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Home My WebLink About05-1530 I. -II. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHRISTOPHER E. TENNEY, Plaintiff CIVIL ACTION - LAW v. NO. 0[; -I S.16 CIVIL PATRICIA M. TENNEY, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS v ou have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the GOurt. A judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERfV, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 'YOU SHOULD TAKE THIS PAPER TO YOUR L!\.\~fYEP' ..~_T ONCE. IF YOn D0 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES. P.C - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 - I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHRISTOPHER E. TENNEY, Plaintiff CIVIL ACTION -- LAW vi. NO. OS'- ,nO CIVIL PATRICIA M. TENNEY, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Christopher E. Tenney, by and through his attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: I. Plaintiff, Christopher E. Tenney, is an adult individual presently residing at 220 West King Street, Shippensburg, Cumberland County, Pennsylvania 17257, since 1995. 2. Defendant, Patricia M. Tenney, is an adult individual presently residing at 46 Oak Road, Pine Grove, Pennsylvania 17963, since September 18, 2004. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Cornrnonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on December 17, 1993, in Chambersburg, Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WEIGLE & ASSOCIATES, Pc. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 CHRISTOPHER E. TENNEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05 - 1530 Civil Term PATRICIA M. TENNEY, Defendant : IN DIVORCE PRAECIPE FOR ENTRY OF APPJi:ARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Patricia M. Tenney, Defendant, in the above-captioned matter. Do., lis ! r;- Respectfully Submitted: 1-0"'(7- Adams, Esquire No. 79465 64 outh Pitt Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT Q <;:- %- -..J\}.;: \:!;; "~,'" '7\-,,_ i:]>.,;; 2;(: ~ ... "";". ~ 'Z<::; -c Y;i, '2 <;?, '$,~ ~~, '"'}- ~..~. "::n (:;:<;n '6\ ;::.; ~- -'- ~ g, ~ <e r I {1' ~ - - .' - 8. The parties have lived separate and apart since September 23,2003. 9. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WE1GLE & ASSOCIATES, P.C. By: /1:./ ,(." -----/ Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney 1D # 49634 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, RC. ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: J~/;-2M5 (!Jl~k E, I~/ Christopher E. Tenney, Plaintiff I WEIGLE &. ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET -- SHIPPEN$BURG. PA17257-1397 p 0 ~ l'l- --- ~ ..t', () Crt c.", r tv 0 .,.:; --c::. ~ - ~ n -+- +- ---.L.. (') ~ ..........".,.;! d~\..;.~ -!~':. ,~ /-.- '.,. ~ ()),,';. -'" /~. ,;:.C) ~$i2, 'YC: ~ ~ ~ .,:. ~ ~ Q. ~-n Q f1"'f:: '2;r?> ~ ~.:?.? G, :D ,'J"'jj 4.1 C) () ~ A;:Kl 6 - .~ .. 'V (.;; ~~:i CI' . >l I - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER E. TENNEY, : CIVIL ACTION -- L '\w Plaintiff : : v. : NO. 05-1530 CI IL : PATRICIA M. TENNEY, : Defendant : IN DIVORCE AFFlDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Patricia A. Frey, being duly sworn according to law, deposes !II d says that on April 2, 2005, a true and attested copy of Complaint in Divorce with Notice to Defend and Claim Rights was served upon the Defendant, Patricia M. Tenney. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt req ested, at Shippensburg, Pennsylvania, addressed as follows: Patricia M. Tenney 46 Oak Road Pine Grove, P A 17963 The return receipt signed by the Defendant is evidence of delive y to her and is attached hereto as "Exhibit A." ;l!~~ JJ )iJ'~L Patricia A. Frey '.J Sworn to and subscribed before me this 4th day of April, 2005. LR,i.~~flL I:. T o-(Y\.9. Notary Public NOWlW. SfAL I'Il\IIICIA L TOME ~ PubIC 'PPeNSIIlJIGBMCAJGH.o.MlEIUIDCQJNTY . "<< Comml$olOO ExplIeI Jun 7. 2008 I WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SH PPENSBURG. PA 17257-1397 --.-- " A IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVAN A CHRISTOPHER E. TENNEY, Plaintiff CIVIL ACTION -- LAW vi. NO. 05-1530 IVIL PATRICIA M. TENNEY, Defendant IN DIVORCE PROOF OF SERVICE U.S Postal SerVJce CERTIFIED MAil RECEIPT (Domestic Mall Only No Insurance Coverage PrOVided) :r ...ll ru r"l ~ ~CC\.. Postage $ :r q \..