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Home My WebLink About02-1154HARRY D. OWENS, JR., Plaintiff BEVERLY J. OWENS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. //..Ct/ IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier quej a o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland Cotmty Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 1-800-990-9108 HARRY D. OWENS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. ~ ! BEVERLY J. OWENS, : Defendant : IN DIVORCE COMPLAINT IN DIVORCE COUNT I DIVORCE AND NOW comes the above Plaintiff, Harry D. Owens, Jr., byhis attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Harry D. Owens, Jr., is an adult individual who resides at 295 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, Beverly J. Owens, is an adult individual who resides at 295 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 21, 1976, in Duryea, Luzerne County, Pennsylvania. 5. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 330 l(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on October 1, 2001. 7. There have been no prior actions in divorce between the parties. 8. Plaintiff has been advised of the availability of counseling and that Plaintiffmay have the fight to request the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage until October 1, 2001, the date of their separation. Plaintiff and Defendant have been unable to agree as to an equitable division of said 11. property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all 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.A. §4904 relating to unsworn falsification to authorities. Bye. -et-/ 'Y HARRY D. OWENS, JR., Plaintiff By: Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff HARRY D. OWENS, JR., Plaintiff V BEVERLY J. OWENS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1154 IN DIVORCE PRAECIPE TO THEPROTHONOTARY: Please enter the appearance of Hubert X. Gilroy, Esquire and the firm of Broujos & Gilroy, P.C. on behalf of Defendant Beverly J. Owens. On behalf of the Defendant, I hereby accept service of a true and correct copy of the Complaint in Divorce filed in the above matter. Date: (717) 243-4574 Supreme Court ID No. 29943 HARRY D. OWENS, JR., Plaintiff BEVERLY J. OWENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1154 CIVIL TERM IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER RULE 1920.31 I hereby file the Statement of Income and Expenses required under Rule 1920.31 and verify that the information therein contained is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Harry D. Owens, Jr., Plaintiff INCOME AND EXPENSE STATEMENT OF HARRY D. OWENS~ JR. INCOME Employer: Address: Type of Work: Payroll Number: --- Pay Period: Bi-weekly Gross Pay Per Pay Period: $2,463.49 Itemized Payroll Deductions: Federal Withholding $ 370.87 Social Security $ 152.73 Local Wage Tax $ 39.41 State Income Tax $ 75.63 Life Insurance $ N/A Health Insurance $ N/A Medicare $ N/A Net Pay Per Pay Period Pennsylvania Bar Institute 5080 Ritter Road Mechanicsburg, PA 17055-6903 Associate Director $1,776.91 OTHER INCOME: Interest (C.D. & Mun. Bonds) Dividends Pension Annuity Social Security Rents Royalties Expense Aecoum Unemployment Comp. Workmen's Comp. Gifts Total MONTHLY $ ~ N/A $ N/A $2,588.22~ $ N/A $ N/A $ N/A $ N/A $ N/A $ N/A $ N/A $ N/A $2,588.22 XWife receives full mount. HOME: Rent Lawn Malmenance Utilities: Electric Gas/Oil Sewer Telephone Water EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate/Personal Property INSURANCE: Homeowners Automobile(s) Life VGLI Accident EXPENSES MONTHLY $995.00 $ N/A $149.21 $ N/A $ N/A $ 58.56 $ 32.06 $ N/A $125.00 $ N/A $ N/A $ 81.31 $ 60.90 $ 19.20 $ N/A Health Renters AUTOMOBILES: Payments Fuel (all vehicles) Repairs MEDICAL: Counseling Services Doctor Dentist Medicine PERSONAL: Clothing Food Barber Credit Card Memberships $ 38.332 (includes coverage for Defendant) $ 31.433 (includes coverage for Defendant) $ 17.06 $617.76 $200.00 $ 30.00 $ 25.00 $ N/A $ N/A $ N/A $ 70.00 $250.00 $ 7.00 $135.00 $ 18.66 2Tricare ~AUSA Mastercare Supplemental LOANS: Credit Union MISCELLANEOUS: Papers/Books/Magazines Entertainmem Pay T.V. Vacation Gifts Legal Fees Charitable Contributions IDS Funds Contribution $ N/A $ 6.09 $150.00 $102.00 $ N/A $250.00 $112.50 $ 80.00 $300.00 TOTAL EXPENSES $3,962.07 PENNSYLVANIA BAR INSTITUTE 5080 RITTER ROAD MECHANICSBURG, PA 17055 Earnings Statement Period Ending; '. 02/20/2004 Pay Date: 02/26/2004 Earnings Taxable Marital Status: Married Exemptions/Aliswances; Federal: 0,$75 Additional Tax State: N/A Local: 0 Social Security Number; 211-44-9370 rate hours this period Regular Deductions year to date 12,317.45 Statutory Federal Income Tax -370.87 I ,854.35 Social Security Tax -152.73 763.68 Medicare Tax -35.72 178.60 PA State Income Tax -75.63 378.15 Upper Allen Income Tax -39.41 197.05 PA SUI/SDI Tax -2,22 11.09 Other Check3 - 1,776.91 Unfund - 10.00 Opt 10.00 Your federal taxable wages this period are $2,463,49 HARRY D OWENS JR 314l LIBERTY CT MECHANICSBURG PA 17050 Other Benefits and Information this period total to date Sick 239.52 Vacation 191.25 ;PENNSYLVANiA BAR INSTIT~rE / ~ ;.,, ".~ A~e number_; /:50~ ~ER: ROAD'; ,, ' ; >¢, }"'~a9 a~ MECHAN~SBURG PA 17~ ; ~ ' ~ ~ ~ .~ ~ ~- *~' to the account of ~ ~ ~ ~ ~ a~oU~t number transit ABA amount 536279334 0313 0184 $1.776.91 HARRY D OWENS JR NON-NEGOTIABLE STATEMENT EFFECTIVE DATE NEW PAY DUE AS OF SS~ DEC 02, 2003 JAN 02, 2004 211 44 9370 PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES DEFENSE FINANCE AND ACCOUNTINO SERVICE LTC HARRY D OWENS JR USA RET ~osox?~3o LONDON KY 40742~130 314 LIBERTY CRT MECHANICSBURG PA 17050-1830 COMMEEC~AL (216) $22-59S$ TOLL FREE I~00-321-10S0 TOLL FREE FAX 1-g00~69~$$9 myPay ht tps://myPay.d fas.mil ITE FITW 293.22 302.61 SBP COSTS _ _Z.~u~._z.~ . .z~.~ ALLOTMENTS/BONDS ~90.54. ]90.$h ........ 3,018-75 TAXABLE iNCOME NET PAY 2,$35.03 2,588.22 TAXABLE INCOME: 3G,225.48 FEDERAL INCOME TAX WITHHELD: 3,720.94 DIRECT DEPOSIT FEDERAL WITHHOLDING STATUS: MARRIED TOTAL EXEMPTIONS: O0 FEDERAL INCOME TAX WITHHELD: 302.6] SBP COVERAGE TYPE: SPOUSE AND CHILD(REN) ANNUITY BASE AMOUNT: 3,~99.h7 SPOUSE COST: 214~ $5~ ANNUITY AMOUNT: CHILO COST: 35[ ANNUITY AMOUNT: ],]$4.8] . SPOUSE DOB: JUN 0], ]956 CHILD DOB: FEB il, ]9~2 THE ANNUITY PAYABLE IS ~{~ OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REACHES AGE 62. AT AGE THE ANNUITY MAY BE REDUCED DUE TO SOCIAL SECURITY OFFSET, OR UNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN ~{~ (S]]54.8]) AND 55~ ($]8]4.70) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE ANNUITY AND THE SOCIAL SECURITY BENEFITS WILL PROVIDE TOTAL PAYMENTS FROM DFAS AND THE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55~ OF YOUR BASE AMOUNT. THE ACTUAL ANNUITY PAYABLE iS DEPENDENT ON FACTORS IN EFFECT WEEN THE ANNUITY IS ESTABLISHED. OWENS ALLOTMENT TYPE .' .' PAYEE AMOUNT INSURANCE AMERICAN EXPRESS ]00.00 INSURANCE VGLI 19.20 INSURANCE RETIRED DENTAL PLAN 71.3~ YOU HAVE ELECTED ORDER OF PRECEDENCE. YOUR NEW PAY INCLUDES A 2.1~ COST OF LIVING INCREASE, YOUR RETIREE ACCOUNT STATEMENT AND ANY RETIRED PAY TAX FOR~S (1099RS) FOR 2003 HAVE BEEN COMBINED INTO THIS ENVELOPE. PLEASE USE THESE TAX FOR~S WHEN FILING YOUR 2003 TAX RETURN. DO YOU WANT TO VIEW YOUR ACCOUNT AND TAX STATEMENTS ON-LINE AND MAKE PAY ACCOUNT CHANGES? VISIT MYPAY AT HTTPS://MYPAY.DFAS.MIL TO EITHER OBTAIN OR CHANGE YOUR PERSONAL IDENTIFICATION NUMBER (PIN). DFAS-CL 7220/148 (REV 03-01) (BACK) OWENS HARRY D. OWENS, JR., Plaintiff BEVERLY J. OWENS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERL~ COUNTY, PENNSYLVANIA : NO. 02-1154 CIVIL TERM : IN DIVORCE INVENTORY UNDER RULE 1920.3:~ Plaintiff, HarryD. Owens, Jr., files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. He verifies that the statements made in this inventory are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: /v~,~xc,,, ~.5~ zeo¥ By: /%~" ' ~-- Harry D. Owens, Jr., Plaintiff ASSETS OF PARTI~.q HARRY D. OWENS, JR. MARKS ONTHELISTBELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. (x) (x) (x) () (x) (x) () () (x) (x) () () () () () () 16. 1. Real Property 2. Motor Vehicles 3. Stocks, bonds, securities and options 4. Certificates of Deposit 5. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit box(s) 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and currem beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal properly outside the home 15. Businesses 0ist all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, workers compensation claim/award () 26. 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. lVfilitary/V.A, benefits 23. Education benefits Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other OWENS v. OWENS Date of Marriage - August 21, 1976 Date of Separation- October 1,2001 MARITAL ASSETS Assets Wife's Husband's Master's Notes Value Value Value Real Estate Marital Residence: $ 0.00 Property was sold in August, 295 Tanger Road 2002. Boiling Springs, PA Parties received $33,974.98. Of this amount, $18,914.90, was paid to credit card companies. Then, each party was given a check in the amoum of $7,530.04. Retirement Assets United States Military Retirement Gross In payable stares. Husband (Husband) Monthly retired after 22 years of Benefit: service. $3,296.00 Retirement has Survivor Benefit Plan attached at cost of $214.63 per month. PBA/PBI Pension Plan Gross Fully vested. (Husband) Monthly Benefit: $ 971.00 (Normal retirement: 05/01/2018) Individual Retirement Account $7,190.48 Value of account (Husband) as of 12/31/03 MARITAL ASSETS Bank/Investment Accounts Commerce Bank $ 506.05 In possession of Husband. Checking Account Joint acct. closed. New acct. in Husband's name only. Commerce Bank $1,000.00 In possession of Husband. Savings Account Armed Forces Bank $ 694.87 In possession of Wife. Checking Account (Joint) M & T Bank $1,376.57 In possession of Wife. Savings Account (Joint) USAA $4,078.69 Value of account as of Savings Account 2/5/2004. Subscribers Savings Acct. (SSA) American Express $131,736.51 Husband would like to Mutual Fund Account maintain Growth Fund for (Joint) college expense of parties' daughter ($55,892.74). Account includes IDS Life Flexible Annuity in Husband's sole name ($20,782.72). Account includes IDS Life Universal Life Insurance in Husband's sole name ($19,937.01). Life Insurance Policies VGLI Term Face Value: $60,000.00. Insurance Insured: Husband Beneficiary: Wife Automobiles 1994 Buick Skylark $1,580.00 Husband traded vehicle in for (trade-in 2002 Dodge Durango. value received) MARITAL ASSETS 1999 Chrysler Town and Country Trade In: In possession of Wife. Van $5,545.00 Vehicle signed over to Wife. Private No liens exist on vehicle. Party: $7,480.00 Miscellaneous Household Goods and Furnishings Unknown Wife has in her possession at least 90% of the Marital Household Goods and Furni.qhingn Special Collections Wedgewood China collection Unknown In possession of Wife. Jaspar pattern Hummel figurine collection Unknown In possession of Wife. Longaberger Basket collection Unknown In possession of Wife. Coronation cups collection Unknown In possession of Wife. Quilt collection Unknown In possession of Wife. Waterford/Royal Dalton collection Unknown In possession of Wife. Train collection Unknown In possession of Husband. DEBTS: Joint Credit Cards: USAA Master Card ;0.00 Parties satisfied this debt ($9,983.67) from proceeds of Marital Residence sale. Account is closed. Chase Master Card $0.00 Parties satisfied this debt ($8,931.23) from proceeds of Marital Residence sale. Discover $0.00 Husband satisfied this debt. ($2,000.20). VISA $0.00 Husband satisfied this debt ($494.00). Bon-Ton ;0.00 Husband satisfied this debt ($152.00). Control Number RAS01~9507 '~J~--"'~' ~'' STATEMENT EFFECTIVE DATE NEW PAY DUE AS OF $SN DEC 02, 2003 JAN 02, 2004 211 44 9370 DFAS-CL POINTS OF CONTACT PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES DEFENSE FINANCE AND ACCOUNTING SERVICE ;US MILITARY RETIREMENT PAY LTC HARRY D OWENS JR USA RET POSOX?lao 314 LIBERTY CRT LONDON KY 40742-?130 MECHANICSBURG PA 17050-1830 COMMERCIAL (216) S:2-59SS TOLL FREE 1-800-321-1080 TOLL FREE FAX 1-800-469-5559 ~yP~y ht tps://myPay.d fas.miI -877-3§3-3677 PAY ITEM DESCRIPTION ; ; ITEM ' OLD NEW ITEM OLD NEW GROSS PAY 3,229.0¢ 3,296.00 FITW 293.22 302.61 SBP COSTS 210.21 214 ~ ALLOTMENTS/BONDS 190.54 190.54 TAXABLE INCOME 3,018.7~c 3,081~ NET PAY 2,535.03 2,588.22 PAYMENT ADDRESS ,:, YEAR TO DATE SUMMARY (FOR INFORMATI,)N ONLY:) TAXABLE INCOME: 36,225.48 FEDERAL INCOME TAX WITHHELD: 3,720.94 DIRECT DEPOSIT ,,iTAXEi$ i, ,, ; ;, , FEDERAL WITHHOLDING STATUS: MARRIED TOTAL EXEMPTIONS: O0 FEDERAL INCOME TAX WITHHELD: 302.61 SURV ~0R BENEFIT pJ-AN { SBP~' COVERAGEi i i ,, LD(REN) ANNUITY BASE AMOUNT: SBP COVERAGE TYPE: SPOUSE AND CHI 3,2_99.47 SPOUSE COST: 214.47 55.