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Home My WebLink About01-4694 TAWNY A L. BUCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW FRANCIS D. BUCHER, Defendant : NO.DI-J..fr.~'f : IN DIVORCE CIVIL TERM 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 will proceed without you and a decree of divorce or annulmenl may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other righls important to you, including custody or visitation of your children. When lhe ground for the divorce is indignities or irrelrievable breakdown of the marriage, you may request marriage counseling. A lisl of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 TAWNY A L. BUCHER, Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW FRANCIS D. BUCHER, Defendant NO. O/-4f:,9l.f IN DIVORCE ( CIVIL TERM COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is Tawnya L. Bucher, an adult individual currently residing at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Francis D. Bucher, an adull individual currently residing at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. Plainliff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for alleast six months immedialely previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 10, 1987, in Boiling Springs, Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither lhe Plaintiff nor the Defendant are members of lhe United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does nol desire that the Court require the parties 10 participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief lhat the Defendant will, ninely (90) days from lhe date of the filing of this Complaint, consent to this divorce. Respectfully submitted, u Marylou Attorney for laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I undersland lhat false stalements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. (". , UI TAWNYA: CL L. . BUCHER, Plaintiff DATE: 6 -;) -6 ( i~ 0, .," 0': ,L.;: >- t- ::2: ::J:g; - '::J> '-)..,..? ,- :J;::; ".~ "(C/) I ---..l? S.; f5 (a " ~o... """- c, 8 ,..... Jf ~ {)I~\ co ('{) ~ r:; 8 I ~ ~ ~y ~ "'" "- E:: ~ ~ ~ ~ ~ ~ &.. TAWNYAL. BUCHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. FRANCIS D. BUCHER, Defendant, : CIVIL ACTION - LAW : NO. 01-4694 CIVIL TERM : IN DNORCE AFFIDAVIT OF SERVICE AND NOW, this 23rc1 day of August, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and true copy of a Complaint in Divorce to the Defendant, Francis D. Bucher, at his address of 2722-A Ritner Highway, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicaling service was made on August 18, 200 I. 7 GL^tL w..l1IL{ fly) Marylou Esquire Attorney for 'ntiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Sworn and subscribed to before me this cP3 ~i day of ~J-+ ,2001. /f? ~jrila d.J. ~ NOTARY LIC Notarial Seal Robin J. GoshOrn, Notary PublIc Carlisle Born, Gumbettanil County My Commission Expires Apr. 17, 2003 (") C) r:-:=;. C ''11 $: :Do ""'OCt) l= 92';: G) -c zr ", cn> 1..0 ~6 " >' ze) -CJ I;:) Pc ,,",J ..1 -7 ?rJ ~ ,) Cl" -< rr- <Q ::r o U.S. Postal SerVIce CERTIFIED MAIL RECEIPT (OOI/}(><,f/( Mail Only No InS/lfdnu' COV('ldqn PfOVldn(}) c C -II C C C C ~ c rr- LrJ ,.." Postage $ :!.;.ertified Fee Ret Receipt Fee U"J (Endo nt Required) n.J .c Restricted Delivery Fee CJ (Endorsement Required) · Comp/ete nema 1, 2, 8I1d 3. Also tomPl8lte item 4S '8cJ DelIvery Ia desired. · Print YOu arne 8I1d lIddI8ss on !he I8Vsrse 80 that can return the C8ItIIl> Y<>u. · Attach t C8ItI to !he back of !he ma/IIliece, or on the front ff "P&ce P8nnite. 1. Art1c1s Addrssaed to: francIS b. BUCher 2-1 'l Z - I/- r2lhur !hj/;~ {ur!~/ PI} /7~13 ;. D. Is dsIIIiory "'**- <MI!ront fI1lm /torn 1? If YEs, anter dsffwwy ~ below: 3.~. Type Csrti1iod Ids/I 0 """'- Moil ~ 0 Retum 0'_ Mal, 0 C.O.D. 4. Rastrfctsd De/Ws,y/ i&t>a Fee) I ---- -- --...--- Domestic Return Rece;pt n__ _____.________ 102595-00.M._ ------.--.. -. 0 c (-:) C n s: :Do "'tiCJ! --~J n-lr";-l G") I Z:JI N ~ -;7r- \Uh tD -' r> ~'~J ~~C., ~,,:;.. :0 F3 ~. c :%: '<'I =< '" ~ l ,-, TAWNYAL. BUCHER, Plaintiffi'Pelilioner DR#: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW FRANCIS D. BUCHER, : NO. 01-4694 CIVIL TERM Defendant/Respondent : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES AND EXPENSES AND NOW comes Pelitioner, Tawnya L. Bucher, by and through her counsel of records, Marylou Matas, Esquire, and petilions the Court as follows: I. Your Petitioner is the above named Plaintiff, Tawnya L. Bucher, an adull individual whose currenl mailing address is P.O. Box 331, Newville, Cumberland County, Pennsylvania. 2. Your Respondenl is the above named Defendanl, Francis D. Bucher, an adull individual currently residing al 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. Petilioner's date of birth is July 5, 1964, and her Social Security number is 198-52- 1527. 4. Respondenl's dale of birth is Augusl14, 1957, and his Social Security number is 172. 52-4278. 5. The divorce aclion filed to the above dockeled number in the Court of Common Pleas of Cumberland County requesls a divorce based upon Seclion 3301(c) of the Divorce Code of 1980 as amended. 6. Pelilioner has employed counsel and will incur certain costs and expenses in pursuit of the aforemenlioned divorce aclion, but is wilhout sufficienl assels or income to support herself, pay for attorney's fees, or pay for the costs and expenses associaled wilh this aclion. 7. Respondenl has sufficienl income and earning capacity, as well as assels, 10 support lhe Petitioner or to assisl in supporting Petitioner, and 10 pay alimony pendenle lile 10 Pelitioner, as well as assisl in paying her counsel fees, cosls and expenses. 8. Pelilioner no longer resides in lhe property owned by Respondent and Respondenl is providing no financial assistance 10 Pelilioner. WHEREFORE, Pelilioner requesl you Honorable Court to enter an Order of Alimony Pendenle Lite, Interim Counsel Fees, Costs and Expenses in lhis matter. Respeclfully submitted, Marylou Attorney r Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 YERIFICA nON I verify lhal lhe slalements made in the foregoing document are true and correct. I understand that false slalements herein are made subject to the penalties of 18 Pa.C.S. Seclion 4904, relaling 10 unsworn falsificalions 10 authorities. DATE:!'/- LI / t I J TAWNY A 1. BUCHER, Plainliff/Pelilioner DR#: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW FRANCIS D. BUCHER, : NO. 01-4694 CIVIL TERM Defendant/Respondent : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Tawnya L. Bucher ADDRESS P.O. Box 331, Newville, PA 17241 BIRTH DATE July 5, 1964 SOCIAL SECURITY NUMBER 198-52-1527 HOME PHONE WORK PHONE (717) 249-3111 EMPLOYER NAME Ross EMPLOYER ADDRESS Carlisle, P A JOB TITLE/POSITION splitter DATE EMPLOYMENT COMMENCED 1992 GROSS PAY NET PAY #2,103.24 OTHER INCOME none ATTORNEY'S NAME Marylou Matas, Esquire ATTORNEY'S ADDRESS 200 North Hanover Street, Carlisle, P A 17013 ATTORNEY'S PHONE NUMBER (717) 243-5551 RESPONDENT NAME Francis D. Bucher ADDRESS 2722A Ritner Highway, Carlisle, P A 17013 BIRTH DATE August 14, 1957 SOCIAL SECURITY NUMBER 172-52-4278 HOME PHONE WORK PHONE EMPLOYER NAME Carlisle, Syntec EMPLOYER ADDRESS Carlisle, P A 17013 JOB TITLEIPOSITION laborer DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY $3,735.27 OTHER INCOME $564.84 for child support per month ATTORNEY'S NAME Michael A. Scherer ATTORNEY'S ADDRESS 17 West South Street, Carlisle, P A 17013 ATTORNEY'S PHONE NUMBER (717) 249-6873 MARRIAGE INFORMATION DATE OF MARRIAGE October 10, 1987 PLACE OF MARRIAGE Boiling Springs, P A DATE OF SEPARATION August 3, 2001 ADDRESS OF LAST MARITAL 2722A Ritner Highway HOME Carlisle, P A 17013 DESCRIPTION OF DOCUMENT Petition for APL RAISING APL CLAIM DATE APL DOCUMENT FILED December 3,2001 ~ . ::--.,. ~ ...0 0 ~ ~ b" Jj? .-. ,. ~ I::::, ~ p). 0 0 .~ , c 0 ";.',," "f"l -r '", C) '~;","!' n~H! ".,. z~,; C') .- :'~ ::-\.1 7~e. I C'- ,,"71 (f) ,:i.": -' .- ::) -< .,. ,<U -0 CJ :t', 'T Z ) :::r; i',j;.-1 ~O ~ _::o-I_J c::: Om ~ '" ~ w ~ LARRY E. JUMPER, JR., : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TERESA D. JUMPER, Defendant NO. 01-5462 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of December, 2001, upon consideration of Defendant's Petition Requesting Counseling, a Rule is hereby issued upon Plaintifflo show cause why the relief requested should not be granled. RULE RETURNABLE within 20 days of service. BY THE COURT, Steven C. Courtney, Esq. 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 Attorney for Plaintiff Robert L. O'Brien, Esq. 17 West Soulh Street Carlisle, PA 17013 Attorney for Defendant _. A...L I;) ,cJ? of ~~.- 9-, ,:::~'1 "-' r-i, "'-:. ~ .~ "!~) () ,-, ~.:J -;~C) gin -< ~-~ ,;.t::~: (--' s;~~,;) z =2 ::1::' .'-.) (.A) :rc TAWNYA L. BUCHER, PlaintiID'Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CML ACTION - DIVORCE FRANCIS D. BUCHER, Defendant/Respondent NO. 01-4694 CIVIL TERM IN DIVORCE DR# 31321 PacseS# 695104111 ORDER OF COURT AND NOW, this 2nd day of Janllll1Y, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.I. Shaddav on Januarv 28. 2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimolty Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expeltse Statement attached to this order, completed as required by Rule I91O.11!D (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents. the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 1-3-02 to: Petitioner < Respondent Marylou Matas, Esquire Michael Scherer, Esquire t' L """W,,", ,~"" "" l~; ..;, ',Coo,.;..!;;'(r YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VB. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 " ~ 'v'JNVI\1\SNN3d .JJ.NnQ') Qfl1lf7!j38Wno SS :C t./d C~ NVr cO lu\IIC',.",.,..,!""", "'.:: .f0 I\(] '..I.. -" ~'.....I 1"..,,-, ;,..'... ..,,. J... ...J jC)I:r:1C'-G~qlj In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TAWNYA L. BUCHER ) Docket Number 01-4694 CIVIL Plaintiff /Petitioner ) Ys. ) PACSES Case Number 695104111 /D31321 FRANCIS D. BUCHER ) Defendant /Respondent ) Other State ID Number ORDER AND NOW, to wit on this 28TH DAY OF JANUARY, 2002 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other ALIMONY PENDENTE LITE filed on 12/07/01 in the above captioned matter is dismissed without prejudice due to: PLAINTIFF HAVING A DUTY OF SUPPORT FOR THE PARTIES' TWO CHILDREN AND THE APL AMOUNT OFFSETS THE CHILD SUPPORT OBLIGATION. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Shadday xc: petitioner respondent Marylou Matas, Esquire Michael Scherer, Esquire ~. ~ 4.- Kev0. Hess JUDGE ~'IAILED ". -". .' 'f" ...f . ;)...,/.0;' Service Type M Form OE-506 Worker ID 21005 e 0 0 N "TI $'.: t- ~~lfI "uco ". ~93 z :z:c: N ~~;: ;Ii C/l.E: \,0 ~.':S 'I ~..:.~" ~;j~~ ,<0 -0 .~ ~O :ll: (:)- ~?:m -0 t;:'" 0 )>C; =-' ~ 0 ~ a> ,.4. II ." MELISSA K. TONER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2001-4338 CIVIL TERM KENNETH J. TONER, Defendant CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE 1. Movant is Robert L. O'Brien, Esquire, attorney for the Plaintiff in lhe above-captioned custody matter. 