The URL can be used to link to this page

Home My WebLink About98-01115 ", ADLER & CLARA V AI. A'J"I'OIINHYS ,\'1' !.AW m !.OClIST STlIHIiT 1',0, 1I0X II'JJ3 IIAIIIIISlIlIKO, 1'liNNSY!.VANIA 1711lK,19.13 THLliI'llONIl (717) 23>1,32K') !'AX (717) 23O\.lr.70 nVEKNIl;II1' MAli. AJlJlK~:SS: 12' LOClIST smIHrr IIAHIUSIIUHO, I'HNNSYI.VANIA 171111 I.HWIS I', AIJI.IHI 1I1).!!121W1 IJA VIlJ S. KOliN 1I".!!.C!~1 KOliN AND Allum (IQJH%lll KOliN, AllLEK '" AIJI.EK lIQf-l).!I)IUI OF COUNSEL 'I1MOTI IY 1', NICIIOLSON ,I I.OlJlS J, Allum HOIIEKT I', CLAKA VAl. WII.UAM I.. AIJI.EK CHAIG I, Alll.ml' .AU~() AIJMl'rrl:lJ TI} I'HALllel: IN NI November 25, 1998 Re: i,tner v. Bitter No. 98-1115 Civil Term Honorable Edward Guido Cumberhmd County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Judge Guido: To confirm my conversation with your secretary. I have resolved the issue raised in the Petition filed and therefore a hearing will not be necessary, Enclosed is a copy of the Praecipe filed withdrawing the Petition, I have notified opposing counsel. . .\ , I Thank you for your courtesy. Sincerely yours, j , ~ Louis J, Adler UA:md Enclosure pc: Dianc G. Radcliff, Esquirc Gina K, Bittncr ," !'-' II I . , ''''. , . ,~. ADLER &: CLARA V AL I\lTgMY.S~! LAW i25 lOCUST. SlREET " ' P,O, BOX H933 ,~, PE!lNM.VANIA m08.1933 ,j' . '". ',', 'CEI'lTIF!E"C01'.Y/i,\;:::,;;;l~tr", ,;I, .~~.,-:~~;),~,;..;~i~,~;';:.~~~~~i;jh~;':.~.V~f~~::";~~El~~f!~1~, ' DOUGLAS E. BITTNER, Plaintiff ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1115 CIVIL TERM ) GINA K. BITTNER, Defendant CIVIL ACTION -- LAW DIVORCE P RAE C I P E please withdraw the Petition for Special Relief filed on November 9, 1998, and discontinue the hearing set for December 4, 1998, with the Honorable Edward Guido. Date: II h.,lC,b 1 (') fr- Louis J. Adler, Esquire Attorney for Defendant/Petitioner ADLER & CLARAVAL 125 Locust Street P. 0, Box 11933 Harrisburg, PA 17108-1933 (717) 234-3289 Attorney I.D. No. 07040 n ; , '.r, ;;.) t} on fI' <~1 ;'>., L:, 'I , ij2] J;Tl I i:J l{l.) "" j :_IJ ;..( ) : ~rn ::-~;l ~.j ~~ :.:l :., (~ LOUIS J. AIlI.E11 1l0DIlRT 1', CtARA V AL WII.I.IAM I.. ADI.E11 CR^,O I, ADWR' .^U~O All"Urn:1l 'to I'RACTICI! IN NI ADLER & CLARA VAL A'-I'ORNIlYS AT tAW m WCIIST STllmlT 1'.0, 1I0X 11933 JlAIl/l/SIIIIRO. 1'llNNSYLVANIA 1711I8-1933 TlltlH'JlONIl (717) 234-3289 "AX (717) 23.1.1671J llVERNIGJlT MAli. AIlIIIU~o;s: 12S I.OCUST STRlmT IIARRISIIURO, l'IlNNSYI.VANIA 17\l11 December 3, 1998 E, Robert Elicker, II, Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 Re: No. 98-1115 Civil Term Bittner v. Bittner Dear Master Elicker: Enclosed is Defendant's pre-trial statement as directed. Yours very truly, ~ Louis J, Adler UA:md pc: Diane G, Radcliff, Esquire tllWIS 1', AIJtl!R (llJ.1!:.l2K41 IlA VID S, KOliN (Iij~R..1 KOliN AND ADLER lIlJ)4.I9W) KOliN, ADtllR & ADLER (llHlO.IQRI) OF COUNSEL 'nM011lY 1', NICHOLSON DIANE G. RADCLIFF 3448 Trindle Road Camp Hill, Pennsylvania 17011 Telephone (717) 737-0100 Voice Mail (717) 558-5518 Fax (717) 975-0697 December 4, 1998 Cumberland County Prothonotary Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Bittner v. Bittner Dear Sir or Madam: I am enclosing with this letter an original and one copy of the following documents for filing with your office: 1. Plaintiff's Inventory 2. Plaintiff's Income and Expense Statement I would appreciate it if you would file the original of these documents with your records and time stamp and return the copies to this office in the envelope provided. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosures cc: E. Robert Elicker, II, Esquire Louis J. Adler, Esquire Douglas Bittner " '" SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa. C. S .A. SECTION 4304.1 () (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY/S OFFICE. DATE October 6/ 1999 DOCKET NUMBER 98-1115 PLAINTIFF'S NAME Douglas E, Bittner PLAINTIFF/S SS # 174-46-511:5 . DEFENDANT/S NAME Gina K, Bittner DEFENDANT/S SS# 179-50-6278 ..... M M en W ~ Do: I H '" ::> 0 ~ Ql ~ ~ Ul .... 0 W E-t ~ ~ 0.... ..:lW ~ 00:~ O:::W H ~O Do: :>Do:MoO: ..:loO:Do: W 00: E-tM a.. U..:l 00: ..:l Do:Ulen o Wa.. 0 00: ~ 00:E-t..:l 0::: ..:lE-t~t!l Do: 00: 0 . Uul Do: Z..:l ::>X::> . >t H ~ ,., o.l:IUOl!l t!lWDo:H Ol!lUl ZE-t:I: ul Do:..:l H WDo: H W . Do: ZO"'a.. ::> ..:lll'lODo: 00:E-t'<l'~ 0 QN t,:t HE-t'<l'.o: ..:l .o:~a..:I: O.o:MU .. GI .. .. M GI CIl ~ .. M III ~ CIl ~ :I III 0 ~ ~ .... GI - ~ w", i! w'- GI 0;", ~ c oiij~ U w'- ~c .. -'" >~~ 0 en> ._ w >~- Cli5c .- Q) ~ Cl>c ...cw o c 0"'0. ...cw J: . o '" a. GI.c:w J: . U1::Cii GI.c:w =~~ U1::Ui .- 0= 0",(.') :Zm 0",(.') .,....,... -,.......;,.. -...t_.._ '..........1'. , , ~'~***'~**~~~~~'~'**~~~*-~-'*:'*::~:'*;'~~'*~~~ . ... '.-...'" ...-....-....-,-'"""..-........---..,...........-,,-..~-'-........,----........--------..............----.-......-..-..--------'"-----...-----..... -- .' ~ ~ ~ ^ ~ ~ ~ IN THE COURT OF COMMON PLEAS $ * ~ , ~ OF CUMBERLAND COUNTY ~ ft~~~ PENNA. ~,<~;.;. ~ :1 "1 * ~ " STATE OF ~ w ',' ,POUGLAS E" BITTNER, il Plaintiff N o. ~,e.:~l~,S...,c:IVr.r,....:r,?~M 19 w 0;; \'PI'~IlS I " , ~ GINA K, BITTNER, ,i w ',' Pefendant :[ w ',' .' ,', ~ ~ '.' DECREE IN D I V 0 R C E c.:;r ~:Itf..'~' AND NOW, .. .. ,O~, J.~.. .. .. ". 19 !~.. " it is ordered and decreed that """'" P'qVl;>M<;, 1"" .IH';I'mJ;:~, , , , , , , , , , , , , , , , , '. plaintiff, and,........,....", ..GINA ,1,(" EI'l'TNEI?........,..,...."... defendant, are divorced from the bonds of matrimony, w ',' w ... ~ ~~ w ~.' ~ ~ .'~ ;', ~ W ',' ~ ~.' ~ ~.' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ,;, ~. w ~.' IJo, issues, a,re ,outstand~ng" , ,All, issues, have, been, ,r.eso1ved ,and, settled, by, the pq.n~'111', ,f1'1l;>;i,'19~ ,S~t,t,l,eJ11eAt, 1\9,rl'I'I111'nt, d<lted, l>eP~ell1Q'1J;' ,~~" ,~9.9.9." ,Ul,~C\ ,oJ, ,r,e,cord and incorporated but not merged into this w ',' w ~.' ~ .', ~.~ !' ~ ,~ Dy Th ~ .' ~ ~ ~ ~ ~ ?:--- ..r..:, ':.0:', ':.0:' Allest: Prothonotary '-..----- .....'-~-.... ... ........-.___......_.....__.", -... _. ~ ,~.., ...._. I ~ ~*--~~*-**~******~~~-~. ..,.... J, ~ ,'~ ~ ,', ~ ~ ~.: ,', ~ ~ '.' ~ ~.~ ~ ~ ~.' ~ ~.~ ,', ~ ,', ~ f:~ ,', ~ ~ ~.~ ~ ',' ~ ~.~ ..:~ ~ ~ :.~ ~ ;.~ ~ ~ ~.~ * ~ ~ ',' * ~ ~ ',' ~ ~ ~ ',' '.', ~ s I(; ',' * , " . /~'/0$o/ tk,{ a)o''p: "I(a~ 7tJ ~af ~d"~ /.t';/~~f' 'lkt~.i! ma4;-t ~ ~ ~&". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COm,TY, PENNSYLVANIA DOUGLAS E. BITTNER, Plaintiff v, NO. 98-1115 CIVIL TERM CIVIL ACTION - LAW DIVORCE GINA K, BITTNER, Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 1J,J day of ~, 1999, by and between GINA K. BITTNER ("WIFE") of 11 KEVIN COURT, C&~P HILL, Pennsylvania and DOUGLAS E. BITTNER ("HUSBAND") of P.O, Box 33, Mechanicsburg, Pennsylvania WIT N ESE T H : WHEREAS, the parties hereto are husband and wife, having been married on February 9, 1980 in Goldsboro, York County, this marriage: Pennsylvania. There were two children born of Austin R, Bittner, born June 28, 1984, Eric F. Bittner, born September 19, 1985. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real DIANE G, RADCLIFF 3ol-18 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 1 of 26 . ; , ~ I ) I! \ , .., . \ . I j ~, " I, i , I i ~ l~ " and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of ~liEe by Husband or of Husband by NiEe; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBI,E: The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute 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 Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. DIANE G, R,\DCLlFF 3448 TRINDlE ROAD CA~IP fUll, PA 17011 (717) 737-0100 3. DIVORCE DECREE: The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce Page 2 of 26 ., ,1 , , "\ . ,\ , I , I ~~ ,Ll If) I J I " J..~~ DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HlLL, PA 17011 (717) 737~1I00 decree in Husband'S Cumberland County divorce action docketed to number 98-1115 Civil Term filed on March 2, 1998, Upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to f inali ze said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 4. EFFECT OF DIVORCE DECREE: Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. G . NON - MERGER: This Agreement shall not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Page 3 of 26 If , Ii l' \ I~ t.; " .1, Ii ~ : " 'I 8 . IllS.TRIml'l'~OlLDA'l'E.:. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 9. ADVICE OF COUNSE~ The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE, for DOUGLAS E. BITTNER, and LOUIS J. ADLER, ESQUIRE, for GINA K. BITTNER. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that is, in the this Agreement circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. FINANCIAL DISCLOSURE: The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets which has been provided to each party. DIANE G, RADCLIFF J4-l8 TRINDLE ROAD CAMP HILL. PA 17011 (717) 7J7,OllXl Page 4 of 26 11. DISCLOSURE-AND.JlAIYElLO~IllIRAL-RmHl'S...:. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation (said inventory having been previous filed by both parties and a copy thereof provided to the other party), and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement, Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby aCknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. The right to obtain any additional inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code, the parties aCknowledging that an inventory has been previously filed by both parties and a copy thereof provided to the other party. e RADCLIFF ;OLE RO,\O ,L, PA 17011 1100 Page 5 of 26 , , I, I." b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, the parties acknowledging that an Income and Expense Statement has been previously filed by both parties, except in instances where said income and expense statement is hereafter required to be filed in any child support action or modification of any order entered in said action, c. The right to have any discovery as may be permitted by the Rulee of Civil Procedure, except rights of discovery arising out of breach of this Agreement or arising out of any child support action, d. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, e. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 12. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings. rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter Wife DIANE G, RADCLIFF 34-18 TRINDLE ROAD CAMP lULL, rA 17011 (717) 737-01110 Page 6 of 26 j , It-.; lj " ill I, :, " ,I , I.:', , ,. agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 13. AFTER-ACOUIRED PROPERTY, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since February 12, 1998, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 14. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, they agree as follows: a. 1988 Ford Bronco shall be the sole and exclusive property of Wife. b. 1995 Plymouth Neon shall be the sole and exclusive property of Husband, The parties' 1988 Ford Conversion Van shall be sold at the best price obtainable in light of the van's current condition and its estimated fair market value. The net c. proceeds derived from said sale, after payment of any and DIANE G, RADCLIFF 3448 TRlNDlE ROAD CAMP Hill, PA 171111 (717) 737,lllllll Page 7 of 26 . ,\ , I ! ~, I~ ! , , all sales costs, shall be applied to the following in order of priority: 1. Payment to Husband as reimbursement for any costs that he has incurred for maintaining and selling the van including, but not limited to, advertising costs, insurance, registration, maintenance and the like; 2. Payment of any outstanding utility bills that were incurred during Wife's sole occupancy of the parties' marital horne, which if that payment included reimbursement for Husband'S payment of the utility bills set forth in subparagraph 3, Above, Wife would be absolved from the obligation set forth in subparagraph 3.; 3. Payment to Husband as reimbursement for the amounts he previously paid on any utility bills that were incurred during Wife'S sole occupancy of the parties' marital home,; 4. Payment to each party of 50% of the remaining proceeds, if any. d. Husband shall manage the sale of the van and shall contact Wife as soon as an reasonable offer to purchase the van has been received by him and shall provide her with information pertaining the proposed to sales/purchase price. e. The parties shall accept any reasonable offer to purchase the van in light of its current condition and estimated fair market value, and shall execute any and all DIANE G, RADCLIFF 34-l8 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 8 of 26 I, , " . ( , , documents necessary to complete the sale and transfer title of the van to the buyer thereof upon payment of the purchase price, f. Distribution of the proceeds from the sale shall be made by the parties in accordance with the provisions of this Paragraph within five business days of the sale. The titles to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance, Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 15. DIVISION OF REAL ESTATE: The parties are the owners as tenants upon the entireties of a certain tract of improved real estate known and numbered as 204 Creekwood Drive, Camp Hill, Pennsylvania ("the Real Estate") which is subject to a first mortgage with Columbia National Mortgage with an estimated balance of $100,000,00 ("the Mortgage") and a DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP fULL, PA 17011 (717) 73HlIllO Page 9 of 26 , " :;i~ home equity loan owned to Member's First with an estimated balance of $30,000,00 ("the Home Equity Loan"). The Real Estate is currently unoccupied and listed for sale. With respect to the Real Estate, the Mortgage and the Home Equity Loan, the parties agree as follows: a. The parties shall continue to maintain the listing of the real estate with current realtor or such other realtor as b. they shall mutually agree who shall market the same so that it can be sold at the best price obtainable, Upon the sale of the real estate, the net proceeds derived therefrom be divided and distributed in the following order of priority: 1. Payment of all normal and reasonable settlement cost, including, but not limited to, payment of the mortgage and home equity loan, and any other outstanding liens, real estate commission, real estate taxes, deed preparation and the like; 2. Reimbursement to Husband of the actual cost of any repairs or maintenance that he has performed on the home located on the real estate on or after June 10, 1998; 3. Reimbursement to Husband any and all Member's First home equity payments made by him on or after June 10, 1998; 4. The remaining balance, if any shall then be equally divided between the parties. c. The foregoing notwithstanding it is acknowledged by the parties that the sale of the real estate is not DI,\NE G. IIADCLIFF 3448 TIUNDLE 110,\0 CAMP IIILL, I'A 171111 (717) 737,IJIIllI Page 10 of 26 , , , ) ~ ; , ,\ , 1 j , DIANE G. RADCLIFF 344B TRINDLE ROAD CAMP IIILL, PA 171111 (717) 737,111011 anticipated to derive sufficient proceeds to pay the Mortgage and the Home Equity Loan in full, The parties shall nonetheless execute any reasonable sales contract necessary to sell the Real Estate at a price sufficient to pay the Mortgage in full, subject to the condition that shouJ,d the proceeds be insufficient to pay the Mortgage and/or the Home Equity Loan, and the lenders for those obligations should refuse to release the Real Estate from the lien thereof, the real estate sales contract shall be canceled and any monies paid by the buyer on account of the purchase price shall be refunded to the buyers. 