-\).J LI'l {::t Certified Fee rn Return Receipt Fee D (Endorsement Required) CJ CJ Restricted Delivery Fee (Endorsement Required) 3 '7 /~ . ;;(.3d~\ r-, J.... l(l Postmark . I D, '1 C Here , '\. (ft'>1 3 =0 \' " "'1 .-..J _ '_ 1.9 d, <'--'" D Total Postage & Fees $ '" U"I r"l CJ CJ CJ !'- 1. Article Addressed to; D. Is delivery a dress different from it 17 If YES, ente delivery address below: Pf\--\-~\t;i>t f'J\. 'f'Mt>( ~ to Oc..\e _0..:1 ~ 101 11 1'l'll<>3 1-\nl! GfbUf', r 'I 3. Service Typ }&Certified o Register o Insured o Express Mail JiCReturn Receipt for Merchandise DC.O.D. 4. Restricted livery? (Extra Fee) Yes 2. Article Number iT'ansfecfromseMcelabel) '1600-1-5"30-00C3-5 "\0 ... I:;) to ~ PS Form 3811 , August 2001 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHl PENSBURG, PA 17257-1397 '(Ii 'c~t 1;.<..' ,,-- c.~ 'j::;'c: 3 "., '$ - - q. ~--.., [\1; ""'l"'_"__ ~:::1 /-.. ~;~ --:, ~, ':....,- '.po ~:s: ;...0, 2- ,,~ -0(''("1 r;pC\ ~ <8- <'!O "'" \ Cf' .. 1"-' - CHRISTOPHER E. TENNEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05 - 1530 Civil Term PATRICIAM. TENNEY, Defendant : IN DIVORCE STIPULATION AND CUSTODY AGREEMENT t~ This Stipulation and Custody Agreement is made thisd~ day of <;;/~ ~d,r ,2006, by and between PATRICIA M. TENNEY (Hereinafter referred to as "Mother"), of Pine Grove, Schuylkill County, Pennsylvania, and CHRISTOPHER E. TENNEY, (Hereinafter referred to as '''Father''), of Shippensburg, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Jared C. Tenney, date of birth, September 4, 1994; David W. Tenney, date of birth, December 26, 1997; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. . NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Lee:al Custodv. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to each child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Father. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Mother shall have partial custody of the child as follows: A. ~other shall have a block of time with the children every weekend, beginning Friday after school and continuing through Sunday evenings. Mother may waive her weekend period with the children if they have activities for school, boy scouts, or other activities. B. Mother shall be entitled to an additional block of time with the children on any holiday falling on a Monday, including Martin Luther King Day, President's Day, Memorial Day, Labor Day, and the first day of hunting season. When Mother has custody of the children on a weekend, her period of custody shall extend from Sunday evening through Monday evening. The parties agree that the boys will be permitted to stay with the parent of their choice on the first day of hunting season, based on their hunting preferences. c. In even years, Mother will have the boys on the Fourth of July, Jared's Birthday, and Thanksgiving. In odd years, Father will have the boys on the Fourth of July, Jared's Birthday, and Thanksgiving. D. In even years, Father will have the boys on David's birthday, Christmas, New Year's Eve, and Easter. In odd years, Mother will have the boys on the Fourth of July, Jared's Birthday, and Thanksgiving. . E. The parties will share equal time with the boys during the summer and shall alternate two week periods. However, the parties will take into consideration the boys scouting or other activities when making the summer schedule. F. Mother shall have additional times with the child as the parties mutually agree. . G. Nothing in this agreement shall keep the parties from mutually agreeing to additional periods of custody for Mother or changing the custody schedule. H. Father will give Mother thirty (30) days written notice of his intent to move with the boys to any residence outside of the current school district. 4. Transportation and Exchanee. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). 5. Oneoing Relationship. Neither party sha.ll a.ttempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, . maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence. and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. . , 7. Welfare of the Child to be Considered. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. . Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Bindine Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Govern~ne Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Aereemedt. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: ~J~~ Witness 9~e~!2::s COMMONWEALTH OF PENNSYL VANIA ) ):ss ) COUNTY OF CUMBERLAND On this, the day of ,2006, before me, the undersigned officer, personally appeared PA TRICIA M. TENNEY known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL ... ~ ( Witness I!J~ (--r~ Christopher E. Tenney, Father . COMMONWEAL TH OF PENNSYL VANIA ) ):ss COUNTY OF CUMBERLAND ) . rL. I On this, the 1. q day of ~(' ~ ~ /' , 2006, before me, the undersigned officer, personally appeared CHRISTOPHER E. TENNEY known to me, (or satisfactorily proven) to he the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. _ .d '. 7J q.~~1 Notary Public My commission expires: SEAL I NOTARIAL SEAL R\CHARD L. WEBBER JR., NOTARY PU~~ SHIPPENSBURG BORa, CUMBERLAND C MY COMM\SSlON EXPIRES JULY 15,2010 n ~::" r--' c-;..;) (.-:~~ 0'.... o 4\ -,:.'" <:;:::) C"'. _4"j - f') -::J t:~? \".\.:) --- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER E. TENNEY, Plaintiff CIVIL ACTION - LAW NO.05-1530 CIVIL v PATRICIA M. TENNEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under 93301(c) of the Divorce Code was filed on March 22,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. .9 4904 relating to unsworn falsification to authorities. Dated: 0&+ S) ~d{ ~~~ Christopher E. Tenney, PlamtIff WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r_J c:-;; ,r-'. (:::7-J \..-.I r.:T' -n o C".) --' w C5 C \L) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHRISTOPHER E. TENNEY, Plaintiff CIVIL ACTION - LAW NO.05-1530 Civil v PATRICIA M. TENNEY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND ~ 3301(d) 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 in this 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. Dated: Oc",-t S) 2rtJ~ ~~--C~ Christopher E. Tenney, PlamtIff WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 o ~ r.......) CJ c.:> I' ~~~ c .c~.~,l -l w - 1;-:' c:::> CO , '" Page 10f8 . MARITAL AGREEMENT fL . THIS AGREEMENT, made this J- q day of ~P'i-i3.-,kv- ,2006, by and between CHRISTOPHER E. TENNEY, hereinafter referred to as "Husband", of 4599 McClays Mills Road, Shippensburg, Franklin County, Pennsylvania, and PATRICIA M. TENNEY, hereinafter referred to as "Wife", of 46 Oak Road, Pine Grove, Schuykill County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on December 17, 1993, in Chambersburg, Franklin County, Pennsylvania, with two (2) children having been born of the marriage; and 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 some of their respective financial and property rights and obligations as between each other including, without limitation by specification: the implementation of custody/visitation arrangements for the minor children of the parties; the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and lor maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and under takings 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: l. 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 exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, 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) of the Pennsylvania Divorce Code of 1980, as amended. 2. 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. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ... Page 2 of8 3. 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 but shall not merge therein. 4. DATE OF EXECUTION The "date of execution" or "execution date" of the 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. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband, by Richard L. Webber, Jr., Esquire, who is attorney for Husband, and to Wife by Jane Adams, Esquire, attorney for Wife Both parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further 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. 6. PERSONAL RIGHTS 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 fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carryon 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. 7. SEPARATION DATE The parties do hereby acknowledge that they separated on September 18, 2004. It is hereby agreed that September 18, 2004, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 3 of8 8. PERSON PROPERTY. FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS The parties agree that they have previously divided all personalty and cash and cash accounts. 9. AUTOMOBILE Husband shall transfer to Wife a 1987 Ford Taurus motor vehicle, in good mechanical condition, such that it will pass Pennsylvania inspection. Transfer fees and taxes relating to the transfer, auto insurance, and state inspection shall be paid by Wife. The said vehicle shall be transferred at the time that Husband's attorney receives Wife's signed Affidavit of Consent and Waiver of Notice as described in Paragraph 16 below. 