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HomeMy WebLinkAbout07-1603 TIMOTHY W. BIGLER Plaintiff V. PATTI J. BIGLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D7-1l 03 CIVIL ACTION - LAW IN DIVORCE 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A 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 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 TIMOTHY W. BIGLER Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATTI J. BIGLER D q- 16,1,3 CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT 1 • Plaintiff is Timothy W. Bigler, who currently resides at 43 Peach Orchard Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Patti J. Bigler, who currently resides at 43 Peach Orchard Road, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 29, 1995. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § § 3301(c), in that: a) The marriage is irretrievably broken. b) 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 such counseling. c) The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is "marital property." 12. Plaintiff and Defendant may have owned, prior to marriage, property that has increased in value during the marriage and/or which has been exchanged for other property, that has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. V' COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff requires reasonable support to maintain himself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 16. Paragraphs 1 through 15 of this Complaint are incorporated herein by reference as though set forth in full. 17. Plaintiff has retained Stephanie E. Chertok and Cindy L. Hribal, as his Attorneys, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Plaintiff may need to hire experts to appraise the marital property but she lacks the funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs, and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Ste anie . herto , Esq. PA Sup. D# 52651 Cindy L. Hribal, Esq. PA Sup. Ct. ID# 202325 61 W. Louther St. Carlisle, PA 17013 717-249-1177 Counsel for Plaintiff K VERIFICATION I, Timothy W. Bigler, 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. __3 -,- Date Plaintiff, Timothy W. Bigler y ,k o ` c ? o -TY c _ l V 801 f, w o "b ; ... t V ca ti?m 1 co O A TIMOTHY W. BIGLER Plaintiff V. PATTI J. BIGLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE C;)00 PROOF OF SERVICE 1, Cindy L. Hribal, Esq., do hereby certify that a copy of the Divorce Complaint filed in this matter was served by certified U.S. Mail, return receipt requested, and First Class U.S. Mail, to the Defendant at 43 Peach Orchard Rd., Newville, PA 17241. The return receipt signed by the Defendant is evidence of delivery to the Defendants and is attached hereto. Respectfully submitted, to anie . hertok, sq. PA up. C>C ID# 52651 Cindy L. Hribal, Esq. PA Sup. Ct. ID# 202325 61 W. Louther St. Carlisle, PA 17013 717-249-1177 Counsel for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to, a Signatu P ,. l / / X E? ?? ? Agent ? Addre B. ece by (Printe?f ) C, Date of 1 , t» ( r- L 5' G? D. Is delivery dfBerent from item 11 0 Yes If YES, enter delivery address below: 0 No 31wSflrvice Type XCertified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7005 1820 0002 4614 9522 (Tn3nsfi3r from sendce /ebeQ -- PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M-1540 C ? r ;Z f 1 1 TIMOTHY W. BIGLER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATTI J. BIGLER Defendant 07-1603 CIVIL ACTION - LAW IN DIVORCE PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made and concluded as of the U?Q day of ?. 20075 by and between Timothy W. Bigler (hereinafter referred to as "Husband"), and Patti J. Bigler, (hereinafter referred to as "Wife"), being of, and consenting to, for all purposes of jurisdiction concerning this Agreement, the Commonwealth of Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife having been lawfully joined in marriage on July 29, 1995, and diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties, as a result of which they are living separate and apart; and WHEREAS, no children were born to the parties of this marriage; and WHEREAS, Husband may be entitled to payment by Wife or Wife may be entitled to payment by Husband for support and maintenance in any support proceeding and/or alimony, alimony pendente lite, counsel fees, legal costs and expenses pertaining to or in any divorce proceedings; and WHEREAS, certain differences and disputes have arisen or may arise between the parties respecting their interests, rights and title in and to certain property (real and/or personal) owned by or in possession of the said parties or either of them; and WHEREAS, certain differences and disputes have arisen or may arise between the parties respecting their respective or mutual obligations with regard to various claims by third parties; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Husband's and/or Wife's maintenance and/or support, alimony, counsel fees, costs and any other right or interest arising out of or by reason of their marriage. NOW, THEREFORE, in consideration of the promises and of the several mutual promises and/or covenants and/or agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby, promises, covenants and agrees as follows: 1. Effective Date of Agreement This agreement will become effective and binding upon both parties upon execution. 