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Home My WebLink About05-0853 T ANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff MICHAEL J. GENNA, Plaintiff ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0,)'-- ?5'1 c.v, / CIVIL ACTION - DIVORCE BARBARA GENNA, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 First Floor, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, 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 MAYBE 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, P A 17013 (717) 249-3166 v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. GENNA, Plaintiff NO. BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE A VISO USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente ar par medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriarmente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado par el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIA nON 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 T ANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff MICHAEL J. GENNA, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Michael 1. Genna, by and through his attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Michael J. Genna who currently resides at 806 Wertsville Road, Enola, Curnberland County, Pennsylvania 17025. 2. Defendant is Barbara Genna who currently resides at 505A Park Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 23, 2000 in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since January 15, 2005, and continue to live separate and apart as of the date of filing this Complaint. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. 7. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT I - CUSTODY 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff seeks partial custody of the following children: Name Present Address Age Lindsay Genna 505A Park Road New Cumberland, P A 17070 11 (D.O.B.21l/94) Lauren Genna 505A Park Road 4 New Cumberland, PA 17070 (D.O.B. 3/8/01) I I. Lauren Genna was born in wedlock. Lindsay Genna was born out of wedlock. 12. The children are presently in the custody of the Defendant, Barbara Genna, who resides at 505A Park Road, New Cumberland, Cumberland County, Pennsylvania 17070. 13. During the last five years, the children have resided with the following persons at the following addresses: Person(s): Michael J. Genna Barbara Genna Address: 505A Park Road New Cumberland, PA 17070 Dates: 9/00 - 1/15105 Barbara Genna 505A Park Road New Cumberland, P A 17070 1/15/05-present 14. The mother of the children is Defendant, Barbara Genna, currently residing at 505A Park Road, New Cumberland, Cumberland County, Pennsylvania 17070. 15. The father of the children is Plaintiff, Michael J. Genna, currently residing at 806 Wertsville Road, Enola, Cumberland County, Pennsylvania 17025. 16. The relationship of the Plaintiff to the children is that of father. 17. The relationship of the Defendant to the children is that of mother. 18. Plaintiff has not participated as a party in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been narned as parties to this action. 21. The best interests and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral and spiritual environment would be improved by Plaintiffs continued interaction in his children's lives. WHEREFORE, Plaintiff requests the Court to grant Partial Custody of the Child. Respectfully submitted, '-ialditL A. f()/}VJ1b0 Tabetha A. Tanner, Esquire Supreme Court J.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 (717)731-8114 VERIFICATION I verify that the statements made in this divorce complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. /7 ~/ / ~ ,., /' .... 0'-' .'_ // .-/ / ----~ ,/" /'/ ..... ./ ./ ... .o',.. ----------- Date: I '2-/;; !o{ I { ~ n ~_/~ r 0_~ ~~\ -::.. --1 ~. ~ -. '&I _.~~ ~ -~ ~; C) ,.:.;> ~'f\ (':J' .." ~,~':~,~ '..'''' 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GENNA, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-853 CIVIL BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Divorce Complaint filed in the above-captioned matter upon Barbara Genna, by regular, first-class U.S. mail and certified U.S. mail, return receipt requested, addressed as follows: Ms. Barbara Genna 505A Park Road New Cumberland, P A 17070 and did thereaftj, receive same as evidenced by the attached Post Office receipt card dated c9. J!)7 0) . Respectfully submitted, 1c . -A Olu-/;d A bz/}{p(, Tabetha A. Tanner, Esquire Supreme Court J.D. No.: 91979 . ;r Ul ...n ...n ru ru Ul ...n u.~. Postal Service", \ CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage ProVided) Postage $ NEQuliRfidpC7(J;oi~ ["'- Certified Fee o o Return Receipt Fee o (Endorsement RequIred) o ReSfricred Delivery Fge r=I (Endorsement Required) Ul ru Total Posta.ge & Fe8s ;r o o 1 $2.30 $1.75 $3.50 000\3 . 9~ . ,,",1m"" >'I~~,re / o Agent o Addressee . Date of Delivery D. Is delivery address different from Item 1? 