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HomeMy WebLinkAbout01-04694IN THE COURT OF COMMON PLEAS TAWNYA L. BUCHER, Plaintiff VERSUS _~B NCIS D. BIICHER. Defendant N O. 01-4694 DECREE IN DIVORCE ,~// AND NOW, Ya.... ~~ zQ's IT IS ORDERED AND DECREED THAT TAWNYA L. BUCHER PLAINTIFF, AND FRANCIS D. BUCHER ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dated June 7, 2005 and sigped by the parties is hereby incorporated into this decree but not merged. BY THE yOURT: ATTE~iT! ~ J. G// PROTHONOTARY OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ' ~mwtls~cxa~~mim~.rxfi~uven,u~zv ate..:.-~":.ama~aas wfrcm _=cur ItlN'irwr~11dai ~.. s r-. ,. TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 CIVIL TERM IN DYVORCE PRAECH'E TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(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 3301(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 3301(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 i s .- Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 8, 2005 Douglas G. filler, ~ squire Attorney for Plaintiff Date: June 9, 2005 4 t ~~v N i L d _ v i --i -; r i'M1 ~: ~ ` r` ~-- G i'iR , _ ~ T ' ter' 1 J,. XE '/~.'; ~ it +~z i( , ,_ - .ro ~j ~.. ~^l Ci ~ y ~ ~ c aS? TAWNYA L. BUCHER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. O1 - 4694 CIVIL FRANCIS D. BUCHER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~~ day of , 2005, the economic claims raised in the proceed ngs 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. cc: .1~'ouglas G. Miller Attorney for Plaintiff ~Yi.chael A. Scherer Attorney for Defendant BY THE COURT, o e Hoffer, P.J. I~'~oh ~~ O` _.~ ~ ~' ~~ ~ c m ~r ~_. Q '~; ~ '. w ~~ ~ ~ ._,._ ;.n. o ~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this `day of ~ I,1nrQi , 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. z. 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 fmal 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 counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (S) 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 refmance 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 _.._.. is 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) silverwaze 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, Bazbie puzzle, candle and Bible picture in metal frame, sewing basket, kitchen picture, living room picture, lighthouse picture in bathroom, grandparents' china closet, Tupperwaze containers, squaze 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 persona] 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 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 indemnify the HUSBAND against all debts incun•ed 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 indernify 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 00/100 ($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 maybe 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 of this Agreement. s 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a fmal 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. $REACH: 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 maybe 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 constmed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or 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 .. .._.. .~.,.,.,~.a._....,... . .2... _ L, .. 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: (SEAL) CISS DBUCAE~ 11 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND 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 P lub is r~ ,;~P~~'ic r: P'v4ricia 3.1'arrr;, Carlis4el ~5'a.,f'orberizi~v:azz^.i9 M ~,tu~c26, 26"v~'~ y commisc;.o~! a;'P.6. ,. - COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ,7 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. ~Gr~pL `~ +~.Q.-~ Notary Pub ~~u~r fs:~;~yt, s~'Al, Pahie'sa S.1'~sn?ut,1~~o5agy P~eht;o Cariie3.e f~;oacr, C_tinaeert~e,? ~oar49 My acmmis~i~~ e;_~~~s lur,c?6,'!;08 y 12 u L I I t TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW FRANCIS D. BUCHER, NO. DI -'~J~4'y CIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment 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 rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary 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 ~~: ~~ TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OI _~i6Qy CIVIL TERM 1N DIVORCE / COMPLAINT IN DIVORCE NO FAULT 1. 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 adult individual currently residing at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately 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 the Plaintiff nor the Defendant are members of the 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 not desire that the Court require the parties to participate in counseling. .~~ ~ ~ . x ~a: ;_ 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 that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. Respectfully submitted, Kati J~J Marylou s, Esquire Attorney for laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 vz4. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. TAWNYA . BUCHER, Plaintiff .m~ur,.rr a,~..=rr u~L~+.m~~.~!45,rz .. .- .;,.'~ i .., .., --~ !., _-^¢,.w.ewMZm. ,.. .,~,._+".~ ....... .,-..:.w.~.. Q 1n ~~ y CM --- - _i ~ ,~, ~~ Z, ~ ., : ~>,. , , 9 ~ ~~; - v :~ ;-~ _ , `-. ~-: C ~~ : s ._ ~ ..._ .. ~- ~ .. _~ _,.- ~r_ TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW FRANCIS D. BUCHER, NO. 01-4694 CIVIL TERM Defendant, IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 23rd 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 mall, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on August 18, 2001. ~''U~Gc/t.cll~u,~ ~/~C~.,f~~~~1 Marylou`Ma Esquire `- Attorney for 'tiff GRIFFIE 8c ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Sworn and subscribed to before me this o~.3 ={ day of 'f' , 2001. NOTARY LIC Notarial Seal Robin J. Goshom, Notary Publ~ Carlisle Boro, Cumberland C.axflv My Commission Expires Apr. 17, 2609 G c„~ c -- -~~-; - -_~, ~~ l~ i 11..I 1 .~ 1~:. ~~ c;-~ 2` 1> C. r.:;. _~ f:': ~- p ~ Postage $ Q' ~ a Certifietl Fee ~ RelwR Receipt Fee (Endorsement Required) RI p Restrictetl Delivery Fe9 p (EntlSrsement Required) ~ p Total Postage & Fees g ~ tent's Name (PI sa P - ----- - l7 ' ,State, ~IP rv i t0 Sjl~ H .' 1Ry~oa iteerl"~4'rf Fl,estricted Delivery is de9ired. f Print yolr:name and address on the reverse so that wp can return the card to you. f kEtach ttds cab to the back of the mattpiece, ar en the front if space permits. 1. Article Addressed to: ~~~ci5 ~, 8~cher 2~ZZ-A- ~)fhe~- fh`yh C. Si na re L D Agent D. Is delivery address different from item 1? ~ Yes" If YES, enter delivery address below: ^ No ~Cert~ed Mail ^ Express Registered ^ Return F ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from seMCe labeq `7060 ltmnf~~ G f~ ~'S f5%,Q~ , PS Form 3811, JUIy 1999 DomestlG Retum Receipt 192595-W-M-0952 TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 CIVIL TERM 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: ,,, (.tMPf ~ . ~<~~ ~- ~(.~~' ~ TAWNYA Plaintiff Ci ^~ CC o° O a, ' cn '71 T ~-( C ~ , ' `_' ~ ~ C7 ~ CA ~ f",l `~ -''j ~ A ..... -.~ ~~ TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUE5T 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. 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 Prothonotazy. 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: ~/(i1ML'l~ o~f70.s I ~.. ~ •'i!~~"- TAWNYA L. UCHER Plaintiff ~ ~ 'S?CA; . ~' y [,~'F1'i rt =,: 6 U _ ~ p J -i ~t:~ -r. .L ~: y u..,. ~ ~ F b ~ ~ ~. ~ TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 IN DIVORCE DEFENDANT'S AFFBDAVIT 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 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 ,~vyu,}~ ln, 2~~ 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 that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~7's~.~ ~-,~j,~i/1~~?~i~.r Francis D. Bucher t' w n;~:, ~ ~ z ~ ~ ; ~ ~ ''C:. ~p ~r'ta C .~"' , .~ ~ e~~ IN THE COURT OF COMMON PLEAS OF ,, CUMBERLAND COUNTY, PENNSYLVANIA TAWNYA L. BUCHER , `~ CIVIL ACTION - LAW Plaintiff vs. N0. 11 qq CIVIL 19 : II~t DIV~KCE694 FRANCIS D. BUCHER Defendant STATUS SHEET DATE: ACTIVITIES: / I ~I ~ V p ~.1~~ /d A 1 ~ ,7~ 5 ~ ` 7X U ~ ( > f ((nn,, { ~ f~ Vl •' 47-x/ . , I t' l /~ / / ~t ) ~u ~~ ~ G.-f/~~ / Gti"1. c .,~ ~. (y ° , t ~ 1f ~ ~li~~ '/t~'~t~~~if(~~~,~"`~~k"v~Vi"i ''~d~t".'~~Y~~1V~~,~~a;~~ ~l~~~J~ - 171 41VV1 ~t~~ y ~~ ~ ~:.~.u.-G. ~.,~.~ ~ -~~ ~ti i-~'"°~ (j '`.~•~,t L+L~ua.a..~~.l ' ~~-u".~^"-5 6 d G`~u.-~--~1; c.~r taw. ~ ~,~ ~ ~ ~~ >c.~tco ~'` ~G..a~.e.~n. 2R.~ ~''-~-'~ -~ ems, ~ ~t~r-~s^ca;~{ g 1 TAWNYA L. BUCHER, Plaintiff vs. FRANCIS D. BUCHER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. O1 - 4694 CIVIL IN DIVORCE TO: Douglas G. Miller Michael A. Scherer Attorney for Plaintiff Attorney for Defendant DATE: Tuesday, June 29, 2004 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. TAWNYA L. BUCHER, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Ol - 4694 CIVIL FRANCIS D. BUCHER, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES T0: Douglas G. Miller Counsel for Plaintiff Tawnya L. Bucher Plaintiff Michael A. Scherer Counsel for Defendant Francis D. Bucher Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 13th day of April 2005, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 3/28/05 E. Robert Elicker, II Divorce Master ~-r TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 CIVII. TERM 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, Date: 3 , 2005 IRWIN & McKNIGHT Douglas Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional 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, BARK & 5CHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: February, 2005 IRWIN & McKA1IGHT Douglas C{,/Miller, Esquire Supreme Court I.