HomeMy WebLinkAbout10-3829~Il.~t~--~~t=~=lG
~,, E .C r', ~ ., ~. ~ ,ELR
Z~~~ ~~~ ~ ~ ~~ ~~ ~~
CU~,r~ ~- l,r~'F~MY
~,~i _r4 ~, „'t It
THOMAS R. MOHN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
DAWN-MARIE MOHN, NO. /d `~~~~' CIVIL TERM
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree of divorce or annulment may be entered against you for
any claim or relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION .~S°'7 -Od PG(~a~
32 South Bedford Street Aa *~~9~
Carlisle, Pennsylvania 17013 ~K
Phone: (717) 249-3166 or (800) 990-9108 ~" ~ ~ ~~ LfS"~f
THOMAS R. MOHN,
Plaintiff
v.
DAWN-MARIE MOHN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
NO FAULT
1. Plaintiff is Thomas R. Mohn, an adult individual currently residing at 135 Kerrsville
Road, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Dawn-Marie Mohn, an adult individual currently residing at 9 East Big
Spring Avenue, Apartment 3, Newville, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on December 20, 1989, in Honalulu County,
Hawaii.
5. There have been no other prior actions for divorce or annulment between the parties.
6. Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling. Knowing this, Plaintiff does
not desire that the Court require the parties to participate in counseling.
7. Plaintiff and Defendant are citizens of the United States of America.
8. The parties' marriage is irretrievably broken.
9. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of service of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) of the Domestic Relations Code.
Respectfully submitted,
l~.~R~ n' S~ ~ n
Hannah Herman-Snyder, Esqui
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: ~ n ~~''~~'6
W
THOMAS R. MOHN, Plaintiff
~~1~ .s
F~LE~-~IfFICE
OF' TNF PROTNONOI'ARY
~~1l0 aft Z ! !~~ 8~ 24
~~l~SERLANO COUNTY
°~~~~hSYLVANIA
IO - 3804 C ivitT~,t7m
PROPERTY AND
SEPARATION AGREEMENT
BETWEEN
THOMAS R. MOHN
AND
DAWN-MARIE MORN
GRIFFIE AND ASSOCIATES.
200 NORTH HANOVER STREET
CARLISLE, PA 17013
,. .
. ~.
THIS AGREEMENT, made this ~~ day of a t f Q r 2010,
by and between THOMAS R. MOHN, of 135 Kerrsville Road, Carlisle, Cumberland
County, Pennsylvania, party of the first part, hereinafter referred to as "Husband, "
AND
DAWN-MARIE MOHN, of 9 East Big Spring Avenue, Apartment 3, Newville,
Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as
"Wife "
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on
December 20, 1989, in Honolulu County, Hawaii. They are the pazents of one child,
namely Catherine M. Mohn, born September 1, 1990.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Wife and Husband to live separate and apart,
and the parties hereto are desirous of settling their respective financial rights and
obligations as `between each other including the settling of matters between them relating
to the past, present and future support and/or maintenance of Wife by Husband and
Husband by Wife.
WHEREAS, .the parties hereto wish finally and for all time to settle and determine
their respective property and other rights growing out of their marital relation; wish to
live separate and apart; and, wish to enter into this property and separation Agreement;
. , ` I ' f
WHEREAS, both and each of the parties hereto have been advised of their legal
rights and the implications of this Agreement and the legal consequences which may and
will ensue from the execution hereof;
WHEREAS, Wife acknowledges that she is thoroughly conversant with and
knows accurately the size, degree, and extent of the estate and income of Husband, and
Husband acknowledges that he is thoroughly conversant with and knows accurately the
size, degree and extent of the estate and income of Wife;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth which are hereby acknowledged by each of the parties
hereto, Wife and Husband, each intending. to be legally bound hereby, covenant and agree
as follows:
1. ADVICE OF COUNSEL:
The provisions of this Agreement and their legal effect. have been fully explained
to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Husband
and Martha B. Walker, Esquire for Wife. The parties acknowledge that they have
received independent legal advice from counsel of their selection and that they fully
understand the facts and have been fully informed as to their legal rights and obligations
and they acknowledge and accept that this Agreement is, in the circumstances, fair and
equitable and that it is being entered into freely and voluntarily after having received such
advice and with such knowledge and that execution of this Agreement is not the result of
any duress or undue influence and that it is not the result of any collusion or improper or
illegal agreement or agreements and the parties hereto state that he or she in the
„ ,~~
procurement and execution of this Agreement, has not been subjected to any fraud,
concealment, :overreaching, imposition, coercion, or other unfair dealing on the part of
the ether, or on the part of the other's counsel.
