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HomeMy WebLinkAbout00-04331 . ,'. . " ,-"', I- I, ,"'J'U<_ o' ,'. '. - , " . IN THECOLJ~TOFCOMMONPLEAS '...OFCUMBERLAND COUNTY ST ATE OF . . ' " " ,- -- ;:"':~~'" ,:' ,~,;,;, :"; '- "'(--:, . ", ,',' ' CHESTER G. OOWMAN.' Plaintiff VERSUS LISA A. BOWMAN. Defendant PENNA. No. 2000-4331 Civil TEmn DECREE IN DIVORCE AND NOW, ~~ 'UJ , -2Q:/t, IT IS ORDERED AND DECREED THAT AND CHESTER G. BOWMAN , PLAINTIFF, LISA A. BOWMAN . DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ,}J()\!L The Marriage Settlement Agreement dated December 13, 2001 is J, PROTHONOTARY . .... I:: ,. " ii !i I. I II I: f,L " I: '1\ t,: " I' ,i r,,, f: Ii I Ii li ,I II i " I j,i i ., i . . '1' " J ,I, i I :1; J !ii '~ w Ii !t II i I' i I I Ii; Iii , I I; I f: r: . . '. . .. . " ....~I!'!'I'rI"'"-~~ .~ -. _m~' ~ A,' " - "_W,< -~.~ ',' ~'>-' ~o~'. <"~__V'~'.~"", "c'r ,." ,,",,', '-i'~ -i;iin~.'{U}"j~i{ '+~' ~;("~""rJ:",ft-., "~lr'lf"~ "1:, ']1' m T' ,T" "1" !,-,.-.:.t"':''':Vr>;~j.~ tv rwo Iv ~ , {~~. '" :"""JQII~~~If'll_~~~"!~#'I'I'~N~~~~"'_ "T_.~--i I, , F'\U~cr Foldcf\Filll1 Docs\Gendocs2001\1593-1.MSA.wpd MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this li~ day of December, 2001, by and between CHESTER G. BOWMAN, of Dauphin County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and LISA A BOWMAN, of Cumberland County, Pennsylvania, party of the second part, hereafterreferred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on December 5,1986, in Saxonburg, Butler ,I' " it' ,. ii' ., !I County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since )'): J Ii II I I I I ! ,! I !!, approximately April, 2000; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous ofliving separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights I , ~ and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of Page 1 of 14 their mutual differences, after both have had full and amble opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing, NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION L1 It shall be lawful for 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 shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife ofthe lawfulness of the causes leading to them living separate and apart, ARTICLE II: DNORCE 2J This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any Page 2 of 14 - , 'I :1 ., I I I I I :1 , , I I I I - .- .,1", ~ " " '1 action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either ofthe parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims if this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever- Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that Page 3 of 14 =. .'L;;:. this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any ofthe parties hereto, It is understood by the parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County at Docket Number 2000-4331, Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements, ARTICLE III: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 ofthe Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length ofthe marriage; the prior marriages ofthe parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during their marriage, Page 4 of 14 - L- ~ ',,^- .-.." 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution ofthe parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession, Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. It is specifically agreed that Wife shall retain all furniture, appliances and personal items she has removed from the marital horne, which was sold. This specifically includes the Cub Cadet tractor. The Parties specifically agree to equally divide all proceeds from the sale of the marital residence, The Parties specifically agree that Wife shall retain the approxirnatelyTwenty- Two Thousand ($22,000,00) Dollars she withdrew from the Parties' joint bank account. Page 5 of 14 " I" 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters, Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. It is specifically agreed that Wife shall be entitled to one-half of Husband's 401k and executive retirement benefits as of the last reporting period for each prior to the date of this Agreement. The parties shall cooperate and complete any and all forms and documents required to so provide, including agreeing to the entry of a Qualified Domestic Relations Order (QDRO) to effectuate same, 35 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship, ARTICLE N: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4J The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are Page60f 14 .'",- accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance, It is specifically agreed that Husband shall pay Wife the sum of One Thousand Two Hundred Fiftd~;far~$~.~:.. Said payments shall continue for thirty six months from the sllta ~[l1.;o AO'''''Hl''ul v.IL.ywDy. J8, ~~"~~^rrnN O^^~~~ This amount maybe modified only upon a change of employment as determined by the then current guidelines of spousal support as provided in the Pemlsylvania Domestic Relations Code, ~. ~ 3" fftOS' f,..,.. F;-.../ J).~ ~~~ Additionally, it is specifically agreed that until trs. 8nM~i ~fI, 'lflflA, Wife shall receive twenty-five percent (25%) of any bonus Husband receives from QI'I specifically agreed that the twenty-five percent (25%) shall be computed after all applicable taxes are paid and shall thus be determined to be twenty-five percent (25%) of Husband' s net bonus, Said payments shall be made by Husband to Wife within ten (10) days of Husband receiving any bonus pursuant to this section. 4.2 Except as provided in Section 4, I above, Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code, Page 7 of 14 - I . _ ~'~~ ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or asSumed under this Agreement. I I In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless ofthe name in which the account may have been charged, Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 52 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within ten (10) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles property registered in the other party's name with the Pennsylvania Department of Transportation. It is the intention ofthepmiies that the Dodge Charger shall be transferred solely to Husband, Additionally, Husband shall be solely responsible for any loan secured by same and shall indemnify and hold Wife harmless for any mId all claims related to same, Page 8 of 14 " ~ k~>"",,; ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor the parties have waived their right to have legal advice regarding the meaning and implication ofthis Agreement Husband's counsel is Michael J. Hanft, Esquire and Wife's counsel is Jane E. Adams, Esquire. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements, 62 Except as provided herein, Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate ofthe other, for all times to come and for all pmposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property ofthe other or against the estate of the other, of whatever nature and wheresoever situate, which he or she 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, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, 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 Page 9 of 14 ., , "0..1 . . United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result ofthe marital relation or otherwise, except and only except, all rights and agreements and obligations ofwhatsoevernature arising or which may arise under this Agreement or for the breach of any thereof It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, 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 specifically agreed that Wife does not relinquish any social security benefits she may be entitled to by virtue of being Husband's ex -spouse from a marriage that lasted at least ten (10) years. 6.3 Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. Page 10 of 14 , ,""'_ I . . 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 6.5 This Agreement shall be construed in accordance with the laws of the Conrmonwealth of Pennsylvania which are in effect as of the date ofthis Agreement 6,6 This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding ofthe parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein, 6,8 If any term, condition, clause, section, 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 obligation under anyone or more ofthe articles and sections herein shall in no way void or alter the remaining obligations of the parties. Page 11 of 14 ., - '--. .', . .. 6,9 It is specifically understood and agreed that this Agreement constitutes an equitable disttibution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code ofthe Commonwealth of Pennsylvania, 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution ofthis Agreement Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liabk Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the otheL Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income ofthe other and that each has made a full and complete disclosure tot he other of his and her entire assets and liabilities and any further emuneration or statement thereof in this Agreement is specifically waived, Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage, Page 12 of 14 . ' . . .. 6.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement 6,12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed, The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the otheL The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6.13 .c I I' " I I I. j; jl Ii I,: I! I I I' I' I: The parties both agree to cooperate with each other in obtaining a fmal no-fault divorce of the marriage pursuant to Section 3301(c) of the Domestic Relations Code, It is agreed that the parties will execute and file the consents necessary to obtain the divorce, Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce, Page 13 of 14 . 1,1 '. .1 , I ... IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: rf(Jr/IJ a~6. ~..-"' Chester G. Bowman -<- ~ 6. ~fLfu-rnC<./VI Lisa A. Bowman Page 14 of 14 ~,~"": idIt2ll'i'''- ' ~~~Wii!ili!<~i1\!~""c'k,*"""~",,,~1ffi\~'i;;%mlJh)d;ri,a'.~W"'H"'''''\-f"iXollillilldiltlO*'''ll''''''''''''''''!Uli!I~~~~ *" J '" I~ ~ " II! ~ .. - ...".,..... ~ ............ -~-.~lIilWII .' (") 0 0 -U~ -n 0 ,~ 1" f~~:T.J ~,gj n , z~. N -(-f"1'1 ~-~ ~,;-::;(:"~ /.C.. ~~cj kC1 """ ~, S:O :x ~B ~o )>c ~5flt ~ rl c..~) :;!O 0 -< - -~~ ~'~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER G, BOWMAN, Plaintiff v, CNIL ACTION - LAW IN DNORCE LISA A BOWMAN, Defendant NO. 2000-4331 CNIL TERM 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 Section 3301(c) ofthe Divorce I I I I I' .' :1' ,. I :1' i: !: Code. 2. Date and manner of service of the complaint: Via Hand Delivery on August 7, 2000, 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; December 13,2001; by the Defendant; December 14, 2001. 4. Related claims pending: None. 5, Date Plaintiffs Waiver of Notice III g3301(c) Divorce was filed with the Prothonotary: December 13, 2001. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: December 14, 2001. LAW OFFICE OF MICHAEL J. HANFT By ichael J, Hanft, Attorney LD, No. 7976 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 Attorneys for Plaintiff Date: December 19, 2001 F:\User Folder\Firm Docs\Gendocs2001\1593-1praecipe.transmit.wpd ;~~jjl.lli,H:!"i'~'!"1--.l'f;~I~J",{,~;";:;,lit~\il","l&lI\".arfj"h',>d!,;;it,-,,"klci',""I<i~\j;:"-""<L~"}"""""',"",,"_'~i'!:;!o~i;ldml'l!ilitii~!ilt4tll!l'li'IQ'i!i&i'li~.f "~!IMlM:~ L '~'-h' ~~-~ . 0 ,C) 0 c:: $: "r; -0.0:; 0 :.:;1 E;2m fTJ n J"Pij:rJ 2::0 /'\., coS;: -~B8 ;:$"'" :.<0 -0 ~~i6 !8 ::r :1':=8 :;:)B ~ bin W ?6 .s::- -< ... il I :1 ii ,I 'I' " '" il: ii' I :Ii . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW IN DIVORCE NO.2000- .i!JJI G~'l ~ ,. ,,, !ii .i1 i: I' i,1 1< 11 ii' ~I i' I I Ii; 'ii " ,H I' I' i CHESTER G. BOWMAN, Plaintiff LISA A. BOWMAN, 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -~ '~~ 1__ 'I. ~ ~ 'I" " . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER G, BOWMAN, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO, 2000- 1./33/ Ct;;J /~ LISA A BOWMAN, Defendant COMPLAINT IN DIVORCE AND NOW, this ~l.P+hday of <June. , 2000 comes Plaintiff, Chester G. Bowman, by and through his attorneys, The Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Chester G. Bowman, who currently resides at 40 I 0 McIntosh Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2, The Defendant is Lisa A Bowman, who currently resides at 149 South Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3, The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce, 4. The parties were married on December 5, 1986 in Saxonburg, Butler County, Pennsylvania, 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 330l(c) of the Divorce Code of 1980, as amended. 