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Home My WebLink About96-00378 ,~ j . -? I I g J ~&~' ~l" ~:;'~'2 '~:..~."FQ} {f;.".:,~"" ~~~: ",,;,y~, :":"'-'~ ,~;riJi; ""00"..1 "~' , ['.~'."'. ,);'; "", f. ".., J:'~'" . :J ?;. ..':;.". "":1 \ , <r.o <lII>' . . . . .". ..;c. . <lII> 'le. .:.:. . .:+:0 .;co. . .;CO')C.:>M(_)_;._:.,.-=:-OlD(~ 8 --- . 8 8 ~ IN THE COURT OF COMMON PLEAS . ~ ~ S OF CUMBERLAND COUNTY ~ : STATE OF ~ PENNA. ! 8 ~~ . ~ 8 8 .,,~~!l~..~~. ~..."...................,...... 1,1 . N o. ~,~~?~.......... ................, 19 96 8."."""..,,,...,,,, .,,,,,,,,,,,,,,,..,,,..................... il ~ 8 Vel'sus ii . : HEL~..~..,::~ .. ..""""".."" II : 8 ~ r~ ~ . 8 . 8 " ~ ~ ;,: ~ ~ $ " S $ DECREE IN t?ORCEit ~:UJP.l1 . . . . . . . . . . , . , . . . . . . . . .. 19,. .Q& ., it Is ordered and $ .~ ~ 8 ~ 8 8 ~ ,;, ;:0 IW J. '"00 i~ i'" !~ ~ - - - - ," -' - . . ' ~ """'-."" - -- ....-........... ...............-------...- -_.~,~._- '.- _. - ...-..,._-""'--.... ... -........-.....-....-. - '.., -, .-... ~. ,; .~~-~~.~~-~~~~~~~~~--**-~~~-~*~- 8 ,', ~ ~ ,; 8 ~ decreed that,...... ,91'~~~~.~: .~........................, plaintiff, and, " . , ,. ., '.. . ., .. 1l.E~.EN. J.... ~N . .. . .. .. .. . , .. ... . .. " .., defendant, are divorced from the bonds of matrimony. ~ ~ $ e The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet been entered; w ',' ~ s All economic claims are reserved. '0 "0 ..0 .... .... ........... ................................................ 8 e M " .. ........... ........................................... ~ e . ~~",. < {' tJ.z.&, A..~~;~ ~~hH /'~.tffJd- ,.. . . -7 ~7J'P~olhonola.'y ." ~ ? ~ , < '$"~ <l& 6'/ c~", ~",.. ~~. . d alf ~:..."' 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',,'."';' . . \ . .......,1,., I " , I". . , 'i. .. , '.f" i l' . '\ 'J't I, .' \ . ." . . ".. . ;~, ~1.. .. r . .. '. , . ,\' " . 't.' : ... , "-."- ~'r~-~_'.. "-. -JA. ' , . i ,~ : " ~ ! ; . i , .. . " ; I i. i ,r" " I "- ~, II i. . -, I \ i, i · , . , r Ij Ill.! " . " " " . " , , \ , I" I,' STEPHEN L, BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A.1\jIA NO, 96-378 v, HELEN L, BOWMAN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code, 2, Date and manner of service of the complaint: certified mail, restricted delivery on January 31, 1996, as evidenced by filed Affidavit of Mailing, 3, (Complete either paragraph (a) or (b),) (b) (I) Date of execution of the plaintiffs affidavit required by Section 330 I (d) of the Divorce Code. January 22, 1996, (2) date of service of the plaintiffs affidavit upon the defendant, certified mail, restricted delivery, January 31.1996, 4, Related claims pending: None (unless othelWise specified), 5. Date and manner of service of the notice of intention to file praecipe to transmit record: certified mail; restricted delivery on June 10, 1996; copy of said notice is attached hereto, MARTSON, DEARDORFF, WILLIAMS & OTTO , ..,'} I' !)n ' I \.c.,.'M J,1.., - vV ,-~r"tIA,oAA...... By ; Thomas J, WiHiams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Atlomeys for Plaintiff Date: July 9, 1996 4 * ,_._~ .,-. :.""h'" -., I, .:-_..-.~j.... . I'~~ \G# li: ,... '>- N ;- .;..: -.11' '"', M :5;!jj ~p .::le" e :I: ...J::e -" "- :)~ ~F en l,. ,..-'Pm W- I _jZ I"Z t}} -' "il~ =:J rq F ..., ~ 15 to ::l CT\ U .,.. (T') ..~ ll~ ,~ L-: j-' .. ~~i ~: \.- ~ l~ ~- ~~'~-~ {~ u:1'; ::~ r= -~ r ~ p .f ~i'~ ..~ , ..."l \"" ~ ~C)~ ::J \'~ ~.~ '~ 1); '0 '.)' ~ t;; ~ I';: . ..... "f) \S;5 ~....... -... ~ o;n- ~ \\-:- r--J (j " rt (Y'\ .)- M -! ~ ~~ f.l~~~!'II ..,. -., , .It . , . -11 ~ .- , ' '" I ...~ L n.,'''_ 'wiIP --' ~~=~,.:_ oS!J. :-;~.. C) ..~; t.)~; I. "'-.1 :':/;j. i'. :-..: l,:'^1 r}w... ~: 11- ,-0 'U::J o c.i' l'$:!i ~ ~ ~ S ~ ... z .... ~~ ! ! ~ s ~ I~ ~ ~ gt ~ ~~ 8 6~ . :o! l~ S!z ~~~ ...:I . . ...:I > ...:I ~ J 0 ~ ~~ !!l 15 I!'~ ~ ~ ~ ~<~ ~ffi J < ~~ ~ . , . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, q 6 - 378 Ci.-~).;.e T ~'lv..J STEPHEN L, BOWMAN, Plaintiff HELEN L. BOWMAN, Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted, PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June 4, 1994, and have continued to live separate and apart, 2. The marriage is irretrievably broken, 3, I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, I verilY 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,A, Section 4904 relating to unswom falsification to authorities, Date: 22. Ja-. /71t; f/lfILEl\(lATAF1Ll\llENOUl'9ll\U\4.(UM IItft 1"1.... 0111....102911AM Ilm.l 0111.... U nooPM STEPHEN L, BOWMAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF ClIMBERLAND COUNTY, PENNSYLVANIA NO, HELEN L. BOWMAN, Defendant 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse, If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice, Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ..'-. STEPHEN L, BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, HELEN L, BOWMAN, Defendant IN DIVORCE COMPI.AINT AND NOW, comes Plaintiff, Stephen L, Bowman. by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, pursuant to Sections 3303 (c) and, alteratively Section 3301 (d) of the Pennsylvania Divorce Code and avers as follows in support thereof: I, Plaintiff is Stephen L, Bowman, who currently resides at 729 uF" Street, Pennsylvania, 2, Defendant is Helen L, Bowman, who currently resides at 1358 Horick Drive, Boiling Springs, Pennsylvania, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married on June 5, 1968 at West Point, New York. 5, There have been no prior actions of divorce or for annulment between the parties, 6. The marriage is irretrievably broken, 7, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, 8. Plaintiff consents to a divorce, 9, The Plaintiffand Defendant will have been separated for two years on June 4, 1996, WHEREFORE, Plaintiff prays your Honorable Court to issue a Decree of Final Divorce pursuant to Section 3301 (d) or, alternatively, Section 3301 (d) of the Divorce Code, Date: January 24, 1996 MARTSON, DEARDORFF. WILLIAMS & OTTO By "'~CA-) W.Jt ~-~... Thomas J, Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff . VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own, I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel. I have relied upon counsel in making this verification, This statement and verification are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities. which provides that if I make knowingly false averments. I may be subject to criminal penalties, , _ 0 , '. ..\I..ILE'i()^TAflU.....1ENrxX'Ve......~Nur I ..' 'n..... 0."...0)0002,.. 1l;n1Md O'/09rI"Hi 01 21 k PM STEPHEN L, BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 96-378 HELEN L, BOWMAN, Defendant IN DIVORCE NOTICE OF INTENTION TO REOIJF.ST ENTRY OF DIVORCE DECREE PURSUANT TO 192073 (A)(2) TO: HELEN L, BOWMAN, Defendant Plaintiff, Stephen L, Bowman, intends to file with the Court the attached Praecipe to Transmit Record on or after July 9, 1996, (20 days) requesting that a final decree in divorce be entered, MART~9N, DE~. ORF!, W~LLIAMS & OTTO By -~U-t-)- ~V~ Thomas J. WiI~ms, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 10, 1996 Attomeys for Plaintiff " , . . '., -...1, ..