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HomeMy WebLinkAbout00-07182 . . . . . . . . . . . . . I",J'JI "-A', . . . . . . . . . . .. . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . . . . BARBARA L. BIXLER. PLAINTIFF No. 00-7182 CIVIL TERM VERSUS . WILLIAM L. BIXLER, . . . DEFENDANT . . . DECREE IN DIVORCE . . . . . J '''~' ,.1'4 . . . . . AND NOW, pU" -fA.,- 3J- BARBARA L. BIXLER , '24 0 z...,. IT IS ORDERED AND DECREED THAT , PLAINTIFF, . WILLIAM L. BIXLER . . . . . . . AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR . . . . . . PURPOSES OF ENFORCEMENT. . . . .. . . . . ArrE"'~~ . . . . PROTHONOTARY . . . .. . . . . _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . I ['- '" ", _ ~~' '~" _ '"~ < ",~"_"",,,,~o,,=~ ~ 'JSlU'_:LLI,'_fi , - ~'> ' .,:~~ .' ~ /3'03 !d'L~J-$~'~ /'3'0 7bt0 ~ -;, 4- dI~ -' " ~ -. """~_" .,.....15,',~~ l_l.. ~ffi~"t!I!!...*-a~ '~_I -,' ,...,l"'_"k,_,fI!'IJ'i'l"~l~~~~~"f!i"~ .-..L", I" ",", .,,",' ~, . .. 1"/.P ()~, 7/?.:L PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the ~01P.. day of .JJfJIJP..uJu - , 2000, by and between william Laird Bixler, residing at 208 W. Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007, Social Security Number 196-48- 4559 I hereinafter called the II Husband" I and Barbara Louise Bixler, formerly Tucker I residing at 2 Arbor Drive, Boiling Springs, Cumberland County I Pennsylvania, 17007, Social Security Number 142-38-7175, hereinafter called the "Wife", who agree as follows: WIT N E SSE T H WHEREAS, the parties are Husband and Wife, having been married on July 7, 1979, in Morris Plains, Morris County, New Jersey. The parties separated November 1, 1999. WHEREAS, there have been issue of the marriage, to wit: Christine Marie Bixler, Catherine Dorothea Bixler, John Tucker Bixler, born February 11, 1987, June 20, 1989, July 17, 1992, hereinafter referred to as the Children. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties I and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future support and or maintenance of the Children, the implementation of custody/visitation arrangements for the minor Children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. "",,', "I ",10', ',', <Il!b:";'-', NOW THEREFORE, in consideration of the promises and of the 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. EFFECT OF DECREE, NO MERGER It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances". It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may Page 2 ,;,,,,,,,, , ,. ~, :- '"-''' ,".",,;'.. "~- ,-' - ~, .. j,\,,' be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 2. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 3 . ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jane Adams, Esquire, for Husband, and Ruby D. Weeks, Esquire, for Wife. 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. Page 3 ,-- <'0' l~' 1t - ,", ,~ '-".1, ~,,) , " ~_ ,'c', '"':_ ,; c "c- 4. 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 that Wife does not wish to exercise her right to have appraisals by experts as to the value of the various interests of Husband. She understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 5. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 6. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties! finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property. 7. PERSONAL RIGHTS Wife and Husband 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 Page 4 ",. =1,---->,,_, -~, ,"". ,".~,-~~'.'_ '"..^"~h .'A; ...,,,',., ,'i'"i:: seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 8. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 9. MUTUAL RELEASES 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 and from any and all rights, title and interest, 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 f contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow1s or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spousels 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) Pennsylvania, (b) any State, Commonwealth or 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, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under Page 5 <" ,.- ~~ , i__ " _ 0'; ,lL' ~~--,:i,'" ",- '" ~'> ',' ~'^ this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement 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 thereof. 10. EOUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciationl or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. Page 6 ,'j, ~. j--~'. "~' ' . -,,~ - ,'~, ,~ .~ 11. Real Property: Husband hereby relinquishes his entire right, title and interest to the real estate owned by the parties located at 2 Arbor Drive, Boiling Springs, and recorded in the Cumberland County Recorder of Deed's Office at Deed Book "114", Page 440. Husband shall at the time of execution of this Agreement, execute a Deed transferring his interest in said property to Wife. The Wife and children are granted exclusive use of said property from November 20, 2000. Husband shall bear all costs of transferring the Deed solely to Wife. Wife shall assume the mortgage and indemnify Husband. Husband shall have the home equity loan, 2nd mortgage put solely in his .name since it was used to purchase his Ford Bronco. 