HomeMy WebLinkAbout07-1060Prepared By:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100
Email: dianeradcliff @comcast.net
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff NO. 6 7'? 0 b b cwj I +O-tA
V.
DAVID J. WITMER,
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief requested in these papers by
the Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES
BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
: CIVIL ACTION - LAW.
: DIVORCE
Defendant
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff NO. -10 G D c1 ?' '?'<<"`
V : CIVIL ACTION- LAW
DAVID J. WITMER, DIVORCE
Defendant .
COMPLAINT
Plaintiff, JANICE A. WITMER by her attorney, Diane G. Radcliff, Esquire, and files this
Complaint in Divorce of which the following is a statement:
COUNT I
DIVORCE
1. The Plaintiff is Janice A. Witmer, an adult individual who currently resides at an
undisclosed location in Cumberland County, PA.
2. The Defendant is David J. Witmer, an adult individual residing at 257 Country Club
Road, Carlisle, Cumberland County, PA 17015.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for
at least six (6) months previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on February 24, 1990 in Carlisle,
Cumberland County, PA.
5. Plaintiff avers there is one child under the age of eighteen (18) born of the
marriage, namely, to wit: Matthew J. Witmer, born April 5, 1993.
6. There have been no prior actions of divorce or annulment between the parties.
7. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling.
-1-
8. Defendant is not a member of the Armed Services of the United States or any of
its Allies.
9. Plaintiff avers that the grounds on which the action is based are:
A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably
broken;
B. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken
and the parties are now living separate and apart. Once the parties have
lived separate and apart for a period of two years, Plaintiff will submit an
Affidavit alleging that the parties have lived separate and apart for at least
two (2) years and that the marriage is irretrievably broken.
C. Section 3301(()(6) Indignities: Defendant has offered such indignities to the
person of the Plaintiff, the innocent and injured spouse, as to render her
condition intolerable and life burdensome, and that this action is not
collusive.
10. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce,
divorcing the Plaintiff and Defendant.
COUNT II
EQUITABLE DISTRIBUTION
11. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though
the same were set forth at length.
12. Plaintiff and Defendant have acquired property, both real and personal, and
incurred debts during their marriage during the period from February 24, 1990, the
date of their marriage, until February 7, 2007, the date of their separation, all of
which are "marital property" or "marital debts".
13. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent
thereto, "non-marital property" which has increased in value since the date of
marriage and/or subsequent to its acquisition during the marriage, which increase
-2-
in value is "marital property"
of equitable division
14. Plaintiff and Defendant have been unable as agree
of this
the marital property and marital debts
Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital
property and debts of the parties.
COUNT III
ALIMONY PENDENTE LITE ALIMONY
15. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though
the same were set forth at length.
16. Plaintiff lacks sufficient property to provide for her reasonable means and is
unable to support herself through appropriate employment.
17. Plaintiff requires reasonable support to adequately maintain herself in accordance
with the standard of living established during the marriage.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony
pendente lite until final hearing and hereafter enter an award of alimony permanently
thereafter.
COUNT IV
COUNSEL FEES COSTS AND EXPENSES
18. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though
the same were set forth at length.
19. Plaintiff has employed legal counsel in this case, but is unable to pay the
necessary and reasonable attorney's fees for said counsel.
20. Plaintiff has or will incur costs in this action including, but not limited to, costs for
various experts to appraise the parties' marital assets, and does not have the
funds to pay the necessary and reasonable fees , costs and expenses.
-3-
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim
counsel fees, costs and expenses and to order such additional sums hereafter as may be
deemed necessary and appropriate and at final hearing to further award such additional
counsel fees, costs and expenses as are deemed necessary and appropriate.
Respectfully submitted,
DJAN& -RA CLIFF, ESQUIRE
3448 Tr' Road
Camp Hill, PA 1701 1
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Plaintiff
-4-
VERIFICATION
JANICE A. WITMER verifies that the statements made in this Complaint are true
and correct. JANICE A. WITMER understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
JANICE . WITMER
Date:
-5-
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HAROLD S. IRNIIN,111, ESQUIRE
ATTORNEY ID NO. 29M
64 SOUTH PITT STREET
CARLISLE PA 17013
(717) 24341060
ATTORNEY FOR DEPENDANT
JANICE A. WITMER,
Plaintiff
v.
DAVID J. WITMER,
Dahndant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2007 -1060 CIVIL TERM
IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE
NOW, comes the defendant, DAVID J. WITMER, by his attorney, Harold S. Irwin, III, Esquire,
and responds to the complaint in divorce as follows:
COUNT 1
Dlvor+cs
1. The averments of paragraph one of plaintiff's complaint are admitted.
2. The averments of paragraph two of plaintiff's complaint are admitted.
3. The averments of paragraph three of plaintiff's complaint are admitted.
4. The averments of paragraph four of plaintiff's complaint are admitted.
5. The averments of paragraph five of plaintiff's complaint are admitted.
6. The averments of paragraph six of plaintiff's complaint are admitted.
7. The averments of paragraph seven of plaintiff's complaint are admitted. By way of
further response, defendant requests that the plaintiff take part in marital counseling.
8. The averments of paragraph eight of plaintiff's complaint are admitted.
9. The averments of paragraph eight of plaintiff's complaint are admitted in part and denied
in part, as follows:
A. The marriage is not irretrievably broken and defendant believes that marriage
counseling may assist the parties in effecting a reconciliation;
B. The defendant admits that the parties are now living separate and apart in that
the plaintiff deserted the defendant and abandoned the marital home, taking the parties'
child and most of the contents of the home. Nevertheless, defendant believes that the
marriage is not irretrievably broken and that marriage counseling may assist the parties
in effecting a reconciliation. Furthermore, neither parry can state what will happen over
the next two years.
C. The defendant does not believe that plaintiff has grounds for divorce under
Section 2201(a)(6) of the divorce code, nor does he accept that the plaintiff is an
innocent and injured spouse. On the contrary, plaintiff deserted the defendant and
abandoned the marital home, taking the parties' child and most of the contents of the
home. Nevertheless, defendant believes that the marriage is not irretrievably broken
and that marriage counseling may assist the parties in effecting a reconciliation.
10. Defendant requests that this complaint be dismissed and that the plaintiff be required to
participate in good faith in marriage counseling in an effort to reconcile.
WHEREFORE, the defendant requests that this complaint be dismissed and that the plaintiff be
required to participate in good faith in marriage counseling in an effort to reconcile
COUNT 11
Eaultable DIoMbutlon
11. Defendant's responses to the averments of paragraphs one through ten of plaintiff's
complaint are incorporated herein by reference as though fully set forth herein.
12. The averments of paragraph twelve of plaintiff's complaint are admitted.
13. The averments of paragraph thirteen of plaintiff's complaint are admitted.
14. The averments of paragraph fourteen of plaintiff's complaint are admitted in part and
denied in part. It is admitted that the parties have not agreed on these matters; however, they
have not even been discussed as no effort on plaintiff's part was made to discuss separation,
divorce, custody or equitable distribution issues prior to her desertion of the plaintiff and
abandonment of the marital home.
WHEREFORE, the defendant requests that this complaint be dismissed and that the plaintiff be
required to participate in good faith in marriage counseling in an effort to reconcile
COUNT 111
Allnwny Pendente L te, Allmo
15. Defendant's responses to the averments of paragraphs one through fourteen of plaintiff's
complaint are incorporated herein by reference as though fully set forth herein.
16. The averments of paragraph sixteen of plaintiff's complaint are denied. On the contrary,
plaintiff does have sufficient property to provide for her reasonable means through appropriate
employment and, in fact, her income is approximately the same as defendant's. Furthermore,
defendant does not believe that plaintiff has grounds for divorce under Section 2201(a)(6) of the
divorce code, and hence the right to the requested relief, as plaintiff deserted the defendant and
abandoned the marital home.
17. The averments of paragraph seventeen of plaintiff's complaint are denied. On the
contrary, plaintiff does not require support from defendant to adequately maintain herself in
accordance with the standard of living established during the marriage. On the contrary, her
income is approximately the same as defendant's. Furthermore, defendant does not believe
that plaintiff has grounds for divorce under Section 2201(a)(6) of the divorce code, and hence
the right to the requested relief, as plaintiff deserted the defendant and abandoned the marital
home.
WHEREFORE, the defendant requests that the plaintiff's demand for alimony pendent elite and
alimony be dismissed.
COUNT IV
counsel Fe". Costs and Etanses
18. Defendant's responses to the averments of paragraphs one through seventeen of
plaintiff's complaint are incorporated herein by reference as though fully set forth herein.
19. The averments of paragraph nineteen of plaintiff's complaint are denied. On the
contrary, the parties' incomes are approximately equal and the plaintiff has obviously already
retained counsel by her own means. Furthermore, if this divorce is accomplished and the
parties' marital property is equitably divided, plaintiff will receive a substantial distribution of
marital assets from which she will have more than enough resources to pay her reasonable
legal fees, costs and expenses.
20. The averments of paragraph twenty of plaintiff's complaint are denied. On the contrary,
the parties' incomes are approximately equal and have the same ability to provide for such
costs. Furthermore, if this divorce is accomplished and the parties' marital property is equitably
divided, plaintiff will receive a substantial distribution of marital assets from which she will have
more than enough resources to pay her reasonable legal fees, costs and expenses.
WHEREFORE, the defendant requests that the plaintiff's claim for counsel fees, costs and
expenses be dismissed.
March E-, 2007 1/
HAROLD S. IRWIN, III
Attorney for Defendant \,-_
Supreme Court ID No. 29920
VERIFICATION
I verify that the facts contained herein 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.
March 2 2007
DAVID J. WIT , Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff NO. 07-1060 CIVIL TERM
V. CIVIL ACTION - LAW
DAVID J. WITMER, DIVORCE
Defendant
AFFIDAVIT OF SERVICE
I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on
March 1, 2007, 1 served a true and correct copy of the Divorce Complaint filed on February 27,
2007 upon the Defendant, David J. Witmer, by Certified Mail, Restricted Delivery, addressed as
follows:
David J. Witmer
257 Country Club Road
Carlisle, PA 17015
The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is
attached hereto as Exhibit "A" and made a part hereof.
??? RADCLIFF, ESQUIRF?
nndle Road /
Camp Hill, PA 17011
Supreme Court I.D. No. 32112
Attorney for Plaintiff
Sworn to and subscribed before me
a Notary Public in and for
Cumberland County, Pennsylvania
this 60- day ofl')22/4 c , 200'7•
NOTARY PUBLIC
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L. Donley, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires Sept 23, 2007 I
i
Member, Pennsylvania Association Of Notaries
A F
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front If space permits.
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0 Addressee
B. Received by (Printed Nerve) C. D?of ? Nary
D. Is dwhwy address d Rent from Item 1? 0 Yes
If YES, enter delivery address be1w. 0 No
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Certined Men 0 E?rees man
0 Registered 0 Return Receipt for Merchandise
0 Insured and O C.O.D.
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2. ArWe Number 7005 0390 0003 2641 5766
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EXHIBIT "A"
RETURN RECEIPT CARD
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A
Motion for Appointment of Divorce Master
Prepared By:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net
Attorney for Janice A. Witmer
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff NO. 07-1060 CIVIL TERM
V.
DAVID J. WITMER,
: CIVIL ACTION - LAW
: DIVORCE
Defendant
MOTION FOR APPOINTMENT OF MASTER
Janice A. Witmer, Plaintiff, moves the Court to appoint a Master with respect to the following claims:
[x] Divorce [x] Distribution of Property
[ ] Annulment [ ] Support
[x] Alimony [x] Counsel Fees
[x] Alimony Pendente Lite [x] Costs and Expenses
In support of the Motion the Plaintiff states:
I . Discovery is complete with respect to the claims for which the appointment of the Master is
requested.
2. The non-moving party has by his attorney, Harold S. Irwin, III, Esquire.
3. The statutory ground for the divorce are: Section 3301 (c) and Section 3301(d) No-Fault.
4. Check the applicable paragraphs:
[ ] The action is not contested.
[ ] An agreement has been reached with respect to the following claims:
[X] The action is contested with respect to the following claims: All Claims
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take one (1) day.
7. Additional information, if any, relevant to the
Date: ?o
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff NO. 07-1060 CIVIL TERM
V. CIVIL ACTION - LAW
DAVID J. WITMER, : DIVORCE
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person(s) and in the
manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil
Procedure:
Service by First Class Mail Addressed as Follows
Harold S. Irwin, III, Esquire
64 South Pitt Street
Carlisle, PA 17013
(Counsel for Defendant, David J. Witmer)
y egistration No 32112)
448 Trindle Road
Camp Hill, PA 17011
Email: dianeradcliff comcast.net
Phone: (717) 737-O1 0
Fax: (717) 975-0697
Counsel for laint'ff, Janice A. Witmer
Dated:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff NO. 07-1060 CIVIL TERM
V. CIVIL ACTION - LAW
DAVID J. WITMER, DIVORCE
Defendant
INCOME AND EXPENSE STATEMENT OF JANICE A. WITMER
(if you are self-employed or if you are salaried by a business of which you are owner in whole or in
part, you must also fill out the Supplemental Income Statement which appears below.)
