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HomeMy WebLinkAbout02-4553JOYCE C. BOWERS, Plaintiff ROBERT E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW 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 annuhnent may be entered against you by the Court. A judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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, Pennsylvania 17013 (717) 249-3166 JOYCE C. BOWERS, Plaintiff ROBERT E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW 1N DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Joyce C. Bowers, an adult individual residing at 309 N. Frederick Street, Mechanicsburg, Pennsylvania, 17055. 2. Defendant is Robert E. Bowers, an adult individual residing at 7 Big Horn Avenue, Mechanicsburg, Pennsylvania, 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiffand Defendant were married on November 3, 1963 in Dauphin County, Pennsylvania. 5. There are no minor children. 6. The parties separated in November of 1995. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor 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. 9. Plaintiffhas been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNTI-DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of PlaintifFs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiffrequests entry of a divorce decree in her favor in accordance with' 3301(c) and (d) of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs I through 11 of Plaintiff's Complaint are incorporated herein by reference thereto. 2 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Joyce C. Bowers, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just and reasonable. r~ Dated: 7//~/~//~2 ~inS~i[l~van, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 JOYCE C. BOWERS, Plaintiff ROBERT E. BOWERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : 1N DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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. Dated: Q//~/D~ Joyce~.Bo~vers JOYCE C. BOWERS, Plaintiff ROBERT E. BOWERS, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Joyce C. Bowers, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: Q///~/zg~ Joyc,~.. Bo/wers JOYCE C. BOWERS, Plaintiff Vo ROBERT E. BOWERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4553 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 4261, Return Receipt Requested, on the above-named Defendant, Robert E. Bowers, on September 28, 2002 at Defendant's last known address: 7 Big Horn Avenue, Mechanicsburg, Pennsylvania 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsification to authorities. Dated: October 2, 2002 Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff EXHIBIT "A" Certified Fee Postage ' $ 12.30 Return Receipt Fee ~.15 ~/26/2002 Total Postage & Fees t.J~.ipieqt's Name (Please ,~fint Clea~y~to be completed by mailer) ............................. ...................... · Complete items 1, 2, and 3. Also complete Ilem 4 if Restricted Delivery ia desired. · Print your name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: If YES, B. Date of D(dlvel'y n a,ll.m ~. ROB~2~T E. BOW~ 7 BIG HC~N AV~Z~UE i~ANICSBURG, PA 17055 RESTRICTED DELIVERY 2. Article Number (Copy from .~erv/ce labe/) 7o~n ~o~ nn~ ~ 4261 PS Form 3811, July 1999 3. Se~'ice Type i~ M~I [] Insured Il [] [] Return Receipt [] C.O.D. Domestic ReturnReceipt 1025~5-00-M-0952 JOYCE C. BOWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 02 - 4553 CIVIL : ROBERT E. BOWERS, : Defendant : IN DIVORCE ORDER OF COURT AND NOW, this // /~.~ day of 2004, the parties and counsel having entered into an a~reement and stipulation resolving the economic issues on February 11, 2004, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude of a praecipe to transmit the record with the affidavits consent of the parties so that a final decree in divorce entered. the proceedings by the filing of can be BY THE COURT, cc: Barbara Sumple-Sullivan Attorney for Plaintiff Joanne Harrison Clough Attorney for Defendant JOYCE C. BOWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 02 - 4553 CIVIL ROBERT E. BOWERS, : Defendant : IN DIVORCE THE MASTER: Today is Wednesday, February 11, 2004. This is the date set for a conference with the attorneys; however, they have brought along their clients and we have in the hearing room the Plaintiff, Joyce C. Bowers, and her counsel Barbara Sumple-Sullivan and the Robert E. Bowers, and his counsel Joanne Harrison Defendant, Clough. The action was commenced by the filing of a complaint in divorce on September 20, 2002, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, the Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties and dated today. The affidavits and waivers will be filed with the Prothonotary's office by the Master's office and the divorce can then proceed under Section 3301(c) of the Domestic Relations Code. The complaint also raised the economic claim of equitable distribution. No claims have been raised for alimony or counsel fees and expenses by either party. The Master has been advised that the parties have reached an agreement with respect to the economic issue of equitable distribution. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later this morning to review the draft of the agreement, make any corrections of typographical errors as required and then affix their signatures affirming the terms of settlement as stated on the record. The parties were married on November 3, 1963, and separated November 1995. The parties have one daughter who is emancipated. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Clough. MS. CLOUGH: 1. Husband and wife both acknowledge in this agreement that they have received independent legal counsel by the counsel of his or her own choosing and have had the opportunity to have legal effect of the settlement agreement that they are entering into today fully explained to them by each party's respective counsel. 2 2. The parties both acknowledge that the agreement that they enter into today shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this agreement shall be incorporated into any divorce decree which may be entered with respect to them and specifically referenced in the divorce decree. The agreement shall not merge with the divorce decree but shall continue to have independent contractual significance. 