0 Yes If YES. enter defivery address bebw: 0 No ~\ 3. Service Type ::a Certified Mall 0 Exprees Mall o RegIstered D Return ReceIpt for Merchandise o Insured Meil 0 C.O.D. .. Resb1cted Delivery? (Extre Fee) Yes 2. Article Number (fransfer fIom sewIce ~ PS Form 3811. February 2004 7004 2510 0007 6522 6654 Domestic Return Receipt 102595-02-M-1540 ".J ( <' , \ t .-;" " ~J-:) \ c:::- " -.- (<. , \ , \. 9 MICHAEL J. GENNA, Plaintiff v, ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO '\ .'- -,"- '" . L ) - ~_} .j BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this day of , 2005, upon consideration of Petitioner' s Petition for Special Reliefpursuant to 23 Pa.C.S. 31 04(a), 3323(f) and 3504(a) and Pennsylvania Rule of Civil Procedure 1920.43, it is hereby ORDERED and DECREED that: Respondent, Barbara Genna, shall be enjoined and restrained from transferring, secreting, appropriating, pledging, alienating, selling, utilizing or encumbering in any way without further without further Order ofthis court or the express written permission ofthe Petitioner, assets in which she has an interest with an aggregate fair market value in excess of Five Hundred Dollars ($500.00), including, but not limited to, those identified in paragraph 8 of Petitioner's Petition for Special Relief. BY THE COURT: ." TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA ]7043 Phone (717) 731-8114/ Fax (717) 73]-8115 Attorney for Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL J. GENNA, Plaintiff NO. D.5- - j-'61 BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE PETITION FOR SPECIAL RELIEF: INJUNCTION AGAINST DISSIPATION OF MARITAL PROPERTY PURSUANT TO SECTIONS 3104(a) AND 3323(1) OF THE DIVORCE CODE AND PENNSYLVANIA RULE OF CIVIL PROCEDURE 192G.43 AND NOW, comes the Plaintiff, Michael J. Genna, By and through his attorney, Tanner Law Offices, LLC, in order to preserve and protect the parties' marital property and, in support of the Petition, respectfully represents as follows: I. Petitioner, Michael J. Genna, is the plaintiff in this divorce action and currently resides at 3000 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent, Barbara Genna, is the defendant in this divorce action, and, upon information and belief, resides at 505A Park Road, New Cumberland, Cumberland County, Pennsylvania. 3. The parties are husband and wife, having been married on September 23,2000. 4. The parties separated 011 January 15,2005. 5. The action was commenced by filing a Complaint in Divorce on February 15,2005 in which Petitioner included claims for, inter alia, a divorce on the grounds set forth in Sections 3301 (c) and 3301 (d) of the Divorce Code. .' 6. An Amended Complaint was filed on March 31, 2005 in which Petitioner included claims for equitable distribution. 7. During the course of the marriage, the parties acquired assets, including real and personal property, which constitute marital property within the meaning and intent of the Pennsylvania Divorce Code and which are subject to equitable distribution. 8. Respondent has title interest in various assets, some or all of which Petitioner believes to be marital property, including, but not limited to: a. 1998 Jeep Grand Cherokee; b. Living room set; c. Antique dresser; d. Bedroom suite 9. Upon intormation and belief, Respondent, Barbara Genna, will dispose of, encumber or alienate marital property without regard to Petitioner's interest therein or his claim for equitable distribution. 10. Upon information and belief, if Respondent disposes ofthe assets in her sole control, the remaining marital assets will be insufficient to adequately protect Petitioner's right to equitable distribution of the parties' marital property. 11. Pursuant to Section 3323(1) of the Divorce Code, this court has "full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require ..." 12. The relief sought by Petitioner: a. is necessary to protect his interests in the marital property; b. is necessary to effectuate the purposes of the Divorce Code; c. is required by equity and justice. 13. Petitioner has no adequate remedy at law. 14. Upon information and belief, Petitioner will suffer irreparable harm and lose forever his rights to equitable distribution of marital property unless Respondent is enjoined from dissipating marital assets in her control. 15. Pursuant to Section 31 04(a) of the Divorce Code, the relief sought by this Petition can be fairly and expeditiously determined and disposed of in this action. WHEREFORE, Petitioner, Michael J. Genna, respectfully requests that this Court enter and order: A. Directing that Respondent shall be enjoined and restrained from transferring, secreting, appropriating, pledging, alienating, selling, utilizing or encumbering in any way without further Order of this court or the express written permission of the Petitioner, assets in which she has an interest with an aggregate fair market value in excess of Five Hundred Dollars ($500.00), including, but not limited to, those identified in paragraph 8 of this Petition. B. Such other relief as this Court may deem appropriate. Respectfully submitted, -1014 4 -kV/Z0 Tabetha A. Tanner, Esquire Supreme Court J.