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HomeMy WebLinkAbout03-4439SHELDON E. BOWINGS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 2003- ' 3't civil TEP DONNA J. BOW1NGS, : C1VIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR 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 SHELDON E. BOWiNGS, Plaintiff DONNA J. BOWiNGS, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- ~ q..~q CIVIL TERM : CIVIL ACTION - LAW : iN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF TItE DIVORCE CODE The Plaintiff,. Sheldon E. Bowings, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Sheldon E. Bowings, is an adult individual who currently resides at 220 East Main Street, Dallastown, York County, Pennsylvania 17313. 2. The Defendant, Donna J. Bowings, is an adult individual who currently resides at 46 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 24, 1996 in Tucson, Arizona. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaimiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Sheldon E. Bowings, respectfully requests your Honorable Court to enter a decree in divome pursuant to 23 P.S. § 3301 (c) or 3301 (d) of the Divorce Code. Date: September 2, 2003 Respectfully submitted, One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ~N E~O~W~I~GS, Plaintiff SHELDON E. BOWINJGS, Plaintif~ DONNA J. BOW1NG~, Defend~t I, Lindsay Gi~ matter, hereby accept satisfaction of the Pert DATE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4439 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE grich McClay, Esquire, counsel for Defendant in the above-captioned rvice of the Complaint in Divorce on behalf of Donna J. Bowings, in full ,lvania Rules of Civil Procedure. J~d]say Gingr~tltMcC~y, Esquire ~.~/Saidis Shuff Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant CIVIL ACTION - LAW No. 2003-4439 (In Divorce) PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Petitioner, Donna J. Bowings, by and through her attomeys, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court for an award of alimony pendente lite pursuant to Section 3702 of the Divorce Code (23 P.S. Section 3704): 1. The parties hereto are husband and wife, having been joined in marriage on May 24, 1996. 2. The parties separated on or about March 1, 2003. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Petitioner lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate employment. Petitioner requires reasonable support to adequately maintain her during the pendency of this divorce action in accordance with the standard of living established during the marriage. Respondent is financially able to provide for the reasonable needs of the Petitioner. WHEREFORE, Petitioner prays this Honorable Court to order alimonypendente lite in an amount equal to the Support Guideline amount for the Commonwealth of Pennsylvania. Respectfully Submitted, SAIDIS, SHLrFF, FLOWER & L1NDSAY (._/Eind~ay Ginjgq/~h Mg<_qlay, Esquire O Attorney I.D,~o. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243 -6222 VERIFICATION I verify that the statements made in this Petition for Alimony Pendente Lite 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.A. Section 4904 relating to unsworn falsification to authorities. Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant CIVIL ACTION - LAW No. 2003-4439 (lin 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 divome is indignities or irretrievable breakdown of the marriage, you may request man/age counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 By: SAIDIS, SHUFF, FLOWER & LINDSAY (~7nd~ay Gin~th~M~lay, Esquire Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant CIVIL ACTION - LAW No. 2003-4439 (In Divorce) ANSWER with COUNTERCLAIMS AND NOW, this day of ,2004, comes Defendant, Donna J. Bowings, by and through her attomeys, Saidis, Shuff, Flower & Lindsay, and Answers the Divome Complaint of the Plaintiff, Sheldon E. Bowings, and in support thereof avers as follows: 1. Denied. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and therefore, strict proof thereof is demanded at trial. 2. Admitted. 3. Admitted in part, denied in part. To the extent that said allegation is directed to Defendant, Donna J. Bowings, said allegation is admitted. To the extent that said allegation is directed to Plaintiff, Sheldon E. Bowings, said allegation is denied. By way of fimher answer, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the matter asserted as to Plaintiff and therefore, strict proof thereof is demanded at trial. 4. Admitted. 5. Admitted. 6. Admitted. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELDON E. BOWINGS, Plaintiff CIVIL ACTION - LAW No. 2003-4439 DONNA J. BOWINGS, : 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, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 By: SAIDIS, SHUFF, FLOWER & LINDSAY dC--. {t~nd~ay Gin~_J:/h-M~01ay, Esquire Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant CIVIL ACTION - LAW No. 2003-4439 (In Divorce) ANSWER with COUNTERCLAIMS AND NOW, this __ day of ,2004, comes Defendant, Donna J. Bowings, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and Answers the Divome Complaint of the Plaintiff, Sheldon E. Bowings, and in support thereof avers as follows: 1. Denied. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and therefore, strict proof thereof is demanded at trial. 2. Admitted. 3. Admitted in part, denied in part. To the extent that said allegation is directed to Defendant, Donna J. Bowings, said allegation is admitted. To the extent that said allegation is directed to Plaintiff, Sheldon E. Bowings, said allegation is denied. By way of further answer, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the matter asserted as to Plaintiff and therefore, strict proof thereof is demanded at trial. 4. Admitted. 5. Admitted. 6. Admitted. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 7. Denied as conclusions of law to which no responsive pleading is required. To the extent said allegations are deemed to be factual, it is specifically denied because Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and therefore, strict proof thereof is demanded at trial. 8. Admitted in part, denied in part. To the extent that said allegation is directed to Defendant, Donna J. Bowings, said allegation is admitted. To the extent that said allegation is directed to Plaintiff, Sheldon E. Bowings, said allegation is denied. By way of further answer, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the troth of the matter asserted as to Plaintiff and therefore, strict proof thereof is demanded at trial. 9. Denied as conclusions of law to which no responsive pleading is required. To the extent said allegations are deemed to be factual, it is specifically denied that the marriage is irretrievably broken. WHEREFORE, Defendant, Donna J. Bowings, respectfully requests this Honorable Court deny Plaintiff's request for entry of a Decree in Divorce until such time as the economic issues raised by Defendant, below, are considered. COUNTERCLAIM I - EQUITABLE DISTRIBUTION 10. Defendant incorporates by reference, paragraphs 1 through 9 of her Answer. The parties have, during their marriage, acquired both real and personal 11. property. WHEREFORE, Defendant, Donna J. Bowings, prays this Honorable Court equitably divide the parties' property. SAIDIS SHIJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 12. Defendant Counterclaims. COUNTERCLAIM H - ALIMONY incorporates Paragraphs IL through 11 of her Answer and 13. Defendant, Donna J. Bowings, is without resources sufficient to pay for her reasonable needs. WHEREFORE, Defendant prays this Honorable Court award alimony in an amount sufficient to provide for her reasonable needs. By: Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY (masay Oin Ma&y, Esqdre Supreme Co~ # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant VERIFICATION I verify that the statements made in this Answer with Counterclaims 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.A. Section 4904 relating to unswom falsification to authorities. Date: SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA SHELDON E. BOWINGS, : PlaintifffRespondent : VS. : DONNA J. BOWINGS, : DefendanffPeititioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-4439 CIVIL TERM IN DIVORCE Pacses# 656106095 ORDER OF COURT AND NOW, this 15th day of January, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadda¥ on Februar~ 3t 2004 at 9:00A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE: This Petition will be heard along with PA CSES CID # 666106017 previously scheduled for the same date and time. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on 1-15-04 to: Petitioner Respondent Lindsay Gingrich MaClay, Esquire Thomas Diehl, Esquire Date of Order: Januar~ 15, 2004 BY THE COURT, George E. Hoffer, President Judge R. J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DONNA J. BOWINGS Plaintiff VS. SHE~.DON E. BOWINGS Defendant ) Docket Number ) ) PACSF~I Case Number ) ) Other State ID Number 03-4439 CIVIL 656106095 ORDER AND NOW, to wit on this 16TH DAY OF MARCH, 2004 IT IS HEREBY ORDERED that the © Complaint for Support or © Petition to Modify or (~) Other Alimony Pendente Lite filed on JANUARY 14, 2004 ill the above captioned matter is dismissed without prejudice due to: THE PARTIES REACHING A SETTLEMENT AGREEMENT. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Lindsay Gingrich MaClay, Esquire Thomas Diehl, Esquire Service Type M BY THE COURT:/~ J~Wesley 01_e'~. · ~ ~GE Fo~ OE-506 Worker ID 2x0o5 SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-4439 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 10, 2003, and served on September 26, 2003. 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 Coraplaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DONNA J. BOW~S, Defendan SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, pENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-4439 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION~ THE ENTRY OF A DIVORCE I)ECREE. UNDER §3301(c) OF THE DIVORCE CODE 1. 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me inunediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~A J. BOWI~NGS, Defendanf SHELDON E. BOWINGS, Plaintiff DONNA J. BOWiNGS, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-4439 CIVIL TERM : 1N DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 10, 2003, and served on September 26, 2003. 