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IN THE COURT OF COMMON PLEAS
CF CUMBERLAND COUNTY
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PENNA.
STpTE OF
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Barbara L. Bowie, Plaintiff
No.
2006 - S - 01
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VERSUS
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Frederick J. Bowie, Jr., Defendant
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DECREE IN
DIVORCE
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it ~~Z,T~
~2." IT IS ORDERED AND
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, PLAINTIFF,
Barbara L. Bowie
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DECREED THAT
Frederick J. Bowie, Jr.
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AND
. DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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 E:NTERED;
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None.
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J.
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PROTHONOTARY .
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Al?R 1 1 ~003 ~
Jane Adams
ATTORNEY AT LAW
36 SOU1H PITT S1REET
CARliSLE, PA.17013
(717) 245-8508 voice
(717) 245-8538 fax
esaadams@ao1.com
April 9, 2003
Court..Administrator
Cumberland County Courthouse
One Gourthouse Square
Carlisle, Pa. 17013
Re: Bowie v. Bowie
No. 01 - 2006 Civil Term
Dear Court Administrator:
Enclosed please find a Domestic Relations Order regarding the above-
referenced matter. Please accept this Order and forward it to Judge Guido for his
signature.
Thank you for your kind cooperation and assistance in this matter. Please
contact me if there are any questions regarding the above.
Very truly yours
cc: Lois Bowie
Harold Irwin, Esquire
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MAR 1 9 2003 '4
Jane Adams
ATTORNEY AT LAW
36 SOUTH PITT STREET
CARLISLE, P A. 17013
(717) 245-8508 voice
(717) 245-8538 fax
esaadams@,aol.com
March 14, 2003
The Honorable Judge Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pa. 17013
Re:Bowie v. Bowie
No. 2001 - 2006Cfvl1'Term (Cumberland County)
Dear Judge Guido:
I would like to withdraw the two Qualified Domestic Relations Orders submitted in the
above-captioned case. I will resubmit the QDRO's upon obtaining the requested information
from the two companies.
Thank you for your assistance regarding this matter. Please do not hesitate to contact me
if you have any questions regarding the above.
cc: Hal Irwin, Esquire
Lois Feldpush
Very truly Yours~OJw\----
Adams, EsqUire
Jane Adams
ATTORNEY AT LAW
36 South Hanover Street
Carlisle, Pa. 17013
Phone:(717) 245-8508 Fax:(7!7) 245-8538
www.adamslaw.net
July 17, 2002
Robert Elicker, II, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17013
Re: Bowie v. Bowie
No. 01 - 2006 Civil Term (Cumberland County)
Dear Mr. Elicker:
Please relinquish jurisdiction in the above-referenced case as the parties have executed
Affidavits of Consent and Waivers of Notice and signed a Marriage Settlement Agreement.
Attorney Hal Irwin currently has time-stamped copies of the marriage settlement
agreement. I have not received my time-stamped copy yet. Please contact him if you require a
copy of the marriage settlement agreement.
Thank you for your attention to this matter. Please feel free to contact me if you have any
questions regarding the above.
IJA
cc: Lois Feldpush
Harold Irwin, Esquire
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LAW OFFICES OF
HAROLD S. IRWIN, III
ATTORNEY-AT-LAW
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HAROLD S.iRWIN, III
NATHAN C. WOLF
HITNER HOUSE, SUITES 201 and 202
35 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
HEATHER A. BARBOUR
RHONDA S. IRWIN
PARALEGALS
www.irwinlawoffice.com
e-mail: irwinlaw@epix.net
717-243-6090
PHONE
717-243-9200
FACSIMilE
FACSIMILE COVER SHEET
To:
Company:
Phone:
FAX:
Bob Elicker
Office of Divorce Master
240-6535
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From:
Phone:
Fax:
HAL IRWIN
717-243-6090
717-243-9200
Date: November 15, 2001
Pages including this
cover page: 1
RE: Bowie v. Bowie
Dear Bob - Contrary to Attorney Jane Adams, discovery is not complete in this case. In
fact, since I thought all along that we were going to be able to settle this case, virtually
no discovery has taken place. We are proceeding at this time with discovery and will file
"certification" when it is complete. Hal
';~;(
NOTE: If you did not receive all of the pages or if you have any problem with the clarity of this fax. please call us at the
number listed on this letterhead. THANK YOUI
CONFIDENTIALITY NOTICE: This. fax contains confidential information which may also be legally pr privileged. It is
intended only for the use of the addressee. named above. If you are not the intended recipient, or the employee or agent
responsible for deliver,ing it to the in~nded recipient, you are hereby notified that any dissemination 0_1 copying of this fax
or the taking of a'ny action on the reliance on the contents of this telecopied information may be strictly prohibited. If you
receive this fax in error, pleas8'notify_ us imm!!!diately by:telephone and return the entire fax to the above address via the
US postal Service. THANK YOUI .
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BARBARA L. BOWIE,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 2006 CIVIL
FREDERICK J. BOWIE, JR.,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Jane Adams , Counsel for Plaintiff
Barbara L. Bowie , Plaintiff
Harold S. Irwin, III , Counsel for Defendant
Frederick J. Bowie, Jr. , Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 19th day of April 2002, at 9:30 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of
settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice:
April 8, 2002
E. Robert Elicker, II
Divorce Master
PRIOR TO THE CONFERENCE, COUNSEL SHOULD PROVIDE THE MASTER
WITH SPREADSHEETS IDENTIFYING THE ASSETS AND THE VALUES.
THE SPREADSHEETS SHOULD ALSO INCLUDE A SUMMARY OF MARITAL
DEBTS.
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Jane Adams
ATTORNEY AT LAW
117 South Hanover Street
Carlisle, Pa. 17013
Phone:(717) 245-8508 Fax:(717) 245-8538
www.adamslaw.net
March 26, 2002
Robert Elicker, 11, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17013
Re: Bowie v. Bowie
No. 01 - 2006 Civil Term (Cumberland County)
Dear Mr. Elicker:
1 am representing Plaintiff, Lois Bowie in the above-referenced matter.
On October 8, 2001, I filed a Motion for Appointment of a Master in this matter. I
received your discovery form and certified discovery on October 26, 2001. Harold Irwin,
Attorney for the Defendant, did not certify that discovery was complete, and served
Interrogatories upon my client on November 21, 2001. On December 17, 2001 I provided a
response to Defendant's Interrogatories.
Since December, the parties have entered into settlement negotiations. It currently
appears that the negotitations have stalled. Therefore, we are requesting that a conference be
scheduled in this matter. At this time, I am not aware of any outstanding discovery requests from
the Defendant but will respond to such requests promptly upon receipt.