6, The Plaintiff has been advised of the availability of counseling, and that the Plaintiff -'- ~ I ," "I I I' I: I I I' may have the right to request that the Court require the Parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, Mic ae J. Han Es 're Attorney ID No. 57 76 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 I ~ I, l) I I: I' I: ..J- ~. -"-- ~'I',.'.r..' !: Ii Ii II Ii I I VERlFICA nON The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. /?LRJ ~ ~~... ..oK..-> Chester G. Bowman ".J.-.- .r ''-'';',,': !I, r,. \. .., -, ..... " :[: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHESTER G. BOWMAN, Plaintiff " r " ii ': , , ,:' , , 1 , ,I' I , :1: CIVIL ACTION - LAW IN DIVORCE :i i i , tl I,: .i; v. NO. 2000 - 4331 Civil Term LISA A. BOWMAN, Defendant :L: :i-: .1: " DEFENDANT'S PETITION FOR RELIEF AND NOW COMES, Defendant, Lisa A. Bowman, by and through her Attorney, Jane Adams, Esquire, and respectfully represents that: j; !i COUNT I - DIVORCE I '[, , f- 1. Defendant, the innocent and injured spouse, avers that Plaintiff, in violation of his marriage vows has: i-; " (a) Committed adultery. 1 I' (b) Offered such indignities to the Plaintiff, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in diVorce. COUNT II - EOUlTABLE DISTRIBUTION OF PROPERTY 2. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 3. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. .L. L,... ~.~_ " ,,,,', \. , COUNT III - ALIMONY 4. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 5. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 6. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of of Defendant to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 7. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 8. Defendant requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage. 9. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course ofthis action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT V - COUNSEL FEES. COSTS AND EXPENSES 10. Defendant is without sufficient funds to retain counsel to represent her in this matter. 11. Without counsel, Defendant carmot adequately prosecute her claims against Plaintiff and carmot adequately litigate her rights in this matter. 12. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. .....~~~_O" . ^ 1-,1 I I i :i , :!, \ . < . , <4~AI1 . O.\;3U.l/yylWyl Lisa A. Bowman, Defendant :1' 1 , , , i , I I I I I 1 , , , 1 I ,I I I , WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs, and expenses. I verify that the statements made in this petition 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. Date: 1;;< -/3 - {/V Respectfully submitted, ~ ane Adams, Esquire I.D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT LISA A. BOWMAN t ,~~MlilII' "~ ~-I.i~"'ll;O:.;nclw;',~~~~~B-'- ~''''''',. 0"" n_, ~ .:lI:: - C) 0) C) ~ \:I i ~ ~. [Iii"_'~~~ ,. .r t , (') c..."') C' :::l> C C:J ,j ~ " UJ ~ va' C::J ..1 mnJ Pl ~ 2-<'1 C") "~ -r-; zt~ r-~ ci'J_'~' ,nl ~ ~6 c" :,fer " , ~ -':.J ~09 K ~Q ..--. 9i~ :::, pC> "" C ~ ;'''';,t-'j :2 v - j;! ("\ :< J:'" - :u <:s ~ -< ~ Ct- .c '!l & ,.-' ". '~ iii 'I' 'I' I " I " ii' ill , I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE \1, it :i': :1: II: I II I " 'I: :\ I 1 I: ]1 ;i: Ii 'I; I il 1 I CHESTER G. BOWMAN, Plaintiff LISA A. BOWMAN, Defendant NO. 2000-4331 CIVIL TERM ACCEPTANCE OF SERVICE I, LISA A. BOWMAN, the Defendant in the above captioned matter hereby accept service of the Complaint filed in the above captioned matter. ~, ';!O (]. \t6 h-l . rYy1 C'--n I A A. BOWMAN Dated: ~h / tHJ I I Ii I] II F:\User Folder\Finn Docs\Gendocs2000\1593-laccept.svc.l.wpd " "-~",.",~ . ~ '-lI:IIIIiII.'~~"'.;""" "~i>ii;!iii;tiotio__~~;l~__~iIIlIdllrj. ... - ~. ~ ~~ . .~~.......... -- '-, 'b c 0 c: 0 'T' -a~ X- ",....[ C, ~ ~m G") :0 m~ I '"m -' "]~ ~', ~O ,-", -U -~l" . ::1:,- j ~8 ::;;: "" PC') 2m >c: ~ O' ~ .. 35 -< [!!;l _w', ~-~ ~~ =w ' ~ ~= "" -, -. ~ .. .~" '"",~ . ~.""--""'~~-~~ i ""; ,,__ .~-'"' ~~!v Jane Adams ATTORNEY AT LAW H7South Hanover Street Carlisle, Pa. 17013 Phone:(717) 245C8508 Fax:(717) 245-8538 'Www;adamslaw.net March 23, 2001 . 7 Robert Elicker, IT, Esquire Divorce Master 9 N. Hanover St. Carlisle, Pa. 17013 Re: Bowman v. Bowman No. 2000 - 4331 Civil Term Dear Mr. Elicker: Enclosed please find a Certification indicating that discovery is complete in the above- captioned matter. Please .contact me if you have any questions. regarding this matter. Thank you for your kind cooperation regarding the above. jJA cc: Lisa Bowman Michael J. Hanft, Esquire k:.t-:v>-, :;";\','J;;;,'':ii<',:J:-~,$~ii1!;,'li!Zr;l:;\W~'\iikJ'.'':~~;.{"r'~~-i~l~;!ij'.;'-n';}i'''.;-H~~,,' -0,_r"..;:'--:~__--'<-~""; f;~,~-":"~",-",,,,_.,.-,\,,,_~;,., ,,';", _ .-t:.,^''''''A,~~",.~-I<-''-'''';'''''_____-''''' --.~- ;',,,,,,,,".,' --__.j,".~_~'''r<_ t-'">"",~,'-, "-."_,c~",, ,--"'"'. ~.,.,:'""#- <, - "--'-'-~.'-'" ~, , -~ , " ~,1 .. , . > , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CHESTER G. BOWMAN, Plaintiff v. CIVIL ACTION .. LAW IN DIVORCE LISA A. BOWMAN, Defendant NO, 2000-4331 CIVIL TERM AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLV ANlA ) : SS. COUNTY OF CUMBERLAND ) 1. 26, 2000 . A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 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: /~~.3/c;1 ~~5'r({: &..-..-c..- Chester G. Bowman, Plaintiff Sworn to and subscribed before me this t h day of lXcem iJey ,2001. Den. Notarial Seal lSe L N South Midd/eto' Ye. NOlary Public My Commissi'::' ~.. .Cumber/aod County plre, Feb, 26. 2005 1r.lernbGr, pennsYlvaniaAss0ci8 lIonotNolaries F:\User Folder\Firm Docs\Gendocs2001\1593-1affidavil.consent.wpd -"I, lidl!ijlii!JjWWllll:il!~i~Ii\!liI>\"'''''y '...".'"'"r....;,.;i~....~li~filiilii;&lti!l"',~"';i"'''1;;MijM;iXd,j~~'J',~~I,,'lh;M1:~;eJir_U i~".J" .",.1< >~'. ',~ "',~ ~~..-'-'.' "-- b.~'~ ,~~~,-, : iI;-''lIliIdW''""'"'- . (') , , C.:: ;;::;p~ ..... ,) rt q rn 1'j, ~J Z:.:::.. :/..::C , , :!2 ~~-- '-u r::::~-" ----0 ,~ ~f~ f',,;' , ' z :Q ":J \r~ --. -<!, .. l' >-, . . .1 -<,' .... ",. ,L' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CHESTER G. BOWMAN, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE LISA A. BOWMAN, Defendant NO. 2000-4331 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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, Da/a"m;01 ~b- 8~- · - /~J.h~ Chester G. Bowman, Plaintiff F:\User Folder\Finn DocslFonns\Family Law\Divorce\waiver-notice, rnt. wpd " ~!IIIiBIlr-"'''""'''"illilil.