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THIS AGREEMENT, made this ~ day of \2'41...--- , 2000, by and between
.
DONALD L. BITNER, residing at 207 East Walnut Street, Shlremanstown. ;.cumberland County,
Pennsylvania, hereinafter referred to as "HUSBAND," and PAMELA S. BITNER, 'residing at 712 Hummel
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Avenue, Lemoyne, Cumberland County, Pennsylvania, hereinafter referred to as "WrFE." '
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WHEREAS, the parties were lawfully married on July 12, 1997 and separated approxlmaiely six (6)
months later on January 23,1998; and
WHEREAS, In consequence of disputes and unhappy difficulties, the parties have agreed to live
separate and apart during their natural lives; and
WHEREAS, the parties are desirous of settling their existing property rights Including an amicable
equitable distribution, assignment and division of their property, which property Is considered to be "marital
property" as defined In the Divorce Code known as Act 26 of 1980, and amendments thereto enacted Into
law on February 12,1988; and
NOW THEREFORE, In consideration of the promises and the mutual undertaking herein contained
and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows:
1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from .
interference, authority, and control, direct and Indirect, by the other as If he or she were single and
unmarried.
2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern
all past, present, and/or future claims for alimony. support, counsel fees and costs, alimony pendente lite,
equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or
might have against the other except as set forth hereinafter.
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3. Divorce. A Complaint In Divorce was flied by HUSBAND In Cumberland County,
Pennsylvania on or about January 26, 1998, which action Is docketed to No. 98.427. Simultaneously with
the execution of this Agreement. the parties shall sign any and all documents necessary to obtain a Divorce
Decree under ~3301(c) of the Divorce Code, Including but not limited to, Affidavits of Consent, Affidavits
Waiving Marriage Counseling. and Waivers of Notice of Intent to Seek Divorce under ~3301(c) of the
Divorce Code. The parties Intend that this Agreement shall be Incorporated but shall not merge Into any
forthcoming Decree In Divorce.
4. Real Property. The parties acknowledge that there Is no real property In existence that can
be considered marital property. HUSBAND shall retain sole and exclusive possession of the residence,
specifically Including any equity and/or Increase In value therein, located at 207 East Walnut Street,
Shlremanstown, Cumberland County, Pennsylvania, which residence belonged to HUSBAND prior to the
parties marriage and which Is titled in HUSBAND'S name Individually. HUSBAND shail be solely
responsible for timely payment In full of ail bills In connection with the marital home, including but not limited
to the mortgage, taxes. Insurance, utilities, repairs, and general maintenance. WIFE hereby waives any
and ail right, titie, claim and/or Interest she may have in and to the property described above, and agrees to
sign any documents necessary to effectuate the provisions of this Paragraph.
5. Personal ProDerty. The parties have acquired certain personal property during the course of
their marriage, all of which has been divided to the parties mutual satisfaction. It is agreed that each party
shall retain all Items of tangible personal property currently In their possession as if It were their sole and
separate property.
6. Automobiles. Each party shall retain his or her respective automobile(s) as their sole and
separate property, subject to any liens and/or encumbrances thereupon, and each party further agrees to
waive any right, title or Interest he or she may have In the vehicle of the other.
7. Investment. Retirement and other Accounts. Each party shall retain as his or her sole and
separate property, any Individual retirement account, and/or retirement benefit plan (Including but not limited
to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401(k) plans,
employee savings and thrift plans, IRA's, or other similar benefits), whether vested or non-vested.. The
above shail specifically include a waiver of any spousal annuity benefits and/or beneficiary designations
thereunder. Each party shall retain any such Individual retirement account free and clear of any right, claim,
title and/or Interest the other may have or may have had In the past. Furthermore, each party shail be and
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remain the sole owner of any other asset In his or her control not specifically covered by other provisions of
this Agreement. Should It become necessary, each party agrees to sign any other IItle or documents
necessary to give effect to this section upon request of the other party.