~ ~:; &; ,... ,- <, ~ :-~ ,.- M ;~ :;( r' UJ_ u. ., lEe. u: ..):'1. @~l )~ b a, ',~ I )-. '2 " - D:!'.' -. :;ll.iJ r.: ;:" ;,:10.; -. t5 v.l ::J en U ! , STEPHEN L, BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA v, NO, 96-378 HELEN L, BOWMAN. Defendant IN DIVORCE NOTICE OF INTENTION TO REOIJEST ENTRY OF DIVORCE DECREE TO: HELEN L. BOWMAN. Defendant You have been sued in an action for divorce, You have failed to answer the Complaint or file a Counteraffidavitto the Plaintil1's Affidavit, Therefore, on or after July 9. 1996, the Plaintiff can request the court to enter a final decree in divorce, If you do not file with the Prothonotary ofthe Court an answer with your signature notarized or verified or a counteraffidavit by the above date, the court can enter a final decree in divorce, Unless you have already filed with the court a wrillen claim for economic relief. you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDA VIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE, 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, Court Administrator Fourth Floor Cumberland County Courthouse Carlisle. Pennsylvania 17013 Telephone (717) 240-6200 \1 ';,......~,. .." b , , ir: ,... .:"'1 N ,.'00 Wp <Y: IE ~ 0:: gf, ~ fflf;!: ~ u_ lO o en o- r- '.-: 3::; .~j. ..)~ --<;:: 'it) ,~J._ ,-..~ "liD ~Ua..; ~ ;:; u '- I . . I' ,.: . STEPHEN L, BOWMAN. PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 96-378 HELEN L, BOWMAN. Defendant IN DIVORCE COIINTER-AFFIDAVIT UNDER SECTION 330Hdl OF THE DIVORCE CODE I. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree, (b) I oppose the entry ofa divorce decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years, (ii) The marriage is not irretrievably broken. 2, Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights conceming alimony, division of property. lawyer's fees or expenses if I do not claim them before a divorce is granted, (b) I wish to claim economic relief which may include alimony, division of property. lawyer's fees or expenses or other important rights, I verifY that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, ~4904 relating to unswom falsification to authorities, Date: Helen L, Bowman. Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit, STEPHEN L, BOWMAN, PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, 96-378 HELEN L, BOWMAN, Defendant IN DIVORCE AFFIDAVIT OF MA1I.ING COMMONWEALTH OF PENNSYLVANIA ) : SS, COUNTY OF CUMBERLAND ) I hereby certifY that a copy of the Complaint in Divorce was mailed to Defendant, Helen L, Bowman, at 1358 Horick Drive. Boiling Springs, Pennsylvania. 17007 on January 24, 1996 by certified mail, restricted delivery, return receipt requested, Attached is the Post Office return receipt signed "Helen L, Bowman" and dated January 31, 1996, '1~)~ Thomas J, WiDlams, Esquire Swom to and sU~l!ribed before me this /OT'day of JUn~ \.j . . r;?/l...u.J Notary Public Not....,.",,,! Seal Trtda L .James, NclIaIy PIAlIo CMsle 8010, CIJmberto1fd Colny lAy Commossoon E.l>'llll Nov, 24. 1997 ,..' "-'*l--Io.'" I 8,,~:"" I .'.............. I' c....._a.....40.~, . PrInt"'" I'IIft'lI end Iddrt" on the _,,*Nhl"you, \ , A_Ihlo.......dlo.......,dlo -...-. .. ,.,_.'IIOlUm"-ft_......ondlo >>- ,'1Ilo_~..._....horndlo' ,I ...., ;"1" ,Artlcl. Add,...1eI 10: ";"Ms. Helen L. BOWllllln i, '1358 Horick Drive . "Iaoiling Springl, PA , -,,; I 17007 I:: " " I,' ~ ,IV lu.. IAdd~ '...: ;;'1,.11., Slgn.lu.. IAv.nll I; sips Form , D~, lVVl .u.a._,__,.. r. 01; . " :,;ut.:- -"'llL'! 11 I: ; I: ii, _ ; ; .'. ot. IWIIh 10 roc.lvl thl ,lIfYIcIIlfOl In IXIII Add......'. Alld_ DOMEmc RETURN RECEIPT ! I <lb. S.rvlco Typ. J o RIiIIIlIlIeI 0 IMU,1eI IllI Clr11111e1 0 COO 'I o EJcp..II M.II iii R.Mn Roc.lpl for 7. 011. 01 D.llv. .. - 4 . I 8. Add... '. dd.... lOnly II ,oqu..1Id 'I Ind ,.. ,. plldl -. ~ 1',.. I' 1:14 2'14 ~4l! ~Certlfied Mall Receip.t No Insurance Coverago Provided __ Do not usa for Inlernalional Mai( '::;;::C'~':.~n (Soo Reverse) Sflnlto Hs. lIelen L. Bowman Slr~~~oHorick Drive .lJ flO . Slal(t <\ liP Co<1l1 Boiling Springs, PA 1700 PosI.tge $ ..5-~ Cer!lhtodfH I, ,,0 S~tI8'0tI11V'l'tvff'tt ., 7 .' .. ."', --' / c.P -;-: :.-;/' en a. -_..'---~.~."'- <. , .....u ...........'. "o_~. ., ~ ~ ~ Ig ~ si i!= Q.. ~ , ~ ~ ~I ~.! :z:: ai F ~ (.I;! ~ ~ a , " $olC'.>' ,leo' ,*' ... 'leo' ... ....-......, ....~ '>lie. .:c. .:c. ... ,*' ... -:.10' -:.10 ,*,'x:_>*:olC<::olC<:/.4003Co::"':;_:<III(~ 8 8 * ~ e IN THE COURT OF COMMON PLEAS . $ OF CUMBERLAND COUNTY 8 ~ : , * ~ 8 ~ i STATE OF ~.... ... PENNA. ~ e @ e ~ eSTEPllEtLL., BOWMAN"" ., "..,."....,....,..... 1,/ !," ~ Plaintiff' N (). ..,~~:::~!.~,...... ......,.......... 19 96 ~ e'" """""" ~C'I:SIIS"'''., "..",,,..,,,..,..' !i ~ : "lIELEN,L.,IlOWMAN".,.. . . ''''''''''"",..,...,,,, I,ll ~, "" "" , ,,,Defendant ,,,, . ,,,,, , !Ii! ." ~ ~ t.' r-: ~ ~ - . $ ~ ,', ~ ~ ~ ~ ,.' lC . ~ ~ ':' ,7 ... ... . ". ld ~ Prothonotary ::: t.~~~, ->>:- ->>:- ->>:- >lie' >lie. >lIe'~M' -It> .:+> ,:.>-':c.-.:i;;:;::{.:'-;:~;::-:;::~:--::.:;-::'::-~:.::-:i:, ,:~;. ;:, " " ", ~'. ~ ,', ~ ~ Ii 3!. ~ ~ ", ~ 8 e w .... ~ ,,' ~ ~.' ~ ~ ~ ,,' ~ e DECREE IN DIVORCE AND NOW, . .. .. ,.... . .. '... .. .. .... .. .. 19 ..!:lEi.., it Is ordered and decreed that.., " ,...." .~ij:~~~.~: .~l';l....".....,...,.." plaintiff, and."".""....."...., ~~,L~. !-:. ~!'I......".".......... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ M ~, w ',' w .... None. .........................................................................., ." ~ .... .............. .'. ~ . ......... .......... ...... ................ ............... ~ Dy The Court: ~ .', ~ Atte.t: .', ~ J. ~ WILlIAM F, MARTSON DANIEl. K. DEAlUlORFF THOMAS J, WILlIAMS lvo V. Orro, III STEPHEN L. BLOOM GEORCE B. FAUER, JR. WILlIAM D, POWELL THOMAS G, CoWNS vltwt&MtJ q)ea~1f, f'll1/lim}f4 &. ~tto A PWFWIONA1,. COkl'ORATIUN ArroRNEYS AND COUNSELLORS AT LAw TEN EAST HIGH STREET CARLISLE, PENNSYlVANIA 17013 TELEFtlONE (717) 243-3341 July 18, 1996 FAOIMILE (717) 243-18S0 h<TERNET mdwol!>mdwo,com VIA HAND DELIVERY Honorable George E, Hoffer Cumberland Counly Courthouse Carlisle, PA 17013 RE: Stephen L, Bowman v, Helen L, Bowman No, 96-378 - Cumberland Counly C,C,P, Our File No, 8454.1 Dear Judge Hoffer: My client advises that, according to his son, the home telephone number of Mrs. Bowman is unlisted, but he thinks it is 2 e was last working at Liberty Travel in the Camp Hill Mall, whose number is lis as 730-4680, Very truly yours, f~) w1t,,-~. - Thomas J. Williams , TJW/tdw v~ F\FILES\OATAFlLOOENLTkW\U,...m,1 li;\i;- , 'r '~'" r?1~~:~~ ",<""-':.r ;\~~,C .~':,:t_.;'F~1~It~?~,.,-,':,:}:,;.\ i,~' ('.. "PUY calm" THAT TN'. ,",' ",''".:. ' ,,'. '..'. TIIIII ,,"D OOIlIWlT COl"t Dl' .,"",.h;, ., ',:",TMIOIlI..1CMo .....0 01' __" (C;.1',";' ,c',,' J DI,,". .. IlADClI.I... .:,<It..