16. EACH PARTY RETAINS OWN PENSION PLANS: Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, profit Sharing Plan, 401-K plan, Keogh plan, Stock Plan, Tax Deferred Savings plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Sclvings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. As clarification for the foregoing, the parties acknowledge and agree that Wife shall receive as her sole and separate property her Pennsylvania State Retirement and Husband shall receive as his sole and separate property his Civil Service Retirement, Page 11 0 f 26 DIANE a, RADCLIFF 3448 TRINDLE ROAD CAMP lULL, 1'.1 17tlll (717) 737,tlllXl 17 . D.IY..ISION_OF_llANlCACCQ,UN'l'SLS,T.Q_CK/.LIEE-INS,t1RANCE.I, The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter Wife agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Husband shall become the sole and separate property of Husband; and Husband agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof, 18. WAIVER OF INHERITANCE, Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party, 19. WIFE'S DEBTS, Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any Page 12 of 26 DIANE G. RADCLIFF 3448 TRINDLE ROAD C,IMP IIILL. PA 17011 (717) 737.0100 debt or liability for which Husband or his estate might be responsible and Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement, for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 20. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible and Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement, for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 21. MARITAL DEBT, During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the bills were incurred, the parties agree as follows: a. Wife shall be solely responsible for the following bills and debts having the following approximate balances as of the date of the marital separation: 1. 2. City Bank Visa CoreStates $9,317.00 $5,987.00 Page 13 of 26 3 . PP&L $ 150.00 4. PP&L $ 476.00 5. PSECU $9,000.00 6. Any and all credit cards, loans and other obligations currently carried in Wife's sole name. b. Husband shall be solely responsible for the following bills and debts having the following approximate balances as of the date of the marital separation: 1. Associates 2. Boscov's $ 760.00 $ 670.00 $ 3,230.00 $ 765.00 $ 1,185.00 $ 323.00 $ 600.00 $ 955.00 $ 3,369.00 $30,000.00 3. Discover Card 4. Exxon 5. Lowes 6. Norwest Finance 7. Texaco 8 . Sears 9. IRS 1997 income taxes 10. Home equity loan 11. Any soccer liability arising before the date of separation 12. Any and all credit cards, Undetermined loans, and other obligations currently held in Husband's sole name. c. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. d. Any joint debt shall be canceled so that neither party can make any further charges thereunder and if said DIANE G. R.IDCLIFF 3448 TRINDLE ROAD CAMP HILL. Pol 17011 (717) 737~1I11() Page 14 of 26 ,". charges are made in violation of this Agreement than the party incurring said charge shall immediately repay the same. e. Any liability not disclosed in this agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party in~urring or having incurred said debt shall pay it as it becomes due and payable. f. From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 22. ~RUPTCY: The parties hereby agree that the provisions of this Agreement as between the parties shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations as between the parties contained herein and any obligation assumed hereunder for which the other party may be liable. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations specifically assumed hereunder for which the other party may be liable, said bankruptcy filing and discharge shall be deemed to be a default of this Agreement thereby entitling the other party to all rights and remedies set forth in this paragraph or otherwise set forth in this Agreement. This paragraph is not applicable to any deficiency arising under the first mortgage. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737.UIOO Page 15 of 26 23 . B..<lCIAL-SEmlRI.'l'LBENEEI'l'SJ. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 24. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 25. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL.I'A 17011 (717) 737.IJIOU Page 16 of 26 ) I , I , > . ,~ ....; n ) I 26 . WAIY.ElLO.F...ALIMONL-S.E.o.usALJlJ1~.s.T.s.L Except as set forth in the following subparagraphs, the parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs: a. The foregoing notwithstanding, the parties agree that the current order for spousal support for Wife in the amount of $156.00 per month in the Cumberland County support Action docketed to No. 346 S 199B, pacses No. 032100104, shall continue in full force and effect until the entry of the decree in divorce between the parties. b. Effective the date of the divorce decree, the support order shall be converted into an order for alimony for Wife pursuant to which Husband shall pay Wife alimony at the rate of $156.00 per month. c. The alimony payments aforesaid shall continue until the earlier occurrence of any of the following events or dates: 1. June 1, 2002; 2. The date the parties' child, Austin R. Bittner, graduates from high school; 3. The remarriage of Wife; 4. The cohabitation of Wife with a male person not related to her by blood; 5. The death of either party; d. The alimony shall be reported by Wife as income on her applicable income tax returns and shall be reported as a DIANE G. R.\DCLlFF 3448 TRlNDLE ROAD CAMP HILL. I'A 17011 (717) 737-01lXI Page 17 of 26 deduction from income by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. e. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court.: or the parties absent mutual written agreement of the parties. f. The alimony payments provided for herein shall be payable and enforceable through the Domestic Relations Office. 27. CUSTODY, The parties acknowledge that they have heretofore entered into a custody stipulation pertaining to the custody of their two children and, they agree that the terms of that stipulation shall govern the parties' custodial rights pertaining to their children except as otherwise modified herein. 28. CHILD SUPPORT, The parties acknowledge and agree that there is an existing a child support order entered in Cumberland County, Pennsylvania docketed to No. 346-S-199B, PACSES Case No. 032100104 requiring Husband to pay Wife the amount of $131.00 per month in child support. This Agreement is not intended to make any provisions pertaining to the support of the parties minor children. Rather, all the determinations of child support shall be made in the above referenced support action. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737'() 100 Page 18 of 26 ,. ,- , , ~ , I i j .. il:.... , , DIANE G. R.IDCLlFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737.()100 30 . MEIll.CAL-INS.t1RANCEJ. Hereafter Wife shall provide the medical insurance coverage for the parties' children as is provided to her through her employment at a reasonable cost. Currently Wife has no costs for that insurance. Any cost for that insurance hereafter incurred by Wife shall be shared by the parties in the same percentages as the sharing of medical bills as ordered by Domestic Relations in accordance with current guidelines. In the event it is ever determined that Wife's costs for medical insurance exceeds the costs that Husband would incur if he carried the medical insurance for the Children, then Husband shall provide that medical insurance instead of Wife and the costs therefor shall be shared by the parties in the same percentages as the sharing of medical bills as ordered by Domestic Relations. 31. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Page 19 of 26 ,--_ ._".. _,.:a., 31 . MU'l'J1AL.-RELEASES.1. Hushand and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of any from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP fULL. PA 17011 (717) 737-0100 Page 20 of 26 , ~-: n I I r i " .1-"". DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IIILL. Pol 17UII (717) 73741100 a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 32. WAIVE1LQF. MODIFICAT.I.OlLTO.-BlLI1L1ilU.l'.ING..:.. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 33. MUTUAL COOPERATION, Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 34. AGREEMENT BINDING ON HEIRS, This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 35. INTEGRATION, This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. Page 21 0 f 26 DIANE G. R.IDCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17UI1 (717) 737.0100 36 . O.THElLD.<lCJ1MENTA'UON.L Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 37. NO WAIVER OF DEFAULT, This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 38. BREACH, If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. a. the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall Page 22 of 26 be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. the right to damages arising out of breach of the terms of this Agreement, include which damages shall reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: 1. the entry of judgment; " ~. 2. the authori zat ion of the taking and sei zure of goods and chattels and collection of rents and profits of real and personal and tangi.ble and intangible property; the award of interest on any unpaid installment; 3. 4. the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; the posting of security to insure future payments 5. to compliance with obligations the assure undertaken by this Agreement; 6. the issuance of attachment proceedings and the holding of the breaching party to be in contempt DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 (717) 737.0100 Page 23 of 26 II II I' t \~ '" I' I! !,I and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. 7. the award of counsel fees and costs. DIANE G. RADCLIFF 30148 TRlNDLE ROAD CAMP HILL. PA 17011 (717) 737.()IOO 8. the attachment of the breaching party's wages. d. Any other remedies provided for in law or in equity. 39. LAW OF PENNSYI.VANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 40. SEVF.RABILITY, If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 41. HEADINGS NOT PART OF AGREEMENT, Any headings preceding the text of the several paragraphs and sUbparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. Page 24 of 26 ) [ I I~ . ,~ , 4 ' ! BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first abovewr~tten. WITNESS: (SEAL) ~ if. AM1't/7 1 qCP<- (SEAL) DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737.lJ100 Page 25 of 26 'I , ., ; ~~ [ 0 .t) 0 c '.0 'n ;;:: ::> :? -r) t'~. ;-, P'I.' "--;'1 ;-:-:. :11 -t ' ~'li'~ ;":'., r:: I .'9 .. :':"~ C I . ..~.. ~~C) _<f' .:'.. t~C) """ ." -Tl ';';0 :;l: .!-. "rJ ~~-:: t:> ~.~;:~ \..9 ~~-~ rn )":;'4 ...J :::;: -I ~ N 35 11' -< IN THE COURT OF COMMON' PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . DOUGLAS E. BITTNER, Plaintiff NO. 98-1115 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE GINA K BITTNER, Defendant PRAECIPE OF TRANSMIT RECORD To the Prothonotary, Transmit the record, together with the following information, to the court for entry of a divorce decree, 1. Ground for divorce, Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date a. b. c. of filing and manner of service of the complaint: Date of filing of Complaint: 3/2/98 Manner of service of Complaint: Acceptance of Service by Attorney Date of service of Complaint: 3/9/98 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code, a. Plaintiff: 9/21/99 b. Defendant, 9/22/99 OR Date of execution of the P1aintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant, a. Date of execution, N/A b. Date of filing: N/A c. Date of service: N/A 4. Related claims pending, No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated 9/21/99 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (1) (i) of the Divorce Code, a. Date of Service: N/A b. Manner of Service: N/A OR Date Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary' a. Plaintiff's Waiver: 10/4/99 b. Defendant's Waiver: 10/4/99 DCLIFF, ESQUIRE e Road Camp Hill, PA 17011 Supreme Court ID # 32112 ( .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. BITTNER, Plaintiff v. NO. q<6-"\5 GINA K. BITTNER, Defendant CIVIL ACTION - LAW DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail t~ do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717)737.0100 .. ~ " ; . i (': , . DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 .. IN 1'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. BITTNER, Plaintiff 11\: ! ~ I: I, ! .... , v. NO. q h1- /1/5 GINA K. BITTNER, Defendant J ( CIVIL ACTION - LAW DIVORCE COMPLAINT , AND NOW, this ~day of '-or'V" .. ~, 19qy " comes the Plaintiff, DOUGLAS E. BITTNER, by his attorney, DIANE G. RADCLIFF, , ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is DOUGLAS E. BITTNER, an adult individual having an address of P.O. Box 33, Mechanicsburg, Pennsylvania 17055. 2. The Defendant is GINA K. BITTNER, an adult individual residing at 204 Creekwood Drive, Camp Hill, Pennsylvania 17011. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 9, 1980 at Goldsboro, York County, Pennsylvani.a. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling - 2- . .........,.: '". - and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, \ DIANE G. RADCLIFF 3448TRINDLE ROAD CAMP HILL. PA 17011 (717) 737.0100 - 3 - I. , ~ l , I I " I l I , I j ( ~ , . , ij I: I I , , . VERIFICATION DOUGLAS E. BITTNER verifies that the statements made in this DIVORCE COMPLAINT are true and correct. DOUGLAS E. BITTNER understands that false statements herein are made to unsworn falsification to authorities. subject to the penalties of 18 Pa.C.S. Section 4904, relating I , , I ~:' i. 'f (") '" 0 c:.: \t:) -n ~-- Cl :::1 ""'OO'J n i,l;~ f11li"\ -i Z;.:1 I .~.,m -/~- ~ :;)9 i:n.<: - '.Jo ~G ~ x=t! ~~Cl ..... ...:lCO) ;::rn ><;d '{? S? c.. ~ N ~ en I I " (') 1.0 (') c: .0 -1'1 :;.:'" "" :~- -ntn l. CQu: -I ' ~l.n ..-.... ,- ..1. r I :~~tB en.r; - ~" r -.::: ~:- ~::~ ("J r;::c ~ J.:.:y-l :~~c; -- '. ~I-r) ~~c' i'5h. >C~ '!? ,:., ~ N " :.n (n -< ; I -j (') <J.) 0 c:: <.D .., ..~ 0 ...1 -Om n ;:1: :11 r11(1'I -I . 11,~_ z::n I -"lr-r'l ~~- :rllS CJ'> .,. .~ ,0) ---. ~.. ~;J~'1" r:::o ::': ~C"' 'o*')-n J,;,' .. ':... C:l I'--C. ~? (~n' >c: ~ 2' N ~ :.0 (j'\ -< , . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. BITTNER, Plaintiff NO. 98-1115 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. GINA K BITTNER, Defendant WAIVE~rli;n.cE ~rm~D~EST SE~ O~(~ ~IV 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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. J~114 k fJaz1U0 GINA K BITTNER Dated: '1 )1- 'J-( 91 . g .J:} 0 \.0 -" -~ C':l ,,\ ~. "T.l(;:'1 ,-. -"'T1 r"fll" ~ -I .,li- ;-~ ;:..~ I .11'n ''2 ..!:"I,. ,. 'fl. . .- r?C.J -'.' el.- ,.oT. :t" .:--""1.) '"t::c. ::i: "; ~~~ ~i;': lO C,rl1 .. -I -. Z ,-.:> ::i? -I l.'1 - -.. . . . . . DOUGLAS E. BITTNER, ) IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . ) v. : NO. 98-1115 CIVIL TERM ) GINA K. BITTNER, : CIVIL ACTION -- LAW Defendant ) DIVORCE ACCEPTANCE OF SERVICE I hereby accept service on behalf of the Defendant, Gina K. Bittner, being authorized to do so and acknowledge receipt of a true and correct copy of the complaint. Date: '7 \j\ '1 g ~~QoA-- Louis J. Adler, Esquire Attorney for Defendant ADLER << cLARAVAL 125 Locust Street P. O. Box 11933 Harrisburg, PA 17108-1933 (717) 234-3289 Attorney I.D. No. 07040 t, J.... (") V:l ) c: C',) 0 Ii :;>- -n I ~b'i ::;;: ~ f11r'l "",. ~: 4~~ ::,1 ;'h:n ;:.:~r' N ...... ~(~::~ "':J:J i Co. 'jl- '.:J 5 , ",. -I( -~;c' ~: .:.1::a ~l~ ~~j 9? "?~-J c:i (. ;:;- -, -'J '" ?5 -,., - .:-< ~ '. '} :' ..~ .". r." OJ 9. Paragraphs 1 through 8 of this Answer and Counterclaim are incorporated herein by reference thereto. 10. The parties are owners of marital property subject to equitable distribution. 11. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests the Court to enter an Order of equitable distribution of marital property pursuant to ~3501, et seq. of the Divorce Code. '\ , I COUNT III (Request for A1imonv Under ~3701. et sea. of the Divorce Code j , 12. Paragraphs 1 through 11 of this Answer and Counterclaim are incorporated herein by reference thereto. 13. Defendant lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate employment. 14. Defendant requests the Court to enter an award of alimony in her favor after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests the Court to enter an Order of alimony in her favor pursuant to ~3701, et seq. of the Divorce Code. , I , I L , 1 \div\bittner\an.wer -2- I', I,.... ..... COUNT IV ~': L, I 'J !l I I I, I I . I I I I I , I (Reaueat for A1imonv Pendente Lite. Counsel Fees and Expenses under S3702. et sea. of the Divorce Code) 15. Paragraphs 1 through 14 of this Answer and Counterclaim are incorporated herein by reference thereto. 16. Defendant has employed Louis J. Adler, Esquire, of Adler & Claraval, to represent her in this matrimonial cause. 17. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 18. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that after final hearings, the Court order Defendant to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to ~3702, et seq. of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff alimony pendente lite, counsel fees, costs and expenses. I ii,n It ! ,. I " I 1 I , ::; ) ) ) \ , I I ' I ) I COUNT V 19. (Reauest to Enter Decree in Divorce) Paragraphs 1 through 18 of the Answer and Counterclaim , are incorporated herein by reference thereto. 20. Defendant avers that the grounds on which the action is based are: d 'II, f, .' it,' ; ~::.. "I..' !I' ;. I'" . , :1 \ II! a. That the marriage is irretrievably broken; or in the alternative, \div\bittnar\an.wer -3- ..... b. That the parties are now living separate and apart, and at the appropriate time, Defendant will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce, divorcing Plaintiff and Defendant. Date: ~ Izl (C/6 ~--- Louis J. Adler, Esquire Attorney for Defendant ADLER &: CLARAVAL 125 Locust Street P. O. Box 11933 Harrisburg, PA 17108-1933 (717) 234-32B9 Attorney I.D. No. 07040 \div\bittn.r\an~.r -4- " DOUGLAS E. BITTNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1115 CIVIL TERM I ) I ) I ) CIVIL ACTION -- LAW DIVORCE v. GINA K. BITTNER, Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Answer to the Complaint and Counterclaim upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing same in the United States mail, with first class postage, prepaid, from Harrisburg, Pennsylvania, as follows, Diane G. Radcliff, Esquire 344B Trindle Road Camp Hill, PA 17011 Respectfully submitted, ADLER & CLARAVAL Date: :; h, 7 (q ~ By: ~ Louis J. Adler, Esquire PAAttorney I.D. No. 07040 P.O. Box 11933 125 Locust Street Harrisburg, PA 17108 (717) 234-32B9 Attorney for Defendant ! \ r..... "-r!.. ',~(;; , ',? ...;t,\" ~. ;,f',\ ..";i 1(.'-,',:; ; ~ _' ; " " . ,4-~'~~~\(' :'1;.','", ", ,;~',~i.?{":{:~ ~';.;.,'~\~ ;;,i':, U'!" },,[,,', , , '~f>~;" , \ < ,;~, 'i\'..}'';,;' "4_, \ .', i~i.,/\(;;.:',fl"." .. ' l' ~~'>IL.,_, I. , 'r'~:" '~:'.~~~~~(~~:~;;:.,~;..: ::,1,'/,. , " !~'!:~~.t;/.{1![;~~;:~;:'~~/:'.': P , . " 'I~'!~-;~"" ,; l' i't' ',<> ., 1/ '>';f:f1i')'~>\~-':'j\,-:-li> "') '..... , t),~/t"i~'~:..;r: .I-I"~ ". '0:' - r~ , It"''').Ij'. (' ...~' N "'" 'If/jl\.J'''1}!"<1:::,.''~ '... .,it::, .. '11,~~~1j);}, ,~)\,. .,..... ,'I ,. 0'\ .~..1.: . ,..,."i~i."', ,"" :":,, . (.J;1! ,tf'Nf:f_.;.;r,'Ji;{..'r>~. ~If\':r.: tJ:< /,:,r.~:/.\':\(.';\".. ...,1,,< :>. ,",' ..r. p ~"".!'{~I, .,~. ' "'~ "-I' ~.tt'l..ll~ 'd I fE I' , =, ~ '..\ /"l"l'itl~,,,, .J), -..' "'l'rn " "'",' Y"f ~...,. , " . '"'" "< ~~:' . :<~)~,k'~ \,}t. I' I ,', . _J Z t,' ':~ :'f~11..~'1 Ii) ~l - _ ex: z '\'/'1 .."\i.t\t\..:'h' ~"'-: >: "ttll.lJ :', i..'\~kl~l:l~.~\' '" "'f~, O.:".ffjO: ,'t~l\ :'~:lU1t..4<' ~ ,,," .~:Z: :!: I" \~' :\J\")r1j","li.n: J ~1'" a:J I,::). ,,' "h;I\',,; '~~f,~~1r"Or."lt\cn ~;'U" 'J;";:':~ ,"~r6-\~~\;/~;;,~~'.::?,~ ',:.' .,,', " , ~',~ (", \~':~;!'\~~'\.'f')\\l:i't;-'f "),r, {~. " "j ,'" ". f ,.lj......<\ol ," ~ 11. > ,", , n( ~", '''I I", ';e"IlY.J."~1;1 'd" ,1'" 'j: \'~\{':l'l I ;',i"~tt,!8:,~'.il;:^(;'i.':'~..-',i j:~~i,l'l r" :'1"'11.~" l~t~'I'l;,~\,ht t' .: , ' "J'. .- . f,~ '",,~ ~'l;;:' ~',,;.' " ' . ~~;1~" ""\~'," ':;\~;I\'Fjt/., "~,' "', (~;1i} ~~'~\,:.\'i~vti! .;::./ ::J':~~'~~~ ~,~ .. ... I' ,- " ~"'''''r'''',,'l''''' I <. . . ',';. "'~~" ',., 'I ",,.,;,Jl;..\ll ),i.:,,":} 't!i!l ',' ! "'~ I :{t~t~t;," ~ ..'" , . ? "" + ,'.' 'l... .',' q,~ '.....:r~;. 'jl'''r' ,,:-, !'<""}'dd,~',,', \':,,;,;;/; .. .:"), . . ~~~~' '~~\;t'{~'i ~~%:t~~:: 'I,.L ~.;:;t~'Y~: '"~. j., t,'", '<Iii f!i~}~'1}' ;r:elf~ , ,.\.1, 'f};i;~'~", l~)';~hp, ~~~1tt~~; h,';;'f!~" :. '-~, ,.:' :,~ i;' , .... {, \~.:':: '.'"'i. ..," J..,". .', , ';..~ '.' ,V,\:;<. "'/'.. '.' ., '. ',: "".' ""':; ':1",." :; ,,!,' '" :-." t',:.' ':(.'.... :1 .;-,'j :';.." ,," ,'~' ; "'J":":""""'" .' ,', ' .". , .~ " " · "~~'R .,T;';'; .':".J': '.~ .",,~ '.'.:.~ . 'W ,'i:~~ ":.::~w ""'} .; ::~~ '. '?:::'~I(' , J'- p"j';', '~t .' j1"-' I,.;,: ; ,,~ ';~ i '" " \~ ::\/:,', . " ' )' . ~, , \',; 't"l :.~,\,f:;~~:(~~~ ", ' ' ;':j~t,I\~~":H'~"lf' ' . '\< ',,, l~'J <', ,," '.,', (I"}",!\" .. .~' ~ ~:,.1..~1',., ~~t .";". ,j', ," >", 1 'l~'r..tt,';:~.:;~~ ., j'. IN:':,"., .'-;:.</j::\' "'U, .(t}i! , r '. . ~. . f ,'.', '.:- ;~,;t 'J\.~J;;'.O\ ',' '" ..~.,rt'(;~"\}\-t;.,~~, ....~..~i~f1jifi~1 " "/' ",'. '.'".,', "f"''-I'''~I;'~''~(~ :".', ,j:'C;,';'~f':~'~'" ~1t~. , ';::,,":':':?iC',:'jftt~~~~ ~~~i . '. : ~ I ,,' , ~ ", ,;,:I;o'~(. 1~'{f~I'q~ ", I r ,,' ~ : , 'r t '('~:?:,:';:~' W~:;'~'" ;;.J , ,> 'm II ~ "'1 ).1, 't"f1),,f~~: . ", ',o...,,:,::"''':'':,.,fl ,.;lj,\,~.,~~A" <'" ." -, ) ~'''ii'.'''; '~'-\~ '::t'\!-~.'r.;- > ,'. /' /~ ~-~:::,:"':: :"/,,,/<, :/,~I~---.I',~ ~ 3;'; '.~ ;':,,,"'F?'i;'(iJ'; :\:~'f; ::5' ~,~ "'li;,'O,,+\.!,~ '~iiiT~~ ~ i... '" ~ 'i f;j':~'i;':;:;;f ;~f!l~I;' '..J ot ~::: > ~.M)t~:-):1! ;i'(i~tI.. ~ u.~ ~ I' l:a;~.r1t."l~i ,~ijii~!'~;i(. i!5 ' ~ or ;'~"., ~ ~ ll;.1...",'q; ~ r- ~ ~'): t' .~\,',:,' ..::J <d WI '~'I ,J,~,~"c 1lM:~1(-: ffi ~,~ 0.:, j.~.'~,~~~ ~i(:~~l.~::; ~rttf~;; j.J,C:(. 'I'~' " ~Jg(it,l ,.. . .';, .:.. ',' ,:,:';.~ ;';:;f ;.l~l~';'.'. .... , f ".! . "'" "'""., <'. " ,",:. ~"~':'rl:, ~,~~tl; . "'. tj~1rt ''':>;~~'''\'Jii~ri "..," .. };~~t.;;;)1~~J'1 ., ,.! . ..... ,"\.<~~ ~,\. "\':'Il'P"~ . ',:.:;',:--',;. ", ,t,;,..;:.,..,,;(-,j',:-:ll[.\,,{~:j;";.. -"'C'," (.", ";"".; ;';, ;"'l""';I.,\..;ltl~'\~ '.,_,,:,,1; ", '.,~.~', ~<f\ f.~F'rt-:'J{"){ 1< "1 . >> ..,..,~.~, ~ "," 1 ; , " .., t, + ~\'; 'hr... It!r. 1 . .'.: '. ' '. , ~'; '- "'1"~\r" . " ',;,;: :", :':":'l:~r.~~t'l~ .' ". '. ' ? '>;"::-'~l , " ' . " ,"-' ;,~,~i:';l.~ '".-'J";; ":.~;::\~~}~~~: '. ",. ',.> ". > . ~ - "'''~I,,1[1;;J ...... .<~j~,l~.[.~t.~' ,', "''''.'., ",gl ,,~', -.., ~':~~::':~ !: ',/+~ '.' .';lj: '. ~' ",', ,> "":.> .,', ".. . ~, ,j 'f;.: <*' . ./~, ""'.,', DOUGLAS E. BITTNER, ) IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA ) v. NO. 98-1115 CIVIL TERM GINA K. BITTNER, CIVIL ACTION -- LAW Defendant DIVORCE INVENTORY AND APPRAISEMENT SUBMITTED BY: QE GINA K. BITTNER () Plaintiff (X) Defendant files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. () Plaintiff (X) Defendant verifies that to the best of her knowledge the statements made in this inventory and appraisement are true and correct. Plaintiff (x) Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date, .J ~ ".,. '1 I "i 'i i' I jf1fl1 AI- f)u1Mwl ~ina K. Bittner, Defendant (~ ttJ (J () {t~;--- Louis J. Adler, Esquire Attorney for Defendant ADLER & CLARAVAL 125 Locust Street P. O. Box 11933 Harrisburg, PA 1710B Telephone: (717) 234-3289 Attorney I.D. No. 07040 ~"'V'L':-/ ~';'1.I':''--J 1<1-3 r. I., .:'":.~ .~:.;...:~ .". ASSETS OF PARTIES (X) Defendant marks on the list below those the case at bar and itemizes the assets on the () Plaintiff items applicable to following pages. Real Property Motor Vehicles (X) 1. (X) 2. ( ) 3. ( ) 4. (X) 5. ( ) 6. ( ) 7. ( ) 8. (Xl 9. ( 10. ( 1l. ( 12. ( 13. ( 14. ( 15. Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (through employer) (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) (X) 16. Employment termination benefits severance pay, workman's compensation claim/award. (Husband receives cash awards. () 17. Profit sharing plans (X) lB. Pension plans (indicate employee contribution and date plan vests) ) 19. Retirement plans, Individual Retirement Accounts ) 20. Disability payments () 21. Litigation claims (matured and unmatured) (X) 22. Military/V.A. benefits (Husband is a veteran). () 23. Education benefits (X) 24. Debts due, including loans, mortgages held \dlv\blttner\inventory.gln 2 ~. i,~, " I i t ;'. \~ (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other LIABILITIES: either or both separation. ( ) Plaintiff (X) Defendant lists all liabilities of spOUses alone or with any person as of the date of ITEM NO. 1 DESCRIPTION:Credit Card NAME OF CREDITOR/DEBTOR: Visa-Citibank DATE AND AMOUNT OF LIABILITY: BALANCE DUE: $9.197.30 PERIODIC PAYMENT/AMOUNT, $200.00/month ITEM NO. 2 DESCRIPTION:Credit Card NAME OF CREDITOR/DEBTOR: Visa-CoreStates Bank DATE AND AMOUNT OF LIABILITY: BALANCE DUE: $6.097.95 PERIODIC PAYMENT/AMOUNT: $200.00/month ITEM NO. 3 DESCRIPTION,Personal Loan NAME OF CREDITOR/DEBTOR: Familv Member DATE AND AMOUNT OF LIABILITY: 1994(?) BALANCE DUE, $10.000.00-15.000.00 (?) $200.00/month PERIODIC PAYMENT/AMOUNT, ITEM NO. 4 DESCRIPTION:Children' Soccer NAME OF CREDITOR/DEBTOR: Nikki--coach DATE AND AMOUNT OF LIABILITY: Past due BALANCE DUE: $660.00 PERIODIC PAYMENT/AMOUNT: $55.00/month \div\bittner\1nventory.gin 3 '". ITEM NO. 5 DESCRIPTION,Electric NAME OF CREDITOR/DEBTOR, PP&L DATE AND AMOUNT OF LIABILITY: Past due BALANCE DUE: $557.72 when uo to date PERIODIC PAYMENT/AMOUNT: $250.00/month ITEM NO. 6 DESCRIPTION:1997 West Shore School Tax NAME OF CREDITOR/DEBTOR: State Wide Tax Recoverv DATE AND AMOUNT OF LIABILITY: 1997 BALANCE DUE, $276.60 for three months PERIODIC PAYMENT/AMOUNT: $92.20/month ITEM NO. 7 DESCRIPTION ,Loan NAME OF CREDITOR/DEBTOR: State Emolovees Credit Union DATE AND AMOUNT OF LIABILITY, Past due BALANCE DUE: $9.B12.84 PERIODIC PAYMENT/AMOUNT: $200.00/month ITEM NO. 8 DESCRIPTION:Water NAME OF CREDITOR/DEBTOR: Penna Water DATE AND AMOUNT OF LIABILITY, Past due BALANCE DUE: $100.50 when uo to date PERIODIC PAYMENT/AMOUNT: $50.00/month ITEM NO. 9 DESCRIPTION:Trash--Sewaqe ,. h , " f) I I ",' I, I , I II j f I i I, " , II.'.... NAME OF CREDITOR/DEBTOR, Lower Allen Townshio DATE AND AMOUNT OF LIABILITY: BALANCE DUE: $138.60 (when uo to date) Januarv-March. 199B Aoril-June. 199B PERIODIC PAYMENT/AMOUNT: $22.00/month (oast due) ITEM NO. 10 DESCRIPTION: House \div\bittner\inventory,gin 4 '". PERIODIC PAYMENT/AMOUNT, ITEM NO. 11 DESCRIPTION: Cable NAME OF CREDITOR/DEBTOR: Suburban DATE AND AMOUNT OF LIABILITY, BALANCE DUE: 30.00/month $ PERIODIC PAYMENT/AMOUNT: $25.00- ITEM NO. 12 DESCRIPTION:1998 Personal Tax NAME OF CREDITOR/DEBTOR: Marv Ann Pryor DATE AND AMOUNT OF LIABILITY: BALANCE DUE: $39.00 PERIODIC PAYMENT/AMOUNT, ITEM NO. 13 DESCRIPTION:1997 Per Canita Tax . I , ! NAME OF CREDITOR/DEBTOR: Pavne Credit Corn. DATE AND AMOUNT OF LIABILITY: 1997 Tax , I , BALANCE DUE: $61.50 PERIODIC PAYMENT/AMOUNT, ITEM NO. 14 DESCRIPTION,Second Mortqaqe on home NAME OF CREDITOR/DEBTOR: with Husband's Credit Union I I ~t- ,~ .1 I .I , . DATE AND AMOUNT OF LIABILITY: BALANCE DUE: $? PERIODIC PAYMENT/AMOUNT: $? ITEM NO. 15 DESCRIPTION:Car Loan NAME OF CREDITOR/DEBTOR, Navy Denot Credit Union DATE AND AMOUNT OF LIABILITY: 1996? BALANCE DUE, PERIODIC PAYMENT/AMOUNT, 200.OO/month (?) ITEM NO. 16 DESCRIPTION:Other Credit Cards/Loans i ,~~ \div\bittner\inventory.gin 5 BALANCE DUE: $ PERIODIC PAYMENT/AMOUNT: $ MARITAL PROPERTY: () Plaintiff (X) Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. I ITEM NO. 1 DESCRIPTION,House NAME OF OWNER(S): Doualas and Gina Bittner DATE/COST AT ACQUISITION: $135.000.00 VALUE AT SEPARATION: PRESENT VALUE: $144.000.00 AMOUNT/NATURE OF ANY LIEN: $132.000.00 ITEM NO.2 DESCRIPTION:Lawn Tractor/Mower. tools. snowblower NAME OF OWNER(S), Doualas and Gina Bittner DATE/COST AT ACQUISITION, VALUE AT SEPARATION: (should be paid) PRESENT VALUE, $2.500.00 AMOUNT/NATURE OF ANY LIEN, ITEM NO. 3 DESCRIPTION:Home Furnishinas (inside and outside) . 9Lill. patio furniture NAME OF OWNER(S): Doualas and Gina Bittner DATE/COST AT ACQUISITION: VALUE AT SEPARATION, $2.000.00 PRESENT VALUE: AMOUNT/NATURE OF ANY LIEN: should be paid ! ( ITEM NO. 4 DESCRIPTION,Appliances (washer. drver. microwave. fridae) NAME OF OWNER(S): Doualas and Gina Bittner DATE/COST AT ACQUISITION, VALUE AT SEPARATION: PRESENT VALUE, $1.000.00 AMOUNT/NATURE OF ANY LIEN: should be paid ITEM NO.5 DESCRIPTION:1996 Neon (car) NAME OF OWNER(S): Doualas Bittner. Gift to Gina Bittner DATE/COST AT ACQUISITION, Auaust. 1997 ? VALUE AT SEPARATION: PRESENT VALUE, two vear pavment-$B.OOO.OO AMOUNT/NATURE OF ANY LIEN, Navv Credit Union--$6.000.00 ITEM NO.6 DESCRIPTION,19B8 Ford Bronco and 19BB converted Eco Van NAME OF OWNER(S) , DATE/COST AT ACQUISITION: VALUE AT SEPARATION, $3.000.00 PRESENT VALUE: should be paid \div\bittner\1nventory,gin 6 AMOUNT/NATURE OF ANY LIEN: ITEM NO. 7 DESCRIPTION: Pension NAME OF OWNER(S): Gina K. Bittner DATE/COST AT ACQUISITION: VALUE AT SEPARATION, PRESENT VALUE: $32.738.00 AMOUNT/NATURE OF ANY LIEN: ITEM NO. B DESCRIPTION: Pension NAME OF OWNER(S), Douqlas Bittner DATE/COST AT ACQUISITION, VALUE AT SEPARATION: PRESENT VALUE: ? AMOUNT/NATURE OF ANY LIEN, NON-MARITAL PROPERTY: ) Plaintiff (X) Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NO. 1 DESCRIPTION,Furniture VALUE:$SOO.OO NON-MARITAL PORTION: DATE OF VALUATION, AMOUNT/NATURE OF ANY LIEN, ITEM NO. DESCRIPTION, VALUE: DATE OF VALUATION, NON-MARITAL PORTION: AMOUNT/NATURE OF ANY LIEN: ITEM NO. DESCRIPTION, VALUE: DATE OF VALUATION: NON-MARITAL PORTION, AMOUNT/NATURE OF ANY LIEN: ITEM NO. DESCRIPTION: VALUE: DATE OF VALUATION: NON-MARITAL PORTION, AMOUNT/NATURE OF ANY LIEN: \div\bittner\inventory.gin 7 I,. " ", . ' J\.,:~~,',\J:.i . riJ~~5~v<{;, ' >>t'4\?,'t, "1'/.,' ~rl/p/;~i':" ) \',- lIf1Af';}1t~'" ','. '\ .'-!: . ~l-:.ir,'.f':'-: -:. ~ ~~'t?f;:V;l:"~J~;';:-;':) . i: ',~',,',..,. .. {;-/'~~~~;~~;,~;~:,:,'li '_.' ")'j't).u",',,\..., ~~(~:~,~U:;::',' , . "J,.!,.)l. ,. .", , ,i""~)~ ,"; ("" .';' _ ". : ~~lb~r,:::":' (r),,~ ~ ,.rI"'fkr)"'ll~:~'" _ _ '. ..,.;',- i:~~h.l,'._~I', ,,\ " N '... " \':!h. !'i~'l:'(':' ;i.'.:..',: 8- ..:: <:1<~?~ .~J.~/~'~\-' ':'~;'..cn .~:-'; 2 :'::-:~;, ,j,.!! J~:r;;: ,,"~ '!';:;'" , \,", , ' ..;."f . ~n:\\~;J~i1\:~:. ~:~;;"-'~,~;E-:~ .;.~"6';;' i{!",':;,(.1J\V1!'\"i~~""'il';';I' ..;~,. ~ \,~i~~::'-~'~trrrfttJ_ ~','~:C::"".q:2 ."\-- ..;, ' . \~./."I~ :.\;.1. <1 1, ['';;; ;,.~-~\. l""~,~"\~~" ""':'1"'~, " -",\oJ: ~ -,',.... ""j, ~"':;:" I "\'I~J..:,,\:.;!'~f'~t ,b" CJ. , 'Y' . j-. )~' . I ..._ q",~ :'..' .p', ) ''U-''; ,(. ~ Z ,'. =."= ~"J-'. ',\:~' )';.S\li'~A.\\tA1TH 'CO :::> I 1~~~. '. .'/,', :.l:!H<~o1, o:r,".CT\ '. (.) ~A~. ': .".' F~""~""~'" ''':~., ," , i~t~"''';<:/'; "~,,~~~~I:;; 1" .': '.1;/ :: l~?' <"" -.~'\"'(~I'~' "i" :'. .' ;~t'. '." I""'\"f\'i~'" "r"'" r~};'if5~'i;:';:":1~;\;;~::'::;~':: '.' "I"~}:;;"; ':,:~:. . ?V\~y{!.;'r;~;\i:;; . fl:j" I ;";",.- > " '~" -('''';~'~ ,'.... ,:{"",.J ;, {;r~;::!'l'":;;,,:,,, i,,~'1j;,".:.'j;t," :'::, .{iJ, ~~;f, '4!~{ ~'~i;'J Il{~hAI' ~;~~! ~~~~i ~lfk~ Ml~\~\? I~~;.;r.t,: t.1JJP~;~1:' :~"',~r:i ~~}~(l~ ~~l,"","~' ;.;l{.[~:;.ff >'11 '-~"h ft'iJ.J;;, ,Il,jl" ir~:,::;:.:: ,~.;~,~~:t [.;I,!"-",_.\-t,r "'t~\,;i": I;" ~ ~; ".... :~f:',,:: . W' , :pt,::',';' , ',' ".'e'. .1" . " . '",,:: '-'h~' , ~~~;1 " !/I'i;l. '. ..;;?:i;\~~.)J~J~ """:'S-!..,..t.!\C;,'~:""'~' . __-'/,_''::'~k;';5{{ j'l, .,.,' ;;:I'::;;'.'~"i\1( r; >';' ,l ;f.::~~C I.i. .1 ,~~.Y<<.~bli~ <i;jt , " (" ~J'? !.