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HomeMy WebLinkAbout94-06664 ~ I .f ~ j ~ I ~ I I ' -"", I ' . SHARON D. BIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-06664 TROY L. BIGLER, Defendant IN DIVORCE AND NOW, this (~" day of . , 1996, upon Motion of David P. Perkins, Esquire, allomey for Plain' f, the marital settlement agreement between the parties in the above maller dated September 6, 1996, being allached hereto, is hereby entered as an Order of Court and the tenus thereof are hereby incorporated into the Decree in Divorce entered contemporaneously herewith. J. MARK, WEIOLE AND fJEHKlN5 _ ATTORNEVS AT LAW - 126 EAST KING STHEE-r - 5HIPPENSnURG, P^ n2~H-1:I91 . . , SEPARATION AGREEMENT MADE this <O.}~ day of ,l~I'''''lr-rI\C1ER, 1996, by and between, Troy L. Bigler of 106 Airport Road, Shippensburg, Pennsylvania, hereinafter referred to as "Husband"; and Sharon D. Bigler, of 1355 Mainsvi11e Road, Shippensburg, Pennsylvania, hereinafter referred to as "Wife". WHEREAS, the parties hereto are Husband and Wife having been married on April 11, 1992; and WHEREAS, the parties intend to live separate and apart, and the parties are intending to seek a divorce; and WHEREAS the parties hereto have accumulated certain real and personal property throughout their marriage and wish to make a disposition thereof; and WHEREAS, each of the parties herein have been advised by independent legal counselor have that right to be advised by independent legal counsel as to the nature and effect of a separation agreement and wi",h said advice have determined that the following agreement is fair and reasonable and enter into the same with full knowledge of the extent of the estate of the other and their respective rightR. NOW THEREFORE, WITNESSETH, in consideration of the promise and mutual undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: 1. SEPARATION: The parties may 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 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, rights to inherit, rights to claim or take a husband or wife's or family exemption or allowance, to be vested with letters of administration or 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 andlor encumber or hereafter own or possess real or personal property and further agree that the recording of this agreement shall be conclusive evidence to all of his or her right to do so. j 1 TI H ~l il 1 i 5j . , I \1 And the said 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 doed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party 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 her~to further waive any right of election contained in Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code, or such right in this of any other jurisdiction. 3. DIVORCE: At such time as the parties are ready, Husband and Wife, shall complete a divorce and shall each bear all expenses connected therewith. 4. ATTORNEY'S FEES: Both of the parties shall bear their own attorney's fees in this matter, and both and each of the parties waive any claim against the other for any attorney's fees in this matter. 5. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COSTS, AND EXPENSES: The parties, for and in consideration of this agreement, do hereby waive, one from the other and one to the other, any and all rights they may have to alimony, alimony pendente lite, costs, expenses and support for eaoh other. Husband will not make any claim to any parental or other rights regarding Wife's son, Mitchell Troy Bigler. 6. PERSONAL PROPERTY: The parties each have in their possession such personal property, tangible and intangible, as they desire and such property shall from the date of this agreement be considered the separate property of the possessor. Wife agrees to sign title transfering her interest in a 1984 Oldsmobile to Husband. 7. PENSION RIGHTS: any pensions that either or otherwise. Each of the parties waive any claims to may have through his or her employment 8. REAL ESTATE: The parties own real property located at 1355 Mainsville Road, southampton Township, Franklin County, Pennsylvania. It is agreed that the property shall be listed for sale and upon the sale of the property, Husband shall receive the sum of $25,000.00 or 1/2 of the net profit of the sale, whichever is less. The calculation of net profit shall inc1udo the payment of a first mortgage to Valley Bank & Trust company, now Eastern Mortgage Services and a loan obligation secured by the real estate to owed to Errol Coy, Jr. and Shirley Coy. Wife shall be reimbursed for any and all real estate taxes paid beginning with the 1996 School Tax. 9. EQUITABLE DISTRIBUTION OF 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 martial estate. 