12. Distribution of Personal Procertv: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them as per Appendix "A" attached hereto and made a part hereof, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, Page 7 ,,' ;,'0' .' ., " '"' ",~- . ..,~-, ~ . , ~". if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of social security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 13. General: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. 14. Motor Vehicles. With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The Ford Bronco titled to Husband, shall become and remain the sole and exclusive property of the Husband, There was a second mortgage taken out to pay for this vehicle at Allfirst Financial Inc. Husband agrees to indemnify and hold harmless the Wife from any and all liability for this debt and to have the home equity second mortgage placed in Husband's name solely. Page 8 ,;;- I'c' ',,~ ~- .", ,,""c. ,,,;;.., , '..:." ~~/ ~~ (b) The l~Ford, titled to Wife, shall become and remain the sole and exclusive property of the Wife. There is no debt against this vehicle. 15. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 16. CASH PAYMENTS Husband and Wife agree, as part of the consideration for all of the agreements entered into pursuant to this final Property Settlement Agreement, including the transfer of all real and personal property as set forth in this agreement, that Wife shall pay to Husband the sum of $15,000.00. Wife agrees to pay the Husband the $15000.00 within 30 days of the execution of this Agreement. Husband shall pay all costs, including attorney fees, of transferring any and all ~ % b1 property necessary to be titled from joint ownership to that of either party. IIl:121b&La ......':;j.Lee::; LU .Lelmnurse vvlI::e ~:>66.66 }le.L IUuw:.n ~or l..Iune, uU.LY dud Au.':;ju.cL 2:888 ~.'h'"'R L._ J.ld IlUL }lay o.:;>....~payt t.s TAT, f'j::> .:=.nrl rf"l "l"'o~ml=n:HaG l...c.. Iv.. uuo;:::-L.~II of tHS F:il:"HlsJ.J.Lo un LlJ.l::: heme 8Ef1:iity lean. L..... LlJ.e bronco pdld o~u......... f1a} 2999. 17. DEBTS: Marital Debts: There are no debts other than the mortgage and the second mortgage which have been previously addressed above. Page 9 ,. -,'0, "n__-' -"~ 'oJ;'~ -, \, ,-- '. :J.j,,,,t;;j. -~,~, ' '" ',t 18. SUBSEQUENT PERSONAL DEBTS: Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. 19. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 20. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 21. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by Page 10 "I ~- - '-. , ~'\__l j" .,--,.,~ "0> '''.' .-" _~;" d': "ij~l', the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 22. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 23. TAX INDEMNIFICATION A. Should any payments made by Wife to Husband be deemed as taxable income to Wife by either the Internal Revenue Service or any other taxing agency, the Husband shall make payment of any taxes, interest or penalties as may be due and owing as a result thereof. Notwithstanding the foregoing, in the event that Wife makes such payments of taxes, interest or penalties, then Husband will reimburse Wife for said payments, within ten (10) days of written notice of same. B. If any tax payments made or owed by Wife under this paragraph, are additionally determined to be taxable income to Husband, then Husband also indemnifies Wife for any taxes, interest and penalties thereon that Husband may have to pay as a result thereof. 24. INCOME TAX PRIOR RETURNS The parties have heretofore filed j oint federal, state and local income tax returns. Husband agrees that in the event any deficiency in federal, state, or local income, real estate or personal tax is proposed, or any assessment of any such tax is made against Wife by reason of wife having joined in the filing of said joint returns or by reason of Husband prior omission to file returns or pay such, Husband will indemnify and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, Page 11 ;' , '~" '--." ,;.:; ,. --"-,' >~. ,,'~,- ,~ <, """~:,v;''''h'.,,,'j,<i ~-,'> ". -- -- i); and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid solely and entirely by Husband, unless said tax, interest, penalty or expense is finally determined to be attributable to Wife's misrepresentations or failures to disclose the nature and extent of Wife's separate income on the aforesaid joint returns. 25. LIFE INSURANCE Both parties shall continue to maintain all current life insurance policies on their lives even in the event their employment changes, naming the Children solely as irrevocable beneficiaries of such policies until such time as each Child reaches the age of twenty-one (21). They shall each provide a written list to the other setting forth the insurance company(s), policy number(s), and principal amount(s) of such insurance as provided above with proof of beneficiary. They also agree not to borrow against or assign said policies without prior written consent of the other party. Both Parties agree to make payment of premiums on the policies on their individual lives so as to continue said coverage as long as each Child is owed a duty of support. 