-:,,;';'::~~"'~ ; ".!: ~J tl"~r\~Y,.t..f.; . d.J ....,::"'\::..t..:.:z..'n:~<..,~ , I . "~""1 ' { T~.NJi n... 'j '.' ': '. .. ~~/ \'.", f\~c~' .' "':.l~':> j-:,;~)..ttr~'h' ': ,':I!;' I . 'q'{" :.:! &-t-0 " t., - ~ ~I!\,-,r' ::' ~., /;':;':'~i: ,~.(":!1 r ':: .,.-' '~',"j';'f;~.r~:4 r ' i \ '., .':...' ~rl ,"':' \ .f.., "'t., ',. ',', ";I'I.t{ 1:','S"J'f./J", , '-.. \/ ' , "-" :':';V\\{r:~'~;~~~-%Y . , '".., \', "'~', "4,~~r ., (, c, ,11,1C, .~v ~1 ~"'...':.;tl\ " >'" .... ~ .'~, .'.' ~~l"t ~ . " . ':...:,.. _:ct,n 1.1:,,:; ,,;~\,:}~" ,: " ~l :>' '.:1" I, ',:_,.'.;':.':'::::,.{.:\I<:.',:j;\ . ,,~.1 ..>-:..,:::!E~~~~ ~,...-.. ""i"l.""'I",!", .' ~.,"'.' .............;,.~..::;~{;\~.,~;;~~ "'~.~ i.~. I?i~;:i:~~:~~.:~; '< ~,..,-->:-' ':i,\~.::W)): 'I :~I: ~N"'.:;;I$; ,..' .' '.. .:"'~:.'./,~.':: ;;;' ~~:I.,;'.~.:i:?~i~,~; I;IJ <... ' .;' ~........ ,~'r ...J ~'-~..:;~:"'i::!~ Q > ' 'f!f >\ ~'.,~:l < . .i.:.,:~}lh\:..~~ ",' ',,, . ~, . .,:<,(::: '," ':', " '" " >-':', .'.' . , i ~ "1-', '-, , , ;, ;,; . . v. ) . . ) ) ) NO. 98-1115 CIVIL TERM DOUGLAS E. BITTNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GINA K. BITTNER, Defendant CIVIL ACTION -- LAW DIVORCE ) DOMESTIC RELATIONS SECTION DOCKET NO. 00346 S 1998 ) PA CSES CASE NO. 032100104 INCOME AND EXPENSE STATEMENT OF GINA K. BITTNER Defendant files the following Income and Expense Statement at the time this action was commenced. Gina K. Bittner verifies that the statements made in this Income and Expense Statement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 1B Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~, r ctler (; J~ i (Jatut Gina K. Bittner, Defendant SUBMITTED BY, '---C) C) (/c.---/ Louis J. Adler, Esquire Attorney for Defendant ADLER & CLARAVAL 125 Locust Street P. O. Box 11933 Harrisburg, PA 17108 Telephone, (717) 234-3289 Attorney I.D. No. 07040 ! I~ L;" .". Annuity $ $ $ Social Security $ $ $ Rents $ $ $ Royalties $ $ $ Expense Account $ $ $ Gifts $ $ $ Unemployment Compo $ $ $ Workmen's Compo $ $ $ Support $ $ $ TOTAL GROSS INCOME. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41.418.00 EXPENSES WEEKLY MONTHLY YEARLY HOME: Mortgage/Rent $ $ 1.217.54 $14,610.48 (does not include the second mortgage) Maintenance $ $ $ UTILITIES: ) Electric $ $ 277.00 $3.324.00 I Gas $ $ $ Cable $ $ 25.00 $300.00 Telephone $ $ 27.00 $324.00 ~ Water $ $ 56.00 $672.00 , Sewer $ $ 22.00 $264.00 Ii SUBTOTALS $ $ 1. 597.54 $19.494.48 ;'1 " ~ . EMPLOYMENT: '! '1 Public Transport $ $ $ , ' Lunch $ $ $ \div\bittner\income -3- \ , r ".... TAXES: Real Estate $ $ $ Personal $ $ $ 40.00 Income $ $ $ 276.60 INSURANCE: Homeowners $ $ $ Automobile $ $ $ Life $ $ $ Accident $ $ $ Health $ $ $ Other $ $ $ AUTOMOBILE: Payments $ $ 200.00 ? $2.400.00 Fuel $ $ 80.00 $960.00 Repairs $ $ ? :;; MEDICAL: Doctor $ $ $56.00 Dentist $ $ 5.00 $60.00 Orthodontist $ $ 125.00 $1.500.00 Hospital $ $ $ Medicine $ $ $ Special Needs $ $ $ SUBTOTALS $ $ $5,292.60 EDUCATION: Private School $- $ $ \div\bittn.r\incom. -4- Parochial School $ $ $ College $ $ $ Religious $ $ $ PERSONAL: Clothing $ $ $ Food $ $ 500.00 $6.000.00 Barber/Hairdresser $ $ 20.00 $240.00 Credit Payment $ $600.00-800.00$7.200.00/9.600.00 CREDIT CARDS: (Specify) Visa Citibank $ $ 200.00 $2.400.00 Visa CoreStates $ $ 200.00 $2.400.00 Credit Union Loan $ $ 200.00 $2.400.00 Personal Loan $ $ 200.00 $2.400.00 MEMBERSHIPS: Soccer Club $ $55.00-110.00 $660.00/1.320.00 LOANS: $ $ $ $ $ $ $ $ $ MISCELLANEOUS: Household Help $ $ $ Child Care/School Lunch $ $ 35.00 $420.00 Papers/Books/Mag. (School Supplies) $ $ 20.00-30.00 $240.00/360.00 Entertainment $ $ $ SUBTOTALS $ $ $27.540.00 \div\bittn.r\income -5- ...... Pay TV $ Vacation $ Gifts $ Legal Fees $ Charitable Cont. $ Other Child Support $ Alimony Payments $ Other (Specify) $ $ SUBTOTALS $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ~ ------------------------------------------------------------------ TOTAL EXPENSES: $52.327.08 ------------------------------------------------------------------ PROPERTY OWNED: DESCRIPTION VALUE !:!. 11 Q: , i Checking Accounts Farmers Trust $200.00-400.00 ~ Savings Accounts Navv Depot ? -I:L Credit Union Stocks/Bonds Real Estate ...L. ~. 1 ,/ Home ? Other 96'Neon -I:L , .: .' , Ii. 'i ! 88'Bronco and 88' converted Van ...L. ---------------------------------------------------------------- .\ TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ \div\blttn.r\ineo=- -6- SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one) : 1. who operates a business or practices a profession, or 2. who is a member of a partnership or joint venture, or 3. who is a shareholder in and is salaried by a closed corporation or similar entity (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: 1) the most recent Federal Income Tax Return, and; 2) the most recent Profit and Loss Statement. (c) Name of Business: Address Telephone No. (d) Nature of Business (check one) : 1. partnership 2. joint venture 3. profession 4. closed corporation S. other (e) Name of accountant, controller or other person in charge of financial records: (f) Annual income from business: 1) How often is income received? 2) Gross income per pay period? 3) Net income per pay period? 4) Specified deductions, if any' 'diY\bittn.~'incom. -8- , I. ( , ' " , .0..;, nl TIlE COURT OF emil-lOll PLE.\S OF cmmERL\ND COUNTY, PENlISYLVANtA lXlUGLI\S E. BITrnEH Plaintiff vs. GINA K. BITI'NER 110. 98-1115 CIVIL TERM 19 a master with ( ( ( ( ~IOTlOlI FOR .\PPO tNT:1ENT OF ~lASTER (Plaintiff) (Decendant), following claims, moves the court to appoint respect to the ) Divorce ) .\nnu1ment ) Alimony ) .\limony Pendente Lite ( ) ( ) ( X ) ( X ) Distribution of Property Support Counsel Fees Costs and Expenses and in support oc the motion states: (1) Oiscovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in (by his attorney, Louis J. Adler (3) The staturory ground(s) cor divorce (is) IRRETRIEVABLE BREAKDOWN (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) .\11 agreement has been reached with respect to the the action (personally) ,Esquire). Diane Radcliff, (are) Es~ire! represents the Pla nU f. . following claims: claims: (c) The action is contested with respect to the following EXlUITABLE DISTRIBlJI'ION. ALIMJNY. CXJUNSEL FEES. COSTS & EXPENSES (5) The action (lnunl=s) (does not involve) complex issues oc law or faci:o (6) The hearing is expected to take 3 (hours) ~4a~~). (7) Additional information, if any. relevant to the motion: WIFE NEEDS FUNDS WITH WHICH 'ill PAY CXJUNSEL AND OBTAIN PENSION VALUATIONS Date: ..Ii/c. '?f .....c'"\,..- Attorney for ~~rainttiiT (Defendant) \. ORDER APPOINTING ~l\STER . rUW!.t-t./JPlItJ ,19l}L, C ~~ Ud~ Esquire, with respect to the following claims: COUNSEL 'FEES, COSTS .\NO NOW is appointed master AND EXPENSES J ';0'. >- 0:) f<F N ~ '"" UJP 0:. ::5r p'~l-5 0:'" :>:: . .-;,.0 ~~~ t.) :~:J ~ r.)::~ C~ K 0'1 ;:-;::;d ECtl:J I -):;, ;;:.. !::~ r!-o CI !:J(- '-1.. == f.~d:! 0 CO ::i o. u FILF.D-O;:F:CE "r "" "h'T' '(" ")-,"1Y '....,. ,-" -,'" "i. : ',', tlJ 9a NCi'J I 0 t\ii iO: :n ,Jf co.' CU'''':,'.:., ....:). l"('U'rrY .~.,tJ'~l .j....., ,~ 'v 1\ PcNNSYL'l/\j.!!,\ -"".:{" ;;I;~~;:'~~I~~^r;"1"I::1 "." I ,\, ~: ,)i~"~j"U.i...,~,,,\r\'I\' ,," ' ;.:~nf ....t,'j., ~.?o,..' 1.. ~ :. <,Ii ;.(l,:;j\. ~'j ,~ '\, ',.: ~. , ~ :"~;,i,~,:t;.:.i:1g;::":' ' ( ,t tl)".~l..'i/'''\ \.' . \ . \1It~f17'.'t;i~'.~j\''''.', " . '~lfi'''{t'''''~''')lj' "." t,:;[~ ;iJ"I)~";~":>; ,.:' " . '" \u;;l ...~ ~1,1,","' .... ,-', " ""f~"'~" ' , '~ u:." I::, ;', I- ~~~l,:{ ~;"':'~:"\' -'~, ',) i \~~~".:o., <,' l'c1 '.\ ' ff~'~\"~~'''''h; , ~i~\~Z.,,',~':':I' <' : ~ ''''f':'''''~'/ < ",' - " :I~'/~ff~~;:~ /" ~~' C) [; , .I1~~. ";': " '/.I'll,~:i;'.t ,.,M.. ,'';,,:,.. }, "'J-'~" . . g { '".. '. -40 ~" ;1~Jfl"'~',~~ 8~ ,d;, .,'C', &'>:' "@::i 1;1;.1',1.;.; .~, ,O':i'" 4>" "\:'f'1~ .,: ('j'::',;",;,0'\.: <.r~rn If;,,}'. '" ; U:;~:i I, ,~;JZ '", iltrdl;W! .. llil',:,'Ji> ' I Z ' ' v';'~'''''''fj.,11 "r,"!' :,\<;.'0'" l,.U "'"''>1'\>' ,,,",,,' ',' ',' ',",\,:z' ~'- a.. ~'~lt i'~)o:"J..lt~:f1'j:.jJ~ "1').". ".....~ ." l>'~\-:!'drmJ')""'" IJ.:,:. CO' ,-- ~;~I.~ll.'''-'''''''':~lit N'"'~:;';"~"O :.~ _ ,',' r:: ' '':'J''',;\.'iI1~'''~~\I\.'I:''.l, _ :r" _" ,-", r~\"".~q"'':~~.''i?.'3;t<;. '/~~,I.~..-;},;: tIt :',1.., .,' ""?"'\"''''I::~"'{fl:1;'';F;,,'',h~ ",",': ',' '" !:"'~'l!';f,~\;,i":":;!""">"7'r}., ~~ . '-Nt;';l:,t;::!J.J~1'1 .::~~'!, ,'. I f'\" .f, "1~"'''I1{'''''\\''')' '" --' " . teA.; ~l.rl.~\~{';:;;:~) ~~:-I t,{$);I. ,.l, :,.! . 5It(~j~::'ll"1i~~110~,~~,;;}:r/\{-~,~,:.:.','~,' / .:': ,", ~--;Jl ....rl.'o; f'V'~ LI1'J..r;':~\~'}'tr' ,~",. '.. ,', ',;,' j~:N.1 )J'~~"Jilll"~'fI~~.,:J;!%.1~,,::,.,r;,';:(.~'.",:, '" j~,~. "".'!. ~.t:-v..~"'" ." r..\.j;>:....,.l.1t 1.1J'." 'Jil'l 'j'" ~,. " ~iJ~~ .. ;:;(1;~:~~">~;:i~~:;' ... ." , '0 '" ~~.{~~;ri ::j;~c~j, ~'!Je,~',l.I..'.;.~: ~~',~~l 'll ['~"}>'''''.'\t:. 'r~'~ 'I ,!~~.:t.:~l ",;,~!i'..?<;.~!('.J:,I~.'t'li~~;J . ~\h'!"'!l "I:'i\:C''"'''''(~i:'~\~{1..' . ;~k~K1. #~, :;~{i:~Kt~;}~[~_~t~ e: lJ.,'.nf ",;i..(~ 'r',''''lj'.\,~<."... ~ii'li"l :,~(i~:S,;~~~:::~:';_;'~~1~\;W' ~'Vr'1.~ "J"".IJ,'\>'-",!"i.);;'i.1:J".iJ i 1!~~~I~ '~. :!);-~lJi, \['\'11" :,'~._.. .",..1 . ~~t,."\;:' ..:;.;~:- :~;'.F {.',~-',' !.:- ;,;.' ~:,~f'{ .'.If,.'.:~::-,\t('<'..':~:r> ~;. 't< "~i,";;_',1.,,-.,,- ",",j I 'l~~tfi ....,.1~~1, ,,;~-..,,:. ,1'.,10,"'1'" l~l~W;I?ji1";?'.'." t;,.:f't~~""'.~';':" ,,!.n ",' ::P:\.:,';'!.J.~'1'" " " " t:' """."',' l.;~,..fl"l' ", __,' I . , ~, . I . '';YI?.t~.?.:J;.,~''\~'":.~:_. ',:: '<, ".'" 1:,.;Y-!',X:f..r..!I\.....: '\r\ - ,.", ,. "",'.""' J .t -r ,~ ~ "',-' ." .. ~ . ,,'~ )~~.p~':';.r.\~~i"}, ~~1/' {', '<," , : ',~", ~ ::1: .;;;{*<;tlf~'/..:~} \.";,;t:,."" ~ ' "<;,;,,, !}t?t'<""f.;':;j".l'j.r'"\O: ,'" ',":_>: . ~9~,"I'~r'f;>J.;')'(P~':,..;. ;~,:., f.;i".J':'f~'';,~\l't~'; 't,,( " "," " '" "I > ,~.fJ!i?~~~ :~i.~::tl:~{~'~\:!':; ,': " ':/' : ~ " ' '., t.~ '~':'j(<'~i'!'-" .': }- ,.,,:.' ,t." . <,,'~ '.1 t', ,I" e,,..-. ..- ' E,;l' t,,:J1 \J'l \,;,,-,h..~q.' ,~.. ~ ',,' " 1. 'l.;;J.IP"u~:: j'/i :: ;/';'.' ,I,., '.) i{;n;:' ;~:$'~ ,; ,:17:\'>.11.~J;: '.:<, ~ ,'*,-'';~""'':'' ;,: ,." , ,', ' (.~,rj~~;::i'l'(;:_\'<:\ .~,' '.' ~(;"::~fl'~";'~,~"'-.J"'", t ' "'r~..r.r.~q~~ -t,..,-" l' 1-;r,,'('~~;'~:"'~'" "',,."' ~ " .t,.~;.\r(,:'>},~./f'"t.i. .,' "", .. ,~~::t,!",'....:...:;~l\~ ~-," "" "" J~j1-"\"f'i-: ~'~,..l-"!: ~-:':""" : t1{\,:;~jt!..d.,.1;Y ,-(,),;' . 'j' :~.:~~\'f~~f~''';'''": <1 ,':',rl> ')A ~'ti~W.l' '~'\_' >- uf. ' \; - .. . :;!t.~t~fi~;;~;:'t-~;i. },.: ., ~l'~' ",'" \ >",,~ -" ,'i-~' ','I', " :,'~.~~~i:h'~;:~(l\\r(.}: ~\ ':: > '. l;'l_,I(K.l;, )'" 1"',1",', :,.'1;".1 ':", . ..',' ).;",~"".:; :.....;.'" ,-:~ ',' .. I:. "'"j , '~i};' J " }'1\ :..",~'...- .:tf '~'.>l ~,;'::'-' ,1\',' " !~;,(~,\;i~~'/iF; '. .' ' (i;;;~~: ~J::3 ~(, t . ":: .....: I,:I~ ~,~ ,,;. , ,"',; ~:i1:... ~;.~:,I.l~ ) '. ". ..,'i.' ':\<f~' :_''rf <'i '. J"\'~' ;"'. <;:~~~'~ , .(,-,~.,'t:'f,:;~' .r-:~_~'~f. :' '.. .' ('..., :' I':;>~"""; '; . ", ,,'.1 '''';'1 . i ~ ~, .p , , ~".,' ,~jt,"')f; \~~ '-, ,,' ':."';' '_', ':,;",~,~"",~~\::~"'J,t~h:!\ t!i, . ...'." .. j ;,,~. f", \\1' 1. ". ~:t. '." : :">~"_:~l ,<:,~~:~.:;'d~:,:,~,'.'~,},'."',>!"i.~",.. .~ ,\L ":i'.':!,h~J~f':! ,.:: '. ..~ >.a'!I~;!!~)I~*~ .~.I.~~~ '~'..~"IE..:il;i'.;'H';'t~;;~lt~).. '~~rf, . .!:>..~ ~..~"i'..~re:v~,;~~; ~.,,-- ~ ~ .....:> 'f'I')" .f. ft",~:j,:.',~,.'f:,'~,1.' '., \~' :. :'~~f;g': ::,~;-::~'i{iJ.::~~~ ,!~\"\"i/~" ,~. ;1Il!; .I"-\;\,f'{ ;~\i,!f: ': ~' ',~'-O".....,', .',....:t::::1;::f:.~., "'" . J.&J ,~..". " tL "'r~t:::.' )(;''''',~;:.' h':-Xi,; '.0(.... i' "', c:(, '!.~I' Y;);~"~{l ...I' . N ,D.. ':':'" u.-:'~:> " .'.'ii..,:,',"'.' Q '... ,. \ '-,'\ " .~...,~ fiK -c,, ,- "I.-, ~ ( , f ':,~. ~'[l)',::.0i. . . \ > \1. ',. ;'_ :<'~':"j" "t.....~...J , I . ~ ;'.l,!,?,'..,',lt; :t~~!:.,~" , :~:' ~\' (! :" ~ \~~~\~~,~~~ ',- ~ ....,; ~.;':. ""~.,..\,~,,~'.~-,,'~,,,'~',~.:.i',~~.~,)~.t_.:~,~~.f.i,'.;,:,'; +"'v\t\i ',:0--- _'. - '~~~i;~ 't.<!'yrh..l' 'd" ;, ~\_;,.<~~, ,;.",~J4':.t{~ " ,,:..:..<.:~;:)it<.:ie~,~j~:.,~;!~~':!Jt l~~-' ",..,,',". ".>"l,:--__.;:i.._\-\,.~ ,,'yJ;:i)J~W!~~}~ " '. ~ ,1 ,') .''1' ~.~~ ",': ;.' , , " "'" > . . ," r.- .... . ,\'.-' :,',." 'I'. ;',/ .~! ",'- ','i i,' " ,J.~',;~< , . DOUGLAS E. BITTNER, ) IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA ) v. NO. 98-1115 CIVIL TERM ) GINA K. BITTNER, CIVIL ACTION -. LAW Defendant ) DIVORCE o R D E R AND NOW this /31t1. day of November, 1998, upon Petition of the Defendant, Gina K. Bittner, a Rule is hereby issued upon the Plaintiff, Douglas E. Bittner, to show case, as to why Respondent should not be enjoined from withdrawing any sums from his pension or electing to preclude the possibility of naming Petitioner as the survivor beneficiary thereof, said Rule returnable~~~, 1998. Court Room 5' at .J: 00 ~ f? m. J. ~.. r.(i /. J /1,1 SW.{i' U j.LIf' j'l ~t I ..' DOUGLAS E. BITTNER, Plaintiff ) ) ) ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1115 CIVIL TERM GINA K. BITTNER, Defendant CIVIL ACTION -- LAW DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this ~ day of November, 1998, comes the Defendant, Gina K. Bittner, by her attorney, Louis J. Adler, Esquire, and avers as follows: 1. Petitioner is th~ Defendant in the above entitled action. 2. A complaint, answer and counterclaim have been filed and served. 3. Petitioner has been advised through counsel that Plaintiff does not intend to proceed with the matter at this time. 4. Among the marital assets is a substantial pension which Respondent has from his place of en~loyment. S. Petitioner has reason to believe that Respondent is considering early retirement, whereby he may withdraw a part or all of the pension assets and secrete them thereby impeding the opportunity for a fair and just equitable distribution in this matter. 6. Petitioner also is concerned that Respondent during the pendency of these proceedings may make some election which would preclude the Court from awarding her a survivor benefit from Respondent's pension which would again limit the potential for a fair and just equitable distribution award. , I' , . t(~;~i~<~" .:~" ftf;f{1i,;:,,1 ','j,; ," '4_:~:~~1~~~;}f~:,I:}:-;'~;:_'-';' ';Jj:,\"j._~,~ .'/ ,~,~) ",Y.:N~Jll!,~,,;;.'{,:~,t\"': , ;i'~~-t'r{.'t-\\i-','i:',', ~, ':.-! " ~ :~';,'J.J~')\l~'.~:..,'" ' "II,) ~V""';~"':" \ ~. "fJ "I r," , " ....r.a I:~ ;'! f,';~ \ ~'';'j'''\l~tj\l ~'t~~)/"~.)" 'f "'" . fl<> '~~7.~",.~ _;~.~., ":"'",-: . , . ".''' \' 'q; , Cl j},~~~{}' ~:: i~' r!!: .;~ (,{ ~:'t ~I ''''~'J''Q ,-" , 'i''I.(k}lfl ,~'f:;!...~ 0:$,..' '! _, '>!y- ..7I-?~;!J~?t"~'~'J'f; !-;{d .r... ',"'u; 1~ ',,, .'\ 'I . J,b.w ,! n.. ~\~\~r1~1 J:' " f r:";{;';~<-1&1~" ,'\ .:, 11:;~/'!i~J{,\ .'A~I:.r~r : >'. to, "r"~'i'tJ . h ..";-' \ ',C'\I ~ ::':~}. '4;" ,,;\.~ l" , . !~\'.'ll~':k ...~~1,~" !t.1J,,'::'. (\;~:: ~ \f~V.tt}~.;,</.I(""k:'r:!.:~; ':~ s:> 'fd{A,'..{Jtll/~t4Ir?,r,,<'~"f:";' ,\');C "!~"(,.'7 \':Y..'''lP.;il..~''-I;~IL.' ,""~ eo' .r(tllt..~.;;r'iJ;~~k~;bO'(~\ O"\J ~t.:L;''!;,t~l:.l,~~",..ib",;-t, ;",,1; , ~q.'\ ,:- '(li\"\,'1..Jf\n,"2; "d'~~, :\' ,\li;,,~ ". \ {:"l ,1~'{lJ~i/o!-~~.,., \ ~...' . -f.::' ,",'I:\;. '- \ 'r....."1.,: ...." ~ .' ,. ~w.'':.''~'r~'~l\ ~ \'t: "\'/ b4i" ... .'h ~ \"~~'.;:"")'J)i.tl::f"l~:~~~,,{,~~:,.t', '. . 'it,~...~ '~...." III ~>;'''' '.r' , {' ' I" l~).tt$'~'."I"\"":' \:'\~X~j~' ,l,,~ ','," , !)r.'i~ ,~' ( :. ~;j~, ".'N\":! -;~, 'J,~ ') . . (:!k~' r'...tl,;:.J\ I ~)';")o~:)';l"~";'\;'~ '" . ';~, l ' . ~~':'I .~I'''\J'''~ It.l'3j!'~:.',~:.",(~'''',''1 ',.' i\:il' .:" ":"~"JH!!,~,1~;. ,,('" 'J' I.' '. : J:~-:'t ,'):..'1-ljH", ","'fl~'~"'71t'\ ~'~lll', ,; , '\.~f~/b'I':'" ;,J,\:,~'i\f><',:~,,~ ';,,,,; ;\ ~ J, ,t~f{;'J i'1;'." I~ ,~\ ~t#~"''''..,1(1'',., , i5ilWlf ~ilJ~~ , ~t'it', '~~i{>, ~/*'!fi rii,;i ':Ii,.'!,;' 'fl~"': iI"Y'J'? \\\1\\:; lq/.'ii' ~)~f.J:r" ~fu~~lf !\l. ,ii:I*Mt ::~. 'f" .,,~ '~y'., UN'tb :;~1;';'1 MII~\l.:td '~l;"'/I.