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HomeMy WebLinkAbout04-5571 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff No. 2004 - 557/ v. CIVIL ACTION - LAW JAMES R. GAGE, Defendant (In Divorce) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the 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 the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Date: "ISlo~ By ~~~~;~~AY Supreme Co~ # 87954 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorneys for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEVS-AT-LAW 26 W. High Street Carlisle, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff No. 2004 - )5'1 ( v. CIVIL ACTION - LAW JAMES R. GAGE, Defendant (In Divorce) COMPLAINT UNDER SECTION 330l(c) OR 330l( d) OF THE DIVORCE CODE 1. Plaintiff is Karen M. Gage, who currently resides at 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is James R. Gage, who, at the time of filing of this Complaint, also resides at 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 17, 1994 in Cumberland County, Pennsylvania. 5. Plaintiff and Defendant, although living in the same residence, have been living separate and apart since October 1, 2004. 6. There have been no prior actions of divorce or for annulment between the parties. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A 7, Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff s Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8, The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. Respectfully submitted, Date: 1l151D'-1 By: Attorneys for Plaintiff VERIFICATION I, Karen M. Gage, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: I 10 3/ {)I! ~~JJ1. sf6--e,t fmJ~. Gage, Plaintiff / AFFIDA VIT I, Karen M. Gage, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors m the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: / rj 0.') /'0 'i y( ~ Jl;c f/ 1JJ:i-<- ~&}nv-M. Gage, Plai~1k (. I 0 1"'-..) 0 c- ..:' !~.'; C;":;) -1'1 ~ .J.- ~ -- .-{ A ..t>1_ -,. "- C) I"-il ;J} ~ d> ~":. --rJ in , -- 0 ~ Ul . d T (' ) .-" ........ ~ ", ::;1 ~f\ - .." '~}?l ~ ~ -~,.. c: -":"- C,jiTl ~ ~ (- r" ~ :3 :.q - t,..) ~. - .. (;l ... ''', ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff No. 2004 - 5571 v. CIVIL ACTION - LAW JAMES R. GAGE, Defendant (In Divorce) ACCEPTANCE OF SERVICE 1, James R Gage, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, which was filed on November 5, 2004. Dated: November 6. 2004 By: f- a es R Gage, Defendant _ 7 Mountain Road Boiling Springs, Pennsylvania 17007 CI r-" <:;:c:'t X}.!, (> ""'11 -"(1 :J::c <-.- :t:,:: 1'-' d' /.-. {~'\ ~::(~ tv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KAREN M. GAGE, Plaintiff No. 2004 - 5571 v. CIVIL ACTION - LAW JAMES R. GAGE, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ../ THIS AGREEMENT is made this 20 day of ~ JO-r\~ .2005, BY and BETWEEN Karen M. Gage of 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D James R. Gage of 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS R.l: The parties hereto are Husband and Wife, having been joined in marriage on December 17, 1994, in Cumberland County, Pennsylvania; and R.2: Differences have arisen between th<: parties, in consequence of which they have lived separate and apart since on or about October 1, 2004; and R.3: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and KMG'-("nW Page 1 of 24 JRG J 1..6: R. 4: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R. 5: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.6: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims [,)1' spousal support, alimony, alimony pendente lite, counsel fees and costs; and R. 7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley, Zucker & Gingrich, LLC, and that Husband, has been ind1ependently represented by Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer; and R.8: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her r€:spective property holdings and income; and KMGW Page 2 of 24 JRG Jt4 R.9: Each party has had an opportunity to v,~rify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of fu1\ and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and perfoffiled by each party, as wen as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legany bound, hereby agree as fo1\ows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party win molest the other or endeavor to compel the other to cohabit or dwe1\ with him or her by any legal or other proC(~eding. Neither party shall disparage or discredit the other in any way, nor in any way injufCl his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Each party shall be free of the interference, authority or contact by the other as if he or she was single KM~~ Page 3 of 24 JRG~ and unmarried except as maybe necessary to carry out the terms of this Agreement or any Custody Stipulation and Agreement and/or Order of Court. (2) DIVORCE: The parties acknowledg/: that the marriage is irretrievably broken and that they will secure a mutual consent no-.fault divorce decree. Simultaneous with the execution of this Agreement, the parties agree to execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breac:h of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties acknowledge that they are joint owners of the premises more commonly identified as 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties have agreed to list and sell the Marital Residence. The parties have entered into a Sales Agreement for the sale of the Marital Residence through Realtor Steve Thompson of Prudential Thompson Wood Real Estate for Three Hundred Ninety-Six Thousand ($396,000.00) Dollars. The parties specifically agree that the net proceeds from the sale of the Marital Residence, after deduction of all expenses, fees and taxes in connection with the sale; then after satisfaction of the lien of the existing joint first mortgage through GMAC Mortgage Corporation (the balance of this mortgage on or about October 5, 2004, was One Hundred Seventy-Six Thousand Five Hundred Ninety-Eight and 00/100 ($176,598.00) Dollars), shall be divided equally between the parties at the time of settlement. KMG~. Page 