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HomeMy WebLinkAbout04-4115 JODY L. BITNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004- Yt's-' CIVIL : IN DIVORCE BENJAMIN F. BITNER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILEA CLAIM FORALlMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Street Carlisle, Pennsylvania 17013 (717) 249-3166 ',\ il JODY L. BITNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004- '1115 CIVIL : IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 33011d) OF THE DIVORCE CODE BENJAMIN F. BITNER, Defendant 1. Plaintiff is Jody L. Bitner, an adult individual who currently resides at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013-1739. 2. Defendant is Benjamin F. Bitner, an adult individual who currently resides at 111 Stonethrow Lane, Raeford, Hoke County, North Carolina 28376-8244. 3. Plaintiff has been a bonafide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 9, 2000 in Greencastle, Pennsylvania. COUNT I . DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she 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. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT 11 -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III . ALIMONY 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 13. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 14. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 15. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. COUNT IV - ALIMONY PENDENTE LITE 16. Plaintiff hereby incorporates by reference paragraphs 1 through 15 above. 17. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 18. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff requests the court to order that the defendant pay the plaintiff alimony pendente lite. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~ Michael A. Scherer, Esquire Attorney for Plaintiff 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Jody L. Bitner mas\Domestic\Bltner\dlvorce.comp II VERIFICATION 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. S 4904, relating to unsworn falsification to authorities. Date l f\-I.15 2Gu\ ~^~ Jody L. Bitner "B !-y~~) '. ',-- 7\::) (\ "'<- - ___1 l!t:- "\ \C.) ):; '. \:t:. ~) 4,) -. \.,' .~ ,.......;., J', \:~ ~ ~ 6 J, ;:<j c ') .r: " _.D \;.} "-:; i" (}J "" ::-. ." 'I ',I v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-1./-1/:> : IN DIVORCE CIVIL JODY L. BITNER, Plaintiff BENJAMIN F. BITNER, Defendant ACCEPTANCE OF SERVICE AND NOW, on this the ~ day of August, 2004, I, Clinton T. Barkdoll, Esquire, attorney for Defendant above, hereby accept service of the Complaint in Divorce filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. pd~ p7" mi;.. v~-e Clinton T. Barkdoll, Esquire . 'r> 1'.) .t':" r... ~ I"'''; JODY L. BITNER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-4115 CIVIL TERM BENJAMIN F. BITNER, Defendant/Respondent CIVIL ACTION-LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Jody L. Bitner, by and through her attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The Petitioner is Jody L. Bitner (hereinafter "wife") an adult individual who resides at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is Benjamin F. Bitner (hereinafter "husband") an adult individual whose last known address was 111 Stonethrow Lane, Raeford, North Carolina. 3. Husband is in the United States Army and is believed to be currently deployed outside of the United States. 4. Wife filed for divorce in Cumberland County on August 19, 2004 and in her Divorce Complaint requested equitable distribution of the parties' marital property. 5. Husband owns real estate in his name alone, in which wife believes she has a marital interest. This real estate is located at 3658 Wayne Road, Chambersburg, Franklin County, Pennsylvania. 6. The parties have been married since March 9, 2000, and wife believes that the real estate in husband's name on Wayne Road has increased in value since the parties marriage and that the increase in value in that real estate is marital property. 7. Wife has been provided information through husband's family that the real estate on Wayne Road is set to be auctioned on October 22, 2005. 8. Wife believes that husband has given his mother or another family member his power of attorney which could be used to effectuate the sale of the Wayne Road real estate. 9. Wife does not believe that an appraisal has been conducted of the Wayne Road property and is concerned about husband receiving the fair market value of the property through an auction. 10. Husband owes wife the sum of approximately $5,200.00 in the nature of spousal support and child support arrears through the Cumberland County Domestic Relations Office. 11. Wife is concerned about the disposition of the proceeds of the sale of the Wayne Road property and she has not been advised as to husband's intentions regarding the proceeds from the sale of the Wayne Road property. 