10. DEFAULT: If either party fails in due performance of his or her obligations hereunder, the other party shall have the right, of his or her election, to sue for damages for a breach of this agreement, or to rescind the same and seek such legal remedies as may be available to him or her. Nothing herein contained shall be construed to restrict or impair either party's rights to exercise this election. 11. APPLICABLE LAW: This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 12. MODIFICATION AND WAIVER: No modification or waiver of any of the terms hereof shall be valid unless 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. 13. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by a 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 martial rights or obligations to accrue. 14. 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, an 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 to be found in this mutual benefit to be obtained by both parties hereto and 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 intend to be legally bound hereby. - . ACKNOWLEDGEMENT STATE OF PENNSYLVANIA :ss COUNTY OF CUMBERLAND : On this qj/'\ day of "C(p ,n/-- , 1996, before me, the undersigned otircer, personallY'appeared, Troy L. Bigler, known to me, (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing Agreement to be his act and deed, and desired the same to be recorded as such. IN WITNESS WHEREOF, I seal. hereunto set my official hand and fJw4;;liW2~ Notary Publ c My Commission Expires: NOrARlAL SEAl. =,=,IHOOP. NOTARY PUBLIC . Curnbefland County, PA Mr CORII1I, Dn...... f8bruarr I, 2000 r I ~, i , r r . f- t,' ..... <':1 C- ". . --~ .. ,~ Wr\ )"-) <-?, " ';~~ fl" ..:: ::., .", ~i\ ,j) 6.lt( ! :~.:; LJ. r;:!;c' ct... ",) L" ..~ :.J.. JL V: .. " '0 ..:J U Cil r..:.J '- \.0 tr, I..; .. .;..... U.I~:' - 1:.:: -. 0;' )::-;1 ..: ~ fE . '0 ':-J @~ '.'1 . U) ,. -' f .!:.; 0-" 0.. ii:J - , I.u !ti_ f- er. .i ", O,n U C' U :ef0 ( (j ~ '-q -( , - ~- V) (:.J .:-~... 0 \0 If) () :.;' '-.l (, ' lri \() r~ Cf.l Ul ~),,; C- Oo C-- - -- II) -- - (j- q .~ VI J -.u ~ ,j ~ Yl U . = .., . = ~ U tU .. u ",'" '" ~ ..J M " .... ::> :J Vi :2 >C .. < -;' .. U ';; 0.. M . >.~ 03 '" to, .. " .... = :E u ;:: ~ .. u :I: U 0 '" S CI. .. '" < 6 .... - - - = <( 1" '" !- u -( "" , -,'.. . .- '. .-. PATRICK ... I.AIIER. JR AlIorney at I.aw 21llM !o.hrkel Street '\/lcl,: lIullJinR Camr lIill. P'\ 17flll (717) 161-1 Mllll - . '- '. .. '., ., . !I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO~L/-(P((llP LI CIVIL 1994 CIVIL ACTION - LAW IN DIVORCE SHARON D. BIGLER, Plaintiff TROY L. BIGLER, Defendant NOTICB TO DB FEND 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 'i 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. I . i important to you, including custody or visitation of your children. il You may lose money or property or other rights When the ground for the divorce is indignities or , !! irretrievable breakdown of the marriage, you may request marriage " !i counseling. A list of marriage counselors is available in the i I: " " 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 PAPBR TO YOUR LAWYER AT ONCB. IF YOU DO , NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THB ': OFFICB SBT FORTH BELOW TO FIND OUT WHBRE YOU CAN GBT LEGAL HELP. COURT ADMINISTRATOR CUMBBRLAND COUNTY COURTHOUSB 1 COURTHOUSB SQUARE CARLISLE, PA 17013 (717) 697-0371 . .". , Ii II I !I I, SHARON BIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . I v. I NO. CIVIL 1994 I TORY L. BIGLER, I CIVIL ACTION - LAW Defendant I IN DIVORCE , , i II I I I' I and through her attorneys, The Law Offices of Patrick F. Lauer, I: I II I I I' i I COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, Sharon Bigler, by Jr., James K. Jones, Esquire, and makes the following Complaint in Divorce: 1. The Plaintiff, Sharon Bigler, is an adult individual who currently resides at 1355 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant, Troy L. Bigler, is an adult individual who i currently resides at 1355 Mainsville Road, Shippensburg, Cumberland I II County, Pennsylvania, 17257. II 3. The Plaintiff and the Defendant have been residents of the I Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on April 11, I , i ! 