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Home My WebLink About01-2098 FX . - , - .' . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA D. THOMAS FOWLER, : NO. 01 - .;lQCi!> CtCJ~[~ RENAE L FOWLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the clairns set forth in the following pages, you rnust take prornpt action. You are warned that if you fail to do so, the case rnay proceed without you and a Decree of Divorce or annulrnent rnay be entered against you by the Court, A judgrnent rnay also be entered against you for any other clairn or relief requested in these papers by the Plaintiff. You rnay lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown ofthe rnarriage, you rnay request rnarriage counseling. A list of rnarriage counselors is available in the office of the Prothonotary at the Curnberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT 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. Curnberland County Bar Association 2 Liberty Avenue Carlisle, PAl 70 13 717-249-3166 :(,1l!l ,~-""!ll I'--j-,' 1-- F _ ", 1 . - ~ D. THOMAS FOWLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0/- .;)tJ9/l C/v,'j -r;.~M. RENAE L. FOWLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER ~3301(C) AND ~3301(D) OF THE DIVORCE CODE AND NOW, comes Plaintiff, D. Thornas Fowler, by and through is counsel, Reager & Adler, PC and avers as follows: 1. Plaintiff is D. Thomas Fowler, who resides at 53 Bayberry Drive, Mechanicsburg, CurnberlandCounty, Pennsylvania. 2. Defendant is Renae L. Fowler, who resides at 25 White Oak Boulevard, Mechanicsburg, Curnberland County, Pennsylvania. 3, Plaintiff and Defendant have been bona fide residents in the Cornrnonwealth for at least six (6) months immediately previous to the filing of this Cornplaint. 4. The Plaintiff and Defendant were rnarried on June 10, 1989 in Carnp Hill, Cumberland County, Pennsylvania, 5. There have been no prior actions of divorce or for annulrnent between the parties, 6, Neither of the parties in this action is presently a rnernber of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. ';'-fl;o>>~"-"i_, "r_'_~r 11 r ! t f :1 ., . r- . ~ . ~ > . - " 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there is one child of the parties under the age of eighteen (18) narnely: Brandon Thornas Fowler, date of birth October 19,1996. 10. The Plaintiff avers that rnarriage is irretrievably broken. 11. Upon the expiration of the 90-day waiting period, Plaintiff shall file necessary affidavits to finalize this rnatter. 12. In the alternative, upon the expiration of the two-year waiting period, Plaintiff shall me all documents necessary to finalize this rnatter. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce. COUNT I - EQUITABLE DISTRIBUTION 13. During the rnarriage, Plaintiff and Defendant have acquired various iterns of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 ofthe Divorce Code. 14, During the rnarriage, Plaintiff and Defendant also acquired debt which is subject to equitable distribution under Chapter 35 of the Divorce Code. 15. In the event the parties are unable to distribute the assets and debts of the rnarriage, Plaintiff respectfully requests this Honorable Court to distribute such property and debt. -2- " . d. .,". -,' -I ,~ - . - -- , .-- . WHEREFORE, Plaintiff requests this Honorable Court enter a Divorce Decree dissolving the rnarriage between Plaintiff and Defendant and equitably distributing allrnaritaI property such other further relief as this Court rnay deern equitable and just. Respectfully submitted, REAGER & ADLER, PC Date: '1/3/0/ By: ~ ID #66378 2331 Market Street Carnp Hill, P A 17011 717-763-1383 Attorneys for Plaintiff -3- "~i:'1, ". ~. ,- In!, ,- "T~ --, .~ VERIFICATION I, D. Thornas Fowler, verify that the staternents rnade in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are rnade subject to the penalties of 18 Pa. C. S, Section 4904, relating to unsworn falsification to authorities. Date: 4- 3 -0 \ ~.~g~ D. Thomas Fowler -^.';f'~W",l!I!:,"'_e" ~_ ~ . '''''"1, r ". ,~ ~,~ ~."" ~'"--<<,"'" ~ D. THOMAS FOWLER, Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2098 RENAE L. FOWlER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: L Ground for divorce: Irretrievable breakdown under ~ 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 13th day of April, 2001, by certified mail, return receipt requested, receipt number P 902 067188. 3. Date of execution ofthe Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by D. Thomas Fowler, Plaintiff, on March 25, 2002; by Renae L. Fowler, Defendant, on March 29,2002. 