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Home My WebLink About98-02023 ... ~ ~ ~ ~ \. v J ~ \ " \ i I ! I / i l~ I ,/' .,,[ ,'~~- [' ... ~ - . .~ CJ IV) "'V 'Q C) 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Kathleen Carey Daley, Esquire, The provisions of this Agreement lInd their legal effect have been fully explained to Wife by her attorney, Constance p, Brunt, Esquire, The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations. and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and 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 illogal agreement or agreements, 6. TAX PROVISIONS The parties believe and agree, and have been 90 advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns, The parties have heretofore filed joint federal and state tax returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnitY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or fallures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, The parties further agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, not due to misrepresentation or failure to disclose separate income, they shall share equally in the payment of such tax, interest, penalty or expense incuITed in connection therewith. 7. PERSONAL RIGHTS Wife and Husband may 8nd shall, at all times hereafter, live separate and apart, They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmanied, Each may, for his or her separate use or benefit, conduct, S , carry on llIld engage in any business, occupation, profession or employment which to him or her may seem advisable, Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any mllans whatsoever with him or her. 8, MUTUAL RELEASES Except 8S otherwise expressly provided by this Agreement: A, Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all lights, agrellments and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, Neither party shall have any obligation to the other not expressly set forth herein, B, Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherWise, whether now existing or hereafter arising, The above release shall be effective regardless of whether such claims arise out oCany former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country, It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any Insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution heroof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or Iter will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 6 ","' 2l. EFFECr OF RECONCfUA TfON OR BCONcn .fA nON A TfEMn This Agreement shall remain in full force and effect even ifthe parties reconcile, cohabit as husband and wife, or attempt a reconciliation, This Agreement shall continue in full force and effect and there shall be no modification or waiver ohny of the tenns hereof unless the parties, in writing, signed by both partie." execute a statement declaring this Agreement or any term of this Agreement to be null and void, lO 4. AUTOMOBII,E& The parties were at tht! time of separation, the owners of various marital automobiles including a 1996 Pontiac Bonneville and a 1994 Ford Explorer, Husband and Wife agree that these automobiles shall be 'lhe sole and separate property of the person in whose name they are titled and each party waives any right, title or Interest they may have in the other parties' automobile, Each party shall be responsible for any loans on his or her vehicle distributed under this Agreement Wife agrees that the proceeds from the trade-in of the 1994 Ford Explorer is and shall remain the sole and separate property of Husband, Wife acknowledges that she has no legal or equitable interest in this property, 5. LIFE INSURANCE Husband agrees to maintain a policy of life insurance, retirement benefit, or other investment device, with a death benefit of at least $250,000,00, until such time as the parties' two children reach the age of twenty-three (23), These benefits shall name as its beneficiary a tmst created for the benefit of the parties' two children, This trust shall provide the trustee liberal discretion to spend principal and income from the trust for the health, support, maintenance and education, both post- secondary and graduate, of the ohildren, Husband shall supply the Wife with a copy of the trust instrument within thirty (30) days of date of the execution of this Agreement and within ten (10) days following the modification of the trust instrument After the children reach the age of twenty-three (23), Husband reserves the right to cancel the above death benefit or amend its named beneficiary, It is understood by Husband that he does not have the right to surrender, encumber, or plaoe a lien upon the corpus of this death benefit, while the tenns of this Agreement remain in force, In addition, Wife