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Home My WebLink About01-06886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . .. . .. . . . . . ~ ~~~~ ~~ ~~~~ ~ ~~ ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Peggy A. Ro",pr", No. Pl~;ntief VC:RSUS Dpr'ln A P.n~,]{::l.rq Defendant DECREE IN DIVORCE AND NOW, ~,f DECREED THAT P"ClClY ^ ]3QI/€lrg AND Dprin 11 Rnt.1~"t'~ ARE DIVORCED FROM THE BONDS OF MATRIMONY. PEN NA. OJ-6886 ~ I:O)f.M. dD{)'1, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FiNAL OI~DER HAS NOT YET BEEN ENTERED; Eauitable Distribution By ATTEST: . . :f. ;t; ;t; 'f .. . . ;to; Of:+: ;t;;t;'f;f:f. '" -""ii ~::r:I'L". ..,~-,~,~>_, ,> -r;"~~f- ,~. ~" I~:-"l""'l ,..< C,'''''', , .'0- ":_~ c. ,_ .q'< _,_ ~, . PROTHONOTARY . ;t; 'f ;t;;t; ;to; ;t; 'f;t;;t;;t;;t;;t; ;t;;t;;t;'f'f;t;;t;'f.'f:+''f ~ ;t;;!i;t;:f.,\~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . ,i1ii'-':~_~'ii~~%Il~lililiiJ~('"'il~~_!ifu#J@~,>'.i!i!1i\1,-),,~~-;M:&:~;;;~J.lf!_i~~~ "-/. 'I. ~~~~,,=" <"~,~~ ., -~~'- "..C" -""-~" ;.,--~- '~ -~,-',- .,-~ - '" - ' , '/;;1;7 .~ , .',;." :', " '.' It . -dr/ (k;t, C'~ ~ ~ p:' t- -!)'! ~ ~'l~- ~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d)(1) ofthe Divorce Code. 2. Date and manner of service of the complaint: December 5, 2001, by Certified Mail, Restricted Delivery, Return Receipt Requested. 3. Date of execution of the Plaintiffs Affidavit required by S 3301(d) of the Divorce Code: March 17, 2004; Date of filing and service of the Plaintiffs Affidavit upon the Defendant: March 17,2004. 4. Related claims pending: Equitable Distribution. Court retains jurisdiction over the issue of the division of marital property pursuant to attached April 7, 2004 Order of Court. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Dean A. Bowers, 88 Taber Road, Newburg, PA, 17240 by United States mail, first class, postage prepaid on March 17, 2004. Date Lf fr)..{OLr ~un.~ Tracie N. Wesner Cortifi,d "'.. ""crn ~ ~;;. ox ""~~ -. --~--, ",_,'C_" ,J;:" - .,--~-"",- <,,-, ." "'-1-- - '1'" .~ " . - ~ -- "' -~-,--'- -, -" ,'.'" ,_ ~ ,_ 'eo, ,-,,,,,_,,, ~ , L~~^c^' ,^, ~'f'_'" ,-' .~- "'fI'l!!!ll,, """, ,-,~..~ '''-,'~:C\'_~'''',"'' c-- %k = = "" -, '. ~ ",,-',\ .:.;,-, -"",'. --- -"",' -,""w''''~'' ',' ',,' '. '-~, .>,-""",,;;";"'f~~"'" - ,,,,,- '-~~'In"-] r'" ':' '-'t>tr"Y-'~:<i' "~~,"~ .'~,o''''7''7''-'i'''" ,.I"!"r_, JJ, .2," ~"":,,,"~-:fJ0~~~~~~""_:'''?*:''<;,':_.,,~~_~~,JIl::~!!l[r,,~,~~'; i'l L.-f~" '"' f" n, '_= - ',c'_-"-""-'"-"-,--,,,, -;'"- .., -~,"I- ~-" 1__ -f .'c_. _0.'_"'_"_" n ."... LUCY JOHNSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 , , ,L",^". "'^ ^' ..i.L ..~.".".,.,." ,w,.' .' '"~ t::5 ,e,iC?- "~.,^~, .,~-, ",~_I"'F' __"...;,,'''"~'' '''_,~~ - .' --"''''''11" y, "" C:''',.:> 0 C:::;J -n -,- ?::~ -l "T' ~ fj-ipg ::0 u!:')r1l N :80 S~~ (-!:-J :;:"';0 --I--r, I':" ~~~ ( ),;;:: _:1 ;~::.:;: -< .,t:::"'" :IJ .< __','<, ;_'''''>''-'''~~''~''/B','~~''~'':_-''''':'''~::~~~~1]~~~:_~~,1fl"~~~~~_~~~:~P~~~:l ;{" ,"" c . PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE, EQUITABLE DISTRIBUTION : No.I1I-W~IL TERM DEAN A. BOWERS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A jUdgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 LAWYER AT ONCE. IF YOU DO NOT HA VB 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. -"'i;~""" ",',_' _ _. _ ~ ''___^_"'.". ':',-;'1 ' ,--,-",,,,,-1,,., _ "~C-, r' _ ,_ "'"'-,-- -,. , ;.;:" PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : No.()/~(o8S(P CIVIL TERM DIVORCE COMPLAINT WITH EQUITABLE DISTRIBUTION COUNT AND NOW comes Plaintiff, Peggy A. Bowers, by and through her attorneys, The Family Law Clinic and sets forth the following cause of action in divorce and equitable distribution: COUNT I: DIVORCE UNDER SECTION 330Hc) AND 330Hd) OF THE DIVORCE CODE 1, Plaintiff is Peggy A. Bowers, who currently resides at 221 Lurgan Avenue, Shippensburg, Franklin County, Pennsylvania, 17257 since October 1,2001. 2. Defendant is Dean A. Bowers, who currently resides at 83 Taber Road, Newburg, Cumberland County, Pennsylvania, 17240, since January 2001. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 17, 1986, in Hagerstown, Washington County, Maryland. 5. Plaintiff and Defendant have lived separate and apart since January 13,2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court requiri: the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. "T~l;_ .' -~-'. -.~:'~- ,C:'-"'-" - . "'-", fe,+ --1,'"/',:", ,- '_~" ,'_ . '._,_ ,.. r~ _"_o___~,, __~, _ __< .__J' "'-_~-~-~,,_, " ~" ~ COUNT IT: EOUITABLE DISTRIBUTION 10. Plaintiff repeats and realleges paragraphs one through nine of the Complaint. 11. Plaintiff and defendant have acquired property during their marriage, including, but not limited to, a pension from Valley Quarry in Shippensburg, Pennsylvania. WHEREFORE, plaintiff requests the court to enter a decree in divorce, a decree dividing the property equitably between the parties and such other relief as the court deems just. Date I?J{) S/Ol !~et~ Certified Legal Intern L MAS M. PLA R BERT E. RAINS Supervising Attorney TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ':!,!, IT.],,: i_~ ~ --',-",~,) -"Y~' ,~1<1-""'fl'--"- "On '--."', ." ; "',-- ~, - '" ., y> ,-,P, 4"-' """ =< .= VERIFICATION I hereby verify that the statements made in the foregoing Divorce Complaint are true and correct, to the best of my knowledge, information and belief. I understand making a false statement would subject me to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification authorities. ~(J4~ Peggy . Bowers Dated: I Z Id S/l ( F!'l!!i't ~.- --1"-'--.7:-0:" "-:1'-";.(' .5''''~''o~ ,-"=,-.""",,,,'-':::'--d:-,-,',-r,:'^' "he"'" w - -- .-,,"_f- "'0';".-" "',' _~"'. ,~__ ,"__,i::'". ",j'",."",_,~_'_' ., -_ r ,,- ,~ , ., --~- ",' ~ t( c^ -,- ~-~,U,tl=~,T(,>~' ''__ ,.'C'," -""" ~ ""J.nJ!"r.<[_"lIPfi, _' "~!' }-\ :" :cJ H' ~"~"'"~,~.~_ _,__",~_~_,_,,_, "'~_ -, ", H^C~ "" Hrn"~ ir".l'f "Tl [1 ...-,c. "/" (,;-5 2 "'" z;~< j:;c= ~ -< ~, '=:J "--~t .:.) , C,;: -::.) h.; c~' ;.~:! 5J ~lW~'~'IW~1c~Wrll'j~'""'i1~-~~~~1Wlffl~~~: ."j'~' ~ PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO.I1/-fo~CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Peggy A. Bowers, Plaintiff, to proceed in forma pauperis. I, Matthew 1. Goodrich, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: December 5, 2001 ~~fi~ Certified Legal Intern 7 L J ~ ,f\/ ERT E. RAINS THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE F AMlL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ,,''t-~,__ -~ '---'- '--,,;'",:,,~-'- ;.-, , :.,-""" "">'~__-:l'~~~'IT: 'n'"'' ,.___>,_"", ,- ~-~--'"',"' '" , , ., '--~" --<.. S} t :.~"",,~c., "..' """""P,~,,,,",E"m,,,'"w.",,". ., ."""",,,,", c' , ^'-"''"'~' -, .,~,.~"'",. -.'~,,<o,,",w,. , o,.,-,e" ..",0;' C) (=-~, c-- :::':;" "'- !~, '''Ct", " 0..]1] '.") .. ' Zi.:,~ (r~,__' C. r-:; -::::-- .,,.-,--. L:::';:"< )>~~ ::.:1 -< .'lilllffl""ll" ~ 0>-'''' f" JJ~'_,?!-__'r"~':-:';, ,._~~~~~~~~~~I,IW5~~~~4K,_~~, -"I,-~~,~,~~4 ll~~'- - PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM NOTICE OF INTENTION TO REOUEST ENTRY OF 6 330Hd) DIVORCE DECREE TO: DEAN A. BOWERS, DEFENDANT: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after ADriI6. 2004. the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ;-~\".,,-~~ ,",l:r~_, ,-,~"i >-"":'"--~''2,\",:: i:,' -"'<':-:.-':'---"_;"r'-: ;'1 '-' - _" __~ -, '-,'- _c' ,- ~--, , . L- 1:5: #t _ ""U ".~ .<_"'_'"..",~=._~"_n '''''''~U'-.'l''<- "",~ ~. ..~ C) ,~ -'..."".m;.. "~'.-"","' .01 '" c:::::> C.::::> or- :t:~ ~,J ::~.] o " -' < - nlpd -qm -"0 <v 1 2@,~~ (j;'~ ~~ri -< f'v .r.:- ~< ,'" .,.'-.-. "",.X_,"'..'F",,,"o .,.~. -< "i.""_ ","'._..,:=,._.""""''l*.",,,'"o'''?t,7.,<,;<y')P;'_''' ,,'~_~~""~__~l'~ ~'7"'_' '_:/'"'""',~-!-. ", ._ e' J~~?T1,~,~~,~~,':r~!~!~~~,~ra.l'I'!J~~~~!f~HfJl~1~p~\f:llrr,)~~_._~~.:%:;~: JJ( : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRlBUTION PEGGY A. BOWERS, Plaintiff v. DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER S330Hd) OF THE DIVORCE CODE 1. Check either (a) or (b): () () () (a) (b) () I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): () (a) () (b) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If! fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verifY that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subjectto the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date Dean A. Bowers NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ;''''*A;,~,''l]IJ. '~,,""'-'.r__'''''~,-" -"c,..,_...".. .~, .1" -".-"-c-..__.b',,- -,-, -_'O,? ,~ '_T -, !,~.."........... ,"" ,""-<,~_,,.:J, _" ~> ,",_AI """'>c"_,_,,_,_~,,"_', __,':" e'. .J '- - c5 q:? .-",',~ :r-..,"j' ,!'.'''' _ ~__~<".~_ _"" o~ _"~ "",~~ ',_.' .~- ~ .;l1-"""",*,"'"",;.,,,. "" c:> C;:J" ....- ~ ~~u :;",J c) To ---1 X,i -t"1"~ -oril ::09 ~~9- ~?~ {""II' :":-.:\ ~i) :...:.: i'.1 ;1.-;>'r, ~~~.. en ,,- _~~\llOO- _.: _,..(1';P~t~'~~_~-Ilf~~~'~~r:Ji~I_~~~r_:~Q~Dlif~_~?;~ PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM AFFIDAVIT OF SERVICE I, Tracie N. Wesner, hereby certifY that on this I }... day of April 2004, I am serving a true and correct copy ofthe April 7, 2004 Order of Court granting Plaintiffs Petition to Bifurcate and Plaintiffs Praecipe to Transmit Record on Defendant, Mr. Dean A. Bowers, who resides at 88 Taber Road, Newburg, PA 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid. Lf / 11/oL{ Date ~~, uh. ~\AA.- Tracie N. Wesner Certified Legallntem ~,C )Wj,o 1ft _ l. _ ,'.,"' ~ ,,_ . '_',;:_~_?<_"", "", '- - I -e. 'I~ '" ,'- . - - ',.',. Pn_'_' .",-~"-" 'l;_, - "" .>, '-'-' , - , - - -T-r " - ., ,cor_ <" _ _ "_ _ _ __ ".,',,'" ""','", ,0- " l ~ " ,I I i I I'JllI_. ,,_ ,__"__",, ""d"'" "-'M ",_,,,,,,,,~k>';' ", ~" c _,,'. 'OJ.. .,"','~, ~ c "s'" ~b ,J J'<,_b-",!,J, Y,- ".<, ,"~~.~~~~~~~~, ~ ""n-"- "c'"~~~~. ,,__~-, "", .":It I"-.> 0 c= C::'.l -n -"" :::;:;o~ ---1 -~'<..1 :r~ -n :::v rnr -(1 il1 :T..JCJ N 06 --!'--- I-~'ri :&.,,-~ (2F5 '. -... (--- , ofn C:~:: ;z ~;: _.~, c..n c,,_.., ~< (.n :< ,~,"_"~I!JI.~r~~)3Il~~~~ ,,' PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DIS1R1BUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. The parties to this action separated on January 13,2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. /} / . ] - 7~/)Lj Date p~oEr~,~ ,C_'j'i.'?'~.<", "'1'-<'"'-_";.__""-;1'":- '0' _y/" , [<"-' f -,,^ . ,^- " .,- ~" , " ""'" ~j ]I.L.,""~,",,""""", ". --/"- ~ v~ ~ ,,"~,' ,,~_ ~J_-'A'f"KC<",';<.~~, . ~" ',' ' ,;v ~~,~ ,.J, ,~'" "':e_ " -"~"~J _,,__ ,'" ,,,. ~ ~.~'- O~,. ,,,'.'''' =" ,~~~ ","C 11fl""':: "''' '= ~ o 'Tj ~ .'!.JC.t ;;V ...., :r' m.JJ r' :gf.!l .c.y Q6 ;~l: =R ~c3 OfT] --I ~ -I :"12 (J'} f"'-.) '~,,' /~!Rl~~~$@!!~~-w.;F~4~'R~"";"'r'jlY,W'-~"f,@~~~~#-fj':/~~m.r~~~~~:~~17. ;;,~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVlL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff ~6 CIVIL TERM CERTIFICA~~ OF SER~ I, Matthew 1. Goo . h, he certify thafolrtlri - upon Mr. Dean A. Bowers who upon 12(6~)(J1 Date ./ FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ~t' , ; . . , .. " . . ;. I . , - -~;Y"",";;';l~ll L ~ r ",- .--."""'-- - ,- '- , .. " ~~'"" "~_~:~![fIL(" ~ ~-, ,.' ,&-,'- .'"-~, - .,~", "" . . , . I . ..".,., , "rnt'''Tllil,l' nn'l1'C'ir"ifi"fll"'i (j c: "" ;g ,S:~ ..".,' ~t -s::\. ~,,- --.( , -::-i-i' -'-- c~~~ ;~ -< :'\.) Co,) cS '-'0t1 C:-;t r...,) .-< 1"\,) " ,:::) -;''J t , " . '_,L~"-""-" ,!",,," .' _,~ _~_TJ"_,"';-:"__""."",,,,,,,,,_~,._'"',7'w.dll:~ J::~~~~}!,'jf.,,.,,~~~<;,,P';'G"1.;,,,~,,!,iiji.1>~:;;Wffl~i~~:t~~~~~;,rr~~.F; -. - jjllIi '''jJ!_l/.\~",~~, ,-,- --" ...,.-:f:OI;Tr-:; 'It~';'~'I:'2:'and 3. Also complete 'i-4' if Restricted Delivery is desired. af'rii:!t your name and address on the reverse $"lhat we can return the card to you. . Attach this card to the .back of the mail piece, or on the front if space permits. 1. ArtIcle Addressed to: x D. Is delivery address different from lie'm 1? If YES, enter delivery ,address below:" , ham. A. Bot;.(~s ?f 3 label- iKoOil ~l:/evJ~U~1 P4 fllJtffJ 3. ~- <jiCF~"" - # l , m =?- m IT" ..JJ IT" IT" =r- Postage $ Certfried Fee I:Q Return Receipt Fee r; (Endorsement Required) t::J Restricted DeJiveryFee CJ (Endorsement Required) t:J , '~..".... ,~ ,~ ",',,-':"' r' ., "-~. ""-~.'.",,, <~ ., PENN STATE ~ The Dickinson ~ School of Law Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University I 'libe Dale F. Shughart , dommunity Law Center ~5 North Pitt Street OarHs]e, PA 17013 Office: 717-243-2968 or 717-243.8034 Fax: 717-243-3639 March 16, 2005 E. Robert Elicker, Esquire Divorce Master Office of the Divorce Master 9 North Hanover Street Carlisle, P A 17013 RE: Bowers v. Bowers, No. 01-6886 Request to Vacate Appointment as Divorce Master Dear Mr. Elicker: This is to request that you vacate your appointment as Divorce Master for the above referenced matter. You will recall, the parties appeared at a hearing on December 9, 2004 in order for Mr. Bowers to sign the Qualified Domestic Relations Order. At the hearing, we agreed to notifY you when this matter was finalized in order for you to vacate your appointment as Divorce Master. The QDRO was signed by Judge Guido on December 13, 2004 and sent to Mr. David Rotz, the Plan Administrator at Valley Quarry. Mr. Rotz sent the QDRO and distribution forms to Wachovia for approval in January. Ms. Bowers has informed us that she received the $10,000 distribution. As requested, 1 have enclosed a copy of the QDRO signed by Judge Guido. Please let me know if you need additional information. Respectfully, C74Nt 1.;)f.-- Linda E. LeFever Certified Legallntem cc: Peggy Bowers The Dickinson School of Law of The Pennsylvania Slale University An Equal Opportunity University ~'!' ',' : ,,;.,.,'0' ''4". "':'_"-"T'>,_"":~~ ,'-.' "if-- O""c_",,__, ':"'='-1:'=":'-1'. _, ""'_~r__~ ". _ v-!' '1" ~--~,~ ~r- .,..~ PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF '\ : CUMBERLAND COUNTY, PENNSYLVANIA' .' v. :. (::IVIL ACTION - LAW '. , : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM - QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the above-referenced divorce action is pending in this Court pursuant to the Pennsylvania Divorce Code, 23 Pa. Cons. Stat. SS 3101 et. seq., between Dean A. Bowers, hereinafter referred to as the "Participant," and Peggy A. Souders, formerly Peggy A. Bowers, hereinafter referred to as the "Alternate Payee"; WHEREAS, the Participant's current and I"st known mailing address is 88 Taber Road, Newville, Pennsylvania, 17241, and his date of birth is January 9,1962; WHEREAS, the Alternate Payee's current and last known mailing address is 10 Pennsylvania Avenue, Apt. 1, Newville, PA 17241; WHEREAS, the Participant is employed by Valley Quarries ,and is a participant inthe Valley Quarries Profit Sharing Plan, hereinafter referred to as the "Plan" and the Plan to which this Domestic Relations Order applies is a Retirement Savings PI~n, and any successor or transferee of the Plan, including any plan into which the Plan is merged or consolidated, whether or not terminated; WHEREAS, the Plan Administrator is David Rotz; WHEREAS, the Participant and the Alternate Payee have agreed to the division of marital property, which agreement provides for the entry of a Qualified Domestic Relations Order pursuant to Section 414(p) of the Internal Revenue Code, as amended, to provide for the division and disposition of a portion of the Participant's benefits under the Plan and to grant to the Alternate Payee rights to such benefits in such amount and on the terms and conditions prescribed in this Order and in the Plan; and WHEREAS, this assignment of benefits does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan as determined under Section 414(P) of the Internal Revenue Code; this assignment does not require the Plan to provide increased benefits (determined on the basis of actuarial value); and this assignment does not require the Plan to provide benefits to the c,"~~ _ '0' --' ~;" - - "' . rT~- ~~""""_M~_~ -,' ,;-'1 I I' - ~;" . " ,{ Alternate Payee which are required to be paid to another alternate payee tinder another order previously determined to be a qualified domestic relations order. It is therefore, ORDERED, ADJUDGED, and DECREED as follows: I. Amount of Benefits. The Alternate Payee is awarded ten thousand ($10,000.00) dollars from the Participant's accrued benefit under the Plan. 2. Time and Manner of Payment. Immediately upon approval by the Plan Administrator of the qualified status oJ this Order, the amount referenced in Section I herem shall be paid to Alternate Payee directly in one lump sum. 3. Liability for Income Taxes. The Alternate Payee shall be solely responsible for, and bear the burden of, all federal, state and local income taxes, if any, due and payable with respect to her distribution, and the Alternate Payee shall exonerate, indemnify and hold harmless the Participant from any resulting liabilities, including, but not limited to, any federal, state and local income taxes, penalties, fInes interest and/or taxes of any nature. 