~, , , " ..... :--<; ~-'.'''' ",. . ....... ,~'r> ',' CO". STEPHEN L, BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA v, NO, 96-378 HELEN L. BOWMAN. Defendant IN DIVORCE COIINTER-AFFIDA VIr UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. Check either (a) or (b): cfD (b) I do not oppose the entry of a divorce decree, I opp~ the entry,)'f'a divorce ~ree becau~(check ~ii) or bojk): (i) ( The part' to this acti06have not IivtJ separate,fu,d apan fir a period of at least two years, (ii) I The marriag{is not irret9lvably b~en. 2, Check either (a) or (b): (a) I do t wish to make any;rrms for ec?mic relief. I uyderstand that I ~ lose rights concemin Iimony, division of Fpeny. la~r's fees or expotses if I do not c)6im them before a divor is granted, ~ I wish to claim economic relief which may include alimony, division of propeny, lawyer's fees or expenses or other imponant rights, I verifY that the Statements made in this counter-affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. ~4904 relating to unswom falsification to authorities, O t \ /. "::>"_ U I \Cl, '-\ '-.0:. a e: --3,-- _ .. ' ~~-- ~ \=<Y~,--_.,,~-- Helen L. Bowman, Defendant NOTICE: If you do not wish to oppose the entry ofa divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. o -' {} ~- L ,"-- '.u~.-' <.). f.i:' I. ' y,' Qr' ~I G:! I I' Ci i..:'J ~..~ fil '. :,- - ':;} (>; . ..:2 ":J I.... \.r) <;" -; ,'-'1 ~1i.t ~~ (i :."\ ~. , ';: :.;.,. l:i}(':" ,'(1.,.,~:,,.,;:.:.,~~,: : . . "J:~~. ~~\~;+l~r ~~::,;;X~f.;~~:l?t\:r~',..:'- DIANE G, RADCLIFF ATTORNEV.AT-I.AW sua TRINIlI.f. ROAn CAMP 11I1.1.. FA. 17011 STEPHEN L. BOWMAN, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96,378 HELEN L. BOWMAN, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE " To the Prothonotary: Please enter my appearance on behalf of the Defendant in the above captioned Esquire '.1..... . :.... "~.I '- Lf) i""-: C': i.:' E; . " li, ~. r.J( ....* '. . ", , , fL, ll.. l~ ." , ;"-J 2:' e:, ',,o) fr)! C'~ I:>':': ,~ / ...J,~ . , , iUj U:" , -. .., . '; ~ i.l- j:"" =; ,.r',. II. to .:1 () Ca V .1 " 1 0., - 0.. 0 - f"'! fJ " ~ i'i' ~ ) .1, 1\: -s j:~ c::: Ul(' (,. ,cl: ~~ .- <,J' ;,..; p_\ 0-',. '- 'i1 ~ \~ ~- i' .....j ~,t .-' " I 'lI.. Ul <'" " ~W tit' :=;1 :-:;7-. I!iO F ~-' l!.~ \' 1.0 ) 0 G' ) ~ ~~!e ~ ~ ~ t!i~I~ ~~i3" Q t:3 . . . STEPHEN L. BOWMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-378 HELEN L. BOWMAN, DEFENDANT CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle. pennsylvania. II' YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION 01' PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY 01' THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II' 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 DIANE G, RADCLIFF ATTORNI:\'.AT.I.AW 'us TRINUI..: RUAn CAMP 11I1.1., I'A 17011 STEPHEN L. BOWMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-378 CIVIL ACTION - LAW IN DIVORCE HELEN L. BOWMAN, DEFENDANT AND NOW, ANSWER AND COUNTERCLAIM TO PLAINTIFFS DIVORCB COMPLAINT this ~ day of ~.. Q""" \ , 1996, comes the Defendant, Helen L. Bowman, by her attorney Diane G. Radcliff, Esquire, and files the above referenced pleading as follows: ANSWER 1. Admitted with the clarification that since the filing of the Complaint the Defendant has moved to Germany. 2. Admitted. 3 . Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7 . Admitted. 8. Admitted. 9 . Admitted. WHEREFORE, Defendant acknowledges that a Decree in Divorce may be entered upon resolution of the economic claims hereinafter raised. DIANE G. RADCLIFF ATTORNEY-AT-LAW SHI TRINOI.[ ROA.n CAMP 1111.1.. PA 17011 COUNTERCLAIM COUNT I EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth in length. 11. Plaintiff and Defendant have legally acquired property, both real and personal, during their marriage from June 5, 1968 until June 4, 1994, the date of separation, all of which is "marital property". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property of the parties. COUNT II: ALIMONY PENDENTE LITE. ALIMONY 14. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 15. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself though appropriate employment. DIANE G, RADCLIFF ATTORNF.V.AT.t.AW '..8 'rRINIU.f. ROAn (:AMP 11I1.1., PA 17011 16. Defendant requires reasonable support to adequately maintain her in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT I II COUNSEL FEES. COSTS AND EXPENSES 17. paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 18. Defendant has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. The Defendant is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully Submitted, DIANE G. RADCLIFF ATTORNEY.AT-LAW '4.1 TRINIlLE ROAn CAMP 11I1.1., PA 17011 \ . ESQUIRE I dle Road \ Hi ,PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Defendant \ DIANE G. RADCLIFF ATTORNEV-AT-LAW "-UI TRINnl.F. ROAn CAMP JllLI.. PA nOli . , ,'.......~".\...'>l. \"'. . VERIFICATION , HELEN L. BOWMAN verifies that the statements made in this Answer and Counterclaim are true and correct. HELEN L. BOWMAN understands that false statements herein are made subject to the penaltiee of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .~~~"\. &'-'-"'''''-x./~ 1 CERTIrlCATB or SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, by depositing a copy of the same in the United States Mail, Shiremanstown, Pennsylvania, with first-class postage, prepaid, as follows: Thomas J. Williams, Esquire HARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 Dated: 7 (3l I ~(, F, ESQUIRE Ie Road C H', PA 17011 (717) 737 -0100 I.D. No. 32112 DIANE G. RAIlCLlFF ATTORNEV.AT.J.AW 54411 TRINIlI.F. ROAn (:.U....IIIU..I'AI7011 , I ~tJ q)eanltwI/7f1IIUMn& &- ~tto A rWfWIONAL COkl'OltATlON ATTORNEYS AND COUNSEllORS AT LAw TEN EAsT HIGH STRI!I!T CARLISLE, PENNSYLVANIA 17013 WILLIAM F, MARTSON DANtU K. DEARDORf' TftOMAS J, WILLIAM' lvo V, Onn, 111 SnrltEN L, BLOOM GEORGE B, FALUR,jR, WILLIAM 0, P""'ELL TftOMAS G, CoWN' August 13, 1996 VIA HAND DEI.IVERV Honorable George E, Hoffer Cumberland County Courthouse Carlisle, PA 17013 RE: Stephen L, Bowman v, Helen L, Bowman No. 96-378 - Cumberland County C,C,P. Our File No, 8454,1 Dear Judge Hoffer: Enclosed is a substituted proposed Divorce Decree, reserving all economic claims. Very truly yours, ~rb)~-!f~ TJW/tdw Enclosure cc: Diane G, Radcliffe, Esquire F;\FII.ESlDATAFlLE\CIENLTIU6\I.4S40llt2 TEWIlON[ (717) 243-334\ FACSIMllL (717) 243-18S0 Ir'TWllT mdwoliPmdwo,com J .... ~ ).. ir ~ '- :,.. -I' e: r.. I", r.-~ '!:: '1 '.,; ~,. L.... -, - : ) ~_t: ,L.., ~- loj .... ,0" :j C), " ,', ,- 6)1, 0 . ~ '.l J:J' . . <; fi!1' . C:~ ,,ojj ~ F, l";._ ..I~ ... 11. ,... ~.) 0 0' () j - !!~ ~~~ ci~~!E ~~! ~ Q c:3 : , . J'--..' ...~ ~.. DIANE C. RADCLIFF ATTORNEY-AT. tAW S"I TRINDLE ROArI CAMP 1111.1., fA 17011 " , . . . STEPHEN L. BOWMAN, PLAINTIFF v. HELEN L. BOWMAN, DEFENDANT . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96-378 CIVIL ACTION - LAW IN DIVORCE AND A. Background Information I 1. plan Participant: Name: Address: Date of Birth: SSN: 2. Alternate Payee: Name: Address: Date of Birth: SSN: , 1997, the Stephen L. Bowman PSC 120 Box 3118, APO, AE 00265 September 7, 1946 322-38-5333 Helen L. Bowman 508 Grant Drive Camp Hill, PA 17011 March 5, 1948 093-40-1705 3. Name of plan to which this Order applies: U.S. Army Retirement - Account No. 322038-5333 , . FiLED-OrFiCE C.. ......... I "'\"l"''''_''''''''~Y 'j- q' :' , ;jj';", I i I' I ! , 91~""IC L',\ 1'''0 _ f.rt, U I., . .i"" CUl',"i ,~..-,' '." .'