Thank you for your kind cooperation regarding the above. Please contact me if you have
any questions regarding this matter.
Very truly yours,
/JA
cc: Lois Bowie
Harold Irwin, Esquire
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Jane Adams
ATTORNEY AT LAW
117 South Hanover Street
Carlisle, Pa. 17013
Phone:(717) 245-8508 Fax:(717) 245-8538
www.adamslaw.net
October 26, 2001
Robert Elicker, II, Esquire
Divorce Master
9 N. Hanover 8t.
Carlisle, Pa. 17013
Re: Bowie v. Bowie
No. 01 - 2006 Civil Term (Cumberland County)
Dear Mr. Elicker:
Enclosed please fmd my discovery certification in the above-referenced case which
indicates that discovery is complete.
Thank you for your kind cooperation regarding the above. Please contact me if you have
any questions regarding this matter.
~:='Q~
Ta(:JA~s~ Esquire
/JA
cc: Lois Bowie
Harold Irwin; Esquire
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BARBARA L. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: No. C> 1- J.OOJ,..
Civil Term
FREDERICK 1. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
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.
Where 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
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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
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BARBARA 1. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. Of. .2J70(,.
Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
COMPLAlINT IN DIVORCE
I. Plaintiff is Barbara 1. Bowie, an individual sui juris, who has resided at 44 Wheatfield
Dr., Carlisle, Cumberland County, Pennsylvania, 17013, since 1995.
2. Defendant is Frederick J. Bowie, Jr., an individual sui juris, who has resided at the
Treeview Apartments, Harrisburg, Dauphin County, Pennsylvania, since 2000.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing ofthis Complaint.
4. The Plaintiff and the Defendant were married on June 6,1964 in Woodlawn,
Maryland.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to request that the court require the parties to participate in counseling.
7. Plaintiff and Defendant have no children together.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
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10. The Plaintiff avers that the grounds on which this action is based are:
(a) That the marriage is irretrievably broken; and/or
(b) That the Defendant has offered such indignities to the Plaintiff, the innocent
and injured spouse, 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
11. 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.
12. Plaintiff and Defendanthave 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 arid personal, owned by the parties hereto
as marital property.
I verify that the statements made in this Complaint 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.
fJ~4'.~
Barbara 1. Bowie, Plaintiff
Respectfully submitted,
Date:~!J '(/1
Adams, sqrre
. No. 79465
117 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATIORNEY FOR PLAJNTWF
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OCT 2 9 2001
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BARBARA L. BOWIE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2006 CIVIL
FREDERICK J. BOWIE, JR.,
Defendant
IN DIVORCE
TO: Jane Adams
Attorney for Plaintiff
Harold S. Irwin, III
Attorney for Defendant
DATE: Monday, October 15, 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.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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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.
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P.B3
BARBARA L. BOWIE,
Plainti IT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
vs.
: No. 01 - 2006
Civil Term
FREDERICK 1. BOWIE, JR.
Defendant
: AC110N IN DIVORCE
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AFFIDA "T OF ACCEPTANCE OF SERVJC~
PURSUANT TO PA.R.C.P4 02(8) AND PA.R.C.P.1926.4
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. . I, Frederick J. Bowie, Jr., Defendant, h.ereby accept service oftnc Complaint in P\I.4' ';;'.
. filed under the above-captioned number which was served via ccrti lied mail on April 9; 4aI~
Date: b~ I/~ 0/
fendallt
ORIGINAL
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BARBARA L BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No. 01 - 2006
Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE,
MOTION FOR APPOINTMENT OF MASTER
Eo. ,.),o.~ L, f,D \VI'P , (Plaintiff)(D~r6MdB"lJ moves this Court to appoint a master
with respect to the following claims:
( ) Divorce
( ) Annulment
(K) Alimony
( ) Alimony Pendente Lite
(XJ) Di~tribution of Property
( ) Support
( ) Counsel fees
( ) Costs and Expenses
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,
H (2) The Defendant (has)(Ras ~ot) appeared in the action (personally)(by his attorney,
A&5rA) Tf-V: tv , Esquire). '
(3) The statutory ground(s) for divorce (is)(are) 3:5 0 I (c- ') &
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested,
(b) An agreement has been reached with respect to the following claims:
nON e-
(c) The action is contested wtih repsect to the following claims:
(5) The action (iRvel"8s)(does not involve) complex issues of law or fact.
(6) The hearing is expected to take < . .(days)(hours).
(7) Additional information, if any, relevant to the motion:
Date:
J Adams, Esquire
P\ orney for (Plaintiff)(Defendant)
"2-4 <;' - 'iF.s-o g-
ORDER APPOINTING MASTER
AND NOW, this o..~!(!,,0~ Robert Elicker, Esquire, is appointed Master with
repsect to the followin!;! clafms: 6iU.-
BY THE COURT:
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BARBARA L. BOWIE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 2006 Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME.
To the Prothonotary:
Notice is hereby given that the Plaintiff in the above matter:
X prior to the entry of a Final Decree in divorce.
OR _ after the entry of a Final Decree in Divorce
hereby elects to resume the prior surname of FELDPUSH and gives this written notice
avowing her intention pursuant to the provisions of 54 P.S. s704.
Date: /~?~6~
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Barbara L. Bowie, Plaintiff
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Barbara L. Feldpush, aintiff
Signature of Name being resumed.
COMMONWEAL THOF PENNSYLVANIA )
):ss
COUNTY OF CUMBERLAND )
On this, the <2 th day of V v L , 2002 before me, the undersigned
officer, personally appeared BARBARA L.-B6WiEiBARBARA L. FELDPUSH known to
me, (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I h
d official seal.
ry Public JAN NOTARIAL SEAl..
CarlislE i:AMS, NotalYPubllc
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BARBARA L. BOWIE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 2006 Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on
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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.
Date: ? Ii, B~
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Barbara L Bowie, Plaintiff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 63301/cl OF THE DIVORCE 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. 94904 relating to unsworn falsification
to authorities.
Date:
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Barbara L Bowie, Plaintiff
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BARBARA L. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Y.
: CIVIL ACTION. LAW
FREDERICK .J. BOWIE, .JR.,
Defendant
: NO. 01 .2006 CIVIL TERM
: IN DIVORCE
DEFENDANT"S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was
filed in this matter on or about April 5, 2001 and served upon defendant on or about
April 9, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of the service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the divorce.
I verify that the statements made in this affidavit are true and correct.
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904 relating to unsworn falsification to authorities.
jL/Y CJ) 2002
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BARBARA L. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
FREDERICK J. BOWIE, JR.,
Defendant
: NO. 01 . 2006 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301~ OF TH~ DIVOR~j5 CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true and correct.
understand that false statements herein are made subject to the penalties of18 Pa. C. S.
