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CLARENCE E. WHITENIGHT,
Plnlnllff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 94.3771 CIVIL TERM
v.
ANNE H. WHITENIGHT,
Defendant
IN DIVORCE
HULE TO SHOW CAUSE
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AND NOW, THIS --LL- dny of August, 1994, n rule is hereby Issued on Defendant
to show cnuse why the Petition for Specinl Relief filed on behnlf of Plnlntlff should not be
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granted, Rule returnnble -'-l- days from dale of service.
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CLARENCE E. WHlTENIOIIT,
Plaintiff
IN THE COURT or COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
94-3771 CIVIL TERM
ANNE II. WHITENIGHT,
Defendant
IN DIVORCE
ORDER
AND NOW TBIS
day of August, 1994, Defendant, Anne H. Whitenight, Is
directed to comply with paragraph B (3) (a-h) of the agrccment signed by the parties on July
6, 1994 and the residence located at 19 Dirch Drive, Mechanicsburg, Pennsylvania shall be
immediately listed for sale with a rc.1ltor and both parties arc directed to fully cooperate with
the realtor in the listing. showing and eventual sale of this property. Defendant Is directed to
pay any counsel fees incurred by Plaintiff inlhe enforcement of the agreement referred to
above. Furthermore, Defendant Is directed 10 ensure that her daughter and three
grandchildren vacate the marital residence located at 19 Birch Drive. Mechanicsburg,
Pennsylvania, Plaintiff shall be responsible for no more than $66.00 for his share of the
electric, water and telephone expenses associated with the maintenance of the marital
residence unlll the marital residence is sold.
BY TIlE COURT
J.
CLARENCE E. WIUTUNIOUT,
PlalnJlff
IN TUn COURT OF COMMON PLEAS
CllMUI1RLAND COUNTY,
PtiNNSYLV ANIA
NO. 94.3771 CIVIL TERM
v.
ANNE It WIIITENIOHT,
Defendant
IN DIVORCE
I)ET1TION FOR SPECIAl- RELIEF
I. Plaintiff, Clarence E. Whitenight. Is an adult individual residing al Coaallo Coasl
Motel at 1252 Harrisburg Pike, Carlisle. Cumberland County, Pennsylvania.
2, Defendant. Anne II. Whitenight, is an adult Individual residing al 19 Ilirch Slreel,
Mechanlcsburg, Cumberland County. I'ennsylvania.
3. ^ complaint in divorce was tiled on July 12. 1994.
4, On July 6, 1994, an agrccment was signed by the parties which set forth all of Ihe
parties respective financial and property rights arising oUluf Iheir lIlarriage including withoul
limitation all mailers relating to the ownership and distributlun of real and personal properly
and all past. presenl and future supporl, alimony and alimony pendente lite. Said agreemenl
is allached to this pctitiun as Exhibit A.
5, This agreemcnt Is valid and enforceablc.
6, Under paragraph 11 (2) (a) of this agreement, Defendant agreed to transfer tu Plalnliff
alluf her righi, title and Interest in the 1979 Dodge Omnl. This transfer was accumpllshed
un July 6, 1994.
7, Under paragraph n (2) (h) of this Agrecment. PllIlntlff agreed 10 trunsfer to I>efendllnt
all uf his right, title and interest In the 1986 Dodge Caravan. This transfer was accomplished
un July 6, 1994.
8. Under paragraph II (5) (a) of this Agrcement. thc parlies agreed tu close the joint
checking account Silver Advantage 50 Plus with PNC !lank (account number 5070117514)
and equally divide the proceeds from said account. This was accomplished on July 6. 1994.
9. Under Paragraphs Il (3) (u-b). the parties ugrced thutthe marital residence located at
19 !lirch Street, Mechunicsburg. Pennsylvunia wuuld be immediately listed for sale and that
upon sale uf the premises. the net proceeds would be equully divided between the parties.
10. Under Paragraph 11 (3) (d), the parties agreed that Defendant shall have the right to
live In the marital home until it is sold and the parties agreed to equally split the expenses
associated with the ownership und muintenunce of this house. These expenses include but are
not limited tu the taxes and ussessments imposed by any townshill. borough, county or other
taxing authority. utility bills, cable bills. water und sewer bills and insurance for these
premises.
11. On July 7, 1994, Plaintiff left the murital residence and moved into u room at the
Coast to Coast Motel located ut 1252 I hurisburg Pike, Curl isle. Pennsylvaniu and Defendant
hus continued to live in the murital residence,
12. On July 6, 1994, ()efendunt upproached Plaintiff and asked whether Plaintiff would
ugrcc to accept the sum of $,lO,IKK),IKI fur Pluintiff's shllre of the murltal residence.
Defcndant indicated that she thoughtlhut she could ohtain said sum um) would know within
four days if she was in a position to purchase Plaintiff's interest In this house.
13. At the expiration of four days. Defendant asked for additional time to oblain the
agreed upon sum. Plaintiff assented to Defendant request.
14. On July 29. 1994, the secretary for Defendant's eounscl telephoned Plaintiff's counsel
and indicated that Defendant's loan through I'NC Bank had been approved.
15. On August 2. 1994, Plaintiff's counsel was informed for the first time that Defendant
had applied for this home equity loan with a co-signor, Defendant's daughter, Sherrie
Lukowski, and that a condition was placed on the release of funds on this loan. PNC Bank
indicated that the funds for Ihis loan would not be released until Defendant's daughter
obtained a court order for child support.
16. On the loan applicallon, Defendant's daughter indicated that she was receiving child
support in the amount of $500.00 per month.
17. At the time of application. Defendant's daughter was not separated from her husband
and was not receiving any type of child support.
18. Defendant's daughter separated from her husband during the week of August I, 1994
and l1Ied a complaint for child support with the Dauphin County Domestic Relations Office.
An office conference has not yet been scheduled.
19. Defendant indicated that Plaintiff would have to wall 10 receive the proceeds from this
loan unlil a child sUPllOrt order was entered by the Dauphin County court.
20. Since Ihis process, if Defendanl's son.in.law conlesls the child 5upportmaller. could
take atlcast four months, Plaintiff indicated thatthls WIIS unacceptable and on August 3. 1994
rescinded the oral agreement for Defendunt to purchase Plulntiff's inlerestin lhe marital
residence for $30,000.00.
21. Under paragraph A (10) of the agreement. no modilication of any terms of the
agreement are valid unless in writing and signed by both parties,
22. Plaintiff informed Defendanllhal he intended to list the properly for sale immediately
and expected Defendant's full cooperation In accordance with paragraph 11 (3) (a) of lhe
agreement signed by the parlies on July 6. 1994.
23. Defendanl informed Plaintiff Ihat she would not cooperate with the listing of this
property for sale and informed Plaintiff that he should not be showing this property to any
prospective buyers.
24. Defendanl has breached paragraph B (3) of this IIgreement by refusing to cooperate
with the listing of the marital residence for sale.
25. Defendant's daughter. Sherrie. and her three children have been living In Ihe marital
residence with Defendant since the week of August I, 1994.
26. Paragraph B (3) (d) permitted Defendant 10 live in the marl till residence until it was
sold and Plaintiff IIgreed to pay hiliI' of the expenses assocluted with the maintenance of this
house on the IIssumption thaI Defendant would he the only occupanl of lhls house.
27. Expenses for mllintenilnce of this l11i1rital residence during the months of July. 1994
were approxinmtely liS follows: Telellhnne $S7,IKJ; Electric $50,IKJ; Wllter $25.IKJ.
28. This housc Is lllwo bedroom housc and is nol largc enough to IIccommodale two
adults and three childrcn.