I verify that the facts set forth in the following Income and Expenses Form, including all attachments
thereto, 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: Q 0, ce'_ K 2K 4 ? ?'
JANI . WITMER
- 1 -
PART I. INCOME
DESCRIPTION YEARLY MONTHLY BIWEEKLY
Gross Income 33,232.81 2,769.40 1,278.19
FICA (1,923.46) (160.29) (73.98)
Medicare (449.84) (37.49) (17.30)
Federal (1,810.35) (150.86) (69.63)
State (952.46) (79.37) (36.63)
Local (496.37) (41.36) (19.09)
SUI (20.26) (1.69) (0.78)
LST (54.00) (4.50) (2.08)
401K (1,299.32) (108.28) (49.97)
Medical Insurance (2,209.22) (184.10) (84.97)
NET INCOME 24,017.53 2,001.46 923.75
DESCRIPTION WEEKLY MONTHLY YEARLY
Interest Et Dividends
Pensions Et Annuities
Social Security
Rents
Royalties
Expense Account
Gifts
Employer Fringe Benefits/ Commissions or Tips
Unemployment Or Workman's Compensation
Support or Alimony (not this case)
TOTAL OTHER INCOME $0.00 $0.00 $0.00
-2-
PART II EXPENSES
HOME EXPENSES:
Rent $875.00
First Mortgage
Home Equity Loan/Line of Credit
Maintenance and Repairs
Electric $97.00
Gas $101.00
oil
Home Telephone/ Internet $73.00
Cell Phone $20.00
Water $44.00
Sewer
Trash
EMPLOYMENT AND NON-MANDATORY E PLOYMENT DEDUCT IONS
Public Transportation
Lunches $80.00 Matthew-school
TAXES:
Real Estate Taxes Municipal (Spring) No Mortgage Escrow
Real Estate Taxes School (Fall) No Mortgage Escrow
Per Capita Tax
Occupation Tax
Other Taxes (specify)
INSURANCE:
Homeowners Insurance No Mortgage Escrow
Automobile Insurance $36.33 $216.00/6 months
Life Insurance $8.49 $101.90/ yr
Medical Insurance $184.10 Private Non-Employment - $2209.22/yr
Dental Insurance Private Non-Employment
Vision Insurance Private Non-Employment
Other Insurance (Specify) Renter's Ins. $8.33 $100.00/yr
- 3 -
AUTOMOBILE EXPENSES:
Payments
Fuel $200.00
Maintenance and Repair $41.66 $500/yr
License and Registration $3.00 $36/yr
MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE:
Doctor $58.75 Janice-$525/yr Matthew-$180/yr
Optical/Vision $53.83 Janice-$591 /yr Matthew-$55/yr
Dental $19.16 Matthew-$230/yr
Orthodontic
Medicine/ Prescriptions $85.00
Hospital
Special Needs/Therapy Etc.
EDUCATIONAL EXPENSES:
Private or Parochial School
College ft Vocational
Religious Training or Education
Books, Fees Et Supplies $100.00 Matthew - computer/programs/school
Other Educational Expenses
PERSONAL EXPENSES:
Clothing $85.00
Food $400.00
Barber Et Hair Dresser $35.00
Memberships $3.50 AAA $42/yr
Other Personal Expenses
CREDIT CARDS AND LOANS:
Bank of America $500.00 Balance C $500.00
Balance C $
Balance C? $
Balance C? $
-4-
- 5 -
PART III. PROPERTY OWNED
-6-
PART V. SUPPLEMENTAL INCOME STATEMENT
[ d ] CHECK HERE IF NOT APPLICABLE
(a) This form is to be filled out by a person:
(1) Who operates a business r practices a profession, or
(2) Who is a member of a pa nership or joint venture, or
(3) Who is a shareholder in arid is salaried by a closed corporation or similar entity.
(b) Attach to this statement a copy o the following documents relating to the partnership, joint venture,
business, profession, corporation or similar entity (check block to indicate the document is attached):
(1) The most recent Federal Income Tax Return. (] attached
(2) The most recent Profit an Loss Statement. [ ] attached
(c) Name of Business:
Business Address:
Business Telephone:
(d) Nature of Business (check one)
[ ] 1. Sole Proprietorsh
[ ] 2. Partnership
[ ] 3. Joint Venture
[ ] 4. Professional
[ ] 5. Corporation
[ ] 6. Other
(e) Name of accountant, controller or other
person in charge of financial records:
(f) Business Income:
1. Annual income from busin ess:
2. How often is income rece ived:
3. Gross income per pay per od:
4. Net income per pay perio
5. Specify deductions, if an
CERTIFICATE OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that on (0 6? , I served a copy of
the within Income and Expense Statement upon Defendant's attorney, by mailing same by first class mail,
postage prepaid, addressed as follows:
Dld S. Irwin, III, Esquire
64 South Pitt Street
Carlisle, PA 17013
Phone: (717) 737-0100
Fax: (717) 975-0697
Attorney for Plaintiff
-8-
Camp Hill, PA 17011
Supreme Court ID # 32112
Carlisle Small Animal Veterinary Clinic
25 Shady Ln,
4T<aaf* 101431
M1302955
Check date: 12/31/2008
Carlisle, PA 17013
V C? :¦ C?
**Zero And 00/100 Dollars****«***«#*****************************, $ 0.00
fry ¦ C?
Carlisle Small Animal Veterinary Clinic
25 Shady Ln,
Carlisle, PA 17013
Janice A Witmer
6024 William Dr
Mechanicsburg, PA 17050
Department: Hourly
Employee ID 126
Fed Status Married
Num Exempt 1
Add'tl Fed 0.00
Period beginning: 12/15/2008
Period end: 12/27/2008
Check Date: 12/31/2008
Check number.: 101431
Direct Deposit Total 1,283.20
537176497 1,283.20
Reg Hrs OT Hrs Rate Amount YTD
Wags 67.50 7.58 13.0000 1,025.37 29,058.81
Vaca ion 45.25 13.0000 588.25 2,392.00
Holiday 8.00 13.0000 104.00 728.00
Sick 13.0000 104.00
Bonus 950.00
Total Wages 120.75 7.58 1,717.62 33,232.81
Amount YTD Deductions Amount YTD
Fed"I WM 151.09 1,810.35 401-k 68.70 1,299.32
FICXSS W/H 106.49 1,923.46 Medical Insurar 2,209.22
FICArMedW/H 24.90 449.84 Direct Deposit 1,283.20 23,391.16
States W/H 52.73 952"46
Sul 1.03 20.26
Lo* 27.48 496.37
LST 2.00 54.00
I Total Withholdings 365.72 5,706.74 Deductions 1,351.90 26,899.70 I
Net Check 0.00 626.37
AwkwAlt
Copy 2-To Be Filed With Employee's State,
Ci or Local Income Tax Return. 41-0852411
OMR No
1545-0008
a Employee's soc. sec. no. 1-Wages, _tips, other comp. .
2 Federal income tax withheld
27489.64 1 182.4 RA
3 Social security wages 4 Social security tax withheld
b Employer ID number (EIN)
1779 1.5
5 Medicare wages and tips 6 Medicare tax withheld
2869'i RQ 416.09
c Employers na , add ss, and ZIP code
CARLISLE SMALL ANIMAL VETERINARY CLINIC
25 SHADY LN
CARLISLE PA 17013
d Control number
2
e Employee's name, addr ss, and ZIP code Suff.
JANICE A. WITMER
6024 WILLIAM DR
MECHANICSBURG PA 17050
7 Social security tips 8 Allocated tips 9 Advance EIC payment
10 Dependent care benefits 11 Nonqualified plans 12a Code
13 Statutory employee 14 er 1206.2
12b Code
Sol 27
83
Retirement plan .
l
EMST 52.00 12c Code
par
yslck
PRE-TAX 2209.22 12d Code
28695.89 880.95
4
tate I number 16 State we es ti s etc. 17 State
etc. 19 Local income tax 20 Locality name
95.8 459.13 WEST SHORE TAX j
.........-a
DAA F i6 01- I MA a{alemenl zUU1 Dept. of the Treasury -IRS
%'
Department of the Treasury - Internal Revenue Service 2??7
Form 1 O40A U.S. Individual Income Tax Return IRS Use Only - Do not write or staple in this space
Label Your first name and initial Last name OMB No. 1545-0074
(See instructions.) Your sodal security number
Janice L Witmer
Use the If a joint return, spouse's first name and initial Last name Spouse's social security number
IRS label.
Otherwise,
please print
or type Home address (number and street). If you have ai!P.O. box, see instructions. Apartment no.
. You must enter .
. 6024 William Dr. your SSN(s) above
City, town or post office. If you have a foreign ad ress, see instructions. State ZIP code
Checking a box below will
lHischanicaburg PA 17050 not change your
Presidential tax or refund
Election
Cam ai n
01 Check here if you, or ourspouse if filing jointly, want $3 to
o to this fund see instructions .. You Spouse
Filing 1 Single 4 Head of household (with qualifying person). (See instructions.)
status 2 Married filing jointly (even if only one had income) If the qualifying person is a child but not your dependent,
3 Married filing separately. Enter spouse's SSN above and enter this child's name here "'
full name here 5 F] Qualifying widow(er) with dependent child
Check only
one box. see instructions)
Exemptions 6a Yourself. If someone can Claim you as a dependent, do not check box 6a ............ Boxes
h
k
d
c
ec
e
on
1
6s and 6b ....
b Spouse .......................................... ................................. -
If more than six
dependents,
see instructions.
c Dependents:
(1)
First name Last name (2) Dependent's
social security
number (3) Dependent's
relationship
to you (4) ' if
qualifying
i
child tax
credit
Matthew J Witmer 1 0on
d Total number of
No. of children
on 6c who:
• lived
with you ...... 1
• did not
live with
C u due to.
oroe or
separation (see
Instructions) ..
Dependents
on 6c not
entered above . .
Add numbers
claimed ......................................................... on lines above
Income
Attach Form(s)
W-2 hen:. Also
attach Form(s)
1099-R if tax
was withheld.
If you did not
get a W2,
see instructions
Enclose, but
do not attach,
any payment.
Adjusted
gross
income
7 Wages, salaries, tips, etc. Attach Form(s) W-2 ............. .......................... .. 7 27,490.
8a Taxable interest. Attach Schedulee 1 if required ............. ......................... ... 8a 1,247.
b Tax-exempt interest Do not include on dine 8a ..................... . 8b
9a Ordinary dividends. Attach Schedule 1 if required ........... ......................... ... 9a
b Qualified dividends (see instructions) ...................... . 9b
10 Capital gain distributions (see instructions) ................. ......................... ... 10
11 a IRA distributions ............... 11a 11 b Taxable amount ... ... 11b
12a Pensions and annuities ........ 12a 12b Taxable amount ... ... 12b
13 Unemployment compensation and Alaska Permanent
Fund dividends .......................................... ......................... ... 13
14a Social security
benefits .......................i 14a 14b Taxable amount ... ... 14b
15 Add lines 7 through 14b (far righ t column). This is our total income ................... 01 15 28,737.
16 Educator expenses (see instructi ons) ...................... . 16
17 IRA deduction (see instructions) .......................... . 17
18 Student loan interest deduction ee instructions) ........... . 18
19 Tuition and fees deduction. Attac h Form 8917 .............. . 19
20 Add lines 16 through 19. These a re your total adjustments .. ......................... ... 20
21 Subtract line 20 from line
BAA For Disclosure, Privacy Act, and Paperwork
income ..................... " 21
Act Notice, see instructions.
28,737.
Form 1040A (2007)
FDIA1312 11114/07
Form 1040A (2007) -Janice L Witmer Page 2
Tex, 22 Enter the amount from line 21 (adjusted gross income) .................................. 28 , 737 .
credits,
and
23a Check You were born before January 2, 1943, 8 Blind Total boxes
? 23
k
d
payments a
e
.
if: Spouse was born b.fore January 2, 1943, Blind chec
b If you are married filing separately and your spouse itemizes deductions,
b
?
Standard 23
see instructions and check her ..........................................
Deduction 24 Enter your standard deduction) (see left margin) ........................... ........... 24 7, 850.
for -
............... 25 20,
If line 24 is more than line 22, enter -0 . .....
25 Subtract line 24 from line 22
887.
People who .
.
checked any
300 or less, multiply $3,400 by the total number of exemptions claimed
26 If line 22 is $117
box on line
23a or 23b or ,
on line 6d. If line 22 is over $1 7,300, see the instructions .............................. 26 6,
1 800.
who can be 1
25. If line 26 is more than line 25, enter -0-. This is your
27 Subtract line 26 from line
claimed as a .' ..................................................... ? 27 14 ,
taxable income . . 087 .
dependent, 28 Tax, including any alternative mi inimum tax
see
instructions.
