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HomeMy WebLinkAbout01-2006 BARBARA L. BOWIE, · 1N THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA VS. · No. ~1_ .ZOO/, Civil Term FREDERICK j. BOWIE, JR., · ACTION IN DIVORCE Defendant . 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 Court. A judgment may also be entered against you for any other claim or relief requested in the these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 BARBARA L. BOWIE, · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA vs. · No. o ~- ~2~ oo~. Civil Term FREDERICK J. BOWIE, JR., · ACTION IN DIVORCE Defendant · COMPLAINT IN DIVORCE 1. Plaintiff is Barbara L. Bowie, an individual suijuris, who has resided at 44 Wheatfield Dr., Carlisle, Cumberland County, Pennsylvania, 17013, since 1995. 2. Defendant is Frederick J. Bowie, Jr., an individual suijuris, who has resided at thc Treeview Apartments, Harrisburg, Dauphin County, Pennsylvania, since 2000. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 momhs immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 6, 1964 in Woodlawn, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the fight to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and/or (b) That the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 11. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joim names and in the individual names of each of the parties hereto. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Defendant prays this Honorable Court, after requiting full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Barbara L. Bowie, Plaintiff Respectfully submitted, .JxD. No. 79405 117 South Hanover St. Carlisle, Pa. 17013 (7~ 7) ~45-8508 ATTORNEY FOR PLAINTIFF ·.. OCT 2 9 2001 BARBARA L. BOWIE, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · VS. - NO. 01 - 2006 CIVIL · FREDERICK J. BOWIE, JR., · Defendant · IN DIVORCE TO- Jane Adams , Attorney for Plaintiff Harold S. Irwin, III , Attorney for Defendant DATE- Monday, October 15, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE- (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstandin~ interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is bein~ taken to complete discovery. i~ FOR PLAINTIFF DATE ~~NSEL FOR DEFENDANT ( ) NOTE- PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER' S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. JUN--06--O 1 04 : l ~; PM .. ... ...' . .... BARBARA L. BOWIE, ·IN THE COURI ()F COMMON PLEAS :". ' · ,:' Plaintiff ·CIJ~ERLAND COUNI¥, PENNSYLVANIA. . .... :, .. FREDERICK J, BOWIE, JR., ·ACTION IN DIVORCE "::.'." ':'~'. · ':~.. AFFIDAVIT O~ ACC~TANCE OF SER~CE " - · · ' . I, Frederick J. Bowie, Jr., Defendant, hereby accept service ofthe Complaint in 'filed under thc above-captioned numbc..r which wa~ served via certified mail on April 9,: ...:.. .. .. i B. Date of Delivery · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ,\~, · Print your name and address on the reverse C. Signature so that we can return the card to you. r-I Agent · Attach this card to the back of the mailpiece, ?,~,.- I-I Ad_d...ressee or on the front if space permits. D. Is delivery address different from item 17 L.I Yes 1. Article Addressed to: If YES, enter delivery address below: I-I No ~L ~'~,)~ "~'"~~~ 3. Service Type  I-'1 Express Mail /~f[/~t /7//0 Registered r-i Return Receipt for Merchandise i-i Insured Mail I-I C.O.D._;_~.__ 2. Article Nu?ber (Copy from service label)'70 PS Form 3811 July 1999 Domestic Return Receipt 102595-99-M-1789 P i~ ! I~ .... ~'T~,~~ 'Fe~" Paid ·Sender: Pleas~ ~, · ' I,.,,111,,,111,,,,,,11,, Ii,,,ll,,I,,l:, 1,1,,, I1,,, II1,,,111, ,,i BARBARA L. BOWIE, · IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · vs. · No. 01 - 2006 Civil Term · FREDERICK J. BOWIE, JR., · ACTION IN DIVORCE Defendant · MOTION FOR APPOINTMENT OF MASTER ~C~Ot~_ ~-, ~O uJ~'~_., (Plaintiff)(C~,%n~,sn~oves this Court to appoint a master with respect to the following claims: ( ) Divome ~) Distribution of Prope~ ( )Annulment ( ) Suppo~ ~) Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in suppo~ of the motion states: (1) Discove~ is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant (has)(~) appeared in the action (personally)(by his afforney, ~~~~ ~~ ~ , Esquire). . (3) The statuto~ ground(s) for divorce (is)(are) ~ ~ O ( ~~~ . (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been roached with respect to the following claims: (o) The aofion ~ oonle~led ~h rep~eol ~o the follow~ng (~) The aofion ~)(doe~ nol ~nvolve) oomplex ~ue~ of law or (8) The hearing ~ expeoled ~o take ~ · .(day~)(houm). (7) Additional ~nformafion, ~f any, relevanl to lhe motion: ~~ ~dams, Esquire ~ornoy for (~laintiffi(Defondant) mpsoet to tho followin~ clams: BY THE COURT: BARBARA L. BOWIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · · vs. : No. 01 - 2006 Civil Term · · FFtI::DI::RIGK J. BOWII=, ,IR., : ^GTION IN DIVORCI:: Defendant : NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X prior to the entry of a Final Decree in divorce. OR after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of FELDPUSH and gives this written notice a¥owing her intention pursuant to the provisions of 54 ~.