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 J ~( ~~'L r~ £~ n~ r> [- ra Cli r.,-~ ~.~. -'1 _ r~•i c-~ ca _. 1 -.. w =~; ~ -. z J`~ i_. PJ ®-~ tel '~ ~r C_1 ~! , _~..n ~C'7 ~~77 -I TAWNYA L. BUCHER, Plaintiff vs. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. O1 - 4694 CIVIL IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Tuesday, January 25, 2005 Present for the Plaintiff, Tawnya L. Bucher, is attorney Douglas G. Miller, and present for the Defendant, Francis D. Bucher, is attorney Michael A. Scherer. A complaint in divorce was filed on August 7, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel have indicated that the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. Counsel will provide affidavits and waivers at the conference to be scheduled on March 28, 2005. An amended complaint was filed by the Plaintiff raising economic claims of equitable distribution, alimony, and counsel fees. With respect to the alimony claim, counsel have previously indicated that we are not going to proceed with a cohabitation issue which was previously raised and as a result of not pursuing that issue, the alimony claim is going to be withdrawn. Consequently, we are left with a claim for equitable distribution and a claim for counsel fees. At the last conference on November 24, 2004, the Master noted certain issues that needed to be addressed, namely, pension values, vehicle values, household personal property values and a house appraisal. Counsel have made some progress with regard to values but we still need to get a value on the SynTec pension of Mr. Bucher, we need to determine if we can stipulate to the vehicle values and we need to determine how we are going to handle the household tangible personal property. With respect to the house appraisal, Mr. Scherer has indicated that he will agree that the market value of the house is $177,000.00. We need to have a mortgage payoff, however, as of the end of March 200` to determine a net equity. 1 After discussion this morning with Sharon L. Walters of SynTec, Mr. Scherer is going to receive some requested pension information which he will share with Mr. Miller. Counsel have advised that the pension is going to be offset against other assets; therefore, we need to apply a coverture fraction in accordance with the new amendments to the Divorce Code. Mr. Miller can determine whether or not he wants to have the present value of the pension determined by an actuarial valuation. A conference is going to be scheduled with counsel and the parties for Monday, March 28, 2005, at 9:00 a.m. At that time counsel are directed to provide spreadsheets to the Master for use at the conference in an effort to try to settle this case. If values are not set forth on any assets by either of the parties based on an expert opinion, the Master will hear a party's personal opinion as to values but, nevertheless, the Master is more inclined to accept an expert opinion as to values. If no opinion is offered, the Master can choose to ignore any offers of evidence regarding values. A praecipe needs to be filed with the Prothonotary withdrawing the claim for alimony. In the event that we do put an agreement on the record, we can simply reiterate the fact that the alimony claim has previously been withdrawn and is not an issue pending before the Master. Notices will be sent to counsel and the parties for the conference to be held on Monday, March 28, 2005, at 9:00 a.m. Wife's address is 140 CME, Newville, Pennsylvania 17241; husband's address is 2722-A Ritner Highway, Carlisle, Pennsylvania 17013. E. Robert Elicker, II Divorce Master cc: Douglas G. Miller Attorney for Plaintiff Michael A. Scherer Attorney for Defendant 2 TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 4694 CIVIL FRANCIS D. BUCHER, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES T0: Douglas G. Miller Counsel for Plaintiff Tawnya L. Bucher Plaintiff Michael A. Scherer Counsel for Defendant Francis D. Bucher Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 28th day of March 2005, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II January 25, 2005 Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240-6535 E. Robert Elicker, II Divorce Master West Shore 697-0371 Ext. 6535 Traci Jo Colyer Office Manager/Reporter July 19, 2004 Douglas G. Miller Michael A. Scherer Attorney at Law Attorney at Law IRWIN & McKNIGHT O'BRIEN, BARIC & SCHERER 60 West Pomfret Street 19 West South Street Carlisle, PA 17013 Carlisle, PA 17013 RE: Tawnya L. Bucher vs. Francis D. Bucher No. O1- 4694 Civil In Divorce Dear Mr. Miller and Mr. Scherer: It appears as if there are some outstanding answers to interrogatories which have been propounded by Mr. Miller; it appears as if Mr. Scherer expects receiving information that he needs from the Human Relations Department at Carlisle Syntec within 30 days of July 8, the date of his certification. I am going to proceed with a directive even though there seems to be some outstanding discovery issues. A complaint in divorce was filed on August 7, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. An amended complaint was filed by the Plaintiff (titled Defendant's amended complaint) raising economic claims of equitable distribution, alimony and counsel fees. I assume that the parties will either sign affidavits of consent or have been separated for a period in excess of two years so that there is no issue with respect to grounds for divorce. ., Mr. Miller and Mr. Scherer, Attorneys at Law 19 July 2004 Pale 2 In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, August 23, 2004. Upon receipt of the pretrial statements, I will immediately schedule apre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. The complaint was filed by Marylou Matas and I do not see a withdrawal of appearance in the file and an entry of appearance by Mr. Miller. I would ask counsel to update the status of counsel's representation. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. cc: Marylou Matas, Attorney at Law TAWNYA L. BUCHER v, FRANCIS D. BUCHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. Ol - 4694 IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Tawnya L. Bucher Douglas G. Miller Francis D. Bucher Michael A. Scherer Plaintiff Counsel for Plaintiff Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the day of 2005 at g:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, Geor e E. Hoffer, Presiden Judge Date of Order an4/13/05 Notice: Divorce Master 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. By: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW N0. Ol - 4694 CIVIL FRANCIS D, BUCHER, , Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFEFENCE T0: Douglas G. Miller Attorney for Plaintiff Michael A. Scherer Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 25th day of January 2005, at 9:00 a.m., at which time we will define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/14/05 E. Robert Elicker, II Divorce Master 01-04-2005 14:14 FROt7-IRWIN 6 lAcKNIGNT LAW OFFICES +7172466354 LAW OFFICES IR WIN ~ McK1VIGHT WEST POMFRET PROFESSIONAL BUILDING s0 WEST POMFAET'STREET ROGER B. IRW1N CARLISLE, PENNSYLVANIA 17073-3222 MARCUSA. McI:NIGBr: pl DOVGfAS G. MILLER (717J 249.2353 MATTHPW A. MrXNIGBf FAX (717J 249-6354 WWWIMNLAWGOM January 4, 2005 VIA FACSIMILE ONLY (717) 240-7890 ROBERT F. FLICKER DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: TAWNYA L. BUCHER v. FRANCIS D. $UCHER NO._ 01.4694 Dear Mr. Flicker: 7-173 P.002/002 F-336 hIAROLD S. (RWIN (l915J9771 11AROLDS IRWIN. JR. f(95a-l9hG) IRWIN. lRW1NhlItW1N (1956.1986) /RW/K IRWM d McKNIGM- (19Eb~199q /RWIN, MrRNIG/? b DUfi9fS p99a-2003) /RWINd MrKNIGNT /lUU.1. ) At the hearing held on November 24, 2004, the parties agreed to have an appraisal performed on the marital property. Please be advised that we have received the appraisal and are prepazed to move this matter forwazd. Therefore, please proceed with scheduling the hearing on the earliest available date. Thank you for your attention to this matter, Very truly yours, TRWIN & MCKNIGHT ~~~~ Dougla G. Miller DGM:tds cc: Tawnya Bucher (w/ene) Michael Scherer, Esquire (w/enc) ~-~~ ~~ ~ TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW No. 01-4694 FRANCIS D. BUCHER, Defendant IN DIVORCE HUSBAND'S PRETRIAL STATEMENT PURSUANT TO PA.R.C.P 1920.33(b) Fran Bucher is 47 years old and in good health. He remained in the marital residence with his two daughters, Jennifer Bucher, age 15 and Heather Bucher, age 14, when wife left on August 3, 2001 to live with her boyfriend. Fran works for Carlisle Syntec as a laborer and has gross weekly pay of approximately $1,100.00. Fran works a substantial amount of overtime to realize this pay. 1. Assets a. Marital residence located at 2722-A Ritner Highway, Carlisle, Pennsylvania. The house needs appraised, and there is a mortgage against the house with a payoff as of the date of separation of $25,135 and the current payoff is approximately $15,000. b. 1988 Chevrolet pickup truck. This truck has 230,000 miles on it and is has not been dependable lately. Husband estimates the fair market value to be approximately $3,500.00. There is a lien against the truck in the amount of $6,500.00. c. 1998 Pontiac Sunfire. This is a vehicle that Fran purchased for Jennifer for $3,300. There is a lien in the amount of $3,300. d. 1973 17' camper. Husband thinks this may be worth $500 or so and there is no lien against it. e. 1996 Chevrolet Blazer. Wife drives this and Fran's last information regarding fair market value came from Rufe Chevrolet, who said the vehicle was worth $9,500 but Fran does not have the particulars regarding lien amount. f. 1977 Chevrolet Truck. This truck is in very bad shape and may be worth $250 or so and there is no lien. g. Motorcycle. Wife took possession of a motorcycle at the time of separation and Fran doesn't have the particulars regarding fair market value or lien amount. 