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Home My WebLink About10-1746SAIDIS, FLOWER & 26 West High Street Carlisle, PA SHARON A. BOWSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. • n +v CIVIL ACTION - LAW -- Cra NO. 3n GLENN H. BOWSER, Defendant IN DIVORCE o -n 7 rn NOTICE TO DEFEND co C YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & Carol J. Linds Attorney Id. 44695 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Y 3 00 11- 1 tdt J-703S' Q-0 a 3 cr7 (o Y SHARON A. BOWSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLENN H. BOWSER, NO 16 _ 17 y? 4, ( fern. Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Sharon A. Bowser, an adult individual, residing at 5 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania, since at least July 2007. 2. The Defendant is Glenn H. Bowser, an adult individual, residing at 1944-A Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania, since July 2007. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 19, 1974 in Fort Belvoir, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance SAIDIS, FLOWER & I.WDSM 26 West High Street Carlisle, PA with §3301 of the Pennsylvania Divorce Code. SAIDI=LOkER & Y Carol J. Lindsa , E quire Attorney Id. 44 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. haron Bowser Date: SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA SHARON A. BOWSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 2010-1746 ~ ~s GLENN H. BOWSER, ~_ : Q Defendant IN DIVORCE ,-:r~ -~'; ~.° - ~ rn~ co AFFIDAVIT ~ ~c~'~ -- ~ j rr~ I, Robert W. Lindsay, Constable, an adult individual not a party to theabo~is-ref~enced action, being duly sworn' according to law, hereby deposes and says that on March ~, 2010, at 1 ~~ ANI~ J' I served a Divorce Complaint, by hand delivering the document to Glenn H. Bowser at 6695 Carlisle Pike, Mechanicsburg, Pennsylvania. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn Robert W. Ch~Pdsay, Consta P.O. Box 224 Shippensburg, PA 17257 SAIDIS, FTAWER Sz LINDSAY nr~owvexs•~ uw 26 West High Stree[ Cazlisle, PA Sworn to and subscribed before me this /(~ day of March, 2010. Cerlisl~ ~E`~~~-~ ~ry Ph61Ic M Commission E ina lun011 f'" THE FID-FFI PROTHO rt1py ZfO DEC 20 I'M 3.20 ['DMBERLAND coUtj T',` PENNSYLVANIA SHARON A. BOWSER Plaintiff V. GLENN H. BOWSER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1746 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Withdraw the appearance Carol J. Lindsay, Esquire on behalf of Sharon A. Bowser. Date: I Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID. No. 32112 on behalf of the Plaintiff, Sharon A. Bowser. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: r -] {0 DCLIFF, ESQUIRE SHARON A. BOWSER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V S. . GLENN H. BOWSER ; NO, 1746 20 10 . M CZ) ~ a~~~E Defendant • ~ ~ MOTION FOR APPOINTMENT OF MASTER GLErrN H. BowSER Defendanc , moves the court to appoint a master with ~sg~~gct to ~ C.~ the following claims: e~ c~._, : QX Divorce X? Distribution of Property =4z) Z c.~ ? Annulment ? Support ~ • • ~ ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses - and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant h- appeared in the action (personally) (by his attorney,_ Maria P. Cognetti Esquire). , 3. The staturory ground (s) for divorce is Irretrievable breakdown of marriage under 3301(c) and 3301(d). 4. Delete the inapplicable paragraph (s): A? B? C X? a. The action is not contested. b. An aQreement has heen reached with resnect to the followine claims: C. The action is contested with respect to the followinQ claims: All claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) days 7. Additional information, if anv, relevant to the motion: Plaintiff s a or y is Diane G. Radclif ~ quire 4fe Date:A rney fo n ~ MARIA P. COGNET'TI, ESQUIRE Print Name ORDER APPOINTING MASTER AND NOW 120 , Esquire, is appointed master with respect to the following claims: By the Court, J. I I SHARON A. BOWSER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. GLENN H. BOWSER NO. 1746 20 10 ?-- ?, ' r-n CO t rn tJ Defendant MOTION FOR APPOINTMENT OF MASTER <' P #,s ct to GLENN H. BOWSER Defendant moves the court to appoint a master with the following claims: X? Divorce X? Distribution of Property ? Annulment ? Support 77 ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Maria P. Cognetti 3. The staturory ground (s) for divorce is irretrievable breakdown of marriage under 3301(c) and 3301(d). Delete the inapplicable paragraph (s): A E1 BE] C X? a. The action is not contested. b. An agreement has been reached with resnect to the following claims: C. The action is contested with respect to the following claims: All claims. 5. The action does not involve complex issues of law or fact. The hearing is expected to take one (1) r.s c? O .c Gll W w co days Esquire). C'S C -10M mica zrn z? Ln r' ?D r-= C? 2C D, C 7. Additional information, if anv, relevant to the motion: Plaintiffs a o y is Diane G. RadctArney uire Date: fo 4Deleflq MARIA P. COGNETTI, ESQUIRE Print Name ORDER APPOINTING MASTER ? ? ,, / AND NOW ?.J 2011 (? ?%?% J? `M Esquire, is appointed master with respect to the following claims: aA Net, e- eade 1-7 CDPi t-S Ma Jed l1 /l.i f / l By the Court, J. C a Ca C ?. r? -n "1 r" brn ?'C7 -a C.) s -n O C-) _m T? 4A• -c FILED -OFFICE O THE PROTHONOTAR 2011 NOV 21 PM 2= 38 CUMBERLAND COUNTY PENNSYLVANIA MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHARON A. BOWSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GLENN H. BOWSER, Defendant DOCKET NO. 1746-2010 CIVIL ACTION -LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you, or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated on June 1, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: &/1 / c GLENN H. BOWSER r fl ED-Or ICL OF THE PROTHONOTARY ZO I I DEC 29 AM C i - 45 CUMBERLAND COUNTY PENNSYI YANtA ?i 'IR M?R.Z? Y41 ??Ylu L SHARON A. BOWSER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1746 GLENN H. BOWSER CIVIL ACTION - LAW Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): [x] (a) I do not oppose the entry of a divorce decree. [ ] (b) I oppose the entry of a divorce decree because Check (i), (ii) or both: [ ] (i) The parties to this action have not lived separate and apart for a period of at least two years. [ ] (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): [ ] (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. [x] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: PAM. g gall HARON A. BO , SER, Plaintiff NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER NO. 10-1746 M Plaintiff '' CIVIL ACTION - LAW w V. IN DIVORCE - i GLENN H. BOWSER ° A Defendant : -_ ?' -mac MOTION FOR APPOINTMENT OF MASTER Submitted by: Plaintiff, Sharon A. Bowser PREVIOUSLY ASSIGNED JUDGE None DIVORCE MASTER: E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street, Carlisle, PA 17013 Phone: (717) 240-6535 Email: belicker _ccoa.net APPEARANCE FOR PLAINTIFF: Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliff0com cast. net APPEARANCE FOR DEFENDANT: Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 Phone: 717-909-4060 Fax: 717-909-4068 E-mail: cognettilaw -aol.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER Plaintiff NO. 10-1746 CIVIL ACTION - LAW V. GLENN H. BOWSER Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Sharon A. Bowser, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ ] Divorce [ ] Distribution of Property [ ] Annulment [ j Support [x] Alimony [x] Counsel Fees [x] Alimony Pendente Lite [x] Costs and Expenses In support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party [X] has [ ] has not appeared in the action [ ] personally [X] by his attorney, Maria P. Cognetti, Esquire. 3. The statutory ground for the divorce is Section 3301 (c) and Section 3301(d) No-Fault. 4. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 5. The action (involves) (does not involve) complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: None Date: t I ?3n ? I ( I , EkQUIRE orn laintiff ORDER APPOINTING MASTER AND NOW, , 20 , E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: [x] Divorce [ ] Annulment [x] Alimony [x] Alimony Pendente Lite [x] Distribution of Property [ ] Support [x] Counsel Fees [x] Costs and Expenses BY THE COURT: JUDGE MOVING PARTY Sharon A. Bowser Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 NON MOVING PARTY Glenn H. Bowser Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717) 909-4060 . , h C rnm x ? rq F4 e„r i m -?)' z ? Q tC' 'o c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER Plaintiff V. NO. 10-1746 CIVIL ACTION - LAW IN DIVORCE GLENN H. BOWSER Defendant PLAINTIFF'S PETITION RAISING ECONOMIC CLAIMS Submitted by: Plaintiff, Sharon A. Bowser PREVIOUSLY ASSIGNED JUDGE None DIVORCE MASTER: E. Robert Elicker, 11, Esquire Office of the Divorce Master 9 North Hanover Street, Carlisle, PA 17013 Phone: (717) 240-6535 Email: belicker&- cpa.net APPEARANCE FOR PLAINTIFF: Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliff@comcast.net APPEARANCE FOR DEFENDANT: Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 Phone: 717-909-4060 Fax: 717-909-4068 E-mail: cognettilaw ,.,aol.com CL`1.? d' C . F. CtA I Co 87,? ork-91.q UD9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER NO. 10-1746 Plaintiff : V. GLENN H. BOWSER Defendant : CIVIL ACTION - LAW 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER NO. 10-1746 Plaintiff CIVIL ACTION - LAW V. GLENN H. BOWSER Defendant IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC CLAIMS Petitioner, Sharon A. Bowser, by her attorney, Diane G. Radcliff, Esquire, this Petition for Economic Claims and represents that: 1. Petitioner is Sharon A. Bowser, the Plaintiff in the above captioned case. 2. Respondent is Glenn H. Bowser, the Defendant in the above captioned case. 3. This action was commenced by the filing of a Divorce Complaint by the Petitioner on March 10, 2010. 4. In the Divorce Complaint the Petitioner raised the following claims: Divorce under Sections 3301(c) and 3301(d). 5. On November 9, 2011, Respondent filed an Answer and Counterclaim in which he raised the following claims: Divorce under Sections 3301(c) and 3301(d) and Equitable Distribution. 6. Petitioner wishes to raise the following economic claims in this Petition as permitted by law. PETITIONER'S COUNT I EQUITABLE DISTRIBUTION 7. Petitioner incorporates by reference the averments set forth in Paragraphs 1-5 herein as fully as though the same were set forth at length. 8. Respondent and Petitioner have acquired property and debts, both real and personal, during their marriage from the date of marriage to the date of separation, all of which is -3- "marital property". 8. Respondent and/or Petitioner have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 9. Respondent and Petitioner have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Petitioner requests this Honorable Court to equitably divide all marital property and debts of the parties. PETITIONER'S COUNT III ALIMONY PENDENTE LITE, ALIMONY 10. Petitioner incorporates by reference the averments set forth in Paragraphs 1-09 herein as fully as though the same were set forth at length. 11. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 12. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Petitioner requests this Honorable Court to enter an award of alimony in favor of Petitioner. PETITIONER'S COUNT IV COUNSEL FEES AND COSTS 13. Petitioner incorporates by reference the averments set forth in Paragraphs 1-12 herein as fully as though the same were set forth at length. 14. Petitioner has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 15. Petitioner is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Petitioner requests this Honorable Court to enter an award of interim -4- counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Dated: Respectfully, Submitted, DCLIF , UIRE (Sb urt ID No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Email: dianeradcliffO-)comcast.net Attorney for Plaintiff -5- VERIFICATION I verify that the statements made in this Petition are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. I SHARON A. BOWS Date:? 1 fia, ? ?z CERTIFICATE OF SERVICE I Diane G. Radcliff, Esquire, hereby certify 1 am serving a true and correct copy of the foregoing document: ON THE FOLLOWING DATE: December 30, 2011 IN THE FOLLOWING MANNER(S): Service by First Class Mail UPON THE FOLLOWING PERSON(S) ADDRESSED AS INDICATED BELOW: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (Counsel for Defendant) Date: December 30, 2011 DCLIFF, ESQUT? ( egistration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Plaintiff, Sharon A. Bowser ZM ;Z;v r _77 r-,• C'n . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER Plaintiff V. NO. 10-1746 CIVIL ACTION - LAW IN DIVORCE GLENN H. BOWSER Defendant PLAINTIFF'S RULE 1920.33 PRE-TRIAL STATEMENT Submitted by: Plaintiff, Sharon A. Bowser PREVIOUSLY ASSIGNED JUDGE None DIVORCE MASTER E. Robert Elicker, II, Esquire 9 North Hanover Street, Carlisle, PA 17013 Phone: (717) 240-6535 APPEARANCE FOR PLAINTIFF Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliff@comcast.net APPEARANCE FOR DEFENDANT Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Phone: 717-909-4060 Fax: 717-909-4068 E-mail: cog nettilaw(a)_aol.com f? Date: January 6, 2011 G. ADCL SQUIRE INFORMATIONAL NOTES 1. The values used in the various Tables herein may be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 2. Any adjustment figure(s) that appear in the various Tables herein are for illustration purposes only and are not to be deemed a representation that an adjustment should be made or that the amount of the adjustment, is appropriate. ABBREVIATIONS H .......................... Husband W .......................... Wife C .......................... Child or Children A .......................... Appraisal S .......................... Stipulation Est .......................... Estimate G .......................... Gift .......................... Inheritance NM .......................... Non-Marital Property KBB .......................... Kelley Blue Book Value NADA .......................... NADA Value TIV .......................... Trade in Value PPV .......................... Private Party Value RE .......................... Real Estate V .......................... Vehicle INV .......................... Investment CD .......................... Certificate of Deposit ACT .......................... Account INSURANCE .......................... Insurance B .......................... Business PSP .......................... Profit Sharing Plan PEN .......................... Pension Plan RET .......................... Retirement Plan HG .......................... Household Goods D .......................... Debt 2 .11 SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES Description Husband Wife Name Glen H. Bowser Sharon A. Bowser Maiden Name N/A Sharon A. Lomasney Address 208 Elizabeth Road San Antonio TX 78209 5 Tiffany Drive Carlisle, PA 17015 Date of Birth 11/4/1946 9/9/1944 Age 65 67 Health Status Good - some high BP Good Educational Background GED High School Graduate Names and Relationship of Persons Living with Party Liz Halsey, girlfriend None Date Moved to Current Home 3/2010 12/1991 Date PA Residency Began 1989 (ended 3/2010) 1989 Current Military Service N/A N/A Number of Marriages 2 1 Employer Retired Gro Green (Ashcombe Farms) Occupation (Job Position) N/A seasonal stocking/clerk Date Employment Began N/A Spring 2008 Est. Gross Monthly Income Social Security: $TBD CSRS: $$7,546 Total: TBD Ashcombe: $528.69 UC: $172.67 CSRS: $1,987 Social Security: $258.90 Total Gross $2,947.26 Total Net: $2,333.87 TABLE #1-B MARRIAGE INFORMATION Description Information Date of Marriage 10/19/1974 Place of Marriage Ft. Belvoir, Virginia Date of Separation 7/27/2007 Grounds for Divorce 3301(c) or 3301(d) Prior Divorce Actions Between Parties None TABLE #1-C CHILDREN OF THIS MARRIAGE Name Age Year of Birth School Grade Custodian or Emancipation Gary M. Bowser 35 1976 N/A Emancipated Ronald G. Bowser 32 1979 N/A Emancipated TABLE #1-D SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Party Paying Support Husband Beneficiaries of Support Wife Amount of Support $2,280/mo Date of Agreement or Order 5/16/11, effective 4/1/11 Docket Number of Support Order 00304 S 2011; Pacses # 030112384 TABLE #1-E CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES pArty Name of Child Year of Birth Acme Custodian or Emancipation Husband Christina Bowser 1969? 41? Emancipated TABLE #1-F SUPPORT/ALIMONY FOR PRIOR MARRIAGES/RELATIONSHIP Description Information Information Name of Party Paying Support N/A N/A Beneficiaries of Support N/A N/A Date of Agreement or Order N/A N/A Docket Number of Support Order N/A N/A Comments: N/A N/A TABLE #1-G PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date 3/10/2010 Date of Service 3/11/2010 Manner of Service Hand Delivery Type of Divorce Requested 3301(c) or 3301(d) Economic Claims Raised None Type of Pleading Plaintiffs Petition Economic Claims Pleading Filing Date 1/3/12 Economic Claims Raised Equitable Distribution; Alimony, Counsel Fees & Costs ANSWER, COUNTERCLAIM AND/OR OTHER PLEADINGRAISING ECONOMIC CLAIMS Type of Pleading Defendant's Answer & Counterclaim Pleading Filing Date 11/9/11 Type of Divorce Requested None Economic Claims Raised Equitable Distribution INCOME AND EXPENSE STATEMENTS Plaintiff's I&E Statement Filing Date Concurrent Defendant's I&E Statement Filing Date None INVENTORIES Plaintiff's Inventory Filing Date None filed Defendant's Inventory Filing Date None filed 3301 C DOCUMENTS Plaintiff's 3301(c) Affidavit Date Plaintiff's 3301(c) Affidavit Filing Date Defendant's 3301(c) Affidavit Date Defendant's 3301(c) Affidavit Filing Date TABLE #1-G PROCEEDINGS INFORMATION: 3301 D DOCUMENTS Date of Separation 7/27/2007 2 Year Separation Date 7/27/2009 Defendant's 3301(d) Affidavit Date 11/16/2011 Defendant's 3301(d) Affidavit Date Filing Date 11/21/2011 3301 (D) Affidavit Service Date 11/23/11 Manner of Service of 3301(d) Affidavit Regular Mail Date of Plaintiffs 3301(d) Counter-Affidavit 12/8/11 Date of Filing of Plaintiffs 3301(d) Counter-Affidavit 12/29/11 Date of Notice of Intent to Request Entry of Divorce Decree Date of Service of Notice to Request Entry of Divorce Decree Manner of Service of Notice to Request Entry of Divorce Decree BIFURCATION Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: TABLE #2 Sharon A. Bowser V. Glenn H. Bowser DOM: 10.19.74 • DOS: 7.27.07 (32.75 yrs) A B C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calculation Value Husband Wife NPRAfTn"aff Amom REAL ESTATE AND REAL ESTATE MORTGAGES RE-1 5 Tiffany Drive, Carlisle Est 349,000 RE-1 Wells Fargo Mortgage 12.28.11 (310,588) RE-1 7% Cost of Sale Est (24,430) RE-1 Total RE--1 12 Divide by Divide by Divide by MOTOR VEHICLES AND VEHICLE LIENS V-1 Jt. 1998 Olds 88 (W) 9.28.10 &560 2,560 2,560 V-2 Jt 2002 Cadillac (H) 9.28.10 U0 5,650 5,650 V-3 H's 2004 HD Motorcycle 9.28.10 9,010 9,010 9,010 V-3 Comments: Value to be revised to 7.07 values CAS H, CHECKING AND SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES A-1 Jt. Members 1s1 #0968 HP A-1 Checking 12.31.10 365 A-1 Savings 12.31.10 9 A-1 Total A-1 #0968 12.31.10 374 374 374 8 TABLE #2 Sharon A. Bowser V. Glenn H. Bowser DOM: 10.19.74 * DOS: 7.27.07 (32.75 yrs) A B C D E Binder Description Date Net Value Distribution Calculation Value A-2 Jt. Members 15' #74 79 WP A-2 Checking 12.31.10 57 A-2 Savings 12.31.10 2.006 A-2 Total A-2 #7479 12.31.10 U63 2,063 A-3 Jt Energy FCU #7300 HP A-3 Checking 12.31.10 114 A-3 Savings 12.31.10 55 A-3 Total A-4 #7300 -- 169 169 A-4 Jt Energy FCU #3200 WP 12.31.10 i34 134 A-5 H's PFCU 01-9 12.31.10 32 32 A-6 W'S PFCU #9251 10.16.11 99 99 TOTAL - NON-RETIREMENT ASSETS 20,091 F G Distribute to Distribute to Husband Wife 2,063 169 134 32 99 15,235 PENSION AND RETIREMENT PLANS PEN-1 W's CSRS Total 8.8.11 388,466 PEN-1 W's CSRS NM Value 8.8.11 (48;558) PEN-1 W's CSRS SS Offset 8.8.11 (159,599) PEN-1 W's CSRS Marital Value 8.8.11 1 0 309 180,309 PEN-1 Comments: Wife's total Non-marital and SS offset = $208,157; MV is 46% (180,309 = 388,466 =. 4642) MV (46) of $1,9181mo = $8821mo PEN- W's CSRS Survivor's 8.8.11 47.849 47,849 47,849 1.A Benefits for H PEN- Comments: If H predeceases W, Wife will receive survivor's benefits @ $1,1801mo 1.A 4,856 180,309 9 TABLE #2 Sharon A. Bowser V. Glenn H. Bowser DOM: 10.19.74 • DOS: 7.27.07 (32.76 yrs) A B C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calculation Value Husband Wife PEN-2 H's CSRS Total 8.8.11 1,489,616 PEN-2 H's CSRS NM Value 8.8.11 (411,134) PEN-2 H's CSRS SS Offset 8.8.11 1( 94.066) PEN-2 H's CSRS Marital Value 8.8.11 884.416 884,416 437,531 446,885 PEN-2 Comments: Husband's total Non-Marital and SS offset = $605,200; Total to Husband : Marital @ $437,531 & NM @ $414,134 - SS offset @ $194,066 = $1,042,731 - $1,489,616 = 70% x 7,546 = $5,282.20 per month Total to Wife: 446,885 - 1,489,616= 30% x 7, 546/mo = $2, 263.80/mo Distribution to be made on percentages not on $ amount: 30% of total to wife PEN- H's CSRS Survivor's 8.8.11 209818 209,818 209,818 2.A Benefits for W PEN- Comments: If W predeceases H, Husband will receive survivor's benefits @ $4, 593/mo 2.A RET-1 H's IRA (prior TSP) Est 96,358 48,179 48,179 12.31.07 T, INQ NNIM % AM REM YT PLAN T QA TOTALS - RETIREMENT PLANS 1,418,750 533,559 885,191 F 3 'hII . y2SE{g,4i 1 . n l: r 1 r '{ 1J? r 1 r .t :i D-1 H's PFCU Visa 12.16.11 11899 (11,899) (11,899) D-2 Sallie Mae Parent Plus 7.2.10 15,2.5, (15,250) (15,250) D-3 H's Pentagon FCU LOC 12.31.11 $ 277 (8,277) (8,277) D-4 H's Dell Deferred 12.15.10 3( .020) (3,020) (3,020) D-5 Amer. Ed Services 12.31.11 21 041 (21,041) (21,041 10 TABLE #2 A B Binder Description D-6 W's Members 1' Visa D-7 Jt. Members 15' Visa ?pgg t???`c r'n1 rig, KF TOTAL - DEBTS Sharon A. Bowser V. Glenn H. Bowser DOM: 10.19.74 • DOS: 7.27.07 (32.75 yrs) C D E Date Net Value Distribution Calculation Value 12.27.11 7(= 667) (7,667) 12.27.11 7 a (7,233) v * g qn, 3 (74,387) F Distribute to Husband G Distribute to Wife (7,667) (7,233) (38,446) (35,941) Non-Retirement Asset Total 20,091 15,235 4,856 Retirement Plan Total 1,418,750 533,559 885,191 All Assets Total 1,438,841 548,794 890,047 Debt Total 7( 4.387) (38,446) 3( 5,941) Net Estate Totals 1,364,454 510.348 854,106 Percentage of Distribution 37.40% 62.60% 11 SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS The following Tables #3-A and # 3-13 set forth the household goods and contents and other personal property of the parties: ' Plaintiff does not believe there is or will be a dispute as to the parties household goods and contents and therefore, Tables #3-+A and #3-13 have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY' IN HUSBAND'S POSSESSION NO. OWNER POSSESSOR VALUE EXCLUSION BASIS IF NON-MARITAL Not in Dispute H & W Husband NO. TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION BASIS IF NON-MARITAL Not in Dispute H & W Wife ' Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 12 SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: 2 TABLE #4 NON-MARITAL PROPERTY AND DEBTS A B C D E F Description Marital Value NM Value Total Value Exclusion Basis if Supporting Non- Marital Documents H'S CSRS 884,416 605,200 1,489,616 PM - SS Offset Value Report W's CSRS 180,309 208,157 388,466 PM - SS Offset Value Report 2 Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 13 I SECTION V. PENSIONS AND RETIREMENT BENEFITS The following Table #5 sets forth the listing of the pensions and retirement plans of the parties: TABLE #5 RETIREMENT PLANS Binder Description Date Net Value Calculation PEN-1 W's CSRS Total 8.8.11 388,466 PEN-1 W's CSRS NM Value 8.8.11 (48,558) PEN-1 W's CSRS SS Offset 8.8.11 15( 9,599) PEN-1 W's CSRS Marital Value 8.8.11 180,309 PEN-1.A W's CSRS Survivor's Benefits for H 8.8.11 47,849 PEN-2 H's CSRS Total 8.8.11 1,489,616 PEN-2 H's CSRS NM Value 8.8.11 (411,134) H's CSRS SS Offset 8.8.11 (194,066) H's CSRS Marital Value 8.8.11 884,416 PEN-2.A H's CSRS Survivor's Benefits for W 8.8.11 209,818 RET-1 H's IRA (prior TSP) Est 12.31.07 96,358 14 SECTION VI. INCOME AND EXPENSES The following Table #6-A sets forth the incomes of each party as reported on his or her filed Income and Expense Statement: TABLE #6-A INCOME OF THE PARTIES PARTY INCOME DATE OF FILING OF INCOME STATEMENT Husband TBD None filed Wife $5,227/mo gross Concurrent The following Table #6-B sets forth the total monthly expenses of each party as reported on his or her filed Income and Expense Statement: TABLE #6-B MONTHLY EXPENSES OF THE PARTIES PARTY TOTAL MONTHLY EXPENSES DATE OF FILING OF I& E STATEMENT Husband TBD None Filed Wife $5,661.71 Concurrent 15 SECTION VII. COUNSEL FEES The following Table #7 sets forth the listing of Plaintiffs counsel fees and expenses. TABLE #7 COUNSEL FEES AND COSTS Description Dates, Bills and Charges Period Services Were Rendered 12/14/10 to 12/31 /11 Hourly Rate $200 through 12/31/11 $250.00 effective 1/1/12 Total Amount of Fees and Costs to Date of this Statement $7,045.00 Anticipated Fees and Costs $5,000 Itemization of Services Rendered See Exhibit Section 16 SECTION VIII. EXPERT WITNESSES The following Table #8 sets forth the listing of experts the party intends to call to testify in this case: TABLE #8 EXPERT WITNESSES Name Subject of Report Attached Report to Be Testimony Supplied Experts who prepared any To be determined Report is attached if If not currently report referenced in the and to extent such available, Report to Proposed Exhibits in report is referenced be supplied as soon Section XI. in Exhibit Section. as available Plaintiff reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. SECTION IX. OTHER WITNESSES The following Table #9 sets forth the listing of lay witnesses the party intends to call to testify in this case: TABLE #9 LAY WITNESSES Name Subject of Testimony Sharon A. Bowser History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code Plaintiff reserves the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. 