26. HIGHER EDUCATION, POST HIGH SCHOOL VOCATIONAL EXPENSES OF THE CHILD Husband agrees to be responsible for the reasonable cost of undergraduate college education or post high school vocational training for the Children including but not limited to the following: tuition, room, board, books, supplies, fees, transportation, and clothing in the same percentage as Father's salary bears to the Wife's salary. Husband's obligation pursuant to this Paragraph is conditioned upon his being consulted with respect to the choice of educational institutions and his approval thereof obtained, provided, however, that Husband's approval shall not be unreasonably withheld, and further conditioned on Husband! s financial circumstances at the time, taking into account his income and expenses and providing that the Children have made a reasonable effort to obtain scholarship and other financial aid which shall first be deducted from the total cost of undergraduate college education. Husband does Page 12 " ",",', <." .;-' ,,/ ,.-'/'. /" / agree that the obligations imposed herein shall take precedence over any college expenses and costs for any future adopted or step-children of Husband. 27. CHILD SUPPORT AND CUSTODY Child support and custody shall be as per separate orders of Cumberland County Court of Common Pleas. 28. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 29. RETIREMENT FUNDS A. The Husband, who has been employed by Rettew Surveying, Camp Hill, Pennsylvania, has not accumulated benefits in his retirement account. B. The Wife, who is employed at Allfirst Bank, Carlisle, Pennsylvania, also has retirement and other employee benefits. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of her employment 17, Stt?S<o WLi?""'b1lS excluding $dn,nno 00 that Wife asrees to pay by Qualified Domestic Relations Order to Husband from her Prudential Security IRA account. 30. DIVORCE Husband and Wife agree that Wife shall file a Complaint in divorce seeking a divorce on the basis of mutual consent. Husband and Wife both agree that ninety (90) days following the filing of a Divorce Complaint by Wife that both parties will execute the required Affidavits of Consent to be filed with the Page 13 . ,'. ""0 "-, , -~ " do ~>- _, , d. -,-'--",: ,',-,' Court to allow the Court to grant a divorce on the basis of mutual consent. Wife agrees to pay all counsel fees, costs, and expenses incident to obtaining the aforesaid divorce. AND the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 31. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 32. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 33. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution 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. SEVERABILITY 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 be valid and continue in full force, Page 14 <--, I~-, ,__ ~--.-- ."i"-,'- < n- >-'". -" ~ "Th--' effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 36. 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. 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a 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. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 39. AGREEMENT PREDICATED ON DIVORCE This Agreement is conditioned upon one of the parties obtaining a divorce within four (4) months of the signing of this Agreement, and in the event that a Decree in Divorce is not entered within four (4) months, the Agreement is to become null and void. It is warranted, covenanted and represented by Husband and Wife to execute the Agreement. Husband and Wife each knowingly and Page 15 , -- ~ -" ~ , ,co'';'';>'"i'-'" - '~ "_:' understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she is and shall forever be stopped from asserting any illegality or unenforceability as to all or any party of this Agreement. Husband agrees to execute an Affidavit of Consent to be held in Escrow by his attorney until the divorce can be finalized. 40. 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 documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 41. OTHER DOCUMENTATION wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions! deeds! notes! or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, 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. 42. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. tJ~ LAIJ William L. Bixler ~~O,~ W tnes ~. rJ.Jdu~1 Bar ara L. Bixle Page 16 ;. , - '~L BARBARA L. BIXL~R, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXL~R, Defendant #00-7182 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the. record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (3301(c)) 2. Date and manner of service of the complaint: mailed October 18. 