2. Experts. Areal estate appraiser may be needed to testify to the value of the marital residence if the parties cannot agree on the value. 3. Fran will testify at the hearing and he will call the wife as on cross- examination. 4. Fran will introduce his federal, state and local income tax returns along with a current paystub from his employment. He will also introduce a payoff statement for the marital residence. He will also introduce records of his 401 k and Syntec pension. 5. Husband's gross income for 2004 is approximately $1,100 per week, which requires him to work a lot of overtime. His net pay based upon gross income for 2003 and actual taxes paid was $980 per week. 6. Fran will prepare and income and expense statement for trial. 7. Fran's 401k balance as of the statement received immediately after the date of separation was $125,367. Husband also has a company paid retirement plan with a value of $23,177 as of the date of separation. 8. Counsel fees are not involved in this case. 9. Tangible personal property has not be evaluated. 10. Marital debt has been addressed above. 11. Fran's last proposal was that the equity in the marital residence be divided equally and that each party keep their own retirement accounts. Respectfully submitted, O'BRIEN, BARK & SCHERER Mic ah el A. Scherer, Esquire Attorney for Fran Bucher I.D. #61974 19 West South Street Carlisle, Pennsylvania 17013 ~sf 2 3, ZoP H (717) 249-6873 Date: 5 mas.d i r/domesticlbucher/pretrial.d ivorce Michael A. Scherer O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 RE: Francis Bucher Social Security # 172-52-4278 Dear Mike: In response to your December 3, 2003, letter to Vickie Hippensteel requesting information on the value of Mr. Bucher's company-sponsored retirement plan, that value as of August 1, 2001, would have been approximately $23,177. Please feel free to contact me directly if you need additional information. Sincerely, ~ `~~J~~~-t.~-/ ~~o Sharon L. Walters Carlisle SynTec Incorporated /slw G~'~ '~° E ';; tar Cu1gN S/nT~clh1 ~u d~Nfle Rmflnp bypwm,lne Human Resources/Payroll Box 7000 Carlisle, PA 17013 July 23, 2004 Phone (717) 245-7000 Payroll Fax (717) 245-7085 H.R. Fax (717) 245-7285 CERTIFICATE OF SERVICE I hereby certify that on August 23, 2004, I, Michael A. Scherer, Esquire, did serve a copy of Husband's Pretrial Memorandum to the party listed below, via first class mail, postage prepaid, as follows: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 ~~~0 `lam Michael A. Scherer TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION FRANCIS D. BUCHER, :PACSES NO. 69510411 Defendant .._ Off` 0~ 1694 C~/IL T FRANCIS D. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION TAWNYA L. BUCHER, :PACSES NO. 870103726 Defendant NO. 650 SUPPORT 2001 INTERIM ORDER OF COURT AND NOW, this 2nd day of April, 2002, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A". it is ordered and decreed as follows: A. The wife's claim for alimony pendente Iite is denied. B. The Defendant's petition for modification of her child support obligation is granted. The Defendant shall pay for the support of her children, Jennifer L. Bucher, born October 23, 1988, and Heather M. Bucher, born March 30, 1990, the sum of $541.00 per month. C. The Defendant shall pay the sum of $43.00 per month on arrearages. D. The Defendant shall pay 35% of unreimbursed medical expenses incurred by said children that exceed $250.00 per year per child, and the Plaintiff shall pay the remaining 65% of said expenses. E. The effective date of this order is December 4, 2001. F. Except as modified herein, the order of October 29, 2001, shall remain in full force and effect. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no ~s Hhv~svh3~n.~ a .a-,n.,w .. e. _~,..a. v .. _ _ .~ ,. ~,.r._ £'~ ~E ~~d ~ _ ~d~ ~Ci exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court, /s~ Kevin A. Hess, J. CC: Tawnya L. Bucher Francis D. Bucher Marylou Matas, Esquire Michael A. Scherer, Esquire DRO ~_ - ~' Coil TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION FRANCIS D. BUCHER, :PACSES NO. 695104111 Defendant N0. 0111694 CIVIL TERM FRANCIS D. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION TAWNYA L. BUCHER, :PACSES NO. 870103726 Defendant N0. 650 SUPPORT 2001 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on March 21, 2002, the following report and recommendation are made: FINDINGS OF FACT The Plaintiff in the divorce action and the Defendant in the support action is Tawnya L. Bucher, whose mailing address is P.O. Box 331, Newville, Pennsylvania, 17241. 2. The Defendant in the divorce action and the Plaintiff in the support action is Francis D. Bucher, who resides at 2722A Ritner Highway, Carlisle, Pennsylvania. 3. The parties are husband and wife having married on October 10, 1987. 4. The parties are the parents of two children, Jennifer L. Bucher, born October, 23, 1988, and Heather M. Bucher, born March 30, 1999, both of whom reside with their father. 5. The parties separated on August 3, 2001, when the wife left the marital residence. 6. On August 7, 2001, the wife filed a complaint in divorce. 7. On August 9, 2001, the husband filed a complaint for the support of the children. Exhibit "A" 8. On October 29, 2001, an order was entered obligating the wife to pay child support in the amount of $569.62 per month effective August 9, 2001. 9. On December 4, 2001, the wife filed a petition to modify her child support obligation. 10. On December 7, 2001, the wife filed a petition for alimony pendente lite in the divorce action. 11. At the hearing held before this Master the parties stipulated that the wife's net monthly income was $1,965.10 and that the husband's net monthly income was $3,617.11. 12. The husband has health insurance on himself and the children for which he pays $19.32 per week. 13. The wife resides with a friend with whom she shares monthly expenses for housing, utilities and food. 14. The wife was current on her legal fees in the divorce action through February, 2001. 15. The wife's roommate has income equal to or in excess of her own. DISCUSSION The determination of whether to award alimony pendente lite has traditionally been a matter of discretion for the trial court. Litmans v. Litmans, 673A.2d. 382 (Pa. Super. 1996). The party claiming a right to APL has the burden of showing that the award is necessary to preserve his or her rights in the divorce litigation. Sutliff v. Sutliff, 474 A.2d. 599 (Pa. Super. 1984), overruled on other grounds, Rosen v. Rosen, 549 A.2d. 561 (Pa. Super. 1988). If the spouse seeking APL has sufficient assets to meet the needs of the litigation and is equally able to maintain or defend the action, APL generally will not be awarded. Powers v. Powers, 615 A.2d 459 (Pa. Super. 1992). Factors to be considered in determining entitlement to APL are the ability of the other party to pay, the separate estate and income of the claimant, and the character, situation, and surroundings of the parties. Litmans v. Litmans, supra. If the Court finds that the claimant is entitled to an award of APL, the amount of the award is calculated pursuant to the support guidelines. Rule 1910.16-1, Pa. R.C.P. In this case the husband's income is higher than his wife's. His net monthly income is $3,617.00, while his wife's is only $1,965.00. However, the fact that one spouse earns less than the other does not automatically entitle that ...au4dL.. .l spouse to an award of alimony pendente lite. Dietch v. Dietch, 87 Berks C.L.J. 210 (1995); Nemchik v. Nemchik, 53 Somerset L.J. 260 (1995); Clouse v. Clouse, 50 Cumberland L.J. 167 (2001). The wife has not presented testimony that showed she was unable to adequately advocate or defend her rights in the divorce action. The divorce complaint was filed by the wife in August, 2001. She was current on her attorney's fees through February, 2002. (See Defendant's Exhibit 3). The wife has taken up residence with a friend with whom she is sharing living expenses. That friend has an income which exceeds her own. She and her friend have acquired a home together. Although she has no significant assets beyond her income to utilize in the divorce litigation, her income alone, when considering her reduced expenses, is adequate. Consequent{y a recommendation will be made to deny her claim for alimony pendente lite. The wife has also filed a petition to modify her child support obligation. A party seeking to modify a support obligation bears the burden of demonstrating a material and substantial change of circumstances that will justify the modification. McAuliffe v. McAuliffe, 613 A.2d. 20 (Pa. Super. 