$. s704. Date: --~~_ ~_~ ~ ~ Barbara L. Bowie, Plaintiff Barbara L. Feldpush, Plaintiff Signature of Name being resumed. · COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) Op~~sh(~Sn, atl?; p~ppe~arde~YBO~ A~RA~L~/ ,~~0BOA2p~f~~~_.~n~~the undersigned officer, a RB B PUSH known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I h ~unto ' ' ·IN THE COURT OF COMMON PLEAS BARBARA L. BOWIE, . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · · · No. 01 - 2006 CMl Term · · FREDERICK O. BOWIE, JR., : ACTION IN DIVORCE Defendant : AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ~ /f ~~ ,,~,~~¢~~'~. ,~~,~/ · ' Barbara L. Bowie, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if l do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.$. §4904 relating to unsworn falsification to authorities. Date: '/. /L~, -~--t~) ''/~ -'~ Barbara L. Bowie, Plaintiff ' BARBARA L. BOWIE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : GIVIL AGTION - LAW _. FREDERICK J. BOWIE, JR., : NO. 01 - 2006 GIVIL TERM Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about April 5, 2001 and served upon defendant on or about April 9, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. $. $oction 4@04 relating to unsworn falsification to authorities. J; /V ,,. BARBARA L. BOWIE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : FREDERICK J. BOWIE, JR., : NO. 01 - 2006 CIVIL TERM Defendant : IN DIVORCE W_A_IVI:R OF Nn_TICI= OF INTENTION TO REQUEST I=NTRY OF A DIVORCE DECREE I_IN_n~R -_q~CTION ~fl_~ (~_~ OF THE DIVORCE CODE _ 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if l do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 2002 _BOWIE V. BOWIF " . Four-party confere-nce - April 19, 2002 Asset List ' Marital Home Value Amount Owed Marital Home Paid $134,000 in 1995 Owe $70 000. Home Equity Loan ' Lois's Retirements Owe $13,000 Lois's Federal PenSion $10,332/year Prudential IRA $16,945.08 Fidelity 401k $6,037.34 Prudential IRA $49,119.99 Sperry/Unisys pension $669/mo starting 2009. Fidelity 401 k $19,556.00 ' Accounts PNC Checking $689.00 PNC Savings $3,830.83 PNC CD $12,387.56 Mass Mutual - savings $3,864.37 Vehicles 1998 Toyota Camry (Lois) $10,100.00 $2,300.00 1996 Blazer (Rick) unknown unknown - · BARBARA L. BOWIE · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ' · CIVIL ACTION - LAW vs. ' NO. 0! - 2006 C~VIL 19 FREDERICK j. BOWIE, JR. · IN DIVORCE Defendant STATUS SHEET DATE- ACTIVITIES. BARBARA L. BOWIE, ' IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · VS. · NO. 01 - 2006 CIVIL · FREDERICK j. BOWIE, JR., · Defendant · IN DIVORCE TO. Jane Adams , Attorney for Plaintiff Harold S. Irwin, III , Attorney for Defendant DATE- Monday, October 15, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE. (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstandin~ interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is bein~ taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE- PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. I BARBARA L. BOWIE, · 1N THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · No. 01 - 2006 Civil Term FREDERICK J. BOWIE, JR., · ACTION IN DIVORCE Defendant · OUALIFIED DOMESTIC REI~ATIONS ORDER WHEREAS, Frederick J. Bowie, (the "Participant"), and Barbara L. Feldpush (formerly known as Barbara L. Bowie, also the "Alternate Payee"), have agreed to the division of marital property, which agreement provides for the entry of a Domestic Relations Order (the "Order") to provide for the division and disposition of the accrued benefits of the Participant under the Unisys Pension Plan (Plan No. 005)(the "Pension Plan"), a defined benefit pension plan, which is maintained and administered by Unisys Corporation (Employer Identification 'Number 38-0387840) and to grant to the Alternate Payee fights to such benefits in such amounts and on the terms and conditions prescribed in this Order and in the Plan; and WHEREAS the Participant has an accrued benefit in the Pension Plan payable in the form of a single life annuity and he was 100% vested in such accrued benefit; and; WHEREAS, the Participant has separated from the service of Unisys Corporation, and has not attained his "earliest retirement age" under the Plans as such term is defined in Section 414(p)(4) of the Internal Revenue Code of 1986 ("the Code") and section 206(d)(3)(E) of the Employee Retirement Income Security Act (ERISA) and; WHEREAS, the Pension Plan does not provide for payment of benefits thereunder in the form of lump sum cash payments, lump sum in-kind distributions, or the payment of subsidized early retirement benefits to the Alternate Payee, so that the Alternate Payee is only eligible to receive a portion of the Participant's