~ -"- J~IniiIIi~'~'lli';!,,"";i"ill.%L'<t'lh~,*~,,*~~.iliW.ll\lI.MilliIl!~-';' -.;0, ~,_J .jjig,~ ~ -<-llll.l . , 0011 o G <,,~ -ocr! rnp, Z:T: '~~~:- ~E, -- L,_ 2: ::t Ilf'" ".~ C) '-. ;:11 ::-"';) l~~' ." , >:--) f""; ---.i -; \.0 - l I~,......".J --,' . . .... . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHESTER G. BOWMAN, Plaintiff CIVIL ACTION - LAW IN DIVORCE v. NO. 2000 - 4331 Civil Term LISA A. BOWMAN, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on June 26, 2000. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa,C,S. 4904, relating to unsworn falsification to authorities, core. lie/o/ A -,"1-/. -/ /1. M-H' .u'J'Y70<.-rJ Lisa A. Bowman, Defendant WAIVER OF NOTICE OF INTENTION . TO REQUEST ENTRY OF A DIVQRCE DECREE UNDER lI3301lcl OF THE DIVQRCE CODE 1. I consent to 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. unswom falsification to authorities. Date: /~/io I ~~ ~ a ~/J-U/YncYr1 Li A. Bowman, Defendant -1f ~ ~'ilItl!iil"""=",,,"",..o4,,"'~~i!:,j""i)',1~:w.~.&.8~lW't'~1~iiiI[_iir~~ ...., ~. ~.- ..... ~~" JJ!BlIIiIlIItIJ. . . (') ~ '""OCLi n1rr, :z. ,:r~' Zl_ ~',:.~: ~2 ~ M"'~""~ CI c::1 ('1 C-) >i ~:2 --~ll,= .,t:" '. ~~ ~~; ~::: ...;0.2> '_'n :J1 co ".::0;(-) '~rn :3 ~ . ...,~ . CHESTER G. BOWMAN ~~.'''''~~'_'''''''''''''' ,l ..1-~1ii..._~~Ilit.~~.iI.i~~'i-,i 'I I I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VB. NO. 00 - 4331 CIVIL 19 LISA A. BOWMAN IN DIVORCE Defendant STATUS SHEET ACTIVITIES: ~q..~ ~ "'\~, YY\tw\1D \ 1> d~~~~~ 1l.1'lI. (:1I;JI(~ { \ ~~. .- {~(l~(Joar. C)~~~~~ "I<it>,"" ,-' CHESTER G. BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 4331 CIVIL LISA A. BOWMAN, Defendant IN DIVORCE TO: Michael J. Hanft Attorney for Plaintiff Jane Adams Attorney for Defendant DATE: Wednesday, March 21, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. .' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. .,,1: i ~! ~ " Ii' !~ :1' ;1: :Ii i~ !:I :;i , Iii . 'Ii . DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT " I Iii I I r " r ! I . , i , I I , d ! , Ii . . . ! ! i ! , I I I , , I NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. r CHESTER G. BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 4331 CIVIL LISA A. BOWMAN, Defendant, IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, September 10, 2001 Present for the Plaintiff, Chester G. Bowman, is attorney Michael J. Hanft, and present for the Defendant, Lisa A. Bowman, is attorney Jane E. Adams. This action was commenced by the filing of a divorce complaint on June 26, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. Wife filed a petition raising additional grounds of indignities and adultery (the Master indicated that those alternative grounds should most probably have been raised by a counterclaim rather than a petition). Counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. On December 13, 2000, a petition was filed by wife raising economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. The parties were married on December 5, 1986, and separated in March 2000. The parties have an emancipated child (husband adopted wife's son from a prior relationship) and the young man is currently attending ITT, we believe, in Williamsport. Husband is 45 years of age and resides at 4010 McIntosh Road, Harrisburg, Pennsylvania 17112 where he lives with a female friend. He is a high school graduate and is a sales representative for Hammaker East, ltd. Mr. Hanft has indicated his net monthly income is $4,507.60. Husband has not raised any health issues. He is currently paying support to wife which apparently includes support for the emancipated child of $921.50 biweekly. Wife is 36 years of age and resides in the marital home at 149 South Locust Point Road, Mechanicsburg, Pennsylvania, where she lives alone. The son does use that ~ address when he is on break from school. wife has a GED and works for Ross Distribution making $10.28 per hour. Wife's net monthly income is $1,369.33. Wife has not raised any health issues. Currently wife is covered under husband's medical insurance plan with his employer; however, upon the entry of a divorce decree she will be able to obtain medical insurance through her employer at a cost to her of $60.00 per month. The parties own real estate at 149 South Locust Point Road, Mechanicsburg, Pennsylvania, which is listed for sale and is currently under contract. Settlement is expected to occur within the next thirty (30) days. Counsel have indicated that the net proceeds from the sale of the real estate will be escrowed pending final resolution in this case. According to the pretrial statement filed by attorney Adams, the parties had some accounts which they have separated, including checking and savings. Husband has a retirement plan with his employer (401(k). He has provided a statement showing that as of June 30, 2001, the balance in the account was $88,724.70. However, that amount includes post-separation contributions so that we need to have an adjustment made to the value of that asset as of the date of separation plus interest earned on that portion. The parties have two vehicles, a 1992 Jetta, which attorney Adams has stated has a value of $4,660.00. There is also a 1971 Dodge Charger with no value placed on that vehicle. Wife intends to move from the marital residence upon the delivery of the deed and final settlement of the property. The household tangible personal property counsel believe is going to be retained by wife. In order to include a value for that property in the equitable distribution computation, the property needs to be appraised. There is no marital debt. In order to move this case along with information that the Master needs to properly evaluate the issues, counsel are going to provide the following: Attorney Hanft is going to file a pretrial statement and include exhibits. His exhibits will include an income and expense statement and a list of the marital assets with a value ascribed to those assets based on his client's appraisals and opinions. ~: ,I . ~! :1 J ,-f ~I Ii J Ii II " ii !' "I r' !' j,: c ~i " 'I ~ < with regard to the 401(k) account, Mr. Hanft is going to determine what the marital portion of that account is considering the date of separation value plus income earned on that value to the present. Mr. Hanft is going to include values that his client places