4 of 24 JRG.J tv The parties are also joint owners of the premises more commonly identified as 1420 Bradley Drive, Unit F-lll, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as the "Rental Property"). The parties stipulate and agree that the fair market value of the Rental Property is Forty-Four Thousand Two Hundred Fifty and 00/100 ($44,250.00) Dollars and that the payoff on the joint mortgage obligation with Midwest Loan Services is Twenty-Five Thousand Two Hundre:d Nineteen and 00/100 ($25,219.00) Dollars. Husband shall become the sole owner of the Rental Property and Wife shall Deed her interest in and to the Rental Property to Husband at such time as Husband pays to Wife the sum of Nine Thousand Six Hundred Twenty-Five ($9,625.00) Dollars, for her interest in the Rental Property. Husband is required to either assume the joint mortgage into his name alone or to refinance the debt on the Rental Property within sixty (60) days of the date of this Agreement. From the date of separation forward, Husband agrees to hold Wife hannless with regard to any debts or obligations associated with the Rental Property, including mortgage payments, taxes, homeowner's insurance, association dues and repairs. It is specifically contemplated and understood that Wife plans to purchase a residence in which she and the parties' minor child may reside. Wife has, during the pendency of the drafting of this Agreement, made an offer on at least one (1) home. Husband hereby agrees to waive and right, title or interest he may have, by virtue of his marital relationship, in and to any home that Wife may purchase prior the parties' Divorce being finalized. Wife shall be solely responsible for any encumbrance on any property she may purchase under this Paragraph and she shall indemnify and hold Husband harmless from any payments thereon. Husband agrees to execute any and all necessary documents to KMG~. Page 5 of 24 JRG~ give full force and effect to this provision within three (3) days of a request by Wife to do so. It is specifically contemplated and understood that Husband may also purchase a residence. Wife hereby agrees to waive and right, title or interest she may have, by virtue of her marital relationship, in and to any home that Husband may purchase prior the parties' Divorce being finalized. Husband shall be solely responsible for any encumbrance on any property he may purchase under this Paragraph and he shall indemnify and hold Wife harmless from any payments thereon. Wife agrees to execute any and all necessary documents to give full force and effect to this provision within three (3) days of a request by Husband to do so. DEBT: Each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability for which the other of them, their legal replresentatives, or their property or estate may become liable; and each of them further covenants at all times to keep the other free, harmless and indemnified of and from all debt~l, charges and liabilities hereafter or heretofore contracted by them, except as hereinafter provided. A. MARITAL DEBT: Other tl1an those debts enumerated within this agreement, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. I. Except as otherwise herein provided, each of the parties will pay all current bills and outstanding bills incurred on or before tbe date of separation of the parties, October I, 2004, to the same extent that he or she has been paying them in the past and neither party shall incur any unusual bill which will bind the other party. Husband hereby agrees to return to Wife any and all joint credit cards or charge plates that he Page 6 of24 JRG<..\ l" KMG :;{mlf may have in his possession. The parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the party who incurred said debts and the debt-incurring flarty shall save harmless the other party from any obligation or institutions of suit thereunder. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on October I, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. c: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party hannless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: The parties acknowledge that Husband, individually, holds title to a truck, which is currently in his possession. Said truck is currently encumbered by a loan, solely in Husband's name. Wife hereby relinquishes any right, title or interest she may have in and to the truck currently in Husband's possession. Husband shall acquire and maintain separate insurance on the truck currently in his possession. Husband specifically agrees to assume full responi,ibility for and pay in due course, any encumbrance on the truck currently in Husband's possession. Husband shall hold Wife harmless and indemnify Wife from any loss thereon. The parties further acknowledge that they jointly hold title to a 2003 Ford Explorer, which vehicle is currently in the possession of Wife. Husband relinquishes any right, title and interest he may have in and to the Explorer (;urrently in possession of Wife. Within thirty (30) days of the date of this agreement Husband shall execute any and all documents KMGy(rmj Page 7 of 24 JRG..! ;l' necessary to have said vehicle properly registered solely in Wife's name with the Pennsylvania Department of Transportation. Wife shall maintain insurance and assume full responsibility for any encumbrance on the 2003 Ford Explorer received by Wife as a result of this transfer, and shall hold harmless and indemnify Husband from any loss thereon. Wife shall refinance the joint obligation on the 2003 Ford Explorer within forty-five (45) days of the execution of this Agreement. The parties further acknowledge that they jointly hold title to a 1984 trailer, title number 48963842701. Wife relinquishes any right, title and interest she may have in and to the 1984 trailer, currently in the possession of Husband. Within thirty (30) days of the date of this Agreement, Wife shall execute any and all documents necessary to have said trailer properly registered solely in Husband's name with the Pennsylvania Department of Transportation. Husband shall hold Wife hannless and indemnify Wife