12. Husband is represented by Clinton D. Barkdoll and undersigned counsel has sent Attorney Barkdoll an email to verify the information wife has regarding this matter and to attempt to reach a resolution of this issue which has just arisen. WHEREFORE, wife respectfully requests this Honorable Court enter an Order preventing the sale of the Wayne Road property until an appraisal has been conducted of the Wayne Road property to determine its fair market value and that any proceeds from the sale of the Wayne Road property be first used to pay husband's spousal and child support arrears and that the rest be placed into escrow with counsel for the parties. Respectfully submitted, O'BRIEN, BARIC & SCHERER MizMH!:- 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/bitnerlspecialrelief.pet 10112/2005 14:52 71 72495755 DES PAGE 05 VERIFICA TIPN The statements in the foregoing Petition For Special Relief are based upon information wllich has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon Information which I have given to my counsel, they 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. 54904 relating to unsworn falsifications to authorities. DATE: J ~ DC;t dOO5"' ~L.~ od . Bitner J4 '--- CERTIFICATE OF SERVICE. I hereby certify that on October 13, 2005, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition For Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Clinton T. Barkdoll, Esquire 9 East Main Street Waynesboro, Pennsylvania 17268 "' C) r" , ...., (,.:~'3 tA o C':' -I o -n :::! F,1 :T' ,'- rTj q r_> v-' ...,., ~~3 ---SI'\'1 .} JJ .< .,.- 1..0 - JODY L. BITNER, Plaintiff/Petitioner ~ R E1t1f~'f!t}/)Er{HJGTl.1 H-:ZO~y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-4115 CIVIL TERM BENJAMIN F. BITNER, Defendant/Respondent CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this 1i- day of October, 2005, upon consideration of Wife's Petition For Special Relief, it is here~~decreed that Husband and/or his shall be enjoined from selling or otherwise conveying the real estate at 3658 Wayne Road, Chambersburg, Pennsylvania, pending further order of court. I-rrthe.eve"t L1le pal1les arC:; u;,dL..l., lo re8el'! s resalution oftl'!is ffistter "il"'sl:It fudtrt::1 c()uI1InVOlv~"ent,4-nearing is set iA II i! ",ull~1 for J ~ the ,),/#1 day of (]~ ,2005 at ~.'J:) a.m.lJH'll. in Courtroom d No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. ~ (- q-(j5 10' I v1Vi'lchael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 vZlinton T. Barkdoll, Esquire 9 East Main Street Waynesboro, Pennsylvania 17268 . ~). ,>' ':J""~ ," y> \)::, ,..+' ------- ~ JODY L. BITNER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BENJAMIN F. BITNER, Defendant/Respondent NO. 04-4115 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of October, 2005, this matter having come before the court on a petition for special relief, it is ordered that the reserve on the auction of the subject property scheduled for October 22, 2005, is raised from $95,000.00 to $115,000.00. Upon settlement, the net proceeds from any sale shall be escrowed with counsel for plaintiff pending further distribution between the parties. By t~"Court, # ;~ ----1/ ~. \ ~'"r- Edgar . ayle.y,-- J "-- ~,{chael A. Scherer, Esquire 't~r Plaintiff n{inton T. Barkdoll, Esquire vf;r Defendant prs ~[ ... i''t.,-. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA - CUMBERLAND COUNTY Jody 1. Bitner, Plaintiff Civil Action - Law v. F.R. No. 2004-4115 Benjamin F. Bitner, Defendant In Divorce a.v.m. MOTION FOR APPOINTMENT OF MASTER Benjamin F. Bitner, Defendant, by and through his attomeny, Clinton Barkdoll, Esquire of Kulla, Barkdoll, Ullman & Painter, P.C., moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X)Alimony (X) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and, in support of said motion, states the following: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The non-moving party has appeared in this action by her attorney, Michael A. Scherer, Esquire. 3. The statutory ground(s) for divorce (is)(are) 3301(d) in that the oarties have now been separated for more than two vears. 4. Delete the inapplicable paragraph(s): (a) The action is contested. (c) The action is contested with respect to the following claims: Divorce, Alimony, Alimony Pendente Lite, Distribution of Property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional, information, if any, relevant to the motion: Defendant, Benjamin Bitner, is currently employed with the U.S. Army and is stationed in Afghanistan, however, Defendant's Mother, Beverly J. Bitner, is Power of Attorney for the moving party. Respectfully submitted, &7~~~/ Clinton T. Barkdoll, Esquire Attorney for Defendant I hereby certify that I have filed with the Prothonotary of Cumberland County the following documents and/or that I have performed the following tasks, pursuant to Pa. R.C.P. 1920.31, 1920.33, and Local Rule of Court 39-1920.53: ( ) Inventory and Appraisement ( ) Income and Expense Statement ( ) Master's Fee of $350.00 (X) The non-moving party may be contacted by her attorney: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (X) Moving party has notified the non-moving party ofthe filing of this Motion by her attorney. Date: \0--\7-0.