on the Jetta and the Dodge Charger. Attorney Adams is going to provide an income and expense statement for her client and is going to determine whether or not wife received the monies in the accounts which should be charged against her portion of the equitable distribution in the amount of approximately $22,000.00. Mr. Hanft indicated that the parties had talked about her retaining that money and he would receive his bonus for the year of 2000. According to attorney Hanft, however, Mr. Bowman did not receive any bonus for the year 2000. We discussed the matter of alimony and husband has offered to pay for two additional years from the date of the settlement and wife has requested five years. The Master has advised counsel that they can communicate to their clients that the duration of the alimony, if the case goes before the Master, would be indefinite. The Master does not discourage parties from setting their own alimony agreement and specifically stating a duration; however, should the matter have to go before the Master, the Master will pick neither two years nor five years as a term for the alimony. The amount and duration ultimately then will be left up to the Court upon a showing by either party of changed circumstances of a substantial and continuing nature. I I I ! ~ ~ 'I , ~ I , Counsel are going to advise the Master when they have completed all of the requirements that have been stated in this memorandum to get the case to the point where we can value the marital estate and discuss the alimony issue based on current income information. Upon counsel preparing the case as provided in this memorandum and having advised the Master that the case is ready. to move forward, the Master will schedule a conference with counsel and the parties so we can resolve the economic issues. The Master also indicated that if the alimony issue is the only issue pending, that counsel should prepare a stipulation resolving the equitable distribution part of the case which will be made part of the record and then we would need to only address through the Master's office and through testimony, if necessary, the alimony claim. Husband is currently paying support on a voluntary basis based on his own calculations. Should he ~ .. " ,I discontinue payments, wife will then have the option to file a complaint with Domestic Relations for spousal support or in the alternative alimony pendente lite. The amount that the Domestic Relations Office would fix, as the required support, would be based on current incomes provided and a guideline formula which is used to establish support or alimony pendente lite. Mr. Hanft has indicated that wife previously filed for alimony pendente lite but attorney Adams thought that the complaint is "on hold". ,I E. Robert Elicker, II Divorce Master I cc: Michael J. Hanft Attorney for Plaintiff I i Jane E. Adams Attorney for Defendant 1 '1 I. I , ,) '--~:'.i , I' l;i ~ 'I '" .. " !'I 'i " " 1;1 I,' " Iii " "I " "! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHESTER G. BOWMAN, Plaintiff JUN 2. 0 2001fC- , d ::1 ," :1 :1 " 1 I I[ i I i I 1 I ;1 I 'I i I , I I 1 'I ,j :i j :1 CIVIL ACTION - LAW IN DIVORCE v. NO. 2000 - 4331 Civil Term LISA A. BOWMAN, Defendant PRETRIAL STATEMENT BEFORE THE DIVORCE MASTER I. HISTORY Lisa A. Bowman and Chester G. Bowman were married on December 5,1987. On March 23, 2000, they separated, and a divorce was filed June 26, 2000 by Michael J, Hanft, Attorney for Chester Bowman. The couple has a son Corey E. Bowman, date of birth February 4, 1983 who graduated in June 2001. It is anticipated that each party will sign Affidavits of Consent. II. REAL ESTATE. Marital home at 149 Locust Point Road. Mechanicsburg. Pa 17055. Home and property including over 4 acres of land. 100% marital property. Currently listed for sale with Wolfe and Shearer. There is no current appraisal on this property, however, a fair market value is anticipated upon sale of the home. III. ACCOUNTS AND INTANGIBLE PERSONAL PROPERTY. A. Accounts. The parties have separated their accounts and each party currently has their own checking and savings accounts. B. Retirement. Plaintiff has a generous 401 k plan and retirement package, More information regarding Plaintiff's benefits is expected to be obtained before the hearing. ~ =- T' ., IV. TANGIBLE PERSONAL PROPERTY A. ProDerty in the marital home. 100% marital property. There are currently appliances, furniture, and personal items in the marital home. There are also tools in the shed, as well as landscaping equipment and a Cub Cadet tractor. B. Vehicles. 1992 Jetta - jointly titled, 100% marital, estimated value $4,660. Dodg~ Charger - jointly titled, 100% marital, value unknown, Amount owed on this vehicle was incorporated into a home equity loan. 2000 Pontiac Grand Am GT - purchased by Defendant after the date of separation; Defendant has little or no equity in this vehicle. 1999 Escalade - used by Plaintiff, non-marital, company vehicle, value unknown. V. EMPLOYMENT AND INCOME Plaintiff is currently employed as an executive and receives a salary of approximately $1842 bi-weekly. He also receives an annual bonus which varies yearly, but typically increases his annual salary by 25% - 50%. Defendant has had several jobs during the past 6 months, including working at Bon-Ton and Tyco. She was recently laid off from Tyco. Defendant's average annual gross income during the past year was $17,750. Defendant is receiving spousal support in the amount of $921.50 from Plaintiff bi-weekly. VI. WITNESSES Plaintiff has no additional witnesses at this time, other than herself, however Plaintiff reserves the right to call additional witnesses if needed. '~ - ,I, " -^, '.u_ . . VII. EVIDENCE AND EXHIBITS Defendant will be providing the following documentation at the hearing, A. Defendant's 2000 W-2's and income documentation. B. Any and all documentation relating to the sale of the marital home in order to document the homes value. C. Inventory of property which remained in the marital home, Defendant reserves the right to supplement this list at a later date, VIII. PROPOSED RESOLUTION Considering Defendant's limited earning potential, her limited resources and future income potential, the following settlement is proposed: Mrs. Bowman would like to retain the contents of the marital home, including all furniture, appliances, and personal items currently in the marital home. This would inclUde all