~.. f~l,~t!'i{ "~W\'~ ;1l1~.:-' \~!-'f,'.}: ~~~~ jfifl{~N ~'::)'~:{A t'.~~i~.;' ; ~,"_. , ' ,#~",O~ I, '/'" '.n II ' \'-~:l.''!.;' ,'.. t~.. , ' : ,I .,"; ,: 't,' p1{\~>'j: ~'.y\", 'j'~:~ oJ,' .,_' :: \ . . '"'~". j>:'l,{ ',~. ,'., ' '. I~~tr. .~,'~..";':~, \-;,,"'. j}' j .1{. ~'\11' , "'. .~'., " fij--:~~\'iii~,-r.J \.~ '. \; . ~, 'j'; ~1':;~,......;-i'j"L"" j " > ',';} ~\.'i\".!,H~,!'t." f ~ " -' : I, ;~!.10'l..;'';'\q ~:,jl: ~"; ,,\ I"j;<"':...." '... \r~-! ~. ':~Y~I'" ,\ ,,\ :f-..: If ~', \ .,;". '~J'. l '~tt~tf;~r;-\:,.}"":" , ;1.1".....1,..,1...,.:' ~Ji:i~~fj:f ilL. ':", ". I. "'.-'j') " , " .'j .'!S i'~ ;t; -:,.,':.)~, 'oJ ",' 'It .' , -~'.: ',") " ;; " - :..~' ~,:/~~;::.~:i~ -."f'....' .. ... )ii;j1~~ ' ""..', '" "'"r"I""A~ ,\".,~,U1 ,'P'" 'i,'':!' ; l'~;~~')~ :t~~t'l'-v{f ~J;S;1-~' I:J,".:,~.~-n.:' 8~~E~ t'.\J.'.y:.:.\~ ~~.:J,.-~'~' ~0'~~lt~~. '('!t':i1wP ~~{:"\r;~<. ;,a.':' (~1: ,\1)\1:') )~;i<\J.;~ );'J.ei~ '\;."';,~~ ';:~.!~rjl. ' 'I"""'CC ~,~,~t:~' r; 't'A\'~' ,., (rl~.;\~:t;~t ~:.;.~'~/;},m~ r Ji;~:. 'f " ~I:,.',l' 11'" " ~~)~,t{~,.~ . ,',.. "):".'f~; '}.~J,,,,;l:..~ "', ",,' ;"~'k.,.,', q~,.,,::l,'j;. " 'E' {"It""""''':~":-'.'~J';:I!..;.\ l;< ,'.:~ ,~, "/}\'11,~, '!,~:r.t:.tv ' ',:...~ ~" ':; ., ).:l',:" "'f",~".l, .';.'. .. I' ,'ill ~ ~\;" A ,~t '::'{t~'r-: ''',:' , " ~';"'",\':t:-;~\~ ,1lj ., ~ \-,1"" .,.;\"':.ir~~.-l,'M. ':',':, ,I, ~'-H. '.l-...~.,~.).f~.lt\:.\ J . ....., ":;"'''\''-;i'f'.,':.^''';..,~ """,;', I. ';';..,,~ t':':;!'f"1.~~~i!.'!'t;\f. : .':::;:'[~fftl , < "'{tn/~'!',\:H"'~d?St'l .-" . ~\. ~.'l :) ,.l,!~).:t::.';o.'!l" , ",'~ " "A~',j~.I<'f l~' )"!it~ . , ',.-1, ,J. /..)" -/,.,:V'J::~5'~ , " ,I ' ~,!: ,,'.I': ,:~/, 1:.;/ ,t'iih;~ . - " " : I~"': . . " ;1 , ':p'"/''''' ""-, ~ " "':-:~f.'" ..:if:/.~ ' : " ',I I 'n.. '1\.1"~~r; f ~,~ , . ,','.. ~ I~'~:">;f!':'h'% ~:t~'\ "':;:: ':,' 'i" '1,\'I.""./~,ee:y~ . ,~ ,':J:;'. ";~,-'.:,:)I:-..,I: . \ "!' ,. \~,'!">';\~\!.~..t:\;'!i w \~ .' .' ~;"'l.t~t\;tl""~ ~ , ',-' 'j.. 1;""'('\ \. ,: I """ '...f..l1;,,( ",':." ~ ":.'~~:J.'lt\.:y i , -' ,"U" ";l1 . '!..~-~'\llf' 'r, ',"., I~; . ,--...wI '~~f~.. M~ ' '" ':.' ::: {'-:\.' .l." 'l';j~~~ (;{~ "4 .,.., . \ ,ct. ~ '; ":, ",,', ' : /' ~>;~'?:'Y''', \i,:t~~/f':f.[g~~: ,,' : I "n:.'i'".:' . '.....~ 'r J';r...y..{J"i.~:<N;l" :,,',:;,;: ,':..: ",:". . " '~';,\ :.~) ":-l..\. ~ :>. I:;: ~- '":l ~~ (.J .:1:' fw~ ,.';1;5 <J- ;,,7- [or15 f.tJQ.." ;3 ,;'. .t" '(' '-,'. "; ~~:t..,; /,s,., ,;;., ;(:.'~','~',~~,' 'J;i~~\j]j:.,~~);'ir; ~:\"~I':~;' ,-,:\ ~".},~~. \, .<~..;,~~~ltl <~ i '" 'l' ",,, 0-"-0""4'"'' g:::,~ '~~'. ;~'!re',~.~1'~'.;:)~~ ,~ ~; ......--;ii..,.::M;,S.l,;}:}~I~'~ o --: ~~..."....-:,' ';;\"N>"'l~""( '. ~.. '.'.~r.l. .::~;~F.,~;i.i;j ~ ,'" ,r--,c::::".. "! ~ ,~'d",.. :'::~:'~;~;,\'/i:~;,~ f:l ~ lQa:; 'I: .::',sc/.....;:\;:;:~: J ':i,%li~1il /i . .' ~ ",' 'j.l'" '" .:' " ',-' :.1' :.;~ ': ' ,', .:',,',':- .,', -"';, -,,-. ..... -, ~' .',': ..,. ',-:": ,-'-.. .';, ---. " .. :"~"""it...,- , . ,~".. ,..>....,~"" . " '::l)~}';" rif,il"~ lj{ > :\\':'I""~M1~.' .., ; ',l.\,J'I' .~...,~ :'In' -\ J; ..;',' ,~,>!.j'~\_~.J "I':\..,tf!~' ~ , . -: .''t .~t~~'\'0:f.{'~I;f'.^,~ , ,..r '. "i !", J ",:a..,,}i' 'p, /::1~~; I ") J . _ \ ~'l' h:h\"t,,,'{V,f! , , " :~.. ';:;,'~" ~1i k~: " :' I/':\'::;,t}':;/-~!~fri~~%~!) ';i'i,",':.ril,' , ,,"i'-"I" . ,.; 1/.' ~ ~7 ., DOUGLAS E. BITTNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,t . !$ v. ) I ) ) ) NO. 98-1115 CIVIL TERM -I I;. ; ~ ~~ :'~ "g ';ii,'$< 'M' ,,:We ~l"!" ~~1 i\~ 'f.;l\ Ui '.(~ -l'ill :\~~ '"t, ~S:~ :t.~ ~ GINA K. BITTNER, Defendant CIVIL ACTION -- LAW DIVORCE P RAE C I P E please withdraw the petition for Special Relief filed on November 9, 199B, and discontinue the hearing set for December 4, 1998, with the Honorable Edward Guido. Date: lll2.. .,/ '7 IS ~ Louis J. Adler, Esquire Attorney for Defendant/Petitioner ADLER << CLARAVAL 125 Locust Street P. O. Box 11933 Harrisburg, PA 17108-1933 (717) 234-32B9 Attorney I.D. No. 07040 nlaCRIrTION AMOUNT Cllllt.I': TV IWIII. IUl'I'II'1'I~ 'I'IIXIW HOMll,OWIJlmll III1lUllIINCI~/IHml'lmll onoCltn IIW IIUll 1I0U/lI,:1I01,lJ flUPPLIES 200.00 TAXII, INCOMII, '!'IIXIW NOT WI'I'HIIELlJ (IIMOR'l'IZED OVER 12 MONTIIS) 280.75 Plm CIIPITII/OCCUPIITION TIIXES 1.00 O'l'Hlm "IIXIW AUTONOTIVW AND TRANSPORTATION IXPINSBS, PIIVMENTfl (PIIVMEtlT ON WIFE'S VEHICLE) 240.00 I NflURANCl1, (APPROXIMATELV $50 IS FOR WIFE'S VEHICLE) 80.00 FUEL 215.00 Mil ItlTENANCE AND REPAIR 50.00 LICENSE AND REOISTRl.TION 3.00 PUBLIC TR/lNSPORTATION INBlJRANCl, LIFE INSURANCE ACCIDENT INSURANCE HEAL'rII INSURANCE OTHER INSURANCE NlDICAL IXPINBIS NOT RIXMBORSID BY INS., MEDICAL/DOCTORS DENTAL 30.00 OPTICAL 5.00 ORTHODONTIC 5.00 HOSPITAL MEDICINE 6.00 SPECIAL NEEDS/THERAPY AUSTIN THERAPY 50.00 IDOCATIONAL IXPINSIS, , PRIVATE/PAROCHIAL SCHOOL TUITION COLLEOE/VOCATIONAL TUITION ROOM AND BOARD FEES AND SUPPLIES AUSTIN'S CEDAR CLIFF SUPPLIES 60.00 BOOKS , , ; 1 i. I , I ! I : T, I"". DBSCRIPTION AMOUNT RELIGIOUS TRAINING CRBtlIT CARDS AlIIl LOANS I 1. ASSOCIATES (500.00) 40.00 2. ROSCOV'S (500.00) 50.00 3. DISCOVER CARD (4500.00) 50.00 4. LOWES (1600.00) 50.00 5. NORWEST FINANCIAL (323.00) 50.00 6. TEXACO (600.00) 75.00 7. SEARS (955.00) 35.00 B. EXXON (765.00) 75.00 9. MEMBERS (2500.00) 100.00 PBRSONAL IXPBNSBS, . CLOTHING 100.00 LAUNDRY AND DRY CLEANING 45.00 BARBER AND HAIR DRESSER 20.00 LUNCHES 85.00 . IIISCBLLANBOUS BXPBNSBS. HOUSEHOLD HELP CHILD CARE NEWSPAPERS/MAGAZINES/BOOKS 20.00 ENTERTAINMENT 100.00 VACATIONS 100.00 GIFTS AND TOYS 75.00 CHARITABLE CONTRIBUTIONS BO.OO LEGAL FEES 125.00 OTHER CHILD SUPPORT OTHER SPOUSAL SUPPORT/ALIMONY/CHILD SUPPORT 287.00 OTHER MISC. EXPENSES IRS BACK TAX INSTALLMENTS 150.00 EMPLOYMENT EXPENSES NOT DEDUCTED FROM PAY UNIFORMS OTHER EXPENSES-SPECIFY UNREIMBURSED TRAVEL EXPENSES 25.00 TOTAL EXPENSES 4212.75 PROPIRTY OIlNllD OIlNllRBHIP TYPE DESCRIPTION VALUE H W JT CHECKING SAVINOS DAUPHIN DEPOSIT; MEMBER'S lOT MEMBER'S 1ST 1000.00 0.00 x X CREDIT UNION STOCKS/BONDS REAL ESTATE 204 CREEKWOOD DRIVE, CAMP HILL PA 148,000.00 X OTHER INSlIRANCI COVBRAGI TYPE COMPANY POLICY NO. H W C HOSPITAL/BLUE WIFE'S BLUE CROSS 179-50-6278 X X X CROSS MEDICAL/BLUE WIFE'S 8LUE SHIELD 179-50-6278 X X X SHIELD HEALTH ACCIDENT DISABILITY INCOME DENTAL COVERED UNDER BC/BS X X X VISION OTHER-SPECIFY *H=Husband; W=Wife; J=Joint; C=Child SUPPLEMENTAL INCOME STATEMENT (a) Thin Corm in to be CLUed out: by a pernon. (1) Who operaten a bunineno or practicen a proCennion, or (2) Who io a mombo." oC a p,1l"tncl'Ohlp or joint venture, or (3) Who io a ohareholder in nnd 10 onlaried by a cloned corporation or oimilnr entity. (b) Attach to thio Dtatement a copy of the following documents relating to the partnership, joint venture, bUDiness, profession, corporation or nimi1ar entity (check block to indicate the document is attached), (1) The most recent Federal Income Tax Return. (2) The most recent Profit and LODS Statement. attached attached (c) Name of Business: BusineDs Address: Business Telephone: (d) Nature of Business (check one) [ 1. Sole Proprietorship [ 2. Partnership [ 3. Joint Venture [ 4. Professional [ 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period 4. Net income per pay period 5. Specify deductions, if any: r- '.f} 0 F~ :d -n 1.:3 ;.;j -~; ; , ., L':~ ' ',-n C) 11,-= " "1 In '-. "'s:' :: ~ ~J --;"' 1,::,:1 -':('5 ;.;'J ~.:: rT! 1,,,1 ..' :." ;':~ I I -< -.;; '. II': 'r,.!._ If" I.t.c;;,. "i<: 1'1 'I I; 11. . , ?"f{:'~~ hid, ~~"r~ I r", 1','\;1 b.".:......ll '"" " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. BITTNER, Plaintiff v. NO. 98-1115 CIVIL TERM GINA K. BITTNER, Defendant CIVIL ACTION - LAW DIVORCE .INVF.NTORY OF DOUGLAS E. BITTNER, The Plaintiff by his attorney Diane G. Radcliff, Esquire files the following inventory of all property owned or possessed by either party at the time this action was cOmmenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subj ect to the penal ties of 18 Pa. C. S. Section falsification to authorities. 4 relating to unsworn ./ /' ~ ~~ -- ~ QUIRE 3448 Trind e Road Camp ~ ,PA 17011 Phone: (717) 737 -0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - ABBETB_AND_LIABILITIEB--OE-PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. (X) 2. () 3. () 4. (X) S. () 6. () 7. () B. () 9. ( 10. ( 11. ( 12. ( 13. ( 14. ( 15. 16. () 17. (X) lB. () 19. () 20. () 2l. () 22. () 23. () 24. (X) 25. () 26. (X) 27. (X) 2B. (X) 29. (X) 30. Real property Motor vehicles Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits severance pay, worker's compensation claim/award Profit sharing plans Pension Plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution is in dispute) Other assets Mortgages Loans Credit Cards Other debts - 2 - ..' I . MARI'l'AL-ERO~RTLAND-HARI'l'AL-LIABILl1'J:ES Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation and, all marital liabilities owed by either or both spouses, individually or with any other person as of the date of separation: ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE l. REAL ESTATE: 204 CREEKWOOD DR. TO BE SOLD DIVIDE DIVIDE CAMP HILL, PA AND DIVIDED EQUALLY EQUALLY TO BE SOLD AND PROCEEDS EQUALLY DIVIDED EQUALLY (EST. VALUE $148,000.00) 2 . MOTOR VEHICLES: 1995 PLYMOUTH NEON 7,500.00 7,500.00 198B FORD BRONCO TO BE TO BE DETERMINED DETERMINED 19BB FORD CONVERSION VAN TO BE SOLD DIVIDE DIVIDE AND DIVIDED EQUALLY EQUALLY EQUALLY 3 . STOCKS & SECURITIES: NONE 4. CERTIFICATES OF DEPOSIT: NONE S. CHECKING ACCOUNTS AND CASH, JOINT DAUPHIN DEPOSIT UNKNOWN CHECKING ACCOUNT - 3 - ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE WIFE'S PSECU SHARE UNKNOWN UNKNOWN ACCOUNT 6. SAVINGS ACCOUNTS, MONEY MARKET, AND SAVINGS CERTIFICATES: NONE 7. CONTENTS OF SAFETY DEPOSIT BOXES: NONE 8. TRUSTS: NONE 9. LIFE INSURANCE POLICIES: NONE 10. ANNUITIES: NONE 13. PATENTS, COPYRIGHTS, INVENTIONS & ROYALTIES: NONE 14. PERSONAL PROPERTY OUTSIDE HOME: NONE 15. BUSINESSES, NONE 16. EMPLOYMENT TERMINATION BENEFITS, NONE 17. PROFIT SHARING PLANS: NONE - 4 - '\i r L~ , ' :I' if f! II~ :)/ , 1'/1 ru I I' , I I';' '" , ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE 18. PENSION PLANS: HUSBAND'S CSRS (NON-SS TO BE TO BE PARTICIPATING) RETIREMENT DETERMINED RETAINED BY PLAN HUSBAND WIFE/S COMMONWEALTH OF PA TO BE TO BE RETIREMENT PLAN DETERMINED RETAINED BY OPTION 1 PRESENT VALUE WIFE $138.877.04 19. RETIREMENT PLANS AND IRA ACCOUNTS: NONE 20. DISABILITY PAYMENTS: NONE 21. LITIGATION CLAIMS: NONE 22. MILITARY/VA BENEFITS, NONE 23. EDUCATION BENEFITS: NONE 24. DEBTS DUE INCLTJDING LOANS AND MORTGAGES HELD: NONE 25. HOUSEHOLD GOODS AND FURNISHINGS (ATTACHED LIST IF IN DISPUTE) : LISTING TO BE SUPPLIED 18,000.00 18,000.00 26. OTHER ASSETS: NONE - 5 - "'~' ITEM DESCRIPTION OF PROPERTY VALUE VALUE TO VALUE TO NO. OR LIABILITY HUSBAND WIFE 27. MORTGAGES: COLUMBIA NATIONAL TO BE PAID DIVIDE DIVIDE MORTGAGE ON MARITAL UPON SALE OF EQUALLY EQUALLY RESIDENCE (EST. BALANCE HOME $100,000.00) 28. LOANS MEMBER'S 1sT HOME EQUITY TO BE PAID DIVIDE DIVIDE LOAN (EST. BALANCE UPON SALE OF EQUALLY AND EQUALLY AND $30,000) HOME REIMBURSE REIMBURSE HUSBAND FOR HUSBAND FOR EXCESS PAID EXCESS PAID OVER 50% OVER 50% 29. CREDIT CARDS ASSOCIATES (760.00) (760.00) BOSCOV'S (670.00) (670.00) CITIBANK VISA (9,317.00) (9,317.00) CORESTATES (S,9B7.00) (S,9B7.00) DISCOVER CARD (4,500.00) (4,500.00) EXXON (765.00) (765.00) LOWES (1000.00) (1,000.00) PP&L (150.00) (150.00) TEXACO (600.00) (600.00) PP&L (476.00) (476.00) ROMAC FINANCIAL (192.00) (192.00) SEARS (955.00) (955.00) TOTALS 805.00 (1,749.50) 1,B78.S0 - 6 - I" ': I I . NO~I'l'AL-ERO.E.ER'l'LANILLIABILI'l'.J:ES plaintiff lists all property and/or debts in which a spouse had a legal or equitable interest or owed as of the date of separation which is claimed to be excluded from marital property or debts: ITEM NO. DESCRIPTION OF PROPERTY/DEBT NONE N/A BASIS FOR EXCLUSION III. PROPERTY TRANSFERaED Plaintiff lists all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: ITEM NO. DESCRIPTION OF PROPERTY DATE OF TRANSFER CONSIDERATION NAME OF TRANSFEREE NONE N/A N/A N/A - 7 - CER:I.'IncATE-OE.....sERV..I.CE AND NOW, this L/-I------ day of 1998, I, DIANE G. u~u--.z__ , RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within INVENTORY, upon the following set forth Attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Louis J. Adler, Esquire 125 Locust Street Harrisburg, PA 17101 Respectfully CLIFF, 48 Trind e Road Ca , P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Plaintiff - B - ". { " !.: \ "(1""" .-: ., "". ( , \0 ('") ,- :::J ";1 ;~.. '~'~:J '1 ~. " ,., " -. :-) ; ;,1 iTI , I .',"lln , .....J ,0 . . :~CJ I I"'~ ...., ,_: ::1 .-. '..!FJ -,> ;.~ C<i';'n I ., - ~'1 ~.:::.! I ._, :;*q -' ..... i I i , i i I I I ),',' i > l" i r.' r, -'.1', <'.' , ~: " " , ',,- "" $,..".:1, ~ ' "'~'<I"':'''''''i:' :::>< · '1'-"'0' en ri,,-, ,~. !.,J.j';'f,~'\jl""'~f~;.lt';\__v,' o:?- \lI';ji:":!11"'I'ii'+'<~"'_" >. '~l;";I:f'\"lil"t1:'. . ;" ;<<", G~ ~"'"'~!Ir;'~":2~t'{jCJ " -' ",. "'~' .1':. '''~'i/;';:';'l:i';'fi3g; .. ; M", ''''5 lit;.. ~'~;;..r.:f,t~ '1" ":,r C'J,. ... ..., '~'\'ll-~..", "1 ("" hr:1'V"'I"'~!!G'{~ ~ Lid'".,! 0.-::;,;:, ~'j(fj \ ,fl" t'J""',,, U:;'r " .~" , L.",o. ~ :11if{:~~:t;l~j~\~"~'~~'4\ct:.; :e 1.ft~'JYJ:~a0:~;;:~"'l:' f~t~ ::",8 "'\)J'",I"-!i'\llff 1''''-,>0/,0''' <, ' ~' ~"I'...;""\.",j~~~.,,::< .N'l'f" C~~. ,1 \~', I, ?:~"'~l'}A;"'~'1}-:'-;""Y'/l :1-;; '. '~'}"'> I. '.,. ',;-,,,. (' .'i'r;'",!, r ,k ),n'i..';, .' "':', .. \ ," ,fri'l"'; ,fO'd) Y,{I',,<../,i' '0." t,.j..4'~,:.;:! ~~~'/.J ~1"',\;'i>N'"I;,"\,,!, '.....,' "~'4"", ,,:"h I ~ l''''{,'-'''h ' ., _, . ("'" \""~t'j"",'I""'''''''k' ,;.,1 ''',." .;, '?' Jf{i.ft'..::;;',~~,,, 'i.-:.-:t~:l;}'\,< '~~-"';'i' '. _.'~ , . "~~, ''''~1~., ", ~-~'I"''''.~I\ ~:l, N \'iii!\lci\f,.ftl'~l'\d/t'.:, ;1':\r;"\;~~N'/'l:(f,"; '" ',' I.' ",.'{ :\,,;"<:; ,~ " "';;)":;"" '"," ~', "I~ J,."{",.>:, '.. ~ ..'.."".,\ .,',~",. r' ';4l~;J:}[","( \ j,\ ~, C~I:' "'''', tf..,!~ ~'''';.' :t~~;...:, '.f..' ,). ;'l~t2~ ~!;; ..; :\'Vl,qt(~"j'::"<A: ~~'~in'""",,"''' i", e~"I'~"""''''' """ r:},. ~~:,i:;;'!~'fj;:)~'~'-.:" __,',~.. 'I: ~~s:<1J 1\),","\;I"V.',"/'" ~)r~Jt ~":~~;:;;;i{r~. '''~' /<'''/1"'",:,:,, """.' ?;-iJ~E't~ '~('" !;J.'~.f."f:t:.~'::, ,.:, ~'-~-'~. '\<:,.v.~,:r!t'''l''''\~,;:,j,,: .. & ~'~~~,;.n:\~'~~<~,:;..'<~~ ~ .. ,t ll:j-:';;~""i:~:;'!:~[_"\;",,:, , ".' " \'j":, I;:: ,r,; " ;'0,' :'!"I';";, ,,-'r',-,.._ :!::.l.-,',',;,:,' ,.. " ""'. -',:., .;' ;', '. ~) .~ \ ...,',~, . ~.' .~ . t' , "'1." ,'" "", ..' ~ ~ " ~ , '" <t., , ,I,' , 'I, "~~ " ".:_'; )iii 1;"jJJ ",." "', . .f:.r"::~(1~~ " ,! ,.\.1" ,"\:i,~.,,)__.}P' ,j;' '" ., ',,' ", ,;.';: :, .;,~:,.'.} ; ';:>'-,,~ -;":.'; .~"~~/ , , "',,, ",' , "" "",,,,r'!""I"'>> " f: -; '::~ ; .. }'('(";::;~;;~1!;\[~:;t:ji~~b~ '''" ',I . "'<""" .,"'"''<.., "ot ", ..".' , '~t < '''~ ;",1>. ~(',,-:~~..t,' '1''''.'' " , L J". '~'," <)" ',', \(li~';;,"'",\ "." -';:.1'" ':,'-""-;~i-':-;" '-, r; ,\:1~j?li!fi . . :~::<")j;~:~ ,I ...l ''^'''' t, ,~,I,'c';~ ~ B. '~~ >~'- " ~,t:; ':~., "'-''''''~ .~<.:;,,','_... 6.>t(,:!,~, - ....- I.... . {-:\~'~~;~ ~ .~ ~!n~Ui;!;, !",;., :,..,1..: '." I,}" '.,'5,":,-., ~ h" .li~;. ;'" '. e ~ ~o.,,~:,::,"I"'~:,'~t,{,,},tl.,.,\,;:,,;::r,.,/i,t,*,:; ,i~11;~~~c!, t:l '" ~~t{r.3i -< ".-..,,' .,,, . ',;c,;;r;"",,;.:.: ."':'~~I;;:: '...: :i,:):;;;;t~;{;~ ~i~~~ .' :,l,~, ~) \"1~;\:! ;~~:'if.z, ~E: "I '-H. h"1i:t""l!- ' I.',. "~".t~;,ft~tl!li . < ..... ('~11"J~),,, (tf:i'~~~';'Jj'J::&)l:' ',-"" " " I \ j".--.H""~~li,.t"" ~ "''':'"j ';"..~t.f("';J~~~;"::P.t r"" ,.-',>. . :~ ...-~ "~"'~\'."'''''''''~i~t~;"~fb;, ~ . "';'<"';""\"'~";,li:i\.'~I~,. ~ ". '~~,~) .,..\:t""~.'~"-l\;,.? .'t. ,,', ,J.-j '.\ ;.;:';:f>, ?"';~~;/)J-I{ <' '., P' I~-.' '1;f;, I '..iJ'....,. j . ," -~ j',~ <;''';;,-: ,\ ':.. '!li':~ I", '. ... ~ ",__ -'i;J ., , '.:':iL:{~;:;1f"i~1R~jf~~ I" J'I. ",'-"" ~t~~)\y"j:: ",' .:" ~{':';'f \:"S'"'i~" I, ,', '", <.' I';' '..'