4. Related claims pending: Settled by Agreement dated March 29, 2002. ~i!.1-" '. ~ ":" .', ,-' . ~-- , II !' . -,~ " "," - \ , . S. Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: Apri19, 2002 Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: Apri19, 2002 DATED: 4-jq /'0 Z-- By: '"1M, ,~~,"~, 1- i Respectfully submitted, REAGER & ADLER, PC r' ," " 1\0 ~'. ". "~~.W~~'<~ ~, ~- - t 0 <::) 0 c: N ? '"1' va; no :.)=f [11m " z;:c ;;0 i~i:TJ z'; I .. ",,:!I"n (j), ~ U) :,::1'0 -<L~ ~J j ~C:.1 :r.>> ,,00 $(") ::t; i5=i'{ j;;C::: - :::C") c: - C)IT1 Z '~-l ~ ':.v )> ~.,D :D -< ii I' 'I I, II II ii I','. , , i , I:i II I' , " I iil I,' :1 , 1-:;, """"",,~v~,~.,. ,-t"" lJ!Il!IlF'! to' ,;,1I . ~_" _.,*,;i?Mi1:.?:'i;f''P''';R<''ii,.'iF';~T\''~?'''ff';,:qrf..~~~1f~~~~,f,iiI!i'.!:rr)l:!d~'l!f1J~I'$'~ " .. ... .. ... \ D. THOMAS FOWLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 01-2098 RENAE L. FOWLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Renae L. Fowler, by Certified Mail, Restricted Delivery on the 131h day of April, 2001 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Renae Fowler 25 Wmte Oak Boulevard Mechanicsburg, P A 17055 Date: k.f 1- o;} D AG LER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. Id. No. 36461 ,~"~. '"'''TT"~~.':''' '. "~ , I :!i:ll'1f1jmPRfl"-W r'-P' . . :? ~------- ~ -", --- Sanerer: R E : DEBRA DENISQN~ANTOR REAGER & ADUER, PC 2331 MARKET STREET CAMP HILL, PA 17011 :":\, 7..,.p~te of Delivery ~~ [~ 4a. ArtiCle Numbe'r P 902 067 188 4b. Service Type 2, 0 RESTRICTED DELIVERY CERTIFIED 5. ived By: (Pleas ~~ - 8. Addressee's Address (if different froml!lddr6SS u~oo by srmrJer.) &DL~E FOWL 'Seoondary"Mdi-iissTsuiiilTApi:TFlo.ormCpiliaB6uPdfii-N6s"ilyj 25 W HIT E <) A MECHANICSBURG -, '-p -riEiiiveryUAdi.i;cssmn.............nn...hhnn...--n.......n-......... .cfiy.n---....----.......---.....-----.... 'State ..---......zjp....,rCOde PS Form 3811, December 1994 99 CMF-D88 DOMEST~C_REr.URN REC~T EXIDBIT "A" lrl_, , !- ,,',~ ell i:,." p" ., JfIi~. " .~,~ - ~=. ~ - '~.' ''',> "~-m.,' ,~. ,','-:'.' ,'" '-~''''''~-'''''-~-r''~ ""' -<"'~" "~'~~'''->'''''1l' tjJt'ltiJinriJ'll' r (') c: C- r, ' ' .;; -os. " , fTllJJ z!jj " ZC- I en _~ \[ r;:z: <-C) :i> .:t.~ ZO :2 ;>0 c ? ~ W <J1 I r.=~_"",~,;."",.~__1W_'<!~~_Qrll.iljI!(,IMi~rbo ~,__~, ~1'Il~~; ~[7~!'m,W:"~"~""""""">'::';';:'Mn"'!'~'ji"4"~1I"'l'!0\'~',,?,fflR!1!.f'~11m@~t~l!;mHi!l!'lif.j!!!f~~~~ .. ..... - - ~ ... Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA D. THOMAS FOWLER, : NO. 01-2098 Defendant : CIVIL ACTION - LAW : IN DIVORCE RENAE L. FOWLER, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 9, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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 staternents rnade 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,.;15- OCJ. ~..Jk~~ D. THOMAS FOWLER ~m '~~,' ~-- , " I-Oj"- ~",.."" ~ . . '-, ~r 'ill -,' ~ ~~. , . ... '. -~ ,'>.,,~~,~~~ , .~ "~~- ,,- "~ - .J/> .. . , . 0 0 ~ C 1-.;) S :<>0 -::J' -om -0 ,--:'_11 n1f1'1 :::0 i '.r- Z:l:J , ::grn ZC (l)-d::" ..0 ",'9 -<L:: :dQ ~t:: ;p. ~""""1 '.:5"Tl zC: ::a:: t~"?fS :i>(-' orn c --{ Z; ,:,.) 55 =2 (1' '< I JR,!IIl. ,,~ilW!!i!\~"W''''f':!!-F(,!,:,i!'f""_",,'''''!N~'';;tl'',-,j!'l'~~"'ff;if~'''Wffi~')f;!'i'R'~;::~fj;~~~ - - - .. \ Plaintiff : IN THE COURTOF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA D. THOMAS FOWLER, : NO. 01-2098 Defendant : CIVIL ACTION - LAW : IN DIVORCE RENAE L. FOWLER, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2, I understand that I rnay lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 rnade in this affidavit are true and correct. I understand that false staternents herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: 3't)S- m. ~.A9~ D. THOMAS FOWLER ~ ~"" .. ~--Itl"T'~ 0__ .,,,, ,=" ",,'"'.".. "" ~ ,,__,~' <,_~,_<<c~''''L''~' ,-;, "y[' 'ij' "j'iij . - I 0 a 0 c: "" s: "T1 ""qTD bo rr..rr " Z':x:; :.:0 -';::;.-n 2:' I 'r- 0S;: "'J-fTl ~:<~ <..0 ;;~6 ~D """ ? ~~?~ Z'O :J:r: p<:) - C - C)'fTl :z --, =< W )-.> 0\ ::0 -< .,' J ri"',"1!~r~"'8:n'i-~"~lr' ~ _~~""l1'__~~'Rl'!"'!1W!\'!'C""'F.W;t"~~':,~bJ~'~t';,",''''''if,~B~~,,~~tl~:f!i%~'O!_'i"f!