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HomeMy WebLinkAbout04-0776NATHAN C. WOLF, ESE ATTORNEY ID NO. e?380 64 SOUTH PITT STREET CARLISLE PA 17043 (7'17) 243-6090 ATTORNEY FOR PLAINTIFF ANGELEE M. GARDNERs Plaintiff KINNITN O. BOWMAN and BARBARA A. BOWMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2004- ~ CIVIL TERM .. : CUSTODY GOMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Nathan C. Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Angelee M. Gardner, (hereinafter "Gardner") an adult individual currently residing at 207 Wealtha Avenue, Building 620, Apartment B, Watertown, Jefferson County, New York. The plaintiff is the sister of the child of whom custody is sought. 2. The defendants are Kinnith G. Bowman and Barbara A. Bowman (hereinafter "Bowmans"), adult individuals currently residing at 105 Pine Road, Borough of Mount Holly Springs, Cumberland County, Pennsylvania 17065. The defendants are the natural parents of the child of whom custody is sought. 3, The Bowmans are the parents of one minor child, namely, Anna H. Bowman (age 17 years, born March 27, 1986) (hereinafter referred to as "child"). 4. The child resided with the Bowmans from the birth of the child until the present. The anticipated effective date of a change in the child's residence is February 21,2004. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court, 6. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the plaintiff have primary physical custody of the child and that the defendants have periods of partial physical custody of the child in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have shared legal custody of the minor child. B. Gardner shall have primary physical custody of the child effective February 21, 2004. C. The Bowmans shall have periods of partial physical custody of the child by their mutual agreement, including any holiday visitation schedule. D. The parties shall share physical custody of the child during summer vacations by mutual agreement. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. H. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the Court. I. While the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantial/permanent modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. ~Sul~reme Court ID 87380 64 South Pitt Street Carlisle, PA 17013 717-243-6090 STATE OF NEVi/YORK : :SS: COUNTY OF JEFFERSON : On this, the ~ day of ~/,~.~>~, 2004, before me, the undersigned officer, personally appeared ANGELEE M. GARDNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and~ficial seal. Iq'O-tary Pubhc COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : (SEAL) ANDREA L. KOL~) NOTARY PUBLIC, S~te of NewYc~k that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han~ and official seal. COMMONWEALTH OF PENNSYLVANIA : :ss: COUN~ OF CUMBER~ND : be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ' Public (SEAL) VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this stipulation are true and correct to the best of our information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. NATHAN C. WOLF, ESQ ATTORNEY ID NO. 11~731e 64 8OuTH PITT STREET CARLISLE PA t7e43 (7t7) 243-SePe ATTORNEY FOR PLAINTIFF ANGELEE M. OARDNEIh Plaintiff YB KINNITH G. BOWMAN and BARBARA A. BOWMAN, Defendlnts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004- 77~' CIVIL TERM CUSTODY ORDER OF COURT consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have shared legal custody of the minor child, Anna H. Bowman (born March 27, 1986, age 17). B. The plaintiff shall have primary physical custody of the child and the defendants shall have partial physical custody of the child by their mutual agreement. C. The parties shall share physical custody of the child on holidays in accordance with their mutual agreement. D. The parties shall share custody of the child during summer vacations by mutual agreement. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F, The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. H In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the Court. I. VVhile the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantial/permanent modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. ANGELEE M. GARDNER and DAVID F. GARDNER, Plaintiff V. KINNITH G. BOWMAN and BARBARA A. BOWMAN, Defendants : IN THE COURT OF COMMON PLEAS OF · ' CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2004-0776 CIVIL TERM : : CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this/O ~' day of March, 2004, by and between ANGELEE M. GARDNER and DAVID F. GARDNER (hereinafter referred to as "Petitioners") and KINNITH G. BOWMAN and BARBARA A. BOWMAN (hereinafter referred to as "Respondents"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, respondents are the natural parents of a minor child, namely, Anna H. Bowman (age 17 years, born March 27, 1986) (hereinafter referred to as "child"); and WHEREAS, Angelee M. Gardner, one of the petitioners herein, and the respondents previously entered into a custody agreement, which agreement was confirmed by Order of Court dated February 23, 2004, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, it is necessary to amend said agreement and order in order to include the name of Angelee M. Gardner's husband, David F. Gardner, as one of the plaintiffs in order to ensure that the child is able to receive medical insurance benefits through his employer; and WHEREAS, the parties wish to enter into an agreement which modifies the existing agreement and order to provide as aforesaid. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. That David F. Gardner shall be added as one of the plaintiff's in this matter and that all references to the plaintiffs and / or to Angelee M. Gardner in the previous agreement and Court Order dated February 23, 2004, shall hereafter be deemed to include David F. Gardner. 2. That David F. Gardner is presently in the U.S. Army and is stationed in Afganistan. Therefore, his wife, Angelee M. Gardner, is signing this agreement on his behalf by virtue of certain powers-of-attorney executed by him on July 28, 2003, copies of which are attached hereto as Exhibit "B". 3. In all other respects, the parties ratify and confirm their pdor agreement which was confirmed by the Order of February 23, 2004 in this matter. WHEREFORE, the parties respectfully request that the court enter an order providing for the legal and physical custo~L~ aforesaid. March ~/~ , 2004 HAROLD S. IR.W. IN,~I~~ Attorney for Pla~ntiffs~__~ 64 South Pitt Street Carlisle, PA 17013 717-243.6090 Supreme Court ID No. 29920 VERIFICATION AN_n CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this stipulation are true and correct to the best of our information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the modification of the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. Donna M Arusiewlcz ,,~ Notary Public - State ~ Qu ' Of New a fled In Jefferson Cou~'~ March/~ , 2004 ~ Rag # 01AR6065632 , ~-~~//~ (SEAL) ~ommisslon Expires 10-22 ~ AN~EE M. GARDNE~ March )~ , 2004 aonna M Arus ewicz , . . tare Of N ..... ~ ~*/~ ~ SEAL . ~e~. 01A~60656~2 ~ ANGELEE M.~OA omm~sslon Expires 10 22-~ M. March/~,2004 ~ ~ ~~EAL) KINNITH G. BOWMAN March .~), 2004 BARBARA A. BOWMAN EXHIBIT "A" Map oB 04 lO:27a David and Rngelae Gardner 315-786-7802 NATHAN C, WOLF, BEG ATTOHHEy ID NO. IT3ill 4;4 SOUTH PITT STREET CARLIELE PA ~7013 (717) E43-E04;0 ATTORNEY FOR PLAINTIFF ANOELEE M. GARDNER, : IN THE COURT OF COMMON PLEAS OF v. Plllntlff ~ CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW KINNITH G. BOWMAN and : NO. 2004- 77~ CIVIL TERM BARBARA A. BOWMAN, : D®fendants : CUSTODY O RDER OF COURT I COnsld I therein, rated and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have shared legal custody of the minor child, Anna H. Bowman (born March 27, 1986, age 17). B. The plaintiff shall have primary physical custody of the child and the defendants shall have Partial physical custody of the child by their mutual agreement. C. The parties shall share physical custody of the child on holidays in accordance with their mutual agreement. D. The parties shall share custody of the child during summer vacations by mutual agreement. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected, G, The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties, H. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the Court, I. While the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantial/permanent modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and~Shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order, BY THE COURT, NATHAN C:. WOLFf ESG ATTORNEY ID NO. 17310 44 SOUTH PITT ITRIEET CARLIILE PA t7e13 (717) 243-80B0 ATTORNEY FOR PLAINTIFF ~RT OF COMMON PL~-~F v. Pleintiff : CUMBERLAND COUNTY, PENNSYLVANIA KINNITH O. BOWMAN and BARBARA A. BOWMAN, Defendants : CIVIL ACTION - LAW : NO. 2004. CIVIL TERM : : CUSTODY .COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Nathan C. Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: I. The plaintiff is Angelee M. Gardner, (hereinafter "Gardner') an adult individual currently residing at 207 Wealtha Avenue, Building 620, Apartment Watertown, Jefferson County, New York. The plaintiff is the sister of the child of whom custody is sought. .c-? ~:.,-~, 2 The defendants are K nn th G Bowman an,~ c~.~. .... (hereinafter "Bowmans"~ adul' :--": .... ,. ....... " ~ ,-u,vlauals currently residing at 105 Pine Ro~d o1' Mount HOlly :springs, Cumberland County, Penns,.Iva.,~.~ ~'.,~ -~ :~. ; .,o ..uoo. i ne defen~.an~are~.~; the natural parents of the child of whom custody is sought. 3. The Bowmans are the parents of one minor child, namely, Anna H. Bowman (age 17 years, born March 27, 1986) (hereinafter referred to as "child"). ~ar 08 O~ i0:28a David and Ancel~e Ga,rdner 315-786-7802 4. The child resided with the Bowrnans from the birth of the child until the present. The anticipated effective date of a change in the child's residence is February 21, 2004. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child Jn this or another court. 6. The plaintiff has no information regarding any ether custody proceeding concerning the child pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the plaintiff have primary physical custody of the child and that the defendants have periods of partial physical custody of the child in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have shared legal custody of the minor child. B. Gardner shall have primary physical custody of the child effective February 21, 2004. Mar 08 O~ lO:2ea ~mvid and Rn:elee Gardner ~15-786-7eo2 ' p. lO C. The Bowmans shall have periods of partial physical custody of the child by their mutual agreement, including any holiday visitation schedule. D. The parties shall share physical custody of the child during summer vacations by mutual agreement. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. H. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the dght to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the Court. I. While the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantial/permanent modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WNEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. 64 South Pitt Street Carlisle, PA 17013 717-243-sos0 STATE OF NEW YORK COUNTY OF JEFFERSON :SS: On this, the ~0 day of 2004 persona, ly appeared ANGELEE~Ec, ,._4:.__b~. e me., the undersigned officer, to be the person whose name is subscribed '~' ~.own to me (or satisfactorily proven) to the within instrument that he executed same for the purposes therein contained, and acknowledged IN WITNESS WHEREOF, I hereunto sat my hand and official seal. ~r~ Public (SEAL) COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND :SS: .. AI~RF~ L KOl.~ NOTARY PUB!JC, $~.te o! I~ York No~ On this, the~day of ~'~.~..~.. 2004 ~_ .,P~ally appeared KINNITH G.B~ ~ . .b~re me, the undersianed nm,~. ue me person whose name is S~I~.~C~'~P~t~ ;LKno~....t°. me (or satisfactorily-prov;~;'~'o" that he execuled same for the ~ ~u me w~m instrument and acknowledged" therein contained. IN WITNESS WHEREOF, I hereunt~o/~t my ha, r~ and official seal. COMMONWEALTu ... ..... ~? , , ~::;~:}:~:~:~,~c COUNTY OF CUM BERLAND :SS: ~,,u.-.,e.~,~ ~ o~ ~ On ' . ,?_o th,s, the ~ aay of ~,~..,,.,~ ,2004, before me, the undersigned officer, personally appeared BARBARA~ BO'~"0'--V--V--V--V--~, known to me (or *;~...-, .... · sa-o,~.