HomeMy WebLinkAbout05-6711LESLIE BITNER,
Plaintiff
V5.
RODGER BITNER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2005- 6,711 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
will proceed without you and a decree in divorce or annulment may 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 or 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 First Floor, Cumberland County Courthouse, South Hanover Street,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
LESLIE BITNER,
Plaintiff
V.
RODGER BITNER,
Defendant
IN DIVORCE
CIVIL ACTION - LAW
COMPLAINT IN DIVORCE UNDER SECTION 3301 C OR 3301 D OF THE
DIVORCE CODE
AND NOW comes Leslie Bitner, plaintiff herein, by and through her attorney, Jacqueline M.
Verney, Esquire, and represents the following:
1. Plaintiff is Leslie Bitner, an adult individual, currently residing at 78 Winchester Gardens,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Rodger Bitner, an adult individual, currently residing at 124 Channel Drive,
Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on November 23, 1985 in Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
Having been so advised Plaintiff does not desire the Court to order counseling.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005- 4 711
7. This marriage is irretrievably broken.
WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce.
Respectfully submitted,
cq ine M. Verney, Esquire
Supreme Cc. ID. 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing divorce complaint are true and correct.
I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date Leslie Bitnez, Plaintiff
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LESLIE BITNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
: NO. 2005-06711 CIVIL TERM
RODGER BITNER,
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1930.4 (c)
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and
says that she is the attorney for plaintiff, Leslie Bitner, and that she did serve a true and
correct copy of the divorce Complaint that was filed in the above matter, by U.S. mail,
postage prepaid, certified with restricted delivery, return receipt requested, unto the
defendant, Rodger Bitner, on December 24, 2005. The receipt form is attached hereto as
EXHIBIT "A".
ac q,line M. Verney, Esquire #231
44 S. Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
Sworn to and subscribed before me this day of?9 N.LL 2005.
Notary Public
NOTRRIALfSE .
WLSM F. GSEZI., h Re,
My Cow Expires Ocl. 0, 2r
¦ Complete items 1, 2, and 3. Also complete /+ aN
hem 4 If Restricted Delivery is desired. 0 agent ?VJ4 '6 ¦ Pfint yourname and,Address on the reverse'- lti.Ll Addresses
so that we can return the card to you. . Recei by (PHA d Name) C. Date of Delivery
• Attach this card to the back of the mailplece, 7,,r-G
or on the front if space permits. /;.,I -I
D, is delivery address different from Rem 1? 0 Yes
1. Article Addressed to: If YES, enter delivery address below: 0 No
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4. Restricted Delivery? (Extra Feel ya
2. Article Number 98 2806
(Trensrer from serVke law 7003 1010 0001 11
PS Form 3811, August 2001 eoeipt 102595-02-114540
EXHIBIT "A"
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LESLIE BITNER, : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. NO. 0506711 CIVIL TERM
: CIVIL ACTION -LAW
RODGER BITNER,
Defendant.
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on December 22, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unworn falsification to authorities.
DATE:
Rodger ?Plher
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LESLIE BITNER, : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
RODGER BITNER,
Defendant.
: NO. 05-06711
: CIVIL ACTION -LAW
: IN DIVORCE
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.S. §4904 relating to unsworn falsification to authorities.
Dam: 2 006
Rodger Afiner
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LESLIE BITNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. NO. 2005-6711 CIVIL ACTION - LAW
RODGER BITNER, .
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on December 22, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
section 4904, relating to unworn falsification to authorities.
Date: S /6 7
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LESLIE BITNER,
Plaintiff
V.
RODGER BITNER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
: NO. 2005-6711 CIVIL ACTION - LAW
: IN DIVORCE
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.S. section 4904
relating to unsworn falsification to authorities.
Date: S-- 1 (0 v7 `
odg tner, Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
r PENNSYLVANIA
Let) I I -(- A, -1?), -?n -?-r
Plaintiff
Vs File No. OC)0 J^ - - `
D -e-f Lk) I•J t T n `t.(- IN DIVORCE
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/ defendant in the above matter,
(select one by marking `Yj
I/ prior to the entry of a Final Decree in Divorce,
or after the entry of a Final Decree in Divorce dazed ,
hereby elects to resume the prior surname of ? n q r a M and gives this
written notice avowing his / her intention pursuant the provisions of P.S. 744.