!. ../f.....;< ,,-,.":" . 'h~~:~~ '~'."";::.;{~('.L~;~ I: .,':/ , ',~ "I"~ ," ~t'~'j;"o.it,..;f'v " .,,~, ': '~rtJ,'\;,i'o '7::1\\1;1\ fl :jH;;&i~~i~1' . . " r'.l_~'l'~,",f':;'~~jlj. . ','. ~~'" ~f :'J1:~S' l"~:" l,~ \'1 ,~,,6~i1"~~ .~ }. "~"i oJ'''':-'I. f'~',lttJ:t'\; , , '(..,~,; j};tit]~",!!'!i~ .(,' ',.;t., .~,~.., ~;lm."~*lf., : "i.>." . ",,",'\ JC"'-:;:""~"~feJ " ':' ."~.: \~:'fl;:l;;tf~:}.~' , ,:,:' ',',,', I:'. '-:I:'~'\';,"i5.)')/,~~ ,~--.'-~"',-::.'J' :L. ..'.':31 !,,\~ '{):'~':'(l:~r~ .- ...:-- - ".-) /,~J '~""-;~~I"--I<r;(~f' , ,~. ) ',t,; ~'... ': "~1 (0)\ ',l I! ~\'~~~;r'.~i"~(\'( .'. ftf., , ~"':\"~'\"..-.,(;..,>~- (' ';",A( . , '>,'? :~~,:)&~1~1~( :,,' " "',> , " '. '. ~ " ,', ~ :< ..,;. , " , . :,':<,'" , ~,.' '., .~'. --..., DOUGLAS E. BITTNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 98-1115 CIVIL TERM GINA K. BITTNER, Defendant CIVIL ACTION -- LAW DIVORCE " ) AMENDED COUNTERCLAIM COUNT VI CUSTODY AND NOW, this Z~1tl day of April, 1999, comes the Defendant, Gina K. Bittner, by her attorney, Louis J. Adler, Esquire, and amends her Counterclaim by adding Count VI relating to custody, as statement of which is as follows: 21. Paragraphs 1 through 20 of the original Answer and Counterclaim are incorporated herein by reference. 22. The parties are the parents of the following unemancipated children, on of whom resides with Defendant and of whom resides with Plaintiff. Ag,e, ~ Date of Birth Residence Austin 14 M June 28, 1984 1906 Letchworth Dr. Camp Hill, PA 17011 Eric 13 M September 19, 19B5 511 Kevin Court Camp Hill, PA 17011 23. During the past five years, the children have resided with the parties and at the addresses herein indicated. ~ 12 With Whom Address Austin 6/28/84 01/86 Both Parents 676 Bamberger Rd. Etters, PA ,". 01/B6 1993 Both Parents 1705 Carlisle Road Camp Hill, PA 1993 6/11/98 Both Parents until 2/21/98 Defendant until 6/11/9B 204 Creekwood Drive Camp Hill, PA 6/11/98 present Plaintiff 1906 Letchworth Dr. Camp Hill, PA 676 Bamberger Rd. Etters, PA Eric 9/19/85 01/86 Both Parents 01/86 1993 Both Parents 1705 Carlisle Road Camp Hill, PA 1993 8/01/98 8/01/98 present Both Parents until 2/21/98 Defendant thereafter Defendant 204 Creekwood Drive Camp Hill, PA 511 Kevin Court Camp Hill, PA 17011 24. There are no other proceedings pending involving custody of the children in this or any other jurisdiction. 25. Defendant knows of no person not a party to these proceeding who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 26. Austin is presently in the custody of the Plaintiff and Eric is in the custody of the Defendant. 27. The best interests and permanent welfare of the children will be served if custody of them is confirmed as it stands allowing each party liberal visitation rights with the other in that it will provide the children with the benefit of both parents involvement. WHEREFORE. Defendant respectfully requests that ) I II i I 't "t- ., ~ Ii ;, .' " ., 'j \div\blttner\amctclalm -2- , r --- DOUGLAS E. BITTNER, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 98 - 1115 CIVIL GINA K. BITTNER, Defendant IN DIVORCE ~D NON, thi, , 1999, the day of economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated Sept'amber 21, 1999, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: P.J. COURT, ( Diane G. Radcliff Attorney for Plaintiff f' AJb.<.i.v "7>~e,-<l j(> h /1 q. ~u I ....~.-e Louis J. Adler Attorney for Defendant _iI " t, !: ; ! rlY(l tJ.T:Ci: CF "Il'" '''';'--"''';::}f,''I1Y 99(10 "1..; f-'ii :l: 85 ('U" ",.. '--IJ'ony v i'~n.....n.. - p..) \....U. 1" I PENi'),:;YI.W;.:I/\ , j , I } l r{ "/ f, :. :',' , . ~~ DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737.01lXI and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of \'life by Husband or of Husband by Wi fe; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAM~ The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS, This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute 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 Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 3. DIVORCE DECREE, The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce Page 2 of 26 DIANE G. R.\DCLIFF 3448 TRINDLH ROAD CAMP IiILL. PA 17011 (7171 737.01llU decree in Husband's Cumberland County divorce action docketed to number 9B-1l15 Civil Term filed on March 2, 1998. Upon the execution of this Agreement, the parties shall execute and file all documents and papers, i.ncluding affidavits of consent, necessary to final i ze said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refus~l shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 4. EFFECT OF DIVORCE DECREE, Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE, The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 6. NON-MERGER, This Agreement shall not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Page 3 of 26 I- I .. ~ I : I: (l . ! " , i... " " I i I ~ ~) \ , I I .l I ) I I ' ! { i ] I t \'t-~ /f " . ~ : I,J " , , . f l)~. , '.~:'I. .._._ 8 . D,IB.l'RIB.U.'l':toN_DATE.l. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 9. ADVICE OF COUNSE~ The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE, for DOUGLAS E. BITTNER, and LOUIS J. ADLER, ESQUIRE, for GINA K. BITTNER. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. FINANCIAL DISCI,OSURE, The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party aCknowledges that there has been a full and fair disclosure of the parties' marital assets which has been provided to each party. DIANE G. R.\DCLIFF 3448 TRINDLE ROAD C,IMP HILL. 1'.1 17Ul1 (717) 737~IIlH) Page 4 of 26 11 . lUB.CLOS_llRILANILWAIY.ELQE-ERQCElltlRAL-RI.GHLS..:. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation (said inventory having been previous filed by both parties and a copy thereof provided to the other party), and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby aCknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the fOllowing procedural rights: a. The right to obtain any additional inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code, the parties acknowledging that an inventory has been previously filed by both parties and a copy thereof provided to the other party. RADCLIFF 'OLE ROAD .L. PA 17011 '100 Page 5 of 26 ! ! , , I i I I i i I I I I I I I \ , , I i , I I I I 1 t "t ., ! ~ t . - e ;, i. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. Pol 17011 (717) 737.()100 b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, the parties acknowledging that an Income and Expense Statement has been previously filed by both parties, except in instances where said income and expense statement is hereafter required to be filed in any child support action or modification of any order entered in said action. c. The right to have any discovery as may be permitted by the Rules of Civil Procedure, except rights of discovery arising out of breach of this Agreement or arising out of any child support action. d. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 12. PERSONAL PROPERTY: Husband and wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter Wife Page 6 of 26 .,~,..i. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IlILL. Pol 17011 (717) 737.()100 . ',.."......... agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 13. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since February 12, 1998, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 14. DIVISION OF VEHICI,ES: With respect to the vehicles owned by one or both of the parties, they agree as follows: a. 1988 Ford Bronco shall be the sole and exclusive property of Wife. b. 1995 Plymouth Neon shall be the sole and exclusive property of Husband. c. The parties' 1988 Ford Conversion Van shall be sold at the best price obtainable in light of the van's current condition and its estimated fair market value. The net proceeds derived from said sale, after payment of any and Page 7 of 26 d. all sales costs, shall be applied to the following in order of priority: 1. Payment to Husband as reimbursement for any costs that he has incurred for maintaining and selling the van including, but not limited to, advertising costs, insurance, registration, maintenance and the like; 2. Payment of any outstanding utility bills that were incurred during Wife's sole occupancy of the parties' marital home, which if that payment included reimbursement for Husband'S payment of the utility bills set forth in sUbparagraph 3. Above, Wife would be absolved from the obligation set forth in sUbparagraph 3.; 3. Payment to Husband as reimbursement for the amounts he previously paid on any utility bills that were incurred during Wife'S sole occupancy of the parties' marital home,; 4. Payment to each party of 50% of the remaining proceeds, if any. Husband shall manage the sale of the van and shall contact Wife as soon as an reasonable offer to purchase the van has been received by him and shall provide her with information pertaining to the proposed DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. Pol 17011 . (717) 737.0100 sales/purchase price. e. The parties shall accept any reasonable offer to purchase the van in light of its current condition and estimated fair market value, and shall execute any and all Page 8 of 26 I I ( I . I{ ! 1 I~ 'r ; I . I: I I. .I documents necessary to complete the sale and transfer title of the van to the buyer thereof upon payment of the purchase price. f. Distribution of the proceeds from the sale shall be made by the parties in accordance with the provisions of this Paragraph within five business days of the sale. The titles to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 15. DIVISION OF REAL ESTATE: The parties are the owners as tenants upon the entireties of a certain tract of improved real estate known and numbered as 204 Creekwood Drive, Camp Hill, Pennsylvania ("the Real Estate") which is subject to a first mortgage with Columbia National Mortgage with an estimated balance of $100,000.00 ("the Mortgage") and a DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP lULL. I'A 17011 (717) 737.0IlX) Page 9 of 26 home equity loan owned to Member's First with an estimated balance of $30,000.00 ("the Home Equity Loan"). The Real Estate is currently unoccupied and listed for sale. With respect to the Real Estate, the Mortgage and the Home Equity Loan, the parties agree as follows: a. The parties shall continue to maintain the listing of the real estate with current realtor or such other realtor as b. they shall mutually agree who shall market the same so that it can be sold at the best price obtainable. Upon the sale .::>f the real estate, the net proceeds .\i I " It, I' ' :1' 1,1 I' < I ) I' i},I I .tj I , I , " I , .", , " . following order of priority: deri ved therefrom be divided and distributed in the 1 , 1. Payment of all normal and reasonable settlement cost, including, but not limited to, payment of the mortgage and home equity loan, and any other outstanding liens, real estate commission, real estate taxes, deed preparation and the like; Reimbursement to Husband of the actual cost of any repairs or maintenance that he has performed on the home located on the real estate on or after June 2. 10, 1998; 3. Reimbursement to Husband any and all Member's First home equity payments made by him on or after June 10, 1998; 4. The remaining balance, if any shall then be equally divided between the parties. c. The foregoing notwithstanding it is acknowledged by the parties that the sale of the real estate is not DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 (717) 737.()100 Page 10 of 26 i l I , I l , ) I anticipated to derive sufficient proceeds to pay the Mortgage and the Home Equity Loan in full. The parties shall nonetheless execute any reasonable sales contract necessary to sell the Real Estate at a price sufficient to pay the Mortgage in full, subject to the condition that should the proceeds be insufficient to pay the Mortgage and/or the Home Equity Loan, and the lenders for those obligations should refuse to release the Real Estate from the lien thereof, the real estate sales contract shall be canceled and any monies paid by the buyer on account of the purchase price shall be refunded to the buyers. 16. EACH PARTY RETAINS OWN PENSION PI,ANS, Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. As clarification for the foregoing, the parties acknowledge and agree that Wife shall receive as her sole and separate property her Pennsylvania State Retirement and Husband shall receive as his sole and separate property his Civil Service Retirement. DIANE G. RADCLIFF 3448 TRINDLE RO,ID CAMP IIILL. Pol 17011 (717) 737.0100 Page 11 of 26 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737.01llO 17. IlIY..IS.I.olLQJLEANlLAC.CO.IlNLS/STOCKLLIFE IN5.l1RANCE.l. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter Wife agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Husband shall become the sole and separate property of Husband; and Husband agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the ter.ms hereof. 18. WAIVER OF INHERITANCE: Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 19. WIFE'S DEBTS: Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any Page 12 of 26 debt or liability for which Husband or his estate might be responsible and Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement, for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 20. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible and Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement, for which Wife or her estate might be responsible. Husband shall indemnify and save \'life harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 21. MARITAL DEBT: During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the bills were incurred, the parties agree as follows: a. Wife shall be solely responsible for the following bills and debts having the following approximate balances as of the date of the marital separation: 1. 2. City Bank Visa CoreStates $9,317.00 $5,987.00 DIANE G. RADCLIFF 3448 TIUNDL8 ROAD CAMI' IIILI.. PA 17011 (717) 737.0IlX) Page 13 of 26 DIANE Q, RADCLIFI: 3448 TRlNDLE ROAD CAMP IIILL. Pol 17011 (717) 737.()IIXI charges are made in violation of this Agreement than the party incurring said charge shall immediately repay the same. e. Any liability not disclosed in this agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. f. From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 22. BANKRUPTCY: The parties hereby agree that the provisions of this Agreement as between the parties shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations as between the parties contained herein and any obligation assumed hereunder for which the other party may be liable. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations specifically assumed hereunder for which the other party may be liable, said bankruptcy filing and discharge shall be deemed to be a default of this Agreement thereby entitling the other party to all rights and remedies set forth in this paragraph or otherwise set forth in this Agreement. This paragraph is not applicable to any deficiency arising under the first mortgage. Page 15 of 26 23. a~ITY BENEFITS: The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties I marriage is determined to be of ten (10) or more years in duration. 24. INCOME TAX PRIOR RETtffiNS: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 25. FINAL EOUITABLE DISTRIBUTION OF PROPERTY: The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IlILL. 