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HomeMy WebLinkAbout96-03478 , r;; ~. ">. j", I IlJ I \'; ,,. n , {," .,. " , ;-J <r'" ,"" ,-. "i , , ; " I~; , Ii I] .'J... J ) . CARL F. BOWSER, Plaintiff v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 96 - 3'f 78 CIVIL TERM I I CIVIL ACTION - IN DIVORCE I CHERYL A. BOWSER, Defendant NOTIOE TO DlllPmND AND CLA 1M RIGHTS You have been eued in court. If you wish to defend against the claims set forth in the following pages, you muat 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 lOBe 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 Courthouse, Carlisle, PA 17013. IN YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTEr YOU HAY 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. Co..\!.rt. Administrator Fourth Floor Cumberland County Courthouse Carlisle. PA 17013 Telephone: 17171 240-6200 r L \dlV\bQt..n.d"..... CARL F. BOWSBR, I IN THB COURT OF COMMON PLBAS OF Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I v. I NO. 96 - I CHBRYL A. BOWSBR, I CIVIL ACTION LAW Defendant I IN DIVORCB COMPLAINT 1. The Plaintiff in this action is Carl F. Bowser, an adult individual, who currently resides at 24-A Ross Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant in thie action is Cheryl A. Bowser, an adult individual, who currently rosides at 404 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on November 6, 1993, in Lower Allen Township, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- tl\.~.\bov..r.~rl\'-" AGREEMENT THIS AOREINEHT, made this ~ day of ~,~,.. , 1996, by and between CHERYL A. BOWSER, of cumberland County, Pennsylvania, (hereinafter referred to as "wife" I, and CARL F. BOWSER of York County, Pennsylvania, (hereinafter referred to as "Husband"), WIT N E SSE T III WHEREAB, Husband and Wife were lawfully married on November 6, 1993, and WHEREAB, no children have been born of this marriage. HOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for ot.her good and valuable considerat.ion, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows! 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatso~ver belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subje~t matter of this agreement. These disclosures are part of the consider- ation made by each party for entering into this agreement. -1- 2. PreDaratioD of Acrreement. This agreement has been prepared by the attorney for the Husband. Each party has been repre- sented by an independent attorney, who was selected by the party whom he or ehe represents, in the negotiation of this agreement. This agreement hae been fully explained to each party by that party's attorney. Each party has cnrefully read this agreement and is completoly aWare, not only of its contents, but also of its legal effect. 3. ~awfulness of SeDaration. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an adrniesion on the part of either party of the lawfulnass or unlawfulness of the causes leading to their living apart. 4. lIeedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provieions of this agreement, Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claime. Upon the later to occur of Husband's payment in full of the first and second mortgages on 404 Kent Drive, Mechanicsburg, Pennsylvania, as more specifically described in paragraph 11 below and delivery to Wife of a deed for such property, or December -2- 31, 1996, Wife and Husband eaoh do hereby mutually remiee, release, quit-claim and forever disoharge t.he other and the estate of suoh other, for all time to oome, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estata of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracta, engagements or liabilities of such othsr or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or uimilar allowance, or under the intestate lawD, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United states, or. (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, coets or expenses, whether arising as a result of the marital relation OI otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any -3- and all property of any kind or nature, real, personal or mixed, which the othsr now owns or may hereafter acquire, except and only except all rights and agreements and obligatione of whatsoever nature arising or which may arise under this agrebment or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Puture ObliqationB. Each party repre- sents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only foT. the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them. 7. Personal ProDsrtv. wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter W.ife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. -4- 8. Q1h. All cash presently in the possesBion of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 9. P~opertv Not Provided For. The partieB hereto agree that they have, by the terme of thie agreement, eettled, to their mutual eatisfaction, all righte that eJ,ther may have in their property, whether owned by them jointly or separately, real and pereonal, and whereeoever eituated. Any property not specifically provided for in this agreement, which the Husband or Wife owne or has the right to control or poesess, shall be and remain hie or her property, free and clear from any claim on the part of the other. 10. Real Estate. Wife hereby agrees to convey, transfsr and grant to Husband her d.ght, title and interest in the real estate situated and located at 24 Ross Avenue, Fairview Township, York County, Pennsylvania, contemporaneouo with Husband's payment in full or wife's full release from the existing mortgages on said property. From the date of this agreement, Husband agrees to aesume ae his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with eaid premiees, and Ilusband agrees and covenants to hold Wife harmless from any such liability or obligation. 