4. Alternate Payee as Surviving Spouse. Until the Alternate Payee receives her distribution, she shall be treated under the Plan as the / surviving spouse of the Participant only to the extent of the amount set forth in Section 1 herein. / The Participant shall make no election inconsistent with this Order concerning benefits provided to the Alternate Payee under this Order and the Plan Administrator shall not recognize any election or beneficiary designation by the Participant inconsistent herewith. The death benefit payable to the Alternate Payee as the Participant's surviving spouse upon Participant's death, if any, shall be payable only to the extent of the Alternate Payee's entitlement to benefits as provided in Section 1 herein. The Plan Administrator shall not take any action which will cause any amount due to the Alternate Payee or her beneficiary to be paid to any other person or entity under any circumstances. 5. Participant as Guarantor. To the extent of the dollar amount due Alternate Payee pursuant to this Order, the Participant shall be the guarantor of all representations, warranties and obligations recited in this Order, and he shall be personally liable to the Alternate Payee for any deficiency or adverse consequence _i:.__ _:wmJ ,~. . " . ~..". . ',' . " I -^ ~ I , I I I , , 1 I 1 , \ i \;,,~ 1- that may arise out of the failure of any representation or warranty to be true and correct in all material respects or the failure, for any reason, of the Plan Administrator to carryout the terms of this Order. WHEREFORE, it is intended that this Order shall qualify as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974 and Section 414(P) ofthe Internal Revenue Code, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or to maintain its status asa Qualified Domestic Relations Order. AND NOW, this I ?J ~ day of Stipulation is hereby approved as ORDER of this Court. all the terms and conditions ofthe Stipulation. SO &LATED: , 'A,(fi&~~ Dean A. Bowers, Participant Date: /;<,~ q ~ rY1 TRUE COPY FROM AECORU In Testimony wJ1efOOI, Il1ere unto set my haM and the &~, 01 ,said Co, tl::,' Pa' This Ii f ~ lit _ 'plMi , -- 'j I? ~- , I'rotIJcAOllrlf ~ , "41 ~ ,~ ~ ~~_J~, Peggy . ouders, formerly Peggy A. Bowers, Alternate Payee Date: Abigail .W. SOl wage, Certifi Legal Intern RO~a~M}~ THOMAS M. PLACE 'LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff/Alternate Payee Date: 12-- q -04 ~ , 2004, this 'rected to comply with 1. ",,'- - ~ ~ ~ !~' -' ~, PENN STATE ~ The Dickinson "lIP School of Law Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 4:5 North Pitt Street qarlisle, PA 17013-2899 (717) 243-3696 Rax, (717) 243-3639 October 28, 2004 E. Robert Elicker, Esquire Divorce Master Office ofthe Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Bowers v. Bowers, No. 01-6886 Request for Hearing on Equitable Distribution Dear Mr. Elicker: This is to request that you schedule a hearing in this matter to proceed with the distribution ofMr. Bowers's pension. If) receive the signed paperwork from Mr. Bowers in the meantime, I will be sure to let you know. On July 15, 2004, The Family Law Clinic appeared with our clknt, Peggy Bowers, and Mr. Bowers appeared without counsel at a Pre-Hearing Conference in front of you. You will recall that at that hearing, Mr. Bowers agreed to make a $10,000 payment from his pension to Ms. Bowers and agreed to sign the necessary paperwork, including a QDRO. You said ifhe did not sign the paperwork, we were to contact you to set up a hearing. On September 6, 2004, I sent the proposed QDRO to Mr. Bowers at his address for his signature with a stamped return envelope for him to mail it back to me. After discovering that there was an error on one of the documents that I sent to Mr. Bowers, I sent him corrected copies of the proposed QDRO with a return envelope on October 14, 2004. I have not received the signed QDRO from Mr. Bowers, nor have I received any contact from him or someone on his behalf regarding it. Respectfully, ~ Abigail lW. alawage Certified Legal Intern cc: Peggy Bowers Dean Bowers The Dickinson School of Law of The Pennsylvania State University An Equal Opportunity University ;;:Ulll~. "",.,_" -~.-.h" 4:?-_'''~~ ~~'-~-:" '<'':?!~l ,-...., . -~ ~- 'F'" _c ~- ,,~: " .. , ~ PEGGY A. BOWERS d' l{?Ij 0 IN THE COU RT OF COMMON PLEAS OF CJ U I 00 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V5. NO. : 01-6886 : IN DIVORCE CIVIL 19 DEAN A. BOWERS Defendant STATUS SHEET DATE: v1~'IS/ W ('(I, ACTIVITIES: 3!t')d5 '~.IN.', ~ ~b"tM~~~- " '" ,. .., "." '-.'... .'" ,>",,"..., "". .,..'. , .,,'. ""-~ un ~'T" "'"" o""~'~ _ "9', ~ '-' ~~,-"- :0:.J ~.., v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, EQillTABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this the / 9'" day of k~ , 2004, E. Robert Elicker, Esquire, is appointed master with respect to the following claims: Equitable Distribution. By the Court: al;\ O:)\~' sW .:', .~'- -"c'~ ~", .'_,'~~.!r"~':1""'- -''''_.~~ .,,':"",..r.'~,'~"~'" - '-', '''-''~_' _to ._" _"":'"."_ ..~" " , , ~_. --'-- ";.....1 " _..~ , ~ ,"A .' ,'_ li,h,i~,~~j,"!f;KM.\.'\;:;,H,'-!iL~~r~~ijli "0" .-";;< -'" ,'<C.' Lk:';"~0;,;,'~},;':~ '-'-L~ ~O.._ .. _,.~ "."_ lli jjj'J """"~ : '-~, i1_""-'~'-"'..i! ~ L.', ,", ,-'~"'-~"'~=-~ FiLED.,.OFFiCE ~ N'O"[' '~'I~'I'I'~"I OF THe: t',,:., !':l!i'U,,',.j Znnl ""0 18 uu; i"iHi\ ' '.i"" 9: 00 >'11. ./ C' f" 1":--:"'- ",'~ ,"_'-1 '\j'r\1 j oj !: ;. ",: - '-.1, ,. .:. , .:; , , t h II ~, 'L.d.,'_,-._< q., :;.,... .................., . PEj\);\j;~)\(:_V/\;\~:,A, Z'k_ . v v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CNIL TERM MOTION FOR APPOINTMENT OF MASTER Peggy A. Bowers, Plaintiff, requests that the court to appoint a master with respect to the following claims: () () () () Divorce Annulment Alimony Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: I. Discovery is complete as to the claim for which the appointment of a mater is requested. 2. The defendant has appeared in the action personally. 3. The statutory grounds for divorce are 23 Pa. C.S. g3301(d). 4. The action is contested with respect to the claim for Equitable Distribution. 5. The action does not involve complex issues oflaw or fact. 6. The hearing is expected to take two to three hours. Date :j I h I (f-f ~~ 't\.~ Tracie N. Wesner Certified Legal Intern ~L<-;afl1 ONALD-FOX LUC 0 STON- WALSH THOMAS M. PLACE , '-~'-~-' '''--' ,'-\;,;'--"-" ~!""" ,~---,-"--", ,,-'~.' -'f; ,,:-.:,,:,j,-"; ,... ,', ,"' ,., ;~~ <6> '... '~_, ': 1, :' ''''.''. '~'b:',!t,:~"?:, ,_"" ." "'-_F_ _~---: ,,', F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 I" " ,,-, _ '. _-;__~ 'r_.'O "'. ,,',,'" .-"1- HJ"",p,. ..= __..., ",_,i._J~II!!I!@l!I!~~ . ~~ "'" = ~ = J:- ::3: :-cl ::;:... .J.. -r~ ::;:; fllp --oi-n -.J :00 Or'- -{v ~ --,-; 6-n 7"('") 5...n U1 ~~ .< "_ ~~'Il!Il"~ ~_,~.l1 1J ,"'-'-, _ ~JI '''\'''1 _.' ,"" ~"';'T^,_~'I~~~~f!.'r.!!W~cVl<,,~~m,e:r~(f""-"~''lf~''''~~~X~f~W!f~i!1fI~~'~~\'T' ~t' PEGGY A. BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of April, 2004, after hearing, the Plaintiff's Petition to Bifurcate is granted. She may move forward to request a decree in divorce be entered under the appropriate grounds and reserving the issue of the division of marital property. Edward E. Guido, J. ~racie N. Wesner, For the Plaintiff ~an A. Bowers 83 Taber Road Newburg, PA 17240 Defendant, Pro se Certified Legal Intern /' ~ O~ -O~-O~ srs 'i~" 7_<_'_~_'_~~ry'"_,, __ _.' __-,0" __" ,"' _' ~ ,c, ,~. , ,_ fo'. " , ' .' -_. -. 'r__ ~lWl.,~~ir~~I;jf~,k1WX-if-!i';;~~J~~A~'il'';';";;'''-;;i'~I'<;f*,*d~;'~~''l-~~~' "~;~l'l-''''il' i ,-" -.=-~~- "-~;;!i&ij~rln'l -, ~'c, CllE[}-omCE , " "'O--L,r;'l"'l'i,qy (J"~ T~~ D'~:'l : l-i',):" 1.....1 rI...l , .l h_ ,... \~ 2009 !,PH - 8 PH I: 08 CU}~SE,i::ii'-:;.,/"> i);)!JNTY [11',:-;1\ (\~,C:\I;I \,if:,,1\~,Q\ 1:,_"" '''-'' -" ",ii., "Hit lI!!II~U - ,~"', - ."~~ ,~""",."",_,,,,~T.,,," _ ,".oo;'71_~ , .~ 'liD- , , ~'&_'~"-I'~, 'if:?'''' V'"" ".-.,-"- PEGGY A. BOWERS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. DEAN A. BOWERS : NO. 01 - 6886 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Peggy A. Bowers Family Law Clinic , Plaintiff , Counsel for Plaintiff Dean A. Bowers , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 9th day of December 2004 at 2:30 p.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, (' George E. Hoffer, Presidenf>Judge Date of Order and Notice: ] ] /12/04 By: Divorce Master 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 32 SOUTH BEDFORD STREET, CARLISLE, P A 17013 TELEPHONE (717) 249-3166 - .i1:'4"'Sl1.. U, .'''''----'C'.,- "' ~ff:'~,-. ';"--, " "--;,"~"-'::."";<-' "1'''-', PEGGY A. BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 6886 CIVIL DEAN A. BOWERS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Family Law Clinic Peggy A. Bowers , Counsel for Plaintiff , Plaintiff Dean A. Bowers Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 14th day of July 2004, at 9:00 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: May 21, 2004 E. Robert Elicker, II Divorce Master "!.7_~~~~-U~) ~~':r!_ ""Y'.,,'" ',_, ,.,., or' ...,,-, lU . MM 3 1 2003 ~ Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CIVIL TERM 'IF ORDER , I: :ND NOW, this L!!. day of~, 2003, upon consideration of the - ,JJ~ -t foregoing petition, it is hereby ordered that 4.. ~~ .,.. 't-A '1 '":-:Jf...J:;:;.I- s~ e_ ~~ ~ c;At ~ZJ: ~:;-:=r- ~ 0- . 1) ~ Ii! . lrng 11 a. vvL.J th.... y.:.MotiBRor i/J pot 1">11+;+1-:-9 ts Yis fslisf r8qti53taa. Ploifi1!1ff .L'"'\'l'...v~L tL.i~ IIvHvHibk CuwL tv t;;lUCl t11\.ulc l.V 311uw (ULlM' why lh" ]')"l"lldam snoulO not be compellec1 to tHe hIS lnventory within twenty (20) days 8f E1BP\1.88. :) tHe r@op'::'J:l-&"Hl"hull KI", au QJ.l13 vv \,;1 Lv ll.,-, t'LhMS- ny;thin twentv dayS of service - _jS'::'.u. l1.LV H,,,"pulld~llL, ~ 3} th.... y....l\l\"-'.L.L ",luAl:"", d,",v~dvd l.U..Ld..... Ptl.R.~:P 1\.11"0 '1{)~.7; 1) Q"f9BitiBna BRan \Jg u~HlFl1ti9 .....T;+hin rl~'~ nfthi/Ol rt~te' (l....lA~ ~ &:. If) 04.111. af~lMl'lrt GlIall e e held on ~ J 7/ ieoJin Courtroom ~ of the Cumberland ~ Cumberland County Courthouse, Mtl.- ."Iiir rJ,tice of entry of this order shall be provided to all parties by the petitioner. 1. '"L Lls! '..~ ".'~_<'-,,"." "t~t. ."" :,.,"'1"_"-;:,",";", j, ',?' 'I'J:<:".--'':7: ,_, , -.'Y:'"~'O_~ -'~'~,' """'". '," ., I.~ ,-c - ~,"" ." -.;"-1". E~"l~ ~"+~~~ :.,<;, :~~~. i~~J'> i~"~:,,rth. "~.~~~~'<l!~b~~4~li~!li~j~' '.~:'";'" 0i:t ~~ lkDa;:k:ci.; ",.,.., , " " ~ ,~,,~~~ '"P~~~.<"='~ , ~. .~,~"',. . , .~~ , ~7rJ .<-,., . .~, ;;,,: ,.;, ED"'O::FICE ,.,-, ".-.. 'rl~rr-'-'DY 1..)1" ,. '''''., :\",)U~Li I ;u"1",3 ,',p. -r,.? .- ') iL<tl 8' I'" '" U c.. hi: ' ::: CUMBb,:U:".;....,u COUNTY PENNSYLVANIA '--; ",> ""','" -...."'. .~ d "'\ 0 . '" 'i ~ ~cj ~ ~ ~ ~ ~ ,i ~ <:;:j ~ ~ ," i. ~ ~ --< 'J:i'~' Peggy Bowers, Plaintiff, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant, Respondent NO.01-6886 CIVIL TERM PETITION FOR RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE COMPELLED TO FILE AN INVENTORY The Plaintiff, Peggy Bowers, by her attorneys, the Family Law Clinic, petitions this Court to issue a Rule to Show Cause why Defendant shall not be compelled to file an Inventory pursuant to Rule 1920.33. In support of her Petition, Peggy Bowers states as follows: I) Plaintiff and Defendant were married on April 17, 1986. 2) Plaintiff filed a complaint in divorce with an Equitable Distribution count on Defendant on December 5,2001. 3) On May 24, 2002, Plaintiff served on Defendant an Inventory of all property owned and possessed by Plaintiff and asked Defendant to respond with his own Inventory. 4) Defendant failed to file his own Inventory. 5) As a courtesy, on February 4,2003, Plaintiff served Defendant with another copy of Plaintiffs Inventory. Plaintiff gave Defendant until March 1,2003, to respond and file his own Inventory. 6) Defendant has failed to file his own Inventory or respond to these requests, 7) Pursuant to Pa.R.C.P. 1920.33(a), each party shall file an inventory specifically describing all property owned or possessed at the time the action was commenced. Pursuant to Pa. R.C.P. 1920.33(c), if a party fails to file an inventory, the court may make an appropriate order under Rule 4019(c) governing sanctions. "_\1,,_; ~''- _ ,:'t';_v",,-,q.'~, ~'NO"-'~;---;-" :'('_"-:,'" \ "~;:'-F >",,:,~!_~ol~:";:~__ ;":,,,,,-~-_,~ !'_ _:"--'__" F_ ""_"__ ~ ,- '" " . ,- -?'- -'-, ,,~,,' - ,'.1' <~,'" f'~ ,'~ . 8) As of this filing date of this Motion, Defendant has failed to provide the Family Clinic with his Inventory. WHEREFORE, Plaintiff, Peggy Bowers, respectfully requests that this Honorable Court enter a Rille to Show Cause why the defendant should not be compelled to file his Inventory within twenty (20) days. Respectfully Submitted, Date 3/1-g j()3 / I ~z.-. Heather Fine Certified Legal Intern ~f~ Robert E. Rains Thomas M. Place Lucy Johnston-Walsh Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for the Plaintiff "", . -.:",~,.VE_'O'-:o-""''C:o"S'J-",-,_'" _C'O<,_i"'~ _",_" -:?'-' --.,' ':'~~Y /,,_, ., _~'" -_i', ,.o,:~,.~,..;" ,'7~,,, "~,1'-' .'," --", it'''''' ,- ',-< T ." , ., -. .m' .,,", " ___.<',.'__(""., ,,",,- , PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM CERTIFICATE OF SERVICE I, Heather Fine, hereby certify that on this .2~'day of March 2003, I am serving a true and correct copy of the foregoing Petition for Rule to Show Cause Why Defendant Should Not Be Compelled to File an Inventory, on Mr. Dean A. Bowers, who resides at 83 Taber Road, Newburg, P A 17240, by depositing a copy of the same in the United States mail" first class, postage prepaid. 3/2!1/0 3 . I Date ~-Z- 'Heather Fine Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 -~;'-:\'-~-"': ""'" .=.f ',"\"~:\;'~--7A~(-C_"'/-~_~:-'~;!l'""'JJ;{'"""t,,,,-,---7" :,--< -f-, :":_' ';'1-,; ,- ~ ':'- '-'<~"-_',_" .,. ,. - ~, " H . . "' _ _ ~ ;~7 ":T,-_-''',,__~ ,'_~_~_.__ ---1-;9 -G7 1.._" ,..,.,' ~ ~ ~ ='::..~_'~r, '~'- ,-" ~~ ,- - ~ ~ -. ,~ '.-'_' --, _ ,>>"""c~,_-. ~... "-,- ~ ._' - -0" 'e ~<<_h.' ',",~ ,,~ ",-- ~< - "",,",' " ---.".. ....TII' . r'~)- Ci (') 'n '-'1 (') ~ '- u((; f"llrn ~.2:' (f) -< r;:: ~- )..- r, ~~~ ~ "" r....) CD ;--i'~;~ -,""'j j.,:"'l -'~{~) ""t, :"--,.:1:1 '. 'r') r'\l:'n -~ ~ -< ~:: .-". t.::;; :J1 fv ml~JJ,~_Ql~~.~~--~~l~,% -~'!r~~"?;,qiT_~[~"_,_,,c ,~"~,!\l!t,,. ',_ -- ~~~~\--'-<._,-~:- -'-, ,- ....:> ........ ~. ( Profit Sharing Plan Participant Statement DEAN A. BOWERS 2240 LINDSEY LOT ROAD SHIPPENSBURG PA 17257 December 31. 2000 SSM' 163-58-9.50.5 Vested Percentage 100 . la.anc::e 9/30/2000 Plan Trusfers Dhtributions Loan Rep&)'lIIent Fund Earnings Forfeitures Contributions alance 12)31/2000 42.8.35 53.7.5 79.58 22,2.18,.44 428.35 279.04 63.67 18,887.64 80% 0'% 0% .' '\:!ontributicm Directi.ve z." ' -, 1- ,"' -,. - -, ., da.nce 9/30/ Plan Transfers Distributions Loan Repa7llent Fund Earnings Forfeitures Contributions Balance 12./31/2.000 Contribution Directive 2.2.5.29 15.91 3,330.80 20% 0% 0'% 0% Remaining balance of 01/03/1998 loan is 2.112..2.4 Prizauv Beu.efic~ PEGGY A. BOWERS secondarv Beu.eficiarv(!). JACK D. WEAVER KAnA R. BOWERS FELICIA .10 BOWERS I \" ""~-}.'t'!'