(see instructions) ......................................................... 28 1
,551.
• All others:
Single or 29 Credit for child and dependent care expenses.
Married filing Attach Schedule 2 ..... • .. 29
separately,
$5,350
30 Credit for the elderly or the dig bled. Attach Schedule 3 ...... 30
31 Education credits. Attach Form,8863 ....................... 31
Married filing '
jointly or 32 Child tax credit (see instruction).
Qualifying Attach Form 8901 if required . . ............................. 32 1,000.
widow(er), 33 Retirement savings contributions credit. Attach Form 8880 ... 33 121.
$10,700
34 Add lines 29 through 33. These are your total credits ................................... 34 1
,121.
Head of
If line 34 is more than line 28, enter -0 . .................... 35
from
35 Subtract
line 34
430.
Household,
$7,850 '
36 Ad payments from Form(s) W-2, box 9 ....................... 36
ncome credit
earned
Advance
37 Add lines 35 and 36. This is your total tax ........................................... ? 37 430.
38 Federal income tax withheld from Forms W-2 and 1099....... 38 1,624.
39 2007 estimated tax payments and amount applied from
If you have 2006 return ............................................... 39
a qualifying
child, attach 40a Earned income credit (EIC) .. ............................ 40a 722.
Schedule EIC. bNontaxable combat pay election. 40b
41 Additional child tax credit. Attach Form 8812 ................ 41
42 Add lines 38, 39, 40a, and 41. These ar your total payments ..................................... ? 42 2 ,346.
d
R
f 43 If line 42 is more than line 37, ubtract line 37 from line 42.
un
e This is the amount you overpaid ...................................................... 43 1 ,916.
44a Amount of line 43 you want ref ndedto you. If Form 8888 is attached, check here .. ? 44a 1 ,916.
Direct deposit? ? bRouting
See instructions
and fill in 44b, number .......... 03130106 ? c Type: Checking ? Savings
44c, and 44d or ? dAccount
Form 8888. number .......... 537176 97
45 Amount of line 43 you want ap lied to your 2008
estimated tax ............................................ 45
Amount 46 Amount you owe. Subtract line 42 from line 37. For details on how to pay,
you owe see instructions . . . . . . . . , .' ...................................................... ? 46
47 Estimated tax penalty see inst uctions) .................... 47
Third party Do you want to allow another person to discuss this return with the IRS (see instructions)? .......... Yes. Complete the following. LXJ No
designee Personal
Designee's Phone identification
name ? no. ? number (PIN) ?
Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they
i
f
i
on o
preparer (other than the taxpayer)
are true, correct, and accurately list all amounts and sources of income I received during the tax year. Declarat
s ba sed on all
here information of which the preparer has any knowledge.
Your signature Date Your occupation Daytime phone number
Joint return?
I
See instructions. ' reception at
Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation
for your records.
Preparer's Date Check if Preparer's SSN or PTIN
signature self 111" 111" Lu Ann Sie fried employed 175-48-4559
preparer's Firm's name _W_aan_e_r's_ T_a _Service
__ __ _______________
use onl
only (or yours if self-
employed), / 340 E. Lou er St. Suite 1 EIN 23-2262892
d --------- ----1---------------------
dd
a
ress, an
Ph ne
ZIP code Carlisle PA 170+13 no.
FDIA1312 11/14/07 Form 1040A (2007)
SCHEDULE EIC Eamed Income Credit OMB No. 1545.0074
(Form 1040A or 1040) Qualifying Child Information 2007
Department of the Treasury Complete and attach to Form 1040A or 1040 Attachment
Internal Revenue Service my if you have a qualifying child. Sequence No. 43
Name(s) shown on return
I Your social security number
Janice L Witmer
Before be %n; See the instructions for For
You 9 m 1040A, lines 40a and 40b, or Form 1040, lines 66a and
66b, to make sure that (a) you can take the EIC and (b) you have a qualifying child.
• If you take the EIC even though you are of eligible, you may not be allowed to take the credit for up to 10 years. See the
instructions for details.
CAUTION! • it will take us longer to process your retul n and issue your refund if you do not fill in all lines that apply for each qualifying child.
• Be sure the child's name on line 1 and s
Otherwise
at the time we
r cial security number (SSN) on line 2 agree with the child's social security card.
t
d
di
l
'
,
p
ocess your r
it
d i
t
t
ll th
S
i urn, we may re
uce or
sa
low your EIC. It the name or SSN on the child
s social
I S
i
secur
y car
s no
correc
, ca
e
oc ecur
ty Administration at 1-800-772-1213.
Qualifying Child Information Child 1 Child 2
1 Child's name First name Last name First name Last name
If you have more than two qualifying children, you only
have to list two to et the maximum credit ............... Matthew J Witmer
2 Child's SSN
The child must have an SSN as defined in the
Form 1040A or Form 1040 instructions unless the
child was born and died in 2007. If your child was
born and died in 2007 and did not have an SSN,
enter 'Died' on this line and attach a copy of the
child's birth certificate ................................. 182-74-6512
3 Child's year of birth Year 1993 Year
If born after 1988, skip lines 4a If born after 1988 skip lines 4a
and 4b; o to line 5. and 4b; o to line 5.
4 If the child was born before 1989 -
a
Was
lid under age 24 at the end of 2007 and
d
nt?
a
stu Yes. No. Yes. No.
Go to line 5. Continue. Go to line 5. Continue.
bWas the child permanently and totally disabled
during any part of 2007? .................... , ...... Yes. No. Yes. F] No.
Continue. The child is not a Continue. The child is not a
qualifying child. qualifying child.
5 Child's relationship to you
(for example, son, daughter, grandchild, niece, nephew,
foster child, etc ....................................... Son
6 Number of months child lived with you in the United
States during 2007
• If the child lived with you for more than half of 2QO7
but less than 7 months, enter 'T.
• If the child was born or died in 2007 and your hgme
was the child's home for the entire time he or sh
e
l
was alive during 2007, enter '12' ..................... 12 months months
Do not enter more than 12 months. Do not enter more than 12 months.
TIP You may also be able to take the additional chitax credit if your child (a) was under age 17 at the end of 2007, and (b) is a U.S.
citizen or resident alien. For more details, see toe instructions for line 41 of Form 1040A or line 68 of Form 1040.
BAA For Paperwork Reduction Act Notice, see Form 10?OA or 1040 instructions. Schedule EIC (Form 1040A or 1040) 2007
FOIA7401 10116/07
MO Credit for Qualified Retirement Savings Contributions OMB No. 1545.0074
Form
? Attach to Form 1040, Form 1040A, or Form 1040NR. 2007
Department of the Treasury Attachment 55
Internal Revenue Service ? See Instructions. Sequence No.
Name(s) shown on return Your social smurky rumba
Janice L Witmer
CAUTION! You cannot take this credit if either of the following applies.
• The amount on Form 1040, line 38, Form 1040A, line 22, or Form 1040NR, line 36 is more than $26,000 ($39,000 if head of
household; $52,000 if married filing join I )'
• The person(s) who made the qualified c ntribution or elective deferral (a) was born after January 1, 1990, (b) is claimed as a
dependent on someone else's 2007 tax r turn, or (c) was a student (see instructions).
1 Traditional and Roth IRA contributions for 2007. Do not include
rollover contributions ............................. ........................... 1
2 Elective deferrals to a 401(k) or other qualified empl oyer plan, voluntary
employee contributions, and 501 (c)(1 8)(D) plan cont ributions for 2007
(see instructions) ........................................................... 2 1,206.
3 Add lines 1 and 2 ........................................................... 3 1,206.
4 Certain distributions received after 2004 and before he due date (including
extensions) of your 2007 tax return (see instructions). If married filing jointly,
e
instructions for
include both spouses' amounts in both columns. Se
an exception ............................................................... 4
5 Subtract line 4 from line 3. If zero or less, enter -0................... .......... 5 1,206.
6 In each column, enter the smaller of line 5 or $2,000 .......................... 6 1,206.
7 Add the amounts on line 6. If zero, stop; you cannot take this credit .............. ......... .................
8 Enter the amount from Form 1040, line 38*; Form 1040A, line 22; or Form
1040NR, line 36. ............................................................ 1 8 1 28,737.
9 Enter the applicable decimal amount shown below:
If line 8 is- And our filing status is-
Marrie Head of Single, Married filing
Over- But not filing join ly household separately, or
over- E ter on line 9- Qualifying widow(er)
--- $15,500 .5 .5 .5
$15,500 $17,000 .5 .5 .2
$17,000 $23,250 .5 .5 .1
$23,250 $25,500 .5 .2 .1
$25,500 $26,000 .5 .1 .1
$26,000 $31,000 .5 .1 .0
$31,000 $34,000 .2 .1 .0
$34,000 $39,000 .1 .1 .0
$39,000 $52,000 .1 .0 .0
$52,000 .0 .0 .0
Note: If line 9 is zero, sto.#; you cannot take this credit.
..........................
10 Multiply line 7 byline 9 ......................................................
11 Enter the amount from Form 1040, line 46; Form 1040A, line 28; or Form
1040NR, line 43 .............................. I 11 1,551.
12 1040 filers: Enter the total of your credits from Ii es 47 through
49, and 51. 12
1040A filers: Enter the total of your credits from lines 29 through 31.
104ONR filers: Enter the total of your credits from lines 44 and 46.
13 Subtract line 12 from line 11. If zero, stop; you cannot take this credit .. ................................. .
14 Credit for qualified retirement savings contribution Enter the smaller of line 10 or line 13 here and on
Form 1040, line 53; or Form 1040A, line 33; or Form 1040NR, line 48 ......................................
*See Publication 590 for the amount to enter if you are filing Form 2555, 2555-EZ, or 4563 or
BAA For Paperwork Reduction Act Notice, see instructi ns.
(b) Your spouse
7 1,206.
9 X 0.1000
l
10 121.
13 1,551.
14 121.
income from Puerto Rico.
Form 8880 (2007)
FDIA9501 12124/07
0700113172 1
PA-40 - 2007
Penn ylvania income Tax Return
ENTER NE LETTER OR NUMBER IN EACH BOX.
o Not Use Your Preprinted Label
WITMER
JANICE
L Occupation RECEPTION I
Occupation
N Extension.
N Amended Return.
R Residency Status.
PA Resident/Nonresident/Part-Year Resident
from to
S Single/Married, Filing Jointly/Married,
Filing Separately/Final Return/Deceased
Date of Death
6024 WILLIAM DR
MECHANICSBURG PA 17050
1 a Gross Compensation. Do not include exempt income, such as combat
zone pay and qualifying retirement benefits. See the instructions.
1 b Unreimbursed Employee Business Expenses.
1 c Net Compensation. Subtract Line 1 b from Line 1 a.
2 Interest Income. Complete PA Schedule A if require d.
3 Dividend and Capital Gains Distributions Income. Complete PA Schedule 8 if required.
4 Net Income or Loss from the Operation of a Business, Profession, or Farm.
5 Net Gain or Loss from the Sale, Exchange, or Dispo6ition of Property.
6 Net Income or Loss from Rents, Royalties, Patents, or Copyrights.
7 Estate or Trust Income. Complete and submit PA Schedule J.
8 Gambling and Lottery Winnings. Complete and submit PA Schedule T.
9 Total PA Taxable Income. Add only the positive inc me amounts from Lines 1 c,
2, 3, 4, 5, 6, 7, and 8. DO NOT ADD any losses reported on Lines 4, 5, or 6.
10 Other Deductions. Enter the appropriate code for the type of deduction.
See the instructions for additional information.
11 Adjusted PA Taxable Income. Subtract Line 10 from Line 9.
PAIA0412 11/13107
EC
0700113172 FT
N Farmers.
N
School District Name
1a 28696
1b 0
1C 28696
2 295
3 0
4 0
5 0
6 0
7 0
8 0
9 28991
10 0
11 28991
FC
m 0700113172
0701910028
PA SCHEDULE W-2S
Wage Statement Summary
/ OFFICIAL USE ONLY
PA-40 W-25 (09-07)(1) 200J
Summary of PA Taxable E ployee, Non-employee, and Miscellaneous Compensation
Name shown first on the PA-40 (if filing jointly) Social Security Number (shown first)
Janice L Witmer
Use this schedule to list and calculate y ur total PA taxable compensation and PA tax withheld from all sources.
Part A Instructions: List each Federal Form W-2 for you and your spouse, if married, received from your employer(s). In the first column enter
T for the taxpayer's Social Security Number that appear first on the PA tax return and enter S for the second or spouse SSN. From the Forms
W-2, enter each employer's Federal Employer Identification Number (EIN). Enter the amounts from the Forms W-2 in each column.
IMPORTANT: You do not have to submit a copy of your Form W-2 if you earned all your income in Pennsylvania and your employer reported
your PA wages correctly and withheld the correct amount of PA income tax. You must submit a copy of your Form W-2 in certain
circumstances. See the PA Schedule W-2S instructions or a list of when a copy of a W-2 is required.