29. Plaintiff is concerncd thatthc introduction of three childrcn Into this small house is by
nccessity rendering the housc Icss attractive hy thc addcd c1uttcr should any prospcctive buyer
wish to tour this house.
30. Plaintiff was nevcr consulted about Dcfendant' s daughtcr and hcr thrcc children
moving into lhls marital rcsldcncc,
31. It is expected that thc cxpenscs assoclllled with the maintenance of the marital
residencc will significantly incrc.1se with thc introduction of lhesc additional occupants.
32. Undcr paragraph A (\ II) of the agrccmcnt, a hrcaching party to this agreement Is
responsihle for the non-breaching party's attorney fees incurred in the cnforcement of this
agreement.
WHEREFORE. Plaintiff requests this court to order Dcfendant to comply with Paragraph 8
(3) (a-h) of the agreement signed hy Ihe parlies IInd to order thatlhe residencc located at 19
Birch Strect, Mechanicshurg. I'cnnsylvanin hc inllnedilltcly listed for sale at n price of
$68,tX)(},U(} with a realtor ami thnt hotlt parties fully cooperate with the realtor Inthc IIstin8,
showin8 and evcntual sale \11' this property. 1'IlIIntlff further requesls tIlUtlhis eourl ordcr
I>efcndnnl's daughler IInd her II!ree children 10 lenve this resldencc or in thc nltcrnlltive. Ihat
I>efendllnl, Defendanl's daughler umlthree children he required 10 vilcnle the premises lit least
ten days before setllement. Plaintiff also requests the court to order that he be responsible for
no more than $66.00 a month for his share of the electric, telephone and water expenses
associated with lhe malntenancc of thc marital rcsldence if the court detcrmincs that
Defendant's daughter and her three children are permitted to remain living Inlhe marital
residence until ten days before settlemcnt. Finally, Plaintiff requcsts the court to order
Dcfendant to pay Plaintiff's counsel fees associated with the cnforcement of this Agreement.
Respectfully submitted.
Clt".fl[.. f41A~1 /
Deborah K. Spertzcl, Esqul -
Counsel for Plaintiff
Blackburn & Sperlzel
20 South Markel Street
Mechanlcsburg, Pa. 17055
(717) 796.1600
Date: !' J).- "'e:1
VERIFICATION
The undersigned hereby certifies that the foregoing statements which are wlthlnm)' personal
knowledge are true and those which arc based on information received from others Is believed
to be true. It Is understood that falsc statemcnts herein are made subject of the penalties of
18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities.
~J ly,/1L/
Date
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,larencc 13. Whitenight r/
AmU:.:M.:NT U.:TWEEN
Cl.AIU:NC.: .:. Wllln:NIGII...
AND
ANN.: II. Wllln:NIGII'I'
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^greementlllade this (j day uf 7/. (11
, 1994, by and between
Clarence n. Whitenight (lIusband) nnd Anne II. Whitenight (Wife) al Mcchanlcsburg,
Pennsylvanin.
WI'I'N.:SS.:'I'II1
WIIEREAS, the parties heretu arc lIusband and Wifc, having been married on rebruary 14,
1978 In Mechanlcsburg, Pennsylvania.
WIIEREAS, the pnrtics wish lu sct forth !nthls Agreementllnally all of their respective
llnancial Rnd properly rlghls Rnd obllgatluns as betwecn each othcr arising out of Ihelr
marriage Including wllhoutlimllation: settling nil matters betweenlhem relating lolhe
ownership nnd dlstributiun uf real nnd pcrsunalpropcrly. seWing all matters betwecnthcm
relating 10 the pasl, present and fulurc support. alimony, alimony pendente IIle and/or
malnlcnance of eHher uf thcm; allllln gcnellll. settling any and all other claims allll possible
claims by one againsllhe other or agalnstlhclr rcspective eslntes.
NOW TIIElWFOIUl, Wife and lIusbaml. each Inlcndlng tn he legally bound, agree as
L V HID I 7 l)
follows:
A. GENERAl.
1. AGlWEMENT NOT A HAR TO DIVORCE PROCEEDINGS
This agrccment sholl not be cunsldered tu bar the right of Wife ur lIusband to 0 divorce on
lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be
available to either party. This Agrecment is nut intended to condone and shall not be deemed
to bc a condonation on the part of eithcr IJarty uf any act on thc part of thc other party which
has caused the disputes which have occurred prior to or which may occur subsequent to the
date hereof. Thc parties intend, If they decide to file for divorce, to secure 0 mutual consent,
no.fault divorce pursuant to the provisions of Section 3301 (c) of the Pennsylvania Divorce
Code of 1980, as amcnded.
2. EFFECT OF DIVORCE DECREE
This agreement shall continue in fuil force and effect after such time as a nnal decree In
divorcc may bc entered with respcctto the parties.
3. AGREEMENT TO HE INCORPORATED INTO DIVORCE DECREE
Inthc evcnt of a divorce betwecn the parties, thc terms of this Agreemcnt shall be
Incorporated Into any divorce decree which may be entered with respecttuthe parties, but
they shall nut be merged Into such dccree, The Court of Cummon Plens which may enler
such divorce decree shall retain cuntlnulng jurisdlctlonuver the parties and the subjeclmalter
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of the Agrccment fur the purpuse uf enfurcemcntuf uny of the provisions thereof. The
provisions herein shull nut be suhjeclto mlllllnl'lIl1un ullder IIny clrcumstllnces unless by
ogrccment of the parties.
4. DATE OF EXECUTION
The "date of exccullon" ur "execullulI date" uf Ihls Agreement shull he denned 115 the dale
upon which it Is executed hy the parlles If Ihey have each executed the Agreement on the
same lIale. Otherwise. the "dilte of execuliun" or "eXl'Cullon date" of this Agreement shall be
denned as the date of execullun hy the parly lasl execullng this Agreement.
S, D1STIUIlUTION DATE
Nntwilhstamllng the date of execulion uf Ihls Agreement liS aforesaid, and ullless otherwise
provided by a sllecltle pruvlsioll uf Ihis Agreemelll, the transfer uf property, funds and/or
documents provided for herein shallullly tllke place on the "dlstrlhutlon dale" which shall be
denned as the tenth (10th) duy fullowlnll the entry of a finul deeree In divorce with resllCCtto
Ihe parlles.
6. ADVICE OF COUNSEl.
Wife and lIusband declare Ihal ellch hus had a full and fair opportunity to obtain Independent
lellal advice of cuullseluf Ihelr scJecllun; thatllushand has heen Independenlly represented hy
euunscl, Dehurnh K. Spcrl1.el, Esquire. and Ihlll Wife, cognl7.antof her r1ghl to legal
represelltllllun, declllrcs Ihlllll is her express, vulunlllry IIlId knowing intenllon nol 10 avail
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herself of her right to counsel nnd chooses Instead to rcprescnt herself with respect to the
prcllllrntlon nnd cxccutlon of this Agrccmcnt. Elich pnrty hereby conOrms thai he or she fully
understnnds the terms, conditions nllllpruvislons hercuf 1II1l1 hclleves snme to be fnlr, Just,
ndequate and rensonable under the existing facts and circumstnnces. The parties further
dednre that each is exccuting the Agreemcnt freely nnd voluntnrlly, having either obtnlned
sufncient knowledge and disclosure of their respective legal rights and obligntlons or, If
counsel has not been consulled, expressly waiving the right to obtnin such knowledge. The
parties each acknowlcdge that this Agreement Is fair and equitable and is nolthe result of any
fraud, coercion, duress, undue innuence or collusion. Each party has had full and fair
disclosure of the parties' assets and liabilities as described on Exhibit A.