benefits in the form of a single life annuity (or in the actuarial equivalent annuity form of payment) commencing, upon the request of the Alternate Payee, on or after the Participant's attainment of the Earliest Retirement Age under the Pension Plan, and; WHEREAS, this Order is intended to be a Qualified Domestic Relations Order "QDRO" as that term is defined in sectin 414(p) of the Code and section 206(d)(3) of ERISA. NOW THEREFORE it is hereby ORDERED and DECREED as follows: 1. Amount of Benefits to be Distributed to Alternate Payee: The Alternate Payee shall be entitled to receive a benefit under the Pension Plan, the amount of which can be provided by 50% of the actuarial present value of the Participant's benefit under the Pension Plan as reflected in the April 1. 2001 ' · the sum of the Alternate Payee's be r,, o,~.~ ,,._ ~, ....~ · . valuation. It ~s understood that after the above valuation date) will be less than the amount of April 1,2001, (the valuation date) ~ o ~,~,$~m as o~April 2, 2001 (the date to reflect the increased cost to the Pension Plan of providing a benefit in addition to the normal form of benefit which is a single life annuity payable for the life of the Participant and commencing at the Participant's Normal Retirement Age and to reflect commencement of benefits prior to the Participant's Normal Retirement Age under the Plan. 2. Time and Manner of Pa ment. As soon as practicable after the Effective Date, the Plan Administrator shall establish a benefit under the Pension Plan for the Alternate Payee, the amount of which shall be determined pursuant to Section 1 hereof and the payment of which shah commence, upon request of the Alternate Payee, on or after the first day of the month following the Participant's attainment of the Earliest Retirement Age under the Pension Plan. The Alternate Payee shall have the right to elect distribution of the Alternate Payee's benefit determined under Section 1 in any such form as is allowed the Participant under the Pension P/an, other than in the form of a joint and survivor annuity payable to the Alternate Payee and the Alternate Payee's spouse. 3_~. Addresses~__ The name and current mailing address of the participant is as follows: Frederick J. Bowie SSN: 214-42-1854 ~.~0~ CJ.u~j/~u~¥ p/~?, ~07~. 6: DOB. 1/21/44 Harrisburg, Pa. / The name and current mailing address of the Alternate Payee is' Barbara L. Feldpush SSN:217-40-4277 44 Wheatfield Drive DOB. 1/1/44 Car/is/e, Pa. 17013 The Alternate payee shall keep the Plan Administrator informed of his or her current address. Notice of any change of address shall be made in writing to the following address- Unisys Corporation Benefits Center P.O. Box 770003 Cincinnati, OH 45277-0070 4. Death of the Alternate Pa ee. In the event the Alternate Payee dies before all the benefits from the Pension Plan are paid to her under this Order, all such payments shall cease. The beneficiaries, if any, shall be paid in accordance with the election designated on the Alternate Payee's Pension Plan Option Election Form. 5. Death of the Parti¢ipant~. The death of the Participant prior to the death of the Alternate Payee shall not alter the Alternate Payee's rights hereunder to receive payment of mounts set forth in Section 1 hereof, which are payable for the Alternate Payee's lifetime. 6. Liabili for Income Taxes. The Alternate Payee shall be solely responsible for, and bear the burden of, all federal income taxes, penalties, and interest payable with respect to actions undertaken pursuant to this Order. 7. Cash-Out of Alternate Payee's Benefit. Notwithstanding any other provision of this Order, if the present value of the Alternate Payee's Benefit determined under section 1 is less than or equal to $5,000.00 at the time that the Alternate Payee commences to receive benefits under the Pension Plan, then the Alternate Payee's benefit shall be paid in a single stun payment in accordance with the terms of the pension plan. 8~. Plan Administrator_~ A copy of this order shall be mailed promptly (return receipt requested) to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestic Relations Order, then the Plan Administrator shall promptly carry out its provisions. If this Order has not been determined by the Plan Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and the Alternate Payee of such determination. During the period in which such determination is being made, the Plan Administrator shall comply with all requirements imposed upon him by sectin 414(p)(7) of the Code and Section 206(d)(3)(H) of ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of such determination and the reasons therefor. 9. Continuin Jurisdiction. This court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intent of the parties as provided in this Order and the Agreement. Witnesseth: Frederiff, l(J. ]j'O~~e, P,~ticipant ~mate Payee's ~ttomey Jane Adams, Esquire 35 E. Hitner House 36 South Pitt Street Carlisle, Pa. 17013 Carlisle, Pa. 17013 (717) 243-6090 (717) 245-8508 Dated: [~)..