fully as if sole and unmarried. Neither shall molest, malign or interfere with the other, or compel or attempt to compel the other to live with hint or her by any means whatsoever. Each may live as and wherever she or he may see fit, subject only to the~provisions of this Agreement. 2. ,BEAT, ESTATE DISTRIBUTION. A. Wife hereby agrees to convey to Husband any and a.11 right, title, and interest which Wife may have in the marital residence located at 6720 Harmony Grove Road, Dover, Pennsylvania 17315. Wife agrees to execute all documents necessary, as Husband may request, to fully and effectively fulfill the condition of this obligation. B. Husband shall refinance the mortgage against the marital residence in order to remove Wife's name from the mortgage. Husband shall refinance the mortgage wi sixty days of the date of this Agreement ~. ~,Q ~ ~ ~~~( ~~ ~,,,;~_~ ~ ~~ C. As of the effective date of this Agreement, Husband. shall enjoy sole possession of the property and shall assume and pay expenses of the property, whether incurred prior to or after such date of whatever nature, including, but not limited to, the mortgage, insurance, taxes, assessments, maintenance, capital improvements, repairs and replacements. Husband shall defend, save harmless, and indemnify Wife against any and all such expenses and costs (including attorney's fees) of the property, it being the express intention of the parties that Wife shall have absolutely no obligation with respect to the property upon effect of this Agreement. 3. .PERSONAL PROPERTY. A. Wife shall retain the wedding gifts, furniture, china and other items that are stored at Husband's parents' home. Wife and Husband shall. arrange a mutually convenient time for Wife to pick up these items. B. Except as provided in subparagraph 3.A. above, the parties acknowledge that they have heretofore to their mutual satisfaction, divided between them all tangible personal property belonging to either or both of them and that each has assigned to the other all his or her right, title and interest in the property belonging, as agreed, to the other. Henceforth, each shall own all items of tangible personal property, recently divided or hereafter acquired, independently of any claim of the other and with full power to dispose of the same as fully as if he or she were sole and unmarried. C. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible and intangible, hereafter acquired by him or her, 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. 4. MOTOR VEHICLES. A. Each party shall retain the vehicle currently in his or her own possession. The parties agree to execute all documents necessary to transfer to the. other party any and all right, title and interest which he or she may.have in the motor vehicle to be retained by the other P~'• B. As of the date of the execution of this Agreement, save and except as may have been provided for herein, both parties acknowledge that they are fully responsible for maintenance and upkeep of their respective motor vehicles, as well as responsible for payment of any encumbrance upon said motor vehicles and for the payment of any insurance required upon those motor vehicles. 2 5. DEBTS. Each parry represents and warrants to the other that they have not incurred any debts or made any contracts which they have not disclosed before signing this agreement, for which the other party or his/her estate might be liable, and that they shall not contract or incur any debt or liability henceforth far which the other party or his/her estate might be liable. 6. CREDIT CARDS. Each party further agrees that they shall return any and all credit cards or charge plates which he or she may have in his/her possession to the party who is the owner of the account and agrees that any debt incurred on any credit cards or charge plates not returned to the other party shall be the sole and exclusive responsibility of the party who charged the debt. Each agrees to save the other harmless from any obligations or institutions of suit commenced due to any charges made on the other's card after date of execution of this Agreement. 7. PENSION PLANS, EMPLOYEE BENEFITS. Each party waives any right, title or interest which he or she may have with respect to any and all pension plans, employee benefits, 401(k) plans, stack options, IRAs, etc., having accrued or to accrue to the other. 8. SEPARATE ASSETS. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole Warne of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the parry not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 9. ALIMONY. Each party hereby waives any and all claims that he or she may have against the other party for alimony, alimony pendente lite, and/or spousal support. 10. CASH PAYMENT. Husband shall pay to Wife the amount of $10,000.00.. Husband shall make this payment to Wife at the time Husband refinances the mortgage against the marital residence. 3 11. HEALTH INSURANCE REIlvIBURSEMENT CHECKS. Husband shall immediately pay to Wife the funds he received from his health insurance provider for services obtained by Wife. These reimbursement amounts are as follows: $82.00 for a dental bill, ~`~ ~, ~ ~ ~ ` 12. RIGHT TO COUNSEL. ~ ~ Husband is represented by Thom~.s D. O'Shea, Esquire, who preparedthis -~ ~ ~ Agreement at Husband request. Wife is represented by Martha B. Walker, Esquire. 13. COUNSEL FEES. Each party shall pay his or her own counsel fees without contribution from the other party. 14. BREACH. A. If either party breaches any provision of this Agreement, the other shall .have the right, at his or her election, either to sue for specific performance of this Agreement or to sue for damages premised upon said breach. In such proceedings, the only issue shall be whether one or both of the parties has breached the Agreement and in no event shall either Husband or Wife, their attorneys or Legal representatives, have the right to question any of the provisions of this Agreement. B. This Agreement, at the option of either party, maybe submitted to a court having jurisdiction over the marital action between Husband and Wife so that this Agreement can become part of any decree of divorce issued by said court and be made a part of said decree and any judgment thereon, with jurisdiction remaining in the court so that the terms hereof are complied with. The Agreement, however, will survive the decree of divorce and~not be merged into it. Furthermore, both parties acknowledge that this Agreement maybe enforced by the court regardless of whether it is madepart of a Divorce Decree. C. In the event that either party must bring an action based upon the breach of the other for any of the terms and conditions of this Agreement, the party having so breached the Agreement {the responsibility for breaching the Agreement to be determined by a court of competent jurisdiction), agrees to be responsible not only for the damages sustained by the non- breaching parry, but also agrees to reimburse the non-breaching party for any and all attorney's fees and court costs incurred because of the breach of the within Agreement. 4 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either parry becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that parry for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal Iaw) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, acid the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient. to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs.incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable regardless of federal or state law to the contrary and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. i 6. HUSBAND'S LIABILITY. Wife agrees that she has'not contracted as of the date on which the parties separated nor shall Wife contract in the fixture, any debt or liability for which Husband or his property or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations so incurred by her. 17. WIFE'S LIABILITY. Husband agrees that he has not contracted as of the date on which the parties separated nor shall Husband contract irx the future, any debt or liability for which Wife or her property or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations so incurred by him. 18. HUSBAND'S ESTATE. Wife agrees that, as of the date of the execution of this Agreement, she will release any and all claims which she would have in Husband's estate, regardless of whether he would die testate or intestate, and Wife further agrees that she does hereby waive, release and forever give up any right which she would have to elect against her Husband's Will, should any such Will now exist or hereafter come into being. Wife further releases any claim which she might have to act as Executrix or Administratrix of Husband's estate, and further releases any. claim which she would have to declare any exemption allowed by any surviving spouse under the applicable laws of the Commonwealth of Pennsylvania. 