17 7 SECTION XI. PROPOSED RESOLUTION The following is Plaintiffs proposed resolution of the issues presented in this case: 1. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301c or 3301 d. 2. EQUITABLE DISTRIBUTION: (A) The parties' marital assets and debts are comprised of the following: MARITAL ASSETS AND DEBTS Description Net Value Calculation Distribution Value ASSETS 5 Tiffany Drive, Carlisle (Est Sale Net) 13,982 Sell & Divide by % Jt. 1998 Olds 88 (W) 2,560 ZMI 2,560 Jt 2002 Cadillac (H) 5,650 H's 2004 HD Motorcycle 9,010 Members 1 S' #0968 Checking 365 Members 1St #0968 Savings 9 Members 1 S' #0968 Total 374 374 Members 1St #7479 Checking 57 Members 1 S' #7479 Savings U06 Members 1 st #7479 Total 23 2,063 Energy FCU #73000hecking 114 Energy FCU Savings 55 Energy FCU #7300 Total 169 Energy FCU #3200 Total 3344 134 H's PFCU 01-9 32 32 W's PFCU 9251 99 99 18 7 MARITAL ASSETS AND DEBTS Description Net Value Calculation Distribution Value W's CSRS Total 388,466 W's CSRS NM Value (48,558) W's CSRS SS Offset (159,599) W's CSRS Marital Value 1 Q9 180,309 W's CSRS Survivor's Benefits for H 474, 47,849 H's CSRS Total 1,489,616 H's CSRS NM Value (411,134) H's CSRS SS Offset 1.94 H's CSRS Marital Value 8 884,416 H's CSRS Survivor's Benefits for W 209 818 209,818 H's IRA (prior TSP) 96.358 TOTALS - ALL ASSETS 1,438,841 H's PFCU Visa 1 M (11,899) Sallie Mae Parent Plus U§ZJ0 (15,250) H's Pentagon FCU LOC 77 (8,277) H's Dell Deferred 3( ,02p) (3,020) Amer. Ed Services 1 41 (21, 041) W's Members 15' Visa 7 67 (7,667) Jt. Members 1s' Visa 7?3 (7,233) Total Debts (74,387) NET ESTATE Total All Assets 1,438,841 Total Debts (74,387) Net Estate 1,364,454 19 ?B) The Foregoing Marital Assets and Debts shall be divided and distributed 37.401/6 to Husband and 62.60% to Wife as follows: Description 5 Tiffany Drive, Carlisle (Est Sale Net) Jt. 1998 Olds 88 (W) Jt 2002 Cadillac (H) H's 2004 HD Motorcycle Members 1" #0968 Checking and Savings Members 151' #7479 Checking and Savings Energy FCU #7300 Checking and Savings Energy FCU #3200 Savings H's PFCU 01-9 W's PFCU 9251 W's CSRS Marital Value W's CSRS Survivor's Benefits for H H's CSRS Marital Value H's CSRS Survivor's Benefits for W H's IRA (prior TSP) Totals for Proposed Distribution of All Assets Distribute to Husband Distribute to Wife Sell & Divide % Sell & Divide % 2,560 5,650 9,010 374 2,063 169 134 32 2 99 180,309 47,849 437,531 446,885 209,818 48,179 48,179 548,794 890,049 Description Distribute to Husband Distribute to Wife H's PFCU Visa (11,899) Sallie Mae Parent Plus (15,250) H's Pentagon FCU LOC (8,277) H's Dell Deferred (3,020) Amer. Ed Services (21,041) W's Members 152 Visa (7,667) Jt. Members 151 Visa 7( ,233) Totals for Proposed Distribution of Debts 11&446 3( 5.941) t1?A?tY Totals for Proposed Distribution of All Assets 548,794 890,049 Totals for Proposed Distribution of Debts (38,446) (35,941) Totals for Proposed Distribution Net Estate 510,348 854.108 Percentage of Distribution 37.40% 62.60% 20 Footnote 3 3 (C) Adjustments: In accordance with Plaintiffs 'Exhibits 34-36, and to account for the parties' agreement regarding the joint 2010 income tax return filing, Wife's $5,000 share of the $10,000 withdrawn by Husband from the IRA the various expenditures made by the parties to get the marital home ready for sale, and the payment made by the parties from Marital funds to buy back husband's military time which was excluded from the value of Husband's CSRS pension, Husband owes Wife the amount of $22,561.52 . This amount is to be paid by Husband to Wife within 30 days of the date of the Order. (D) Miscellaneous Distribution Terms: (1) Real Estate. The Real Estate shall continued to be listed for sale with a mutually agreeable real estate broker. The parties shall hereafter market and sell the Real Estate at the best price obtainable, the parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of the Mortgage and all other normal and reasonable settlement costs, shall be distributed 60% to Wife and 40% to Husband. 3 This distribution give's Wife a gross monthly retirement income stream of $4,509.70 calculated as follows: Wife's CSRS $1,987.00 Husband's CSRS $2,263.80 Wife's Social Security $258.90 Total $4,509.70 This distribution give's Husband an retirement income stream of $6,605.20 calculated as follows: Husband's CSRS total $7,546.00 Less H's CSRS awarded to Wife l$2.263.801 Husband's CSRS $5,282.20 Husband's Social Security Est $1,200.00 Husband'S VA pension 123.00 Total $6,605.20 21 I (2) Vehicle Insurance. Each party shall be responsible for securing and maintaining his or her insurance on the Vehicles assigned to him or her by this Order. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and all incidents and accidents involving his or her Vehicles. (3) Husband's CSRS Retirement Plan Monthly Benefits. The amount of $446,885 of Husband's CSRS retirement benefits awarded to Wife is equal to 30% of Husband's CSRS benefitsl$446,885 + 1,489,616= 300A. Currently $7,456 x .30 = $2,283.801mo] (including cost of living increases, if any), and that percentage of each monthly benefitwill be paid to Wife as those benefits are paid. If required to effectuate this distribution to Wife, a Domestic Relations Order ("DRO") will be prepared by will be prepared by Jonathan Cramer of Conrad Siegel Actuaries and consents thereto will be timely executed by the parties. The costs for the preparation of the DRO will be paid equally by the parties. Pending the approval of the DRO and commencement of the direct payment to Wife of the 30% of the gross benefits, Husband shall make direct payment of the percentage share to Wife. All benefits received by Wife, direct or by the Plan administrator, shall be reported by Wife on her applicable income tax returns and all taxes resulting from that reporting shall be paid by Wife. (4) Survivor's Benefits. Husband shall maintain the maximum survivor's benefits for Wife under his CSRS retirement plan, and Wife shall be entitled to receive those benefits in the event Husband predeceases Wife. Wife shall maintain the maximum survivor's benefits for Husband under her CSRS retirement plan, and Husband hall be entitled to receive those benefits in the event Wife predeceases Husband. If required to effectuate the distribution and maintenance of the survivors benefits aforesaid, a Domestic Relations Order ("DRO") for each party's survivor's benefits will be prepared by Jonathan Cramer of Conrad Siegel Actuaries and consents thereto will be timely executed by the parties. The costs for the preparation of each DRO will be paid equally by the parties. (5) Husband's IRA account. 50% of the current value of Husband's IRA account is awarded to Wife. That award shall include investment gains or losses attributable to the assigned amount from to the date the awarded amount is distributed to the Wife. The distribution to be made to Wife shall be made to her pursuant to a Domestic Relations Order ("DRO") to be prepared by Wife's attorney. To the extent permitted under the Plan, Wife payment shall be rolled over into an IRA or other qualified plan. The distribution of the said amount shall be made as soon as possible after approval of the order by the Court and the Plan Administrator. (6) Retirement Plan Waiver. Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. 22 IF (7) Title Transfer. If appropriate, for effectuating the transfers as herein provided, titles shall be executed and delivered to the appropriate party within thirty (30) days of the date of this Order, unless another date is provided herein, in which event that other date shall apply and govern the transfer. For purposes of this Order, the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (8) Personalty Transfer. If either party is entitled to any items of personal property in the possession or control of the other party as of the date of this Order, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession/control within thirty (30) days from the date of this Order, unless another date is provided herein, in which event that other date shall apply and govern the transfer. Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. (9) Debt Balances and Prior Payments. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the date of this Order, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (10) Indemnification. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (11) Refinance. In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Order, unless another date is provided herein, in which event that other date shall apply and govern the refinance. (12) Cancellation of Joint Debts. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Order, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. (13) Non-Marital Property. Except as otherwise specifically herein distributed, each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, prior to the parties' marriage, since the date of the parties' marital separation, or by way of gift or inheritance, 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 and the other party shall not have any right, title, interest and claim in and to said property of the other party pursuant to the terms of this Order. 23 (14) Waiver of Beneficiary Designation. Unless otherwise specifically set forth in this Order, neither party shall have any beneficiary rights NOR any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Order, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and by the terms of this Order any beneficiary designations naming the other party which are in effect as of the date of this order are revoked and null and void. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 3. ALIMONY: (A) Termination of Spousal Support. Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to No. 00304 S 2011 shall terminate and be replaced with an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. (B) Alimony. Effective with the date the divorce decree, and until the !marital home' is sold, Husband shall pay Wife alimony in the amount of $1.000.00 per month. When the marital home is sold, the alimony amount shall be reduced to $608.00 per month. Each amount shall be prorated for any partial month under and subject to the following terms and conditions: (1) Payment Time. The alimony is to be paid monthly by 1s` of the month, commencing with the entry of the divorce decree, and prorated for any partial month. (2) Payment Place. The alimony is to be paid by Husband to Wife through Cumberland County Domestic Relations with payments being made and distributed by Pennsylvania State Collection and Disbursement Unit, P.O. Box 69110, Harrisburg, PA 17106-9110. (3) Wage Attachment. Husband's wages shall be attached for said payment. (4) Alimony Period- Modification. The alimony shall be for an indefinite period of time and shall be modifiable by the Court as may be appropriate upon a substantial change in circumstances of either party. (5) Tax Reporting. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to an Order of Court. D. COUNSEL FEES AND COSTS: Wife's claim for counsel fees and costs should be granted. Wife should be awarded counsel fees and costs in the amount of $10.000.00. 24 SECTION X1. PROPOSED EXHIBITS The following Table #11 sets forth the exhibits the party intends to submit at the hearing in this case. Plaintiff reserves the right to submit additional exhibits upon proper notification to the other party TABLE #11 LISTING OF EXHIBITS No Exhibit Description Dates Attached Provide Provide-Revise-Update to following Date INCOME AND EXPENSES 1 Wife's I&E Statement 1.3.11 X Hearing Date 2 Wife'S CSRS Annuity Statement 2011 X 2012 3 Wife's SS Statement 2011 X 2012 4 Wife's Gro Green Corp. pay stubs 2011 X 5 W's 2011 Unemployment Compensation Payment History 11.27.10- 4.2.11 X 6 Wife's 2011 W-2s, 1099R etc statements 2011 X 12.31.11 7 Wife's Income Tax Return 2010 X X 2011 8 Wife's SS Benefit Statement 6.18.03 X 37 Husband's SS Benefit Statement X To be provided by H 38 Husband's I&E Statement X To be provided by H 39 Husband's CSRS Annuity Statement 2012 X To be provided by H 40 Husband's SS Statement 2011 & 2012 X To be provided by H 41 H's 2011 W-2s, 1099R etc. statements 2011 X To be provided by H 42 Husband's Income Tax Return 2011 X To be provided by H 9 5.16.11 Support Order 5.16.11 X X Hearing Date 10 Support Calculations 12.29.11 X X Hearing Date ATTORNEYS FEES AND COSTS 11 Wife's Fee Agreement 12.2010 X 12 Summary & Itemized Billing Statement 12.1.10- 12.31.11 X Hearing Date 25 TABLE #11 LISTING OF EXHIBITS No Exhibit Description Dates Aftclred Provide PmyIde-Revise-Update' t0 following Date ASSETS 13 Marital Home PNC Mortgage Statement X 14 Jt. 1997 Olds (W) KBB PPVG 9.28.10 X X 8.07 15 Jt 2002 Cadillac (H) KBB PPVG 9.28.10 X X 8.07 16 H's 2004 HD Motorcycle KBB TIVG 9.28.10 X X 8.07 17 H Members 1 s' #0968 Acct Statement 12.31.10 X 18 Members 1 s' #7479 Acct Statement 12.31.10 X 1.2011 19 Jt Energy FCU #7300 Acct Statement 12.31.10 X 20 Jt Energy FCU #3200 Acct Statement 12.31. 