HomeMy WebLinkAbout99-05404
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IN THE COURT OF COMMON PLEAS °
OF CUMBERLAND COUNTY
STATE OF PENNA.
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KAREN BOWSER 99-?9i 5H0? Ic)
Plaintiff
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MICHAEL BOWSER
Defendant
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i
DE CRE E IN g
DI VO R CE I?
. 1.
AND NOW, .. .. .. '. ....r............. , . zooo. , it is ordered and '
decreed that .... Karen. Bowser.. , • , , . , • • . . . .... .... ........... . Plaintiff,
i
and .............. Michael. Bowser.................. ............ defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
None.
been entered;
IT IS FURTHER ORDERED that the terms, conditions and covenants set forth in the
Divorce- Settlement- Agreement made- and- entered- -into •hyt -he -parties •on -January 28,
.to . but not mereged into
2000 t?are incorporated into this Decree by reference. there .
t[lis' n0(•rPP. ... .. . ............. .... / .
By, T heJ V"t /
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Attest: J.
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r ry,. rte. .,
Prothonotary A
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J LAW OFFICES ?1 au3r.W,.
.M?rYet Striae JOHNSON, DUFFIE, STEWART & WEIDNER , . ): Box 109 FEB 1 ZOQ?
to>t4y Pemuylvanix 17043,0109 UJ2 hone (7?h7t! 7 ±
copy
DIVORCE. SE.7T M NT ACREEA"'E yT
THIS DIVORCE SETTLEMENT AGREEMENT, made this ?lny of la?a 2000, by
and between MICHAEL LEE BOWSER, of Mechanicsburg, Cumberland County, Pennsylvania hereinafter called
"Husband"), and KAREN LYNN BOWSER, of Camp Hill, Cumberland County, Pennsylvania (hereinafter called
"Wife,,).
WITNESSETH.
WHEREAS, Husband and Wife were lawfully married on May 19, 1984, in New Cumberland, Pennsylvania;
and
WHEREAS, two children have been born of this marriage, Justin M. Bowser on October 1, 1986, and Ashtyn
D. Bowser on July 26, 1989; and
WHEREAS, differences have arisen between Husband and Wife the consequence of which they intend to live
separate and apart from each other; and
WHEREAS, Wife instituted an action in divorce with a count for custody and pursuant thereto the parties
signed a stipulation for custody, adopted as an Order of Court by the I Ionorable Kevin A. Hess. A true and correct
copy is attached hereto and incorporated herein as Exhibit "A"; and
WHEREAS, die parties hereto have signed an Agreement whereby Wife transferred her interest in the marital
home located at 113 Ewe Road, Mechanicshurg, Pennsylvania to Husband in exchange for Husband's payment of Sixty
Thousand ($60,000) Dollars and thereby eliminating these assets from the marital estate. A true and correct copy of
said Agreement is attached hereto and incorporated herein as Exhibit "B"; and
WHEREAS, pursuant to the aforementioned Agreement, the parties executed and recorded a Deed whereby
Wife transferred her interest in the home located at 113 Ewe Road, Mechanicsburg, Pennsylvania to Husband. A true
and correct copy of said Deed is attached hereto and incorporated herein as Exhibit "C"; and
WHEREAS, Husband and Wife desire to settle and determine their remaining property rights and obligations
growing out of their marital relationship; and
WHEREAS, the parties desire to confirm their understanding in writing.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:
Sgpamrlan. The parties hereto shortly after the signing of this Agreement shall live separate and apart
and will not cohabitate with each other. It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such a place or places as he or she may from time to time choose or deem fit.
2. /nre erence. From the date of signing this Agreement, each party shall be free from interference,
authority and control of the other, as fully as if he or she were single or unmarried, except as may be necessary to carry
out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or compel
the other to cohabitate with the other or in any way harass or malign the other, or in any other way interfere with their
peaceful existence, separate and apart from the other.
3. Mctuat Release. Subject to the provisions contained in this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors,
administrators and assigns, forever release and discharge the other of and from all causes of action, claims, rights or
demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except a cause
or causes of action for divorce or all causes of action for breach of any provisions of this Agreement. Further, each
party, subject to the provisions of this Agreement, releases and forever discharges the other from any and all claims one
may have against the other arising out of this matrimonial action, including, but not limited to alimony, alimony
pendente lite, spousal support, equitable distribution, counsel fees, costs and expenses.
4. Waiver of bairn Agdast the Estate. Except as herein otherwise provided, each party may dispose of
his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now
have or hereafter acquire under the present or future law of any jurisdiction to share in the property or the estate of the
other as a result of the marital relationship, including, without limitation, dowry, courtesy, statutory allowance, widow's
allowance, homestead rights, right to equitable distribution, rights to take in intestacy, right to elect against the will of
the other, and right to act as administrator or executor of the other's estate. Each party will, at the request of the other,
execute, acknowledge and deliver any and all instruments that may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and claims.
5. Division of Personal 1!MPeIX, Except as set forth herein, each of the parties hereto has divided
between themselves, to their mutual satisfaction, all items of tangible and intangible marital personal property, including
household furnishings and other similar property. Neither party shall make any claim to any such items of marital
property, or of the separate personal property of either party, which are now in the possession and/or under the control
of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents
necessary to give effect to this paragraph. 'llrc property shall be deemed to be in the possession or under the control of
either parry if, in the case of tangible personal property, the item is physically in the possession or control of a party at
the time that particular party signs this Agreement, and in the case of intangible personal property, if any physical or
written evidence of ownership, such as it passbook, check book, policy or certificate of insurance,or other similar
writing is in the possession or control of the party.
A. With respect to the motor vehicles owned by one or both of the parties, they agree as follows:
I. The 1996 llonda Accord in Wife's name shall become the sole and separate property of Wife,
subject to any liens and encumbrances. Wife agrees to indemnify and save harmless Husband
on account of any said obligation.
2. 'nic 1991 Plymouth Voyager in Husband's name shall become the sole and separate property
of Husband, subject to any liens and encumbrances. Husband agrees indemnify and save
harmless Wife on account of said obligation.
The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effecting the transfer as
herein provided, on the date of execution of this Agreement if the tide is in the possession of one or the other party. In
the event that either or all of the documents of title to the said vehicles shall be in the hands of a bank or other holder of
the lien or encumbrance upon said vehicle, the parties agree to advise such bank or holder as to the transfer of title set
forth herein and they further agree to execute whatever documents may be required to transfer title or said document of
title as in the hands of such bank or holder.
B. The following items of Personal Property will become the sole and separate property of Wife. Husband
shall not make any claim to any of the following items and will agree to sign, upon request, any titles or documents
necessary to give effect to this paragraph.