2. Movant and his client are negotiating a custody agreement and have substantially concluded the negotiations, but the agreement has to be prepared and signed by the parties. WHEREFORE, Movant requests that the custody hearing scheduled for 8:45 a.m. on Wednesday, January 30, 2002, be continued generally and rescheduled upon the application of either party in the event that an agreed to custody schedule is not signed. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: .~~~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 Wesl Soulh Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domestic/toner.mot ._-----,~-~--_.--,......_~ .~ <'CL;;b;", ,,~, <L:iwAk~t1~{i:o;;,.,.;;r II . ..' MELISSA K TONER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4338 CIVIL TERM KENNETH J. TONER, Defendanl CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on January 28, 2002, I, Robert L. O'Brien, Esquire, did serve a copy of the Motion for Continuance by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Lindsay Gingrich Maclay, Esquire Hanft and Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 C2f)6~ Robert L. O'Brien, Esquire " Q a Ci ~~ N ~f1 ~,,", '- "<{ -otu l::lllI i~t::TJ mr'q z 2:1:, N ,:;rT1 2~ co :e'er W." ~J -(.z :.::.:,() t:: C) .." ::r:=H i> :ll: ~o zQ .-.<:) ~ (3m Pc ?;5 ~ c.n ..... -< ffiJi " ~AN282002L~ ' ;, MELISSA K. TONER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :! ., v. NO.2001-4838 CIVIL TERM il Ii KENNETH J. TONER, CIVIL ACTION - LAW II Defendant IN CUSTODY ~ , II :1 I! :' ORDER OF COURT , I I AND NOW, this "'2.9 day of January, 2002, upon review of the Motion for ! I.,,' Continuance filed by Plaintiff's counsel, the Court orders and directs that the custody ii i; hearing set for Wednesday, January 30,2002, at 8:45 a.m., in Courtroom No.2, Jf Ii Cumberland County Courthouse, Carlisle, Pennsylvania, is continued generally and II said matter may be re-listed for a hearing upon the application of either party in the i I event that a custody schedule is not agreed to. ii I " , i; I I I I I I I :! .1 'I I " ., ,. J. Edgar B. y ~obert L. O'Brien, Esquire L ~(L~ .. Attorney for Plaintiff > ~, ., Al\S ~ndSay Gingrich Maclay, Esquire 0/-2 q.O.2 . Attorney for Defendant .. ., :i II 'I' ,I , !i :i !I !' , t: \flN'VfilJ,.SNN3d }JNn08 O\'J{1'r:l38If{n8 5\ :1) ~N 6Z H~rzO Au'\:IlCX"C,\f;:::': .\. ,JO '::Ct'_l:1(}.-(rr-::; ::\ , TAWNYA L. BUCHER, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE FRANCIS D. BUCHER, DefendantJRespondent NO. 2001-4694 CIVIL TERM IN DIVORCE DR# 31321 PacseS# 695104111 DEMAND FOR HEARING DATE OF ORDER: January 28, 2002 AMOUNT: N/ A FOR: Dismissal of Alimony Pendente Lite REASON(S): PI/.",',.f,'<< ct....< II. r / It.; i1> -I J"-~ A""I e...f,'n."""c...f ..,... "/''''''-''1 p-J ...k ','1< . PARTY FILING DEMAND FOR HEARING: f)~ ~....fl ~J"/,"-'Q'r'"_-I- ?/Pd4~ Sig~ture 2.7.0'2- Date l' ....;..,'.'.'.. , ' j".. " '. ~." " .,,' . , ."''1 ;.. '. j .., '., .~ ", ~~. ~, ~ '1' ~ ~ i 1.~"". C"> C) ~ (") 0 0 C N ..\"\ '~ :?: ..., ""Ocr fT1 ~Tl S2n OJ f'''' :r- I ,,,., ~ Z~ :-'~ !:J UJ...; (?O , , ~o ;::~(? .r -n . ~ :."--q C =.::;: r 1-- .J>c "'.0 Zd r:-? ;srn =>c:. ~. D .-l Z N 'J> >> b ::< '" -< TAWNYA L.BUCHER, Plainliff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No.01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE DEFENDANT'S AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(c) and 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Tawnya L. Bucher, by and through her attorneys, Irwin & McKnight, and files this Amended Complaint in divorce against the Defendant, Francis D. Bucher, averring as follows: COUNT I - DIVORCE I. - 10. The averments set forth paragraphs one (I) through ten (10) of Plaintiffs Complaint are incorporated herein as if fully set forth. II. The Plaintiff and the Defendant have lived separate and apart since or about August, 2001. 12. Pursuant to the Divorce Code, Sections 3301(c) arld 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. COUNT II - EOUlTABLE DISTRIBUTION 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. Defendant 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, Defendant respectfully requests the Court to enter an Order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Code and for such further relief as the Court may deem equitable and just. COUNT III ALIMONY AND COUNSEL FlmS 15. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 16. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 17. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an ordering requiring Defendant to pay for Plaintiff s counsel fees, expenses and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, IRWIN & McKNIGHT Dated: June 23, 2004 By:~.J.A ill, 4 ~fll r, &quire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Tawnya L. Bucher CERTIFICATE OF SERVICE - I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 Date: June 23, 2004 IRWIN & McKNIGHT D~j~:q~ Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Tawnya L. Bucher - ~ ~'i 'r:: ~ ~ 0::- () ( ~ C> N C C> ~~ ~ ,......., CJ () ~:~ -n (- ....- I>: <.'::": :...- (~. G....' C ...:;.. {..',-I -( r..:J r~.j w .-j -i.-T, !-11p r-;1 '~:: (":J " -:) _.....~ -" TAWNYA L.BUCHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : No. 01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendanl : IN DIVORCE PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes the Plaintiff, Tawnya L. Bucher, by and through her attorneys, Irwin & McKnight and files the following Motion: I. On or about August 2, 2001, Plaintiff filed a Divorce Complaint, initiating this action. 2. On or about July 30, 2003, Plaintiff served upon Defendant Interrogatories and Request for Production of Documents. The Interrogatories are attached hereto and incorporated herein by reference as Exhibit "A". The Request for Production of Documents is attached hereto and incorporated herein by reference as Exhibit "B". 3. On October 22,2003, counsel for Plaintiff wrote to Defendant's counsel requesting responses to their discovery requests. 4. On April 27, 2004, counsel for Plaintiff wrote a second letter to Defendant's counsel requesting responses to their discovery requests. 5. To date, Defendant has not filed answers or objf:ctions to either the Request for Production of Documents or the Interrogatories. 6. The information sought in these discovery requests is essential to the Plaintiff in order to properly prepare for the upcoming hearing with the Divorce Master. WHEREFORE, Plaintiff Tawnya L. Bucher respectfully requests this Honorable Court to enter an Order directing that Defendant, Francis Bucher, respond to the Request for Production of Documents and Interrogatories or face additional sanction under the Pennsylvania Rules of Civil Procedure. Respectfully submitted, IRWIN & MCKNIGHT Dated:July 13,20041 ~,~. ;1iJit- Douglas l Mil(er, Esquire Supreme Court ill Number: 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Attorney for Plaintiff EXHIBIT "A" TAWNYA L.BUCHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE PLAINTIFF'S INTERROGATORIES TO DEFENDANT TO: Francis D. Bucher, Plainliff do Michael A. Scherer, Esquire O'brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that pursuant to Pa. R. Civ. P. 4005 and 4006, YOU ARE REQUIRED TO ANSWER THESE INTERROGA.TORIES within thirty (30) days. These Interrogatories shall be deemed to be continuing Interrogatories, and you are under a continuing obligation to update your Answers. The Answers must be signed by the person making them, and the objections must be signed by the attorney making them. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory the remainder of the Answer shall follow on a supplemental sheet. Each Interrogatory is intended to require a complete disclosure of all information and evidence presently in Defendant's possession that pertains to such Interrogatory. The person(s) responsible for answering such Interrogatory must be identified along with their titles and addresses. Each person answering an Interrogatory must separately verify that they have answered the Interrogatory truthfully to the best of their knowledge and belief. IRWIN, McKNIGHT & HUGHES ~ no., W-,2003 . Mille , Esquire Supreme _ourt J.D. # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013.3222 (71 7) 249.2353 Attorney for Plaintiff DEFINITIONS Unless negaled by the contexl of the Interrogatory, the: following definitions are to be considered to be applicable to all Interrogatories conlained herein: 1. "You" or "yours" means lhe Plaintiff and/or all corporalions, partnerships or sole proprietorships that Plaintiff owns or in which he/she has a conlrolling interesl, and any employee, agent servant or independent contractor of Plaintiff: 2. "Plainliff" unless olherwise specified, shall mean the Plaintiff answering the Inlerrogalories. 3. "IdenlifY" or "idenlifY" when used with reference to a document, shall mean to: (a) stale the dale; (b) identifY the aulhor (and, if different, the originator, and/or signers); (c) identifY the addressees (and, if different, lhe recipients); (d) stale the present (or last known) locations of the original and all copies and identifY all custodians; and, (e) state whelher Plaintiff, or anyone acling on Plaintiff's behalf, is in possession of the original or a copy of the document all with sufficienl particularity 10 salisfY the requirements for ills inclusion in a request for inspection and copying pursuant to Pa. R. Civ. P. 4009. 4. "IdentifY" or "idenlifY" when used with referenl:e to an oral statement, representalion or conversalion shall mean 10: (a) idenlify lhe person making each slatemenl, the person to whom each stalement was made, and all other persons present at the lime of each statemenl; (b) state the place where such stalement or conversation was held; or (c) ifby telephone, identifY the person making the call and stale the pla(:es where the persons participating in lhe call were located; and, (d) describe in delail the subslance of each statement or conversation. 5. "IdenlifY" or "identifY" when used with reference 10 a person shall mean to slate the: (a) full name; (b) title; (c) current posilion and business afftliation; (d) lhe person whom he/she was representing or acting for; (e) current business addn:ss (or last known, with indication of the dale oflhe last knowledge); and, (f) currenl address of residence (or last known, with indication of the date of the last knowledge). 6. "Document" means any written, printed, recorded or other graphic matter, whelher produced, reproduced or stored on paper, cards, tapes, :5Im, eleclronic facsimile, computer slorage devices or any olher medium and includes, bul is not limiled to originals, every copy with any note or change thereon, drafts, every other date compilation from which lhis information can be obtained, and the information necessary 10 translate the compiled data into usable form. 2 7. "Person" or "individual" means a natural person, a partnership, a corporation, an unincorporated association, a government (or agency thereof), a quasi-public entity, or other form of entity. 