>' &:-~ ~d~ Clinton T. Barkdoll, Esquire Attorney for Defendant GENERAL POWER OF AGENCY / ATTORNEY I, Benjamin F. Bitner of III Stonesthrow Lane, Raeford, North Carolina 28376, hereby designate my mother, Beverly J. Bitner, of Greencastle, pennsylvania, my Agent-in-Fact (hereinafter "agent") in my name and for my benefit with the direction that she may act severally such that she shall have the following general and specific powers: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA. C.S. CH. 56. IF THERE UNDERSTAND, YOU IT TO YOU. IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. 1. GENERAL GRANT OF POWERS. To exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the fol- lowing specifically enumerated powers. I grant to my agent full power and authority to do everything necessary in exercising any of the powers herein granted as full as I might or could do if per- sonally present, with full power of substitution or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this General Power of Agency and the powers herein granted. (A) POWERS OF COLLECTION AND PAYMENT. To forgive, request, demand, sue for, recover, collect, receive and hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds, government securities, government bonds (including but not limited to Series E, Series EE and Series H Bonds, treasury notes, treasury bonds, and all state and local municipal bonds), dividends, certificates of deposit, annuities, pensions, profit-sharing plans, retirement plans, Social Security, insurances and other contractual benefits and proceeds, all docu- ments of title, all property and property rights, real or personal, tangible or intangible, and demands whatsoever, liquidated or unliquidated, now or hereafter owned by or due, owing, payable or belonging to me or in which I have or may acquire hereafter an interest; to have, sue and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof; to adjust, sell, compromise and agree for the same; and to execute and deliver for me, on my behalf and in my name, all endorsements, releases, receipts or other sufficient discharges for the same. (B) POWER TO ACQUIRE AND SELL. To acquire, purchase, exchange, grant options to sell, and convey real or personal prop- erty, tangible or intangible, or interests therein; to buy and sell securities and equities on such terms and conditions as my agent shall deem proper, and to hold securities in nominee registration and to deposit securities in a clearing corporation; and to buy, sell or transfer stocks, bonds and other equities. (C) MANAGEMENT POWERS. To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal wi th any real or personal property, tangible or intangible, or with any interest therein, that I now own or may hereafter acquire, in my name and for my benefit upon such terms and conditions as my agent shall deem proper. (D) BANKING POWERS. To make, receive and endorse checks c and drafts, deposit and wi thdraw funds, and acquire and redeem cer- tificates of deposit in banks, savings and loan associations and other institutions, and execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted. (E) MOTOR VEHICLES. To apply for a Certificate of Title upon, and endorse and transfer title thereto for any automobile, truck, pickup, van, motorcycle or other motor vehicle, and to rep- resent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment. (F) BUSINESS INTERESTS. To conduct or participate in any lawful business of whatever nature on my behalf and in my name; to execute partnership agreements and amendments thereto; to incor- porate, reorganize, merge, consolidate, recapitalize, sell, liqui- date or dissolve any business; to elect to employ officers, direc- tors and agents; to carry out the provisions of any agreement for the sale of any business interest or the stock therein; and to exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options. (G) TAX POWERS. To prepare, sign and file joint or sep- arate income tax returns or declarations of estimated tax for any year or years; to prepare, sign and file gift tax returns with respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift-splitting provisions or other tax election; and to prepare, sign and file any claims for refund of any tax. (H) SAFE DEPOSIT BOXES. To have access at any time to any safe deposit box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my agent to exercise this power. (I) GIFTS, DISCLAIMERS AND ELECTIONS. To make limited gifts; to create a trust for my benefit; to make additions to an existing trust for my benefit; to claim an elective share of the estate of my deceased spouse (if a person, persons or institution other than my spouse has been named my agent); to disclaim any interest in property; to renounce fiduciary positions; and to with- draw and receive the income or corpus of a trust. 