!Si7J._",:",,,~, ._ ,,~" ',__~; '<,"'7"", " ",c, --- '-" .............. ( Profit Sharing Plan Participant Statement DEAN A. BOWERS 2240 LINDSEY LOT ROAD SHIPPENSBURG PA 17257 December 31, 2000 SSN 163~58-9505 Vested Percentage 100 .lance ' 9/301 tooo Plan Transfers ~istributions :r,.oan lepa)"Dlent 1uJl.d Earnings Fo,rfeitures e;ontributil)ns dance 12/31/2000 428.35 53.75 79.58 22,218.44 428.35 279.04 63.67 18,887.64 80% 0% 0% ,~ontributiQn Directive c. alanee9/l0/ Plan transfers Utr:i.butions Loan Repayment ~nd Earnings Forfeitures Contributions Balance 12/31/2000 Contribution Directive 225.29 15.91 3,330.80 20% 0% 0% 0% lemaining balance of 01/03/1998 loan is 2 , 112. 24 Jlz:imarv Beneficiarv~ PEGGY A. BOWERS Seccnula~ Beuef'seiaryf!) JACK D. WEAVER KAYLA R. BOWERS FELICIA JO BOWERS I \" ''l1~':.,1!ll"~~""""".,<,,,,_,_,_t _.',,, .",<_, ". ~] ( Profit Sharing Plan participant Statement DEAN A. BOWERS 2240 LINDSEY LOT ROAD SHIPPENSBURG PA 17257 December 31, 2000 SSN 163-58-9505 Vested Percentage 100 "' . ,.mca 9/30/2000 Plian Tr&1\sfers D:Lstributions ;Loan Repayment Fu,nd Earnings Forfeitut'es r,:ontributions '.' alance l2'/31/2000 428.35 53.75 79.58 22,218.44 428.35 279.04 63.67 18,887.64 80% 0% 0% ,~ontribut:Lon Directive (.". .ance.9130 /2000 1'1$ Transfers Distributions Loan RjiApa'11llent hndl Earnings Forfeitures Contributions Balance 12/31/2000 Contribution Directive 225.29 15.91 3,330.80 20% 0% 0% 0% Remaining balance of 01/03/1998 loan is 2,112.24 PriDl~ ,eueficiarvf,!l PEGGY A. BOWERS seconclatv Beuef'ICiary(!} JACK D. WEAVn KAYLA R. BOWERS FELICIA JO !OWERS I \ "" ,-.,,~-,~" ", -"",-, ,,,--- -... - ~"","'''''''' " ' PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM INVENTORY OF PEGGY A BOWERS Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years, Plaintiff verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subj ect to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~ ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 1, Real Property ( ) 2, Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7, Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10, Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ~--JJ ,k - >, """\<-_W','lV~,",,:"'_ "~,_",,,_ ",,,_,,,,_.]-,,.,.._ '. ~+, 'j" '-),,/-'~_1"._,,- ,_, 'v_v> '''-'h """"_' "~, ,'" _~_:,,,.__,," . ,~_,__,___, '''. v,.",,_ . ,'-- ,- ,_.",_ ,<-", '''' H_,_ ,J ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award (x) 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryNA benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description Of Property Names of All Owners 17 Profit Sharing from Valley Quarry in Shippensburg, PA Dean Bowers 18 Pension from Valley Quarry in Shippensburg,PA Dean Bowers NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description Of Property Reason for Exclusion Item Number PROPERTY TRANSFERRED Description Date of Consid- of Property Transfer eration Person to whom Transferred . --.~__:_'o: cC" _ ,)l~:., - ': f U;-}~'<~""ct,!~ S ;';~, ,,'-p;t;'~~: ~r'r':"'",.0"':f ,'""t;~~:~.. !,'"ttfV.:-P, _ 0._","_,. ~ -".,-\", '.',- ',- -,.,., '-~'~-,-, ..,<"-,-. "'- - - - -~, -'"'o-'~-, .- ;-~",,",---, I--~ T. <<. T Description of Property LIAB~ITIES Names of All Creditors Names of All Debtors Item Number Plaintiff reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. . , -, 'T,fT">~';"~'~"~-"'~,)?",,i'n'i'_4_r$_"::_~,!''f','>~~ c' :-,- "'I", ,N'~'>~,,:~-~;, J;," ,- {-'J ",' J_'O-'''_e._ --''7",Y',.,;-,';" t",,:._- ,- ,-_-.~_ I-~- ,~, ''--,,'--'' ..'j -~, ',." _,,~__,,_,," ~: 7,-""..""""',_ ".C'_,~_,,_ ~..._ , ~~"""'","'~ '. ,,-~. ...~ ""-- .'!'< ~ ~ - .~ . ", " ~.'--', ~"~' "'- o~"." -'k,""O" ", ," "''^~'->''''''-''--' (') f~~ -c..1 i~_::-:: f"iJ(,"'1 2-,.' 6;[:'-' E~l.'_~ ~?C, ~~] h,; ~ -....! -( .~ ~ ~U '",,,,,~>>">h,'^~,_~_. ~" "'~"s>_ .',ii-,'.'It .' C,~) 1'<, .~ ',;,,. -< ,---",J ;1 ',j .::.) --I )~ ~ -< .;, _N'I,"""",,,_~,,"^~. __~L!,~~~~~~'~i;ti~~~-~~r~~~~,IJi!~~~~~~~ ~~'}f~JiRi?' '.',. '1\- M~ 8 2004 (? . 4, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVil, ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM RULE TO SHOW CAUSE WHY BIFURCATION SHOULD NOT BE GRANTED AND NOW, this ~iJ.. day of rA ~ ,2004, on consideration of the within petition and on motion of The Family Law Clinic, attorneys for PlaintiffIPetitioner Peggy A. Bowers, a Rule is entered upon Defendant/Respondent Dean A. Bowers to show cause why the request for bifurcation should not be granted. Rule returnable the 1 ~day of ~ ' 2004.$ ~..} I:> A. 14 . ~ ~ 1$S"" g~ ~ ~ ~,..:t~. ~ t~ll~ ~~ ~rJ..q-kt~,(.- ~ t t4:. ~. By 000, J. :H.:',- . ~':,"-~ ~. -f-', "_-<:",'(, ~ '.\i\<,r-,:,,-'~:;_,,;:,'~'~?'::,,; .~,~~ "'_":' -,"-"-'" ~~ , ,~ -, ",__, -' ::_ '_;__ I ",,__,'" ,_' ,;__;: " j-;:~I!iiilliW~tt~_;I*"...m~~~~j;Gl#--Am'i~_~,~;1M;[-ili~w.l;".l~~_ 1\ J~\ ~!, ... " ~f~t~~~I%'1:.~".T:__.~.,"P''''-'''''. ~._".,""""",",'_~_=_-". ,_"_~,,,"_ '''. ," ,,'""-'_,~, ~,,'",,"~., .", > ,'_,e , ,""',".., " " ;G;;~' ,'~;;', , "". "x i ~ ;'iiI!' ~," .. ~;;"" ('" ;'71 ,)/~ ?! it-.. ...E/)..,r .~ . r;t~ P0,___~1~/I';~(~:C ? "l_,,ri,,,(;_:./'.... 'Un!!! ' '1, ",I,),; ... ,J 1''< , ~-.. ,'i .- ,; '-'" v! ','(if) P' "< "-'1.,./v 'ill :,.-. 'I <,j q, /0 u .<'<0' -~" ,,' ~ - ~ , 0' t v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM PETITION TO BIFURCATE DIVORCE PROCEEDING PURSUANT TO PA R.C.P. 1920.16 Plaintiff/Petitioner, Peggy A. Bowers, by and through her attorneys, The Family Law Clinic, files this Petition for Bifurcation and requests that this Honorable Court enter an order bifurcating the divorce proceeding and reserving jurisdiction over the remaining equitable distribution issue. In support of this Petition, Plaintiff represents that: I. PlaintiffiPetitioner, Peggy A. Bowers ("hereinafter Plaintiff'), currently resides at 10 Penn Avenue, Newville, Cumberland County, Pennsylvania, 17241. 2. DefendantJRespondent, Dean A. Bowers ("hereinafter Defendant"), currently resides at 88 Taber Road, Newburg, Cumberland County, Pennsylvania, 17240. 3. The Complaint in Divorce was filed on December 5, 2001, alleging the grounds for divorce as irretrievable breakdown of the marriage under sections 3301(c) and 3301(d) of the Divorce Code. 4. Plaintiff and Defendant have acquired property during their marriage, including a pension from Valley Quarry in Shippensburg, Pennsylvania. 5. The parties have not been able to resolve the distribution of property. 6. Plaintiff is in another relationship and desires to get married in July of2004. 7. Plaintiff has attempted to move this Divorce proceeding forward; however, Defendant has failed to cooperate as follows: a. Defendant failed to file his inventory until this Court issued an Order of Court on April 17 , 2003, directing Defendant to file an inventory and appraisal. This Court issued the April 17, 2003 Order of Court after (.,~_e . ,', ,,;<_,_ "'0' .', _0 _,~,. ,-____~ --I ~ " """,-"1-' < - I ' -'-,,~ ., t issuing a Rule to Show Cause why Defendant should not be compelled to file his inventory on April I, 2003. A copy of the April 17, 2003 Order of Court, the April I , 2003 Order of Court, and Plaintiff s Petition for Rule to Show Cause and are attached and marked "exhibit A." b. Defendant failed to answer written interrogatories illltil this Court issued a Rule to Show Cause why Defendant should not be compelled to answer the written interrogatories. A copy of the Jillle 2, 2003 Order of Court issuing a Rule to Show Cause on Defendant is attached and marked "exhibit B." c. Defendant failed to produce documents requested by Plaintiffs Interrogatories and Request for Production of Documents illltil the Plaintiff filed a Petition for Contempt for Failure to Answer Written Interrogatories on October 28,2003. A copy of the Plaintiffs October 28, 2003 petition and this Court's October 31, 2003 Order of Court scheduling a hearing on the petition is attached and marked "exhibit C." 8. Plaintiff and Defendant will benefit from the bifurcation of these proceedings because the Divorce action has been pending for over three years, and Plaintiff and Defendant will both be able to begin to restructure their lives. 9. Plaintiff and Defendant will not be prejudiced by the bifurcation of these proceedings for the reasons set forth below: a. Neither Plaintiff nor Defendant will suffer a loss of an economic benefit because of the divorce decree. Both Plaintiff and Defendant are currently employed, and granting bifurcation will not hold the personal life of either party hostage to economic disputes. b. Granting the bifurcation will not delay the parties' efforts to settle or litigate the remaining economic claims because Plaintiff is filing a Motion for the Appointment of Master and Affidavit illlder section 3301(d) of the ':111 .-,.- _ "_'_""'"_ _-F'~ ,.,:;c.'}-'''-' ,;_.",,__,..( '.'?_" . c,'-'k' ,_.".J. _ ,>::\f~r I''',~"-'-'''' . ,.,. +- - - - -- , , - , '"~ ~ nn..L II, J ! ( i Divorce Code contemporaneously with this petition. A cop~ of the Motion for the Appointment of Master is attached and marted "exhibit , D" and a copy of the Plaintiffs Affidavit under section 330~(d) of the Divorce Code is attached and marked "exhibit E." In addition, Plaintiff has sent her Notice ofIntention to Request Entry of Section 3301(d) Divorce Decree and a blank form for the Defendant's Co~r-Affidavit under section 3301(d) of the Divorce Code to Defendant on March 17, 2004 by first class mail, postage prepaid. A copy of the Pll(intiff's Notice of Intention to Request Entry of Section 3301(d) Divorce Decree is attached and marked "exhibit F." 1 O. Plaintiff's attorney has not sought concurrence of counsel pursuant to Local Rule 206-2( c) because Defendant is not represented in this matter. WHEREFORE, the Plaintiff respectfully requests that this court enter an order bifurcating the divorce proceeding and reserving jurisdiction over the remaining equitable distribution issue before the Court. ~^v)'\.~~ Tracie N. Wesner Certified Legal Intern ~~ ON-WALSH DONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 240-5204 Attorneys for Plaintiff ~-~li)ll~,I~ -""'";t~''''''<'''''',''''''' !y"-<,,',,...--; -,?,/~!~":~,~,,<.,,':o"- J' " h",,'_,c - 'if- .''__.1''-'0'.;,"-_, "','-"-t",~,,- "/" "_,,,,,,=,~,_;, " , - I' -'"~l ~_ ( PEGGY A. BOWERS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEAN A. BOWERS, Defendant NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of April, 2003, the Defendant, Dean A. Bowers, is directed to file an inventory and appraisal within 10 days of today's date. If the inventory and appraisal is not filed, it will be deemed to be an admission as to the assets and values contained in plaintiff's inventory and appraisal. By the Court, Edward E. Guido, J. ~ather Fine, Certified Legal Intern Lucy Johnston-Walsh, Esquire FAMILY LAW CLINIC For the Plaintiff Dean A. Bowers Defendant, Pro se srs rRUE COPY FROM RECORO III TMilmooy wh(l!'ll(\f, I here unto 1Krt my IUItd and Ihl1':<l.J.i ,Ii s,;kj Goort at Carlisllll, PI. !lL..31'C};.rJ.aV ~.2 01.1..3 '"'7/1-'--'" ~.'f~ Protl\llnetmv EXHIBIT .!! II s A -- ~-,~ I' - "r." ,,,. ,r'"_~', '",- '- 'c_ ,~~ !~' c "~ MAR 3 j Z003 ~ /' ..~ .. , v 'Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRlBUTION Dean A. Bowers, Defendant. NO.01-6886 CIVIL TERM ORDER AND NOW, this J S~y of A/It.. L' , 2003, upon consideration of the , '. h . . -4 .JJ.-J..:t -t foregoing petition, it ,is hereby ordered that c:.... ~~ ..,.~ 4 ~ ~-:":Jl.J;::J. sJ."...r ~I' ~'~ 0. :~~ ~:;~ h r- ' .1) ~ a . Wl';1g - livw wIlY Lit"'" })~8liBr to .not ent~tl ']9 t@ tRe felief .vaqtteElta~. Platftt1(f .I. "'\.f~v"l;j thi.; IIouuI dblv Cuw i. tv. "lilt::! a Rulv Lv 3huw Cau.'" why lh",Dd'endam snould not be compelled to hIe hiS Inventory.withintwenty (20) days 8f BBFrieB. 2) .8 T88fJS1'MivuL I3hc:dl fflv a.u a.u~Wvl tv th", .t"':"l~8ifiL .."U~+h;n twenty days of service .. Hpv.LI. tlJ.'-' H;spuud.\:;ul, ~ 3) Ihv l>vt1t>vtt ,hdll '''v d..,v~dvd =dvl P 1l.R. ~ P 1-.k '1Nj, 7; 'il'Jf8BitiiBliB akaU 89 GQHlFIIJt~g ....1~+h.jn r1~y~ nfthil;! c1~tp.' (l.J.t~' , ,) c.1 tf;' /0 ",.1'1. ' ~tmuRi QB~l13~ keld on ~ / 7) tGCl.)in Courtroom Lof the Cumberland Cumberland County Courthouse, ~ .A" >>tice of entry of this order shall be provided to all parties by the petitioner. _ 1) ~ rnUE COPY fROM REC.oRO In T"I~tlm{JflY wheraof, I here umo &'It 1111' rUlOO ,'.. "".' ,{ ",,j,' ('~"'" "t "~"'l.l~ "<> nj;~J .\.t1~. ,,), ,').I,~~v. lY'UH I/!I \fllU~, F~. .', .W-.JJ<!: ()l ~ . .2rx.:r:.~ '~~~Ji...-= A~~~., ,A~' Prot!lnnatar\l J. . ;,,!,,(il;;3~~,\ if l. . - - .- ,- ,~ !'- ,- ,.- \ ! Peggy Bowers, Plaintiff, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant, Respondent NO.01-6886 CIVIL TERM PETITION FOR RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE COMPELLED TO FILE AN INVENTORY The Plaintiff, Peggy Bowers, by her attorneys, the Family Law Clinic, petitions this Court to issue a Rille to Show Cause why Defendant shall not be compelled to file an Inventory pursuant to Rule 1920.33. In support of her Petition, Peggy Bowers states as follows: 1) Plaintiff and Defendant were married on April 17 , 1986. 2) Plaintiff filed a complaint in divorce with an Equitable Distribution count on Defendant on December 5, 2001. 3) On May 24, 2002, Plaintiff served on Defendant an Inventory of all property owned and possessed by Plaintiff and asked Defendant to respond with his own Inventory. 4) Defendant failed to file his own Inventory. 5) As a courtesy, on February 4, 2003, Plaintiff served Defendant with another copy of Plaintiffs Inventory. Plaintiff gave Defendant until March 1,2003, to respond and file his own Inventory, 6) Defendant has failed to file his own Inventory or respond to these-requests, 7) Pursuant to Pa.R.eP. 1920.33(a), each party shall file an inventory specifically describing all property owned or possessed at the time the action was commenced. Pursuant to Pa, R.c.P. 1920.33(c), if a party fails to file an inventory, the court may make an appropriate order under Rule 4019(c) governing sanctions. '''~~';fil!", ~:""c-...,\." - '-Y"_ ~__ .~ .. ~~~, I -.-, - t 8) As of this filing date of this Motion, Defendant has failed to provide the Family Clinic with his Inventory. WHEREFORE, Plaintiff, Peggy Bowers, res]Jectfully requests that this Honorable Court enter a Rule to Show Cause why the defendant should not be compelled to file his Inventory within twenty (20) days. Respectfully Submitted, Date 3/:;.g /o? I I 14- Z-- Heather Fine Certified Legal Intern Rf6tff~ Thomas M. Place Lucy Johnston- Walsh Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for the Plaintiff ;;"-"'~:)~,,_n_i/rli1f.R"_'T"_ <,,"' " ~ " w ~, ,...,,~ , PEGGY BOWERS, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEAN A. BOWERS, Defendant NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of June, 2003, upon consideration of Plaintiffs Petition for Rule To Show Cause why Defendant Should Not Be Compelled To Answer Written Interrogatories, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Erin 1. Benson Certified Legal Intern ~bert E. Rains, Esq. homas M. Place, Esq. Lucy Johnston-Walsh, Esq. Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 Attorneys for Plaintiff EXHIBIT I~ JF't~"~;,1P ,,">JC">-,!f'" !,", l' ...,P'<f<\;I"\l......,r'\ rrr-jJ E\,...l..l~4' -:f f" i~-itJ ~'~~ r~ t~ C*_! ti "t,.,j , ,.. ' , \,,,..,, Ill.l'~,'~HrrH'I.'i\l .Mtl'.~.r~\L ~ n~Jh ;;:~-~~_O ~,H( W~," ,oiJl1v . i '~"'h.I.' ,W '1 ~': .. "-, . ,~r,\\\ HIS Sik11 01 said C rt iH CartLl,:(j, Pa. _j:l<p_~ ~ 3 1 . 4f1"_. Pr!ljh(ln~!\tr~ ;FJ~~,",__~_ _,' ,~~,~,_.',,_,,~n__, "'""'"1- , "<~-,,,,!-;F.7:! '\~,._"'"':'~~~""1___~,f'__. ? Dean A. Bowers 88 Taber Road Newburg, PA 17240 Defendant, Pro Se :rc ,~",~~.,.:~ .,' ~ '-,,'''".'' , . ,,,,,,^~,< .,., 'I~ '1', ' PEGGY BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DEAN A. BOWERS, Defendant NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of October, 2003, upon consideration of Plaintiff's Petition for Contempt for Failure To Answer Written Interrogatories, a hearing is scheduled for Wednesday, December 10, 2003, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~ Heather Fine Certified Legal Intern R ert E. Rains, Esq. omas M. Place, Esq. Anne MacDonald-Fox, Esq. Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Plaintiff Dean A. Bowers 88 Taber Road Newburg, PA 17240 Defendant, Pro Se :rc EXHIBIT j C '<--'1;'l>(~P;,,~~_, .";""'~__~;__ __', - . ~ , - 'L.r ,.._3'h,f',I," W"'''_ . ' PEGGY A. BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant No.01-6886 CIVIL TERM PETITION FOR CONTEMPT FOR FAILURE TO ANSWER WRITTEN INTERROGATORIES Plaintiff, Peggy A. Bowers (hereinafter "Wife"), by and through her attorneys, the Family Law Clinic, hereby petitions this Court to find Dean A. Bowers (hereinafter '?iusb~d"hiP ~, contempt of Court and to sanction him for his failure to answer Wife' s interrOga~ i~ violation of this Court's September 16,2003 Order (Attached as Exhibit A). ~~. '::;; !;Co ..." Husband and Wife were married on Aprill?, 1986. Jg' ~ Wife filed an action for Divorce and Equitable Distribution on December 5, i&l.~ J. -' ~:: - t"l1'~ -oiTI ~\1? 00 ..:.:...t'_.. -I: ~l "",::n .~() ft';:.f'"M ~ ;"., ~ 2. 3. On April 22, 2003, the Family Law Clinic served Wife's interrogatories on Husband. 4. Pursuant to Pa. R.C. P. 4006(2), Husband had thirty days from the date of service to answer or raise objections to the interrogatories. 5. On June 23, 2003, Husband provided incomplete answers to Wife's interrogatories. The Family Law Clinic filed those answers with this Court. 6. The second question of Wife's interrogatories asked Husband to provide information regarding a pension, retirement plan, or any other form of deferred compensation that Husband participated in through his employer and to list dates Husband is entitled to receive benefits or whether benefits were disbursed during the marriage. For each plan, Husband was asked to produce all documents relating to the plan, including a copy of each plan and all statements relating to contributions and values of each plan. '~"'l": .1 _v,, '""'~_"'.>"'To", ", ',- ~ - '.' c. .- ~ "'" 7. In response to question two, Husband listed a pension and profit-sharing plan with Valley Quarries, Inc., but did not provide any of the other requested information. 8. On August 11,2003, this Court issued a Rule To Show Cause why Husband should not be required to produce these documents in response to question two of Wife's interrogatories. The Rule was returnable within twenty (20) days after service. 9. On September 16,2003, this Court granted Wife's Motion to Make Rille Absolute and ordered Husband to produce the requested documents within twenty (20) days of the date of that Order. 10. Pursuant to the September 16, 2003 Order, Wife shoilld have received Husband's completed answers to question two of Wife's interrogatories by October 14,2003. II. As of the filing of this Petition, Wife has not received the documents requested pursuant to question two of the interrogatories. WHEREFORE, Plaintiff, Peggy A. Bowers, respectfully requests that this Honorable Court enter an Order granting the following relief: I) Finding Dean A. Bowers to be in contempt of the September 16,2003 Order of Court. 2) Ordering Dean A. Bowers to produce the documents requested in Wife's interrogatories to the Family Law Clinic, 45 North Pitt Street, Carlisle, P A, no later than 4:30 p.m. on the tenth (lOth) business day following the entry of this Order. 3) Pursuant to Pa. R. Civ. P. 4019 relating to Sanctions, order Dean A. Bowers's to pay Plaintiff's attorney's fees and impose such other sanctions as this Court deems appropriate: To date, student attorneys have spent 16 hours preparing legal documents to compel Defendant to provide complete answers to Wife's interrogatories. At the reduced ..,'~t! .",7,__",~,!!JI ,...-. r- -" "r. '" ~ rate of $50.00 per hour, this is $800.00. 4) Directing that Dean A. Bowers be incarcerated in the Cumberland County Prison for a period of at least thirty (30) days if he fails to produce the required documents within ten (10) business days after the entry of this Order. Respectfully Submitted. Date: /O/zf /03 , I i~Z- Heather Fine Certified Legal Intern Robert. ns Thomas M. Place Anne MacDonald-Fox Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 :':JL'\<jIji%lllJiI( !,4tl_",,~ ~', ~ ,'<,' .,_. '''' - " ~-. I'^ . PEGGY A BOWERS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant. NO.01-6886 CIVIL TERM CERTIFICATE OF SERVICE 1, Heather Fine, hereby certify that on this 2S~y of October 2003, I am serving a true and correct copy of the Petition for Contempt for Failure to Answer Written Interrogatories, on Mr. Dean A. Bowers, who resides at 88 Taber Road, Newburg, PA 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid. J()/2 i /OJ I I Date ~ -. c::: Heather Fine Certified Legal Intem F AMIL Y LAW CLINIC 45 N. Pitt 8t. Carlisle, P A 17013 717-243-2968 '~'Wf*,_1j;J;l-l:J.1". . ~, ". > ~ _ 'i~-"'__l "I> SEP 1 ~ 2003 ~ Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CIVIL TERM ORDER OF COURT 0. ",_pt;. AND NOW, thiJl4lt. day o~, 2003, it is hereby Ordered that the Petitioner's Motion to Make Rule Absolute is granted. Dean A. Bowers is hereby ordered to produce at the office of the plaintiffs counsel, the Family Law Clinic, 45 North Pitt Street, Carlisle, Pennsylvania, 17013, the documents requested by the Written Interrogatories, including copies of , the profit"sharing and retirement plans Mr. Bowers has through Valley Quarries, Inc. and all statements relating to contributions to and values of these plans. Mr. Bowers is ordered to c:20 produce these documents no later than ~:3g PM, fi'/~ (5) business days after the date of this Order VI utl~'I ~1:i[J~ ~\qll be hdd iu {'{'\~pt fnT f''3ilnfr: tg ~Ri'nTer Phinrtiff s l.nteH05abJl~""'~, ltftd . will hp. ~~"f'tionprl hy thp. r1,""\~l..f. exhibit If . "~'~J!%\@.!rifiWt:, , - _ '~_ ,0 .,,' " fif/1' ~w '-r .., -,., r r " Peggy Bowers, Plaintiff, IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CNIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO.OI-6886 CIVIL TERM Dean A. Bowers, Defendant. PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff Peggy Bowers, by and through her attorneys, the Family Law Clinic, and files this Petition to Make the RuIe, issued on August 11, 2003, Absolute and states in support thereof as follows: 1. On April 22, 2003, Peggy Bowers (hereinafter "Wife") served Interrogatories on her husband, Dean A. Bowers (hereinafter "Husband"). Husband did not answer the Interrogatories. 2. On May 23,2003, Wife filed a Motion to Compel Answers to the Written Interrogatories on Husband. 3. On June 2,2003, the Honorable 1. Welsey Oler issued a Rule upon Husband directing him to show cause why the Motion to Compel should not be granted. 4. On June 23, 2003, the Husband's Answers to Interrogatories were filed with the Court. 5. On August 1,2003, Wife filed a Motion to Compel Production of Documents in Accordance with Written Interrogatories because Husband's Answers to Interrogatories were incomplete and the requested documents were not produced. 6. On August 1 1,2003, Judge Oler issued a Rule upon Husband directing him to show cause why the Motion to Compel Production of Documents in Accordance ,,~f.,._?JI 'W'W - ~ ~ .,"',~,,' '''N'''''. ""~';".' -. with Written Interrogatories should not be granted. The Rule to Show Cause was returnable as of September 2, 2003. 7. To date, Husband has neither showed cause why the Motion should not be granted nor complied with request for production of documents. WHEREFORE, Peggy Bowers requests that the Court make the rule absolute and grant the Motion to Compel Production of Documents in Accordance with the Written Interrogatories, specifically directing Dean A. Bowers to provide copies of the profit-sharing and retirement plans he has through Valley Quarries, Inc., and all statements relating to contributions to and values of these plans, by delivering these documents to the offices of Plaintiff s counsel, the Family Law Clinic, 45 North Pitt Street, Carlisle, PA, 17013, within five (5) business days, or otherwise be found in contempt for failure to comply with Plaintiffs discovery requests and properly answer Plaintiff s Interrogatories, and will be sanctioned by the Court., T'~iJUt. = '__ " - '_';_~'''irr.~_'!'_ . . W" "" ~ . ~"' .., Date ");:--'T;" :"_' _"~ _." "." ~ "'. __>_ 9//2/cH ! I - ~I >,~~ ~, , I Respectfully Submitted, L~-L_-- Heather Fine Certified Legal Intern lJ~ !-.-- THOMA~. PL~~ r" ROBERT E. RAINS LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ~ ,~~, Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.0]-6886 CIVIL TERM CERTIFICATE OF SERVICE t'" I, Heather Fine, hereby certifY that on this /2 day of September 2003, I am serving a true and correct copy of Petition to Make Ru]e Abso]ute on Defendant, Mr. Dean A. Bowers, who resides at 88 Taber Road, Newburg, P A 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid. 'I/;Z/03 . I Date ~ -2--- Heather Fine Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ,-,:1."i1I'J!l,_,,~ '_,_ ' ~",., ~_ _.. ", ~__ _ ," -- [, ~ 'tc ~ ~ ~~ - -. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CML TERM ORDER OF COURT AND NOW, this the day of , 2004, E. Robert Elicker, Esquire, is appointed master with respect to the following claims: Equitable Distribution. By the Court: J. EXHIBIT I_D -""I$\,~~,_" c,;~ ,Y". _~~ _~ ~,__ 0 _ r ,~ .. ,-,_,! . ""~ _~-""'~~_ n !;G?,ffi , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : DNORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CNIL TERM MOTION FOR APPOINTMENT OF MASTER Peggy A. Bowers, Plaintiff, requests that the court to appoint a master with respect to the following claims: () () () () Divorce Annulment Alimony Alimony Pendente Lite (X) Distribution of Property ( ) Support () Counsel Fees ( ) Costs and Expenses and in support of the motion states: I. Discovery is complete as to the claim for which the appointment of a mater is requested. 2. The defendant has appeared in the action personally. 3. The statutory grounds for divorce are 23 Pa. C.S. 93301(d). 4. The action is contested with respect to the claim for Equitable Distribution. 5. The action does not involve complex issues oflaw or fact. 6. The hearing is expected to take two to three hours. Date;] /b Ith ~~,~.~ Tracie N. Wesner Certified Legal1ntem "~~~!.J~( . .',~_"'_. '"."~__ ",~ , , F AMIL Y LAW CLlNlC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 (r!:;,lij~0J~L,,=~ ", to' ~ . -'.' J \......~,.~_'''~, ,"",,,,,_,_"~',",_"_"'r"'",,,,,,,,~,"~M""" ,. , . PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE I. The parties to this action separated on January 13,2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 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. 9 4904 relating to unsworn falsification to authorities. /J' - . )-/7-/Y( Date p~~oEr~,~:;~v EXHIBIT ~ iF :'~;l?l;'t"__" ''0'-.-', _, _, -p r' <)..," ~l_ , ,,"._._ , ','" . _ " _. ,_ .\ ,'..^ " .{l llllll'l"")",_~ " . . . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PEN1jJSYL VANIA : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CNIL TERM NOTICE OF INTENTION TO REOUEST ENTRY OF $ 330Hd) DIVORCE DECREE TO: DEAN A. BOWERS, DEFENDANT: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 9 3301(d) affidavit. Therefore, on or after Anril6. 2004. the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. EXHIBIT iF ,r.j;;~~J~'lIJR! ,r_. >'. _ ~,~., "" r , """, "~~!, "!'r! i1'!'l!!J1:n~I!I~I~r~%":I~ r "!'!"'"]r1 r . '. . t .' I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DNORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff v. DEAN A. BOWERS, Defendant : NO. 01-6886 CNIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER $330Hd) OF THE DIVORCE CODE 1. Check either (a) or (b): () () () (a) (b) () I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party, If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. () (a) () (b) I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date Dean A. Bowers NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVOR.CE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. "-~- __~"f1~._'~ "'" ' t' I~ ' " " ,'" 'y . JI! j."~ I VERIFICATION I verify that the statements made in this Petition to Bifurcate Divorce Proceeding are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 3/;,/IJ'I ; :',' ~:'''''j'>, ,."_ 'O'~j ,0,,_ ,"':,1' '_?" ,.,1"C~'",~" -'-o."_-:c. .- - -, ~,F ~'(",_~7' ~!, ~'""'f',,~-" ':-_"'~ - '- ~~',~ _'"'~ . -'<'-. 'Ce_ " " ~ " ,!III>~","L"^.. . ,'> "'"'-.~1,~_,,_~~";;;,,1.j~;t).-,'<),,- .hi ~~7,-", ,</ '" ~~" .~" ,~- .'-""'--' ~'"E,'''','",--"""" ,~'co'i'.' ''[,0',<'''"' '~'-->:'~[it'1~t:~"'I'<~'TY'i'L~t'~j''ff'rt~'ri~j-~~',':i5~;\Wi':iY::Qiff? ~~ ...,- I .1'-\ !t C' """ 0 , c::::> S~ = -n ,,;;;:- , -- .-; ::.:--'", nl fl ;;0 -nt11 _c','::::J " -.l -,:.,; '-[ ~~ -, ('5 -,' " c~ f.~~_ fn -,. '-.) ---1 c ~?: N ---~ hi" -."-,,"'?l!1'Ct(,'_--_,;;/"r"~''ft,,'C-,".H.~"~l,:',IrFi\iW1~~""f'iE-li:"i1~"\-'f;r~~'1l;'~1~1i,jli;l'B~W~~~itljj;iWJ,I'<1WA~;' Cumberland County Prothonotary's Office Civil Case Print 2001-06886 BOWERS PEGGY A (vs) BOWERS DEAN A PYS510 Page 2 12/05/2001 11:02 0/00/0000 0/00/0000 Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Hiqher Crt 2.: MOTION TO COMPEL PRODUCTION IN ACCORDANCE WITH WRITTEN INTERROGATORIES - FAMILY LAW CLINIC ------------------------------------------------------------------- ORDER OF COURT - DATED 8/11/03 - IN RE MOTION TO COMPEL PRODUCTION OF DOCUMENTS IN ACCORDANCE WITH WRITTEN INTERROGATORIES - RULE IS HEREBY ISSUED UPON DEFENDANT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 20 DAYS OF SERVICE - BY J WESLEY OLER JR J - COPIES MAILED 8/12/03 ------------------------------------------------------------------- PETITION TO MAKE RULE ABSOLUTE - BY FAMILY LAW CLINIC ------------------------------------------------------------------- CERTIFICATE OF SERVICE FOR PETITION TO MAKE RULE ABSOLUTE - BY FAMILY LAW CLINIC ------------------------------------------------------------------- ORDER OF COURT - DATED 9/16/03 - IN RE PETITION TO MAKE RULE ABSOLUTE - GRANTED - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- PETITION FOR CONTEMPT FOR FAILURE TO ANSWER WRITTEN INTERROGATORIES - BY FAMILY LAW CLINIC ------------------------------------------------------------------- ORDER OF COURT -DATED 10/31/03 - IN RE PLFF'S PETITION FOR CONTEMPT FOR FAILURE TO ANSWER WRITTEN INTERROGATORIES A HEARING IS SCHEDULED FOR 12/10/03 AT 9:30 AM IN CR 1 CUMBERLAND COUNTY COURTHOUSE PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED 10/31/03 ------------------------------------------------------------------- PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT FOR FAILURE TO ANSWER WRITTEN INTERROGATORIES - BY FAMILY LAW CLINIC ------------------------------------------------------------------- ORDER OF COURT 11/25/03 UPON CONSIDERATION OF THE ATTACHED LETTER THE HEARING PREVIOUSLY SCHEDULED IN THIS MATTER FOR 12/10/03 IS CANCELLED J WESLEY OLER JR JUDGE COPIES MAILED 11/26/03 ------------------------------------------------------------------- MOTION FOR APPOINTMENT OF MASTER BY FAMILY LAW CLINIC ------------------------------------------------------------------- AFFIDAVIT UNDER SECTION 3301D OF THE DIVORCE CODE - BY PEGGY A BOWERS PLFF ------------------------------------------------------------------- PETITION TO BIFURCATE DIVORCE PROCEEDING PURSUANT TO PA R C P 1920.16 - BY FAMILY LAW CLINIC ESQ FOR PLFF --------------------------------------------------.----------------- ORDER APPOINTING MASTER DATED 03-18-04 - E ROBERT ELICKER IS APPOINTED MASTER WITH RESPECT TO THE EQUITABLE DISTRIBUTION CLAIM -BY THE COURT GEORGE E HOFFER PJ - COPIES MAILED AND ORIG PLACED IN ELICKERS FILE --------------------------------------------------.----------------- RULE TO SHOW CAUSE WHY BIFURCATION SHOULD NOT BE GRANTED - ON CONSIDERATION OF WITHIN PETITION AND ON MOTION OF THE FAMILY LAW CLINIC ATTYS FOR PLFF PETITIONER PEGGY A BOWERS A RULE IS ENTERED UPON DEFT RESPONDENT DEAN A BOWES TO SHOW CAUSE.WHY THE REQUEST FOR BIFURCATION SHOULD NOT BE GRANTED - RULE RETURNABLE 4/7/04 AT 9;30 AM IN CR 5 OF THE CUMBERLAND COUNTY COURTHOUSE AT WHICH TIME PLFF/PETITIONER AND COUNSEL SHALL ALSO BE PRESENT IN ADDITION TO HE DEFT - BY THE COURT EDWARD E GUIDO J COPIES MAILED ------------------------------------------------------------------- CERTIFICATE OF SERVICE OF THE PLAINTIFF'S MOTION FOR APPOINTMENT OF A MASTER BY FAMILY LAW CLINIC ----~--------------------------------------------_._---------------- CERTIFICATE OF SERVICE FOR PETITION FOR BIFURCATION BY FAMILY LAW CLINIC - - - - - - - - - - - - - - LAST ENTRY Reference No.. : Case Type.. . ..: COMPLAINT - DIVORCE Judgment. . . . . . .00 JVdge Assigned: OLER J WESLEY JR Dlsposed Desc. : ------------ Case Comments ------------- 8/01/2Q03 8/12/2003 9/12/2003 9/12/2003 9/17/2003 10/28/2003 10/31/2003 11/25/2003 11/26/2003 3/17/2004 3/17/2004 3/17/2004 3/18/2004 3/23/2004 3/25/2004 3/25/2004 ******************************************************************************** * End of Case Information * ******************************************************************************** ";:\l'i$!!':~~I~_"_'"!!'"