8. A. Spousal S~port I Alimony Pendente Lite. There Is a Spousal Support Order
currently In effect through the Cumberland County Domesllc Relations Office, DR# 27-367, NO. 175
Support 1998. HUSBAND has been paying WIFE the sum of Sixty ($60.00) Dollars per week since March
4, 1998 via a wage attachment. Upon the execution of this Agreement, but In no event later than May 31,
2000, the parties agree that the Spousal Support action shall be withdrawn and terminated by WIFE. WIFE
shall notify the Domesllc Relations Office of the above, and that the wage attachment should also terminate
Immediately with a zero ($0.00) arrears balance.
B. Cash Payment to WIFE. HUSBAND shall pay to WIFE, the sum of One Thousand
($1,000.00) Dollars. Payment shall be as follows: HUSBAND shall pay WIFE One Hundred ($100.00)
Dollars per month for ten (10) consecutive months commencing In June 2000. At HUSBAND'S sole
discretion, he may pay WIFE the balance of the One Thousand ($1,000.00) Dollars owed at any lime prior
to June 30, 2000 in a single lump sum payment. In the event that HUSBAND pays WIFE the One Thousand
($1,000.00) Dollar amount prior to June 2000, HUSBAND shall not be obligated to make any addlllonal
payments to WIFE. The total of payments made to WIFE shall be One Thousand ($1,000.00) Dollars.
Payment shall be made directly to WIFE no later than the fifteenth (15th) of each month via check or
money order. In the event that HUSBAND Is delinquent more than thirty (30) days, WIFE may enforce this
Agreement through the Domesllc Relations Office. Upon HUSBAND'S payment to WIFE of the One
Thousand ($1,000.00) Dollars referenced above, HUSBAND'S financial obligation to WIFE shall forever
terminate. The parties agree that this section of their Property Settlement Agreement shall be shared with
the Cumberland County Domesllc Relallons Office so as to effectuate the provisions of this Paragraph.
Except as Inconsistent herewith, each party specifically waives any past, present or future claim for
spousal support, alimony pendente lite and/or alimony against the other party.
9. Health Insurance. WIFE Is currently covered under HUSBAND'S health and medical
Insurance policy through HUSBAND'S employer. WIFE understands that upon the entry of a Decree In
Divorce, she will no longer be entllled to such coverage, although she may be eligible for COBRA coverage
for up to thirty six (36) months. Upon the entry of a Divorce Decree WIFE shall be solely responsible for
securing and payment In full of her own health and medical Insurance coverage.
10. Bank Accounts. Any and all Joint bank accounts In the parties' names which existed at
separation have been previously divided to both parties' mutual satisfaction. There are no remaining
accounts that can be considered marital property subject to equitable distribution.
11. Credit Card Debt. There Is extensive credit card debt In existence, the majority of which Is
marital debt. MasterCard Number 5329001566086790 and VISA Number 4313011566086790, which
cards are titled In HUSBAND'S name. but which cards WIFE used on a frequent and regular basis; contain
approximately Thirty One Thousand ($31,000.00) Dollars worth of debt; $10,500.00 belonging to WIFE;
$17,000.00 In Joint debt; and $3,500.00 belonging to HUSBAND. HUSBAND has assumed and agrees to
continue to assume full and sole responsibility for repayment In full of all above-referenced credit card debt.
HUSBAND agrees to Indemnify WIFE and hold her harmless with respect to repayment of the above. WIFE
shall not utilize the above referenced credit cards and/or any other credit card belonging to HUSBAND at
any point in the future. Furthermore, the parties represent that there are no Joint credit cards In existence,
nor are there any Individual credit cards other than those referenced above, that may be considered marital.
or that may contain marital debt. Any credit card or other debt incurred by either party subsequent to their
separation on January 23, 1998 shall be the sole and separate responsibility of the party who Incurred It.
12. Miscellaneous Debt. Any debt not specifically listed In this Agreement or Incurred after the
date of separation (January 23, 1998) shall be the sole and separate responsibility of the party who incurred
It. Likewise, any assets acquired and not specifically referenced In this Agreement after the date of
separation (January 23. 1998) shall be the sole and separate property of the party who acquired It, unless
marital assets were used to acquire It, and such assets have not been disclosed.