2. WARRANTY OF DISCLOSURE:
The parties warrant and represent that they have made a full disclosure of all
assets and their valuation prior to the execution of this Agreement. This disclosure was
in the form of an informal exchange of information by the parties' attorneys and/or
parties and this Agreement between the parties is based upon this disclosure.
3. MUTUAL RELEASE:
Husband and Wife each do hereby mutually remise, release, quitclaim, and
forever discharge the other and the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, title and interest, or claims in or
against the property (including income and gain from property hereafter accruing) of the
other or against the estate of such other, of whatever nature and wheresoever situate,
which he or she now has or at any time hereafter may have against such other, the estate
of such other; or any part thereof, whether arising out of any former acts, contracts,
engagements, .or liabilities of such other as by way of dower or curtest', or claims in the
nature of dower or curtest' or widow's or widower's rights, family exemption, or similar
allowance, or under the intestate laws, or the right to take against the spouse's Will; or
the right to treat a lifetime conveyance by the other as testamentary, or all other rights of
a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States,
or (c) any other country, or any rights which- either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony
pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of
any thereof. It is the intention of Husband and Wife to give to each other by execution of
this Agreement a full, complete, and general release with respect to any and all property
of any kind or nature, real or personal, not mixed, which the other now owns or may
hereafter acquire, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of
any thereof.
4. PERSONAL RIGHTS AND SEPARATION:
Wife and Husband may and shall, at all times hereafter, live separate and apart.
They shall be free from any control, restraint, interference or authority, direct or indirect,
by the other in all respects as if they were unmarried. They may reside at such place or
places as they may select. Each may, for his or her separate. use or benefit, conduct, carry
on and engage in any business, occupation, profession or employment which to him or
her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign
each other or the respective families of each other nor compel or attempt to compel the
other to cohabit or dwell by any means or in any manner whatsoever with him or her.
5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This Agreement shall not be considered to affect 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
'i ~ ,
Agreement is not intended to condone and shall not be deemed to be a condonation on the
part of either party hereto of 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. The parties intend to secure a mutual consent,
no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of
1980.
6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE:
The parties agree that the terms of this Agreement may be incorporated into any
divorce decree which may be entered with respect to them. Notwithstanding such
incorporation, this Agreement shall not be merged in the decree, but shall survive the
same and shall be binding and conclusive on the parties for all times.
7. 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 each executed the
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.
8. PERSONAL PROPERTY:
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property, including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of
art and other personal property and hereafter Wife agrees that all of the property in the
'r ,
possession of Husband shall be the sole and separate property of Husband; and Husband
agrees that all of the property in the possession of Wife shall be the sole and separate
property of Wife. The parties do hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, he or she may have with respect to the above items
which shall become the sole and separate property of the other, with full power to him or
her to dispose of the same as fully and effectually, as though he or she were unmarried.
9. BANK ACCOUNTS:
For the mutual promises and covenants contained in this Agreement, Husband and
Wife hereby waive all right, title, claim or interest they may have to equitable distribution
in their respective bank accounts, checking or savings, if any, and each party waives
against the other any duty of accounting for disposition of any jointly held funds.