2000 certified mail restricted delivery number 7033 3400000452152760 service was accented October 21. 2000. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff ; by the defendant 4. Related claims pending: none 5. Date plaintiff's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: December 20. 2002 Date defendant's Waiver of Notice in S 330 1( c) Divorce was filed with the prothonotary: December 18. 2002 Date: December 20, 2002 Attoe~~ ~;;.,' ';"<~ ..J..~t!iIR~:i:,M,IilijfiE.i~->,. ;<<<Y"'~"'!(t.:"""~~"...",,,= u.__ ~diiiw,'- I~" ~~~,~,'~, '. ~"""".,.__,~~~".,, ."", r. '"~" _"~;" r '- ~ .< _ ~_,~ ~-~ ~ (") c: ur~~; 52 ~t~ Zl co) - :5 "... 2.~f'- 5~~ ?: -< ~. J.I I a f'0 ~;~ CJ ;-" C") f'-0 :1--""' Ii:; - , +" . . BARBARA L. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant # fV/ 7(&"l.... CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the m~rriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT fO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 - "~~ BARBARA L. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant # 00- "lIF 7- CIVIL TERM AFFIDAVIT OF MARRIAGE COUNSELING I, BARBARA L. BIXLER, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. t!}y~l~,~ /0/ n /tJll , Dated: Sworn and sUbscr~ to before me this / of CLc kJ... .P .A..- day , 206ll.. ~ ~l /J10JU2~ ........ HOrAlllA1 SlAt -..... A. MOIlRow Ccn1IrIe Ben.. ~~""'t I'ultIIc My ~ ..., Counly bpi.::" Ju.... 28, :!OO:l --=-".~..., , "'..,,, ~- , ,'l -1,-> ~, ~- " ., 'J!;;" ., BARBARA L. BIXLER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, D..fendant II tJ1)- 715'.2- CIVIL TERM COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Barbra L. Bixler, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avers as follows: 1. Plaintiff, an adult sui juris, is Barbara L. Bixler, aU. S. citizen, who currently resides at 2 Arbor Drive, Boiling Springs, Cumberland County, Pennsylvania 17007, since October, 1994. 2. Defendant, an adult sui juris, is William L. Bixler, aU. S. citizen, who currently resides at 208 W. Springville Road, Boiling Springs, Cumberland County, Pennsylvania 17007, since November 1, 1999. Plaintiff and Defendant have been a bona fide resident{s} in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 3. The Plaintiff and Defendant were married on July 7, 1979, at Morris Plains, Morria County, New Jersey. 4. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 5. Neither party is a member of the Armed Forces of the United States. 6. The marriage is irretrievably broken. 7. Plaintiff and Defendant have lived separate and apart since November 1, 1999. . , '-~""'i' . . 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. COUNT I (A)- INDIGNITIES 3301 (a) (6) of the Divorce Code 1. Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. 2. The averments under this Count are not collusive. 3. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT II - IRRETRIEVABLE BREAKDOWN 3301 (c) of the Divorce Code 4. Paragraphs 1 through 3 are hereby incorporated by reference and made a part hereof. 5. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart since November 1, 1999. 6. Plaintiff has been advised as to the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 7. Plaintiff requests the Court to enter a decree of divorce. COUNT III - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE 8. Paragraphs 1 through 7 are hereby incorporated by reference and made a part hereof. 9. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". '-'-"~~ . , 10. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. COUNT IV. COUNSEL FEES. COSTS. EXPENSES 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. Plaintiff, Barbara L. Bixler, has retained the services of Ruby D. Weeks, Esquire I and the counsel feesl costs, and expenses for representation in this action will be substantial and continuing. 13. Plaintiff is without sufficient funds I income, or assets to pay such counsel fees, costs, and expenses. 14. Plaintiff will need to retain the services of an appraiser and other experts with regard to this action. 15. Defendant is financially able to provide for these expenses of Plaintiff. WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing plaintiff from the bonds of matrimony between the said plaintiff and defendant. 16. As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. a. As to Count II, in the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. As to Count III, that this Court determine marital property and order an equitable distribution thereof. c. As to Count IV, that this Court enter an award for preliminary and interim counsel fees, costs and expenses and to enter a final award of counsel fees, costs, and expenses. d. Such other additional relief as the Court deems necessary and appropriate. -~ ~' .1-,- :~,~~""- '" ~ ~ ." I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: CuI /7rd-ei:D ~a~l~.~n~ RubY~ Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND The above named, Barbara L. Bixler, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. Sworn and subsc!