10 X 21 H's PFCU 01-9 Acct Statement 1.9.11 X 22 W's PFCU 01-9 Acct Statement 10.16.11 23 W's CSRS Valuation Report 8.8.11 X 24 H's CSRS Valuation Report 8.8.11 X 25 H's IRA Summary & Statements 12.31.08 X X To be provided by H 7.1.07-hearing DEBTS 26 H's PFCU Visa Statement 12.16.10 X 27 H's Sallie Mae Parent Plus Statement 7.2.10 X 28 H's Pentagon FCU LOC Statement 1.9.11 X 29 H's Dell Deferred Statement 12.15.10 X 30 W's Members 1 'Visa Statement 12.27.10 X 31 Jt. Members 1" Visa Statement 12.27.10 X 32 Amer. Ed Services Statement 1.4.12 X X 1.2011 ADJUSTMENTS 33 Adjustment Summary 1.5.12 X X To date of hearing 34 Home Sale Repairs Paid by Wife - Summary & Receipts 1.5.12 X X To date of hearing 35 Home Sale Repairs Paid by Husband (PFCU Acct) Summary & Receipts 1.5.12 X 26 TABLE #11 LISTING OF EXHIBITS No Exhibit Description Dates Attached Provide Provide?Revise-Update to following Date 36 Military Time Buy Back Payment 10.16.10 X NOTES ON EXHIBITS: 1. The original exhibits or copies thereof are not filed of record at this time. 2. If any exhibit is marked as "Attached" copies of those Exhibits are provided to the following: a. Plaintiff Defendant b. Divorce Master, upon request only 27 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 (Counsel for Defendant) E. Robert Eiicker, II, Esquire Office of the Divorce Master 9 North Hanover Street, Carlisle, PA 17013 (Divorce Master) Date: January 6, 2012 • DIANE G. RADCLIFF, E DIRE (Attorney Registration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffCa-comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff 28 c -, -O :t ?Y rT+l M ' ? ?? ?Ty ? -4 C- T. 4a Y - e ` Y IE y,s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER Plaintiff V. NO. 10-1746 CIVIL ACTION - LAW IN DIVORCE GLENN H. BOWSER Defendant PLAINTIFF'S INCOME AND EXPENSE STATEMENT Submitted by: Sharon A. Bowser PREVIOUSLY ASSIGNED JUDGE None DIVORCE MASTER: E. Robert Elicker, II, Esquire 9 North Hanover Street, Carlisle, PA 17013 Phone: (717) 240-6535 • Email: belicker ccoa.net APPEARANCE FOR PLAINTIFF: Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliffecomcast. net APPEARANCE FOR DEFENDANT: Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Phone: (717) 909-4060 Facsimile: (717) 909-4068 E-mail: cog nettilaw(cD-aol.com -1- PART I. INCOME A. EMPLOYMENT INFORMATION: Employer: Gro Green Corp. (Ashcombe's Greenhouse) Position: Clerk Pay Period: Weekly - Seasonal B. INCOME - ALL SOURCES - MONTHLY Description Green Gro UC Benefits CSRS Annuity Social Security Total Gross Income $528.69 $172.67 $1,987.00 $258.90 $2,947.26 Deductions FICA ($21.21) ($21.21) Medicare ($7.67) ($99.90) ($107.57) Federal Tax ($73.42) ($17.50) ($234.95) ($39.80) ($365.67) State Tax ($16.23) ($16.23) Local Tax 1 ($2.50) ($2.50) Local Tax 2 ($10.09) ($10.09) PA SUI ($42.00) ($42.00) Dental Insurance ($29.84) ($29.84) Vision Insurance ($6.78) ($6.78) Life Insurance ($6.50) ($6.50) UC Benefit Reduction ($4.67) ($4.67) Subtotal Deductions ($173.12) ($22.17) ($278.07) ($139.70) ($608.39) NET INCOME $355.57 $150.50 $1,708.93 $119.20 $2,338.87 See Following 'Tables C and D for calculation of Green Gro and unemployment compensation income. -2- C. CALCULATION OF GRO GREEN CORP INCOME BASED ON 11/4111 PAY STUB - LAST PAY FOR 2011 Description Month Year Gross Income 528.69 6,344.31 FICA (22.21) (266.46) Medicare (7.67) (91.99) Federal Tax (73.42) (881.01) State Tax (16.23) (194.76) Local Tax (2.50) (30.00) Local Tax (10.09) (121.13) PA SUI (0.42) (5.08) Total 396.16 4,753.88 D. CALCULATION OF UC BENEFITS FOR 2011 Description Per week # of Weeks paid 1.1.11-4.2.11 Annual Amount Monthly Amount Gross Benefit 148.00 14.00 2,072.00 172.67 Federal Tax (15.00) 14.00 (210.00) (17.50) Benefit Reduction (4.00) 14.00 (56.00) (4.67) Net Benefit 129.00 14.00 1,806.00 150.50 - 3 - E. OTHER INCOME DESCRIPTION MONTHLY YEARLY Spousal Support from Defendant $2,280.00 $27,360.00 Interest Dividends Rents Royalties Expense Account Unemployment Compensation Workman's Compensation Tips Commissions Other (Specify): TOTAL OTHER INCOME $2,280.00 $27,360.00 -4- PARTII. EXPENSES DESCRIPTION MONTHLY AMOUNT COMMENTS HOME EXPENSES: First Mortgage $1,837.64 Maintenance and Repairs $17.00 Not including $ for home sale repairs Electric $382.00 Gas $12.00 Sewer/Septic $5.00 $175/3 yrs for septic inspection Trash $16.25 48.75/qtr Spring Real Estate Taxes (C&M) $77.24 $926.90/yr - No Mortgage Escrow Fall Real Estate Taxes (School) $212.58 $2550.93/yr - No Mortgage Escrow Homeowners Renter's Insurance $88.08 $1,057/yr - No Mortgage Escrow Telephone (Land Line) $68.70 Cell Phone - On son's plan INSURANCE: Automobile Insurance $45.68 Life Insurance $6.50 Deducted from CSRS benefits Health-Medical Insurance $99.90 Medicare Dental Insurance $29.84 Deducted from CSRS benefits Vision Insurance $6.78 Deducted from CSRS benefits Long Term Care Insurance $284.41 OTHER TAXES: Per Capita Taxes $0.82 9.80/yr AUTOMOBILE EXPENSES: Payments TBD Car needs to be replaced Fuel $84.00 Maintenance and Repair $23.00 License and Registration $3.00 MEDICAL EXPENSES NOT REIM BURSED BY INSURANCE: Doctor TBD Optical TBD Dental $64.66 $776 +/yr Medicine TBD - 5 - DESCRIPTION MONTHLY AMOUNT COMMENTS CREDIT CARDS/LOANS: Members 1s' Visa (closed) $133.00 Balance: $6,630.65 Members 1s' Visa (active) $158.00 Balance: $7,887.58 Members 1S' PSL $175.00 Balance: $6,472.68 AES College Loan $177.05 Balance: $21,041 Loan from brother $100.00 Balance: $7,612.30 Loan from sister TB D Balance: $3,000.00 Totals debts Total Debts @ $52,644.21 EMPLOYMENT Employment Lunches $20.00 PERSONAL EXPENSES: Clothing $25.00 Food $515.00 Barber and Hair Dresser $41.00 Memberships $7.75 AAA & AARP Misc Personal Expenses $146.71 $1,760.52/yr Storage $42.40 Stamps $8.80 Newspapers/Magazines $2.00 Entertainment $0.00 Cannot afford Cable TV & Internet $164.92 Vacations $0.00 Cannot afford Legal Fees $450.00 Charitable Contributions $130.00 TOTAL EXPENSES $5,661.71 -6- PART V. SUPPLEMENTAL INCOME STATEMENT [ f ] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached (c) Name of Business: Business Address: Business Telephone: (d) Nature of Business (check one) [ ] 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [ ] 4. Professional (] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period: 4. Net income per pay period: 5. Specify deductions, if any: VERIFICATION I verify that the statements made in the foregoing document are true and correct. 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: January 3, 2012 SHARON A. BOWSER - 12 - CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 (Counsel for Defendant) Date: January- (A 12 Di DCLIFF,-E- JIRE / (Aft gistration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff(a-comcast. net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff -9- --------- - --------- --------- - ----- Grew Corp. w. Gra thaln Roes charftsborg PA 17055 troa A Bowser EmployeeNwdami 9013 rifto iseat !Naas Anee? YTD igrs Wy Axwt 8.76 33.08 289.78 674.73 5910.64 day 7.31 64.04 4.63 60.84 33.25 30A79 tai Grow Pay 33.08 20978 721-92 634431 -ect Deawi l Acee..t 02241 216.73 tal Bred DqpAft 216673 Check Ddx PiwaWbera420U Patiod 8eyteeb W Oder la, 2011 Pdtiod Ending; Odeber 31, 2011 Dept 4001 Vatrher NpetLer 8201 Not Pay Amecoved 21693 TMM abdoll Mom* Amend Aug 1r(ediceee 28971 4.21 91.99 OAIM 28978 12.17 266.46 PARR-EE 289.78 0.23 5.08 Moonme T(Ca mberlnd) 28978 2.00 30.00 1{umT.(Cumberbu: 289.78 4.64 121.13 Psasylvet+ia $[IW 219.79 1.90 194.76 Tool Tax WWhbddbog mospeameam V REMOVE DOCUMENT ALONG THIS PERFORATION Gre Green Corp. Direct Depo* A*nce . 906 w. Grantham Road Cieek Date Voecher Nan w Mechanicsburg, PA 17055 November 04, 2011 U91 ***This is not a check*** 4001 9813 8891 10 owner It6: . rw r ??m? mmary PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY `t`'^c-l??`^'-n!'?ly?nimC-[tn_+?+-nn •+c(•?rCr.,(?°T?e11Tt..h°C'KYI'q+?.aS^ BENEFIT PAYMENT HISTORY * Claimant Name: SHARON A BOWSER * Social Security Number. * AB Date: 11/14/2010 j * Program Type: UC i I l3? lot Cq)? CD 7 02/12/2011 02/12/2011 Week Ending Date Payment Number -- - ( l4mount Nletlhod of Status Paid Payment --- Payment Issue Date . 04/02/2011 ---- Benefit Reduction $4.00 - 4/02/2011 0 02479582 r `- -Paid --$129.00 11 Deposit 04/05/2011 Direct 04/0212011 9!09999991 Federal WitMioldmg $15.00 -- -- 03/26/2011 F_ FBenefit Reduction F $4.00 -- -----? 03/26/2011 f 09999991 Federal YWhhoking $15.00 1 I ^ - 03/26/2011 02479562 F Paid -- $129.00 t Drced. Depose 04/05/2011 i 03/19/2011 09999991 Federal Withhoktirg I $15.00- 03/19/2011 Benefit Reduction $4.00 03/19/2011 02039188 --- Paid $129.00 F-Dir-?d- Depose F 03/22/2011 j 103/12/2011 09999991 Federal Withholding $15.00 -- F - --- - - - - 03/12/2011 ?- 02039188 ---- Paid $129.00 ?- Direct Deposit - 03/22/2011 r 03/12/2011 0117- 03/05/2011. 03/051`1 , ? 72060 09999991 Benefit Reduction $4.00 Paid _- j $129:00 -Diced Deposit - 03/08/2011 Federal Withholding $15.00 0=5/011 Benefit Reduction $4.00 J- --?---- -02/26/2011 _ _01572060 Paid $129.00 6i C Depose 03IM2011 02/26/2011 Benefit Reduction $4.00 ( - j ?. 02/26/2011 02/19/2011 09999991 Federal Withholding 09999991 Federal Withholding $15.00 j j $15.00 - - r 02/19/2011 - Benefit Reduction E - $4.00 ---- -- 02/19/2011 02/1212011 ( 01088812 Paid i $129.00 Direct Depose j 02/22/2011 09999991 Federal Withhold' ng j $15.00 01088612 I Paid Benefit Reduction $129.00 Dired Deposk -- 02!22/2011 $4.00 1 of 2 4/13/2011 10:58 Ab OrlwMmary f,a-*.,?./?yyWw nn?rln;m¢ ?xi.xs+ nr e/e.rrr/?,,annt+ ?hat?ivn M.nS? 02/05/2011 Benefit Reduction ?- $4.00 02/05/2011_ 00578337 ?- Paid $1291.00 CO xi DDIXIs k 02108/21:11111 02/05/2011 09999991 Federal V*hhM ft F- $115.00 - - - - 01/29/2011 Benefit Reduction f :1.4.00 01/29/2011 09999991 Federal V11 MxWing $15.00 01/29/2011 00578337 I Paid $12-9.00 Direct Deposit 02/08 O)l1 01/22/2011 f 09999991 Federal V RI N golding $15.00 01/22/201-1 Benefit Reduction $4.00 01/22/2011 ` 00188408 -- Paid $129.00 Direct Deposit 01/25/2011 01/15/2011 09999991 Federal VVittitiolding i $15.00 --- -- - - - --- ---- - - 01/15/2011 00188408 F Paid $129.00 Direct Deposit 01/25/2011 01/15/2011 Benefit Reduction F -- $4.00 01/08/20111-F 07717197 F - Paid $129.00 Direct Deposit 01/11/2,011 01/081-2-0-1-1 09999991 Federal Withholding $15.00 - ---- ---- - ---- -- -- - - - C-1 01 /08/2011- Benefit Reduction $4.00 ---- - -- - -- - ---- 01/01/2011 07717197 F Paid 1$129.0 Direct Deposit 01/11/2011 01/01/2011 Benefit Reduction F----$-4--.00-: - - - -- - -- 01/01/2011 09999991 Federal Withholding $15.00 12/25/2010 '09999991 Federal V ftholding $15.00 -- ---- -- 12/25/2010- Benefit Reduction $4.00 --- - -; -- ---- - 12/25/2010 07262259 Paid $129.00 I Direct Deposit ; 12/2812010 12/18/2010 09999991 Federal VVlthholding $15.00 -?? - -- 12/18/2010 07262259 Paid $129.00 Direct Deposit 12/2812010 - 12/18/2010 1 Benefit Reduction $4.00 12111/2010 Benefit Reduction $4.00 1 12/11/2010 06847908 F Paid $129.00 Diied Deposit -12114/2010 -F F 12/11/2010 09999991 Federal V*hholdN $15.00 12/04/2010 ?Beneft Reduction $4.00 12/04/2010 09999991 Federal V?t+ hholding $15.00 12/0412010 1 06847908 Paid $129.00 Direct Deposit j 11 /27/2010 ?Benefd Reduction $4.00 - r 11/27/2010 06434915 Paid $129.00 Debit Card 11/27/2010 09999991 Federal Withholding ; $15.00 ?- 12114/2010 11/30/2010 ?of2 4/13/2011 10:513 AN US GOVERNMENT PRWIW; QFF1CE_ . - - _ ,.. ---- - _ - - - __-_._ . _ --- - -- R120-53 (REV. 12/1 t, NOTICE OF ANNUITY ADJUSTMENT This notice informs you of a change in the amount of your payments. Please read the hark of the rv im- If you have auestions. call us or write to the address shown below. 19 -6.50 92 -29.84 co a t- 43 -6.78 a 31 -226.05 15 1918.00 1648.83 m 19 -6.50 z t- 6 U) 42 -29.84 5 ga W F 43 -6.78 W 3 31 -234.95 W o 1987.00 1708.93 *SEE BACK FOR CODES FOR OTHER DEDUCT KAVS UH AMA i iuns YUM YAYMM 1 UA i CU: Ul /"ZV i z UNITED STATES OFFICE OF PERSONNEL MANAGEMENT rtERTO RETIREMENTOPERA ^TL;' CENTER-_._------------ . -- --.