7. PERSONAL RIUHTS
Upon separntlon and/or divorce uf Ihe parties Wife and Husband may, al all times thereafter,
live separate and apart. They shall be free frum any interferencc, direct or Indirect, by the
other in all respccts as fully as if they wcre unmarried. Each may. for his or her separnte
use or beneflt, conduct, cnrry on and engage in any business, oecupation, profession or
empluymcnt which to him or her mny be advisnble. Wife and Husband shall not harass,
disturb, or malign each other or the respective fnmllies of each other.
8. MUTUAL RELEASES
Except as otherwise expressly provided by this Agrecment:
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II. Elich parly absulutely and unconditionally releases the olher and the
estate of the utller frunl nny nnd nil rlghls and obllllntluns which either mny have fur past,
present or fulure suppurt ur mnlnlenance. nllmony pendente lIle. allmouy, properly
distribution, counsel fees, costs, expenses and any ulher rlghl or ubllgatlun, economic or
otherwise, whether arising out of the marital relationship or utherwise, Including all rlghls
aud benents under the Pennsylvania Divorce Code of 1980, and amendments, as well as
under any other law of any other jurisdiction.
b. !inch parly absuhllely and uncondlllonnlly relenses the other IIl1d his or
her heirs, executors, and eslnle frum any claims arising by virtue of the marllal relatlunshlp
of the parties. The nbove rclense shllll be effective whelher such claims arise by way of
widow's or widower's rights. family exemlllion. or under the Inteslate laws, or lhe right to
lake against the spouse's will, ur the right to treat a lifelime conveyance by lhe other as
testamentary, or all other righls of a surviving spouse 10 pnrllclpale In a decensed sllOuse's
estale, whelher arising under Ihe laws of Pennsylvania, any state, commonwealth or terrllory
of the United States. or any olher country. The parties each waive and release any and all
rlghltu recover insuf"lllll'e plllceeds althe denth of Ihe olher, whelher as named bcnenclary or
olherwlse. as well as any right lu receive any portion of the eslate of Ihe olher under his or
her will (if execuled prior tolhe execution dale hereof), or III nct liS persolllll represelltatlve of
Ihe estate of Ihe olher.
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c. lJxcepl for any causc of acllon for 1I1vorce which ellher party may havc
or claim to havc, each party gives to the other by the execution of this Agreement an absolute
anll unconllltlonal release from all claims whatsoever, In law or In equity, which ellher party
now has agalnslthe othcr,
9. FINANCIAL D1SCLOSUIUl
Attached hereto as Schellule "A" is the financlalllisclosure of the parties with respeclto their
assets and lIabililles. Each party confirms Ihat he or she Is relying upon the substantial
accuracy of the financial disclosure as an inducement to the execullon of this Agreement. No
representallons or warranties have been made by either party to the other, or by anyone else,
as to the financial slatus of the oilIer, except as expressly set forth on Ihls Agreement and
Schedule "A".
10. MODlPICATION TO liE IN WIUTINO
No modification or walvcr of any of Ihe terms hereof shall be valid unless In writing and
slgnell by both parlles.
II. LAW OF PENNSYLVANIA APPLICABLE
The Agreement shall be Cllnstrued In accordance with the Laws of the Comlllonwealth of
I'ennsylvanla.
12. AOIUlEMENT BINDING ON lII!1\tS
Except as may otherwise be pfllvlded, Ihls Agreement shall be binding on the parties hereto
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Rnd their respective heirs, execulors, IIdmlnlslrRlors, lucCesMllIl\d lIuI8111.
13. INTEOI(ATION
This Agreement constllules the entire umlcrslandingof Ihe partleslInd supersedel any and all
prior agreements IInd negutiutluns hclween Ihem. Therc arc no rellresentllllons or warranlles
other Ihanthose expressly sel forth herein.
14. OTIIEI( DOCUMENTATION
Wilhin ten (10) days after dcmand therefor, the parties will execute allY and all wrlttell
Instruments, assignments, releases, satisfactions. deeds, notes or such olher wrltln8s as may
lie reasonahle, necessary m deslrahle for the proper effectuation of this Agrccment.
15. NO WAIVEI( 01' DEFAULT
This Agrccmenl shall remuinln full force und effcct unless lerminated under Ihe lcrml of lhil
Agrccmcnt. The failure uf ellher party lolnslsl upon stricl pcrfmmance of any of the
provisions of this Agreement shull In no way effeclthe right of such party Ihereafter to
enfon:e the same, nor shall the waiver uf any hreuch of any Ilrovlslon hereof he construed as
u waiver uf uny suhscljUenl defuulluf the sume ur slmllur nuture. nm shull it be construed as
u waiver of strlcl performance uf IIny other obllgntion herein.
16, ADDlUiSS 01' I'MTIES
As long as IIny uhllglltluns remain lu be JlCrlimned pursullnt to the provisions of lhil
Agreemcnt, cach party shllll hllve the lIff1rmlltiw obllglltlunto keep the uther Informed \If hll
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or her resltlence atltlrel5, and shRllprllmfllly notify the other III wrlllng of Rny change of
atltlren by giving the new rcsltlcncc 1It1t1rm.
17. IUlMEDmloi ANI> SAN(TIONS
IlIlIddiliontu 5uch othL'r rcmcdics (\lId slInclions IIvlIlIable under IIppllcable law, In the event
of dlvorL'c bctwL'Cn thc 1'I\ftlCS. Ihc IlartlcllIIlIY utilize allY rcmedy or sanction set forth In the
Pcnnsylvanla Ulvurcc ('odc, liS lUnclldcd. 10 cnforce any tcrmof this Agreement as though It
had been an ortlcr of Court.
18. A1'I'ORNBYS' FEES FOR ENFORCEMENT
In the cvclltthat clthcr pllrty breaches allY plllvislon of this Agreemcnt and the olher party
retains counscllo assist in cnforcing thc terms thcrcof, lhe breaching party wlll pay all
rC850nable allorneys' fccs, cuurl CllStS and expenses (Including Intercsl and lravcl costs if
IIPllllcahlc) which arc Incurrcd by the olhcr party In cnforcing the Agrccmcllt, whether
cnforccmcntls ultlmalcly achlcved by litigation or by amlcablc rcsolutlon, It Is lhe specific
agrecmcnt and Intenlof lhc partics that II brcnchlng or wrongdoing party shall bear the
lIbllglltlllnof any and all costs, expenses and reasonable counsel fecs Incurrcd by thc
nonbrcachlng party In protecting allll enforcing his or her rights under this Agreemcnt.
19. IIE^I>IN(JS NOT PAlrI' OF AOIUJEMENT
Any healllngs preccdlnllthe texlof the scvcrnl pnragraphs and subparagrnphs hereof are
Inserlcd solely for convenience of rcfcrenL'c and shall nol constltutc a part of lhls Agrecmcnl
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nor shall they effect Its meaning, construction or cff~'Ct.
20. CONTRACT INTEI{PIUlTATION
For purposes Ill' contrncllnlerprellltlonllnd for Ihe pUl'JKlse of resolving any ambiguity herein,
Ihe parties agree Ihatthls Agreement was Ilrepared hy lIushand's allorney and Ihat Wife
waived her righi, voluntarily, knowingly lInd IllIelllgently, 10 take tills Agreement to an
attorney of her choice fur (he IlUrpose of explanation.
II. I'ROI'.:Rl'V
I. PERSONAL PlmPERTY
Upon execution of this Agreement, lIushand hereby assigns to Wife all of his rlghtln any
furniture, furnishings, rugs, huusehold equipment and appliances, pictures, books, antiques
and collectiblcs, Items of tangible personlll property of whatever nature which are presently
located in Ihe residence at 19 lIirch Street, Mechanicsburg, Pennsylvania. These items shall
constitute the sole property of Wife. Ilushand hereby specifically waives any c1ahns which
he may have with respect 10 these items of personal property hereby assigned 10 Wife.