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 (717) 731-8114 J" ..' VERIFICATION I verifY that the staternents made in this Petition for Special Relief are true and correct. I understand that false statements rnade herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. OM' '3 fl~ ( {' -~-..--=::-> ~~ . Genna .J' ' ~. T ANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 Phone (717) 73] -8114/ Fax (717) 731-8115 Attorney for Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. GENNA, Plaintiff NO. 05-853 CIVIL BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Petition for Special Relief, filed in the above-captioned matter upon Barbara Genna, by regular, first-class U.S. mail, addressed as follows: Ms. Barbara Genna 505A Park Road New Cumberland, PA 17070 Respectfully submitted, -icdd:4 JJ-fMWL Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 ~) C:.-" C) , -" L" -'~ .--1 -,~ (~ . co,) ,- .j ...,;) <. - ........--- Plaintiff I I I ~R 2 il Z005 fi~ I IN THE COURT OF COMMgN PLEAS OF CUMBERLAND COUNTY, P9NNSYLVANIA NO. 05-85~ CIVIL T RM CIVIL ActiON - L W IN CUSTODY ,.. ." MICHAEL J. GENNA, v. BARBARA GENNA, Defendant TEMPORARY ORDER OF COURT AND NOW, this --3/ 57 day of ~ c.-J.. , 200 ,upon onsideration of the attached Custody ~nCiliation Summary Report, it is hereby or ered a d directed as follows: 1. Leqal Custody. The parties, Michael J. Genna and Barb ra Gen a, shall have shared legal custody of the minor children, Lindsay Genna, born F bruary ,1994, and Lauren Genna, born March 8, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency d cisions ffecting the children's general well-being including, but not limited to, all decisions egardin their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each p rent shall be entitled to all records and information pertaining to the children including, but ot limited to, medical, dental, religious or school records, the residence address of t e childr n and of the other parent. To the extent one parent has possession of any such r cords 0 information, that parent shall be required to share the same, or copies thereof, ith the other parent within such reasonable time as to make the records and information of reaso able use to the other parent. 2. Phvsical Custody. Mother shall have temporary prim ry phy ical custody subject to Father's rights of partial custody which shall be arranged as 1I0ws: A. Commencing March 25, 2005, on alternating w ekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. 9:00 p.m. Commencing March 28, 2005, each Monday at :30 p.m until C. Commencing March 30, 2005, each Wednesday at 6:30 p.m. until the following morning when the children are taken to school. 3. Transportation. The parent receiving custody shall p vide tr nsportation incident to the custodial exchange. .. NO. 05-853 CIVIL TERM 4. Vacation. Each parent shall be entitled to custody fori purpos s of Summer vacation for two (2) weeks each Summer school recess. Said '\veeks ay be taken consecutively or non-consecutively. The parties will provide each oth~r with t irty (30) days notice of their intended vacation plans. In the event of a scheduling nflict, t e parent first providing written notice to the other parent with their plan shall r ceive c oice of their vacation time. 5. schedule. Holidays. The following holiday schedule shall su ersede the regular A. Alternatinq Holidays. The parties shall alternat the fol owing holidays commencing with Mother having custody for Easter 005: aster, Memorial Day, Independence Day, Labor Day and Thank giving. The custodial period for these holidays shall commence at 6:00 p.m. he day efore the holiday and continue until 8:00 a.m. the day followin the h liday. However, the custodial period for the Thanksgiving holiday sh II be fro the time school dismisses on the Wednesday before Thanksgi ing unt I the Sunday following Thanksgiving at 5:00 p.m. B. Christmas. Christmas shall be divided into Segment A and Segment B. Segment A shall be from th time s hool dismisses for the Christmas recess until Christmas Day at Noon. Segm nt B shall be from Christmas Day at Noon until December 30th at :00 p.m. In 2005 and subsequent odd-numbered years, Father shall have S gment and Mother shall have Segment B. In 2006 and subsequent ev n-num ered years, Mother shall have Segment A and Father shall have Segm nt B. 6. The parties may deviate from the schedule provided in this Ord r by their mutual agreement. However, in the absence of their mutual agreeme t, the te ms of this Order shall control. ~-----) BY T E COUR . Dis!: ~ha A. Tanner, Esquire, 1300 Market Street, Suite 6, Lemoyne, PA 17043 ,.)9rbara Genna, 505A Park Road, New cumberland~PA 17 70 .J- ~.%:~ ,O? G,\ ("" -'J C)J ./ j,lt"::) Ol' ,II' "r' .J) 'I I" I " \!i!'