8. "Location" means the address and the separate office, room or other specific designation, if any is possible. 9. "Describe," and/or "state" and/or "list" shall m.:an 10 set forth fully and unambiguously every facl relevanl to the Answer called for by lhe Interrogalory of which Plaintiff or its agents, employees or representatives have knowledge. 10. "Date" means lhe exacl day, month and year if ascertainable, or if not, lhe besl approximalion including relationship to other events. . 11. No answer is 10 be left blank. Ifthe answer to an inlerrogalory or subparagraph of an inlerrogalory is "none" or "unknown," such slalemenl musl be written in lhe answer. If the question is inapplicable, "N/ A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of privilege is 10 be stated. 12. These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. 13. Ifaddilional space is required for an answer, attach a supplemental answer sheet that clearly idenlifies the inlerrogatory number or numbers. 3 INTERROGATORIES 1. Slale your full name, age with dale of birth, residence :and post office address, home lelephone number, social security number and presenl military status. ANSWER: 2. Slate your educalional background since graduation from high school. Include all educalional inslitulions attended, dales of attendance, and degn:es or certificates oblained. ANSWER: 4 3. If you are living separate and apart from your spouse, please stale what you consider to be the date of separation and why you consider that to be lhe date of separation. ANSWER: 4. With reference to any previous marriage by you, idenlify fully: a. The date and place of marriage. b. The name of prior spouse. c. The names, ages, dale of birth and addresses of any children, including name of custodial parent for any dependent children. d. The dale, place, and reason or cause of lerminalion or dissolulion of marriage. ANSWER: 5 5. IdenlifY any physical, menial or emotional disability that you believe impairs your earning capacity. ANSWER: 6. IdenlifY lhe names, addresses and telephone numbers of any of your employers for the pasl three (3) years, and further identify the date you commenced and completed your employment, your job litle or position, and the hours and rale of payor earnings, setting forth particularly your gross average weekly salary, wages, commissions and overtime pay. Include bonuses, gratuities, expense and drawing accounts and allowances for transportation and other accommodations and expenses. If there is a contracl of employmenl, state lhe terms lhereof or, if in wriling, attach a copy hereto. ANSWER: 6 7. A. Are you self-employed or do you conduct a business or a profession as a sole proprietor, partner, or corporation? ANSWER: B. If your Answer is in the affirmative, identifY fully: a. The nalure of the business lhereof. b. The name, address, and lelephone number of the business lhereof. ANSWER: C. If your Answer is a partnership, list the names and addresses of all partners and the extent of their interest therein. ANSWER: D. If your Answer is a corporation, list the names and addresses of all directors, officers and shareholders, the extent of their shareholdings and the relationship to you of all partners, shareholders, directors and officers. ANSWER: 7 8. With reference 10 the enterprises set forth in question #7, identifY where the books and records thereof are kepi, the name and address of lhe person in whose charge they are and the name and address of any accounlants and auditors whose services are used. ANSWER: 9. With reference to the enlerprises sel forth in queslion #7, identifY the following: a. Your percentage inlerest in said enterprise including the dale you acquired your inilial inlerest and any subsequent inlerest. b. The date and amounl of any conlribulions made by you to said enterprise within lhe last three (3) years c. Whether you have sold, gifted or otherwise disposed of all or part of your inlerest staling the date, percentage of interest involved, and lhe terms of sale or olher disposition. d. Any loans made by you 10 lhe enlerprise or by the enlerprise 10 you, or any redemptions, dividends, or return of contribulions wilhin the past lhree (3) years. ANSWER: 8 10. A. Identify fully: a. Your average weekly lake home pay. b. The itemized deductions laken from your gross earnings or other pay, including but not limiled to taxes, insurance, FICA, savings, and loans. ANSWER: B. As to each of your Federal income tax returns for lhe last lhree (3) years, attach copies of lhe relurns hereto and idenlify fully: a. The gross income and source thereof. b. The net laxable income. ANSWER: 9 II. A. Is there a wage execution or order to payout of income earnings? ANSWER: B. If your Answer is in the affirmative, idenlif'y how much is laken from your earnings each week, for whose benefil and whal is lhe balance due. ANSWER: 12. Itemize all currenl income benefils or inleresls in any qualified or unqualified deferred compensalion arrangemenl or relirement program, such as, but nOllimited to IRAs, Keogh Plans, ~OI(K) Plans, pensions, annuilies, retirement plans, profit sharing plan, stock bonus plan, stock option plan, or thrift plan identif'ying lhe name, source, type and amount of each, including any amount you may currently be receiving from said interest. ANSWER: 10 13. If you own or have any interesl in an aulomobile, truck, camper, mobile home, motorcycle, boal, aiI]Jlane or vehicle of any nature, idenlify each ilem and your interest therein, stating the make, model, year, price paid therefor, its present value, current mileage, localion and the name and address of any co-owners. ANSWER: 14. IdentifY the nalure of any lien or securily interest to which any of the ilems Iisled by you in the Answerlo the preceding queslion are subjecl, identifYing the name and address of the holder thereof, the holder's relationship to you, the amounl and frequency of payments you make thereon, the balance due, and whether you are current in making said payments. ANSWER: 11 15. Itemize all bank and savings and loan associalion accounls, time deposits, certificales of deposit, treasury noles, savings clubs and checking accounts in your name or in which you have an interest, showing the name and address of each deposilory, the present balance therein, lhe name and address in which each is registered and the presenllocation and cuslodian of lhe deposil books or certificates. IdentifY all bank accounts and g:ive account numbers. ANSWER: 16. IdentifY whether you own any household goods, furniture, jewelry, anliques, art work, Dale Earnhardt collection, NASCAR collection, or other items of value eilher individually or as a colleclion exceeding $500.00, setting forth for each item, or collection, as the case may be, a description, the dale of acquisition, purchase price or value at a';quisition if not purchased, your opinion as to the fair market value, and present localion. ANSWER: 12 17. Itemize all shares of slock, securities, bonds, mutual funds, municipal bonds, money market funds, gold funds and other inveslments, olher than real estate, in your name or in which you have an inleresl, showing where and in whose name they are regislered, the identity of each ilem, its market value, the amounl of dividends or olher income paid by each, and the present localion and cuslodian of all certificates or evidence of such inveslments. ANSWER: 18. A. Duringlhe last three (3) years have you sold, transferred or otherwise disposed of any items referred to or idenlified in response to questions 13 lhrough 17, or any interest therein, to other than your spouse? ANSWER: B. If your Answer is in lhe affirmalive, idenlifY fully: a. Which ilems were sold, transferred or otherwise disposed of. b. To whom each ilem was sold, lransferred or otherwise disposed of. c. The dates of the lransaclion and lhe consideralion received for each. ANSWER: 13 19. As to all real estate which you own or in which you have an interest, identifY fully: a. The localion, type of property and deed referen<;es. b. The current appraisal value of such property. c. The date of purchase and price paid. d. The name and address of all co-owners and the amount of their interest. e. The name and amounl of mortgages lhereon, thll balance due thereon and the name and address of the mortgagee. f. If it is income property, the name of all tenants or occupanls and the annual renl paid by each. g. The ilemized operaling expenses, including bul not limiled 10 laxes, mortgage payments, insurance, heating fuel, water and other utililies. ANSWER: 14 20. If you have sold or otherwise disposed of any real estate or interest therein in the past three (3) years, identit'y fully: a. The localion and type of property. b. The date of sale, selling price and original cost thereof. c. The name and address of the purchaser. d. The relalionship of the purchaser to you. e. The disposilion of the proceeds of lhe sale. ANSWER: 21. List all life insurance policies in which you are the insured or beneficiary showing as to each policy: a. The name of the company, the face amount and lhe policy number. b. The name of the insured, the beneficiary, and their relationship to you. c. The annual premiums and who pays them. d. The present cash surrender value. ANSWER: 15 22. List any and all property or thing of value which you hold in trust for anyone, identifYing the nature of the property and ils location and custodian, the present value and original cost of each, the name and address of the person for whose benefit you are holding lhe same and lhal person's relationship 10 you, the condilions or lerms of the trust and how such property was acquired and who paid the consideralion. ANSWER: 23. Itemize your average monlhly living expenses in delail, including, but not limiled to: rent, clothing, food, ulilities, lelephone, transportalion and car, medical and denial expenses, insurance of any nature, mortgage and other loan paymenls not identified in a previous answer, taxes and other regular personal items of any nature. ANSWER: 16 24. If you contribute to anyone's support or welfare, identify fully the name and address of those whom you support, their relationship 10 you, lhe amount and frequency of the support payments, whelher the paymenls are voluntary or by Court order and lhe name address of the Court and every attorney involved. ANSWER: 25. If you are presently unemployed, eilher permanently or temporarily, idenlifY fully: a. The commencemenl date of your unemployment. b. The reason therefor and lhe date when you expect to return to employment. c. The name and address of your last employer. d. The amounl of sick pay, workmen's compensation awards, disability, unemploymenl or insurance benefils. e. The amount of any other judgments or settlemf'nts resulting from any claim by you for injuries causing your unemployment. ANSWER: 17 26. Identify what counsel fees and costs you have paid or have agreed to pay