19. WIFE'S ESTATE. Husband agrees that, as of the date of the execution of this Agreement, he will release any and all claims which he would have in Wife's estate, regardless of whether she would die testate or intestate, and Husband further agrees that he does hereby waive, release and forever give up any right which he would have to elect against his Wife's Will, should any such Will now exist or hereafter come into being. Husband further releases any claim which he might have to act as Executor and Administrator of Wife's estate, and fizrther releases any claim which he would have to declare any exemption allowed by any surviving spouse undex the applicable laws of the Commonwealth of Pennsylvania. 20. AGREEMENT NOT A BAR TO DNORCE PROCEEDINGS. ,This Agreement shall not be considered to effect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds now exist or shall hereafter exist or to such defense as maybe available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto or any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 21. NO-FAULT DNORCE. The parties intend to secure a mutual consent or no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended. Husband and Wife shall immediately execute an Affidavit of Consent and Waiver of Notice consenting to the entry of a final Decree in divorce. 22. EFFECT OF DNORCE DECREE. The parties agree that unless otherwise specifically provided herein, 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. 23. AGREEMENT MAYBE INCORPORATED IN DNORCE DECREE. The parties agree that at the option of either party, the terms of this Agreement may be incorporated, but not merged, into any divorce decree which maybe entered with respect to them. 24. MODIFICATION. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this 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. 25. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties, ff they have executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parry last executing this Agreement. 26. FINANCIAL DISCLOSURE. The parties confirm that each has relied on substantial accuracy of the financial disclosures of the other as an inducement to the execution of this Agreement. 27. EXECUTION OF DOCITMENTS. Husband and Wife agree that each will, without remuneration and at the request of the other, execute or j oin in the execution of any and all documents required to give full force and effect to the provisions of the within Agreement. 28. 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 be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions. precedent, shall in no way avoid or alter the remaining obligations of the parties. 29. 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. 7 30. 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. 31. SUBSEQUENT RECONCILIATION. In the event the parties should reconcile, this Agreement shall remain valid unless the parties agree in writing to cancel the provisions of this Agreement. 32. CONSTRUCTION OF AGREEMENT. No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. In the construction of this Agreement, the parties hereto intend and agree that the separate provisions of this Agreement shall be construed as a whole and, where possible, consistent with each other. 33. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania: IN WITNESS WHEREOF, the parties have hereunto executed this Agreement the day and year first above written. Witness: .~~~ J Shawn A. De off Cindy M. D 8 I N THE COURT OF ~COM MON PLEAS OF CUMBERLAND COUNTY' STATE OF' PENNA. =•;~ SHAWN A . D~-IOFF , , i?~aintif f VERSUS CINDY' M . DEHOFF Defendant Civil Term 1~j O . 07-4139 D1=,CREE II`I DIVORCE AND NOW, C.CGc~~ y ~~ 2°O 8 , lT 1S ORDERED AND DECREED THAT SHAWN A. DEHOEP PLAINTIFF, AND CINDY M. DEHOFF ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURtSD[CTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH .4 FINAL ORDER HAS NOT YET BEEN ENTERED; A11 claims have been settled pursuant to an Agreement dated August 4, 2008 attached hereto and made part hereof. and in accordance with Para;?raph 23, Page 6. of said Agreement, T e parties agree that 'at the option of either party, they:terms of this Agreement may be incorporated, but not merged, into _____ ~~_______ ~______ _~_S_L ~___ L_ _-,.