~ ANNUITY AMOUNT: 1,U14.70 CHILD COST: .16 35~ ANNUITY AMOUNT: 1,154.81 SPOUSE DOB: JUN 01, 1956 CHILD DOD: FEB 11, 19U2 THE ANNUITY PAYABLE IS ~5~; OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REACHES AGE 62. AT AGETo 2, THE ANNUITY MAY BE REDUCED DUE TO SOCIAL SECURITY OFFSET, OR UNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN 35~; ($1154.81) AND 55~ ($1814.70) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE sBP ANNUITY AND THE SOCIAL SECURITY BENEFITS WILL PROVIDE TOTAL PAYMENTS FROM DFAS AND THE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55~; OF YOUR BASE AMOUNT. THE ACTUAL ANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WHEN THE ANNUITY IS ESTABLISHED. OWENS ALLOTMENTS AND BONDS ALLOTRENT TYPE PAYEE INSURANCE ARERICAN EXPRESS INSURANCE VGLI INSURANCE RETIRED DENTAL PLAN AMOUNT 100.00 ]9.20 71.3~ ARREARS OF PAY;BENEF :CIARY NFORMATION YOU HAVE ELECTED ORDER OF PRECEDENCE. MESSAGE SECTION YOUR NEW PAY INCLUDES A 2.1~ COST OF LIVING INCREASE. YOUR RETIREE ACCOUNT STATERENT AND ANY RETIRED PAY TAX FORRS {1099RS) FOR 2003 HAVE BEEN COMBINED INTO THIS ENVELOPE. PLEASE USE THESE TAX FORRS WHEN FILING YOUR 2003 TAX RETURN. DO YOU WANT TO VIEW YOUR ACCOUNT AND TAX STATERENTS ON-LINE AND HAKE PAY ACCOUNT CHANGES? VISIT RYPAY AT HTTPS://RYPAY.DFAS.RIL TO EITHER OBTAIN OR CHANGE YOUR PERSONAL IDENTIFICATION NURBER (PIN). DFAS-CL 7220/148 (REV 03-01) (BACK) OWENS M~R-05-2004 FR] 04:08 PM OONR~D M SIEGEL [NO Conrad Siegel A C T U ^ R I E S The Employee eenef~a Company F~× NO. 71785]0050 P, Celebrating 40 Years To: Mt. John Hanawalt Company: Pennsylvania Bar Institute Phone: (717) 796-0804 x 2263 Fax: (717) 796-2348 IMESSAGE: From: Glenn A. Hafer, F.S.A. Company: Conrad $ie§elActuar/e$ Phone: (717) 652-5633 Fax: (717) 651-0050 Date: 03/05/2004 Number of pages transmitted including fax cover page: 2 If you do not receive any of these pages, please call me at (717) 652-5633 Copy Sent: I~ Regular Mail NOTE: C~ Overnight Mail I~ No Copy Se,',i This fax Contains Confidential information that may also be legally privileged and which is intended only for the use of the addressee(s) named above. If you are not the addressee or the person responsible for receiving faxes for the intended recipient, you ars hereby notified that any of the contents or any action to reform another person of its contents may be strictly prohibited. If you have received this fax in error, please notify us immediately ~nd mai] te us (C.O.D.) at the above address the whole fax message. M~R-05-2004 FRI 04:08 ?H OONRAD M SIEGEL INO FA× NO, 7178510050 ?. 02 PENNSYLVANIA BAR ASSOCIATION AND PENNSYLVANIA BAR INSTITUTE PENSION PLAN BENEFIT STATEMENT FOR HARRY D OWENS JR AS OF: 01/01)2003 EMPLOYEE DATA Social Security Number: 211-44-9370 Date of Blrih: O4J9111953 Vesting Servico: 4 Years RETIREMENT PROJECTIONS Estimated Monthly Pension From This Plan at Normal Reth'ement (05/01/2018): Ettimate,~ Soct&l Security Primary Inaurance Amount (05/01~2016): Total Estimated Monthly Income: 971 ,$91 2,562 PRE-RETIREMENT DEATH BENEF~S Current Amount of Death Benefit $ 7,119 WAGI-IOVIA Retirement Sthtement 1/01/2003 thru 12/31/2003 ACCOUNT STATEMENT 148492 I 30G 479 ***AUTO~3-DIGIT 170 h.llh.llh.lh,,h,,Ihh,,M,,hh,,,llM,,,hh,,,lll HARRY D OWENS JR 295 TAHGER RD BOLLING SPRINGS PA PA 17007 46,115 075 2 124 211449370 0211449370 For Customer Service Call: (800) 669-2136 Or write to: WACHOVIA BANK, N,A. 401 SOUTH TRYON STREET CHARLOTTE, NC 28288-1164 Plan Overview - IRA Retirement Plan ID: 0211449370 Taxpayer ID: 211-44-9370 Participant's date of birth: 04/21/1953 Bank Tax ID: 561354525 Asset & Earnings Summary Type of asset Time Deposits Brokerage Account Stocks Bonds Mutual Funds Total Market Market Percent Earnings paid* Earnings paid* value 1/01/2003 value 12/31/2003 of assets this period ~his yoar 7,085.95 $ 7,190.48 100.00% $ 104.53 $ 104.53 $ 7,085.95 $ 7,190.48 100.00% $ 104.53 $ 104 ~:~ *Earnings are shown to help track how your IRA is performing. You are not required to report Jhese as taxable earnings on your tax return. Tax Information: Contributions & Distributions Contributions For tax year 2002 For tax year 2003 Reliever Deposits 2003 Distributions $ 0.00 Amount (gross) $ 0.00 Federal tax withheld $ 0.00 Net amount $ 0.00 $ 0.00 $ 0.00 Important Tax Information: 2003 Tax Form 5498 2003 FORM 5498 IRA Contribution Information. The information in boxes 1 through 11 ia being furnished to the Internal Revanue Service by Waehovia Bank, N.A. aa custodian. Custodian's Federal ID #561354525. 1. IRA contributions (other than amounts in boxes 2-4 and 8-10) 2. Reliever contributions 3. Roth conversion amount $ 0.00 J 4. Rschar. contribulions $ S, Fair market value of account .6. Life insurance cost included in box 1 7. IRA [] SEP [] 8. SEP contributions $ 0. Roth IRA contributions $ SIMPLE [] Roth IRA 0.001 0. SIMPLE contributions $ 0,00 ~eq. minimum dist. for 2004 0.00 B NO: 1545 - 0747 WACHOVIA BANK, N.A. 148492005175257303NYNNNNNNNNNN 000001 RRNJCPT page 1 of 3 WACI-IOVIA Retlremeht Statement HARRY D OWENS JR Taxpayer ID: 211-44-9370 1/01/2003 thru 12/31/2003 Time Deposits These deposits are FDIC insured up to $100,000 per depositor, Ask us about our added coverage IRAs for additional Insurance coverage. ~CCOUNT STATEMENT 075 2 001 211449370 0211449370 SUMMARY Ce~ficate Market Maturity Interest Interest paid Interest paid Account number ~/pe value 12/31/2003 date rate this statement period this year 257320050181439 12-1a MO FIX $ 4,363.25 4/05/2004 1.240% $ 54.46 $ 54.46 257320060342643 24-36 MO FIX 2,827.23 10/04/2005 1.730% 50.07 50.07 Total $ 7,190.48 $104.53 $104_.r..'t ACTIVITY Account Number:. 257320050181439 Date Description 1/01/2003 Opening Balance 1/05/2003 Auto Renewal as of 01-05-03. New Rate: 1.240 3/31/2003 interest 6/30/2003 Interest 9/30/2003 interest 12/31/2003 Interest 12/31/2003 Closing Balance Acid Subtract 13.89 13.38 13.58 13.61 Account Number: 257320060342643 Date Descrip~on 1/01/2003 Opening Balance 1/04/2003 Auto Renewal as of 01-04-03. New Rate: 1.730 3/31/2003 Interest 6/30/2003 interest 12/31/2003 Interest 12/31/2003 Closing Balance Add Subtract 13.46 12.07 12.24 12.30 Balance $ 4,308.79 4,322~68 4,336.06 4,349.64 4,363.25 $ 2,777.16 2,790.62 2,802.69 2,814.93 2,827 73 $ 21827 WACHOVIA BANK, N.A. 140492005175257303 NYNN NNNNNNNN 000002 RRNJCPT page 3 of 3 9800 Fredericksburg Road San Antonio; Texas 78~88 FEBRUARY 5, USAA Number: /ee - 7 2004 00170 45 99 HARRY D OWENS JR LTC USA RET 314 LIBERTY CT MECHANICSBURG PA 17050-1830 For antomted information about your SSA, call (800) 5.31-6095 and select option 1. ** This is not a bilL This is a statement of your account. ** SUBSCRIBER'S SAVINGS ACCOUNT PRIOR SSA BALANCE PLUS NEW ALLOCATION AS OF 12/31/03 CURRENT SSA BALANCE (SSA) ACTIVITY $ 3,659.85 + 675.03 $ 4,078.69 Subscriber's Savings Accounts (SSAs) are a unique and valuable benefit of USAA membership. We are pleased to send your 2003 SSA statement, which reflects this year's allocation. Each year, after reviewing year-end financial results, the board of directors determines if profits are sufficient to place some portion into SSAs. This amount varies depending on overall insurance losses paid, performance of USAA's investment portfolio, and the financial requirements of the association. The board may also approve cash distributions from these accounts when the total dollar amount in all of the SSAs is more than USAA's anticipated capital needs. Recently, the board of directors approved a total SSA distribution of approximately $290 million, which was paid out in December 2003. To remain financially strong, insurers set aside money for growth, large unexpected losses, and to meet regulatory requirements. At USAA, this money is placed in SSAs held by the association in the names of USAA members. Since SSA funds are an integral part of USAA's capital structure, they remain with the association. They cannot be accessed until the member leaves the association, or unless the board of directors authorizes a distribution. Possible income tax implication: Distributions from your SSA account are not considered taxable to you. Allocations to your SSA account are not considered taxable to you, unless you deducl your insurance premium as a business expense, in which case the allocation to you will reduce your tax deduction. 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'O~sns ,,Tr': 'Thank you £o]: 'you~ ,'business ~tth IDS Li~e aTnsu=an~e, Company.- :~f Y°U.~Va.:;quas~iOns .~x ~u~her 'se:vici needs= please ..0612 .6739 - ' and annuities ere I[~ Ufe I~suraf~ an Amerir~-~ '~ ~1.~,1~:: and is ~t b~k~[~ V. GLI ~i=- ¢} Page 1 of 2 Choose a Topic VGLI Online Access - Follow this link to vi~e~y y~out ~GL pq_cyd!forma Veterans' Group Life Insurance (VGLI) What is VGLI? VGLI is a program of post-separation insurance which allows servicemembers to convert to renewable term insurance. Members with full-time SGLI coverage are eligible for VGLI service. How Much Coverage is Available? vVGGLLIi coverage is issued in multiples of $10,000 up toe maximum of $250,000. However ~..,r coverage amount cannot exceed the amount of SGLI the member had in force at thc ~',,~, from service. How Much Does VGLI Cost? VGLI Premiums are based upon the separating member's age. Follow this link to view r~.~. How Much Life Insurance do I Really Need? · We can help your figure out how much insurance you need. To assess your life insuranc~ link to our Insurance Needs Calculator. How to Obtain VGLI Coverage To obtain VGLI, an eligible member must submit an application to the Office of Servicern¢,. &~.,~s~.,4 ~;.~ Insurance with the required premium during the 120 days fo owing separation. Servicem~*,~,~- h,, apply for up to one year after SGLI coverage terminates, however, after the 120-day perie,~ ,.~. ~ must submit evidence of good health. Conversion Feature Policyholders can convert their VGLI to an individual commercial life insurance policy at ~e,/ these links for: - More information about converting VGLI - A list of participatinq commercial insurance companins !~,,z If you have question.s,- Visit our VGLI Frequently Asked Questinns page for answers to about VGLI. If you can t find the inf~tion that You're looking for~n this site you should to the Office of Servicemembers' Group Life Insurance (OSGLI). The OSGLI administers /~,-.¥r~,- including the processing and payment of claims. OSGLI can be reached at: Toll-free telephone: 1-800-419-1473 Toll-free fax numbers: Death and accelerated benefits claims only: 1-877-832-4943 All other fax inquiries: 1-800-236-6142 Overseas: Phone Numbe~' 973-548-5699 Fax Numbe~' 973-548-5300 E-mail: http://www.insurance.va.gov/sgliSite/VGLi/VGLi.htm General Correspondence: Office of Servicemembers' Group L~ Insurance 290 West Mt. Pleasant Avenue Livingston, New Jersey 07039 New VGLI Applications and VGLI Reinstatements: OSGLI PO Box 5000 03/09/2004 I[lsurance Self-Service Coverage Information Page 1 of 2 Insurance Policy Information Coverage Information Control Number Policyholder Name Effective Date of Coverage Member Status Coverage Amount Next Payment Due Date 00082823 HARRY D OWENS JR 01-25-2000 Active Member $60,000.00 03-24-2004 Toll-free telephone: 1-800-419-1473 Toll-free fax numbers: Death and accelerated benefits claims only: 1-877-832-4943 All other fax inquiries: 1-800-236-6142 Overseas: Phone Number: 973-548-5699 Fax Number: 973-548-5300 E-mail: Death and accelerated benefits claims only: ~ims@prudential.com , Al~ other inquiries: os~q!i,~sg!i@p_ruq~nti0~,cqm General Correspondenc,e: Office of Servicemembers insurance 290 West Mt, Pleasant Aver Livingston, New Jersey 070~ New VGLI Applications and Reinstatements: OSGLI PO Box 5000 Millville, New Jersey 08332- https://giosgli.prudential.com/osgli/Controller/coverageinfo 03/09/2004 Insurance Self-Service Premium Rate Information Page Page I of 2 Insurance Policy Information Control Number Policyholder Name 00082823 HARRY D OWENS JR Premium Rate ' Premiumrates are subject to change Premiums are higher for higher age groups. Toll-free telephone: 1-800-419-1473 Toll-free fax numbers: Death and accelerated benefits claims only: 1-877-832-4943 All other fax inquiries: 1-800-236-6142 Overseas: Phone Number 973-548-5699 Fax Number' 973-548-5300 E-mail: Death and accelerated benefits claims only: ~g!i:.clai~s@prq~entia!,c~m All other inquiries: o~sgli.osqli~.prudential.com General Correspondence: Office of Servicemembers' ( Insurance 290 West Mt. Pleasant Aver Livingston, New Jersey 070: New VGLI Applications an Reinstatements: OSGLI PO Box 5000 Millville, New Jersey 08332- https://giosgli.prudential.com/osgli/Controller/premiumRate 03/09/2004 Insurance Self-Service Payment Information Page Page 1 of 2 Insurance Policy Information Control Number Policyholder Name Payment Method* 00082823 HARRY D OWENS JR PBA Payment Information Date of Payment Amount of Payment Source of Payment 02-24-2004 $19.20 PBA 01-24-2004 $19.20 PBA 12-24-2003 $19.20 PBA 11-24-2003 $19.20 PBA 10-24-2003 $19.20 PBA 09-24-2003 $19.20 PBA lease Call customer service to change payment method. Toll-free telephone: 1-800-419-1473 Toll-free fax numbers: Death and accelerated benefits claims only: 1-877-832-4943 All other fax inquiries: 1-800-236-6142 Overseas: Phone Numbe~' 973-548-5699 Fax Numbec' 973-548-5300 E-mail: Death and accelerated benefits claims only: ~_s~.prudential.com General Correspondence: Office of Servicemembers' ( Insurance 290 West Mt. Pleasant Ave[ Livingston, New Jersey 070 New VGLI Applications an Reinstatements: OSGLI PO Box 5000 Millville, New Jersey 08332- https://giosgli.prudential.conffosgli/Controller/paymentlnfo 03/09/2004 Kelley Blue Book Used Car Values "~EI~ ~ Page 1 of 2 Kelley Blue Book THE TRUSTED RESOURCE Id)b. cem New car pdcmg Blue Book Trade-in Report Build a Car Incentives Pennsylvania. March 10. 