1992 in Cumberland County, Pennsylvania. i II , I of divorce or for 5. There have been no prior actions annulment between the parties. 6. The marriage is irretrievably broken. II 7. Plaintiff has been advised that counseling is available and i ~ :: that Plaintiff may have the right to request that the court require :! the parties to participate in counseling. . , . " " " " I 8. Ths Plaintiff requests the court to enter a decree in i i divorce. , I I i II II WHEREFORE, the Plaintiff requests this Court to enter a decree of Divorce in this mattsr. :1 " Ii I: II !/ 11 " I' ,I " I II d DATE I " II II II ,I il Ii !I Ii i , I , , I i! I , Respectfully submitted I k/J Jam/i . Jon:~ ,~ire Law/Office of Patrick F. 2108 Market Street Camp Hill, PA 17011 (717) 763-1800 Attorney for Plaintiff Lauer, Jr. II/II/It( ">- r-- t,-, ..:l i'~~ " '",r: n.'~" ~-~ . . elC .' \t::.J h'::' ";~ '~. (/) \, I;:) \ ~;; _1~ - r., ItiJ l.~." \..J~ 'U. r (,/; ,. .n oj C' C\ :..J Ii; r-. '- lr. t... ~~ , ~1 :!: <) ~.'" J.~ f: ,.~ ..'. c If" ...~ \~ .L~ 2'Jc '- 0 -(0 -~[ 12 IW i(;j _~JI ,,- 0:.1 u., ' ~ Q.. F- V; 1.\. '.11 ;i U Q") 0 " ..... ,... i:r. ...:: jS.' (:~ - Cl -. , .' '.' ~~' ; ~!~ ( rl fEr' ....- l~J ~( Co .It:)) " .~ \; - t.:.: (tt:: CI, :: t) lt~ !~1- ,- (.0, I: \(J .. (" t;.;.l (.1 " ., >- r-. -- u; It: .~ .. ).~ -, -- ~~: - ) ~. . ., -':-~ Ir' ':~::! - .., .; '-I ~( c, 'r,""1 cr. ~:' ....J# !:'...:-"l _I, ' 0, .;ia 0:" Lu ;u... f.'. (,i; :,j to. ,.., Cl a. U . " . .f . SHARON BIGLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-06664 TROY L. BIGLER, Defendant DIVORCE ACCEPTANCE OF SERVICE I accept scrvice of the Complaint in Divorce on bchalf of Troy L. Bigler, Defendant, and certifY that I am authorized to do so. Datc: Novembcr 29, 1994 J~C~L_ C-~ H. Anthony AdllJl1', P~ke Allorncy for Defendant 128 East King Strcet, Suite A Shippensburg,PA 17257 MARK, WEIGLE AND PERKINS - ATTORNEVS AT LAW - 126 EAST KINO STUEET _ SHIPPENSUURO, PA 172.5101397 iT. C') ~.. c: ~- .. , - k'j ~! - '\ ; .~ ': . , . If- "- '-. " ::J ~f . '~.. C ,'J ~, IJ~ (' I ~.:- I'L -, Etl! 0-, d(O lJ.' , ~ a.. ('. ....; u_ ,,) '] <.) en U .. .... " SHARON BIGLER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. NO, 94-06664 Civil Tenn TROY L. BIGLER. Defendant DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE OF COUNSEL To: Lawrence Welker, Plo[hontary Please withdmw my appearance as allomey for the plaintitT, Shnron Bigler, in favor of David P. Perkins, Esquire, Dated: .);'1' If 6 J'~'~~~ " PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL 'To: Lawrence Welker, Prothontary I ,Please enter my appearance on behalf of the plaintiff, Sharon Bigler. \ Dated: ' Au6l",:,ir ,:;I,.. I ~'lG" g~ C.C~ David P. Perkins, Allomey for Defendant Allomey J.D. #34342 MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 1410 EAST KINO 5TREET _ S'~IPPEN5DURO, PA 17251.13117 ~ i'i. Cl - t- .. . ',0( : 1,-_. r:-: ,"--'.1 r ~l , :l~~ ( ., " (;1 (;. " N h'~ rEI' (.:~ I~ [~ ::.:; ','I .....: t:> ...n ,J 0' <..) SHARON D. BIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-06664 TROY L. BIGLER, Defendant IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above maller, having been granted a Final Decree in Divorce from the bonds of matrimony on the 1'\ -bl- day of s".p""e...... b..("'" , 1996, hereby elects to retake and hereafter use her previous name of Sharon D. Knipp. To Be Known As: n41P~(;~. Jj,'dt:-) Sharon D. Bigler 0 a;i/J.tI./tt1VG ci Sharon D. Knipp )(IIt,I/J~ I I COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF CUMBERLAND Onthis,the ?~<6" day of ..s"p6Q\,"",b~r , 1996, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared Sharon D. Bigler, to be known as Sharon D, KJilpp, known to me (or satisfactorily proven) to be the person whose name is subscribed 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. w" '" ...-z r: (j. (-~~ (SEAL) Nolanal So.1 David p, Porkln.. Notary Public Shippen'burg BOlO. Cumbed.nd County My Commission e,pllo. Oct, 28. 1997 Mombcr, Pennsylvania Assoclallon 01 Nolane, MARK, WEIGLE AND PERKINS _ ATtORNeVS AT LAW - 126 EAST KING STREET - 51iIPPENSUURG, PA 17257.1397 ~ """ ~ ,>. o. ~ ~ it; _~J ~ i .:.~ ,( ). IIJ~-: ~~ "" .-..., \ c~;'. . , "- n....... i '" '\. ,.' ..,- 9,', -- '.=1 , ~ l.l (', , , 1" ~ Ll!' c.. 1;,1 u. L Ji....e- (.0, ,. 1,'-1 "~) , I,..