Date: ZId 7 C= r
Signature
Signature of name being resum
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LuIN.A(?,d-)
On the _I day of , 2003, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Cathy L. Youngblood, Notary Public
Lemoyne Boro, Cumberland County
My Commission Expires June 22, 2010
Member, Pennsylvania Association of Notaries
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Leslie Bitner,Now Known As IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA.
Leslie Ingram
Plaintiff
Rodger Bitner Vs. 2005-6711
Docket No.
Defendant
MOTION FOR APPOINTMENT OF MASTER
(Plaintiff) (Defendant), moves the court to appoint a master with
respect to the following claims:
(X) Divorce ( Distribution of Property
() Annulment ( ) Support
(y) Alimony (I Counsel Fees
( ) Alimony Pendente Lite ( Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims (s) for which the appointment of a master is
requested.
(2) The defendant (has) Raw-pot) appeared in the action (perky) (by his attorney,
P. Richard Wagner , Esquire).
(3) The Staturory ground (s) for divorce (is) (are)
3301 (D)
(4) Delete the inapplicable paragraph(s):
a. The action is not contested.
b. An agreement has been reached with respect to the following claims:
c. The action is contested with respect to the following claims:
(5) The action (involves) (does not involve) complex issues of law or fact
(6) The hearing is expected to take 1
(7) Additional information, if any, relevant to
?) (days).
the motion:
Date: 2 14, ' V
io:?? for (Plaintiff)
Print Attorney Name ......... Jacqueline M. Verney
ORDER APPOINTING MASTER
AND NOW, , 20 Esquire
is appointed master with respect to the following claims:
By the Court:
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LESLIE BITNER, now known as
LESLIE INGRAM
Petitioner/Plaintiff
VS.
RODGER BITNER,
Respondent/Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005- 6711 CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR ECONOMIC RELIEF
AND NOW, this day of February, 2008, comes the Plaintiff/Petitioner, Leslie
Bitner, now known as, Leslie Ingram, by and through her attorney, Jacqueline M. Verney,
Esquire, and makes the following Petition for Economic Relief against Defendant/Respondent,
Rodger Bitner, as follows:
1. The petitioner is Leslie Bitner, now known as Leslie Ingram, who is the Plaintiff
in the above-captioned divorce action. Her address is 10 Echo Park Road, Warwick,
Massachusetts, 01378.
2. The Respondent is Rodger Bitner who is the Defendant in the above captioned
divorce action. It is believed his address is 124 Channel Drive, Carlisle, PA 17013.
3. The Petitioner seeks the following relief from the Court:
A. Equitable distribution of the marital assets;
B. Alimony;
C. Costs and expenses; and
D. Counsel fees.
WHEREFORE, the Petitioner, Leslie Bitner, now known as Leslie Ingram, requests the
relief set forth above.
Respectfully submitted,
acq line A Verney, Esquire #23467
44 S. Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff/Petitioner
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CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the
attached was served upon the following by placing the same in the United States mail,
postage prepaid, on the date indicated:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17102
Date
acq ine M. Verney, Esquire #23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
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LESLIE BITNER,
Plaintiff
VS.
RODGER BITNER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-6711 CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO RESUME PRIOR NAME
Notice is hereby given that the Plaintiff in the above matter, hereby intends to
resume and hereafter use the previous name of Leslie Ingram and gives this written notice
avowing her intention in accordance with applicable law.
STATE OF ?IN?»avh??'r
COUNTY OF ?a q-') 07y-,
Leslie Bitner
To be known as:
eslie Ingram
: ss
On the 21,7i' day of ??' 2008, before me, a notary public, personally
appeared Leslie Bitner (formerly known as Leslie Ingram), known to me to be the person
whose name is subscribed to the within document and acknowledged that she executed
the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Notary Public
itk OFFICIAL SEAL
SSM
NOTARY PUBLIC
ALEXANDRA S. FLANDERS !