1'01 17011 (717) 73741100 Page 16 of 26 26. NAIYER OF 1\.LIMQNY~.PJlt1S~llaL Except as set forth in the following subparagraphs, the parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for al imony. al imony pendente lite, spousal support, maintenance, counsel fees and costs: a. The foregoing notwithstanding, the parties agree that the current order for spousal support for Wife in the amount of $156.00 per month in the Cumberland County Support Action docketed to No. 346 S 1998, Pacses No. 032100104, shall continue in full force and effect until the entry of the decree in divorce between the parties. b. Effective the date of the divorce decree, the support order shall be converted into an order for alimony for Wife pursuant to which Husband shall pay Wife alimony at the rate of $156.00 per month. c. The alimony payments aforesaid shall continue until the earlier occurrence of any of the following events or dates: 1. June 1, 2002; 2. The date the parties' child, Austin R. Bittner, graduates from high school; 3. The remarriage of \'life; 4. The cohabitation of Wife with a male person not related to her by blood; 5. The death of either party; d. The alimony shall be reported by Wife as income on her applicable income tax returns and shall be reported as a DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP lULL. Pol 17011 (717) 737.0IlXI Page 17 of 26 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IIILL. PA 17011 (717) 737.0100 .". deduction from income by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. e. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement of the parties. f. The alimony payments provided for herein shall be payable and enforceable through the Domestic Relations Office. 27 . CUSTODY: The parties acknowledge that they have heretofore entered into a custody stipulation pertaining to the custody of their two children and, they agree that the terms of that stipulation shall govern the parties' custodial rights pertaining to their children except as otherwise modified herein. 28. CHILD SUPPOR~ The parties acknowledge and agree that there is an existing a child support order entered in CUmberland County, Pennsylvania docketed to No. 346-S-1998, PACSES Case No. 032100104 requiring Husband to pay \'life the amount of $131.00 per month in child ) l I I I 1 i h r~ i I 'I .1.'.' 1, '{ ". , . I i i support. This Agreement is not intended to make any provisions pertaining to the Support of the parties minor children. Rather, all the determinations of child support shall be made in the above referenced support action. Page 18 of 26 30. MEIllCALI~ Hereafter Wife shall provide the medical insurance coverage for the parties' children as is provided to her through her employment at a reasonable cost. Currently Wife has no costs for that insurance. Any cost for that insurance hereafter incurred by Wife shall be shared by the parties in the same percentages as the sharing of medical bills as ordered by Domestic Relations in accordance with current guidelines. In the event it is ever determined that Wife's costs for medical insurance exceeds the costs that Husband would incur if he DIANE G. RADCLIFF . 3448 TRlNDLE RO,ID CAMP HILL. PA 17011 (717) 737.()100 carried the medical insurance for the Children, then Husband shall provide that medical insurance instead of Wife and the costs therefor shall be shared by the parties in the same percentages as the sharing of medical bills as ordered by Domestic Relations. 31. PERSONAL RIGHTS: Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefic, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Page 19 of 26 \ I I I ~' \~~. ( 'I 'I" , I 1[' , 'f'" , .:~; i i : 1 i' "' 31. MUTUALJiELEASESJ. I ~ ''\0' I Husband and Wife each do hereby mutually remise, release, (, \ quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of any from any and all rights, title and interests, or claims in or , against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she l now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IIILL. PA 17011 (717) 73741100 Page 20 of 26 \ , I j , a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 32. NAIYER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 33. MUTUAL COOPERATION, Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 34. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 35. INTEGRATION, This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP flJLL. PA 17011 (717) 737.0100 Page 21 of 26 I , \ t-i , 1 I I I 36 . OTHElLD.o.cJ.lMENl'AnONJ. Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 37. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 38. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. a. the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. Pol 17011 (717) 737.0100 Page 22 of 26 I, " " .\ , I j , " ,~ !J I' I I f I ,:~ be reimbursed for all reasonable at torney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. the right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. the right to all remedies set forth in Section 3S02(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: 1. the entry of judgment; 2. the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; the award of interest on any unpaid installment; 3 . 4. the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; the posting of security to insure future payments 5. to compliance assure with the obligations DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. Pol 17011 (717) 737.()100 undertaken by this Agreement; 6. the issuance of attachment proceedings and the holding of the breaching party to be in contempt Page 23 of 26 i, 1\ II !I it ;'t- ' I. , " i, II I ;1' .. '> " and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. 7. the award of counsel fees and costs. 8. the attachment of the breaching party's wages. d. Any other remedies provided for in law or in equity. 39. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 40. SEVERABILITY: / , I .' j / I '" , If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or J otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 41. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP IIILL. Pol 17011 (717) 737.0100 Page 24 of 26 '\ I I , I I ! I ~, ,) ! [ ( if, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the 2/-d day of ~,();(;A'1IAu.hJ ,199<1 ,before me ' I the undersigned officer, personally appeared, DOUGLAS E. BITTNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that DOUGLAS E. BITTNER executed the same for the purposes therein SS. contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. NOlanal Seal Deborah l Donley. NOlary Public Camp Hill BolO Cumberland County M~' CommissIon ~tOlres Sept. 23.1999 MIllllDel fJ8/111SViVaiiiJ AssOCiation of NOlar/as ~/u cf? 4h~ NOTARY PUBLIC MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA 'DCL~ '"'- \" COUNTY OF CUI-laE ill SS. On this the Q\ ~ day of ~'\:uv , 19 ~ 9 , before me the undersigned officer, personally appeared, GINA K. BITTNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that GINA K. BITTNER executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I have hereunto set my hand and notarial NOTARIAl SE.\l JOOY GOlDRItIG. NOla.y Pulllie HarriSburg, OauPlrin COUIII! f'A My Commissm" hp"os Nov 03, ,'Onl - (~ ""J"'k'Y) -l~ ~ '/'-NOTARY PUBLIC \ MY COMMISSION EXPIRES: DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 (717) 737.()Jl)O Page 26 of 26 I) It II : 1 , ~~ '" l f I ': '/ 'I , ' , , , ( , . . " DOUGLAS E. BITTNER, Plaintiff IN TIlE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. GINA K. BITTNER, Defendant NO. 98 - 1115 CIVIl., 19 IN DIVORCE STATUS SHEET DATE: ACTIVITIES: Nov. 16, '98 Pretrial statements due 12/7/98. 7/ ~ ( / ~(1 ~ 6/29/99 I . I - SECOND PREHEARING CONFERENCE SET FOR 9/23/99 at 9:30 a.m. . C,....ALU/ t..U).,' (1-0,-",1 d,Lv'AU( ~ _<u.l1kJ '7 ~ /'-'.I~",f {."j' ltp \ ('<, \u.,,~"^-::t& &.. cv~- /.A.If~~ ~b-7i .t.i,/1 (c;i'~' :l,.-, ,.:f . { ( /0(/ f ( d,~U.",Jo'./ /"j ~.t"A.I~ (1+) \ )''\lV.....~t .';:!L1Lv>\~~C o;;:U:t rrl::.u "leI !~:t"Jl.u .J..c.;t....ll \ ',j ., ;#<. ,. "." ,~,~ ~~:: ',> ~: ;, J} . OFFICE OF DIVORCE MASTER CUMI3ERlAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slrool Carlisle. PA 17013 (717) 240.6535 E. Robert Elicker, " Divarco Maslor Tr.cl Jo COlyer Offico Managor/Raper/or West Shore 697.0371 Ex!. 6535 November 16, 1998 Diane G. Radcliff Attorney at Law 3448 Trindle Road Camp Hill, PA 17011 Louis J. Adler, Esquire ADLER & CLARA VAL 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 RE: Douglas E. Bittner vs. Gina K. Bittner No. 98 - 1115 Civil In Divorce Dear Ms. Radcliff and Mr. Adler: By order of Court of President Judge George E. Hoffer dated November 10, 1998, the fUll-time Master has been appointed in the above referenoed divorce proceedings. A divorce complaint was filed on March 2, 1998, raising grounds for divorce of irretrievable breakdown of the marriage. No economic olaims were raised in the oomplaint. j , I) i I 'I ~, ,11 , . ,.~\:': 'r': '1"'- . ' \, , : On March 27, 1998, a counterolaim was filed on behalf of the Defendant raising the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. I am going to proceed on the basis that grounds for divorce are not an issue. Based on that assumption, I am directing each COUnsel in aocordance with P.R.C.P. 1920.33(b) to file a pre-trial statement on or before Monday, December 7, 1998. llpon receipt of the pre-trial statements, I will immediately schedule a pre-hearing conference with Oounsel to .~. . . Ms. Radcliff and Mr. Adler, Attorneys at Law 16 November 1998 Paae 2 discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision Cc) and Cd) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A copy SENT DIRECTLY TO OPPOSING COUNSEL. ,. DOUGLAS E. BITTNER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98 - 1115 CIVIL IN DIVORCE GINA K. BITTNER, Defendant TO: Diane G. Radcliff , Counsel for Plaintiff NOTICE OF PRE-HEARING CONFERENCE Louis J. Adler , Counsel for Defendant A pre-hearing conference has been scheduled at the Offioe of the Divoroe Master, 9 North Hanover street, Carlisle, PennsYlvania, on the 15th day of March, 1999, at 9:30 a.m., at whioh time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. l I , I i , , Very truly yours, ,~ !I ~ 't- /I Date of Notice: 12/8/98 E. Robert Elicker, II Divoroe Master " ;/;,' II' :, 'I 'I I; F ~ i .,!', r.:i:~ "' . '~ .' . " " '.'., " ~ ;, ),;;( . ';;:~~y ,", '-~.';"~'~f~J~ ,,"....}~,\,,"" ;;"~",,.'f;l'F ;;'l'i-:.,;)'~::~dji~ ,.,'",; 'l:;'\'~;'J~'I}; . ':.<~,,'~l.r,~',.:~i~;\~': ;( '.", _t_""J;"l- , ',' 1:'''''':: ,,\' ,'~,_t,tf: ,,;. l,h,,"I':'" ',,"',/ , . ,-;,~~":.,,'3P.;";'I,i~"" ':' ; '~1:"~":!;'::/.{; :' ;}', . ~~:"....(;l;~' , ',! I" ~, .:-":; j.. f , " ~" ~" ~~. tl~' :}t1. }c,:d~' j~ " ,"''''''''J.~".,..".., ,;' ;: :::t:,\/t\Cf'~~~~j,i .. ...._, .,,-L Il;..-;l; ,'Ji0-f1"'~v.~.- : ,,'ir.:UJ;b)~i,1~ift~~ ,~_: ..,:'i.:'~~' ~'[:~': .;.::,,;.\It?:("'J;"~~ ',.,' :' ! """:'';:'''''''11 '::;'I.{'~'~"~' ,., PO_:" , ",',.~. "'~t:~''r' : t"" j,"" "..:'~:.~.',.{~lt~.~~, ~l' .,." '(' 1.,:._ .,.,~~,,\;('''l,,~ .~.I,j.~ .' ""1:, i:';,J~}\~' '!i~1~'~ ""':;j' <<,..,',,,, ,f,f,,,, ,:}..~~Ft ~ '::']~;),i~"~~~ljl~; ~;t~\~ > ",j::." ,!. <,'.-.,_...".,1;.. '1~,,/.\..""': ~' 3; I ;;, .." ;-{,:',: ;;"i:,"j:~ o':g~:,';,;' :5 ,..,:Ii ,,',; R;,!O+>(.;,f '1',;'H,;;\ 'i< !g r~~::>:'i' :~'l){:li '~;~~0t olI' g \it ,{:l ~:~.:~;~, ('ii,,~i!ii' , ~'O';' <- :~-,~:}'ij~~{~' jW~~~~r:: , ' , ~ .~ ~ 0:, I~::',;~i,/,~;:i:, r~~;~: .>3'""'" ,. . ,v u.; ,) ,~~~ ilV:i!~1-:;; ,~.-r;:::--' J-oI .~ ' 'j."" ,.. ,$ ".,,,. i'~"'!;*\"-\" ,..-.~'- < .."~ '~'I-"(11' '.'~','i"~""'-' ,/,/. ' ,;., ".:."" ':~~::,i \:"!'~~'~fJ:. /.t" '. " ,t ,,!-, ,:.,,~..., .'l',l; :;4'J j/ ". " ".-',".(:l/.t f:'~~'-~ ,. , I.... ':: I.,. ,J'{i\; .J) '..-" ",,:l_;~'"";"L-"i ll~->l~ ~ '/ ' ,,;.' ' "," ,..,.."...', ''''IfJ~' , "):~.:'.;~:,:~':;:;;lr,:~~t~.~ , ..,''-'''',.,....~.,' .. <.:.:.~~:- ," ..~",';' ';'-' ;:" , -: '" .'.':'[ ....,,,..,,",.,,.,)~ " .. 0l:n~l~t,fi,};~1~~f~; ", ',:\ :_,~:;::.:;;~}('\.?..s.~1i f ~ '. ,', '. .\.<. ",,,If., : _,>;,: :: 'I.:, "~\t.,Jj~;~ /.,~;') ~>~/:~ f]/ !:~~~ ,_ :\< "'~ ,.t':....q..,.;,t,...Ib' '\ '/.:"" .:,!.~.,'.,1';;":,~),;~;,~ .' d' q.,..p' ,~i!1l I." .' ,,' l~ ~ 1"':':;~'~~';~1~{rA;I~ " ~.,.. ..... >\.. _",~"~'...<,:,tI tJ ,'"'''' "'>Vl"":'()'~"'~' '~,:' ,r:,': ':'.,:'i;:i:~/:.,,:f,~:\gf.i;)j~ .f,,'. \ "1";1/ '.I.:",j,.,.::\\L'~:1fl1-:!.>:1t ~j' ' " ~ .t'Y\:~;'l:~}"':~li'rl~'lf. "..1',";:-': ,I"', ~'.~\I:l~"1l;,Y-':Jl-'}m~i . :.. I." ,r ,', ",;-'~~";;i(:..~%~{tit _~,;j "~' . '." "..",1..,;:'1'\ ~:i.'",:~ 'fY ;, :'.... y... "~'~\ '(";\iI'_'-'I.,!lIiJ.~ " ',. ",t" ).'i" ,,:-'i-~Y:f ~ " .;",'1., ':'" ,11, 1,::~.~(~::.~'!.:.t.~~'I' , ,,'" lc"'~ 'k""h<.U,r;:t . , !, . 't"""...~:r,'S..!S,,~\; , ,I ....r,IA~',,~~..;.l~ith'<~. , . ,1 p.'..'! ~.\ t"..'''.. .,la:l'J;;;': . ,'; 1:.7;"::' ~.jr;~ , ,,'- '." " ,;, ,';..: '0, :.~,:'\ . ',' ',,'.' -.'!, !,';.' ;..:'" .;,~, ,'." '.'.\ ,; 5,~; .' . , :; ,.,,' ',.,.... :'. ....,'. ," . ': ~; ". ' " ... DOUGLAS E. BITTNER, Plaintiff ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1115 CIVIL TERM ) GINA K. BITTNER, Defendant CIVIL ACTION -- LAW DIVORCE AND NOW, this o R D E R ~r day of April, 1999, based upon the attached stipulation of the parties it is hereby ordered and decreed as follows: 1. Wife shall have primary custody of the parties' minor child, Eric F. Bittner, born September 19, 1985 and Husband shall have primary custody of the parties' minor child Austin R. Bittner, born June 28, 1984, with each parties' custody subject to rights of partial custody with the other party at such times as the parties shall mutually agree. 2. Both parties shall share legal custody of both children and shall have the right to participate in all major decisions effecting children's health, education, religion and general well being and shall have the right to access to any and all records, documentation and persons necessary to effectuate the terms thereof. 3. Both parties shall fully cooperate in fostering a relationship and visitation with the non-custodial parent and in making arrangements for such visitation including overnight visits, which arrangements shall be made directly between the parties and not through the children. 4. Neither party shall remove either of the children from this jurisdiction for a period in wo weeks without further leave of this Honorable Court. J. DOUGLAS E. BITTNER, ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COtlNTY, PENNSYLVANIA v. NO. 98-1115 CIVIL TERM ) GINA K. BITTNER, CIVIL ACTION -- LAW Defendant ) DIVORCE STIPUT.ATIOtl WHEREAS an Amended Counterclaim has been filed seeking to confirm the existing custody arrangement of the parties and the parties have reached agreement. NOW THEREFORE, it is stipulated and agreed as follows: 1. Wife shall have primary custody of the parties' minor child, Eric F. Bittner, born September 19, 1985 and HUsband shall have primary custody of the parties' minor child Austin R. Bittner, born June 28, 1984, with each parties' Custody subject to rights of partial Custody with the other party at such times as the parties shall mutually agree. 2. The parties further agree with respect to both children that they shall share legal Custody of both children and shall have the right to parti=ipat~ in all major decisions effecting children's health, education, religion and general well being and shall have the right to access to any and all records, documentation and persons necessary to effectuate the terms thereof. 3. Both parties shall fully cooperate in fostering a relationship and visitation with the non-Custodial parent and in making arrangements for such visitation including overnight visits, which arrangements shall be made directly between the parties and not through the children. 4. Each party shall maintain health insurance of themselves and the child with whom they have primary Custody. .. ~< DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE 17171737.0100 FAX 17171975.0697 ID ill 32112 ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. BITTNER, Plaintif f Pfze..1 )9~ v. NO. 98-1115 CIVIL TERM CIVIL ACTION - LAW DIVORCE GINA K. BITTNER, Defendant PLAINTIFF'S PRE-TRIAL STATEMENT The Plaintiff, Radcliff, Esquire, Statement: Bittner by following his attorney, Diane G. Douglas E. files the set forth Pre-Trial TABLE OF CONTENTS 1. Background information. 