2. MOTOR VEIIICLES
Upon execution of this Agreement:
a. Wife shall transfer to lIushand, free and clear of all liens and
encumbrances, all of her righi, title and Interest In and to the 1979 Dodge Omnl.
h. lIushand shnlltrnnsfer to Wife, free and c1enr of all liens and
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encumbrances, all of his righi, tllle and Intercslln and III Ihe 1986 Dodge Caravan,
3, ImAL ESTATE
Upon execulion of this Agreement:
a, lIusband and Wife agree thai the residence located at 19 "Ireh Streel,
Mcehanlcsburg, Pennsylvania shall be imllledlately lIsted for sale al a price acceptable to boill
parties provided that In the event they arc unable to agree upon a price, then the price shall
be I1xed by a licensed real estate broker selected by both parties. In the event the parties are
unable to select a real estate broker, they each shall select a broker who, in lurn, shall select
a Ihird broker who shall determine the price. The broker shall also advise the parties whether
the listing price shall be lowered In the event the prcmises arc not sold wllhin a reasonable
period of time. The parties shall cooperate and agree to lower the listing price untillhe price
has been lowered by 20% of the original listing price, Thereafter. the price shallnot be
lowered unless by agreement of the parties or order of court.
b. Upon sale of the premises. the net proceeds. after deduction of all
expenses, fees and taxes In connection with the sale, and after satisfaction of any liens, shall
be divided equally between the parties.
c, In the evcntthatthe plemlscs need IlIlprovemcnts whether capital or
not, during the pendency of sale, the parties hereby stipulate and agree to pay and be equally
n~sponslble fur one-half of the l'ostuf those Improvements. If one party advances thai cosl
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fur the other, that party shall be reimbursed from the other Ilarty's portion of the net proceeds
of snle,
d. llnlllthe premises are sold, Wife shall have the right to cOlltinue living
in such premises untlllhe time Identif1ed in suhparagraph (f) Infra. Wife and lIusband agree
10 equally split any expenses associated with Ihe ownership and maintenance of this house
Including but not limited to ulltuxes or assessments ImposcO by any township, horough,
county or olher laxing aUlhorily connected 10 said premises, all utility bills, cable hills, water
and sewer hills and Insurance for said premises.
e. The parties hereby stipulate and agree that they bolh shall pay and be
equally responslhle for one-half of the net capllal gains tax attributable to such snle. They
shall cooperate and provide each other with all necessnry documents in order 10 estahllsh the
effective tax basis for Ihe premises. If one party falls tnlJay the portion of the capital gains
lax, and the olher is assessed any portion of the capital gains tax attributable to the party who
failed to pay, Ihat party who failed tn pay shall indemnify Ihe other with respect to the capital
gains tax paymenl, Including uny necessary attorneys' fees in order tn collect this.
f. Wife ugrees to vacate Ihe premises hy len days befnre the selllement
dale. If ejectment Is required. Ilushul1ll. who is oulllf possession of the house, shall receive
an additional ten percenl of the net proceeds or Ihe sale plus additional damages and Any costs
and attorneys' fees Incuned In the ejectment proceeding.
II
4. PLEA MARKET SMCBS
The parties agree Ihot the fien market slloces currently held atlhe Sliver Springs fien market
shnll belung lu Wife onLl lIusbnnd shall hnve nu further Interest ur respunslbllltles associated
with the rental of these fica market spaces. Wife shall nutlfy the ollllropriate person within
the management uf the ficnmarkellhatllusband is nu lunger associatcd with ur invulved with
the rental uf these fien markct spaces ullOn cxccutlun uf Ihls Agreemcnt.
5. DANK ACCOUNTS
a. Upon cxecutiun of this Agreement, the parties agree to close the joint
checking account Silvcr Advantage 50 Plus with PNC Dank (account number 5070117514)
and equally divide the proceeds from this checking account.
b. All uther bank accuunts that are currcntly in the separate names of the
parties shall remain the scparate property of the parties and ench of the parties hereby
specifically waives any claims which he or she may have with respect to the proceeds of any
other bank accounls except fur the accuunt sct forth above.
6. RETIREMENT BENEFITS
1\ Is acknowledged that a portion of thc pcnslon with Central Pennsylvania Teamsters I)ellslon
Fund account number 2 \0-22-9422 tltlcd in the name of lIusband pursuant to his employment
and subsequent retirement frum IInlls Motor Transit Comllany wns acquired during the
parties' marriage. The parties acknowledge tlmt they are aware of their respective rights
12
pursuant to the l'ennsylvanla Ulvorce Code of 1980, as amcndcd, lnlhe event of divorce, to
oblaln formal valuallons andllPllralsals of llusbllnd's pcnslon, a portion of which WaS
acquired during thc mllrrlllgc IInd constltutcs mllrttlll properly. Ilowcvcr, thc partlcs havc
dcterlnlnctlthatthey willnotundertnke Ihis eXllCnse and that llusband, In Ihe evcnt of
divorce, shall retain his pcnslon with CentrnlPennsylvania Teamslers Pension Fund as his
sole and separate prollCrty. The parties believe thai, within the context of Ihelr resllCCtlve
situations, Ihls division represents a fair and equltllblc division. Notwithstanding, llusband
and Wifc aeknowlcdgc Ihat uponllusband's death, Wife will be entitled to a check in the
amount of $420,00 IlCr month fur Ihe remainder of her life payable hy Cenlrall'ennsylvanla
Teamsters Pension Fund inllcCIlrdance with the plan selected by llushllnd lIlthe time of bls
retirement.
7. SEPARATE ASSETS
a, l{elellse: The parlies hereby agree that as 10 each of their separate
assels. as thatlerm 15 denned herein, the party nol having title to or possession of any
particular separate asset hcrehy waives any claims Ihcrein, and acknowledges that hereafter
Ihe party havinlllilic 10 or posscssion of a scparalc asscl Is the sole and exclusive owncr
Ihereof.
h, I.Imltation to assels disclosed: The above releasc Is subJeclto the
pruvision thai It shall bc effl'l.'live only liS to those IIssels disclosedlolhe other party, which
13
assels arc described or referred to In Schedule A allnchedlo this Agreement. Neither party
Intends by the execution herenf In release nny claim which he or she may have In asscts
which have not been dlsclnsed.
c. Uelinltlnn: The term "separate nsset" 15 denned fnr purposes of Ihls
Agreemenl as designating any ussel of uny kind (whether real. personal or mixed, langlble or
Inlnnglble) which Is presently titled either In the snle name of a parly hereto or jointly with
one of the parlles herelo (and deslgnaled tn be cunveyed luune uf Ihe parties) or jointly with
a third party or parties. The term alsulncludes any untitled nssel which Is prescntly In the
sole possession of one of the parties herelu.
d. Indemnification as to Expenses: The parties agree 10 Indemnify and
hold one another harmless from any lIahlllty, cost or expense, Including aHorneys' fees and
Inlerest, which c1lher may he In the future or has previously Incurred wilh respeclto Ihelr
separate asscls ns delined herein,
8. APTER-ACQUIlUiU PROPERTY
Each of the parties shall hereafter nwn and enjoy, independently of any claim or right of Ihe
nther, all lIems nf property. he they reul, perannal or mixed, tangible or Inlnnglble, which arc
or were acquired by him or her after the exccutlnn dute of Ihls Agreement, wilh full power in
him or her In dispose of the same us fully and elTectlvely, In all respects and for all JlUl'JlOSCS,
as though he or she were unmarrletl.