?.n+ of W&90njIsM:
My COIIMn. E?ires Mey 9, 2014
CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the
attached was served upon the following by placing the same in the United States mail,
postage prepaid, on the date indicated:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17102
Date 2
Jac eline M. Verney, Esquire 43167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
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Leslie Bitner,Now Known As
Leslie Ingram
Plaintiff
Rodger Bitner
Vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 2005-6711
Defendant
MOTION FOR APPOINTMENT OF MASTER
(Plaintiff) (Defendant), moves the court to appoint a master with
respect to the following claims:
Divorce ( Distribution of Property
() Annulment () Support
(y) Alimony ( Counsel Fees
( ) Alimony Pendente Lite (j Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims (s) for which the appointment of a master is
requested.
(2) The defendant (has) ( •?e#) appeared in the action (persomg4y) (by his attorney,
P. Richard Wagner , Esquire).
(3) The Staturory ground (s) for divorce (is) (are)
3301 (D)
(4) Delete the inapplicable paragraph(s):
a. The action is not contested.
b. An agreement has been reached with respect to the following claims:
c. The action is contested with respect to the following claims:
(5) The action (involves) (does not involve) complex issues of law or fact
(6) The hearing is expected to take 1 (ketrg) (days).
(7) Additional information, if any, relevant to the motion:
Date: 2 ' 7-08" A
,KttorlWy for (Plaintiff) (?)
Print Attorney Name ......... Jacqueline M. Verney
ORDER APPOINTIN MAST R
AND NOW, Jd" 07 , 20_D Esquire
is appointed master with res t to the following claims: &a, tea( a
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LESLIE BITNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. NO. 2005-6711 CIVIL ACTION - LAIY _ ,
RODGER BITNER M
Defendant IN DIVORCE
co
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on December 22, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
section 4904, relating to unsworn falsification to authorities.
Date: 2 I a ?-( 11
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eslie Bitner, Plaintiff
LESLIE BITNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYL Nt* Wa
V.
NO. 2005-6711 CIVIL ACTION - LAW?
RODGER BITNER,
Defendant IN DIVORCE' -L,
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. 1 understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
Date: c2- IaJ-'l
Leslie Bitner, Plaintiff
LESLIE BITNER, n/k/a
LESLIE INGRAM
Plaintiff
VS.
RODGER BITNER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-6711 CIVIL ACTION - LAV0,1-
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IN DIVORCEE`
MARITAL PROPERTY AND SETTLEMENT AGREEMENT
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This Agreement, made and entered into this Zq day of F>-Oc? 2011,
between Leslie Bitner, n/k/a Leslie Ingram, hereinafter referred to as "Wife," and Rodger Bitner,
hereinafter referred to as "Husband."
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to
each other on November 23, 1985 in Pennsylvania; and,
WHEREAS, a Complaint in Divorce was filed in the Cumberland County Court of
Common Pleas at No. 2005-6711 on December 22, 2005; and,
WHEREAS, certain differences have arisen by and between the parties as a result of which
they have now separated and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligation as between each other including, without
limitation by specification: the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of all matters between them
relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or
of Husband by Wife; and in general, the settling of any and all claims and possible claims by one
against the other or against their respective estates; 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 that may and will ensue from the
execution hereof, and each has had the opportunity to consult with his or her own competent legal
counsel independent of each other; and,
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each
has fully and completely disclosed all information of a financial nature requested by the other, and
that no information of such nature has been subject to distortion or in any manner being
misrepresented; and
WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all
of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or
inchoate, in and to the real and personal property of the Husband, now owned by him or which in
the future may be owned by him, and all rights to counsel fees, or expenses and other than as set
forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or
surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and
2
personal estate of the Wife, currently owned by her or which she may own in the future;
NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby
mutually agree as follows:
1. Advice of Counsel. Husband and Wife acknowledge that they have been given the
opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their
legal effect in advance of the date set forth above to permit such independent review. Each party
acknowledges that he or she has had the opportunity to receive independent legal advice from
counsel of his or her selection, and that each fully understands the facts and has been fully informed
as to his or her legal rights and obligation, and each party acknowledges and accepts that this
Agreement is, and under the circumstances, fair and equitable, after having the opportunity to
receive such advice and with such knowledge, and that execution of this Agreement is not the result
of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges
that he or she has had the opportunity to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all
marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution
of all marital property or property owned or possessed individually by the other, counsel fees and
costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his
or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and
3
waives his or her respective right to have the Court of Common Pleas of Cumberland County, or
any other court of competent jurisdiction, make any determination or order effecting the respective
parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital
property, counsel fees and costs of litigation.
