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HomeMy WebLinkAbout00-01289 ~. I . . . .. . . . :t::ti "':Ii'" '" "';Ii'" . ;t; "";Ii"';";Ii'" . , . IN THE COURT OF COMMON PLEAS . . . . . " . OF CUMBERLAND COUNTY STATE OF PENNA, . . . . 'T'F.RF.~n ~n. TT. WHT'T'F.HTT'R~rp f . . . No. 7000 17Rq CTVTL 'T'F.1?M Pl;:dnt.iFF . . . VERSUS . RICARDO A WHITEHUR~T, . . Defendant . DECREE IN DIVORCE AND NOW, .r,..;-~ I f , IT IS ORDERED AND ,~ . . TERESA GAIL WHITEHURST DECREED THAT , PLAINTIFF, . AND RICARDO A. WHITEHURST , DEFENDANT, 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; NONE. . The provisions of the parties' Marital Settlement March 10, 2000, are incorporated into this decree shall not be deemed merged. Aqreement. date in divorce, but . . ,-:~ I :~'~ ,-;::~ I .-~- ;,;..-;- ,,-, r ':--:.. ~ -'-~,.:l g ~, "..; . /-.;. /~~.' ,: w . J. . . . . . . .. . ~ ': ~:w,,.. '''' '. ~~; . '" . . . . ooo.oo.ooooo.o~oooooooo . . . . ,_ }o, Of. "'~T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III ,"H. '" ~",. .. " ~\"/ " --.. --""Iii1l' 9'k/00 Cvd- ~p1-\~t{~ r*,Al~1 KCIf~CJW~k,' ,uo)''C-~a..L-teL~o iAPJ...( ~,,~ ;" . . ." .., "..,,.,'....,,0/.. ' , , ~lO!' -",'-' ~~, - .~""'~~ ",,,'. '1,-_ " " .' , , AGREEMENT BETWEEN TERESA G. WHITEHURST AND RICARDO A. WHITEHURST Cara A Boyanowski, Esquire Counsel for Wife Kathy M. Shughart, Esquire Counsel for Husband :""~I ,,-,~ '- ",,' -;~,':: , " i: I I: I, , I' .. ji, .. I , TABLE OF CONTENTS SECTION I: Introduction SECTION II: General Provisions SECTION ill: Alimony and Income Tax Provisions SECTION IV: Property Distribution Provisions SECTION V: Closing Provisions and Execution " '. , 3 .4 10 11 16 . ":~J, '._ ,- ; - ~ " ';"1-", ., " . SECTION I INTRODUCTION THIS AGREEMENT made this 1Qlli day of -U0J\c.ll ' 2000, by and between TERESA G. WHITEHURST ("Wtfe") and RICARDO A. WHITEHURST ("Husband"). WITNESSETH: WHEREAS, Teresa G. Whitehurst was born on March 20, 1957, and currently resides at 1833 Crowne Park Drive, Wmston Salem, North Carolina 27106. WHEREAS, Ricardo A. Whitehurst was born on September 9,1957, and currently resides at 48 Logans Run, Enola, Pennsylvania 17025. WHEREAS, the parties hereto are Husband and Wife, having been married on July 20, 1998, in Las Vegas, Clark County, Nevada. 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 for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance ofW1fe by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: y, ,,,__ '0 -,-,~__ - ""["- ',I :,':':'1 """-,-,',, . .' . SECTION n GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. 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, 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party, This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 . . . ',. ',,'" .' L" '-j[,:'; ;:~< . <' " , 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Kathy M, Shughart, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, 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. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnifY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally detennined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by 5 any means whatsoever with him or her, 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as persona! representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C, Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an 6 , .,- ""I..' " absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period offour (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referredl to in this Agreement, 7 -'-;-".!, ,- ~,,':r'~- ;,;,-..,,' 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and aSSigns, 15. INTEGRATION This Agreement constitutes the entire understanding ofthe 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. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 8 -" ' L_ -'" ,~<",,-~,", , "",~, ! '. ~ r 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Ricardo A. Whitehurst, 48 Logans Run, Enola, Pennsylvania 17025, or counsel for Ricardo A. Whitehurst, or such other address as Husband from time to time may designate in writing, Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to TeresaG. Whitehurst, 1833 CrowneParkDrive, Wmston Salem, North Carolina 27106, or counsel for Teresa G. Whitehurst, or such other address as Wife from time to time may designate in writing, 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subp!lfagraphs 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, 9 -, .