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HomeMy WebLinkAbout99-05127iPF}ll r y? rtI? a 0 m a k I „rv i Lv L .. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF M? PENNA. MARK BOWEN, +%.,. Plaintiff VERSUS KATHI SUE BOWEN, Defendant No. 99-5127 CIVIL TERM IN DIVORCE DECREE IN DIVORCE AND NOW, _??, 3? 200, IT IS ORDERED AND DECREED THAT NARK BOWEN AND KATHI SUE BOWEN ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OFTHE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Property Settlement and Separation Agreement are incorporated but not merged into this Decree in Divorce. BY THE COURT: ATT T: J. PROTHONOTARY ai ? C S C 2 LLvT G? i(C /W! • r I MARK BOWEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - DIVORCE KATHI SUE BOWEN, : NO. 99- 5127 CIVIL TERM Defendant : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this day of 2002, BETWEEN MARK W. BOWEN, of 126 Wyndham Way, Harrisburg, PA 17109, hereinafter referred to as Husband, AND KATHI SUE BOWEN, of 337 Old i Stonehouse Road, Boiling Spring, Cumberland County, Pennsylvania 17007, I hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on July 1, 1977 in Mechanicsburg, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Number 99-5127, Civil Term; and I R.3: The parties hereto desire to settle fully and finally their respective SHUFP FLLOWER financial and property rights and obligations including, but not limited, of all matters & LINDSAY Armwlers V. W between them relating to the ownership of real and personal property, claims for 26 W. High Street Grlble. PA spousal support, alimony, alimony pendente lite; and R.4: The parties arrived at the Agreement incorporated into this Property i Settlement and Separation Agreement by a process of mediation with Wendy A. Shumaker, M.S., 101 Front Street, Suite 313, Boiling Springs, Pennsylvania. During the process of negotiations, the parties provided each to the other full and fair disclosure. This Property Settlement and Separation Agreement represents their agreement after valuing assets and providing each to the other certain credits and allowances. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each parry, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times SAIDIS FR FLOWER 26 W. High Street Carlisle. PA hereafter to live separate and apart from the other parry at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary 2 i to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain re l a estate with improvements thereon erected and known and numbered as 337 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania. Husband, within 30 days shall convey said real estate to Wife by special warranty deed. Said deed shall be held in escrow by Husband's attorney such time as the affidavits of consent referenced in the paragraph above have been executed and filed by Wife and the property refinanced as set out below. Wife shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Wife hereby shall hold Husband harmless and indemnify Husband from any loss thereon. Wife shall refinance said mortgage obligation within 45 days of the date of this agreement at which time the escrowed deed shall be released to her. The parties are owners of three time-share weeks at two recreational properties in Virginia. Husband will retain the Powhatten time-share at Powhatten Plantation, Virginia, and Wife will execute any and all documents necessary to transfer her interest in that time-share to Husband. Husband will, after the date of this Agreement, be solely responsible for the maintenance costs and fees associated SAIDIS with the Powhatten Plantation time-share. SHUFF FLOWER & LINDSAY Wife will retain ownership of two separately deeded weeks at 26 W. High Street Carlisle. PA Massanutten time-share in Harrisonburg, Virginia, and Husband will sign any and all documents required to transfer his interest in the two Massanutten time-shares to 3 Wife. Wife will, as of the date of this Agreement, be solely responsible for the payment of all fees and costs associated with the Massanutten time-share, and shall indemnify and hold Husband harmless on account of any such charges. The parties are owners of four cemetery plots in Rolling Green Cemetery at 1811 Carlisle Road, Camp Hill, Pennsylvania. The parties will equally divide their interest so that each party retains two plots, and they will equally share the costs of the transfer of the two plots. The parties agree that they