2004 Quality Ratings Ownership Cost My Car's Value Use~ Car ~il F~ ~ ~e Buy a U~ Car ~11 Your Qr M~c~ L~mon ~ck ~&~ Gui~ ~ice A~dt ~ 1999 Chrysler Town & Country LXi Minivan Engine: V6 3.8 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 90,000 Equipment Second Sliding Door 7 Passenger Air Conditioning Rear Air Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FH Stereo Cassette Single Compact Disc See Local ListJnas of This Car List Your Car For Sale Online Buy a New Car Free Lemon Check Auto Loans from 3.65% APR Payment Calculator Dual Front Air Bags ABS (4-Wheel) Leather Quad Seating Roof Rack Alloy Wheels Consumer Rated Condition: Fair "Fair" condition means that the vehicle probably has some mechanical or cosmetic defects, but is still in safe running condition. The paint, body and/or interior need work to be performed by a professional in order to be sold. The tires need to be replaced. There may be some repairable rust damage. The value of cars in this category may vary widely. A clean title history is assumed. Even after significant reconditioning this vehicle may not qualify for the Blue Book Suggested Retail value, Trade-In Value $5,545 Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb the cost of making the vehicle ready for sale, advertising, sales commissions, arranging financing and insurance and standing behind the vehicle for any mechanical or safety problems. Get the late~t I~lue Book http://www.kbb.com/kb/ki.dll/kw.kc.ur?kbb.PA;325039;PA041 & 17050;van+t;&39;Chry... 03/10/2004 Kelley Blue Book Used Car Values Page 1 of 2 Kelley Blue Book THE IRUSTED RESOURCE New Car P,icing Build a Car Iru:entives Quali~/Ratings ~r~hip C.~st My Car's Value Used Car Retait Feee Price Quote Buy a Useci Car Sell Your Car Mobo*cycles Financing Insurance Lemon Check Ca* Reviews Decision Guides Free Newsletter About kbb ~ kbb.com Blue Book Private Party Report Pennsylvania · March 10, 2004 1999 Chrysler Town & Country LXi Minivan Engine: V6 3.8 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 90,000 Equipment Second Sliding Door 7 Passenger Air Conditioning Rear Air Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Single Compact Disc S_ee Local Listings of This Ca_r List Your Car For Sale On!jn_e Buy a New Car Fre.e__Le_m_ O-~ C;b e c_k Auto_ L~oans from 3,65% APR Insur.ance Ouote_ Print_ "For.S~a e" Sign P_a.y m_e_0 t C_aJcu~lpto-r Dual Front Air Bags ABS (4-Wheel) Leather Quad Seating Roof Rack Alloy Wheels Consumer Rated Condition: Fair "Fair" condition means that the vehicle probably has some mechanical or cosmetic defects, but is still in safe running condition. The paint, body and/or interior need work to be performed by a professional in order to be sold. The tires need to be replaced. There may be some repairable rust damage. The value of cars in this category may vary widely. A clean titl~e history is assumed. Even after significant reconditioning this vehicle may not qualify for the Blue Book Suggested Retail value. Private Party Value $7,480 Private Party value represents what you might expect to pay for a used car when purchasing from a private party. It may also represent the value you might expect to receive when selling your own used car to another private party. Get the latest Ellu~ I~ook ~'.~A,e~ ~c¢~ ~ UUsed Car T_raO. e_-In Valu~e ~nvoiGe & MSRP oncew ~aFs http://www.kbb.com/kb/ki.dll/kw.kc.ur?kbb;636650;PA041 &;van+p&903 ;Chrysler; 1999... 03/10/2004 HARRY D. OWENS, JR., Plaintiff V BEVERLY J. OWENS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 1154 CIVIL TERM : : IN DIVORCE PETITION RAISING CLAIMS OF AIL. IMONY~ COUNSEL FEES AND cos~rs Defendant, Beverly J. Owens, by her attorneys, Broujos and Gilroy, P.C., sets forth the following: 1. Upon the entry of a divorce decree in this matter, the Defendant will be without sufficient assets to sustain herself and will require alimony· 2. Defendant has incurred various expenses with respect to attorney's fees and costs, and Defendant seeks reimbursement from the Plaintiff for those expenses. Wherefore, Defendant requests your honorable court to enter an order as follows: Directing the Plaintiff to pay the Defendant alimony. Directing the Plaintiff to pay the Defendant the attorney's fees incurred by thE; Defendant· Directing the Plaintiff to pay any costs incurred by the Defendant in this litigation. Such other relief as is appropriate and equitable. Respectfully submit~d, Hubert X. Gilroy, Esqui~ Attorney for Defender 4 North Hanover S/t~eet Carl[isle, PA 17013 717-243-4574 HARRY D. OWENS, JR., Plaintiff BEVERLY J. OWENS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : NO. 02-1154 CIVIL TERM : : IN DIVORCE PRE-TRIAL STATEMENT On behalf of Harry D. Owens, Jr., the plaintiff in the above-captioned action, Cara A. Boyanowski, Esquire, does hereby file the following pre-trial s~tement for consideration of the Court: 1. Marital Assets - Attached hereto please find a listing of all marital assets including their value, date of valuation, determination of whether any portion is non-marital and any liens or encumbrances thereon, and a listing of non-marital assets, their value, date of valuation, and any liens or encumbrances thereon: See Inventory filed on April 1, 2004. The names and addresses of each expert whom Plaintiffintends to call at trial includes the following: None. If any expert witnesses become necessary, their names and addresses will be provided to Defendant prior to trial. 3. Plaintiffintends to testify at trial. Ifany additional witnesses are identified, their names and addresses will be provided to Defendant prior to trial. 4. A list of ail exhibits which Plaintiff intends to oft'et into evidence: A. The Inventory of PlaintS, Husband. B. The Income and Expense Statement of Plaintiff, Husband. C. Any additional exhibits will be forwarded to Defendant prior to trial. 5. The gross income of Plaintiff from all sources including payroll deductions, recent state and federal income tax returns and pay stubs: See Income and Expense Statement filed on April 1, 2004. 6. A listing of the expenses of Plaintiff: See Income and Expense Statement filed on April 1, 2004. 7. The vaiuation of pension or retirement benefits and[ a calculation of the maritai portion thereof and the facts and documentation upon which the party relies to support the valuation: See Inventory filed on April 1, 2004. Since the filing of this Inventory, the parties have entered into a support agreement in which Plaintiffagreed to provide Defendant with one-haif of the net vaiue of his United States Military Retirement, as well as, a sum for spousal support, as per the Pennsylvania Support Guidelines. 8. Claim for counsel fees: Plaintiffhas made no claim for counsel fees. Defendant has made a claim for counsel fees, costs, and expenses. 9. Tangible personal property values: See Inventory filed on April 1, 2004. 10. Listing of marital debts: See Inventory filed on April 1, 2004. The parties satisfied their two major credit card debts, USAA MasterCard and Chase Master Credit card, from the proceeds of the sale of the Marital Residence. The remaining marital debts, i.e., Discover, VISA, and Bon-Ton, totaling $2,646.20, have been satisfied by Plaintiff. Other than the above listed items, there appears to be no other marital debt. 11. Plalntiffmakes the following proposed resolution of the economic issues: A. Each party would retain the sum of money they received from the sale of the Marital Residence, that being approximately $7,500.00; B. Plaintiff's United States Military Retirement monthly benefit, which is now in payable status, would be equally divided between the parties, with Defendant assuming full responsibility for the SBP expense and her share of the allotments/bonds; C. Plaintiff will retain the trade-in value recx,qved from the 1994 Buick Skylark automobile ($1,580.00) and Defendant will retain the 1999 Chrysler Town and Country Van; D. The parties will agree that the American Express Growth Fund, which was earmarked for the parties' daughter's, Catherine, college expenses, shall remain separate fi'om the marital estate; E. All other marital assets will be distributed in such a fashion so that each party receives 50% of the remaining assets of the marital estate; F. Plaintiff will receive credit for satisfying the parties' joim credit and charge card balances which total approximately ,$2,650.00; G. Each party will waive any right he/she may have to receive spousal support, alimony pendente lite, or alimony, from the other party; and Each party would assume responsibility for his/her own attorney fees, costs and expenses. Respectfully submitted: DALEY ZUCKER & GINGRICH, LLC Attorney No. 68736 1029 Scem~n-y Drive Harrisburg,, PA 17109 (717) 657-,4795 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Cara A. Boyanowsld, Esquire, hereby certify that on the date indicated below I served a tree and correct copy of the foregoing Plaintiffs Pre-Triai Statement, on all interested parties, by depositing same from Harrisburg, Pennsylvania, first class midi, postage prepaid, addressed as follows: E. Robert Elicker, II, Esquire OFFICE OF DIVORCE MASTER 9 North Hanover Street Carlisle, PA 17013 Hubert X. G-ilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 Date: DALEY ZUCKER & GINGRICH, LLC Cara A. Boyanowski,I Esq. Attorney No. 68736 1029 Scen~.~y Drive Harrisburg, PA 17109 (717) 657-4795 Attorney fi)r Plaimiff HARRY D. OWENS, ~R.., Plaintiff BEVERLY J. OWENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1154 C[VlL TERM : IN DIVORCE INVENTORY UNBER RUI~ 1920.33 Plaintiff, Harry D. Owens, Jr., files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. He verifies that the statements made in this inventory are tree and correct. He understands that false statements herein are made subject to the penalties ,of 18 Pa.C.S:A. §4904 relating to unswom falsification to authorities. Date: /n,~,ec,¢ ~ z~o¥ By: Harry D. Owens, Jr., Plaintiff ASSETS OF PARTIES HARRY D. OWENS,JR. MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. () 4. (x) 5. (X) 6. () 7. () 8. (X) 9. () () () () () () 10. 11. 12. t3. 14. 15. 16. Real Property Motor Vehicles Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit box(s) Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal propen'y outside the home Bus'messes (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, 'workers compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution a~d date plan vests) 0O 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmamred) 0O 22. Military/V.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other OWENS v. OWENS Date of Marriage - August 21, 1976 Date of Separation- October 1, 2001 MARITAL ASSETS Assets Wife's Husband's Master's Notes Value Value Value Real Estate Marital Residence: $ 0.00 Property was sold in August, 295 Tanger Road 2002. Boiling Springs, PA Parties received $33,974.98. Of this amount, $18,914.90, was paid to credit card companies. Then, each party was ~iven a check in ~e amount of $7,530.04. Retirement Assets United States Military Retirement Gross In payable status. Husband (Husband) Monthl~ retired after 22 years of Benefit: service. f $3,296.00 Retirement has Survivor Benefit Plan attached at cost of $214.63 per month. PBA/PBI Pension Plan Gross Fully vested. (Husband) Monthly Benefit: $ 971.00 (Nonnai retirement: 05/01/2018) Individual Retirement Account $7,190.48 Vaiue of account (Husband) as of 12/31/03 MARITAL ASSETS Bank/Investment Accounts Commerce Bank $ 506.05 i In possession of Husband. Checking Account Joint acct. closed. New acct. in Husband's name only. Commerce Bank $1,000.00 In possession of Husband. Savings Account Armed Forces Bank $ 694.87 In possession of Wife. Checking Account (loint) M & T Bank : $1,376.57 In possession of Wife. Savings Account (Joint) USAA $4,078.69 Value of account as of Savings Account 2/5/2004. Subscribers Savings Acct. (SSA) American Express $131,736.51 Husband would like to Mutual Fund Account maintain Growth Fund for (Joint) college expense of parties' daughter ($55,892.74). Account includes IDS Life Flem'ble Annuity in Husband's sole name ($20,782.72). Account includes IDS Life Universal Life Insurance in Husband's sole name ($19,937.01). Life Insurance Policies VGLI Term Face Value: $60,000.00. Insurance Insured: Husband Beneficiary: Wife Automobiles 1994 Buick Skylark $1,580.00 Husband traded vehicle in for (trade-in 2002 Dodge Durango. value received) MARITAL ASSETS 1999 Chrysler Town and Country Trade In: In possession of Wife. Van $5,545.00 