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F:\User FoJder\Firrn Docs1Gendocs200513693. Idiv.complaint wpd
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JODI LEE BOWMAN,
Plaintiff
v.
CNIL ACTION - LA W L~
NO. 2005- qLJS C;(.)~ 182....vY'\
FRANKLIN L. BOWMAN,
Defendant
IN DNORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court.
A judgment may also be entered against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights important to you, including custody
or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is
kept as a convenience to you and you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within twenty (20)
days of the date on which you receive this notice. Failure to do so will constitute a waiver of your
right to request counseling.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JODI LEE BOWMAN,
Plaintiff
v.
CIVIL ACTION - LAW
NO. 2005-
FRANKLIN L. BOWMAN,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this I~day of February, 2005 comes Plaintiff, Jodi Lee Bowman, by and
through her attorneys, Knight & Associates, P.C" and files the following Complaint in Divorce, and
in support thereof avers as follows:
1. The Plaintiff is Jodi Lee Bowman, who resides at 316 Burd Street, Shippensburg,
Cumberland County, Pennsylvania 17257.
2. The Defendant is Franklin L. Bowman, who resides at 650 Prospect Avenue,
Shippensburg, Franklin County, Pennsylvania 17257.
3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident
of the Commonwealth ofPellllsylvania and has so been for a period of more than six (6) months
immediately preceding the filing of this Complaint in Divorce.
4. The parties were married on September 4, 1998, in Chambersburg, Franklin County,
Pennsylvania.
5. The marriage is irretrievably broken. The foregoing facts are averred and brought
under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended.
6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff
may have the right to request that the Court require the Parties to participate in counseling, and
Plaintiff waives same.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce,
divorcing the Plaintiff from the Defendant.
Respectfully submitted,
Sean M. Shultz, Esquire
Attorney ID No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
KNIGHT & ASSOCIATE
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Attorneys for Plaintiff
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered by
my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and
not my own. I have read the Complaint in Divorce and to the extent that the document is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JODI LEE BOWMAN,
Plaintiff
Y.
CIVIL ACTION - LAW
NO.)':] -1l.f5 c',,,,1
FRANKLIN L. BOWMAN,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
1, Richard L Webber, Jr., Esquire, accept service of the Complaint in Divorce in the above-
captioned matter on behalf ofthe Defendant, Franklin L Bowman, and I certify that I am authorized
to do so,
Date: /""'1, (" < L ], 2005
6~0./l ~i4-
Richard L Webber, Jr., Esquire '
Weigle & Associates, P.c.
] 26 East King Street
Shippensburg, Pennsylvania 17257
(717) 532-7388
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JODI LEE BOWMAN,
Plaintiff
v.
CIVIL ACTION - LAW
NO. 2005-945 CIVIL TERM
FRANKLIN L. BOWMAN,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce Under S 3301(c) of the Divorce Code was filed on February 23,
2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date offijing 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 understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
Dated:
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Franklin L. Bowman, Defendant
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JODI LEE BOWMAN,
Plaintiff
v.
CIVIL ACTION - LAW
NO. 2005-945 CIVIL TERM
FRANKLIN L. BOWMAN,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER ~ 3301(c) AND ~ 3301(d) OF THE DIVORCE CODE
I. 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 I 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. 9 4904 relating to unsworn
falsification to authorities.
Dated: :;{~ '/- ell';
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Franklin L. Bowman, Defendant
WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JODI LEE BOWMAN,
Plaintiff
v.
CIVIL ACTION - LAW
NO. 2005-945 CIVIL TERM
FRANKLIN L. BOWMAN,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce Under S 3301(c) of the Divorce Code was filed on February 23,
2005.
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of Intention to
Request Entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
Dated:
/1-;27--05
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WEIGLE & ASSOCIATES. P.c. - ATTORNEVS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG. PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
JODI LEE BOWMAN,
Plaintiff
v.
CIVIL ACTION - LAW
NO. 2005-945 CIVIL TERM
FRANKLIN L. BOWMAN,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE
I. 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 I 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. 9 4904 relating to unsworn
falsification to authorities.