will equally share the costs incurred to effect the transfer of the real estate as set out in this section. Those costs shall include Deed preparation, recording fees, and the preparation of any other documents. Counsel for Wife shall prepare the Deeds necessary to transfer the time- share interests in the Massanutten time-shares and the marital home. Counsel for Husband shall prepare the Deed for the Powhatten time-share. (4) DEBT: A. MARTIAL DEBT: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. SAIDIS B. Post Separation Debt: In the event that either party contracted or HUFF, FLOWER r µINDSAW incurred any debt since the date of separation on April 8, 1999, the party who 26 W. High Strm ar11310, PA incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. 4 C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband will retain the 1992 Saturn, and Wife will retain the 1992 Dodge Caravan. It is acknowledged that the overall distribution herain provided has I given credit and consideration to Husband for his payment of $1,750.00 that he made i to the Postmark Federal Credit Union to pay off the balance of the lien on the Saturn. I j i (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually SAIDIS agree that they have effected a satisfactory division of the furniture, household SHUFB FLOWER yAT1CNHYSAT9AW ? & LINDSAY furnishings, appliances, tools and other household personal property between them, !- 26 W. High street aeu,ie. PA and they mutually agree that each parry shall from-and after the date hereof be the sole and separate owner of all such property presently in his or her possession 5 whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: The parties are owners of certain investments, retirement benefits, and life insurance policies as more specifically set out on Exhibits "A" and "B" attached hereto. Husband will retain those assets listed on Exhibit "A" as being his sole her sole and separate property. and separate property, and Wife will retain those assets listed on Exhibit "B" as being In the event that there are any costs associated with the division of the intangible personal property referenced on Exhibits "A" and "B", the parties will equally share the costs. The parties have accumulated 105,300 air miles which they will equally divide. Husband shall prepare the application for the division of the air miles within ten (10) days of the date of this Agreement. Within 30 days of the date of this Agreement, Husband will pay to Wife SAIDIS CSHM, FLOWER & LINDSAY Anouvm?er.uw 26 W. High Simi Cartlele. PA $11.46 which represents the difference between Wife's debt to Husband for one-half the cost of an appraisal ($225.00) and Husband's obligation to Wife of $236.46 to equalize distribution. (8) HEALTH INSURANCE: The parties' daughter, Brianne Bowen, is attending college, Husband shall maintain her on his family health insurance available 6 through his employer so long as his employer permits him to do so. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire, and Wife is represented by Diane Radcliff, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. I (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party SAIDIS I any and all further instruments that may be reasonably required to give full force and 4W, FLOWER &e LINDSAY effect to the provisions of this Agreement. 26 W. High Street Carlisle. PA (12) INCOME TAX: - A: The parties have heretofore filed joint Federal and State Tax 7 returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties agree to join in the filling of the 2001 joint federal and SAIDIS 'FS FLOWER 26 W. High Street Carlisle, PA Pennsylvania income tax returns. The parties will egee#4y share any ``efund received ylu 5awte avvp)vtii.vt ns*L4 iatErttl it.??lilIIMfQv? from their joint filing, For tax year ending on December 31, 2002, and thereafter, the parties will file individual tax returns. v nd Ida j CPA 2CCI W'a5 t, 4 l;6Nh ct c (13) BANKRUPTCY: The partshereby agree that the of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and l a is familiar with, the wealth, real and personal Property, estate and assets, earnings j and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and their respective incomes. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no it compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between i the parties hereto that each party accepts the provisions herein made in lieu of and in SAIDIS full settlement and satisfaction of any and all of said SHUF$ FLOWER party 's rights against the other for & LINDSAY past, present and future claims on account of support, maintenance, alimony, alimony 26 W. Hl6h Street Carlisle, PA pendente lite, counsel fees, costs and expenses' equitable distribution of marital property and any other claims of the party, including all claims which have been 9 raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following; A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether. now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and j SAIDIS ;HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; ?r H. All rights, claims, demands, liabilities and obligations arising 10 under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) 13REACH: In the event that either party breaches any provision of this SAIDIS FE FLOWER 26 W. High Stmt Grible. PA Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire ii understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound SAIDIS SHM, FLOWER & LINDSAY ATTOIINlY9•?TNAW 26 W. High Street Grltrle. PA have hereunto set their hands and seals the day and year first written above. WITNESS: - ZG?\ i ? J Mark Bowe6, Husband K Kathi Sue Bowen, Wife 12 EXHIBIT "A" PROPERTY RETAINED BY HUSBAND STRATEGY AGGRESS -A ACCOUNT #0000 0043 8364 1578 6 002 INTERNATIONAL FUND -A ACCOUNT #0000 0012 8364 1578 1 002 AMERICAN EXPRESS NEW DIMENSION FUND ACCT. # 0000 0020 6364 1578 6 002 JOHN HANCOCK (EMERGING GROWTH B) ACCT. # 160-6000086975 THRIFT SAVINGS PLAN PENSION AMERICAN EXPRESS NEW DIMENSION A FUND ACCT. # 0000 0015 4364 1578 8 002 FERS PENSION $ 4,730.39 $ 7,300.59 $ 1,745.89 $ 9,460.73 $31,982.00 $39,939.00 $ 3,741.94 $ 699.00 ExHIBIr PROPERTY RETAINED BY WIFE NEW DIMENSIONS FUND A ACCOUNT #0000 0010 6364 1578 7 002 GROWTH FUND-A ACCT. # 0000 0011 9364 1578 2 002 AMERICAN EXPRESS OPPORTU-A FUND ACCT. # 0000 0010 2364 1578 1 002 JOHN HANCOCK (EMERGING GROWTH B) ACCT. # 160-6000077351 $ 3,796.24 $ 10,826.93 $ 2,941.79 $ 9,080.95 MARK BOWEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - DIVORCE NO. 99- 5127 CIVIL TERM KATHI SUE BOWEN, Defendant : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this _ h day of 2002, BETWEEN MARK W. BOWEN, of 126 Wyndham Way, Harrisburg, PA 17109, hereinafter referred to as Husband, AND KATHI SUE BOWEN, of 337 Old Stonehouse Road, Boiling Spring, Cumberland County, Pennsylvania 17007, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on July 1, 1977 in Mechanicsburg, Pennsylvania; and R•2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Number 99-5127, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective SAIDIS CUFF, FLOWER & LINDSAY ?rrotwtvs•Ar•uw 26 W. High Street Carlisle. PA financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite; and R.4: The parties arrived at the Agreement incorporated into this Property > Settlement and Separation Agreement by a process of mediation with Wendy A. Shumaker, M.S., 101 Front Street, Suite 313, Boiling Springs, Pennsylvania, During the process of negotiations, the parties provided each to the other full and fair disclosure. This Property Settlement and Separation Agreement represents their agreement after valuing assets and providing each to the other certain credits and allowances. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times SAIDIS iUFR, FLOWER & LINDSAY WIGISM•ANAW 26 W. High Street Carlisle, PA hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: ' The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary 2 to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 337 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania. Husband, within 30 days shall convey said real estate to Wife by special warranty deed. Said deed shall be held in escrow by Husband's attorney such time as the affidavits of consent referenced in the paragraph above have been executed and filed by Wife and the property refinanced as set out below. Wife shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Wife hereby shall hold Husband harmless and indemnify Husband from any loss thereon. Wife shall refinance said mortgage obligation within 45 days of the date of this agreement at which time the escrowed deed shall be released to her. The parties are owners of three time-share weeks at two recreational SAIDIS WYE FLOWER & LINDSAY MORN MAr•uW 26 W. High Street Carlisle. PA properties in Virginia. Husband will retain the