3 (J) MEDICAL TREATMENT AND NURSING HOME CARE. To author- ize my admission to a medical, nursing, resi.dential or similar facility; to enter into agreements for my care; and to authorize medical treatment and surgical procedures. (K) PHYSICIAN'S STATEMENT OF INCAPACITY. In the event my alternate agent(s) has/have reason to believe that I am incapable of conducing any personal and/or financial affairs, and that my first-appointed agent is unable or unwilling to act as my agent, I direct that my alternate agent(s) consult with my treating doctor and my first-appointed agent's treating doctor as to my medical and mental condition. If there is unanimous agreement among my alternate agent(s) and the doctor(s) that both my first-appointed agent and I have become incapacitated and that we are incapable of conducting our personal and/or financial affairs, I authorize my alternate agent(s) to make arrangements for my care and to expend any and all sums from my estate pursuant to this Power of Attorney necessary to that end and to have all powers recited in this general Power of Attorney; provided, however, that this Power of Attorney will only become effective upon the doctor(s) executing and delivery to my alternate agent (s) an acknowledged statement that my first-appointed agent has predeceased me, my treating physician's acknowledged statement need only address my condition and state that I am unable to handle my personal and/or financial affairs in order to have this Power of Attorney become effective as to my alternate agent. The doctor's(s') acknowledged statement shall be suitable for recording and shall be presented to any persons relying upon this Power of Attorney, and no person who may act in reliance upon this paragraph or the authority granted to my alternate agent(s) shall incur any liability to me or my estate as a result of permitting my alternate agent(s) to exercise any power hereunder. 2. PRIVACY PRACTICES. You have the following rights with respect to your protected health information, which you can exercise by presenting a written request to the Privacy Officer: . The right to request restriction on certain uses and disclosures of protected health information, including those related to disclosures to family members, other relatives, close personal friends, or any other person identified by you. We are, however, not required to agree to a requested restriction. If we do agree to a restriction, we must abide by it unless you agree in writing to remove it. . The right to reasonably request to receive confidential 1, communication of protected health information from us by the alternatives means or at alternative locations. . The right to inspect and copy your protected health information. . The right to amend your protected health information. . The right to receive an accounting of disclosures of protected health information. 3. INTERPRETATION AND GOVERNMENT LAW. This instrument is to be construed and interpreted as a general Power of Attorney. The enumeration of specific powers herein is not intended to, nor does it, 1 imi t or restrict the general powers herein granted to my agent. The laws of the Commonwealth of Pennsylvania shall govern all questions as to the validity of this instrument and the con- struction of its provisions. 4. THIRD-PARTY RELIANCE. Third parties may rely upon the representations of my agent as to all matters for which power is granted to my agent, and no person who may act in reliance upon the representation of my agent, or the authority granted to my agent, shall incur any liability to me or my estate as a result of per- mitting my agent to exercise any power. 5. DISABILITY OF PRINCIPAL. This General Power of Agency shall not be affected by my subsequent disability or incompetency. IN WITNESS WHEREOF, I execute this General Power of Agency and I direct that copies of this Power shall have the same force and effect as an original. This General Power of Agency is dated , 2005. WITNESS: <<-p~ F".. r.~_~ 5 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN On this /9'-n, day of ;VIAll I 2005, before me, a Notary Public, personally appeared Benjamin F. Bitner, known to me (or satisfactorily proven) to be the person whose name is sub- scribed to the wi thin instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. JUSTIN M. FITZGERALD US ARMY NOTARY i1TLE 10 use 1044A ~ Notary Public G I, , have read the attached power of attorney/agent and am the person identified as the agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 20 Pa. e.s. when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. \~1,.(I~ ~ ,~ef.-d7t.L() Beverly . Bitner, Agent J ,.~ 7,. :J-t1t3,~ Da--t'Ce. ' ? IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA - CUMBERLAND COUNTY lody 1. Bitner, PlaintifflRespondant Civil Action - Law v. F.R. No. 2004-4115 Benjamin F. Bitner, DefendantIPlaintiff In Divorce a.V.m. NOTICE TO THE PLAINTIFFIRESPONDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served upon you or the statements will be deemed to have been admitted. DEFENDANTIPETITIONER'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in or about 9-29-03 , and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievable broken. 