Section 4904 relating to unsworn falsification to authorities.
.J~r 9, 2002
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BOWIE V. BOWIE
Four-party conference - April 19, 2002
Asset List
Marital Home Value Amount Owed
Marital Home Paid $134,000 in 1995 Owe $70,000.
Home Equity Loan Owe $13,000
Lois's Retirements
Lois's Federal Pension $10,332/year
Prudential IRA $16,945.08
Fidelity 401 k $6,037.34
Rick's Retirements
Prudential IRA $49,119.99
Sperry/Unisys pension $669/mo starting 2009.
Fidelity 401 k $19,556.00
Accounts
PNC Checking $689.00
PNC Savings $3,830.83
PNC CD $12,387.56
Mass Mutual - savings $3,864.37
Vehicles
1998 Toyota Camry (Lois) $10,100.00 $2,300.00
1996 Blazer (Rick) unknown unknown
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BARBARA L. BOWIE
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
..
Plaintiff
CIVIL ACTION - LAW
VS.
NO. 01 - 2006
CIVIL
19
FREDERICK 1. BOWIE, JR.
IN DIVORCE
Defendant
STATUS SHEET
DATE:
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BARBARA L. BOWIE,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2006 CIVIL
FREDERICK J. BOWIE, JR.,
Defendant
IN DIVORCE
TO: Jane Adams
Attorney for plaintiff
Harold S. Irwin, III
Attorney for Defendant
DATE: Monday, October 15, 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.
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.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR 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.
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BARBARA 1. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 2006
Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
OUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS, Frederick J. Bowie, (the "Participant"), and Barbara 1. Feldpush (formerly
known as Barbara 1. Bowie, also the "Alternate Payee"), have agreed to the division of marital
property, which agreement provides for the entry of a Domestic Relations Order (the "Order") to
provide for the division and disposition of the accrued benefits of the Participant under the
Unisys Pension Plan (plan No. 005)(the "Pension Plan"), a defined benefit pension plan, which is
maintained and administered by Unisys Corporation (Employer Identification Number
38-0387840) and to grant to the Alternate Payee rights to such benefits in such amounts and on
the terms and conditions prescribed in this Order and in the Plan; and
WHEREAS the Participant has an accrued benefit in the Pension Plan payable in the form
of a single life annuity and he was 100% vested in such accrued benefit; and;
WHEREAS, the Participant has separated from the service ofUnisys Corporation, and
has not attained his "earliest retirement age" under the Plans as such term is defined in Section
414(P)(4) of the Internal Revenue Code of 1986 ("the Code") and section 206(d)(3)(E) of the
Employee Retirement Income Security Act (ERISA) and;
WHEREAS, the Pension Plan does not provide for payment of benefits thereunder in the
form of lump sum cash payments, lump sum in-kind distributions, or the payment of subsidized
early retirement benefits to the Alternate Payee, so that the Alternate Payee is only eligible to
receive a portion of the Participant's benefits in the form of a single life annuity (or in the
actuarial equivalent annuity fOrIn of payment) commencing, upon the request of the Alternate
Payee, on or after the Participant's attainment of the Earliest Retirement Age under the Pension
Plan, and ;
WHEREAS, this Order is intended to be a Qualified Domestic Relations Order "QDRO"
as that term is defined in sectin 414(P) ofthe Code and section 206(d)(3) of ERISA.
NOW THEREFORE it is hereby ORDERED and DECREED as follows:
1. Amount of Benefits to be Distributed to Alternate Payee:
The Alternate Payee shall be entitled to receive a benefit under the Pension Plan, the
amount of which can be provided by 50% of the actuarial present value of the Participant's
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f benefit under the Pension Plan as reflected in the April I , 2001 valuation. It is understood that
the swn of the Alternate Payee's benefit and the Participant's benefit as of April 2, 2001 (the date
after the above valuation date) will be less than the. amount of April 1, 2001, (the valuation date)
to reflect the increased cost to the Pension Plan of providing a benefit in addition to the normal
form of benefit which is a single life annuity payable for the life of the Participant and
commencing at the Participant's Normal Retirement Age and to reflect commencement of
benefits prior to the Participant's Normal Retirement Age under the Plan.
2. Time and Manner ofPavment. As soon as practicable after the Effective Date, the
Plan Administrator shall establish a benefit under the Pension Plan for the Alternate Payee, the
amount of which shall be determined pursuant to Section 1 hereof and the payment of which
shall commence, upon request of the Alternate Payee, on or after the first day of the month
following the Participant's attainment of the Earliest Retirement Age under the Pension Plan.
The Alternate Payee shall have the right to elect distribution of the Alternate Payee's benefit
determined under Section 1 in any such form as is allowed the Participant under the Pension
Plan, other than in the form of a joint and survivor annuity payable to the Alternate Payee and the
Alternate Payee's spouse.
3. Addresses. The name and current mailing address of the participant is as follows:
Frederick 1. Bowie
SSN:2l4-42-l854
6806 v.Lu6/fp1/~'L PIC. /Iff. G
DOB: 1/21/44
Harrisburg, Pa.
1'7//(
The name and current mailing address of the Alternate Payee is:
Barbara L. Feldpush
SSN:2 1 7-40-4277
44 Wheatfield Drive
DOB: 1/1/44
Carlisle, Pa. 17013
The Alternate payee shall keep the Plan Administrator informed of his or her current
address. Notice of any change of address shall be made in writing to the following address:
Unisys Corporation Benefits Center
P.O. Box 770003
Cincinnati, OH 45277-0070
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4. Death of the Alternate Payee. In the event the Alternate Payee dies before all the
benefits from the Pension Plan are paid to her under this Order, all such payments shall cease.
The beneficiaries, if any, shall be paid in accordance with the election designated on the
Alternate Payee's Pension Plan Option Election Form.
5. Death of the Particinant. The death of the Participant prior to the death of the
Alternate Payee shall not alter the Alternate Payee's rights hereunder to receive payment of
amounts set forth in Section 1 hereof, which are payable for the Alternate Payee's lifetime.
6. Liability for Income Taxes. The Alternate Payee shall be solely responsible for, and
bear the burden of, all federal income taxes, penalties, and interest payable with respect to actions
undertaken pursuant to this Order.
7. Cash-Out of Alternate Payee's Benefit. Notwithstanding any other provision of this
Order, if the present value of the Alternate Payee's Benefit determined under section I is less
than or equal to $5,000.00 at the time that the Alternate Payee commences to receive benefits
under the Pension Plan, then the Alternate Payee's benefit shall be paid in a single sum payment
in accordance with the terms of the pension plan.