landscaping equipment, the Cub cadet tractor, and tools in the shed on the property. Upon sale of the marital home, it is proposed that the parties divide the proceeds equally. Each party would retain their respective vehicles and their son Corey would receive title to the 1992 Jetta. Defendant would receive the Dodge Charger as long as he was willing to satisfy the home equity loan which was taken out to pay for the Charger. It is proposed that Mrs. Bowman receive 50% of Mr. Bowman's retirement and 401k plan. Regarding alimony, is it requested that the bi-weekly payments of $921.50 from Plaintiff continue indefinitely. Date: C. 19, 01 Ja e Adams, squire I. . No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ., ' CERTIFICATE OF SERVICE AND NOW, thiS~-e.l9, d.J!JO! I, Jane Adams, Attorney for Defendant, Lisa Bowman, hereby certify that a copy of Defendant's PRE-TRIAL MEMORANDUM has been duly served upon the following party, by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Michael J. Hanft, Esquire 19 Brookwood Ave. Suite 106 Carlisle, Pa. 17013-9142 ATTORNEY FOR PLAINTIFF J ne Adams, Esquire .D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ., ',-- :,' ,-, ,) "" ",' -' ~'-'''' ^ ". , ',,",' ,_ ."b >, ~ " ,.~ .,-<, 1:-,1' OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci .10 Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 TO: John W. Purcell, Jr. Esquire Thomas S. Diehl, Esquire Michael 1. Hanft, Esquire Jane Adams, Attorney at Law Samuel W. Milkes, Esquire Johnna J. Kopecky, Attorney at Law Mark D. Schwartz, Esquire FROM: E. Robert Elicker, II, Divorce Master DATE: Thursday, May 31, 2001 RE: Pretrial Statements Dear Ladies and Gentlemen: You were directed to file pretrial statements in cases which you have pending before me on or before Tuesday, May 29, 2001. Neither counsel have filed pretrial statements in the following cases: Ante1 vs. Antel, Bowman vs. Bowman, Thomas vs. Thomas, Tritt vs. Tritt. I am withdrawing the directive for the filing of pretrial statements in the above captioned cases. I do not intend to issue any further directives for the filing of pretrial statements in these cases. When counsel do finally get around to filing pretrial statements, I do not intend to schedule conferences on these cases until September or October 2001. ..>', .~<". l;i f" , !' I " f" 1, i,: I I,) ;'l I,' ,,' I':i I: I I' ,'j , fil 1:1 I:! I"~ Iii h I" I" I:; I'; , , hi l': j'; ::, i'! i' , -~"-- ~".- " '.-,-". 1--; -I. """r! . Ie! " ~ -j Ii ~ i , Ii I r;: I II ~: i OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci do Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 1'" " " I'! h ::1 I! 1':1: J I, :!: I 'II i:l April 23, 2001 Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Jane Adams Attorney at Law 117 South Hanover Street Carlisle, P A 17013 l:i: I :'1: , :'ii J , , " , RE: Chester G. Bowman vs. Lisa A. Bowman No. 00 - 4331 Civil In Divorce Ii i:)i n: 1'1' i'l [,I' [,'1 1;' !i !.'i: I ii: Dear Mr. Hanft and Ms. Adams: Attorney Adams has returned the certification document regarding discovery indicating that discovery is complete. The document was dated March 23, 2001. Mr. Hanft has not returned the certification document. I am, however, going to assume that there are no outstanding discovery issues and we can proceed with this case without any further matters involving discovery issues. ':! 1'1' Ii: II, 'I, I: ~ : ", 1); i~ rj! I' ;1; w A divorce complaint was filed on June 26, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. !I; III II: 'i' I I"~ , tl On December 13, 2000, the Defendant filed a petition raising economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Tuesday, May 29, 2001. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss 1_: 1-. . . " Mr. Hanft and Ms. Adams, Attorneys at Law 23 April, 2001 Page 2 the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING V ACA TED. - 'r. CHESTER G. BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 4331 CIVIL LISA A. BOWMAN, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Michael J. Hanft Attorney for Plaintiff Jane Adams , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 10th day of September 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 6/25/01 E. Robert Elicker, II Divorce Master Michael J. Hanft, Attorney for Plaintiff, has not filed a pre-trial statement as of the date of this notice. Jane Adams, Attorney for Defendant, filed a pre-trial statement on June 20, 2001. -~ ~~" ~I _! JiLL': ;I :,!: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA !l ['; I:, f'! CHESTER G, BOWMAN, Plaintiff CIVIL ACTION - LAW IN DIVORCE v. NO, 2000 - 4331 Civil Term LISA A. BOWMAN, Defendant ..P<i Divorce ( ) Annulment J:><J Alimony ( ) Alimony Pendente Lite and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. ,n.", ,12) Th~ Defef)djl~has not) a~peared in the action (personally)(by his attorney, (I.L.ILC~o..Pf!...;7-: ~ ,Esquire), (3) The tat ory ro d(s) for divorce (is)(are) .3 ~ / (e...) , .3 3D I (.~){ /, ) 33C:>! a ~ " j:xJ) Distribution of Property ( ) Support ,(.Xl)Counsel fees ~Costs and Expenses , c'! :'1 , I! ! I I 'I i i MOTION FOR APPOINTMENT OF MASTER ~ BD7.A5/?1. c:u-.... ,~efendalitJ)1oves this Court to appoint a master with respect to the following claims: (c) The action is contested w1ih respect to the following claims: ~! 'I I " !i iI " Ji , I :,1 ,I ;.1' I: II II; , ~I ,;, Ii ii' ii ii' I II I , , i (4) Delete the inapplicable paragraph(s): (8) The;: ;dstJell :.... ",...1 ".....RteateB. (b) An agreement has been reached with respect to the following claims: JJoiJf:..- (5) The action (iA'Jslvee)t(foes not invo~omplex issues of law or fact (6) The hearing is expected to take tf ('d8ys)~~ (7) Additional information, if any, relevant to the motion: ane Adams, Esqu~~, Attorney for (PlaintilT~ Date~, J d... ,0 ( ORDER APPOINTING MASTER AND NOW, this ~/3 ,2001, Robert Elicker, Esquire, is appointed Master with repsect to the following claims: a.tt-- ~~,~~. (10' J, ,0: 0, 03-1'/-0 I -1/(; ~r f<~5 t: J. . ~-, ~.'"" , ~. - .~~<~-~ ,~ Ir--lJ.- 1.IJ[fjll~1!lrIiJl- Jj.ij1~Ulr,r. .,' L. F\\.tf)-:<)~n~~ ., 0:. 1\.:;: r;';):.=,:\"'r)t~O[i\HY i ,;,-- 0\ tlr,R \ 3 pr\ \,;: \:5 ~UMB>==RlJ.\~D COUNT{ v 'PENNSYLVi\NIA >- ':\;I ~ ~ (' '" l.J.,!z '" >do oS tt:c :rt: Q~ Of-- 0- 9~ ,~! (:') C..L, I-qO., 5CIJ \..L h~,! 0:.: ,:c2: UJm j:::: """ mo..: Lc. x: 3 0 a C;) ,,~_ "~ __~""~"I'91'1~'I~...,u;l"ltW~'_!l>'ffi'm"~'''k'i~';j'*~'':fi<!