1. The living room shelves and stained glass.
2. Artistic photographic pieces and etched minor.
3. The majority of the Pampered Chef kitchen items as divided by the parties.
4. A share of the Pfaltzgraff kitchen items as divided by the parties.
5. The bread machine.
6. All furniture from the master bedroom.
7. The new upstairs computer.
8. The bedroom television.
9. Wooden rocker.
10. The Longaberger baskets except two or three retained by Husband.
11. All Snow Babies.
12. All Precious Moments items.
13. All of wife's jewelry.
6. Addi&119Z Insimments. Each of the parties shall, on demand, execute and deliver to the other any
deeds, bills of sale, assignments, consents to change of beneficiary on insurance policies, tax returns and other
documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party
shall pay to the other, all attorneys fees, costs and other expenses reasonably incurred as a result of such failure.
7. Debts and Liabilities. Husband and Wife hereby represent and warrant to the other that he or she has
not incurred any debts or liabilities or made any contracts for which the other or his or her estate may be liable, except
as stated in this Agreement. If either parry has incurred an individual obligation during the term of the marriage, that
party shall be responsible to discharge said obligation and hereby agrees to indemnify and save the other spouse
ham-Jess on account of said obligation.
8. Warranty as to Future Obligation, Husband and Wife each covenant, warrant, represent and agree
that with the exception of the obligations set forth in this Agreement, neither of them shall hereafter incur any liability
whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other
party for and against any and all debts, charges and liabilities incurred by the other after the date of execution of this
Agreement, except as may be otherwise specifically provided for by the terms of this Agreement.
9. After Acquired Personal EMertv. Each of the parties hereto shall hereafter own and enjoy,
independent of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired
by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all
purposes, as though he or she were unmarried.
10. Roresentation by Counsel. This Agreement has been prepared by Johnson, Duffle, Stewart &
Weidner, Attorneys for Husband. Johnson, Duffle, Stewart & Weidner has rot represented Wife in any respect with
the negotiation and preparation of this Agreement. Wife acknowledges that she has retained the services of Weintraub
& Associates. She has none thic of her own volition and choice and has consulted with Weintraub & Associates
regarding the provisions of this Agreement. This Agreement shall be interpreted fairly and simply, and not strictly for
or against either of the parties.
11. Child Sgpporr. The parties hereto have obtained a court order for the support of the two (2) minor
children dated October 13, 1999, Docket No. 798-5-1999.
12. Health Insurance. Wife shall provide health insurance for the benefit of the party's minor children as
is made available to by employer. Should these benefits not be made available to wife for the benefit of the minor
children through her employer, the parties shall work together in the best interests of the children to provide sufficient
health insurance.
13. Mutual Consent Divorce. The parties agree and acknowledge that their marriage is irretrievably
broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce
pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (hereinafter
referred to as the Code). Wife has filed a No-Fault Divorce action in Cumberland County at her sole cost and
expense, and both parties agree at the appropriate time to execute such consents, affidavits and other documents as may
be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of the Code. Upon request,
Husband shall execute any waivers of notice or other waivers necessary to expedite such divorce.
14. Tax Refund. In the event the parties file a joint 1999 federal tax return, the parties agree to split the
refund evenly so that each party will receive one-half (1/2) of the proceeds refund by the IRS. In the event that the
parties must pay additional taxes, the parties agree to share said obligation in proportion with their gross earnings for
1999.
15. Effect of the Divorce Decree. The parties agree that unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect
to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations
entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to
any other remedies which may be available pursuant to the terms of this Agreement or otherwise under the
Pennsylvania divorce laws.
16. A. Bank Accounts. The parties agree to divide the parties' bank accounts as follows:
1. PSECU Checking/Savings Accounts in Wife's name shall become the sole and separate
property of Wife.
2. PSECU Savings Account in Husband's name shall become the sole and separate property of
Husband.
3. All Harris Savings and Checking Accounts in joint names shall become the sole and separate
property of Husband.
B. Mutual Funds. The parties agree to divide the parties' mutual funds as follows:
1. The mutual fund administered by Smith Barney in Wife's name (balance $14,000.00) shall
become the sole and separate property of Wife.
2. The mutual fund administered by Smith Barney in Husband and Wife's name (balance
$29,000.00) shall become the sole and separate property of Husband. The parties agree that
they shall transfer $10,000.00 from this mutual fund to Wife's mutual fund set forth in
paragraph B(i) in exchange for her agreement to release all right, title and interest to the
remaining monies ($19,000.00) in the mutual fund.
C. /RAs / Pensions. Each party shall retain any individual retirement account in his or her name.
Each parry shall be and remain the sole owner of any other asset in his or her control not specifically covered by other
provisions in this Agreement. Should it become necessary, each party agrees to sign any other titles or documents
necessary to give effect to this section upon request of the other parry.
17. Breach. If either party breaches any provision of this Agreement, the other parry shall have the right,
at his or her election, to sue for damages for such breach. The party breaching this Agreement shall be responsible for
the payment of all legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or
seeking such other remedy or relief as may be available to him or her.
18. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective
only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist
upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
19. Sevemhility. If any provision of this Agreement is held to be invalid or unenforceable, all other
provisions shall nevertheless continue in full force and effect.
20. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall
have no effect whatsoever in determining the rights or obligations of the parties.
21. Successors and Amiga. This Agreement, except as otherwise expressly provided herein, shall be
binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns
and successors in interest of the parties.
22. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania.
23. Entire reement. This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their
hands and seals the day and year first above-written.
SEAL)
MICHAEL LEE BOWSER
(SEAL)
KAREN LYNN B WSER
COMMONWEALTH OF PENNSYLVANIA :
:ss:
COUNTY OF CUMBERLAND
On this, the ? day of ,f j 2000, before me the undersigned officer, personally appeared
MICHAEL LEE BOWSER, known to me or satisfactorily proven to be the person whose name is subscribed to the
foregoing instrument and acknowledge that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal
Darla C. Penner, Notary Public
Lemoyne nom, Cumberland County
My Commisslcn Expires Dec. 29, 2001
Membar, Pennsylvania Assocle00n of Notanas
? c P .' .
Notary Public
COMMONWEALTH OF PENNSYLVANIA :
:ss:
COUNTY OF CUMBERLAND .
On this, the _ day of 2000, before me the undersigned officer, personally appeared
KAREN LYNN BOWSER, known to me or satisfactorily proven to be the person whose name is subscribed to the
foregoing instrument and acknowledge that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
:129409.1
KAREN BOWSER,
Vs.
*IN THE COURT OF COMMON PLEAS
Plaintiff, *CUMBERLAND COUNTY, PENNSYLVANIA
*
MICHAEL BOWSER,
Defendant.