____s _~ ~_ iL_~ 11 BY THE URT: J. PROTHONOTARY Martha ~, C~/~Pker,, Esquire mbw@wcjlawoffice.com Michael J. Connor, Esquire mjc@wcjlawoffce.com Anne 5. Johnson, Esquire asjC~wcjlawoffice.com~ StaceyA Shank Paralegal November 5, 2008 Via Facsimile ~'ransmii`tal Ancl Regular 1V~'ail Thomas D. O'Shea, Esquire CGA Law Firm CGA Professional Center 135 North George Street. York, Pennsylvania 17401 . Re: Delioff v. Dehoff Dear Attorney O'Shea: 247 Lincoln Way East Chambersburg, PA 17201 )717) 262-2185 Fax X717} 262-2187 I Left a voicemail message for you on November 4th indicating that Cindy still has not received the funds due her pursuant to the parties' Agreement. The Agreement required your client to refinance the mortgage and the loan to Peoples Bank to remove Cindy's name and make payment to Cindy in the amount of $10,000 by October 4~'. Cindy agreed verbally to extend the time to October 31~`. If you reference my letter to you of August 7th, the actual amount due to Cindy is $9-,249.29 due to a credit for half of the economic stimulus check and half of the tax refund received. Your client also owes Cindy $82.00 for the dental bill. The total amount due Cindy is $9,331.29. He has told her that the house still is not finished. At this point, Cindy is unwilling to agree to any more time as your client has had more t'~an enough time since August 4th (date of the Agreement) to get his funds together. If payment is not,received by this office by Monday, November 10th, my instructions are ~to proceed with an Enforcement Petition. Please advise. Very Truly Yours, Martha B. Walker MB W/sas cc: ~ Cindy Dehoff L A W F I R M November 6, 2i)0~ Martha B. Wal:~er Esquire Walker, Connor & Johnson, LLC 247 Lincoln Vv ay ;ast Chambersburg, P~' 17201. Re: Shawn. A. Dehoff v. Cindy M. Dehoff Dear Martha: Thomas D. O'Shea, Attorney toshea@cgalaw.com Ext. 106 I contacted Shawn: Dehoff with respect to the payment that he owes to Cindy Dehoff. Unfortunately, he ;annot get the financing until a furnace is put into the house. There have been some problems wi h the plumber getting the furnace in the house. Shawn keeps Cindy aware of the details. He is .oing everything in his power to get the financing concluded. If a petition is file .with the court, it will probably take several months to go through the system and both parties v~ ll incur needless legal expenses. Sincerely, ~" Thomas D. O' She a TDO/aee c: Shawn A. Dehoff {ootvs~oa~i} CGA Law Firm, CGA Profe:~sional Center, 135 N. George Street, York, PA 17401, 717.848.4900, Fax 717.843.9039, www.cgalaw.com MarttTa B. Waiker, Esquire mbw@wcjlawoffice.com Michael J. Connor, Fsquire mjc@wcj(awoffice.com Anne S. Johnson, Esquire, CFP~ asj@wcjlawoffice.com David F. Spang, Esquire dfs@wcjlawoffice.com January 30, ?009 Via Facsimile Transmittal and Regular Mail Thomas D. O'Shea, Esquire CGA La>-v Firm CGA Professional Center 135 North George Street York, Pennsylvania 17401 Re: Dehoff v. Dehoff Dear Mr. O'Shea: 247 Lincoln Way East Chamtiersburg, p/{ 17201 (717J 262-2185 Fax (7 ] 7) 2 62-2187 Stacey A. Shank Paralegal Julie M. Metz Estate Paralegal You will recall that the parties' Agreement. required Mr. Dehoff to make payment to Cindy, which he was to do-by October 4, 2008. -Cindy agreed to extend the time to October 31St You then wrote to me on November 6a' requesting another extension until the furnace was installed. - - It is now almost three months later and Cindy still does not have her money. - - If same is not received by February 9~', I will be filing an enforcement petition requesting counsel fees and expenses and interest on the unpaid funds. Please be assured that Cindy's patience and understanding in this matter have now ended. Very Truly Yours, Martha B. Walker MBW/sas cc: Cindy Dehoff WALSER, CONNOR & JOHNSON LLC 247Lincoln Way East ~~~ L ~ ~~~~ Chambersburg PA I720I (717) 262-2185 (717) 262-2187-Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, ) Civil Action -Law Plaintiff/Respondent, ) ). vs. ) No. 07-4139 Cindy M. Dehoff, now Cindy M. Poe, ) Defendant/Petitioner,) In Divorce a v.m. NOTICE TO APPEAR TO: Shawn M. DeHoff, Plaintiff/Respondent: Legal Proceedings have been brought against you alleging you have .willfully failed to comply with the terms of a Property and Separation Agreement. If you wish to defend against the claims set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on at o'clock _.m. in the assigned courtroom of the Cumberland County Courthouse, Carlisle, PA. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court fords that you have willfully failed to comply with the terms of the Agreement, you maybe found to be in contempt of Court and committed to jail, fined or both. 