! Cf,17 v,.,;, l ....H)v Ab'/.1 :;Hl :JD 3:;'IJ::;,}-'::TH:! . -- . Plaintiff IN THE COURT OF COMM CUMBERLAND COUNTY, P NO. 05-853 CIVIL T RM MICHAEL J. GENNA, v. BARBARA GENNA, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORt IN ACCORDANCE WITH CUMBERLAND COUNTY RULE O~ CIVIL 1915.3-8, the undersigned Custody Conciliator submits the following r~port: 1. The pertinent information concerning the children who ~re the s bject of this litigation is as follows: ' NAME DATE OF BIRTH CURRENTLY IN HE CU TODY OF Lindsay Genna Lauren Genna February 1, 1994 March 8, 2001 Mother Mother , 2. Father filed a Complaint for Divorce containing a Custod!y Count on February 15, 2005. A Custody Conciliation Conference was held on March 24, 1005. Pr sent for the conference were: the Father, Michael J. Genna, and his counsel" Tabeth A. Tanner, Esquire; the Mother, Barbara Genna, attended pro se. 3. The parties reached an agreement in the form of an ordf as att ched. They agreed that they would share holidays, however they did not agree 0 a sp cific holiday sharing plan. They agreed that the Conciliator would make a recomm ndation with regard to a holiday sharing schedule which they could either follow 0 ify b mutual agreement. D:/a.:6! ~ Me ;,,, Pe,' G",I 'Y, E'q Custody Concilia r :247451 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 Phone (7 J 7) 731-81141 Fax (717) 73 1-81 ] 5 Attorney for Plaintiff MICHAEL J. GENNA, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF C MMON PLEAS OF CUMBERLAND COUNtry, PE SYLVANIA NO. .:.,5 - 0'5 3 BARBARA GENNA, Defendant CIVIL ACTION - DIVO CE NOTICE TO DEFEND AND CLAIM RIGHTS . . You have been sued in Court. If you wish to defend against the clai s set forth in the following pages, you must take prompt action. You are warned that if you f il to do s~, the case will proceed without you and a decree in divorce or annulment may be enter d against.you by the court. A judgment may also be entered against you for any other claim or reI ef requested in these papers by the Plaintiff. You may lose money or property or other right important to you, including custody or visitation of your chi!drim. . . M' "-'-' ..... YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONC . IF YO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FO TH BEL THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT H1R G A LA 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 availab e in the ffice of the Prothonotary at the First Floor, Dauphin County Courthouse, Front and M ket Stre ts, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF P OPERT , LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, au MA LOSE THE RIGHT TO CLAIM ANY OF THEM. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE Y BE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA OFFE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA TrON 32 Bedford Street Carlisle, P A 17013 (717) 249-3166 MICHAEL J. GENNA, ~ IN THE COURT OF COMMO PLEAS OF Plaintiff ~ CUMBERLAND COUNTY, PE NSYLVANIA ~ v. ~ NO. ~ CIVIL ACTION - DlV~RCE BARBARA GENNA, ~ Defendant ~ A VISO USTED HA smo DEMANDADO/A EN LA CORTE. Si usted esea de enderse de las demandas que se presentan mas adelante en las siguientes paginas, de be to ar acci' dentro de los pr6ximos veinte (20) dfas despues de la notificaci6n de esta Dema da y A Iso radicando personalmente or por medio de un abogado una comparecencia escrita y r dicando n la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en cont a suya. Se Ie advierte de que si usted falIa de tomar acci6n como se describe anteri rmente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la d manda cuaIquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en ontra su a par la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros de chos im ortantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IN EDIAT MENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LAME 0 VA Y A A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCO TRAR SISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, P A 17013 (717) 249-3166 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff MICHAEL J. GENNA, Plaintiff v. BARBARA GENNA, Defendant ~ ~ ~ ~ ~ ~ ~ NO. J CIVIL ACTION - DlViRCE I , AMENDED COMPLAINT UNDER SECTION 3301 c OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Michael.1. Genna, by and thro gh his a tomey, Tanner Law Offices, LLC, and represents as follows: I I. Plaintiff is Michael J. Genna who currently resides at 30fO Colu bia Avenue, Camp Hill, Cumberland County, Pennsylvania 7025. 2. Defendant is Barbara Genna who currently resides at 505 Park oad, New Cumberland, Cumberland County, Pennsylvania 17070. \ Plaintiff and Defendant have been bona fide residents in t~e , Cornrnonwealth of Pennsylvania for at least six months i1mediate y prior to the filing of this Complaint. 3. 4. The Plaintiff and Defendant were married on September 2 ,2000 i Pennsylvania. 5. There have been no prior actions of divorce or for annulment b tween the parties. 