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HomeMy WebLinkAbout00-05484 - . , , ::.~30::~~: :i~::.::~::, '::~::.::~~:: ):c~::~C{::,~~::{X.::(:::~::+::~;:: ::~~:co:::):::+::~~:).::~;:: )::+::(.~:.;::C'.;:' ';~:.::("~~::+::~::':::~::+::~;.: '::(+::{:':~::+::( ::~::.::.;:: :::~::C.;:::.~;:-::;~::C.~X.:::.~:.+::~~::~~::C~~~,~::.::!;;:.:;~::+::~~::~~::<:~~::.::{;.~.>~~~~"1 ~ ---- - 8. y A ~~~ ~ ," k'~ ~ ~ ~..s ~ ~.~ ~ ~ N ~ ~.~ ~ ",.", W ~.~ ~.~ ~ ~ )1'." ~.~ ~ ~ ~ ~.~ ~ ~.~ -.!t ~ ~.~ ~ ~.~ ~'S ~ ;..; ~l . ~.~ ~~; ,-.s I ~'s ~ ~."; ~.~ ~ I ~. ~ ts ~ ;..~ ~ ~.~ e ;..~ ~ . IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND STATE OF PENNA. ]) I 1\l'l];;.. I,......!fflI'l' GQ~Il I. u................ I II II No.0.Q.-::.5.48.4..... C.I.Y.IL... Plaintiff Versus LENNIE R. WHITCOMB, Defendant DECREE IN DIVORCE AND NOW, ... .Ar-r.d. .\. 'J............., ~.. .200). it is ordered and decreed that .......... ?I.~~~..~ ~ . ~!l:~~~~!'1:~.. .. .. .. .. .. .. .. ", plaintiff, and. .. . . .. .. . . . . . . .. .. .lt~~N::q:. ~.'. .\y~;r.'l'qQ~)3. . . . . . . . . . .. . . . " 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; SEPARATION AND PROPERTY SETTLEMENT AGREEMENT INCORPORATED, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BUT NOT MERGED. ;..~ ~ ~.~ ~ ~.~ ~ >Ii ~ i ~1 i . J a I X":(':.}" '::~.}.:: "';.:+::.-.: .:'~<< ~'., ",~-~ ~ ~ i~::.X :::-::.::< ::~::.::"_.>::.::<::;~::.;<>::.;.'. ,...::.;..; ::-.::+::0:.:::'.::.::'-.: :,.::+;.;' B Y..TCd!~ .tt 1\ o.e:.../f ,. ..m.... AUestU ~ ,---t) J. .... .y,~.. . ~ .- - Prothonotary -m ~ '^." ~ ~.~ ~.~ ~ i i ~.1 ~..~ ~ ~.s ~ I ~ ~.~ . ~~i ~ ~ ~ ~ ~.~ ~.~ ~ ~ ;'.s ~ I !l'.~ ,'t ~ a ~.~ ~ ~.~ t'i ~ ~.1 i ~.~ ~ '",,' ~ ~.~ ~.~ ~ ~ ,N ~ ~ ~.~ ~ ~.~ ~ '... ~ ~.~ ';., ~ ~ ~.~ ~ '.' ~ '.' ~ ~." ~ '.. i,,,,,..,.,,, ",,' "'0"' 'd Ii ; ..'"" -J,' -. ,_,~ '. __ _,". '.,1 . , ,~~", ~~~.~- .i/o/f,cl '1'1f .()/ ",. . ";,.'" "."" " ~" , ".."","" '. , ~'"' , " , w.c~~ ~~~~_ ~~~~*~~ . ~ DIANE L. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5484 CIVIL TERM LENNIE R. WHITCOMB, Defendant CIVIL ACTION - LAW IN DIVORCE ffP~and~~ ffPettkm&ntcA~ THIS AGREEMENT, made this nJ13 day of 1J1~ , 2001, by and between LENNIE R. WHITCOMB, hereinafter referred to as "Husband", and DIANE L. WHITCOMB, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on October 8, 1994; and WHEREAS, differences have arisen between Husband and Wife, as a result of which it is the desire of the parties after long and careful consideration, amicably to adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all clams for maintenance, support, almony, equitable distribution, counsel fees, and costs; and WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement to 1 :': - ,.~, "-~ . . writing; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby promises, covenants, and agrees as follows: 1. PARTIES TO LIVE SEPARATE AND APART The parties mutually agree to live separate and apart. Neither party will molest the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other. 2. PERSONAL PROPERTY Husband and Wife have divided all personal property, which would constitute marital property. Wife agrees that any property in the possession and control of Husband at the tinle of the sale of the home shall be the sole and separate property of Husband. Husband agrees that all property in the possession and control of Wife at the time of the sale of the home hereof shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever dainls, if any, he or she may have to the sole and separate property of the other. 2 ,[ ,,^ ~'. 3. MARITAL DEBTS Husband and Wife each covenant, represent, and agree that each other will now and at all tinles hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise specifically provided for the by the terms of this Agreement. Husband acknowledges that he is the sole owner of a debt with an outstanding loan balance of $26,620.00 currently held against his 40lk with Vanguard Investment Group. Husband indemnifies and holds harmless the Wife from any responsibility to pay this debt. Furthermore, Husband acknowledges that he is responsible for an unsecured debt cosigned with Husband's father and hereby indemnifies and holds harmless the Wife from any obligations to pay that debt. 4. REAL PROPERTY Husband and Wife acknowledge they are Fee Sinlple owners of the marital home located at 263 Carol Street, New Cumberland, Cumberland County, Pennsylvania, which constitutes marital property. Husband waives any interest in the marital home. In consideration of Husband's waiver of any interest in the marital property Wife will accept full responsibility of real estate taxes, school taxes and all other taxes due as a result of 3 . ~ , , ownership of the marital home. s. ALIMONY AND SUPPORT FOR SELF Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property is fair, adequate and satisfactory to them and is 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 Wife in any such future action. 