Part B Instructions: List each source of income receive during the taxable year on a form or statement other than a Federal Form W-2. Enter
each payer's name. List the payment type that most clo ely describes the source of your non-employee compensation. Enter the amount of
other compensation that you earned. If the form or state ent does not have separately stated amounts, enter the amount shown in both
Federal and PA columns.
IMPORTANT: You must submit a copy of each form andl statement that you list in Part B, whether or not the payer withheld any PA income tax
and regardless of whether or not the income was taxable in PA. CAUTION: The federal and Pennsylvania (state) wages may be different in
Part A and Part B.
If vnu need mnm cn2re_ vnu maw dhnfnrnnv Chic schedule nr mate vnur nwn schedules in this format.
Part A - Federal Forms W-2
T/S Employer EIN from box b Feder I wages
from box 1 Medicare wages
from box 5 PA compensation
from box 16 PA income tax
withheld from box 17
T 27490 28696 28696 881
Total Part A-Add the Pennsylvania columns ......... ................................... 28696 881
Part Br Miscellaneous and Non-employee Compensation from Federal Forms 1099R,1099MISC, and other statements
YOU MUST SUBMIT COPIES OF EACH FORM OR STATEMENT LISTED IN THIS PART
A B Type C Payer name D E Total federal F Adjusted plan G PA compensation H PA tax withheld
Tie Dean amount basis
I Total Part B - Add the Pennsylvania columns ......... ......................................... .
TOTAL - Add the totals from Parts A and B 28696 881
I Enter the TOTALS on vour PA tax return on: Line 1a Line 13 1
Payment type: A Executor fee B Jury duty pay C Director's fee D Expert witness fee
E Honorarium F Covenant not to compete G Damages or settlement for lost wages, other than personal injury
H Other nonemployee compensation. Describe:
Distribution from employer sponsored retirement, pension, or qualified deferred compensation plan
J Distribution from IRA (Traditional or Roth) K Distribution from Life Insurance, Annuity or Endowment Contracts
L Distribution from Charitable Gift Annuities
1 0701910028 PAIA0601 11/06/07 0701910028 1
PA-40 - 2007
Social Security Number
0700213186
I
203542502 Name(s)IJanice L Witmer
12 PA Tax Liability. Multiply Line 11 by 3.07 percent ( .0307).
13 Total PA Tax Withheld. See the instructions.
14 Credit from your 2006 PA Income Tax return.
15 2007 Estimated Installment Payments.
16 2007 Extension Payment.
17 Nonresident Tax Withheld from your PA Schedule(s) NRK-1. (Nonresidents only)
18 Total Estimated Payments and Credits. Add Line$114, 15, 16, and 17.
Tax Forgiveness Credit.
19a Filing Status: 01 Unmarried or Separated 02 Married 03 Deceased
19 b Dependents, Part B, Line 2, PA Schedule SP
20 Total Eligibility Income from Part C, Line 11, PA Schedule SP.
21 Tax Forgiveness Credit from Part D, Line 16, PA Schedule SP.
22 Resident Credit. Submit your PA Schedule(s) G-R with your
PA Schedule(s) G-S, G-L and/or RK-1.
23 Total Other Credits. Submit your PA Schedule OC.'
24 TOTAL PAYMENTS and CREDITS. Add Lines 13, 118, 21, 22, and 23.
25 TAX DUE. If Line 12 is more than Line 24, enter th' difference here.
26 Penalties and Interest. See the instructions. Enter code:
If including form REV- 1630, mark the box. N
27 TOTAL PAYMENT. Add Lines 25 and 26.
28 OVERPAYMENT. If Line 24 is more than the total of Line 12 and Line 26, enter
the difference here.
The total of Lines 29 through 35 must equal Line ??8.
29 Refund - Amount of Line 28 you want as a check ailed to you. Refund
30 Credit - Amount of Line 28 you want as a credit t your 2008 estimated account.
31 Amount of Line 28 you want to donate to the Wild esource Conservation Fund.
32 Amount of Line 28 you want to donate to the Military Family R lief Assistance Program.
33 Amount of Line 28 you want to donate to the Gove nor Robert P. Casey Memorial
Organ and Tissue Donation Awareness Trust Fun .
34 Amount of Line 28 you want to donate to the Juvenile (Type 1) Diabetes Cure
Research Fund.
35 Amount of Line 28 you want to donate to the Breast and Cervical Cancer
Research Fund.
Signature(s). Under penalties of perjury, I (we) declare that I (we) have ex mined this return, including all
accompanying schedules and statements, and to the best of my (our) belie , they are true, correct, and complete.
Your Signature Spouse's Signatu e, if filing jointly
Preparer's Name and Telephone Number
Wagner's Tax Service
340 E. Louther St.. Suite 1
Carlisle
1 0700213186
12 890
13 881
14 0
15 0
16 0
17 0
18 0
19a 00
19b 00
20 0
21 0
22 0
23 0
24 881
25 9
26 0
27 9
28 0
29 0
30 0
31 0
32 0
33 0
34 0
35 0
Firm EIN Preparei s SSN/PTIN
Date
PA 17013
Pape 2 of 2
PAIA0412 11/13107
0700213186 1
Make check payable to: Pennsylvania Department of Revenue
Mail to:
Pennsylvania Department of Revenu?
Payment Enclosed
1 Revenue Place
Harrisburg PA, 17129-0001
Note: Write the last four digits of your SSN (and spouse's ssn if filing joint),
daytime phone number and tax year on your check.
- CUT ALONG DOTTED LINE _
---------------T ----- -----------------------^ --------------
0.07, P,AzV PA PAYMENT VOUCHER 1
203-54-2502 WI
WITMER
JANICE L
6024 WILLIAM DR
MECHANICSBURG
PA
17050
L
DEPARTMENT USE ONLY
PAIZ3401 12/05/07
0700918105
PAYMENT AMOUNT
Make check or money order
payable to the Pennsylvania
Department of Revenue
9.00
I
FORM 531 - FINAL EARNED INCOME TAX RETURN
WEST TAX BUREAU
PHONE: 717-761-4900
WEB SITE: WWW.WESTAB.ORG
TAX YEAR 2007
ATTACH APPROPRIATE
COPIES OF STATE
SCHEDULES AND/OR ALL
W-2'S & 1099'S
151.h EVEN ;t NO, TAX eS DUE OR IF- ALL TAX HAS BEEN VVi I"HHELD
V r'u i ra [: r: t-??:"•? R?C) uv ,.AVV F I L F. 1 S R E T I IFt N' ire 74 BEFORE APRIL
456048
FULL YEAR RESIDENT YES 0 NO 0 M NICIPALITY HAMPDEN TWP
A husband and wife may both file on this form, however tax
calculations must be reported In separate columns. Joint
f iling (combining of Income or expenses) is not permitted.
56917
WITMER JANICE A
6024 WILLIAM DR
MECHANICSBURG PA 17050
lrlrllrrrrllrri?rl?rlrlrrr?llrrl?irl?rlrr?lll
lll
lil
I
rr?r
rrr
rrr
IF YOU MOVED DURING THE TAX YEAR COMP ETE THE FOLLOWING MOVI
•.
NG INFORMATION:
Moved in 1/1 Address Moved in 111 A ddress
Moved Out Moved Out
Moved in Moved in
Moved Out Moved Out
Moved in Moved in
Moved Out 12/31 Moved Out 12131
er A SS # T/P A - NAME 4, TIP B - NAME y
a
Tax
y
p
YOU MUST
COMPLETE Taxpayer B SS #
1. Gross Earnings from Employment: 1 R (0 9 (a
2. Other Earned Income 2
3. Allowable Non-Reimbursed Employee Business Expenses Encl6se PA Sch UE 3
4. Taxable Earnings Add Lines 1 & 2 Subtract Line 3 4
5. Net Loss Atrach PA Sch C, F, RK-1 and/or NRK-1 ?,P) * Et PA S:Jr, C.F is not acceptable. 5
6. Subtotal Subtract Line 5 from Line 4 6
7. Net Profits Attach PA Sch C, F. RK-1 and/or NRK-1 NOTE PA:5ch C-F :s nor acceptable 7
8. Total Earned Income Line 6+Line 7 l NOT ROUND past this point a
9. Tax Liability Line 8 multiplied by tax fate (. L (See back Return for tax rates) 9
10. Quarterly Estimated Payments/Credit From Previous Tax Year 10
11. Earned Income Tax Withheld Generally the amount is shown in Box 19 of attached W-2s 11
12. Mise Credit See worksheet on back of form for calculating Philaoelphia/Out of State Credit 12
13. Total of 1.0, 11, & 12 13
14. REFUNDICREDIT Subtract Line 9 from Line 13 N01'E NO Refunds under ai.00 14
15. CREDIT TO NEXT YEARICREDIT TO SPOUSE Next Year ? Spouse ? 15 G
16: TAX DUE If Line 9 is greater than Line 13-Subtract Line 13 from Line 9 16
17, Interest + Penalty (1 % per month after April 15th) 17
18. TOTAL AMOUNT DUE Line 16 + Line 17 NOCE .4rnuun s .-ess than 5t eQ need not Y;e pa 1a
00 WILL BE CHARGED FOR RETURNED CHECKS
A FEE Of $20
BUREAU
T
.
.
A
MAKE CHECKS PAYABLE TO WEST SHORE
I declare under penalties of perjury that I have examined this return and to the best of my knowledge and belief, it is a true, accurate and complete return.
Si nature-Tax a er A Date Occupation E-Mail Da time Tele hone
Si nature-Tax a er B Date Occupation E-Mail Daytime Telephone
Pre arer's NamelAddress Please Print Pre arer's Telephone
.?,
??
-::?
...
?: ,
? ?
_
? ??
_?
??
...,?
_.?
?
s
;:_--,
.. .:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff NO. 07-1060 CIVIL TERM
V.
CIVIL ACTION - LAW
Dated: /0?
DAVID J. WITMER, DIVORCE
Defendant
I
INVENT6RY OF JANICE A. WITMER
Plaintiff files the following inventory of all property owned or possessed by either party at
the time this action was commenced and all property transferred within the preceding three years.
Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff
understands that false statements her?in are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
JANICE A. WITMER, PLAINTIFF
C\
ANE G. CL SQUIRE
3 oad
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Email: dianeradcliffna.comcast.net
Supreme Court ID 32112
Dated: -1 )(, 0 9
Plaintiff marks on the list
those items applicable to the case at bar and itemizes the
assets and debts on the following pag es:
(,() 1. Real Property and Rea l Estate Mortgages
(,?) 2. Motor Vehicles and V ehicle Liens
(,r) 3. Stocks, Bonds, Securities and Options
() 4. Certificates of Deposit
(,?) 5. Checking Accounts, Cash
(,/) 6. Savings Accounts, Money Market and Savings Certificates
() 7. Contents of Safe Deposit Boxes
O 8. Trusts
(d) 9. Life Insurance Policies
O 10. Annuities
O 11. Gifts
O 12. Inheritances
O 13. Patents, Copyrights, Inventions, Royalties
() 14. Personal Property Outside the Home
(,/) 15. Business
() 16. Employment Termination Benefits-Severance Pay, Worker's Compensation
O 17. Profit Sharing Plans
() 18. Pension Plans (indicate employee contribution and date plan vests)
(,?) 19. Retirement Plans, Individual Retirement Accounts
O 20. Disability Payments
() 21. Litigation Claims (matured and unmatured)
() 22. MilitaryN.A. Benefits
O 23. Education Benefits
() 24. Debts Due, including loans, mortgages held
(,?) 25. Household Furnishing s and Personalty
() 26. Other Assets
O 27. Loans, Credit Cards a nd Other Debts
-2-
INFORMATIONAL NOTES AND CODES
1. denotes that the entry (value) is verified by a document.
2. "V denotes documents/information to be supplied by the designated party.
3. "W denotes an item about which a decision is required.
4. "NM" denotes non-marital property not subject to equitable distribution.
5. The values used in the various Tables herein may, in some cases, be based on estimated values.
Those estimated values are subject to adjustment upon appraisal or otherwise.
6. Any adjustment figures used in the various tables herein are for illustration purposes only and
are not to be deemed a representation on the part of the Plaintiff as to whether an adjustment
should be made or the amount of the adjustment, if any is appropriate.
-3-
SECTION I.
BACKGROUND INFORMATION
The following Table #1 sets forth the background information relevant to this case:
TABLE #1-A
PARTIES
Name D avid J. Witmer Janice A. Witmer
Maiden Name -- Janice L. Albright
Address 257
C Country Club Road
lisle, PA 17015 6024 William Drive
Mechanicsburg, PA 17050
Work Phone No. (717) 243-2717
E-mail jwitmerl 02&ao1..com
Date of Birth 04/27/1953 10/02/1961
Age 55 47
Place of Birth Carlisle, PA Carlisle, PA
Health Status Good Good
Educational Background Hi School Graduate High School Graduate
Names and Relationship of
Persons Living with Party None Known Matthew J. Witmer, Son
Date Moved to Residence (February 1990 February 2007
Date PA Residency Began Since Birth Since Birth
Current Military Service N/A N/A
Employer's Name and Address leim Excavation Carlisle Small Animal Veterinary Clinic
25 Shady Lane, Carlisle, PA 17013
Occupation (Job Position) Laborer Receptionist
Date Job Commenced 1999 1986
Est. Annual income $25,000+/- $33,232
-4-
TABLE #1-B
MARRIAGE INFORMATION .