__-_ PO BOX 45 MENEVERYOU BOYERS PA 16017-0045 CONTACT OPM Reason for adjustment you may use this notice as proof of your current rate of annuity. YOUR NEW GROSS MONTHLY ANNUITY REFLECTS A 3.6% COST-OF-LIVING ADJUSTMENT. BY LAW, THE INCREASE IS ROUNDED DOWN TO THE NEXT WHOLE DOLLAR. THE MONTHLY SURVIVOR ANNUITY CURRENTLY PAYABLE IN THE EVENT OF YOUR DEATH IS $1222 PAYABLE TO GLENN H. w W THE AMOUNT OF FEDERAL INCOME TAX WITHHELD FROM YOUR % ANNUITY HAS CHANGED. -60 to N k.l ?.? Your New Benefit Amount 1627764 BENEFICIARY'S NAME: SHARON A BOWSER Your Social Security benefits will increase by 3.6 percent in 2012 because of a rise in the cost of living. You can use this letter when you need proof of your benefit amount to receive food, rent, or energy assistance; bank loans; or for other business. How Much Will I Get And When? • Your monthly amount (before deductions) is $258.90. • The amount we deduct for Medicare medical insurance is $99.0-0. (If you did not have Medicare as of Nov 17, 2011, or if someone else pays your premium, we show $0.00.) • The amount we deduct for your Medicare prescription drug plan is $0.00.. (If you did not elect withholding as of Nov 1, 2011, we show $0.00) • The amount we deduct for voluntary Federal tax withholding is $39.80. (If you did not elect voluntary tax withholding as of • +' Nov 17, 2011, we show $0.00.) • After taking any other deductions, we will deposit $119.20 into your bank account on Jan. 11, 2012. If you disagree with any of these amounts, you must write to us within 60 days from the date you receive this letter. We would be happy to review the amounts. What If I Have Questions? Please visit our website at www.socialsecurity.gov for more information and a variety of online services. You also can call 1-800-772-1213 and speak to a representative from 7 a.m. until 7 p.m., Monday through Friday. Recorded information and services are available 24 hours a day. Our lines are busiest early in the week, early in the month, as well as during the week between Christmas and New Year's Day; it is best to call at other times. If you are deaf or hard V of hearing, call our TTY number, 1-800-325-0778. If you are outside the United States, you can contact any U.S. embassy or consulate office, or the Veterans Affairs Regional Office in Manila. Please have your Social Security claim number available when you call or visit and include it on any letter you send to Social Security. If you-are-inside-the United-States, and need assistance of any kind, you also can visit your local office. 200 S SPRING GARDEN ST CARLISLE PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER NO. 10-1746 V. GLENN H. BOWSER MOTION FOR APPOINTMENT OF MASTER Sharon A. Bowser, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ ] Divorce [ ] Distribution of Property [ ] Annulment [ ] Support [x] Alimony [x] Counsel Fees [x] Alimony Pendente Lite [x] Costs and Expenses In support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party [X] has [ J has not appeared in the action [ ] personally [X] by his attorney, Maria P. Cognetti, Esquire. 3. The statutory ground for the divorce is Section 3301 (c) and Section 3301(d) No-Fault. 4. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 5. The action (involves) (does not involve) complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: None Date: 3 " ? I ( 11 DI CLI QUIRE iellor,f laintiff ORDER APPOINTING MASTER AND NOW, - _ , , 20 IX , E. Robert Elicker, II, Esquire is appointe VlaVar 4h respect to the owing c ims: [x] Divorce [x] Distribution of Property r _ ?:o C?) [ J Annulment o [ ] Support _ , c [x] Alimony [x] Counsel Fees a C')_" [x] Alimony Pendente Lite [x] Costs and Expenses '3'r-j =r- Z6 . = c? rrl BY THE COURT: JUDGE Plaintiff CIVIL ACTION - LAW IN DIVORCE Defendant MOVING PARTY Sharon A. Bowser Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 NON MOVING PARTY Glenn H. Bowser Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717) 909-4060 .i AN 24 AN 9: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER Plaintiff V. NO. 10-1746 CIVIL ACTION - LAW IN DIVORCE GLENN H. BOWSER Defendant PLAINTIFF'S AMENDED RULE 1920.33 PRE-TRIAL STATEMENT Submitted by: Plaintiff, Sharon A. Bowser PREVIOUSLY ASSIGNED JUDGE None DIVORCE MASTER E. Robert Elicker, II, Esquire 9 North Hanover Street, Carlisle, PA 17013 Phone: (717) 240-6535 APPEARANCE FOR PLAINTIFF Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliff(cD-comcast.net APPEARANCE FOR DEFENDANT Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Phone: 717-909-4060 Fax: 717-909-4068 E-mail: cognettilaw@aol.com Date: January 23, 2012 4ADCLI SQUIRE I INFORMATIONAL NOTES 1. The values used in the various Tables herein may be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 2. Any adjustment figure(s) that appear in the various Tables herein are for illustration purposes only and are not to be deemed a representation that an adjustment should be made or that the amount of the adjustment, is appropriate. ABBREVIATIONS H .......................... Husband W .......................... Wife C .......................... Child or Children A .......................... Appraisal S .......................... Stipulation Est .......................... Estimate G .......................... Gift .......................... Inheritance NM .......................... Non-Marital Property KBB .......................... Kelley Blue Book Value NADA .......................... NADA Value TIV .......................... Trade in Value PPV .......................... Private Party Value RE .......................... Real Estate V .......................... Vehicle INV .......................... Investment CD .......................... Certificate of Deposit ACT .......................... Account INSURANCE .......................... Insurance B .......................... Business PSP .......................... Profit Sharing Plan PEN .......................... Pension Plan RET .......................... Retirement Plan HG .......................... Household Goods D .......................... Debt 2 SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES Description Husband Wife Name Glen H. Bowser Sharon A. Bowser Maiden Name N/A Sharon A. Lomasney Address 208 Elizabeth Road San Antonio TX 78209 5 Tiffany Drive Carlisle, PA 17015 Date of Birth 11/4/1946 9/9/1944 Age 65 67 Health Status Good - some high BP Good Educational Background GED High School Graduate Names and Relationship of Persons Living with Party Liz Halsey, girlfriend None Date Moved to Current Home 3/2010 12/1991 Date PA Residency Began 1989 (ended 3/2010) 1989 Current Military Service N/A N/A Number of Marriages 2 1 Employer Retired Gro Green (Ashcombe Farms) Occupation (Job Position) N/A seasonal stocking/clerk Date Employment Began N/A Spring 2008 Est. Gross Monthly Income Social Security: $TBD CSRS: $$7,546 Total: TBD Ashcombe: $528.69 UC: $172.67 CSRS: $1,987 Social Security: $258.90 Total Gross $2,947.26 Total Net: $2,333.87 TABLE #1-B MARRIAGE INFORMATION Description Information Date of Marriage 10/19/1974 Place of Marriage Ft. Belvoir, Virginia Date of Separation 7/27/2007 Grounds for Divorce 3301(c) or 3301(d) Prior Divorce Actions Between Parties None TABLE #1-C CHILDREN OF THIS MARRIAGE Name Age Year of Birth School Grade Custodian or Emancipation Gary M. Bowser 35 1976 N/A Emancipated Ronald G. Bowser 32 1979 N/A Emancipated TABLE #1-D SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Party Paying Support Husband Beneficiaries of Support Wife Amount of Support $2,280/mo Date of Agreement or Order 5/16/11, effective 4/1/11 Docket Number of Support Order 00304 S 2011; Pacses # 030112384 TABLE #1-E CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES Part Name of Child Year of Birth Age Custodian or Emancipation Husband Christina Bowser 1969? 41? Emancipated TABLE #1-F SUPPORT/ALIMONY FOR PRIOR MARRIAGES/RELATIONSHIP Description Information Information Name of Party Paying Support N/A N/A Beneficiaries of Support N/A N/A Date of Agreement or Order N/A N/A Docket Number of Support Order N/A N/A Comments: N/A N/A TABLE #1-G PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date 3/10/2010 Date of Service 3/11/2010 Manner of Service Hand Delivery Type of Divorce Requested 3301(c) or 3301(d) Economic Claims Raised None Type of Pleading Plaintiffs Petition Economic Claims Pleading Filing Date 1/3/12 Economic Claims Raised Equitable Distribution; Alimony, Counsel Fees & Costs ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading Defendant's Answer & Counterclaim Pleading Filing Date 11/9/11 Type of Divorce Requested None Economic Claims Raised Equitable Distribution INCOME AND EXPENSE STATEMENTS Plaintiff's I&E Statement Filing Date 1/9/12 Defendant's I&E Statement Filing Date None INVENTORIES Plaintiff's Inventory Filing Date None filed Defendant's Inventory Filing Date None filed 3301 C DOCUMENTS Plaintiff's 3301(c) Affidavit Date Plaintiff's 3301(c) Affidavit Filing Date Defendant's 3301(c) Affidavit Date Defendant's 3301(c) Affidavit Filing Date TABLE #1-G PROCEEDINGS INFORMATION: 3301 D DOCUMENTS Date of Separation 7/27/2007 2 Year Separation Date 7/27/2009 Defendant's 3301(d) Affidavit Date 11/16/2011 Defendant's 3301(d) Affidavit Date Filing Date 11/21/2011 3301 (D) Affidavit Service Date 11/23/11 Manner of Service of 3301(d) Affidavit Regular Mail Date of Plaintiffs 3301(d) Counter-Affidavit 12/8/11 Date of Filing of Plaintiff's 3301(d) Counter-Affidavit 12/29/11 Date of Notice of Intent to Request Entry of Divorce Decree Date of Service of Notice to Request Entry of Divorce Decree Manner of Service of Notice to Request Entry of Divorce Decree BIFURCATION Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: TABLE #2 Sharon A. Bowser V. Glenn H. Bowser DOM: 10.19.74 • DOS: 7.27.07 (32.75 yrs) A B C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calculation Value Husband Wife NON-RETIREMENT AS'SISTS' REAL ESTATE AND REAL ESTATE MORTGAGES RE-1 5 Tiffany Drive, Carlisle Est 349,000 RE-1 PNC 12.28.11 (310,588) RE-1 7% Cost: of Sale Est (24,430) RE-1 Total RE-1 13,982 Divide by Divide by Divide by MOTOR VEHICLES AND VEHICLE LIENS V-1 Jt. 1998 Olds 88 (W) 9.28.10 2,560 2,560 2,560 V-2 Jt 2002 Cadillac (H) 9.28.10 5,650 5,650 5,650 V-3 H's 2004 HD Motorcycle 9.28.10 9,010 9,010 9,010 V-3 Comments: Value to be revised to 7.07 values CAS H, CHECKING AND SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES A-1 Jt. Members 1" #0968 HP A-1 Checking 12.31.10 365 A-1 Savings 12.31.10 9 A-1 Total A-1 #0968 12.31.10 374 374 374 8 TABLE #2 Sharon A. 'Bowser V. Glenn H. Bowser DOM: 10. 19.74 • DOS: 7.27.07 (32.75 yrs) A B C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calculation Value Husband Wife A-2 Jt. Members 1 st #7479 WP A-2 Checking 12.31.10 57 A-2 Savings 12.31.10 2,006 A-2 Total A-2 #7479 12.31.10 2,063 2,063 2,063 A-3 Jt Energy FCU #7300 HP A-3 Checking 12.31.10 114 A-3 Savings 12.31.10 55 A-3 Total A-4 #7300 -- 169 169 169 A-4 Jt Energy FCU #3200 WP 12.31.10 134 134 134 A-5 H's PFCU 01-9 12.31.10 32 32 32 A-6 W'S PFCU #9251 10.16.11 99 99 99 NON- RETIRF NT A§§91 T OTALS TOTAL - NON-RETIREMENT ASSETS 20,091 15,235 4,856 PENSION AND RETIREMENT PLANS PEN-1 W's CSRS Total 8.8.11 388,466 PEN-1 W's CSRS NM Value 8.8.11 (48,558) PEN-1 W's CSRS SS Offset 8.8.11 (159,599) PEN-1 W's CSRS Marital Value 8.8.11 180.309 180,309 180,309 PEN-1 Comments: Wife's total Non-marital and SS offset = $208,157; MV is 46% (180,309 _ 388,466 =. 