Vehicle signed over to Wife. Private No liens exist on vehicle. Party: $7,480.00 Miscellaneous Household Goods and Furnishings Unknown Wife has in her possession at least 90% of the Marital Household Goods and Furnishings. Special Collections Wedgewood China collection Unknown In possession of Wife. Jaspar pattern Hummel figurine collection Unknown In possession of Wife. Longaberger Basket collection Unknown In possession of Wife. Coronation cups collection Unknown In possession of Wife. Quilt collection Unknown In possession of Wife.' Waterford/Royal Dalton collection Unknown In possession of Wife. Train collection Unknown In possession of Husband. DEBTS: Joint Credit Cards: USAA Master Card $0.00 Parties satisfied this debt ($9,983.67) from proceeds of Marital Residence sale. Account is dosed. Chase Master Card $0.00 Parties satisfied this debt ($8,931.23) from proceeds of Marital Residence sale. Discover $0.00 Husband satisfied this debt. ($2,000.20). VISA $0.00 Husband satisfied this debt ($494.00). Bon-Ton $0.00 Husband satisfied this debt ($152.00). Control Number RASO1495D! STATEMENT EFFECTIVE DATE NEW PAY DUE AS OF SSN DEC 02, 2003 JAN 02, 2004 211 44 9370 ]:FA$~CL; iPOI OF ~ONTA~T PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES DEFENSE FINANCE AND ACCOUNTINO SERVICE LTC HARRY D OWENS JR USA RET FOEOXTiS0 LON~N KY 40742-7130 314 LIBERTY CRT MECHANICSBURG PA 17050-1830 COMME[OAL(216) TOLL FREE I-S~-S21-1080 TOLL FREE FAX myPay -877-363-3677 SBP COSTS 210.21 2 · 3 ' ' TAXABLE INCOME 3,018.79 3,081.37 NET PAY 2,535.03 2,588.22 TAXABLE INCOME: 36,225.4B FEDERAL INCOME TAX WITHHELD: 3,720.94 DIRECT DEPOSIT FEDERAL WITHHOLDING STATUS: MARRIED TOTAL EXEMPTIONS: O0 FEDERAL INCOME TAX WITHHELD: 302.61 SBP COVERAGE TYPE' SPOUSE AND CHILD(REN)~7 ANNUITY BASE AMOUNT: 3,299.47 · 55~ ANNUITY AMOUNT: SPOUSE COST: 214';t CHILD COST:.mo 35g ANNUITY AMOUNT: 1,154.81 . SPOUSE DOB: JUN 01, 1956 CHILD DOB: FED ll, 19~2 THE ANNUITY PAYABLE IS ~5% OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REACHES AGE 62. AT AGE 2, THE ANNUITY MAY BE REDUCED DUE TO SOCIAL SECURITY OFFSET, OR UNDER THE TWO-TIER FORMULA· THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN 11 4 81) AND 55~ (S181~.70) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE 35% ~NU~T9 AND THE SOCIAL SECURITY BENEFITS WILL PROVIDE TOTAL PAYMENTS FROM DFAS AND SBP THE SOCIAL SECURITY AOM NISTRATION OF AT LEAST 55~ OF YOUR BASE AMOUNT. THE ACTUAL ANNUITY PAYABLE IS DEPENDENT ON FACTORS N EFFECT WHEN THE ANNUITY IS ESTABLISHED. OWENS ALLOTMENT TYPE PAYEE AMOUNT AMERICAN EXPRESS lO0.O0 VGLi ?.2o INSURANCE INSURANCE INSURANCE YOU HAVE ELECTED ORDER OF PRECEDENCE. YOUR NEW PAY INCLUDES A 2.1~ COST OF LIVING INCREASE. YOUR RETIREE ACCOUNT STATEMENT AND ANY RETIRED PAY TAX FORMS (1099RS) FOR 2003 HAVE BEEN COMBINED INTO THIS ENVELOPE. PLEASE USE THESE TAX FORMS WHEN FILING YOUR 2003 TAX RETURN. DO YOU WANT TO VIEW YOUR ACCOUNT AND TAX STATEMENTS ON-LINE AND MAKE PAY ACCOUNT CHANGES? VISIT MYPAY AT HTTPS://MYPAY.DFAS.MIL TO EITHER OBTAIN OR CHANGE YOUR PERSONAL IDENTIFICATION NUMBER (PIN). DFAS-CL 7220/145 (REV 03-01) (BACK) OWENS HSR-OS-2004 FRI 04:~6 ?~ CONNRD m $IEGEL lNG Conrad Siegel ACTUARIES The Employee ~,enefits Company J'~Y~ HU, (JlbbiUUbU ~', UL Celebrating 40 Years To: Mr. John Hanawalt Company: Pennsylvania Bar Institute Phone: (717) 796-0804 x 2263 Fax: (717) 796-2348 JFrom: C-lenn A. Haler, F.S.A. Company: ~onrad SiegelActuar[e$ Phone: (/17) 652-5633 Fax: (117) 651-0050 Date: 03/05/2004 Number of pages transmitted including fax cover page: 2 If you do not receive any of these pages, please call me at (717) 652-5633 MESSAGE: Copy Sent: I~1 Regular Mail [~J Overnight Mail ~J No Copy Sent This fax contains confidential information that ~nay also be legally pr/v/leged and wh/ch is intended only for the ruse of the addressee{s) named above. If you are not the addressee or the person respons/ble for receiving faxes for the intended rec/pient, you are hereby notified that any use of the contents or a. ny action to inform another person of its contents may be atrlctly prohibited. If you have received this fax in error, please notify us immediately and mail to ~ (C.O.D.) at the above address the whole tax message. M~R-05-2004 FRI 04~06 P~ O0~R~D M SIEGEL I~O F~× ~0, '¢~¢~5~UUSU r, uz PENNSYLVANIA BAR ASSOCIATION AND PENNSYLVANIA BAR INSTITUTE PENSION PLAN BENEFIT STATEMENT FOR HARRY D OWENS JR AS OF: 01/01/2003 EMPLOYEE DATA Sool~,l Security Number:. 211-44-9370 Date of Birth: 04/21/1953 Vesting 8ewiee: 4 Yeara RETIREMENT PROJECTIONS Estlm,,ted Monthly Pension From This Plan at N~rmal Retl~ent (05/01/2018): Estimated Social 6ecurity Primary Insurar~e Amount Torsi Estimated Monthly Income: 971 ,591 $ 2,~62 PRE-RETIREMENT DEATH BENEFIT~ Current Amount of De,th Benefit 7,119 I-IOVIA Retirement State nent 1/01/2003 thru 12/31/2003 AC.COUNT STATEMENT 148492 1 3DC 479 *aaAUTOaa3-OlGlT 170 h.llh,,llh,,Ih.h,,Ihh,,hh,hh,.,llhh,,hh,,,lll HARRY D OWENS JR 295 TANGER RD BOILING SPRINGS PA PA 17007 Plan Overview - IRA Retirement Plan ID: 0211449370 Taxpayer ID: 211-44-9370 Participant's date of birth: 04/21/1953 Bank Tax ID: 561354525 Asset & Earnings Summary Type of asset Time Deposits Brokerage Account Stocks Bonds Mutual Funds 075 2 124 211449370 0211449370 For Customer Service Call: (800) 669-2136 Or write to: WACHOVlA BANK, N.A. 401 SOUTH TRYON STREET CHARLOTTE, NC 28288-1164 Market Market Percent Eamthgs paid* Earnings paid* value 110112~03 value 12131/2003 of assets this period this year $ 7,085.95 $ 7,190.48 100.00% $104.53 $104.53 Total $ 7,085.95 $ 7,190.48 100.00% $104.53 $104.53 *Earnings are shown to help track how your IRA is performing. You are not required to report these as taxable earnings on your tax return. Tax Information: Contributions & Distributions Contributions For tax year 2002 For tax year 2003 Rollover Deposits 2003 Distributions $ 0.00 Amount (gross) $ 0.00 Federal tax withheld $ 0,00 Net amount $ 0.00 $ 0.00 $ 0.00 Important Tax Information: 2003 Tax Form 5498 2003 FORM 5498 IRA Contribution Information. The Information in boxes 1 through 11 ia being furnished to the letemal Revenue Service by Waohovla Bank, N.A. aa custodian. Custodian's Federal ID #561354525. $ 0.00 1. IRA contributions (other than amounts in boxes 2-4 and 8-10I 2. Rolk)ver contributions $ 0.00 3. Roth conversion amount $ 0.00 I 4. Rechar. contributions $ 0.00 5. Fair market value of account $ 7,190.48 6. Life insurance cost included in box 1 $ 0.00 7. IRA [] SEP [] SIMPLE [] Roth IRA [] 3. SEP contributions $ 0.00 9. SIMPLE contributions $ 0.00 [0. Roth IRA contributions $ 0.00 11. If checked, req. minimum dist. for 2004 [] ~B NO: 1545 - 0747 WACHOVIA BANK, N.A. 148492 009175857303 NYNN NNNNNNNN 000001 RRNJCPT page I of 3 WACI-IOVI~. Retirement Statement 1/01/2003 thru 12131~"2003 ' AC,COUNT STATEMENT HARRY D OWENS JR Taxpayer ID: 211-44-9370 Time Deposits These deposits are FDIC insured up to $100,000 per depositor. Ask us about our added coverage IRAs for additional Insurance coverage. 3 075 2 001 211z~49370 46,117 0211449370 SUMMARY Ce~ficate Market Maturity Interest Interest paid Interest paid Account number type value 12131/2003 date rate this statement period this year 257320050181439 12-18 MO FIX $ 4,363.25 4/05/2004 1.240% $ 54.46 $ 54.46 257320060342643 24-36 MO FIX 2,827.23 10/04/2005 1.730% 50.07 50.07 Total $ 7,190.48 $104.53 $104:._r.:t ACTIVITY Account Number:. 257320050181439 Date Description 1/01/2003 Opening Balance 1/05/2003 Auto Renewal as of 01-05-03. New Rate: 1.240 3/31/2003 Interest 6/30/2003 interest 9/30/2003 Interest 12/31/2003 Interest AdO Subtract Balance $ 4,3O8.79 13.89 4,322~68 13.38 4,336.06 13.58 4,349.64 13.61 4,363.25 $ 12/31/2003 Closing Balance Account Number:. 257320060342643 Date Descrip#on 1/01/2003 Opening Balance 1/04/2003 Auto Renewal as of 01-04-03. New Rate: 1.730 3/31/2003 Interest 6/30/2003 interest 1~J31/2003 Interest Add Subtract Balance $ 2,777.16 13.4~; 2,790.62 12.07' 2,802.69 12.24 2,814.93 12.30 2,827.23 $ 2~827.25 12/31~003 Closing Balance WACHOVIA BANK, N.A. 1484920051752573{)3 N'~JN NNNNNNNN 000002 RRNJCPT page 3 of 3 USAA® 9800 Fredericksburg Ro~d San Ante hie, T~xas 78288' 7 FEBRUARY 5, 2004 USAA Number: 00170 45 99 HARRY D OWENS JR LTC USA RET 314 LIBERTY CT MECHANICSBURG PA 17050-1830 For automated information al~ut your SSA, call (800) 531-6095 and scloct option 1. ** This is not a bilL This is a statement of your account ** SUBSCRIBER'S SAVINGS ACCOUNT PRIOR SSA BALANCE PLUS NEW ALLOCATION AS OF 12/31/03 CURRENT SSA BALANCE (SSA) ACTIVITY $ 3,659.85 + 675.03 $ 4,078.69 Subscriber's Savings Accounts (SSAs) are a unique and valuable benefit of USAA membership. We arc pleased to send your 2003 SSA statement, which reflects this year's allocation. Each year, after reviewing year-end financial results, the board of directors determines if profits are sufficient to place some portion into SSAs. This amount varies depending on overall ir~uraacc losses paid, performance of USAA's investment portfolio, and the financial requirements of the associntion. The board may also approve cash distributions from these accounts when the total dollar amount in all of the SSAs is more than USAA's anticipated capital needs. Recently, the board of directors approved a total SSA distribution of approximately $290 million~ which was paid out in Decembcr 2003. To remain financially strong, insurers set aside money for growth, large ~LmCXpected losses, and to meet regulatory requirements. At USAA, this money is placed in SSAs held by thc association in the names of USAA mcmhers. Since SSA funds are an integral part of USAA's capital structure, they remain with th~ association. They cannot be accessed until thc mcmher leaves the association, or unless the board of directors authorizes a distribution. Possible income tax implication: Distributions from your SSA account are not considered taxable to you. Allocations to your SSA account are not considered taxable to you, unless you deduct your insurance premium as a business expense, in which case the allocation to you will reduce your tax deduction. If you have questions, please corn!nit your tax adviser. 04481-0104 N600TO/.9~;ooogogo~ /9£0001 9.~09#5 £ II'r II III Illll II I~llllllillllllfllllilllgllllll lilll II1[ J il N&OO~[O~g£ooogobo# Lg£O00# 9 -10~,#$ £ #'r Il Ii Ilfll Jl I~lllll lilli Iltlfl II Ill Ii II ffllllll ill l '1 ~600'[OZgS:O0090'I:O~ -;9';000# 940~#$ £ #! I~ ~1 IIIIIII I~llllt I~111111 II II II III III II ~SS6-£00L! ~d SSHd$ 8NIlIO~ ~ O£O~-O~OL! Vd e~flg$~NVH~3N ~ 03/16/2004 09:02 7177962348 .;31~T~berty ·'Court' '~achan~c$Sur$ '~A .",!7050-']830 PBI PAGE 02/02 ~Minn~apolls, :MN 55474 VGLI ~. C~ Page 1 of 2 U lnsurance Program ":~'~ VGLI Online Access - Follow this link to _view your VGLI Do! cy _~f_orma Veterans' Group Life Insurance (VGLI) What is VGLI? VGLI is a program of post-separation insurence which allows servicemembers to convert-C< ¢~¢er, l¢ to renewable term insurance. Members with full-time SGLI coverage are eligible for VGLI ,-p~,, ,-~l~, ~-~,~ service. How Much Coverage is Available? Ir VGLI coverage is issued in multiples of $1,0,000 up to a maximum of $250,000. However ~. 5'.'~ 4 VGLI coverage amount cannot exceed the amount of SGLI the member had in force at thc 'f,~,," from service. How Much Does VGLI Cost? VGLI Premiums are based upon the separating member's age. Follow this link to view V~u.--/~,'-~ .... r~, How Much Life Insurance do I Really Need? , We can help your figure out how much insurance you need. To assess your life insuranc.~ ~tce,~ ¥ r Insurance Needs Calculator. How to Obtain VGLI Coverage To obtain VGLI, an eligible member must submit an application to the Office of Servicem¢,, &e,~, Insurance with the required premium during the 120 days following separation. Servicomc~4,,~' ca, apply for up to one year after SG LI coverage terminates, however, after the 120-day peri~,~ se,.,,~,'e must submit evidence of good health. Conversion Feature Policyholders can convert their VGLI to an individual commercial life insurance policy at ~"'t '~'"'~ these links for: including the processing and payment of claims. OSGLI can be reached at: Toil-free telephone: 1-800-419-1473 Toll-free fax numbers: Death and accelerated benefits claims only: 1-877-832-4943 All other fax inquiries: 1-800-236-6142 Overseas: Phone Number: 973-548-5699 Fax Number: 973-548-5300 E-mail: http://www.insurance.va.gov/sgliSite/VOLI/VOLI.htm General Correspondence: Office of Servicemembers' Group L~ Insurance 290 West Mt. Pleasant Avenue Livingston, New Jersey 07039 New VGLi Applications and VGM Reinstatements: OSGLI PO Box 5000 03/09/2004 Insurance Self-Service Coverage Information Page 1 of 2 L eins ranceProgr m Insurance Policy Information Choose a Topic Coverage Information Control Number Policyholder Name Effective Date of Coverage Member Status Coverage Amount Next Payment Due Date 00082823 HARRY D OWENS JR 01-25-2000 Active Member $60,000.00 03-24-2004 Toll-free telephone: 1-800-419-1473 Toll-free tax numbers: Death and accelerated benefits claims only: 1-877-832-4943 All other fax inquiries: 1-800-236-6142 Overseas: Phone Number: 973-548-5699 Fax Number:. 