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREiN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~,- ~C'~- °ff~ SHELDON E. BOWINGS, Plaintiff SHELDON E. BOWINGS, Plaintiff DONNA J. BOW1NGS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4439 CIVIL TERM 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me irnrnediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: SHELDON E. BOWINGS, Plaintiff SHELDON E. BOWINGS,: Plaintiff : : V. : DONNA J. BOWINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-4439 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of July, 2004, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that Defendant's affidavit of consent was filed more than 30 days after its execution, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit. Brian C. Bornman, Esq. Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Lindsay Gingrich McClay, Esq. Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, .I e~l'e37 Oler, kJ, rd :rc SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CIVIL ACTION -. LAW NO. 2003-4439 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSEN. T_._ 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 10, 2003, and served on September 26, 2003. 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~ONNA J:BOWINOIg, Defendant K} SHELDON E. BOWiNGS, Plaintiff DONNA J. BOWINGS, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-4439 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE ]DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me ixmnediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DONNA J. BOWleGS, Defendantkl SEPARATION AND PROPERTY SETTLEMENT AGREEMENT betwee , P ania, party of the first part, hereinafter referred to as "Husband'; ~4ND DONNA J. BOWINGS, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are husband and wife having been married on May 24, 1996, in Tucson, Pima County, Arizona. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page I of 17-- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; and NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: ~4dvice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection and that they fully understand the facts and have been fully informed as to their legal fights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. V/arrantv of Disclosure: The parties warrant and represem that they have made a full disclosure of ali assets and their valuation prior to the execution of this Agreemem. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal --Page 2 of 17- knowledge before their separation of their various assets and debts all of which form the basis of this Aweement between the parties. Personal Rights and Set~aration: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. Agreement not a Bar to Divorce Proceedimrs: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto ofany act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of §3301(c) oftbe Divorce Code of 1980. --Page 3 of 17-- ~4greement to be Incorvorated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. Date o£Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Personal Provertv: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. --Page 4 of 17-- Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. The parties acknowledge that they are joint obligors on a second mortgage owing to Citi Financial, which on or about January of 2004 had a balance of approximately $12,664.30. Additionally, there is a primary mortgage secured by the marital residence located at 46 South East Street, Carlisle, Cumberland County, Pennsylvania. The parties further acknowledge that they are joint obligors on the first mortgage owing to Irwin mortgage, which on or about January of 2004, had an approximate balance of $75,811.00. It is agreed that Wife shall be solely responsible for the primary mortgage held by Irwin Mortgage, and Husband shall be solely responsible for the second mortgage held by Citi Financial. Bankruvtcv: The parties hereby agree that the provisions 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' marital assets and all other rights determined by this Agreement, including alimony, shall be --Page 5 of 17-- subject to Court determination the same as if this Agreement had never been entered into. 10. The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and Husband's 401(k), some portions of which were acquired during the marriage and, therefore, constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated and that the division of property as set forth in this Agreement, represents a fair and equitable distribution. 11. Bank ,4ccounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of acconnting for disposition of any jointly held funds. In the event it is necessary for the parties to execute any documents to waive, relinquish or transfer their rights or interests in the aforesaid accounts, they will do so within fifteen (15) days of being requested to do so by the other party. 12. ,4fter-,4cauired Personal Pronertv: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, --Page 6 of 17-- 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. 13. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: All vehicles in possession of the Husband shall remain the sole property of Husband. Wife agrees that she shall within fifteen (15) days of execution of this document execute any and all documents necessary to have said vehicle properly registered in Husband's name with the Pennsylvania Department of Transportation. Husband shall maintain insurance on and shall assume full responsibility for any encumbrances on the vehicle received by Husband as a result of this transfer and shall hold harmless and indemnify Wife from any loss thereon. b.) All vehicles in the possession of Wife shall remain the sole property of Wife. Husband agrees that he shall within fifteen (15) days of execution of this document execute any and all documents necessary to have said vehicle properly registered in Wife's name with the Pennsylvania Department of Transportation. Wife shall maintain insurance on and shall assume full responsibility for any encumbrances on the vehicle received by Wife as a result of this transfer and shall hold harmless and indemnify Husband from any loss thereon. --Page 7 of 17-- 14. 15. Real Estate: The parties are owners of real estate located at 46~ East Street, Carlisle, Cumberland County, Pennsylvania. It is agreed that the real estate shall be the sole property of Wife. Wife shall be solely responsible for the primary mortgage secured by this real estate and Wife agrees to attempt to refinance the first mortgage at least once every calendar year, in order to remove Huband's name from said obligation. Until such time as Husband's name is removed from the mortgage obligation, Wife agrees to hold Husband harmless for the first mortgage payments. At the time of execution of this Agreement, Husband shall sign a Deed transferring his interest in the property to Wife, which deed shall be held in escrow by Wife's attorney until such time as she is able to refinance the first mortgage solely into her name. Husband shall be solely responsible for the second mortgage held by Citi Financial. Husband agrees to attempt to refinance the second mortgage at least one every calendar year, in order to remove Wife's name from said obligation. Until such time as Wife's name is removed from the second mortgage obligation. Husband agrees to hold Wife harmless for the second mortgage payments. ReciProcal Waivers of Retirement Interests: Except as specifically agreed below, Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. Wife acknowledges that the marital property of the parties' includes any marital portion of Husband's 401K plan through his employment with Giant Foods. The market value of Husband's 401K as on June 30, 2003, was Seventeen Thousand --Page 8 of 17-- 14. Two Hundred Thirty-Nine and 91/100 ($17,239.91). Wife further acknowledges that she has been informed of her right to obtain an independent appraisal/valuation of Husband's 401K, and any marital interest therein, and, not withstanding same, as except otherwise herein provided, Wife hereby waives and relinquishes any right, title, interest or claims she may have in and to Husband's aforesaid 401K. As soon as administratively possible, Husband agrees that he shall transfer six- thousand dollars ($6,000.00) from his 401K to the retirement account of Wife's choosing by means ofa QDRO. Both parties agree to execute any and all documents needed to effectuate this transfer within five (5) days of the request of the other party to do so. Warrant~ as to Post Separation and Future Obligation.~: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other party indenmified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 17. S~ousal Support, ,41imon¥, ,41imonv Pendente Lite, and Spousal Maintenance : a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. --Page 9 of 17-- b.) 18. 19. Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. Cash Disbursement: Husband shall within sixty (60) days of the execution of this document deliver to Wife the amount of $2,227.00. This one (1) time cash payment may be in the form ora disbursement from Husband's 401(k) fund. The parties hereto specifically agreed that Wife was to receive $2,620.00, but that the parties would equally divide any and all penalties (20%) and tax ramifications (10%) of this withdraw from Husband's 401IC, thereby making Wife's net distribution $2,227.00 M,~tual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights --Page 10 of 17-- of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, Co) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 20. Divorce: Husband has commenced an action for divorce against Wife pursuant to §3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 2003-4439 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, at the time of execution of this Agreement, furnish Husband's counsel with signed Affidavits of Consent and a Waivers of Notice of Intention to request the Entry ora Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: --Page 11 of 17-- a.) b.) 21. 22. 23. This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. Beneficiaries of Life Insurance: Husband agrees that he shall maintain life insurance on himself naming Wife's children as beneficiaries until her youngest child reaches the age of eighteen (18) years old. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. Remedy for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. --Page 12 of 17- 24. 25. 