3. 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. 4. I veritY that the statements bade in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. Date: /-.'';'? 1;/1'5 'il3LtIt;t-l ~ -&~.I PC' ,It. i:~/ . ... I . '':1Av>=-v -;;J',- ~,!;:::e J Benjaml F. BItner 0 . _._..n ,_-I ,_.. " . c IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY lody 1. Bitner, Plaintiff Civil Action - Law v. F.R. No. 2004-4115 Benjamin F. Bitner, Defendant In Divorce a.v.m. ORDER APPOINTING MASTER NOW, this ,1 1--day of ~--;--2005,h~!Lt1....-f::. , 1 /' '. C.luh~ Esquire, is appointed Master with respect to the following claims: Divorce, Alimony, Alimony Pendente Lite, and Distribution of Property. By the Court, . /20 ,,:;/ t",/,Y /, t J. ' MovinfJ Partv: Non-Movinf! Partv: N~Benjamin F. Bitner ~orney's Name: Clinton Barkdoll, Esquire Attorney's Address: 9 East Main Street Waynesboro, Pennsylvania 17268 Attorney's Telephone: 717-762-3374 Attorney's E-Mail: c1int@kullaIaw.com ~~~ ( ,rj; \\,0 N~ lody 1. Bitner ..,Atorney's Name: Michael A. Scherer, Esquire Attorney's Address: 19 West South Street Carlisle, Pennsylvania 17013 Attorney's Telephone: 717-249-6873 Attorney's E-Mail: mscherer@obslaw.com <1' ?::_ \.I" ';:'l. i?'> v::: "Q ~ "U'[1 (>" ~".,->, 't~-Y::::Q /' -- \ Q- ,.9- ~ 1>--~~ ~ ...... {k 'b ~ %4,; <> -"(...)'r.:-t C)~ ,.-,,);? N'fJ. :~ r;h'b.-- ~ '6 " JODY L. BITNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-4115 I I Ii 'I I' I il Ii I I II I II V. BENJAMIN F. BITNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on August 19, 2004. 2. The marriage ofthe Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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.SA 94904 relating to unsworn falsification to authorities. - Date: April 7, 2006 ~ ( _ ~(;bv- . J L. Bitner - . c: "> _.~ -1 ('- C~) Jody L Bitner, : Civil Action - Law Plaintiff/Respondant v. :~No. 2004-4115 Benjamin F. Bitner, DefendantJPlaintiff In Divorce a. v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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.SA S 4904, relating to unsworn falsification to authorities. Date l'i lIV'r J ft t.~., '-,1 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Jody L Bitner, Civil Action - Law Plaintiff/Respondant v. : ~o. 2004-4115 Benjamin F. Bitner, Defendant/Plaintiff In Divorce a. v.m. AFFIDA VlT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 19.2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 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. 5. 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.SA ~ 4904, relating to unsworn falsification to authorities. Datel)llfr06 Benjamin F. Bit er IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY ,j~:t l .~ JODY L. BITNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004--4115 v. BENJAMIN F. BITNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION TO VACATE MASTER'S APPOINTMENT II II I, II Ii I I I , I I I 1. Movant is Michael A. Scherer, Esquire, attorney for Plaintiff in the above- captioned matter. 2. On or about November 1, 2005, the Honorable Edgar B. Bayley appointed E. Robert Elicker, II as Divorce Master. 3. Subsequent to Master's appointment, the parties negotiated a settlement. WHEREFORE, Movant respectfully requests that the Master's appointment be vacated. By Respectfully submitted, O'BRIEN, BARIC & SCHERER 11(4~ Michael A. Scherer, Esquire Attorney for Plaintiff I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I I (' {:'~ JODY L. BITNER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 4115 CIVIL BENJAMIN F. BITNER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this "' .,J iJ" day of '-111~ ~ 2006, the economic claims raised in the proceedings having been resolved in accordance with a property and separation agreement dated April 1, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BQ?/J1~ cc: ~nton Barkdoll Attorney for Plaintiff ~chael A. Scherer Attorney for Defendant CO€lEgG. 0. Il3ffElF, P.J. ~ ., I PROPERTY AND SEPARATION AGREEMENT BY AND BETWEEN Jody L. Bitner AND Benjamin F. Bitner Kulla, Barkdoll, Ullman and Painter, P. C. Clinton Barkdoll, Esq. 9 East Main Street Waynesboro, PA 17268-2622 Phone: (717) 762-3374 PROPERTY AND SEPARATION AGREEMENT !,.~ THIS AGREEMENT, made and entered into this 1.