14
9. WAI{RANTY AS TO IiXISTINU ANI> FUTURE OIll.IOATIONS
Wife and lIusband each waHuntthut neither hus heretofure contracted fur any liability for
which the other ur the estute of the other may be responsible except as specifically disclosed
and provided fur hy the terms uf this Agreement. The parlles further warrant that each will
now and at all times hereafter save harmless and indemnify the other and the estate of the
other from allliabilllles Incurrcd ufter the execution date thereof, except as may be utherwlse
specifically provided herein, as well as from all lIubilities of every kind which have been
Incurred heretofore by either party. including those for necessities, except for obligations
arising out of this Agreement. The parties agree that all joint credit and/or charge accounts
shull be terminated Immediately. and no charges shall be Incurred by either party against any
joint accuunt frllln the date of execution hereof. Wife agrees to assume and pay in due
course the uutstanding balance on the 1I0scov's churge account (accountnum!Jer 105386958)
und Indemnify lIusband If for uny reason collection proceedings are instituted against
Husband for the outstanding balance of this account.
10. ALIMONY, SUPI'OJrJ'. ALIMONY PENDENTE LITE
The parlles acknowledge that by this Agreement. they have respectively secured and
maintained u substunllalund adequate fund with which to provide themselves sufficient
financial resources for their comfort, maintenance und support. The parties acknowledge Ihat
the cost uf living muy increase (If decrellse. t1l11tthelr respective estates mllY Increase ur
15
decrease In value, lhat ellher may he employed or unemployed at various limes In the future,
and that notwithstanding these ur other ecunomlc circumstances, which may he changes In
circumslnnces of a suhstunllnlnnd continuing nnture. the terms of Ihls Agreementnre justnnd
reasonable. Therefore the parlies herehy expressly waive, dischnrge, give upnnd relcnse Bny
and all rights and causes which they mny now or hereafler have hy reason of the parlles'
marriage. separallon or divorce to alimony, nlhnony pendente lite. sUPJXlrt or maintenance,
and they further release any rights they may have to such modllication of the terms of this
Agreement in a Court of law or cqully. II heing understood thatlhe foregoing conslltutes a
linal determination for all times of either party's ohligation to contribute to the support and
maintenance of the other, Frum the date of execution of this Agreement, It shall he the sole
responsiblllly of each party to sustain himself or herself without seeking any support from the
olher.
II. UEALTIIINSlJRANCB
From the date of execullonof this Agreement, Wire shali he reSlxJnsihle for payment of the
additional premium for her health insurance which she maintains Ihruugh lIushand's group
health insurance plan, In Ihe evenl or a divorce as defincd in this Agreement. lIusband shall
cooperale in Wire's ohlnining al her cost. conllnued medical coverage under the Consolidaled
Omnihus Iludget Reconciliallon Act of 1985 (COJlltA) or any successor \If comparutlve law
10 Ihe exlentnvallnhJe through lIushaml's gruup henlth insurance IJlan. lJlxlnthe cessation of
ICl
Wife's cmmA coverage, Wlfc shalllhcreancr be rcsponslble for pruvldln8 her own health
Insurance at her own eXllCnse.
12. COUNSEL FEES
Inlhe event of a divorce as dcfined under the terms of Ihls A8reement, each party hereby
agrees 10 be solely responsible for his or her own counsel fees, costs and expenses. Nellher
shall seek any contrlbullon therelll from the olher party excepl as olherwlse expressly
provided herein.
C. TAX MA1"rERS
I. Jolnl income lax Indcmnlfieallon
Husband agrees Ihat he will be solely responsible and hold Wife harmless for any and all
conllngent or olher lIabilllles on jolntlncollle lax returns previously filed by the parties and
will agree to pay any claim or expenses arising out of such returns or liabilities (Including
reasonable counsel fees, lax, intcrest amlllCnalties), unless addllionnlllabllltles arc found to
be attributable 10 IIIlsrepresenlallons or failures III disclose Ihe nature and exlent of Wife's
Income as It may appear on said previous tax returns, In which case Wife shall be responsible
10 pay lIny claim or expense relaled Ihereto.
D. UEIIINITIONS
I. For Ihe purposes of this Agreement:
A divorce shall he dccmcd to havc occurred al such time as Ihere Is In effeet a
17
COMMONWEALTII OF PENNSYLVANIA
SS
COUNTY OF CUMUBltLANIJ
On the c; f,,- day of ,Tllt ' 1994,beforc IIIC, Ihe subscriber, a Notary
Publle for the Commonwcalth of I'elnsylvanla, rcsldlng In thc Counly of Cumberland,
personally appeared before mc Clarencc E. Whltenlghl and III duc forlll of law aeknowledged
thc above Agreement to bc his act and deed.
Nolary Publle
NoIM" SIl'"
" ~IJ GoiWJtmY"lfo
a!!lUll, ~,ClJlljXlflinjCOlllllY
MyCOOvlIlssQl ,t9 10, lOllS
COMMONWEALTH OF llENNSYLVANIA
COUNTY or CUMBERLAND
SS
On thc ~ -it... day of ~ IA-~~ ' 1994, before me, the SUbscriber, a
Nolary Public for Ihe CommOlIWealt( f Pennsylvania, rcsldlng in the County of Cumberland,
IlCrsonally appeared bcfore me Anne II. Whltenlghl and In due form of law acknowledged Ihe
ahove Agreement 10 he her aclllm! deetl.
NOlallal6eal public
L1aa M, 9fnha~~~:~Dnd COlln7
Sllv.r Sp!!..I1Il,Wlln ii_pill' Oc\. 20, 199
Ml com"... 0
rJj'-'l7 I1:
ry Ilubllc ./
k
20
CERTIFICATR OF SERVICE
I, Deborah K. Spertzel, Esquire do hereby eertlfy thai I alllllnlllll day acrvtng a lruo and
corrccl copy of the PETITION FOR SPECIAL RELIEF on Ihe following:
lJ. S. Mall Postage Prepaid
Dawn S. Sunday, Esquire
39 Wesl Main Slrect
Mcchanlcsburg, Pa. 170SS
~~~~/A~,J
Deborah K, Spe zel I
I- n.. ~,'I
Dale
.
CLARENCE E. WHI'l'ENIGIlT, I IN TilE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I NO. 94-3771 CIVIL TERM
I
ANNE II. WIIITENIGIIT, I
Defendant I IN DIVORCE
DBFBNDANT'S ANSWER AND NEW MA'rJ'm '10
PLAIIfI'IPP'S PBTITIOO fOO SpreIAL RELIEF
1. Denied. Defendant is without sufficient information to form a belief as
to the truth of Plaintiff's allegation as to his place of residence.
2. Admitted.
3. Admitted. By way of further answer, the Divorce Complaint was filed by
Plaintiff or Plaintiff's counsel.
4. Denied. Any inference that the parties signed a valid Property Settlement
Agreement on .July 6, 1994 is denied. '1'he writing which is attached to
Plaintiff's Petition is the best evidence of what is contained therein.
5. Denied. It is denied that the writing dated July 6, 1994 constitutes a
valid or enforceable agreement. To the contrary, this writing was signed by
Defendant through duress and coercion by Plaintiff who threatened and
intimidated Defendant into signing the writing involuntarily and without
benefit of legal counsel.
6. Denied in part. Defendant I s avennents in paragraphs 4 and 5 of this
Answer are incorporated herein by rl'lfllrenCe, and therefor any inference that
the July 6, 1994 writing constituted a valid agreement is specifically
denied. It is admitted that Defendant transferred the title to the 1979
Dodge Omni to Plaintiff on July 6, 1994.