13. Agreement Executed Voluntarllv and Clearly Understood. Each party to this Agreement
acknowledges and declares that he or she respectively:
A. If fully and completely Informed as to the facts relating to the subject matter of this
Agreement, and as to the rights and liabilities of both parties;
B. Enters Into this Agreement voluntarily, free from fraud, undue Influence, coercion or
duress of any kind;
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C. Has given careful and malure thought to the making of this Agreement;
D. Has carefully read each provision of this Agreement;
E. Acknowledges that there has been a full and fair financial disclosure by both parties,
and fully and completely understands each provision of this Agreement.
14. Release of All Claims. Each party releases the other from all claims, lIabllllles, debts,
obllgallons. acllons and causes of acllon of every kind that have been or will be Incurred. Any debt not
specifically referenced In this Agreement shall be the sole and separate responsibility of the party who
incurred It, and the debtor spouse agrees to Indemnify and hold the other spouse harmless with respect to
the same. Moreover, neither party Is relieved or discharged from any obllgallon under this Agreement or any
Instrument or document executed pursuant to this Agreement.
15. Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has
not Incurred and he hereby agrees that he will not hereafter Incur any liability or obligallon on which .she is or
may be liable. If any claim or action Is brought attempting to hold WIFE liable for any such liability or
obllgallon, HUSBAND shall, at his sole expense, defend WIFE against any such claim or acllon whether or
not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that
she has not Incurred and she hereby agrees that she will not hereafter Incur any liability or obllgallon on
which he Is or may be liable. If any claim or acllon Is brought attempllng to hold HUSBAND liable for any
such liability or obligation, WIFE shall, at her sole expense. defend HUSBAND against any such claim or
action whether or not founded, and she shall hold him free and harmless therefrom.
16. Additlona/lnstruments. The parties shall, on demand, execute and deliver to the other, any
document, and do or cause to be done, any other act or thing that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If either party falls, on demand, to comply with
this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably
incurred as a result of such failure.
17. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do
acknowledge and agree that each Is satisfied with the financial disclosures made from the other. The parties
acknowledge that although within their right to request, no formal discovery was done In this case, and that
they are satisfied with and cognizant of the wealth. Income, real and/or personal property, whether Jointly or
Individually titled, estate and assets of the other, and any further enumeration or statement thereof In this
Agreement Is hereby specifically waived. The parties do not wish to make or append hereto any further
enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself
that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter
sue the other or his or her heirs, personal representatives or assigns, In any action or contention, direct or
Indirect, that there was any absence or lack of full and proper disclosure. The parties specifically
acknowledge that they have been advised by their Individual counsel of their right to seek such discovery,
however have elected to waive the same. Further, both parties waive their right to have the Inventory or
financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be
subject to modification by the Court.
18. Representation of the Parties. HUSBAND Is represented by Johnson, Duffie, Stewart &
Weidner, in connection with the negotiation and preparation of this Agreement. WIFE Is represented by John
M. Glace, Esquire. Each party has carefully read this Agreement and Is completely aware not only of Its
contents but also of Its legal effect. Each party acknowledges and accepts that this Agreement, in the
circumstances. Is fair and equitable, and that It Is being entered Into freely and voluntarily, and that the
execution of this Agreement Is not the result of any duress or undue Infiuence, and that it Is not the result of
any improper or Illegal Agreement and/or Agreements.
19. Waiver of Rights to Other Party's Estate. Except as provided for herein, HUSBAND and
WIFE each waive any and all right:
A. To Inherit any part of the estate of the other at his or her death, except as provided
herein;
B . To receive property from the estate of the other by bequest or devise except under a
Will or Codicil dated subsequently to the effective date of this Agreement;
C. To act as personal representative of the estate of the other on Intestacy unless
nominated by another party legally entitled to so act;
D. To act as the personal representative under the Will of the other unless so nominated
by a Will or Codicil dated subsequently to the effective date of this Agreement;
E. To claim a family allowance In the estate of the other.
20. Containment of Entire Agreement Herein. This Agreement supersedes any and all other
Agreements, either oral or In writing, between the parties relating to the rights and tlabllltles arising out of
their marriage. This Agreement contains the entire agreement of the parties.