ON k
i
Date of Marriage
2/24/1990
Place of Marriage Carlisle, Cumberland County, PA
Date of Separation 2/7/2007
Grounds for Divorce No-Fault
Prior Divorce Actions Between Parties None
Number of this Marriage for Wife 1
Number of this Marriage for Husband 1
TABLE #1-C
CHILDREN OF THIS `MARRIAGE
F.
!! AGE TX UT 5 r.r
.?
I Matthew J. Witmer I 15 I 04/05/1993 10th Mother
TABLE #1-D
SUPPORT FOR THIS MARRIAGE
ft"ON
Name of Party Paying Support David J. Witmer
Beneficiaries of Support Matthew J. Witmer
Amount of Support $320.00/Month
Allocation N/A
Agreement or Order Order
Date of Agreement or Order 03/06/2007
Effective Date of Order 02/9/2007
Docket Number of Support Order 00113 S 2007
-5-
TABLE #1-E
(PRIOR MARRIAGES
4
f I 3?
n
WT 177j"p
66
N/A N/A N/A N/A
TABLE #I-F
CHILDREN OF OTHER RELATIONSHIPSIMARRIAGES
PA'Y OF
kX L '
"
H
i
N/A N/A N/A N/A N/A
TABLE #1-G
SUPPORTIALIMON-V FOR PRIOR MARRIAGES/RELATIONSHIP
' t
Name of Party Paying Support N/A N/A
Beneficiaries of Support N/A N/A
Allocation N/A N/A
Agreement or Order N/A N/A
Date of Agreement or Order N/A N/A
Docket Number of Support Order N/A N/A
Comments: N/A N/A
-6-
TABLE #1-H
PROCEEDINGS INFORMATION:
Complaint Filing Date 02/27/2007
Date of Service 03/01/2007
Manner of Service Certified Mail/Restricted Delivery
Type of Divorce Requested 3301(c)
Economic Claims Raised Equitable Distribution; APL, Alimony,
Counsel Fees, Costs and Expenses
1
ANSW' COVNTMCLAIM ANWORt OT
Type of Pleading Answer
Pleading Filing Date March 2, 2007
Type of Divorce Requested N/A
Economic Claims Raised None
INCOME, f:xpt 1SE'STATF'
Plaintiffs I&E Statement Filing Date Concurrent
Defendant's I&E Statement Filing Date None Filed
INVENT RTES ?, r»
Plaintiffs Inventory Filing Date Concurrent
Defendant's Inventory Filing Date None Filed
1 33Q1 C :D"IMENTS °
Plaintiffs 3301(c) Affidavit Date
Plaintiffs 3301(c) Affidavit Filing Dater
Defendant's 3301(c) Affidavit Date
Defendant's 3301(c) Affidavit Filing Da te
Plaintiffs 3301(c) Waiver of Notice Da
Plaintiffs 3301(c) Waiver Filing Date
Defendant's 3301(c) Waiver of Notice D ate
Defendant's 3301(c) Waiver Filing Dat
-7-
TABLE #1-H
PROCEEDINGS INFORMATION:
330t . 1 E k
Date of Physical Separation 2/7/2007
Physical 2 Year Separation Date 28/7/2009
Plaintiffs 3301(d) Affidavit Date
Plaintiffs 3301(d) Affidavit Date Filing ate
3301 (D) Affidavit Service Date
Manner of Service of 3301(d) Affidavit
Date of Plaintiffs Notice of Intent to Re
Divorce Decree and Praecipe to Transm quest Entry of
it Record
Plaintiffs Notice to Request Entry of Di
Praecipe to Transmit Record Service Da orce Decree and
e
Manner of Service of Plaintiffs Notice 1
of Divorce Decree and 3301(d) Counter 2 Request Entry
ffidavit
HI RCATION
i
Has the case been bifurcated?
No
Date of decree granting bifurcation N/A
If bifurcation granted by consent or aft hearing N/A
-8-
Janice A. Witmer vs David J. Witmer
DOM: 2/24/1990 • DOS (Physical): 2/7/2007
Date Prepared: December 29, 2008
SECTION II.
MARIT?.L ASSETS AND DEBTS
The following Table #2 sets forth the listin? of the marital assets and debts of the parties:
TABLE #2
MAW ASSETS AND DEBTS
Ln B. Owner Description Date Net Value Net Proposed Proposed
No Ref Calculation Distribution Distribution Distribution
5
RE-1
JT
257 Country Club d
270, (X10.00 00,
Carlisle PA .41
6 RE-1 H M&T HELOC Lo 11.15.08 (38, 588.82)
7 RE-1 -- Net Value -- 231,411.18 231,411.18 115,705.59 115,705.59
8 Comments:
> Property Acquired in 1988 from Hi?sband's family. Originally in H's sole name and transferred to joint
names in 1990.
> Home Equity Loan is in Husband's sole name and was for pole barn on adjacent property.
Husband took advances of $9,108.10 post separation through 11/15/08. He will owe wife 1/2 of that amount
from his share of proceeds when the home sells or upon his purchase of wife's interest. See Table 2-B for
calculations
*Property in clean and green, and taxc s may be due and owing if home is sold
)O-See Barrett Appraisal 1
*Wife recommends sale of home and division of proceeds. Any adjustment amounts indicated at the end of
this table to be paid from party's shat of proceeds. --
9 RE-2 it 10 acres unimprov 112, 000.00 112,000.00 56,000.00 56,000.00
land adjoining 257
Country Club Rd.,
Carlisle, PA
10 Comments:
> Property acquired 1999 with H's in eritance but put into joint names
r
s may be due and owing if property sold
*Property in clean and green, and ta
*See Barrett Appraisal
>Wife recommends sale of home and division of proceeds. Any adjustment amounts indicated at the end of
this table to be paid from party's shar of proceeds.
12 V-1 Jt 1998 Ford Explorer 2.16.06 3,990.00 1.990.00 3,990.00
13 Comments:
YKBB Tlv Goad
-9-
Janice A. Witmer vs David J. Witmer
DOM: 2/24/1990 • DOS (Physical): 2/7/2007
Date Prepared: December 29, 2008
TABLE #2
AL ASSETS DEBTS
Ln B. Owner Description Date Net Value Net Proposed Proposed
No Ref Calculation Distribution
Value Distribution Distribution
To Husband To W fe
14 V-2 it 2001 Ford Escort 10.3.07 2,360.00 2,360.00 2,360.00
15 Comments: *KBB TiV Good
tb v-3 Jt 1994 Ford F-1 50 Truck 1(1.3.(17 3,405.00 3,405.00 3.405.00
17 Comments:>KBB TIV Good
19 EW-1 Jt/H US Savings Bonds - 2.07 8,755.70 8,755.70 8,755.70
Husband's Possession Estimated
20 Comments:
*These bonds were in possession of Husband since separation. Since he has not provided the date of issue, the
values have been estimated using other bonds.
*See Table 2-A-1 for listing and estimated valuation
19 INV-2 Sold US Savings Bonds sold 2.07-8.07 2,817.20
by Wife
20 Comments:
> These are bonds cashed by Wife Post Separation;
*See Table 2-A-2 for listing and valuation
21 EW-3 17W US Savings Bonds - ! 2.07 25,238.28 25,238.28 25,238.28
Wife's Possession
22 Comments:
*See Table 2-A-3 for listing and valuation
23 INV-4 H & US Savings Bonds he ld 9.07 21, 404.70 N/A N/A N/A
son jointly with son
24 Comments:
*These are son's bonds held by Wife and are to be given to him or used for education.
*See Table 2-A-4 for listing and valuation
25 INV-5 JT American Electric & 8.8.07 53, 669.03 53,669.03 26,834.52 26,834.52
Power
26 Comments: *Since values may vary,lpreliminarily equal division is suggested.
27 NV-6 JT Deere & Comp 8.1.07 6,188.66 6,188.66 3,094.33 3,094.33
28 Comments: *Since values may vary, preliminarily equal division is suggested.
29 INN-7 JT ExxonNlobile 9.10.07 2,988.72 1988.72 1.494.36 1,494.36
30 Comments: *Since values may va reliminaril 'equal division is suggested.
-10-
Janice A. Witmer vs David J. Witmer
DOM: 2/24/1990 • DOS (Physical): 2/7/2007
Date Prepared: December 29, 2008
TABLE #Z
Ln
No B.
Ref Owner Description Date Net Value
Calculation Net
Distribution Proposed Proposed
Distribution Distribution
31 INV-8 JT Home Depot 9.13.07 1,423.88 1,423.88 711.94 711.94
32 Comments: *Since values may vary, preliminarily equal division is suggested.
33 INS'-9 J"I Idearc 9.12.07 70.48 70.48 35.24 35.24
34 Comments: >Since values may vary, preliminarily equal division is suggested.
-
35 INV-
10 JT JP Morgan Chase
i 6.6.07 3,656.49
1 3,656.49 1,828.25 F"
36 Comments. )N-Since values may vary, preliminarily equal division is suggested.
37 INV-
11 JT Kodak 7.16.07 3,65649 3,656.49 1,828.25 1,828.25
38 _ Comments: )Since values may vary,preliminarily equal division is suggested.
39 INV-
12 JT Mellon Invest SVC 8.7.07 22, 013.76 22,013.76 11,006.88 11,006.88
40 Comments. *Since values may vary, ipreliminarily equal division is suggested.
41 INV- JT
13 Verizon 8.1.07 2,392.22 2,392.22 1,196.11 1,196.11
42 Comments: *Since values may vary, lpreliminari ly equal division is suggested.
43 INV-
14 JT Wisconsin Energy 9.1.07 37, 797.02 37,797.02 18,898.51 18,898.51
44
46 Comments: *Since values may vary, preliminarily equal division is suggested.
A-1 W Commerce # 6497 2.7.07 1,344.24 1,344.24 1,344.24
47 Comments:
48 A-2 JT M&T Checking #1325 2.9.07 69.63 69.63 69.63
49 Comments:..
50 A-3 H NI I T Select 4 2.13.07 27,59 27.59 27.59
51
Comments:
E
52 A4 H Commerce Checking
#6658 2.8.07 1,259.29 1,259.29 1,259.29
53 Comments:
-11-
Janice A. Witmer vs David J. Witmer
DOM: 2/24/1990 • DOS (Physical): 2/7/2007
Date Prepared: December 29, 2008
TABLE #2
MAJUTAL ASSETS AM DEBTS
Ln
No
55 B. Owner Description Date Net Value Net Proposed Proposed
Ref Calculation Distribution Distribution Distribution
V1, Husband T ip
Ins-i W State Farm Life Policy 7.25.07 1,070.20 1,070.20 1,070.20
#6027
56 Comments: *See statement
57 Ins-2 H State Farm Life Policy # 4.26.07 2,321.70 2,321.70 2,32 1.70
Comments: *See Statement
59 Ins-3 H
I
Nationwide #3637
6.16.07
1,213.20
1,213.20
1,213.20
60 Comments: )P-See Statement
61 Ins4 H Life Actuarial Life
Policy 2.7.07 2,243.23 2,243.23 2,243.23
62
64 Comments: >See Statement
B-1 H Witmer Creek Farm 127,300.00 127,300.00 127,300.00
Equipt.