973-548-5300 E-mail: Death and accelerated benefits claims only: osgli.claims~,,prudential.com All other inquiries: o_s~g~li.osgli~.pru_dential.com General Correspondence: Office of Servicemembers' Insurance 290 West Mt. Pleasant Aver Livingston, New Jersey 070.~ New VGLI Applications and Reinstatements: OSGLI PO Box 5000 Millville, New Jersey 08332- https://giosgli.prudential.com/osgli/Controller/coveragelnfo 03/09/2004 Insurance Self-Service Premium Rate Information Page Page 1 of 2 Choose a Topic Insurance Policy Information Control Number Policyholder Name 00082823 HARRY D OWENS JR Premium Rate Payment Period I Premium Rate* Ann ual I $218.88 HalfYearly I $110.88 Quarterly J $56.16 Monthly I $19.20 · Premiumrates are subject to change. Premiums are higher for higher age groups. Toll-free telephone: 1-800-419-1473 Toll-free fax numbers: Death and accelerated benefits claims only: 1-877-832-4943 All other fax inquiries: 1-800-236-6142 Overseas: Phone Number: 973-548-5699 Fax Number: 973-548-5300 E-marl: Death and accelerated benefits claims only: _o_s~qli.claims~.pruden_tial_.c_om All other inquiries: osgli.osgli@prudentJal.com General Correspondence: Office of Servicemembers' ( Insurance 290 West Mt. Pleasant Aver Livingston, New Jersey 070: New VGLt Applications an Reinstatements: OSGLI PO Box 5000 Millville, New Jersey 08332- https://giosgli.prudential.com/osgli/Controller/premiumRate 03/09/2004 Insurance Self-Service Payment Information Page Page 1 of 2 Life insurance Program Insurance Policy Information Control Number Policyholder Name Payment Method* 00082823 HARRY D OWENS JR PBA Payment Information Date of Payment Amount of Payment Source of Payment 02-24.2004 $19.20 PBA 01-24-2004 $19.20 PBA 12-24-2003 $19.20 PBA 11-24-2003 $19.20 PBA 10-24-2003 $19.20 PBA 09-24-2003 $19.20 PBA * Please call customer service to change payment method. Toll-free telephone: 1-800-419-1473 Toll-free fax numbers: Death and accelerated benefits claims only: 1-877-832-4943 All other fax inquiries: 1-800-236-6142 Overseas: Phone Number: 973-548-5699 Fax Number: 973-548-5300 E-mail: Death and accelerated benefits claims only: osqli.claims~,prudent[al.com General Correspondence: Office of Servicemembers' ( 290 West Mt. Pleasant Aver Livingston, New Jersey 070. New VGLI Applications an Reinstatements: OSGLI PO Box 5000 Millville, New Jersey 08332- https://giosgli.prudential.comJosgli/Controller/paymentlnfo 03~09/2004 Kelley Blue Book Used Car Values '~ ~ Page 1 of 2 Kelley Blue Book THE TRUSTED RESOURCE New Car P~'ic~g1 Ir~centives ~ ~hip ~j Hy ~r's V~ue Buy a U~ Car ~11 Your Car ~on Decis~n Guides Advice F~e Newsletter AIx~t kbb Blue Book Trade-In Report Pennsy[vania · March 10, 2004 1999 Chrysler Town & Country LXi Minivan Engine: V6 3.8 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 90,000 Equipment Second Sliding Door 7 Passenger Air Conditioning Rear Air Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Single Compact Disc LUXURY KNOWS NO See Local Listinas of This Car List Your Car For Sale Online Buy a New Car Free Lemon Check Auto Loans from 3.65% APR Insurance Ouote Payment Calculator Dual Front Air Bags ABS (4-Wheel) Leather Quad Seating Roof Rack Alloy Wheels Consumer Rated Condition: Fair "Fair" condition means that the vehicle probably has some mechanical or cosmetic defects, but is still in safe running condition. The paint, body and/or interior need work to be performed by a professional in order to be sold. The tires need to be replaced. There may be some repaireble rust damage. The value of cars in this category may vary widely. A clean title history is assumed. Even after significant reconditioning this vehicle may not qualify for the Blue Book Suggested Retail value. Trade-In Value $5,545 Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb the cost of making the vehicle ready for sale, advertising, sales commissions, arranging financing and insurance and standing behind the vehicle for any mechanical or safety problems. Oet the latest Blue eo~k ~ ~ http://www.kbb.com/kb/ki.dll/kw.kc.ur?kbb.PA;325039;PA041 & 17050;van+t;&39;Chry... 03/10/2004 Kelley Blue Book Used Car Values Page 1 0£2 Kelley Blue Book THE TRUSTED RESOURCE ~noafltives (~ua,ity Raanss ~ My ~r's Val~ U~ ~r ~il B~ a ~ Car ~11 Your ~r L~oe C~k ~ Gui~ ~ ~ice Blue Book Private Party Report Pennsylvania · March 10, 2004 1999 Chrysler Town & Country LXi Minivan Engine: V6 3.8 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 90,000 Equipment Second Sliding Door 7 Passenger Air Conditioning Rear Air Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Single Compact Dis(: LU×URY ~NOWS NO LI Se(; Local U~This Car List Your Car For Sale Online BUy a New Car Free Lemon Check Auto Loans from 3.65% APR Insurance Ouote Print "For Sale" Sian Payment Calculator Dual Front Air Bags ABS (4-Wheel) Leather Quad Seating Roof Rack Alloy Wheels Consumer Rated Condition: Fair "Fair" condition means that the vehicle probably has some mechanical or cosmetic defects, but is still in safe running condition. The paint, body and/or interior need work to be performed by a professional in order to be sold. The tires need to be repJaced. There may be some repairable rust damage. The value of cars in this category may vary widely. A clean title history is assumed. Even after significant reconditioning this vehicle may not qualify for the Blue Book Suggested Retail value. Private Party Value $7,480 Private Party value represents what you might expect to pay for a used car when purchasing from a private party. It may also represent the value you might expect to receive when selling your own used car to another private party. Get the latest IBiu~ i~ok ~ http://www.kbb.com/kb/ki.dll/kw.kc.ur?kbb;636650;PA041 &;van~+p&903 ;Chrysler; 1999... 03/10/2004 HARRY D. OWENS, JR., Plaintiff BEVERLY J. OWENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1154 CIVIL TERM IN DIVORCE INCOME AND EXPENSE STATF, MENT UNDER RULE 1920.31 I hereby file the Statement of Income and Expenses required under Rule 1920.31 and verify that the information therein contained is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Harry D. ()wens, Jr., Plaintiff INCOME AND EXPENSE STATEMENT OF BARRY D. OWENS, JR. INCOME Employer: Address: Type of Work: Payroll Number: --- Pay Period: Bi-weekly Gross Pay Per Pay Period: $2,463.49 Itemized Payroll Deductions: Federal Withholding $ 370.87 Social Security $ 152.73 Local Wage Tax $ 39.41 State Income Tax $ 75.63 Life Insurance $ N/A Health Insurance $ N/A Medicare $ N/A Net Pay Per Pay Period Pennsylvania Bar Institute 5080 Ritter Road Mechanicsburg, PA 17055-6903 Associate Director $1,776.91 OTHER INCOME: Interest (C.D. & Mun. Bonds) Dividends Pension Social Security Rents Royalties Expense Account Unemployment Comp. Workmen's Comp. Gifts Total MONTHLY $ ' N/A $ N/A $2,588.221 $ N/A $ N/A $ N/A $ N/A $ N/A $ N/A $ N/A $ N/A $2,588.22 XWff¢ receives full amount. HOME: Rent Lawn Maintenance Utilities: Electric Gas/Oil Sewer Telephone Water EMPLOYMENT: Public Transportation Lunch TAXES: Read Estate/Personal Property INSURANCE: Homeowners Automobile(s) Life VGLI Acddent EXPENSES MONTHLY $995.00 $ N/A $149.21 $ N/A $ N/A $ 58.56 $ 32.06 $ N/A $125.00 $ N/A $ N/A $ 81.31 $ 60.90 $ 19.20 $ N/A Health Renters AUTOMOBILES: Payments Fuel (all vehicles) Repairs MEDICAL: Counseling Services Doctor Dentist Medicine PERSONAL: Clothing Food Barber Credit Card Memberships $ 38.332 (includes coverage for Defendant) $ 31.433 (includes coverage for Defendant) $ 17.06 $617.76 $200100 $ 30.00 $ 25.00 $ N/A $ N/A $ N/A $ 70.00 $250.00 $ 7.00 $135.00 $ 18.66 2Tricare 3AUSA Mastercare Supplemental LOANS: Credit Union MISCELLANEOUS: Papers/Books/Magazines Entertainment Pay T.V. Vacation Gifts Legal Fees Charitable Contributions IDS Funds Conm'bufion $ N/A $ 6.09 $150.00 $102.00 $ N/A $250.00 $112.50 $ 80.00 $300.00 TOTAL EXPENSES $~,962.07 PENNSYLVANIA BAR INSTITUTE 5080 RITTER ROAD MECHANICSBURG, PA 17055 Earnings Statement Period Ending: ~ 0~/20~004 Pay Date: 02~26/2004 Earnings Taxable Marital Status; Married Exem ptions/Allowances; Federak 0,$75 Additional Tax st=re: N/A Locak 0 Social Security Number; 211-44-9370 rate hours this period Regular Deductions year to date 12,317.45 Statutory Federal Income Tax - 370.87 I, 854.35 Social Security Tax -152.73 763.68 Medicare Tax -35,72 178.60 PA State Income Tax -75.63 378.15 Upper Allen Income Tax -39.41 197.05 PA SUI/SDI Tax -2.22 11.09 Other Check3 -1,776,91 Unfund - 10.00 Opt 10.00 HARRY D OWENS JR 314 LIBERTY CT MECHANICSBURG PA 17050 Other Benefits and Information this period total to date Sick 239,52 Vac;~tion 191.25 Your federal taxable wages this period are $2,463.49 HARRYD OWENS JR -~ ~O~ .-- t:number :transit, ABA ', ,,. 5362;79334 o31'3 (~1~4 NON-NEGOTIABLE o~ Number RASO149507 ..................................... DEC 02, 2003 ~ 2004 PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES LTC HARRY D OWENS JR USA RET 314 LIBERTY CRT MECHANICSBURG PA 17050-1830 GROSS PAY SBP COSTS TAXABLE INCOME DIRECT DEPOSIT SSN 211 44 9370 DEFENSE FINANCE AND ACCOUNTING SERVICE US MILITARY RETIREMENT PAY OLD 3,229.00 21o.21 3,o18.79 '' 2~_4.63 I 3,081.37 :OMMERCIAL (216) 522-5955 'OLL FREE 1-800-321-1080 'OLL FREE FAX 1-800-469-~559 lPay ht tps://myPay.d fas,mil -877-363-3677 FITW ALLOTMENTS/BONDS NET PAY NEW 9o.54 2,535.03 2,588.22 TAXABLE INCOME: 36,225.48 FEDERAL INCOME TAX WITHHELD: 3,720.94 FEDERAL WITHHOLDING STATUS: MARRIED TOTAL EXEMPTIONS: O0 FEDERAL INCOME TAX WITHHELD: 302.61 SBP COVERAGE TYPE: SPOUSE AND CHILD(REN) ANNUITY BASE AMOUNT: 3,399.47 553 ANNUITY AMOUNT: SPOUSE COST: 214'~t 1,B14.70 . 35~ ANNUITY AMOUNT: 1,154.81 CHILD COST: SPOUSE DOB: JUN 01, 1956 CHILD DOB: FEB 11, 19~2 THE ANNUITY PAYABLE IS ~5~ OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REACHES AGE 62. AT AGE 2, THE ANNUITY MAY BE REDUCED DUE TO SOCIAL SECURITY OFFSET, OR UNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN 1814 O) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE 35~ ($1154 81) AND 55~ ($ -7 VIDE TOTAL PAYMENTS FROM DFAS AND SBP ANNUITY AND THE SOC AL SECURITY BENEFITS WILL PRO THE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55~ OF YOUR BASE AMOUNT. THE ACTUAL ANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WH. EN THE ANNUITY IS ESTABLISHED. OWENS ALLOTMENT TYPE ' ' ' PAYEE AMOUNT .... INSURANCE AMERICAN EXPRESS 100.00 INSURANCE VGLI 19.20 INSURANCE RETIRED DENTAL PLAN 71.34 YOU HAVE ELECTED ORDER OF PRECEDENCE. YOUR NEW PAY INCLUDES A 2.1~ COST OF LIVING INCREASE. YOUR RETIREE ACCOUNT STATEMENT AND ANY RETIRED PAY TAX FORMS (1099R5) FOR 2003 HAVE BEEN COMBINED INTO THIS ENVELOPE. PLEASE USE THESE TAX FORMS WHEN FILING YOUR 2003 TAX RETURN. DO YOU WANT TO VIEW YOUR ACCOUNT AND TAX STATEMENTS ON-LINE AND MAKE PAY ACCOUNT CHANGES? VISIT MYPAY AT HTTPS:/ZMYPAY.DFAS.MIL TO EITHER OBTAIN OR CHANGE YOUR PERSONAL IDENTIFICATION NUMBER (PIN). DFAS-CL 7220/148 (REV 03-01) (BACK) OWENS HARRY D. OWENS, JR., Plaintiff V BEVERLY J. OWENS, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA .. :No. 2002 - 1154 : :IN DIVORCE .. PRE-HEARING STATEMENT OF DEFENDANT BEVERLY J. OWENS Defendant, Beverly J. Owens, by her attorneys, Broujos and Gilroy, PC, sets forth the following Pre-Hearing Statement in accordance with the May 5, 2004 directive from the Master: Defendant is Beverly Mechanicsburg, Pennsylvania. I. BACKGROUND J. Owens who resides at 1204 Egret Court, She is 48 years old, having been born on June 1, 1956. Beverly lives alone in a Townhouse. Plaintiff is Harry D. Owens, Jr., who resides at 314 Liberty Court, Mechanicsburg, Pennsylvania. He is 51 years old having been born on April 21, 1953. baby. Mr. Owens lives with his adult daughter, her boyfriend and the daughter's The parties were married August 21, 1976. The parties separated on or about April 1, 2002. There were two children of the marriage, both of whom are adults. Husband graduated from the University of Scranton and obtained a Masters Degree from the University of Scranton in Political Science. He was commissioned an Officer, delayed going active duty to complete schooling, and commenced active duty in the military in September of 1976, one month after the parties married. He was commissioned as a Second Lieutenant, and moved up to the rank of Lieutenant Colonel before he retired in 1997. The parties moved approximately 12 times during the military career, with 7 years being over seas. Wife made the traditional contribution to her Husband in the nature of an Officer's Wife relative to social/entertainment/club membership and similar support. While on active duty, Husband obtained a legal degree from the University of Detroit Night School Program. Costs for that education that were not covered by the GI Bill were paid from family funds. Upon retirement from the military, Husband became a staff attorney for the Pennsylvania Bar Institute and is currently employed in that position. Mr. Owens enjoys