6. W4IVER OF INTEREST IN RETIREMENT Husband and Wife acknowledges that each of them maintain separate deferred compensation in the form of 401k pretax dollars and Thrift Savings Plan as a result of their various employments. Both parties acknowledge that they each waive any interest in the marital portion of the respective retirement funds. 4 /-~, ,-, """ ,~- -'7 - . ," t'- 7. LEGAL REPRESENTATION Husband and Wife declare that each has had a full and fair opportunity to obtain and consult with legal counsel of his/her selection and that the parties, cognizant of their legal rights, declare and express that: A) Austin F. Grogan, Esquire, represents Diane L. Whitcomb; and B) Richard Friedman, Esquire, represents Lennie R. Whitcomb. 8. MUTUAL DISCHARGE Wife relinquishes her inchoate intestate right in the estate of Husband, and Husband relinquishes his inchoate intestate right in the estate of Wife, and each of the parties hereto for himself or herself, his or her heirs, executors, administrators or assigns does remise, release, quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or inequity of whatsoever kind or nature for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement. 5 '.:<I!1_ .. , ,,' " 9. No-FAULT DIVORCE An action for Divorce has been instituted by the Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 00-5484 Civil Term alleging that the marriage is irretrievably broken and requesting a no-fault divorce under Section 3301(c) of the Divorce Code. It is hereby agreed that the marriage is irretrievably broken and that coincident to the signing of this Agreement, both parties will execute affidavits of consent to the entry of a Decree in Divorce under Section 3301(c) of the Divorce Code. 10. EXECUTION AND DELIVERY OF DOCUMENTS The parties hereto agree to execute and deliver all papers needed to effectuate the terms and intentions of this Agreement. 11. BREACHING PARTY PAYS COSTS If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, either to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 6 - - ' ~ 12. GENERAL PROVISIONS This Agreement encompasses all agreements between the parties concerning the matters set forth herein and may not be altered or omitted except in writing executed by the parties; the waiver of any term, condition or provision of this Agreement shall in no way be deemed a waiver of any other term, conditions or provisions of this Agreement. If any term, condition or provision of this Agreement shall be determined to be void or invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force. It is agreed by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated, by reference, into any divorce, judgment, or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. This Agreement is executed in triplicate, and Husband and Wife, as parties hereto, 7 -, '. acknowledge the receipt of a duly executed copy hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date fIrst above written. WITNESS: ~f~ DIANE L. WHITCOMB, Plaintiff 8 "'-"\j ~ "' ~p '. COMMONWEALTH OF PENNSYLVANIA COUNTY OF €UMQBnLANI> b~h\ If SS On this, the 1q.ti; day of 01t a.A-t JA, ,2001, before me, the undersigned officer, personally appeared LENNIE R. WIDTCOMB, known to me (or satisfactorily proven) to be the person whose nanle 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 notaries seal. ~~'4~ NOTARY PUBLIC \--.~B-A'R-Ar~)PAl.~iiE~,'N~iarY Public LBAR . 0 phin Couniy , HaniSbur, g, ~ au es May 17,2001 My CommisSIon cXP" ---~ ~~-~ j"- .._-,~-~ ~~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the t:lttlvday of ~ ,2001, before me, the undersigned officer, personally appeared DIANE L. WHITCOMB, known to me (or satisfactorily proven) to be the person whose nanle 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 notaries seal. Notarial Seal Rhonda D. Rudy, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 12, 2002 Member, Pennsylvania Association of Notaries ""i',"'f~'.~_ " ~ DIANE L. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5484 CML TERM LENNIE R. WHITCOMB, Defendant CIVIL ACTION - LAW 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) of the Divorce Code. 2. Date and manner of service of the complaint: By Acceptance of Service on August 9,2000. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Plaintiff on March 28,2001; by Defendant March 19, 2001. 4. Related c1ainls pending: NONE 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: March 30,2001. Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: March 29,2001. Austin F. Grogan, squire Attorney for Plaintiff 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Id # 59020 Date: L/ /z-/ Ofl '~-<."" c',- ,,~.. ,~, .-, ~Ar AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the Praecipe to Transmit the Record in the above-captioned matter to : Richard Friedman, Esq. 600 North Second Street Fifth Floor P. O. Box 984 Harrisburg, PA 17108 which satisfied the requirements of service by mail pursuant to Pa. R.C.P. 403. I understand that false statements are made herein are made subject to the penalties of Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: I.t/t../al Austin F. Grog , Attorney for Plain . 24 North 3200 Street Camp Hill, PA 17011 (717) 737-1956 ID #59020 ,''4~~~ '. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. rJ1J. S'If'l ~ t..u- DIANE L. WHITCOMB, Plaintiff LENNIE R. WHITCOMB, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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 inlportant to you, including custody or visitation of your children. When the ground for 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 LffiERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 !".,'?J1ll1L),; " ~ - ,7~' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. IJ1J-S'IiY ~ I~ DIANE L. WHITCOMB, Plaintiff LENNIE R. WHITCOMB. Defendant CML ACTION - LAW IN DIVORCE COMPLAINT 1. The Plaintiff is DIANE L. WHITCOMB, Social Security number 193-50-9755, who currently resides at 263 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is LENNIE R. WHITCOMB, Social Security number 186-54- 6495, who currently resides at 263 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months in1mediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 8, 1994 in Dauphin, Pennsylvania COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code. Sections 3301(c) in that: a) The marriage is irretrievably broken. 8, The Plaintiff has been advised that connseling is available and that Plaintiff may ;'\;',i'll.~l_ '-'" . have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from October 8, 1994 until present, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the fIling of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property . Respectfully submitted, Date 8' h I cru ~~ Austin F. Grogan, . qu 24 North 32nd Stree Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 r'S c;;_,~ --, . ." ~.... VERIFICATION I, DIANE L. WHITCOMB, verify that the statements made in the foregoing Complaint are true and correct to the best of my 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. Date ~ '11 eO N 'htlftl VJMun2s . DIANE L. WHITCOMB :--4Bl:l)Rl\J' ~-, -- DIANE L. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.CO-SL/iN &u-J.,~ LENNIE R. WHITCOMB, Defendant CML ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, LENNIE R. WHITCOMB, Defendant in the above-captioned action in Divorce, hereby acknowledge that I have in fact received a copy of the Complaint for Divorce in this matter on August 9, 2000 at 9:30AM. 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 S (9/Zroo I / NNIE R. WHITCOMB, DEFEND. ) -;'l$l\_~ - "~ - . ""jT~ I", , DIANE L. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5484 CIVIL TERM LENNIE R. WHITCOMB, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 8,2000. 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. Date 3/~~/CJ/ ~l)l~ tk~H~)r DIANE L. WH TCOMB . , ... DIANE L. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5484 CIVIL TERM LENNIE R. WHITCOMB, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 underst!\Ild that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 3IL~/OI ~ U.MutiX~ DIANE L. WHITCOMB '~~i;<;1>m" ,_ ~_ DIANE L. WIDTCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5484 CML TERM LENNIE R. WHITCOMB, Defendant CML ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on August 8,2000. 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. Date fJ3 h0 )20() I I I ~QUJO~ NIE R. WHITCOMB ."" II ". ,j . . DIANE L. WHITCOMB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5484 CIVIL TERM LENNIE R. WHITCOMB, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alinlOny, division of property, lawyer's fees or expenses if! 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 ftled 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. Date: 03 Jig }WO \ I , ~dl~ ~,ue43 NNIE R. TCOMB , .;-!jj.~. -".-..'- -". Y-., ""'