21. Partial Invalidity. If any portion of this Agreement Is held by a Court of competent
Jurisdiction to be Invalid, void, or unenforceable, the remaining provisions shall, nevertheless. continue In full
force and effect without being Impaired or Invalidated In any way.
22. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement
shall be Incorporated Into any Divorce Decree which may be entered with respect to the parties. This
Agreement shall survive any such final Judgment or Decree of Divorce. Both parties shall have all rights and
enforcement under applicable law Including the Pennsylvania Divorce Code. This Agreement shall also
remain In full force and effect even If the parties effect a reconciliation, cohabitale as Husband and Wife, or
attempt to effect a reconciliation.
23. Modification. This Agreement shall not be subject to modification except as In accordance
with Pennsylvania law and with a writing between both parties evidencing their Intent to modify the
Agreement.
24. 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 not be construed as a waiver of any 'j
subsequent default of the same or similar nature.
25. Attorneys Fees and Expenses. Each party shall be responsible for their own attomeys fees
and expenses.
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26. Mutual COQporalilm. Each of the parties shall, on demand, execute and deliver to the other,
any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or
cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and
purposes of thl~ Agreement. If either party falls on demand to comply with this provision, that party shall pay
to the other all altomey's fees, costs and other expenses reasonably Incurred as a result of such failure.
27. Bankruptc;y. Each of the parties acknowledges and agrees that with respect to the liabilities
each Is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his
or her respective obligations from Income or property not reasonabiy necessary to be expended for such
party's maintenance and support or for the maintenance and support of such party's dependents. Should
either party file a Petition under Title XI of the United States Code, or should a petition be filed against either
Involuntarily. each party acknowledges and agrees that the discharge of the debtor party's obligations under
this Agreement will not result In a benefit to the debtor party that outweighs the detrimental consequence to
the non-debtor party.
28. Law of Pennsylvania Appffcabie. This Agreement shall be construed In accordance with
the laws of the Commonwealth of Pennsylvania.
29. Date of Agreement. The effective date of this Agreement shall be the date on which the last
party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise. the
effective date will be the date that both parties execute the Agreement If they execute on the same date.
30. Successors and Assigns. This Agreement, except as otherwise expressly provided herein,
shall be binding on and shall inure to the benefit of the respective legatees. devisees, heirs, executors,
administrators, assigns and successors and Interest of the parties.
IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and
year first above written.
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~ALD L. BITNER, SR.
(V7?~fe .J g~
AMELA S. BITNER
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~~.
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On this, the \ ~ '\)l\day of ~ . 2000, before me the undersigned officer, personally
appeared DONALD L. BITNER, SR., known to me or satisfactorily proven to be the person whose name Is
subscribed to the foregoing Instrument and acknowledge that he executed the same for the purposes therein
contained,
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Pul:lti '
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF c:?pm~~.t IP#.P
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NOTARIAL SEAL
DIANNE LENIG, Nolaiy Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21, 2001
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On this, the ~ day 01 _;;.v~ ,2000, before me the undersigned officer, personally
appeared PAMELA S. BITNER, known to me or satisfactorily proven to be the person whose name is
subscribed to the foregoing Instrument and acknowledge that she executed the same for the purposes therein
contained. I
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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lXlNAW L. Bl'lNER,
IN WE COURT OF COolMON PLEl.S OF
CUMBERLAND COUNI"f. PENNSYLVANIA
NO. 98-427 CIVIL TERM
Plain tiff
vs.
PAMElA S. BI'INER,
Defendant
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 Section 3301 (cl
~~ of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the canplaint: Certified Mail. Restricted Delivery,
to the Defendant nn Januarv 26. 1998 and received bv Defendant on Februarv 4. 1998..