6. The rnarriage is irretrievably broken: Plaintiff and De~endant h ve Jived separate and apart since January 15,2005, and continu, to live eparate and , , apart as of the date of filing this Complaint. Plaintiff d sires a Ivorce based upon the belief that Defendant will, after ninety ays frO] the date of the filing of this Complaint, consent to this divorce. 7. Defendant is not a mernber of the Anned Forces of the nited S tes of America or any of its Allies. 8. Plaintiff has been advised that counseling is available a d that pi intiffmay have the right to request that the court require the partie to parti ipate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree 0 diVorce. COUNT I - CUSTODY 9. Paragraphs I through 8 are incorporated herein by refere ce as if et forth in their full text. 10. Plaintiff seeks partial custody of the following children: Name Present Address Age Lindsay Genna 505A Park Road New Cumberland, PAl 7070 II (D.O.B 2/1/94) Lauren Genna 505A Park Road 4 New Cumberland, PA 17070 (D. .B. 3/8/01) II. Lauren Genna was born in wedlock. Lindsay Genna "Ias born ut of wedlock. , ]2. The children are presently in the custody of the Defendant, Bar ara Genna, , who resides at 505A Park Road, New Cumberland, CUI\p.berland County, Pennsylvania 17070. 13. During the last five years, the children have resided wi h the fol owing persons at the following addresses: Person(s); Michael J. Genna Barbara Genna Address: 505A Park Road New Cumberland, PA I 070 D tes: 9/ 0 - 1/1 5/05 Barbara Genna 505A Park Road 1/1 5/05-present New Cumberland, P A 17 70 14. The mother of the children is Defendant, Barbara Genn , current y residing at 505A Park Road, New Cumberland, Cumberland Cou ty, Pen sylvania 17070. 15. The father of the children is Plaintiff, Michael J. Genna, urrentl residing at 806 Wertsville Road, Enola, Curnberland County, Pen sylvani 17025. 16. The relationship of the Plaintiff to the children is that of ather. 17. The relationship of the Defendant to the children is that f mother 18. Plaintiff has not participated as a party in other litigation oncerni g the custody of the child in a court of this Commonwealth or tate. 19. Plainti ff does not know of a person not a party to the proc edings ho has physical custody of the child and claims to have custody 0 visitati n rights with respect to the child. 20. Each parent whose parental rights to the child have not been te inated and the person who has physical custody of the child have!been na ed as parties to this action. 21. The best interests and permanent welfare of the child v.jill be se ed by , granting the relief requested. The quality of the child'slphysical intellectual, rnoral and spiritual environment would be i nproved by Plaintiffs continued interaction in his children's lives. WHEREFORE, Plaintiff requests the Court to grant Partial C stody 0 the Child. COUNT II - E uitable Distribution of Marital Pro 3502(a) of the Divorce Code Under ection 22. Paragraphs I through 21 are incorporated herein by reference as thoug set forth in full. 23. Plaintiff and Defendant have acquired marital property as defi ed by th Divorce Code, which is subject to equitable distribution pursuant to Se tion 350 (a) of the Divorce Code. , : Plaintiff and Defendant have been unable to agree as to the eqt'table dijision of said property, as of the date of the filing of this Amended Com laint. I I I I Plaintiff requests that this Court equitably divide, distribute or fssign the marital property between the parties. \ WHEREFORE, Plaintiff respectfully requests that this Court enter an\order of quitable I I distribution of marital property pursuant to Section 3502(a) of the Divofce Code. I 24. 25. Respectfully submitted, Tabetha A. Tanner, squire Supreme Court J.D. \No.: 919 9 Attorney for Plaintit)f TANNER LAW OF ICES, LC 1300 Market Street, uite 6 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Amended Co~plaint i Divorce are , true and correct. I understand that false statements made herei~ are ma e subject to i the penalties of 18 Pa.C.S. S4904 relating to unsworn falsific tion to a thorities. Date: ./ ~~,/ Michael ---- ,-, ,...) ~~ , ' :..;" '( \ \~, /" .-c c;:'; ~ ~ --'~ .---.; {,-: J. ~ (...I'\' ;::::>\\ ~ ~ '("-~ " - \) (' W \ to ~ '(:' \ ~ I. -- - .--- TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff MICHAEL J. GENNA, Plaintiff v. BARBARA GENNA, Defendant IN THE COURT OF CO MON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA ~ ~ ~ ~ ~ ~ ~ NO. 05-853 CIVIL CIVIL ACTION - DlVOR E CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Amended C mplaint in Divorce filed in the above-captioned matter upon Barbara Genna, by regular, Irst-class U.S. mail, addressed as follows: Ms. Barbara Genna 505A Park Road New Cumberland, P A 17070 Respectfully submitted, {)ld~ 4- -t Tabetha A. Tanner, Esquire Supreme Court J.D. No.: 91979 Q ~" ..-0 T;;;:~, r\~ ~1: " \::~ >....~~ .. 1-;:'( ;;';;;"(.<. yS;" ;t,. 