for services rendered in this action. ANSWER: 27. Identify any credil cards mainlained for your use arid for each card stale the name of lhe issuer, card number, 10 whom the card is issued, the name and address of each person who may use the card, and lhe present balance of the account for each card. Attach a copy hereto of any statemenls you have received for each credit card for the last twelve (12) months. Al'.'SWER: 18 28. IdenlifY any and all oulstanding debts which you are obligated to pay, having a balance in excess of $300.00 for each debt, including loans to relatives, staling the original amount of said loan, to whom it is owed, any and all payments made within the lasl twelve (12) monlhs, and the remaining balance of each loan. If in writing, attach a copy herelo of any such debl obligation. ANSWER: 29. Idenlify whether you have during the past three (3) years made any gift to any person other than your spouse, in cash or in kind, having a value of Five Hundred and noli 00 ($500.00) Dollars or greater, and the person to whom the gift was made. ANSWER: 19 30. Identify any financial slatement or loan application with any lending or credit institulion that you have filed within lhe lasl five (5) years, staling the name of the lending or credil inslitulion, and the amount, term or lerms and purposes of each loan. Attach a copy hereto of any such financial statements or loan applications. ANSWER: 31. Identify any interesl in any property (real or personal), contract, right, patenl, chose in aClion, or expeclancy of any kind, including an inleresl or right litled or held in the name of another, not previously identified in your answers to any preceding interrogatories, stating the identity of the inlerest, the date il was acquired by you, the value at acquisition, and the present value and how determined. ANSWER: 20 32. IdentifY all income benefits or other interests currently being received or received within the lasl two (2) years thai have nol been previously identified in your answers to any preceding interrogatories, including bul limited to inheritances, trusts, social security benefits, lottery prizes, awards, gambling aClivities, bank interesl dividends or similar interesls, identifYing the source, dates received, amounl, and frequency of each benefit or interest. ANSWER: 33. Please indicate whether you are the executor, adminislTalor, fiduciary, trustee, or beneficiary of any eslale or trust lhal was filed or created wilhin the past lhree (3) years. ANSWER: 21 34. Identify any accounls at a savings or commercial banking institulion, brokerage firm, or any other type of financial institulion, on which your name did not appear but in which you deposited any funds since the date of your marriage, and designate the account numbers, name of each financial institution, and name under which each account is listed. ANSWER: 35. A. Do you now or have you at any time since the date of marriage, mainlained or had access to one or more safe deposit boxes? ANSWER: B. If your Answer is in the affirmative, identify where they are located, in whose name they are registered, lheir contents bolh at the time opened and at lhe date of separation and who has access to them. ANSWER: 22 A true and correct copy of the within Answers was served on this day of Michael SI:herer, Esquire Atlomey for Plaintiff 23 . . EXIDBIT "B" . - TAWNYA L.BUCHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION. LAW : No. 01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE PLAINTIFF'S REOUEST I~OR PRODUCTION OF DOCUMENTS BY DEFENDANT TO: Francis D. Bucher, Plaintiff do Michael A. Scherer, Esquire O'brien, Baric & Scherer 17 Wesl South Streel Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that pursuant to Pa. R. Civ. P. 4009.1, Defendant, Tawnya L. Bucher, by and through her legal counsel, Irwin, McKnight & Hughes, hereby propounds the following Request for Production of Documents and tangible things which are in the possession, custody, or control of the party to whom this request is directed, their designated agents, representatives, and attorneys within thirty (30) days after service. The documents and tangible things requested herein must be produced at the law offices of Irwin, McKnight & Hughes, West Pomfret Professional Building, 60 West Pomfret Street, Carlisle, Pennsylvania in accordance with Pennsylvania Rules of Civil Procedure or applicable local rule of Cumberland County prior to the indicated time for production thereof. IRWIN, McKNIGHT & HUGHES Date: ~,2003 nw~_~ ~G 'lie/, squire Supreme Court J.D. # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 (717) 249-2353 Attorney for Plaintiff INSTRUCTIONS AND DEFINIlrIONS I. "You" or "yours" means the Plainliff and/or all corporations, partnerships or sole proprietorships that Plaintiff owns or in which he/she has a controlling interest, and any employee, agent servant or independent contractor of Plaintiff. 2. "Plaintift" unless otherwise specified, shall mean the Plaintiff answering the Interrogatories. 3. "Document," "record," "file," or "report" all refer to and mean the original, all drafts thereof, and all copies of any written, printed, recorded or other graphic matter, whether on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other means of information retrieval and storage, however produced, reproduced or prepared. 4. "Person" or "individual" means a natural person, a partnership, a corporation, an unincorporated association, a government (or agency thereof), a quasi-public enlity, or other form of entity. 5. This Request applies to all documents in your possession, custody or conlrol or in the possession, custody or control of persons acting or purporting to act on your behalf, including, but not limited to your present and former agents, servanls, contractors, employees, accountants, attorneys, invesligators, indemnitors, insurers, consultants and sureties. 6. Each of lhe following is intended 10 be a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered requests as a whole. 7. If you have objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. 8. Before responding to this Request, you are required to make a diligent search of your files and records to ascertain whether you have documents which would be responsive to a given request. Your agenls, representatives, employees, attorneys and other individuals acting or purporting to act on your behalfmusl do the same. 2 DOCUMENT REOUESTS: I. All documents requested to be provided in or relied upon by you to answer those Interrogatories served 10 you on an even dale herewith. 2. Copies of federal and state income tax returns filed by you, together wilh all accompanying W-2s, 1099s, attached schedules and exhibits filed for tax years 2000 through the present. 3. All statements, including check registers, issued by any bank, savings instilution or other financial institution from January I, 20011hrough the present, for all accounts held by you in your name or in your name jointly with any other person, or entity, or in your name as trustee for any other person, regardless of whether or not the account or accounts have been closed. 4. All documents including but not limited to any individual retirement account, pension plan, profil sharing plan, savings plan, Keogh plan, 40 I (k) plan, annuity, retirement benefit, stock bonus plan, stock option plan or thrift savings plan through any current or previous. employer or regarding any other retirement benefits still due or due in the fulure, including the summary plan description and other such infonnation regarding each retirement plan, as well as annual statements for the past three (3) years. 5. All financial slatements or documents referring 10 any deferred compensation plan to which you are entitled by reason of any.present or past employment, including any understanding regarding lhe future distribution of earnings presently retained or anticipated 10 be received. 6. AllI099s issued by any person or entity for which you have perfonned services since January I, 200 I to the present. 7. Copies of any and all litle, registration, and insurance documentation for any automobile, truck, camper, mobile home, motorcycle, boat airplane or other vehicle of any nature, as well as any documents relating to indebledness or financing for each vehicle. 8. All records pertaining 10 real estale in which you have acquired or may have acquired an interest during the period of your marriage, including any leases or mortgages related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by you to the acquisition of such real estate. 3 9. All life insurance policies in which you have any interest as an owner, insured, or beneficiary including any change of beneficiary forms executed by you within the last three (3) years. 10. Copies of any and all brokerage account statements or securities owned by you individually, jointly with any person or entity, or as lruslee, guardian or custodian during the last three (3) years, including in such records the dates of purchase and amounts paid for such securities. 11. All records of any and all securities and investments owned' by you and not reflected in any brokerage account records or stalements. 12. All records of all eslates of decedenls from which you have received, are receiving, or will receive any inheritance in either personal property, real property, monetary assets, or other assets of any kind, whether in !rust or otherwise. 13. If you are alleging any physical or menial disability which impairs your earning capacity, provide a copy of any physician's or other medical practitioner's report or statement that has been given to you or prepared on your behalf in the last two (2) years. 14. All records indicating any and all interests of any kind held by you, either directly or indirectly, in the last three (3) years in any corporations (foreign or domestic), joint ventures, partnerships, realty trusts or other legal entities. 15. Copies of all corporale records, specifically including articles or organization and by-laws, for every corporation in which you have a legal or equitable ownership interest. 16. All records pertaining 10 stock options in any corporation or other entity, whether exercised or not yet exercised. 17. All financial slatements, balance sheets and income statements received by you with respect to any and all proprielorships, corporations (foreign or domestic), joint ventures, partnerships, realty trusls or other legal entities in which you hold a legal or equitable ownership interest, individually or otherwise in the last three (3) years. 18. Copies of all partnership and joint venture agreements to which you are a party. 19. Copies of all mortgages, notes receivable or other evidence of debts due to you individually or otherwise, and executed or payable within the last three (3) years. 4 . - . 20. All records that relate to any secured or unsecured personal loan made to you whether from a member of your family, a banking institution, or any other individual or entity within the last three (3) years. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Date: Zf~ 30 2003 ~J(f. /tiff,., Miller, Esq'uire - Supreme our! LD. # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, P A 17013-3222 (717) 249-2353 Attorney for Defendant 5 , - . CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set ~orth below: MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 Date: July 13, 2004 IRWIN & McKNIGHT ~.~ 'lIer, Esquire Supreme C rt J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plainljff Tawnya L. Bucher - (") I"'~.' 0 C::J ,- !.-~,? -n ..'~ .-1 <. :r :11 c~ 1\"', r'- -c' j".., - -.,,:,. '7 (...) c . ~) '. . - -':) ; - .. CO) <- t~.\ .. r>? c-:; ,~~ :- ) f....) .~] -~ Ci) -- y JUL}<2004 TAWNYA L.BUCHER, Plainliff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE ORDER AND NOW, this 16 day of <J~ , 2004, upon consideration of the foregoing Motion to Compel Answers to Plaintiffs request for discovery, it is hereby ordered and directed that the Defendant comply with the Plaintiff's Request to Answer to Discovery within 10 days of this Order, or be subject to sanctions as provided in the Pennsylvania Rules of Civil Procedure. BY THE COURT: '-/y A-i / J. it iot ~~f '<~ II\Wr,'""'('1 I\.L.." ,'-....,,' os: I I,!d 91 lnnDOZ i.t.r,;/lOI~Oj{LOt]d 3H1 ~o 38i.:l00'.03lL::! TAWNYA L.BUCHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw the appearance of Marylou Matas, Esquire on behalf of the Plaintiff, Tawnya L. Bucher, in the above captioned case. Respectfully Submitted, GRIFFIE & ASSOCIATES ,2004 Dated: )'1 8 1JIIa M ,~uire Supr Court J.D. No. 200 North Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5551 PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Tawnya L. Bucher, in the above captioned case. Respectfully Submitted, Date: ;S'u.~ 1lf--,2004 IRWIN & McKNIGHT {, I!~~ Ifi/l, Douglas . Miller, Es'quireV Supreme ourt J.D. No. 83776 West Pornfret Professional Building 60 West Pornfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTlFICA TE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 Date: July 15,2004 IRWIN & McKNIGHT J!IU~ Doug as . Millelr, Esquire Supreme ourt J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylv;mia 17013-3222 (717) 249-2353 Attorney for Plaintiff Tawnya L. Bucher ....~ :....: .-> =' = ...- <- r-- i:=: Rl .-; ::r::-n n1 P' -nfl' ,,)0 ;"',1) ~:? ~y , ;.::s.;1:, -::~ :::"''1 ~.; I . ':-::'-\ ~,,~. ::'~J -- c..t\ -0 :;): r:-? t..) U'l TAWNYA L. BUCHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE PRAECIPE TO WITHDRAW CLAIM fOR ALIMONY To Curtis R. Long, Prothonotary: Please withdraw the claim for alimony filed on June 23, 2004, on behalf of the Plaintiff, Tawnya L. Bucher, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT Date: ~ 2 ,2005 )f;1.(la- Douglas Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Profi~ssional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: FebruaryJ, 2005 IRWIN & McKNIGHT ~. hP4. Douglas ller, Esquire Supreme Court J.D. No. 83776 West Pomfret Prof(:ssional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Tawnya L. Bucher f"~~ ':-,"l c) cr~ -1/ ..." r1"1 co I W .....;J r.,..) t.n TAWNYA L.BUCHER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANI; : CIVIL ACTION - LAW : No.01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about August 2,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: S~ '7 t Joos 0 ....> c = c = "'f -.,... "'" ,..c~ d:", ,- :J en '., , c;:: I' :?' :;,,'-::: ;~ , 1- <};~ CO " . t..< ~". '1 '" "7 ( :x '- ,';J :;:... c.~', C c:" Cf? ;:- ;! -3 G" -. ~ TAWNYA L.BUCHER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No.Ol.4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: s~ 'I, dOoS UCHER $2 ~, 0::-'-';. ~]{<;:" ,!j/,,~- '~~~.,< f.~~.~~:;: y~ 2. ~ 'fJ. ~ ~;t; q. ~~ ~ '$) iP (~~5;; '2>"> - (-:-;:'7".'({"l ''3t- '6 --' C1? ~ s:' ..- II 'I , TAWNYA L BUCHER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 01-4694 FRANCIS D. BUCHER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on August 7, 2001, 2. Defendant acknowledges receipt and accepted service of the Complaint on .4v?v)!- /'f" 2bO I , 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4, I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised ofthe availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand thatfalse statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities, Date: h/1/oS- ~ArP~k~ Francis D. Bucher 0 ...., ~ = ~~ = c.n ""'(Ie:::, '- :r 3"1 '~i ' c:: ~~ ;:;:: . Z UJ,,- I :O~ CD 0 ~' ---J. .) ~ '-r.-rt . :P- o::!] if 2;; ::JC -,--0 CD om --, ~_. -. ::;l .c:- ~ TAWNYA L. BUCHER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 4694 CIVIL FRANCIS D. BUCHER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this R~ day of UAv-xP 2005, the economic claims raised in the prOCeed~gS having been resolved in accordance with a marriage settlement agreement dated June 7, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, &m1rk cc: Jt<5uglas G. Miller Attorney for Plaintiff ~chael A. Scherer Attorney for Defendant R>,Q (:);0 - ?: ~ 0 Z- ., =-;;-;'5; t-,- e ~~ C,..?" ~ ~.J~r: u-~ ~;g ~. CO Q 0_ I ;.1(::;- 0- ~ ,'- u:~ :::> 'j~~ rt~ .., .~. ..... ::::> ~ = (J ~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this !t--day of LItM...-- , 2005, by and between TAWNYA L. BUCHER, (hereinafter referred to as "WIFE") and FRANCIS D. BUCHER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 10, 1987, and separated on or about August 4, 2001; and WHEREAS, diverse, unhappy 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, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: I. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby, Each party to the Agreement acknowledges and declares that he or she, respectively: (I) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Douglas G. Miller, Esquire of Irwin & McKnight; HUSBAND is represented by Michael A. Scherer, Esquire of O'Brien, Baric & Scherer; 2 (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each 3 party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that marital property located at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold WIFE harmless from any obligations on said payments and indemnify her if any claim is made against her. In furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute a Deed conveying her interest in the property to HUSBAND. HUSBAND agrees to refinance the existing mortgage obligations on the property within forty-five (45) days from the date of this Agreement and thereby remove WIFE'S name from said obligations. HUSBAND further agrees to pay WIFE the sum of Fifty-Eight Thousand Five Hundred and 00/100 ($58,500.00) Dollars as part of his refinance ofthe property. The parties are the joint owners of two (2) cemetery spaces in Cumberland Valley Memorial Gardens by virtue of a Deed dated June 25, 1999. The parties agree to divide the ownership of said lots, whereby HUSBAND will convey all right, title and interest in one of the spaces to WIFE, and WIFE will convey all right, title and interest in the other space to HUSBAND. The parties agree to execute any and all documentation necessary to divide the 4 spaces as agreed within forty-five (45) days of the date of this agreement, It is the intent of the parties that WIFE will then sell or transfer her space to another location within the cemetery. 8. SUPPORT: It is the mutual desire ofthe parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: HUSBAND agrees that WIFE shall receive the following additional items of personal property within thirty (30) days, some of which items were the property of WIFE prior to the marriage of the parties: plate set, two (2) silverware sets, blue tin container set, Garfield VHS movie, exercise VHS tapes, medium duster coat, brass bear figurines, Charlie Brown books, remaining pair of ice skates, wire cutters, battery post cleaner, games and doll baby with clothes located in closet box, Barbie puzzle, candle and Bible picture in metal frame, sewing basket, kitchen picture, living room picture, lighthouse picture in bathroom, grandparents' china closet, Tupperware containers, square roasting pan, lasagna pan and server, typewriter, breast collar to horse saddle, wedding proofs, box of family photographs in basement, loveseat and small oval coffee table (both in basement), Pampered Chef chopper, salt & pepper shakers and candles located in dining room box, and the keys to the 1996 Chevrolet Blazer in the possession of HUSBAND. WIFE agrees to return to HUSBAND the garage door opener to the marital residence and one of the two horse saddles in her possession as 5 agreed upon by the parties. WIFE further represents that she no longer has in her possession any keys to the marital residence. After the transfer of the above-referenced items, the parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10, AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may have in his possession. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicles. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may have in her possession. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be 6 solely responsible for all msurance and other financial responsibility associated with said vehicles. II. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. 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. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. 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. 12. INSURANCE AND EMPLOYEE BENEFITS: HUSBAND agrees to transfer to WIFE the sum of Ninety Thousand Three Hundred Sixty Two and 00/1 00 ($90,362.00) Dollars from his Employee Incentive Savings Plan. HUSBAND represents that he has not withdrawn any funds or otherwise encumbered said Savings Plan since August 4, 2001. The parties shall 7 cooperate in executing any and all documents necessary to effectuate the transfer of this Savings Plan to WIFE. The parties authorize legal counsel for WIFE to execute the QDRO approved by the administrators of the Employee Incentive Savings Plan for submission to the Court of Common Pleas of Cumberland County, In furtherance thereof, HUSBAND authorizes the administrators of the plan to communicate with legal counsel for WIFE in order to effectuate the above transfer. The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE specifically agrees to waive all right, title and interest in the Carlisle Corporation Pension in the name of HUSBAND. HUSBAND specifically agrees to waive all right, title and interest in the 401(k) retirement account in the name of WIFE through her employment with Ross Distribution. The parties agree to execute any and all documentation which may be necessary to confirm the waiver of their interests in said accounts. 