from any loss on the trailer. (6) TANGmLE PERSONAL PROPERTY: Except as otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of alii such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effllct of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. KMG iil&f Page 8 of24 JRG~ (i) All personal property listed on Exhibit" A" shall become the sole and separate property of Husband; and (ii) All personal property listed on Exhibit "B" shall become the sole and separate property of Wife; and (iii) All personal property listed on Exhibit "C" shall be divided as equally as possible between Husband and Wife; and (iv) It is contemplated that all personal property listed on Exhibit "D" be sold and the proceeds from the sale of these items are to be divided equally between the parties. Exhibits "/1:', "B", "C", and "D" are incorporated herein by reference as if set out in their entirety herein. (7) INTANGmLE PERSONAL PROPERTY: Except as otherwise herein provided, each party hereto hereby relinquish,~s any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 40lK plans, and the like. Husband acknowledges that the marital property of the parties includes any marital portion of Wife's ESOP through her employment with EDS. The approximate value of Wife's stock with EDS as of October I, 2004 was Three Thousand Two Hundred Thirty and 00/100 ($3,230.00) Dollars. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's ESOP, and any marital interest therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid ESOP with EDS. KMG'~ Page 9 of24 JRG~a.~ Husband acknowledges that the marital property of the parties includes any marital portion of Wife's IRA. The approximate value of Wife's IRA as of October 1, 2004 was One Thousand Twenty-Five and 00/100 ($1,025.00) Dollars. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's IRA, and any marital interest he may have therein, and, notwithstanding same, Husband hereby forever waives and relinquisbes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid IRA. Husband acknowledges that the marital property of the parties includes any marital portion of Wife's 401K stemming from her employment with EDS. The approximate value of Wife's 40lK as of October 1, 2004 was Thirty-Six Thousand One Hundred Eighty-Five and 49/100 ($36,185.49) Dollars. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's 401K, and any marital interest therein, and, notwithstanding same, in exchange for Wife waiving her interest in and the Rental Property, as well as for other good and valuable consideration, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid 40lK through EDS The parties specifically acknowledge and agree that their minor child, Jaden, has seven (7) One Hundred ($100) Dollar Series EE savings bonds and two (2) Fifty ($50.00) Dollar Series EE savings bonds, to which both Wif(~ and Husband have access. Both parties specifically contemplate and agree that the minor child shall have these savings bonds to cash in at the age of eighteen (18) years old. Additionally, the parties acknowledge that they set up a stock account through Prudential for the benefit of their minor child, Jaden. This m;;:~ be used for Jaden to pursue highl~r education. KMet', Page IO of 24 The parties agree that Wife JRG -.\,2. C. shall retain control of this account and shall ensure that the funds are available to Jaden if and when she seeks to further her education. The parties acknowledge that the marital property of the parties includes a jointly owned account with Vanguard. The balance of this Vanguard account as of October 1, 2004, was Nineteen Thousand Three Hundred Twenty-Two and 30/100 ($19,322.30) Dollars. The parties have agreed to equally divide this account. Wife acknowledges that the marital property of the parties includes any marital portion of Husband's 401K through his employment with Carlisle Syntec. The account balance of Husband's 401K with Carlisle Syntec as of October 19, 2004 was One Hundred Fifteen Thousand Nine Hundred Sixty-Eight and 39/100 ($115,968.39) Dollars. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal of Husband's 401K, and any marital interest therein. In exchange for Wife waiving her interest in and to Husband's 401K, Husband shall convey to Wife the sum of Thirty-One Thousand Nine Hundred Thirteen and 16/100 ($31,913.16) Dollars from his 401K with Carlisle SynTec into a qualified account in Wife's name through the use of a QDRO or otherwise, which sum of money shall become Wife's sole and separate property. Husband shall, within thirty (30) days of the date of this Agreement, execute the necessary paperwork to commence the roll-over process. Other than otherwise herein provided, Wife hereby forever waives and relinquishes any right, title, interest or claim she might otherwise have in and to Husband's aforesaid 401K. The parties acknowledge that in addition to the accounts listed above, each of the parties has a pension/retirement account through their respective current employers. HUSb~~ledgeS that the marital property of the parties includes any marital portion KMG .' Page II of24 JRG~ of Wife's pension/retirement account stemming from her current employment with EDS. Wife acknowledges that the marital property of the palties includes any marital portion of Husband's pension/retirement account stemming from his current employment with Carlisle Syntec. The parties acknowledge that he/she has been informed ofhislher right to obtain an independent appraisal of their respective pension/retirement accounts, and, notwithstanding same, each party hereunto the other, hereby waives and relinquishes any right, title, interest or claim he or she might otherwise have in and to the other party's aforesaid pension/retirement account with their respective current employer. (8) LIFE INSURANCE: The parties ackn.owledge that Wife has a $282,000.00 term life insurance policy through her employment with EDS. Husband will be removed as beneficiary of this life insurance policy upon entry of a Final Decree in Divorce and Wife shall list Jaden, the parties' minor child, as irrevocable beneficiary under the policy. At no time will