*NO. 99-5404
*
*CIVIL ACTION - LAW
*CUSTODY
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as
follows:
1. The parties hereby agree to share legal custody of their minor children
Justin M. Bowser, born October 1, 1986, and Ashtyn D. Bowser, born, July 26, 1989.
All decisions affecting the children's growth and development including, but not limited
to: choice of camp, if any; choice of day care provider; medical and dental treatment;
psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or
potential litigation involving the children, directly or as beneficiary, other than custody
litigation; education, both secular and religious; scholastic athletic pursuits and other
extracurricular activities; shall be considered major decisions and shall be made by the
parents jointly, after discussion and consultation with each other and with a view
towards obtaining and following a harmonious policy in the children's best interest.
2. Each party agrees to keep the other informed of the progress of the
children's education and social adjustments. Each party agrees not to impair the other
party's right to shared legal or physical custody of the children. Each party agrees to
give support to the other in the role as parent and to take into account the consensus
of the other for the physical and emotional well-being of the children.
EXHIBIT "A"
3. While in the presence of the children, neither parent shall make or permit
any other person to make, any remarks or do anything which could in any way be
construed as derogatory or uncomplimentary to the other parent. It shall be the
express duty of each parent to uphold the other parent as one whom the children
should respect and love.
4. It shall be the obligation of each parent to make the children available to
- the other in accordance with the physical custody schedule and to encourage him/her
to participate in the plan hereby agreed and ordered.
5. Each parent shall have the duty to notify the other of any event or activity
that could reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another concerning any
parenting issue requiring consultation and agreement and regarding any proposed
modifications to the physical custody schedule, which may from time to time become
necessary, and shall specifically not use the children as messengers. Furthermore,
neither parent shall discuss with the children any proposed changes to the physical
custody schedule, or any other issue requiring consultation and agreement, prior to
discussing the matter and reaching an agreement with the other parent.
7. With regard to any emergency decisions which must be made, the parent
with whom the children are physically residing at the time shall be permitted to make
the decision necessitated by the emergency without consulting the other parent in
advance. However, that parent shall inform the other of the emergency and consult
with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the
responsibility of the parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any
doctor, dentist, teacher or authority and have copies of any reports given to them as
a parent. Such documents include, but are not limited to, medical reports, academic
and school report cards, birth certificates, etc. Both parents may and are encouraged
to attend school conferences and activities. The Father's name shall be listed with the
school as the alternative parent to be contacted in the event of an emergency and to
2
be notified regarding school events. However, it will be Mother's primary responsibility
to provide Father with copies of report cards and all notifications of major school
events.
9. Neither parent shall schedule activities or appointments for the children
which would require their attendance or participation at said activity or appointment
during a time when they are scheduled to be in the physical custody of the other
- parent without that parent's express prior approval.
10. The parties hereby acknowledge that they have discussed and jointly
j made the following decisions:
a. The parties agree that West Shore Family Practice will continue to
be the children's pediatrician and accordingly, will provide medical
treatment to the children when necessary.
b. The parties acknowledge that the children's legal names are Justin
M. Bowser and Ashtyn D. Bowser and that they shall be known by
these names for all purposes. The parties agree that they will
instruct their respective families and friends that the children
should not be referred to by any other names.
C. The parties acknowledge that they each expect the children to
attend college and post-high school training if they are good
students with a high probability of gaining entrance and
succeeding in college. The parties agree that they shall each be
actively involved in the selection of an appropriate post-high
school education for the children and that the choice of any
college or institution shall be mutually agreed upon by Father,
Mother and the children, taking into consideration the parents'
then financial ability and economic circumstances, and the
children's needs, desires, talents and aptitudes for post-high
school education.
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11-PHYSICAL CUSTODY
The parents shall share joint physical custody of the children. Failing mutual
agreement to the contrary, the following schedule shall apply, until modified by order
of the Court:
1 . The parents shall share physical custody equally in fourteen
(14) day cycles, in which Mother shall have both children
simultaneously from Monday after school at approximately
5:00 p.m. until Wednesday morning when school resumes
(2 days); Father shall have them Wednesday after school
until Friday when school adjourns (2 days); then with
Mother from Friday after school until the resumption of
school the following Wednesday morning (5 days),
concluding with Wednesday after school with Father until
the resumption of school the following Monday morning (5
days).
2. Thanksgiving vacation shall be divided into two segments: segment
A commencing with the adjournment of school and continuing until
Friday following Thanksgiving at 6:00 p.m.; segment B
commencing at 6:00 p.m. on Friday following Thanksgiving and
continuing until Sunday at 6:00 p.m. or if a holiday weekend
continues until Monday at 6:00 p.m. Mother shall have segment A
in 1999. Father shall have segment B in 1999 and they shall be
reversed then alternated annually.
3. Christmas vacation will be divided into two segments: segment A
commencing at 3:30 p.m. when school adjourns and continuing
until December 25 at noon and; segment B commencing on
Christmas Day at noon and continuing until 6:00 p.m. the evening
before school resumes. Father shall have segment A in 1999;
Mother shall have segment B in 1999 and the segments shall be
reversed and alternated annually.
4. Easter vacation from the day on which school adjourns until
6:00 p.m. on the evening before school resumes with
Mother in 2000 and in even numbered years thereafter and
with Father in 2001 and in odd numbered years thereafter.
4
5. If there is a Spring Vacation separate from Easter Vacation,
it will be with Father in 2000 and in even numbered years
thereafter and with Mother in 2001 and in odd numbered
years thereafter.
6. Both parties shall have ten (10) days of vacation time with
both children simultaneously between the adjournment and
the resumption of school, to be taken two (2) blocks, each
of five (5) consecutive days, which may be tacked on to
any other weekend or scheduled visitation of each parent.
Both parents shall give the other not less than sixty (60)
days notice of all summer vacations. The first party to give
notice shall be entitled to those days.
7. July 4th from 8:00 a.m. until 11:00 p.m. with Father in
2000 and in even years and with Mother in 2001 and in
odd years thereafter.
8. Mother's Day weekend from Friday at 6:00 p.m. until
Sunday at 6:00 p.m. with Mother every year.
9. Father's Day weekend from Friday 6:00 p.m. until Sunday
at 6:00 p.m. with Father every year.
10. Each parent shall have physical custody of the children for
attendance at family funerals, near death situations and at
weddings with reasonable notice to the other parent.
11. The holiday schedule and vacation schedule shall take precedence
over the usual visitation schedule.
The parties agree that there shall be reasonable telephone access between the
children and both parents. The parents are encouraged to place telephone calls to the
children between 7:00 p.m. and 10:00 p.m. so as not to interfere with dinner or
bedtime. The children shall be permitted free access to place calls to their parents at
any time they desire.
5
The receiving parent shall provide all transportation to implement this
agreement.