~un,y prover~} to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto sat my hand and official seal . No,~ Public ¢'777 _(SEAL) Lam, L. Mo:r~%!'~, Ho~5: Public We do hereby verify that the acts set forth in this stipulation are true and correct to the best of our information and belief. We understand that false statements herein are made subject to lhe penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. BOWMAN EXHIBIT "B" Mar OB O~ lO:2~a ~avid and Rnce,~ee ~,ardne? 315-?BG-?B02 p.2 j ~.~ +~._:=~. ~.,,,~y, CO~nwea]~ ar ~..-o-:~L~ ~.;'?~°ea for ~ of a~--. ~.~=~' "' ~ ~om ~y I at, Po~r oFAlt~ey shall become NULL and VOI~'~~'~ and ~ute it be[o~ F Mar OB 04 lO:27a ~avid and Rn~etee~9$rdner 315-?BB-?B02 p.3 protected from any action lot.~ ~, u.uer :his power o£allomey. ,-. u,~amuty or tn~cl~, b held h~le'a~ ~d ~y aais. or financial offai~ ~.~.~lcxan AT FORT DRLt~, NEW YORK ' ' '" Subaeribcd. swumtoandacknow!edgedb~f?r~rn bY I)AVID F, GARDNER, who is k~own t Armed Force~ of the UniSed States serving on Acltve ~)~ e Jul 8 e me to bca membe~ of Ihe :ca~o~w~]eudnedn~;,.~, e authority 8ran,¢d by 'l',,,c ,0. Unitod ~1; ~ Co~ ~e2c~ nThai:.a .c_k~n°:vl .edgmetl! 1..xecu~ed n my o~c~a! SPECIAL POWER OF ATTORNEY Columbia, or a tenitoty, commonwealth, or passe,sion of the United Stat?. Federal law..s~eaifics that thru l?~r.of attorney shall presented. KNOW ALL PERSONS BY THESE PRESENTS: T~.~at I, D?,.x,'ID F. GARDNER, a n~mber oft'se United States Armed Farce, c exr:-utly at FORT DRUM, NEW YeP. K, pursuant to Military Orders, do hareby appoint ANGELEE M, GARDNER my line and lawful attorney-in-fact to do thc thllowiug in nW name and in my behali~ 1. To do any and all acts necessary and appropriate to receive from the Defense Finance and Accounting Service (DFAS) Office, wherever located, my Leave and Earning Statemant(s) (LES) for thc period beginning July 2003 and ending July 2004 inclusive. To apply for, contract, and receive a loan or loans and to borrow any sums of money or to apply for grants from service relief organizations (e.g., Army Emergency Relief), in my nam~ and upon such terms as my said attorney-in-fact shall see fit and to execute in the name of the undersigned a DD Form 139 and/or such other indanmflies, applications, or other documents which may be requ/red by law or regulation to effect such loan or grant; to receive, endorse, and collect checks payable to the order of the undersignnd obtained pursuant to such loans or grants; to obligate the undersignsd fo; repayment, if warranted, of such assistance. My attorney-in-fact i~ authorized to provide whatever information needed to complete any and all documa:~t.~ re/laested and/or deemed necessary by the sendee relief organization to co,--n,21¢ee an application and to acquire a loan. By signing this Special Power of Attorney, I acknowledge that I will be responsible for repayment, if warranted, of such assistance. Further, I under~tand that notification ofthls assistance will than be sent to me and may be accompanied by and allotment request form which I will then sign and, ifpossthle, have registered, and retm'n as directed by the service relief organization. I u, ~ :rstand that all assistance to my dependents will depend on thc merits of the situation and the policies of tho service relief organization and that any application made on my behalf by my attorney-in-fact does not establish a line of credit at the service ralief organization for my dependents. 2. TO START/STOP/CHANGE AN'IY ALLOTMENTS. TO HANDLE ANY AND ALL FINANCIAL PAPEKWORKING DEALING WITH DFAS. Giving and granting individually unto said attorney full power and authority to do and perform all and any act, deed, matter and thing whatsoever in and about uny of thc sp,:cificd pmiicniars mentioned in the paragraph immediately above, as folly and effectua,y to all intents ;, [ pm'poses as I might and could do in my owu pe~son if personally._. ......... p. resent ..... and/n add;t;on therete, I do i. ~¢b y rs'Iffy and .