~''''"';;']"~i%'i~W;;;'''lllfL~ff~1-K , 4 . " . \ D. THOMAS FOWLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 01-2098 CIVIL TERM CIVIL ACTION - LAW RENAE L, FOWLER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C} OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 9, 2001, (2 ) The marriage of Plaintiff and Defendant broken and ninety (90) days have elapsed filing and service of the Complaint. is irretrievably from the date of (3) I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. (4) 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, (5) 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. Sec, 4904 relating to unsworn falsification to authorities. 0\~ DATED ~ q, '::1 [1('\ ~ I ~~C irn'~~f\ Renae L. Fowler ~~}~~ . " t. "4.~ ,-- "-- -'_~""''''~'F__,'~'__~__''""''_>o - '.''''P,~,_1\r",,._,,, .,._r_,,'r__'_',~ ,-, ,,-, -~ -- l!i ~ . ,., _u__ .~,~"' ~ ,~.. . .. < .'~,--,,~ <-' , """'rr:;;"'-~ ". ,., 'n" 0' ':-"""""'-'''''-'~~-"Y-'"-'---''4.&.j\''fs;,~jffl''jflv~J'-}~ . C) C s: -00; 2:'m :D 21:;:: (fJ .~? rs~'^ ~"-..J PC" .2;:') -'-C Pc 2 -! -< I o N :I>o <:l ;U r '-0 o -n :1=f fi'ili -.:;h1 ---;0 ;co, j :~O .~r:=R ~~O i:Sf1'1 ';;:! :5 .-< "". :]: ,~ 0-. "~'_ ,,..,_:::r1)~M!l,~!WWi1i,m~~~I~.~~~ .' " . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this dCl ~ day of ma.... d.., , 2002, by and between Renae 1. Fowler, (hereinafter "WIFE") and D. Thomas Fowler, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on June 10, 1989; and WHEREAS, the parti'es have one minor child of this marriage, namely Brandon Thomas, date of birth October 19, 1996; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling cornpletely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alirnony pendente lite; and, in general, any and all other claims and possible clairns by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND is represented Debra Denison Cantor, Esquire of Reager & Adler, Pc. WIFE is represented by Lori K. Serratelli, Esquire. The parties further declare that each is executing the Agreernent freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such i' '~_~~', , _ '1'''-; r -~," "', ,- 1'~ ;". knowledge. The parties each acknowledge that this Agreernent is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their rnarriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. A divorce action was filed by HUSBAND with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 01-2098 on April 1, 2001. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days. This Agreement shall rernain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which rnay be entered with respect to thern and specifically referenced in the Divorce Decree. This Agreement shall not rnerge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreernent shall be defined as the date upon which it is executed by the parties if they have each executed the Agreernent on the same date. Otherwise, the" date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either rnay have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and arnendrnents except as described herein. Page 2 of 13 --"~!i]II_ '. ~",."'~~. ,,_' "II I. " '~t - "__ ,I" : ' , , Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate frorn any claims arising by virtue of the marital relationship of the parties, The above release shall be effective whether such claims arise by way of widow s or widower's rights, family exernption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetirne conveyance by the other as testarnentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Permsylvania, any state, Commonwealth, or territory of the United States, or any other country, Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreernent an absolute and unconditional release form all claims whatsoever, in law or in equity which either party now has against the other, 5, FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirrn that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreernent. Each party understands that he/ she had the right to obtain from the other party a cornplete inventory or list of all property that either or both parties owned at the tirne of separation or currently and that each party had the right to have all such property valued by rneans of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and rnake decisions on the matters covered by this Agreernent. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATIONjNON-INTERFERENCE. WIFE and HUSBAND may and shall, at all tirnes hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carryon Page 3 of 13 '!'j~ '~-I ,. r ~ .....,....,--~' ~, - and engage in any business, occupation, profession or employrnent which to hirn or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or rp.align each other or the respective families of each other. 