~--'". <- "' I "--': SECTION ill ALIMONY, ALIMONY PENDENTE LITE, AND INCOME TAX PROVISIONS 1. ALIMONY The 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, alimony pendente lite or alimony, Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony, 2. TAXES The parties agree, as a condition of this settlement, to allow for the 1999 tax filing to be made so as to achieve the most advantageous tax treatment for both parties. Toward this end, they stipulate that they will file a joint federal income tax return for the tax year 1999, only if the joint federal income tax return will be in best interest of both parties, This detennination will be made by both parties, after receipt of all necessary documentation needed to compute tax liability both jointly and singly. Both parties agree to fully cooperate in the exchange of information for this purpose. In the event there is a tax refund, Wife shall receive 50% and Husband shall receive 50% of this refund. If it is deemed by the parties that the filing of a joint 1999 federal income tax return is not advantageous, the parties agree to file separate returns. 10 ^^i ",^,'> :J - "I ' -~ -c SECTION ill PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Furthermore, Wife agrees that all property in the possession of Husband, shall be the sole and separate property of Husband; and Husband agrees that all property in the possession of Wife, shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to these items, which shall thereafter be the sole and exclusive property of the other. 2. RETIrnEMENTBENEmTS Husband and Wife are both owners of various retirement and pension plans. The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including her pension plan through Azdel, and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. The parties further agree that Husband shall retain sole ownership and poss.ession of all of his retirement benefits and plans, including his 401(k) plan through Rockwell Intemational and his retirement plan through AMP, Inc. (now known as TYCO International), and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets, 3. BANK ACCOUNTSIIRA's/ANNUITIESI AND INVESTMENTS A. Wife's PropertY. The parties agree that Wife shall be the sole owner of the following accounts and shall receive the proceeds from these accounts: (The balances listed are the estimated balances as of the date of this agreement.) L Savings Account No. 0260011806 $ 9,000.00 With regard to the above distribution, Husband hereby specifically releases and waives any 11 , ^J -' , ,-~' ,- ' -,- - - ,--- - -. ":1. .'-;'--'--i::';'.....- , I.. and all interest, claims or rights that he may have in the above account. B. Husband's ProDertv. The parties agree that Husband shall be the sole owner of the following accounts and shall receive the proceeds from these accounts: (The balances listed are the estimated balances as of the date of this agreement.) 1. Savings Account No. 0250024450 2, IRA Account No. 208001001 3. Checking Account No. 020007141 4. Janus Mutual Funds Account No, 5, Tutition Account Program $ 2,000.00 $ 12,000.00 $ $ $ The parties flgree that the Janus Mutual Funds Account and the Tuition Account Program (TAP) funds represent a trust fund for his ~;~dren from his first marriage, in compliance with a Marriage Settlement Agreement, dated \'1 \ I fS 1'1'13 and Wife hereby specifically releases and waives any and all interest, claims or rights tllat she may have in these accounts, . Wife further specifically releases and waives any and all interest, claims or rights that she may have in any other account, listed above. 4. AUTOMOBILESIMOTORCYCLE The parties acknowledge that various automobiles existed between the parties prior to marriage, including a 1998 Ford Explorer, a 1997 Honda Accord, and a Suzuki Motorcycle. Husband and Wife agree that the 1998 Ford Explorer and the Suzuki Motorcycle shall be the sole and separate property of Husband and Wife waives any right, title or interest she may have in these vehicles. Husband and Wife agree that the 1997 Honda Accord shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in this vehicle, Each party shall be responsible for any loans on his or her vehicle distributed under this Agreement. Each party agrees to indemnify and hold the other party hannless from any obligation relating to the vehicle in his/her possession. 