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Home My WebLink About07-2310d VICKY R. WEISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - RAYMOND E. WEISER, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Hanover and High Streets, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar As 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VICKY R. WEISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. RAYMOND E. WEISER, Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en to Corte en forma escrita sus defensas o sus objeciones a las demandas en Contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 t-% VICKY R. WEISER, Plaintiff V. RAYMOND E. WEISER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, VICKY R. WEISER, by her attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, VICKY R. WEISER, is an adult individual who currently resides at 1012 Teakwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, RAYMOND E. WEISER, is an adult individual who currently resides at 1012 Teakwood Lane, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 2, 1998 in Dauphin County, Pennsylvania and separated on or before October 5, 2004. 3 4 ? 5. The Plaintiff avers that the parties have two children whose names and dates of birth are as follows: JONATHAN EARL WEISER JILLIAN ELISE WEISER Born May 27, 1999 Born March 26, 2005 6. Plaintiff anticipates that she and the Defendant will be able to work with one another to arrive at a mutually acceptable custodial arrangement and refrains from filing a claim for custody at this time. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 8. The cause of action and section of the Divorce Code under which Plaintiff is proceedings is: 23 Pa. Cons. Stat. § 3301(c), or in the alternative, 23 Pa. Cons. Stat. § 3301(d). The marriage of the parties is irretrievably broken. 9. There have been no prior actions of divorce filed between the parties. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling, which she does not intend to pursue at this time. 4 Y WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully submitted, Mindy S. Goodman, Esquire Attorney No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unswom falsification to authorities. DA c R N c? C? W C3 G1 VICKY R. WEISER, Plaintiff V. RAYMOND E. WEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER VICKI R. WEISER, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action without counsel. 3. The statutory ground for divorce is Section 3301(c) or Section 3301(d) of the Divorce Code. 4. Check the applicable paragraph(s) by check mark: ( ) The action is not contested ( ) An agreement has been reached with respect to the following claim: (X) The action is contested with respect to the following claims: Equitable distribution of property and possibly divorce 5. The action ( ) involves (X) does not involve complex issues of law or fact. 6. The hearing is expected to take 6 (hours) (days). 7. Additional information, if any, relevant to the motion: Notice of filing of Motion has been provided to Raymond Weiser Date: + "-?- AND NOW, , 2007, is appointed Master with respect to the following claims: Attorney for Plaintiff Esquire, BY THE COURT C 1 ..o-` ro -i VICKY R. WEISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07-2310 CIVIL TERM RAYMOND E. WEISER, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Hanover and High Streets, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VICKY R. WEISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-2310 CIVIL TERM RAYMOND E. WEISER, Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en to corte en forma escrita sus defensas o sus objeciones a las demandas en Contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VICKY R. WEISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-2310 CIVIL TERM RAYMOND E. WEISER, Defendant : IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, VICKY R. WEISER, by her attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of the original Complaint, filed on April 20, 2007, are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from the date of their marriage until the date of their separation. The majority of the financial issues were resolved prior to the date of marriage through a pre-marital Agreement dated April 23, 1998, however, a few issues remain. 3 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the property issues still in question and Plaintiff reserves the right to litigate this matter should the parties be unable to agree on an equitable division of property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. Respectfully submitted, Mindy S. Goodman, Esquire Attorney No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff 4 F.qi? Nn, 7177299 E09 VERIFICATION 1 verify that the statements made in this Complaint in Divorce are correct. I understand that false statements herein are made subject to penaPties of 18 Pa. Cons. 5tat. § 4904, relating to unworn falsification to authorities. DATF-: A 14 y R. 5 and P, 92 c C') C_ r.s a 0 ?N N N C3 -n rn !U VICKY R. WEISER, Plaintiff V. RAYMOND E. WEISER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL TERM IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, this /--??L day of 1 ' ?---- , 2007, comes the Plaintiff, VICKY R. WEISER (hereinafter "Wife"), by her attorney, Mindy S. Goodman, Esquire, and files this Petition for Exclusive Possession and in support thereof avers as follows: 1. Defendant (hereinafter "Husband") and Wife currently live together in the marital residence located at 1012 Teakwood Lane, Enola, Cumberland County, Pennsylvania. 2. The situation in the marital home has progressed to the point where it is no longer tolerable for Wife and the children to remain in the same residence as Husband. 3. It is not practical for Wife to vacate the marital residence because she has primary responsibility for the minor children and since Wife is paying all of the household bills and expenses without assistance from Husband, she cannot afford to vacate the marital residence to pay rent in an apartment or the marital residence would go into foreclosure. 