7. REAL PROPERTY. A. 25 White Oak Boulevard, Mechanicsburg, PA. The parties are the joint owners of real property located at 25 White Oak Boulevard, Mechanicsburg, Pennsylvania. HUSBAND agrees to waive any right, title and interest that he may have to said property. Concurrently with the execution of the Marital Settlement Agreement, HUSBAND shall execute a deed transferring his interest in the home to WIFE. Said deed shall be prepared and held in escrow by HUSBAND's counsel until the following terms are rnet. Upon the execution of this Agreernent, WIFE shall maintain sole and exclusive possession of the marital horne. WIFE agrees to be solely responsible for all costs and expenses associated with the marital home, including but not limited to mortgage(s), taxes, insurance, and utilities. WIFE shall rnake all said payments in a tirnely manner. WIFE agrees to refinance the home no later than May 1, 2005. At the time of refinance, HUSBAND agrees to pay one- half of one percent (1 %) of the title transfer fee associated with the refinance. This contribution shall not exceed $500.00. Upon notification of the refinance, HUSBAND's counsel shall release the deed contingent on HUSBAND's release frorn the rnortgage obligation. In the event that WIFE is unable to refinance the horne by May 1, 2005, the horne s~all be listed for immediate sale. Both parties agree to cooperate fully with the sale, including the listing with an acceptable agent, and the reduction of price in order to sell the home. In exchange for his waiver of interest in the marital home, HUSBAND shall receive $10,000.00 for his interest. $2,000.00 shall be paid to HUSBAND upon the entry of the divorce decree. WIFE shall continue to make $2,000.00 payments per year to HUSBAND due no later than May 1" of each year. Failure to make such payments shall result in the immediate listing of the home for sale. Upon the sale or refinance of the home, the entire outstanding balance Page 4 of 13 'w'V dO" "' ,~",' -I' , , owed to HUSBAND shall be paid prior to any distributions being rnade to WIFE. After payment in full of $10,000,00 to HUSBAND, WIFE shall retain any and all proceeds. B. Timeshare. The parties jointly own a timeshare located at Villas of Ocean Pines, Unit 32, Interval 13,11029 Cathel Road, Berlin, MD 21811. The parties agree that they shall continue to rnaintain joint ownership of said tirneshare and will equally divide all costs and expenses of the timeshare on an annual basis, The parties shall alternate the use of the timeshare as rnutually agreed upon. In the event that either party wishes to relinquish their joint ownership of the timeshare, the other party shall have the right of first refusal in purchasing the interest. In the event that neither party wishes to retain the timeshare, the parties will agree to sell the tirneshare and after the deduction of all costs and expenses, shall equally share any and all proceeds from said sale. 8. DEBTS. The parties agree and represent that there is no joint credit card debt or outstanding loan obligations. If a party has acquired debt, the parties agree that each shall assume full and cornplete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless frorn any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Page 5 of 13 -;-~IIl!W~-~ " -I-f' I~~ =', 9. RETIREMENT BENEFITS. HUSBAND is the owner of a 401K through this employment with XPEDX. The 401K is held by XPEDX, account number 192-64-2539, The approxirnate value of the 401K is $35,000.00 WIFE is the owner of a 401K with her ernployer Highrnark. The 40lK is held at account number 161462775 with American Express and has an approxirnate value of $24,300.00. WIFE is also the owner of a rnutual fund account number 671818286, held with Van Kemper. The approximate value of this rnutual fund is $534.00 after a withdrawal by WIFE. HUSBAND hereby waives his right, title and interest to and of WIFE's 401K and mutual fund as above defined. WIFE hereby waives her right, title and interest to any of HUSBAND's 401K as above defined. The parties acknowledge that here are no additional retirement accounts held by either party at this time. 10. PERSONAL PROPERTY AND BANK ACCOUNTS. The parties acknowledge that all household goods have been divided by rnutual agreement. All property held in WIFE's name shall be retained by her; all property held in HUSBAND's name shall be retained by him. The parties also agree that all bank accounts held by the parties have been divided equally. The bank accounts held solely in individual narnes shall becorne the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. The parties are owners of a Lab/Mix dog named Booger. WIFE shall maintain ownership of the dog. However, HUSBAND agrees to contribute to its care by paying one-half the cost of all veterinary fees and by assuming the cost of all food necessary for the parties' dog. 11. VEHICLES. The parties are the owners of a 1996 Honda Passport and a 1996 Nissan Maxima. WIFE shall retain the 1996 Honda Passport and HUSBAND agrees to execute title to transfer his interest in the vehicle at the time of execution of the Marital Settlement Agreernent. Page 6 of 13 -;T';JiW ,.", I 'Tn, ,". 