2. Listing of marital assets and debts. 3. Pensions. 4. Income and expenses. S. Counsel fees and costs. 6. Experts. 7. Other witnesses. 8. Listing of proposed exhibits. 9. Proposed resolution. Respectfully Submitted, DATED: 1~rI1!q8 '~ . IFF, ESQUI E 3448 indle Road amp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 B. CHILDREN OF THIS MARRIAGE, NAMES AGES DATE OF BIRTH CUSTODIAN OR EMANCIPATION 6/28/84 HUSBAND 9/19/85 WIFE AUSTIN R. BITTNER ERIC F. BITTNER 14 13 COMMENTS: HUSBAND PAYS WIFE $287.00 PER MONTH IN SUPPORT ALLOCATED $131.00 FOR THE CHILD AND $156.00 FOR WIFE. C. MARRIAGE INFORMATION, DATE OF MARRIAGE PLACE OF MARRIAGE 2/9/80 GOLDSBORO. YORK COUNTY, PENNSYLVANIA 2/12/98 PARTIES JOINTLY DECIDED TO END THE MARRIAGE AND HUSBAND LEFT THE MARITAL RESIDENCE DATE OF SEPARATION CIRCUMSTANCES OF SEPARATION C. PRIOR MARRIAGES, I WIFE HUSBAND I NONE , NONE RELATIONSHIPS/MARRIAGES, I NONE , NONE D. CHILDREN OF OTHER I WIFE HUSBAND E. PROCEEDINGS INFORMATION, DATE ACTION COMMENCED 3/2/98 DATE OF SERVICE OF COMPLAINT 3/9/98 MANNER OF SERVICE OF COMPLAINT ACCEPTANCE OF SERVICE ISSUES RAISED IN DIVORCE NO FAULT DIVORCE COMPLAINT DATE OF FILING OF ANSWER 3/27/98 AND/OR COUNTERCLAIM DIANE G. RADCLIFF 344B TRINDlE ROAD CAMP Hill. PA 17011 PHONE 17171737.0100 FAX 1717) 975.0697 ID#32112 Page 3 ,". " ISSUES RAISED IN COUNTERCLAIM EQUITABLE DISTRIBUTION; APL; ALIMONY; COUNSEL FEES AND COSTS NONE SPOUSAL AND CHILD SUPPORT IN CUMBERLAND COUNTY SUPPORT ACTION DOCKETED TO 346-S-1998, PACSES NO. 032100104 I , I BIFURCATION PREVIOllSLY RESOLVED ISSUES , ~ , I r 1-. , ' I}'" I W' ,\,:.:~ . ~ ~ ,., f.' l' '-,,:~ .1 ' :.4 r ..~! DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HilL. PA 17011 PHONE (7171737.0100 FAX (7171 975.0697 10 # 32112 Page 4 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE (717)737.0100 FAX (7171975.0697 10 # 32112 II. MARD:.l\.L PROPERll-ANILMAR.D:AILLIABIL.InES Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation and, all marital liabilities owed by either or both spouses, individually or with any other person as of the date of separation: ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 1. REAL ESTATE: 204 CREEKWOOD DR. TO BE SOLD DIVIDE DIVIDE CAMP HILL, PA AND DIVIDED EQUALLY EQUALLY TO BE SOLD AND EQUALLY PROCEEDS DIVIDED EQUALLY (EST. VALUE $148,000.00) 2 . MOTOR VEHICLES: 1995 PLYMOUTH 7,500.00 7,500.00 NEON 1988 FORD BRONCO TO BE TO BE DETERMINED DETERMINED 1988 FORD TO BE SOLD DIVIDE DIVIDE CONVERSION VAN AND DIVIDED EQUALLY EQUALLY EQUALLY 3 . STOCKS & SECURITIES: NONE 4. CERTIFICATES OF DEPOSIT: NONE S. CHECKING ACCOUNTS AND CASH: JOINT DAUPHIN 0.00 DEPOSIT CHECKING ACCOUNT Page 5 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE (717) 737.0100 FAX (717) 975.0697 10 # 32112 ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY WIFE'S PSECU UNKNOWN UNKNOWN SHARE ACCOUNT 6. SAVINGS ACCOUNTS, MONEY MARKET, AND SAVINGS CERTIFICATES: NONE 7. CONTENTS OF SAFETY DEPOSIT BOXES: NONE 8. TRUSTS: NONE 9. LIFE INSURANCE POLICIES: NONE 10. ANNUITIES: NONE 13. PATENTS, COPYRIGHTS, INVENTIONS & ROYALTIES: NONE 14. PERSONAL PROPERTY OUTSIDE HOME: NONE 15. BUSINESSES: NONE 16. EMPLOYMENT TERMINATION BENEFITS: NONE 17. PROFIT SHARING PLANS: NONE Page 6 ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 18. PENSION PLANS: HUSBAND'S CSRS TO BE TO BE (NON-SS DETERMINED RETAINED BY PARTICIPATING) HUSBAND RETIREMENT PLAN WIFE'S TO BE TO BE COMMONWEALTH OF DETERMINED RETAINED BY PA RETIREMENT WIFE PLAN OPTION 1 PRESENT VALUE $138.877.04 19. RETIREMENT PLANS AND IRA ACCOUNTS: NONE 20. DISABILITY PAYMENTS: NONE 21. LITIGATION CLAIMS: NONE 22. MILITARY/VA BENEFITS: NONE 23. EDUCATION BENEFITS: NONE 24. DEBTS DUE INCLUDING LOANS AND MORTGAGES HELD: NONE 25. HOUSEHOLD GOODS AND FURNISHINGS (ATTACHED LIST IF IN DISPUTE) : LISTING TO BE 18,000.00 18,000.00 SUPPLIED DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE 17171737.0100 FAX (717)975.0697 10 # 32112 Page 7 \: , , . " , ) I' 1 ' .' I' I I I I; I' I} ~ ~ Il I , I t ! ~ , , ~, " " I I DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (717)737.0100 FAX 1717)975.0697 rD # 32112 .~. ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 26. OTHER ASSETS: NONE 27. MORTGAGES: COLUMBIA NATIONAL TO BE PAID DIVIDE DIVIDE MORTGAGE ON UPON SALE OF EQUALLY EQUALLY MARITAL RESIDENCE HOME (EST. BALANCE $100,000.00) 28. LOANS MEMBER'S 1 ST HOME TO BE PAID DIVIDE DIVIDE EQUITY LOAN (EST. UPON SALE OF EQUALLY AND EQUALLY AND BALANCE $30,000) HOME REIMBURSE REIMBURSE HUSBAND FOR HUSBI\ND FOR EXCESS PAID EXCESS PAID OVER 50% OVER 50% 29. CREDIT CARDS ASSOCIATES (760.00) (760.00) BOSCOV'S (670.00) (670.00) CITIBANK VISA (9,317.00) (9,317.00) CORESTATES (5,987.00) (5,987.00) DISCOVER CARD (4,500.00) (4,500.00) EXXON (765.00) (765.00) LOWES (1,000.00) (1,000.00) PP&L (150.00) (150.00) TEXACO (600.00) (600.00) PP&L (476.00) (476.00) ROMAC FINANCIAL (192.00) (192.00) SEARS (955.00) (955.00) TOTALS 128.00 (1,749.50) 1,878.50 Page 8 III. NON=MARITAL-ASSETS_AND_DEBTS NO. DESCRIPTION BASIS FOR EXCLUSION N/A OWNER NONE N/A IV. ~BIONS The following is a listing of the pensions of the parties: PARTY HUSBAND: DESCRIPTION CSRS (NON-SOCIAL SECURITY) RETIREMENT WIFE: COMMONWEALTH OF PA RETIREMENT V. INCONE and EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION NET MONTHLY INCOME MONTHLY EXPENSES AMOUNT HUSBAND 3341.61 3194.75 WIFE NET MONTHLY INCOME MONTHLY EXPENSES 2370.98 UNKNOWN DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (717)737.0100 FAX (717)975.0697 10 # 32112 Page 9 l \ , I { , , I i , I I ~ " VI . C.O_llNSELJEES The following is a listing of the Counsel fees and expenses incurred by the parties: PARTY HUSBAND DESCRIPTION COUNSEL FEES AMOUNT TO BE DETERMINED TO BE DETERMINED 11/1/98 THROUGH 2000.00 DATE OF HEARING DATES COSTS ANTICIPATED FEES AND COSTS WIFE COUNSEL FEES COSTS ANTICIPATED FEES A.'JD COSTS UNKNOWN UNKNOWN UNKNOWN VII. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case: NAME NONE KNOWN AT THIS TIME SUBJECT OF TESTIMONY N/A Additional experts who ma~ be called to testify are not known at this time. If such add~tional experts are retained, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. VIII. OTHER WITNESSES The following is a listing of the anticipated witnesses other than experts who will be called to testify in this case: NAME DOUGLAS E. BITTNER SUBJECT OF TESTIMONY HISTORY OF MARRIAGE; IDENTIFICATION AND VALUATION OF MARITAL ASSETS; OTHER TESTIMONY REGARDING RELEVANT FACTORS SET FORTH IN THE DIVORCE CODE. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE 1717) 737.0100 FAX 1717) 975.0697 10 # 32112 Page 10 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717)737.0100 FAX 17171 975.0697 10 # 32112 X. ERO.EO.5EILRESOLU'l'IDN .\i I \ L I ! I' I , . : I ~ i j J( .E! , I , I ',.1 ;. , A. EOUIT~LE DIST~IBUTION: THE PARTIES MARITAL ASSETS AND DEBTS WOULD BE DIVIDED IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 1. REAL ESTATE: 204 CREEKWOOD DR. TO BE SOLD DIVIDE DIVIDE CAMP HILL, PA AND DIVIDED EQUALLY EQUALLY TO BE SOLD AND EQUALLY PROCEEDS DIVIDED EQUALLY (EST. VALUE $148,000.00) 2. MOTOR VEHICLES: 1995 PLYMOUTH 7,500.00 7,500.00 NEON 1988 FORD BRONCO TO BE TO BE DETERMINED DETERMINED 1988 FORD TO BE SOLD DIVIDE DIVIDE CONVERS ION VAN AND DIVIDED EQUALLY EQUALLY EQUALLY 5. CHECKING ACCOUNTS AND CASH: JOINT DAUPHIN 0.00 DEPOSIT CHECKING ACCOUNT WIFE'S PSECU UNKNOWN UNKNOWN SHARE ACCOUNT NONE 18. PENSION PLANS: HUSBAND'S CSRS TO BE TO BE (NON-SS DETERMINED RETAINED BY PARTICIPATING) HUSBAND RETIREMENT PLAN WIFE'S TO BE TO BE COMMONWEALTH OF DETERMINED RETAINED BY PA RETIREMENT WIFE PLAN OPTION 1 PRESENT VALUE $138.877.04 ~ , ,,,on :', ! i 1 I " I I ..l I ) I ) I I ') I \ ! ~ I ( , \ I , l I ), \ ,1\ ~~ ,,' II " , t, , t. 'i I. r' .\:.'1. Page 12 rrEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY HOUSEHOLD GOODS 18,000.00 18,000.00 AND FURNISHINGS LISTING TO BE SUPPLIED 26. OTHER ASSETS: NONE 27. MORTGAGES: COLUMBIA NATIONAL TO BE PAID DIVIDE DIVIDE MORTGAGE ON UPON SALE OF EQUALLY EQUALLY MARITAL RESIDENCE HOME (EST. BALANCE $100,000.00) 28. LOANS MEMBER'S 1 ST HOME TO BE PAID DIVIDE DIVIDE EQUITY LOAN (EST. UPON SALE OF EQUALLY AND EQUALLY AND BALANCE $30,000) HOME REIMBURSE REIMBURSE HUSBAND FOR HUSBAND FOR EXCESS PAID EXCESS PAID OVER 50% OVER 50% 29. CREDIT CARDS ASSOCIATES (760.00) (760.00) BOSCOV'S (670.00) (670.00) CITIBANK VISA (9,317.00) (9,317.00) CORESTATES (5,987.00) (5,987.00) DISCOVER CARD (4,500.00) (4,500.00) EXXON (765.00) (765.00) LOWES (1,000.00) (1,000.00) PP&L (150.00) (150.00) TEXACO (600.00) (600.00) PP&L (476.00) (476.00) ROMAC FINANCIAL (192.00) (192.00) SEARS (955.00) (955.00) TOTALS 128.00 (1,749.50) 1,878.50 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (717) 737-0100 FAX (717) 975.0697 10 # 32112 Page 13 ,-,' r IN ADDITION TO THE FOREGOING WIFE SHOULD BE CHARGED WITH THE FAIR RENTAL VALUE OF THE MARITAL RESIDENCE DURING HER SOLE OCCUPANCY DURING THE MONTHS FOR WHICH SHE DID NOT PAY THE MORTGAGE PAYMENTS. < , J I, B. ALIMONY/ALIMONY PENDENTE LITE, WIFE'S CLAIM FOR ALIMONY PENDENTE LITE AND ALIMONY SHOULD BE DENIED. C. COUNSEL FEES AND COSTS: WIFE'S CLAIM FOR COUNSEL FEES AND COSTS SHOULD BE DENIED. , j ( r " I I (, '" I'; .~; ~? , " DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717)737-0100 FAX (717)975-0697 ID # 32112 , \ Page 14 J .". ;..::. .. "'. V :';(,',' ,--', '. ,J' ,-,." .... ',' 'l~ . V'" " '~'1;:~-YJ,J:;,;~\\{;':~~):;'L'L, ,', '1.. "..fH"" .",."q"...,... .,.. t,,!\\'1 ..:J-,., ,~,.~ ,~',r.:':,..I; ',,::r,:.' J.'{" '>' \,F-.l. ",.{ ,',.,- ,.' ."Yi~.~I.~,;~.:,r;~:,',.:,:'" . . . If'{ .,J-' .,,' - ,">..,'(',. ",,'P.fL.!.~t.,\'t;~\:~,:v;:-~.;,'~;';: '-,,-'. ., ~~~~~]:;;;:;{t:;\;\:" , . " >t;,'t',.",' i;,l.: '.'1' .' " ~.i};\~;:,;r~:. "11 -",:. ,~. >' ~'ii,t-,.~>n"1~r ", ;,.:?","I: '_','vl: :olt;: _ 'i,',;:' I. "" 'i.f,j."') . .', "," f::;i:;:';;:;':,,;,':>: ' ;,' r;"*.4"""~';';" .':. t<~~~"~';' ~/:'.'. ..' ~,~i1*j~tf;: ) <.' '".' , ~'jL,:,'~~,;::~...r; '-,~ ,..,",. . "~1,:'(';\j.e. '," ',," ~r- ~~t:;/:'!~~.'," : .c~ .\'.,,-. "t', .'; " .,.' ~ : :, {"-,:oii:~: ,'~'i-~"~l/" ~_;' ')',"," ./'" -:,:':','t , :~ < . 1. :~; . . <'.' ,"'-:',: ".' . ~" ':.> . , I z-q -q?/t DOUGLAS E. BITTNER, Plaintiff v. ) ) IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA PLEAS GINA K. BITTNER, Defendant NO. 98-1115 CIVIL TERM CIVIL ACTION -- LAW DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT, GINA K. BITTNER 1. List of Assets. Inventory and Appraisal previously filed. 2. Expert witnesses. Not Applicable. 3. Testimonv. No witnesses other than the parties. .\ , I 4. Exhibits. Estimate from Maureen Lindsey Fee Agreement--Louis J. Adler, Esquire Bill--Louis J. Adler, Esquire I , , S. Expenses. See Income and Expense Statement previously fled. 6. Pension. This is the issue before the Master--to obtain funds in order that the pension may be properly valued. 7. Counsel Fees. See Exhibit with respect to counsel fee. Defendant borrowed $2,000.00 from her parents as a retainer which has been exhausted. She seeks reimbursement for that plus the outstanding balance plus an estimated $1,000.00 to take the matter to trial. I I : I , I,' , 8. Propertv valuation. Not at issue at this time. 9. Marital Debts. See Inventory and Appraisal Statement. 10. Resolution. At this preliminary stage Defendant seeks funds to pay for the pension valuations together with counsel fees as outlined above. Respectfully submitted, Date: I'1-\}Jq !-, ~ Louis J. Adler, Esquire Attorney for Defendant ADLER & CLARAVAL 125 Locust Street P. O. Box 11933 Harrisburg, PA 17108-1933 (717) 234-3289 Attorney I.D. No. 07040 ! ) II II , -2- if' ',/".,,' 'r '\ ',,,': ; !(<~ , '("'" )1,-" " '.\ IF: " r>: " 0.' 'l.:~,: ,." +';: !"'-' 1).<1; ~: ",:;~ DOUGLAS E. BITTNER, ) IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, ) PENNSYLVANIA v. I ) NO. 98-1115 CIVIL TERM GINA K. BITTNER, I Defendant ) CIVIL ACTION -- LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Pre-Trial Statement upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of civil Procedure, by depositing same in the United States mail, with first class postage, prepaid, from Harrisburg, Pennsylvania, as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Respectfully submitted, ADLER << CLARAVAL Date: \'L\"\'1)'" By: ~ Louis J. Adler, Esquire PA Attorney LD. No. 07040 P.O. Box 11933 125 Locust Street Harrisburg, PA 17108 (717) 234-3289 Attorney for Defendant , , I k . , " 1.00llS J. AlII.llI! ROIIURT I'. CI.ARAVAI. WILLIMII.. AIII.ER CRAIO I. AIII.I!R' eAUiO AUMrrn:u 1n I'HAC-nO! IN NJ ADLER &'CLARAVAL A'nnllNIlYS AT I.AW 125 1.0CI/ST STItUIlT 1'.0. UOX 11933 I/AltIlISIIlIllO. I'UNNSYI.VANIA 17I1lK.19J.l TIlI.IlI'IIONU (717) 234.32K9 I'AX (717) 2J.1.lh70 OVf.ItNlllllT MAli. Alllllll'."~1 115I.llClI~'" STRlmT IIAllIIISIIUlllI. I'I!NNSYI.VANIA 171111 I.IlWIS 1'. AIlI.UR (I'lll!UI IlA VU) S. KOliN (I'lll!"l KOliN ANI) ADI.RR (I914-lIlHI) KOliN. AIII.ER Ik ADl.ER (IW4J.1118U 01' COUNSEl. TI~IO'I1IY I'. NICIIOI.50N Octoher 27, 1998 Gina K. Biuner 511 Kevin Court Camp Hill, PA 17011 FOR I'ROFESSJONAI. SERVICES RENDERED IIY ADI.ER ., CI.ANAVAI.: Re: Divorce Conference with client 1 hr Preparation of Answer and Counterclaim I hr Review of financial information 2 hrs Preparation of Inventory & Appraisal Statement and Income and Expense Statement 1 hr Income tax review and negotiation, 2 hrs Support conference and preparation 4 hrs Pension Review 2 Ius Correspondence 2 hrs Special Relief 2 Ius 225.00 225.00 450.00 225.00 450.00 (900.00) 450.00 450.00 450.00 Costs of filing a Divorce Complaint 45.00 SUBTOTAL 2,970.00 Retniner Received 3/14/98 nnd 4/16/98 (2,000.00) TOTAL DUE ~970,OO Please make check payable to ADLER & CLARA V AL Pltase rllclost ~,ttll ell/lY "f tilt billll'ltll I'OIIT ""i'll/tilt. l.OUIS I. ADI.IiR ROIIIlRT r. CLAIM V AI. WILLIAM I.. ADI.H11 CRAIOI. ADI.IlR' -AUf) AUllfI1.n:U '11) I'HACTICI! IN NI ADI:Elt &: CI..AltA VAL A""/'flIlNIIYS AT I.AW IH WellST STIU!IlT I',n. IIOX 119.IJ IIAIlIlISIllIlIO. I'I!NNS\'I.VANIA 17Il1K.I'IJ.I TIII.UI'IIlINIl (717) 2J.i-:12K9 I'AX (717) 2.1-1-1',711 I.IIWIS ". ADLIlR 11'14-19"1 IlA VIIl S. KOliN 1I'.!U!1l1 KOliN AND ADLDR 119Jl.lllNlI KOliN. ADLDR& ADUlR II~II, 01' COUNSDl. 'I1MOTIlY r. NICIIOLSON <: ' ;. ':.~ 'ilil . !.k "", ':';1 MlIl'ch 9, 19911 Gina K. Bittner 204 Creekwood Drive Camp Hill, PA 17011 Re: Divorce Dear Gina: This confirms my cngllgcmclII liS your IIttOl'llcy in Ihc pcnding divorce action. The charge for my services liS Imliclllcd will hc III Ihc I'lIlc of $225.00 pCI' hour. A retainer Df $2,000.00 is requested In IIdvllnce IIgllinsl which Ihc hourly fcc will he charged. You will further be responsible for any onl of flockcl cosls incurrcd. Thank you for Ihc oppnrtunlly tn hc of scrvlcc. Yours vCl'y Il'uly, \.() q ~ Louis J. Adlcl' ACKNOWLEDGED AND APPROVED ~ Inll K. Ilillncl' UA:md , WHEREFORE, Defendant prays this Court to terminate the order of alimony in this matter, effective 1 June 2002, and grant him a credit against any chi/d support obligation he may have for overpayments resulting from the wage attachment after 1 June 2002. C~).. .Q\PQ_~ Samue L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 121h Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). " DATE: "c:2 .46 o?O<:>;2 i I I! A j! l l \~ J :!I' >' '\ ' /....,. :( II , f ~ ~ ~ ~ t;,., ~ C) o c- -~ "TJ f.l~; q,.1t;: ,....1 ' 2:1 (JJ .\ -~ c~t =t~ . ~f~ c: .-/ ~ '... , ' '~ " I :::.' r'0 ~) il' II" It.,. Il':: Il'~' ! . , ':( "~I : ,/", 'i?J~ "f' " j",.: j':',\',' Ii .. r (1'; if, '. I ~: . ;\rj;.'~ fJ,'~r r' , \,;~ ':"",':.-,: o ~q ,,. s-; ',i,71 ;(~1 ) ! .C} Uf~ .-, :0 -; ::~~ co :.n ,t:'"