8. Plan Administrator. A copy of this order shall be mailed promptly (return receipt
requested) to the Plan Administrator. If this Order has been predetermined by the Plan
Administrator to constitute a Qualified Domestic Relations Order, then the Plan Administrator
shall promptly carry out its provisions. If this Order has not been determined by the Plan
Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall,
within a reasonable time after receipt of this Order, determine whether this Order is a Qualified
Domestic Relations Order and notifY both the Participant and the Alternate Payee of such
determination. During the period in which such determination is being made, the Plan
Administrator shall comply with all requirements imposed upon him by sectin 414(p )(7) ofthe
Code and Section 206(d)(3)(H) of ERISA. If the Plan Administrator determines that this Order
is not a Qualified Domestic Relations Order, then he shall immediately notifY both the
Participant and the Alternate Payee of such determination and the reasons therefor.
9. Continuinl!: Jurisdiction. This court shall retain jurisdiction to make any changes in
this Order to the extent required to carry out the intent of the parties as provided in this Order and
the Agreement.
Witnesseth:
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Barbara 1. Feldpush, Al ernate Payee
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Harold Irwin, III, Es
35 E. Hitner House
Carlisle, Pa. 17013
(717) 243-6090
Dated: l).' \ D. ()~
ORDERED and DECREED this
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1 mate Payee's Attorney
Jane Adams, Esquire
36 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Dated: \J.- 'l\)- O~
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Synertech/Fidelity QDRO.wpd
BARBARA 1. BOWIE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 2006
Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
ACTION IN DIVORCE
DOMESTIC RELATIONS ORDER
WHEREAS, Frederick J. Bowie, the "Participant" and Barbara 1. Feldpush (formerly
known as Barbara 1. Bowie, also the Alternate Payee) have agreed to the division of marital
property pursuant to State domestic relations law, which agreement provides for the entry of a
Domestic Relations Order (the "Order") to provide for the division and disposition of the account
balances of the Participant under a savings plan sponsored by Synertech which is maintained by
Fidelity Investments and to grant the Alternate Payee rights to such benefits in such amounts and
on the terms and conditions prescribed in this Order and in the Plans; and
WHEREAS, the value of the Participant's account balances in the Fidelity 40 1 (k) Plan as
of April 1, 2001, equals $20,794.05;
WHEREAS, the Savings Plan allows for immediate distributions of an Alternate Payee's
interest in the Savings Plan; and
WHEREAS, this Order is intended to be a Qualified Domestic Relations Order
("QDRO") as that term is defined in Section 4l4(p) of the Code and section 206(d)(3) of ERISA.
NOW THEREFORE, it is hereby ORDERED and DECREED as follows:
1. Amount of Benefits to be Distributed to Alternate Pavee.
The Alternate Payee shall be entitled to receive 50% of the Participant's Non-frozen
Account Balances in the Savings Plan as of April I , 200 I, together with earnings (or losses) on
that amount from that date until the date of actual distribution. Distributions required in order to
comply with the terms of this Order will be made pro rata from each of the investment funds in
which the Participant's accounts are invested. In the event any portion of the Participant's
accounts is frozen, the Alternate Payee shall be allocated 50% of such frozen amount as of April
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1, 2001, which shall be distributed to the Alternate Payee as soon as practicable after any such
frozen assets are released for distribution.
2. Time and Manner ofPavment.
The amounts set forth in Section 1 as payable from the Savings Plan shall be segregated
in an account in the name of the Alternate Payee as soon as practicable after the Effective Date of
the Order which shall be the date the Plan Administrator has determined pursuant to Paragraph 7
hereof that this Order is a Qualified Domestic Relations Order within the meaning of 414(P) of
the Code and Section 206( d)(3) of ERISA, or, if such Plan Administrators have predetermined
that this Order constitutes a Qualified Domestic Relations Order, then immediately after enter of
this Order.
3. Addresses.
The name and current mailing address of the Participant is as follows:
Frederick J. Bowie
SS~:214-42-1854
6806 Clubhouse Dr. Apt E
Harrisburg, Pa. 17111
The name and current mailing address of the Alternate Payee is:
Barbara L. Feldpush
SS~: 217-40-4277
44 Wheatfield Dr.
Carlisle, Pa. 17013
The Alternate Payee shall keep the Plan Administrator informed of his or her current
address. ~otice of any change of Address shall be made in writing to the Plan Administrator of
the Savings Plan addressed as follows:
Synertech Health Systems
c/o Carol Flurry
2400 Thea Drive
Harrisburg, Pa. 1711 0
4. Death of Alternate Pavee.
In the event the Alternate Payee dies before all the accounts from the Savings Plan are
distributed to him or her under this Order, any amounts not yet distributed from the Savings Plan
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shall be paid to the beneficiary designated by the Alternate Payee. If the Alternate Payee has not
designated a beneficiary, any amounts not yet distributed from the Savings Plan shall be paid in
accordance with the Plan's procedures.
S. Death of the Particioant.
The death of the Participant prior to the death of the Alternate Payee shall not alter the
Alternate Payee's rights hereunder to receive payment of amounts set forth in Section I hereof.
6. Liability for Income Taxes.
The Alternate Payee, shall be solely responsible for, and bear the burden of, all state,
federal, and any other income taxes, penalties, and interest payable with respect to amounts
distributed to the Alternate Payee undertaken pursuant to this Order.
7. Plan Administrator.
A copy of this Order shall be mailed promptly (return receipt requested) to the Plan
Administrator. If this Order has been predetermined by the Plan Administrator to constitute a
Qualifed Domestic Relations Order, then the Plan Administrator shall promptly carry out its
provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified
Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after
receipt of this Order, determine weather this Order is a Qualified Domestic Relations Order and
notify both the Participant and the Alternate Payee of such determination. During the period
which such determination is being made, the Plan Administrator shall comply with all
requirements imposed upon him by Section 414(P)(7) of the Code and Section 206(d)(3)(H) of
ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic
Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of
such determination and the reasons therefor.
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8. Continuing Jurisdiction.
This Court shall retain jurisdiction to make any changes in this Order to the extent
required to carry out the intent of the parties as provided in this Order and in the Agreement.
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Alternate Payee
Harold Irwin, ill, Esquire
35 E. Hitner House
Carlisle, Pa. 17013
(717) 243-6090
ORDERED and DECREED this
ane Adams, Esquire
36 South Pitt Street
Carlisle, Pa. 17013
(717) 245.8508
Dated: J- dD -03
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R_mentSaylng& statement
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stalement Period~ 4f1J2001 ~ 411/2D01
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$20,794.05
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BARBARA 1. BOWIE,
Plaintiff
JUL 1 1 2003 f}/
Prudential QDRO.wpd
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 2006
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
ORDER
I .ljL II. .L-
AND NOW, this '" day of F . fT
Stipulation and Agreement dated J\.A 'i ~ I) ~
~} .
incorporated, but not merged into this Order of Court.