agrees to maintain a policy of life insurance, retirement benefit, or other investment device, with a death benefit of at least $250,000,00, until such time as the parties' two children reach the age of twenty-three (23), These benefits shall name as its beneficiary a trust created for the benefit of the parties' two children, This trust shall provide the trustee liberal discretion to spend principal and income from the trust for the health, support, maintenance and education, both post-secondary and graduate, of the children, Wife shall supply the Husband with a copy of the trust instrument within thirty (30) days of date of the execution of this Agreement and within ten (10) days following the modification of the trust instrument, After the children reach the age oftwenty-three (23), Wife reserves the right to cancel the above death benefit or amend its named benefioial)', 14 , LYNNI A. BOWBR', Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. I CIVIL ACTION - LAW STEPHINS C. BOWER, Defendant I No. 98-2023 Civil Term I IN DIVORCE ~IPE TO TRANSMIT RECORD To the Prothonotary: TransmH the record, together with the fOllowing information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: 4/20/98 by Acceptance Of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) .of the Divorce Code: By Plaintiff on 5/12/99; by Defendant on 5/6/99. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the Defendant I N/A. 4. Related claims pending: None. All claims have been resolved by Marital Settlement Agreement dated 5/12/99. 5. (Complete either (a) or (b).) ....""lIfi "'_I de 3, P1ClJ.lltJ.f" llta of th ~ Cllld Def e COrnrn elldClll t ~ ""n'h, onw''''h Ot "'., be,o h P".' 000 P'nn,,,, on, '0 'h, E"'og .'n" Eo, " Of thJ.a Cornp 1 <Ull t .fJ.qe 1:'eaJ._ leClSt sJ." " (6) 1.1., 1.988 , 4. 'l'he Pl ClJ.lltJ.ff J.ll the C Cllld Defend ornrnollwe 1 Clllt we1:'e CI th Of Pellllay 1 VClllJ.CI , rnCl1:'1:'J.ed Oil l/Ulle 5, 'l'he1:'e h Clve beell betweell t he PCl1:'t., ~es ClllllUlrnellt llo P1:'J.01:' ClCtJ.OI:S Of dJ.v01:'ce 01:' fo1:' 6, lJllJ. teq 8t Cites 'l'he P] ClJ.lltJ.ff of A rne1:'J.CCl, Cllld Defelld Clnt Cl1:'e bOth cJ.tJ.Zell~ ~ Of 'I, Of the lJnit ed 'l'he Def ellqCln t 8tCltes, J.s llOt CI rnF.!tnbe1:' Of the 111:'rned 8 e1:'vJ.cea 8. 'l'he of rniil1:'J.-J.Clge OOUllS01J. the C'OU1:'t . llg iilllq 1:'eCJuJ.1:'e <l CtJ. Oil P1Cl ' ~lltJ.ff h Cia beell ClqvJ.aeq Ullq Of e1:'atqlld the PCl1:'tJ. $ thClt Sh €'Is to e PCl1:'tJ.cJ.p CI t e J.n 9, 'l'he Pl ClJ.lltJ.ff J.s biilsed Cl1:'e the ClVClJ.1Clb'l J. J.ty rnCly 1:'eCJuest thClt cOUllsel ' J.ng. DJ. V01:'oe 1.0. Clve1:'G t~ "Clt th thqt th e gtoUllqS · -""'9' " . on wh'ch tJ, PlClJ.lltJ.ff .11:'1:'et1:'J.F.! e VClbly b "go.." 'h, 'Ok"" C'OU1:'t to ellte1:' CI D eC1:'ee J.ll 2 LYNNB A. BOWER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CtmBERLAND COUNTY, PENNSYLVANIA v. I CIVIL ACTION - LAW STBPHENS C. BOWER, Defendant I No. 98-2023 Civil Te~ I IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint. in Divorce under Section 3301(c) of the Divorce Code was filed on April 13/ 1998. 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 unde.rstand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: /nOJ~ /;;;/ J~Cj9 i~ L YNNB: A. BOWER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. I CIVIL ACTION - LAW STEPHENS C. BOWER, Defendant I No. 98-2023 Civil Term I IN DIVORCE !mIVER OF NOTJ;CE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDE~ i3301(Cl 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 r.ights 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 unt.i.l 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 t.o the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsificat.ion to authorities. DA1'E: /&0 IJ)/ /999 LYNNE A. BOWER, Plaintiff v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW STEPHENS C. BOWER, Defendant I No. 98-2023 Civil Term I IN DIVORCE AQQEPTANCm OF SER~ I, KATHLEEN CAREY DALEY / ESQUIRE / on behalf of Defendant, STEPHENS C. BOWER, accept service of a copy of the . Complaint in Divorce filed in the above-captioned matter and certify that I am authorized to do so. DATE I ~t:;:"O\ (qqy e KA HLEEN CAREY DAL Y / 10 9 Scenery Drive Harrisburg, PA 17109 Attorney for Defendant LYNNE A. BOWER, Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. I CIVIL ACTION - LAW STBPHENS C. BOWBR, Defendant I No. 98-2023 Civil Te~ I IN DIVORCB PRAECIPtt! TO LAWRENCE E. WELKER, PROTHONOTARY: Please mark as withdrawn and discontinued the Plaintiff's claim for equitable distribution as set forth in Count II of Plaintiff's Complaint filed herein on April 13, 1998, ;.J d~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. #29933 2941 North Front Street Harrisburg, PA 17110 (717) 232-7200 Attorney for Plaintiff DATED I S(I'f/9f