2. Date of Execution The phrases "date of execution" or "execution date" of this Agreement shall be defined as the day of the execution by the party last executing this Agreement. 3. Mutual Releases and Waivers Except as provided for in this Agreement, Husband and Wife each forever releases, remises, discharges and quitclaims the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever releases, remises, discharges and quitclaims 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, titles, interests or claims in or against the other, or in or to the real, personal and/or mixed property of the other (including income, appreciation and gain from property hereafter accruing), and all rights, titles, interests and claims which he or she now has or ever may have in and/or to the other's estate, and each and every additional right, title, interest and claim he or she has or ever may have against the other, his or her heirs, executors, administrators and assigns, excepting only the obligations, rights and claims imposed or inuring to the benefit of either of the parties by reason of the terms of this Agreement. 2 Each of the parties hereto further covenants and agrees for herself and himself, and her or his heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or her or his heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. It is further specifically understood and agreed by and between the parties hereto that Wife and Husband accept the provisions made and set forth in this Agreement by Husband for Wife and or Wife for Husband, in lieu of and in full settlement and satisfaction of any and all of the Wife's rights against Husband or Husband's rights against Wife, for any past, present and future claims on account of support and maintenance or any other right or interest arising out of the marriage, that is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by Wife against Husband, and Husband against Wife, and are, inter alia, in full settlement and satisfaction in lieu of Husband's and Wife's past, present and future claims against each other on account of maintenance and support, alimony and also alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever arising out of their marital relationship and/or pertaining to any divorce proceeding which have been or may be instituted by Wife in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may have been or may be instituted by Husband in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs and expenses incurred or to be charged by any counsel or arising in any manner whatsoever. Husband and Wife agree that, except as may be otherwise provided herein, neither party may apply to any court for a modification of this Agreement, with respect to alimony and distribution of property, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided for in this agreement, it shall be the sole responsibility of Wife and Husband to sustain themselves without seeking any support from the other party from the date of the execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including attorney's fees and costs. 4. Release of Testamentary Claims Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament; and each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the Will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns for the purpose of enforcing any of the rights relinquished under this paragraph. 5. Separation and Non-Molestation Agreement It shall be lawful for Husband and Wife at all times hereafter to live separately and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any authority, control, restraint or interference, direct or indirect, by each other. Each party agrees that he or she will not compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, 4 carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation, directly or indirectly. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families, employees or employers of each other. The parties are free to mutually and voluntarily make any efforts at reconciliation as he, she or they shall deem proper. The foregoing provisions, however, shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of or unlawfulness of the cause leading to their living apart. 6. Lep-al Advice The parties have been encouraged to have the provisions of this Agreement and their legal effect fully explained to the parties by their respective counsel. The Husband has employed and had the benefit of counsel of Stephanie E. Chertok, Esquire and Cindy L. Hribal, Esquire, as his attorneys. The Wife has chosen to not employ counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations and each party acknowledges and accepts that this Agreement is, under 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 the 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. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived. 7. Divorce Prior to the execution of this Agreement, Husband filed a divorce action in the Court of Common Pleas of Cumberland County, seeking a Divorce Decree pursuant to Sections 3301(c) and 3301(d) of the Divorce Code. Husband agrees to prosecute at his expense said divorce action in a diligent and expeditious manner. The parties agree that upon the expiration of the requisite ninety (90) day waiting period they will execute Affidavits of Consent, consenting to a no-fault divorce pursuant to Section 3301(c) of the Divorce Code, the originals of which will be filed with the Office of the Prothonotary of the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. It is specifically understood and agreed by and between the parties and each does hereby warrant and represent to the other as defined in the Divorce Code that their marriage is irretrievably broken. If, after the execution of this Agreement, either party delays or contests the obtaining of a final unappealed Divorce Decree, that person shall be fully responsible for all attorney's fees, costs and expenses incurred by the other in obtaining the final decree in divorce so delayed. Further, Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Wife and Husband each does hereby warrant, covenant and agree that, in any possible event, she and he is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 8. Effect of Divorce Decree It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that unless otherwise specifically provided for herein, the Agreement shall continue in full force and effect regardless of any change in the marital status of the parties, shall continue in full force and effect after such time as a final decree in divorce may be entered, and shall survive and not be merged into any such judgment, order or decree. 9. Effect of No Divorce This Agreement will remain in full force and effect even if there is no divorce. 10. Equitable Distribution Prior to the execution of this Agreement, the parties have made full and honest disclosure of the marital and individual assets. That disclosure revealed, and the parties made this agreement contemplating, 1) the couple's 1994 Chevy S 10 Truck; 2) the couple's 1984 Chevy Van; 3) the marital residence located at 43 Peach Orchard Road, Newville, PA 17241; 4) Husband's one checking account; 5) Husband's one savings account; 6) Wife's one checking account; 7) Wife's one savings account; 8) Wife's Pension Plan; 9) Husband's Pension Plan; 10) Glass dining table with chairs; 11) Bentwood Rocker; and 12) High Boy Jewel Chest with matching Dressing Mirror. After contemplation, the parties agree that the marital and non-marital property shall be divided as follows: (a.) Assets Retained In Whole 1) Husband shall retain his one checking and one savings account and Wife shall retain her one checking and one savings account; 2) Wife shall retain the 1994 Chevy S 10 Truck; 3) Husband shall retain the 1984 Chevy Van; 4) Wife shall retain her pension plan; 5) Husband shall retain his pension plan; 6) Wife shall retain the glass dining table with chairs; 7) Wife shall retain the Bentwood Rocker; 8) Wife shall retain the High Boy Jewel Chest with matching Dressing Mirror; 7 (b.) Real Estate Husband and Wife are joint owners as tenants by the entireties of premises located at 43 Peach Orchard Road, Newville, Cumberland County, Pennsylvania. It is hereby agreed by and between the parties that contemporaneous with the execution of this Agreement, Wife shall deliver to Stephanie E. Chertok, Esq., as Escrowee, a properly executed deed whereby wife conveys, transfers and grants to Husband all her right, title and interest in and to the said Peach Orchard Road property. Wife represents and warrants that she has not placed nor caused to be placed any liens, encumbrances, easements or any other restrictions or conditions of record relating to the said property which will still exist as of the date of the execution of this Agreement, with the exception of a certain mortgage on which there is a balance due. Husband shall refinance the existing mortgage on the marital property as soon as possible so as to remove Wife's name from the existing mortgage. Wife shall cooperate in transferring the aforementioned deed to Husband at such time as it is necessary in order for Husband to complete the refinancing of the mortgage. In the event that Husband is not approved for the refinancing of the mortgage or is not able to accomplish the removal of Wife's name from the mortgage debt, then in that event, the aforementioned deed shall not be recorded and shall be destroyed. Furthermore, in the event that Husband is unable to obtain the necessary financing in order to pay Wife the consideration due pursuant to Subparagraph I O(e) below or the transfer pursuant to Subparagraph (f) below, then in that event, this Agreement, in its entirety, shall be considered null and void and both parties shall be returned to their respective positions with respect to the divorce action, as if said Agreement had never been entered into. (c.) Wife's vacating of marital premises Wife shall vacate the marital residence as soon as possible. With regard to personal property that she will remove from the premises pursuant to the terms of this Agreement, said removal shall be accomplished within thirty (30) days of the execution of this agreement. 