~. (~~ Dated: X¢' re' O~ ORDERED and DECREED this ~, ~~ day of ~ ,2002, BY TH J. Synenech~idelity QDRO.wpd BARBARA L. BOWIE, · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA VS. · No. 01-2006 CivilTerm FREDERICK j. BOWIE, JR., ' ACTION 1N DIVORCE Defendant . DOMESTIC RELATIONS ORDER WHEREAS, Frederick J. Bowie, the "Participant" and Barbara L. Feldpush (formerly known as Barbara L. Bowie, also the Alternate Payee) have agreed to the division of marital property pursuant to State domestic relations/aw, which agreement provides for the entry of a Domestic Relations Order (the "Order") to provide for the division and disposition of the account balances of the Participant under a savings plan sponsored by Synertech which is maintained by Fidelity Investments and to grant the Alternate Payee rights to such benefits in such amounts and on the terms and conditions prescribed in this Order and in the Plans; and WHEREAS, the value of the Participant's account balances in the Fidelity 401 (k) Plan aa of April 1, 2001, equals $20,794.05; WHEREAS, the Savings Plan allows for immediate distributions of an Alternate Payee's interest in the Savings Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 414(p) of the Code and section 206(d)(3) of ERISA. NOW THEREFORE, it is hereby ORDERED and DECREED as £ollows: The Alternate Payee shall be entitled to receive 50% of the Participant's Non-frozen Account Balances in the Savings Plan as of April 1, 2001, together with earnings (or losses) on that amount from that date until the date of actual distribution. Distributions required in order to comply with the terms of this Order will be made pro rata from each of the investment funds in which the Participant's accounts are invested. In the event any portion of the Participant's accounts is frozen, the Alternate Payee shall be allocated 50% of such frozen amount as of April 1,2001, which shall be distributed to the Alternate Payee as soon as practicable after any such frozen assets are released for distribution. 2. Time and Manner of Pa ent. The amounts set forth in Section 1 as payable from the Savings Plan shall be segregated in an account in the name of the Alternate Payee as soon as practicable after the Effective Date of the Order which shall be the date the Plan Administrator has determined pursuant to Paragraph 7 hereof that this Order is a Qualified Domestic Relations Order within the meaning of 414(p) of the Code and Section 206(d)(3) of ERISA, or, if such Plan Administrators have predetermined that this Order constitutes a Qualified Domestic Relations Order, then immediately after enter of this Order. 3__. Addresses. The name and current mailing address of the Participant is as follows- Frederick J. Bowie SSN: 214-42-1854 6806 Clubhouse Dr. Apt E Harrisburg, Pa. 17111 The name and current mailing address of the Alternate Payee is: Barbara L. Feldpush SSN: 217-40-4277 44 Wheatfield Dr. Carlisle, Pa. 17013 The Alternate Payee shall keep the Plan Administrator informed of his or her current address. Notice of any change of Address shall be made in writing to the Plan Administrator of the Savings Plan addressed as follows: Synertech Health Systems c/o Carol Flurry 2400 Thea Drive Harrisburg, Pa. 17110 4. Death of Alternate Pa ee. In the event the Alternate Payee dies before all the accounts from the Savings Plan are distributed to him or her under this Order, any amounts not yet distributed from the Savings Plan shall be paid to the beneficiary designated by the Alternate Payee. If the Alternate Payee has not designated a beneficiary, any amounts not yet distributed from the Savings Plan shall be paid in accordance with the Plan's procedures. 5. Death of the Partici ant. The death of the Participant prior to the death of the Alternate Payee shall not alter the Alternate Payee's rights hereunder to receive payment of amounts set forth in Section 1 hereof. 6. Liabili for Income Taxes. The Alternate Payee, shall be solely responsible for, and bear the burden of, all state, federal, and any other income taxes, pen~ties, and interest payable with respect to amounts distributed to the Alternate Payee undertaken pursuant to this Order. 7_.. Plan Administrator. A copy of this Order shall be mailed promptly (rettm~ receipt requested) to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualifed Domestic Relations Order, then the Plan Administrator shall promptly carry out its provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after receipt of this Order, determine weather this Order is a Qualified Domestic Relations Order and notify both the Participant and the Alternate Payee of such determination. During the period which such determination is being made, the Plan Administrator shall comply with all requirements imposed upon him by Section 414(p)(7) of the Code and Section 206(d)(3)(H) of ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of such determination and the reasons therefor. g. Cominuin Jurisdiction. This Court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intern of the parties as provided in this Order and in the Agreement. Partici' ' (~~ Alternate Payee ...