an annual gross salary of $60,000.00. Mr. Owens has a pension through the military with a gross monthly payment of $3,296.00. SBP costs are $214.63, and the net taxable pension is $3,081.37. Mr. Owens enjoys excellent health. Mrs. Owens attended college for 1.5 years. The parties had children shortly after marriage and Mrs. Owens was a stay-at-home mother for approximately 18 years. Starting in 1995, Mrs. Owens returned to the work force and initially started working with Carla's Cleaners in Carlisle as a tailor. She then went to a quilt shop as a clerk and she currently works at the Fabric Center in Carlisle. Her employment is limited to part-time because of her medical condition. In 1995, Mrs. Owens suffered a stroke. Wife is still on medication to treat her for nerve damage in the right shoulder, chronic pain and other residual problems from the stroke. She is limited to part-time employment for these health reasons. Her average annual salary is approximately $10,000.00. She works approximately 29 hours a week at $7.50 per hour. This is a first marriage for both parties. II. MARITAL ASSETS There are not an extraordinary amount of marital assets at issue in this case, and they are as follows: a. de Personal Property. Wife understands that there are no issues with respect to personal property. She is not aware of any property in her husband's possession that she desires to be distributed to her, nor does she understand that she possesses anything that her husband wants in conjunction with the divorce. Pension-Military. As indicated, Husband enjoys a military pension of $3,296.00 per month. Survivor Benefits have already been elected. The net taxable pension is $3,081.37. Real Estate. The parties had a joint home which was sold after separation. The parties paid off some credit card bills and split the proceeds equally which amounted to approximately $7,500.00 each. Work Pension. Husband has a pension through the PBI with a gross monthly benefit anticipated in the amount of $971.00. There is approximately 5 years of employment with PBI that coincided with Mr. and Mrs. Owens living together. A figure needs to be determined relative to the current value on that pension account. Husbands IRA. Husband has an IRA of $7,190.48. This is 100% marital asset. Wife's IRA. Wife has an IRA of $7,190.48 which is marital asset. Miscellaneous Bank Accounts. Husband lists a number of miscellaneous bank accounts on his inventory of marital assets. Frankly, these account values fluctuate and the parties have been jointly using these accounts. Wife suggests that the parties should be able to work out matters on those accounts without the involvement of the Master. USAA Savings Account. This account has a value of about $4,000.00. American Express Mutual Fund. This has a value of approximately $132,000.00. This value fluctuates because it is in a market sensitive fund. The fund is split into 3 entities, mutual fund investments of approximately $94,000.00, an annuity with a value of approximately $21,700.00 and an insurance policy with a value of $20,000.00 (these values are all as of the April 11, 2004 statement). Insurance. Husband has a term policy through Veterans GLI with a face value of $60,000.00. Included in the mutual fund account is an insurance product which has a cash value approximately $20,200.00 but has a death value of $100,000.00. Wife believes Husband also has a policy through his employment which provides a death benefit equal to one-year salary. Motor Vehicles. Wife is under the impression the vehicles were distributed at time of separation with each party taking a vehicle and assuming an equal distribution. Credit Cards. Husband suggests in his inventory that he paid a number of credit card bills. Wife's position is that all credit cards were paid at time of sale of the home and that neither party has any credit/adjustment involved in credit card obligations. III. ALIMONY Wife is asserting a claim for alimony. There are a variety of factors which indicate Wife will be entitled to receipt of alimony. Even assuming Wife would receive one half of the military pension, Husband would be receiving the pension at the same time. Under such a scenario, Husband's income would go from $60,000.00 to $78,000.00 per year while Wife's income would go from $10,000.00 to $28,000.00 per year. Husband enjoys a much higher earning capacity and actually enjoys much higher earnings, and he will enjoy the same after the divorce. Wife has health problems which prohibit her working full time. Wife contributed significantly to Husband's achievements in his military career and in obtaining a legal degree. Although there are some modest assets which can be distributed between the parties, there are not assets sufficient to eliminate an alimony claim. IV. MISCELLANEOUS Husband suggests in his inventory that he is proposing the mutual fund account be allocated with $55,000.00 being marked for one of the party's daughter's education. Wife is not in agreement with this suggestion, and there is no legal basis for the Master to honor Husband's request in this issue. Settlement negotiations have been somewhat non-existent because Husband's position throughout the case indicates he anticipates not paying alimony. The opportunity exists to settle the case once Husband recognizes that he has an alimony obligation and that obligation is taken into consideration in conjunction with a settlement proposal. Respectfully Submitted, (717) 243-4574 HARRY D. OWENS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 1154 CIVIL BEVERLY J. OWENS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this "3 Jp- day of been 2005, the economic claims raised in the procee resolved in accordance with an agreement dated January 24, 2005, 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, Geo:qge' . '" P. . cc: ;6ara A. Boyanowski Attorney for Plaintiff ~ubert X. Gilroy Attorney for Defendant -",';~J 20 :2: p' /,U Of' Iv !'''^ ';~q soal AGREEMENT BETWEEN HARRY D. OWENS, JR. AND BEVERLY J. OWENS Cara A. Boyanowski, Esquire Counsel for Husband Hubert X. Gilroy, Esquire Counsel fiJr Wife TABLE OF CONTENTS SECTION I: Introduction 3 SECTION II: General Provisions 4 SECTION III: Alimony and Alimony Pendente Lite Provisions and Health Insurance Provisions 10 SECTION IV: Property Distribution Provisions 10 SECTION V: Closing Provisions and Execution 16 SECTION I INTRODUCTION THIS AGREEMENT made this t.4 Ti-J day oll~, 2005, by and between HARRY D. OWENS, JR. ("Husband") and BEVEl~Wife"). WITNESSETH: WHEREAS, Harry D. Owens, Social Security Number 211-44-9370, was born on Apri121, 1953, and currently resides at 314 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Beverly J. Owens, Social Security Number 187-46-6063, was born on June 1, 1956, and currently resides at 1204 Egret Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, the parties hereto are Husband and Wife, having been married on August 21, 1976, in Duryea, Luzerne County, Pennsylvania. Wherein after, the parties separated on March 1, 2002. WHEREAS, the union of the parties produced two children, namely Elizabeth, born July 15, 1978, and Catherine, born February 11, 1982. Neither child is a minor. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real imd personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 330 I (c) of the Divorce Code of1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently witll the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree iliat unless otherwise specifically provided herein, iliis Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by eiilier party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed ilie Agreement on the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Cara A. Boyanowski, Esquire, and to Wife by her attorney, Hubert X. Gilroy, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and 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. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters I;overed by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 8. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 5 9. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 10. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 11. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and 6 amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship ofthe parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all caUSf:S of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date oftheir divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 7 13. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or ddault hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 31 05 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 15. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 8 18. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. NO WAIVER OF DEFAULT This Agreement shall remain in fulJ force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shalJ the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause 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 her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shalJ in no way avoid or alter the remaining obligations of the parties. 21. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Harry D. Owens, Jr., 315 Liberty Court, Mechanicsburg, Pennsylvania 17050, or counsel for Harry D. Owens, Jr., or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shalJ be sent by certified mail, return receipt requested, to Beverly J. Owens, 1204 Egret Court, Mechanicsburg, Pennsylvania, or 9 counsel for Beverly J. Owens, or such other address as Wife from time to time may designate in writing. 22. HEADINGS NOT PART OF AGREEMENT 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 Agreement nor shall they affect its meaning, construction or effect. SECTION III ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS AND HEALTH INSURANCE PROVISIONS I. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. SECTION IV PROPERTY DISTRIBUTION PROVISIONS I. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible 10 personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims, which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS Husband is the owner of a United States Military Pension, which is presently in payable status. Husband currently receives gross pay in the amount of $3,296.00 per month from the Military. Of this amount, $214.63 is designated for the Survivor Benefit Expense. It is the parties' intent to provide Wife with one-half(Y>) of the taxable income figure, $3,081.37, or $1,540.68 per month from the military pension. The parties also specifically acknowledge that the dollar figures referenced above are valid as of the date of this Agreement, however, will change as Husband receives cost of living increases, and as the cost for the Survivor Benefit Expense increases. Regardless of what the dollar figures may be in the future, the parties intend that Wife shall receive one-half(Y>) of Husband's taxable income figure. Wife shall receive a direct payment of these funds from DFAS-CL. The parties agree that Wife, or Wife's counsel, shall submit this Agreement to the Defense Finance and Accounting Service/Cleveland Center, within the proscribed time frame, for implementation. Until such time as Wife begins receiving payments directly from DF AS-CL (which may take up to 180 days), Husband shall make these payments directly to Wife, no later than the iifth day after receipt of Husband's Military retirement check. Said obligation to begin the first day of the first month following the execution date of this Agreement. Wife shall remain as the recipient of the survivor benefit (SBP) of the military pension, to the degree that the plan permits her to be designated as such. The parties acknowledge that this benefit shall change from that of "coverage of spouse" to that of "coverage of former spouse" when the new election is made. Again, the parties agree that Wife, or Wife's counsel, shall submit this Agreement, and complete any other necessary paperwork, to the Defense Finance and Accounting Service/Cleveland Center, within the proscribed time frame, for implementation of the survivor benefit (SBP). It is acknowledged by the parties that the expense for the survivor benefit plan (SBP) is presently satisfied from Husband's monthly United States Military pension payment. This method of payment shall continue until further Order of Court, or agreement between the parties. Wife agrees to assume one-half responsibility for the SBP expense. 11 It is further agreed that Husband shall provide to Wife at the beginning of each and every calendar year, a copy of his current retiree account statement. The parties further agree that Husband shall retain sole ownership and possession of all of his retirement benefits and plans, including, but not limited to, his Pennsylvania Bar Association and Pennsylvania Bar Institute Pension Plan, with a marital asset value of approximately $8,529.00, and his Wachovia Individual Retirement Account (Account No. 0211449370), with a value of approximately $7,190.00, and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets. The parties also agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including, but not limited to, her Wachovia Individual Retirement Account (Account No. 0187466063), with a value of approximately $7,190.00, and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. 