."l_, ~_ .,~."r""!",,_". ~- -~ . I ~'_'.'r " ~, -- -" ",,_. _. "r' fl ,~-- ",~"" 1" ID: APR 07'04 9:04 No.OOl P.Ol John A. VJSkOV. ,U,sq. nC})uty Pr.OthonOta1J J'\I.tociaA. Nlr.oht CllitlfCleck Supreme Court of Pennsylvania WC",Ctl! Di.uict August25,2003 801 Citv"Cuullty 1.luildirlu l}jusbufp.h, fA 15219 412.;r.5.2816 www.J1nl't""r,q Thomas M. Place, Esq. Dickinson School of Law, Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 RE: Tracie N. Wesner No. 360 INT 2003 Dear Attorney Place: The above-nam8dlaw studont hils been approved and cel"untltl under Pa. BAR. 3<:!1 and 322 by: Dickinson School of Law Harvtly A Feldman Associate Dean as a duly enl"olleu Ii:lw student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, as being of good character and competent legal abilily, llnd as being adequately trained to perform as a legal intern as of August 25, 2003. Pursuant to such certification and in accordance with and subject to the provisions of Pa. BAR. 321 and 322, the above-named studAn! hAS been certified as a lag31 Intorn and you have been approved to perform the duties of supervising attorney. WITNESS my signature and the seal of this Court, August 25,2003 ( \ Very truly yours, '\ . I. r '. .... '. ."_ 'l't., f .\J(. .,l"1 JOhn A. Vaskov .. eputy PrvlllvfI()lary Idad cc: Mr. Harvey A Feldman A:;:>uciale Dean Ms. Tracie N. WA~nF!r ,'-?~s ""!_~_,,,_C'=-;_ "~ ^ I' !. , . 'r~ _"': " ~ ~'l'!i' II PEGGY A. BOWERS_, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant NO. 01-6886 CIVIL TEfu~ ORDER OF COURT AND NOW, this 7th day of April, 2004, after hearing, the Plaintiff's Petition to Bifurcate is granted. She may move forward to request a decree in divorce be entered under the appropriate grounds and reserving the issue of the division of marital property. J. // ~cie N. Wesner, For the Plaintiff Certified Legal Intern Dean A. Bowers 83 Taber Road Newburg, PA 17240 Defendant, Prose srs -~F~'W'!lJ1t'r~ ' "-,"'''~-~~, ,_' ,,<. ~,. ~'''T''':',! . _.~.~" r..-" .. '''; PEGGY A. BOWERS, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 6886 CIVIL DEAN A. BOWERS, Defendant IN DIVORCE TO: Family Law Clinic , Attorney for Plaintiff Dean A. Bowers Defendant DATE: Thursday, April 15, 2004 CERT I FI CAT ION 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. "'''_f~~'T, ,'~" ,-~--' . -~-,-'-- .'_? --~I .. . _~"_"; ..0' ~'T~rl.mr- (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. 'i:~,-,,',CJt~,\W, ",'0 ?',' " ',,-,-"1,;'~r,--' . ,,__oj ,,_ _ _, _ '. , "I .-, . , FAMILY LAW CLINIC A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 April 26, 2004 E. Robert Elicker, Esquire Divorce Master Office of the Divorce Master 9 north Hanover Street Carlisle, P A 17013 RE: Bowers v. Bowers Dear Mr. Elicker: Enclosed please fmd our signed Certification that Discovery is Complete on behalf of Plaintiff, Peggy Bowers. Sincerely, ~0\..~. Tracie N. Wesner Certified Legal Intern Enclosure cc: Peggy Bowers Dean Bowers PENN STATE .. The Dickinson School of Law An Equal Opportunity University ,>!-,;~n,},,~ '!J ~~-'1,:,.> ";'1"':~;'J~-:_Y_)"'-_ ~,--" -' ~ r' . -"-~"" ,-,-' - ,-",(,,",~ - --, --','"""" -- , ., r"'~ PEGGY A. BOWERS, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 6886 CIVIL DEAN A. BOWERS, Defendant IN DIVORCE TO: Family Law Clinic , Attorney for Plaintiff Dean A. Bowers Defendant DATE: Thursday, April 15, 2004 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. -')",T'-,~~_;_~ ,~ ,',-~_ _ ~, ,..- h '-\-Y .~~"'r --". ,.. " " ~ ." ~. . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. '-{ jf).0./0Y DATE COUNSEL FOR COUNSEL FOR 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. , ~~N~;~_ _~,_ ':'"'.1 ',',0,:-', . - .,",~ , "I '-~ . >>, , , 0 . '..,' v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM CERTIFICATE OF SERVICE I, Bryon R. Kaster, hereby certify that I am serving a true and correct copy of the Inventory of Peggy Bowers upon Mr. Dean A. Bowers who upon information and belief resides at 83 Taber Road, Newburg, P A 17240 by deposiring a copy of the same in the United Srares mail, first class, postage prepaid, this z. ,-/-f'h. day of May, 2002.. 5/'-'1/0'>- Daie B on R. Kaster ertified Legal Intern F AMIL Y LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 -'~~ :I[I!J"IL,_ - -v, '-~:._:::>:':_~," '_ ' <.~_> _ ,.",,-,,, c,_ - " " '>C" -Ii," . - - - :_' "'_--,.,-':'".'_-"" '____~,_",-~_-,~ v_ - -,-, ""'"'u'~ ' '" -,. "-" '~--' -,. -~, l,~~~"" ,., ",*."'~.c "t-Ji~.;.' " ,,~ J~ff, "-~ , " "', ,- 0 ~,~_. ~._ _.'" .__""",_,, ~""'._'u '0 ~, -0,,-,.'. gJ~I ~~f7" -< ~M_. '-- :,- ~'7> .''-' ~t2 -,~ -~ .~ -~ ,""O~" - ".""-""-"\i"*~"''''''''''"''''A!'"'\6_''-'i'-'~~'' r-'J' c.:~ r',) ;'-) () :. -;'1 2::i~ ~: >1 ,'0 .r;,~ - :i:o -< ~~ _<,q' ~,< ' -,T'~~q ~:~'~~1~1'j~~1l-1lf1f!!!(~lR3!~pifi!RTIlll~" ~_ )~__ W,!j~~if{ :-- " ' PEGGY A. BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEAN A. BOWERS, Defendant NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of April, 2003, the Defendant, Dean A. Bowers, is directed to file an inventory and appraisal within 10 days of today's date. If the inventory and appraisal is not filed, it will be deemed to be an admission as to the assets and values contained in Plaintiff's inventory and appraisal. By the Court, Edward E. Guido, J. Heather Fine, Certified Legal Intern Lucy Johnston-Walsh, Esquire FAMILY LAW CLINIC For the plaintiff Dean A. Bowers Defendant, Pro se . ~ 1-.)J.()-~ ~ Cf--. srs "!@,'''Jl(~ . ---'"1.1,,,.'."- "',.., t', . ~1,I,';:;t~~inir{'_r~~'ci_.~~A'dl~'l:;;~$'~",g'iI~;t)i;;'Ojf*-!i..~"l#i!~1';w.d.@__r~~,"J'" ,;,-,"< "''-''-'.~ - ,." '<.:'. ",,"", ""~"""~""- ..'. '" , ~C':T,\r-iY P(9 C.4 ,.// ~ r::-,:.1 "', l~: ! \ ;"~ 9: L, ~ ''I.}' CUliVL:r::, ';..." , j \,.) CU! )}J[Y PEI\li,;t"" '''N'A'' , . . '\i'~JILv/'"\ r A;[,~-t",~i;:R;'~:-h.,,~)~!~~~rLJI[l . ...,-~.,," >>1"-""'",",,';-'1"'!"3k, .d~ ~ ,~'" " "~' , PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CNIL TERM CERTIFICATE OF SERVICE I, Erin 1. Benson, hereby certify that on this~y of May 2003, I am serving a true and correct copy of the foregoing Petition for Rule to Show Cause Why Defendant Should Not Be Compelled to Answer Written Interrogatories, on Mr. Dean A. Bowers, who resides at 83 Taber Road, Newburg, PA 17240, by depositing a copy of the same in the United States mail, first class, postage prepaid. m~ Jf3, '2od3 Date ~ '7J BYYL<S q,--., Erin 1. Benson Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 <:-___-'n,<_:_~_ ","'" ;'--;-1.~-"fC!-"_-~X-;"-';'_":':"-"'<"-' c '-;~"__"-"""', '-'''::J'':-'''~r':'~_:~'''','~;r_,-",,:_; _"" ,,-'~_---.'- _0" ",'_ -._ 0'" . "-"-' ~- , ~ ~ :, -,,-, ;~ -,~, -'~-_~-"'-'~_1 "--'-- ~!J!!iI'Iq_ -<-'\- - --:-~''''''-< "-"'~ =."~; ~"> ~ " -. ~-- .....'~;~""""[jb'-"'-i1illlIfjjt*-r~'lt"-:'-->" -""i'-,,' 0 0 0 c: W -n <' ,:''\: :.::-;.:! -otii :> 9,!fn .< .~'tlF :T Zt;; i',) "F",m "7 ~.,.-< (X) ,_i' ,::.;;: r ~) r:::CI --t........-. '" )::>>~ '-'1 ~(.:;: ::;;: J~~ ;!>C C Z ,-J =<l t;:"" ?D f',) -< 'l"'~~~ftl~~lJmm.'-~"'tl1'!R'il'~IW~:r~~AA\..~~~~~~~f_I~' i ~. . PEGGY BOWERS, Plaintiff v. DEAN A. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of June, 2003, upon consideration of Plaintiffs Petition for Rule To Show Cause why Defendant Should Not Be Compelled To Answer Written Interrogatories, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Erin L. Benson Certified Legal Intern Robert E. Rains, Esq. Thornas M. Place, Esq. Lucy Johnston-Walsh, Esq. Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Plaintiff 3~-" "C,'"._, ",<,,~, ,'_'__-c__", _, ,- " ~" '1-, ,- ",-'- BY THE COURT, ~,;;~~,Cl j+- .~ ~ (, _ (p. ,oJ Cf-, '-', , ,_,-_.E,< ,,' , ~ "~ ;~~~!;t;lt1~l@lI!fM:1J!iit;;Y.f~j;~~~:'l.0.;\/>jt""!i.ii:R:[);"'~~il\<:1..~~ildP''-lNii'-.kf~.:'I""""">" ., "~" '.ie'H_'- (,1' ~'''- ....,~~.- -ilt. .--V (f~ OF Hi. :::D ,-(YFICF ,," '-TIR'" 1,,'~',;i,JII"'\ ,y 03 JIJN -2 '~I\i 2: II" t I _ ".<io",' CUM!"'::" .',", I ""j\rr" :...1....1\1..1"" 'd.J \...jUUt"l l PENNSYLVANIA ,h,.?,_~-.."'" ''"W".' ".Y___"'~', ,~","'"~~,, _'~ II.W"' fIjj""';i;lllh, 0,"" ,"-._~.~,'>, ~ ,~~',",,' """,.. - ~~- . Dean A. Bowers 88 Taber Road Newburg, PA 17240 Defendant, Pro Se :rc "'~. / ,. ,-C'~~""""f~.,"'" ,_"_.,~.,<O-.,,,.. ." "ql. .--.,,",,~ .", ',- . - ".,. --,- --.". , '^ ~ .0." w ~ ,. MAY 2 8 2003 r ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Peggy Bowers, Plaintiff, Dean A. Bowers, Defendant. NO.01-6886 CNIL TERM ORDER AND NOW, this _ day of , 2003, upon consideration of the foregoing petition, it is hereby ordered that 1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested: Plaintiff requests this Honorable Court to enter a Rule to Show Cause why the Defendant should not be compelled to answer the written Interrogatories within twenty (20) days of service. 2) the respondent shall file an answer to the petition within twenty days of service upon the respondent; 3) the petition shall be decided under Pa.R.C.P. No. 206.7; 4) depositions shall be completed within _days of this date; 5) argument shall be held on -' in Courtroom of the Cumberland Cumberland County Courthouse; and 6) notice of entry of this order shall be provided to all parties by the petitioner. BY THE COURT, 1. :"-'-<" ,'-'\0-., ,,- ,,',of_ "';V{F"~,! /','f"'~__:"!;fc'S:'_'f,-,6\~",-','>'---" -~7- .',-- - -~""l~f> ':", '.,,-,,_ 'i"", ".""': .,,'__T_"~ _.,~,~" ", ,^"." - ~,'" ";c,.'" " _,. ,_,7,_ , ,-~ >, Peggy Bowers, Plaintiff, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant, Respondent NO.01-6886 CIVIL TERM PETITION FOR RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE COMPELLED TO ANSWER WRITTEN INTERROGATORIES The Plaintiff, Peggy Bowers, by her attorneys, the Family Law Clinic, petitions this Court to issue a Rule to Show Cause why Defendant shall not be compelled to answer written Interrogatories pursuant to Pa. R.C.P. 4006. In support of her Petition, Peggy Bowers states as follows: 1) Plaintiff and Defendant were married on April 17, 1986. 2) Plaintiff filed a complaint in divorce with an Equitable Distribution count on Defendant on December 5, 2001. 3) On Apri122, 2003, Defendant was served with a set of written interrogatories and, pursuant to Pa. R.C.P. 4006, was asked to answer or raise objections to any ofth.e written Interrogatories within 30 days, by May 22, 2003. 3) Defendant failed to respond to the discovery request and answer the written Interrogatories as of May 23, 2003. 6) Defendant also failed to respond to the request to file his inventory until ordered to do so by a Court Order dated April 17, 2003. . "':"~-~~~- ,'., - . k '"',"", ._-~~ C'", J_;~ .,._w,._',.c'I<,'"'f__'"' "" .,.. -" ~<,- ",-,,'-.,,- ~""- - ,'. WHEREFORE, Plaintiff, Peggy Bowers, respectfully requests that this Honorable Court enter a Rule to Show Cause why the defendant should not be compelled to answer the written Interrogatories. Respectfully Submitted, Date: May 23, 2003 ~c1~~M- Erin 1. Benson Certified Legal Intern ~~R9;hkcJJ(L Thomas M. Place Lucy Johnston-Walsh Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Counsel for the Plaintiff :,~,~~",.v:. '." .~ "."".)"L..,'_ .~ -h -:","_'.""';;~ c I~.""" o--!;-'-...-, __.___ - .~ , - c' F; '_~ ,,_,.< ,,'.' ',~""", ~V"',' """W~""~''''''''Y'''''''''' -," !1'Jll{~. -. . <1,' ,'~'""" .~. ,;""'_",e,l.'>-A",m-",,,,,,,,,",,,'- ~-"'" ~~~"""'Jjj"''''.-''''r--'~ .~~ 'lli["II1{~rl''1lrr^-':'r o ~ $.... :-Ot~, n1rN 2:r" ~ 0,: CO):, ~ej ;;>:c:' ~2 ;;;:: ::< ., ....-, c:} .')f: ~ o "'E1 ,~,~~~ .;,.:~, -',",,,,,,,,,, '..:)".1 :';'1'0 ~';!~ om -, 'J>" :u -< -0 ;,-> , ' ~' :1' :n en >-,.;",)>-~~"i"~~'!r"'1:;'_-"i'!';~"-_,_, ,;:_~:l:,}f~iJ)!;: ~~,_'~"'Jffiilt~'f'-1'j~;~I'i~~l~~IJ,!JjJ,~~.If~~~~l~~r~!l, Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DNORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CML TERM PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS PLAINTIFF'S INTERROGATORIES Pursuant to Pennsylvania Ru1es of Civil Procedure 193Q.5(b) and 4005, the Plaintiff propounds the following Interrogatories to the Defendant, which must be answered fully, under oath, within thirty (30) days of service hereof. If any Answer requires more space than follows the interrogatory, attach the Answer(s) to the interrogatories. 1. EMPLOYMENT Please state each and every form of employment you had from the date of marriage until January 2001 including: The name, address and date of employment of each and every person or cornpany by whom you have been employed; NAME of ADDRESS of EMPLOYER EMPLOYER B. .poJ~ F(}V6{ #if71~1-11 vall'<t-Ij QUM'rl'iJ )}'1 c,. DATES of EMPLOYMENT (Starting and ending) ,("'~ .,.1 '1-/(, - '67 31.. L ~ -(p- 'Y7 , rl i f{!;.J\UJflL5 ~ '1- q () cl:f~ fle.v{l4f.trD ..3-/ q 0 ~/1/pew.D/,IffJ SALARY A. ...!,~;~~" J-, () 0 t,~O t ,SO C. D. 2. PENSIONS. RETIREMENT ACCOUNTS. PROFIT SHARING PLANS For each employer from the date of marriage until January, 2001, state whether you participated in a pension, retirement plan, or any other form of deferred compensation, including: The employer, whether you participated in a pension or retirement plan, and the value of the pension or retirement plan. f:-;:~_,_",";." '--~?""~"'I"-,"~;";-"o(",,,-,,e,,_ "':__ ," .<^,. ,., .<'~I_'"'.'!:' """1>;'"-'''_'_ _,',__,"> ,_. '_>"'?<_ '_ ,.,,,",;.,,, -- ~~', " ,',,\.., '_." __,h =. ._"",,'__'~,~~ ,". 0, A. VOvI k.'j GJ.W./r)r:5 f,-qt,( S hori~ !1~5 TYPE of PLAN NAME and ADDRESS of PLAN f ADMINISTRATOR, a./ItJ VOvIIe:p C{ua.rnflj I? .d;1}IN1e,/ f)ut fJ/> l!H''X J cJ.ahfbvd64.5 EMPLOYER PLAN (yes or no) B. C. D. Please also list the date you are entitled to receive retirement or pension benefits or any other type of deferred compensation and/or the amount of funds that were disbursed during the marriage and/or after January 200l. EMPLOYER NAME OF PLAN DATE of RECEIPT AMOUNT DISBURSED or TO BE DISBURSED A. B. C. D. For each pension, retirement plan or other form of deferred compensation, please attach a copy of all documents relating to the plan including, but not limited to, a copy of each plan and all statements relating to contributions and values. 3. BANK ACCOUNTS. STOCKS. BONDS. LIFE INSURANCE POLICY. or SAFETY DEPOSIT BOX Please list each and every checking account, savings account, stock, bond, life insurance policy, and contents of a safe deposit box that you possessed or had any interest in, as of January 2001, or since including: The type of account, the number of the account, and the current balance or contents within each. A. ACCOUNT TYPE NUMBER BALANCE/ o n ~ENTS NAME and ADDRESS of INSTITUTION B. :-(;iW~,.;, '- ." "",' .J~~ ~',':f';C:,-ti;"',-,,"_"-_' ;<~,lc'1F",_y. ~:F";_':'; ':::- _ _:'1 :'-'::"":;__',~.' _ c."",. _ , 'i"_.~"'~'."', 0 _ ~o - , . <. ., ._,'. I "- _ .' '-_ '.' ,;-~'_~_ , ,." '.' ." .-" ".." c. D. E. F. G. Please also provide for each itern above, the statement as of January 2001 and the last statement of each such account. 4. PERSONAL PROPERTY 4. Please list all personal property with a value over $100 which you owned or possessed as of December 5, 2001 (the date this action was filed), as well as all property transferred within three years prior to December 5,2001. This list should include, but not be limited to, anything held in a storage locker, motor vehicles, household goods, appliances, or other personal property in which you have or had any interest. For each itern please include: The date of purchase, the estimated present value, the estimated value at the date of separation (January 13,2001), and the present location. ITEM DATE OF PURCHASE EST PRESENT VALUE VALUE AT SEPARATION LOCATION A. . . B. c. /\ D. ~ V' I E. \ / F. '" / G. X H. / '" 1. / '" J. / '-, K. 1. ;f,;;;..,K(',-n' ""----~;-""--A'Y~_"_,_ '_';':f;;'~-_-"-."~'::,-~_<-:;;,,"~-"?-,"'. -"'o-er;,-"-,, "_"~'';'"' .'0 _':"-",-}'!__ ~- - /",. -. ^ .,.,. -, . -- ".