3. canplete either paragraph A. or B.
A. Date of execution of the affidavit of consent required by Section
3301 (cl of the Divorce Code: by the plaintiff
July 10, 2000
by the defendant
July 14, 2000
B. (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
The Property Settlerrent Agreerneint dated July 10, 2000
shall be incorpJrated into the Decree in Divorce.
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code Waiver of Notice siqned by Plaintiff on July 10, 2000
and bv Defendant on Julv 14. 2000.
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Attorney for' Plaintiff/~~
Keirsten W. Davidson Atty. 1.0. # 78243
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Johnson, Duffie, Stewart & Weidner
By: Keirsten L. Walsh
1.0. No. 78243
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvunill 17043-0101)
(717) 761-4540
Allomeys for PllIinti ff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. qp-.J.j~ 7 CIVIL TERM
DONALD L. BITNER,
v.
CIVIL ACTION - LAW
PAMELA S. BITNER,
Defendant
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 fall 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 pages 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 at the
Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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Johnson, Dume, Stewart & Weidner
By: Keirsten L. Walsh
1.0. No. 78243
301 Market Street
P. O. Box 109
Lcmoyne, Pennsylvania 17043-01 09
(717) 761-4540
Attorneys for Plaintiff
DONALD L. BITNER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9P-Jy~ '1 CIVIL TERM
CIVIL ACTION - LAW
Plaintiff
v.
PAMELA S. BITNER,
Defendant
COMPLAINT IN DIVORCE
UNDER SECTIONS 3301(1<) OR 3301(ct,1 OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Donald L. Bitner, by and through his attorneys, Johnson, Duffie,
Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Pamela S. Bennett:
1. The Plaintiff is Donald L. Bitner, an adult individual, residing at 207 East Walnut Street,
Shiremanstown, Cumberland County, Pennsylvania 17011-6768.
2. The Defendant is Pamela S. Bitner, an adult individual, who is currently residing at 207 East
Walnut Street. Shiremanstown, Cumberland County, Pennsylvania 17011-6768.
3. The Plaintiff and Defendant were married on July 12, 1997, in New Cumberland, Cumberland
County. Pennsylvania.
4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania at least six months immediately prior to the filing of this Complaint.
5. There has been no prior action for divorce or annulment of marriage between the parties in this
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Johnson, Dume. Stewllrt & Weidner
By: Kcirstcn W. Duvidson
!.D. No. 78243
301 Markct Strcct
P. O. Box 109
Lcmoync. Pcnnsylvunia 17043-0 I 09
(717) 761-4540
Alloll1CYS for Plninli ff
DONALD L. BITNER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-427 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
~
Plaintiff
v.
PAMELA S. BITNER,
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(q) OF THE DIVORCE CODE
1. I consent to the entry of a final decree In divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
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3. I understand that I will not be divorced until a divorce decree Is entered by the Court and that a
copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
Date: '7 - III - tJt)
Q,.....,LI ~ ,/i;-L~-L
Donald L. Bitner, Plaintiff
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DONALD BITNER,
PlaintilT
IN THE COURT of COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
PAM BITNER,
Defendant
No.
98 - 427
CIVIL ACTION - DIVORCE
.Jtffiaavit of Consent
I. A Complaint in Divorce was filed under Section 330] (c) on Jan. 26. 1998 and
served on Jan. 26. 1998.
2. The marriage of the Plaintitrand Defendant is irretrievably broken and ninety (90) days
have elapsed from the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce without notice
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
S. I have been advised of the availability of marriage counseling and I understand that I
may request that the Court require that my spouse and I participate in counseling prior to
a Decree in Divorce being handed down by the Court,
I verifY that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904
relating to unsworn falsification to authorities,
July 14. 2000
Date
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Pam Bitner
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By: Kcirstcn W. Davidson
1.0. No. 78243
30 I Markct Strcct
1'. O. Box 109
LCll1oync. Pcnnsylvania 17043-0 I 09
(717) 761-4540
Allomcys for I'lainti ff
DONALD L. BITNER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-427 CIVIL TERM
Plaintiff
v.