¥m,~,m each of the acts of my aforesaid l/fturney ]aw~lly c]onc pur~uar, t to the authorily ,,erein above cont'e~-re-~. I HEREBY AUTHORIZE MY ATTORNEY TO INDEMNIFY ANI] HOLD HARMLESS ANY THIRD PARTY WHO ACCEPTS AND ACTS UNDER OR IN ACCORDANCE WITH THIS POWER OF ATTORNEY. Tiffs Power of Attorney shall becoma effective when I sign and execute it below. Further, unless ~oune~ revoked or term/hated by me, this Power of Attumey shall become NUI_L and VOID un Juiy 28, 2004. I intend for this to be a DURABLE Power of Attorney. This Power o:' \ :lomey will continue to be effective if I become disabled, incapacitated, or incompetent; or when ~h, ulted States Government Mar OB O~ lO:27a David and Ance~em'Gerdner 315-?BB-7802 determines thnt I am in a milita~ status of "missing," ~'missing in action," or" prisoner of war." All acts done by my Attorney hereunder shall have the same ei~ot and inure to Ihe bencih of and bind myself and my heirs as it'I were competent, and not disabled, incapacitated, or ineo~ apetertt. I shall be considered disabled or incapacitated for purposes of this power of attorney ifa physician, based on that physician's examination, certifies in writing at a date subsequent to the date whioh this power of attorney is executed, that I alii disabled from or incapable of exercising couirnl over my person, property, personal affairs, or £mancial affairs. I authorize the physician who so ¢¢~lifies, to disclose my physical or mental condition to another person for purposes of this power of attorocy. A third party who accepts this power of attorney, endorsed by proper physician certification of my disability or incapacity, is held harmless and fully protected from any action taken und :r this power of attorney. Notwithstanding my inclusion ot'a specific expiration oate herein, if on ".nd speciiicd oxpimtion date I shoul~ ~e or have been properly certified, ill writing, bI a physician to i.e disabled from or incapable of exerctsmg conlrol over my person, property, personal affairs, or financial affairs, then this Power of Attorney shall remain valid and in full clTect until sixty (60) days after I have recovered from such disability UNLESS OTHER%VISE REVOKED OR TERMINATED BY ME. Furthermore, if on the above-specili~d expiration date, or during the sixty (60) day period prc~.. J ing that specified expiration date, I should bc or have been determioed by the United Stales Govemmenl i, o~- a military statia of"missing." "missing in action," or "prisoocr of war," then this Power of Attorney ~ mi! remain valid and in full effect ontll sixty (60) days after I have rctorned to the United States mllltary coat~,,l following termination of such status UNLESS OTHERWISE REVOKED OR TERMINATED BY .Yll.i. I I~EREBY RATI FY ALl, TIiAT MY ATTORNEY SHALL LAWI :~! LY DO OR CAUSE TO BE DONE BY THIS DOCUI~IENT. All business Iransacted hereunder for me or for my acconnt shall be tran:..~cled in my name, and all endorsements al~d instruments executed by my attorney for the pm'pos,:, 7 c: trying out the f~,regoing powers':~hall ,:ontaln my name, Followed by that of my attorney and'th, si.: nation "attqmey-in-fact.' IN WITNESS WHEREOF, [ sign, seal, declare, publish, make and cos~, Jlul .. tl~is as and for my Power of Attoroey in the presence of the Notary Public witnessing it at my requc '/~da>J'uly 28, 2003. / DAVID F, GIARDN}. "-[ WITH THE ARMED FORCES OF THE UNITED STA I?ES AT FORT DRUM, NEW YORK Subscribed, sworn to and acknowledged before me by DAVID F. ' ~.R.D.NER, who is known to me to be a menther of thc Armed Forces of the United States serving on Actix Dui. on July 28, 2003. This acknowlcdgment is executed in my official/~apaci.*y m~d~r the authoritx ~.~ ~d by Title 10, Un/ted Statee Code, Section 1044a, which also states t] ~? S~is ac..;a,~,vledgment. ~;'f FF SERGEANT, U.S. ARMY Lel~a_ ,ICO Lip AR 27-55, Para 2-2a{. ~ HAROLD 8. IRWINw II1~ ESQ A'FTORNEY ID NO. 2~20 · 4 SOUTH PIT'I' STREET GARLIBLE PA 17013 (7'~7) 243-eGgO ATTORNEY FOR PLAINTIFF A.%'C-'LEE M. GARDNER and DAVID F. GARDNER, Plaintiff V, KINNITH G. BOWMAN and BARBARA A. BOWMAN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-0776 CIVIL TERM : : CUSTODY ORDER OF COURT AND NOW, this ~day of March, 2004, upon presentation and consideration of the attached Stipulation and Agreement, it is hereby ordered and decreed that the attached agreement is made an Order of Court. Edgar B. Bayley, J.