<!'--f\'-Jl~''I,)"''':''''"'1W''"'~1"'L'\";';~'~~!_~'!'!!Il'lW~ ~'"'",~"- " , " : -~, !~L_ I , 1 I I I I !I 'I ~ ! . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHESTER G. BOWMAN, Plaintiff CIVIL ACTION - LAW IN DIVORCE " , " i, !: , " 'I :/ I I , I I I I ,I v. NO. 2000 - 4331 Civil Term LISA A. BOWMAN, Defendant AFFIDAVIT OF SERVICE OF DEFENDANT'S PETITION FOR RELIEF ii, I I rl ,I :1 il 'I il 'I AND NOW, this January 3, 2001, I, Jane Adams, Esquire, hereby certify that on December 26,2000, a true and correct copy of DEFENDANT'S PETITION FOR RELIEF was served, via certified mail, restricted delivery, return receipt requested, addressed to: Michael J. Hanft, Esquire 19 Brookwood Ave., Suite 106 Carlisle, Pa. 17013 ATTORNEY FOR PLAINTIFF Respectfully Submitted: e Adams, Esquire No. 79465 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ( .'" .'^ I~ ,~,. !, ,I I I ". COnipi~teitemSl, 2, a"c,3. Also cOmpl~te item 4 if Restricted Delivery is desired. '.' _. Print your name-and addre~ on the reverse so that we can return the ca'rd to you. . Attach this card to the back at the mailplece, or on the front if space permits. 1. Article Addressed to: D Agent o Addressee DVes D No , , , 'I II ,;1 il'.' hi rl: l ':1 ii' [I 'I Ii " \-1: J_1 rl: ~i ' II " :1 rl: l;i, 'I " ii, ,I' i'l ill Ili 1: m,ch0.A2 J: /4i~ ('1 Bvzvk-wtd I'tv-e. '5ui'leJDfo ~/fr /7D/3 3. Service Type ~ (] Express Mail d Registered 0 Return Receipt for Merchandise D Insured Mail D C.O.O, 4. Restricted Delivery? (Extra Fee) 0 Ves 2, Article NUmbe,(COpytromseJVice/abel)'7oQ q 3LJ 06 00 I Sf' SOn ;;;JIIl PS Form 3811, July 1999 DomOstJc Return Receipt 1025........-1789 4 '-~ - ~'l-: CHESTER G. BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 4331 CIVIL LISA A. BOWMAN, Defendant IN DIVORCE TO: Michael J. Hanft Attorney for Plaintiff Jane Adams Attorney for Defendant DATE: Wednesday, March 21, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. I. , ,~-, >,.', ~ ,i , . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 3-~3~0/ DATE FOR FOR PLAINTIFF ( ) DEFENDANT }><) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. "",~"""",-~"","",,,,,",~.iJ~~^" -'""''~'='''_~IOl_''' ~-~"'''-~-, --~-..~ ' .--, "'~ "Q,\JdIok;~~J-'-~"'",,'~"~.-W,"""";_,; Jane Adams . ATTORNEY AT LAw 117 South Hanover Street Carlisle, Pa. 17013 Phone:(717) 245-8508 Fax:(717)245-8538 www.adamslaw.net July 12,2001 Robert Elicker, II, Esquire Divorce Master 9 N. Hanover St. Carlisle, Pa. 17013 Re: Bowman v. Bowman No; 00 - 4331 Civil Term (Divorce) Dear Mr. Elicker: This letter is in response to Mr. Hanft's recent correspondence regarding the above- referenced case. Mr. Hanft imd I have ~een negotiating a settlement in this case for approximately the past twelve months. The parties had. a reached tenative agreement that the proceeds from the marital horne and Plaintiff's retirementbenefitsw6uld be divided equally. I am optimistic that the marital.home will be sold before the upcoming cOluerence, and we will have thereby obtained a fair market value. Regarding the retirement benefits, I had assumed that Mr. Hanft would be providing updated information: before the drafting of a Qualified Domestic Relations Order. To date, it istruethat I have not yet received such information. I enclose a letter to Mr. Hanft requesting such information via formal correspondence. I would request that Mr. Hanft be directed to file a pre-trial statement, in order that Plaintiff' sfinancial inforrtlation be verified before the pre-trial conference. Finally, I am.in agreement with Mr. Hanft's statement that there are only three items upon which the parties Garmot agree; Themost outstanding of these three items involves the amount and durationofalimony. To that end, lwouldrequest that you direct both Plaintiff and Defendant to be present at the upcoming conference in order that we might resolve this case with your assistance. Thank you for your kind cooperation regarding the above. Please contact me if you have any qUestions regarding this matter. Very trulyyours, ;., cc: Lisa Bowman Michael Hanft, Esquire ,.-~;'t,9.r";:'-<;'i't,~'.lOtl'~"''''''''-'~'~IIJ,~~,;:~iii--f,l5:'a~i>W;~e''';'''Ii_i--;r;_''!."'p.,~~':;:,,,,'i',~,"'(~"'~ ~-~''''''''''~';'''~-'.'''~''41~'';'':-' '~-'>4,i'~',_,",,,,"'-"' ",,,",' 'j;_.4-i;,;"",,,';""'''''~'''',,,"'^k__''';'''''"';&.,, '.,.,,-, ~ .... ~,~ . ~........., ,-..'''-' """ -.;' . ."'" ,-' JANE ADAMS ATTORNEY AT LAW I I 7 SOUTH HANOVER STREET CARLISLE. PA. I 70 I 3 (7 I 7) 245-8508 (7 I 7) 245-8538 FAX WWW.ADAMSLAW.NET July 12,2001 Michael J. Hanft, Esquire 19 Brookwood Ave, Suite 106 Carlisle, Pa. 17013-9142 Re: Bowman v. Bowman No. 2000 - 4331 Civil Term (Cumberland County) Dear Attorney Hanft: Please provide full documentation of your client's retirement benefits and 401k at your earliest convenience. Thank you for your cooperation and consideration in this matter. veop't ~e E. Adams, Esquire cc: Lisa Bowman Robert Elicker, Divorce Master --,--, ^" - ~--"- -", """"'-;""...,-, ,,,,,,c,",:., ,-", I I " " , , "~~ LAw OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW , I,: 'I ,I ,II I 1'1 1'1 , H MICHAEl J. HANFT GREGORY H. KNIGHT R..JCHARD L WEBBER, JR- June 29,2001 OF COUNSEL WILLIAM A. ADDAMS MICHAEL R. RUNDLE E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 I I 'I RE: Bowman v. Bowman No. 00-3331 Civil Term - In Divorce Our rile No. 1593.1 Dear Mr. Elicker: Please be advised that I am in receipt of your Notice dated June 25, 2001 scheduling a Pre- Hearing Conference in the above-referenced matter for September 10,2001 at 9:30 a.m. In your letter dated March 31, 2001 regarding Pre-Trial Statements, you withdrew the directive for filing a Pre-Trial Statement in the above-referenced case, I note that Jane Adams, attorney for the Defendant, filed a Pre-Trial Statement on June 20, 2001, On March 13, 2001, Ms. Adams filed a Motion for Appointment of Master where in Paragraph 1, she stated that discovery is complete as to the claims for which the appointment of a Master is requested, However, in her Pre-Trial Statement, in Section II, Ms. Adams states "a fair market value is anticipated upon the sale of the home" and in Section ill, she states that "more information regarding Plaintiffs benefits is expected to be obtained before the hearing." Please be advised that there are no pending requests for discovery. In light of the above, it is clear to me that either the Motion for Appointment of Master was premature or all discovery has been completed. Should you. so desire, I will file a Pre-Trial Statement. However, if discovery is not complete, then your directive to file Pre-Trial Statements would appear to be premature. To that end, on or alJoutMarch 23, 200 I, Ms. Adams filed her Certification that discovery is complete because she did not list ~y information that is not complete and did not list any dates when discovery will be cornp1eted and what action is being taken to complete discovery. 