11, Real Estate. Husband hereby agrees to convey, transfer and grant to Wife his right, title and interest in the real estate situated and located at 404 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. -5- Husband shall pay in full, simultaneous with the transfer of the deed to Wife, both the first mortgage loan with York Federal Savings and Loan Association, Account No. 0100055866, and home equity loan with York Federal Savings and Loan Association, Account No. ILN-0000677496, thereby giving wife title to said property f.ree and clear of all liens and encumbrances. Husband shall deliver a deed to Wife for said property simultaneous with wife's execution of all papers necessary to have a final decree in divorce entered in tho Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall be solely responsible for all maintenance and repair, mortgage paymenta, insurance payments, taxes, claims, demands or other expenses including but not limited to water, cable television, electric, trash and sewer incurred in connec- tion with said premises and Husband agrees and covenants to hold Wife harmless from any such liability or obligations until the later to occur of Husband's payment in full of the aforesaid mortgage loano and delivery of a deed for said premises to wife or December 31, 1996. Husband shall also bEl responsible for payment of Wife's monthly car payment for Wife's Honda Prelude until the later to occur of Husband's payment in full of the aforesaid mortgage loans and delivery of a deed for 404 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, or December 31, 1996. Thereafter, Wife agrees to assume as her sole obligation any and all taxes, claims, demands or other expenses incurred in connection with said premises and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. -6- 12. Malver of Allm~. The parties herein aoknowledge that by this agreement they have eaoh respeotively seoured and maintained a eubstantial and adequate fund with which to provide themselves suffi- cient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accllstomed. Wife and Husband do hereby waive, relesse and give up any rights they may respectively have against the other for alimony, support, alimony pendente lite or maintenance. It shall be from the date of thie agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 13. PaYment of Attorn.y F.... Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotia- tion, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each p~rty further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 14. Informed and Voluntal:'V Execution. Each party to this agreement acknowledges and declares that he or she, respectively: a. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to th~ rights and liabilities of both parties, -7- b. Enters into this agrsement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. d. Has carefully read each provision of this agreement. Fully and completely understands each provision of e. thiB agreement. 15. Sub..Quent Divorce. The parties hereby acknowledge that Husband has filed a complaint in divorce in Cumberland County to Docket No, 96-3478, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Wife hereby expresses her agreement that the marriage is irretrievably broken and expresses her int.ent to execute any and all affidavits or other documents necessary for the parties to obtain an abeolute divorce pursuant to Section 3301(c) of the Divorce Code at the sarne time as she executee this agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. Should a decree, jlldgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this agreement and all of -8- its covenants shall not be affected in any way by such separat.ion or. divorce I and that nothing in any such decree, judgment, order or further modification or revision thereof ehall alter, amend or vary any term of this agreement, whether or not eJ.ther or both of the parties shall remarry. It is the spec.ifia intent of the partiee to permJ.t this agreement to survive any judgment and to be forever binding and conclusive upon the parties. 16. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, eXflcute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or. convenient to carry out the intents and purposes of this agreement. 17. Severabilitv. If any provision in thJ.s agreement is held by a court of competent jurisdiction to be invalid, void, or unenforce- able, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 18. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 19. Future Earninqs. All income, earninge or other property receivod or acquired by either party to this agreement on or after the date of execution of thie agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the -9- effective date of this agreement, does hersby and forever waive, release and relinquish all right, title and interest in all suoh income, earnings or other property eo received or acquired by the other. 20. Waiver of Riqbt.. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to oquitably distribute tho marital property of the parties or to have alimony, alimony pendente lite or counsel feas awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 21. ~4iver of Breacb. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provieion of this agreement. 22. SUJ:'Vival of Aqreelllent. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or prov.i.sions, shall be so construed, being the express intention of both part~es hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 23. Juri.diction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent -10- and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreemenl or any provisions or matters refer.red to in any provisions thereof. 24. Aqr.eement Bindinq on Par.tie. and H.~~. This agreement shall be binding in all its terms, conditions, clauses and provisiono of. the parties hereto and their respective heirs, administrators, exeoutors and assigns. 25. Medical Insurance. Husband agrees to maintain medioal insurance for Hife until he has paid in full or seoured Wife's full release from the existing mortgages on the marital residenoe at 404 Kent Drive, Meohanicsburg, Cumberland County, Pennsylvania, and delivered a deed to said premises to her or until Deoember 31, 1996, whiohever later occurs. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above firat written, /. ,..< " .', CHERYL A. BOWSER (SEAL) C?~~ CARL F. BOWSER (SEAL) , X:. / " '\ ( -ll- .... 1'- - I' , IUI',', " '~ " , I'.' ': .-- ! l.)\ , '1 (L: i" ., ,I, " " I .. :I. I , ,~ ; , ' ' U " ,_.lit' t 'l\dLV\a-valv..nut CARL F. BOWSBR, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96 - 3478 CIVIL 'rERM I CHBRYL A. BOWSER I CIVIL ACTION IN DIVORCE Defendant I WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 53301(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 d~cree 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. S4904 relating to unsworn falsifica- tion to authoriti~s. (??J./~oe--- CARL F. BOWSER, Plaintiff Datel II/.) 11ft; '.. -',. i ,'. III' .- >1; , , 1[:' . '. r~):, .:) " , " "-I .. ',' .. I:,) \. , , , ~-3 " '" ...:;' '. h- i ILl ~. t'. ',,. " 1 ~ , 1 II: ' ,~ 1..."" ;J ,.', (,~ , " 'J ..; I,. I,~t J d.. , , , '.J , , tl\d1Y\1~v.1y..nb~ . CARL F. BOWSER, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96 - 3478 CIVIL TERM I CHERYL A. BOWSER I CIVIL ACTION IN DIVORCE Defendant I WAIVER or NOTICB or INTBNTION TO REQUEST BNTRY or DIVORCB DBCREE UNDER 53301(c) OF THB DIVORCB CODB 1. I consent to the entry of a final decree of divorce without notice. 2. I undsrstand 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. 54904 relating to unsworn falsifica- tion to authorities. /'. .'. ) " CHERYL A. BOWSER, Defendant Datel '/ 'f'. / /, ,I. I ~' ~ .. III' \ ~ I:'!; I ~. , , , " .J ! , , , ,-., ? ~j i ,/ , , I. 'I , ,.1. l ", l~) , ,