Jaden's interest in the policy be less than Fi:lty (50%) Percent. The parties further acknowledge that Wife, has a $50,000.00 whole life policy through International Order of Foresters. Husband will be removed as beneficiary of this life insurance policy upon entry of a Final Decree ill Divorce and Wife shall list Jaden, the parties' minor child, as irrevocable beneficiary under the policy. At no time will Jaden's interest in the policy be less than Fifty (50%) Percerlt. The parties further acknowledge that Husband has a $180,000.00 life insurance policy through United of Omaha Life Insurance. It is specifically contemplated and agreed that Husband will retain this policy, specifically understanding that Husband may reduce the coverage limits by up to Ninety Thousand ($90,000.00) Dollars, and will list Jaden, the KMG~. Page 12 of24 JRG~ parties' minor child, as irrevocable beneficiary under the policy. At no time will laden's interest in the policy be less than fifty (50"10) percent. (9) DMSION of BANK ACCOUNTS: The parties acknowledge that the balances of the parties joint checking and savings ilccount with Member's First Federal Credit Union have been divided equally between the parties prior to the execution of this Agreement. The joint checking and savings accounts are to be closed or transferred solely into Husband's name within ten (10) days ofthe execution of this Agreement. The parties further acknowledge that they have a joint checking and savings account with Member's First Federal Credit Union, which account is used solely for the Rental Property. Simultaneous with the execution of this Agreement, the parties agree to equally divide the balances in these accounts, subtracting out the Five Hundred ($500.00) Dollar tenant security deposit. The joint checking and savings accounts are to be closed or transferred solely into Husband's name within ten (10) days of the execution of this Agreement. The parties further acknowledge that the minor child, laden, has a savings account through Member's First Federal Credit Union. This account has been established for the benefit of the parties' minor child. Both parties and the child have access to this account. The account balance as of October 1, 2004 was Two Hundred Fifty ($250.00) Dollars. As part of this settlement, Husband agrees to provide a minimum of One Hundred ($100.00) Dollars per month to laden's account until she reached the age of 18 or graduates from high school, whichever occurs last, for purposes of her pursuing a higher education. Husband shall provide these payments to Wife no later than the 151h of the month and Wife shall deptmis from Husband into laden's account. KM . Page 13 of 24 Wife will retain control of this JRG~ account with the parties' minor child and Husband will be removed as an authorized signatory on this account. The parties further acknowledge that Wife has an additional savings account, on which Husband is an authorizes signatory, with Member's First Federal Credit Union, which as of October 1, 2004, had a balance of Four Hundred Eighty ($480.00) Dollars. Husband hereby waives any right, title or interest he may have in and to said savings account. This joint savings account is to be closed or transferred solely into Wife's name within ten (10) days of the execution of this Agreement. The parties further acknowledge that Husband has a savings account, which, as of October I, 2004, had a balance of Two Thousand Four Hundred Eighty-One ($2,481.00) Dollars. Wife hereby waives any right, title or interest she may have in and to this savings account. The parties further acknowledge that Wife opened a new checking and savings account in anticipation of this separation. The balance of Wife's savings account as of October 1, 2004 was Fifteen Thousand Nine Hundred ($15,900.00) Dollars and the balance of Wife's checking account as of October 1, 2004 was One Thousand ($1,000.00) Dollars. Husband hereby waives any right, title or interest he may have in and to Wife's checking and savings account. (10) WAIVER of ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. KMGW Page 14 of24 JRGJ eC:. (11) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (12) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently repr,esented by Lindsay Gingrich Maclay, Esquire, and that Husband has been independently represented by Michael A. Scherer, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (13) ADDmONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (14) INCOME TAX: The parties hereto agree to file a joint tax return for 2004, if it is in their best interest to do so, Should the parties file a joint return in 2004, the parties hereby specifically agree to equally divide the tax return or liability, if any. Except KMG~ Page 15 of24 JRG~ as otherwise herein provided, the parties hereto specificaIly foresee filing separate income tax returns for all ongoing years, specifically including 2005 and 2006. (15) TAX MATTERS: The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division of existing marital property is not, except as may otherwise be expressly provided herein, intended by the parties to constitutt: in any way, a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such, will not result in the recognition of any gain or loss upon the transfer by the transferor. (16) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a plUty files such banlcruptcy and pursuant thereto obtains a discharge of any obligations assuml~d hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (17) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fuHy and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other KMG~'. Page 160f24 JRG~ and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, inc:ome and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (18) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, retirement accounts and businesses, some or all of which wen: acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (19) RIGHTS and RESPONSmILITIES:: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (20) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all