1992). When the original order of child support was entered on October 29, 2001, the wife's net monthly income was $2,103.00. At the hearing held before this Master, her net monthly income was stipulated to be $1,965.00. The husband's income remained constant at $3,617.00. The wife's reduced income is a change of circumstance sufficient to warrant a reduction in her child support obligation. A guideline calculation utilizing the incomes as agreed upon at the hearing is shown on Exhibit A. The only adjustment made to the basic child support obligation is for the health insurance premium being paid by the husband. The wife's child support obligation is $541.00 per month pursuant to the guidelines. There are no factors that would justify a deviation of this order under Rule 1910.16-5.' RECOMMENDATION A. The wife's claim for alimony pendente lite is denied. B. The Defendant's petition for modification of her child support obligation is granted. The Defendant shall pay for the support of her children, Jennifer L. Bucher, born October 23, 1988, and Heather M. Bucher, born March 30, 1990, the sum of $541.00 per month. C. The Defendant shall pay the sum of $43.00 per month on arrearages. The additional income in the wife's household provided by her roommate will not be considered as a factor to deviate from the child support guideline as it was already considered in the wife's claim for APL. ~~~~ D. The Defendant shall pay 35% of unreimbursed medical expenses incurred by said children that exceed $250.00 per year per child, and the Plaintiff shall pay the remaining 65% of said expenses. E. The effective date of this order is December 4, 2001. F. Except as modified herein, the order of October 29, 2001, shall remain in full force and effect. ~~ti~, ~ z, zoo Date ~~Q~ Michael R. Rundle Support Master ,~ In the Court of Common Pleas of Cumberland County, Pennsylvania - -- --- -- _~ .. ... .a ..-_~.._. Support Guideline Worksheet - -,~ ... - - .~. R u/e 19M10.16-1.~et se :. _. .- ._ ... ~~._ _._. ___". _ ._ ~ _.. .. ~. _ Defendant Name: Tawnya L. Bucher Docket Number: 650 S 2001 PACSES Case Number: 870103726 Plaintiff Name: Francis D. Bucher Other Case ID Number: _ ---- --e ._~ ____~ Defendant Plaintiff 1. Number of De endents in this Case 2 2. Total Gross Month/ Income $1,965.00 $3,617.00 3. Less Month/ Deductions - - 4. Monthly Net Income Line 2 minus Line 3 $1,965.00 $3,617.00 5 a. Combined Total Monthly Net Income Amounts on Lfie 4 Combined $5,582.00 `_ 5 b. Derivative Soc. Sec. Benefits Paid to Child ren w._.a' - _ _ _ 5 c. Ad'usted Combined Total Month/ Net Income - 6 a. Child Su ort Obli ation based on Ad'usted Income Line 5c _ - 6 b. Less Derivative Soc. Sec. Benefits Line 5b - ___ _ _ __ 6 c. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Su ort Schedule $1,453.00 7. Net Income as a Percenta a of Combined Amount 35.20 64.80 8. Each Parent's Month/ Share of the Child Su -ort Obli ation $511.46 $941.54 9. Ad'ustment for Shared Custod Rule 1910.16-4 c # of Ovemi hts: - - 10. Ad'ustment for Child Care Ex enses Rule 1910.16-6 a - 11. Ad'ustmentfor Health Insurance Premiums Rule 1910.16-6 b $29.47 12. Ad'ustment for Unreimbursed Medical Ex enses Rule 1910.16-6 c - 13. Ad'ustment for Additional Ex enses Rule 1910.16-6 d - 14. Total Obli ation with Ad'ustments Lrne 8 minus Line 9, lus Lrnes 10,11,12,13 $540.93 15. Less S lit Custod Counterclaim Rule 1910.16-4 d - 16. Obligor's Support Obligation Line 14 minus Line 15 $540.93 Prepared by: mrr Date: 3/22/2002 _-- _. _ ... --~_ w.:. -Summa °Re ort _ S1. PACSES Multi le Famil Ad'ustment - S2. S ousel Su ort Award - S3. Ad'ustment for Excess Mort a e Pa ments If A licable - S4. Final Calculated Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3, if applicable Monthly: $540.93 Weekly: $124.49 TAX INFORMATION Tax Method Filin Status Exem tions S5. Defendant 1040 ES Married Filin Se aratel 1 S6. Plaintiff 1040 ES Head of Household 3 S7. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: -- - --- -- S8.Justification for Deviatin from Guidelines Calculation and/or Other Case Comments: SupportCalc 2002 F.xhihit- "A" i TAWNYA L. BUCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVA IA v. :CIVIL ACTION -LAW ~~~`~~~~~~~"' No. 2001- 4694 CIVIL TERM ° FRANCIS D. BUCHER, . Defendant : IN DIVORCE PRE-TRIAL STATEMENT AND NOW comes the Plaintiff, TAWNYA L. BUCHER, by and through her attorneys, Irwin & McKnight, and files this Pre-Trial Statement as required by Rule 1920.33 of the Pennsylvania Rules of Court, setting forth as follows: I. MARITAL ASSETS: See Inventory and Appraisement attached as Exhibit "A" for specific valuations. A. Real Estate: In 1987, the parties borrowed $50,000.00 to construct a residence on the property located at 2722A Ritner Highway, Carlisle. Defendant added Plaintiff to the Deed after the marriage of the parties. The property is now approximately 6.45 acres, which was expanded during the marriage after the purchase of additional acres. Plaintiff was forced to move from the property on or about August 4, 2001. Defendant continues to reside in the marital residence. B. Furniture and Personal Pronertv: Very little of the personal and household property of the parties has been divided. Plaintiff was not able to secure very many of her belongings when she was forced to leave the marital residence, and the majority of the parties' pictures, collections and belongings remain with Defendant in the marital residence. II. EXPERT WITNESSES: A. Experts may be involved for the valuation of Plaintiff's retirement benefits, the marital residence and perhaps other tangible personal property. III. WITNESSES: A. Tawnya L. Bucher will testify as to the mazital assets existing at the time of separation and other factors affecting distribution. B. Plaintiff reserves the right to call additional witnesses as needed. IV. EXHIBITS: A. Income and Expense Statement. B. Appraisals as necessary. C. Tax returns of Plaintiff and Defendant. D. Pay stubs and other income statements of Plaintiff and Defendant. E. Bank account statements of Plaintiff and Defendant. F. Retirement account statements of Plaintiff and Defendant. V. INCOME AND EXPENSES: A. Background: Plaintiff was born July 5, 1964, age 40. Defendant was born August 14, 1957, age 47. This is the Defendant's second marriage, and the Plaintiff's first marriage. The parties together have two daughters, ages 15 and 14, who currently reside primazily with Defendant. Defendant also has one adult son, age 24, from his prior marriage. Both parties have high school diplomas. 2 B. Plaintiff s Income: Plaintiff is employed full-time as a laborer with Ross Stores, Inc. Her current regular hourly wage is $11.39 plus available overtime. According to a Domestic Relations conference held on November 13, 2003, Defendant has a gross monthly income of $2,777.31, and a net monthly income of $2,168.83. Plaintiff receives health insurance coverage through her employment at a monthly cost of $278.53. An Income & Expense statement will be provided by Plaintiff prior to heazing. C. Defendant's Income: Defendant is employed full-time as a laborer with Carlisle Syntec Corporation. His current regular hourly wage is $17.48 plus available overtime. According to a Domestic Relations conference held on November 13, 2003, Defendant has a gross monthly income of $4,948.29, and a net monthly income of $3,838.87. Defendant has health insurance coverage available at no expense through his employment. This is the primary coverage for the parties' two children. VI. PENSION: See Inventory and Appraisement attached as Exhibit "A." VII. MARITAL DEBT: See Inventory and Appraisement attached as Exhibit "A." 3 VIII. ALIMONY: The Plaintiff, Tawnya L. Bucher, is seeking continuing alimony. IX. PROPOSED RESOLUTION: It is the Plaintiff's belief that the assets and debts of the parties should be divided equally. The Plaintiff additionally requests the payment of alimony, attorney fees and costs. Respectfully submitted, IRWIN & McIOtTIGHT By: ~• i Douglas .Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Tawnya L. Bucher Date: August 23, 2004 4 INVENTORY & APPRAISEMENT ASSETS Item Description Number of Pronertv Value 1. Marital Residence $144,880.00 2722A Ritner Highway approx. Carlisle, PA 17013 {tax assessment) Names of all Owners Lien Joint $14,997.69 as of 6/16/03 to Waypoint Bank (Maturity Date -111/08) $7,036.16 as of 6/16/04 to M&T Bank 2. 1446 Chevrolet Blazer $4,100.00 Joint (Wife) 3. 1988 Chevrolet Truck Value Unknown Joint (Husband) part of home (Defendant replaced engine 2001) equity loan to M&T Bank 4. 1998 Pontiac Sunfire Value Unknown Husband Unknown to M&T Bank 5. 1977 Chevrolet Truck $500.00 Joint Approx. 6. Horse Trailer Value Unknown Husband 7. 1973 17' Camper $1,000.00 Joint None Approx. 8. Honda NX250 Motorcycle $700.00 Wife (proceeds from sale in spring 2002) 9. Horses (Three at DOS) $2,200.00 Husband 10. Joint Checking Account -Just less than''/z withdrawn by Wife at DOS Allfirst Bank, M&T Bank 11. Savings Account $150.00 Joint -Husband & Daughter Savings Account $150.00 Joint -Husband & Daughter 12. Certificate of Deposit $1,000.00 Joint -Husband & Daughter Certificate of Deposit $1,000.00 Joint -Wife & Daughter 5 13. Carlisle Corp Employee Incentive Savings Plan Husband As of 6/30/01 $146,037.01 As of 6/30/04 $217,894.69 14. Ross Stores 401 (k) Wife As of 6/30/01 $18,529.61 As of 6/30/04 $29,833.06 15. Personal property including pictures, furniture, appliances, Dale Earnhart, Sr. collection, Depression era glass, etc. 16. Two (2) Uravesites Value Unknown Joint Exhibit "A" 6 ~.- -~, TAWNYA L. BUCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW No. 01-4694 CIVIL TERM FRANCIS D. BUCHER, Defen ant : IN DIVORCE ~q i~,) t~f~ t..S ""'c AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(cl and 3301(d1 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 1. - 10. The averments set forth paragraphs one (1) through ten (10) of Plaintiff's Complaint are incorporated herein as if fully set forth. 11. The Plaintiff and the Defendant have lived separate and apart since or about August, 2001. 12. Pursuant to the Divorce Code, Sections 3301(c) and 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 -EQUITABLE 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. t 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 HI ALIMONY AND COUNSEL FEES 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 Plaintiffs 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: . ' Dougla G. M, r, +squire Supreme Court I.D. 