3. BANK ACCOUNTS Husband and Wife are the owners of several bank accounts. Husband and Wife agree that Husband shall retain sole ownership and possession of the jointly titled Armed Forces Bank checking account (Account No. 12567911), where his military retirement check is deposited each month, and Wife shall retain sole ownership and possession of the jointly 1itled M & T Bank savings account (Account No. 015004200236922). Each party specifically releases and waives any and all interest, claim or right that he or she may have in the bank account of the other. Husband and Wife further agree that Husband shall retain sole ownership and possession of the following accounts, the Commerce Bank checking and savings accounts created post-separation, titled in Husband's sole name, and the USAA savings account (SSA) (Account No. 00170-45-99), and Wife specifically releases and waives any and all interest, claim or right that she may have to these bank accounts. 4. INVESTMENT ACCOUNT Husband and Wife are the joint owners of an American Express Portfolio, valued at approximately $138,000.00, as of October, 2004. Husband and Wife agree that this portfolio shall be divided between the parties as follows: A. AXP New Dimensions Class A Fund Account (Account No. 0010-1090-0031-4- 12 002): Husband and Wife agree that the jointly titled AXP New Dimensions Class A B. Fund Account, with an approximate value of $800.00, shall be transferred in to Wife's sole name, and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. c. AXP New Dimensions Class B Fund Account (Account No. 00106249-7445-6- 002): Husband and Wife agree that the jointly titled New Dimensions Class B Fund Account, with an approximate value of $7,668.00, shall be divided between the parties, with Wife receiving 65% of the account balance and Husband receiving 35% of the account balance. D. AXP Growth Fund Account (Account No. 0011-9249-7445-1-002): Husband and Wife agree that the jointly titled AXP Growth Fund Account, with an approximate value of$58,532.00, shall be divided between the parties, with Wife receiving 65% of the account balance and Husband receiving 35% of the account balance. E. AXP Diversified Equity Income Fund (Account No. 0014-3249-7445-1-002): Husband and Wife agree that the jointly titled AXP Diversified Equity Income Fund Account, with an approximate value of $27,700.00, shall be divided between the parties, with Wife receiving 65% of the account balance and Husband receiving 35% of the account balance. F. IDS Life Flexible Annuity Account (Account No. 0930-0594-4035-2-004): Husband and Wife agree that the IDS Life Flexible Annuity Account, titled in Husband's sole name, with an approximate value of $22,143.00, shall be divided between the parties, with Wife receiving 65% of the account balance and Husband receiving 35% of the account balance. Both parties agree to execute whatever documents are necessary to transfer the above listed accounts into the sole name of Wife and Husband, as provided herein. Each party agrees to assume sole responsibility for any federal, state or local tax implications associated with the transfer of the above accounts into his/her sole name. s. AUTOMOBILES Husband and Wife agree that the 1999 Chrysler Town and Country Van, currently in the possession of Wife, shall be the sole and separate property of Wife, and Husband waives any right, 13 title or interest he may have in this vehicle. Husband acknowledges that he owned a 1992 Buick Skylark automobile during the parties' marriage, which has been traded in to purchase another vehicle. Husband received a trade in value of $1,580.00 for the Skylark. Husband and Wife agree that the trade-in proceeds realized from the 1994 Buick Skylark shall be the sole and separate property of Husband and Wife agrees to waive any right, title, or interest she may have to same. Both parties agree to execute whatever documents are necessary to transfer the above listed automobiles into the sole name of Wife and Husband, as provided herein. Both parties agree to accept sole responsibility for any loan associated with his/her vehicle as distributed under this Agreement. 6. LIFE INSURANCE Husband is the owner, and insured, of a term life insurance policy through Veterans' Group Life Insurance (VGLl) and a group term life insurance policy through the PBI. These policies shall be the sole and separate property of Husband and Wife waives any right, title or interest she may have in these policies. Husband shall be responsible for all premiums due upon these policies. Husband is also the owner, and insured, of a universal life insurance policy through IDS Life Insurance Company. This policy has a cash surrender value of approximately, $21,000.00. Husband agrees to transfer ownership of this policy to Wife. Wife shall be responsible for all premiums due upon this policy. 7. 2004 INCOME TAX RETURNS The parties have agreed to the filing of joint tax returns for the year ending December 31, 2004 and have agreed to fully cooperate with each other so as to achieve the most advantageous tax treatment possible. Any refunds realized by the parties from the filing of a joint return, shall be equally divided between the parties. Both parties agree to fully cooperate with each other in the preparation, signing and filing of the joint tax returns. Husband shall accept sole responsibility for satisfYing all costs associated with the preparation and filing of the joint tax returns. 14 8. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 9. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 10. AFTER-ACOUlRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, that being, March I, 2002, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 11. REAL ESTATE A. Marital Residence: The parties acknowledge that they were the owners of real property, titled as tenants by the entireties, located at 295 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania. This property has been sold, with settlement occurring in August, 2002. The proceeds from the sale of the property were used to satisfy the remaining balance of the mortgage and the joint credit card debts of the parties. Upon satisfaction of the joint debts, the parties equally divided the remaining proceeds, with each party receiving approximately $7,500.00. Husband and Wife agree that the proceeds received by Husband from the sale of the Marital Residence shall be his sole and separate property and the proceeds received by Wife from the sale of the Marital Residence shall be her sole and separate property. Each party waives any right, title or interest he or she may have in the sale proceeds received by the other party. B. Wife's Residence - Husband agrees that the real property purchased by Wife, located at 1204 Egret Court, Mechanicsburg, Cumberland County, Pennsylvania, is and shall remain the sole and separate property of Wife. Husband acknowledges that he has no legal or equitable interest in this property. 15 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. (k~ WITNESS ---/-' -;?""? <--- HARRY D. OWENS, JR. -- - --., ........-- oy~ ...... J..''iv,'" 7 DATE ZGCJ-' Lv! tcJ WITNESS l13u~ ~_ CiAH~ BEVERL 1. - WENS .,{V' ~tJ<" ZmS DA E 16 AGREEMENT BETWEEN HARRY D. OWENS, JR. AND BEVERLY J. OWl!:NS Cara A. Boyanowski, Esquire Counsel for Husband Hubert X. Gilroy, Esquire Counsel for Wife TABLE OF CONTENTS SECTION I: Introduction 3 SECTION II: General Provisions 4 SECTION III: Alimony and Alimony Pendente Lite Provisions and Health Insurance Provisions 10 SECTION IV: Property Distribution Provisions 10 SECTION V: Closing Provisions and Execution 16 SECTION I INTRODUCTION THIS AGREEMENT made this ~h\ TW day of(ln Y'lUfl ~ I I , 2005, by and between HARRY D. OWENS, JR. ("Husband") and BEVE~Wife"). WITNESSETH: WHEREAS, Harry D. Owens, Social Security Numbe:r 211-44-9370, was born on April 21 , 1953, and currently resides at 314 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Beverly J. Owens, Social Security Number 187-46-6063, was born on June I, 1956, and currently resides at 1204 Egret Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, the parties hereto are Husband and Wife, having been married on August 21, 1976, in Duryea, Luzeme County, Pennsylvania. Wherein after, the parties separated on March 1, 2002. WHEREAS, the union of the parties produced two children, namely Elizabeth, born July 15, 1978, and Catherine, born February 11, 1982. Neither child is a minor. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real1md personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows; SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code ofl980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Cara A. Boyanowski, Esquire, and to Wi~e by her attorney, Hubert X. Gilroy, Esquire. The parties acknowledge that they fuJly understand the facts and have been fuJly informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entl:red into freely and voluntarily, after having received such advice and with such knowledge and 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 iJlegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a fuJl and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (I) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obJligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 8. BANKRUPTCY The parties hereby agree that the provisions of this Agre:ement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a dis,~harge of any obligations assumed hereunder, the other party shaJl have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' mutual assets and all other rights determined by this Agreement shaJl be subject to Court determination the same as if the parties had never executed this Agreement. 5 9. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate: income on the aforesaidjoint returns. 10. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 11. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or fhture support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and 6 amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insmance proceeds at the death of the other of which she or he is the named beneficiary (whether the belll~ficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will" or to act as personal representative or executor if so named by the will of the other, whether such weill was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 7 13. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 15. LAW OF PENNSYL VANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreemenlt shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 8 18. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. NO WAlVEROF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performal1ce of any other obligations herein. 20. SEVERABILITY AND INDEPENDENT AND S]I!:PARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause 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 her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions prece:dent, shall in no way avoid or alter the remaining obligations of the parties. 21. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Harry D. Owens, Jr., 315 Liberty Court, Mechanicsburg, Pennsylvania 17050, or counsel for Harry D. Owens, Jr., or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Beverly J. Owens, 1204 Egret Court, Mechanicsburg, Pennsylvania, or 9 counsel for Beverly 1. Owens, or such other address as Wife from time to time may designate in writing. 22. HEADINGS NOT PART OF AGREEMENT 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 Agreement nor shall they affect its meaning, construction or effect. SECTION III ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS AND HEALTH INSURANCE PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support., maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible 10 personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims, which either may have with respect to the above items, which shall thereafter be the sole and exclusive property ofthe other. 