2. -------- ~ 'a> -eo :;0 \ U' ~ C? ~ -' ::r;..... (',e :<.>'0 ;',.'-, ~>}-'~" (:yf:!?\ ::;:::-\ -"{:Co' ~~l t." --l TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff I MICHAEL J. GENNA, Plaintiff IN THE COURT OF C )MMON PLEAS OF CUMBERLAND COU TY, PENNSYLVANIA ~ ~ ~ ~ ~ ~ ~ NO. 05-853 CIVIL v. BARBARA GENNA, Defendant CIVIL ACTION - DIV RCE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Petition for pecial Relief, filed in the above-captioned matter upon Barbara Genna, by regular, first-clas U.S. mail, addressed as follows: Ms. Barbara Genna 505A Park Road New Cumberland, PAl 7070 Respectfully submitted, 7Jdh;} -i Tabetha A. Tanner, Esqui e Supreme Court J.D. No.: 91979 Date: II/;!o) (") c:-. -:!:'~ 4J(S~ C9~,; ~.;;'f 1'7);:' '::.<. .; r:l..' ~ x:;. ( ~~~. :2 ~ ~ -e.; -;;0 \ <.f\ Q. .-\ 'ff.:r1 :%~ (~').C) ::r~ ::>6 ,~'fC' ,-) .>\ ~S. .-". !!; ..- C? r.fI -' v. ~ ~ ~ ~ ~ ~ ~ I. ~ " RECEIVED MAY 042005 rf' . { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05_~J MICHAEL J. GENNA, Plaintiff BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this V(~ day of ~ , , 2005, upon consideration of Petitioner' s Petition for Special Relief: Injunction Against Dissipation Of Marital Property Pursuant to Sections 31 04(a) and 3323(f) of the Divorce Code and Pennsylvania Rule of Civil Procedure 1920.43, and the attached stipulation, fully executed by the parties, it is hereby ORDERED and DECREED that: I. Plaintiff, Michael J. Genna shall keep and maintain the 1998 Jeep Grand Cherokee. Wife shall execute any and all documents to ensure proper transfer of said vehicle to husband. 2. The parties shall divide all household furniture currently located at 505A Park Road, New Cumberland, York County, Pennsylvania by mutual consent. 3. Plaintiff shall assume the monthly bankruptcy payments until paid in full. 4. Plaintiff shall pay Defendant the sum of $300.00 biweekly in alimony for a period for two (2) years commencing upon the date of divorce. 5. Plaintiff shall pay Defendant the sum of $200.00 biweekly in alimony for a period of one year thereafter. 6. Upon the expiration of the third year, Plaintiff shall pay the Defendant the sum of $175.00 biweekly for one year. 7. Any and all disputes which may arise regarding these matters shall defer to the Marital Settlement Agreement signed and dated by the parities on April 21, 2005 and incorporated herein as Exhibit "A". -- /\ BY T_~O'URT;./' /~ /' " (,rp-u;) l :1-LL ~ / 05,{){05 '~.1.J (.-.- ,-,- c:') c.j 'I, ~-=-I t..\ ' lL:e 1-' u_ o LO <>J c'-l ~,,- ,.<: If:,) c:::> c:::::> <..., .:::;:~ U T ANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemayne, PA 17043 Phone (717)731-81 14/ Fax (717) 731-8115 Attorney for Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS AS; MICHAEL J. GENNA, Plaintiff BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE STIPULATION TO THE HONORABLE, JUDGE OF SAID COURT: Plaintiff, Michael J. Genna, and his attorney, Tabetha A. Tanner, Esquire, and Defendant, Barbara Genna, do hereby stipulate and agree that the judges of this Court of Common Pleas of Cumberland County, Pennsylvania before whom this matter has been assigned, rnay enter the Decree and Order attached hereto. ,/2: ~~--/ tln/c,,( Dae ( i-Jb7/0 <) Date -Iol-(J,t I O/l!.4'<lR'C Tabetha A. Tanner, Esquire Attorney for Plaintiff 1/;;* S-- Date /-~~ '._---~ . Defendant j:-/ Tanner Law Offices, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 (717) 731-8114 ttanner@tanner-law.com v. ~ IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA ~ o)~853 ~ NO. OS S83 ~ ~ CIVIL ACTION - DIVORCE ~ MICHAEL J. GENNA, Plaintiff BARBARA GENNA, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~330l(c) of the Divorce Code was filed on February 15,2005. 2. The marriage ofthe 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 Divorce. 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: 1f-0( f $/ ,..., 0 = c:;::> -n cr' " (fl -,"' " ~.() \ ....J ~ CO \..P Tanner Law Offices, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 (717) 731-8114 ttanner@tanner-law.com v. ~ IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ NO. &5-~83 05-853 ~ ~ CIVIL ACTION - DIVORCE ~ MICHAEL J. GENNA, Plaintiff BARBARA GENNA, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (c) OF THE DIVORCE CODE I. 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 divoro;e 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 made herein are made subject to the penalties of 18 Pa.,C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?J/Zl ~{ I I ~7 -"-~ "', c:;::} Z; 0., rq -'() Ci 'T1 1 f"'l:n . &; ~.,~ .-...: ,'" S"J <:) 1.0 ,...c' C) 111 Tanner Law Offices, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 (717) 731-8114 ttanner@tanner-Iaw.com v. ~ IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ NO. OS SgJ CJS-'B53 ~ ~ CIVIL ACTION - DIVORCE ~ MICHAEL J. GENNA, Plaintiff BARBARA GENNA, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on February 15,2005. 