Civil Term
, 2003, the attached
of the parties in this case is
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rRUE COpy FROM RECORD
In Testfmony whereof. I hereunto set my hand
ani till 50i1 of said C at Carllsle~
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Prudential QDRO.wpd
BARBARA L. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS "
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 2006
Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
DOMESTIC RELATIONS ORDER
WHEREAS, Frederick J. Bowie, the "Participant" and Barbara L. Feldpush (formerly
known as Barbara 1. Bowie, also the Alternate Payee) have agreed and stipulated as follows;
WHEREAS, this Order is intended to be a Qualified Domestic Relations Order
("QDRO") as that term is defined in Section 414(P) ofthe Code and section 206(d)(3) of ERISA;
NOW THEREFORE, it is hereby ORDERED and DECREED as follows:
1. The Defendant, Frederick J. Bowie (hereinafter referred to as "Member").has a
personal IRA account sponsored by Prudential Financial, contract no. E0068580.
2. Member's date of birth is: January 21, 1944 and his social security no. is 214-42-1854.
3. The Plaintiff, Barbara 1. Feldpush, (hereinafter referred to as "Alternate Payee") is the
former spouse of Member. Alternate Payee's date of birth is: January 1, 1944, and her social
security no is. 217-40-4277.
4. Member's last known mailing address is: 6806 Clubhouse Dr. Apt E, Harrisburg, Pa.
17111.
5. Alternate Payee's current mailing address is: 44 Wheatfield Dr., Carlisle, Pa. 17013
6. (a) The marital property component of Member's IRA benefit is $49,119.99.
(b) $24,560.00 of the marital property component of Member's IRA is to be allocated
to the Alternate Payee as her equitable distribution portion of this marital asset.
7. Alternate payee: The portion attributed to the alternate payee shall be transferred to a
tax deferred account in her own name thus making this a tax-free transfer. Alternate payee shall
be solely liable for any taxes subseauent to the transfer of these funds.
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8. The parties intend and agree that the terms of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
9. The Court of Common Pleas of Cwnberland County, Pennsylvania, shall retain
jurisdiction to lIIllend any Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order.
10. Upon entry of a Domestic Relations Order, a certified copy of the Domestic
Relations Order and this Stipulation and Agreement and any attending docwnents shall be served
upon FredericK J. Bowie and Barbara L. Feldpush immediately.
WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation
and Agreement, do hereunto place their hands and seals:
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Frederic . Bowie
Defendant/Member
.IiuIxUAJ or .tf.i~
Barbara L. Feldpush I
Alternate Payee
Harold Irwin, III, squir
35 E. Hitner House
Carlisle, Pa. 17013
(717) 243-6090
Dated: 7-1f' 0.3
I e Adams, Esquire
36 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Dated: '7-IOr03
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n.., I'm.!.."/;,,J /1I:1II1"ll""" e"'''I''''''' "I,\m..rkll
I'rudcmial Anuuity SI!r\'il:I!' Cllmcr
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FREDERICK L BOWIE JR
44 WHEA TFIELD DR
CARLISLEPA 17013
Quarterly Statement
Accounl Slalerneni 10 March 31. 2001
Owner: FREDER[CK J. BOWIE JR
Annuitant: FREDERICK J. BOWIE JR
Contract Number: E0068580
Contract Date: 03/10/[998
Type of Contract: Discovery SeleCI
Market: IRA
~fyoJ.l have all}' questions. please contact your Pruco Securities Corp. Represematit'::?, PA,TRlc:K j. [lOSENELl..A, al (717 j 975~150
or/he Prudenlial Ann uily Sen-ice Center roll free at (888) 778-2888. Pl1llll Seeariries Corp. ae/ed as agent ill/his a'mlSae/iall.
Please relain lhis statement for your records.
Although great care has been taken in preparing this statement, we re..rve the right to amend the stalement as needed.
!Account Sununary as of 03/31/2001
Investment Option(s)
Prudential Diversified Bond
Prudential Equity
Prudential High Yield Bond
Prudential Jennison
Janus Aspen Series1nt'I Growth
MFS Emerging Growth Series
OCC Accumulation Trust - Small Cap
Total Contract Fund Value
Number of Units
9.568.61326
6,051.61619
6.186.22082
5.184.57251
2,690.62574
1,578.61400
1,688.63633
Unit Value
1.318140
\.621310
].] 83840
1.905400
1.760860
1.494480
1.419170
Contract Fund Value
$ 12.612.77
9,811.55
7.323.50
9.878.68
4,737.82
2,359.21
2,396.46
$ 49,119.99
IContract Activity 01101/2001 - 03/31/2001
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JUL 1 1 2003 {}
Prudential QDRO.wpd
BARBARA L. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 2006
Civil Term
FREDERICK 1. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
ORDER
AND NOW, this ,t/il. dayof~
Stipulation and Agreement dated ..b.A 'i ~ (> ")
~ }
incorporated, but not merged into this Order of Court.
, 2003, the attached
of the parties in this case is
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rRUE COPY FROM RECORD
In Testimony Whereof,I here unto set my hand
ani the. seal of sald C at Cirl'~l- a.,
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Prudential QDRO,wpd
BARBARA L. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS '.
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 2006.
Civil Tenil
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
DOMESTIC RELATIONS ORDER
WHEREAS, Frederick J. Bowie, the "Participant" and Barbara L. Feldpush (formerly
known as Barbara 1. Bowie, also the Alternate Payee) have agreed and stipulated as follows;
WHEREAS, this Order is intended to be a Qualified Domestic Relations Order
("QDRO") as that term is defined in Section 414(P) of the Code and section 206(d)(3) of ERISA;
NOW THEREFORE, it is hereby ORDERED and DECREED as follows:
1. The Defendant, Frederick J. Bowie (hereinafter referred to as "Member").has a
personal IRA account sponsored by Prudential Financial, contract no. E0068580.
2. Member's date of birth is: January 21,1944 and his social security no. is 214-42-1854.
3. The Plaintiff, Barbara 1. Feldpush, (hereinafter referred to as "Alternate Payee") is the
former spouse of Member. Alternate Payee's date of birth is: January 1, 1944, and her social
security no is. 217-40-4277.
4. Member's last known mailing address is: 6806 Clubhouse Dr. Apt E, Harrisburg, Pa,
17111.