The parties have negotiated the custody and partial custody portions of this
Agreement based upon existing circumstances, and in particular, based upon Wife's
and Husband's current residences in Cumberland County, Pennsylvania. If either parent
desires to establish a residence more than twenty five (25) miles from his or her
present residence, he or she shall give the other parent at least ninety (90) days'
written notice in advance of the proposed move, in order to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory
arrangement as to custody and partial custody in light of the changed circumstances.
In the event that the parties are unable to reach an agreement, then the Court of
Common Pleas of Cumberland County shall have jurisdiction over them to fashion an
appropriate custody/partial custody order.
This Stipulation shall be entered as an Order of the Court. Either parent may file
Petition to Modify Custody at any time either feels that changing the legal or physical
custody arrangements is in the best interest of the children.
Karen
Plainti
//'Ih/?.• ?A? N,t1?2?t
Michael Bowser,
Defendant
PJON,E
Edward J. Wdintri4ub, Esquire
Attorney for Plaintiff
i t..'Y Fno, n^? •^ 1
R .,
,r'
r Ctl.
In Testim.mv 1 h:«ci, 1 here unto s-i in, hand
and the seal of said Court at Carlisla, Fa.
This .... I.Gr1?'?.E:...?day of.... a!> -.., 194 l..
...............Th:fkrs?t!I ...?,...
d Prothonotary
Date: 199f
Attorney for Defendant
BY THE COURT:
/s/ r ?aaJ
J.
6
Aorttmtnt
THIS AGREEMENT, is made this 19th day of November, 1999 by and between KAREN LYNN
BOWSER, hereinafter referred to as "Wife" and MICHAEL LEE BOWSER, hereinafter referred to as
"Husband".
WITNESSETH
WHEREAS, the parties hereto are Husband and Wife, having been married on May 19, 1984 and
having separated on April 23, 1999, and
WHEREAS, Husband has agreed to purchase a certain tract of real property with a home located
thereon at 113 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania; and
WHEREAS, the parties have agreed that said real property when acquired by Husband shall be
considered non-marital property and Wife shall have no interest in said real estate for all purposes;
AND WHEREAS, the parties desire to confirm this understanding in writing.
EXHIBIT "B"
NOW, THEREFORE, in consideration of the promises and mutual undertaking herein contained, and
further good and valuable consideration, the parties intending to be legally bound, agree as follows:
ij
1. RECITALS. The above stated recitals are incorporated herein and made part of this
agreement.
2. NON-MARITAL PROPERTY. The real property and home located thereon at 113 Ewe Road,
i
Cumberland County, Pennsylvania (hereinafter "real property") to be acquired by Husband shall not be
considered by the parties hereto as marital property in any divorce proceedings between them, and both
parties hereby agree that Wife shall have no right, title or interest in any way in said real property, which
shall be owned solely as the separate and exclusive property of Husband. This real property (including any
increase in value), all property acquired in exchange therefore, and the funds used to acquire said real
property shall be and become Husband's sole and separate property free of any claim as to being marital
property by Wife. For example, in the event the parties divorce, this real property shall not be considered an
asset available for equitable distribution, but rather it shall be considered Husband's sole and separate non-
marital property in any divorce proceedings. As part of the consideration for this Agreement, Husband
1
agrees to be solely responsible for all debts, liabilities, taxes, utilities, etc. incurred in connection with his
ownership of this real property. F
3. CONSIDERATION. In exchange for Wife transferring all rights, title and interest in said real
property to Husband and in further consideration for the other rights, duties and obligations set forth herein, [.'
Husband agrees to pay Wife Sixty Thousand ($60,000) Dollars representing a fair split in the equity of the
i
real property. Settlement pertaining to this matter is to occur on November 19, 1999 in the offices of Harris
-2-
Savings Bank, Old Gettysburg Road, Camp Hill. Wife will receive by certified or title company check Sixty
Thousand ($60,000.00) Dollars at closing.
Said consideration of Sixty Thousand ($60,000.00) Dollars shall not be considered by the parties
hereto as marital property in any divorce proceeding between them, and both parties hereby agree that
Husband shall have no right, title or interest in anyway in said monetary consideration, which shall be owned
solely has separate and exclusive property of Wife. This monetary consideration as well as all property
acquired and exchanged therefore, shall be and become Wife's sole and separate property free of any claim 1
as to being marital property by Husband. This monetary consideration shall not be considered an asset
available for equitable distribution, but rather it should be considered Wife's sole and separate non-marital
property in any divorce proceeding.
4. REPRESENTATION OF THE PARTIES. Husband is represented by Johnson, Duffle,
Stewart & Weidner in connection with the negotiation and preparation of this Agreement, and Wife has been
represented in connection with same by Edward J. Weintraub and Associates. Wife acknowledges that
Johnson, Duffle, Stewart & Weidner has represented Husband only throughout this matter and understands
that Johnson, Duffle, Stewart & Weidner cannot and did not in any way represent or render legal advice to
Wife. Each party has carefully read this Agreement and is completely aware not only of its contents, but
also of its legal effect. Each party acknowledges and accepts that this Agreement, under the circumstances,
is fair and equitable and that it is being entered into freely and voluntarily. Both parties mutually represent
their intention to negotiate and execute a comprehensive Marital Settlement Agreement to resolve all other
economic and other issues related to their anticipated divorce and acknowledgment that this Agreement is
intended to deal solely with the division of their equity in the house.
-3-
5. EFFECT OF DIVORCE DECREE. This Agreement shall survive any such final judgment or
decree of divorce. Both parties shall have all rights to enforcement under applicable law Including the
Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties
effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation.
6. COOPERATION. Each of the parties shall, on demand, execute and deliver to the other, any
deeds, bills of sale, quit claims, assignments, consents, or other documents, or do or cause to be done any
other acts or things which may be necessary or desirable to effectuate the provisions and purposes of this i
Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all
attorney's fees, costs, and other expenses reasonable incurred as a result of such failure. Husband
specifically agrees to execute a Spousal Waiver and all other documents to enable Wife to close on
December 10, 1999 on her new residence.
IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seal intending to be
legally bound hereby on the date set forth above.
WITNESS: p
4"' ';? t"' &!??
KAREN LYNN BO SER
WITNESS:
&446 ?bv
MICHAEL "LEE BOIVV/SER
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DEED
THIS DEED, made this 11 " day of November In the year of our Lord one thousand
nine hundred ninety-nine (1999).