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 Cazlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUII2E O'BRIEN, BARK & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 Date: June 23, 2004 IRWIN & McI{NIGHT Douglas .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff Tawnya L. Bucher ~~~n ~ Y~ jJf ^( \\\ ~~[, 'P~ Q /v 0 '\/J~~~ ~'J r~ C. ~'_ ,G. ~' _. ~C,. N c. ~ ~-, f^~~ Li ~~ c.~ f .."5 C:+ C _i., :~ i. -~ 'r'r T~~;~ ~^ 7 `=. =.%'i _t% ~' Law Offices Robert L. O'Brien David A. Boric Michael A. Scherer E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE Dear Mr. Elicker: O'BRIEN, BARK & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Bucher v. Bucher In Divorce (717) 249-6873 FAX (717) 249-5755 email: mscherer(a~obslaw com July 12, 2004 Enclosed please find a copy of the "Certification" which {have prepared in connection with the above-referenced case. Thank you for your cooperation in this matter. MAS/ta Enclosure cc: Douglas G. Miller, Esquire Fran Bucher File Very truly yours, O'BRIEN, BARK & SCHERER %~ Michael A. Scherer, Esquire mas\Domestic\Bucher\elicker.ltr LAW OFFICES IRWIN £~ McKNIGHT ROGER B. IRWM MARCUSA. McKNIGHT, /I! DOUGLAS C. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: OFFICES ~IMHLAWCOM HAROLD S. IRWIN (7925-1977) HAROLD S. fRW/N JR. (1954-7986) !RW/N, IRWfN & /RWfN (1956-7986) fRW/N, IRWIN & McKNfOHT (1986-1994) /RWIN McKNlGHT & HUGHES (1994-2003) IRWfN & McKNICHT (2003- ) July 13, 2004 ROBERT E. ELICKER DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: TAWNYA L. BUCHER v. FRANCIS D. BUCHER NO.: 01-4694 Deaz Mr. Flicker: Enclosed herewith please find the requested certification executed on behalf of the Plaintiff in the above-referenced matter. Very truly yours, IRWIN & MCKNIGHT /~~ Dougl s G. Miller DGM:tds Enclosure cc: Tawnya Bucher (w/encl Michael Scherer, Esquire (w/enc) LAW OFFICES IRWIN £~ McKNIGHT WESTPOMFRETPROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. !RWlN CARL/SLE, PENNSYLVANIA 170/3-3222 MARCUS A. McKNIGHT, !I! DOUGLAS G. MILLER pl7) 249-2353 MATTHEW A. McKNIGHT FAX (717) 249-6354 WWW.IMHLAW.COM November 29, 2004 ROBERT E. ELICKER, ESQUIRE DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: TAWNYA L. BUCHER v. FRANCIS D. BUCHER N.: 8001- 4694 Deaz Mr. Elicker: HAROLD S. 1RWW (1925-7977) HAROLD S. IRWIN, JR. (1954-/986) !RW/N, IRWIN & /RWIN Q956-1986) lRWRJ, IRWIN & McKNlGNT (/986-/994) IRWIN, McKNlGHT & HUGHES (1994-2003) IRWJN & McKNICHT (2003- ) Pursuant to my recent telephone call with your office, please be advised that the Plaintiff, Tawnya Bucher, will not be pursuing Alimony in this case. If you have any questions, please do not hesitate to contact me. Thank you for your attention to this matter. Very truly yours, IRWIN & McKNIGHT ~•/~71AdJGV` Dougla G. Miller DGM:tds Enclosure cc: Tawnya Bucher Michael Scherer, Esquire TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW N0. O1 - 4694 CIVIL FRANCIS D. BUCHER, . Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Douglas G. Miller , Attorney for Plaintiff Michael A. Scherer Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 24th day of November 2004, at 9:00 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 8/26/04 E. Robert Elicker, II Divorce Master TAWNYA L. BUCHER, Plaintiff vs. FRANCIS D. BUCHER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol - 4694 CIVIL IN DIVORCE T0: Douglas G. Miller Michael A. Scherer Attorney for Plaintiff Attorney for Defendant DATE: Tuesday, June 29, 2004 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Formal responses to Plaintiff's Interrogatories and Request for Production of Documents have not been provided by Defendant. The Plaintiff has filed a Motion to Compel Answers to these discovery requests. .-4 +». (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. It is anticipated that Defendant will prepare their answers to the discovery requests in advance of the first scheduled hearing. '/-,~ -b~ DATE COU L OR P IN IFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~1~~~~0~~-- TAWNYA L. BUCHER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Ol - 4694 CIVIL FRANCIS D. BUCHER, . Defendant IN DIVORCE T0: Douglas G. Miller Attorney for Plaintiff Michael A. Scherer Attorney for Defendant DATE: Tuesday, June 29, 2004 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. I am awaiting information from Carlisle SynTec on the value of Husband's company retirement plan. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. I have contacted the Human Relations department again at Carlisle Syntec and I would anticipate receiving the information I need within thirty (30) days. 7•a d~ DATE COUNSEL FOR PL I TIFF ( ) COUNSEL FOR DEFENDANT (x) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY I5 COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. IN IHE COURT OF COMS?ON PLEAS OF CL^IDERLAND COUNTY, PENNSYLVANL~ TAWNYA L. BUCHER, Plaintiff vs. FRANCIS D. BUCBER. NO• 01-4694 JSOTION FOR APPOLVT,~LNT OF ?LdSTER Tawnya L. Bucher (Plaintiff) (), moves the court to anooint a master with respect to the following claims: (% ) Divorce ( %) Distribution of Property ( ) Annulment ( ) Sunnort (% ) ~limonp ( %) Counsel Fees ( ) Alimony Peadente Lite ( %) Costs and Er~enses zad in support or the motion states: (1} Discovery is complete as to tae claims(s) for which the appoi.n.tneat of a master is requested. (2) The defendant (has) (i) appeared in the action ) (by his attorney, (3) The staturarq r divorce (~ (are) 3301(c) and (4) Delete the inapplicable paragraph(s): (b) ?.n agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claims: equitable istribution. alimoDy and attorney feet (5) The action ( (does not involve) complex issues of law or fact. '/ ORDE3 APPOIVTLVG :?45TER ~~ • P.i`TD N04i ltQ e27 , aZ00y ~ ~~~~G~~ Esquire, is appointed star with respect to the following cla.s: C~~a,o~l o~ By the Court: ~~ (6) The hearing is expect=_d to take 1 (days). (7) Additional information, if any. relevant to the motion: ~~ ~u~~.~,~~ c~ C ..... ' s^ ---t ..r. ~ 4;- -.~-'si :_, ~.. 4 N _ "L1 ',v `fit { ft :, y~ 7 77 /yV 11 ~~~r`f ~ ~ i~+~ ~ /+~ !YJ.I~~ i~ !. '~ _:I:Y~ ItI ~C. 'V~~`~"•~ ~~4ti1 flpp ~~UG lg.;.~7.~4~~1~~~"~~~.7[.,;,I 3~~5 ~l~ a~~l:,'~~v~'~ ~ 3 i~ C. TAWNYA L. BUCHER, PlaintifflPetitioner VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 01-4694 CIVIL TERM FRANCIS D. BUCHER, IN DIVORCE Defendant/Respondent DR# 31321 Pacses# 695104111 ORDER OF COURT AND NOW, this 2°d day of January, 2002, upon considerafion of the attached Pefition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Tanuarv 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 Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) 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 Expense Statement attached to this order, completed as required by Rule 1910.11© (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 fox your arrest. BY TIC COURT, George E. Hoffer, President Judge Mail copies on Petitioner 1-3-02 to: < Respondent Marylou Matas, Esquire Michael Scherer, Esquire ;y Date of Order: January 2, 2002 ,'j ~' ~ ~"--~' ~'~'' '' R. J, had y, Conference Officer / 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 ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ~33M'tlrtaYV ~'4 Nsn-Mwu zk `a ~.91:EFi:.-.~.c yriv~n,~~srvn+.~~ ~t~ra, ~o~ ;,'.r~;.y;~~~~ ;,;, ~~: {n~ ~ ~ f _. v.l. ~.. Il.~ ~ .Jr'1 J; ~'~J DR#: TAWNYA L. BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW FRANCIS D. BUCHER, NO. 01-4694 CIVIL TERM DefendanURespondent : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES AND EXPENSES AND NOW comes Petitioner, Tawnya L. Bucher, by and through her counsel of records, Marylou Matas, Esquire, and petitions the Court as follows: Your Petitioner is the above named Plaintiff, Tawnya L. Bucher, an adult individual whose current mailing address is P.O. Box 331, Newville, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Francis D. Bucher, an adult individual currently residing at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner's date of birth is July 5, 1964, and her Social Security number is 198-52- 1527. 4. Respondent's date of birth is August 14, 1957, and his Social Security number is 172- 52-4278. 5. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301(c) of the Divorce Code of 1980 as amended. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action. 7. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. 8. Petitioner no longer resides in the property owned by Respondent and Respondent is providing no financial assistance to Petitioner. WHEREFORE, Petitioner request you Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respectfully submitted, CGS- U~J Marylou tas, Esquire Attorney, r Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: /'~; , ~ ~AWNY ~~BU ~ E ~,I n .l uY+.~~~weuea TAWNYA L. BUCHER, Plaintiff/Petitioner v. FRANCIS D. BUCHER, Defendant/Respondent DR#: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4694 CIVIL TERM 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, PA 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, PA 17013 ATTORNEY'S PHONE NUMBER (717) 243-5551 RESPONDENT NAME Francis D. Bucher ADDRESS 2722A Ritner Highway, Carlisle, PA 17013 BIRTH DATE August 14, 1957 SOCIAL SECURITY NUMBER 172-52-4278 HOME PHONE WORK PHONE EMPLOYER NAME Carlisle, Syntec EMPLOYER ADDRESS Carlisle, PA 17013 JOB TITLE/POSITION 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, Cazlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 249-6873 MARRIAGE INFORMATION DATE OF MARRIAGE October 1Q 1987 PLACE OF MARRIAGE Boiling Springs, PA DATE OF SEPARATION August 3, 2001 ADDRESS OF LAST MARITAL HOME 2722A Ritner Highway Carlisle, PA 17013 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition for APL DATE APL DOCUMENT FILED December 3, 2001 ..W~ti!