- day of April 2006, by and between Jody L. Bitner, hereinafter referred to as Wife, and Benjamin F. Bitner, hereinafter referred to as Husband, witnesseth that: WHEREAS, the parties hereto are Husband and Wife, having been married on or about March 9,2000, at Greencastie, P A, and having separated on or about September 29,2003; and WHEREAS, the parties hereto have ceased to cohabit together as Husband and Wife; and WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and accurately knows the size, degree and extent of the estate and income of Wife; and WHEREAS, in the negotiations leading to and in the execution of this Agreement, each of the parties hereto have been represented by legal counsel and are aware of their respective legal rights, Wife having been represented by Michael Scherer, Esquire and Husband having been represented by Clinton Barkdoll, Esquire; and WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation, and wish to live sepa- rate and apart, and wish to enter into this Property and Separation Agreement; NOW, THEREFORE, in consideration of the promises and mutual undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: 1. SEPARATION. The parties may and shall continue to live apart for the rest of their lives. Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Each may, for his or her separate benefit, engage in any employment, business or profession he or she may choose. 2. MUTUAL ESTATE WAIVER. It is the intention of the parties hereto that, from and after the date of this Agreement, neither party shall have any spouse's rights in the property or estate of the other and to that end both waive, relinquish and forebear their rights of dower or curtesy, right to inherit, rights to claim or take a Husband's or Wife's or family I exemption or allowance, to be vested with Letters of Administration or Letters Testamentary, and to take against any Will of the other. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer and/or encumber any and all real estate and personal property which either of them now or hereafter owns or possesses and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given become necessary, the right and power to appoint one or more times any person or persons whom Husband and Wife shall designate to be the Attorney-In-Fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waive any right of election contained in Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code. 3. DEBTS. Except as otherwise herein expressly provided, the parties hereto shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. 4. PERSONAL PROPERTY. The parties make the following disposition and settlement with respect to their personal property: (A) All the furniture, furnishings, household goods and appliances, fixtures and appurtenances, books and work of art, and other items of personal property (except only the items enumerated in Subsection (B) next following) presently located in the home formerly occupied by the parties and now occupied by Wife shall constitute the sole and exclusive property of Wife as to which property Husband hereby transfers all of his right, title and interest therein to Wife. Within 10 days of signing this Agreement, Wife shall return the following items of non-marital personal property to Husband and/or Husband's designated agent: misc. personal photographs, Glock 17 pistol, digital and video camera, 5 gallon crock, sewing machine, and the family Bible. (B) Except as otherwise hereinabove provided, each of the parties shall hereafter own, have and enjoy, independently of any claim or right of the other party, all items of personal property, tangible and intangible, now or hereafter belonging to him or her and now or hereafter in his or her possession, with full power to him or her to dispose ofthe same as fully and effectually, in all respects and for all purposes, as though he or she 2 were unmarried. As to all such property, each party transfers all of his or her right, title and interest therein to the other, respectively. 5. REAL PROPERTY. The parties hereto acknowledge and agree that they jointly own certain real estate located at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania. For and in consideration of the mutual covenants contained within the body of this Agreement, Wife shall maintain sole possession and ownership of said real estate. Within 60 days of signing this Agreement, Wife shall accomplish a refinancing of the real estate in order to remove Husband's name from the associated deed and mortgage to the property. In the event Wife does not refinance the property within 60 days of signing this Agreement, then the property shall be listed for sale, with all proceeds from same to be equally divided between the parties. Husband shall cooperate in signing all necessary documents to effectuate Wife's refinancing. At or prior to the time of Wife's refinancing settlement, Wife shall pay to Husband a lump sum of$12,000 (twelve thousand dollars), as settlement for Husband's share of the marital estate. Wife's refinancing settlement may contain a three day recession period, in which case, Husband shall be paid at the expiration of the recission period. At or prior to the time of Wife's refinancing settlement, Husband shall pay any support arrearages due and owing to Wife. Said payment shall be either deducted from Husband's $12,000 payment, or via Husband evidencing a direct payment to P A SCDU. Cumberland County Domestic Relations shall verify Husband's account balance for the day of Wife's refinancing settlement. The parties further acknowledge that Husband owned real estat at 3658 Wayne Road, Chambersburg, P A, which property he sold and settlement occurred on November 22, 2005. Each party shall keep as his or her separate property the proceeds they received from the sale of the Wayne Road property. 