4642) MV (46) of $1,9181mo = $8821mo PEN-1.A W's CSRS Survivor's 8.8.11 47,849 47,849 47,849 Benefits for H PEN-1 .A Comments: If H predeceases W, Wife will receive survivor's benefits @ $4, 593/mo 9 TABLE #2 Sharon A. Bowser V. Glenn H. Bowser DOM: 10.19.74 • DOS: 7.27.07 (32.75 yrs) A B C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calculation Value Husband Wife PEN-2 H's CSRS Total 8.8.11 1,489,616 PEN-2 H's CSRS NM Value 8.8.11 (411,134) PEN-2 H's CSRS SS Offset 8.8.11 (194,066) PEN-2 H's CSRS Marital Value 8.8.11 8$4,416 884,416 437,531 446,885 PEN-2 Comments: Husband's total Non-Marital and SS offset = $605,200; Total to Husband : Marital @ $437,531 & NM @ $414,134 - SS offset @ $194,066 = $1,042,731 $1,489,616 = 70% x 7,546 = $5,282.20 per month Total to Wife: 446,885 = 1,489,616= 30% x 7, 546/mo = $2, 263.80/mo Distribution to be made on percentages not on $ amount: 30% of total to wife PEN-2.A H's CSRS Survivor's 8.8.11 209,818 209,818 209,818 Benefits for W PEN-2.A Comments: If W predeceases H, Husband will receive survivor's benefits @ $1,1801mo RET-1 H's IRA (prior TSP) Est 96,358 96,358 48,179 48,179 12.31.07 PROFITS SHARING, PENSION PLANS, RETIREMENT PLAN TOTALS TOTALS - RETIREMENT PLANS 1,418,750 533,559 885,191 fYOANS , CRI„LIT CAR DS tQ OTHE R M13TS D-1 H's PFCU Visa 12.16.11 1( 1.899) (11,899) (11,899) D-2 Sallie Mae Parent Plus 7.2.10 15 250 (15,250) (15,250) D-3 H's Pentagon FCU LOC 12.31.11 8277 (8,277) (8,277) D-4 H's Dell Deferred 12.15.10 3 020 (3,020) (3,020) D-5 Amer. Ed Services 12.31.11 21 041 (21,041) (21,041) D-6 W's Members 1St Visa 12.27.11 7( ,667) (7,667) (7,667) D-7 Jt. Members 1St Visa 12.27.11 7 233 (7,233) (7,233 10 TABLE #2 Sharon A. Bowser V. Glenn H. Bowser DOM: 10.19.74 • DOS: 7.27.07 (32.75 yrs) A B C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calculation Value Husband Wife EBB 'TO TOTAL - DEBTS (74,387) (38,446) (35,941) SUMMARY Non-Retirement Asset Total 20,091 15,235 4,856 Retirement Plan Total 1,418,750 533,559 885,191 All Assets Total 1,438,841 548,794 890,047 Debt Total (74,387) (38,446) (35,941) Net Estate Totals 1,364,454 510,348 854,106 Percentage of Distribution 37.40% 62.60% 11 SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS The following Tables #3-A and # 3-13 set forth the household goods and contents and other personal property of the parties: ' Plaintiff does not believe there is or will be a dispute as to the parties household goods and contents and therefore, Tables #3-+A and #3-B have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBANDS POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION BASIS IF NON-MARITAL Not in Dispute H & W Husband TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION BASIS IF NON-MARITAL Not in Dispute H & W Wife ' Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 12 SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: 2 TABLE #4 NON-MARITAL PROPERTY AND DEBTS A B C D E F Description Marital Value NM Value Total Value Exclusion Basis if Supporting Non- Marital Documents H'S CSRS 884,416 605,200 1,489,616 PM - SS Offset Value Report W's CSRS 180,309 208,157 388,466 PM - SS Offset Value Report 2 Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 13 SECTION V. PENSIONS AND RETIREMENT BENEFITS The following Table #5 sets forth the listing of the pensions and retirement plans of the parties: TABLE #5 RETIREMENT PLANS Binder Description Date Net Value Calculation PEN-1 W's CSRS Total 8.8.11 388,466 PEN-1 W's CSRS NM Value 8.811 (48,558) PEN-1 W's CSRS SS Offset 8.8.11 (159,599) PEN-1 W's CSRS Marital Value 8.8 11 180,309 PEN-1.A W's CSRS Survivor's Benefits for H 8.8r 11 PEN-2 H's CSRS Total 8.8.11 PEN-2 H's CSRS NM Value 8.8.11 H's CSRS SS Offset 8.8.11 H's CSRS Marital Value 8.8.11 PEN-2.A H's CSRS Survivor's Benefits for W 8.8.11 RET-1 H's IRA (prior TSP) Est 12.31.07 47,849 1,489,616 (411,134) (194,066) 884,416 209.818 96,358 14 SECTION VI. INCOME AND EXPENSES The following Table #6-A sets forth the incomes of each party as reported on his or her filed Income and Expense Statement: TABLE #6-A INCOME OF THE PARTIES PARTY INCOME DATE OF FILING OF INCOME STATEMENT Husband TBD None filed Wife $5,227/mo gross Concurrent The following Table #6-B sets forth the total monthly expenses of each party as reported on his or her filed Income and Expense Statement: TABLE #6-B MONTHLY EXPENSES OF THE PARTIES PARTY TOTAL MONTHLY EXPENSES DATE OF FILING OF I& E STATEMENT Husband TBD None Filed Wife $5,661.71 Concurrent 15 SECTION VII. COUNSELFEES The following Table #7 sets forth the listing of Plaintiffs counsel fees and expenses. TABLE #7 COUNSEL FEES AND COSTS Description Dates. Bills and Charges Period Services Were Rendered 12/14/10 to 12/31/11 Hourly Rate $200 through 12/31/11 $250.00 effective 1/1/12 Total Amount of Fees and Costs to Date of this Statement $7,045.00 Anticipated Fees and Costs $5,000 Itemization of Services Rendered See Exhibit Section 16 SECTION VIII. EXPERT WITNESSES The following Table #8 sets forth the listing of experts the party intends to call to testify in this case: TABLE #8 EXPERT WITNESSES Name Subject of Report Attached Report to Be Testimony Supplied Experts who prepared any To be determined Report is attached if If not currently report referenced in the and to extent such available, Report to Proposed Exhibits in report is referenced be supplied as soon Section XI. in Exhibit Section. as available Plaintiff reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. SECTION IX. OTHER WITNESSES The following Table #9 sets forth the listing of lay witnesses the party intends to call to testify in this case: TABLE #9 LAY WITNESSES Name Subject of Testimony Sharon A. Bowser History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code Plaintiff reserves the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. 17 SECTION XI. PROPOSED RESOLUTION The following is Plaintiffs proposed resolution of the issues presented in this case: 1. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301 c or 3301 d. 2. EQUITABLE DISTRIBUTION: (A) The parties' marital assets and debts are comprised of the following: MARITAL ASSETS AND DEBTS Description Net Value Calculation ASSETS 5 Tiffany Drive, Carlisle (Est Sale Net) 13,982 Jt. 1998 Olds 88 (W) 2,560 A 2002 Cadillac (H) 5,650 H's 2004 HD Motorcycle Members 1' #0968 Checking Members 1 s' #0968 Savings Members 1St #0968 Total Members 15' #7479 Checking Members 1 st #7479 Savings Members 1 st #7479 Total Energy FCU #73000hecking Energy FCU Savings Energy FCU #7300 Total Energy FCU #3200 Total H's PFCU 01-9 W's PFCU 9251 W's CSRS Total W's CSRS NM Value W's CSRS SS Offset W's CSRS Marital Value W's CSRS Survivor's Benefits for H 365 9 374 57 2,006 2,063 114 55 169 134 32 99 388,466 (48,558) 159 599 180, 309 47 , 849 Distribution Value Sell & Divide by % 2,560 5,650 9,010 374 2,063 169 134 32 99 180,309 47 , 849 18 MARITAL ASSETS AND DEBTS (B) Description Net Value Calculation Distribution Value H's CSRS Total 1,489,616 H's CSRS NM Value (411,134) H's, CSRS SS Offset 1( 94,066) H's CSRS Marital Value 884,416 884,416 H's CSRS Survivor's Benefits for W 209,818 209,818 H's IRA (prior TSP) 96,358 96,358 TOTALS - ALL ASSETS 1,438,841 LOANS, CREDIT CARDS AND OTHER DEBTS H's PFCU Visa 1,8 (11,899) Sallie Mae Parent Plus 35 250 (15,250) H's Pentagon FCU LOC 8( (8,277) H's Dell Deferred 3( ,020) (3,020) Amer. Ed Services 21 041 (21,041) W's Members 1st Visa 7( (7,667) Jt. Members 1st Visa 7( (7,233) Total Debts (74,387) NET ESTATE Total All Assets 1,438,841 Total Debts (74,387) Net. Estate 1,364,454 The foregoing Marital Assets and Debts shall be divided and distributed 37.40% to Husband and 62.60% to Wife as follows: 19 ASSETS Description Distribute to Husband Distribute to Wife 5 Tiffany Drive, Carlisle (Est Sale Net) Sell & Divide % Sell & Divide % A. 1998 Olds 88 (W) 2,560 A 2002 Cadillac (H) 5,650 H's 2004 HD Motorcycle 9,010 Members 1S' #0968 Checking and Savings 374 Members 15' #7479 Checking and Savings 2,063 Energy FC LI #7300 Checking and Savings 169 Energy FCU #3200 Savings 134 H's PFCU 01-9 32 2 W's PFCU 9251 99 W's CSRS Marital Value 180,309 W's CSRS Survivor's Benefits for H 47,849 H's CSRS Marital Value 437,531 446,885 H's CSRS Survivor's Benefits for W 209,818 H's IRA (prior TSP) 48,179 48,179 Totals for Proposed Distribution of All Assets 548,794 890.049 Description Distribute to Husband Distribute to Wife H's PFCU Visa (11,899) Sallie Mae Parent Plus (15,250) H's Pentagon FCU LOC (8,277) H's Dell Deferred (3,020) Amer. Ed Services (21,041) W's Members 1' Visa (7,667) Jt. Members 15' Visa 7( ,233) Totals for Proposed Distribution of Debts (38,44 6 35 941 SUMMARY Totals for Proposed Distribution of All Assets 548,794 890,049 Totals for Proposed Distribution of Debts 3( 8,446) (35,941) Totals for Proposed Distribution Net Estate 510,348 854.108 Percentage of Distribution 37.40% 62.60% 20 Footnote 3 3 (C) Adjustments: In accordance with Plaintiffs Exhibits 34-36, and to account for the parties' agreement regarding the joint 2010 income tax return filing, Wife's $5,000 share of the $10,000 withdrawn by Husband from the IRA the various expenditures made by the parties to get the marital home ready for sale, and the payment made by the parties from Marital funds to buy back husband's military time which was excluded from the value of Husband's CSRS pension, Husband owes Wife the amount of $22,561.52. This amount is to be paid by Husband to Wife within 30 days of the date of the Order. (D) Miscellaneous Distribution Terms: (1) Real Estate. The Real Estate shall continued to be listed for sale with a mutually agreeable real estate broker. The parties shall hereafter market and sell the Real Estate at the best price obtainable, the parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of the Mortgage and all other normal and reasonable settlement costs, shall be distributed 60% to Wife and 40% to Husband. This distribution give's Wife a gross monthly retirement income stream of $4,509.70 calculated as follows: Wife's CSRS $1,987.00 Husband's CSRS $2,263.80 Wife's Social Security $258.90 Total $4,509.70 This distribution give's Husband an retirement income stream of $6,605.20 calculated as follows: Husband's CSRS total $7,546.00 Less H's CSRS awarded to Wife ($2,263. ffl Husband's CSRS $5,282.20 Husband's Social Security Est $1,200.00 Husband'S VA pension 123.00 Total $6,605.20 21 (2) Vehicle Insurance. Each party shall be responsible for securing and maintaining his or her insurance on the Vehicles assigned to him or her by this Order. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and all incidents and accidents involving his or her Vehicles. (3) Husband's CSRS Retirement Plan Monthly Benefits. The amount of $446,885 of Husband's CSRS retirement benefits awarded to Wife is equal to 30% of Husband's CSRS benefits, [$446,885 _ 1,489,616 = 30%. In monthly benefits currently $7,4561mo x.30 = $2,263.801mo] (including cost of living increases, if any), and that percentage of each monthly benefit will be paid to Wife as those benefits are paid. If required to effectuate this distribution to Wife, a Domestic Relations Order ("DRO") will be prepared by will be prepared by Jonathan Cramer of Conrad Siegel Actuaries and consents thereto will be timely executed by the parties. The costs for the preparation of the DRO will be paid equally by the parties. Pending the approval of the DRO and commencement of the direct payment to Wife of the 30% of the gross benefits, Husband shall make direct payment of the percentage share to Wife. All benefits received by Wife, direct or by the Plan administrator, shall be reported by Wife on her applicable income tax returns and all taxes resulting from that reporting shall be paid by Wife. (4) Survivor's Benefits. Husband shall maintain the maximum survivor's benefits for Wife under his CSRS retirement plan, and Wife shall be entitled to receive those benefits in the event Husband predeceases Wife . Wife shall maintain the maximum survivor's benefits for Husband under her CSRS retirement plan, and Husband hall be entitled to receive those benefits in the event Wife predeceases Husband. If required to effectuate the distribution and maintenance of the survivors benefits aforesaid, a Domestic Relations Order ("DRO") for each party's survivor's benefits will be prepared by Jonathan Cramer of Conrad Siegel Actuaries and consents thereto will be timely executed by the parties. The costs for the preparation of each DRO will be paid equally by the parties. (5) Husband's IRA account. 50% of the current value of Husband's IRA account is awarded to Wife. That award shall include investment gains or losses attributable to the assigned amount from to the date the awarded amount is distributed to the Wife. The distribution to be made to Wife shall be made to her pursuant to a Domestic Relations Order ("DRO") to be prepared by Wife's attorney. To the extent permitted under the Plan, Wife payment shall be rolled over into an IRA or other qualified plan. The distribution of the said amount shall be made as soon as possible after approval of the order by the Court and the Plan Administrator. (6) Retirement Plan Waiver. Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his 22 or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. (7) Title Transfer. If appropriate, for effectuating the transfers as herein provided, titles shall be executed and delivered to the appropriate party within thirty (30) days of the date of this Order, unless another date is provided herein, in which event that other date shall apply and govern the transfer. For purposes of this Order, the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (8) Personalty Transfer. If either party is entitled to any items of personal property in the possession or control of the other party as of the date of this Order, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession/control within thirty (30) days from the date of this Order, unless another date is provided herein, in which event that other date shall apply and govern the transfer. (9) Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. (10) Debt Balances and Prior Payments. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the date of this Order, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (11) Indemnification. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (12) Refinance. In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Order, unless another date is provided herein, in which event that other date shall apply and govern the refinance. (13) Cancellation of Joint Debts. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Order, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. 23 (14) Non-Marital Property. Except as otherwise specifically herein distributed, each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, prior to the parties' marriage, since the date of the parties' marital separation, or by way of gift or inheritance, 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 and the other party shall not have any right, title, interest and claim in and to said property of the other party pursuant to the terms of this Order. (15) Waiver of Beneficiary Designation. Unless otherwise specifically set forth in this Order, neither party shall have any beneficiary rights NOR any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Order, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and by the terms of this Order any beneficiary designations naming the other party which are in effect as of the date of this order are revoked and null and void. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 3. ALIMONY: (A) Termination of Spousal Support. Effective as of the date of divorce decree the order for spousal support entered in the Cumberland County Support Action docketed to No. 00304 S 2011 shall terminate and be replaced with an order for alimony under the terms hereinafter set forth. Any credit or arrears on said spousal support order existing as of that date shall be transferred to the alimony order. (B) Alimony. Effective with the date the divorce decree, and until the marital home is sold, Husband shall pay Wife alimony in the amount of $1.000.00 per month. When the marital home is sold, the alimony amount shall be reduced to $608.00 per month. Each amount shall be prorated for any partial month under and subject to the following terms and conditions: (1) Payment Time. The alimony is to be paid monthly by 1St of the month, commencing with the entry of the divorce decree, and prorated for any partial month. (2) Payment Place. The alimony is to be paid by Husband to Wife through Cumberland County Domestic Relations with payments being made and distributed by Pennsylvania State Collection and Disbursement Unit, P.O. Box 69110, Harrisburg, PA 17106-9110. (3) Wage Attachment. Husband's wages shall be attached for said payment. 24 (4) Alimony Period- Modification. The alimony shall be for an indefinite period of time and shall be modifiable by the Court as may be appropriate upon a substantial change in circumstances of either party. (5) Tax Reporting. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to an Order of Court. D. COUNSEL FEES AND COSTS: Wife's claim for counsel fees and costs should be granted. Wife should be awarded counsel fees and costs in the amount of $10,000.00. 25 SECTION XI. PROPOSED EXHIBITS The following Table #11 sets forth the exhibits the party intends to submit at the hearing in this case. Plaintiff reserves the right to submit additional exhibits upon proper notification to the other party TABLE #11 LISTING' OF EXHIBITS No Exhibit Description Dates Attached Provide Provide-Revise-Update to following Date INCOME AND EXPENSES 1 Wife's I&E Statement 1.3.11 X Hearing Date 2 Wife'S CSRS Annuity Statement 2011 X 2012 3 Wife's SS Statement 2011 X 2012 4 Wife's Gro Green Corp. pay stubs 2011 X 5 W's 2011 Unemployment Compensation Payment History 11.27.10- 4.2.11 X 6 Wife's 2011 W-2s, 1099R etc statements 2011 X 12.31.11 7 Wife's Income Tax Return 2010 X X 2011 8 Wife's SS Benefit Statement 6.18.03 X 37 Husband's SS Benefit Statement X To be provided by H 38 Husband's I&E Statement X To be provided by H 39 Husband's CSRS Annuity Statement 2012 X To be provided by H 40 Husband's SS Statement 2011 & 2012 X To be provided by H 41 H's 2011 W-2s, 1099R etc. statements 2011 X To be provided by H 42 Husband's Income Tax Return 2011 X To be provided by H 9 5.16.11 Support Order 5.16.11 X X Hearing Date 10 Support Calculations 12.29.11 X X Hearing Date ATTORNEYS FEES AND COSTS 11 Wife's Fee Agreement 12.2010 X 12 Summary & Itemized Billing Statement 12.1.10- 12.31.11 X Hearing Date 26 TABLE #11 LISTING OF EXHIBITS No Exhibit Description Dates Attached Provide Provide-Revise-Update to following Date ASSETS 13 Marital Home PNC Mortgage Statement X 14 Jt. 1997 Olds (W) KBB PPVG 9.28.10 X X 8.07 15 Jt 2002 Cadillac (H) KBB PPVG 9.28.10 X X 8.07 16 H's 2004 HD Motorcycle KBB TIVG 9.28.10 X X 8.07 17 H Members 1 s' #0968 Acct Statement 12.31.10 X 18 Members 1 s'#7479 Acct Statement 12.31.10 X 1.2011 19 Jt Energy FCU #7300 Acct Statement 12.31.10 X 20 Jt Energy FCU #3200 Acct Statement 12.31.10 X 21 H's PFCU 01-9 Acct Statement 1.9.11 X 22 W's PFCU 01-9 Acct Statement 10.16.11 23 W's CSRS Valuation Report 8.8.11 X 24 H's CSRS Valuation Report 8.8.11 X 25 H's IRA Summary & Statements 12.31.08 X X To be provided by H 7.1.07-hearing DEBTS 26 H's PFCU Visa Statement 12.16.10 X 27 H's Sallie Mae Parent Plus Statement 7.2.10 X 28 H's Pentagon FCU LOC Statement 1.9.11 X 29 H's Dell Deferred Statement 12.15.10 X 30 W's Members 15' Visa Statement 12.27.10 X 31 Jt. Members 1 s' Visa Statement 12.27.10 X 32 Amer. Ed Services Statement 1.4.12 X X 1.2011 27 TABLE #11 LISTING OF EXHIBITS No Exhibit Description Dates Attached Provide Provide-Revise-Update to following Date ADJUSTMENTS 33 Adjustment Summary 1.5.12 X X To date of hearing 34 Home Sale Repairs Paid by Wife - Summary & Receipts 1.5.12 X X To date of hearing 35 Home Sale Repairs Paid by Husband (PFCU Acct) Summary & Receipts 1.5.12 X 36 Military Time Buy Back Payment 10.16.10 X NOTES ON EXHIBITS: 1. The original exhibits or copies thereof are not filed of record at this time. 2. If any exhibit is marked as "Attached" copies of those Exhibits are provided to the following: a. Plaintiff Defendant b. Divorce Master, upon request only 28 CERTIFICATE OF SERVICE I hereby certify that ON January 24, 2012, 1 am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 (Counsel for Defendant) E. Robert Elicker, II, Esquire Office of the Divorce Master North Hanover Street, Carlisle, PA 17013 (Divorce Master) Date: January 23, 2012 NA4-2 G. R64Q DIANE G. ADCLIFF, QUIRE (Attorney Registration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffa-comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff 29 n. ?E PP0Tj 12 2x:12 APR 1 0 P l * ! 01JMBEPLANO, Ct: ??tT I, PEMSYLY0111A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER Plaintiff NO. 10-1746 CIVIL ACTION - LAW V. : IN DIVORCE GLENN H. BOWSER Defendant Petition for Special Relief - Injunction Submitted by: Plaintiff, Sharon A. Bowser PREVIOUSLY ASSIGNED JUDGE None APPEARANCE FOR PLAINTIFF: Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliff(M-comcast.net APPEARANCE FOR DEFENDANT: Maria P. Cognetti, Esquire (Supreme Court ID No 27914) 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: 717-909-4060 Facsimile: 717-909-4068 E-mail: cognettilawO-aol.com -2- Diane G. Radcliff, Esquire Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Phone: 717.737.0100 • Fax: 717.975.0697 • Email: dianeradcliffacomcast. net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER NO. 10-1746 Plaintiff CIVIL ACTION - LAW V. IN DIVORCE GLENN H. BOWSER Defendant PETITION FOR SPECIAL RELIEF - INJUNCTION AND NOW, this 1b't` day of , 2012, comes the Petitioner, Sharon A. Bowser, by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition, and represents that: Procedural Background and CCRP Rule 208.2(d) and Rule 208.3(a) Averments This divorce action was commenced by the filing of a Divorce Complaint on March 10, 2010. 2. The Divorce Complaint was served on Defendant on March 11, 2010 as appears on the Certificate of Service filed of record in this case. 3. In the Complaint only a claim for divorce was raised under Sections 3301(c) and 3301(d). 4. On January 3, 2012, Plaintiff filed a Petition for Economic Claims in which she raised the following economic claims: A. Equitable Distribution; -3- B. Alimony; C. Counsel Fees Costs and Expenses. 5. This Petition involves a request for the entry of an injunction to prohibit Defendant from making any withdrawals from or otherwise taking any action that would reduce or diminish the value of his Fidelity IRA Account #AER-08748 below the amount of $50,000.00. 6. The following attorneys have entered their appearances in this case: A. Diane G. Radcliff, Esquire for Plaintiff; B. Maria P. Cognetti, Esquire for Defendant. 7. Defendant was contacted immediately prior to the filing of this Petition. Prior notice nor a request to consent was not provided because such prior notice might defeat the relief requested in this Petition. 8. No judges has been previously assigned to this case. Factual Background 1. Your Petitioner is Sharon A. Bowser, (hereinafter referred to as "Wife") 2. Your Respondent is Glenn H. Bowser, (hereinafter referred to as "Husband").. 3. The parties are husband and wife, having married on October 19, 1974. 4. The parties separated on July 27, 2007. 5. During the course of their marriage the parties acquired the following assets and incurred the following debts: -4- 5 Tiffany Drive, Carlisle Est Sale Net 7,500 A. 1998 Olds 88 (W) 2,560 Jt 2002 Cadillac (H) 5,650 H's 2004 HD Motorcycle 11,000 Members 1 S' #0968 Checking and Savin gs 374 Members 1S' #7479 Checking and Savin gs 2,063 Energy FCU #7300 Checking and Savin gs 169 Energy FCU #3200 Savings 134 H's PFCU 01-9 32 W's CSRS Marital Value 180,309 W's CSRS Survivor's Benefits for H 47,849 H's CSRS Marital Value 884,416 H's CSRS Survivor's Benefits for W 209,818 H's IRA (prior TSP 2g258 Totals for All Assets Members 1 ' #0968 Loan 1,418,750 (5,029.71) H's PFCU Visa 3396 (11,899.08) Sallie Mae Parent Plus (15,250.53) H's Pentagon FCU LOC (8,277.00) H's Dell Deferred (3,019.53) Amer. Ed Services (21,041.00) A. Members 1" Visa 2141 (7,233.00) W's Members 1 S' Visa 0286 (7,667.00) Total Debts (79,416.851 -5- Request for an Injunction 6. Wife has requested that she be distributed the amount of $50,000 from Husband's Fidelity IRA account as part of her equitable distribution share which has a current value in excess of $100,000.00 7. Wife needs these funds to pay off her debts and to secure a new residence. 8. Wife fears that unless an injunction is entered Husband will withdraw funds from this Fidelity IRA so as to cause the balance to drop below the said $50,000 amount. WHEREFORE, Wife respectfully requests this Honorable Court to enter an Order containing the following terms: (A) Enjoining and prohibiting Defendant from making any withdrawals from or otherwise taking any action that would reduce or diminish the value of his Fidelity IRA Account #AER-08748 below the amount of $50,000.00. (B) For such other and further relief as the Court may deem appropriate. Dated: April 9, 2012 Respectfully submitted, IAN G. DC ESQUIRE S ourt ID 932112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Petitioner -6- VERIFICATION I verify that the statements made in the foregoing document 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:0- SHARON A. BOWSER CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on April 9, 2012, 1 served a copy of the foregoing legal documents upon the following person by mailing same by first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (Attorney for Defendant) Dated: April 9, 2012 IANE G. DCLIFF?ESQUIRE \ S ourt ID #32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Plaintiff -8- SHARON A. BOWSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GLENN H. BOWSER, Defendant NO. 10-1746 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF - INJUNCTION ORDER OF COURT AND NOW, this 16`x' day of April, 2012, upon consideration of Plaintiff's Petition for Special Relief - Inunction, it is hereby ordered and directed that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted. 2. Defendant shall file an answer to the Petition within 20 days of service; 3. A hearing is scheduled for Friday, June 8, 2012, at 1:30 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. 4. Pending the hearing and further Order of Court, but without prejudice to either party, Defendant is enjoined from making any withdrawals from or otherwise taking any action that would reduce or diminish the value of his Fidelity IRA Account #AER-08748 below the amount of $50,000.00. BY THE COURT, ChristyleA. Peck, J. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff "'' `? i? e Maria P. Cognetti, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Defendant rc ?ies .ns.i Z 0. % ' SHARON A. BOWSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLENN H. BOWSER, Defendant NO. 10-1746 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF - INJUNCTION ORDER OF COURT AND NOW, this 4`h day of June, 2012, upon consideration of the attached letter from Diane G. Radcliff, Esq., attorney for Plaintiff, the hearing scheduled for June 8, 2012, is cancelled. BY THE COURT, Christyle . Peck, J. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 `'- Attorney for Plaintiff Maria P. Cognetti, Esq. r-= 210 Grandview Avenue -? Suite 102 = t Camp Hill, PA 17011 Attorney for Defendant :rc ecr',e.5 e . DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 June 4, 2012 The Honorable Christylee L. Peck Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 Re: Sharon A. Bowser v. Glenn H. Bowser Cumberland County Divorce No 10-1746 Divorce Injunction Petition Hearing Scheduled for June 8, 2012 - 1:30 p.m. Dear Judge Peck: I am pleased to advise you that the parties have entered into the enclosed Stipulation resolving the issues that were to be addressed at the hearing scheduled before you on Friday, June 8, 2011 at 1:30 p.m. Therefore, Attorney Cognetti and myself request that this hearing be cancelled. Should you require anything further to effectuate this request, please advise me. Otherwise, thank you for your attention in this matter. Very truly yours, DI CLIFF, ESQUIRE DGR/dr Enclosure(s): Stipulation Transmitted to Addressee by hand delivery cc: Maria P. Cognetti w/encl by mail and email Sharon A. Bowser w/encl by email File 95-10-D F IL ED-OFFIC IHE T I oTHONCE 2012 JUL 10 Alf 11: 09 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER, Plaintiff V. NO. 10-1746 CIVIL ACTION - LAW GLENN H. BOWSER, IN DIVORCE Defendant . ORIGLi, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on M4rch 10, 2010.. 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. 1 consent to the entry of a final Decree in Divorce after service of notice of inten?ion to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I unders and that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 494 relating to unsworn falsification to authorities. Dated: ARON A BOW R -1 it "OFFICr- ? 2012 fE PROT 0ON0 TA h JUG 10 AN 11:0 9 `3"ERL A No CO PENNSYCVA A rY mrr' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER, Plaintiff NO. 10-1746 V. GLENN H. BOWSER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in 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 Waiver are true and correct. I and that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 to unsworn falsification to authorities. Dated: A. FILEO-OFF ICE = TGIF PROTHONOTAR`t 2012 JUL 10 AM 11: 08 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER, ; Plaintiff NO. 10-1746 V. CIVIL ACTION - LAW GLENN H. BOWSER, IN DIVORCE Defendant AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 10, 2010. 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. 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. Dated: I ?Amm ?' GLENN H. BOWSER THE OTHO OTA[i 1012 JUL 10 AM 1 ! : 08 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER, ; Plaintiff NO. 10-1746 V. CIVIL ACTION - LAW GLENN H. BOWSER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: 10 GLENN H. BOWSER THE PRO rtQty0 TAR y ?012 JUL 12 Ply 43 CUI#ERLAND Cp ?HSYCVq OONT Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN SHARON A. BOWSER Plaintiff NO. 10-1746 CIVIL ACTION - LAW v. GLENN H. BOWSER Defendant IN DIVORCE MOTION FOR REVOCATION OF APPOINTMENT OF MASTER Diane G. Radcliff, Esquire, Attorney for Plaintiff, moves this Honorable Cou to revoke the Appointment of E. Robert Elicker as the Divorce Master in this cas and assigns the following reasons therefor: On June 19, 2012 the parties entered into a Marital Agreement resolving all outstanding issues, which Marital Agreement has or is concurrently herewit being will be filed of record. As a result, a Divorce Master is not required t resolve said issues. Wherefore, Diane G. Radcliff, Esquire respectfully requests that Appointment of the Divorce Master be revoked. Dated ?. UI Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 1 H PR0TH01°41 '1 2012 JUL 16 PM 30 02 CUP JJ ?AHDAN A ,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER NO. 10-1746 Plaintiff V. : CIVIL ACTION - LAW IN DIVORCE GLENN H. BOWSER Defendant ORDER FOR REVOCATION OF APPOINTMENT OF MASTER AND NOW, this I ? day of , 2012, upon consideration of the within Motion of Diane G. Radcliff, Esq ire, Attorney for Plaintiff, IT IS HEREBY ORDERED that the Appointment of E. Robert Elicker as Divorce Master in that above captioned case is hereby revoked BY THE COURT: A /? JUDGE DISTRIBUTION TO: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff .CD-G? F'ECc dr TH PROWONOTAK' 2012 JUL 19 PM 1: 32 cum RLAHO COUNTY P %tNNSYLVOIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI SHARON A. BOWSER Plaintiff V. GLENN H. BOWSER Defendant NO. 10-1746 CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: March 10, 2010 b. Manner of Service of Complaint: Personal Service upon Defendant by Consta C. Date of Service of Complaint: March 11, 2010 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION OF THE DIVORCE CODE: a. Plaintiff: June 18, 2012 b. Defendant: June 19, 2012 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Ag dated June 19, 2012, which Agreement is to be incorporated into but not merged with the Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED PROTHONOTARY: a. Plaintiff's Waiver: July 10, 2012 b. Defendant's Waiver: July 10, 2012 DI G. DCLI QUIRE 344 Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 (C) THE DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY STATE EFFECTIVE JANUARY 1, 2002. THE PROTHONOTARY IS REQUESTING TH INFORMATION IN LIEU OF THE VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE UPON FINALIZING A DIVORCE. DOCKET NUMBER: 10-1746 DATE OF MARRIAGE: 10/19/1974 IN THE COURT OF COMMON PLEAS F SHARON A. BOWSER CUMBERLAND COUNTY, PENNSYLV NIA V. GLENN H. BOWSER : NO. 10-1746 DIVORCE DECREE AND NOW, o?l?/? , it is ordered and decreed SHARON A. BOWSER , plaintiff, and GLENN H. BOWSER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If claims remain indicate "None.") No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated June 19, 2012, which Agreement is to be incorporated into but not merged with the Divorce Decree. By the Court, C Attest: 41 J. _2,,zL Prothonotary l rb;& /A , 7 V'.' 'OV6 Apb6x a ?t Prl, oo f1(? .' fl?AU6 -3 pH PENNSYLVANIA Diane G. Radcliff, Esquire 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff(o)_comcast.net IN THE COURT OF COrk"INION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER Plaintiff NO. 10-1746 CIVIL ACTION - LAW V. IN DIVORCE GLENN H BUWSER Defendant STIPULATION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this l7 day of 012, Plaintiff, Sharon A. Bowser, and Defendant, Glenn H. Bowser. stipulate and agree t the foregoing Domestic Relations Order shall be entered by the Court. l ;,J WITNESS WHEREOF, the parties have set their hands and seals the day and year above 4°i :r i tte n . Il ' " a AN PARTICIPANT c . ?LENN K BO`J'JSER Gate: EY/F0Ft-ftR;RC1' PANT MARIA P!COON.4TTI, ESQUIRE Date. & / (`/ 11.4- PLAINTIFF/ALTERNATE PAYEE ARON A. BOW ER Date: ATTORNEY FOR ALTERNATE PAYEE DIA s? CLI SQUIRE Da e: I 2-0 V--z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSER NO. 10-1746 Plaintiff CIVIL ACTION - LAW V. GLENN H. BOWSER Defendant IN DIVORCE DOMESTIC RELATIONS ORDER Re: Glenn H. Bowser's Securities America, Inc. IRA Account AND NOW, this 2 day of , 2012, upon consideration of the following Stipulation of the Parties, IT IS HERE ORDERED AND DECREED as follows: 1. Plan Name. The name of the Plan to which this Order applies is the following IRA account of Glenn H. Bowser: Securities America, Inc. IRA Account RQT- 733881(hereinafter referred to as "the Plan"). Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 2. Identification of the Plan Administrator/Account Trustee. The name and address of the Plan Administrator/Account Trustee is: Securities America, Inc. 12325 Port Grace Blvd. Lavista, NE 68128 Telephone: 800-747-6111 3. Parties, Divorce Action, Jurisdiction, Marriage and Divorce: The parties hereto are Glenn H. Bowser and Sharon A. Bowser. They were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on October 19, 1974 and divorced on July 25, 2012. 4. Identification of Account Owner/Participant: The name of the "Plan Participant" is Glenn H. Bowser. 1 5. Identification of Alternate Payee. The name of the "Alternate Payee" is Sharon A. Bowser. 6. Addendum: To protect the privacy of the parties, a separate Addendum specifying the Participant's and Alternate Payee's Addressees and Social Security Numbers will be provided to the Plan Administrator separately from this Order. The Alternate Payee shall have the duty to notify the Plan Administrator/Trustee in writing of any changes in mailing address subsequent to the entry of this Order. 7. Pursuant to State Domestic Relations Law. This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 8. Provisions of Marital Property Rights. This Order relates to the provisions of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 9. Amount of Alternate Payee's Benefit. This Order assigns to the Alternate Payee an amount equal to $50,000.00 of the Participant's total account balance accumulated under the Plan as of June 19, 2012, (or the closest valuation date thereto). Further, such total account balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of the Participant. The obligation to repay any Participant Plan loan(s) from and after the date of this Order remains solely with the Participant. The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from June 19, 2012, (or the closest valuation date thereto), until the date of total distribution to the Alternate Payee. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable account(s) established on behalf of the Alternate Payee. This account(s) will initially be established in the same fund mix percentages as the Participant account. 10. Commencement Date and Form of Payment to Alternate Payee. If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a "DRO" by the Plan Administrator, or at the earliest date permitted under the terms of the Plan. Benefits will 2 be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the plan. 11. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a "DRO", but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 12. Death of Alternate Payee. In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned underthis Order and underthe benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 13. Death of Participant. Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 14. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: (A) to provide any type or form of benefit or any option not otherwise provided under the Plan; (B) to provide increased benefits to the Alternate Payee; (C) to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a "DRO"; or (D) to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 15. Certification of Necessary Information. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 3 ''J?,, AU'-9 AM 11:51 PENNSYI._VANIiA 16. Parties Responsible in Event of Error. In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts direction to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 17. Effect of Changes to Plan. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 18. Effect of Plan Termination. In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a domestic relations order under Code, as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as a necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Headings Not Part of Order. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Order nor shall they affect its meaning, construction or effect. BY THE COURT: CHRISTYLEE L. PECK, Judge 4 Distribution to: Attorney for Defendant/Participant: Maria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 Attorney for Plaintiff/Alternate Payee: ? Diane G. Radcliff Esquire, 3448 Trindle Road, Camp Hill, PA 17011 &10I eS ma - led Ij?l9l/a AK6 5 ,u _3 pH ?E NSYGVAt tA. Diane G. Radcliff, Esquire 3348 Trind!e Road, Camp Hill, PA 17011 Telephone: 71 737-10100 • Fax: 717-975-0697 a Email: dianeradcliff@comcast.net IN THE COURT OF (0f0i iON. ?LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. BOWSEE? :'I,intiff NO. 10-1746 CIVIL ACTION - LAW V, ?I-ENN H BOWS" R Defendant IN DIVORCE STIPULATION FOR ENTRY OF DOMESTIC RELATIONS ORDER r"N,'D NO\i%,, this t7 day of 012, Plaintiff, Sharon A. Bowser, and Defendant. `:c rl'l 11-1. Bowse,", stir:d!ate and agree t the foregoing Domestic Relations Order shat! be -n, t6a , reel 1by the C(xjrt. ;,,j WITNESS `:'V'HEREGF, the parties have sue., their hands and seals the day and year above ., ?fttL-"!1P" A19'?`fP AN PARTICIPANT 1°P•`1tI ?. BO"All . rr a T, ORNEYf M RAC,PA? T Pv"ref EI\ f!lJC'? if I, t-isQu1,R.:. Date. PLAINTIFF/ALTERNATE PAYEE ARON A. 130NV?=ER Date: --v _ ATTORNEY FOR ALTERNATE PAYEE ?? Da 2-0