BETWEEN MICHAEL LEE BOWSER and KAREN LYNN BOWSER, husband and wife,
Grantors
and MICHAEL LEE BOWSER, an adult individual,
Grantee
WITNESSETH:
In consideration of the sum of ONE DOLLAR ($1.00), in hand paid, receipt whereof is
hereby acknowledged, the said Grantors does hereby grant and convey unto the said Grantee:
ALL THAT CERTAIN Lot of Ground situate in the Township of Lower Allen,
County of Cumberland and Commonwealth of Pennsylvania, bounded and
described as follows, to wit:-
BEGINNING at a point in the Northwesterly line of Ewe Road (50 feet wide), which
said point is in the division line between Lots Nos. 8 and 9 on the hereinafter
mentioned Plan of Lots; thence along the division line between Lots Nos. 8 and 9
on said Plan, North 68 degrees 02 minutes 26 seconds West, 222.36 feet to a
point in the Eastern dedicated right-of-way line of Lisburn Road (L.R. 21014);
thence along the Eastern dedicated right-of-way line of Lisburn Road (L.R. 21014),
North 13 degrees 02 minutes 30 seconds East, 77.69 feet to a point; thence by the
same, North 15 degrees 46 minutes 30 seconds East, 46.36 feet to a point; thence
by the same, North 19 degrees 47 minutes 00 seconds East, 46.07 feet to a point;
thence still by the same, North 27 degrees 08 minutes 30 seconds East, 63,28 feet
to a point marked by a monument in the division line between Lots Nos. 9 and 10
EXHIBIT "C"
tou W PAGE 650
on the hereinafter mentioned Plan of Lots; thence along the division line between
Lots Nos. 9 and 10 on said Plan, South 38 degrees 34 minutes 26 seconds East,
296.41 feet to a point on the Northwesterly line of Ewe Road, aforesaid; thence
along the Northwesterly line of Ewe Road, in a Southerly direction by the arc of a
circle curving to the left, said circle having a radius of 175.00 feet, the arc distance
of 90.00 feet to a point in the division line between Lots Nos. 8 and 9 on the
hereinafter mentioned Plan of Lots, first above mentioned, at the point and place of
BEGINNING.
BEING Lot No. 9, Section 1, on the Plan of SHEEPFORD CROSSING, which said
Plan is recorded in the Cumberland County Recorder's Office in Plan Book 48,
Page 120, the same being a Resubdivision Plan of 16 Lots of Sheepford Crossing,
Section 1. (Being a Resubdivision of Lots 4 through 13 and 40 through 45
inclusive).
BEING the same premises which John E. Keener, Inc., by its Deed dated
November 5, 1985 and recorded in the Cumberland County Recorder's Office in
Deed Book "O", Volume 31, Page 1044, granted and conveyed unto Michael Lee
Bowser and Karen Lynn Bowser, the grantors.
UNDER AND. SUBJECT, NEVERTHELESS, to certain Protective Restrictive
Covenants Reservations and Easements relating to the improvement and use of
Lots in the Sheepford Crossing Development, as recorded in the Cumberland
County Recorder's Office in Miscellaneous Record Book Volume No. 305, Page
179.
THIS IS A CONVEYANCE BETWEEN HUSBAND AND WIFE AND IS
THEREFORE EXEMPT FROM REALTY TRANSFER TAX.
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits
thereof and all the estate, right, title, interest, property, claim and demand whatsoever of the
Grantors, in law equity or otherwise, of, in and to the same and every part thereof.
TO HAVE AND TO HOLD the said lot or piece of ground above described, with the
buildings and improvements thereon erected, hereditaments and premises hereby granted or
mentioned, and intended so to be, with the appurtenances, unto the said Grantee, his heirs and
assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns,
forever.
-2-
PACE
And the said Grantors do hereby covenant and agree to and with the said Grantee, that they, the
Grantors, their executors and administrators, shall and will WARRANT AND FOREVER DEFEND
the hereinabove described premises, with the hereditaments and appurtenances, unto the
Grantee, Grantee's heirs and assigns, against the Grantors and against every other person
lawfully claiming or who shall hereafter claim the same or any part thereof, by, from or under him,
her, them or any of them, shall and will, subject as aforesaid , WARRANT AND FOREVER
DEFEND.
IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals on
the day and year first above written.
Signed, sealed and delivered in
the presence of.
(SEAL)
MICHAEL LEE BOWSER
r SEAL)
KARENLYNN WSER
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTYOF C9??
On this the I CI'Xjn day of -<'\ %--k L? x, _ , 1999, before me,
a notary public, the undersigned officer, personally appeared MICHAEL LEE BOWSER, known to
me (or satisfactorily proven) to be the person whose name Is subscribed to the within instrument,
and acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
v Notary Public
NOTARIAL SEAL My Commission
DIANNE LENIG, Notary Public
Lemoyne Borough Cumberland Co.
Ay Commission Expires Dec. 21, 2001
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF
On this the t `N V-b day of ?t1vY ti 1999, before me,
a notary public, the undersigned officer, personally appeared KAREN LYNN BOWSER, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
My Commission
NOTARIAL SEAL
DIANNE LENIG, Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21, 2001
-4-
I hereby certify that the precise residence and complete post office address of the within
named Grantee is:
113 Ewe Road
Mechanicsburg, PA 17055
CC
Mark . Duffle, Attom rfo Grantee
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
RECORDED on this VJ day of Qq-, A. D.1999, in the
Recorder's office of the said County, in Deed Book _Z- , Page
Given under my hand and the seal of the said office, the date above written.
Recorder
128774.1
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KAREN BOWSER, " IN THE COURT OF COMMON PLEAS
Plaintiff, " CUMBERLAND COUNTY, PENNSYLVANIA
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VS. " No. 489-'5e4 94- SyUY
"
MICHAEL BOWSER " CIVIL ACTION - LAW
Defendant. " DIVORCE
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) of the
Divorce Code.
2. Date and manner of service of the complaint: Hand-delivered to Defendant
on September 15, 1999.
3. (a) Date of execution of the affidavit of consent required by Section
3301(c) of the Divorce Code:
by plaintiff: March 10, 2000;
by defendant: March 13, 2000.
4. Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: March 14, 2000.
5. Related claims pending: None.
6. Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached, if the decree is to be entered under
Section 3301 (d)(1)(1) of the Divorce Code. N/A
7. Plaintiff and Defendant have signed a Separation and Property Settlement
Agreement dated January 28, 2000.
WHEREFORE, the Court is requested to enter a Final Decree in Divorce in
compliance with Section 3301(c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1)
and to incorporate the terms of the Separation and Property Settlement Agreement in
accordance with Section 301(a)(1) and (4) and•40Y1b1-of-ths_Divorce Code.
Edvvard J. VAeintraub, Esquire
Dated: Attorney for Plaintiff
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HARRISBURG, PENNSYLI
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KAREN BOWSER, . IN THE COURT OF COMMON PLEAS
Plaintiff, • CUMBERLAND COUNTY, PENNSYLVANIA
VS. No.