6. DIVORCE. Wife has commenced an action for Divorce from Husband pursuant to Section 3301 (c) of the Pennsylvania Divorce Code (Irretrievable Breakdown) by the filing of a Camp/oint in the Cumberland County Court of Common Pleas on August 19,2004. Both parties shall, at the request of either party to this Agreement, furnish the requesting party or his or her attorney with an Affidavit evidencing that each of them consents to the Divorce. It is further agreed and understood that any Decree in Divorce issuing in this matter shall reflect the fact that Wife has borne the costs of same in her individual capacity. (A) Each of the parties agrees that this Agreement represents a complete and final Agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 401 (Equitable Distribution) of the Pennsylvania Divorce Code, Act No. 1980-26. (B) This Agreement may be offered in evidence in the action for Divorce and may be incorporated by reference in the Decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the Decree but shall survive the same and shall be binding on the parties for all time. 3 (C) Husband has filed an action to address the divorce and equitable distribution with the Cumberland County Master in Divorce. Upon execution of this Agreement, and upon Wife's refinancing settlement, Husband shall take action to vacate the appointment of the Master. 7. ALIMONY PENDENTE LITE. ALIMONY AND SPOUSAL SUPPORT. Husband and Wife 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 Divorce, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 8. PENSIONS. PROFIT-SHARING PLANS AND/OR RETIREMENT PLANS. Husband and Wife do hereby waive, release and give up any rights they may respectively have against each other's pension, profit sharing and/or retirement plans. 9. MOTOR VEHICLES. N/A 10. STOCKS. BONDS AND INVESTMENTS. N/A 11. BANK ACCOUNTS. For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 12. EQUITABLE DISTRIBUTION QF PROPERTY. By this Agreement, the parties have intended to effect an equitable distribution of their marital property. The parties have determined that an equitable distribution of such property conforms to a just and right standard with due regard to the rights of Husband and Wife. The distribution of existing marital property is not intended by the parties to constitute, in any way, a sale or exchange of assets, and the distribution is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 13. 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, effect and operation. Likewise, the failure of any party to meet his or her 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. 14. APPLICABLE LAW. This Agreement shall be governed by the laws of the 4 Commonwealth of Pennsylvania. 15. MODIFICATION AND WAIVER. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 16. BANKRUPTCY. The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any Bankruptcy Court should discharge a party of accrued obligations to the other party, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 17. INCOME TAX PRIOR RETURNS. The parties have hereto filed joint Federal, state and local income tax returns. Husband and Wife 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 Husband and Wife by reason of their having joined in filing of said joint returns, Husband and Wife further agree that any such tax deficiency or assessment and any interest, penalty, and expenses incurred in connection therewith, and such tax, interest, penalty or expense shall be equally divided between Husband and Wife, unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Husband's and/or Wife's separate income on the aforesaid joint returns. The party responsible for said misrepresentation or failure to disclose shall be solely and entirely responsible for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense. 18. RECONCILIATION. The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed Agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation which action, if not consummated by the aforesaid Agreement, shall not affect in any way the legal effect of this Property and Separation Agreement or cause any new marital rights or obligations to accrue. 19. ENFORCEABILITY AND CONSIDERATION. This Agreement shall survive any action for Divorce and Decree of Divorce and shall forever be binding and conclusive on the parties, and independent legal action may be brought to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Consideration for this contract and Agreement is found in the mutual benefit to be obtained by both parties hereto and in the covenants and agreements of each of the parties to the other. The adequacy of the consideration for the mutual undertakings herein set forth is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 5 20. DUTY TO EFFECTUATE AGREEMENT. 