2. Separation. Husband and Wife do hereby mutually agree and consent to live
separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times
hereafter to live separate and apart from each other, and to reside, from time to time, at such place
or places as they respectfully shall deem fit, free from any control or restraint or interference, direct
or indirect, by each other.
3. No Molestation, Harassment or Interference. Neither party shall molest, harass
or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him
or her by any means whatsoever.
4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth
herein, in which event such express provision shall take precedence over this paragraph, the parties
hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights
in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the
rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family
exemption or allowance, to be vested with letters of administration or letters testamentary, or to
take against any will of the other, and each agrees with the other if either should die intestate, his or
her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin,
excluding the other as though he or she had died a widow or widower. And each further agrees that
4
should the other die testate, his or her property shall descend to and vest in those persons set forth in
the other's Last Will and Testament as though the spouse so designated as beneficiary had
predeceased the testator. The parties further agree that they may and can hereafter, as though
unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real
estate and personal property which either of them now or hereafter own or possess and further agree
that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so.
The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of
this power hereby given be necessary, the right and the power to appoint one or more times any
person or persons whom the Husband or 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, quit
claims, 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 waives any right of election contained in Chapter 22
of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an
equitable distribution of married property ordered by the Court pursuant to Section 3502 of the
Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any
legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or
otherwise for the other, and to that end each of the parties hereto does hereby waive any right to
receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial
assistance whatsoever from the other, except as otherwise expressly provided for herein.
5. Division of Personal Property.
5
Except as set forth hereinafter, the parties agree that they have divided their personal
property including all household items, accounts, mutual funds and automobiles to their mutual
satisfaction. Each party agrees to execute whatever document is necessary to accomplish the intent
of this paragraph.
All personal property has been divided to the satisfaction of the parties. Both parties waive
any right, title, or interest to any personal property in the possession of the other party.
Upon the signing of this agreement, each party shall have the freedom of disposition as to
their separate property which is in their possession or control pursuant to this Agreement and may
mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or
personal, whether such property was acquired before, during or after marriage, and neither Husband
nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the
other pertaining to such disposition of property.
6. Real Property. The parties acknowledge that Husband is the owner of real estate
located at 124 Channel Drive, Carlisle, Cumberland County, Pennsylvania. Wife hereby agrees to
waive any right, title or interest in said property and will sign any and all documents or Deed
requested by Husband to relinquish any interest she may have in the property.
7. Payment to Wife. In exchange for Wife's waiver of any interest in all personal
property and interest and real estate located at 124 Channel Drive, Husband agrees to pay to Wife,
upon signing of this agreement, the sum of $30,000.00.
8. Debts. Husband and Wife acknowledge that they have no joint debt.
Husband and Wife shall be responsible for all other individual debt, including their
6
individual credit card debt.
9. Future Debts. The parties further agree that neither will incur any more future
debts for which the other may be held liable, and if either party incurs a debt for which the other
will be liable, that party incurring such debt will indemnify and hold the other harmless from any
and all liability thereof.
9. Spousal Support, Alimony and Alimony Pendente Lite. The parties hereby
waive any right either may have to receive Spousal Support, Alimony or Alimony Pendente Lite.
10. Pensions/Retirement. Husband hereby waives any right, title or interest in any
retirement, pension, IRA, or 401K that Wife has or may have an interest in. Wife hereby waives
any right, title or interest in any retirement, pension, IRA, or 401 K, including any military pension
that Husband has or may have an interest in.