10. AFTER-ACQUIIZED PERSONAL PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of personal property, tangible or intangible, hereafter acquired
by him or her after the parties date of separation, with full power, in him or her to dispose
of the same as fully and' effectively, in all respects and for all purposes, as though he or
she were unmarried.
11. MOTOR VEHICLES
The parties agree to the division of their motor vehicles, acquired during their
marriage, as follows:
. ~ t
A. 'The 2007 Chevy Silverado currently titled in Husband's name alone shall
remain the sole and exclusive property of Husband. Wife hereby waives
any right, title, claim and/or interest she has or may have in said vehicle.
B. The 2003 Honda Motorcycle currently titled in Husband's name alone
shall remain the sole and exclusive property of Husband. Wife hereby
waives any right, title, claim andlor interest she has or may have in said
vehicle.
C. `' The 2002 PACM Trailer currently titled in Husband's name alone shall
remain the sole and exclusive property of Husband. Wife hereby waives
any right, title, claim and/or interest he has or may have in said vehicle.
D. The 2007 Chevy Cobalt currently titled in Wife's name alone shall remain
the sole and exclusive property of Wife. Husband hereby waives any
right, title, claim and/or interest he has or may have in said vehicle. Wife
shall refinance the loan on said vehicle within thirty (30) days of the date
of this Agreement. Until such time as the loan is refinanced, Wife shall be
responsible for all costs associated with the loan on the vehicle and any
other costs associated with the vehicle and shall indemnify and hold
Husband harmless from and against any and all demands for payment or
collection activity of any nature whatsoever.
E. The 2004 Chevy Cavalier currently titled in Wife's name alone shall
remain the sole and exclusive property of Wife. Husband hereby waives
all right, title, claim and/or interest he has or may have in said vehicle.
12. PENSION RETIREMENT, PROFIT SHARING:
A. The parties recognize that Husband has a retirement as a result of his time
of service in the Air Force. For the mutual promises and covenants
contained in this Agreement, the parties agree that Wife waives all right,
title, claim and/or interest she has or may have in said retirement,
including but not limited to the survivor benefits to which she has or may
have in interest in.
B. The parties recognize that Husband participates in CSRS and has a TSP as
a result of his employment as a civil servant. For the mutual promises and
covenants contained in this Agreement, Wife waives all right, title, claim
and/or and interest she has or may have in said CSRS and TSP.
C. The parties recognize that Wife participates in CSRS as a result of her
employment as a civil servant. For the mutual promises and covenants
contained in this Agreement, Husband waives all right, title, claim and/or
interest he has or may have in said CSRS.
D. The parties recognize that Wife has a TSP as a result of her employment
as a civil servant. Wife shall, at the same time as she is executing this
Agreement, execute any and all documents necessary to effectuate a
transfer of SEVEN THOUSAND AND XX/100 DOLLARS ($7,000.00)
from her TSP into a qualified account for Husband. The parties shall
cooperate to sign all necessary documents to effectuate the transfer of the
same.
.,.
13. REAL ESTATE:
The parties are joint owners of real estate located at 135 Kerrsville Road, Carlisle,
Cumberland County, Pennsylvania. Said property is owned in joint names as tenants by
the entireties. Said property is encumbered with a mortgage due and owing to Wells
Fargo, Account Number 0265511741.
From the time of execution of this Agreement forward, Husband shall be solely
and exclusively responsible for repayment of the mortgage due and owing to Wells
Fargo, Account Number 0265511741, and will .indemnify Wife and hold her harmless
from and against any and all demands for payment or collection activity of any nature
whatsoever.