..1"1 ~ l) Pi:Ni\SiLV/;J\li\ DIANE G. RADCLIFF ATTORNEY-AT-LAW !ua TRINDL[ ROAn (,..AMP IIII.L. PA 11011 . ' . I 4. Name and address of Plan Administrator or Trustee: Department of Defense Defense Finance and Accounting Service Cleveland Center (Code R.O.) P.O. Box 999191 Cleveland, OH 44199-1126 Attention: U.S. Army Retired Pay Department B: Operative provisions I 1. The Plan Administrator is directed to pay to the Alternate Payee an amount each month of Plan Participant's United States Army Retirement monthly benefits to be determined in accordance with the following formula: Alternate Payee's Share . Gross monthly benefit (inclusive of regular and VA benefits) x 50% The payment aforesaid shall be subject to withholding taxes as set forth in Paragraph 3 below. 2. Except as set forth herein, all rights in and to the retirement benefits. including the regular retirement not distributed to the Alternate Payee shall be distributed to the plan Participant, it being the intent of the Order that the Plan Participant shall receive all benefits remaining after the payment to the Alternate Payee of her distributive share. 3. The plan Participant and the Alternate Payee shall each be required to pay all taxes associated with the payment and receipt of his or her respective portion of the monthly gross benefit and shall be subject to all applicable withholding taxes. -.......: .-.......-.-.. DIANE G. RADCLIFF ATTORNEY-AT-LAW SUI TRINhLE ROAU CAMP lUll.. PA 11011 " < 4 . The Plan Participant shall immediately pay the Alternate Payee the amount of Eight Hundred Fifty ($850.00) Dollars as her share of the benefits for the month of December 1996 payable to him in January 1997. Thereafter the payments to the Alternate Payee. calculated in accordance with paragraph 5(1) above, shall commence as of January 1, 1997 but will be payable the following month and except as otherwise herein provided shall continue until the death of the plan participant. Pending commencement of direct payments by the plan Administrator to the Alternate Payee of her share of the benefits above defined, the Alternate Payee's share shall be paid directly by the plan participant to the Alternate payee in accordance with the formula set forth in paragraph 5.1 above. within five (5) days of his receipt of the monthly benefit check. 5. In the event the plan Administrator should fail or refuse to pay Wife the amount of benefits due her hereunder, then Husband shall pay Wife the difference between the amount that is due pursuant to the terms hereof minus the amounts paid by the plan Administrator, which, if permitted, shall be paid by way of an allotment, and, if not permitted, shall be paid directly by the plan Participant to the Alternate Payee. l\} DIANE G. RADCLIFF ATTORNEY.AT.LAW 5441 TRINDl.[ ROAn CAM' IIILI.. 'A 17011 6. This is a property distribution order made under the divorce and equitable distribution statutes of the Conunonwealth of Pennsylvania, and in accordance with the provisions of such statutes, the portion being distributed to the Alternate Payee has been determined to be her property. 7. Nothing herein contained shall in any way require the plan to provide any form, type or amount of benefit not otherwise available by law. 8. A true copy of this Order shall be served upon the plan Administrator and shall take effect inunediately and shall remain in effect until further order of court. This Court shall retain jurisdiction over this issue so as to carry forth the intent of this Order. J. . F" r-D-O~ACE ,L,.__ ,oJ C,....... . .. '-~'''' .....'...."'!'1"y j ,. , ..' , .' ,'':1 en f.PP. III !~;i 1[1: S8 L'.J...... ." ..,,'J FSi~:';';YL.JX~L"\ . l' DIANE G. RADCLIFF ATTORNEY.AT-LAW '-f41 TRINIlLE ROAn CAMP IIILL. PA 11011 " .. ,... !It STEPHEN L. BOWMAN, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-378 HELEN L. BOWMAN, CIVIL ACTION - LAW DEFENDANT IN DIVORCE STIPULATION FOR THE ENTRY OF "APPROVED DOMESTIC RELATIONS ORDER" rl. AND NOW, this 1'1 Yday of r...~ ~/A.~ ' BOWMAN. an the plaintiff. 1997, comes the Defendant, HELEN L. STEPHEN L. BOWMAN, who stipulate and agree to the following: A. Background Information: 1. Plan participant: Name: Address: Date of Birth: SSN: 2. Alternate Payee: Name: Address: Stephen L. Bowman PSC 120 Box 3118, APO. AE 00265 September 7, 1946 322-38-5333 Helen L. Bowman 508 Grant Drive Camp Hill, PA 17011 March 5, 1948 Date of Birth: SSN: 093-40-1705 3. Name of plan to which this Order applies: U.S. Army Retirement - Account No. 322038-5333 4. Name and address of plan Administrator or Trustee: ',' DepaItment of Defense Defense Finance and Accounting SeIvice Cleveland CenteI (Code R.O.) P.O. Box 999191 Cleveland, OH 44199-1126 Attention: U.S. AImy RetiIed Pay DepaItment 81 Operative provisions. 1. The plan AdministIatoI is diIected to pay to the AlteInate payee an amount each month of Plan paIticipant's United States AImy RetiIement monthly benefits to be deteImined in accoIdance with the following fOImula: AlteInate payee's ShaIe . GIOSS monthly benefit (inclusive of IegulaI and VA benefits) x 50% DIANE C. RADCLIFF ATTORNEY-AT.LAW 5HI TRINDLf. ROAI) CAMP 1111.1.. PA ITOII The payment afoIesaid shall be subject to withholding taxes as set fOIth in paIagIaph 3 below. 2. Except as set fOIth heIein, all Iights in and to the IetiIement benefits. including the IegulaI IetiIement not distIibuted to the AlteInate Payee shall be distIibuted to the Plan PaIticipant, it being the intent of the OIdeI that the plan paIticipant shall Ieceive all benefits Iemaining afteI the payment to the AlteInate Payee of heI distIibutive shaIe. 3. The Plan paIticipant and the AlteInate payee shall each be IequiIed to pay all taxes associated with the payment and Ieceipt of his OI heI Iespective pOItion of the monthly gIOSS benefit and shall be subject to all applicable withholding taxes. o ;>'~-'\.>"", 4. The Plan participant shall immediately pay the Alternate Payee the amount of Eight Hundred Fifty ($850.00) Dollars as her share of the benefits for the month of December 1996 payable to him in January 1997. Thereafter the payments to the Alternate payee, calculated in accordance with paragraph B(l) above, shall commence as of January 1, 1997 but shall be payable the following month and except as otherwise herein provided shall continue until the death of the plan participant. Pending commencement of direct payments by the Plan Administrator to the Alternate Payee of her share of the benefits above defined, the Alternate Payee's share shall be paid directly by the Plan participant to the Alternate payee in accordance with the formula set for th in paragraph B.1 above, within five (5) days of his receipt of the monthly benefit check. 5. In the event the plan Administrator should fail or refuse to pay Wife the amount of benefits due her hereunder, then Husband shall pay Wife the difference between the amount that is due pursuant to the terms hereof minus the amounts paid by the plan Administrator, which, if permitted, shall be paid by way of an allotment, and, if not permitted, shall be paid directly by the Plan Participant to the Alternate Payee. DIANE G. RADCLIFF ATTORNEY-AT-LAW 'us TRINDLE ROAD CAMP IIILI.. PA nOli 6. This is a property distribution order made under the divorce and equitable distribution statutes of the Commonwealth of Pennsylvania, and in accordance with the , provisions of such statutes, the portion being distributed to the Alternate Payee has been determined to be her property. 