1,' HUSBAND shall retain the 1996 Nissan Maxima and the car loan applicable thereto. WIFE , agrees to execute any and all docurnentation necessary to effectuate the transfer of this vehicle to HUSBAND and waives any right, title and interest she rnay have to said vehicle. 12. ALIMONY. HUSBAND agrees to pay to WIFE the sum of $440.00 per rnonth in alirnony rnade payable beginning the first day after the entry of the divorce decree and continuing until the same date in the year 2005. The amount shall be calculated by use of the spousal support guidelines whereby WIFE's net income is subtracted frorn HUSBAND's net incorne. This arnount shall be reduced by the child support amount and rnultiplied by 30% for the alimony award, Said amount shall be paid directly to WIFE no later than the 15th day of each rnonth. Said alirnony shall be suspended upon WIFE's remarriage or cohabitation. If, prior to May 1, 2005, WIFE removes either of said conditions, alimony shall resume beginning the rnonth following the termination of the condition and continuing until no later than May 1, 2005. WIFE is required to provide notice within 15 days upon her rernarriage or cohabitation as defined in the Divorce Code and within 15 days of the removal of said condition. Alimony shall terminate upon WIFE's or HUSBAND's death. 13. CHILD SUPPORT. HUSBAND agrees to pay $920.00 per rnonth for the support of the parties' minor child, Brandon Thomas, date of birth October 19, 1996. Said child support includes the cost of day care. WIFE shall be responsible for making all payments to the day care provider directly. WIFE shall be responsible for the first $250,00 of medical expenses for the child and thereafter medical expenses shall be divided equally, The parties reserve the right to have child support re-examined by the Domestic Relations Office upon any change of circumstance. Said payrnent shall be made directly to WIFE beginning the month following the execution of this Agreernent and shall be payable no later than the 15th day of each month. WIFE shall clairn Brandon as a deduction on her tax return for the tax years 2001 and 2002. Thereafter, HUSBAND shall declare Brandon for tax purposes on odd numbered years, Page 7 of 13 C 'I: 1 ~ 'O^ and WIFE shall declare Brandon for tax purposes on even nurnbered years. The parties shall execute all docurnentation necessary for such filings. Either party reserves the right to have this rnatter re-examined by the Domestic Relations Office based on a change of circurnstance. 14. CHILD CUSTODY. A. Legal Custody: The parties agree to shared legal custody of the said minor child. The parties agree that rnajor decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by thern jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to atternpt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be perrnitted to rnake any immediate decisions necessitated thereby. However, that parent shall inform the other of the ernergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. B. Physical Custody: 1. The parties shall share physical custody of the minor child on the following schedule: a. Week 1 Father shall have custody Friday evening through Sunday morning at 9:00 a,rn. and Monday evening through Wednesday rnorning. Mother shall have custody the rernaining period of time. Page 8 of 13 ll'~ _~_ -.' ".c cr r ,"- 1. ~., d' . ~~ b. Week 2 Father shall have custody Sunday at 9:00 a.m. through Wednesday at 9:00 a.m. Mother shall have custody the remaining period of time. c. The parties shall alternate week 1 and week 2 with the intent to equally share custody with their minor child. 2. Mother shall exercise physical custody on Mother's Day; Father shall exercise physical custody on Father's Day. 3, The parties agree to alternate Easter, Mernorial Day, July 4th, Labor Day and Thanksgiving. Thanksgiving shall be defined by Schedule A and Schedule B. Schedule A is Wednesday evening through Friday evening. Schedule B is Friday evening through Sunday evening, Father shall have Schedule B in even numbered years; Mother shall have Schedule A in odd nurnbered years and the parties shall alternate thereafter. 