~ed to befoITm~ day of , 20~. ~~~ Notary Public fYlCVV)CLJ tlOfAIIAL lEAL CMOL A. NDIfIDN. HoIaI1 PuIIlIc CadIsIe IIcIlO, Cumb.rland 0lunIy "" c......l.hd.. EIpiI8I June 28, ~. ,-d~. . '1'-'_, ,,~ j -~ BARBARA L. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant #00-7182 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 17, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. B~aQ~e~~~ lall~/()~ Dated: Sworn and subscribed to bef~ibk day of , 20~ NOI'AIlIAl SEAl. ~ A MOIlIDW. NoIary Pul:Ilc CaItIIIe .... CulIIb IriIlllIi C'.ounIy Mt (11 .. -..... June 2lI, lIOO3 {I~ A. t1.r/1AO~ Notary Public - I 1..... ,,- - 1 ~- \..". 1<"AL-; . ... . BARBARA L. BIXLER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.11O-7/,{JCivil Term WILLIAM L. BIXLER, Defendant ACTION IN DIVORCE ~ENDED AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on f)(".A-ober 1"7, d, f) 00. . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date:. r:;:f?z;. zo; ztJO'l- tJ~;ULltJi2 William L. Bixler, Defen ant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !i33011c10F THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 cQPY of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: '[k; Z0 zeo"Z. IA.~ L~ William L. Bixler, Defendant - ~ . ~ ~ ." .1'." ^," , ., ~' ~,: ~ BARBARA L. BIXLER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.1l '1J..Civil Term d.OOO ACTION IN DIVORCE WILLIAM L. BIXLER, Defendant AFFIDAVIT OF CONSENT () 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on .. c.A-ober /'7 "d-ooD . I 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: I. , . I ' "7 . ~ tiLf!/iew-- . William L. Bixler, Defenda t WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 633011cl OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !l4904 relating to unsworn falsification to authorities. Date: uJ~~ William L. Bixler, Defenda t I . BARBARA :L. BI;X:LER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM :L. BIXLER, Defendant #00-7182 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 5 3301 (e) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: la IN 10<9 ~~le~:~ ,i,ci-r:;""'"~' '",-,_o_r. '0" '<""-' '-~'Ii_" ... c, ~,~, I . I i .._..~ -ri-. " '~,,~ ~ ilitjiali~lM - '. ; :,~. ' ,.- ..;",- 'J,' " x.c-, - ";cl.' ,~- 0 <:::) () C J---V -r-[ s: 1::1 , -V,.~ P1 ',. ~S~-' "-' !'il _~i N r; 2: , ""J OJ :~::. ':. 2 i:.' ;;) ~i=:' ;r.:.... - ~ : _c, ,..;? 0 :Pc QrT! 2: .::J Sf =< :r;< \0 -, ru ',,' , - ~,-.._,' -,-~ , ... r BARBARA 1. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No.(l)-'1l,?;;1 Civil Term P'" p\,...."-<.\1 ""(Ak.-s WILLIAM 1. BIXLER, Defendant ACTION IN DIVORCE AFFIDAVIT OF SEPARATION 1. The parties to this action separated on November 1, 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: 61 ;;~Ioz- I :J~.. - William 1. Bixler, Defe dant -,~-" ~t;" '- .. ~ ~...... BARBARA L. BIXLER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant dOO>ir/- lr:2 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (al (ll (ii) \ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLANP I, RUBY D. WEEKS, ESQUIRE, Attorney for Barbara Bixler, being duly sworn according to law, depose and say that a true and correct copy of the Plaintiff's Divorce Complaint, proposed property settlement agreement and proposed custody stipulation and agreement, were served on William L. Bixler, at 208 W. Springville Road, Boiling Springs, PA 17007, by mail through the United States Postal Service, first class, postage prepaid, Certified Mail, Restricted Delivery receipt number 7099 3400 0004 5215 2760 on October 18, 2000. Service was accepted on October 21, 2000. ~~ Ruby D. Weeks, Esquire Sworn and subscr~~ to bef~ this ..bI!:E::. day of .LD h- , 2000. NOrAllAl SIAl. =,A. MOIIIlOw, Naby Pubic AIItr~ ~ Cumblllo.... Counly l . &pm,. .Itme 28, 2003 lliuJ ~, (J)ruJ2 CJZJ Notary Public ~ . ......... u.s. PostarServ~~- . . CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) > CJ ..ll ~ ffirnL i X/.efC.- 3.2-0 }..4Q ;.2S ~-7\ <6'-&0 ~ ~m~e $ rl! W'1-- Certified Fee ~ "-:-;,' Retum Receipt Fee CJ "'iEndorsement Required) g"" =- Restricted Delivery Fae " (Et1dorsementRequired) 2: -'-~, Total Postage & Fooos $ .:T rn ~ -.-60~-plete items 1, 2, and 3. Also compfete ~. . I item 4 if Restrictnm' . ~' r.O ' . Print your name e eC \ so tl1at we can re u __ crt . : . Attach this car~ to t~1 ?I I!!fti\f. or on the front If spM JIckI. J; 1, Article Addressed to: _ ~OJYY\ L. ~;;< ~. ~g w. ~UI16~~' ~ 6~,P~ ~ 17007 \ -1-- .- CARLI SLE MPO CARLISLE. Pennsyivanla 170132935 10/18';1 "J (71 7)243-3531 - 0;:'58:43 PM ----- Sales Receipt ....---_ Product Sale Unit Finel Descriptiorr Qty Price Prjc..~ RnTl.ING SPRINGS PA-1700i-.' .-.-$3:2;]'- lri ty Mal I -'stricted Del i very _ turn Recel pt rtiflsd abel Serlal #: $2.75 $1.2, $1.4G 109934000U0452152760 Issue PVI; $8.60 "'" '!o-- $8.60 ~:;:- - -i- by: \"'d~(1 Cash Change Due: $1. 00 $10.00 '$2.40 _I 81 11#; 10003Gw~ Clerk; 12 Thank you for yOLlr' bU$lne:::.s -,-- , ,..,.