5. CURRENT LIABILITIES Husband agrees to be solely responsible for satisfying all payments on the parties' joint VA Tech Visa credit card debt, the Premier Visa credit card debt, and the Fleet Mastercard credit card debt, By accepting sole responsibility of these debts, Husband shall keep Wife and her property, 12 , I: ,<," ""<'1'-'" I r. ^'i , , i i i I I successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expenses, including attorney's fees, which may be incurred in connection with the above listed liability. Wife agrees to be solely responsible for satisJYing all payments on the MNBA Visa credit card debt. By accepting sole responsibility of this debt, Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expenses, including attorney's fees, which may be incurred in connection with the above listed liability. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability, From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 6. HEALTH INSURANCE Husband shall provide health and dental insurance for Wife and Wife's daughter, at the present levels and providing substantially the same benefits as are now in effect, for a period not to exceed one (1) year from the date of the execution of this agreement, or until such coverage is available to Wife and her daughter through Wife's employer, whichever event occurs first. 7. LIFE INSURANCE/DEATH BENEFITS Husband agrees to maintain a policy of term life insurance, with a death benefit of at least ($ ~ loll ,000 . '<2. ) Dollars, on himself, until such time as the parties' joint mortgage on the marital residence is satisfied, These benefits shall name Wife as its beneficiary, After the joint mortgage obligation is satisfied, this provisions shall cease. It is understood by Husband that he does not have the right to surrender, encumber, or place a lien upon the corpus of this death benefit, until such time as the joint mortgage obligation is satisfied. It is understood by Wife that the proceeds from this policy shall be used solely to satisfY any outstanding balance on the joint mortgage, secured by the marital residence. Wife further agrees that any monies remaining after satisfaction of the mortgage, shall be paid to Husband's estate. 13 , 8. AFTER.ACOUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 9. TRANSFER OF REAL ESTATE A Marital Residence - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 48 Logan's Run, Enola, Cumberland County, Pennsylvania 17025 (hereinafter referred to as "Marital Residence"), The parties agree as follows with respect to the Marital Residence: (l) Wife agrees to remove herself and her personal belongings from the marital residence on or before April 1, 2000. (2) Simultaneous with the signing of this document, the marital residence shall become the sole and exclusive property of Husband. (3) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. (4) The parties agree within thirty (30) days ofthe execution date of this Agreement, the marital residence shall be listed for sale and the proceeds of the sale shall be divided in the following fashion: 1. Satisfy all remaining liens against the real property, including but not limited to, the mortgage and home equity loans; 2, Satisfy all closing costs and necessary expenses incurred 14 ~ t~ ".'''1,' -'--;,;, ~.. - .' l: , I ,. I I in the sale of the real property; 3. Pay the remaining net proceeds to the parties, with Husband receiving one-half of the remaining net proceeds after satisfaction of the above obligations, and Wife receiving one-half of the remaining net proceeds, after satisfaction of the above obligations. The parties agree that the price and terms of sale shall be the fair market value of the property. ij r" I B, 1/4 Acre Lot in Lake Lure. North Carolina- Wife agrees that the 1/4 acre lot in Lake Lure, North Carolina, is and shall remain the sole and separate property of Husband. Wife acknowledges that she has no legal or equitable interest in this property. 11. PAYMENT TO WIFE Based upon the above agreement by Wtfe to transfer all of her right, title and interest in the parties' Marital Residence, Husband agrees to pay to Wife Twelve Thousand ($12,000.00) Dollars, upon execution of this Agreement. (The rest of this page was intentionally left blank.) 15 , ~' '; '- 'I"""" --,- ] : '"" - u_ ~ ;"''1' '^" F' ,,' ./,,,'" , , ,-~ , , I I I SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Interim Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below, IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. ,j PJt1f)fL ~ . WkClt hi tNJt- TERESA G, WIllTEHURST J-3-'oO DATE ~ J. ;j S//[)!fJO DATE 16 " .:;~' _0 _ ,J ',' _'~; , 'CO,': ,,;;~__. " " _ __ '.' . ~'__:- _ '" ,-' ,c,:' J -. "iA-,',_ TERESA GAIL WIDTEHURsT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2000-1289 CIVIL TERM RICARDO A. WHITEHURST, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon counsel for Defendant by first class mail, postage prepaid, on March 28, 2000, 3, (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by Plaintiff: September 15, 2000; by Defendant: August 31, 2000. (b)( 1) Date of execution of the affidavit required by S33 0 1 (d) of the Divorce Code: Nt A:, (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: Nt A. "e - , ,\"'~;~I,,, . _' ,', ;~ Il 11 :i . 