26. It is specifically undemtood and agreed that this Agreement constitutes and equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. Summary of Effect of.4ereement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' fights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital proper~j. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. --Page 13 of 17- 27. Mutual Cooperation/Dut~ to Effectuate Agreement: Each party shall at any time and from time to time hereafter, within ten (10) days of a request by the other party to do so take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by thc aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 29. Severabilit~: The parties agree that the separate obligations contained in this agreement shall be deemed to be interdependent. If any term, condition, clause or provision of this agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the agreement may be reviewed and re-negotiated in order to fulfill, as closely as possible, the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the extent permitted by the Divorce Code. --Page 14 of 17-- 30. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal signiftcance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 32. Effect of 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. 33. a.) Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: To Husband in care of Griffie & Associates at 200 North Hanover Street, Carlisle, PA 170 i 3. --Page 15 of 17- b.) To Wife in care of Saidis, Shuff, Flower & Lindsay at 26 West High Street, Carlisle, PA 17013. 34. ..... _ No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 35. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way defied, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 36. Agreement o Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 37. Governin~ Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNES...,SES: ..~ ~ Date ,../" ,] ~ - ~ Date --Page 16 of 17-- SHELDON E. BOWINGS DONNA J. BO~¥N(3~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF C M ~. ~/' I C{ 1/~ : On this ~ ~"~day of ~.) ,2004, before me, the undersigned officer, personally appeared SHELDON E. BOWINGS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1~tary Publ[io~ c/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF : On this ~.~ay of '~?~"~..~ ,2004, before me, the undersigned officer, personally appeared DONN~I J. BOWINGS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. l~otary Public ~ --Page 17 of 17- SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-4439 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT_ I. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September I0, 2003, and served on September 26, 2003. 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : : NO. 03-4439 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE~-~UEST UNDER 3301 c OF THE DIVORCE CODE 1. 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 ifl do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-4439 CIVIL TERM : IN DIVORCE .PRAECIPE TO TRANSMIT RECOR]~ TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service by attorney for Defendant on or about September 26, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff.' June22,2004 by Defendant: May13,2004 (b) (1) Date of execution of the affidavit required by §3301 (d) ofthe Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: June 23, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Sune 23, 2004 Brian C. Bornman, Esquire GRIFFIE & ASSOCIATES ,4ttorney for Plaintiff SHELDON E. BOWINGS, Plaintiff DONNA J. BOWINGS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-4439 CIVIL TERM : 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: I. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service by attorney for Defendant on or about September 26, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: June 22, 2004 by Defendant: July 27, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date °f filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: June 23, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 27, 2004 l~an C. Bornman, gS~lU,re GRIFFIE & ASSOCIATES /lttorney for Plaintiff IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~ PENNA. __ De~endant NO. 03-4439 Civil Term __ DECREE IN DIVORCE AND NOW, ~~~L~ DECREED THAT__ Sheldon E. BOWings AND Donna J. Bowin s ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~/, ,T ,s ORDERED AND , PLAINTIFF, -, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMs WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties, Separation and Pro err Settlement A reement dated Ma 25 2004, is incorporated herein, but not merged. SHELDON E. BOW1NGS, Plaintiff V. DONNA J. BOWINGS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTIOiN - LAW : : NO. 2003-4439 CIVIL TERM : IN DIVORCE $£P 01 2004 QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Plaintiff, Sheldon E. Bowings, and Defendant, Donna J. Bowings, and the subject matter of this Order pursuant to 23 Pa.C.S. §3502; and WHEREAS, Plaintiff, Defendant and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as QDRO) as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"); and WHEREAS, Plaintiff and Defendant have stipulated that the Court enter this Order. NOW THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: a.) b.) c.) d.) Participant shall mean: whose current address is: who was born on: whose Social Security Number is: Sheldon F',. Bowings 202 East Ivlain Street, Dallastown PA 17313 July 26, 1961 464-29-9162 Alternate Payee shall mean: whose current address is: who was born on: whose Social Security Number is: Donna J. ]Bowings 46 South ]East Street, Carlisle, PA 17013 July 6, 1956 116-48-8655 Plan shall mean: Ahold USA Inc. 401(k) Savings Plan for Hourly Associates Plan Administrator shall mean: Ahold USA Inc. e.) Valuation Date shall mean: June 30, 2003 The Alternate Payee is the spouse of the Participant. Participant and Alternate Payee were married on May 24, 1996, and were legally separated on February 15, 2003. The Alternate Payee's interest in the Plan shall be EIGHT THOUSAND SIX HUNDRED TWENTY AND XX/1 O0 ($8, 620. 00) DOLLARS as of the Valuation Date. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Al'ternate Payee pursuant to the administrative procedures established for the Plan. The Alternate Payee's award IS NOT entitled to earnings (dividends, interest, gain and losses) from the Valuation Date to the date that the award is segregated from the Participant's account. In the event that there is an outstanding loan balance as of the Valuation Date; the loan balance WILL NOT be included for purposes; of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. The parties shall cause an original Court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Investments Institutional Operations Company, Inc., forthwith. This Order shall remain in effect until further Order of this Court. 10. Nothing contained in the Order shall be constraed to require any Plan or Plan Administrator: a.) 11. b.) c.) to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order; which ha..s been determined to be a QDRO, before this Order is determined to be a QDRO. Neither party shall accept any benefits from the Plan which are the property of the other party. In the event that the Plan Admini:strator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith retuna such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith remm such benefits to the Plan. 12. The Plan and its sponsor and fiduciaries shall no~I be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining and enforcing this Domestic Relations Order. Date: BY THE COURT, Brian C. Bomm~n'~ Esquire Attorney for Plaintiff/Participant DATE SHELDON E. BOWINGS Plaintiff/Participant ~in~sey Gin~ch I~cClay, Esqu~ 13AT]~ Attorney for Defendant/Alternate Payee D~)NNA J. BO~INGS '~ Defendant/Alternate Payee ~ide~i~y Investments QDRO Administration ALTERNATE PAYEE INFORMATION SOCIAL SECURITY NUMBER FIRST NAME MIDDLE NAME LAST NAME DATE OF BIRTH (MMDDYYYY) PHONE NUMBER STREET ADDRESS I'~1~,1 Islol,,I,l~,l I~1,1~1,1 I I I I STREET ADDRESS CONTINUED CtTY STATE ZiP CODE ALTERNATE PAYEE ATTORNEY INFORMATION FIRM NAME Isl,~ I~ Idl~k I, Isl~, ** I-~1: IFI, FIRST NAME I~-I~ I~1,~1~1.~1~,1 I I I I II LAST NAME Ir~l,l~l.,l~l~l~l~l I~lc ~1~ v SUFFIX PHONE NUMBER FAX NUMBER bi, b I~-I~1~1~, '*1~ ~, STREET ADDRESS I'~1~1 I~l,.I,~bl STREET ADDRESS CONTINUED I~1+1,'1~1,-I+1 I CITY le I,~1,'1, I; I,~1,1'1 STATE ZiP CODE ILI;I-I,**I,Ivl I I~1¢1~1~1 I I I IIIII I I I111111 I ~FideIity ln~,estments QDRO Administration PARTICIPANT INFORMATION SOCIAL SECURITY NUMBER I.~ I ~ I'~1~-I~ k l~ I~1~-I FIRST NAME Isl~l~ ~1~1o1~111111 I MIDDLE NAME IN ORDER TO I~pED[.TI~ ~THE PROCESSING OF YOUR ORDER, PLEASE COMPLETE THIS FORM AND FORWARD IT ALON'G WIYH ~OUR' ORDER TO: FESCLLC - QDRO Administration Group P.O. Box 770003 Cincinnati, OH 45277-0066 A'i-I'N: Ahold USA, inc. LAST NAME I~1~1,~1~ ~1~1~ I DATE OF BIRTH (MMDDYYYY) I01~l~-I~l~h I~lll STREET ADDRESS ~101-~1 I¢1¢ ~ 4 I~1¢1i1~1 I I I I STREET ADDRESS CONTINUED l~l+kl~l~l,I I I I I I I I I I I I CITY I~l~lnl~l,,I,l~lo ~1 I Iol STATE ZIP CODE PHONE NUMBER PARTICIPANT ATTORNEY INFORMATION FIRM NAME I~1~1; Iflflfl¢l IJJ~l FIRST NAME I~PI~ I~1~1 I I I I .11 LAST NAME 1,1o1~1o1~1~,1~1 I I I I SUFFIX PHONE NUMBER 1,1~ I~1.1~1 ~1~1~1~1, I FAX NUMBER 1',1 ,I-~1 ~-I,~ I'~1'~ Io I ~1 :~1 I^l~k o1~1~1~1¢1¢1~1 I I STREET ADDRESS I I I I~-I01ol I~1o1.1+1~1 STREET ADDRESS CONTINUED I I I Isl+l~l~l~l+l I I I CITY I~,1~1~1 ~1,' I~1 ll~l I STATE ZIP CODE I lllillllliillilllllllllilli]llliill 4 6 C O 0 2 0 8 M SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle. PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELDON E. BOWINGS, Plaintiff CiVIL ACTION - LAW V. DONNA J. BOWINGS, Defendant No. 2003-4439 (In Divorce) NOTICE OF INTENTION TO RESUME pRIOR NAME NOTICE IS HEREBY GIVEN that Domaa J. Bowings, Defendant in the above- captioned matter, having been granted a Final Decree in Divorce on August 4, 2004, hereby intends to resume and hereafter use the previous name of Donna J. Ciecierski, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. Donna J. Bo~in~s, Petitioner DOnna J. Clee~erski COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : ON this, the _ '"7~:~'x day °f~~' 2004' bef°re me' a N°tary Public, personally appeared Donna J. Bowings, now to be known as Donna J. known to me or satisfactory proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. [ M~Ca~] ~U~oOcT~u V p~.O ~UC [~ -~f Notary~ublic COMMISSION EXPIRES JUNE 8, 20~6