3. Except for any cause of action in the divorce or for the obligations created by the agreement, which either party may have or claim to have, each party gives to the other at the execution of this agreement an absolute and unconditional release from all claims whatsoever in law or in equity which either party now has against the other. 4. Both parties specifically acknowledge that they have had full, fair, financial, and procedural disclosure to them during this divorce action. 5. The parties acknowledge that they are currently joint owners of a marital residence located at 7 Big Horn Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. Husband and wife specifically agree that in consideration of husband refinancing the current mortgage on the marital residence to remove wife as an obligor on said mortgage and in consideration of husband tendering to wife a cash payment of $35,000.00 from said refinancing settlement proceeds and other promises contained in this agreement, wife shall transfer to husband any and all right, title, claim, or interest she has in the marital property to husband and it shall be his sole and exclusive property. Husband acknowledges that he has been approved for refinancing the mortgage with Broadview Mortgage and that a refinancing settlement has been scheduled for February 12, 2004. Wife agrees to cooperate with the refinancing and to appear at Purity Abstract on or before February 12 and sign a deed transferring her ownership interest in the property. Husband further agrees to execute a note and second mortgage in favor of wife within five days of wife's counsel providing said documents to husband's counsel in an amount of $25,000.00 at a 7% interest rate on a 15-year pay out schedule as forth in the admortization schedule that shall be attached to this agreement. Husband shall pay to wife monthly mortgage payments on said second mortgage in the amount of $224.71 as set forth on that schedule. Wife shall pay the recording costs associated with recording the second mortgage. 6. The parties acknowledge that husband and wife each have certain retirement benefits, portions of which were acquired during the marriage. Husband is currently in pay out status of a retirement with the State Employee Retirement System. At the time husband retired he elected 50% survivor option on that retirement. It is the specific intention of the parties for husband and wife to cooperate in signing a QDRO prepared by wife's counsel and any subsequent drafts or corrected versions of that document to secure wife's 50% survivor option of husband's retirement benefits. A copy of the prepared QDRO attached to this agreement will be signed simultaneously with this agreement. 7. The parties further acknowledge that wife had a Blue Shield pension and a Highmark 401(k). The parties each agree that husband is waiving any right, title, claim and interest he may have whatsoever to wife's Blue Shield pension and Highmark 401(k). Wife is also waiving any right she may have to any retroactive retirement benefits husband has received from his SERS pension since the parties' separation and she is waiving any other claim to that retirement benefit with the exception of the 50% spousal survivor option which shall be protected by the QDRO. 8. The parties specifically acknowledge that husband has a life insurance policy with Principal Group Financial Life Insurance and this shall remain husband's sole and separate property. Wife waives any claim to that asset. 9. The parties further agree that husband and wife are expressly waiving any right or claim they have or may have had to alimony, alimony pendente lite, or spousal support. 10. The parties further specifically acknowledge that they have divided any marital bank accounts to their satisfaction and that any bank or financial accounts held solely in an individual name shall become the sole and separate property of the party of whose name it is registered. Each party hereby waives and releases their right or claim to the other parties' respective accounts. The parties further acknowledge that they have already divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party from and after the date of this agreement shall be the sole and separate owner of all tangible personal property in his or her possession. 11. The parties further acknowledge that if either party breaches any provision of this agreement and the other party retains counsel to assist in enforcing the terms of the agreement, the breaching party shall pay all reasonable attorneys' fees, court costs and expenses which are incurred by the other non-breaching party in enforcing the agreement whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all reasonable costs and expenses incurred by the non-breaching party in protecting and enforcing their rights under this agreement. 12. Both husband and wife specifically agree to cooperate with each other and respective counsel in order to carry out any terms of this agreement including but not limited to the signing of any additional documents that may be necessary to give full force and effect to this agreement. The parties further agree that this agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 13. The parties further agree that with the exception of the mortgage and note and other documents we have referenced in this agreement, this agreement contains the entire understanding of the parties and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 14. The parties further acknowledge that there are no joint marital debts with the exception of the mortgage on the marital residence which will be refinanced at the refinancing referenced in this agreement. Any debt currently in husband's name shall be the sole and exclusive responsibility of husband and any debt currently in wife's name shall be her sole and exclusive responsibility. 15. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. SUM?LE-SULLIVAN: Joyce, you've been in the hearing room this morning when Ms. Clough dictated the agreement between the parties. Is that the agreement that you were aware of and which you are voluntarily and freely entering into in full resolution of all claims arising from your marriage to Mr. Bowers? MS. MS. the terms and conditions BOWERS: Yes. SUM?LE-SULLIVAN: And do you understand all that she raised here today? MS. BOWERS: Yes. MS. CLOUGH: Mr. Bowers, the room while we read the marital have you been present in settlement agreement in to the record before the Divorce Master this morning? MR. BOWERS: Yes. MS. CLOUGH: Is that the agreement that you and I have discussed and we have been negotiating with counsel and your wife for the past opposing several months? MR. BOWERS: Yes. MS. CLOUGH: Do you agree to all conditions that we just stated on the record as far as settlement? MR. BOWERS: MS. CLOUGH: of the terms and the Yes. And do you fully understand each and every provision that you have agreed to and your obligations that you have from this point forward? MR. BOWERS: Yes. MS. CLOUGH: And is forward with this agreement? MR. BOWERS: Yes. it your intention to go I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. A~torney for Plaintiff DATE: Robert E. Bowers JOYCE C. BOWERS, Plaintiff ROBERT E. BOWERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 02-4553 : CIVIL ACTION - LAW : 1N DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 20, 2002. 2. The marriage of the Plaintiffand Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.SA. Section 4904 relating to unsworn falsification to authorities. DATE: Robert E. Bowers JOYCE C. BOWERS, Plaintiff V. ROBERT E. BOWERS, Defendant : IN TI-~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4553 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301{c} OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subiect to the penalties of 18 Pa.C. S {}4904 relating to unsworn falsification to authorities. DATE: Robert E. Bowers JOYCE C. BOWERS, Plaintiff ROBERT E BOWERS, Defendant : IN TIdE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-4553 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 20, 2002. 2. The marriage of the Plaintiffand Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Joyce~' Bo~vers JOYCE C. BOWERS, Plaintiff ROBERT E BOWERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4553 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Joy~42Bowers COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE C. BOWERS, Plaintiff VS. ROBERT E. BOWERS, Defendant CIVIL ACTION - LAW NO. 02-4553 IN DIVORCE .STIPULATION FOR THE ENTRY OF "DOMESTIC REL&TIONS ORDER-, Bowers, Plaintiff and Robert E. Bowers, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Robert E. Bowers (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is May 8, 1930, and his Social Security number is 162-22-4302. 4. The Plaintiff, Joyce C. Bowers (hereindfter referred to as '~Altemate Payee") is the former spouse of Member. Alternate Payee's date of birth is July 26, 1942, and her Social Security number is 192-34-5006. 5. Member's last known mailing address is: 7 Big Horn Avenue Mechanicsburg, PA 17055 Alternate Payee's current mailing address is: 309 N. Frederick Street Mechanicsburg, PA 17055 7. Member has retired pursuant to the terms of an Option 3 with a full Option 4 withdrawal. The Member has named the Alternate Payee as survivor annuitant and hereby waives any right to re-designate a sumvor annuitant by reason of his divorce. his death. Member shall be entitled to receive the full monthly annuity payments until 9. Alternate Payee shall be irrevocably designated as survivor annuitant pursuant to this Order and, upon death of Member, shall receive for her life one-half (1/2) of Member's monthly annuity amount in conformity with the election made by Member at the time of his retirement. 10. Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, any death benefit payable to Alternate Payee by SERS by reason of the Member's death before the date benefits commence to h/m shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 4 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. Date: '-'/ffI~ lO , 2004 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Pl~ff/~lternate Payee Attorney for Plaintiff/Alternate Payee Defendant/Participant Atto~'XfYn~y for Defendan ~ clpant Barbara Sumple-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland. PA 17070 (717) 774-I445 JOYCE C. BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA v. ' NO. 02-4553 ROBERT E. BOWERS, Defendant : CIViL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORB 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 $301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on September 28, 2002. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by PlaintiffFebruary 11, 2004; by Defendant February 11, 2004. 4. Related claims pending: All matters have been resolved between the parties pursuant to an Agreement of record reached on February 11, 2004 and incorporated, but not merged into the Decree. See paragraph 2, page 3 of the Agreement of record. 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was~fl~d with Prothonotary: March 15, 2004. Date Defendant's Waiver of Notice in 3301(~ Diy~rce was filed with Prothonotary: March 15, 2004. Dated: March 12, 2004 / ~ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOYCE C BOWERS, Plaintiff ROBERT E BOWERS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4553 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: March 12, 2004 Joanne Hamson Clough, Esquire Reager and Adler 2331 Market Streek./r /1 Camp Hill, PA 170/1/1~-46..4~7.-~ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. #32317 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOYCE C. BOWERS, Plaintiff VERSUS NO. 02-4553 DECREE IN DIVORCE AND NOW, k~~ /6 DECREED THAT Joyce C. Bowers 2004 , IT IS ORDERED AND , PLAINTIFF, AND Robert E. Bowers , 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 WPIICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ All matters have been resolved between the parties pursuant to an Agreement of record reached on February 11, 2004 and incorporated, but not merged, into the Decree. PROTHONOTARY