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: Nt A. (b) Date Plaintiff's Waiver of Notice in ~3301( c) Divorce was filed with the Prothonotary: September 18, 2000. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: September 7,2000. Respectfully submitted, DALEY LAW OFFICES Cara A. Boyanowski, quire Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff 1 TERESA GAIL WHITEHURST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. ; NO. clNHJ ~ ld-fl7 ~ RICARDO A. WIDTEHURST, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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 Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, 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 LA WYERAT ONCE. IF YOU DO NOT HA VEALAWYER 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 '" , ",', C,. "<'.- "", '.1'. "' J-~ :" ~:. _~,." '".; NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted, LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V AY A EN PERSONA 0 LLAME POR TELFQNO A LA OFICINA CUY A DIRECCION SE . ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~..~ ' : , ..,~ ,'~ ,'",' < '.'. """.. ,A"" ,',',- -:, "- .-1,.,<, :_.~:,_.-;"'.- .. ,. I , I ! .. TERESA GAIL WHITEHURST, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. d o--v-v ~ /;2 f'cr ~ ~, RICARDO A. WHITEHURST, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Teresa Gail Whitehurst, by her attorney, Cara A Boyanowski, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Teresa Gail Whitehurst, is an adult individual who resides at 1833 Crowne Park Drive, Winston Salem, North Carolina 27106, 2. The Defendant, Ricardo A Whitehurst, is an adult individual who resides at 48 Logans Run, Enola, Cumberland County, Pennsylvania, 17025, 3, The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint 4, The Plaintiff and Defendant were married on July 20, 1998, in Las Vegas, Clark County, Nevada. 5, The Plaintiff and Defendant are both citizens of the United States of America. 6, There have been no prior actions in divorce between the parties. "'1 ~'''''.; ".,,,,',,~, 0 ',,""'" _ _>__,,,'_'. ,- -" ,~, "' --' " _ - , '-t.' __~' i . : ';,;-,I'""i:-'i~ '; ,^- 'I: I' Iii " I" ri; i, 7. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies, 8, Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The causes of act ion and sections oIDivorce Code under which Plaintiff is proceeding ~ , ;' are: A. Section 3301(c), The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B, Section 3301 (d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on February 3, 2000. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. -, __'" . I ,-'" __ _ ',', - ~ '" - ,~: -,,"-' '1-' --"-.0"- " .~ : " I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S.A. 94904 relating to unsworn falsification to authorities, By: ,,)VU,DJL, G~L W~huMf- Teresa Gail Whitehurst, Plaintiff Date: ~-U-OO B- ara A. Boyanowski, Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 171 09 (717) 657-4795 Attorney for Plaintiff " ii! , ii' i:' " , i: ~ d IiI " I,. " ~ ' I,; " ( 1'; i: i -,: , " if i' Ii i. , cc L ~ ,--'~~''''^ ~'"",,;-,,'.,,"-^--' -' ,,"-,,-,,~- '" ~- :, ,}"",',- ' -." , ~ , "'. ~_;,- i I; .. --';-:.;i ,,_,~ ,"'. "j;,::l l, ~':' , 1 I' I": [.,: I, , ri 1':: fj TERESA GAIL WlllTEHURST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-1289 CIVIL TERM Ii , !: v. RICARDO A. WlllTEHURST, Defundant : IN DIVORCE ,~- " :, :, !:( ACCEPTANCE OF SERVICE I I, Kathy M. Shughart, Esquire, do hereby accept service of the true and correct copy of the , i' ; H f Complaint in Divorce on behalf of my client, Ricardo A. Whitehurst, the Defendant in the above case. Respectfully submitted, 31'l.CO}OO ~~W--- Attorney No. ~ 27 S. Arlene Street P.O. Box 6315 Harrisburg, PA 17112 (717) 540-8511 Attorney for Defendant ~_. -" ._~. .' - ,w'"~ ~,~" ~ ..^ ,_~ ,._ )~" OJ)" ",. ,'t"""c<<-, ,,^>__o '~.,o., "<~.,",'."_~ -'~' c " . ,J' ~w ~ "~"" 0 C') 0 c:: 0 -n ~ :21: ~ vCU l:-;'.~ 3J rn,p'i ;;;0 r--- Z:I;' U'l '-,~i"n "":",;--'["-- '7 CiJ:r:: Cl -;~ !)C) -'-"--,~ '-, ~~~~ '"Q ~~ ~. - :;;-'-",() ~C) /"-rn t.) 0 ,.J-.....c...: ., ;g z =<! :D OJ ---< "' ~ -' ,_<,."C,_ ";" ,,- , ~,'~ 0 I ,- _ " ',~__-' ""_ ~; ~ TERESA GAIL WHITEHURST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2000-1289 CIVIL TERM RICARDO A. WHITEHURST, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) ofthe Divorce Code was filed on March 7, 2000, 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.A. ~4904 relating to unsworn falsification to authorities. Date: 9=J5-CO By: "J1.