7. Denied in part. Defendant's averments in paragraphs 4 and 5 of this
Answer are incorporated herein by reference, and therefor any inference that
the July 6, 1994 writing constitutes a valid agreement is specifically
denied. It is admitted that Plaintiff transferred the title to the 1986
Dodge Caravan to Defendant on July 6, 1994.
8. Denied in part. Defendant's averments in paragrsphs 4 and 5 of this
Answer are incorporated herein by reference, therefor any inference that the
July 6, 1994 writing constitutes a valid agreement is specifically denied.
It is admitted that, on July 6, 1994, the parties divided the proceeds from
Plaintiff's checking account (.5070117514) with PNC Ilank. It Is denied that
the account referred to In Paragraph 8 of Plaintiff's Petition was held
jointly. To the best of Defendant's knowledge, only Plaintiff's name was on
this account and Defendant was not permitted to use the account.
9. Denied. Defendant's averments In paragraphs 4 and 5 of this Answer are
incorporated herein by reference, and therefor any inference that the July 6,
1994 writing constitutes a valid agreement is specifically denied.
10. Denied. Defendant's averments in paragraphs 4 and 5 of this Answer are
incorporated herein by reference, and therefor any inference that the July 6,
1994 writing constitutes a valid agreement is specifically denied.
11. Admitted in part. It is admitted that Plaintiff left the marital
residence on July 7, 1994 and that Defendant has continued to live there.
Plaintiff's destination upon leaving the marital residence is unknown to
Defendant and therefor Plaintiff's averment that he moved into a room at the
Coast to Coast Motel, 1252 Ilarrisburg Pike, Carlisle, Pennsylvania is denied.
12. Denied. It is denied that this allegation Is relevant to the validity of
the writing at issue. The remainder of this averment is admitted.
13. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. 1'he remainder of this averment is admitted.
14. Denied. It is denied that this allegation is relevant to the vslidity of
the writing at iasuo. 'I'he remainder of this averment is admittod.
15. Denied. It is denied that this allegation Is relevant to the validity of
the writing at issue. Defendant is without sufficient information to form a
belief as to when Plaintiff's counsel was first informed that Defendant's
daughter, Sherrie Lukowsky, would be a co-signor on the loan or that the loan
was contingent upon entL"y of a child support order on Ms. Lukowsky's behalf.
It is admitted that the PNC !lank loan, for which Defendant has applied, is
contingent upon entry of a child support order fOL" Ms. Lukowsky's children.
16. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. It is further denied that either Defendant or Ms.
Lukowsky represented at any time to PNC Bank that Ms. Lukowsky was receiving
child support in any amount. 1'0 the contrary, PNC Bank was advised that Ms.
(,ukowsky was not yet receiving child support payments.
17. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. The remainder of this averment is admitted.
18. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. The remainder of this averment Is admitted. By way of
further answer, after Plaintiff filed his Petition for Special Rellef, a
child support conference was scheduled for September 16, 1994.
19. Denied. It is denied that this illlegation is relevant to the validity of
the writing at issue. It is admitted that a condition of the loan for which
Defendant has applied wi th her daughter I Sherrie Lukowsky I as cosignor
requires that an order for child support be entered on Ms. Lukowsky's behalf
as custodial parent of three minor children.
20. Denied. It is denied that this averment is relevant to the validity of
the writing at issue. It is admitted that Plaintiff Indicated through a
letter from counsel that he would not agree to a purchase by Defendant of his
interest In the marital residence. It is denied that Plaintiff's actions
were based on a concern over delay In entry of a child support order.
21. Denied. Defendant's averments in paragraphs 4 and 5 of this Answer are
Incorporated herein bV reference.
22. Admi tted in part. Defendant's averments in paragraphs 4 and 5 of this
Answer are incorporat"d herein bV reference. It Is admitted that Plaintiff
indicated through his counsel that he Intended to list the property for sale.
23. Denied as stated. It is denied that Defendant Informed Plaintiff that
she would not cooperate with the listing of the marital property for sale.
By way of further answer, Defendant, through counsel, informed Plaintiff's
counsel by letter dated August 9, 1994, that the writing dattld JulV 6, 1994
was signed by Defendant unwllllnglv and through coercion by Plaintiff and was
therefor invalid. On JulV 19, 1994, immediately upon reviewing the writing
wi th Defendant, Defendant's counsel advised counsel for Plaintiff that the
writing was invalid due to coercion. Through counsel, Defendant further
advised Plaintiff on August 9, 1994 that she was not willing to list the
residence for sale pending negotiation of a property settlement agreement and
that, therefor, he should not show the home to prospective buyers.
24. Denied. Defendant's averments in paragraphs 4 and 5 of this Answer are
incorporated herein by reference.
25. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. The remainder of this averment is admitted.
26. Denied. Defendant's averments in paragraphs 4 and 5 of this Answer are
incorporated herein by reference.
27. Denied in part. It is admitted that the JulV 1994 expense for the
telephone was apprOXimately $57.00 and for the electricity was approximately
$50.00. The water bill, however, was approximately $32.00.
28. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. While the marital residence is a two bedroom house, it
is denied thst the residence is not large enough to accomodate two adults and
three children,
29. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. It is further denied that the fact that Defendant's
three grandchildren are 11 ving in the residence would render the house less
attracti ve to prospective buyers. Dy way of further answer, the house is
maintained immaculately by Defendant and its attractiveness is not affected
by the additional occupants.
30. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. The remainder of this averment is admitted.
31. Denied. It is denied that this allegation is relevant to the validity of
the writing at issue. 'l'he remainder of this averment is admitted. It is
possible that the expenses 11 sted in paragraph 27 of Plaintiff's Petition
will be increased somewhat due to the fact that Defendant's daughter and her
three minor children are currently living there.
32. Denied. Defendant's averments in paragraphs 4 and 5 of this Answer are
incorporated herein by reference.
NEW MA'l'l'm
33. During the last two years of the parties' marriage, Plaintiff physically
abused Defendant, requiring treatment at Holy Spirit Hospital on one
occasion.
34. During the last two years of the parties' marriage, Plaintiff sexually
abused Defendant.
35. During the last two years of the parties' marriage, Plaintiff abused
Defendant emotionally through rages I obscenities, constant ridicule and the
isolation of Defendant from her family and friends.
36. Plaintiff's behavior toward Defendant created a mlndset in Defendant of
subordinance, dependence and helplessness.
37. On July 5, 1994, Plaintiff came to the parties' residence with the
writing in question turned to a certain page involving the marital real
estate. Plaintiff threw the writing at Defendant saying that she did not
need to read it all but to just sign it.
38. Defendant was crying, shaking and extremely upset. Defendunt did not
sign the writing on Jul~' 5, 1994.
39. Plaintiff presented the writing again to Defendant on the rrorning of
July 6, 1994 and again Defendant was crying and extremely upset. Plaintiff
repeatedly insisted that Defendant sign the writing and when she expressed
doubt, Plaintiff threatened that, "If you are unhappy and miserable now, if
you don't sign this agreement, I'll show you what unhappiness is."
40. Plaintiff had previously and repeatedly threatened to kill Defendant if
she ever touched his pension.
41. On July 6, 1994, Plaintiff drove Defendant to the office of a Notary
Public to ensure that the writing was signed. Plaintiff promised to leave
Defendant alone if she signed the writing.
42. On July 6, 1994, Defendant signed the writing in desperation and without
the benefi t of legal counsel.
43. Defendant believed that if she did not sign the writing, Plaintiff would
physically harm her.
44. Defendant signed the wri ting under duress and due to coercion by
Plaintiff.
45. 1'he writing is invalid and unenforceable.