65
67 Comments: ),-See Shetron 8.30.08 Appraisal
Ret-1 W CSAVC 401K 12.31.06 53,508,22 53,508.22 53,508.22
68 Comments: *See Statement
69 Ret-2 w Vanguard IRA #2919 12-31.06 39,771.58 39,771.8 39,771.58
70 Comments: *See' Statement
71 Ret-3 H Vanguard IRA 12.31.06 76 48x5.04 76,486.04 76,486.04
72'"'
74 Comntents: )P-See Statement
HG-1 H Household Goods 0.00 0.00
75 Comments: Y parties to determine of property to be distributed as is, valued or distributed in kind
76 HG-2 W Household Goods j 0.00 0.00
77
[--79 Comments: > Parties to determine of property to be distributed as is, valued or distributed in kind
ty ?.u d
r
Total of Assets 827,631.83 464,075.35 363,556.49
-12-
Janice A. Witmer vs David J. Witmer
DOM: 2/24/1990 • DOS (Physical): 2/7/2007
Date Prepared: December 29, 2008
TABLE #2
Ln B. Owner Description Date Net Value Net Proposed Proposed
No Ref Calculation Distribution Distribution Distribution
81 Net Total • Assets Minus Liabilities F rom Above 827,631.83
82 Amount Due Parties in 50/50 Division 413,815.92 413,815.92
83 Less Total Assigned to Parties From A bove (464,075.35) (363.556.49)
84 50/50 Division Adjustment Amount (50,259.43) 50,259.43
85 '/z of Fair Rental Value for period 2.1.07-12-3 1.00 See Table 2-C 7 5(, 21.08) 7.521.08
86 Payment Due Wife for 50150 + % FR (57,780.51) 57,780.51
87 Payment due Wife for''/z of Post Separ tion HELOC Charges (See Table 2-13) (9,108.10) 9.108.10
88 Pavment Due Wife for 50/50 + Y2 FR + % of Post Separation HELOC (66,888.61) 66,888.61
-13-
NOTES ON US SAVINGS BONDS
The US Savings Bonds referenced above
2-A-3 and 2-A-4:
ar? identified, listed and valued in the following Tables2-A-1; 2-A-2;
t
No Serial Number Denomina tion Compared to Estimated
Issue Date 2/2007 Value
1 C337633390EE 100 C345893720EE 5.1992 112.24
2 C337633391EE 100 C345893720EE 5.1992 112.24
3 C345867961EE 100 C345893720EE 6.1992 112.24
4 C345867962EE 100 C345893720EE 6.1992 112.24
5 C345893711EE 100 C345893720EE 6.1992 112.24
6 C345893712EE 100 C345893720EE 6.1992 112.24
7 C345893713EE 100 C345893720EE 6.1992 112.24
8 C345893714EE 100 C345893720EE 6.1992 112.24
9 C345893715EE 100 C345893720EE 6.1992 112.24
10 C345893716EE 100 C345893720EE 6.1992 112.24
11 C345893717EE 100 C345893720EE 6.1992 112.24
12 C345893718EE 100 C345893720EE 6.1992 112.24
13 C345893719EE 100 C345893720EE 6.1992 112.24
14 C345909836EE 100 C345893720EE 6.1992 112.24
15 C345909837EE 100 C345893720EE 6.1992 112.24
16 C345981359EE 100 C345893720EE 6.1992 112.24
17 C361771376EE 100 C345893720EE &
C387027306EE 6.1992-
12.1992 110.04
18 C361771377EE 100 C345893720EE &
C387027306EE 6.1992-
12.1992 110.04
19 C361771378EE 100 C345893720EE &
C387027306EE 6.1992-
12.1992 110.04
20 C361964608EE 100 C345893720EE &
C387027306EE 6.1992-
12.1992 110.04
21 C362186006EE 100 C345893720EE &
C387027306EE 6.1992-
12.1992 110.04
-14-
{ f
MY F
R us s*5? r ?
No Serial Number Denomin tion Compared to Estimated
Issue Date 2/2007 Value
22 C363186007EE 100 C345893720EE &
C387027306EE 6.1992-
12.1992 110.04
23 C387027304EE 100 C387027306EE 12.1992 110.04
24 C387027305EE 100 C387027306EE 12.1992 110.04
25 C447952986EE 100 C447259175EE 12.1993 87.16
26 C631184331EE 1001 C447259175EE 12.1997 72.68
27 C631315051EE 100 C447259175EE 12.1997 72.68
28 C632645322EE 100! C447259175EE 12.1997 72.68
29 C634152714EE 100 C447259175EE 12.1997 72.68
30 C634348987EE 100 C447259175EE 12.1997 72.68
31 C645981358EE 100 C447259175EE 4.1998 71.68
32 C759428113EE 100 C447259175EE 4.2000 65.08
33 K97349075EE 75 No Comparison -- 50
34 K97349076EE 75 No Comparison -- 50
35 K97349077EE 75 No Comparison -- 50
36 K97357273EE 75 No Comparison -- 50
37 L319272733EE 50 L5253539381EE 4.1993 42.76
38 L481038111EE 50 L5253539381EE 1.1994 43.58
39 L481080495EE 50 L5253539381EE 1.1994 43.58
40 L481095196EE 50 L5253539381EE 1.1994 43.58
41 L481242501EE 50 L5253539381EE 1.1994 43.58
42 L481272502EE 50 L5253539381EE 1.1994 43.58
43 L481272503EE 50 L5253539381EE 1.1994 43.58
44 L481272504EE 50 L5253539381EE 1.1994 43.58
45 L481272505EE 50 L5253539381EE 1.1994 43.58
46 L481272506EE 50 L5253539381EE 1.1994 43.58
47 L481272507EE 50 L5253539381EE 1.1994 43.58
48 L481272508EE 50 L5253539381EE 1.1994 43.58
49 L526698482EE 50 L5253539381EE 5.1994 42.66
50 L542501802EE 50 L5253539381EE 8.1994 42.66
-15-
ii4 ?i _ fl.-I T t
No Serial Number Denomina tion Compared to Estimated
Issue Date 2/2007 Value
51 L546509826EE 50 L5253539381EE 9.1994 41.86
52 L548705803EE 50 L5253539381EE 9.1994 41.86
53 M71095503EE 1000 M71095506EE 5.1998 710.00
54 M71095504EE 1000 M71095506EE 5.1998 710.00
55 M71095507EE 1000 M71095506EE 5.1998 710.00
56 R148151460EE 200 R148028276EE 1.1998 144.88
57 R148151461EE 200 R148028276EE 1.1998 144.88
58 R148307043EE 200 R148028276EE 1.1998 144.88
59 R148307044EE 200 R148028276EE 1.1998 144.88
60 R148307045EE 200 R148028276EE 1.1998 144.88
61 R148346949EE 200 R148028276EE 1.1998 144.88
62 R148346950EE 200 R148028276EE 1.1998 144.88
63 R149058008EE 200 R148028276EE 1.1998 144.88
64 R149058009EE 200 R148028276EE 1.1998 144.88
65 R149058010EE 200 R148028276EE 1.1998 144.88
66 R149386141EE 200 R148028276EE 1.1998 144.88
67 R149386142EE 200 R148028276EE 1.1998 144.88
68 R161010036EE 200 R148028276EE 1.2001 124.64
69 R167532462EE 200 R167638902EE 4.2001 123.36
70 R167645591EE 200 R167638902EE 4.2001 123.36
71 R169784062EE 200 R167638902EE 7.2001 121.28
72 R169784063EE 200 R167638902EE 7.2001 121.28
73 R171419029EE 200 R167638902EE 1.2002 118.56
74 Totals 10,900 00 -- -- 8,755.70
-16-
TABLE 2-A-2
US SAVINGS BONDS CASHED BY JANICE WffMCR
No Serial Number Denomination Issue Date Cash In Value
1 D29873349EE 500 7.1992 572.40
2 D29877761EE 500 7.1992 561.20
3 D29877762EE 500 7.1992 561.20
4 D29877764EE 500 7.1992 561.20
5 D29877763EE 500 7.1992 561.20
6 Totals 2,500.00 -- 2,817.20
- {rr,4( i. t - ? i g? f ? { .f9 ?: t . f Y Yfil 4 Y t ? ? -3 :. 5
rY 5Y.
NO
1 C345893720EE 100.00 6.1992 112.24
2 C345893721EE 100.00 6.1992 112.24
3 C345893722EE 100.00 6.1992 112.24
4 C345909838EE 100.00 5.1992 112.24
5 C345909839EE 100.00 5.1992 112.24
6 C387027306EE 100.00 12.1992 110.04
7 C409110152EE 100.00 5.1993 89.16
8 C409110153EE 100.00 5.1993 89.16
9 C409110154EE 100.00 5.1993 89.16
10 C409110155EE 100.00 5.1993 89.16
11 D29872541EE 500.00 7.1992 561.20
12 D29877759EE 500.00 7.1992 561.20
13 D29877760EE 500.00 7.1992 561.20
14 D29877765EE 500.00 7.1992 561.20
15 D29877766EE 500.00 7.1992 561.20
16 D29877767EE 500.00 7.1992 561.20
17 D29877768EE 500.00 7.1992 561.20
18 D30925006EE 500.00 12.1992 550.20
19 D30925007EE 500.00 12.1992 550.20
-17-
• i'
20 D40309186EE 500.00
12.1993
435.80
21 D40315566EE 500.00 1.1994 427.60
22 D41245544EE 500.00 3.1994 427.60
23 D41347612EE 500.00 5.1994 426.60
24 D41347613EE 500.00 5.1994 426.60
25 D42566395EE 500.00 9.1994 418.60
26 D45128781EE 500.00 5.1995 393.00
27 D45170996EE 500.00 5.1995 393.00
28 D45233437EE 500.00 6.1995 393.00
29 D45249723EE 500.00 6.1995 393.00
30 D45839168EE 500.00 7.1995 393.00
31 D46203340EE 500.00 8.1995 393.00
32 D47356082EE 500.00 5.1996 374.20
33 D52108144EE 500.00 1.1998 362.20
34 D52108145EE 500.00 1.1998 362.20
35 D52457842EE 500.00 3.1998 359.60
36 D52878923EE 500.00 6.1998 353.80
37 D53722257EE 500.00 2.1999 342.20
38 D54652993EE 500.00 6.1999 337.40
39 D55346437EE 500.00 1.2000 328.80
40 D63722906EE 500.00 2.2006 256.00
41 M45641865EE
Cashed 10.25.08 1,000.00 1.1992 1,122.40
42 M45903130EE 1,000.00 11.1992 1,100.40
43 M67492679EE 1,000.00 8.1996 748.40
44 M67492680EE 1,000.00 8.1996 748.40
45 M71095505EE 1,000.00 5.1998 710.00
46 M71095506EE 1,000.00 5.1998 710.00
47 R107579955EE 200.00 1.1994 174.32
48 R107579956EE 200.00 1.1994 174.32
-18-
Y BOSS ?
-i. f ??^?I Y?? .
hN f 1.
` ,t?l- k
7? yy,, i itr ?