- Participant's Atto. Harold Irwin, III, Esquire 35 E. Hitner House Jane Adams, Esquire Carlisle, Pa. 17013 36 South Pitt Street (717) 243-6090 Carlisle, Pa. 17013 (717) 245-8508 Dated: Dated: 1-- °~O .__ OZ ORDERED and DECREED this 1~ ~ ~ day of ,204, BY THE C~ J. oq.lq-03 nar ;~q 03 02: 03/21/03 14.se ~al 6oe 2,~ 4~z, F[~~~ .. ~00~ , Fideli~ ~~e~ . ' Pagc 1 or'4 P~~ ~u~ ~ldin~ ~t(k) Plan ~ CLUBHOU~ ~~URG, PA 1 ..... I Your Acoount summa~ ~ni~ ~~, $20,794.08 ~ _. Endi~ ~d~io~ Inf~maO~ V~ted B~e $20,7~.05 _ p, ,,, .,~ This P~~ 0.0% hups://corl~rat~b~¢fir540 l.iid¢!.ity.com/plansponi.,or/websta~on/participanVsocVs~J_dc~il. 03/2.1/2003 JUL 11 ~t7~3 Prudential QDRO.wpd BARBARA L. BOWIE, ·IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERL~D COUNTY, PENNS~VANIA VS. · No. 01-2006 CivilTerm FREDERICK j. BOWIE, JR., 'ACTION IN DIVORCE Defendant . · · ORDER AND NOW, this / ¥,~)L day of ~~' ,2003, the attached Stipulation and Agreement dated of the parties in this case is incorporated, but not merged into this Order of Court. rRUE COPY FROM REGORD ~n Testi-mm~y whereof, I her~ ~:~to s~ ~r~ ,~~ and th~ seal of said Co~t at C~, P~ rhta__/¢..--~ day o~_/~ __. ~ (/ / / f / .... prOt%not~ra Prudent/al QDRO.wpd BARBARA L. BOWIE, ' IN THE COURT OF COMMON PLEAS ' Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · . VS. · No. 01-2006 CivilTerm · FREDERICK j. BOWIE, JR., ' ACTION 1N DIVORCE Defendant . DOMESTIC RELATIONS ORDER WHEREAS, Frederick J. Bowie, the "Participant" and Barbara L, Feldpush (formerly known as Barbara L. Bowie, also the Alternate Payee) have agreed and stipulated as follows; WHEREAS, this Order is intended to be a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 414(p) of the Code and section 206(d)(3) of ERISA; NOW THEREFORE, it is hereby ORDERED and DECREED as follows. · 1. Thc Defendant, Frederick J. Bowie (hereinafter referred to as "Member"). has a personal IRA account sponsored by Prudential Financial, contract no. E0068580. 2. Member's date of birth is: January 21, 1944 and his social security no. is 214-42-1854. 3. The Plaintiff, Barbara L. Feldpush, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is' January 1, 1944, and her social security no is. 217-40-4277. 17111.4. Member's last known mailing address is: 6806 Clubhouse Dr. Apt E, Harrisburg, Pa. 5. Alternate Payee's current mailing address is: 44 Wheatfield Dr., Carlisle, Pa. 17013 6. (a) The marital property component of Member's IRA benefit is $49,119.99. (b) $24,560.00 of the marital property component of Member's IRA is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. · 7. Alternate payee: The portion attributed to the alternate payee shall be transferred to a tax deferred account in her own name thus making this a tax-free transfer. Alternate payee shall be solely liable for any taxes s__ubsequent to the transfer of these fimds. 8. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 9. The Court of Co~mmon Pleas of Cumberland County, Penns lvani jurisdiction to amend any Domestic Relatio th~,~...: ....... Y a. shall retain ns ,.,.,~, utcorporaung this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order. 10. Upon entry of a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attending documents shall be served upon Frederick'J. Bowie and Barbara L. Feldpush immediately.. · WHEREFORE, the. parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Fre~der!c~. Bowie ' Defendan~ember Barbara L. Feldpush ' Alternate Payee Member's Harold Irwin, III 35 E. Hither Hous~ [,..~e Adams, Esquire Carlisle, Pa. 17013 36 South Pitt Street (717) 243-6090 Carlisle, Pa. 17013 (7~ 7) 245-8508 · Dated: 7- ~.- ~ Dated: "~~2_. [~) 'rudential Thc I~udcmial Ire~urancc Cmnpany ol An~:rk.-a · . I)m£'(I lile' IIL~UrallCe COllll~ll.v. a Mot'L t'l)ilIpall~- .~Ul~ldlur~. 01' '['lu. Pn.h',J/i,d hm,~w/u.~ ¢'Oml~mr ,l. f Amcrf,.a I'rudcm i~l AJI,mily .~crvic~' C~nh..r Account Statement' to March 31, 2001 FREDERICK j. BOWIE JR 44 WHEATFIELD DR Owner: FREDERICK j. BOWIE JR CARLISLE PA 17013 Annuitant: FREDERICK j. BOWIE JR Contract Number: E0068580 Contract Date: 03/I 0/1998 Type of Contract: Discovery Select Market: IRA · Please retain this statement for your records. Although great care has been taken in preparing this statement, we reserve the fight to amend the statement as needed. Investment Option(s) Number of Units Prudential Diversified Bond Unit Value Contract Fund Value Prudential Equity 9,568.61326 1.318140 Prudential High Yield Bond 6,051.61619 1.621310 $ 12.612.77 Prudential Jcnnison 6,18b.')'