10. WARRANTY AS TO EXISTING OBLIGATIONS The parties acknowledge that there were two credit cards, (1) GM and (2) MBNA. Wife's name has been removed from the GM card and account. The MBNA account has been paid in full. Each party has a student loan obligation. Each party shall be responsible for his or her respective student loan obligation. Wife shall be solely responsible for any medical bills incurred relating to her past, present and future medical treatment. Each party agrees to indemnify and hold the other party harmless from the liabilities assumed. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. 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 a liability whatsoever for which the estate of the other may be liable. 12. LEGAL FEES Each party shall pay their own legal fees associated with this Agreement, the divorce, and custody action. WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 4 of8 13. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns. 14. ALIMONY Husband shall pay Patricia $130.85 per week in alimony for a period of 18 months from the date of this Agreement or until wife has obtained employment with benefits, which ever occurs first. On a weekly basis, Wife shall provide to Husband a receipt of a monthly report from a Career Link office, or similar 'job hunting" agency showing monthly activity of Wife seeking employment on a weekly basis. Husband's obligation shall terminate in the event that this report shows no reasonable job seeking activity as stated or if Wife does not provide the report. 15. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever 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 or by way of dower, courtesy, or claims in the nature of dower or courtesy 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, 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 provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or 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 provision thereof. 16. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. Husband agrees to continue to pursue the present divorce action filed to No.05-1530-Civil, in the Court of Common Pleas of Cumberland County, Pennsylvania. Wife agrees to sign the necessary documents, including the Affidavit of Consent and Waiver of Notice, simultaneously herewith in order for Husband to obtain the divorce decree and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 5 of8 This Agreement is contingent upon the execution by both parties of the Affidavit of Consent and Waiver of Notice. 17. MUTUAL COOPERATION 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 future 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. 18. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 21. WAIVER OF OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 22. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 6 of8 23. 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. 24. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 26. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 27. WAIVER OR MODIFICATION TO BE IN WRITING 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. 23. ENTIRE AGREEMENT 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. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 7 of8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: ~ E.--C~ ~E. TENNEY PA RICIA M. TE/)!;[). ~ ~o)~ f WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 8 of8 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the ) t;t~ day of S':o h.... t6 r ,2006, before me a Notary Public, the undersigned officer, personally appeared CHRISTOPHER E. TENNEY, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. V /(~'-- ~ (SEAL) NOTARIAL SEAL RICHARD L. WEBBER JR., NOTARY PUBUC SHIPPENSBURG BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES JULY 15, 2010 COMMONWEALTH OF PENNSYLVANIA 6 c..t-t t..H{ I fI- I I COUNTY OF CUMBEltLAND SS On this, the ) ~ day of C9 c..AcJ b f' ~ , 2006, before me a Notary Public, the undersigned officer, personally appeared PATRICIA M. TENNEY, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ~ G\.JL~ ")v\ .Q}...0.A->o-EJ.Jl_A..J./Y'v'\... '-- (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Carole M. Gundrum, Notary Public Wayne Twp., SchUylkill County My Commission Expires Aug. 5, 2010 Member, Pennsylvania Association of Notaries WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 (") ...... \,.