CIVIL ACTION - LAW
PAMELA S. BITNER,
IN DIVORCE
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Kindly withdraw the Count for Equitable Distribution within the Divorce Complaint filed on January
26, 1998 in the above-captioned action.
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: April 4, 2000
BY:~w.Chh
Keirsten W. Davidson
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301 Markcl Strcct
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Attorncys for Plainti ff
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-427 CIVIL TERM
CIVIL ACTION - LAW
DONALD L. BITNER,
v.
PAMELA S. BITNER,
..
IN DIVORCE
.
Defendant
CERT/F/CA TE OF SERVICE
I hereby certify that on the 10'h day of March, 2000. that I served a true and correct copy of Plaintiff's
3301(d) Affidavit and Notice of Intention to Request Entry of ~3301(d) Divorce Decree upon the Defendant,
Pamela S. Bitner, by certified mail, restricted delivery, to her mailing address at 712 Hummel Avenue, 1" Fl.,
Lemoyne, PA 17043. return receipt requested, attached hereto and made a part hereof.
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JOHNSON, DUFFIE, STEWART & WEIDNER
Date: April 4, 2000
By:~lJ.~
Kelrsten W. Davidson
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SOCIAL SECURITY INFORMATION Sf-IEET
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PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE:
April 4, 2000
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DOCKET NUMBER: 99-427
PLAINTIFF/PETITIONER SS# 206-32-2512
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NAME:
Donald L. Bitner
DEFENDANT/RESPONDENT SS # 182-46-4435
NAME:
Pamela S. Bitner
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By: Keirsten W. Davidson
I.D. No. 78243
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0 I 09
(717) 761-4540
Attorneys for Plaintiff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-427 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
DONALD L. BITNER,
v.
PAMELA S. BITNER,
Defendant
COUNTER-AFFIDA V!T UNDER SECTION 3301(c{l OF THE DIVORCE CODE
1.
Check either (a) or (b):
+- (a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
Check (I), (Ii) or both:
(i) The parties to this action have not lived separate and apart for
a period of at least two years.
The marriage Is not irretrievably broken.
(Ii)
Check either (a) or (b):
(a) I do not wish to make any claim for economic relief. I understand that I may
lose rights concerning alimony, division of property, lawyer's fees or expense!!--
if I do not claim them before a divorce Is granted.
I wish to claim economic relief which may include alimony, divIsion of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims with the
Prothonotary In writing and selVe them on the other party. If I fail to do so before the date set forth on the
Notice of Intention to Request Divorce Decree. the divorce decree may be entered without further delay.
2.
-/.-(b)
I verify that the statements made In this counter-affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date:
o
CI1z~t, f4 ~~
, PAMELA. BITNER, Defendant
NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make
any claim for economic relief, you should not file thIs Counter-Affidavit.
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By: Kcirstcn W. Davidson
I.D. No. 78243
30 I Mlnkcl Slrcct
P. O. Box 109
LCl11oYl1c, Pcnl1sylvlInia 17043-0 I 09
(717)761-4540
Allomcys lor Plaintiff
DONALD L. BITNER.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-427 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Plaintiff
V.
PAMELA S. BITNER,
Defendant
NOTICE TO PAMELA S. BITNER
If you wish to deny any of the statements set forth In this Affidavit, you must file a Counteraffidavil
within twenty (20) days after this Affidavit has been served on you or the statements will be admitted.
AFFIDAVIT UNDER SECTION 3301 (dl
OF THE DIVORCE CODE
1. The parties to this action separated on or about January 26, 1998 and have continued to live
separate and apart for a period of at least two (2) years,
2. The marriage is irretrievably broken.
3. 1 understand that I may lose ri9hts concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit 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: o/~ ? <"'0
GJd>..tfl;C /jdw---4
Donald L. Bitner, Plaintiff
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