Powhatten time-share at Powhatten Plantation, Virginia, and Wife will execute any and all documents necessary to transfer her interest in that time-share to Husband. Husband will, after the date of this Agreement, be solely responsible for the maintenance costs and fees associated with the Powhatten Plantafion time-share. Wife will retain ownership of two separately deeded weeks at Massanutten time-share in Harrisonburg, Virginia, and Husband will sign any and all documents required to transfer his interest in the two Massanutten time-shares to 3 Wife. Wife will, as of the date of this Agreement, be solely responsible for the payment of all fees and costs associated with the Massanutten time-share, and shall indemnify and hold Husband harmless on account of any such charges. The parties are owners of four cemetery plots in Rolling Green Cemetery at 1811 Carlisle Road, Camp Hill, Pennsylvania. The parties will equally divide their interest so that each party retains two plots, and they will equally share the costs of the transfer of the two plots. The parties agree that they will equally share the costs incurred to effect the transfer of the real estate as set out in this section. Those costs shall include Deed preparation, recording fees, and the preparation of any other documents. Counsel for Wife shall prepare the Deeds necessary to transfer the time- share interests in the Massanutten time-shares and the marital home. Counsel for Husband shall prepare the Doed for the Powhatten time-share. (4) DEBT: A. MARTIAL DEBT: Husband and Wife acknowledge and agree that SAIDIS 3UFF, FLOWER ' & LINDSAY ??+aaaes•Ar•uw 26 W. Nish sues Carlisle, PA there are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. B. Post Separotlon Debt: In the event that either party contracted or incurred any debt since the date of separation on April 8, 1999, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. 4 C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other parry or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other parry (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband will retain the 1992 Saturn, and Wife will retain the 1992 Dodge Caravan. It is acknowledged that the overall distribution herein provided has given credit and consideration to Husband for his payment of $1,750.00 that he made to the Postmark Federal Credit Union to pay off the balance of the lien on the Saturn. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually SAIDIS MR, FLOWER & LINDSAY t*raners•Ar•uw i6 W. Nigh Street WINN, PA agree that they have efftscted a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each parry shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession 5 whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: The parties are owners of certain investments, retirement benefits, and life insurance policies as more specifically set out on Exhibits "A" and "B" attached hereto. Husband will retain those assets listed on Exhibit "A" as being his sole and separate property, and Wife will retain those assets listed on Exhibit "B" as being her sole and separate property. In the event that there are any costs associated with the division of the intangible personal property referenced on Exhibits "A" and "B", the parties will equally share the costs. The parties have accumulated 105,300 air miles which they will equally divide. Husband shall prepare the application for the division of the air miles within ten (10) days of the date of this Agreement. Within 30 days of the date of this Agreement, Husband will pay to Wife SAIDIS HUFF, FLOWER & LINDSAY 26 W. High Street CariWle, PA $11.46 which represents the difference between Wife's debt to Husband for one-half the cost of an appraisal ($225.00) and Husband's obligation to Wife of $236.46 to equalize distribution. (8) HEALTH INSURANCE: The parties' daughter, Brianne Bowen, is attending college, Husband shall maintain heron his family health insurance available 6 through his employer so long as his employer permits him to do so. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire, and Wife is represented by Diane Radcliff, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to SAIDIS 1UFF, FLOWER & LINDSAY +rrMMI-AT•LAW 26 W. High Street Carlisle, PA time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties agree to join in the filling of the 2001 joint federal and Pennsylvania income tax returns. The parties will equ* shareany refund received W1 '.