8 (d.) Husband's responsibility for expenses related to the marital premises From the date of execution of this agreement, Husband agrees to assume as his sole obligation all expenses incurred in connection with the said Peach Orchard Road property including, but not limited to, mortgages, taxes, water and sewer rents, electric and telephone service, homeowners' insurance, garden expenses, routine maintenance and minor and major repairs, and further agrees to and does hereby indemnify and hold forever harmless, Wife, her successors and assigns, heirs, executors and administrators against loss from any and all manners of actions, causes of actions, suits, attorney's fees or costs at law or in equity that may hereafter or at any time be made or brought against the Wife by means of said expenses of ownership of the property. (e.) Monthly payments to Husband Wife shall pay to Husband the sum of Five Hundred ($500.00) Dollars and No Cents per month until such time it is agreeable between Husband and Wife to discontinue payments. Said payments shall be considered as equitable distribution and shall not be taxable to Husband nor deductible by Wife for income tax purposes. (f.) Miscellaneous Any and all financial records and keys of the parties, as well as all information and payments books for items relative to the marital residence shall be provided to the Husband. Further, any documentation pertaining to assets or property that is to be held by the Wife shall be given to the Wife at the earliest possible time. Prior to the execution of the Affidavits of Consent, the parties shall sign any documents that may be necessary to relinquish any and all rights to life insurance policies to the owner of each policy, if any are currently owned. 11. Tax Treatment for Year 2007 The parties agree that they shall file separate tax returns for the year 2007. Husband shall be permitted to deduct all mortgage, interest and real estate taxes for the year 2007 with respect to the marital residence. 12. Waiver of Alimony Pendente Lite, Alimony, Support and LeLyal Fees Except as is otherwise provided herein, specifically Paragraph 10(e), each parry hereby specifically releases, relinquishes and discharges any right he or she may have 9 against the other for any past, present or future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses or on account of any other right or interest arising out of the marriage. It is specifically understood and agreed by and between the parties that this Agreement comprehends and discharges any and all such claims by Wife against Husband, and Husband against Wife, notwithstanding that the financial circumstances of the parties may change in the future. Each party hereby agrees that neither party may apply to any Court for a modification of this Agreement with respect to support, maintenance, alimony, alimony pendente lite or counsel fees whether pursuant to the Divorce code or any other present or future statute or authority. It shall be the responsibility of each party to sustain themselves without seeking any support, maintenance, alimony, alimony pendente lite, counsel fees or costs from the other party from the date of the execution of this agreement. 13. Warranty as to Existing Obligations During the course of the marriage, Wife and Husband incurred certain liabilities. With respect to the liabilities arising from the marriage which were incurred prior to the date of the execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no liabilities remain which were incurred by that party (or on that party's behalf) for which the other party may be deemed liable and if any such liabilities should be determined to have existed as of the date of execution of this Agreement, except as set forth below, the party who incurred that liability now and at all time hereafter shall indemnify and hold harmless from and against any such liabilities, or costs or expenses, including attorney's fees, relating thereto. 14. Warranty as to Future Obligations Wife and Husband each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable and each now and at all times hereafter shall indemnify and hold the other party harmless from and against any such liabilities, costs or expenses, including 10 attorney's fees, relating thereto by the other parry after the date of the execution of this Agreement. 15. Default or Delay in Payments or Obligations of Performance Under Agreement In the event that either parry defaults with respect to any payments to be made hereunder, or any obligation to be performed hereunder, and in addition to any and all other remedies within ten (10) days after sending of a written notice by certified mail to the defaulting party specifying said default, the defaulting party hereby agrees to indemnify the party injured, or to reimburse him or her for any and all attorney's fees and disbursements resulting from or made necessary by the bringing of any suit or other proceeding, whether by complaint or counterclaim to enforce any obligation or to collect such payment, provided such suit or other proceeding results in a judgment, decree or order in favor of the suing party. In the event such suit or other proceeding results in a judgment, decree or order against the suing party, the suing party shall reimburse the other parry for any and all expenses, costs and attorney's fees resulting from or made necessary by virtue of the bringing of such suit or proceeding. If such default is remedied after the commencement of this suit, or other proceeding referred to in the above paragraph, the indemnity and reimbursement obligation shall be operative with the same force and effect as if judgment, decree or order had been made in favor of the party bringing such suit or other proceeding. 16. Independent Separate Covenants It is specifically understood and agreed by and between the parties hereto that each paragraph shall be deemed to be a separate and independent covenant and agreement, and a breach by Wife or Husband of any provision of this Agreement shall not justify or excuse breach or default by Wife or Husband of any other provision of this Agreement. 