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 FORHT BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service Telephone No.: ~1-800-692-7375 or 717-238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangement must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. EXHl,~ ~C ~' ~- WALSER, CONNOR & JObTNSON LLC 247Lincoln Way East Chambersburg PA I720I (717) 262-ZI85 (717) 262-2187-Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, Plaintiff/Respondent, vs. Cindy M. Dehoff, now Cindy M. Poe, D efendant/P etitioner, Civil Action -Law No. 07-4139 In Divorce a v.m.. ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this day of ~ , 2009,, upon consideration of the within Petition, it is hereby ORDERED that: y 1. A Rule is issued upon the Respondent, Shawn A. Dehoff, to show cause, if any he has, as to why Petitioner, Cindy M. Dehoff, now Cindy M. Poe, is not entitled to the relief requested; 2. Respondent shall file a verified Answer to the Petition within twenty (20) days of service upon the Respondent; 3. The Petition shall be decided under Pa R.C.P. No. 206.7; 4. Depositions shall be completed within _~ days of the service upon Petitioner of the Answer to the Petition; 5. T~°""~'^ ~„a'~r ~'gument shall be held on ~ ~ ,~, 2009, at _ //; .(~,) o'clock ~m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, PA; 6. If Items 4 and 5 above are left blank, depositions and/or argument or hearing will be considered upon the request of any party; and 7. Notice of entry of this Order shall be provided to all parties by the Petitioner. In the case of Preliminary Objections [Local Rule 1028(a)], Motions for Judgment on the Pleadings [Local Rule 1034 (a)] and Motions for Summary Judgment [Local Rule 1035 (a)], parties shall follow the procedures for disposition set forth in those rules. By the Court, ,~ ""s `y`x . ~. A~. S. V`~~~j ~e s ; - - -~ J. WALSER, CONNOR & JOHNSON LLC 247 Lincoln Way East Chambersburg PA I720I (7I7J 262-2185 (717) 262-2187 -Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, Civil Action -Law Plaintiff/Respondent, vs. Cindy M. Dehoff, now Cindy M. Poe, Defendant/Petitioner, No. 07-4139 In Divorce a v.m. ORDER OF COURT AND NOW, this day of , 2009, upon consideration of the within Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 Pa. C.S.A. ,¢3105(a) and ~3502(e), IT IS HEREBY ORDERD that Respondent shall within fifteen (15) days of the date of this Order do the following: 1. Refinance the mortgage and the loan with Peoples Bank so as to remove Wife's name therefrom. 2. Pay Wife the sum of $10,000.00 plus interest at the annual rate of 6% from October 8, 2008 until full payment is received by Wife. 3. Pay Petitioner $1,500 towards attorney's fees for breach of the parties' Property and Separation Agreement. By the Court, J. IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, ) Civil Action -Law Plaintiff/Respondent, ) vs. ) No. 07-4139 ~ ~' ~_ ~~ ~ ;:~, ~, `_, `-: Ci.nd M. Dehoff now Cind M. Poe -' '` ' ' `~' ~_~ Defendant/Petitioner,) In Divorce a v.m. ~~~= ~~ _, c'~' ~~} l~ _ :~ _~ ::~ PETITION TO ENFORCE PROPERTY AND SEPARATION AGREEM~NT,~ '-' AND PETITION FOR CONTEMPT PURSUANT TO 23 PA. C.S.A. §3105(a) Alm `~ §3502(e) Pursuant to 23 Pa. C.S.A. §3105 (a) and §3502(e) of the Divorce Code, the Defendant, Cindy M. Dehoff, now Cindy M. Poe, ("Petitioner"), by and through her attorney, Martha B. Walker, Esquire of Walker, Connor & Johnson, LLC, respectfully represents: 1. Petitioner is Cindy M. Dehoff, now Cindy M. Poe, an adult individual residing at 20A South Washington Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent is Shawn A. Dehoff, an adult individual residing at 4411 Davidsburg Road, York County, Dover, Pennsylvania 17315. 3. The parties are bound by a Property and Separation Agreement dated August 4, 2008, a copy of which is attached hereto and marked as Exhibit "A". 4. The parties were divorced on August 28, 2008. See attached Exhibit "B". 5. Paragraph 2(B) of the aforementioned Agreement requires Respondent to refinance the mortgage against the marital residence and the loan with Peoples Bank to remove Wife's name from the mortgage and loan within 60 days of the date of said Agreement. Respondent has failed to do so, or to provide proof to Petitioner that he has done so. 6. Paragraph 10 of the aforementioned Agreement requires Respondent to pay Wife the amount of $10,000.00 at the time he refinances the mortgage. Respondent has failed to do so. 7. Paragraph 14(c) of the aforementioned Agreement requires any party breaching said Agreement to reimburse the non-breaching party for any and all attorney's fees and court costs incurred because of the breach. 