7. Nothing herein contained shall in any way require the Plan to provide any form, type or amount of benefit not otherwise available by law. 8. The parties authorize the court to enter an Order incorporating the terms of this Stipulation. Upon said entry a true copy of that Order shall be served upon the plan Administrator and shall take effect immediately and shall remain in effect until fur ther order of cour t. The Cour t shall retain jurisdiction over this issue so as to carry forth the intent of that Order. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above written. WITNESS: ~~ ?id--jf'€M7'7 ST P N L. 0 ( \\"'\)Q>-"~ ~~ ~~'-l'Z..~ \Cj'l'\ HELEN L. BOWMAN ' DIANE G. RADCLIFF ATTORNEY-,n-LAW ,... TRINDLE ROAn CAMP nll.L. PA nOli -' DIANE G. RADCLIFF ATTORNEY.AT-LAW ,...11 TRINOLE ROAD CAMP IIILL, PA nOli .' ..',..". . " :.. , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the C1I!::day of_ j,..-u. ~' 1991., before me the undersigned officer, personally a peared. HELEN L. BOWMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. . '"---.. STATE OF \j; (:5; (\; k COUNTY OF A ( I ( V\.~ ~ C.~1 "--.... t~ _ NO RY'PUBLIC ~. G.....~ - : .- Nt"lI,1fi(\15ea\ -~.. -- Di:mp G H"dr,)ih NotAry Public : ~ ",";" Hil: HMO CilfT\bf:lllrfnd co~nO~o SS tJ l". ",e Jan 11 ... . : J.~\, Cnmnlll;!IO'" r:1'1)1 .- . : Mtmb~l. Pellllsy!\'3rua A!.~.OChl.t1on 01 No\aocS , ,. I ! I ; '-' \, 1'6v..... ,/ On this the I/.. day of :.). 'lLLlL. . 19917, before me the undersigned officer. personally ap ared, STEPHEN L. BOWMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~1N~~~~L(~\ r~ COMMISSION EXPIRES NOYa.ilER 50, 2000 ., . .......:1>,. ;i-..;, '"' .. . . . . .. .- ,,!"'" '\ . r- :o.~ I " " , , ,~ , ' . '- - JAN 2 i :'.1 I, i!'" .. ~ :... c:: . i-":: 9 . :~.s c> ~( ::r: ,,;~ ~~I, ..,; - .... . i ;~~ 1'. C::. li~ ~L'. I' '. C": ;"':'"0 li;f... II. ~2a. F- e.: Il. I'- ':3 0 U\ U ~j]~ ~ ~~~ t:i ~~~ ~~i G" ~ t:l . " . " ", ~~ DIANE G. RADCLIFF ATTORNEY.AT.LAW '4i' TRINDI.f. ROAD (,.AMP 11I1.1., PA nOli '. STEPHEN L. BOWMAN, PLAINTIFF v. HELEN L. BOWMAN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96-378 CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~day of ~, , I following is HEREBY ORDERED AND DECREED: A. Background Information I 1. plan participant: Name: Address: Date of Birth: SSN: 2. Alternate payee: Name: Address: Date of Birth: SSN: , 1996, the Stephen L. Bowman PSC 120 Box 3118, APO, AE 00265 September 7, 1946 322-38-5333 Helen L. Bowman 508 Grant Drive camp Hill, PA 17011 March 5, 1948 093-40-1705 3. Name of Plan to which this Order applies: Fidelity Destiny plan II IRA Account Number 7049044279-0 -'-'- F:1.'=D-OFFiCE O!= 1', I': l';:"'1' "';T\f1Y 1)7 ~.cR Iii ?!i~: 13 cu:~;:' '''T ~,\..-. J.'; I PEr,li\~~'I'i.:Ji\!-~~:\ _ ',~, ;<;,;,-.~:" ::~"'l..,,",;;"""~.... _.."."'~ --~ I., ..- :--. . i .. . . ' 4. Name and address of Plan Administrator or Trustee: State Street Bank and Trust Company c/o Boston Financial Data Services, Inc. P.O. Box 8300 Boston, MA 02266-8300 BI Operative Provisionsl 1. The plan Administrator is directed to pay to the Alternate Payee one hundred (100%) percent of the Plan participant's interest in the Fidelity Destiny plan II IRA Account 7049044279-0. 2. The payment of the aforesaid share of the Alternate payee's interest in the plan shall be made to her by way of a direct transfer from the plan into a qualified IRA account to be established by the Alternate Payee. when the plan Administrator is ready to make ~he transfer, it shall contact the Alternate payee so as to obtain appropriate information for purposes of making the transfer aforesaid. It is the intent of the parties and this Order that the transfer of the monies from the plan participant's IRA account into the Al ternate payee's IRA account shall effectuate a tax free roll-over of retirement benefits. 3. If the Alternate payee dies after the issuance of this Order but prior to distribution, the Plan Administrator shall make the distribution to the Alternate Payee's Estate. 4 . This is a property distribution order made under the and equitable distribution statutes of the mANE G. RADCLIFF ATTORNEY.AT.LAW S4tl TRINOLr. ROAn CAM'IIILI.. PA nOli divorce Commonwealth of pennsylvania, and in accordance with the provisions of such statutes, the portion being distributed to the Alternate payee has been determined to be her property. 5. A true copy of this Order shall be served upon the Plan Administrator and shall take affect immediately and shall remain in effect until further Order of Court. The Cour t shall retain jurisdiction over any issue pertaining to this Qualified Domestic Relations Order so as to carry forth the intent of this Order. BY THE COURT: J. DIANE G. RADCLIFF ATTORNEY.AT.LAW S"'I TRINDLE ROAD CAMP 1111.1., PA 17011 DIANE G. RADCLIFF ATIORNEY.i\T-LAW SU8 TRINnLE ROAn CAMP IIII.L. PA nOli STEPHEN L. BOWMAN, PLAI~IFF v. HELEN L. BOWMAN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96-378 CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR THE ENTRY OF "OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ay of ~...e....-.h... : , , 1996, comes the Defendant, HELEN L. BOWMAN, and the Plaintiff, STEPHEN L. BOWMAN, who stipulate and agree as follows: A. Background Information: 1. Plan Participant: Name: Address: Date of Birth: SSN: 2. Alternate Payee: Name: Address: Date of Birth: SSN: , , r Stephen L. Bowman PSC 120 Box 3118, APO, AE 00265 September 7, 1946 322-38-5333 Helen L. Bowman 508 Grant Drive Camp Hill, PA 17011 March 5. 1948 093-40-1705 3. Name of Plan to which this Order applies: Fidelity Destiny Plan II IRA Account Number 7049044279-0 l DIANE C. RADCLIFF ATIORNEY-AT_LAW Ufia TRINDLI ROAn CAMP lULL. PA 17011 . . .. . . 4. Name and address of Plan Administrator or Trustee: State Street Bank and Trust Company c/o Boston Financial Data Services, Inc. P.O. Box 8300 Boston, MA 02266-8300 BI Operative Provisions I 1. The Plan Administrator is directed to pay to the Alternate Payee one hundred (100%) percent of the Plan Participant I s interest in the Fidelity Destiny Plan II IRA Account 7049044279-0. 2. The payment of the aforesaid share of the Alternate payee's interest in the Plan shall be made to her by way of a direct transfer from the Plan into a qualified IRA account to be established by the Alternate Payee. When the Plan Administrator is ready to make the transfer, it shall contact the Alternate payee so as to obtain appropriate information for purposes of making the transfer aforesaid. It is the intent of the parties and this Order that the transfer of the monies from the Plan Par ticipant I s IRA account into the Alternate Payee's IRA account shall effectuate a tax free roll-over of retirement benefits. 3. If the Alternate Payee dies after the issuance of this Order but prior to distribution, the Plan Administrator shall make the distribution to the Alternate Payee's Estate. >-',.....<~"....