W1IEREFOO, Defendant requests that this Court strike the writing lit
issue as invalid and unenforceable, dismiss Plsintiff's Petition for Special
CLARENCE E. WHITENIGHT,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
I
: CIVIL ACTION - LAW
:
: NO. 94-3771 CIVIL TERM
IN DIVORCE
ANNE H. WHITENIGHT,
Defendant
VERIFICATION
The foregoing Anawer and New Matter Is based upon information which has
been gathered by my counsel In order to represent me in the lawsuit. The
language contained in the pleading is that of counsel and not my own. I have
read the Defendant's Answer and New Matter and to the extent that the
document is based upon information which I have given to my counsel, it is
true and correct to the best of my knowledge, information and belief. To the
extent that the content of the document is that of counsel, I have relied
upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities, which
provides thAt if I knowingly make false averments, I may be subject to
criminal penalties.
DATE:
f II /,111
~ ( I .
,
~11,c' 1//" /""': ,:Ji/
ne H. Whitenight ,/
, .
CLARENCE E, WHITENIGHT,
Plaintiff
1 IN THE COURT O~' COMMON PLEAS OF
1 CUMBERLAND COUNTY, PENNSYLVANIA
1
I CIVIL ACTION - LAW
I
I NO. 94-3771 CIVIL TERM
I IN DIVORCE
v.
ANNE H. WHITENIGHT,
Defendant
cmTIPICA'm OP SERVICB
I hereby certify that I served a true and correct copy of
Defendant's Answer And New Matter To Plaintiff's Petition For Special Relief
by first class mail to Deborah K. Spertzel, Esquire, counsel for Plaintiff on
the date indicated below at the following addressl
Blackburn & Spertzel
20 S. Market street
Mechanicsburg, PA 17055
DATE
9/1 /91/
.
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CLARENCE E. WIIITIlNICJtlT,
Plaintiff
IN rtlE COURT OF COMMON I)LBAS
CUMIUmLAND COUNTY, PIlNNSYLVANIA
v.
CIVIL ACTION -- LAW
NO. ()tl- J "1 7/ C{~);I~~"f'
IN DIVORCE
ANNB tI. WIIITBNI(JIIT,
Defendant
NOTICE TO DEFENIJ ANIJ CLAIM RIGHTS
You have been sued In Cour\. If you wish to defend againsl the claims sel forlh Inlhe
foregoing pages, you must take promptnctlon, You lire warned that if you fall 10 do so, Ihe
case may proceed withoUI you and a decree In divorce or annulmenl may be enlered against
you by Ihe court. A judgmentmllY 1I1so be entered againsl you for lIny other claim or relief
rcquesled in these papers by lhe plaintiff. You mllY lose money or property or other righls
Imporlanllo you, including cuslody ur visillItion of your children.
Wbenthe ground for the divurce is indignities or irretrievable hreakdown of the
marriage, you may requeslmllrrlage counseling, A Iisl of marriage counsclors is available in
the Office of the Prothonotary lit:
Office of Ihe Prolhonolary
Cumhcrlllnd County Courlhouse
ClIrlisle, Pcnnsylvania 170U
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, IJIVISION or PROPBRTY,
LAWYBR'S FEES OR EXPENSES IlEFOIW A DIVOItCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO Cl.AIM ANY OF THEM.
YOU SIIOUI.D TAKE TillS I'AI'ER TO YOUR l.AWYlm AT ONCE. IF YOU
DO NOT HAVE A LAWYI\!{ (m CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FOIrrllllELOW TO FIND 011'1' WIIElW YOII CAN GET !.EOAL
IIE!.P.
Courl Adlllinistrutur, Fourth Floor
Cumberlllnd ('ounty Cuurthouse
ClIrlislc, PCllnsylvlInill 170D
Telephune: (717) 24().6200
CLARENCE E. Wl\ITHNIOUT,
Plaintiff
IN TIIB COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION .. LAW
v.
ANNE H. WIUTENIOIIT,
Dcfendanl
NO.
IN DIVOItCE
NOTICE OF A V AILAplLlTY OF COUNSELING
TO THE WITlIIN NAMED DEFENDANT:
You have been named as Ihe Defendanl in a Coml>lalnlln a divorce proceeding filed
in Ihc Court of Common Pleas of Cumberland Counly. This noticc Is to advise you Ihatln
accordance wilh Secllon 3302 (d) of Ihe Dlvorcc Code, you may requeslthlltlhe courl require
you and your spouse 10 attend marriage counseling prlllr 10 a divorce being handed down by
Ihe court. A IIsl of professlonalmllrrlage counselors Is available 1I1 Ihe Domesllc Itelallons
Office, 13 Norlh Hanover Slrecl, ClIrlislc. Pennsylvania. You are advised thai this list Is
kepi as a convenience 10 you and you arc nol bound 10 choose a counselor from Ihis list. All
necessary arrangemenls and Ihe cosioI' counseling sessions arc 10 be borne by you and your
spouse .
If you desire to pursue counscllng, you mustll1l1ke your rcqucst for counseling wilhln
twcnty days of Ihe date on which you receive Ihls notlcc. Failure to do so will conslilule a
waiver of your right to rcquesl counseling,
CLARUNCE B. W111THNI0IIT,
Plalnllff
IN TUn COURT OF COMMON I)LEAS
ClJMUURLANI) COUNTY,
I)BNNSYt.V ANIA
NO,
CIVIL ACTION. LAW
IN J>IVORCE
v,
ANNE II. W1IITBN1eJ\lT,
t>efendanl
COMPLAINT IN DIVORCE
UNIJER TlllLUlVORCE CODE 01' 1980
SECTION 3301 Ic)
I. Plalnllff Is Clarencc E, Whitenight, who has rcsided at Coast to Coasl MOlel, 1252
Jlarrisburg I)ike, Carlisle, Cumbcrland ('ounly, I'cnnsylvania since July, 1994.
2. Defendant Is Annc II. Whitenight. who has resided at 19 Illrch Slreel, Mechanlcshurg,
Cumberland County, Pcnnsylvania sincc 1976.
3, Plalnllff and Defcndanl have bcen bona ndc residcnts In the Commonwealth for at
lcasl Sill months immediately preccdlng the filing of this Complaint.
4. Plalnliff and IJcfendant werc married on February 14, 1978 in Mechanlcshurg,
Pennsylvania.
5. There have been no prior actions of dlvorcc or for annulment between Ihc parties.
6. Neither of Ihe parlles In Ihis acllon Is prescntly a mcmber of Ihe armed forces.
7. Plainllff and Defendllntllre both cHi/ens of the United States.
8, 1)lalntilT has bccnlldvlsed of the lIvallllblllty of 1I111rrlllge counseling lInd thai he may
have the rlghl to requeslthe Court to rcquire the parties 10 partlclJlllte In such counseling.
Dcing so advised, PlalnUff does not request Ihal the Court require Ihe parties 10 participate In
counseling prior 10 a IJlvorce I>ccrcc being handed down by the Court.
9. Plaintiff avers that thc grounds on which Ihls aCllonls based Is Ihallhe marriage Is
Irrelrievably broken.
WHEREFORE, Plalnllff requesls Ihe Court 10 enler II Dccrcc of Divorce,
Respeclfully submllled,
Blackburn & Spertlel
~ V, ,JiJi
eborah K. Sperll ,Esqu e
20 Soulh Markcl Slrcct
Mechanlcsburg, I)A 17055
(717) 796-1600
Date:
'l/rfLl
COMMONWBALTII OF JlBNNSYI.VANIA
SS
COUNTY OF ClJMnBRLANt>
t\FFlDA vcr
Clarence B. Whitenight, being duly swortlllccllrding 10 law, deposes and says Ihallhe facls
conlalned In Ihe forcgolng COl11plalnl In Dlvorcc arc Irue and corrccllo the besl of his
knowledge, Information and belief.
