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HomeMy WebLinkAbout03-4228REAGER & ADLER, PC BY: DEBRA DENSION CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 _Attorneys for Plaintiff LORI BITT1NGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 Plaintif£ You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'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 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market S~-eet Camp HiI1, PA I7011 Telephone: (717) 763-1383 Attorneys for Plaintiff LORI BITTINGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pfiginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Permsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO~ USTED PUEDE PERI)ER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA 1NDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff LORI BITTINGER, Plaintiff RICHARD L. BITT1NGER, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : : CIVIL ACTION - LAW : 1N DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Loft Bittinger, an adult individual who currently resides at 15 Covert Street, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Richard L. Bittinger, Jr., an adult individual who currently resides at 730 Mountain Road, Dauphin, Dauphin County, Pennsylvania 17018. 3. 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 September 18, 1982 in Camp Hill, Cumberland County, Pennsylvania, 1701 l. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is two children of this marriage under the age of eighteen years, namely Christopher A. Bittinger, bom April 9, 1986, and Stephen M. Bittinger, bom January 7, 1992. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff Dated: tg~/~_ ~/~) ~ By: Respectfully submitted, REAGER3~ Debr~en~' antor, Esquire Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, LORI BITTINGER, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Lori Bittinger LORI BITTINGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4228 CWIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Kristen Reinhold, Esquire am authorized to accept service of the Complaint in Divorce on behalf of my client, Richard L. Bittinger, Jr., in the above captioned matter. c~ LORI BITT1NGER, Plaintiff RICHARD L. BITTINGER, JR. Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-4228 CIVIl, TERM : : CIVIL ACTION - LAW : IN DIVORCE AMENDED ACCEPTANCE OF SERVICE I, Kristin R. Reinhold Esquire, counsel of record for Richard L. Bittinger, Jr., Defendant, hereby accept service of the Complaint in Divorce on behalf of my client, Richard L. Bittinger, Jr., in the above-captioned matter. I hereby certify that the aforegoing is true and[ correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~ · /" / ~. fC~rist?l R. Rei}ff~°ld, ~squire LORI BITTINGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant IN THE COURT OF' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4228 CIVIL ACTION - LAW IN D1VORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 32,01(c) of the Divorce Code was filed on August 27, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Richard L. Bittinger, Jr. ~' P' LORI BITTINGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4228 : : CWIL ACTION - LAW : IN D1VORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 Prot]honotary. 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 unswom falsification to authorities. DATE: Richard L. Bittinger, Jr. MARRIAGE SETTLEMENT AGREEMENT By and between LORI BITTINGER - AND - RICHARD L. BITTINGER, JR. Dated: ¥~c~c¢. ~ ~T). ,2004 INDEX PAGE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Divorce and Separation ................................................................ 4 Division of Property ..................................................................... 4 Lump Sum Payment ..................................................................... 7 Income Tax Prior Returns ............................................................ 7 Execution o£Additional Documents ........................................... 8 Transfers Subject to Liens ........................................................... 8 Complete Listing of Property ...................................................... 8 Equitable Distribution of Property .............................................. 8 Relinquishment of Ownership ..................................................... 9 After-Acquired Property .............................................................. 9 Debts ............................................................................................. 9 Bankruptcy ................................................................................... 10 Alimony ........................................................................................ 11 Full Disclosure ............................................................................. 11 Releases ........................................................................................ 11 Indemnification ............................................................................ 11 General Provisions ....................................................................... 12 Fair and Equitable Contents ......................................................... ! 2 Breach ........................................................................................... 13 Independent Separate Covenants ................................................. l 3 Void Clauses ................................................................................ l 3 Execution of Documents .............................................................. ! 4 Applicable Law ............................................................................ ! 4 Non-Merger .................................................................................. 14 Disclosure and Waiver o£ Procedural Rights .............................. 14 Tax Advice ................................................................................... 15 Representation o£ Parties ............................................................. 16 Signature Page .............................................................................. 16 Acknowledgement Page ............................................................... 17 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ~.-~ day of ~ ~ It~f~CY'~, 2004, by and between Lori Bittinger -AND- Richard L. Bittinger, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on September 18, 1982, at Cumberland County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and futura support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on August 12, 2003. NOW, THEREFORE, in consideration of the aforegoing premises 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate 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 control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment. 2. Husband shall retain possession and ownership of his 2001 Chevrolet Silverado and shall be fully responsible for the MembersFirst Federal Credit Union automobile loan. The parties further agree that Husband shall refinance the automobile loan or 4 otherwise obtain Wife's release from this obligation with 90 days of the date of this Agreement. 3. Husband shall retain ownership of his MetLife Insurance policies number 967213830UM, number 852745688UL, and number 892830818A. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. 