__-...........1 A. R~~VOObY(~~rintc C:"Signature XZJ~ D. Is delivery address different fromiem 11 If YES, enter delivery address below: 3. '\.. STice Type 1/1. Certifloo Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes :;"""-'---'- --~ ~~:i.:-I,- .. 2: ArticteNumber(Copyfromservic;/abeij -"--.-.=.' '-~" -':-"~--:a.~-{~ "1f)QC( 34m ('yy)t.J~::\ IS ./ PI> Form 3811, July 1999 Domestic Return Receipt 102595-99-M.17sg ~_ .< ""-~ 10-, . .. .. BARBARA L. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant ;~# f\~ CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (al (ll (ii) COMMONWEALTH OF PENNSYLVANIA as COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Tina Stoddard, being duly sworn according to law, depose and say that a true and correct copy of the Plaintiff's proposed custody order and proposed custody stipulation and agreement, were served on Lee Michael Ornerl at 1760 Shrivers Corner Road, Gettysburg, PA 17325, by mail through the United States Postal Service, first class, postage prepaid, Certified Mail, Restricted Delivery receipt number 7099 3400 0004 5215 2739 on October 18,2000 service was accepted on October 19, 2000. RUbYD~ Sworn and SUbSC~~ to befo~~~hiS, daYr.~ of lo-O J( ,20LA..L_ NOJAIIIAI. SEAL CMOl A. tICIIIDW. ....., PublIe c.IoIe ....... CumboolancI County My Com....... ExpI.... Juno 28, 200, ..i CliJJ1.Q A. ilprJurN J Notary Public ," .;;.. U.S. Postal Service c ~ CERTIFIE[} MAIL RECEIPT .~ (Domestic Mail Only; No Insurance Coverage Provided) cr m ~ ru U1 M ru U1 R..N::Jr - -- CARLISLE MPO CARLISLE, Pennsylvania 170132935 (717)243-3531 03:00:59 PM Postage $ Certified Fee .=r Return Receipt Fee t::::J (Endorsement Required) o Restricted Delivery Fee CJ (Endorsement Required) Sales Sale Oty Receipt Unlt p, ice Final Price let -jption CI CI .:or m Total Postage & Fees ISBURG PA 1782j t-Class 5trjctE'J De]'....., turn ReCl;ll ~ '. .;'t I f, ad .ab-al ~enal #: $2.09 _ $2.75=- $1. 2: $l.4C 709934000004521527)i Issue PVI: $7.41- --.---- ,_ ..1 : Paid by: Cash Change Dlie: $7.4___~ $10.0 -$2.: ". II #: C1 erk: 1000300000923 12 Thank yOU for your business :~-_.__._,--- .,,-.................--, T ~ . Complete items 1, 2, and 3. .Also com mete item 4 if Re5fttEl~Ift!llC . Print your nail\: lR~clJrDslMhI e , so that we can r~jW,e '_"'it! nv . Attach this card,ElllbftfmftaJPiece, or on the front if space permIts. 1. Article Addressed to: D. Is deliveiy address dlfferffii from IterT 1? If YES, enter delivery address below: o Agent o Address~ -'[j Yes o No i~ ('()ie.hu..Q (].-'UuJL. ~() lIl;O). It rI VltlS Cb brtt~~ l {)A Ll0C),'S I2J. 3. Servloe Type 'f;f Certified Mail 0 Express Mail fl Registered 0 Retum Rece>pt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (&tra Fee) Yes , . ~. - - " ,.-'-,-.t:..;'.~,-__ll., d73 102595-00-M-t7S9 , - . . ,j;~~,c,J~,;\~:",. ;'"";;_~;" i1.-;' __...8 'j;. ,.-;--- c> ,-- - i-.- ~o 5>8 i~; :z =< 0: ... . . c~ ,- . <'~" , "~ . l..._, 1- _.....-~_.' .,~~' BARBARA L. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant #00-7182 CIVIL TERM PRAECIPE TO WITHDRAW COUNTS IN DIVORCE TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the previous requests for Division of Property Under Section 53502 of the Divorce Code, counsel fees, costs, expenses, in the above captioned divorce action since these matters have been satisfactorily resolved between the parties through a Property Settlement Agreement entered into November 20, 2000. Dated: ~ '""~~-_. Attorney for Plaintiff cc: Ruby D. Weeks, Esquire Jane Adams, Esquire ,;..1" '->d'~ :'" i_, ;'( 'w ,'-~ .-', ly,i-, .~~'< "-~:Ji'~-,,_ol-~'~aBml '.".lIIIi(" '''-'0- ,_., k-,)' ,,,,-c.., ,--v,,~ o s; ~g,~; ;€/~:-.i 0:~> r.::c:, ~:::,: 1> ~,... .C ? ='3 -- .~"~,, ,I," 1.'. ~ [1 1< :~j , [1 !,' :~ I~ 1\ :~ :I I C:l t\.) 'CC) ,~~ N .r:"' ,-. -,...1 ",'1 ',:",-'! ,:-,- , , ::~[~-) --'~.~E; ;:'~iS.~ ::.:.-~ s: :0 -< . ,- .. ....J ~~ @ . ry ore 2 7 2D02 L./ BARBARA L. BIXLER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CUSTODY WILLIAM L. BIXLER Defendant NO. IM- ?/f1- CIVIL 2000 ORDER OF COURT AND NOW, this z,.,t/ day of 1,40->/111I-11- ~ , 20'~ I upon agreement of the parties, tne attached Custody Stipulation and Agreement is made an Order of Court. BY THE CO""~L ~y D. Weeks, Esquire For Plaintiff ~ane Adams, Esquire For Defendant J. " . [CYf1-' :;.u -fY1 RX ~ ()J-O~-03 1IiiI' " M;';j""~ 'j l'Ui.-"'.....-;..~ ~.4.IiJd~_~..~n-;. Hu}dUi]~'-i"'"""'...;.."ililllil ~.uliililr' ~ ~ VINW:1ASNN3d "1'10,(;1' (";1, """1:'. f."I"" I'd.\ :,J.) '._'1-_. \')',:~\J''-\hJ iJ U :! I HV ~ /- \j ,.,'" "0 N\1i 1:." AtiVIC)i,,-t-l.} i..L,.:_>i; ~{':J. :lD ~.., JJ.-. '--'II :J;J(j:>-U~U::J ; ::, ." .... = '~.... .....'.il ;~ I . ,~ j~ j~ 'II i: ~ ~ ! .