~08'~ · 9,811.55 -- - 1.183840 5,184.57251 1.905400 7,323.50 Janus Aspen Series Int'l Growth 2,690.62574 1.760860 9,878.68 MFS Emerging Growth Series 1,578.61400 1.494480 4,737.82 OCC Accumulation Trust- Small Cap 1,688.63633 2,359,1 Total Contract Fund Value 1.419170 '- 2,396.46 $ 49,119.99 Prudential QDRO.wpd BARBARA L. BOWIE, ·IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERL~D COUNTY, PENNSYLVANIA VS. 'No. 01 - 2006 Civil Term FREDE~CK j. BOWIE, JR., ' ACTION 1N DIVORCE Defendant . · AND NOW, this Iq,& day of ~~, ,2003, the attached Stipulation and Agreement dated incorporated, but not merged into this Order of Court.of the parties in this ease is Prudential QDRO.wpd · BARBARA L. BOWIE, ·IN THE COURT OF COMMON PLEAS '. Plaintiff ·CUMBERLAND COUNTY, PENNSYLVANIA · . vs. · No. 01 - 2006 Civil Term · FREDERICK J. BOWIE, JR., · ACTION IN DIVORCE Defendant · DOM. ESTIC RELATIONS, ORDER WHEREAS, Frederick J. Bowie, the "Participant" and Barbara L, Feldpush (formerly known as Barbara L. Bowie, also the Alternate Payee) have agreed and stipulated as follows; WHEREAS, this Order is intended to be a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 414(p) of the Code and section 206(d)(3) of ERISA; NOW THEREFORE, it is hereby ORDERED and DECREED as follows: . 1. The Defendant, Frederick J. Bowie (hereinafter referred to as "Member"j. has a personal IRA account sponsored by Prudential Financial, contract no. E0068580. 2. Member's date of birth is: January 21, 1944 and his social security no. is 214-42-1854. 3. The Plaintiff, Barbara L. Feldpush, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is: January 1, 1944, and her social security no is. 217-40-4277. 4. Member's last known mailing address is: 6806 Clubhouse Dr. Apt E, Harrisburg, Pa. 17111. 5. Alternate Payee's current mailing address is: 44 Wheatfield Dr., Carlisle, Pa. 17013 6. (a) The marital property component of Member's IRA benefit is $49,119.99. (b) $24,560.00 of the marital property component of Member's IRA is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 7. Alternate payee' The portion attributed to the alternate payee shall be transferred to a tax deferred account in her own name thus making this a tax-free transfer. Alternate payee shall be solely liable for any taxes subsequent to the transfer of these funds. 8. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. · 9. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order. 10. Upon entry of a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attending documents shall be served upon Frederick j. Bowie and Barbara L. Feldpush immediately. WHEREFORE, the. parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals: Fre~der!c~. Bowi~ ' .~~.t.~,..~...~,Z.Z,.,r,._- Defendant~ember Barbara L. Feldpt~sh Alternate Payee Member's Harold Irwin, 35 E. Hitner Hous~ [ e Adams, Esquire Carlisle, Pa. 17013 36 South Pitt Street (717) 243-6090 Carlisle, Pa. 17013 (717) 24S-SSO8 · Dated: ,7- ~,~~ Dated: .. )rudential 'rFk., I'rudcmiul ht~urum.-c ~'illlijSUll). ol Tlu. Pn, lr,:i,I l,~uram.e (~U,l~mv I'~mi31 ~muily ~rv~-e' Cenlcr ,',~.k.,,.,,.. ,.~ ,,,,,,, Account Stat~ent' to March 31, 200J FREDERICK J. BOWIE JR 44 WHEATFIELD DR Owner: FREDERICK J. BOWIE JR CARLISLE PA 17013 Annuitant: FREDERICK J. BOWIE JR Contract Number: E0068580 Contract Date: 03/10/1998 Type of Contract: Discovery Select Market: IRA your records Although great care has been taken in preparing this statement, we reserve the fight to amend the statement as needed. A count Summary as of 03/31/2001 Investment Option(s) Number of Units Unit Value Contract Fund Value Prudential Diversified Bond 9.568.61326 1.318140 $ 12.612.77 Prudential Equity 6,051.61619 1.62 i 310 9,811.55 Prudential High Yield Bond 6,186.__08_ 1.183840 7,323.50 3') ") · Prudential Jcnnison 5,184.57251 1.905400 9,878.68 Janus Aspen Series Int'l Growth 2,690.62574 1.760860 4,737.82 MFS Emerging Growth Series 1,578.61400 1.494480 2,359.21 OCC Accumulation Trust - Small Cap 1,688.63633 1.419170 2,396.46 Total Contract Fund Value $ 49,119.99 C tractActivity 01/01/2001 - 03/31/2001 imm MARRIAGE SETTLEMENT A GREEMEN________ T THIS AGREEMENT made this ~ day of Ju,~.~ ~002, by and between FREDERICK J. BOWIE, JR. (hereinafter referred to as "H~BAND") and BARBARA L. BOWIE (hereinafter referred to as 'INIFE"). WITNESSETH. WHEREAS, HUSBAND and WIFE were lawfully married on _",ne 6, 1964; and WHEREAS, the parties hereto have agreed to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the .ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows' 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever I I~.J~71.;r'~lll~ vi VEl, "'-I '''"'' '"'" r" ............... as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE' No later than April 1, 2004, the parties will list the marital home, located at 44 Wheaffield Drive, Carlisle, Cumberland County, Pennsylvania 17013, for sale with a real estate broker. Both parties will use their best efforts to market and sell the home after the listing. Upon final settlement, the net proceeds from the sale of the home will be divided equally between the parties. The Davoff on the n~rti~..