+pit.~i*tis ..4t ,.-•.,.~, ti~~l~-kti4n x~~. .,,:. :: '. .n..~,c_:f.~ez§s. a;~~~!aStN=i1s;ML+aMk+`~5'+` F.i*~~IbCSAS'+kmsai%ISdi4 .~ .~ C~ ~ c. ~- i~~ ~ ~- _ ,! f ,`. / `~ J a. J .~ ^ Q ~ ~;i7 ~, C..1 _ ji.7 _ CJ~n v"1 ~ 1~ , - "Si Q~~// Vlf r . _, TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 CIVIL TERM 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. Dated: . ~ ~ , 2004 Respectfully Submitted, GRIFFIE & ASSOCIATES ~a~ /v~-c M tt Matas, squire Supr Court LD. 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. Date: ~ , 2004 Respectfully Submitted, IRWIN &QQMcI{NIGHT//~~ ~iw.(/12 TL a /1.~. DD~n. Douglas .Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional 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, BARK & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 Date: July 15, 2004 IRWIN & McKNIGHT t~ v w-. Doug as .Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff Tawnya L. Bucher o ~- ~' - "n _. s ~ ~ ~ -o m _ -° _ ~' ~:. CJ -- 'T1 -- -i.' r:- -a': = t ,~,~ £*.°, ~t ~x~ y Cis Kfia In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TAWNYA L. BUCHER ) DOCket Number 01-4694 CIVIL Plaintiff /Petitioner ) vs. ) PACSES Case Number 695104111 /D31321 FRANCIS D. BUCHER ) Defendant /Respondent ) Other State ID Number ORDER AND NOW, t0 Wlt On th1S 28TH DAY OF JANUARY, 2002 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or Q Other ALIMONY PENDENTE LITE filed on i2/o~/0l 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. Q 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 Schererr Esquire ~° /7~'M Kev' A. Hess JUDGE ~;~ l _~-~ -Ooi Service Type M Form 0E-506 Worker ID 21005 n T~ f) _. ~~ [[1 ~T C - - .... ° _ - _ -1.~. ~~. .. '..ti l-) -` y r ~ b . '~ ~ j G -, D ~ m. ?r. ~° m ice . ,~ ~{~ Y - _.. __. z ~W~,~2004 TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 CIVIL TERM IN DIVORCE ORDER AND NOW, this l ~ ~ day of ~~, 2004, upon consideration of the foregoing Motion to Compel Answers to Plaintiff's request for discovery, it is hereby ordered and directed that the Defendant comply with the Plaintiff's Request to Answer to Discovery within 3o days of this Order, or be subject to sanctions as provided in the Pennsylvania Rules of Civil Procedure. RY THE COURT: 3 .W a Ah'~,r1~',,, r,~~,;~-;--~~-nr .. ~~, ilti~UvJ=~l'Jtid'~'Ni.:O Q~ TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 CIVIL TERM 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: 1. 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 Apri127, 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 objections 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 Douglas Mil er, Esquire Supreme Court ID Number: 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 Attorney for Plaintiff EXHIBIT "A" TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN TH$ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CPYIL ACTION -LAW No. 01-4694 CIVIL TERM IN DIVORCE PLAINTIFF'S INTERROGATORIES TO DEFENDANT TO: Francis D. Bucher, Plaintiff 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 INTERROGATORIES within thirty (30) days. These Interrogatories shall be deemed to be continuing Interrogatories, and you aze 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, McI{1VIGHT & HUGHES T"`_yI/~ Douglas .Mille ,Esquire Supreme ourt I.D. # 83776 West Pomfret Professional Building i Date: , 2003 60 West Pomfret Street Carlisle, PA 17013-3222 (717)249-2353 Attorney for Plaintiff 1 DEFINITIONS Unless negated by the context of the Interrogatory, the following definitions are to be considered to be applicable to all Interrogatories contained herein: 1. "You" or "yours" means the Plaintiff 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. "Plaintiff' unless otherwise specified, shall mean the Plaintiff answering the Interrogatories. 3. "Identify" or "identify" when used with reference to a document, shall mean to: (a) state the date; (b) identify the author (and, if different, the originator, and/or signers); (c) identify the addressees (and, if different, the recipients); (d) state the present (or last known) locations of the original and all copies and identify all custodians; and, (e) state whether Plaintiff, or anyone acting on Plaintiff s behalf, is in possession of the original or a copy of the document all with sufficient particularity to satisfy the requirements for its inclusion in a request for inspection and copying pursuant to Pa. R. Civ. P. 4009. 4. "Identify" or "identify" when used with reference to an oral statement, representation or conversation shall mean to: (a) identify the person making each statement, the person to whom each statement was made, and all other persons present at the time of each statement; (b) state the place where such statement or conversation was held; or (c) if by telephone, identify the person making the call and state the places where the persons participating in the call were located; and, (d) describe in detail the substance of each statement or conversation. 5. "Identify" or "identify" when used with reference to a person shall mean to state the: (a) full name; (b) title; (c) current position and business affiliation; (d) the person whom he/she was representing or acting for; (e) current business address (or last known, with indication of the date of the last knowledge); and, (fj current 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, whether produced, reproduced or stored on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other medium and includes, but is not limited to originals, every copy with any note or change thereon, drafts, every other date compilation from which this information can be obtained, and the information necessary to translate the compiled data into usable form. 7. "Person" or "individual" means a natural person, a partnership, a corporation, an unincorporated association, a government (or agency thereof), aquasi-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 mean to set forth fully and unambiguously every fact relevant to the Answer called for by the Interrogatory of which Plaintiff or its agents, employees or representatives have knowledge. 10. "Date" means the exact day, month and yeaz if ascertainable, or if not, the best approximatiotr including relationship to other events. 11. No answer is to be left blank. If the answer to an interrogatory or subpazagraph of an interrogatory is "none" or "unknown," such statement must be written in the 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 to 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. If additional space is required for an answer, attach a supplemental answer sheet that clearly identifies the interrogatory number or numbers. 1. State your full name, age with date of birth, residence and post office address, home telephone number, social security number and present military status. ANSWER: 2. State your educational background since graduation from high school. Include all educational institutions attended, dates of attendance, and degrees or certificates obtained. ANSWER: 4 . _., ,~ 3. If you are living separate and apart from your spouse, please state what you consider to be the date of separation and why you consider that to be the date of separation. ANSWER: 4. With reference to any previous marriage by you, identify fully: a. The date and place of marriage. b. The name of prior spouse. c. The names, ages, date of birth and addresses of any children, including name of oustodial pazent for any dependent children. d. The date, place, and reason or cause of termination or dissolution of marriage. ANSWER: 5. Identify any physical, mental or emotional disability that you believe impairs your earning capacity. ANSWER: 6. Identify the names, addresses and telephone numbers of any of your employers for the past three (3) years, and further identify the date you commenced and completed your employment, your job title or position; and the hours and rate of pay or 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 contract of employment, state the terms thereof or, if in writing, attach a copy hereto. ANSWER: ~. 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 nature of the business thereof. b. The name, address, and telephone number of the business thereof. 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 shazeholders, the extent of their shareholdings and the relationship to you of all partners, shazeholders, directors and officers. ANSWER: „mom _~~. 