-.. ~ -c..iiii t1'~ r-;--1 ;:.:. :-':~~ -:~'7 r' ~) r~~ ~.- ;':"'". l:'-.~ ;;.;. ~ ~-,~l --~~ ~ '" <:::::::> = 0.... o CJ -t N C) o -n ~:n r -om ~16 ~-r.; ",' - " Qc'5 am ~ :0 -< ~... -..,-,:." o (..><) ol,.-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHRISTOPHER E. TENNEY, Plaintiff CIVIL ACTION - LAW v NO.05-1530 CIVIL PATRICIA M. TENNEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under ~3301(c) of the Divorce Code was filed on March 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: Io-IO-Q Q WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA 17257-1397 a c -... ....~ v"~ fIlm ~~; r~(;;' <. ~8 ~ "" <:::;:) = c:;r. o n --f N <::) ==- ::x (5 ..... o ""T1 ~::!J -otn ::U6 o -., ..J ;:1: =n ~JO Om ~ -< W N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHRISTOPHER E. TENNEY, Plaintiff CIVIL ACTION - LAW NO.05-1530 Civil v PATRICIAM. TENNEY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND ~ 330Hd) 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Dated: /0- {b "'Olo ~ WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 2 :1:1 :g: cnh'.' (f~~ -...,.... ~. {E < =< ,...." ~ <::> c-, -.. l'\) <:::> .b:. .':I:: 9 c.v N ~ ~:o ;~~ -7 -r' :.'5::D <:~ (:5 .. I ~ .:0 -< CHRISTOPHER E. TENNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA v CIVIL ACTION - LAW NO. 05-1530 PATRICIA M. TENNEY, 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. Grounds for divorce: irretrievable breakdown under ~ 3301(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: April 2, 2005, by mailing postage paid, certified mail, addressee only, and return receipt requested, mailed from Shippensburg, Pennsylvania. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Plaintiff, Christopher E. Tenney on October 5, 2006; by Defendant, Patricia M. Tenney, on October 10, 2006. 4. Related claims pending: None 5. Date Plaintiffs Waiver in ~ 3301(c) Divorce was filed with the prothonotary: October 13, 2006 Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: October 19, 2006 WEIGLE & ASSOCIATES, P.C. By' .~~ /{ "~ L Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, P A 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 () c:: ? ~-c' ri7 (nCr' .~5.~' r'"' ":,:::: ,;;-":::--: {~E:;' 2~~" <: ::< ~ ~ <:::> C"") -I l'\} C .':::- ~ - S? c.v CJ; ~ ~:o :g-fE r::} Q' :'r: :r! C)~ :2"\,.) (5rl1 -t .?ci ""'" '7 .I O~t 3 2006 CHRISTOPHER E. TENNEY, 'Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05 - 1530 Civil Term PATRICIA M. TENNEY, Defendant t : IN DIVORCE ORDER AND NOW, this 1..0Jc\ day of Ot.\C\\cA , 2006, having reviewed the attached agreement between the parties dated September 29,2006, it is hereby ORDERED and . DECREED as follows: 1. Christopher E. Tenney, and Patricia M. Tenney, shall share legal custody of their children, Jared C. Tenney and David W. Tenney. 2. Christopher E. Tenney shall have primary physical custody of the children and Patricia M. Tenney shall have liberal periods of partial custody with the children as defined in the parties' agreement. 3. The agreeI'I\ent executed by the parties on September 29,2006 shall be incorporated into this Order. -t~ J. cc: ~chard M. Webber, Jr., Esquire ~ne Adams, Esquire, for Mother ~ A I br,fj;, , 1-<1Vf),;.: P;'J t/ ("j C~ I "'....1..... V1...II/I f '::; , .~ , /. N V1Srcr I C 'II Iii' }:''1111/o ~ 0,: 1(2 ~qvo~ -) V.9Qt7? ..:fQk,/~; ~/ -,7/ V.:i(tiiJ ~O If. If. If. Of. If. If. If.lf. If.lf.~ If. If. If. If.lf.~lf.lf.~ ~ If. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF CHRISTOPHER E. TENNEY. No. 0'5-1'510 Plaintiff VERSUS PATRICIA M. TENNEY, npfpnil.::mt DECREE IN DIVORCE 15' o c... \0 'o~( tOO (0 , IT IS ORDERED AND AND NOW, DECREED THAT CHRISTOPHER E. TENNEY , PLAI NTI FF, AND PATRICIA M. TENNEY , DEFEN DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; If. ;Ii ;Ii ;+; ;Ii ;Ii ;t; If. ;Ii ;+; ;+; ;+; The attached Marital Agreement between the parties dated September 29. 2006 shall be incorporated but not merged into this Decree in Divorce pursuant to Paragraph said Agreement. By THE COURT: ,'t . ATTEST: PROTHONOTARY ;+; ;+;;+; ;t;;+;;+; ;+;;+;;+;If. If. ;+;;+;;+;;f. ;+;;+;;+;;+;;f.;+;;f.;+;;f.lf.;f. ;+;If. ;f. ;!' ~ ;f. ;t; ;f. ~ ~ ;f. ;+; ;t; ;t; ;!' ~ ;+; ;!' ;!' '" ;!' J. '" ;f.~ ~p ~ ~ ~J.< 1?7. ~ (J/ ~ P ~ ~ ~ --/YJ 7(7' ??:-~I ...... '" .. . . It- ... ~ - ~ '~.-