Dated:
/I-cJ.'1-05
WEIGLE & ASSOCIATES, pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
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SEPARATION AGREEMENT
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THIS AGREEMENT, made this ~ dayof 01 (r...., 4{ or _,2004, by and between
FRANKLIN L. BOWMAN, of650 Prospect Avenue, Shipp ens burg, Franklin County, Pennsylvania,
party of the first part, hereinafter referred to as "Husband" and JODI LEE BOWMAN, of316 Burd
Street, Shippensburg, Franklin County, Pennsylvania, party of the second part, hereinafter referred
to as "Wife,"
WITNESSETH:
WHEREAS, Husband and Wife were married on September 4, 1998, in Chambersburg,
Franklin County, Pennsylvania; and
WHEREAS, Husband and Wife have been living separate and apart from each other since
August 1,2004;
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six (6) months; and
WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto
which have made them desirous of continuing to living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights
and obligations, and make an equitable distribution oftheir marital property;
WHEREAS, there was one child born of the marriage: Corbin Lee Bowman, born January
8, 1999, in Chambersburg, Pennsylvania; and
WHEREAS, it is the intention and purpose ofthis Agreement to set forth the respective rights
and duties of the parties while they continue to live apart from each other and to settle all financial
and property rights between them; and
WHEREAS, the parties hereto have mutually entered into agreement for the division oftheir
jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of
their mutual differences, after both have had full and ample opportunity to consult with their
respective attorneys, and the parties now wish to have that agreement reduced to writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept
promises set forth herein and for other good and valuable consideration, intending to be legally
bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby
covenant, promise and agree as follows:
FL~
Page 1 of 9
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ARTICLE I: SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from
each other and to reside from time to time at such place or places as they shall deem fit free from any
control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other
or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other
proceedings, The foregoing provision shall not be taken to be an admission on the part of either
Husband or Wife of the lawfulness of the causes leading to them living separate and apart.
ARTICLE II: DNORCE
2,1
This Agreement is not predicated on divorce, It is specifically understood and agreed by and
between the parties hereto and each of the said parties does warrant and represent to the other that
the execution and delivery of this Agreement is not predicated upon nor made subject to any
agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any
action for divorce; provided, however, that nothing contained in this Agreement shall prevent or
preclude either ofthe parties hereto from commencing, instituting or prosecuting any action or action
for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either
party from defending any such action which has been, may, or shall be instituted by the other party,
or for making any just or proper defense thereto, It is warranted, covenanted, and represented by
Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this
warranty, covenant, and representation is made for the specific purpose of inducing Husband and
Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby
waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason
whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby
walTant, covenant and agree that, in any possible event he an she are and ever shall be estopped from
asserting any illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision ofthis Agreement relating
to the equitable distribution of property ofthe parties are accepted by each party as a final settlement
of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of
separation or divorce in any other state, county, or jurisdiction, each ofthe parties to this Agreement
hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way
by any such separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or
not either or both ofthe parties should remarry, it being understood by and between the parties that
this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce
or separation,
Page 2 of 9
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2,3
It is specifically agreed that a copy of this Agreement may be incorporated by reference into
any divorce judgment or decree if or whenever sought by any of the parties hereto. Such
incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit
this Agreement to survive any such agreements.
2.4
It is specifically agreed that this Agreement will remain in full force and effect in the event
the parties attempted a reconciliation,
ARTICLE III: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms to
the criteria set forth in Section 3502 ofthe Pennsylvania Domestic Relations Code, and taking into
account the following considerations: the length ofthe marriage; the prior marriages ofthe parties;
the age, health, station, amount and sources of income, vocational skills, employability, estate,
liabilities, and need for each of the parties; the contribution of one party to the education, training
or increased earning power ofthe other party; the opportunity of each party for future acquisition of
capital assets and income; the sources of income of both parties, including, but not limited to
medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the
acquisition, preservation, depreciation, or appreciation of marital property, including the contribution
of a party as a homemaker; the value of the property set apart to each party; the standard of living
of the parties established during their marriage.