In addition, Husband shall assume/refinance the mortgage and be responsible for
all costs and any amount sufficient to pay the mortgage in full and thereby remove Wife
as an obligor on said mortgage. Husband shall assume/refinance the mortgage no later
than twelve (12) months from the entry of a Divorce Decree. If he is not able to assume/
refinance in that time period, he shall list the marital residence for sale. If thexe are any
proceeds from the sale of the marital residence, Husband shall retain the same. At the
time of the assumption/refinance/sale, Wife shall execute a deed conveying her interest in
said property and shall provide the deed to Husband at the time of the
assumption/refinance/sale. Wife, from the time of execution of this Agreement forward,
has not intere§t in any proceeds of the marital residence that may come about due to an
assumption/refinance/sale of the marital residence and is staying on the deed only
because Husband is unable to do an assumption/refinance at this time. Upon execution of
this Agreement, Wife shall make no claim of any nature whatsoever relative to any legal
• ti
or equitable interest in the aforesaid real estate, with the understanding that she will
remain on the deed for practical purposes only.
14. LIFE INSURANCE AND SURVIVOR BENEFITS:
Each party agrees that the other party shall have sole ownership and possession of
any life insurance policies owned by the other, with the right to designate a beneficiary as
each of the party sees fit for his/her respective policy. Each party agrees to sign any
documents necessary to waive, relinquish, or transfer any rights on such policies to the
respective party who presently owns such policies.
Each party agrees that the other has or may have an interest in survivor benefits
associated with his/her retirements as listed above in Paragraph 12. Each party agrees to
waive all right, title, claim and/or interest he/she has or may have in said survivor
benefits for ariy and all retirement accounts as listed above in Paragraph 12. Each party
agrees to sign any documents necessary to waive, relinquish, or transfer any rights in said
survivor benefits.
15. 1VIARITAL DEBT:
Each parry hereby confirms they have not incurred any additional debt since
separation that has in any way obligated the other party. Neither party will take any
action to incur additional debt of any nature whatsoever in the other party's name from
the date of execution of this Agreement forwazd. The parties hereby agree to divide the
marital debt as follows:
A. Husband shall be responsible for the Discover loan in his name alone,
account number 808294939331, with an approximate balance of
$17,000.00.
B. Wife shall be responsible for the Sears credit card in her name alone,
account number 5121079683184040, in the approximate amount of
$2,000.00.
C. Wife shall be responsible for the Citi Card in her name alone, account
number 4147290033537280, in the approximate amount of $1,500.00.
D. Wife shall be responsible for the AT&T card, which is in joint names,
account number 5491139391213550, in the approximate amount of
$1,900.00. Wife shall incur no further debt on this card. Wife shall
indemnify and hold Husband harmless from and against any and all
demands for payment or collection activity of any nature. whatsoever.
Wife shall provide Husband with confirmation when said debt is paid in
full and confirmation as well that this credit card is closed. Said
confirmation shall be provided within ten (10) days of execution of the
Agreement if the account can be closed now, or within ten (10) days of the
account being paid if the account cannot be closed until the balance is
;paid.
16. WARRANTY AS TO FUTURE OBLIGATIONS:
Wife and Husband each covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and keep the other indemnified from all debts,
charges and liabilities incurred by the other after the execution date of this Agreement,
except as may be otherwise specifically provided for by the terms of this Agreement and
that neither of them shall hereafter incur any liability whatsoever for which the estate of
the other may be liable.
17. ALIMONY ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, AND
MAINTENANCE:
A. Husband hereby waives any right or claims of any nature whatsoever
relative to alimony, alimony pendente lite, spousal support, spousal
maintenance, counsel fees and expenses against Wife.
B. Husband shall pay to Wife non-modifiable alimony in the amount of
$250.00 a month, with the alimony obligation to begin on the first day of
the 6`" month following the entry of a Divorce Decree, with Husband
making a direct payment of the $250.00 per month on the first of every
month thereafter. This alimony obligation shall end upon the death of
either parry, Wife's cohabitation with a member of the opposite sex, or
' Wife's remarriage. Wife shall, on the day she executes this Agreement,
provide her written statement to the Domestic Relations Office in
Cumberland County, Pennsylvania to withdraw her current support and
forgive all arreazs in regards to that action.