~' ininf hnm,-, an,,;*,, I ...... :,, L_. _, ....... shall also be entitled to one-half of the value of HUSBAND's Synertech 401K account as of April 1, 2001. Both the Unisys and Synertech amounts to which WIFE is entitled by virtue of this paragraph shall be payable to WIFE in accordance with the terms of a standard Qualified Domestic Relations Order. WIFE shall retain any pension or retirement account now held by the WIFE free of any claim by the HUSBAND. 2.) Bank Accounts - All of the parties' joint bank accounts shall be equally divided by the parties within thirty days of the execution of this agreement. Both parties, however, shall retain any individually held bank accounts free of any claim by the other party. Notwithstanding the foregoing, the parties' accounts at Members' First, which have been established for the payment of their automobile loan payments, will remain the property of the party for whose automobile loan payments the account was established and each party shall sign off the other's account, if necessary. 3.) Other Pemonal Property. The parties agree that they have equitably divided all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they have mutually agreed. WIFE agrees that HUSBAND still has some tools and other personal belongings at the marital home which he shall remove within sixty days after the execution of this agreement. HUSBAND shall accomplish such removal by scheduling a time to do so by the mutual agreement of the parties. 7. INCOME TAX RETURNS_: Income tax returns for tax year 2002 and all future tax years will be filed separately and the parties' will each retain any refund due to them. 8. SUPPORT_ AN~D A_ALIMONY: A. Husband's Waiver of Support: HUSBAND waives and foregoes all financial and material spousal support from the WIFE and agrees not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. B. Husband's Payment of Support, Alimony and Alimony Pendente Lite to Wife: HUSBAND agrees to pay spousal support, alimony and/or alimony pendente lite to WIFE in the amount of $500.00 per month, effective from the date HUSBAND began making such payments after the parties' separation. Said monthly payments to the WIFE shall continue until April 1, 2009 or the month of the HUSBAND's retirement from his current employment, whichever occurs last. At such time the amount of the HUSBAND's monthly payment to WIFE shall be reviewed and may be adjusted in accordance with subparagraph C. below. C. Review of Support, Alimony and Alimony Pendente Lite Amount: Both parties agree that a review of the parties' circumstances shall take place on or about April 1, 2009 or the month of HUSBAND's retirement from his current employment, whichever occurs last. However, at any time after the date of this agreement, should either party's circumstances change resulting in an increase or decrease of income in excess of 20% more or less than their present levels (or 20% more or less than any subsequent time of review as provided herein), either party may request a review of the. support payments required under this paragraph to determine if appropriate adjustments should be made in accordance with the guidelines and alimony factors established by the Commonwealth of Pennsylvania. Any such review shall include a consideration of the parties' net income and/or earning capacity. If the parties are unable to mutually agree on the continuation, increase or decrease of alimony upon any such review, then either party shall have the right to seek modification of said amount by appropriate petition in accordance with said guidelines and alimony factors and the agreements of the parties herein. Nothing herein shall prevent either party from normal retirement, nor shall either party be to deemed to have an earning capacity greater than their retirement income if they choose to retire at normal retirement age and not enter into additional employment. D. Termination of Support, Alimony and Alimony Pendente Lite Payments - All support, alimony or alimony pendente lite payments from HUSBAND to WIFE in accordance with this agreement, if not previously terminated under subparagraph C. above, shall terminate upon the HUSBAND's death or the WIFE's death, remarriage or co-habitation with another man, whichever shall first occur. 9. DIVORCE. It is agreed that more than ninety days have expired since the date of service of the divorce complaint (the date service of the divorce complaint was April 9, 2001). Simultaneously with the execution of this agreement, the parties will execute and file the consents and waivers necessary to obtain the divorce. 10. BREACH. In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of'this agreement shall be recoverable as part of the judgment entered by the court. 11. ADDITIONAl__ INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 12. VOLUNTARY_ E__XECUTION- The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so after consultation with their attorneys and a conference between the parties, counsel and the Divorce Master. HUSBAND's attorney is Harold S. Irwin, III, Esquire and WIFE's attorney is Jane Adams, Esquire. 