5. Alternate Payee's current mailing address is: 44 Wheatfield Dr., Carlisle, Pa. 17013
6. (a) The marital property component of Member's IRA benefit is $49,119.99.
(b) $24,560.00 of the marital property component of Member's IRA is to be allocated
to the Altefllate Payee as her equitable distribution portion of this marital asset.
7. Alternate payee: The portion attributed to the alternate payee shall be transferred to a
tax deferred account in her own name thus making this a tax-free transfer. Alternate payee shall
be solely liable for any taxes subsequent to the transfer of these funds.
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8. The parties intend and agree that the terms of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
9. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Qrder incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order.
10. Upon entry of a Domestic Relations Order, a certified copy of the Domestic
Relations Order and this Stipulation and Agreement and any attending documents shall be served
upon Frederick J. Bowie and Barbara L. Feldpush immediately. .
WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation
lIIld Agreement, do hereunto place their hands and seals:
"
p.," ..
- / ,v.--:
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Frederic . Bowie
DefendimtlMember
/iulxuA-J.{ .J,tf11~
Barbara 1. Feldpush
Alternate Payee
Harold Irwin, ill, squir
35 E. Ritner House
Carlisle, Pa. 17013
(717) 243-6090
Dated: 7- f'f. "3
,
~-"~ ~,~-~^
I e Adams, Esquire
36 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Dated: ')- (0-03
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~.. Prudential
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TI1<:1'ru<kuliallno;uraoccCl>Il>pan)'oIAnlCril:a
I'rue'" Ulc'l,l....rn'!<:c COJllI'UII.", a ~lUd. l,.lml1anr ~uh"".11:Jl)' ,,1'
nu' ",.,..lrlll;<lllllllUllIWr ("1'I"/I</III"if ,\mrri"lI
l'nll~ntial AUl1uily Scr\'k~ Cllntcr
"011.)\1'11111
l'hil;ukl.,hi".\''\ 1/'1ll1
FREDERICK J. BOWIE JR
44 WHEATFlELD DR
CARLlSLEPA 17013
Quarterly Statement
Accounl Stalement 10 MarchJl. 2001
Owner: FREDERICK J. BOWIE JR
Annuitant: FREDERICK J. BOWIE JR
Contract Number: E0068580
Contract nate: 03/10/1998
Type of Conlract: Discovery Select
Market: IRA
~fyolt have all)' qiiesticms. pleqse contact your Pruco Securities Cmp. Representative. PA"TRICJ:]. ROSENELl.A, at (7]7 J 975-8150
or the Prudenlia/Annuity Service Center lOll free a/ (8881778-2888. Pn"" Se/'wines Corp. acted as agem ill/his n'mlsac/ioll.
Please retain this statement for your records.
Although great care bas been laken in preparing this slatement. we reserve tbe right to amend the slatement as needed.
IAccount Summary as of 03/31/2001
Investment Option(s)
Prudenlial Diversified Bond
Prudential Equity
Prudential High Yield Bond
Prudential Jennison
Janus Aspen Series Inl1 Growth
MFS Emerging Growth Series
OCC AcculIUllation Trust - Small Cap
Total Contract Fund Value
Number of Units
9.568.61326
6.051.61619
6.186.22082
5.184.57251
2,690.62574
1.578.61400
1.688.63633
Unit Value
1.318140
1.621310
1.l83840
1.905400
I.7 60860
1.494480
1.419170
Contract Fund Value
$ 12.612.77
9,811.55
7,323.50
9.878.68
4,737.82
2.359.21
2,396.46
$ 49,119.99
ICon tract Activity 01/01/2001. 03/31/2001
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MARRIAGE SETTLEMENT AG'REEMiENT
THIS AGREEMENT made this ~day of Ju~'il\ 2002, by and between
,
FREDERICK J. BOWIE, JR. (hereinafter referred to as "HlJ::'BAND") and BARBARA
L. BOWIE (hereinafter referred to as "W~FE").
WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on .."lne
6,1964; and
WHEREAS, the parties hereto have agreed to settle fully and finally their
respective financial and property rights and obligations as between each other,
including, without limitation by specification; the settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; the
settling of all claims and possible claims by one against the other or against their
respective estates and equitabLe distributi~;' of property and alimony for each party.
NOW, THEREFORE, in consideration of the promises and the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree
as follows:
1 . The parties intend to maintain separate and permanent domiciles and to
live apart from each other. It is the intention and purpose of this agreement to set forth
the respective rights and duties of the parties while they continue to live apart from each
other.
2. The parties have attempted to divide their matrimonial property in a
manner that conforms to a just and right standard, with due regard to the rights of each
party. It is the intention of the parties that such division shall be final and shall forever
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determine their respective rights. The division of existing marital property is not
intended by the parties to constitute in any way a sale or exchange of assets.
3. Further, the parties shall continue living separately and apart from each
other at any place or places that he or she may select. Neither party shall interfere with
the other party in any manner whatsoever. Each party may carry on and engage in any
employment, profession, business or other activity as he or she may deem advisable for
his or her sole use and benefit without interference from the other party. Neither party
shall interfere with the uses, ownership, enjoyment or disposition of any property now
owned and not specified herein or property hereafter acquired by the other.
4. The consideration for this contract and 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 other. 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.
5. DEBTS: It is further mutually agreed by and between the parties that the
debts be paid as follows:
A. The HUSBAND shall assume all liability for and pay and indemnify
the WIFE against any of his individual debts and the parties joint home equity
loan.
B. The WIFE shall assume all liability for and pay and indemnify the
HUSBAND against any of her individual debts as well as the parties' joint
mortgage obligation.
C. The parties agree that they have no other joint obligations.
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6. Except as herein provided, the parties agree that they have previously
divided their personal property to their mutual satisfaction. No payment shall be made
by either party to the other as a result of the division of property contained herein. The
parties agree that this division is fair and equitable, and is voluntary and made without
duress by or upon either party. The parties further agree that henceforth, each of the
parties shall own, have and enjoy independently of any claim or right of the other party,
all items of personal property of every kind, nature and description and wherever
situated, which are now owned or held by or which may hereafter belong to the
HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same
as fully and effectually, in all respects and for all purposes as if he or she were
unmarried. The following division of specific items of personal and real property will be
equitably distributed as follows:
A. REAL ESTATE: No later than April 1 ,2004, the parties will list the
marital home, located at 44 Wheatfield Drive, Carlisle, Cumberland County,
Pennsylvania 17013, for sale with a real estate broker. Both parties will use their
best efforts to market and sell the home after the listing. Upon final settlement,
the net proceeds from the sale of the home will be divided equally between the
parties. The payoff on the parties' joint home equity loan will be deducted from
HUSBAND's share of the proceeds. Pending final settlement on the sale of the
marital home, WIFE shall have sole and exclusive possession of the marital
home and shall be responsible for all maintenance, taxes, insurance and other
expenses incident thereto.