2. Wife shall be entitled to possession and ownership of the martial home located at 15 Covert Street, Enola, Pennsylvania 17025, subject to the MembersFirst Federal Credit Union mortgage and the PHH Mortgage. Wife shall refinance or obtain a release of Husband from the mortgage obligations within 120 days of the date of the execution of this Agreement. Upon successful refinancing or release, Husband shall execute a Warranty Deed conveying to Wife all of his right, title, and interest to the real estate, and Husband shall be paid directly from the settlement proceeds the sum of $46,041 as more fully set forth in Paragraph 3. In the event Wife is unable to refinance the mortgages relative to the marital home or she is unable to obtain Husband's release from the mortgage obligations within 120 days of the date of the 5 execution of this Agreement, the parties agree that the marital home shall be sold in order to release Husband's name from the mortgage obligation. Upon sale of the real estate, the net proceeds, after deduction of all expenses, fees, and taxes in connection with the sale, and after satisfaction of the lien of the existing first and second mortgages shall be distributed as follows: Husband shall be entitled to the first $46,041, and Wife shall be entitled to the remainder of the net proceeds. 3. Wife shall retain possession and ownership of her 2000 Chevrolet Venture and be fully responsible for the GMAC automobile loan. The parties further agree that Wife shall refinance the automobile loan or otherwise obtain Husband's release from this obligation with 90 days of the date of this Agreement. 4. Wife shall retain her MetLife Insurance policy number 916004122UL. 5. Wife shall retain ownership of the savings bonds currently in her possession. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively, with the exception of the following property which is currently in the possession of Wife: . ,e.s in I~asement, clothes cabinet, hunting equipment, garden tools, and entertainment center. Husband shall remove said property from 6 the marital home within six months of the date of the execution of this Agreement. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Lump Sum Payment. In consideration of the terms and conditions set forth in this Agreement, and as ftwther equitable distribution of the marital property, Wife shall pay to Husband the sum of Forty Six Thousand forty-one Dollars ($46,041.00) to be paid contemporaneously with the refinance of the marital home as more fully set forth in Paragraph 2 (B) (2). Said sum shall be paid directly to Husband from the settlement proceeds at the time of the refinancing settlement. 4. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7 5. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 6. Transfers Subject to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 7. Complete Listin~ of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. Ectuitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 9. Relincluishment of Ownershiv. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. I0. Afler-Actluired Provertv. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: none B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 12. Bankruotcv or Reoroanization Proceedings. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attomey fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 10 13. Alimony. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 14. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such ll party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enfoming this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. General Provisions. 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. 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully 12 informed as to his or her legal rights and obligations. 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 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. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 20. Indevendent Sel~arate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 21. 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. 13 22, Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 23. laws of the Commonwealth of Pennsylvania. Al~plicable Law. This Agreement shall be construed under the 24. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enfomement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 25. Disclosure and Waiver of Procedural Rights. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of'separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either 14 party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which properly is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party- that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 26. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this 15 Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attomey, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 27. Reoresentation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Debra D. Cantor, Esquire. IN WITNESS WHEREOF, the parties hereto have set their hands and ~~e~~. Lori Bittinger 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On this day of ,2004, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Lori Bittinger, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. Lori Bittinger Witness my hand and Notarial seal, the day and year aforesaid. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On thi~'~ day of f~t~/~_ , 2004, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Richard L. Bittinger, Jr., known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. Witness my hand and Notarial seal, the day and year aforesaid. My Commission Expires: 17 LORI BITTINGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4228 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 27, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Loft Bittinger ~ LORI BITTINGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4228 CWIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF TI-IF, 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 bat false statements here'm are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE: LORI BITI'INGER, Plaintiff RICHARD L. BITTINGER, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4228 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Grotmd for divorce: Irretrievable breakdown trader § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant's attorney, Kristen R. Reinhold, Esquire, on the 15~ day of September, 2003 by signing an Acceptance of Service. Amended Acceptance of Service was filed with the court on April 12, 2004. 3. Date of execution of the Affidavit of Consent required by § 330 l(c) of the Divorce Code: by Lori Bittinger, Plaintiff, on April 14, 2004; by Richard L. Bittinger, Jr., Defendant, on March 22, 2004. 4. Related claims pending: Settled by Marital Settlement Agreement dated March 22, 2004. Prothonotary: with the Prothonotary: Date Plaintiffs Waiver of Notice in § 3301 (c) Divorce was filed with the April 2 i, 2004 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed April 8, 2004 Respectfully submitted, REAGER & ADLER, PC ~.~b.~o. e~is~, Esquire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff iN THE COURT OF COMMON PLEAS LORI BITTINGER Of CUMBERLAND COUNTY STATE OF PENNA. NO. 03-4228 VERSUS RICHARD L. BITTINGER, JR. DECREE IN DIVORCE LORI BITTINGER DECREED THAT RICHARD L. BITTINGER, JR. AND , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCEI~ 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; The terms of the parties' Marital Settlement Agreement dated March 22, 2004 and attached hereto are incorporated herein but not merged herewith. ByThe COURt: //~ /~ ~// PROTHONOTARY