18. DIVORCE:
Husband has commenced an action for divorce from Wife pursuant to Section
3301 (c) of the Pennsylvania Divorce Code by the filing of a Divorce Complaint. Each
of the parties shall sign an Affidavit of Consent and Waiver of Notice of Intention to
Request the Entry of a Divorce Decree at the same time of execution of this Agreement
and shall provide the same to counsel for Husband. It is further agreed and understood
that any Decree of Divorce issuing in this matter shall reflect the fact that Husband shall
beaz the cost of same in his individual capacity.
A. Each of the parties agree that this Agreement represents a complete and
final agreement as to their respective property rights which arose from the
marital relation and therefore mutually waive any and all rights they may
have under Section 3501 (Equitable Distribution) of the Pennsylvania
Code, Act No. 1990-206.
B. This Agreement may be offered in evidence in the action for divorce and
may be incorporated by reference in the decree to be granted therein.
Notwithstanding such incorporation, this Agreement shall not be merged
in the decree, but shall survive the same and shall be binding and
conclusive on the parties for all time.
19. LEGAL FEES:
In the review and preparation of this Agreement, each party shall bear his/her own
legal fees.
20. REMEDY FOR BREACH:
If either party breaches any provision of this Agreement, the other parry shall
have the right, at his or her election, either to sue for damages for such breach, in which
event the breaching party shall be responsible for payment for reasonable legal fees and
costs incurred by the other in enforcing their rights hereunder, or to seek such other
remedies or relief as may be available to him or her.
21. EQUITABLE DISTRIBUTION:
It is specifically understood and agreed that this Agreement constitutes an
equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife or either of them during the marriage as
contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The
Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as
amended.
22. SUMMARY OF EFFECT OF AGREEMENT:
It is specifically understood and agreed by and between the parties hereto, and
each party accepts the provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said parties' rights against the other for any past, present and
future claims on account of support, maintenance, alimony, alimony pendente lite,
counsel fees, costs and expenses, equitable distribution of marital property and any other
claims of each party, including all claims raised by them in the divorce action pending
between the parties.
23. TAX CONSEQUENCES:
By this agreement, the parties have intended to effectuate and have equitably
divided their marital property. The parties have determined that such equitable division
conforms to a `right and just standard with regard to the rights of each party. The division
of existing marital property is not, except as may be otherwise expressly provided herein,
intended by the parties to constitute in any way a sale or exchange of assets and the
division is being effected without the introduction of outside funds of other property not
constituting a part of the marital estate.
tom, , .
24. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT:
Each party shall, at any time and from time to time hereafter, take any and all
steps and execute, acknowledge, and deliver to the other party any and all further
instruments and/or documents that the other party may reasonably require for the purpose
of giving full force and effect to the provisions of this Agreement.
25. RECONCILIATION:
The parties shall only effect a legal reconciliation which supersedes this
agreement by their signed agreement containing a specific statement that they have
reconciled and that this agreement shall be null and void; otherwise, this agreement shall
remain in full force and effect. Further, the parties may attempt a reconciliation, which
action, if not consummated by the aforesaid agreement, shall not affect in any way the
legal effect or~this agreement or cause any new marital rights or obligations to accrue.
26. SEVERABILITY:
The parties agree that the separate obligations contained in this Agreement shall
be deemed to be interdependent. If any term, clause, or provision of this Agreement shall
be determined by a court of competent jurisdiction to be invalid or unenforceable, then
the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill
as closely as possible the purpose of the invalid provision. Notwithstanding any release
contained herein, the parties intend that they may reinstate any and all economic claims
to the extent available under the Divorce Code of 1980. Further, any court of competent
jurisdiction may, under the equitable provisions and purposes of the Divorce Code,
reinstate any economic claim which was available at the time of the parties' separation or
ve. n
avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the
purpose of the unenforceable provision.