B. PERSONAL PROPERTY:
1.) Pension and Retirement Accounts - HUSBAND shall
retain any Unisys pension or retirement account now held by the
HUSBAND, except that WIFE shall be entitled to one-half of the benefits
available to HUSBAND had he retired on April 1, 2001. In addition, WIFE
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shall also be entitled to one-half of the value of HUSBAND's Synertech
401 K account as of April 1 ,2001. Both the Unisys and Synertech
amounts to which WIFE is entitled by virtue of this paragraph shall be
payable to WIFE in accordance with the terms of a standard Qualified
Domestic Relations Order.
WIFE shall retain any pension or retirement account now
held by the WIFE free of any claim by the HUSBAND.
2.) Bank Accounts - All of the parties' joint bank accounts shall
be equally divided by the parties within thirty days of the execution of this
agreement. Both parties, however, shall retain any individually held bank
accounts free of any claim by the other party. Notwithstanding the
foregoing, the parties' accounts at Members' First, which have been
established for the payment of their automobile loan payments, will remain
the property of the party for whose automobile loan payments the account
was established and each party shall sign off the other's account, if
necessary.
3.) Other Personal. Property - The parties agree that they have
equitably divided all of their furniture, household goods, appliances and
personal belongings to their mutual satisfaction and each release to the
other all such personal property as they have mutually agreed. WIFE
agrees that HUSBAND still has some tools and other personal belongings
at the marital home which he shall remove within sixty days after the
execution of this agreement. HUSBAND shall accomplish such removal
by scheduling a time to do so by the mutual agreement of the parties.
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7. INCOME TAX RETURNS: Income tax returns for tax year 2002 and all
future tax years will be filed separately and the parties will each retain any refund due to
them.
8. SUPPORT AND ALIMONY:
A. Husband's Waiver of Support: HUSBAND waives and
foregoes all financial and material spousal support from the WIFE and agrees not
to request or seek to obtain alimony or spousal support before or after any
divorce which may be granted.
B. Husband's Paymellt of Support, Alimony and Alimony
Pendente Lite to Wife: HUSBAND agrees to pay spousal support, alimony
and/or alimony pendente lite to WIFE in the amount of $500.00 per month,
effective from the date HUSBAND began making such payments after the
parties' separation. Said monthly payments to the WIFE shall continue until April
1, 2009 or the month of the HUSBAND's retirement from his current employment,
whichever occurs last. At such time the amount of the HUSBAND's monthly
payment to WIFE shall be reviewed and may be adjusted in accordance with
subparagraph C. below.
C. Review of Support, Alimony and Alimony Pendente Lite
Amount: Both parties agree that a review of the parties' circumstances shall
take place on or about April 1 , 2009 or the month of HUSBAND's retirement from
his current employment, whichever occurs last. However, at any time after the
date of this agreement, should either party's circumstances change resulting in
an increase or decrease of income in excess of 20% more or less than their
present levels (or 20% more or less than any subsequent time of review as
provided herein), either party may request a review of the support payments
required under this paragraph to determine if appropriate adjustments should be
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made in accordance with the guidelines and alimony factors established by the
Commonwealth of Pennsylvania. . Any such review shall include a consideration
of the parties' net income and/or earning capacity. Ifthe parties are unable to
mutually agree on the continuation, increase or decrease of alimony upon any
such review, then either party shall have the right to seek modification of said
amount by appropriate petition in accordance with said guidelines and alimony
factors and the agreements of the parties herein. Nothing herein shall prevent
either party from normal retirement, nor shall either party be to deemed to have
an earning capacity greater than their retirement income if they choose to retire
at normal retirement age and not enter into additional employment.
D. Termination of Support, Alimony and Alimony Pendente Lite
Payments - All support, alimony or alimony pendente lite payments from
HUSBAND to WIFE in accordance with this agreement, if not previously
terminated under subparagraph C. above, shall terminate upon the HUSBAND's
death or the WIFE's death, remarriage or co-habitation with another man,
whichever shall first occur.
9. DIVORCE: It is agreed that more than ninety days have expired since
the date of service of the divorce complaint (the date service of the divorce complaint
was April 9, 2001). Simultaneously with the execution of this agreement, the parties will
execute and file the consents and waivers necessary to obtain the d.ivorce.
10. BREACH: In the event of the breach of this agreement by either party,
and the unreasonable failure of either party to remedy such breach after thirty days
written notice to the breaching party, the nonbreaching party shall have the right to seek
monetary damages for such breach, where such damages are ascertainable, and/or to
seek specific performance of the terms of this agreement, where such damages are not
ascertainable. All costs, expenses and reasonable. attorney fees incurred by the
successful party in any litigation to obtain monetary damages and/or specific
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performance ofthis agreement shall be recoverable as part of the judgment entered by
the court.
11. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to
time, at the request of the other, execute, acknowledge and deliver to the other party
any and all further instruments that may be reasonably required to give full force and
effect to the provisions of this agreement.
12. VOLUNTARY EXECUTION: The provisions of this agreement and their
legal effect have been fully explained to the parties and its provisions are fully
understood. Both parties agree that they are executing this agreement freely and
voluntarily. Both parties have had adequate opportunity to review this agreement with
independent legal counsel and have either done so or voluntarily chosen not to do so
after consultation with their attorneys and a conference between the parties, counsel
and the Divorce Master. HUSBAND's attorney is Harold S. Irwin, III, Esquire and
WIFE's attorney is Jane Adams, Esquire.
13. ENTIRE AGREEMENT: This agreement contains the entire
understanding of the parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein.
14. APPLICABLE LAW: This agreement shall be construed under the laws
of the Commonwealth of Pennsylvania.
15. PRIOR AGREEMENTS: It is understood and agreed that any and all
property settlement agreements which mayor have been executed or verbally
discussed prior to the date and time of this agreement are null and void and of no effect.
16. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise
provided herein, each party may dispose of his or her property in any way, and each
,
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party hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire, under the present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital relationship, including
without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and right to act as administrator or
executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable
to carry into effect this mutual waiver and relinquishment of all such interests, rights and
claims.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written.
ES:
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BARBARA L. ~WIE
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS:
PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland
County, Pennsylvania, this t>"1'-day of JulYI 2002, FREDERICK J. BOWIE, JR.,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within agreement, and acknowledge that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunt set my hand and official seal.