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being effected without the introduction of outside
funds or other property not constituting marital property. The division of property under this
Agreement shall be in full satisfaction of all rights of equitable distribution of the parties,
3.3
The parties shall retain sole and exclusive right, title and possession of all personal property
currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever
for any personal property in Wife's possession, Additionally, except as provided for herein, Wife
shall make no claim whatsoever for any personal property in Husband's possession, Should it be
necessary for either party to execute any documents to convey title to any such personal property in
the other party's possession, they shall do so within thirty (30) days of the execution of this
Agreement or within thirty (30) days of the request from the opposing party,
a. Husband shall receive all furnishings in the marital home at 650 Prospect
Avenue, Shippensburg, Franklin County, Pennsylvania,
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Page 3 of 9
b. Husband shall retain as his sole property any bank accounts held jointly by
Husband and Wife with the exception ofthe trust account for the parties' son, Corbin, M&T Bank
account number 15004207108877, which shall remain in both parties' names,
c, Husband shall receive the parties' dogs, Lager and Paige.
3.4
Except as provided herein, Wife waives any right or interest she may have in Husband's
employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan
or related matters. Except as provided herein, Husband waives any right or interest he may have in
Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase
plan, profit sharing plan or related matters.
a. Husband shall pay to Wife the sum ofPifteen Thousand Dollars ($15,000,00)
upon the signing ofthis Agreement and the signing ofa Quit-Claim deed as referenced in 3.4(b)..
b, Wife shall transfer to Husband all her right, title and interest in and to the
parties' jointly owned property located at 650 Prospect Avenue, Shippensburg, Franklin County,
Pennsylvania upon Husband's request. Wife agrees to sign a Quit Claim deed at the time of the
signing of this Agreement, said deed to be held in escrow. The parties agree that the Quit Claim
deed shall be recorded in the event Wife does not sign the General Warranty Deed conveying the
said property to Husband after thirty (30) days of receiving his request to do so,
Husband shall assume sole responsibility for the mortgage on said property
to M&T with an approximate balance of One Hundred Ten Thousand Two Hundred Sixty-Four
Dollars ($110,264,00) and shall hold Wife harmless from any liability or loss in connection with
same. Husband shall be solely responsible for the real estate taxes on said property and shall hold
Wife harmless from any liability or loss in connection with same. Wife agrees that she has no further
financial interest in the said real estate and improvements and that she is not entitled to any proceeds
in the event that it is sold.
c. Each party relinquishes any right, title and interest he or she may have to any
and all motor vehicles currently in the possession of the other party. Wife agrees to transfer to
Husband all her right, title and interest in the parties' 2003 Land Rover and the 4-wheeler presently
in Husband's possession. Husband agrees to transfer to Wife all his right, title and interest in the
parties' 2000 Oldsmobile presently in Wife's possession. Ifnecessary, within thirty (30) days of the
date of execution of this document, each party shall execute the necessary documents to have said
vehicles property registered in the other party's name with the Pennsylvania Department of
Transportation.
d. Husband shall assume sole responsibility for the loan on the 2003 Land Rover
owed to Chase Automotive Financing with an approximate balance of Twenty-Three Thousand
Dollars ($23,000,00), and shall indemnify and hold Wife harmless from any liability in conn tion
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Page 4 of 9
with same,
3,5
Husband and Wife agree to waive and relinquish any and all right that he or she may now
have or hereafter acquire in any real or tangible personal property subsequently acquired by the other
party. Husband and Wife specifically agree to waive and relinquish any right in such property that
may arise as a result of the marriage relationship,
ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE
4.1
The parties herein acknowledge that by this Agreement they have respectively secured and
maintained a substantial and adequate fund with which to provide themselves sufficient resources
to provide for their comfort, maintenance, and support in the station of life in which they are
accustomed, Except as provided herein, Husband and Wife do hereby waive, release and give up
any rights they may respectively have against the other for alimony pendente lite, spousal support,
or maintenance,
4,2
Husband and Wife specifically waive, release and give up any rights for alimony that they
may be entitled to pursuant to Chapter 37 ofthe Pennsylvania Domestic Relations Code.
ARTICLE V: DEBTS OF THE PARTIES
5,1
Each party represents to the other that except as otherwise specifically set forth herein, there
are no major outstanding obligations of the parties, that since the separation neither party has
contracted for any debts for which the other will be responsible and each party indemnifies and holds
harmless the other for all obligations separately incurred or assumed under this Agreement.