MICHAEL BOWSER • CIVIL ACTION - LAW
Defendant. . CUSTODY
ORDER OF COURT
AND NOW, this q_ day of1999, upon consideration of the
attached complaint it its hereby directed that the parties and their respective counsel
appear before 1-t ?t ``_, Esquire, the Conciliator, at
1S\K ? ?(C? Pennsylvania, on the _;?_ day of C?(,y 64nc r
1999, at o'clock, ?.m., for a Pre-Hearing Custody Conference. At such
conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the Court, and to enter a
temporary order. Either party may bring the child who is the subject of this custody
action to the conference, but the children's attendance is not mandatory. Failure to
appear at the conference may provide grounds for entry of a temporary or permanent
order.
FOR THE COURT:
By
Custody Conci Rat r I
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.
OFFICE OF THE COURT ADMINISTRATOR
1 COURTHOUSE SQUARE, 47H FLOOR
CARLISLE, PA 17013
(717) 240-6200
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KAREN BOWSER, • IN THE COURT OF COMMON PLEAS
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
Va. • NO. 99- S'/C'I Tc.--
MICHAEL BOWSER, • CIVIL ACTION - LAW
Defendant • IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED 1111 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.
CUMBERLAND COUNTY:
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 Court House, 1
Court House Square, Carlisle, Pennsylvania, 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR 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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
KAREN BOWSER, • IN THE COURT OF COMMON PLEAS
Plaintiff COUNTY, PENNSYLVANIA
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VS. . NO. `I99. SVOI/ ?a F 7e
MICHAEL BOWSER, CIVIL ACTION - LAW
Defendant ' IN DIVORCE
AFFIDAVIT
I, Karen Bowser, being duly sworn according to law, depose and say:
1. I have been advised of the availability of marriage counseling and
understand that I may request that the Court require that my spouse and I participate
in counseling.
2. 1 understand that the Court maintains a list of marriage counselors in
the Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my
spouse and I participate in the counseling prior to a divorce decree being handed down
by the Court.
4. 1 understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Karen Bowser
Plaintiff
KAREN BOWSER, • IN THE COURT OF COMMON PLEAS
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
Va. NO. 94• 5vo / eeiti! T? _
MICHAEL BOWSER, : CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT UNDER §3301
OF THE DIVORCE CODE
1. Plaintiff is Karen Bowser, who currently resides at 8 Dulles Drive,
Apartment H-5, Carnp Hill, Cumberland County, Pennsylvania.
2. Defendant is Michael Bowser, who currently resides at 113 Ewe
Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania for a period of more than six (6) months immediately preceding the filing
of this Complaint.
4. The Parties were married on May 19, 1984.
5. Neither Plaintiff nor Defendant is in the military or naval service of
the United States or its allies within the provisions of the Soldiers' and Sailors' Civil
Relief Act of the Congress of 1940 and its amendments.
6. There has been no prior action for divorce or annulment instituted
by either of the parties in this or any other jurisdiction.
7. The Plaintiff has been advised that counseling is available and that
Plaintiff may have the right to request that the Court require the parties to participate
in counseling.
COUNT 1.
REQUEST FOR A NO-FAULT DIVORCE
UNDER §3301(c) OF THE DIVORCE CODE
8. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
9. The marriage of the parties is irretrievably broken.
10. After ninety (90) days have elapsed from the date of the filing of
this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff
believes that Defendant may also file such an affidavit.
WHEREFORE, if both Parties file affidavits consenting to a divorce after
ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff
respectfully requests the Court to enter a Decree of Divorce pursuant to Section
3301(c) of the Divorce Code.
COUNT II.
REQUEST FOR A NO-FAULT DIVORCE
UNDER §3301(d) OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
12. The marriage of the Parties is irretrievably broken.
13. The parties are living separate and apart and at the appropriate
time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and
apart for at least two years as specified in Section 3301 (d) of the Divorce Code.
2
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree
of Divorce pursuant to Section 3301(d) of the Divorce Code.
COUNT III.
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER §3323, §3501, §3502 and §3503
OF THE DIVORCE CODE
14. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
15. Plaintiff requests the Court to equitably divide, distribute or assign
the martial property between the parties without regard to marital misconduct in such
proportion as the Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests the Court to enter an order
of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502
and 3503 of the Divorce Code.
COUNT IV.
REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY
DESIGNATIONS OF EXISTING POLICIES INSURING
LIFE AND HEALTH OF BOTH PARTIES
UNDER §3502(d) OF THE DIVORCE CODE
16. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
3
17. During the course of the marriage, Defendant has maintained
certain health, life and death insurance policies for the benefit of Plaintiff and
Defendant.
18. Pursuant to Section 3502(d), Plaintiff requests Defendant be
directed to continue maintenance of said policies.
WHEREFORE, Plaintiff respectfully requests that, pursuant to Section
3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue
to maintain certain life and health insurance policies for the benefit of Plaintiff and
Defendant.
COUNT V.
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE LITE AND ALIMONY
UNDER §3701, §3702 and §3704 OF THE DIVORCE CODE
19. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
20. Plaintiff is unable to sustain himselAherself during the course of
litigation.
21. Plaintiff lacks sufficient property to provide for his\her reasonable
needs and is unable to sustain himself\herself through appropriate employment.
22. Plaintiff requests the Court to enter an award of spousal support
and/or alimony pendente lite until final hearing and thereupon to enter an order of
alimony in his\her favor pursuant to Sections 3704 of the Divorce Code.
4
WHEREFORE, Plaintiff respectfully requests the Court to enter an award
of spousal support and/or alimony pendente lite until final hearing and thereupon to
enter an order of alimony in his\her favor pursuant to Sections 3701, 3702 and 3704
of the Divorce code.
COUNT VI.
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
UNDER §3702 OF THE DIVORCE CODE
23. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
24. Plaintiff has employed Edward J. Weintraub, Esquire, to represent
him\her in this matrimonial cause.
25. Plaintiff is unable to pay his\her counsel fees, costs and expenses
and Defendant is more than able to pay them.
26. Defendant is employed and has the ability to pay Plaintiff's counsel
fees, costs and expenses.
27. Reserving the right to apply to the Court for temporary counsel
fees, costs and expenses prior to final hearing, Plaintiff requests that, after final
hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs
and expenses.
WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections
3702 of the Divorce Code, the Court enter an order directing Defendant to pay
Plaintiff's reasonable counsel fees, costs and expenses.
s
COUNT VII.