8. With reference to the enterprises set forth in question #7, identify where the books and records thereof are kept, the name and address of the person in whose charge they are and the name and address of any accountants and auditors whose services are used. ANSWER: 9. With reference to the enterprises set forth in question #7, identify the following: a. Your percentage interest in said enterprise including the date you acquired your initial interest and any subsequent interest. b. The date and amount of any contributions made by you to said enterprise within the last three (3) years o. Whether you have sold, gifted or otherwise disposed of all or part of your interest stating the date, percentage of interest involved, and the terms of sale or other disposition. d. Any loans made by you to the enterprise or by the enterprise to you, or any redemptions, dividends, or return of contributions within the past three (3) years. ANSWER: lo. A. Identify fully: a. Your average weekly take home pay. b. The itemized deductions taken from your gross earnings or other pay, including but not limited to taxes, insurance, FICA, savings, and loans. ANSWER: B. As to each of your Federal income tax returns for the last three (3) years, attach copies of the returns hereto and identify fully: a. The gross income and source thereof. b. The net taxable income. ANSWER: ~ 11. A. Is there a wage execution or order to pay out of income earnings? ANSWER: B. If your Answer is in the affirmative, identify how much is taken from your earnings each week, for whose benefit and what is the balance due. ANSWER: 12. Itemize all current income benefits or interests in any qualified or unqualified deferred compensation arrangement or retirement program, such as, but not limited to IRAs, Keogh Plans, 401(K) Plans, pensions, annuities, retirement plans, profit sharing plan, stock bonus plan, stock option plan, or thrift plan identifying the 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 interest in an automobile, truck, camper, mobile home, motorcycle, boat, airplane or vehicle of any nature, identify each item and your interest therein, stating the make, model, year, price paid therefor, its present value, current mileage, location and the name and address ofany co-owners. ANSWER: 14. Identify the nature of any lien or security interest to which any of the items listed by you in the Answer to the preceding question are subject, identifying the name and address of the holder thereof, the holder's relationship to you, the amount 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 association accounts, time deposits, certificates of deposit, treasury notes, savings clubs and checking accounts in your name or in which you have an interest, showing the name and address of each depository, the present balance therein, the name and address in which each is registered and the present location and custodian of the deposit books or certificates. Identify all bank accounts and give account numbers. ANSWER: 16. Identify whether you own any household goods, furniture, jewelry, antiques, art work, Dale Earnhardt collection, NASCAR collection, or other items of value either individually or as a collection exceeding $500.00, setting forth for each item, or collection, as the case maybe, a description, the date of acquisition, purchase price or value at acquisition if not purchased, your opinion as to the fair market value, and present location. ANSWER: 12 17. Itemize all shares of stock, securities, bonds, mutual funds, municipal bonds, money market funds, gold funds and other investments, other than real estate, in your name or in which you have an interest, showing where and in whose name they aze registered, the identity of each item, its market value, the amount of dividends or other income paid by each, and the present location and custodian of all certificates or evidence of such investments. ANSWER: 18. A. During the last three (3) years have you sold, transferred or otherwise disposed of any items referred to or identified in response to questions 13 through 17, or any interest therein, to other than your spouse? ANSWER: B. If your Answer is in the affirmative, identify fully: a. Which items were sold, transferred or otherwise disposed of. b. To whom each item was sold, transferred or otherwise disposed of. c. The dates of the transaction and the consideration 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 location, type of property and deed references. 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 amount of mortgages thereon, the balance due thereon and the name and address of the mortgagee. f. If it is income property, the name of all tenants or occupants and the annual rent paid by each. g. The itemized operating expenses, including but not limited to taxes, mortgage payments, insurance, heating fuel, water and other utilities. ANSWER: 14 20. If you have sold or otherwise disposed of any real estate or interest therein in the past three (3) yeazs, identify fully: a. The location 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 relationship of the purchaser to you. e. The disposition of the proceeds of the 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 the 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 its location and custodian, the present value and original cost of each, the name and address of the person for whose benefit you are holding the same and that person's relationship to you, the conditions or terms of the trust and how such property was acquired and who paid the consideration. ANSWER: 23. Itemize your average monthly living expenses in detail, including, but not limited to: rent, clothing, food, utilities, telephone, transportation and car, medical and dental expenses, insurance of any nature, mortgage and other loan payments 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 to you, the amount and frequency of the support payments, whether the payments are voluntary or by Court order and the name address of the Court and every attorney involved. ANSWER: 25. If you are presently unemployed, either permanently or temporarily, identify fully: a. The commencement date of your unemployment. b. The reason therefor and the date when you expect to return to employment. c. The name and address of your last employer. d. The amount of sick pay, workmen's compensation awards, disability, unemployment or insurance benefits. e. The amount of any other judgments or settlements 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 credit cards maintained for your use and for each card state the name of the issuer, card number, to whom the cazd is issued, the name and address of each person who may use the card, and the present balance of the account for each card. Attach a copy hereto of any statements you have received for each credit card for the last twelve (12) months. ANSWER: 18 ~~~F~. ~gn 28. Identify any and all outstanding debts which you are obligated to pay, having a balance in excess of $300.00 for each debt, including loans to relatives, stating the original amount of said loan, to whom it is owed, any and all payments made within the last twelve (12) months, and the remaining balance of each loan. If in writing, attach a copy hereto of any such debt obligation. ANSWER: 29. Identify whether you have during the past three (3) yeazs made any gift to any person other than your spouse, in cash or in kind, having a value of Five Hundred and no/100 ($500.00) Dollars or greater, and the person to whom the gift was made. ANSWER: 19 30. Identify any financial statement or loan application with any lending or credit institution that you have filed within the last five (5) years, stating the name of the lending or credit institution, and the amount, term or terms and purposes of each loan. Attach a copy hereto of any such financial statements or loan applications. ANSWER: 31. Identify any interest in any property (real or personal), contract, right, patent, chose in action, or expectancy of any kind, including an interest or right titled or held in the name of another, not previously identified in your answers to any preceding interrogatories, stating the identity of the interest, the date it was acquired by you, the value at acquisition, and the present value and how determined. ANSWER: 20 32. Identify all income benefits or other interests currently being received or received within the last two (2) years that have not been previously identified in your answers to any preceding interrogatories, including but limited to inheritances, trusts, social security benefits, lottery prizes, awards, gambling activities, bank interest dividends or similar interests, identifying the source, dates received, amount, and frequency of each benefit or interest. ANSWER: 33. Please indicate whether you are the executor, administrator, fiduciary, trustee, or beneficiary of any estate or trust that was filed or created within the past three (3) years. ANSWER: 21 - .~-~I.czYwvst4x~efmmy#pry~. ... .N$! 34. Identify any accounts at a savings or commercial banking institution, brokerage firm, or any other type of financial institution, 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, maintained 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, their contents both at the time opened and at the date of sepazation and who has access to them. ANSWER: 22 fl,,,...,~,,., ~,.. A true and correct copy of the within Answers was served on this day of , Michael Scherer, Esquire Attorney for Plaintiff 23 .,,>~ _ _. EXHHtIT "B" TAWNYA L. BUCHER, Plaintiff v. FRANCIS D. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4694 CIVIL TERM IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS BY DEFENDANfi TO: Francis D. Bucher, Plaintiff c% Michael A. Scherer, Esquire O'brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 YODARE 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 Doug as G 'ller, +squire Supreme Court I.D. # 83776 West Pomfret Professional Building Date: ~ , 2003 60 West Pomfret Street Carlisle, PA 17013-3222 (717)249-2353 Attorney for Plaintiff INSTRUCTIONS AND DEFINITIONS 1. "You" or "yours" means the Plaintiff 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. "Plaintiff' 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, cazds, 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), aquasi-public entity, or other form of entity. 5. This Request applies to all documents in your possession, custody or control 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, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. 6. Each of the following is intended to 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 agents, representatives, employees, attorneys and other individuals acting or purporting to act on your behalf must do the same. . ;. All documents requested to be provided in or relied upon by you to answer those Interrogatories served to you on an even date herewith. 