(/e saw,t PLC yC-yk'r J Li,i `!,GU "'t, i i-4,e t7cy U.?t??l ??L from their joint filings For tax year ending on December 31, 2002, and therepftehe Sol ? vL?LC?i G L c% parties will file individual tax returns. 6 l iZ'1 W':t 7 t7 +W- ?-0171031iv ?? (13) BANKRUPTCY: The parties hereby agree that the provib`io?ns ohisLtzr Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and SAIDIS all other rights determined by this Agreement including alimony shall be subject to R f, FLOWER & LINDSAY court determination the same as if this Agreement had never been entered into. Inntt?vs•Ar•uw :L W. High Street Carlisle, PA (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and 8 is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and their respective incomes. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party SAIDIS 3UFF FLOWER & LINDSAY u'+uu¢ts•nT•uw 16 W. High Street Carlisle. PA hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been 9 raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement. Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether SAIDIS TUFF. FLOWER & LINDSAY 227 RMI ATLAW 26 W. High Street Carlisle, PA now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising 10 under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. Ali rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this SAIDIS IUFR FLOWER & LINDSAY 117nOEY3•AT•NW 16 W. High street Carlisle, PA Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire 11 understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound SAIDIS TUFF FLOWER & LINDSAY HTORKMAT•LAW 26 W. High Street Grlhle. PA have hereunto set their hands and seals the day and year first written above. WITNESS: ` I Mark Bowen; usband Kathi Sue Bowen, Wife 12 EXHIBIT "A" PROPERTY RETAINED BY HUSBAND STRATEGY AGGRESS- A ACCOUNT #00000043 8364 1578 6 002 $ 4,730.39 INTERNATIONAL FUND -A ACCOUNT #0000 0012 8364 1578 1 002 $ 7,300.59 AMERICAN EXPRESS NEW DIMENSION FUND ACCT. # 0000 0020 6364 1578 6 002 $ 1,745.89 JOHN HANCOCK (EMERGING GROWTH B) ACCT. # 160-6000086975 $ 9,460.73 THRIFT SAVINGS PLAN $31,982.00 PENSION $39,939.00 AMERICAN EXPRESS NEW DIMENSION A FUND ACCT. # 0000 0015 4364 1578 8 002 $ 3,741.94 FERS PENSION $ 699.00 EXHIBIT "B" PROPERTY RETAINED BY WIFE NEW DIMENSIONS FUND A ACCOUNT #0000 0010 6364 1578 7 002 GROWTH FUND-A ACCT. #0000 0011 9364 15782 002 AMERICAN EXPRESS OPPORTU-A FUND ACCT. # 0000 0010 2364 1578 1 002 JOHN HANCOCK (EMERGING GROWTH B) ACCT. # 160-6000077351 $ 3,796.24 $ 10,826.93 $ 2,941.79 $ 9,080.95 $,, .I v .t> L' Ca l.) MARK BOWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 5127 CIVIL TERM KATHI SUE BOWEN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 23, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information 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. i^ , Mark Bowen, Plaintiff Date: 5 Z d ZGC' Z_ SAIDIS SHUFF, FLOWER & LINDSAY ATrOMYS-AT•LAW dG W. High Street Carlisle. PA M ? r. 0 7 r - r. r- 1 rn J,. T 1. 7 ° O rV CD :3 U franciscus proof of service September 8,•1999 MARK BOWEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. KATHI SUE BOWEN, CIVIL ACTION - DIVORCE NO. 99- 5127 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE AND now, this day of, 1999, I, CAROL J. LINDSAY, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, Kathi Sue Bowen, on September 7, 1999 with the Complaint in Divorce by Certified Mail, Return Receipt Requested, Restricted Delivery, Addressee Only, addressed to: Kathi Sue Bowen 337 Old Stone House Road Boiling Springs, PA 17007 and proof thereof, the signed Return Receipt Card, is attached hereto. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By v Carol J. Lin say, Esquire ID # 4469 11 East High Street Carlisle, PA 17013 (717) 243-5513 - ,;_ <_: i ?: ? -? ? ?; , . , v. M1 ,' , ?' i;? ?; franciscus proof of service September 8, 1999 MARK BOWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 5127 CIVIL TERM KATHI SUE BOWEN, Defendant IN DIVORCE PROOF OF SERVICE Ime 1 w4for s for eddlorW wvbm. Imr 3, 4e, Yid 4b. we erd ddms weNm of INe form w dw we cm riew force to the bore d ar mrllpiwe, "w IM book d space does not m Reoslpf Repuesled'on dr mWpNa bsbw tlh srtkN mxrd du le ? f4afpl •1e afawto wlpm ar erode wee aeYwred and dtl t also wish to receive the following services (for an We extra fee): 1. O Addressee's Addraw ReeYktyl e? ry ps.;, S .L eti tE4xprm b-br1 ptd -? %=Ck [13 k m.