8. Petitioner has complied with alI of the terms of the aforementioned Agreement. 9. Despite letters and e-mails between Petitioner's attorney and Respondent's attorney of November 5, 2008, November 6; 2008 and January 30, 2009 as attached hereto and marked as Exhibits "C", "D" and "E", Respondent has not complied with the Court Order. 4 10. Petitioner has had to incur over One. Thousand Five Hundred ($1,500) Dollars in attorney's fees in an effort to secure Respondent's compliance with the Court's Order, including preparation of this Petition and an anticipated hearing. WIiEREFORE, Petitioner requests this Honorable Court to issue a Rule setting a hearing to review the facts of this case, and thereafter to order Respondent to refinance the mortgage and loan to People Bank so as to remove Wife's name therefrom, order payment to Petitioner pursuant to the terms of the parties' Property and Separation Agreement and order Respondent pay One Thousand Five Hundred ($1,500) Dollars in attorney's fees. Respectfully submitted, WALKER, CONNOR & JOHNSON, LLC By: ,~ artha B. Walk r, Esquire ttorney I.D. # 15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Petitioner 5 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 falsification to authorities. DATE: r.~~ ;G~ ~- .. °~ .. ~ s .~ Cindy M. Po 6 CERTIFICATE OF CONCURRENCE I, Martha B. Walker, Esquire, attorney for Petitioner in the above-referenced matter hereby certify that on the _ day of February, 2009, I contacted Thomas D. O'Shea, Esquire, attorney for Respondent in the above-referenced matter. Attorney O'Shea is not in concurrence with the filing of the foregoing Petition. WALKER, CONNOR & JOHNSON, LLC By: artha. B. W er, Esquire Attorney I.D. #15989 247 Lincoln Way East Chanibersburg PA 17201 (717) 262-2185 Attorney for Petitioner 7 CERTIFICATE OF SERVICE I, Martha. B. Walker, Esquire, hereby certify that on this ~~ day of February, 2009, I served a true and correct copy of the foregoing Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 Pa. C.S.A. ~'3105(a) and ,~3502(e) at the address indicated below: Thomas D. O'Shea CGA Law Firm CGA Professional Center 135 North George Street York, PA 17401 Copies of Exhibits are not included herein. They will be provided with service of true and attested copies of this document Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail WALKER, CONNOR & JOHNSON, LLC a. 8~,~~ Martha B. Walker, Esquire Attorney I.D. #15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Petitioner 8 L FILE COPY AMENDMENT TO SEPARATION AND PROPERTY SETTLEMENT AGREEMENT AND NOW, this ~ day of r ~ , 2009, by and between SHAWN A. DEHOFF, of York County, Pennsyly 'a,. ereina$er referred to as "Husband", and CINDY M. DEHOFF, of York County, Pennsylvania, hereinafter referred to as "Wife". WITNE SSETH: WHEREAS, the parties .executed a Separation and Property Settlement Agreement on August 4, 2008 (hereinafter "Agreement"); and WHEREAS, said Agreement was incorporated, but not merged, into the Decree in Divorce entered on August 28, 2008 in the Court of Common Pleas of Cumberland County, Pennsylvania at docket no. 07-4139; and WHEREAS, both parties acknowledge that Husband has been unable to successfully refinance the marital residence pursuant to Paragraph 2 of the Agreement as anticipated when the parties executed said Agreement; and WHEREAS, Wife filed a Petition to Enforce Property and Separation Agreement and Petition for Contempt on February 23, 2009; and WHEREAS, a Rule to Show Cause was issued by the Court on March 4, 2009 and argtunent on the Rule to Show- Cause is scheduled for Apri1.22, 2009 of 11:00 a.m. in Courtroom No. 4 of the Cumberland County Courthouse; and WHEREAS, the parties wish to resolve this matter without the necessity of a court hearing. NOW, THEREFORE, the parties intending to be legally bound hereby agree to modify the terms of the Separation and Property Settlement Agreement dated August 4, 2008 as follows: 1. Paragraph 2.B. of the August 4, 2008 Agreement shall be amended to provide as follows: Husband shall refinance the mortgage against the marital residence in order to remove Wife's name from the mortgage. Husband shall refinance the mortgage within one year of the date of execution of this Amendment to Separation and Property Settlement Agreement. At the same time, Husband shall refinance loan #141212785 from Peoples Bank so as to remove Wife's name from the loan. o„Q,~'~ ~.