~ ~~ - - . . "._1- '~ " ,-, . '" , 'IE-- .., . BARBARA 1. BIXLER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.r')/~d. Civil Term d. C() 0 WILLIAM 1. BIXLER, Defendant : ACTION IN DIVORCE CUSTODY STIPULATION AND AGREEMENT This agreement and Stipulation entered into the day and year hereinafter set forth, is by and between Barbara 1. Bixler, natural mother, by her attorney, Ruby D. Weeks, Esquire, and William 1. Bixler, natural father, by his attorney, Jane Adams, Esquire, who aver as follows: I. Plaintiff is Barbara 1. Bixler, natural mother and competent adult individual, who resides at 2 Arbor Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is William 1. Bixler, natural father and competent adult individual, who resides at 208 W. Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. Mother and father are the parents of three children, Christine Marie Bixler, born February 11, 1987, Catherine Dorothea Bixler, born June 20, 1989, and John Tucker Bixler, born July 17,1992. 4. The parties, Barbara 1. Bixler and William 1. Bixler, agree to the following custody terms regarding custody of Christine Marie Bixler, Catherine Dorothea Bixler, and John Tucker Bixler, and request the terms be entered as an Order of Court: A. The parties shall have joint, shared, legal custody of the children. B. The mother shall have actual physical custody of the children, with partial custody awarded to the father as follows: I. Every other weekend from Friday at 5:00 p.m. through Sunday at 7:00 p.m. 2. Two evenings a week starting at 5:00 p.m. and continuing until 8:00 a.m. the next morning. Father will ensure that the children will attend school in a timely fashion when they are in his custody on a school day and Mother will ensure that the children will attend school in a timely fashion when they are in her custody on a school day. ,;-~~ . .-1 .',<. 4"'J<"~, 3. The father shall always have the children from 9:00 a.m. to 9:00 p.m. on Father's Day; the mother shall always have the children from 9:00 a.m. to 9:00 p.m. on Mother's Day. 4. The parents shall have the children on the following holidays: A. Alternate Holidays. The parties shall alternate the legal holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. Custody on these holidays shall be exercised by the Father from 9:00 am to 7:00 pm. The fIrst alternating holiday shall be New Year's Day 2003, which shall be Father's period of custody. In the event that a parent who would otherwise have custody of the children on a weekend which immediately precedes or follows one 0 the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three day period. B. Christmas. In the year 2002, and all even numbered years thereafter, Mother shall have custody of the children from December 24th at noon through December 25th at noon and Father shall have custody of the children from December 25th at noon through December 26th at noon. In odd numbered years, Father shall have custody with the children from December 24th at noon through December 25th at noon and Mother shall have custody with the children from December 25th at noon through December 26th at noon. C. The remaining balance of the Christmas holiday is defIned as the period from December 26th at noon to January I at 9:00 am. The balance of the Christmas holiday shall be shared by the parties. D. The periods of partial custody for holidays, vacations, or other special days set forth in this agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this order. 5. The parties shall each have a reasonable period of time with the children on their birthdays and on the children's birthday to celebrate these events. 6. The father shall have the children for extended periods up to four weeks over the summer. Father shall not have the children for more than two consecutive ,,~- 1_. " " ,. ," """"'~k . . weeks at one time and father shall notify mother at least thirty (30) days before a scheduled vacation. Mother shall also notify father at least thirty (30) days before a scheduled vacation. 7. The father may have partial custody of the children during such additional periods as the parties shall time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation. Nothing herein is intended to prohibit the parties from deviating from the terms of this agreement by mutual consent. 8. The parties will notify the other parent when a child is away from the child's primary residence for more than two consecutive nights and will provide an address and phone number where the child can be reached. 9. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. I O. The parties will assure the children attend activities scheduled for the children during their periods of partial custody such as but not limited to school events, activities and outings, swimming and other lessons, birthday and other parties to which the children are invited by their friends. The parties agree to keep each other timely advised as to these events and activities. 11. Neither parent shall do anything which will estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. 