13. BENEFITS. STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. WIFE agrees to transfer a principal sum of money into a PUTMA account in the name of HUSBAND and the parties' daughter, Heather M, Bucher, such that the balance shall be equal to the amount in a similar account in HUSBAND'S name and the name of the parties' other daughter, Jennifer L. Bucher, within fifty (50) days of this Agreement. The funds in these accounts shall be used exclusively for each respective daughter's support, maintenance, education, and medical care. WIFE further agrees to deposit of sum of One Hundred and 00/100 ($100.00) Dollars into each of the daughter's accounts within fifty (50) days ofthis Agreement. 8 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall 9 include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. ENTIRE 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. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorney fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and to 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ~1f~ L, 1I~~ ~~~~ cfP~1/\...(SEAL) NCIS D. BUCHER 11 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 1^ day of ~ ' 2005, a Notary Public, TAWNY A L. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 1?du~ 7, ~!..~ Notary Plblic ',Id;, i;;!:';:~:;;~,-:: .~.~'1 . ~ ,_ l: .' .,- . .,.., ". ' ': c!. -, ' '_. L , Pt:.tr:c~;.,:,,: ..~" .1, . , 1 Cz_rU::~<; ',:,:~n)<, " My _".~..,~~..o- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 7./Vt......day of ;}...u ,<0 2005, a Notary Public, FRANCIS D. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. p ~~b:t J/~ ~-" -",__u 'j\[::':','-"/; ~_~f\L Er:AL ..~..: . _, 1 1_,', ;'. "', '",. ,.. P~,Ls:,:;,~" L ~,;:: :\"'Y\/ il'.:dlC Cecii,',' I ~y C;)jc:.:",:';::Y": 12 TAWNYA L.BUCHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 01-4694 CIVIL TERM FRANCIS D. BUCHER, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a di vorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 330l(c) of the Divorce Code, 2. Date and manner of service of complaint: : A certified copy of the Complaint in Divorce was served upon the defendant, Francis D. Bucher by certified mail, restricted delivery, on or about August 18,2001. The Affidavit of Service was filed with the Prothonotary on or about August 29, 2001. 3, Complete either paragraph (a) or (b), (a) Date of execution of the affidavit of consent required by Section 330 I (c) of the Divorce Code: by plaintiff: June 7, 2005 by defendant: June 7, 2005 (b)( 1) Date of execution of the affidavit required by Section 330 1 (d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE, 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 8, 2005 . . Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 8, 2005 Date: June 9, 200S o ~; r" c;.:'J <:-~ "" '- 0, ,;.-,,",' \",.' (' ~:~ ~~:~ ~4 --'. \ ,p q, ..-I ~\-;Q \\ \'-- -0"" -_,;)0 ,,:)(-, .,,~_::/-. <-f~ -r'\ '() ~;~. :.z~7, {~)\ ...A '-? .?TJ '.L~ --0 -' "'" c...~ I'-" ,p - . . . . . . . . . .. . .. . :+::+::+::+: :+: ... IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY . . . . . . PENNA. STATE OF . . . . TAWNYA L. BUCHER, NO. 01 4694 . . . Plaintiff . . . VERSUS . . FRANCIS D. BUCHER. . . . . . Defendant . DECREE IN DIVORCE . . . . . . . . . 1- /5 ,/' a:ooJ , IT IS ORDERED AND AND NOW, . . . . . . DECREED THAT TAWNYA L. BUCHER , PLAINTIFF, , DEFENDANT, . . . . . . . . . . AND FRANCIS D. BUCHER 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; The Marriage Settlement Agreement dated June 7, 2005 and signed by the . . . parties is hereby incorporated into this decree but not merged. . . . . . . .. :+: :+: :+::+::+::+: :+: :+::f.:+: :+: . PROTHONOTARY . . . . . . . . . . . ... . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . w>'P?!;f % ~ ~u, 50 '111 'W"" ~ "J ~ ,(,Jp;.rr; pl. 1/ "l II. . .. ~ ' --" ~ Domestic Relations Order For Carlisle Corporation Employees Incentive Savings Plan IN THE MATTER OF THE MARRIAGE OF IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TAWNYA L. BUCHER, Plaintiff, No. 01-46'~4 AND FRANCIS D. BUCHER, Defendant. IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER RELATING TO DEFENDANT'S RETIREMENT PLAN WITH CARLISLE CORPORATION AND NOW, thi& day Of~, 2005, it is hereby Ordered as follows: l. This Order is intended to meet the requirements of a "qualified domestic relations order" as defined in Section 414(p) of the internal Revenue Code of 1986 ("Code") and Section 206(d) of ERISA. 2. This Qualified Domestic Relations Order is made pursuant to the Marriage Settlement Agreement dated June 7, 2005, relating to paragraph twelve (12) of said Marriage Settlement Agreement involving the Carlisle Corporation Employee Incentive Savings Plan of the participant, Francis D. Bucher. 3. The Court does hereby incorporate the Marriage Settlement Agreement, a copy of which is attached hereto as Exhibit "A", by reference as a part of this .order effective this date, 4. The Carlisle Corporation Employee Incentive Savings Plan ("Plan") is a retirement plan maintained by Carlisle Corporation. ",;,',,,,,',," ;?~~-~;~,~,;hlt1:(;,JiAlft:m,.';r~;;;i1lt1ir~(i<i\lli"}');\?;;":\!$,JWi'i%li:};~:;Uj/~!l,~? ~'J\,f;i'-1;;5h<(1f;l{~;';'i 'J,;~ ;~,~;h;~:;;; , "/;(>:,- , . " 5. The Participant in the Account is Francis D. Bucher ("Participant"), whose last known address is 2722A Ritner Highway, Carlisle, Pennsylvania 17013, and whose Social Security number is 172-52-4278. The Participant's date of birth is August 14, 1957. 6. The Alternate Payee is Tawnya L. Bucher ("Alternate Payee"), whose last known address is 140 CME, Newville, Pennsylvania 17241, and whose Social Security number is 198-52-1527. The Alternate Payee's date of birth is July 5,1964. The Alternate Payee is the former spouse of the Participant. 7. The Account Administrator is Carlisle Corporation, its successors or assigns. 8. The Participant and the Alternate Payee were mOirried on October 10, 1987, III Cumberland County, Pennsylvania. 9, The Court hereby assigns to the Alternate Payee Ninety Thousand Three Hundred Sixty- Two and 00/100 ($90,362.00) Dollars from the Participant's Plan to be transferred into a separate account established for the Alternate Payee in accordance with Paragraph Twelve (12) of the Marriage Settlement Agreement. 10. As soon as practicable after this Order is determined to be qualified by the Account Administrator, such amounts shall be withdrawn from the funds in the Participant's account and invested in such fashion in a separate account maintained for the benefit of the Alternate Payee, On and after the date such account is established the Altemate Payee shall have the same ability to designate the investment of those amounts as the Participant would otherwise have had with respect to those amounts. ,^ ,,',," ,"",p '''' .... ..,,;, ,,, ";:"~;""'. "" :K.;~}@.\iiI\rl.Jr;"1 ;tk~~,i~iiJ~.~&;!';0'hj,;;;;.,;)i'~' ,.'. " ... ;L~) " 11. Payment of the Alternate Payee's benefit shall be made as soon as administratively practicable after the Order is determined to be qualified. Such request shall be on a form provided by the Account Administrator. Payment shall be mad,~ in a single lump sum payment. 12. The Alternate Payee may designate a beneficiary to receive payment of the Alternate Payee's remaining interest in the Plan, if any, upon the Alternate Payee's death. Any such beneficiary designation shall be made without regard to any designation by the Participant of a beneficiary with respect to the Participant's interest. 13, The assignment of benefits to the Alternate Payee shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee will not be entitled to any survivor benefits attributable to the Participant's benefits under the Plan unless the Participant designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan. 14. The Participant, Alternate Payee and the Court intend this Order to be a qualified domestic relations order within the meaning of Section 414(p) of the Code and Section 206(d) of ERISA. Accordingly, this Order shall not require the Plan to provide under any circumstances: (i) any type or form of benefit, or any benefit option, not otherwise provided under the Plan; (ii) provide benefits in excess of the value of the Participant's account or as of the date the separate account is established for the Alternate Payee; or (iii) benefits that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. This Order relates to the provision of marital property rights of a former spouse of the Participant and is made pursuant to this State's domestic relations laws. 15. In the event this Order is found by the Account Administrator of the Plan not to be a qualified domestic relations order, the Court shall retain jurisdiction to modify the Order as necessary for the Account Administrator to accept the Order and pay benefits in accordance with its provisions. , " .~ , ,..'< "'"" " 16. The assignment made by this Order shall be permanent. On and after the date of this Order, the Participant shall have no further right or interest in the portion of the Participant's account balance which is hereby assigned to the Alternate Payee and the Alternate Payee shall have no right or interest in the portion of the Participant's account balance that is not assigned to the Alternate Payee pursuant to Paragraph twelve (12) above, Nothing in this Order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiary under the Plan, with respect to the portion of the Participant's account balance not assigned to the Alternate Payee. 17. The Alternate Payee shall be responsible for the payment of all taxes due on amounts paid to the Alternate Payee, The Account Administrator and trustee of the Plan are hereby authorized to withhold tax as required under law and to report any such withholdings and taxable income to the taxing authorities. Respectfully submitted, IRWIN & McKNIGHT Douglas . Miller, Esquire Attorney J.D. # 83776 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Attorney for Plaintiff BY THE COURT: Dated: J. '>0 , _ t'''8i-'''{'iPr'i1T~0,~IP'';'l!?rl' .,~:, 1'."1' <':'.';T~';!.;..",\Uj::~'1hh"',-:';<"': '.,> , , .. ", , ",;,..,;:,:,., , ',;i;'(1:"";;:;" ,;',( " MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~day of S (.M.v , 2005, by and between TAWNYA L. BUCHER, (hereinafter referred to as "WIFE''') and FRANCIS D. BUCHER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 10, 1987, and separated on or about August 4, 2001; and WHEREAS, diverse, unhappy 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, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (I) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Douglas G, Miller, Esquire of Irwin & McKnight; HUSBAND is represented by Michael A. Scherer, Esquire of O'Brien, Baric & Scherer; 2 (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attomey; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 40l(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns, The parties have attempted to divide their Marital Prop'erty in a marmer that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part ofthe marital estate. It is the further purpose of this Agreement to settle forev(:r and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to whic;h any property is subject. Each 3 party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on beha.lf of either or both Parties during mamage. 7. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that marital property located at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold WIFE harmless from any obligations on said payments and indemnify her if any claim is made against her. In furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute a Deed conveying her interest in the property to HUSBAND. HUSBAND agrees to refinance the existing mortgage obligations on the property within forty-five (45) days from the date of this Agreement and thereby remove WIFE'S name from said obligations. HUSBAND further agrees to pay WIFE the sum of Fifty-Eight Thousand Five Hundred and 00/100 ($58,500.00) Dollars as part of his refinance of the property. The parties are the joint owners of two (2) cemetery spaces in Cumberland Valley Memorial Gardens by virtue of a Deed dated June 25, 1999, The parties agree to divide the ownership of said lots, whereby HUSBAND will convey all right, title and interest in one of the spaces to WIFE, and WIFE will convey all right, title and interest in the other space to HUSBAND. The parties agree to execute any and all documentation necessary to divide the 4 ,.' spaces as agreed within forty-five (45) days of the date of this agreement. It is the intent of the parties that WIFE will then sell or transfer her space to another location within the cemetery. 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite paym~nts from the other either prior to or following the entry of the Divorce Decree in this matter, 9, PERSONAL PROPERTY: HUSBAND agrees that WIFE shall receive the following additional items of personal property within thirty (30) days, some of which items were the property of WIFE prior to the marriage of the parties: plate set, two (2) silverware sets, blue tin container set, Garfield VHS movie, exercise VHS tapes, medium duster coat, brass bear figurines, Charlie Brown books, remaining pair of ice skates, wire cutters, battery post cleaner, games and doll baby with clothes located in closet box, Barbie puzzle, candle and Bible picture in metal frame, sewing basket, kitchen picture, living room picture, lighthouse picture in bathroom, grandparents' china closet, Tupperware containers, square roasting pan, lasagna pan and server, typewriter, breast collar to horse saddle, wedding proofs, box of family photographs in basement, loveseat and small oval coffee table (both in basement), Pampered Chef chopper, salt & pepper shakers and candles located in dining room box, and the keys to the 1996 Chevrolet Blazer in the possession of HUSBAND. WIFE agrees to return to HUSBAND the garage door opener to the marital residence and one of the two horse saddles in her possession as 5 agreed upon by the parties. WIFE further represents that she no longer has in her possession any keys to the marital residence. After the transfer of the above-referenced items, the parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10, AUTOMOBILES: WIFE hereby waives all right, title: and interest in any vehicle that HUSBAND currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may have in his possession. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicles. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may have in her possession, WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be 6 solely responsible for all msurance and other financial responsibility associated with said vehicles. 11. MARITAL DEBTS: It is further mutually agreed by arId between the parties that WIFE shall assume all liability for and pay and indemnify the HUSB,l,.ND against all debts incurred by WIFE after the date of separation. WIFE represents and wammts 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. HUSBAND shall assume all liability for and pay and indemnifY the WIFE against all debts incurred by HUSBAND after the date of separation. 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 incunred by him. 12, INSURANCE AND EMPLOYEE BENEFITS: HUSBAND agrees to transfer to WIFE the sum of Ninety Thousand Three Hundred Sixty Two arId 00/100 ($90,362.00) Dollars from his Employee Incentive Savings Plan. HUSBAND represents that he has not withdrawn any funds or otherwise encumbered said Savings Plan since August 4, 2001. The parties shall 7 cooperate in executing any and all documents necessary to effectuate the transfer of this Savings Plan to WIFE. The parties authorize legal counsel for WIFE to execute the QDRO approved by the administrators of the Employee Incentive Savings Plan for submission to the Court of Common Pleas of Cumberland County. In furtherance thereof, HUSBAND authorizes the administrators of the plan to communicate with legal counsel for WIFE in order to effectuate the above transfer. The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE specifically agrees to waive all right, title and interest in the Carlisle Corporation Pension in the name of HUSBAND. HUSBAND specifically agrees to waive all right, title and interest in the 401(k) retirement account in the name of WIFE through her employment with Ross Distribution. The parties agree to execute any and all documentation which may be necessary to confirm the waiver of their interests in said accounts. 13. BENEFITS. STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of\VIFE. WIFE agrees to transfer a principal sum of money into a PUTMA account in the name of HUSBAND and the parties' daughter, Heather M. Bucher, such that the balance shall be equal to the amount in a similar account in HUSBAND'S name and the name of the parties' other daughter, Jennifer L. Bucher, within fifty (50) days of this Agreement. The funds in these accounts shall be used exclusively for each respective daughter's support, maintenance, education, and medical care. WIFE further agrees to deposit of sum of One Hundred and 00/100 ($100.00) Dollars into each of the daughter's accounts within fifty (50) days of this Agreement. 8 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any dun,ss or undue influence, It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Ea,;h party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall 9 include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. ENTIRE 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. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: Each party shall be respons:ible for their own attomey fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22, WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and 10 . ' 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may b,~ necessary or advisable to carry into effect this mutual waiver and relinquishment of all such inteTests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ~j/~ fA-. L. ~ !ALku- (SEAL) TAWNYA' .BUCHER WITNESSES: ~ ffA"t~ fl4h~ NCIS D. BUCHER (SEAL) 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this day of 2005, a Notary Public, TAWNYA L. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this __ day of 2005, a Notary Public, FRANCIS D. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein <contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. : SS: Notary Public 12 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this ~ day of ~f a copy of the Qualified Domestic Relations Order was served by first -class, postage prepaid ,2005, United States mail in Carlisle, Pennsylvania upon the following: Michael A. Scherer, Esquire: 19 West South Street Carlisle, P A 17013 IRWIN &: McKNIGHT ~!q#L " " '" ,-, , ........... (~) -:1 ,-, -T' L. .. I Co'. C,' '.. , l'~ RECEIVED AUG 09 ZOQ5, v Domestic Relations Order For Carlisle Corporation Employees Incentive Savings Plan IN THE MATTER OF THE MARRIAGE OF IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TAWNYA L. BUCHER, Plaintiff, No. 01-4694 AND FRANCIS D. BUCHER, Defendant. IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER RELATING TO DEFENDANT'S RETIREMENT PLAN WITH CARLISLE CORPORATION AND NOW, thiY day Of~, 2005, it is hereby Ordered as follows: 1. This Order is intended to meet the requirements of a "qualified domestic relations order" as defined in Section 414(P) of the internal Revenue Code of 1986 ("Code") and Section 206(d) of ERISA. 2. This Qualified Domestic Relations Order is made pursuant to the Marriage Settlement Agreement dated June 7, 2005, relating to paragraph twelve (12) of said Marriage Settlement Agreement involving the Carlisle Corporation Employee Incentive Savings Plan of the participant, Francis D. Bucher. 3. The Court does hereby incorporate the Marriage Settlement Agreement, a copy of which is attached hereto as Exhibit "A", by reference as a part of this Order effective this date. 4. The Carlisle Corporation Employee Incentive Savings Plan ("Plan") is a retirement plan maintained by Carlisle Corporation. r- ~ - '0 '1'55 \1\ ~ ~\.\J u-~ rf> :II:: "'" \5 G ;?~! "'cr') :'t'.~~, ~,~ l~J,\ :"'---' ~..- . "~;. '5 <:.) ~ "'" .g, ~ ,.'.', , ,~,.'H 11>' , . : f 5. The Participant in the Account is Francis D. Bucher ('''Participant''), whose last known address is 2722A Ritner Highway, Carlisle, Pennsylvania 17013, and whose Social Security numberis 172-52-4278. The Participant's date of birth is August 14, 1957. 6. The Alternate Payee is Tawnya L. Bucher ("Alternate Payee"), whose last known address is 140 CME, Newville, Pennsylvania 17241, and whose Social Security number is 198-52-1527, The Alternate Payee's date of birth is July 5,1964. The Altemate Payee is the former spouse of the Participant. 7. The Account Administrator is Carlisle Corporation, its successors or assigns. 8. The Participant and the Alternate Payee were married on October 10, 1987, III Cumberland County, Pennsylvania. 9. The Court hereby assigns to the Alternate Payee Ninety Thousand Three Hundred Sixty- Two and 00/100 ($90,362.00) Dollars from the Participant's Plan to be transferred into a separate account established for the Alternate Payee in accordance with Paragraph Twelve (12) of the Marriage Settlement Agreement. 10. As soon as practicable after this Order is determined to be qualified by the Account Administrator, such amounts shall be withdrawn from the funds in the Participant's account and invested in such fashion in a separate account maintained for the benefit of the Alternate Payee. On and after the date such account is established the Alternate Payee shall have the same ability to designate the investment of those amounts as the Participant would otherwise have had with respect to those amounts. 11. Payment of the Alternate Payee's benefit shall be made as soon as administratively practicable after the Order is determined to be qualified. Such request shall be on a form provided by the Account Administrator. Payment shall be made in a single lump sum payment. 12. The Alternate Payee may designate a beneficiary to receive payment of the Alternate Payee's remaining interest in the Plan, if any, upon the Alternate Payee's death. Any such beneficiary designation shall be made without regard to any d,~signation by the Participant of a beneficiary with respect to the Participant's interest. 