% Spc:?SS , QA 1-i0o-1 GASlignahim. PS,Fgrfn W! 1, Decwnber 1994 rozsassr-sane / GGI, ? 3 0 CersMd O baud Wrr6t wlweO Coop -v F omest c etum FEW z oy ;:,:; ?:. =? '?? ?.? '. i<<? J u;L ?9 n .J n U ,j. } tt 'lv` -'r ,a?-• ?? ,,,,. MARK BOWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION • DIVORCE NO. 99• 5127 CIVIL TERM KATHI SUE BOWEN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 !elating to unsworn falsification to authorities. ? Date: t xe) to =-- SAIDIS SHUFF, FLOWER & LINDSAY ATWENEYS-AT•IAW 26 W. High Street .<.r! Carlisle, PA ti cv J -- J ? S- ? 7 Ol0-, IU N G U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK BOWEN Plaintiff No. 99-5127 V. KATHI SUE BOWEN Civil Action - Law Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 11, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 5 70 oz KpcKC. 3&,,-w KATHI SUE BOWEN ti L J C 7 2 ` 22 V CD U I . I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. i understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: s :U OZ ? c KATHI SUE BOWEN w <? N j _S ?, ri ! FL - x_ -ij = OW O o U .l. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK BOWEN Plaintiff V. NO. 99-5127 KATHI SUE BOWEN : CIVIL ACTION - LAW Defendant DIVORCE PR,AECIPE FOR ENTRY_ F APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, Kathi Sue Bowen in the above captioned matter. Respectfully submitted, DIANE G. IbNWLIFN ESQUIR? 3448 Trindle Roa Camp Hill, PA 17011 PHONE: (717) 737-0100 Fax: (717) 975-0697 Voice Mail: (717) 558-5518 I.D. No. 32112 Attorney for Defendant DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-01(X) c}dr p N H UJ r `. r?= r- C a:J LLii:.. o: v m U ? MARK BOWEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION -DIVORCE NO. 99- 5127 CIVIL TERM KATHI SUE BOWEN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 3301(d)(I) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified mail; Return Receipt. Delivered to Defendant, Kathi Sue Bowen, September 7, 1999 and Proof of Service filed September 9,1999. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: May 30, 2002 by the Defendant: May 20, 2002 (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: _ 4. Related claims pending: None 5. Complete either (a) or (b). (a) (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: June 2002 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: June r 'Y? ?. ;. C Li_i ?.._. 1 t? _ )' ? 1 '.J -. f G:) 1. ?. ? _, _ L1 i(l, I i ?? ) --• u ?- T .-? ,,?( / `? ? ?2 .? ,.J\? w u ` 1 ? ? .N _, V ` ? V' ?? \? ?'? ?, U lq \ 3 ? o ?' ? a° r? ` = a r ? ? ?dF? Z 2 °° a a a?? A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK BOWEN Plaintiff V. : NO. 99-5127 KATHI SUE BOWEN : CIVIL ACTION - LAW Defendant : DIVORCE 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 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717) 737-0100 FAX (717) 975-0697 ID F 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE G. RADCLIFF 3448 TRINDLF. ROAD CAMP HILL, PA 17011 PHONE (717) 737-0100 FAX (717) 975.0697 ID # 32112 MARK BOWEN Plaintiff V. KATHI SUE BOWEN Defendant NO. 99-5127 CIVIL ACTION - LAW DIVORCE AND NOW, this '771-- day of ?X iJ 1999, comes the Defendant, Kathi Sue Bowen, by her attorney, Diane G. Radcliff, Esquire, and files the above-referenced pleadings as follows: )IVORC: COUNT I. 1. Admitted. It is admitted that the Plaintiff is mark Bowen, an adult individual who previously resided at 1515 Orrs Bridge Road, Apt. 2B, Enola, Cumberland County, Pennsylvania abut who now resides at Wyndham Way, Harrisburg. 2. Admitted. It is admitted that the Defendant is Kathi Sue Bowen, an adult individual who currently resides at 337 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Admitted. It is admitted that the Plaintiff and Defendant both have been a bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of the Complaint. 4. Admitted. It is admitted that the Plaintiff and Defendant were married on July 1, 1977, at Mechanicsburg, Cumberland County, Pennsylvania. -2- 5. Admitted. It is admitted that there have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Admitted. It is admitted that the parties' marriage is irretrievably broken. 