}. ~ ~~~ ~ `~t2 ~, ~~ ~A ~-. /~.A~! ,lLe~~ ~6LOL~.~-- b.Q,. ~~ ~ 1 ~ 2d f n ; o-~" ,~.: Q.v~d~'t G'°~ . ~ , tfi~~ ,~.' w ~.,.~ ~ . ~_ ~, 2. Paragraph 10 of the Agreement shall be amended to read as follows: Husband shall pay Wife the amount of $10,300.00 on or before May 8, 2009. Husband shall pay Wife an additional amount of $1,000.00 on or before May 8, 2009 to reimburse Wife for counsel fees associated with the preparation of the Petition to Enforce Property and Separation Agreement and Petition for Contempt. 3. Wife hereby agrees to withdraw the Petition to Enforce Property and Separation Agreement and Petition for Contempt filed on February 23, 2009. Wife shall notify the Court of the cancellation of the April 22, 2009 argument. 4. All other terms of the Separation and Property Settlement Agreement dated August 4, 2008 shall remain in full force and effect. IN WITNESS WHEREOF, the. parties have hereunto executed this Amendment'the day and year first above written. Witness: _~ f ~~f " ~ J~ ~AAF"""~F /~~ ~~t ~~- ~~` Shawn A. Dehoff " Cindy M. ~ off y (/~ '`~~-- gi Zo~~ °~, 12 3G6 , I i ~a ., ~~. ~- . `~ ~~ ~~ ~. WALSER, CONNOR & JOHNSON LLC 247Lincoln Way East Chambersburg PA 17201 (717) 262 2185 (717) 262-2187 -Fax Shawn A. Dehoff, Civil Action -Law Plaintiff/Respondent, vs. Cindy M. Dehoff, now Cindy M. Poe, Defendant/Petitioner, No. 07-4139 In Divorce a v.m. PRAECIPE TO WITHDRAW To:.Prothonotary ~.~ ,~ .; _ ~~ ' , ~~..:_ ~-+ ~j ' .~ ~~ -, y L..~ ~ ~ ~. 1 S l~ 7~ ti y ~ [..:J Please withdraw Defendant's/Petitioner's Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 PA. C.SA. ~3105(a) and ~3502(e) in the above-referenced matter. WALKER, CONNOR & JOHNSON, LLC By: ~. M a B. Walker, Esq '~ e Att rney ID# 15989 247 Lincoln Way East Chambersburg PA 17201 (717) 252-2185 Attorney for Defendant/Petitioner F EX I I~': - '. ~- ~-~' ~':rt.}' ~~~~ (?F THE ~bT~!}TAf~ 2i~Q9 A{~G ~ 8 A~ 9R 4Z CUPJ~<<:: }: ~i:u• ::,~uit<~~Y ~~ ,~~`v~Y~.u l,~ WALKER, CONNOR & JOHNSON LLC } ' ~ 247 Lincoln Way East Chambersburg PA 17201 (?17) 262-2185 (717) 262-2187- Fax IN T~iE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, Plaintiff/Respondent, Civil Action -Law } No. 07-4139 } In Divorce a v.m. vs. Cindy M. Dehoff, now Cindy M. Poe, Defendant/Petitioner, ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this !`~~ day of /gw('~i•.~ , 2009, upon consideration of the within Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent, Shawn A. Dehoff; to show cause, if any he has, as to why Petitioner, Cindy M. Dehoff, now Cindy M. Poe, is not entitled to the relief requested; 2. Respondent shall file a verified Answer to the Petition within twenty (20) days of service upon the Respondent; 3. The Petition shall be decided under Pa R.C.P. No. 206.7; 4. Depositions shall be completed within ~ o days of the service upon Petitioner of the Answer to the Petition; 5. Hearing and/or argument shall be held on (.~-~~~~/L / ~' 2009, at /! t b © o'clock ~_m. in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, PA; 6. If Items 4 and 5 above are left blank, depositions and/or argument or hearing will be considered upon the request of any party; and 7. Notice of entry of this Order shall be provided to all parties by the Petitioner. In the case of Preliminary Objections [Local Rule 1028(a)], Motions for Judgment on the Pleadings [Local Rule 1034 (a}] and Motions for Summary Judgment [Local Rule 1035 (a)], parties shall follow the procedures for disposition set forth in those rules. By the Court, ff !d~- Flt.!-c:~=i~ I~ {~ i'H~ PP~7~h~J?AFtY 2~9 At}G Za AM 8~ ? ~ f. s~~a~/4~ - C~ ~ ~~ .n~ ~L~.C ~: WALKER, CONNOR & JOHNSON LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 -Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shawn A. Dehoff, ) Civil Action -Law Plaintiff/Respondent, ) vs. ) No. 07-4139 Cindy M. Dehoff, now Cindy M. Poe, ) Defendant/Petitioner,) In Divorce a v.m. PRAECIPE TO WITHDRAW To: Prothonotary Please withdraw Defendant's/Petitioner's Petition to Enforce Property and Separation Agreement and Petition for Contempt Pursuant to 23 PA. C.S.A. §3105(a) and ~3502(e) in the above-referenced matter and cancel the hearing scheduled for this matter at 11 a.m. on October 16, 2009. WALKER, CONNOR & JOHNSON, LLC BY: - artha B. Walker, Esquire Attorney ID# 15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Defendant/Petitioner x=11. k~''--C ~=rsc~:~ 2004 Std i Q ~ i s ~ ~ ;,~,:.