~ . . . . .. . . ..i.!.,:. CI 4. This is a proper ty distribution order made under the divorce and equitable distribution statutes of the Commonwealth of pennsylvania, and in accordance with the provisions of such statutes, the portion being distributed to the Alternate Payee has been determined to be her property. 5. A true copy of this Order shall be served upon the Plan Administrator and shall take affect immediately and shall remain in effect until further Order of Court. The Cour t shall retain jurisdiction over any issue pertaining to this Qualified Domestic Relations Order so as to carry forth the intent of that Order. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITN}SS: f~)Wh~ . DIANE G. RADCLIFF ATTORNEY-AT-LAW 5.UI TRINOLE ROAD CAMP 11I1.1.. PA nOli At: 1. :;(~ (SEAL) ~ BOWMAN ~ ~ ~,..~~(SEAL) HELEN L. BOWMAN < .. .< ,'. . , . . " RECEIVED n[(;[\VED SEP 26 1996 IWV 1 ~j 1996 MDWO 1',;",\10 . I..," V v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96-378 CIVIL ACTION . LAW IN DIVORCE STEPHEN L. BOWMAN, PLAINTIFF HELEN L. BOWMAN, DEFENDANT PRAECIPE To the Prothonotary: Please file the attached Marriage Settlement Agreement of record. Respectfully submitted, DIANE G. RADCLIFF ATTORNEY-AT.LAW 5-U8 TIUNOLE ROAD CAMP 1111.1.. PA 17011 t c f-f,V T'0d/ oJ.- , (0 tJ/6 (;I:y r (.s./ C (,/ r; .; /r) . ...".- - --- <II') ;0- ft", .:1 j"_. tj .' UJ~_. : ~ '. <'.2' . .".' (I.: ,- " I... ::.J c;: , '- '~ ) C .' ,. l~ ; .~ G: r ~ :'iJ :1.:1- .. '. -" OJ , . r- (~ 0' U lANE G. RADCLIFF \TIORNEY.AT.LAW SU' TRINDL[ ROAD CAMP lULL. PA 17011 ., MARRIAGB SETTLEMENT AGREEMENT THIS AGREEMENT made thie 11/1!:.. day of 'F~ "."., ' 1997, by and between HBLBN L. BOHMAN ("WIFE") of 508 Grant Drive, Camp Hill, PA 17011 and STEPHEN L. BOHMAN ("HUSBAND") of PSC 120, Box 3118, APO AE 09265 KIT N E SSE T H : WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on June 5, 1968 in West Point, New York. There were three children born of this marriage: Scott T. Bowman, born December 1, 1970; Megan C. Bowman, born June 18, 1975; and Lee R. Bowman, born August 23, 1976. WHEREAS, diverse and un~appy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal 1 o , , , '. . . . . . ... ., , I . t, 't . f, '., . , ' property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE and HUSBAND or of.HUSBAND by WIFE; and in general, the settling of any and all claims and possible cla~ms by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowlodged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. DIVORCE. The parties acknowledge that they were previously divorced on August 15, 1996 by the entry of a Bifurcated Divorce Decree in HUSBAND'S Cumberland County divorce action docketed to number 96-378, which decree reserved jurisdiction over all economic claims. ANE C. RADCLIFF rrORNEY.AT-LAW '''I TklNDLE ROAD :4M, lULL. PA 17011 2 -,' , . '. t. .. '.' r,' " . 't '. . " 'I I II '" 3. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically set forth herein, thie Agreement shall co~tinue in full force and effect after such time as it may be incorporated into the aforementioned Decree in Divorce. ". AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into the aforesaid Divorce Decree which heretofore has been entered between the parties on August 15, 1996. 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and eac:h party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 6. DATE OF EXECUTION. 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. 7. DISTRIBUTION DATE. lANE G. RADCLIFF ,TrORNEY-AT.LAW 54..1 TRINDLE ROAD CAMP IIlLL, PA 17011 The transfer of property, funds and/or documents provided for herein shall only take place on the 3 r; '" w_..... 1 ~1 , , " ,\ '. ' , .. ',' . , ," " , I, '" " II "distribution date" which shall be defined as the date of execution of this Agreement unless otherNise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE, for WIFE, and THOMAS J. WILLIAMS, ESQUIRE, for HUSBAND. The parties acknowledge that they have received independent legal advice from counsel of their selection and 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 circumstances, 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. 9. 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. ANE G. RADCLIFF ITORNEY-AT.LAW H4' TRINDU ROAD :AMP HILL, PA 17'11 4 :ANE G. RADCLIFF TIORNEY.AT.LAW "'1 TAlNDU ROAD CAMP HILL, PA 17011 <..~ .. I. : ~ , , I ... . I . ~ , '. " " '. I " '" 10. DISCLOSURE AND WAIVE OP PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a compl~te 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, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be difference from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best,interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. hereby waive the following procedural rights: a. The right to obtain an inventory and Both parties appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. 5 , ' . . ,', , , . I. " " '" . ' , , II, I I b. The right to obtain an income and expense etatement of the other party as provided by the Penneylvania Divorce Code. c. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. d. The right to have the court decide any other rights, remedies, priVileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, house-hold equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter 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 lANE G. RADCUFF \TTORNEY.AT-U,W ml TIUNDLI: ROAD CAMP HILL. PA 17011 and separate property of WIFE. The parties do hereby 6 . " , 'o' , . . 'I . I, . , . . ' . . '. . . ' specifically waive, release, renounce ~nd forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become, the sole and separate property of the other. 12. AFTER-ACOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since June 4, 1994, the date of their marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, they agree as follows: (a) 1995 Honda Civic and the 1988 Chrysler Caravan shall be the sole and exclusive property of WIFE. (b) 1986 Mazda RX? shall be the sole and exclusive property of HUSBAND. lANE C. RADCLIFF .TTORNEY.AT.LAW .... T1UNDLE ROAD CAMP IIILL, PA 17011 7 'IANE G. RADCLIFF ,nORNEY-AT.LAW U<I TRINDU ROAD CAMP 1IIu.. PA 17011 , . ',. ',' ',' , ',. , ' '. The titles or leases to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer ae herein provided on the date of exec~tion of this Agreement and said executed titles or leaeee shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" or "lease" ahall be deemed to include .power of attorney. if the title or lease to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving eaid vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 14. DIVISION OF REAL ESTATB. WIFE shall make, execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all of her right, title and interest in and to the real estate situate and known as 1358 Rorick Drive, Boiling 8 :ANE C. RADCLIFF TTORNEY-AT.LAW ,...11 TRINDLE ROAD CAMP lULL. PA 17011 .. , , , . Springs, Pennsylvania, and agrees that she specifically waives, releases, renounces and forever abandons all her right, title and interest therein. The said conveyance shall be subject to all liens and encumbrances of record, including the lien of the existing mortgage and shall be under and subject to any covenant and restrictions of record. HUSBAND shall hereinafter be solely responsible for the payment of the said mortgage and shall indemnify, protect and save WIFE harmless therefrom. The parties acknowledge that WIFE has vacated the real estate. The parties agree that HUSBAND accepts the real estate in "as is" condition that WIFE shall be under no obligation to correct any deficiencies or problems with said real estate or its condition. By the execution of this Agreement, WIFE represents that she knows of no unpaid taxes 0;; encumbrances against the property other than the GE Capital Mortgage having an approximate balance of $180,000.00 and that she knows of no material defect that,affects the integrity, safety, and/or habitability of the dwelling. 