27. NO WAIVER OF DEFAULT:
This Agreement shall remain in full force and effect unless and until terminated
under and pursuant to the terms of this- Agreement. The failure of either party to insist
upon strict performance of any of the provisions of this Agreement shall in no way affect
the right of such party hereafter to enforce the same, nor shall the waiver of any breach of
any provision hereof be construed as a waiver of any subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict performance of any other
obligations herein.
28. 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. This Agreement
shall survive integration by any court into any judgment for divorce and shall continue to
have independent legal significance as written contract separate from such judgment for
divorce and may be enforced as an independent contract.
29. 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.
,,
,',
30. NOTICES:
Any and all notices given hereunder shall be in writing and shall be sent
registered mail, return receipt requested:
A. To the Wife, at 9 East Big Spring Avenue, Apartment 3, Newville,
Pennsylvania, 17241.
B. To the Husband, at 135 Kensville Road, Carlisle, Pennsylvania,
17015.
31. WAIVER OR MODIFICATION TO BE IN WRITING:
i
No modification or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default
hereunder shall be deemed a waiver of any subsequent default of the same or similar
nature.
32. CAPTIONS:
The captions of this Agreement are inserted only as a matter of convenience and
for reference and in no way define, limit or describe the scope and intent of this
Agreement, nor in any way effect this Agreement.
33. AGREEMENT BINDING ON HEIRS:
The Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
34. 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 set their hands and seals to two
counterparts of this Agreement, each of which shall constitute an original, the day and
year first above written.
Witness:
°~" ~ Seal
~ )
Thomas R. Mohn
Qom- ~
Da -Marie ohn
~ F, ~.
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
On this, the ~~' '2tay of ~~~~~, 2010, before me, a notary
public, the undersigned off cer, personally appeared Thomas R. Mohn, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and notarial seal.
NOMrIM IMt
~I~i
i~l~
Mr r•M~MMnn NOMM JAR ~. fq!
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
N ublic
SS.
On this, the ~ day of ~ ~ ~ ~ , 2010, before me, a notary
public, the undersigned officer, personally appeared Dawn Marie Mohn, known to me
(or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein
contained.
In Witness Whereof, I hereunto set my hand and. notarial seal.
~ a,c~
No ublic
~ ~ ~
No~ry t'uWic
~1°"+~ 9oiv, tia~rdfn cao~,h,
Illy ~fabn E~q~,~, ~~ ~0f2
A~nbK, ~MYhniMa F-saociatlp~ of Hoarls~
FlLEO-QFFlCC
flF TFfE FRflTHONQTAR~'
Z~10 DCT 2 i A~ 8~ 24
CU~BE4LAPJD COl1~iTY
PEP~~ISYLVAN4A
THOMAS R. MOHN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
DAWN-MARIE MOHN, NO. 2010-3829 CIVIL TERM
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
1. Ground for divorce:
Irretrievable breakdown under §3301(c}
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: by certified mail, restricted delivery on
June 14, 2010.
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: October 15, 2010 by Defendant: October 18,
2010
(b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file Praecipe to Transmit
record, a copy of which is attached:
~ s
(b} Date of plaintiff s Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: October 21, 2010
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: October 21, 2010
Hannah Herman-Snyder, Esquire
GRIFFIE & ASSOCIATES
Attorney for Plaintiff
y~,
Walker, Connor & Spang, LLC
247 Lincoln Way East
Chambersburg PA 17201 F1LED-OFFICE
(717) 262-2185 OF THE PROTHONOTARY
(717) 262-2187 -Fax
2a~n~nz. ~..~._.
I 4+ 1 R/ f V~ V'T
Thomas R. Mohn, ) IN THE COURT 01~®l~CJ~~~~~~~
Plaintiff, )CUMBERLAND COU1'~f~d~iB$'I}~D4~p~YlIA-VANIA
vs. )CIVIL ACTION LAW
Dawn-Marie Mohn, ) No. 10-3829 -CIVIL TERM
Defendant, ) In Divorce a v.m.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce was filed on June 10, 2010.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION & 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if 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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn
falsification to authorities.