19 BROOKWOOD AVENUE SUlTE 106 CARLISLE, PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW.HANFTLAWFlRM.COM - '-- u, _C"~ <~ , ,.- ,,"~- -- ..- ,~ '," '^ - ,,',,;,--,'-~'''-, ,-", I.;-""-:,,k.. -, ',-, ""i: II': 1,1 I" i.: E. Robert Elicker, II, Esquire June 29,2001 Page Two Ii: I:: " j':' j, I' I : ~ I:! Your guidance in this matter would be greatly appreciated as the parties have attempted to resolve their differences and there only appear to be three (3) items upon which the parties carmot agree. Thank you in advance for your prompt attention to this matter. iii 'Ii I" I'!'i 1/1 ji,! Very truly yours, LAW OFFICE OF MICHAEL J. HANFT 1t* !;-: ~'~ ','I ..ii :' cc: Jane Adams, Esquire Chester G. Bowman ;:i "-I n :I;! h I': :;: iLl !i! Ii! ,i; I:' !,ii MJH/dln F:\User Folder\Firm Docs\Genllr2001\1593-1re.l,\vpd " ;!: !I:! 'ii j'1 ,. " , i' , I'J H :: !:1 , '> ~'-'"'-, CHESTER G. BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 4331 CIVIL LISA A. BOWMAN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this :t.l~ day of ~ 2001, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated December 18, 2001, 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, .J. Jane E. Adams Attorney for Defendant -3 I\C"\\ ,..,eJ\ ~ y '1 J~-a\-o\ fl\. ()." uJ. cc: Michael J. Hanft Attorney for plaintiff ,',jf~~~~~llii$,1lm&<iloi\l'H'!li,,,~~,,,':,,,,,,"..5il~,,","ffiW.u'!lii.iL!m\....:i..d ~ ~iiIIi.dii.ll ,~.= ..'~= I O~ ",,""<' ~ 0 0 0 ~ ., 0 .-. i:'Bm rrr 0' n .'-"";"1 ~!B ;-i1~ Z~ r" ';'Jrn en . :t70 ~~ C) ! ~V J> :;j~ ~(') % Q::D :pO Z~ c: ('".)' . ~ -. ~, <:.rl ~ , (,,) ,,-,. "~ "~ ..U"U'~ ~~~_.~ .,. ,,""^_, ,'~ ~O'",. . _~ _ ft .1 " . ~ .. I: il Ii 1 , I" I: Ii I i I: 1 CHESTER G. BOWMAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-4331 CIVIL TERM : CIVIL ACTION - LAW !<, !:'^ " LISA A. BOWMAN, Defendant : IN DIVORCE ORDER AND NOW, this ~ day of ~"'V'o - , 2003, upon consideration of the ii' i' it foregoing Stipulation, it is ORDERED and DECREED that: 1. Article IV, Release of Support for Husband and Wife, section 4.1, of the ! , , I r I , l b H I l: I' Matrimonial Settlement Agreement dated December 18, 2001, is hereby rnodified to reflect that the spousal support to be paid by PlaintifflHusband to Defendant/Wife shall be reduced to the surn of Six Hundred Fifty Dollars ($650.00) effective March 1,2002 for the remainder of the thirty-six (36) month period from the date of the Decree in Divorce or until further rnodification during the 36 rnonths. 2. The parties shall exchange paystubs every three months upon request and their W-2's each year by February 15 of each year. Said exchange to be rnade through the parties' respective attorneys. 3. The remaining sections of said Matrirnonial Settlement Agreernent shall remain in full force and effect. BY THE COlJl(T: / ^", J. \ , . .1 ~, < "' ~~ (j'O IIIH , " l...) ....h.l; j b J;. , ;t :';\f:JTARY t't! :1: 55 l:'I'v,. vloIV'tr" -' .' (", "')1V ',..,,":," ':_i r.,......' vr..,JU/\ I j ,UENNSYLVAN/A l~ ~l .....'!"'1"'~~~-.,.....-"~ ~...,." I"" " "'_:m'J -~ ~=~ ~ ~~ 'M ~ ... "~ _~ih!MllI~~ , ~. - " I: I, Ii CHESTER G. BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA I: I:. I::' Ii :,1 I, iii ::j ,:' ~::! vs. : NO. 2000-4331 CIVIL TERM : CIVIL ACTION - LAW '" },.! :1 :i"i LISA A. BOWMAN, Defendant : IN DIVORCE " " STIPULATION TO MODIFY ALIMONY ii:! I!,! Ii:: (~'I "I ';i , r ~ 1. Plaintiff, Chester G. Bowman, is an adult individual currently residing at 624 ), i,! I': :::i '.1 ,I [:' , , I: p 1:1 ',1 r'i I .1 'I cI AND NOW, come Plaintiff, Chester G. Bowman, by and through his attorney, Lori K. Serratelli, Esquire, and Defendant, Lisa A. Bowman, pro se, who file this Stipulation to Modify Alimony, averring as follows: Browning Drive, Humme1stown, Dauphin County, Pennsylvania. 2. Defendant, Lisa A. Bowman, is an adult individual current residing at 225 West " fl [:! 3. The parties entered into a Matrimonial Settlement Agreement, dated December 13 'I fl II j1j ~:! 'I " Coover Street, Rear, Apartment 16, Mechanicsburg, Cumberland County, Pennsylvania. 18,2001. ::i 4. The parties' divorce became final with the issuance of the Decree in Divorce on December 20, 2001. 5. Article IV, Release of Support for Husband and Wife, section 4.1, of the Matrimonial Settlement Agreement indicates that Husband shall pay Wife the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00) per month for thirty-six (36) rnonths from the date of the final Decree. It further indicates that this amount may be modified only upon a - ~. . ... !-'i ;,' :: [,,: change of employment as determined by the then current guidelines of spousal support as H provided in the Pennsylvania Domestic Relations Code. c; ;'> 6. P1aintifflHusband's prior employment was terminated and he is currently I Ii H 7. Plaintiff and Defendant agree that the spousal support to be paid by po f'! f:; , [,1 f1 1:1 employed with a lesser salary. "f PlaintifflHusband to Defendant/Wife shall be reduced to the sum of Six Hundred Fifty Dollars I"~ l,j n l' ($650.00) effective March 1, 2002 for the remainder of the thirty-six (36) month period from the :'j :-: , . date of the Decree in Divorce or until further modification during the 36 months. 8. Any major modifications to this Stipulation shall be in writing. '(" ,:t 1'1 1:1 , I] II! '~ !-j I' :1' ':1 1 1 :i 'j I 1,; t. I" ( I [ [ , I ! f , I I 9. The parties shall exchange paystubs every three months upon request and their W-2's each year by February 15 of each year. Said exchange to be rnade through the parties' respective attorneys. 10. The parties agree to the entry of a Court Order in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. IN WITNESS WHEREOF, the parties and their counsel have set their hands and seals this bay Of'JV Nt,. 2003. WITNESSES: ~&' &-u - Chester G. Bowman Plaintiff e. __ Lori etelli, Esquire Atto ey for Plaintiff O~ ~ /J ~~ < LIsa A. Bowman Defendant