daims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of spousal support, maintenance, alimony, alimony KMG~ Page 17 of24 JRG~ pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (21) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future spousal support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of spousal support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those coullsel fees, costs and/or expenses sought in KMG t(mJj Page 18 of24 JRG~_ the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including aU claims raised by them in the Divorce action to be filed between the parties. (22) SEPARABILITY of PROVISIONS: The parties agree that the separate obligations contained in this agreement shall be deemed to be interdependent. If any term, condition, clause or provision of this agreement shaU be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the agreement may be reviewed and re-negotiated in order to fulfill, as closely as possible, the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the extent permitted by the Divorce Code. (23) GOVERNING LAW: All matlers affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (24) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effi:ct after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement shall be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shaU be independent thereof, and the parties intend that all obligations contained in this Agreement shaU retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption. KMG ~ mid--- Page 19 of 24 JRGA (25) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (26) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other tl1an those herein contained. (27) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: ~~.~_. !t1&r tt /i1, . ~~7JJ Karen . Gage ~_ f 0'1 !a s R. Gage ;;7) KMG ~21i-- Page 20 of 24 JRGL- Exhibit "A:: Oak Computer Desk (in den) Oak 2-Drawer Filing Cabinet (in den) Computer and Printer (in den) Washer and Dryer Oak Bar Stools (if the prospective buyer of the Marital Home does not want) Toaster Oven Kitchen Cabinet Counter-Top Microwave Family Room Couch/Sleeper Sofa Family Room Orange ReclinerlRocker Family Room Coffee Tables (2) Family Room Oak Entertainment Center Stereo Equipment in Entertainment Center Television in Entertainment Center Waterbed in Front Bedroom Bookcase in Front Bedroom Television in Front Bedroom Back Bedroom Desk VCR in Master Bedroom Entertainment Center in Basement Majority of Tools/Work Bench in Basement (see Exhibit "B" for clarification) Hand-Pushed Lawnmower Scaffolding Lawn Blower/Weed Wacker - CII,4,~ Sllr..:>J,l (;. f(JA.JA Floor Safe Ping Pong Table Jewelry (each shall retain their own jewelry) ....v.. t~ ~ and W Extension Ladders ~ '(I J l c.. fV"'''' John Deere Snowblower Kabota Tractor (LA 350A Model) with Lawn Desk, Front-End Loader, Spreader and Various Other Implements - (.. ~ B', 10' -r I),' -5 f?1 (.I4PIkYJ.1JR-(.1~ - lC(,J,- SI-zr ~l'llL ~ f6rt.() - A-u........,........... j1~- J..y' -;(}1t.4. I. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. KMG '1>>ij Page 21 of24 JRG -JJ2h Exhibit "B~ 1. Dining Room Furniture (includes table w/ Ilmves, 6 chairs, buffet, china cabinet, pictures, china and silverware) 2. Oak Roll-Top Desk 3. WoodTable(inDen) 4. Round Oak Kitchen Table and Chairs 5. Oak Ice Box 6. Oak Chair in Kitchen (desk) 7. Kitchen Aid Mixer and Stand 8. Coffee Maker and Miscellaneous Kitchen Gadgets (hand-held mixers, etc.) 9. Canister Set/Kitchen Decorations 10. Wood Foyer Tables (2) 11. Mirror (in Foyer) 12. Plant (in Foyer) 13. Persian Rug (in Foyer) 14. Oak Curio Cabinet and Contents Thefeof(in Foyer) 15. Family Room Beige ReclinerIRocker 16. DVDNCR Player in Entertainment Center 17. Small Oak Video/Curio Cabinet (in Family Room) 18. Comer Desk in Front Bedroom 19. Sewing Machine in Front Bedroom 20. Victrola in Front Bedroom 21. Jaden's Bedroom Furniture, including lamps and pictures 22. Television and Stand in Jaden's Room 23. Back Bedroom Furniture, including lamps and pictures 24. Master Bedroom Furniture, including lamps and pictures 25. Master Bedroom Jewelry Armoire 26. Master Bedroom Television and Stand 27. Nordic Track in Front Bedroom 28. Christmas Decorations and Lights (except 9' artificial tree) 29. Tools (good drill, electric hand saw, tool box with basic tools - hammer, screwdrivers, etc.) 30. Black Shelves in Pool Area 31. Picnic Table and Benches 32. Gas Patio Grill 33. Bumper Pool Table 34. Carpet Cleaner 35. DVD Camera 36. Refrigerator in Garage 37. Jewelry (each shall retain their own jewelry) 38..&'- and l%" ladder and Kitchen Step Stool ~ KMG~ Page 22 of 24 JRG:JjL Exhibit "c::, I. Pots & Pans 2. Dishes 3 . Glasses 4. Silverware 5. Round Tables Used for Nightstands in the Front Bedroom 6. Jaden's Toys (It is contemplated that her toys be split between the 2 houses per Jaden's request) 7. Oak Unfinished Bookcases in Basement (2) 8. Lawn Chairs 9. Garden Tools 10. Pictures 11. Artificial Plants and Trees 12. Towels 13. Blankets 14. Sheets 15. Lamps not specifically previously included in other Exhibits KMG Page 23 of 24 JRGDK '. . ." Exhibit "D" 1. Mailer Bedroom King-Sized Ben (th;S item L~ tv b" sOld and th" 1'10""..d~ flOm lh~ sale di, i.ied c.:J.t1ally \!et';;eell ~e patties) ~ (l Co 2. Althnin:t1~d Plank ifl Peal ANa ~tb;1 itsm ~ag ~e iSE!lwded in IiUIlp. of ,house if ad ,.....h.e;"""~' ~viSll, sllll ami dj,<iQe jlf6(;{,c:ds) J tc KMdilM Page 24 of24 JRG$ ( ) <'I , (") ;., -" , ._.~ ~ ~"- i' r .J 0'\ -!:1 .F r~j , ,j :J:~ __.J r~..... -<: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff No. 2004 - 5571 v. CIVIL ACTION - LAW JAMES R. GAGE, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYL VANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: --6/11/05 ~ Ji (jyLL'7'-m.. . Karen . Gage, Plaintiff J fl - Sworn to and subscribed before me this 1\ c\\ day of ,\ ,.\ \C" , 2005. \ \'Y" \ . \,'~ \. '\ 'i: ~ \",-;-, {~.~\ '\'-;<;'1-.'- , Notary Public COMMONWEALTH OF PE SYLVANIA Notarial Seal Michelle M. Bross, Notary Public Derry Twp., Dauphin County M Commission Ex ires Se t. 23, 2006 Member. Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff No. 2004 - 5571 v. CIVIL ACTION - LAW JAMES R GAGE, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYL VANIA ) SS. COUNTY OF CUMBERLAND ) I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Date: '5./7. oS- rt-I!J/~c s R. Gage, Defendant Sworn to and subscribed before me this _day of ,2005. , Notary Public - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff No. 2004 - 5571 v. CIVIL ACTION - LAW JAMES R GAGE, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 113301(d OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: 3 .,..,.~s-- J IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff No. 2004 - 5571 v. CIVIL ACTION - LAW JAMES R. GAGE, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD TOTHEPROmONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant Accepted Service of the Complaint, which had been filed on November 5, 2004, by signing an Acceptance of Service on November 6, 2004. Said Acceptance was filed at the above- referenced docket number on January 26,2005. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff executed her Affidavit on March 11, 2005 and filed same on March 15, 2005. Defendant executed his Affidavit on March 17,2005 and filed same on March 18,2005. 4. Related claims pending: None. A Property Separation and Settlement Agreement was executed on January 20, 2005 and filed on January 26,2005. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff executed her Waiver of Notice of Intention to Request Entry of Divorce Decree on March 11,2005, and filed same on March 15,2005. Defendant executed his Waiver on March 17, 2005 and filed same on March 18,2005. Date: ~ By: 0:--' c:::> ~ :J: ~ N rv 2 7?' ""C rT! rnrr\ Z. ':"<~ Zl. (f) .,- .;<:: ~:c., ;.:; c' h"-\ 'Pc :z. ::2 o ',I -\ :r:-n fHf" -om :(,0 .:) 1 :.AQ _."_ l'l . >.. -'(~ ~.;!o /",;rD ';:-.::{ ;:\;~ ~).J" .-- ,:."'" :% '-P. o -1 ,..,'+':f.'+':t:Of.:t'0f.'f. 'f'Of.:+: . . . . .. :+:'+';I::+: ...:t' Of.:+: '" + '" Of. i' Of. :f.:+::+::t' '" i':+::+.:f.:+::f.:+:i':f.:t: :f.:+:'+';ji:+:+. .. .. . IN THE COURT OF COMMON PLEAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OFCUMBERLANDCOUNTY KAREN M. GI\GE PENNA. STATE OF No. 2004-5571 VERSUS .JAMES R. GI\GE DECREE IN DIVORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + . + . . . .... . ..~ '+' .. ,,~ +:t' '+' +:+::+: '+':t: '" '+:+: Of '+' j to> ljH . IVI~ "jO , 2005 AND NOW, , IT is ORDERED AND Karen M. Gage DECREED THAT , PLAINTIFF, James R. Gage AND , 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 Property Settlement and Separation Aqreement dated January 20, 2005,is incor Divorce. ATT"T~~ (' PROTHONOTARY :+: '+' '+' Of '+' '+ 'f '" '+ 'f '" +':+: Of '+ '+:+: Of:+: 'f '+ Of '+' + . .. . '" Of 4' '+' '+' 4':of. Of . :+ Of Of Of Of '+ Of +' :+::+ +:+::+ Of:+", . + . . . . . . . . . + . . + . . . . . . + . . . . + . . + . . . J. . . . . . . + . . . . . + . . . . . . + . . + . . . . . . . . . . . + . . . . + . . + . . . . + + . . . + . + . . + . + . + . + + . + + + :+: '" '" '" _:;~!;.:7 J... 0 f' /,- ,>(1 r: f,- ?p-r~ &!l t ~if>'J:n1I7~U, '''I-n?u/ ~?' '7-. ~ ~7 fP . . .' .~ 1\ .......'_ I KAREN M. GAGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-5571 CIVIL TERM JAMES R. GAGE, Defendant CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this of , 2005, upon consideration of the within Stipulation for Entry of a Qualified Domestic Relations Order, the following is hereby entered as a Qualified Domestic Relation Order: CARLISLE CORPORATION EMPLOYEE INCENTIVE SAVINGS PLAN I I I I I I ~ 1.1. Account - The Participant's entire interest in the Plan whether or not i i vested. il QUALIFIED DOMESTIC RELATIONS ORDER ~ 1. Definitions. For the purposes of this section 1 and the following sections 2 through 4 of this domestic relations order, the following terms, when used with initial capital letters, shall have the following meanings. ~ 1.2. Alternate Payee - The following person: Name: Last Known Mailing Address: Karen M. Gage 397 Chestnut Street Boiling SorinQs. PA 17007 Social Security Number: Date of Birth: 296-64-7907 AUQust 17. 1959 II - \' ~ 1.3. Distribution Date - Distribution will be made as soon as administratively feasible after the Plan Administrator formally and finally determines that this domestic relations order constitutes a qualified domestic relations order and all appropriate time for appeals under the claims procedure of the Plan applicable to domestic relations orders has expired. ~ 1.4. Participant - The following person: Name: Last Known Mailing Address: James R. Gaae P.O. Box 21 Grantham. PA 17027 Social Security Number: Date of Birth: Employee Number: 168-54-3663 October 18. 1960 6601 ~ 1.5. Plan - The qualified defined 401(k) plan: Carlisle Corporation Employee Incentive Savings. ~ 1.6. Plan Administrator - The following: Wachovia Retirement Services 1525 West W. T. Harris Blvd. Building 3C5 Charlotte. NC 28288 I I II ~ 2. I II I Award To Alternate Payee. ~ 2.1. Time and Amount of Payment. As soon as may be administratively feasible after the Distribution Date, the Plan Administrator shall cause the trustee of the Plan to distribute to the Alternate Payee $ 25,000.00 of the Account irrespective of the Participant's Vested Account as of the Distribution Date. The amount awarded to the Alternate Payee shall not be adjusted for investment gains and/or losses from the date of this Order to the Distribution Date. ~ 2.2. Form of Payment. Distribution from the Account to the Alternate Payee shall be made in a single lump sum payment in cash. The Alternate Payee shall not be permitted to elect any other form or time of distribution even if it would be otherwise available under the Plan. Upon the completion of this distribution to the Alternate Payee, the Plan shall have no further obligation to make any further distributions from the Account to the Alternate Payee. II ~ 2.3. Limitation Rules. The value of the Participant's Account as of the Distribution Date shall be determined excluding: (I) any portion which has been, before such Distribution Date, distributed from the Plan to (or with respect to) the Participant, and (ii) any