REQUEST FOR CONFIRMATION OF CUSTODY
UNDER §3104(A)(2) AND 3323(B)
OF THE DIVORCE CODE
28. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
29. The parties are the parents of the following unennancipated
child\children who resides with Plaintiff:
NAME A!aE 5M DATE OF BIRTH
Justin M. Bowser 12 M October 1, 1986
Ashtyn D. Bowser 10 F July 26, 1989
30. During the past five years, children have resided with the parties
and at the addresses herein indicated.
FROM M WITH WHOM ADDRESSES
Birth 4/23/99 Father and Mother 113 Ewe Rd., Mechanicsburg, Pennsylvania
4/23/99 Present Mother 8 Dulles Dr., Mechanicsburg, Pennsylvania
31. Plaintiff has not participated in any other litigation concerning the
children in this or any other state.
6
32. There are no other proceedings pending involving custody of the
children in this or any other state.
33. Plaintiff knows of no person not a party to these proceedings who
has physical custody of the children or who claims to have custody, partial custody
or visitation rights with respect to the children.
34. The best interests of the children will be served if primary physical
custody of them is confirmed in Plaintiff.
WHEREFORE, Plaintiff respectfully requests that, pursuant to §§
3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming
custody of the children in Plaintiff.
COUNT VIII.
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
35. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
36. The public policy of the Commonwealth of Pennsylvania
encourages parties to a marital dispute to negotiate a settlement of their differences.
37. While no settlement has been reached as of the date of the filing
of this Complaint, Plaintiff is and has always been willing to negotiate a fair and
reasonable settlement of all matters with Defendant.
7
38. To the extent that a written settlement agreement might be entered
into between the parties prior to the time of hearing on this Complaint, Plaintiff desires
that such written agreement be approved by the Court and incorporated in any divorce
decree which may be entered dissolving the marriage between the parties.
WHEREFORE, if a written settlement agreement is reached between the
Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests
that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate
such agreement in the final divorce decree.
EDWARD J. WEINTRAUB, ESQUIRE
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID #17441
ATTORNEY FOR PLAINTIFF
Date:--6Y Z' C
8
VERIFICATION
I, Karen Bowser, hereby swear and affirm that the facts contained in the
foregoing Divorce Complaint are true and correct and are made subject to the penalties
of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Date:
Karen Bowser
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KAREN BOWSER, . IN THE COURT OF COMMON PLEAS
Plaintiff, ' CUMBERLAND COUNTY, PENNSYLVANIA
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VS. ' No. 99-594 SYUy
MICHAEL BOWSER CIVIL ACTION - LAW
Defendant. ' DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
AND NOW, this 15th day of September, 1999 personally appeared before me,
a Notary Public in and for the aforesaid Commonwealth and County, Renee K. Betsko,
who being duly sworn according to law, deposes and says that on September 15,
1999, she hand delivered via messenger a complaint in divorce, to Michael Bowser and
the same was received by him on September 15, 1999.
Sworn to an subscribed before me
19
this _[, day of
1999.
tart' Publi
Renee K. Betsko
Notarial Seal
Queens J. Stremmel, Notary Public
Harrisburg, Dauphin County
My Commission Expires Oct. 2, 2000
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KAREN BOWSER, " IN THE COURT OF COMMON PLEAS
Plaintiff, " CUMBERLAND COUNTY, PENNSYLVANIA
VS. " No. 99--5W
"
MICHAEL BOWSER CIVIL ACTION - LAW
Defendant. " DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on September 2, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. 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.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: '?3 bU toc) "C' -
Karen Bowser, Plaintiff
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KAREN BOWSER, « IN THE COURT OF COMMON PLEAS
Plaintiff, « CUMBERLAND COUNTY, PENNSYLVANIA
Vs. «
No. 99-b"
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MICHAEL BOWSER " CIVIL ACTION - LAW
Defendant. « DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301fc1
OF THE DIVORCE CODE
1. 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. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
?/fOIpC? L9 -
Karen Bowser, Plaintiff
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KAREN BOWSER, * IN THE COURT OF COMMON PLEAS
Plaintiff, " CUMBERLAND COUNTY, PENNSYLVANIA
*
Vs. " No. 99 694 94-S4joy
"
MICHAEL BOWSER " CIVIL ACTION - LAW
Defendant. " DIVORCE
AFFIDAVIT OF CONSENT
1 . A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on September 2, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. 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.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
Michael Bowser, Defendant
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KAREN BOWSER,
Plaintiff,
VS.
MICHAEL BOWSER
Defendant.
" IN THE COURT OF COMMON PLEAS
" CUMBERLAND COUNTY, PENNSYLVANIA
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" CIVIL ACTION - LAW
" DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. 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. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: 3 /3co
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Michael Bowser, Defendant
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HUSBAND'S SOCIAL SECURITY NUMBER: 186-38-6527
WIFE'S SOCIAL SECURITY NUMBER: 177-52-4790
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OCT 2 5 1999
KAREN BOWSER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-5404 CIVIL TERM
CIVIL ACTION - CUSTODY
VS.
MICHAEL BOWSER,
Defendant
ORDER
AND NOW this day of n( ,1999, it being reported to the
Conciliator that the parties have reached an agreement which makes further proceedings
unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter
to the Court Administrator. If either of the parties wishes further proceedings in this action, they
should petition the Court anew.
FOR THE COURT,
MICHAEL L. BANG
Custody Conciliator
cc: Edward J. Weintraub, Esquire
Mark Duffle, Esquire
?- - '
?S ;
LAW OFFICE ?
EDWAttID I WEINTRAUB NoV i ?
2650 NORTH-THIRD STREET .:7 ' ....
HARRISBURG. PENNSYLVANIA 17110
(717) 238.2200 FAX (717) 238-9280
KAREN BOWSER, "IN THE COURT OF COMMON PLEAS
Plaintiff, "CUMBERLAND COUNTY, PENNSYLVANIA
r
VS. "NO. 99-5404
A
MICHAEL BOWSER, "CIVIL ACTION - LAW
Defendant. "CUSTODY
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as
follows:
1. The parties hereby agree to share legal custody of their minor children
Justin M. Bowser, born October 1, 1986, and Ashtyn D. Bowser, born, July 26, 1989.
All decisions affecting the children's growth and development including, but not limited
to: choice of camp, if any; choice of day care provider; medical and dental treatment;
psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or
potential litigation involving the children, directly or as beneficiary, other than custody
litigation; education, both secular and religious; scholastic athletic pursuits and other
extracurricular activities; shall be considered major decisions and shall be made by the
parents jointly, after discussion and consultation with each other and with a view
towards obtaining and following a harmonious policy in the children's best interest.
2. Each party agrees to keep the other informed of the progress of the
children's education and social adjustments. Each party agrees not to impair the other
party's right to shared legal or physical custody of the children. Each party agrees to
give support to the other in the role as parent and to take into account the consensus
of the other for the physical and emotional well-being of the children.