15. EACH PARTY RETAINS OWN PENSION PLANS. Except as provided for in Paragraph 16, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement plan, 9 . Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate p~operty of the party in which name or through whose employment said plan is carIied. 16. DIVISION OF MILITARY RETIRED BENEFITS. The parties acknowledge that HUSBAND is entitled to receipt of certain military retirement benefits as the result of his service in the United States Army, which benefits are estimated will be an initial gross amount of $4,310.26 per month. With respect to HUSBAND'S military retirement benefits the parties agree as follows: a. HUSBAND shall be entitled to receive as his sole and sepal;'ate property 50% of the gross monthly amount of the retirement benefits. b. WIFE shall be entitled to receive as her sole and separate property 50% of the gross monthly amount of the retirement benefits. WIFE'S aforesaid 50% lANE G. RADCLIFF \1TORNEY.AT.LAW 5441 TR1NDLE ROAD CAMP IlILL. PA 170n share shall commence with the monthly benefit for the month of January 1997, payable in February 1997 and shall continue monthly thereafter until the death of the Plan Participant, except or unless other provided herein. Additionally, upon the execution of this Agreement HUSBAND shall pay 10 -- . . . WIFE the sum of Eight Hundred Fifty ($850.00) Dollars as her share of the retirement benefits for the month of December 1996 payable in January 1997. c. For the purposes of the foregoing the term "gross monthly benefit" shall include all benefits payable to HUSBAND as the result of his service in the United States Army including, but not llmited to, any portion thereof which has been or may hereafter be classified as VA disability payments. d. Each party shall be solely responsible for the payment of any and all taxes associated with the receipt of his or her respective share of the military retired benefits. e. WIFE'S share of the military retired benefits shall be paid to her directly by the DFAS pursuant to an Approved Domestic Relations Order to be entered in HUSBAND'S aforesaid divorce action. JIANE G. RADCLIFF ATIORNEY.AT.LAW '441 TRINDLr. ROAD CAMP IIILL. PA 170n Until such time DFAS shall commence the direct payment to WIFE, HUSBAND shall make the payment to WIFE of her share within 5 days of his receipt of the monthly benefit check. Further, in the event the DFAS should fail or refuse to pay WIFE the amount of the benefits due WIFE hereunder then HUSBAND shall pay WIFE the difference between the 11 . - . : I , , I . , t , . " . amount that is due WIFE pursuant to the terms of this Paragraph and the amount actually paid by DFAS, which if permitted shall be paid through an allotment and if not permit~ed directly by HUSBAND to WIFE. 17. DIVISION OF IRA ACCOUNT. The parties acknowledge that HUSBAND is the owner of a Fidelity Destiny Plan II IRA account. 117049044279-0. The parties agree that said account shall be transferred to WIFE as her sole and separate property pursuant and under a Qualified Domestic Relations Order to be entered in HUSBAND'S aforesaid divorce action so as to effectuate a tax free rollover of the balance in said account from HUSBAND to WIFE. 18. DIVISION OF INVESTMENT ACCOUNTS. lANE G. RADCLIFF .1TORNEY.AT.LAW SUI TIl1NDLE ROAD CAMP HILL. PA 170n The parties acknowledge that they are the joint owners of a Fidelity Destiny Plan I Investment account No. 7029117553-R having an approximate balance of $16,000.00. With respect to said account the parties agree that they shall divide the balance remaining therein as follows: a. Disbursement to HUSBAND as his sole and separate property of the amount of $5,000.00. b. Disbursement to WIFE as her sole and separate property of the amount of $5,000.00. c. The remaining balance or $6,000.00 shall be utilized by the parties to fund the college 12 . . - ,-.. ., --' . . It'. " , " educational expenses of their children. The said remaining balance shall be transferred into an account to be held in WIFE:S sole name subject to the conditions that it be used solely for said educational purposes. WIFE shall provide HUSBAND with an accounting thereof as said educational expenses are paid on a semester basis, until the remaining balance is depleted. In the event any balance remains in said account after fully funding said educational expenses said remaining balance shall be divided equally between the parties. 19. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. Except as otherwise provided for in Paragraph 17 and 18 the parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank 'IANE G, RADCLIFF ATIORNEY.AT.LAW 14U TRINDLE ROAD CAMP HILL. PA 17011 accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, 13 . . 'IANE G, RADCLIFF ATIORNEY.AT.LAW Sf.. TRINDLE ROAD CAMP IfiLL. PA nOli " ',' I . . I.. " , . . shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon wha~ever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. WIFE shall provide HUSBAND with his Nacolah Life Insurance Company policy number 6228381619 at or before the execution of this Agreement. 20. DIVISION OF TIME SHARE UNITS. The parties acknowledge that they are joint owners of a one week time share unit in North Carolina and a one week time shar~ unit jn Colorado. With respect to said time share unit the parties agree that WIFE shall make, execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all of her rights, title and interest in and to the aforesaid time share units and 14 agree that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. As of the date hereof, WIFE represents that she knows of no unpaid taxes or encumbrances against said time " .....^.......'~." lANE C, RADCLIFF .1TORNEY.AT.LAW "'I TRINDLE ROAD CAMP IlILL. PA l10n I I I I:, I I, , , share units. HUSBAND shall indemnify, protect, and hold WIFE harmless from and against any taxes, encumbrances or other obligations against the time share ~nits that accrue on or after the date hereof, or pertaining to which he had kno~ledge of at or before the execution hereof. 21. BOOKS. The parties agree that any books that have been written, either fully or partially, and/or researched by HUSBAND prior to the date of this Agreement or at any time thereafter shall be the sole and separate of HUSBAND and WIFE hereby specifically waives, releases, renounces and forever abandons any rights, title and interest that she may have therein. 