2. The marriage ofthe 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 Divorce. 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: Clt1 ~ ~~ ~, ~,enna pC~ r-"=' (') c.::l -r1 c;;.:;. c.r' ~i -.;J ~ 9 C"l \..0 Tanner Law Offices, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 (717) 731-8114 ttanner@tanner-Iaw.com v. ~ IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ NO. u~-S83 0 s- 853 ~ ~ CIVIL ACTION - DIVORCE ~ MICHAEL J. GENNA, Plaintiff BARBARA GENNA, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (e) 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 in 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/. di: ~'J) ~c Q ....., c::::> C:::} "" U) f'q -0 I o .1 :;:J rn::J r.... "-,:~.l rr~ >~?>? -.J .,;",: S.J o \..0 :~j~; ::[.l~ =< -- v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. GENNA, Plaintiff NO. 05-583 BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this J / s i- day of Apr j I ,2005, between Michael J. Genna, of3000 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Husband," and Barbara Genna, of 505A Park Road, New Cumberland, York County, Pennsylvania, hereinafter referred to as "Wife." WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other since September 23, 2000 in Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal c:onsequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; Page 1 of to .~ '--- WHEREAS, each party warrants, as part ofthe consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, counsel fees, or other expenses, except as set forth herein; and Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, except as set forth herein; NOW THEREFORE, the parties hereto intending to be legally bound hereby do mutually agree as follows: I. Separation. Husband and Wife do hereby acknowledge that they have lived separate and apart since January 15,2005, and continue to live separate and apart as of the date of this Agreement, and further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from e:ach other, and to reside, from Page 2 of 10 ,~ time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. Page 3 of 10 ~" The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them 'now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in- fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that, except as provided herein, neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other; to that end, each of the parties hereto does hereby waive any right to receive support, alimony, counsel fees, Page 4 of 10 expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Medical Coverage for the Children. Husband shall provide medical and dental coverage for the children until the children reach the age of eighteen (18). If, however, the children attend college, Husband shalll;ontinue to pay for medical and dental insurance so long as the Children continue to meet the eligibility requirements of the insurance program. The parties further agree that any medical or dental expenses for the Children not covered by insurance shall be divided as set forth in the Support Order issued by York County Domestic Relations, Order Number 00 I 97SA2005 and any future orders ofY ork County Domestic Relations or the Court of Common Pleas. 5. Medical Coverage for Wife. Husband shall provide medical coverage for Wife for a period of two (2) years from the execution of this agreement, or until Wife finds suitable employment which provides Wife with the: option of medical coverage, whichever event occurs first. 6. Child Support. All child support obligations and payments shall be made in accordance with the current child support order issued by York County Domestic Relations. Any future child support payments shall be made in accordance with said order or any future orders or court ordered modifications. Page 5 of 10 '- 7. Spousal Support/Alimony. In consideration of the mutual agreement of the parties, Mr. f3~1 and their decision to voluntarily live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree that Husband shall pay to wife the sum of three hundred dollars ($300.00) biweekly in spousal support. Said spousal support shall tenninate on the date the final divorce decree is issued. Husband shall pay to wifethe sum of three hundred dollars ($300.00) biweekly in alimony for a period of two (2) years, beginning upon the date of divorce. Upon the expiration of two (2) years, Husband shall pay to wife the sum of two hundred dollars ($200.00) biweekly in alimony for one year. Upon the expiration of the third year, Husband shall pay to Wife the sum of one hundred seventy-five dollars 'dw,ct~ ($175.00)~n alimony for the final year. Wife shall not be entitled to any further alimony payments after the expiration of four (4) years after the date of divorce. Siad alimony payments, are subject to Wife'S need for support. If Wife cohabitates with another male, her need for support shall be deemed null and void. All alimony payments shall pennanently cease upon the said cohabitation. 8. Division of Personal Property. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are Page 6 of 10 now owned or held by or which may hereinafter bdong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as ifhe or she were unmarried, with the exceptions as set forth below: a. Husband shall keep and maintain the 1998 Jeep Grand Cherokee. Wife shall execute any and all documents to ensure proper transfer of said vehicle to husband. Husband shall be the sole owner of said vehicle. Wife waives all rights and obligations toward same. b. The parties shall divide all household furniture currently located at 505A Park Road, New Cumberland, Cumberland County, Pennsylvania by mutual consent. 9. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof, 10. Bankruptcy. The parties acknowledge that there is a bankruptcy judgment against them jointly. Said bankruptcy was filed under Chapter 13 of the Bankruptcy Code. In consideration of the mutual agreements contained herein, Husband agrees to assume the monthly bankruptcy payments in full until paid. Page 7 of 10 ~ ~ 11. Relocation. Neither party shall move or relocate within one hundred (100) miles from their present location without the prior written consent of the other party. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending divorce between them in the Court of Common Pleas of Cumberland County, No. 05-583. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and fully settle hereby all claims raised by either party in the divorce action. 13. Incorporation and Judgmentfor Divorce. This Agreement and all of its provisions shall be incorporated intothe decree of divorce in the aforementioned divorce action, either directly or by reference. 14. Breach. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have: the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15. Enforcement. The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. Page 8 of 10 16. Applicable Law and Execution. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. 17. The Entire Agreement. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. Modification of this Agreement. The 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. 19. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 20. Voluntary Execution. Each of the parties has read and understands the above and is signing this Agreement as a free and voluntary act arId having had the opportunity to obtain advice of separate legal counsel. Page 9 of 10 -- IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year first written above. ) /J4~~f)V-- ~enna Ir;tkh{cv 'ivJt'7'..iK_ Signature of Witness -1r~iL --t#l1/7~>( Signature of Witness Ghi?lhu -r;Jllf'1 Printed Name of Witness IOb{!!/;aknI1N Printed Narne of Witness Page 10 of 10 () .....' () c:) 1;::::' ., ;':":1 (/':l :-::-J C~ , c '1 ..C- , -,~ f~) C....) (J Tanner Law Offices, LLC 1300 Market Street, Suite 6 Lemoyne, P A 17043 Phone (717) 731-8114/Fax (717) 731-8115 MICHAEL J. GENNA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ~ ~ ~ ~ ~ ~ ~ NO. 05-853 BARBARA GENNA, Defendant CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the court for entry of a divorce decree: l. Groundfor Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of Service of the Complaint: United States Postal Service, first class mail, postage prepaid, certified, restricted delivery. Return receipt dated February 28, 2005. 3. Date of Execution of the Affidavit of Consent Required by Section 3301 (c) of the Divorce Code: by Plaintiff on August 26, 2005; by Defendant on August 26,2005. 4. Related Claims Pending: no other marital claims pending. 5. Date of Filing Waivers of Notice: Plaintiffs waiver was filed with prothonotary on September 7, 2005; Defendant's waiver was filed with the prothonotary on September 7, 2005. ~lt/j~ ~. -h~ Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No. 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 (717) 731-8114 r--l C~.:J C~:,l <:...,.'1 cr ::::1 ~::1 f;l u -r.- ~-"-'I - , f'] L) :;:] 0"1 .< . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;t~ Of Of .'+=;+: Of. 'f Of. " . . 'f 'f +. :+; 'f 'f 'f '+ 'f :+. :+ '+' + +. +'f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . .. " " Of 'f+++++ :+. +. :+: ++ IN THE COURT OF COMMON PLEAS STATE OF . " . . . . . . . . " . . . . . . " . . . . . " . . . . " . . . . . . . . -MICHAEL ~T . "ENNA. Plaintiff VERSUS BARBARA r:PNNA. Deit'end;,nt OF CUMBERLAND COUNTY PENNA. No. 05 A'i"1 DECREE IN DIVORCE AND NOW, ..- --:2-ln ), IT IS ORDERED AND DECREED THAT Michr.lpl AND Barharn c:.pnnrl ~ ,7. C::pnni=l , PLAI NTI FF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN EN ERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT 0V\..e- . " .. .. Of 'f :+''f:+ .J. ROTHONOTARY '+' 'f '+''f;f.:+:'f;+: 'f'f . 'f.:+'Cf+'f +'f'f +'f'f'f'f'f'f 'l''f;f.+ . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . " . . . " . . . . . . . . . . . . Of. +. +..'+ ~ :z.. ~ ,~>1:/ ~k Jc?oClC' ',., ~ r-? /f) -,~>V 4'wt? ~ 57' oe /} . " ~~ :/ .',