- .'"',.', ~-"-,-' -- I' - ,~ , Please also list for each item, the names and addresses of any other person with an ownership interest in the item. ITEM NAME/ADDRESS NATURE OlF OWNERSHIP INTEREST A. B c. 1. I / D. '\ \ \ \ E. F. G. H. ~.~" / 1. K. 1. Ii. If any item of personal property listed above was given or sold to someone else, list the date of transfer, the amount paid for the transfer, and the person to whom the property was transferred. ITEM TRANSFER DATE AMOUNT PAID /\ TRANSFERRED TO (NAME, ADDRESS) / A. ~ / B. X C. '. D. '~"""', E. ~"'~;)- ,~, , ''^'" '.o_:":?,' ":';1<_""';~:"':''':,<,,:,_, '. " '~::-~:"~'1':' >:"c""l'~' '_._ --~ 0 ,_" ., ""~r'> .. _~ - .~ ".-,," ,- . - _" - ,-, e. ~- ,,'. -':" .<. b;. Please attach any and all receipts, appraisals, bills, etc. for the items listed above. 5. REAL PROPERTY 4. For any and all real property in which you have owned or had an ownership interest in since April 17 , 1986, please list the following information: ~ R C Property Address: . Description/Type: Date purchased: Cost of purchase: Amount paid down: f Amount of mortgage: / Bank or lending \ / agency which held or "" holds mortgage: Arnount currently left y of mortgage: Balance due as of Jan / ~ 2001: Present value: / 'I' Value as of Jan 2001: 7 Date sold: Amount of sale: Name and address of all co-owners: Extent of co-owner's interest: 11. Please attach a copy of any and all documents relating to your ownership of or interest in any property listed above, including but not limited to, deed documents, mortgages, settlement/closing documents, receipts, appraisals, tax bills, etc. : "-"<,-~<~--,,~,," '.'"- ,', ~:,t,"~( f:'.;t;:'_,~.:_,~_:},<~:}_,~:.;_- ~." ':4' -:'-f,_::t:, _:;,~f -,\;, -';~:"!I"_'.:>"~, ,'-. "h ~"j' '.<C' ,,__~_;<;"_^U_~. "_' ,> "_~. __~_, ~_c e,.",.,..."""..,_:_ . "0,, ' ," _,_ _,,_, " .-? _ ,_ _H,,,_~.~_,, ~':' _,,- 6. DEBTS For each and every debt in excess of $100 which you currently have, or had as of January 2001, please list the following information: A. For Current debts: Name/address of person, company, bank, etc. to which you currently owe money: Who incurred the debt: Date debt incurred: Amount of original debt: Reason debt incurred: Current balance: Payments made since January 200 I B. For debts as of January 2001: Name/address of person, company, bank, etc. to which you owed money: Who incurred the debt: Date debt incurred: Amount of original debt: Reason debt incurred: Balance as of January 2001: Payments made since January 2001: Present unpaid balance: tP~aFlt SAar i~ p.'a/1 :5'- J1 CJJhe /nC PICNII 1.1.. - J:{ J'-I - q ~ s: 000. 60 '-i~Oo.DO fJ; 0 ff c.(il..r" Loo-l1 _ (}t) to tz-h 7 'i 5''6" 9'1 c. For each debt listed above, please attach any copies of documents relating to debts, or records of payment. :'-~~:"~ --~- "--,-. c, ~--;_"'('c ~_~<r__" .., ~, -:~,. ,,-., "'-1'," _' , _,~_" - - ,--,-_~__,"~,.;_w,~,,,"., _, - "-'-'__'7.-'J' .,._ _ __ --.- -".'-' ""-'", ,"-" '~'"rT,~.. " ,,"~, ~ _ _ ,~ .,,'_e',. ,~ -,..,- , , """" 'M,.""'..' " ,<. ," . "'^ ,-" -"7. """"~""""v.':<_,d',,,,,,,_~ ',;e;, ,.__~^~,,_ _,c:-f'Zo.','7"i;;_, -";~'p-,,., -,_,~~-;;~<,--_. ""'''11'''111''''1'''[1 . ~-'-J"- <.;:.'",',- ,,"-'~ '""".",-,,' "'" "-~"~'-M"",>;-'I_)"';' I. ~ .....l!! I ~ g ~ i!1n'1 'm ","--",> 3i~ ~.- ,...' ;<::-~ ~(') ",0 ""C ~ ~uJ o (~.) o " -.... f~fD ~~ :c.. ..". ::0 -< C- C Z N W "0 ~,,,,, .- 1'3 :.n -...., ~ rr"Wi ~"=, ,o,-'cl&~~l~~~~~T~[]].J ><2:<4'; ffiI]!l!1,-:",:'~:~_,_,-"'__",,":^,:,_,,,,,___ PEGGY BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DEAN A. BOWERS, Defendant NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of August, 2003, upon consideration of Plaintiffs Motion To Compel Production of Documents in Accordance with Written Interrogatories, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. ,. RULE RETURNABLE within 20 days of service. BY THE COURT, Erin L. Benson Certified Legal Intern Robert E. Rains, Esq. Thomas M. Place, Esq. Lucy Johnston-Walsh, Esq. Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Plaintiff ,u,..,..u:. ~ 'i-I) -03 r Q--, Dean A. Bowers 88 Taber Road Newburg, P A 17240 Defendant, Pro Se :rc E~c,j"'T.r T' 'I' , . - ~--~, "':, - ~--,',:: -~~~'~'k~", :: ~:-i~'~~~jhJ~'J~fiiwillO-:~J:~!Mm. ' ~tjr~-~"'~. "I '''i_ ~~ ,;;,L_.,,_ ~~ ~,,_ ,,~~ ,,,,:;*~~'Wi~~"'" '~J;"t,""f,jL'4!,. ""H;O'", . "," , " f-l ~,; ~ ~" ~ :1: 19 '. rtlUN1Y ':::";~~:''L I\;'-h."" -'~A CUMpEi~I~SYLVANi ,~--'h,~, - "',,'~ "_"""~".~ __ ." ,,'fc '. .~"--;,,,~ ~~'.', "., , ,~ , 0__ .~ -~, iIIIlTililIi.:illlill!i ~' :., .'. ~"",,(\~. .-, ,- ~Il!:,ill . , '." mJl..'!:-' .--" l AUG~3 PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW . : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this day of , 2003, it is hereby Ordered that Petitioner's Motion to Compel Production of Documents in Accordance with Written Interrogatories is granted. Dean A. Bowers is hereby ordered to produce at the office of plaintiff's counsel, the Family Law Clinic, 45 North Pitt Street, Carlisle, Pennsylvania, 17013, the documents requested by the Written Interrogatories, including copies of the profit-sharing and retirement plans Mr. Bowers has through Valley Quarries, Inc., and all statements relating to contributions to and values of these plans, no later than 4:30 PM, five (5) business days after the date of this Order. J. Wesley Oler, Jr., J. 'f~~ll~j,L, . ,- ',';:: ;<':':<;<<" "-":,,',-;oi,, ':~?;:'>:::T:,;:""'c,"~:,,-:~",' :'-:l'?:~~r-:-' -, '-'~"'l~,',,-A,',~-T:.~ ?;, "~'-''''_~;,> ,,.."-~-: "- .',<",' ,''':- ,'- ,.1--- ,,- ,. _ ,'-,~~r .',' ~'_'_'--__' " , ,~ ; PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM MOTION TO COMPEL PRODUCTION OF DOCUMENTS IN ACCORDANCE WITH WRITTEN INTERROGATORIES The Plaintiff, Peggy Bowers, by her attorneys, the Family Law Clinic, petitions this Court to Compel the Production of Documents in Accordance with Written Interrogatories pursuant to Pa. RC.P. 4006. Specifically, the Family Law Clinic requests copies of the profit-sharing and retirement plans Defendant Dean A.Bowers.has through Valley Quarries, Inc., and all statements relating to contributions to and values of these plans. In support of her Petition, Peggy Bowers states as follows: 1) Peggy Bowers (hereinafter "Wife") filed the a complaint for divorce against Dean A. Bowers (hereinafter "Husband") on December 5, 2001, which included a count for equitable distribution. 2) On December 8, 2001, the Family Law Clinic served Husband with the divorce complaint. 3) On April 22, 2003, the Family Law Clinic mailed to Husband a set of written interrogatories and a Request for Production of Documents and, pursuant to Peilllsylvania Rules of Civil Procedure 4006, directing him to answer or raise objections to any of these interrogatories within 30 days, by May 23, 2003. 4) Husband gave the answered interrogatories to Wife, which were filed by the Family !~~;~~,W,;J" '," " ,.-' .,,_:: <"" ~::r~,"--'~:"_~~,::;,::1,:,:-!>,--- '-';'- - ~-:{ _ '~-", l-~71''- '_-":':~--" ~,~'" -- __ "c"",", .,~ __ -, )7-" __ _ ~,_.,', -' -. "~'" - ": -.' -"-,",,,, Law Clinic on May 23, 2003. 5) Under the second question of Wife's Interrogatories, regarding pensions, retirements accounts and profit sharing plans, Husband was asked to state for each employer from the date of marriage until January 2001, whether he participated in a pension, retirement plan, or any other form of deferred compensation, the value of any such compensation, the date he is entitled to receive retirement or pension benefits, and any amount of funds that were disbursed during the marriage and/or after January 200l. 6) Husband listed Valley Quarries as his employer, with the address of P.O. Box J, Chambersburg, through which he has a profit-sharing plan and a retirement plan. He provided no other requested information regarding these plans. 7) The interrogatories directed Husband to produce the documents he listed for inspection and copying pursuant to Pa. R.C.P. 4009.11 and 4009.12. 8) Husband did not provide the requested documentation of the retirement plan or the profit-sharing plan that he claims he participates in through Valley Quarries. WHEREFORE, Peggy Bowers requests that the Court grant this Motion to Compel Production of Documents in Accordance with Written Interrogatories, specifically copies ofthe profit-sharing and retirement plans Dean A. Bowers has through Valley Quarries, Inc., and all statements relating to contributions to and values of these plans and compel Dean A. Bowers to respond to this discovery request by producing the abovementioned documents at the Family Law Clinic, 45 North Pitt Street, Carlisle, Pennsylvania, within five (5) business days. ik\",~,. !!1'_lfl.,_ _ .~ ,-',"1:-'0- ~-:! 1'.-1,'("-"'- . --,,?,,~- .".- t, " c_ ',"<"~~>'-- ,,'.. ~"\--- : -., '," ~- "', ''-'n', - ',- ~- -'" Date: 1(31/ (J:) I~' " c ,', ::_:;~,~,;C_'~"__-> "_"'~~:1, -~_.' -~,> g,<,^,_" " .'~:_c:_'_'fl'fi"_1":_" c'" "-'.'''l,' ~.,-"", ,. -.,' -~'"-<-_-__>, ":"'- "_, -'''.CP'' Respectfully submitted, ~c1~~ Erin 1. Benson Certified Legal Intern ~~ Robert. . s Thomas . Place Lucy Johnston-Walsh SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 - . ,- "0,"_ , E--' ,,~", ,,',_ -v_,_ "-,_-,",- _ , ,__~ - VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C. S. g4904, the undersigned verifies that the statements made in the foregoing Motion are true and correct, to the best of my knowledge, information and belief. Dated: 7-.3/-?J3 ~.~ Peggy ers fr<,.f"('lT1-t"' , ~ _ . . c ",' "'~"~~;~ "--~-"~"'-':,,S^"'-"- .-' ".-'- ",,'eo" 'c,' ,?\'~ ~-T~.--,Yc" />,,''>t.-' c,":-:'-_ ;,;:""; . - ~ ,;_. ,~ "-~ , -0""- 'U<' -c~..:,,-_,,__'''_''!(, - - -, _ o:;~-~:",-_-", ~ PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM CERTIFICATE OF SERVICE I, Erin 1. Benson, Certified Legal Intern, hereby certify that on this1!: day of llM&-~ . 2003, I am serving a true and correct copy of Plaintiff's Motion to Compel Production of Documents in Accordance with Written Interrogatories on Mr. Dean A. Bowers, who resides at 88 Taber Road, Newburg, PA 17240, by depositing a copy of the same in the United States mail, first class, postage prepaid. ~ J 1/03 ~ J ~S'V7-, Erin 1. Benson Certified Legal Intern Date FAMILY LAW CLlNlC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 " ~C',~, ^~ '^<", '~~":'.~;o'i7f':_"'9o;~~ -~-_P ~'-";~f "-".if " "?")''',_, v', Co "'.c,.,_, -~~~. '''-'_'-''7 '-;',',":' _ ',;'_ _~_.;_ .,~, ii' . - "'. ~. ,." " ,;." . 'C', ','~'11 o^,-"_, , '.;' /f-c9' ~ 1~~,_,_, .' '7~-"-"c-' - ~_1' _ " ~ ~_<~__ . 'v_, __ ~ _.~__,_ __'r. --,. -"~-~~- , '__p~~__~ry;'j H "" .' ;--~.. ,.~ "",...~,,-~ ,'~ ..-~-. .".,,,'",,','M. ok' }.~_" ~-'-i;,' '~-~-,'_"'od"< ,.,,,,,, .. ' ,',<" '., "~ - '~' T"o,:",", "'-<'!l1;; 0 ,~. C ,-"', , ~ ~ft ~ .,-' z,...- , ~;}:, KC , ~o .. " c " "7 >c: r") ~ :.n t~,;:! / (,0 :0 -< ,_~ ,'~)1~~~~~'~~')!'~~i'l~~~~l!ffl)~~~it\~jj~i!Wl\ffi~Vi ," ,.."- - - ~\ .~ <4'0 Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DNORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CNIL TERM CERTIFICATE OF SERVICE I, Heather Fine, hereby certify that on this! 2 'day of September 2003, I am serving a true and correct copy of Petition to Make Rule Absolute on Defendant, Mr. Dean A. Bowers, who resides at 88 Taber Road, Newburg, P A 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid. '! /;Z/03 . I Date ~Z- Heather Fine Certified Legal Intern FAMILY LAW CLlNlC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 ! fj ~ -- "'. '''. -'""Z,~.:!(i'-'~-,-",'h"-H<\-' '''';c"_,,,_.,_,\, - ":""" c,~:;'7;~r''':T:, OJ. "'''- ,-'.-,,,,,^ --,"'-, . '--I " ' ',,' ,_. , ... _,__,~~, . "",." ',- ",,< - r- '""'-''>,-''' """">',>",,,,'" ~. -~ -" '--~ "'>-" """:"~'_~Y'1'~ ""..., ~, ~' ,w _ ~_', .,.~ ~". '.~~F,,~-'-_ "' - "" _ ~.'~ c,",,",' . (') ~~ -c'f::-' S2!r t~\ ;:::.. ~ )> ~' '8W ,......~) ~<_ "bj ,- Millll -n,q ,,.."" C1 (.0 (l) ;'" TJ o " j'<, ___.I-- ':~ ~;~] - .. ;~;'~ c) _",;,:._~~~~i.~_~1f"'~~~j;:f%l_~a!llli~~~~ -, - - , .I PEGGY BOWERS, Plaintiff v. DEAN A. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of October, 2003, upon consideration of Plaintiffs Petition for Contempt for Failure To Answer Written Interrogatories, a hearing is scheduled for Wednesday, December 10, 2003, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. .. Heather Fine Certified Legal Intern Robert E. Rains, Esq. Thomas M. Place, Esq. Anne MacDonald-Fox, Esq. Supervising Attorneys fie Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Plaintiff .,A)ean A. Bowers 88 Taber Road Newburg, P A 17240 Defendant, Pro Se :rc -,[S.~$. .,,-. _""f". ,_,.c_ I f: , BY THE COURT, > W~A- Rts JD-S/-Q3 " --~ .--' "I ' ,f~lM'l.#ii~'~~im~,{'H"h."J;'~ii:!i'~lli.rSWfji!:i\t4iHfgiMJ;.~~?,%.-; +i>.:k;~,~1_";"~:~;;;~~,<i?tF&o:~Mf~,:;,-,~".-c"h"<kf.iiJ'",c~','~,'-'-':;~> . -. -i..w;.~lItlliwHiL '!i!,,:m, -'j ~l: l!ilf1~~J1i:llif _J:rtrr':' ~,-'" ,.o:._j ~~ ~~ FILED-Oj:flC~ _ O~ ,',,f'" ,.,t,;,"vr'u-, )i\ (\ JAR( r :11t: ;'-';"'I"I!I ,"0, '-;-./ 03 OCT 31 Pi"l 3: 13 CUMBEH;)~'ji) COUNTY PENNSYLVANiA " " ",J,~;~,J~.U!!l!.QIl.If.n~.I'!~I.~L,. '.... ",,,.'."'_''',_ ~';' _<" -"'-~'~""",," ,.",,;".1 - -~ ,.,,-< . PEGGY A. BOWERS, Plaintiff OC~2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant No.01-6886 CIVIL TERM ORDER AND NOW, this day of ,2003, upon consideration of Plaintiffs Petition for Contempt for Failure to Answer Written Interrogatories, it is hereby ORDERED and DECREED: 1) Defendant Dean A. Bowers is found to be in contempt of the Court's September 16, 2003 Order. 2) Defendant Dean A. Bowers shall produce all documents requested by Wife's interrogatories no later than ten (10) business days after the entry of this Order. He shall produce the documents at the Family Law Clinic, 45 North Pitt Street, Carlisle, PA, by 4:30 p.m. on the tenth day. 3) Defendant Dean A. Bowers's is ordered to pay Plaintiffs attorney's fees totaling $800.00. 4) Defendant Dean A. Bowers shall be incarcerated in the Cumberland County Prison for thirty (30) days if he fails to produce the required documents within ten (10) business days after the date of this order. BY THE COURT, 1. Wesley Oler, Jr. 1. --Hc-~.-t""'-< PEGGY A. BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant No.01-6886 CIVIL TERM PETITION FOR CONTEMPT FOR FAILURE TO ANSWER WRITTEN INTERROGATORIES Plaintiff, Peggy A. Bowers (hereinafter "Wife"), by and through her attorneys, the Family Law Clinic, hereby petitions this Court to find Dean A. Bowers (hereinafter "Husband") in contempt of Court and to sanction him for his failure to answer Wife's interrogatories in violation ofthis Court's September 16, 2003 Order (Attached as Exhibit A). 1. Husband and Wife were married on April 17, 1986. 2. Wife filed an action for Divorce and Equitable Distribution on December 5, 2001. 3. On April 22, 2003, the Family Law Clinic served Wife's interrogatories on Husband. 4. Pursuant to Pa. R.C. P. 4006(2), Husband had thirty days from the date of service to answer or raise objections to the interrogatories. 5. On June 23, 2003, Husband provided incomplete answers to Wife's interrogatories. The Family Law Clinic filed those answers with this Court. 6. The second question of Wife's interrogatories asked Husband to provide information regarding a pension, retirement plan, or any other form of deferred compensation that Husband participated in through his employer and to list dates Husband is entitled to receive benefits or whether benefits were disbursed during the marriage. For each plan, Husband was asked to produce all documents relating to the plan, including a copy of each plan and all statements relating to contributions and values of each plan. , '3,,,),,,41.=, -'-', - . "-- ?":"''-~'-~'---- "'--~-'''-''"" ~,:::::'!'_';r,(~f- -,-' "," 7. In response to question two, Husband listed a pension and profit-sharing plan with Valley Quarries, Inc., but did not provide any of the other requested information. 8. On August 11, 2003, this Court issued a Rule To Show Cause why Husband should not be required to produce these documents in response to question two of Wife's interrogatories. The Rule was returnable within twenty (20) days after service. 