4. Over the past two months Husband has continued to live in the marital residence but has contributed nothing financially toward the support of the minor children, except for the purchase of $40 worth of groceries and lunch for one of the children at McDonalds. 5. Husband is working full time and is capable of financial contribution; however, he has chosen not to contribute to household bills and expenses, including but not limited to mortgages, property taxes, and utilities, nor has he purchased necessities for the children such as food, clothing, doctor's bills, medicines and diapers. 6. While Husband has failed to contribute to household expenses and personal necessities for the family, he has spent money taking trips without Wife or the children, throwing parties for friends, going out to dinner regularly and partying with friends, frivolous purchases such as hunting equipment and remote control cars, and entertaining his girlfriends. 7. When Wife and children left the house for a vacation, Husband had a party and his guests came over to the home made themselves at home even though Husband has contributed nothing financially to the purchase of food and groceries. 8. Husband has been unable to control his temper and has been threatening Wife both physically and emotionally. 9. Husband punched Wife's vehicle, denting it, while Wife and the children were inside the vehicle, causing Wife and children to flee in a panic. 10. Husband has punched and poked at things inside the residence again causing Wife and the children to flee in fear for their safety. There was a hole in one of the closet doors, which was repaired by Wife's father, and there currently exists a hole in the wall as a result of Husband's temper tantrums. 11. Wife has contacted MidPenn Legal Services and the local police about obtaining a Protection from Abuse Order, but was told that she could not obtain one until Husband physically attacked and harmed her or the children - something Wife wants to avoid at all costs and consequently files this petition. 12. Additionally, in response to Wife's statement that Husband's behavior constitutes ground for filing for Protection from Abuse, Husband has said, "Just wait and see what happens if you file for a PFA." 3 13. The situation with Husband present in the marital residence has had a significant impact on the children as well. 14. Because Wife and the children fear that arguments between Husband and Wife will escalate to the point of violence, Wife must constantly leave the marital residence when Husband's temper is out of control and return only after he has calmed down, which is very disruptive to the children who are constantly forced to leave their home on a moment's notice. 15. The oldest child, who is eight (8), has been diagnosed with attention deficit hyperactivity disorder and he is having an especially difficult time dealing with the tension and volatility in the marital residence. He has also recently developed a problem with high blood pressure for which he is seeing a doctor. 16. Wife has also spoken with a psychologist who has agreed to begin seeing the oldest child professionally, but suggested counseling begin after Husband vacates the marital residence. 17. Husband, who was a volunteer firefighter until he quit last week, made a threat to Wife that she should be concerned that no firefighter will come to save her or the house should it be burning down. 18. Although Husband has made no direct threat to commit arson, Wife learned that Husband had posted a picture of firefighter standing 4 idle outside a burning house with the caption that said something to the effect of "Fire Chiefs Ex-Wife's house burns." 19. Wife is also concerned about Husband's lack of care with regard to weapons he keeps in the house. Wife has asked that the weapons be removed from the marital residence, but Husband has refused. 20. Husband owns several guns and this past weekend Wife found a gun in the garage where the parties' eight-year old son stores his bicycle and plays with friends. The gun was not loaded but bullets were sitting right next to the gun. 21. In addition to the gun that Wife had found, the parties' son pointed out a second gun that Wife had not noticed. 22. Inside the house three (3) more guns were leaning against the gun cabinet that were not locked up and were accessible to the children. 23. Rather than removing the guns from the house as Wife requested, Husband installed a padlock for the door to the office where he is storing the guns, and while he has now given Wife a key to the padlock, the parties' son does not have access to the family computer because Wife deems it unsafe for the child to be in the same room as Husband's guns and ammunition. 24. Your Honorable Court has the authority to award the marital residence to Wife and exclude Husband therefrom pursuant to its broad equitable powers conferred upon it pursuant to Section 3323(f) of the Divorce Code, which provides: (f) Equity power and jurisdiction of the court. -- In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 25. Your Honorable Court also has the specific authority to temporarily award the marital residence, pending equitable distribution of marital property, to one spouse pursuant to Section 3502(c) of the Divorce Code, which provided: (c) Family home. -- The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 26. Your Honorable Court's entry of an order for exclusive possession will also have the salutary effect of promoting the Divorce Code's "Legislative findings and intent' as set forth in Section 3102 as follows: (a) Policy. -- The family is the basic unit in society and the protection and preservation of the family is of paramount public concern. Therefore, it is hereby declared to be the policy of the Commonwealth of Pennsylvania to: (1) Make the law for legal dissolution of marriage effective for dealing with the realities of matrimonial experience. (2) Encourage and effect reconciliation and settlement of differences between spouses, especially where children are involved. (3) Give primary consideration to the welfare of the family rather than the vindication of private rights or the punishment of matrimonial wrongs. (4) Mitigate the harm to the spouses and their children caused by the legal dissolution of the marriage. (5) Seek causes rather than symptoms of family disintegration and cooperate with and utilize the resources available to deal with family problems. 