portion which has been awarded to any other alternate payee under any other domestic relations order which was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be a qualified domestic relations order. The value of the Participant's Account shall be determined as of the Distribution Date including all amounts which are then accrued for contribution to the Account (whether from contributions of the Participant or a sponsor of the Plan) under generally accepted accounting principles (whether or not such contributions have in fact been received by the trustee of the Plan as of such Distribution Date). ~ 3. Miscellaneous Substantive Provisions. The Alternate Payee shall not be deemed or considered to be a spouse, former spouse or surviving spouse of the Participant for any purpose of the Plan. The Plan Administrator may, but shall not be required to, cause the trustee of the Plan to segregate in a separate account under the Plan the amount awarded to the Alternate Payee under this domestic relations order pending its actual distribution to the Alternate Payee. To the extent that the Account of the Participant consists of monies coming from different sources or monies that have been divided for investment purposes into different classes or categories of investments, the Plan Administrator shall cause the trustee to withdraw the monies for distribution to the Alternate Payee in reasonable proportion to such sources and investments as they exist on the Distribution Date (if the amount awarded to the Alternate Payee has not been previously segregated). Except as hereinafter provided, the distribution shall be made only to the Alternate Payee. If the Alternate Payee dies after this order is entered but before the date actual distribution is made to the Alternate Payee, distribution of the benefit awarded to the Alternate Payee under this order shall be made in accordance with the Plan provisions. If the Plan Administrator has actual knowledge of the appointment by a court of competent jurisdiction of a guardian, conservator or similar court appointed fiduciary having responsibility for the Alternate Payee's financial affairs, the distribution shall be made only to such court appointed fiduciary. For all purposes of the Plan, the Participant's Account (and all benefits payable under the Plan which are derived in whole or in part by reference to the Participant's Account) shall be permanently diminished by the portion of the Participant's Account which is awarded to the Alternate Payee. II I ,~ .. ~ 4. Miscellaneous Procedural Provisions. Upon entry of this domestic relations order, the Alternate Payee shall deliver to the Plan Administrator a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order. The Alternate Payee shall file all elections, applications or other forms required by the Plan Administrator in connection with the distribution contemplated by this domestic relations order. The Participant shall cooperate fully with the Plan and the Alternate Payee in executing such documents and taking all other actions which may be necessary or required by the Plan Administrator for the purpose of causing the distribution to the Alternate Payee which is contemplated by this domestic relations order. The Participant and the Alternate Payee may notify the Plan Administrator in writing that copies of notices to the Participant or the Alternate Payee, as the case may be, should be sent to a designated representative. Upon receipt of such notice, the Plan Administrator shall give copies of notices sent by the Plan Administrator to the Participant or Alternate Payee, as the case may be, to that representative. To the extent the Plan makes a reasonable and good faith effort to observe the terms of this domestic relations order in making the distribution to the Alternate Payee contemplated by this domestic relations order, the Plan, the Plan Administrator and every fiduciary of the Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) and shall be fully discharged from any further liability to the Participant and the Alternate Payee (and their successors and assigns) with respect to such distribution. BY THE COURT, J. :1 STIPULATION Karen M. Gage, through her counsel, Lindsay Gingrich Maclay, Esquire, and James R. Gage, through his counsel, Michael A. Scherer, Esquire, stipulate to the foregoing being entered as a Qualified Domestic Relations Order. mi~fVL- Michael A. Scherer, Esquire Attorney for James R. Gage , ! l/. Date: 5111.\"~ Date: 6/l(,lo~ I I () :~ 1 f~.) f~'.) \..t,~~ - II RECtl'lED MAY 18 2~~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5571 CIVIL TERM KAREN M. GAGE, V. Defendant CIVIL ACTION-LAW IN DIVORCE JAMES R. GAGE, ORDER OF COURT AND NOW, this ,) j of fYLj , 2005, upon consideration of the within Stipulation for Entry of a Qualified Domestic Relations Order, the following is hereby entered as a Qualified Domestic Relation Order: CARLISLE CORPORATION EMPLOYEE INCENTIVE SAVINGS PLAN QUALIFIED DOMESTIC RELATIONS ORDER ~ 1. Definitions. For the purposes of this section 1 and the following sections 2 through 4 of this domestic relations order, the following terms, when used with initial capital letters, shall have the following meanings. ~ 1.1. Account - The Participant's entire interest in the Plan whether or not vested. ~ 1.2. Alternate Payee - The following person: Name: Last Known Mailing Address: Karen M. Gaae 397 Chestnut Street Boilina Sorinas. PA 17007 296-64-7907 Auaust 17. 1959 Social Security Number: Date of Birth: 11 ~ 1.3. Distribution Date - Distribution will be made as soon as administratively feasible after the Plan Administrator formally and finally determines that this domestic relations order constitutes a qualified domestic relations order and all appropriate time for appeals under the claims procedure of the Plan applicable to domestic relations orders has expired. ~ 1.4. Participant - The following person: Name: Last Known Mailing Address: James R. GaQe P.O. Box 21 Grantham. PA 17027 Social Security Number: Date of Birth: Employee Number: 168-54-3663 October 18. 