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 assurances that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. In addition, the parties hereto agree that within ten (10) days of the date of submission by the other party, either party shall sign any document necessary for the completion and effectuation of the terms of this Agreement. Any costs, including attorney fees, necessitated by enforcement of this Agreement shall be borne by the party refusing to honor the terms and conditions of this Agreement. 21. NOTICES. Any and all notices given hereunder shall be in writing and shall be sent by Certified Mail, Return Receipt Requested: (A) To Husband - clo Clinton Barkdoll, Esq. 9 E. Main St. Waynesboro, PA 17268 (B) To Wife - clo Michael Scherer, Esq. 19 W. South St. Carlisle, P A 17013 22. WHOLE AGREEMENT. This Agreement constitutes the entire understanding of the parties; it supersedes any and all prior Agreements between them. There are no representations or warranties other than those expressly set forth herein. 23. CAPTIONS. The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement nor in any way affect this Agreement. 24. SUBSEOUENTL Y DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE. Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this Agreement's equitable distribution of marital property. However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. FURTHER, the parties hereto covenant and agree that this Agreement shall extend to and be binding upon the heirs, devisees, executors, administrators, personal representatives and assigns of both and each ofthe parties hereto. 6 FURTHER, the parties hereto state that, in the procurement and execution of this Agreement, neither he nor she has been subjected to any fraud, concealment, overreaching, imposition, coercion or other unfair dealing on the part of the other party or on the part of the other party's counsel. IN WITNESS WHEREOF, the parties hereto set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: ~~II\' ~ fJJ-~ dttJ ~~- . -,iY:~ od . . er 7 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF Cumberland On this 7f}:, day of A rn I Jody L. Bitner, known to me (or satisfactorily proven) to be the person whose name is subscribed 2006, before me, a Notary Public, personally appeared to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. P>~dl (}.LoI,,,,,- COMMONWEALTH OF p.EN}rs':L'''Aj~lA COUNTY OF Fraakti:I~- u, '" he r I" ;- J tJfiM-W ~ cf&[(PG Notary Public COMMONWEALTH 01 PLNNSYLVANIA ss Notarial Seal Amanda L. Fisher, Notary Puhlic Carlisle Boro, Cumberland County My Commission Fxpi!'~s ^pr. 17.2006 Member, Dpr.-.'o"i' . '-'--',";nr. "I '\!i'1t8rif'~. On this --1 day of~ 2006, before me, a Notary Public, personally appeared Benjamin F. Bitner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ::?J,.,.. /J -H-7/A'Y Notary Public CtJ/Yl"':J.J,D,) l;ttl'~'" .5"f'fO'l.:itJt.!:; 0 1"--' U {-~ ~ c::::-:l ," (J" ---I "'1.' , ~".;. ::c..,"j rP " :)~,-. \11i'':".:'-- ~ ~. ':';r , .....,rn ::~) I .) C) U' . ~") r--'" -....1 1..) / " ;:'.:;; -,.:... ~;~ C-' :.;.: jf~ ;S ,..u, en C ..~~ ~J ,"':,JIo '- :-..:J -- 1'0 .-< , I JODY L. BITNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-4115 V. BENJAMIN F. BITNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD I I !I II II I I ,I II '! II Ii II II !I I I II II II II , TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c)of the Divorce Code. 2. Date and manner of service of the Complaint: An Acceptance of Service was signed by the attorney for Defendant, Clinton T. Barkdoll, on August 21, 2004. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on April 7, 2006; and Defendant on April 15, 2006. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, ~~ Michael A. Scherer, Esquire (') s- 'tJ,'[' !:pC" ...- :.\' <~- ( S? .r~: 3; . :fi~~ .=2 ,,~ "'" ",-, ""'- ~ -<: , 'oIl :t_ -:<- -. () -,., --I :r:..,., !11;=:, '^r,fI'i "(lC '~!f? '-'C-. ':'rM :':~; J,.~ :.0 -<: 9" -::--- /'-..' ,.;'f. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if.if.if.if. if. if. if. if. if. if. if. if. if. if. if.if.if.if.if.if.if.if.if.if.if.if.if.if.if.~ if. if. if. if. if. if. if. if. if. if. if. if. if. if. ifi if. ifi if. ifi if. if. ifi if. if. if. if.ifi if. if. if.if. if. if. if.ifi if. if. if. if.if.ifiif. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JODY L. BITNER, Plaintiff NO. CIVIL 2004 - 4115 VERSUS BENJAMIN F. BITNER, Defendant DECREE IN DIVORCE AND NOW,~~ <\ ~, IT IS ORDERED AND DECREED THAT JODY L. BITNER , PLAI NTI FF, AND BENJAMIN F. BITNER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; ~ The parties' Property and Separation Agreement dated April 1, 2006, is incorporated, s a final Order ROTHONOTARY ifi ifiifiifiifiifiif. if.ifiif.if.if.if.ifiif.ifiif.if.ifiif.ifiif.if.if.if.if. if.if.if.if. if. if.if.if. if.if. J. ~ ~ 2' ~ ~14 'V. Qf,,? ~ p..;t ~ ~el . pp '7t?- ()/5' ., , ~ . .,.' . . ~ .." .. ., .,Ij _ 'l, 'f . ' '- . ;..~~",::~