2. RETIREMENT BENEFITS Husband is the owner of a United States Military Pl:nsion, which is presently in payable status. Husband currently receives gross pay in the amount of $3,296.00 per month from the Military. Of this amount, $214.63 is designated for the Survivor Benefit Expense. It is the parties' intent to provide Wife with one-half (V,) of the taxable income figure, $3,081.37, or $1,540.68 per month from the military pension. The parties also specificall.y acknowledge that the dollar figures referenced above are valid as of the date of this Agreement, however, will change as Husband receives cost of living increases, and as the cost for the Survivor Benefit Expense increases. Regardless of what the dollar figures may be in the future, the: parties intend that Wife shall receive one-half(V,) of Husband's taxable income figure. Wife shall receive a direct payment of these funds from DFAS-CL. The parties agree that Wife, or Wife's counsel, shall submit this Agreement to the Defense Finance and Accounting Service/Cleveland Center, within the proscribed time frame, for implementation. Until such time as Wife begins receiving payments directly from OF AS-CL (which may take up to 180 days), Husband shall make these payments directly to Wife, no later than th,~ fifth day after receipt of Husband's Military retirement check. Said obligation to begin the first day of the first month following the execution date of this Agreement. Wife shall remain as the recipient of the survivor benefit (SBP) of the military pension, to the degree that the plan permits her to be designated as such. The parties acknowledge that this benefit shall change from that of "coverage of spouse" to that of "coverage of former spouse" when the new election is made. Again, the parties agree that Wife, or Wife's counsel, shall submit this Agreement, and complete any other necessary paperwork, to the Defense Finance and Accounting Service/Cleveland Center, within the proscribed time frame, for implementation of the survivor benefit (SBP). It is acknowledged by the parties that the expense for the survivor benefit plan (SBP) is presently satisfied from Husband's monthly United States Military pension payment. This method of payment shall continue until further Order of Court, or agreement between the parties. Wife agrees to assume one-halfresponsibility for the SBP expense. 11 It is further agreed that Husband shall provide to Wife at the beginning of each and every calendar year, a copy of his current retiree account statement The parties further agree that Husband shall retain sol,e ownership and possession of all of his retirement benefits and plans, including, but not limited to, his Pennsylvania Bar Association and Pennsylvania Bar Institute Pension Plan, with a marital asset value of approximately $8,529.00, and his Wachovia Individual Retirement Account (Account No. 0211449370), with a value of approximately $7,190.00, and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets. The parties also agree that Wife shall retain sole o'l\'l1ership and possession of all of her retirement benefits and plans, including, but not limited to, her Wachovia Individual Retirement Account (Account No. 0187466063), with a value of approximately $7,190.00, and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. 3. BANK ACCOUNTS Husband and Wife are the owners of several bank accounts. Husband and Wife agree that Husband shall retain sole ownership and possession of the jointly titled Armed Forces Bank checking account (Account No. 12567911), where his military retirement check is deposited each month, and Wife shall retain sole ownership and possession of the jointly titled M & T Bank savings account (Account No. 015004200236922). Each party specifically releases and waives any and all interest, claim or right that he or she may have in the bank account of the other. Husband and Wife further agree that Husband shall r,etain sole ownership and possession of the following accounts, the Commerce Bank checking and savings accounts created post-separation, titled in Husband's sole name, and the USAA savings account (SSA) (Account No. 00170-45-99), and Wife specifically releases and waives any and all intere:st, claim or right that she may have to these bank accounts. 4. INVESTMENT ACCOUNT Husband and Wife are the joint owners of an American Express Portfolio, valued at approximately $138,000.00, as of October, 2004. Husband and Wife agree that this portfolio shall be divided between the parties as follows: A. AXP New Dimensions Class A Fund Acco!!!!! (Account No. 0010-1090-0031-4- 12 002): Husband and Wife agree that the jointly titled AXP New Dimensions Class A B. Fund Account, with an approximate value of $800.00, shall be transferred in to Wife's sole name, and Husband specifically rdeases and waives any and all interest, claim or right that he may have to these assets. C. AXP New Dimensions Class B Fund Account (Account No. 00106249-7445-6- 002): Husband and Wife agree that the jointly titled New Dimensions Class B Fund Account, with an approximate value of $7,668.00, shall be divided between the parties, with Wife receiving 65% of the account balance and Husband receiving 35% of the account balance. D. AXP Growth Fund Account (Account No. 0011-9249-7445-1-002): Husband and Wife agree that the jointly titled AXP Growth Fund Account, with an approximate value of$58,532.00, shall be divided between the parties, with Wife receiving 65% ofthe account balance and Husband receiving 35% ofthe account balance. E. AXP Diversified Equity Income Fund (A,ccount No. 0014-3249-7445-1-002): Husband and Wife agree that the jointly titled AXP Diversified Equity Income Fund Account, with an approximate value of $27,700.00, shall be divided between the parties, with Wife receiving 65% of the account balance and Husband receiving 35% of the account balance. F. IDS Life Flexible Annuity Account (Account No. 0930-0594-4035-2-004): Husband and Wife agree that the IDS Life Flexible Annuity Account, titled in Husband's sole name, with an approximate value of $22,143.00, shall be divided between the parties, with Wife receiving 65% of the account balance and Husband receiving 35% of the account balance. Both parties agree to execute whatever documents are necessary to transfer the above listed accounts into the sole name of Wife and Husband, as providl:d herein. Each party agrees to assume sole responsibility for any federal, state or local tax implications associated with the transfer of the above accounts into hislher sole name. 5. AUTOMOBILES Husband and Wife agree that the 1999 Chrysler Town and Country Van, currently in the possession of Wife, shall be the sole and separate property of Wife, and Husband waives any right, 13 title or interest he may have in this vehicle. Husband acknowledges that he owned a 1992 Buick Skylark automobile during the parties' marriage, which has been traded in to purchase another vehick. Husband received a trade in value of $1,580.00 for the Skylark. Husband and Wife agree that the trade-in proceeds realized from the 1994 Buick Skylark shall be the sole and separate property ofHusb<md and Wife agrees to waive any right, title, or interest she may have to same. Both parties agree to execute whatever documents are necessary to transfer the above listed automobiles into the sole name of Wife and Husband, as provided herein. Both parties agree to accept sole responsibility for any loan associated with his/her vehicle as distributed under this Agreement. 6. LIFE INSURANCE Husband is the owner, and insured, ofa term life insurance policy through Veterans' Group Life Insurance (VGLl) and a group term life insurance policy through the PBI. These policies shall be the sole and separate property of Husband and Wife waives any right, title or interest she may have in these policies. Husband shall be responsible for all premiums due upon these policies. Husband is also the owner, and insured, of a universal life insurance policy through IDS Life Insurance Company. This policy has a cash surrender value of approximately, $21,000.00. Husband agrees to transfer ownership of this policy to Wife. Wife shaLl be responsible for all premiums due upon this policy. 7. 2004 INCOME TAX RETURNS The parties have agreed to the filing of joint tax retun~s for the year ending December 31, 2004 and have agreed to fully cooperate with each other so as to achieve the most advantageous tax treatment possible. Any refunds realized by the parties from the filing of a joint return, shall be equally divided between the parties. Both parties agree to fully cooperate with each other in the preparation, signing and filing of the joint tax returns. Husband shall accept sole responsibility for satisfying all costs associated with the preparation and filing of the joint tax returns. 14 8. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 9. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 10. AFTER-ACOUlRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tmgible or intangible, which are acquired by him or her after the parties' date of separation, that being, March 1, 2002, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 11. REAL ESTATE A. Marital Residence: The parties acknowledge that they were the owners of real property, titled as tenants by the entireties, located at 295 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania. This property has been sold, with settlement occurring in August, 2002. The proceeds from the sale of the property were used to satisfy tht:, remaining balance of the mortgage and the joint credit card debts of the parties. Upon satisfaction of the joint debts, the parties equally divided the remaining proceeds, with each party receiving approximately $7,500.00. Husband and Wife agree that the proceeds received by Husband from the salt:: of the Marital Residence shall be his sole and separate property and the proceeds received by Wife from the sale of the Marital Residence shall be her sole and separate property. Each party waives any right, title or interest he or she may have in the sale proceeds received by the other party. B. Wife's Residence - Husband agrees that the real property purchased by Wife, located at 1204 Egret Court, Mechanicsburg, Cumberland COurlty, Pennsylvania, is and shall remain the sole and separate property of Wife. Husband acknowledges that he has no legal or equitable interest in this property. 15 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. ~~. r ~? < HARRY D. OWENS, JR. ""') 2'1:::1:''''''''-7 LG,",,- DATE L,j KJ ~~~ ~ _ a~/~ BEVERL J. WENS )1/ '}U-"", _ ZeDS ~ WITNESS 16 l.~\ r..,'l ~"l 0) - HARRY D. OWENS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v 02 - 1154 CIVIL TERM BEVERLY J. OWENS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) ofthe Divorce Code was filed on March 7,2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about March 14,2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing ofthe Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. I understand that I will not be divorced until a DivOl"ce 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 . 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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 l'a.C.S. ~4904 relating to unsworn falsification to authorities. Date: JA^,(/,4~ 31, ZooJ~ ~-/-' :;;::::=- .0;7" ---~ Harry D. Owens, Jr'!Plaintiff ----------- -.'"1 ro,cl C:;J 1'C' c. ~ c-:;) HARRY D. OWENS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : 02 - 1154 CIVIL TERM BEVERLY.J. OWENS, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) ofthe Divorce Code was filed on March 7,2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about March 14,2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date ofthe filing ofthe Compllaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. I understand that I will not he 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 . 7. I have been advised of the availability of marriag€: counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: J d dr.L665 I(~c-U'-"~ ~ -(L~~J Beverly . wens! Defendant _-1 -r\ -'\~" f"1"~ i 1'\ C<, I r-,) '-.:-:' c:::' c..,--: HARRY D. OWENS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1154 CIVIL TERM BEVERLY J. OWENS, 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. Ground for divorce: irretrievable breakdown under S3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon counsel for Defendant, Hubert X. Gilroy, Esquire, by first class mail, postage prepaid on March 11, 2002. Counsel for Defendant acknowledged receipt of the Complaint by signing and filing an Acceptance of Service on March 15, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by Plaintiff: January 31, 2005, 2005; by Defendant: February 1, 2005. 1. _J . . . . . . . . . . . . . . . . . . . . ,.,:f.;t;1f. "';Ii "'''''''''''''''''''''''''''' "''''''''''''''''''''''''' "'''' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DECREE IN DIVORCE ~~~ '- STATE OF HARRY D. OWENS, JR. PLAINTIFF VERSUS BEVERLY J. OWENS DEFENDANT . . . . . . AND NOW, . . DECREED THAT HARRY D. OWENS, JR. . . BEVERLY J. OWENS . AND . PENNA. No. 02-1154 CIVIL TERM -- 2~ , , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE FOR WHICH A FINAL ORDER HAS NOT . BEEN RAISED OF RECORD IN THIS ACTION YET BEEN ENTERED; None . The provisions of the Agreement entered into by the parties on but shall be incorporated by Decree in D~orce BYTH~ ATTEST: (j$~- ( --~ . . January 24, 2005, shall not be merqed into this . . '~ , .\~ ~-""_....... ~.. r' "', _,..............._ :, ,..-,-:\;....- , ... ~ 'r' ~ ~ ... ',. ;;..,;~ .. ,_ /".' ,. '" -....~ i'.. ..~,_.:~ : .~: lio ..i " J, , ~ . . . . . . 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