Sworn to and subscrl~
before l11~hls ~ ~
day of -.) u 1-.'1 , 1994,
'W~E?O"9i1l1l ~.
NOlary Public
RoyEftJ~~~
~~,tUllll
CLARENCE B. WIlITBN1GltT
Plalnliff
IN TUB COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 94.3771 CIVIl. TERM
ANNIJ 11, WIIlTEN1GHT
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
1, Deborah K. Spertzel, Esquire, do hereby certify Ihatl amlhls dale serving a true and
correct copy of the RULE TO SHOW CAUSE signed by Ihe Honorable Edgar Bayley on
AuguSll~, 1994 on Ihe following:
U. S. Postage Prepaid
Dawn S, Sunday, Esquire
39 Wesl Main Slrccl
Mechanlcsburg, Po. 17055
1/
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CLARENCE E. WIlI'l'ENIGIIT,
Plaintiff
I IN 'lUE OOUR'l' OF COf'V'IJN PLEAS O~'
I CUMBERLAND OOUNTY, PENNSYI,VANIA
I
I CIVIL ACTION - LAW
I
I NO. 94-3771 CIVIL TERM
IN DIVORCE
v.
ANNE H. W111TENIGIIT,
oefendant
IUJIJS '10 Slot CAUSB
And now, this
~ "I' day of a...,.... ~ , 1994, a rule i. hereby
.
issued on Plaintiff to show cause why the Petition for counsel Feee, Costs
and Expenses filed on behalf of Defendant should not be grsnted. Rule
returnable
l."
days from date of .ervice.
BY THE OOURT
~'4d.d
/ J.
~-.L_.
ho 29 II 35 AM '9~
!H l\~t
Of ~"" ,,,,,w:UhY
(.UH!lli, i.~iI f'f";"tY
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CL/lRENCE E. WIll 'l'ENlllll1' ,
PlalntlCC
1 N '1111I IHJII'I' 01' L\~lN I'I.ICM O~'
CUMIII'lltl./lNIl ('lXIN'I'V. I'lmN8VI.v/lNIA
v,
CI V II. /Il~'I'ION - L/lW
/lNNE II. WlIl'l'ENIGII1',
Defendant
NO. \14-.1'/'11 CIVIl. '1'~tM
IN lllVOI\CIC
PRl'mwn'~!y.~I:""IKI.!!WJ.!
_...--- "'c__-~
Petitioner. Alllle II. Whll.lIl1l\1hl. hy hilI' atlorlley. Dawn S. Sunday
Hlua thia Petition for CounBlI1 I'uell. ('OBtll alld leKpUlllel and In support
thereof averl SI followSI
1. Petitioner II llllfundallt, /1111111 II. Wllltel1lyht, who currently
reeldel at 1'.1 Illrch Htrool, Medllll1lcllhury. cunberland County.
"enllaylvanla.
2. Respondelll Is I'laln\.lfl, CI4ruIII"U I'.. Whltul1lght. who currently
res Idol at CO/\Bl 10 COiIIII ~tolul, 1250 lIarrlsburg Pike,
carlisle, CWlbnllllld CoulIly, 11011111lylvallla.
3. petl tI oller alld ItOBpulllllllI1 woro lIIarl'lud 011 ~'obruary 14, 1976 in
MechlllllcllburtJ' cUllilllrltllld COUllty, PellllllylvlIllllI.
4, 011 ,Iuly II, 19\14. Ituapulldenl rt lorl II Complalllt for Divorce
under lho allOVO Ctlp\.l 011.
5. On Auyuot 12, 1'J'J4, ltuapolldol11 Cllud tI Petition for special
ItelleC under lho ahove captloll In an attompt to unforco an
Involld I'roporty tlotlllllllOllt AlJtllllllllflll.
6, Petl tI oller htls oll'lloyod coullsul hut III unable to pay the
nocessary allrl tll/lllOllahlo IIllortloy'll foell for lIald counsel.
~I I'otitlonur tuqllosta lhat tho Court enter an award of
InLl'clm counsel Ceos. cosLII and IJXI)(fIlSltll, until flnal hosrlng and thereupon
award ouch addltlollsl l'ollnllul (0118. cOlltll tllld OKI)(fIlIlUII 118 deomed appropriate.
IteBI)(fctCully Submitted.
~tNJ~t'l\dw~
"awn . un ay, ~lIqulr~
^ttarney for Dofendant
III I 41954
39 Wellt Main street
MechanlcllburcJ. I'A 17055
.
VERIFICATION
I have read the Defendant's Petition for Counsel Fees/ Costs snd
Expenses and to the extent that the document is based upon information which
I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the content of the
document is that of counsel, I have relied upon counsel in making this
Verification.
This statement and Verification are made subject to the penalties
of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, which
provides that if I knowingly make false averments, I may be subject to
criminal penalties.
DATE;
~(/1 /9~
I
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~~~ ~21
Anne H. Wh ten 9 ~
.
CLARENCE E. Wlll'l'ENIGlI'1' ,
1'1alntl tc
I N 'l1I~ COUll'l' 01" COMMON PLEAS OF
CUMII"'ll.hNIl (XXJN1'Y, PENNSYLVANIA
v.
CI VII, hC'l'lON - LAW
NO. 94-3771 CIVIL TERM
I N III VOltCI;
ANNE H. WHU'ENlGIl1',
Defendant
ctm'JI'ICA1'1t 01' 8R1IVICB
J hereby certify that I have on thla day aerved the Defendant'a
Petition for Counul ~'eea. ('oatil and liKl>onsoll on the person and In the manner
Indicated below, which lIllU.rlua the requirements of Pat R.C.P. No. 440.
Serviced hy Firat cllll.. Ilosts\lu I>oId, United Statea mail addressed
aa follows I
l)flxlrah K. Spertl!ol, ElI<lulre
20 South Market Street
MlChlnlc.bur\l. Ph 17055
DATE I ,JtJcu.cJJ..) \.{ I H if
tI ,
iiu~
Dawn B. Sun ay, Esqu re
Attorney for Defendant
10 . 41954
39 West Main Street
Mechanlcsburg, PA 17055
CLARENCE E. Wl1ITENIClIIT,
Plaintiff
IN Tim COllRT OF COMMON PLEAS
CUMBERl.AND COUNTY,
I)ENNSYl.V ANIA
v.
ANNE H. WHITENIGHT,
Defendant
NO. 94-3771
IN DIVORCE
CIVIL TERM
PRAECIPE TO WITlIDRAW DIVORCE COMPLAINT
ANI> PETITION FOR SPECIAL RELIEF
Kindly withdraw Plaintiff'. Divorce complaint and Pctltlon for Special Relief In the above
captioned matter.
~i+'(J~~
Clarence E. Whllenlghl, Pial Iff
\.
Dc orah K. Spertlcl
Attorney for Plainllff
Olackburn & Sperllcl
20 South Market Street
Meehanlcsburg, I'n. 17055
CLARENCE E. WHITENIGHT,
Plaintiff
v.
ANNE H. WHITENIGHT,
Defendant
I IN THE COURT m' COMt-(lN PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I NO. 94-3771 CIVIL TERM
I IN DIVORCE
l'RAOOIPB 'IO WI'1111lWf
ro THE PROTHONOTARYI
Please mark Defendant's Petition for Counsel Fee., costs and
Expenses and the Rule to Show Cause issued thereunder as settled and
withdrawn.
tJ<~~<-~/~CCAa
Palm 8. Sunday
Attorney 10 . 41954
39 West Main Street
Mschanicsburg, PA 17055
(717) 766-9622
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