3. While in the presence of the children, neither parent shall make or permit
any other person to make, any remarks or do anything which could in any way be
construed as derogatory or uncomplimentary to the other parent. It shall be the
express duty of each parent to uphold the other parent as one whom the children
should respect and love.
4. It shall be the obligation of each parent to make the children available to
the other in accordance with the physical custody schedule and to encourage him/her
to participate in the plan hereby agreed and ordered.
5. Each parent shall have the duty to notify the other of any event or activity
that could reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another concerning any
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parenting issue requiring consultation and agreement and regarding any proposed
modifications to the physical custody schedule, which may from time to time become
necessary, and shall specifically not use the children as messengers. Furthermore,
neither parent shall discuss with the children any proposed changes to the physical
custody schedule, or any other issue requiring consultation and agreement, prior to
discussing the matter and reaching an agreement with the other parent.
7. With regard to any emergency decisions which must be made, the parent
with whom the children are physically residing at the time shall be permitted to make
the decision necessitated by the emergency without consulting the other parent in
advance. However, that parent shall inform the other of the emergency and consult
with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the
responsibility of the parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any
doctor, dentist, teacher or authority and have copies of any reports given to them as
a parent. Such documents include, but are not limited to, medical reports, academic
and school report cards, birth certificates, etc. Both parents may and are encouraged
to attend school conferences and activities. The Father's name shall be listed with the
school as the alternative parent to be contacted in the event of an emergency and to
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be notified regarding school events. However, it will be Mother's primary responsibility
to provide Father with copies of report cards and all notifications of major school
events.
9. Neither parent shall schedule activities or appointments for the children
which would require their attendance or participation at said activity or appointment
during a time when they are scheduled to be in the physical custody of the other
parent without that parent's express prior approval.
10. The parties hereby acknowledge that they have discussed and jointly
made the following decisions:
a. The parties agree that West Shore Family Practice will continue to
be the children's pediatrician and accordingly, will provide medical
treatment to the children when necessary.
b. The parties acknowledge that the children's legal names are Justin
M. Bowser and Ashtyn D. Bowser and that they shall be known by
these names for all purposes. The parties agree that they will
instruct their respective families and friends that the children
should not be referred to by any other names.
C. The parties acknowledge that they each expect the children to
attend college and post-high school training if they are good
students with a high probability of gaining entrance and
succeeding in college. The parties agree that they shall each be
actively involved in the selection of an appropriate post-high
school education for the children and that the choice of any
college or institution shall be mutually agreed upon by Father,
Mother and the children, taking into consideration the parents'
then financial ability and economic circumstances, and the
children's needs, desires, talents and aptitudes for post-high
school education.
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The parents shall share joint physical custody of the children. Failing mutual
agreement to the contrary, the following schedule shall apply, until modified by order
of the Court:
1. The parents shall share physical custody equally in fourteen
(14) day cycles, in which Mother shall have both children
simultaneously from Monday after school at approximately
5:00 p.m. until Wednesday morning when school resumes
(2 days); Father shall have them Wednesday after school
until Friday when school adjourns (2 days); then with
Mother from Friday after school until the resumption of
school the following Wednesday morning (5 days),
concluding with Wednesday after school with Father until
the resumption of school the following Monday morning (5
days).
2. Thanksgiving vacation shall be divided into two segments: segment
A commencing with the adjournment of school and continuing until
Friday following Thanksgiving at 6:00 p.m.; segment B
commencing at 6:00 p.m. on Friday following Thanksgiving and
continuing until Sunday at 6:00 p.m. or if a holiday weekend
continues until Monday at 6:00 p.m. Mother shall have segment A
in 1999. Father shall have segment B in 1999 and they shall be
reversed then alternated annually.
3. Christmas vacation will be divided into two segments: segment A
commencing at 3:30 p.m, when school adjourns and continuing
until December 25 at noon and; segment B commencing on
Christmas Day at noon and continuing until 6:00 p.m. the evening
before school resumes. Father shall have segment A in 1999;
Mother shall have segment B in 1999 and the segments shall be
reversed and alternated annually.
4. Easter vacation from the day on which school adjourns until
6:00 p.m. on the evening before school resumes with
Mother in 2000 and in even numbered years thereafter and
with Father in 2001 and in odd numbered years thereafter.
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5. If there is a Spring Vacation separate from Easter Vacation,
it will be with Father in 2000 and in even numbered years
thereafter and with Mother in 2001 and in odd numbered
years thereafter.
6. Both parties shall have ten 00) days of vacation time with
both children simultaneously between the adjournment and
the resumption of school, to be taken two (2) blocks, each
of five (5) consecutive days, which may be tacked on to
any other weekend or scheduled visitation of each parent.
Both parents shall give the other not less than sixty (60)
days notice of all summer vacations. The first party to give
notice shall be entitled to those days.
7. July 4th from 8:00 a.m. until 11:00 p.m. with Father in
2000 and in even years and with Mother in 2001 and in
odd years thereafter.
8. Mother's Day weekend from Friday at 6:00 p.m. until
Sunday at 6:00 p.m. with Mother every year.
9. Father's Day weekend from Friday 6:00 p.m. until Sunday
at 6:00 p.m. with Father every year.
10. Each parent shall have physical custody of the children for
attendance at family funerals, near death situations and at
weddings with reasonable notice to the other parent.
11. The holiday schedule and vacation schedule shall take precedence
over the usual visitation schedule.
The parties agree that there shall be reasonable telephone access between the
children and both parents. The parents are encouraged to place telephone calls to the
children between 7:00 p.m. and 10:00 p.m. so as not to interfere with dinner or
bedtime. The children shall be permitted free access to place calls to their parents at
any time they desire.
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The receiving parent shall provide all transportation to implement this
agreement.
The parties have negotiated the custody and partial custody portions of this
Agreement based upon existing circumstances, and in particular, based upon Wife's
and Husband's current residences in Cumberland County, Pennsylvania. If either parent
desires to establish a residence more than twenty five (25) miles from his or her
present residence, he or she shall give the other parent at least ninety (90) days'
written notice in advance of the proposed move, in order to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory
arrangement as to custody and partial custody in light of the changed circumstances.
In the event that the parties are unable to reach an agreement, then the Court of
Common Pleas of Cumberland County shall have jurisdiction over them to fashion an
appropriate custody/partial custody order.
This Stipulation shall be entered as an Order of the Court. Either parent may file
Petition to Modify Custody at any time either feels that changing the legal or physical
custody arrangements is in the best interest of the children.
Karen B se , Michael Bowser,
Plaint- - Defendant
Edward J. WointrYul:
Attorney for Plaintiff
Date: /?N•G- !G r99f
NuNC
Attorney for Defendant
BY THE COURT:
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