}I~M./Ga;'L {j\)~IJJ\:Dt Teresa Gail Whitehurst, Plaintiff Social Security No. '1" "~" -'~' ",,:'-- ',.,-,~ ",,1<,. ~ t. TERESA GAIL WHITEHURST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2000-1289 CIVIL TERM RICARDO A. WHITEHURST, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(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 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 herein are made subject to the penalties of 18 Pa,C,S.A. ~4904 relating to unsworn falsification to authorities. Date: .9-15-ro By: T,tM.D(L; G(l~l- lJJhA~IAADt Teresa Gail Whitehurst, Plaintiff ,_ ' L... .'~' '-<, '-~-"",- "" .'" _ '1 ,'<"',--,,, -. --,. ~"-- , .' ;',;i" i - . TERESA GAIL WHITEHURST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2000-1289 CIVIL TERM RICARDO A. WHITEHURST, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on March 7, 2000. 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.A ~4904 relating to unsworn falsification to authorities. Date: '6'"-31 -00 BY:~€A- A A ~/:::ds:i--,. Ricar 0 A Whitehurst, Defendant Social Security No. cylt> - 50 -3'8"51$ .,'. ~H",' I,',.. _ '~ , co,- '_'r. ^ ',--..",,; '. ""', .'~" '" I . . . , ,', TERESA GAIL WHITEHURST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. NO. 2000-1289 CIVIL TERM RICARDO A. WHITEHURST, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 113301(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 ifI 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,A. S4904 relating to unsworn falsification to authorities. Date: <?-31~ By: ~ A uJ~1 Ricard A. Whitehurst, Defendant .. "'U'--~" '_ ,-, ; ",'- ., ,'--- ^,', ."'Co--;"" '-';'0, ,:,,-__;~' "'h' _,<",~-. "'.'"~''';-,,;I,< " . . TERESA GAlL WIDTEHURST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2000-1289 CIVIL TERM RICARDO A. WHITEHURST, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 28th day of March, 2000, she did serve upon Ricardo A. Whitehurst, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by first class mai~ addressed to his attorney of record, Kathy M. Shughart, Esquire, 27 S. Arlene Street, P,O. Box 6315, Harrisburg, Pennsylvania, 17112. A copy of the filed Acceptance of Service for said complaint is attached. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to and ubscribed before me this + .LL day of 2000 By. Cara A. Boyanowski, Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff \ NOTAAIAI.';~ -".~. PATRICIAA. PAlToN. NolaIY "'.::;:10 La LowarPalllllt'lWp., OlIIPh/ftcountY I 'Q:ur1lselan Expires June 20. 200;! ]i.<'".t,--~,'" i*f " . - - .If .' TERESA GAIL WIDTEHURST, Plaintiff ~O~<i, :oll1irlik:;" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN1A CIVIL ACTION - LAW v. NO. 2000-1289 CIVIL TERM RICARDO A. WIDTEHURST, Defendant IN DIVORCE ACCEPTANCE OF SERVICE 0 0 ~ c 0 u <- "n "Do.:: ::JI: :!;"" fl1rr. :::0 -n 2=r) "?"c [;..) '-'--111 tis ,,~> Q ";":;0 -<: ~~~- ':56 ~-::c ~ -iJ ,~:B .' c' ;;;; c-) ''''(") )>c w C5r'fl z co::! -, :0 "'< co -< I, Kathy M. Shughart, Esquire, do hereby accept service of the true and correct copy of the Complaint in Divorce on behalf of my client, Ricardo A. Whitehurst, the Defendant in the above case. Respectfully submitted, ,~~~~~ c. Ko<hy M S""""",, ~.."" . Attorney No. s:rJ:r:1 27 S. Arlene Street P.O. Box 6315 Harrisburg, PA 17112 (717) 540-8511 3}Z'B)oo Attorney for Defendant -,-,'l-, ,_0 "', ""1: . . TERESA GAIL WHITEHURST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2000-1289 CIVIL TERM RICARDO A. WHITEHURST, Defendant : IN DIVORCE ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff, Teresa Gail Whitehurst, in the above matter, having been granted a Final Decree in Divorce on the jQ Jh day of.3e.ptem beX'" , 2000, hereby elected to retake and hereafter use her previous name of Teresa Gail Anderson, and gives this written notice avowing her intention in accordance with the provision of 54 Pa.C.S.A. ~704(a). Date: 8~dl-c,o T lliN.uGriLtJ WW:t~ Teresa Gail Whitehurst TO BE KNOWN AS: TJA, M,V C 10 ~ t ()...IA ch\{M[l'\J Teresa Gail Anderson - " . <'-' "1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On the ,.;J (i SS. AFFIDAVIT day of _4\..\.~lh'Jt , 2000, before me, a Notary Public, personally appeared Teresa Gail Whitehurst, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~w1k(h ! - ~ ---OOi~;;"1J\:L.;.E.-\L. """ ". . PfA\:'l!CIAA. PATTOO. Nomry ?~~!!o LmretPaxlclllTwp., Dauphin County . ~'Commi;:~ion E;;pire$.June =:0. 200t \!