Date: la ~~ ~~ ~
Da -Marie M , Defe ant
flF THE RQ7CN0 OTAR`~'
za~a ocr z ~ a~~ s: 2~
Cl1MBERLAND COtlIdTY
PENNSYLVANIA
THOMAS R. MORN,
Plaintiff
v.
DAWN-MARIE MORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2010-3829 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on June
10, 2010, and served on June 14, 2010, by certified mail, restricted delivery.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: ~C,~c,1 ~~ oZ~ ~~
a«~-~
THOMAS R. MOHN, Plaintiff
°FlLCQ-OFFICE
OF THE PROTHONOTARY
201Q OCT 21 Q~ 8~ 24
CU4~i8ERLANO COU~lTY
PEI'dNSYLVAtdIA
THOMAS R. MOHN,
Plaintiff
v.
DAWN-MARIE MOHN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2010-3829 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: ~ ~~~ ~~~
THOMAS R. MOHN, Plaintiff
Thomas R. Mohn IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Dawn-Marie Mohn
Np.2010-3829
DIVORCE DECREE
~~`3• a ~~•~ •
AND NOW, _~{ ~ ,~~ , it is ordered and decreed that
Thomas R. Mohn plaintiff, and
Dawn-Marie: Mohn ,defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate GNone.")
None. The :parties' Property Settlement Agreement entered into October 15,
2010 is incorporated herein, but not merged.
B "e Court,
_x
Attest: J.
Prothonotary
~ w~
Walker, Connor & Spang, LLC
247 Lincoln Way East
Chambersburg, PA 17201 NOV 7010
(717) 262-2185 (717) 262-2187-Fax
*************************************************************************
Thomas R. Mohn, ) IN THE COURT OF COMMON PLEAS OF
Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION LAW
Dawn-Marie Mohn, ) No. 10-3829 -CIVIL TERM
Defendant, ) In Divorce a v.m.
RETIREMENT BENEFITS COURT ORDER
THIS MATTER having come before the Court,
IT IS HEREBY ORDERED, Thomas R. Mohnn`, (Alternate Payee), of 135 Kerrsville
Road, Carlisle, Pennsylvania, 17015, (Social. Security No: 175-64-1263) is awarded Seven
Thousand Dollars ($7,000.00) as of October 15, 2010 from the Civilian Thrift Savings Plan
Account of Dawn M. Mohn, (Plan Participant) of 9 East Big Spring Avenue, Apt. #3, Newville,
Pennsylvania, 17241 (Social Security No: 040-62-8096).
FURTHER ORDERED: Earnings will be paid on the amount of the entitlement under
this ORDER until transfer is made.
Dated: /it l 0
B COURT,
J.
C7
n
=? mar=
X: - -or-
us
rj C)
Vic.)
-c w ?
CONSENTED TO:
Date: I I I U /0 (.
Dy,vn M. Mohn, Plan Participant
Date: 21 &CT 2-dId0 -44
Thomas R. Mohn, Alternate Payee
Date: I / ,( I0
Date: 11- 1- j a
Mwba. B. Walker, Esq ire
Attorney for Plan Participant
1, w NUA & t\ - jou4AIA
Hannah Herman-Snyder, Esqui
Attorney for Alternate Payee
2
Thomas R. Mohn IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Dawn-Marie Mohn
No. 2010-3829
DIVORCE DECREE
at 3:07 p.m.
AND NOW, October 26 , 2010 it is ordered and decreed that
Thomas R. Mohn plaintiff, and
Dawn-Marie Mohn , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None. The parties' Property Settlement Agreement entered into October 15,
2010 is incorporated herein, but not merged.
By the Court,
Edward E. Guido
Attest: J.
Prothonotary
Certified Copy Issued: November 1, 2010
Date