2. Copies of federal and state income tax returns filed by you, together with all accompanying W-2s, 1099s, attached schedules and exhibits filed for tax years 2000 through the present. All statements, including check registers, issued by any bank, savings institution or other fmancial institution from January 1, 2001 through 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, profit sharing plan, savings plan, Keogh plan, 401(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 future, including the summary plan description and other such information regarding each retirement plan, as well as annual statements for the past three (3) years. 5. All fmancial statements or documents referring to any deferred compensation plan to which you are entitled by reason of any.present or past employment, including any understanding regarding the future distribution of earnings presently retained or anticipated to be received. 6. All 1099s issued by any person or entity for which you have performed services since January 1, 2001 to the present. 7. Copies of any and all title, 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 indebtedness or financing for each vehicle. All records pertaining to real estate 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. ~d 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) yeazs. 10. Copies of any and all brokerage account statements or securities owned by you individually, jointly with any person or entity, or as trustee, 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 statements. 12. All records of all estates of decedents from which you have received, aze receiving, or will receive any inheritance in either personal property, real property, monetary assets, or other assets of any kind, whether in trust or otherwise. 13. If you are alleging any physical or mental 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 corporate 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 to stock options in any corporation or other entity, whether exercised or not yet exercised. 17. All financial statements, balance sheets and income statements received by you with respect to any and all proprietorships, corporations (foreign or domestic), joint ventures, partnerships, realty trusts 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 ~! e, ~ 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, Date: 3a 2003 IRWIN, McKNIGHT & HUGHES Douglas I Miller, Esquire Supreme urt I.D. # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 (717) 249-2353 Attorney for Defendant i ~r F. 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, BARK & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 Date: July 13, 2004 IRWIN & McI{NIGHT Douglas G Miller, Esquire Supreme C rt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff Tawnya L. Bucher ,a •c~ s r3 r.a c'7 e. ;_ 4) :'. ) .-- y'• - ~ -J r~; ~~ O .y =l- -* 1 i~7-_ u~, (__7 t '~~-r 4::< ~.*1~1 ~' -7 LAW OFFICES IRWIN £~ McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 MARCUS A. McKN/GHT, !77 DOUGLAS C. MILLER (717) 249-2353 FAX (717) 249-6354 E-MAIL: OFFICES ~IMHLAW.COM August 23, 2004 ROBERT E. ELICK.ER, ESQUIRE DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: TAWNYA L. BUCHER v. FRANCIS D. BUCHER N.: 2001- 4694 Dear Mr. Elicker: HAROZO s. /RwrN p92s-/9n) FIAROID S. IRW/N, JR. (7954-7986) IRWIN IRWIN & /RWlN (7956-7986) IRWIN, IRWIN & McKN/GHT (1986-1994) /RWIN, McKNIGHT & HUGHES (7994-2003) IRWIN & McKNIGHT (2003- ) Pursuant to Rule of Civil Procedure 1920.33 and your previous directive, enclosed please find the PreTrial Statement of the Plaintiff, Tawnya L. Bucher. Please note that a copy of this document has also been forwarded to Attorney Scherer. Thank you for your attention to this matter. Very truly yours, IRWIN & McI{NIGITT (~~~~~~/~°~~G~~ Douglas G. MLller DGM:tds Enclosure cc: Tawnya Bucher (w/enc) Michael Scherer, Esquire (w/enc) TAWNYA L. BUCHER, Plaintiff/PeUtioner VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 2001-4694 CIVII. TERM FRANCIS D. BUCHER, IN DIVORCE Defendant/Respondent DR# 31321 Pacses# 695104111 DEMAND FOR HEARING DATE OF ORDER: January 28, 2002 AMOUNT: N/A FOR: Dismissal of Alimony Pendente Lite REASON(S): ! ~~kiwfi• FF L ~~'~ Re i ~i~t /h f n ~S~w LL J ~~ CATiT ~a M6~T ~ Qr1~Megr~ l L ~G~/Q+7~a., PARTY FILING DEMAND FOR HEARING: ~<~~~~/jI~S~O~~st/r~. f- Si tureT Date 0 ~T „-n W F ,> ,~ ~ n :_~m ~ io t~ Q ~ N n - r. ~ ~ , c= ti - ~ i) l-' n f'~ ~ -I -~ 5 ~1? [_ 7 - ..Cl ~ (_ <=. ^~1 ... .. ~ a l,Yj -. ~~ ~~ '~- -.- ash=~xg,~ _ _ _ s«az-Y3A~ _ _ _ ~,mm ..xe:e ~... .eu i a ~_,~~~i i, „raxc.~~+£+;Ma.~v, L` RECEIVED AUu 09 200 Domestic Relations Order For Cazlisle Corporation Employees Incentive Savings Plan IN THE MATTER OF THE : IN THE COURT OF COMMON PLEAS OF MARRIAGE OF :CUMBERLAND COUNTY, PENNSYLVANIA TAWNYA L. BUCHER, Plaintiff, No. 01-4694 AND FRANCIS D. BUCHER, IN DIVORCE Defendant. QUALIFIED DOMESTIC RELATIONS ORDER RELATING TO DEFENDANT'S RETIIREMENT PLAN WITH CARLISLE CORPORATION AND NOW, thi day ofz~udu~, 2005, it is hereby Ordered as follows: T 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 u1~ M 3~ -~~ _~ .~ ~ , ~ ' ~. r, `,i. . SF-' ~ ~ N _? ~, ~~ 4 ~~ , ,_ . r ~ f~, 5. The Participant in the Account is Francis D. Bucher ("Participant"), whose last known address is 2722A Ritner Highway, Cazlisle, Pennsylvania 17013, and whose Social Security number is 172-52-4278. The Participants date of birth is August 14, 1957. 6. The Altemate 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 married on October 10, 1987, in Cumberland County, Pennsylvania. 9. The Court hereby assigns to the Alternate Payee Ninety Thousand Three Hundred Sixty- Two and 00/100 ($90,362.00) Dollazs 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. t ~ ~ 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 designation by the Participant of a beneficiazy 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 anothet alternate payee under another order previously determined to be a qualified domestic relations order. This Order relates to the provision of mazital 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. ~ ~ r 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 Pazagraph twelve (12) above. Nothing in this Order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiazy 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 aze 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 /1 /Af/I.OMI!! YV v / /A AFIN~ Doifglas ~. Miller, Esquire Attorney I.D. # 83776 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 Attorney for Plaintiff Dated: ~,~.,~ ism yva~' BY THE COURT: ax~ J. ~~ r Exhibit "A" MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of (~ e/ __, 2005, by and between TAWNYA L. BUCHER, (hereinafter referred to as "WIFE") and FRANCIS D. BUCHER, {hereinafter referred to as "HUSBAND"). WITNESSETH: WHEItEA5, 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 fmancial 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. 1t 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. z. 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 declazes 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 hwin & McKnight; HUSBAND is represented by Michael A. Scherer, Esquire of O'Brien, Baric & Scherer; z ~ y ~ (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 counsel or 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 J 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, Cazlisle, Cumberland County, Pennsylvania, 17013 and any improvements thereon to HUSBAND and releases all claims which she may have regazding 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 sure of Fifty-Eight Thousand Five Hundred and 00/100 ($58,500.00) Dollazs 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 pazties agree to execute any and all documentation necessary to divide the 4 r •~ 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) silverwaze 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, squaze 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 fmancial 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 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 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 sepazation 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 sepazation. HUSBAND represents and warrants to WIFE that since the parties' marital sepazation 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 00/100 ($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 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 maybe 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 of this Agreement. 8 c 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 parry 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 maybe 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. ENTIItE 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 may or 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 incun•ed 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 ,~ i l 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: - / ~,~P TAWNYA` .BUCHER ~ c~~+r~ r . /~'`t (SEAL) FTtANCIS D. BUCHER 11 ~s COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND 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 . SS: 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. Notary Public 12 ~~,. CERTIFICATE OF SERVICE I the undersigned hereby certify that on this ~ day of 2005, a copy of the Qualified Domestic Relations Order was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 IRWIN & McKNIGHT l~0(M ~ ~ ` Douglas .Miller, Esquire ~s.. ' ? - U -:, , --~ .. - --~ ~- ~,: { ,, ~..~ `" ~