Nuii:ri;?.1 Seal
Harald S.I",'" NOIalY Public
CRnhlK! 13ora, i.:1-,:,~t)ertandCounty
My Cr.irili' :,slon E:xr. ,;, "~.,: sept. 23. 2002 '
Member, p~;~:', '::vivania A;';;"'.;'iatfon of Notaries
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFO~F. ME, a notary public for Cumberland
County, Pennsylvania, this 'K tk: day Of~002, BARBARA L. BOWIE, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the within
agreement, and, acknowledge that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARIALSEAL .
JANE E. ADAMS, Notary Public
Carlisle Bora, Cumberland County
My Commisslon ExpiI8S Sept. 6. 2004
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BARBARA L. BOWIE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.. 01 - 2006 CIVIL
FREDERICK J. BOWIE, JR.,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
3 () 'fVI-
day of
2002, the economic claims raised in the proceedings having
been resolved in accordance with a marriage settlement
agreement dated July 8,2002, 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,
cc: Jane Adams
Attorney for Plaintiff
Harold S. Irwin, III
Attorney for Defendant
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BARBARA L. BOWIE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 2006 Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the Court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under &3301 (c) of the Divorce
Code.
2. Date and manner of the service of the Complaint: Delivered bv certified mail.
restricted deliverv. return receipt reauested. delivered on: 4 -q -oj
3. Date of execution of the affidavit of consent required by 3301 (c) of the
Divorce Code:
By Plaintiff: 7 . I Lf. 0 ~
By Defendant: J. OJ - 0 a.---..
4. Related claims pending: None.
5. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: 'j - I G - 0 ~
Date Plaintiff's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: '7 - I&?- 0 ~
Date: 6'- (2- --OL...-
e Adams, Esquire
. No. 79465
36 S. Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
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Prudential QDRO.wpd
BARBARA L. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS '.
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 2006
Civil Tenil
FREDERICK J. BOWIE, JR.,
Defendant
: ACTION IN DIVORCE
DOMESTIC RELATIONS ORDER
WHEREAS, Frederick J. Bowie, the "Participant" and Barbara L Feldpush (formerly
known as Barbara L Bowie, also the Alternate Payee) have agreed and stipulated as follows;
WHEREAS, this Order is intended to be a Qualified Domestic Relations Order
("QDRO") as that term is defined in Section 414(P) ofthe Code and section 206(d)(3) of ERISA;
NOW THEREFORE, it is hereby ORDERED and DECREED as follows:
1. The Defendant, Frederick J. Bowie (hereinafter referred to as "Member").has a
personal IRA account sponsored by Prudential Financial, contract no. E0068580.
2. Member's date of birth is: January 21,1944 and his social security no. is 214-42-1854.
3. The Plaintiff, Barbara 1. Feldpush, (hereinafter referred to as "Alternate Payee") is the
former spouse of Member. Alternate Payee's date of birth is: January 1,1944, and her social
security no is. 217-40-4277.
4. Member's last known mailing address is: 6806 Clubhouse Dr. Apt E, Harrisburg, Pa.
17111.
5. Alternate Payee's current mailing address is: 44 Wheatfield Dr., Carlisle, Pa. 17013
6. (a) The marital property component of Member's IRA benefit is $49,119.99.
(b) $24,560.00 of the marital property component of Member's IRA is to be allocated
to the Alternate Payee as her equitable distribution portion of this marital asset.
7. Alternate payee: The portion attributed to the alternate payee shall be transferred to a
tax deferred account in her own name thus making this a tax-free transfer. Alternate payee shall
be solely liable for any taxes subsequent to the transfer of these funds.
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8. The parties intend and agree that the terms of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
9. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order.
10. Upon entry of a Domestic Relations Order, a certified copy of the Domestic
Relations Order and this Stipulation and Agreement and any attending documents shall be served
upon Frederick J. Bowie and Barbara L. Feldpush immediately. .
WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation
and Agreement, do hereunto place their hands and seals:
~~
Frederi~ Bowie
Defendant/Member
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Barbara L. Feldpush
Alternate Payee
Harold Irwin, Ill, squir
35 E. Hitner House
Carlisle, Pa. 17013
(717) 243-6090
Dated: 7-'-03
1 e Adams, Esquire
36 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Dated: ')- (0-03
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lllcl'rud<.'I~i;tllmurJnl.:cc.'ll1rrJnyoIAo"..rn:~
I'nll_'a Lild hL~UrnllCl.' Coml':IIl~-. ~ ~llId.. C\lIIlf"1l1~' _Uh:;I.,lIar}. of
n". Po"lrmiul1IuIIITlIlf'(' (""'''/''111\' "(,.\,,,..ri"/I
\'rudl.'l\\i"J.1 ^"""ily Sl.'n'il.i Cl!ntl.'r
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FREDERICK J. BOWIE JR
44 WHEATFIELD DR
CARLISLE PA 17013
Quarterly Statement
Accou nt Statement to March 31. 2001
Owner: FREDERICK J. BOWIE JR
Annuitant: FREDERICK J. BOWIE JR
Contract Number: E0068580
Contract Date: 03/10/1998
Type of Contract: Discovery Select
Market: IRA
{(you have an)' questions, please contact your Pruco Securities COl~1). Represl?1!!ariw,!, PA..1'RICK J. .ROSENELlA, at (717 j 975-lJ /50
or the PrudendalAnnuiJy Sen-;ce Cellter tol/ free at (888) 778-2888. Pllm, SecUliries Corp. acted as agelll ill this n'mlSuctiolI.
Please retain this statement for your records.
A1thougb great care has been taken in preparing this statement. we reserve the right to amend the statement as needed.
IAccount Summary as of 03/31/2001
Investment Option(s)
Prudential Diversified Bond
Prudential Equity
Prudential I-ligh Yield Bond
Prudential Jennison
Janus Aspen Series Inl'l Growth
MFS Emerging Growth Series
OCC Accumulation Trust - Small Cap
Total Contract Fund Value
Number of Units
9.568.61326
6,051.61619
6. I 86.22082
5.184.57251
2,690.62574
1,578.61400
1.688.63633
Unit Value
1.3 I 8140
1.621310
1.183840
I. 905400
1.760860
1.494480
1.419170
Contract Fund Value
$ 12.612.77
9.811.55
7.313.50
9.878.68
4.737.82
2,359.21
2,396.46
$ 49,119.99
IContract Activity 0110112001- 03/31/2001
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Prudential QDRO.wpd
BARBARA L. BOWIE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 2006
Civil Term
FREDERICK J. BOWIE, JR.,
Defendant
:- ACTION IN DIVORCE
ORDER
AND NOW, this j&/iL daYOf~
Stipulation and Agreement dated J\.A __ ~b "')
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incorporated, but not merged into this Order of Court.
, 2003, the attached
of the parties in this case is
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