9. On September 16,2003, this Court granted Wife's Motion to Make Rule Absolute and ordered Husband to produce the requested documents within twenty (20) days of the date of that Order. 10. Pursuant to the September 16, 2003 Order, Wife should have received Husband's completed answers to question two of Wife's interrogatories by October 14,2003. 11. As of the filing of this Petition, Wife has not received the documents requested pursuant to question two ofthe interrogatories. WHEREFORE, Plaintiff, Peggy A. Bowers, respectfully requests that this Honorable Court enter an Order granting the following relief: 1) Finding Dean A. Bowers to be in contempt of the September 16,2003 Order of Court. 2) Ordering Dean A. Bowers to produce the documents requested in Wife's interrogatories to the Family Law Clinic, 45 North Pitt Street, Carlisle, PA, no later than 4:30 p.m. on the tenth (10th) business day following the entry ofthis Order. 3) Pursuant to Pa. R. Civ. P. 4019 relating to Sanctions, order Dean A. Bowers's to pay Plaintiff's attorney's fees and impose such other sanctions as this Court deems appropriate. To date, student attorneys have spent 16 hours preparing legal documents to compel Defendant to provide complete answers to Wife's interrogatories. At the reduced ;;', - "-. " _'P",~1_-~"," "'",1 _",""__.O',~." "-'.'"! -:""t"-,,,;; "~~",-~-,"-,- ""_-~--_"" "'...," - ,~ '.~' ,. ->" --I rate of $50.00 per hour, this is $800.00. 4) Directing that Dean A. Bowers be incarcerated in the Cumberland County Prison for a period of at least thirty (30) days if he fails to produce the required documents within ten (10) business days after the entry of this Order. Respectfully Submitted. Date: /0/2..1/03 , I I~Z- Heather Fine Certified Legal Intern Robert . ams Thomas M. Place Anne MacDonald-Fox Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ~ J~' ~ "~,,,- :'''''''/.7..,.<, _,,' "~'-;_"" -,., C"_;"__ ,~,-~:' "-""-"0"': .,.t . ""-~",, ,_,"_,' 0", -~-" ~, "- -,- PEGGY A BOWERS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant. NO.01-6886 CIVIL TERM CERTIFICATE OF SERVICE I, Heather Fine, hereby certify that on this 2~td'ay of October 2003, I am serving a true and correct copy of the Petition for Contempt for Failure to Answer Written Interrogatories, on Mr. Dean A. Bowers, who resides at 88 Taber Road, Newburg, PA 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid. /0/2 t 10J I ' Date ~c Heather Fine Certified Legal Intern F AMIL Y LAW CLINIC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 '":\;.~;~I[iI!!l'l_~. -^-H""'.-J'f' '-i';~:~~-"',:--;,:,,:,,;:.j,..",v ^,-,'\;, l .,._,. ': " ,'+. - -' ~'-";'~ '-_t', ~~ .' - - " -I ~r SEP 1 J Z003 ~ Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CNIL TERM ORDER OF COURT Q .p_D"c' AND NOW, thiJL-IIt. day o~, 2003, it is hereby Ordered that the Petitioner's Motion to Make Ru1e Absolute is granted. Dean A. Bowers is hereby ordered to produce at the office of the plaintiffs counsel, the Family Law Clinic, 45 North Pitt Street, Carlisle, Pennsylvania, 17013, the documents requested by the Written Interrogatories, including copies of . the profit-sharing and retirement plans Mr. Bowers has through Valley Quarries, Inc. and all statements relating to contributions to and values of these plans. Mr. Bowers is ordered to 020 produce these documents no later than ~ :39 PM, :H-Y~ (5) business days after the date of this Order vI vll.LGl ;~~['Q mill b~ bdd. iu ('nptunpt fn1" -f':1ihu:e tg :illl€urer Plaintiff' s 11lteHuoalul~"'~, M'ld .~11 hp. l;;!~n,...t;"nprl hythp. r,...."...... . exhibit /I . ~;iOOir.t:~ p'", ,".'r__ ,~- - .., - -''f,'''- t.' ~ , , - r $"" "" ..,.~ "- Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff Peggy Bowers, by and through her attorneys, the Family Law Clinic, and files this Petition to Make the Rule, issued on August 11,2003, Absolute and states in support thereof as follows: 1. On April 22, 2003, Peggy Bowers (hereinafter "Wife") served Interrogatories on her husband, Dean A. Bowers (hereinafter "Husband"). Husband did not answer the Interrogatories. 2. On May 23, 2003, Wife filed a Motion to Compel Answers to the Written Interrogatories on Husband. 3. On June 2, 2003, the Honorable 1. Welsey Oler issued a Rule upon Husband directing him to show cause why the Motion to Compel should not be granted. 4. On June 23, 2003, the Husband's Answers to Interrogatories were filed with the Court. 5. On August 1, 2003, Wife filed a Motion to Compel Production of Documents in Accordance with Written Interrogatories because Husband's Answers to Interrogatories were incomplete and the requested documents were not produced. 6. On August 11, 2003, Judge Oler issued a Rule upon Husband directing him to show cause why the Motion to Compel Production of Documents in Accordance ;;;F..'m,~ .""~" .,:,-,-~," (-"" ':'-,~' ~, , - ." "u 'r~' "r ~ , with Written Interrogatories should not be granted. The Ru1e to Show Cause was returnable as of September 2, 2003. 7. To date, Husband has neither showed cause why the Motion should not be granted nor complied with request for production of documents. WHEREFORE, Peggy Bowers requests that the Court make the rule absolute and grant the Motion to Compel Production of Documents in Accordance with the Written Interrogatories, specifically directing Dean A. Bowers to provide copies of the profit-sharing and retirement plans he has through Valley Quarries, Inc., and all statements relating to contributions to and values ofthese plans, by delivering these documents to the offices of Plaintiff s counsel, the Family Law Clinic, 45 North Pitt Street, Carlisle, P A, 17013, within five (5) business days, or otherwise be found in contempt for failure to comply with Plaintiffs discovery requests and properly answer Plaintiff s Interrogatories, and will be sanctioned by the Court. ';;~~,m- , ,'_ , "" ~ ,,"1 "''c ~ r." .,"r T.: < )"" ,""-' "" ~ ~ - ,. - - Date :":~.JJl!., 9/;z/D3 I f to, _,. -t<, ",',r -"-r-' -.-'. '-,-'-, ," Respectfully Submitted, iL---e Heather Fine Certified Legal Intern ~rc, !-- THOMA . PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 I~ ~~ ?-. Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CNIL TERM CERTIFICATE OF SERVICE I, Heather Fine, hereby certify that on this /2 f'day of September 2003, I am serving a true and correct copy of Petition to Make Ru1e Absolute on Defendant, Mr. Dean A. Bowers, who resides at 88 Taber Road, Newburg, PA 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid. r/;z/o3 - J Date ~z- Heather Fine Certified Legal Intern FAMILY LAW CLlNlC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 ;{~~,-,,~;-, ." ":1"','!"!._ -~"" ,-, t '-""" ,', " ~- ~ , ~ M,'~,',"_' '-, "'".<'_" - - '.,__i?:-'%'C--~''ij--~Y~, -~ - .~, ~,. -'" - I~","O;;' ^",' ,.,~"",.,<''''' - \^~ \4~ ^ '.. '" "'H"," Hi r" r "1ilr'p~ ~ c.~ 'fi tw.). 0 ~~-i IR\ :-') f~.;J :1' --I t; l'.) :~~8 ~i5 m 01 -u :.~~~ ;c-+; IQ ::Ji: ~:;o .,,~ ~ am -,~ tJl ~> N ~ nIT___ :"'~'':'1:~-\L~-,,?-,it\lt!~ ..< J-' ~~ n.._,_~rf~1r(~~..~w~~t<.'lf<V""":~~''J'~Pf,-",,;n:'<'''W!l'~_~~!li~!lI!t~iiN~~_~~~1l;r~'r~~_'! jlI_ 0_'_ PEGGY A. BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant No.01-6886 CIVIL TERM PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT FOR FAILURE TO ANSWER WRITTEN INTERROGATORIES To The Prothonotary: Please withdraw the Petition For Contempt For Failure To Answer Written Interrogatories that was filed in the above-captioned matter on October 28, 2003. Date: I;) ~ S- /1) 3 I f p? Heather Fine Certified Legal Intern ~~~g-& Robert E. Rams Anne MacDonald-Fox Lucy Johnston-Walsh SUPERVISING ATTORNEYS F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ~;"- 1,,,,,: :r~ ~,-," "" ':'~~"f~-'~''T,''t-_;~'''-'<: ;,;;r' -';"'"':'_"._">_ "--::;_,_,":,,, f;' "'--,Y,"' ,L';:" - -- ,-.,,,- , _ _"_" ,,_ '"'" __'_~<!/___, ," = I ",- ,_0_ - -'.'C - -' " '-, , ''-_' _, _0: __,:',_, /~ ;:-~_" -, ,~_,,- ,,""_'.. __,~. "'_, _, ~'-,Y'"",-",,, _" I, " ,~. - < ~'...,"'=,- <"'--,,~'"~ oj ~.,... "-r~_" "'-"_ ';o.;_~'-;;r",'" y, .7 ."'~L"'Xk-t~J'-r -J"Jj-~ lfLTIillf'_'_]tJ1i -~' ~ JJ/ "2 8 ~ i';: ;Z: ::::l I c:> ti:tF ..e N ."r" (.n t{~ ~..,. ~. :;;.~ CJ -0 !<::: >'). ~8 ::J; '5.~ t.>' ~, .. ~ 1'3 .~ '< l~~~'o_", ,,;11I) J ~ i,!l,_ ' . >. _ _ '" Y_.' __~_v ~_'~ "OC. ""C_"_'''_.,_'' -._""". .,I~~'$)}~Y~0ffi!"~#h-\,",~~~~ffirnt!r~~~!ff~i'<i'~\lIli~_., ',," "..::; 4,. . PEGGY BOWERS, Plaintiff v. DEAN A. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-6886 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of November, 2003, upon consideration of the attached letter from Heather Fine, Certified Legal Intern with the Family Law Clinic, the hearing previously scheduled in this matter for December 10,2003, is cancelled. Heather Fine Certified Legal Intern Robert E. Rains, Esq. Thomas M. Place, Esq. Anne MacDonald-Fox, Esq. Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Plaintiff Dean A. Bowers 88 Taber Road Newburg, PA 17240 Defendant, Pro Se :rc .-,<-r-,,'.,'- .-, BY THE COURT, /: 121 1 r / l (/ n/ 'j : VVL-? 1../, r.... 1. }Vesley Oler;::::Jr., J. i l V ~~ ~ II. ;J.J,. 6..3 ~/ ! "j~f.~~~'kb)I"f!_q;:~'r,;,:.,it~j~r,j'{\!h',-#~.w$t*-h""'rI,)j"'jf'i-W_f,.,/,,'t ."o""'_"'f'j;c:"r"">Jl':"'Y~i~'iJ:j;.\If;:;;i.~-,.;':-'Jd"';:'~~,~:_::'>,.;-'t.~ 11"'. fi','" ," J;~~ ~ ,J , ,ijlUl.]J!'IJo,,,,,.-,j,,,,.,"f,~-;;,-.i"~ _,,", .. &'_ ~ _, ~~ ~_ }',_ c'_'~,~(l'~;", -~,' -, ",." '_ -" " , _ti>1~ill~..;~1~"k1'-llli~:_LJ:{L~~,~~~:iiJ I~, pi cf'AffiQE . .,-...r~, \1'''-'''il'''''' t"\f.: \:"r :,t,'tf\I"'a-:1'iU.M1 Vf (ht n~\.J"'- 1)3 NOV 26 Pl'I \1'" ~. .. ". . col.)N'l'f , .... ,~~nll. . ,-x. rft'" .-",- ... FAMILY LAW CLINIC .~ A service to the community by students from TIle Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013~2899 (717) 243-2968 Fax: (717) 243-3639 November 25, 2003 The Honorable J. Wesley Oler Once Courthouse Square Carlisle, P A 17013 Re: Bowers v. Bowers, No. 01-6886, 1n Divorce Dear Judge Oler: '.i On October 28,2003, the Family Law Clinic filed a Petition for Contempt For Failure To Answer Written Interrogatories against the Defendant in the above-captioned divorce action. On October 31, 2003, you issued an Order of Court scheduling a hearing on the matter for December 10,2003, at 9:30 a.m. After the date of the filing of the Petition and the Order scheduling a hearing, Mr. Bowers produced the documents requested in Plaintiff's Interrogatories. We have filed a Praecipe To Withdraw the petition. Since Mr. Bowers has complied with our requests, the December 10, 2003 hearing on this matter is no longer necessary. Thank you for your attention to this matter. Sincerely, t=G Heather Fine Certified Legal Intern PENNS'rATE .. The Dickinson School of Law An Equal Opportunity Univenlity ';"~,::t;_ , ~", ,_,":~~_,,'-'--"~'O.-;;1_5'''", c~~_,,,,,,,, '-~_;,-'.."'I"''''_'- '":",. ^C'I'-" ','<'- ~." ,_0," __ '-',J:', .,-,. .-"- '." ..' '''''''T- ""-, <.. ~, ~~ ". >,0 ~. lII~~lIfmf~lhl1J. ~_ ,~, ~1)l1~~~~[i!l, _ ~__'-:~'.;lL J ;_~ ,~.I.,~mt~~'!;-!'WJ$~~~"'!~+'I,W!f~-t:o;"m~'~ejS<i"'il;I"'~~~~~l.:!iH~iliifij;~!*!llf1f<~'ili,/~~~j\l1'F~lfrjil~j;;J~riJ<!i'i-~~J'; "- ~ --. .',', ."'" "''''--~'' ~'.-'''~M;','' > c"''''i' , .;", ,~,-"",g;;;t;:i;'W'~ ''';i;I.!;;O''''--\1f'(t:-_J1121rrl---'w(''-;'~,;ili wi .... '" v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DNORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CNIL TERM CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of the Plaintiff s Motion for the Appointment of a Master on Dean A. Bowers who currently resides at 88 Taber Road, Newburg, Cumberland County, Pennsylvania, 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid, on~, I) ,2004. ~.\fl, ~~A~ Tracie N. Wesner Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 -:c.'i'Pf _1."_' _C""",''''.,,''' _,.",.,...'<._ _,__"'__"~_' I-;~_'_', ___ - 'I ~ . ':'-',-',"'''',,'_,'_ "v'''' .. -~ -, ~- . " , " !jIlIl!!!!I!,"" 0 " ~ '^ .~ .,,__._,JI'!!~!1I~t,-. ,r:;,,, '" '." !.),it~jj.!\~., ~~ .~" - -~- "_8.' ",-,- '!,(''i; ;"';1", .; !'-' 'j,,!,::;;;,;' "';';.-'" <--'de .'-''''-.j i,i;.;:;~i;f;'i';Z";'(-ill:il'.i"'f;o;_Il~--f1"t&,\')i~~"-i'--'1~-~\~,5 0 ...., C "'" ~ = ::t,S: ..c- ri1!,.l:J ~ :I! .2-'i,,11 fl1.:n <.f.f!2 ;:;0 -o;/Ti (f:.> I'>J ::::("'? UI :n:g 0, r-t~; :e-r, <-.....E ~O -0 ::J!I: ~:o '-0 c" >(~~ <;-! n1 z ~ -J '" ro :5 -, O't --< ,. ~,-"__ '".: ,,~ -__"',_~'l?'C<:~_~ __,' ~l1m1I~J_~;(._~_~f~iff~mrW''';';''~i~_<1'',(!;,~roJ'~'W:0\ll"-ffli'jimF;!~f~@,ir,j';;~f!lji'\*'i;r""j$it~~~~fi~;r _:.~c~~: fu,~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : DNORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CNIL TERM CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy ofthe Petition for Bifurcation on Dean A. Bowers who currently resides at 88 Taber Road, Newburg, Cumberland County, Pennsylvania, 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid, on --1'r\Clr'tJA . -1l, 2004. ~~ '11.~, Tracie N. Wesner Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ',~~-- """~,,,~-:,~_,,,',\'-~_"__;r.' ",y, "~",,,., ~_:I~' --~", . . - - ,- ," - \ML, i ~ '^ " ..1. ",~I~"I~tll'\~"l~' . ,,-,~' ~~':. ~r-~~_-~of""~o;p'"-<:Il'l; . ~ c '" -~"".-_".- ""' '-,1, ,0" , """",,,;,;:;.,,,,,',, "0' ,,,,~,-,_,~~_H4"""=""'='"=~&"-""r~'] lraTY" 8 "'> "'" 0 <:::0 s: ..r:- 'Tt iIjl?{ ::lII: ~:n :... .:E;;-:(:;: :::0 L!""-~ -ryF;1 i':9~,~ '" -<...<. U1 :;00 ~C} Q6 ::<~s;: '"'0 -ro-',. ;?" ; ::!:: (5.:D :J>C 7(') ~ am 2: b! =< '" ;u C'> -< 1Mll'dI$~'i:F7;\\.w6"";~~'%i",~,~"~';'fj~)t~"'t:a~'R,f,jktf:'~':\"if'l;;Ji!1'\W"j@l!\!fl;l~\t~~";;~''R<1''\i'NI~!,%~~~~~i;' ,~ ~~, -,,-, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : DNORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, Plaintiff DEAN A. BOWERS, Defendant : NO. 01-6886 CIVIL TERM CERTIFICATE OF SERVICE I, Heather Fine, hereby certify that on this 2. "l. day of April 2003, I am serving a true and correct copy of Plaintiffs Interrogatories on Defendant, Mr. Dean A. Bowers, who resides at 88 Taber Road, Newburg, P A 17240 by depositing a copy of the same in the United States mail, first class, postage prepaid. Y/Z-.2-/03 Date I ~7_ eather Fine Certified Legal Intern FAMILY LAW CLlNlC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 , A'J".~~ -" ,,- -~:-' 0,- ,- """'"'-'-"~'-:-" -.' :" ,,-!"- ~ '-, -, - ., l" -: . - ~-"'-', I "-.'i, f~<C " ," ,." '\"i""i""""iii'i,~iiii' "'",'e' , ",. ,." ,.~- .,.<) 4"'~.'-" .,., '",<4"='-"~'_"'~"-"'~ -- - , '~>'^,-~_~J ,- --=0"-' ...,~ ~'jrn'~-jJllJIf~'- r ~"~ ~ ':-." ''" J;. _,,-JI?:'., ,--,,-,,----_-,_,_:,.~.L-~,"'~_~,:.,,'_O_-" "'," -~~- f} "tl-l ~! ~ aw ~-,.-' -<,:~ - S"? - r"'::':. 5~;'- 5f '"f l' !"~,~~\ljl,~,~~.~~qJ::1'91~~~!!li~RlL~j~~~~lf{ ~_A-_' .... .~ DEAN A. BOWERS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA VS. :CIVIL ACTION-LAW : DIVORCE, EQUITABLE DISTRIBUTION PEGGY A. BOWERS, PLAINTIFF :NO. 01-6886 CIVIL TERM INVENTORY OF DEAN BOWERS Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements true and correct. Defendant understands that made subject to the penalties of 18 Pa. C.S. falsification to authorities. made in this inventory are false statements herein are 4904 relating to unsworn ~ ASSETS OF PARTIES Defendants marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. )1. Real Property )Z. Motor Vehicles )3. Stocks, bonds, securities and options )4. Certificates of deposit )5. Checking accounts, cash )6. Savings accounts, money markets and savings certificates )7. Contents of safe deposit boxes )8. Trusts )9. Life Insurance Policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10 .Annuities (x) 11. Gifts ( )lZ.Inheritances ( )13.Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ..:.,-,;;;.",,,,,"- - '",--"-- - q -'"~-- , _' L~_ _, " , , . ,'N~<m~--~ ..,_~,/_ _r~ _,~_ '- 'r )15.Buisness (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ) 16. Employment termination benefits-severance pay, worker's compensation claim/award (x)17.Profit sharing plans (x)18.Pension plans (indicate employee contribution and date plan vests) ( )19.Retirement plans, Individual Retirement Accounts ( )20.Disability payments ( )21.Litigation claims (matured and unmatured) ( ) 22.Military/V.A. benefits ( )23.Education benefits ( )24.Debts due, including loans, mortgages held ( )25.Household furnishings and personally (include as a total category and attach itemized list if distribution of such assets is in dispute) )26.0ther MARITAL PROPERTY Defendant lists all marital property in which either both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY NAME OF ALL OWNERS 17 Profit Sharing From Valley Quarry in Shippensburg, PA Dean Bowers 18 Pension from Valley Quarry in Shippensburg, PA Dean Bowers NON-MARITAL PROPERTY Defendant lists all property in which spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION PROPERTY TRANSFERRED ITEM NUMBER DESCRIPTION OF PROPERTY DATE OF TRANSFER CONSID- ERATION PERSON TO WHOM TRANSFERRED ":'0-', '",,-,, - ,. ~ ,'1' -"" '0,' :"..'''W ""- ., ,'" -,,-,=~ , .