13. ENTIRE _AGREEMENt: This agreement contains the entire understanding of the parties and th'em are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. APPLICABL~ _LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. PRIO~ AGREEMENTS. It is understood and agreed that anY and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 16. WAIVER O~F __CLAIMS_ ~AGAINST_ THeE ESTATES. Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to sham in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. (SEAL) (SEAL) COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND :SS. PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ~ day of Ju I~,~ 2002, FREDERICK j. BOWIE, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have here~ set my hand and official seal. He,'~d S. In,,.=....: Nolary Public I Ci~r~L,..~.;~..? Boro, ~;0.,:;';!~erlall~lCounty My Cc, m;'~' ..:sion Ex.': ...... 23 200 ~: .:..~ ...:.s~. ..... .... =.j Member, P~;=~ .... ,/k, ania A~.:- '.-"~atton of Notaries COMMONWEALTH OF PENNSYLVANIA · COUNTY OF CUMBERLAND 'SS' PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this .~~ day of~002, BARBARA L. BOWIE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and, acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. -' _ _ BARBARA L. BOWIE, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY PENNSYLVANIA vs. · NO. 01 - 2006 CIVIL · FREDERICK j. BOWIE, JR., · Defendant ' IN DIVORCE ORDER OF COURT AND NOW this ~~~ ~ ' -- _ day of 2002, the economic claims raised in the proceedings having ' been resolved in accordance with a marriage settlement agreement dated July 8, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc- Jane Adams Attorney for Plaintiff Harold S. Irwin, III Attorney for Defendant BARBARA L. BOWIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · : No. 01 - 2006 Civil Term · FREDERICK j. BOWIE, JR., : Defendant · ACTION IN DIVORCE · · TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under _~3301(c~ of the Divorce 2. Date and manner of the service of the Complaint: Delivered b certified mail ? -o/ 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: '7' [/-~/. O'"~,,,, By Defendant: '-~' ~-(:3 "'g,,, 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Respectfull, · Date: .~le Adams, Esquire · No. 79465 36 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 IN THE COURT OF COMMON PLEAS CF CUMBERLAND COUNTY STd.'YE OF PENNA. Barbara L. Bowie, Plaintiff NO._ 2006 -S-01 VERSUS I Frederick J. Bowie, Jr., Defendant .i --_ DEC REE IN AND NO ,-- _, IT IS ORDERED AND Barbara L. Bowie DECREED THAT , PLAINTIFF, Frederick J. Bowie Jr. AND ' ., 'DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF' THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. ONOTARY Prudential QDRO.wpd · BARBARA L. BOWIE, ·IN THE COURT OF COMMON PLEAS ' Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · . vs. 'No. 01-2006 CivilTerm FREDERICK J. BOWIE, JR., ·ACTION 1N DIVORCE Defendant . DOMESTIC RELATIONS ORDER WHEREAS, Frederick J. Bowie, the "Participant" and Barbara L. Feldpush (formerly known as Barbara L. Bowie, also the Alternate Payee) have agreed and stipulated as follows; WHEREAS, this Order is intended to be a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 414(p) of the Code and section 206(d)(3) of ERISA; NOW THEREFORE, it is hereby ORDERED and DECREED as follows: 1. The Defendant, Frederick J. Bowie (hereinafter referred to as "Member"). has a personal IRA account sponsored by Prudential Financial, contract no. E0068580. 2. Member's date of birth is: January 21, 1944 and his social security no. is 214-42-1854. 3. The Plaintiff, Barbara L. Feldpush, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is: January 1 1944, and her social security no is. 217-40-4277. , 17111.4. Member's last known mailing ad&ess is: 6806 Clubhouse Dr. Apt E, Han'isb~g, Pa. 5. Alternate Payee's current mailing address is' 44 Wheatfield Dr., Carlisle, Pa. 17013 6. (a) The marital property component of Member's IRA benefit is $49,119.99. (b) $24,560.00 of the marital property component of Member's IRA is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. · 7. Alternate payee' The portion attributed to the alternate payee shall be transferred to a tax deferred account in her own name thus making this a tax-free transfer. Alternate payee shall be solely liable for any taxes s__ubsequent to the transfer of these funds. Prudential QDRO.wpd BARBARA L. BOWIE, ·IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERLAND COUNTY, PENNS~VAN~ VS. ·No. 01 - 2006 Civil Term FREDE~CK j. BOWIE, JR., ' ACTION IN DIVORCE Defendant . · _ORDEIt A~o ~ow, ~ iq.la. - day of ~ ,2003, the attached Stipulation and Agreement dated ~"~ of the parties in this case is incorporated, but not merged into this Order of Court.