Husband shall assume sole responsibility for the following marital debts and agrees to
indemnify and hold Wife harmless from any and all loss or liability in connection with same:
a. Debt to Disney credit card having an approximate balance of Four Thousand
Dollars($4,000.00), which has been paid offby Husband,
b. Debt to Citibank having an approximate balance of Five Thousand Dollars
($5,000.00), which has been paid offby Husband,
c, Wife's car insurance with State Farm Insurance having an annual premium
of approximately Five Hundred Dollars ($500,00). This provision will end upon the divorce ofthe
parties or in the event of the premium increasing to more than Five Hundred Dollars ($500,00),
whiohwIT ,OC""IT fi"j ,
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5,2
Wife shall assume sole responsibility for the following marital debt and agrees to indemnify
and hold Husband harmless from any and all Joss or liability in connection with same.
a, The parties joint cell phone bill to Verizon Wireless having an approximate
monthly payment of Thirty Dollars ($30.00) until a Divorce Decrec is entered, at which time the
parties shall share the cost equally until at least one Party enters into a separate contract for cell
phone service, This paragraph does not create an obligation to retain the Verizon Wireless contract
beyond its expiration date should the parties mutually agree to terminate the contract as evidenced
in writing,
In the event either party contracted for or incurred any debts since the date of separation, the
party who incurred said debt shall be responsible for the payment thereof regardless of the name in
which the account may have been charged, Husband and Wife acknowledge and agree that they have
no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this
Agreement.
ARTICLE VI: CUSTODY AND SUPPORT OF CHILDREN
6,1
The parties agree to shared legal and physical custody of the child of the marriage, Corbin
Lee Bowman, Both Husband and Wife shall be responsible for the day to day decisions when they
have custody of Corbin, Neither party has the right to make a unilateral decision of the following
major issues: Edllcation; Medical treatment (other than emergency treatment); and General welfare,
It is agreed between the parties that any decisions on these issues will be made jointly,
6,2
Each party agrees to keep the other apprized of any and all matters relating to Corbin's
health, education, welfare, and activities,
6,3
Wife shall continue to provide health insurance for Corbin and for Husband. Husband shall
be solely responsible for any unreimbursed medical expenses incurred for his health care, The
parties agree that they will equally share in any unreimbursed medical expenses incurred for the care
of Corbin, The Parties agree that upon entry of a decree divorcing the Parties, Wife shall not be
required to provide health insurance for Husband,
6.4
Beginning with the tax year that ends December 31, 2004, the parties hereby agree that for
Income Tax purposes, Wife shall claim Corbin as a Dependent and Husband shall claim the interest
on the marital home,
6,5
Husband shall pay to Wife one-half (Y2) of Corbin's daycare expenses provided that cus ody
remains spared on a 50/50 basis,
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Page 6 of 9
ARTICLE VII: MISCELLANEOUS PROVISIONS
7.1
The Parties hereto have retained independent legal counsel. The provisions of this
Agreement and their legal effect have been fully explained to the parties by their respective counsel
or the parties have waived their right to have legal advice regarding the meaning and implication of
this Agreement. The parties agree and consent to the fact that Sean M. Shultz, Esquire, of Hanft &
Knight, P,c., represents Wife, Husband has had the opportunity to retain independent legal counsel.
The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable,
that it is being entered into freely and voluntarily, after having received such advice and with such
knowledge that execution of this Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement or agreements.
7.2
Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the
other and the estate of the other, for all times to come and for all purposes whatsoever, of and from
any and all legal right, title and interest, or claims in or against the property of the other or against
the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof, whether
arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower
or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family
exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's
will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of ( a)
Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or (c) any other country,
or any rights which either party may have or at any time hereafter have for past, present, or future
support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by
execution ofthis Agreement a full, complete, and general release with respect to any and all property
of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter
acquire, except and only except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any thereof.
7.3
Each party represents that since separation, they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold
the other party harmless from and against any and all such debts, liabilities or obligations of each of
them, including those for necessities, except for the obligations arising out of this Agreement.
