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HomeMy WebLinkAbout06-6175STEPHANIE E. GINANNI, Plaintiff V. LESTER W. GINANNI, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CI NO. VIL ACTION -LAW Cut, IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of 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 Prothonotary's Office, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 STEPHANIE E. GINANNI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CI NO. VIL ACTION -LAW 6L)?L LESTER W. GINANNI, JR., Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, STEPHANIE E. GINANNI, by and through her attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, LESTER W. GINANNI, JR., upon the grounds hereinafter set forth: 1. Plaintiff is STEPHANIE E. GINANNI, an adult individual, residing at 1102-9 Market Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is LESTER W. GINANNI, JR., an adult individual, residing at 823 Fishing Creek Road, New Cumberland, York County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 1, 1999 in Dillsburg, York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, STEPHANIE E. GINANNI, respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. Respectfully submitted, DATED: Robert B. Lieberman, Esquire 500 N. Third Street, 12th Floor P.O. 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal knowledge, information and belief. 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: 3 o ")C' 6 AA *tephE. Ginanni, Plaintiff ? t y ^J I Crl G'* t t? -n -^C .F6 14 STEPHANIE E. GINANNI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 06-6175 CIVIL TERM LESTER W. GINANNI, JR., Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. Personally appeared before me, a Notary Public in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: I . That on October 23, 2006, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on October 31, 2006, I forward by certified mail, return receipt requested, a certified copy of the Complaint in Divorce to Defendant, LESTER W. GINANNI, JR., 823 Fishing Creek Road, New Cumberland, Cumberland County, Pennsylvania. 3. That the aforesaid copy of the Complaint in Divorce sent to Defendant, LESTER W. GINANNI, JR., was delivered on November 1, 2006, as evidenced by the return receipt card signed by Defendant and attached hereto. 4. That to the best of my information and belief, the signature on the return receipt Robert B. Lieberman, Esquire Attorney for Plaintiff card is, in fact, the signature of Defendant, LESTER W. GINANNI, JR. SWORN to and subscribed before me this c VJII day of November, 2006. ary Public My Commission Expires: CO-LOAONVNALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL L FERGUSON, Notary Pubk City of Harrisburg, Dauphin County My Commission Fires April 6, 2008 CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Prc ru C 3 r9 Postage $ z Ln O Certified Fee O C3 Return Receipt Fee 85 Postmark Here (Endorsement Required) C Restricted Delivery Fee O q (Endorsement Required) , ( J C3 Total Fostaee & Fees ?/ Q .0 0 0 it or PO Box No. 17017 D U`?I _ EJ(v • 06ftietei t, 2, and 3. Also complete A ?Ign IMm 4 if Restricted Delivery is desired. ( ¦ Print your name and address on the reverse p so that we can return the card to you. by ted C. e of ¦ Athch this card to the back of the mailplece, or on the front if space permits. 1. Mole Addressed to: D. Is delivery dltfersnt from Item 1? ? yes ff YES, enter address below: ? No Lester W. Ginanni, Jr. 823 Fishing Creek Road New Cumberland, PA 17070 3. Service Type AMOMe"IM O Express Matt 0 Registered ? Return Receipt for MarohirWlss ? Insured Mail O C.O.D. 4. Restricted DeN#W Pft Fee) 2. AtWe Number rn?W ftm? sa-Vios 7006 0100 0005 1042 8150 Ps Form 3811, February 2oo4 Domestic PAlurn Rsaipt 102506.02- IS W C"? r-.> ?-:? L.> - - --i ? it??T t -'-i;± - T -? '?? ? ? ?,> C7 '-' - ? .. "' s n ?' t. a ?.+ 7 STEPHANIE E. GINANNI, Plaintiff vs. LESTER W. GINANNI, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 06-6175 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on October 23, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. f Date: / Lest r W. Ginanni, Jr. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Lester W. Ginanni, Jr. C? ? F? ` . V ' ?1{"? ,? f"? ? t ? ?" ;',i ?-,3 ? fin _ 'r'"1, } ? `? .?` ? l?/ .??. ?,.,. „?!.. "? STEPHANIE E. GINANNI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-6175 CIVIL TERM LESTER W. GINANNI, JR., Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 23, 2006. 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. - Date STE IE E. GINA , Plaintiff r-? { _. r Q k .. ..rw w* STEPHANIE E. GINANNI, Plaintiff VS. LESTER W. GINANNI, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6175 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3341(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in 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. c1 Dated: - G f IE E. GINANNI, Plaintiff _ v r 7i r camll 77 cry t 1)10-6175- SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of a -- i -, 2007, by and between Lester W. Ginanni, Jr., hereinafter referred to as "Husband", and Stephanie E. Ginanni, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 1, 1999; and WHEREAS, two children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated, and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, John W. Purcell, Jr. and Wife by her attorney, Robert B. Lieberman, have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: Separation and Property Settlement Agreement - Lester W. Ginanni, Jr. And Stephanie E. Ginanni Page 2 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: None In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. Husband specifically agrees that he will be responsible for any debts associated with his