~ "".. LIABILITIES ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL CREDITORS NAMES OF ALL DEBTORS Defendant deserves the right to correct and/or supplement this inventory to the extent that plaintiff acquires information regarding assets and/or liabilities. Remington 22 caliber semi-automatic riffle RENT-A-CENTER itEDROOM SUITE AADIO SM!ONAL (FURNITURE) 3/4 PAID FOR ALL ABOVE BY DEFENDANT n,,'I,~- ,0 . _ , """','_ '_ ","',?:,,' ~, ._~ , r.- '"' -< Ie, ,- ~ - ,-_=~, - f'A" ^ , ~ ~- ~ ,_ ",,', -<>,'- __.,,^~-'>,".,,^ ~' _ " ,_ _'-_'.</ "o"W_~'V" ~ ,<, .-. ~ ~.. , p ;;;:(~ ,;k:'fn ;z: iZ' ~d~' r--..,....~ ~c. l8 ~' (0 ~ -. ~- .1:- c:::;) co) "'" '1.:; '::0 .'\j c~ :J~? ,,-!'~5 ,-:,:j/l) ~ -0 "'C Q " .h, ::-"G; '~~~ ~~_~i!i~:-:;mr'__~_~"f _~r:w;__illi1Y>",;l,,~_<d_:>l'~~~WI\l._;_--!-J.O]}J!!!}~'l!t-jJil:P.ilH['_~B<"-V''''W'''('~)if..'>1W;C'''''i';'->9Mf:'''0',''':'f'8''-lW_'~t'''",(WfI'-'ml~~_'_'1'':!-(-;;",'jT'nr"~~",n:f>"'~~~~J~(~~~_ ;r -~ -~ '" '<.- ".' ".". V~_ SEP 1 5 ZOO3 'P Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DNORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CNIL TERM ,I ORDER OF COURT (1; C ..1 AND NOW, this~ day of~, 2003, it is hereby Ordered that the Petitioner's Motion to Make Ru1e Absolute is granted. Dean A. Bowers is hereby ordered to produce at the office of the plaintiffs counsel, the Family Law Clinic, 45 North Pitt Street, Carlisle, Peunsylvania, 17013, the documents requested by the Written Interrogatories, including copies of the profit-sharing and retirement plans Mr. Bowers has through Valley Quarries, Inc. and all statements relating to contributions to and values of these plans. Mr. Bowers is ordered to '2.cP produce these documents no later that, I.~O m l, '~ln busin.ess days after the date of this Order 61 ~'!heF.vise mill be 0014 iR Gcn.t~mpt for f"ilure to answer Plaintiff'o Ill.ielJ'{)8"tn,.;p<, "n<1 Will b" ,<kwaeBe4 ey the Cel!rt. ~~ ~~~ r'(0? ~,\ C5 ---,H;c!''''' --'~:"~'''~i_ ~."'. ._,:",--,,,::, ,,~, ',': '-":--~ "':"''7,, -"~-fl'-~"'- ~," "r~ ~', '.,_, ,,' ,_--__ :.,.>-~~_ -,-"_ _0 ,FO" --" / - .' - '-. ~ ,- " - - ,-, - > .-~ 'fWIIII L:.. o cr~ :>- ,-- '7 ~3~ :>- , (I) ',-7 :'~!~~ ",,0.... ,3 (.) (L l,,,o (/; (:) " ~J "~~'~-"'-' ~ " "'''' ___h-", ,~~ - ~-.~.' ~t,""_'r' ,,-,,''-'-,' '0'<<" "i" ..-. --'^'. 'vl[]:lm"Ji~-l::tt~'""';--.-~i .~,"^ "7_~ "__~ ~1I__,~,;~_",:_.:!,~~,i:,___~~I\l!j1~~'~w,;~f'>~Mi:~~~:"Wm:r.;j~OO!ll~~~~wt!"'...,~ ~.!~~.k~1j Peggy Bowers, Plaintiff, IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DNORCE, EQUITABLE DISTRIBUTION Dean A. Bowers, Defendant. NO.01-6886 CNIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff Peggy Bowers, by and through her attorneys, the Family Law Clinic, and files this Petition to Make the Ru1e, issued on August 11, 2003, Absolute and states in support thereof as follows: 1. On April 22, 2003, Peggy Bowers (hereinafter "Wife") served Interrogatories on her husband, Dean A. Bowers (hereinafter "Husband"). Husband did not answer the Interrogatories. 2. On May 23, 2003, Wife filed a Motion to Compel Answers to the Written Interrogatories on Husband. 3. On June 2, 2003, the Honorable 1. Welsey Oler issued a Rule upon Husband directing him to show cause why the Motion to Compel should not be granted. 4. On June 23, 2003, the Husband's Answers to Interrogatories were filed with the Court. 5. On August 1, 2003, Wife filed a Motion to Compel Production of Documents in Accordance with Written Interrogatories because Husband's Answers to Interrogatories were incomplete and the requested documents were not produced. 6. On August 11, 2003, Judge Oler issued a Rule upon Husband directing him to show cause why the Motion to Compel Production of Documents in Accordance i';~,..~ > '" ",'~~,~r'; "c ^' ,"',-" , , ,~ ",,',1- --,- -.,"__0-_',,".-'-'-, ~,- - ,-- -~.' -"'" -, "'.;r -"""_. -'j' with Written Interrogatories should not be granted. The Rule to Show Cause was returnable as of September 2, 2003. 7. To date, Husband has neither showed cause why the Motion should not be granted nor complied with request for production of documents. WHEREFORE, Peggy Bowers requests that the Court make the rule absolute and grant the Motion to Compel Production of Documents in Accordance with the Written Interrogatories, specifically directing Dean A. Bowers to provide copies of the profit-sharing and retirement plans he has through Valley Quarries, Inc., and all statements relating to contributions to and values of these plans, by delivering these documents to the offices of Plaintiff's counsel, the Family Law Clinic, 45 North Pitt Street, Carlisle, P A, 17013, within five (5) business days, or otherwise be found in contempt for failure to comply with Plaintiffs discovery requests and properly answer Plaintiff s Interrogatories, and will be sanctioned by the Court. "w,~-: '. ";0'~-1;-'rr'''''<,-,~:'~''7--: _ _, r, -? ':":~' :., '_ "7' ~"'f"_, C - "",';' '. i'.'-, ",.,,,, ". ~o ._ __ ,_ < _ ."" ' _, _._= ~- Respectfully Submitted, Date 9/;2 /D3 I ( iL (- Heather Fine Certified Legal Intern THOMA~ fC, 1- ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLlNlC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 -'i'_,,:.,,~, -- - ~,,- _ - '_" _,).(, :':-"'~'~'-,;X''''~'~f:'_-' '3~",r_ :"~,_,, :'"'~ ;-~--f-~,,'t'''- ',' -,C"',, _"r-,,",; '_''_',--;'. ,_~'._'P." _ _"" ,',4", _'. f .- : -~ 1lE) ..y -~, , ~. n, wr In ,~_' ~ ':"'_\'1'~-,_ -~ - '-'- ,- ',.",.."",,""" """ '''-,"".""'''' "'~- ~ "',,cO'",,,_;,,_,, ;,;';".' ,~-"-,--, _'="""''''l''''~'''"'''''''''~''''^~ -~"-"~r-lii1rr] if ]11.,'1'''" r..? (~\ o ~ ....oc ~\~', 0) -~'_ ~2i_~ ' ~,~~~ \.~.' .~\.- J;'C- ;< -\ _c ct') ~:-n '0 ~''-) ~~;,"i': (') ~f' -C' ,on '-..-" , ,-~-.} (-) , ' .~ - C.~! .:--.:.J ,0 ~ ,,'Y "'_ ,,~~~}WjJii,~'WWj~l%N!~r~%f~ii<1~~>lry~~~"',~~':&f",'-'lf'lci~!l'~~~~~f;', ~1 "-~ "-- PENNSTATE ~ The Dickinson ~ School of Law Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-3696 Fax: (717) 243-3639 July 23, 2004 E. Robert Elicker, Esquire Divorce Master Office ofthe Divorce Master 9 North Hanover Street Carlisle, P A 17013 RE: Bowers v. Bowers Dear Mr. Elicker: Enclosed please find a copy of a letter that I sent to Mr. Bowers on July 23, 2004. Sincerely, ~2:::!~ Certified Legal Intern Enclosure cc: Peggy Bowers The Dickinson School of Law of The Pennsylvania State University An Equal Opportunity University "-'C,--,,,,_ rn I"~__ n,' >., _ e, ,_,~ ""~"''''''''''--- >, " '.' _ '.f - - .,t;'" O~~ FAMILY LAW CLINIC A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale f. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243.2968 Fax: (717) 243-3639 July 22, 2004 Dean A. Bowers 88 Taber Road Newburg, P A 17240 t~f'1f RE: Bowers v. Bowers Divorce Dear Mr. Bowers: In order to develop a Marital Settlement Agreement and provide you with the necessary paperwork to complete the transfer of $1 0,000 from you to Mrs. Bowers that we agreed upon at the conference on July 14, 2004, I need specific information from you plan administrator, Mr. David Rotz. I have spoken to Mr. Rotz repeatedly this week and I am currently awaiting the necessary paperwork from him and Wachovia. I hope to receive that paperwork soon. As soon as I receive it, I will finish drafting the Marital Settlement Agreement and send everything to you for your review and signature. Please note that this office only represents Mrs. Bowers in this matter. We cannot give you any legal advice other than to consult with your attorney. We urge you to do so. Sinc~ I'W"~ Abigail J.W. Salawage Certified Legal Intern cc: E. Robert Elicker, II, Divorce Master Peggy A. Bowers PENN STATE " The Dickinson School of Law An Equal Opportunity University ':,:i;;I>~~,*4'~~m~", ,~,- - "':-- , ~, . "' - , , ., - . PEGGY A. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF ....~ : CUMBERLAND COUNTY, PENNSYL V ANl~.! v. : CNIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBUTION DEAN A. BOWERS, Defendant : NO. 01-6886 CNIL TERM. .. QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the above-referenced divorce action is pending in this Court pursuant to the Pennsylvauia Divorce Code, 23 Pa. Cons. Stat. 9 9 3101 et. seq., between Dean A. Bowers, hereinafter referred to as the "Participant," and Peggy A. Souders, formerly Peggy A. Bowers, hereinafter referred to as the "Alternate Payee"; WHEREAS, the Participant's current and last known mailing address is 88 Taber Road, Newville, Peunsylvauia, 17241, and his date of birth is January 9,1962; WHEREAS, the Alternate Payee's current and last known mailing address is 10 Peunsylvania Avenue, Apt. 1, Newville, P A 17241; WHEREAS, the Participant is employed by Valley Quarries and is a participant in the Valley Quarries Profit Sharing Plan, hereinafter referred to as the "Plan" and the Plan to which this Domestic Relations Order applies is a Retirement Savings Plan, and any successor or transferee of the Plan, including any plan into which the Plan is merged or consolidated, whether or not terminated; WHEREAS, the Plan Administrator is David Rotz; :j' WHEREAS, the Participant and the Alternate Payee have agreed to the division of marital property, which agreement provides for the entry of a Qualified Domestic Relations Order pursuant to Section 414(P) of the Internal Revenue Code, as amended, to provide for the division and disposition of a portion of the Participant's benefits under the Plan and to grant to the Alternate Payee rights to such benefits in such amount and on the terms and conditions prescribed in this Order and in the Plan; and WHEREAS, this assignment of benefits does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan as determined under Section 414(P) of the Internal Revenue Code; this assignment does not require the Plan to provide increased benefits (determined on the basis of actuarial value); and this assignment does not require the Plan to provide benefits to the ^." '2"'~t'T:'J!".~' f_~'_; ;~;::-":}:~;:-\'~",:",'~:_:r:~)~:~", '<~',~r'-'r,r; ~f-',-~"'" ~,"" -"~'-""-ii';" , ,,-' '0 ;-_': " " ~ -,'- - ,;'-., ~i- - ~.--~-^ - , " ... " Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. It is therefore, ORDERED, ADJUDGED, and DECREED as follows: 1. Amount of Benefits. The Alternate Payee is awarded ten thousand ($10,000.00) dollars from the Participant's accrued benefit under the Plan. 2. Time and Manner of Payment. Immediately upon approval by the Plan Administrator of the qualified status of this Order, the amount referenced in Section 1 herem shall be paid to Alternate Payee directly in one lump sum. 3. Liability for Income Taxes. The Alternate Payee shall be solely responsible for, and bear the burden of, all federal, state and local income taxes, if any, due and payable with respect to her distribution, and the Alternate Payee shall exonerate, indemnify and hold harmless the Participant from any resulting liabilities, including, but not limited to, any federal, state and local income taxes, penalties, fines interest and/or taxes of any nature. 4. Alternate Payee as Surviving Spouse. Until the Alternate Payee receives her distribution, she shall be treated under the Plan as the surviving spouse of the Participant only to the extent of the amount set forth in Section 1 herein. The Participant shall make no election inconsistent with this Order concerning benefits provided to the Alternate Payee under this Order and the Plan Administrator shall not recognize any election or beneficiary designation by the Participant inconsistent herewith. The death benefit payable to the Alternate Payee as the Participant's surviving spouse upon Participant's death, if any, shall be payable only to the extent of the Alternate Payee's entitlement to benefits as provided in Section 1 herein. The Plan Administrator shall not take any action which will cause any amount due to the Alternate Payee or her beneficiary to be paid to any other person or entity under any circumstances. 5. Participant as Guarantor. To the extent ofthe dollar amoUnt due Alternate Payee pursuant to this Order, the Participant shall be the guarantor of all representations, warranties and obligations recited in this Order, and he shall be personally liable to the Alternate Payee for any deficiency or adverse consequence '-'ip.1J!!-~__, -""-t)_-:"""",''--''.-i-/~-'',_-,._~~"~_",,,-',~~"',<-'_:'~r-~',_~"':-' ";",0__':;"_' "" ',c<'_' "__'<_~"O_"__ -,"""'-', .'" ~. _ _~", _____r_'"'__'__ ,. '-I' t ". , .~ ' ~ -- , . that may arise out of the failure of any representation or warranty to be true and correct in all material respects or the failure, for any reason, of the Plan Administrator to carry out the terms of this Order. WHEREFORE, it is intended that this Order shall qualify as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974 and Section 414(P) of the Internal Revenue Code, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or to maintain its status as a Qualified Domestic Relations Order. SO :;LATED: . 'AlA ~~J1.9.-/ Dean A. Bowers, Participant Peggy . ouders, formerly Peggy A. Bowers, Alternate Payee Date: / ~ ,-' q - (J)i ~J Abigail .W. Sa wage, Certifi Legal Intern RO~a~MJaYIL- THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys Date: FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Attorneys for Plaintiff/Alternate Payee Date: IZ-q-otj ~ _, 2004, this AND NOW, this , ~ ~ day of Stipulation is hereby approved as ORDER of this Court. all the terms and conditions of the Stipulation. 'rected to comply with 1. ;', "-"'--"'J~~>::f!":^,;,,:Tf-1':~:, J'l'0, .:f~__-_-;<;":~'-':'r;',,_. c: '"-;'~r'M'-,'~" 0<- ';:".-_ ~'_"- '",,'" ,'" ,,,.,, ,'''>. .i,~,,_-', ",-",,-",- _ -,0:<- ~''''_'_ '. ----n ~-'-' ~ " ;~"''''''-';: , . '- ,:' ,- - - - ~ -'~~!ll~~~"'"'-':""';'~ '\ '. ; --- - .!1.,~l!1 !1!nL~ -'"~'lt~~ili~~~!tl' ..~*' ",""'_'''',K_~_~~,_,", ~'''''"C_~" _ _ ~, _ .." . , _c_ ~__;". "'a - -, -~, -"-u--" '::Cd"'-"_"""'""'" 20011 GEe t nJ f\H 10: 29 Cl-,~;\';i~~: ;, ~ ". . " -;" -;"C,<,~ fJ .-J ' ~ '1 j r....'..".'f : ~ L; \ " '1 J J 1-J~ -' fI'"""W '''--'I~' ., " ... PENNSTATE ~ The Dickinson ~ School of Law Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Office: 717-243-2968 or 717-243-8034 Fax: 717-243-3639 December 9, 2004 The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Bowers v. Bowers No. 01-6886 In Divorce, Equitable Distribution Dear Judge Guido: Enclosed please find a Qualified Domestic Relations Order for the above referenced matter. The parties agreed to this order and executed it today at the Divorce Master's office. Please sign the order approving the stipulation so that the Qualified Domestic Relations Order can be approved by the Pension Plan Administrator. Sincerely, ~,~~ Certified Legal Intern Enclosure cc: Peggy Souders Dean Bowers The Dickinson School of Law of The Pennsylvania State University An Equal Opportunity University ;i'>;7 '."' , e~~,"", "! ,,'~',"_J_ - ..""-'] C"~.' "~'!'" . ,r "P,-::-,-"' ., J_ .~.' _ _ --'~.'. ~ PEGGY A. BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 6886 CIVIL DEAN A. BOWERS, Defendant IN DIVORCE AND NOW, this ORDER OF COURT /8 fA- day of ), ~ 2005, the parties and counsel having resolved at the hearing scheduled for December 9, 2004, the distribution of the pension of husband pursuant to a Qualified Domestic Relations Order, which was finalized by Court order on December 13, 2004, and wife having received her distribution pursuant to said order, all matters, therefore, are resolved between the parties and the appointment of the Master is vacated. BY THE COURT, cc: ~milY Law Clinic Attorney for Plaintiff ~an A. Bowers , I Defendant \I '<{f J!.)::r:". 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