11. Counsel fees. The parties shall be responsible for their respective counsel fees.
12. Divorce. The parties acknowledge their intention and agreement to proceed in an
action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their
marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either
party in any divorce action. The parties agree to execute any and all documents necessary for the
entry of a final divorce decree.
13. Breach. In the event that either party breaches any provision of this Marital Property
and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce
the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other
party. In the event of breach, the other party shall have the right, at his or her election, to sue for
damages for such breach or to seek such other and additional remedies as may be available to him
7
or her.
14. Enforcement. The parties agree that this marital settlement agreement or any part
or parts hereof may be enforced in any court of competent jurisdiction.
15. Applicable Law and Execution. The parties hereto agree that this marital
settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and
shall bind the parties hereto and their respective heirs, executors and assigns. This document shall
be executed as original and multiple copies.
16. The Entire Agreement. The parties acknowledge and agree that this marital
settlement agreement contains the entire understanding of the parties and supersedes any prior
agreement between them. There are no other representations, warranties, promises, covenants or
understandings between the parties other than those expressly set forth herein.
17. Incorporation and Judgment for Divorce. In the event that either Husband or
Wife at any time hereafter obtain a divorce in the action for divorce presently pending between
them, or otherwise, this agreement and all of its provisions shall be incorporated into any such
judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce,
shall retain the right to enforce the provisions and terms of this marital settlement agreement.
18. Additional Instruments.Each of the parties shall on demand or within a reasonable
period thereafter, execute and deliver any and all other documents and do or cause to be done any
other act or thing that may be necessary or desirable to effectuate the provisions and purposes of
this Agreement. If either party fails on demand to comply with this provision, that party shall pay
to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of
8
such failure.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
WITNESS: 4e?'?
Xeslhietner, n/k/a Leslie In ram
Rodge tner
LESLIE BITNER, n/k/a, THE COURT OF COMMON PLEAS OF
LESLIE INGRAM
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05 - 6711 CIVIL -r
RODGER BITNER,
Defendant IN DIVORCE
ORDER OF COURT .
AND NOW, this day of ,
2011, the economic claims raised in the proceedings having been
resolved in accordance with a marital property and settlement
agreement dated February 24, 2011, 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.
BY THE COURT,
z
cc: Jacqueline M. Verney
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
CoP' 3 ls?io?6
LESLIE BITNER, n/k/a LESLIE
INGRAM
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA.,
vs. CIVIL DIVISION =^
RODGER BITNER
NO. 2005-6711 CI - ER? µ
-Tr
f.e
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary: .'.,
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce:
Irretrievable breakdown under § (3301(c)) and
e.
(Strike out inapplicable section.)
2. Date and manner of service of the complaint:
CERTIFIED MAIL RETURN RECEIPT REQUESTED, RESTRICTED DELIVERY ON DECEMBER 24, 2005 .
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce code:
by plaintiff February 28, 2011 ; by defendant May 16, 2007
(b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the
respondent opposing party:
4. Related claims pending:
None
5. Complete either (a) or (b)
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached:
(b) Date plaintiff's Waiver of Notice was filed with the Prothonotary:
March 3, 2011
Date defendant's Waiver of Notice was filed with the Prothonotary:
May 16, 2007
Attorney for Plaintiff/Be€er 4mt-
IN THE COURT OF COMMON PLEAS OF
LESLIE BITNER, n/k/a LESLIE INGRAM : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DIVORCE DECREE
AND NOW, /?ld?c Li `9W , >2 O`/ it is ordered and decreed that
RODGER BITNER NO. 2005-6711
LESLIE BITNER, n/k/a LESLIE INGRAM
RODGER BITNER
bonds of matrimony.
plaintiff, and
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
The parties' Marital Settlement Agreement dated February 24, 2011 is
incorporated herein and the court has jurisdiction over no other claims.
By the Court,
Attest:
rrl cal Verney
op
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