12. If any of the children indicate that they wish to go to be with the other parent due to stress, the parties will comply and allow the child to go with the other parent for a cooling off period. The parties shall resume regular custody exchanges at the next scheduled time under this agreement. . "~ ',', -"I" i "' "';j;- . IN WITNESS WHEREOF, the parties hereto intending to be legally bound b):" the terms hereof, set forth their hands and seals this day of , 2002. ~/ee.,~.r- Ruby D. We ks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, Pa. 17013 Barbara L. Bixler, mother - laintiff L - I William L. Bixler, father - ,~~-'- J.-~~~U!;i;;Jl\l..W~t#Jj:'~~~"!t~tilll'liilWj~i~~llit~1l!:U~_~-"W i ~ ~ .... ""' '" -0 U. '" '" lJ -<) "" ~ j o. c? f r c'" _-,~^-M, M:>>, , -'. ,~-~,<~ ,.." ",cc,_" ,---:: ,~-,~ -~ "~"" '~-y, ,-;-'.-''>;' 0,<,- , " ~" -,,- ~. ~~- "' , ,-, -~,_. ,'-' '- ~ .. o S; , "T.Jf~ iE' iZ > :'j -, '> "" ~ . o /'0 t::J 1'1 ,-, ~ W ~ -',. .c:- A> ~ -~~~"-- ~~~, ,,~ ... "10 o ~n .-, -;,'1 'r: ~-;~1 ~::.J ,,,....,' ---~: <-'--I - ,~; ~r, '-')~J ;"() t.,~1j'q ". SJ -< ,,~, - ",,,,,"" ,,) "'c-'- ,-..,':", -- ,~"~ ) '. <::;,i . BARBARA L. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant #00-7182 CIVIL TERM ORDER AND NOW, this /2- - day of J'-r ~ 200"-:3, the attached Stipulation and Agreement dated ~~/~,~,3of the parties in, this case is incorporated, but not merged, into this Order of Court. J. cc: ~uby D. Weeks, Esquire ~ane Adams, Esquire ?~ R){~ Oq -Jl" ~D3 ",-",;,:i;:;; -~-, " "', liIlIlIii~' ~-. ""~ ' '^:JlI~ J...o ~'"' "L ",'; " -, , tfBIIIJI~'-1--' ".Iii: 'N.iifl ,n, ",.;;."",. ",-,';~-' ;;; ..-'; I . , 'f" ~ , . \/\N\it'\\r\SN;{jr,j ~':~,c'Y\\n8 ~ . U i .~, II' 1\.J"d{ -,: j\\.J '!.c. ,,'I j~:>\:+~~C} .- "~~ c ,~CC. r ,~. ,.. ",. "",,Jv ..f.e -::~ :10 .." - ~ , ,,,,"- ;~-':;:;"~L,-",,;; ~ ',,,lllL' .~" ~,"'"'_ " BARBARA L. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant 1100-7182 CIVIL TERM "DOMESTIC RELATIONS ORDER" AND NOW, this /:L~ daYOf~, 2003, the parties, Barbara L. Bixler, Plaintiff, and william L. Bixler, Defendant, have Agreed and Stipulated as follows: 1. The Plaintiff, Barbara L. Bixler, (hereinafter referred to as flMemberrr) has a personal IRA account naming Prudential Security as custodian, account number KBR-804863-39. 2. Member's date of birth is July 8, 1958, and her Social Security number is 142-38-7175. 3. The Defendant, William L. Bixler, (hereinafter referred to as IIAlternate payeel!) is the former spouse of Member. Alternate payee's date of birth is April 1, 1956 and his Social Security number is 196-48-4559. 4. Member's last known mailing address is: 2 Arbor Drive. Boilinq Sorinqs, PA 17007 5. Alternate Payee's current mailing address is: 208 W. Sorinoville Road. Boilinq Sorinqs. PA 17007 {, ,,7- ~h~ r .' "---'. 6. (a) $32,398.81 The marital property component of Member's IRA benefit is (b) $17,518.56 of the marital property component of Member's IRA is to be allocated to the Alternate Payee as his equitable distribution portion of this marital asset. 7. Alternate Payee: The portion attributed to alternate payee shall be transferred to a tax deferred account in his own name thus making this a tax-free transfer. Alternate payee shall be solely liable for any taxes subsequent to the transfer of these funds. 8. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 9. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order. 11. Upon entry as a Domestic Relations Order, a certified copy of the Domes.tic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon Barbara L. Bixler and alternate payee immediately. ~~~ ~, .. J_ ~~r WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. a3/Z~-? D1l:te ~.3.03 Date tor n e y for e endant/Alternate Payee Attorney for Plaintiff/Member AND NOW, this 1'1-" day of ~ ~ directed that this Agreement and StipuJ'ation is a Domestic Relations Order. , 2003, It is ordered and hereby made an Order of Court and J. cc: Ruby D. Weeks, Esquire Jane Adams, Esquire .....,,, ~ ' ~~. . -", ~",,,' <' ,,-- . , BARBARA L. BIXLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE WILLIAM L. BIXLER, Defendant #00-7182 CIVIL TERM DETERMINATION AS TO QUALIFICATION ON DOMESTIC RELATIONS ORDER, NOTICE TO PARTICIPANT AND ALTERNATE PAYEE, AND AGREEMENT TO COMPLY WITH ORDER Pursuant to tbe rcyuirements of the Retirement Equity Act of 1984, tbatBob Yockin as Brancb Manager for Prudential Security the custodian of account number KBR-804863 - 39 and any successor, bereby states as follows: 1. The Order of the Court of Common Pleas of Cumberland County, Pennsylvania, is a Qualified Domestic Relations Order; and 2. Tbe participant and the Alternate Payee/surviving spouse are hereby notified as to the qualifications of said Order; and 3. The undersigned will comply with all of the terms and conditions of said Order upon its signature by the Court Dated this 23 day of -20:~ Bob Y~'h "',"'ge, . ce: Ruby D. Weeks, Esquire Jane Adams, Esquire ~~~I~lill~~lHll%ll!lt'l""";' ~';";"t~~~~j-~~.r;i~If~/d!I~~~"l!Miii- ,~-~- ~-~ ,'.'-' .~-~-~~="~.~ "" ~ -- -~, ~ .' L _J(f~l (") ~ -r"'t i~f} rrlrr, ~~' r::C_'i ~t~ "7 :::~ -<. ~" ~ " .~> .. . C:' <'....J o -fl .-, ;-;.i:::=t ',--' --,-_1 in '"'jO ;~~(:) -'I :~~ :0 -< t/') rq ."\J c. - ,., ... .