13. The assignment of benefits to the Alternate Payee shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee will not be entitled to any survivor benefits attributable to the Participant's benefits under the Plan unless the Participant designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan. 14. The Participant, Alternate Payee and the Court intend this Order to be a qualified domestic relations order within the meaning of Section 414(p) of the Code and Section 206( d) of ERISA. Accordingly, this Order shall not require the Plan to provide under any circumstances: (i) any type or form of benefit, or any benefit option, not otherwise provided under the Plan; (ii) provide benefits in excess of the value of the Participant's account or as of the date the separate account is established for the Alternate Payee; or (iii) benefits that are required to be paid to another alternate payee under another order previously detennined to be a qualified domestic relations order. This Order relates to the provision of marital property rights of a former spouse of the Participant and is made pursuant to this State's domestic relations laws. 15. In the event this Order is found by the Account Administrator of the Plan not to be a qualified domestic relations order, the Court shall retain jurisdiction to modify the Order as necessary for the Account Administrator to accept the Order and pay benefits in accordance with its provisions. ... 16. The assignment made by this Order shall be permanent. On and after the date of this Order, the Participant shall have no further right or interest in the portion of the Participant's account balance which is hereby assigned to the Alternate Payee and the Alternate Payee shall have no right or interest in the portion of the Participant's account balance that is not assigned to the Alternate Payee pursuant to Paragraph twelve (12) above. Nothing in this Order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiary under the Plan, with respect to the portion of the Participant's account balance not assigned to the Alternate Payee, 17. The Alternate Payee shall be responsible for the payment of all taxes due on amounts paid to the Alternate Payee. The Account Administrator and trustee of the Plan are hereby authorized to withhold tax as required under law and to report any such withholdings and taxable income to the taxing authorities. Respectfully submitted, IRWIN & McKNIGHT --- D~ glas . Miller, Esquire Attorney I.D. # 83776 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Attorney for Plaintiff Dated: t1v,..y I$" ~.'{" BY THE COURT: ~. tf~ J. " .. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~day of S' (,AM..... , 2005, by and between TAWNYA L. BUCHER, (hereinafter referred to as "WIFE") and FRANCIS D. BUCHER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 10, 1987, and separated on or about August 4, 2001; and WHEREAS, diverse, unhappy 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 fmally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: l. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties ofthe parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Douglas G, Miller, Esquire of Irwin & McKnight; HUSBAND is represented by Michael A. Scherer, Esquire of O'Brien, Baric & Scherer; 2 (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agrf:ement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forev'~r and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each 3 party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that marital property located at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold WIFE harmless from any obligations on said payments and indemnify her if any claim is made against her. In furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute a Deed conveying her interest in the property to HUSBAND. HUSBAND agrees to refinance the existing mortgage obligations on the property within forty-five (45) days from the date of this Agreement and thereby remove WIFE'S name from said obligations. HUSBAND further agrees to pay WIFE the sum of Fifty-Eight Thousand Five Hundred and 00/100 ($58,500.00) Dollars as part of his refinance of the property, The parties are the joint owners of two (2) cemetery spaces in Cumberland Valley Memorial Gardens by virtue of a Deed dated June 25, 1999, The parties agree to divide the ownership of said lots, whereby HUSBAND will convey all right, title and interest in one of the spaces to WIFE, and WIFE will convey all right, title and interest in the other space to HUSBAND, The parties agree to execute any and all documentation necessary to divide the 4 spaces as agreed within forty-five (45) days of the date of this agreement. It is the intent of the parties that WIFE will then sell or transfer her space to another location within the cemetery. 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: HUSBAND agrees that WIFE shall receive the following additional items of personal property within thirty (30) days, some of which items were the property of WIFE prior to the marriage of the parties: plate set, two (2) silverware sets, blue tin container set, Garfield VHS movie, exercise VHS tapes, medium duster coat, brass bear figurines, Charlie Brown books, remaining pair of ice skates, wire cutters, battery post cleaner, games and doll baby with clothes located in closet box, Barbie puzzle, candle and Bible picture in metal frame, sewing basket, kitchen picture, living room picture, lighthouse picture in bathroom, grandparents' china closet, Tupperware containers, square roasting pan, lasagna pan and server, typewriter, breast collar to horse saddle, wedding proofs, box of family photographs in basement, loveseat and small oval coffee table (both in basement), Pampered Chef chopper, salt & pepper shakers and candles located in dining room box, and the keys to the 1996 Chevrolet Blazer in the possession of HUSBAND. WIFE agrees to return to HUSBAND the garage door opener to the marital residence and one of the two horse saddles in her possession as 5 agreed upon by the parties. WIFE further represents that she no longer has in her possession any keys to the marital residence. After the transfer of the above-referenced items, the parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE, Henceforth, each of the parties shall own, have and enjoy indepl~ndently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to tnmsfer title of any jointly titled vehicles that HUSBAND may have in his possession. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial r'~sponsibility associated with said vehicles. HUSBAND hereby waives all right, title and inte:rest in any vehicle that WIFE currently owns or may own in the future. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may have in her possession. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any ve:hicle she may own, and shall be 6 solely responsible for all insurance and other financial responsibility associated with said vehicles. 11. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indenmify the HUSBAND against all debts incurred by WIFE after the date of separation. 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 fulther 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 indenmify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indenmify the WIFE against all debts incurred by HUSBAND after the date of separation. 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 indenmify and save WIFE harrnless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: HUSBAND agrees to transfer to WIFE the sum of Ninety Thousand Three Hundred Sixty Two and 00/100 ($90,362.00) Dollars from his Employee Incentive Savings Plan, HUSBAND repn:sents that he has not withdrawn any funds or otherwise encumbered said Savings Plan since August 4, 2001. The parties shall 7 cooperate in executing any and all documents necessary to effectuate the transfer of this Savings Plan to WIFE. The parties authorize legal counsel for WIFE to execute the QDRO approved by the administrators of the Employee Incentive Savings Plan uJr submission to the Court of Common Pleas of Cumberland County. In furtherance thereof, HUSBAND authorizes the administrators of the plan to communicate with legal counsel for WIFE in order to effectuate the above transfer. The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE specifically agrees to waive all right, title and interest in the Carlisle Corporation Pension in the name ofHUSIlAND. HUSBAND specifically agrees to waive all right, title and interest in the 401(k) retirement account in the name of WIFE through her employment with Ross Distribution. The parties agree to execute any and all documentation which may be necessary to confirm the waiver of their interests in said accounts. 13. BENEFITS. STOCK AND BANK ACCOUNTS: WI][?E agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. WIFE agrees to transfer a principal sum of money into a PUTMA account in the name of HUSBAND and the parties' daughter, Heather M. Bucher, such that the balance shall be equal to the amount in a similar account in HUSBAND'S name and the name of the parties' other daughter, Jennifer L. Bucher, within fifty (50) days of this Agreement. The funds in these accounts shall be used exclusively for each respective daughter's support, maintenance, education, and medical care. WIFE further agrees to deposit of sum of One Hundred and 00/100 ($100.00) Dollars into each ofthe daughter's accounts within fitly (50) days of this Agreement. 8 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute: and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15, BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall 9 include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony., alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. ENTIRE 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. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorney fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and 10 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be: necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ~4'~ fA..- l. ~~(SEAL) TAWNYA' .BUCHER WITNESSES: #th~ ~~A/7) J/4hA CIS D. BUCHER (SEAL) II COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: PERSONALLY APPEARED BEFORE ME, this __ day of 2005, a Notary Public, TAWNYA L. BUCHER, known to me: (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Nota.ry Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this __ day of 2005, a Notary Public, FRANCIS D. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. SS: Notary Public 12 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this ~ day of ~f a copy of the Qualified Domestic Relations Order was served by first -class, postage prepaid ,2005, United States mail in Carlisle, Pennsylvania upon the following: Michael A. Scherer, Esquire 19 West South Street Carlisle, P A 17013 IRWIN & McKNIGHT ~~~ ~~ ~'^ C1 1'""-'" o -- ~\ .~~~'\ \', I , I' .... ~