A,14! ( f SybF K{ I41
71
49 R107579957EE 200.00 1.1994 174.32
50 R111109379EE 200.00 5.1994 170.64
51 R111109380EE 200.00 5.1994 170.64
52 R111109381EE 200.00 5.1994 170.64
53 R112591313EE 200.00 6.1994 170.64
54 R112640807EE 200.00 7.1994 170.64
55 R112724852EE 200.00 7.1994 170.64
56 R121421805EE 200.00 3.1995 163.52
57 R129982440EE 200.00 12.1995 153.12
58 R130258535EE 200.00 1.1996 153.12
59 R134074318EE 200.00 5.1996 149.68
60 R135240182EE 200.00 7.1996 149.68
61 R148028276EE 200.00 1.1998 144.88
62 V5392521EE 5,000.00 4.1998 3,584.00
63 Totals 0,000.00 -- 25,238.28
TABLE 2-A-4
US SAVINGS BONDS HELD BY HUSBAND AND MATTHEW FOR MATTHEW'S EDUCATION
FEBRUARY 2007 VALUE
NO Serial Number Denomination Issue Date 212007 Value
1 X5574810EE 1 ),000.00 8.2000 6,396.00
2 V5695693EE ,000.00 8.2000 3,198.00
3 V5970118EE ,000.00 7.2002 2,876.00
4 M80827378EE 00.00 12.2004 534.80
5 M75995539EE ,000.00 11.2002 568.40
6 D57367173EE 500.00 4.2001 308.40
7 D58332777EE 500.00 3.2002 291.40
8 D53500706EE 500.00 11.1998 346.00
9 D53500705EE 500.00 11.1998 346.00
10 D50869564EE 500.00 12.1997 363.40
-19-
TABLE 2-A-4
US SAVINGS BONDS HELD BY HUSBAND AND MATTHEW FOR MATTHEW'S EDUCATION
FEBRUARY 2007 VALUE
NO Serial Number Denomination Issue Date 2)2407 Value
11 D61837219EE 500.00 1.2005 266.60
12 D49571209EE 500.00 12.1997 363.40
13 D61478506EE 500.00 7.2004 270.66
14 D61916399EE 500.00 2.2005 265.60
15 D61870830EE 500.00 1.2005 266.60
16 D60704598EE 500.00 12.2003 274.80
17 D60811981EE 500.00 2.2004 273.00
18 D60905453EE 500.00 4.2004 271.20
19 D59575810EE 500.00 2.2003 281.20
20 D60069091EE 500.00 3.2003 280.20
21 D60032087EE 500.00 2.2003 281.20
22 D44319479EE 500.00 12.1994 416.60
23 D42626300EE 500.00 10.1994 418.60
24 D45392285EE 500.00 10.1995 385.60
25 D48198874EE 500.00 10.1996 367.00
26 D46311998EE 500.00 10.1995 417.00
27 D41234035EE 500.00 3.1994 385.60
28 R167638902EE 200.00 4.2001 123.36
29 R99651894EE 200.00 6.1993 178.32
30 C447259176EE 100.00 12.1993 87.16
31 C447259177EE 100.00 12.1993 87.16
32 C464692836EE 100.00 4.1994 85.52
33 C447259175EE 100.00 12.1993 87.16
34 L5253539381EE 50.00 4.1994 42.76
35 Totals ,850.00 -- 21,404.70
-20-
Husband took advances of $9,108.10 post separation on the home equity line of credit (HELOC) loan through
11/15/08. Since that amount increases the balance owed on the HELOC loan and will thus reduce the equity
value of the property, Husband will owe Wife %Z of that amount from his share of proceeds when the home sells,
or when he buys out wife's interest in the home. The following Table 2-Bsets forth the analysis of the home
equity loan post-separation charges and pa ents:
ANALYSIS OF HUSBAND'S HOME ) TABLE 2-B
EQUITY LOAN PAYMENTS AND CHARGES 2.15-07-11.15.08
Statement Date Payment Finance Charges Additional
Advances Balance'
2.15.07 3 5,23 8.02
3.15.07 (1,300.00 218.73 34,156.75
4.14.07 (500.00) 229.36 33,886.11
5.15.07 (1,250.00 233.06 32,869.17
6.15.07 (500.00) 230.60 2,500.00 35,099.77
7.14.07 (500.69) 227.40 34,826.48
8.15.07 (400.00) 249.74 34,676.22
9.16.07 (400.00) 248.34 34,524.56
10.15.07 (500.00) 223.82 34,248.38
11.14.07 (400.00) 215.90 34,064.28
12.16.07 (220.00) 254.41 6,060.00 40,158.69
1.15.08 (500.00) 244.99 39,903.68
2.13.08 (500.00) 227.31 39,630.99
3.16.08 (500.00) 206.08 39,337.07
4.14.08 (400.00) 185.68 39,122.75
5.15.08 (250.00) 174.96 548.10 39,595.81
6.15.08 (200.00) 175.25 39,571.06
7.15.08 (400.00) 161.05 39,332.11
8.17.08 (400.00) 176.13 39,108.24
9.14.08 (300.00) 148.63 38,956.87
10.15.08 (400.00) 163.66 38,720.53
11.16.08 (300.00) 168.29 38,588.82
12.08 38,588.82
1.09 38,588.82
2.09 38,588.82
-21-
ANALYSIS OF HUSBAND'S HOME TABLE 2-B
QUITY LOAN PAYMENTS AND CHARGES 2.15-07-11.15.08
Statement Date Payment' Finance Charges Additional
Advances Balance
3.09 38,588.82
4.09 38,588.82
5.09 38,588.82
6.09 38,588.82
7.09 38,588.82
8.09 38,588.82
9.09 38,588.82
10.09 38,588.82
11.09 38,588.82
12.09 38,588.82
Totals (10,120.69 4,363.39 9,108.10 38,588.82
-22-
FAIR RENTAL VALUE NOTES:
Husband owes wife for %2 of the fair rental value of the two jointly marital home real estate which he has
solely possessed since separation. As per Barrett 7.08 Appraisal, the Fair Rental Value for this property is $1,250
per month. The following Table 2-C sets forth the Fair Rental Value Calculations for the period 2.1.07-12.31.08
as set forth in Line 89 of Table #2:
FAIR RENTAL VALU TABLE 2-C
E CALCULATIONS FOR MARITAL HOME
Description Monthly Rental
Charge Amount Monthly Rental
Credit Amount Cumulative
Balance
2/2007 (2/7-2/28) 22/28th 982.14 982.14
3/2007 Monthly Rent Charge 1,250.00 2,232.14
3.07 Home Equity Loan Payment (1,300.00) 932.14
4/2007 Monthly Rent Charge 1,250.00 2,182.14
4.07 Home Equity Loan Payment (500.00) 1,682.14
5/2007 Monthly Rent Charge 1,250.00 2,932.14
5.07 Home Equity Loan Payment (1,250.00) 1,682.14
6/2007 Monthly Rent Charge 1,250.00 2,932.14
6.07 Home Equity Loan Payment (500.00) 2,432.14
7/2007 Monthly Rent Charge 1,250.00 3,682.14
7.07 Home Equity Loan Payment (500.69) 3,181.45
8/2007 Monthly Rent Charge 1,250.00 4,431.45
8.07 Home Equity Loan Payment (400.00) 4,031.45
9/2007 Monthly Rent Charge 1,250.00 5,281.45
9.07 Home Equity Loan Payment (400.00) 4,881.45
10/2007 Monthly Rent Charge 1,250.00 6,131.45
10.07 Home Equity Loan Payment (500.00) 5,631.45
11/2007 Monthly Rent Charge 1,250.00 6,881.45
11.07 Home Equity Loan Payment (400.00) 6,481.45
12/2007 Monthly Rent Charge 1,250.00 7,731.45
12.07 Home Equity Loan Payment (220.00) 7,511.45
1/2008 Monthly Rent Charge 1,250.00 8,761.45
1.08 Home Equity Loan Payment (500.00) 8,261.45
2/2008 Monthly Rent Charge 1,250.00 9,511.45
2.08 Home Equity Loan Payment (500.00) 9,011.45
-23-
FAIR RENTAL VALU TABLE 2-C
E CALCULATIONS FOR MARITAL HOME
Description Monthly Rental
Charge Amount Monthly Rental
Credit Amount Cumulative
Balance
3/2008 Monthly Rent Charge 1,250.00 10,261.45
3.08 Home Equity Loan Payment (500.00) 9,761.45
4/2008 Monthly Rent Charge 1,250.00 11,011.45
4.08 Home Equity Loan Payment (400.00) 10,611.45
5/2008 Monthly Rent Charge 1,250.00 11,861.45
5.08 Home Equity Loan Payment (250.00) 11,611.45
6/2008 Monthly Rent Charge 1,250.00 12,861.45
6.08 Home Equity Loan Payment (200.00) 12,661.45
7/2008 Monthly Rent Charge 1,250.00 13,911.45
7.08 Home Equity Loan Payment (400.00) 13,511.45
8/2008 Monthly Rent Charge 1,250.00 14,761.45
8.08 Home Equity Loan Payment (400.00) 14,361.45
9/2008 Monthly Rent Charge 1,250.00 15,611.45
9.08 Home Equity Loan Payment (300.00) 15,311.45
10/2008 Monthly Rent Charge 1,250.00 16,561.45
10.08 Home Equity Loan Payment (400.00) 16,161.45
11/2008 Monthly Rent Charge 1,250.00 17,411.45
11.08 Home Equity Loan Payment (300.00) 17,111.45
12/2008 Monthly Rent Charge 1,250.00 18,361.45
12.08 Home Equity Loan Payment 18,361.45
State Farm Insurance 7.26.07-7.26.08 (533.00) 17,828.45
2007 County/Township Taxes (545.49) 17,282.96
2007-2008 School Taxes (1,562.75) 15,720.21
2008 County/Township Taxes (677.82) 15,042.39
2008-2009 School Taxes 15,042.39
Totals 28,482.14 (13,439.75) 15,042.39
V2 of Net Fair Rental Value 7,521.20
-24-
SECTION III.
The following Tables 3-A and 3-11 will be c mpleted once it is determined that present division of household
goods is in dispute. Wife accepts the present division with the exception of the following items in husband's
possession which she wants awarded to her:
1.
Wife's little wooden box (she
bedroom on Husband's dresser;
for graduation) with spare keys and collector coins in Master
2.
3.
4.
5.
6.
Cardboard box full of Matthew's
Matthew's favorite toys in plastic
Papers in antique cedar chest;
Gas grill;
and grade school papers and drawings in spare bedroom;
in basement (batman figures; batman cars; batman building etc...);
Wife's mother's antique wall mirror in spare bedroom beside bed.
TABLE #3-A
HOUSEHOLD GOODS AND ONTENTS AND OTHER PERSONAL PROPERTY
IN H USBAND'S POSSESSION
NO. DESCRIPTION O WNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION
DATE IF NON- MARITAL
TABLE #3-B
HOUSEHOLD GOODS AND ONTENTS AND OTHER PERSONAL PROPERTY
?
I WIFE'S POSSESSION
NO. DESCRIPTION O NER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION
DATE IF NON- MARITAL
-25-
SECTION IV.
The following Table #4 sets forth the non-tnarital assets and debts of the parties: 3,4
Plaintiff does not know of any non-mari*l property. Therefore, Table #4 has not been completed.
TABLE #4
NON-MARITAL PROPERTY AND DEBTS'
Ln
No B.
Ref Owner Description V lue
to Gross Value Non-Marital
Value Marital
Value Basis for
Exclusion If
Claimed to Be
Dion- Mgrital Method of
Valuation &
Supporting
Documents
3Note: Exclusions from marital
acquired after separation, or property a
party not a spouse. For gifts and inherit
4The value of each item has
roperty include property acquired before marriage, property
wired during marriage by way of gift or inheritance from third
rice also specify the source person.
estimated by Plaintiff unless otherwise noted.
-26-
SECTION V.
The following Table #5 is Plaintiffs listing Of all property which was transferred within 3 years of the date of the
commencement of this action or was transferred since the date of separation:
TABLE #5
PR PERTY TRANSFERRED
NO. DESCRIPTION OF PROPERTY TRANSFER CONSIDERATION TRANSFEROR TRANSFEREE
DATE
None Known except Savings Bonds
listed in Tables #2 and #2-B above
-- Comments
-27-
i
CERTIFICATE OF SERVICE
i
I, Diane G. Radcliff, Esquire,
Inventory, by mailing same by first class
certify that on January 6, 2009, I served a copy of the within
postage prepaid, addressed as follows:
Ad S. Irwin, III, Esquire
64 South Pitt Street
Phone: (717) 737-0100
Fax: (717) 975-0697
Attorney for Plaintiff
-28-
Camp Hill, PA 17011
Supreme Court ID # 32112
?y
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.,
JAN 0 9 2009
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff NO. 07-1060 CIVIL TERM
V. CIVIL ACTION - LAW
DAVID J. WITMER, DIVORCE
Defendant
ORDER APPOINTING MASTER
AND NOW, /.7~ , 2009, E. Robert Elicker, II, Esquire is appointed Master with
respect to the following cla ms:
[x] Divorce
[ ] Annulment
[x] Alimony
[x] Alimony Pendente Lite
[x] Distribution of Property
[ ] Support
[x] Counsel Fees
[x] Costs and Expenses
BY THE COURT:
MOVING PARTY
Name: Janice A. Witmer
Attorney Name: ?Diane G. Radcliff, Esquire
Attorney Address:
Attorney Telephone #:
Attorney E-Mail:
Party's Address and
Telephone # if not
represented by counsel:
3448 Trindle Road
Camp Hill, PA 17011
717-737-0100
dianeradcliff@comcast.net
N/A
Co cmss m? 6L
If
A410?
J.
NON-MOVING PARTY
Name: David J. Witmer
Attorney Name: -1 arold S. Irwin, III, Esquire
Attorney Address:
Attorney Telephone #
Attorney E-Mail:
Party's Address and
Telephone # if not
represented by counsel:
64 South Pitt Street
Carlisle, PA 17013
717-243-6090
Irwinlaw e.earthlink.net
N/A
t.h'???
?? ,;
?1r 1 ? 'F? ?? ???
?_
r
Prepared By:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEI
JANICE A. WITMER,
Plaintiff NO. 07-1060 CIVIL TER
V. CIVIL ACTION - LAW
DAVID J. WITMER, DIVORCE
Defendant
AND NOW, this J day of , 2009, come th
Witmer, and the Defendant, David J. Witmer, and stipulate and agree as
1. The parties agree that their marriage is irretrievably broken and that
divorce. Concurrently with the signing of this Stipulation the parties s
their respective Affidavits of Consent, Waivers of Notice of Intention
Divorce Decree.
2.
3.
4.
VANIA
Plaintiff, Janice A.
they consent to the
execute and file
to Request Entry of
This divorce action shall be bifurcated so that a divorce decree unde Section 3301(c) of
the Divorce Code can be entered with reservation of jurisdiction over all claims raised by
either party prior to the entry of said decree.
Upon entry of the Order bifurcating this divorce action, Plaintiff,
all documents necessary to secure the entry of the bifurcated div
The parties authorize the court to enter an Order incorporating
Stipulation.
I prepare and file
decree.
terms of this
2
IN WITNESS WHEREOF, the parties have hereunto set their hands
year below written.
PLAINTIFF'S ATTORNEY:
NE G. CLIFF ESQUIRE
Date:
niA 7 1 -
te, DEFENDANT'S ATTORNEY: 09
HAROLD S. IRWI I ES IRE
Date: 41 S-/o f
PLAINTIFF:
JANIC ITMER
Date: V-/(, - a
seals the day and
- 3 -
K
Prepared By:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100
Fax: 717-975-0697
Email: dianeradcliff @comcast.net
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff
V.
DAVID J. WITMER,
Defendant
Certification
I, Diane G. Radcliff, Esquire, Attorney for Plaintiff, Janice A.
that:
1. There has been no Judge assigned to this case .
2. The parties have agreed to the entry of the Order as
attached hereto.