1960 6601 ~ 1.5. Plan - The qualified defined 401 (k) plan: Carlisle Corporation Employee Incentive Savings. ~ 1.6. Plan Administrator - The following: Wachovia Retirement Services 1525 West W. T. Harris Blvd. Building 3C5 Charlotte, NC 28288 I I ~ 2. :1 I II I I Award To Alternate Payee. ~ 2.1. Time and Amount of Payment. As soon as may be administratively feasible after the Distribution Date, the Plan Administrator shall cause the trustee of the Plan to distribute to the Alternate Payee $ 25,000.00 of the Account irrespective of the Participant's Vested Account as of the Distribution Date. The amount awarded to the Alternate Payee shall not be adjusted for investment gains and/or losses from the date of this Order to the Distribution Date. ~ 2.2. Form of Payment. Distribution from the Account to the Alternate Payee shall be made in a single lump sum payment in cash. The Alternate Payee shall not be permitted to elect any other form or time of distribution even if it would be otherwise available under the Plan. Upon the completion of this distribution to the Alternate Payee, the Plan shall have no further obligation to make any further distributions from the Account to the Alternate Payee. II ~ 2.3. Limitation Rules. The value of the Participant's Account as of the Distribution Date shall be determined excluding: (/) any portion which has been, before such Distribution Date, distributed from the Plan to (or with respect to) the Participant, and (ii) any portion which has been awarded to any other alternate payee under any other domestic relations order which was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be a qualified domestic relations order. The value of the Participant's Account shall be determined as of the Distribution Date including all amounts which are then accrued for contribution to the Account (whether from contributions of the Participant or a sponsor of the Plan) under generally accepted accounting principles (whether or not such contributions have in fact been received by the trustee of the Plan as of such Distribution Date). ~ 3. Miscellaneous Substantive Provisions. The Alternate Payee shall not be deemed or considered to be a spouse, former spouse or surviving spouse of the Participant for any purpose of the Plan. The Plan Administrator may, but shall not be required to, cause the trustee of the Plan to segregate in a separate account under the Plan the amount awarded to the Alternate Payee under this domestic relations order pending its actual distribution to the Alternate Payee. To the extent that the Account of the Participant consists of monies coming from different sources or monies that have been divided for investment purposes into different classes or categories of investments, the Plan Administrator shall cause the trustee to withdraw the monies for distribution to the Alternate Payee in reasonable proportion to such sources and investments as they exist on the Distribution Date (if the amount awarded to the I Alternate Payee has not been previously segregated). Except as hereinafter provided, [I I the distribution shall be made only to the Alternate Payee. If the Alternate Payee dies II after this order is entered but before the date actual distribution is made to the Alternate 1'1 Payee, distribution of the benefit awarded to the Alternate Payee under this order shall be made in accordance with the Plan provisions. If the Plan Administrator has actual I knowledge of the appointment by a court of competent jurisdiction of a guardian, II conservator or similar court appointed fiduciary having responsibility for the Alternate I Payee's financial affairs, the distribution shall be made only to such court appointed I fiduciary. For all purposes of the Plan, the Participant's Account (and all benefits I payable under the Plan which are derived in whole or in part by reference to the Participant's Account) shall be permanently diminished by the portion of the Participant's Account which is awarded to the Alternate Payee. II . ~ I' ~ 4. Miscellaneous Procedural Provisions. Upon entry of this domestic relations order, the Alternate Payee shall deliver to the Plan Administrator a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order. The Alternate Payee shall file all elections, applications or other forms required by the Plan Administrator in connection with the distribution contemplated by this domestic relations order. The Participant shall cooperate fully with the Plan and the Alternate Payee in executing such documents and taking all other actions which may be necessary or required by the Plan Administrator for the purpose of causing the distribution to the Alternate Payee which is contemplated by this domestic relations order. The Participant and the Alternate Payee may notify the Plan Administrator in writing that copies of notices to the Participant or the Alternate Payee, as the case may be, should be sent to a designated representative. Upon receipt of such notice, the Plan Administrator shall give copies of notices sent by the Plan Administrator to the Participant or Alternate Payee, as the case may be, to that I representative. To the extent the Plan makes a reasonable and good faith effort to observe the terms of this domestic relations order in making the distribution to the I Alternate Payee contemplated by this domestic relations order, the Plan, the Plan Administrator and every fiduciary of the Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and I assigns) and shall be fully discharged from any further liability to the Participant and the Alternate Payee (and their successors and assi with respect to such distribution. I 'I ,I !i J. STIPULATION Karen M. Gage, through her counsel, Lindsay Gingrich Maclay, Esquire, and James R. Gage, through his counsel, Michael A. Scherer, Esquire, stipulate to the foregoing being entered as a Qualified Domestic Relations Order. mAr.~f0- Michael A. Scherer, Esquire Attorney for James R. Gage .~ / I i , l./ Date: >h1.\"~ Date: .s/u,los: I t (1 ~ ~J t ~. ( ~ ~r, (,.. " ~. j :: ~ r ~ t ", t , ~ L I :2 ~') "I'j "'7 \, ,I I,," l, I ~ , ; t,..... ".",," ...,,,.... ,'; ) '. ---; or' ~n - . l".,) ('.,) \..~ ~)