22. LIFE INSURANCE. HUSBAND agrees during his life time he shall maintain a life insurance policy on his life having a death benefit of no less than $150,000.00 and that he shall irrevocably name WIFE as death beneficiary thereof. HUSBAND shall provide WIFE with proof of said insurance and beneficiary designation upon her reasonable request. 23. MILITARY SPONSORED MOVE. The parties acknowledge that there is available through the military a "do it yourself" move that the Army will fund which must be utilized between September 11, 1996 and September 29, 1996. The parties agree that WIFE shall have 15 .~.....--",. . . . ,'. . I' '. I, the sole right to take advantage of said move and that the HUSBAND will take care of the necessary paperwork therefore. 24. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, rel~ase, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 25. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. lANE G. RADCLIFF \1TORNEY.AT.LAW Sftl TaJHDU ROAD CAMP IlILL. PA 170n 16 lANE G, RADCLIFF 11TORNEY.AT.LAW SUI TRINDLE ROAD CAMP IlILL. PA 170n . . ,.'.' I . I . I , '" .,' , , , 't .. 26. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred , any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 27. 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 terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 17 - lANE G, RADCLIFF \1TORNEY,AT.LAW 1ft. TRINDLE IlOAD CAM' lULL. 'A nOli , . . ..... or, , I I '. " " I, 28. SOCIAL SECURITY BENEPITS. The pal;'ties agree that subject to the rules and regulations of the Social Security ~dministration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 29. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state 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 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. 30. FINAL EOUITABLB DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an 18 'lANE C. RADCLIFF ~1TORNEY.AT.LAW SUI TR1NDU ROAD CAMP IIILL. PA .70n t.~ , , . " . . . ;'. I ':. . . " action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 31. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. MAINTENANCE AND COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 32. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from ,any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of 19 , ,-- ~~. ,-'-',. ," .\NE G, RADCLIFF ITORNEY.AT.LAW UI TRINDU ROAD AMP IIILL. PA 170n '.-, .. . . ",. . . I :'. I .~ , , each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 33. MUTUAL RELEASES. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of any from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights , family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, 20 lANE G, RADCLIFF ,TIORNEY.AT.LAW ',141 TAINDLE R.OAD CAMP HILL. PA ITon , . . . o'.'. '. ," , .. or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pende~te lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 34. 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 of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar natul;'e. 21 " ,:4; .~> _.....-- IIANE G, RADCLIFF ATIORNEY.AT.LAW s.... TRINDU ROAD CAMP HILL. PA 17011 " . ~...)~.."'~. '.. I I . .' I .. " " 35. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps a~d execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 36. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 37. 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. 38. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so 22 lANE G, RADCLIFF ,1TORNEY.AT.LAW SUI TRINIJLl ROAo CAMP 1lII.L, PA lion . ~ .......J , : ' " . I . ,'I . ':. , ", executed in order to carry out fully and effectively the terms of this Agreement. 311. NO WAIWR OP DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failul;'e of either party to insist upon strict performance of any of the provisions of this Agreement shull in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the Dame or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 60. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in , a windfall of the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's' 23 ANE C, RADCLIFF rrORNEY.AT.LAW "'I TRlNDLE ROAD :AMP JULL. PA 17011 " < , . ~'--......> ~ " I I . .:. . .;. .\ ", fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages ~rising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce COde, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the aUlendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: (1) the entry of jUdgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the award of interest on any unpaid installment; (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; 24 ANt: G, RADCLIFF 170RNEY.AT.LAW un TIUNPLE ROAD :AMP 1111,1., PA 17011 ". ,,' .. .; '. r. ", (5) the posting of security to insure future paymonts to assure compliance with the obligations undertaken by this Agreement; (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt ond the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. (7) the award of counsel fees and costs. (8) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 61. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 42. 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. 25 .. '. I. I' . .;. .. .: 10 >I. '. (5) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. (7) the award of counsel fees and costs. (8) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 41. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 42. 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. lANE G. RADCLIFF \1TORNEY.AT.LAW SUI TR1NDU ROAD CAMP lULL. PA 17011 25 DIANE G, RADCLIFF ATIORNEY.AT-LAW SUI TRINDLE ROAD CAMP IIIL!.. PA 17011 ~" . " , BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS HBEREOF, the parties hereto have set their hands and seals the day and year first 6bove written. WITNESS: . (SEAL) 26 IIANE G. RADCLIFF ATIORNEY.AT.LAW '4011 TIUNDlE ROAD CAMP lULL. PA 17011 , . . " , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the ~day of r"\ , 19!11/, befoIe me the undeIsign~ficeI, peIsona y a eaIed, HELEN L. BOWMAN, known to me (OI satisfactoIily p oven) to be the peIson whose name is subscIibed to the within AgIeement and acknowledged that she executed the same fOI the pUIposes theIein contained. IN WITNESS WHEREOF, I heIeunto set my hand and notaIial .,,1. ~_kLQ Q ~ I NO!ARY~C \ , . STATE OF \j i (1 $\ I CL COUNTY OF,Lj1' Ii r$-+oV\ On this the IL/-t<-.-day of , 19917. befoIe me the undeIsigned officeI, peIsonally ap' eaIed, STEPHEN L. BOWMAN, known to me (OI satisfactoIily Ioven) to be the peIson whose name is subscIibed to the within AgIeement and a:-kno'1ledged ,that he executed the same fOI t~'E! r'u:--poses :~:~'I-e1n cc~ta1ned. Nnt:tri:t' ~e31 Diane G I1t, . I';' "J.,tarv Public CltrTlp Hill BOl(' C'r"l)l.!fland CO~J'!~Y' 55. M... Cn'nml\!,I/"Jl'" F1rl.tr.r. Jan 11 .... ':. J Member. Penlls,lv3flli Ass,,~i..tlon 01 ~t.t,,',,":) IN WITNESS WHEREOF, I have heIeunto set my hand and notaIial seal. 7JB4~B~ tIlY COMMISSION EXPIRES MOVEMBE;R 30. 2000 ". C') j.. -' . .' ll11 , . , ( " t: . ~, " " ( .- ,. 2 , r . , . 0' .J " >&. .,~..-.