17. Confirmatory Documents Husband and Wife covenant and agree that they will forthwith (and within at least fifteen (15) days after demand therefore) execute any and all written instruments, 11 assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 18. Entire Agreement, Merger and Integration Husband and Wife do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble herein above; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. It is agreed by and between the parties that this Agreement shall be incorporated into, but not merged, with the parties' final decree in divorce for enforcement purposes only. This Agreement shall survive the Divorce Decree. 19. Agreement Binding on Heirs The terms, provisions and conditions of this agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. 20. Void Clauses 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, effect and operation. 21. Headings Any headings preceding the text of the several paragraphs or subparagraphs hereof are inserted only for the convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 22. 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. 12 23. Notice Provision (a.) Notice to Husband shall be sent by certified mail, return receipt requested, to his primary residence or such other address as Husband from time to time may designate in writing. (b.) Notice to Wife shall be sent by certified mail, return receipts requested, to her primary residence or such other address as Wife from time to time may designate in writing. 24. 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 the execution of this Agreement. 25. 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 of similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 26. Counterparts This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. 27. This Agreement is contingent upon Husband obtaining refinancing whereby Wife is relieved of any liability on the existing mortgage. 13 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written: Date: Date: 1 / 0 . C) -7 Date: j Date: TIMOTHY W. BIGLER r PATTI J. IGL rr?y, Z4 lp,4 fitness Witness 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : On this, the day of , 2007, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared TIMOTHY W. BIGLER, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same to the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of , 2007, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared PATTI J. BIGLER, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same to the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC 15 Cl) C Y \ ••y f TIMOTHY W. BIGLER, Plaintiff V. PATTI J. BIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1603 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 23, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I acknowledge that the marital settlement agreement, signed by both parties on November 20, 2007, attached hereto, remains binding and is incorporated herein. 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: TIMOTHY W. BIGLER ?izu ; Q £ TIMOTHY W. BIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATTI J. BIGLER, Defendant 07-1603 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 23, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I acknowledge that the marital settlement agreement, signed by both parties on November 20, 2007, attached hereto, remains binding and is incorporated herein. 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: PATTI J. B { ; te,a ?,... 54.E .?q 'r ?j ^'`.: mow..,} y ^? t.?} r?--? '.,,w "3 _j ?j f_ r ?,' ? _ a ....., NC ` I r ""'{'Wi't e`.b ?-- '_ _ ?. u ?? ?- -3, TIMOTHY W. BIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATTI J. BIGLER, Defendant 07-1603 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER -4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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. § 4904 relating to unsworn falsification to authorities. Dated: Timoth W. Big r CZ7 TIMOTHY W. BIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATTI J. BIGLER, Defendant 07-1603 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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. § 4904 relating to unsworn falsification to authorities. Dated: ??-? - C , - Patti J. r - Wiz.,.. ?--- ?. i"cn CC:::i Timothy W. Bigler, IN THE COURT OF COMMON PLEAS P 1 a i n t i f f CUMBERLAND COUNTY, PENNSYLVANIA VS. Patti J. Bigler, CIVIL DIVISION Defendant NO.07-1603 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 §3301(c) - 33014dgl? -o# # w-Mvorca?- Code, (Strike out inapplicable section). 2. Date and manner of service of the complaint. C, r, r u t, ri / 2 3// 7 A r t i f i P d m a i l r 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff.-11 / 2 o/ 2 o o 7 ; by defendant 11 / 2 0/ 2 0 0 7 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 1 1/-3 o/ 2 o n 7 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 11 / -3 0/ 2 0 0 7 for Plaintiff / Defendant C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Timothy W Bigler NO. 07-1603 Plaintiff VERSUS Patti J. Bigler Defendant DECREE IN DIVORCE AND NOW, bi ..(_q , IT IS ORDERED AND .? .,? DECREED THAT Timothy W Bigler , PLAINTIFF, AND Patti J Bigler 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; BY THE COU PROTHONOTARY en ?k Y