PHUSb,a "n}d~ an?ife each warrant, covenant, represent and agree that each will, now and at all t'mes
rU!-! Page 7 of 9
hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities
incurred by the other after the execution date ofthis Agreement, except as is otherwise specifically
provided herein,
7.4
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be
deemed a waiver of any subsequent default of the same or similar nature.
7.5
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of this Agreement.
7.6
This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their
respective heirs, executors, administrators, successors and assigns,
7.7
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or warranties other
than those expressly set forth herein.
7.8
If any term, condition, clause, section, or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or
provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be
valid and continue in full force, effect, and operation, Likewise, the failure of any party to meet his
or her obligation under anyone or more of the articles and sections herein shall in no way void or
alter the remaining obligations of the parties,
7,9
It is specifically understood and agreed that this Agreement constitutes an equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Domestic
Relations Code of the Commonwealth of Pennsylvania,
7.10
The parties warrant and represent that they have made full disclosure of all assets prior to the
execution of this Agreement. Each party represents and warrants that he or she has made a full and
fair disclosure to the other of all of his or her personal property interests of any nature, including any
mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any pro rt
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L Page 8 of 9
and obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other. Each further warrants,
represents, and declares that each is and has been fully and completely informed of and is familiar
with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and
income ofthe other and that each has made a full and complete disclosure to the other of his and her
entire assets and liabilities and any further enumeration or statement thereof in this Agreement is
specifically waived.
Each party acknowledges that, to the extent desired, he or she has had access to all joint and
separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf
of either or both Parties during marriage.
7.11
In the event either party to this Agreement shall breach any term, covenant or other obligation
herein, the non-breaching party shall be entitled, in addition to all other remedies available at law
or in equity, to recover from the breaching party all costs which the non-breaching party may incur,
including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the
terms of this Agreement.
7.12
This Agreement shall survive any action for divorce and decree of divorce and shall forever
be binding and conclusive on the parties; and any independent action may be brought, either at law
or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have
been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to
be obtained by both of the parties hereto and the covenants and agreements of each of the parties to
the other. The adequacy of the consideration for all agreements herein contained is stipulated,
confessed, and admitted by the parties, and the parties intend to be legally bound hereby.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
WITNESSED BY:
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Franklin L. Bowman
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
JODI LEE BOWMAN,
Plaintiff
v,
CIVIL ACTION - LAW
NO. 2005-945 CIVIL TERM
FRANKLIN L. BOWMAN,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Grounds for divorce: irretrievable breakdown under 9 330 I (c) of the Divorce Code.
2. Date and manner of service of the Complaint: March 3, 2005, by mailing postage paid, to
Richard L. Webber, Jr., Esquire, attorney for Defendant, at Shippensburg, Pennsylvania.
3. Date of execution of the Affidavit of Consent required by 9 330l(c) of the Divorce Code:
by Plaintiff, November 29,2005; by Defendant, August 9, 2005.
4. Related claims pending: None: The attached Marital Agreement between the parties dated
December 8, 2005, shall be incorporated but not merged into this Decree in Divorce
pursuant to the said Agreement.
5. Date Plaintiff's Waiver in 9 330l(c) Divorce was filed with the prothonotary:
December12,2005
Date Defendant's Waiver of Notice in 9 330l(c) Divorce was filed with the prothonotary:
August 11,2005.
WEIGLE & ASSOCIATES, P.c.
7
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Richard L. Webber, Jr., Esquire
Attorney for Defendant
Attorney ID #49634
126 East King Street
Shippensburg, P A 17257
Telephone (717)532-7388
/)
//
WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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JODI LEE BOWMAN.
PLAINTIFF
No.
2005-945
VERSUS
FRANKLIN L. BOWMAN.
DEFENDANT
DECREE IN
DIVORCE
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ORDERED AND
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JODI LEE BOWMAN
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DECREED THAT
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FRANKLIN L. BOWMAN
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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 WHICf-1 A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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THE ATTACHED MARITAL AGREEMENT BETWEEN THE PARTIES DAED DECEMBER 8. 2005
SHALL BE INCORPORATED BUT NOT MERGED I CREE IN DIVORCE PURSUANT
TO THE SAID AGREEMENT.
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PROTHONOTARY
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