NO. 07-1060 CIV L TERM
CIVIL ACTION - W
DIVORCE
lly subm
DIANE G. ESQUIRE
3448 Trin Road
Camp Hill, PA 1
(717) 737-0100
I.D. No. 32112
Attorney for Plaintiff, Janice
, hereby certify
by the Stipulation
A. Witmer
OF lliE P 0 I K)4oTARY
2009 APR 17 Pte) 2.54
{{kk r
ORIGINAL Lr
APR 2 C ;;'06
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff
: NO. 07-1060 CIVIL TERM
V.
DAVID J. WITMER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
ORDER FOR BIFURCATION OF DIVORCE PROCEEDINGS
AND NOW, this __L_ day of 4*2.'l , 2009, upon consideration of the within Petition,
and following a hearing held in this matter, IT IS HEREBY ORDERED AND DECREED THAT:
1. The above-captioned divorce action is hereby bifurcated so that a divorce decree
can be entered with reservation of jurisdiction over all claims raised by either
party prior to the entry of said decree.
2. The court retains jurisdiction of any claims raised by the parties to this action for
which a final Order has not yet been entered. The retention of jurisdiction shall
survive the entry of the decree in divorce.
3. Any existing spousal support Order shall hereafter be deemed an Order for
alimony pendente lite if any economic claims remain pending.
4. Upon presentation of the proper documents and papers as required by the
Pennsylvania Rules of Civil Procedure, this Court will enter a Divorce Decree under
Section 3301(c) of the Divorce Code with reservation of jurisdiction over any
economic issues heretofore raised by either party.
BY THE COURT:
J.
Distribution to:
,4TTORNEY FOR PLAINTIFF:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
rn?c
AJTORNEY FOR DEFENDANT:
E jarold S. Irwin, III, Esquire
64 South Pitt Street
Carlisle, PA 17013
- 1 -
JANIOIRO
id
? 1 :c Wd 1 Z Hdv 6002
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff . NO. 07-1060 CIVIL TERM
V.
: CIVIL ACTION - LAW
DAVID J. WITMER, DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 27, 2007.
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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention
to request entry of the decree.
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.
Dated: /71W
JAN E . WITMER
A LED-C.) Fi -I Cal
OFTHE L,
2009 APR 22 PH 2: 0'4
cum? .i
"[I i I ? ?4r l ??i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff
V.
DAVID J. WITMER,
Defendant
: NO. 07-1060 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
1. 1 consent to the entry of a final decree in divorce without notice.
2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating
to unsworn falsification to authorities.
Dated: ??01 A 1 -Z
JANI . WITMER
O 1 tL1 V f"I 4VE
F THE
2009 APR 22 PH 2: 04
4iUty ° f ,s14`
JANICE A. WITMER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: NO. 2007 - 1060 CIVIL TERM
DAVID J. WITMER,
Defendant : IN DIVORCE
AFFDAVIT OF CONSENT
A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter
February 27, 2007. Service of the complaint was made upon defendant on or about March 1,
2007(see affidavit of service previously filed).
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of the service of the amended complaint.
3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request
entry of the divorce.
April 3 , 2898 ZD `! Gf?
DAVID J. WIT ER
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 5301(C) OF THE DIVORCE CODE
consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a
copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
Apri130 -2886+ 2.00 q t 1 - A a'
DAVID J. WITMER'
FI --('i FICE
OF THE DTARY
2009 MAY 19 AM 11: 4
UE :a ; sly
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff
V.
DAVID J. WITMER,
Defendant
: NO. 07-1060 CIVIL TERM
: CIVIL ACTION - LAW
: DIVORCE
PRAECIPE OF 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 OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
a. Date of Filing of Complaint: 2/27/2007
b. Manner of Service of Complaint: Certified Mail/Restricted Delivery
C. Date of Service of Complaint: 03/01/2007
3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY
SECTION 3301 (C) OF THE DIVORCE CODE:
a. Plaintiff: 04/17/2009
b. Defendant: 04/30/2009
4. RELATED CLAIMS PENDING:
Equitable Distribution, Alimony Pendente Lite, Alimony, Counsel Fees, Costs and Expenses.
Bifurcation Order entered on April 21, 2009.
5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE
PROTHONOTARY:
a. Plaintiff's Waiver: 04/22/2009
b. Defendant's Waiver: 05/19/2009
? CLIFF, ESQUIRE
oad
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
" ^T
T
Apy
2 09 HAY 210 Ph 1: S 1
j`
PE
JANICE A. WITMER
V.
DAVID J. WITMER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1060 CIVIL TERM
DIVORCE DECREE
AND NOW, e27," Z 7 , z vo 1 , it is ordered and decreed that
JANICE A. WITMER
DAVID J. WITMER
bonds of matrimony.
, plaintiff, and
, defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
Equitable Distribution, Alimony Pendente Lite, Alimony, Counsel Fees. Costs and Expenses
By the Court,
Atte : J.
Prothonotary
s
? a3
_3N-09 `?lO?
L
)e,d,4,r-w
' A ~ ~
JUN 2 5 2010
ORIGINAL ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JANICE A. WITMER,
Plaintiff
NO. 07-1060 CIVIL TERM
~. CIVIL ACTION -LAW ~ ~ ~e
~. a
DAVID J. WITMER, DIVORCE ~ `
' ~ ~~~
~,
-
Dependant Yr n.~
~ ~
~:`~
- ~-,
DOMESTIC RELATIONS ORDER s -..
;_= ~~
=~~
~~
Vanguard IRA Account No. ~:XXXh:XX2922 ~
~ r•`-' ~~-~`
~ ~'
G
AND NOW, this Z~ day of ~e_, 2010, upon consideration of the following
Consent of the parties, the following is HEREBY ORDERED AND DECREED:
A. IDENTIFYING INFORMATION
1. RECOGNITION OF RIGHT. This order creates and recognizes the existence of an
Alternate Payee's right to receive an interest in the Participant's IRA account herein
specified, which is intended to be qualified under Internal Revenue Code of 1986 ("Code").
The Court intends this Order to be a Domestic Relations Order ("DRO") within the meaning
of Code. The Cou•-t enters this DRO pursuant to its authority under 23 PA.C.S.A. 3502.
2. APPLICABLE ACCOUNT. This DRO applies to David J. Witmer's Vanguard IRA
Account No. XXXXXXX2922. (For purposes of this DRO the above referenced IRA
Account is hereafter referred to as the "IRA Account"). Any changes in IRA Account
Administrator/Account Trustee, Account Sponsor, or name of the IRA Account shall not
affect Alternate Payee's rights as stipulated under this Order.
3. IDENTIFICATION OF THE PLAN ADMINISTRATOR/ACCOUNT TRUSTEE. The
name and address of the Plan Administrator/Account Trustee is:
The Vanguard Group
P.O. Box 1110
Valley Forge, PA 19482-1110
4. IDENTIFICATION OF ACCOUNT OWNERS/PARTICIPANT. David J. Witmer, is
the owner of the IRA Account and is designated as the Participant for purposes of this DRO
1
~ ,
and IRS Code requirements. (For purposes of this DRO, David J. Witmer is hereafter
referred to as the "Participant").
5. IDENTIFICATION OF ALTERNATE PAYEE. Janice A. Witmer, is the former spouse
of the Participant and is designated as the Alternate Payee for purposes of this DRO and IRS
Code requirements. (For purposes of this DRO Janice A. Witmer is hereafter referred to as
the "Alternate Payee")
6. INFORMATION PERTAINING TO PARTICIPANT. The following is information
pertaining to the Participant:
a. The Participant name is David J. Witmer.
b. The Participant's mailing address is 257 Country Club Road, Carlisle, PA 17015
c. The Participant's social security number is XXX-XX-XXXX.
d. The Participant's date of birth is XXXX~O~:KXX
6. INFORMATION PERTAINING TO ALTERNATE PAYEE. The following is
information pertaining to the Alternate Payee:
a. The Alternate Payee's Name is Janice A. Witmer.
b. The Alternate Payee's address is 6024 William Drive, Mechanicsburg, PA 17050.
c. The Alternate Payee's social security number is XXX-XX-XXXX.
d. The Alternate Payee's date of birth is XXXXXXXXXX.
7. NOTIFICATION OF ADDRESS CHANGE. The Alternate Payee shall have the duty to
notify the Plan Administrator/Account Trustee of any changes in this mailing address
subsequent to the entry of this Order.
8. DATE OF MARRIAGE AND DIVORCE. The parties were married on February 24,1990
and divorced on May 27, 2009.
B. DIVISION OF PARTICIPANT'S BENEFITS
9. ASSIGNMENT OF BENEFITS. This Order awards and assigns to Alternate Payee One
Hundred Percent (100%) of the Participant's interest in the IRA Account, together with all
earnings thereon arising after the date of this Order, as her equitable distribution share of the
Participant's interest in the IRA Account.
10. COMMENCEMENT AND FORM OF BENEFITS. The following shall apply to the
commencement and form of benefits:
a. All amounts allocated to the Alternate Payee pursuant to this Order shall be
segregated, assigned, transferred and rolled over to and into Alternate Payee's
Vanguard IRA, Account No. XXXXXXX2919 for the exclusive use of the Alternate
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Payee, and. such account is to be the sole and separate property of the Alternate
Payee.
b. The transfer of benefits from the IRA Account to the Alternate Payee as aforesaid is
intended and designed to effectuate a tax free roll over of retirement benefits between
spouses or former spouses pursuant to an order for equitable distribution of marital
property as permitted by the rules and regulations of the Internal Revenue Code.
11. RIGHTS AFFORDED TO ACTIVE PARTICIPANTS. On and after the date that this
order is deemed to be a DRO, but before the Alternate Payee receives her distribution under
the IRA Account, the Alternate Payee shall be entitled to all of the rights and election
privileges that are afforded to active participants.
12. CERTIFICATION. All payments made pursuant to this order shall be conditioned on the
certification by the Alternate Payee and the Participant to the IRA Account
Administrator/Account Trustee of such information as the IRA Account
Administrator/Account Trustee may reasonably require from such parties, including the
information the IRA Account Administrator/Account Trustee requires to make the necessary
calculation of the benefit amounts contained herein.
13. CONTINUATION OF DRO QUALIFICATION. It is the intention of the parties that this
Order continue to qualify as a DRO under the Code, as it may be amended from time to time,
and that the IRA Account Administrator/Account Trustee shall reserve the right to reconfirm
the qualified status of the Order at the time benefits become payable hereunder.
14. INADVERTENT PAYMENTS. In the event that the IRA Account Administrator/Account
Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate
Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the
Alternate Payee to the extent that he has received such benefit payments and shall forthwith
pay such amount so received directly to the Alternate Payee within ten (10) days of receipt.
15. NON-CIRCUMVENTION. The Participant shall not take any action, affirmative or
otherwise, that can circumvent the terms and provisions of this DRO, or that could diminish
or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should
the Participant take any action or inaction to the detriment of the Alternate Payee, he shall
be required to make sufficient payments directly to the Alternate Payee to the extent
necessary to neutralize the effects of her actions and inactions and to the extent of the
Alternate Payee's full entitlements hereunder.
C. MISCELLANEOUS PROVISIONS
16. LIMITATION AS TO FORM OF BENEFITS. This DRO does not require the IRA
Account Administrator/Account Trustee to provide any type or form of benefit the IRA
Account does not otherwise provide.
19. BENEFITS PAYABLE TO ANOTHER ALTERNATE PAYEE: This DRO does not
require the IRA Account Administrator/Account Trustee to pay any benefits which another
Order previously determined to be a Domestic Relations Order requires the IRA Account to
be paid to another alternate payee.
20. NOTIFICATION BY IRA ACCOUNT ADMINISTRATOR: The IRA Account
Administrator/Account Trustee promptly shall notify the Participant and the Alternate Payee
of the receipt of this DRO and shall notify the Participant and the Alternate Payee of the IRA
Account Administrator/Account Trustee's procedures for determining the qualified status
of this DRO. The IRA Account Administrator/Account Trustee shall determine the qualified
status of the DRO and shall notify the Participant and the Alternate Payee of the
determination within a reasonable period of time after receipt of this DRO.
21. RETENTION OF JURISDICTION. The Court shall retain jurisdiction with respect to this
Order to the extent required to maintain its qualified status and the original intent of the
parties as stipulated herein.
22. PROPERTY DISTRIBUTION: This is a property distribution order made in and under
the Divorce and Equitable Distribution statutes of the Commonwealth of Pennsylvania, and
in accordance with the provisions of such statute, the portion being distributed to the
Alternate Payee has been determined to be her property.
23. INCORPORATION: This DRO shall be, and is hereby, incorporated into the Divorce
Decree entered in this case on May 27, 2009.
BY THE COURT:
Distribution to:
/torney for Plaintiff: Bane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011
./ Attorney for Defendant: Harold S. Irwin, Esquire, 64 South Pitt Street, Carlisle, PA 17013
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