4. Christrnas shall be divided as follows: Schedule A shall be defined as Christrnas Eve at 1:00 p.m. until Christmas Day at 1:00p,rn. Mother shall have Schedule A in odd numbered years. Schedule B shall be Christrnas Day at 1:00 p.rn. until December 26th at 1:00 p.rn. Father shall have Schedule B in odd numbered years. 5. Schedule A shall also include New Year's Eve at 3:00 p.m. until New Year's Day at 3:00 p.m. C. Vacation. Each party reserves the right to exercise 14 days of non-consecutive vacation per year with 30 days' notice to the other parent. D. Brandon's birthday shall be alternated between the parties with mother having even years beginning in 2002 and father having odd years. Brandon's birthday shall be defined from the evening of October 18 - October 19 at 6:00 p.m. E. Each party shall have custody of Brandon on their respective birthdays. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becornes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations rernain to be performed by that Page 9 of 13 '.1 , ~" -. f"! . , ~=""'" ,. ,~, party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties rnutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terrns of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terrns thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultirnately achieved by litigation or by amicable resolution. It is the specific Agreernent and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreernent. 18. WAIVER OF RIGHTS. Page 10 of 13 ,"'~~~E\ [ 1 -1 _"'~_ ~~4,"~~ "_ Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisernent of all marital and non-rnarital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding rnarital and non-marital property, equitable distribution, spousal support, alirnony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terrns of this Agreernent, including but not limited to, the signing of docurnents. 20, VOID CLAUSES. If any term, condition, clause or provision of this Agreernent 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 Agreernent, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22, 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. Page 11 of 13 .-r",,_. -, "iT-- -,.. -'-""f'I," '~ r -, '", ~. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any arnbiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ~2~",~ ~~ Witness / :~'1 f1~ ~.~~ D. ThornasFowler ~wn~o ~Ol.~{)^, Renae Fowler Page 12 of 13 --"" , [" .-- """"'f<i" ...., r COMMONWEALTH OF PENNSYL VANIA COUNTYOF ~lCVJ-ll. On the ;)S<jrA. day of ~~ ,2002, before rne, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared D. Thomas Fowler, known to rne (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrurnent to be her free act and deed. :SS. IN WITNESS WHEREOF, I have hereunto set rny hand and notarial seal the day and year first above written. /J J wd.. ~ .b~ ~ Public - My Commission Expires: I Notarial Seal DebOrah L Brenneman, Notary Public Camp Hill BoTO, CU!flberiand County 2 My Commission ExpIres June 18, 200 Member, Pennsylvania Association of NotarieS COMMONWEALTH OF ,..;6/1 COUNTY OF d/fr./ jJ If ( ..J On the cf{ 9'1-4. day of .M!.4d L' /I ,2002, before me, a Notary Public in and for the Commonwealth of ,/fJ A , the undesigned officer, personally appeared Renae Fowler, known to rne (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrurnent to be his free act and deed. :SS. IN WITNESS WHEREOF, I have hereunto set rny hand and notarial seal the day and year first above written. Expires: I /31 ~ 0 Page 13 of 13 ~ ","'4 , Notarial Seal Nancy E. Roach NOla PublIc My C Harri~b~rg, Dauphin 'l' f'UbI ommlSSlon ExpIres J~ 2006 "'" , " ~ ~ ~~ , ~~~ ""~ \ "' - ~ - ~ ~~ ~I"'- . . . . . . . . ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . PENNA. . STATE OF . . D. Thomas Fowler . . . . . No. 01-2098 . . VERSUS . . . Renae L. Fowler . . . . . . . DECREE IN DIVORCE . . . . AND NOW, 4.-.'1 11-" , z....."L , IT IS ORDERED AND . D. Thomas Fowler , PLAINTIFF, DECREED THAT . AND Renae L. Fowler , 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; . The terms of the parties' Marital Settlement Agreement dated March 29, 2002 . and attached hereto are incorporated herein but not merged herewith. . . '" '" '" ;to: . BY THE COURT: I --?C_. ,4..~ A7' ~ f~ PROTHONOTARY . . . . . . . ,. "-; "" ~'. 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