7. Admitted. It is admitted that the Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in said counseling. It is further averred that the Defendant has been advised that counseling is available and that the Defendant may have a right to request that the Court require the parties to participate in said counseling. WHEREFORE, Defendant requests this Honorable Court to grant Plaintiff's request for the entry of a decree in divorce upon resolution of any economic issues herein or heretofore raised by either party. DIANE G. RADCLIFF 3418 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717) 737-0100 FAX (717) 973-0697 ID M 32112 COUNTERCLAIM COUNT I& DIVORCE 8. The Defendant incorporates by references the Answers set forth in Paragraphs 1-7 herein the same as if said Answers were set forth at length. 9. This action is not collusive. 10. The Defendant avers that the grounds on which the action and her claim for divorce is based are: a. That Plaintiff has offered such indignities to the person of the Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. Or in the alternative, -3- b. That the marriage is irretrievably broken. WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. i DIANE G. RADCLIFF 3438 TRINDLE ROAD j CAMP HILL. PA 17011 PHONE (717) 737-0100 FAX (717) 975-0697 ID N 32112 C'QTTRM' TT: EQTTT RT.F. nTRTATRTTTTAN 11. The Defendant incorporates by reference the averments set forth in Paragraphs 1-10 herein as fully as though the same were set forth at length. 12. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from July 1, 1977 until present, all of which is "marital property". 13. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property and debts of the parties. TTT: A .TMONY PND .NT . •r TTMON" COUNT 15. The Defendant incorporates by reference the averments set forth in Paragraphs 1-14 herein as fully as though the same were set forth at length. 16. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. -4- 17. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV @ O ByTC F RS 18. The Defendant incorporates by reference the averments set forth in Paragraphs 1-17 herein as fully as though the same were set forth at length. 19. Defendant has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. The Defendant is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, l ? 48 Trind e Road PA 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant DIANE G. RADCLIFF 3418 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717) 737-0100 FAX (717) 975.0697 1D # 32112 5- VERIFICATION KATHI SUE BOWEN, Defendant verifies that the statements made in this Answer and Counterclaim to Divorce Complaint are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ) ,Jz ? KATHI SUE BOWEN DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE (717) 737-01(1) FAX (717) 975-0697 ID#32112 -6- CERTTFTCATE OF aERVTCE AND NOW, this _?-A- day of 04.1998, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within ANSWER AND COUNTERCLAIM TO THE DIVORCE COMPLAINT upon the Plaintiff's attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 11 East High Street Carlisle, PA 17013 Respec?tfully submitted, ? estt rindl Road m Hi A 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Defendant DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -7- MARK BOWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- ,S'ja -/ CIVIL TERM KATHI SUE BOWEN, Defendant IN DIVORCE NOTICE 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249.3166 By: High tract Carlisle, PA 17013 Date: (7171 243-5513 ? FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff Carol J. Linds s ?ID f! 44693 11 East Hi h bowen divorce complaint August 23, 1999 MARK BOWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 - s,/.2 7 CIVIL TERM KATHI SUE BOWEN, Defendant IN DIVORCE COMPLAINT IN Df QRCE MARK BOWEN, Plaintiff, by his attorneys, FLOWER, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Mark Bowen, who currently resides at 1515 Orrs Bridge Road, Apt. 2B, Enola, Cumberland County, Pennsylvania, where he has resided since April 15, 1999. 2. The Defendant is Kathi Sue Bowen, who currently resides at 337 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania, where she has resided since 1987. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 1, 1977, at Mechanicsburg, Cumberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. bowen divorce complaint August 23, 1999 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: 41, ? -?-:b It 11 East High Street Carlisle, PA 17013 (717) 243-5513 FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff bowen divorce complaint June 16, 1999 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Mark Bowen Date: Z ?_ Er tL) lll^ .A ?: ... t' uu. cn a, i v