business, regardless of when they occurred, and to indemnify, defend and hold wife harmless for the same. Separation and Property Settlement Agreement - Lester W. Ginanni, Jr. And Stephanie E. Ginanni Page 3 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3501 et. seq. of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the . marriage for Husband and marriage for Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of same being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, Separation and Property Settlement Agreement - Lester W. Ginanni Jr. And Stephanie E. Ginanni Page 4 the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. Wife hereby transfers to Husband all of her interest in any marital interest to the real estate located at 823 Fishing Creek Road, New Cumberland, Pennsylvania 17020 in exchange for which Husband hereby agrees to be solely responsible for the mortgage obligation, payment of all current and future taxes, and insurance and utility bills relative to said real estate. Wife hereby waives all interest she may have in such real estate. C. Cash Distribution In consideration for the transfer and relinquishment of all marital claims, or any claims arising out of the Prenuptial Agreement dated April 30, 1999, Husband shall pay to Wife the sum of $15,000.00, within 30 days of this agreement. 7. Vehicles. Notwithstanding Paragraph 6 of this Agreement, Husband shall retain possession and ownership of all vehicles presently in his possession. Wife hereby transfers Separation and Property Settlement Agreement - Lester W. Ginanni, Jr. And Stephanie E. Ginanni Page 5 all of her right, title and interest in said vehicle(s) to Husband. In consideration thereof, Husband shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle(s), and to indemnify, defend and hold Wife harmless for the same. Wife hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and ownership of all vehicles presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle(s) to Wife. In consideration thereof, Wife shall assume full responsibility for the payment and eventual satisfaction of any and all liens presently encumbering the vehicle(s), and to indemnify, defend and hold Husband harmless for the same. Husband hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle(s) at any time, upon demand, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 8. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action. 9. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any Separation and Property Settlement Agreement - Lester W. Ginanni, Jr. And Stephanie E. Ginanni Page 6 proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 10. Divorce. A Complaint in Divorce has been filed to No. 06-6175 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an Affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a Consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 11. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under §3301(c) or §3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final Decree. 12. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either ofthe parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as Separation and Property Settlement Agreement - Lester W. Ginanni, Jr. And Stephanie E. Ginanni Page 7 amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to §3302 of the Divorce Code. 13. Waivers of Claims Against Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 15. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 16. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement Separation and Property Settlement Agreement - Lester W. Ginanni, Jr. And Stephanie E. Ginanni Page 8 is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 19. Entire Agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a Court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. Separation and Property Settlement Agreement - Lester W. Ginanni, Jr. And Stephanie E. Ginanni Page 9 21. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the Courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the Court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 22. 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, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 23. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 25. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Separation and Property Settlement Agreement - Lester W. Ginanni, Jr. And Stephanie E. Ginanni Page 10 WITNESS:` ?? CD -?, y ._ fi;- r .._J STEPHANIE E. GINANNI, Plaintiff V. LESTER W. GINANNI, JR., Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6175 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) 3901 (d) (1) efthe Diver-ee Code (Strike out inapplicable section) 2. Date and manner of Complaint: Certified mail delivered on November 1, 2006, as evidenced by an Affidavit of Service filed in the Prothonotarv's Office of Cumberland County on November 3, 2006. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: by plaintiff October 9, 2007; by defendant October 11, 2007. b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: b. Date plaintiff's Waiver of Notice in 3301 (c) was filed with the Prothonotary: November 6, 2007 Date defendant's Waver of Notice in 3301 (c) was filed with the Prothonotary: November 6, 2007 Robert B. Lieberman, Esquire Attorney for Plaintiff C Q ? ca -rf ter„++ , . r. - ? rrE Fq, ; t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STEPHANIE E. GINANNI, = Plaintiff No. VERSUS LESTER W. GINANNI, JR., Defendant DECREE IN DIVORCE 06-6175 AND NOW, IVOi/`?r»?u Z 7 ` , "0-7, IT IS ORDERED AND STEPHANIE E. GINANNI DECREED THAT LESTER W. GINANNI, JR. AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated October 4, 2007, are incorporated, but not merged, into this Decree in Divorce. BY THE C URT: ATTES J. PROTHONOTARY l?