27. The Superior Court of Pennsylvania has held that a lower court may temporarily award the matrimonial residence, pending equitable distribution of marital property, to one spouse having physical custody of a minor child. Laczkowski v. Laczkowski, 344 Pa. Super. 154, 496 A.2d 56 (1985). 28. Laczkowski also noted with approval a Maryland Court case stating that the "purpose and intent ... of a ... possession award is to give special attention to the needs of minor children to continue to live in a familiar environment and to avoid uprooting the children from the home, school, social and community setting upon which they are dependent." Laczkowski, 496 A.2d at 61. 29. A party may be given exclusive use of the marital residence pending equitable distribution under the common law doctrine of parens patriae so the children are not exposed to the atmosphere of tension and conflict existing in the marital home. Garrison v. Garrison, 43 D.C. 3d 190 (1987). 30. Your Petitioner and the children should be permitted to continue living in the environment and community which is familiar to them and to have exclusive occupancy of the family home and possession and use of the family personal property. 31. The minor children have a need to live in the family home and it is in their best interest that they continue to do so. 32. Your Petitioner has a greater interest in continuing to occupy the family home as the dwelling place for her and the children. WHEREFORE, Plaintiff VICKY R. WEISER, respectfully requests Your Honorable Court to enter an Order awarding her the exclusive right to live and remain in the former marital residence and excluding Defendant therefrom until such time as the property is equitable distributed. Respectfully submitted, Mindy S. Good an Attorney at Law ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 JUL-17-2007 Ti.IE 01:10 PM PHEnQ FAQ; W. 7177201502 P. 02 VERIFICATION 1 verify that the statements made in this Petition for Exclusive are true and correct. I understand that false statements herein are made to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn authorities. My signature hereon, which has been obtained via facsimile, have the same force and effect as an original signature. pAT ?? F 7 R. Wei to shall 10 ?-' ? --3 --s ;- ?? ?' ? •-, - , .., ; ; C? C- ?? r? t .. ? i O/ ," VICKY R. WEISER, Plaintiff/Petitioner V. RAYMOND E. WEISER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2310 CIVIL TERM : IN DIVORCE RULE TO SHOW CAUSE AND NOW this --717 da of V y , 2007, a rule is hereby issued upon the Defendant/Respondent to show cause why the attached Petition for Exclusive Possession of the Marital Residence should not be granted. RULE RETURNABLE cam: om --i ? t --- - LL- as C--4 :t VICKY R. WEISER, Plaintiff/Petitioner V. RAYMOND E. WEISER, Defend ant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL TERM IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff/Petitioner, by and through her attorney, Mindy S. Goodman, and moves the Court to make absolute the Rule issued in this matter on July 23, 2007, based upon the following: 1. On July 20, 2007, Plaintiff/Petitioner filed a Petition for Exclusive Possession of the marital residence. 2. By an Order dated July 23, 2007, this Court issued a Rule upon the Defendant/Respondent to show cause why Plaintiff/Petitioner should not be awarded exclusive possession of the marital residence and made that Rule returnable ten (10) days from service. (Attached hereto and marked collectively as Exhibit A is a copy of the Petition and Rule.) 3. Plaintiff/Petitioner, by and through her attorney, duly served a copy of the Petition and the Court's Rule on Defendant/Respondent on July 28, 2007. (Service was made by first class and certified mail, restricted delivery, postage prepaid. The green return receipt card and the Track and Confirm statement retrieved from the web site of the United States Postal Service are attached hereto collectively as Exhibit B.) 4. It has been more than ten (10) days since service of the Petition and Rule upon the Defendant/Respondent. 5. Attorney for Plaintiff/Petitioner has had no response from Defendant/Respondent by mail or by telephone with regard to the Petition and Rule, nor has anyone requested of Plaintiff/Petitioner additional time within which to file a response. WHEREFORE, Plaintiff/Petitioner moves this Court to make absolute the Rule issued on July 23, 2007 and award her exclusive possession of the marital residence. Respectfully submitted, Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Petitioner/Plaintiff ATTORNEY AT LAW z _ NORTHWOOD OFFICE CENTER 2215 FORESTIM2DRIVE • SUITE 35 HARRISBURG, PA 17112 (717) 540-8742 VICKY R. WEISER, Plaintiff/Petitioner V. RAYMOND E. WEISER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL TERM : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this -2 day of , 2007, a rule is hereby issued upon the Defendant/Respondent to w cause why the attached Petition for Exclusive Possession of the Marital Residence should not be granted. RULE RETURNABLE I O DAYS FROM SERVICE. s J. TRUE COPY ERON-1 RECORD In Testimony s-t my hand and1he sea. C6. 0, ?1 n Pa_ VICKY R. WEISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07-2310 CIVIL TERM RAYMOND E. WEISER, Defendant : IN DIVORCE 0 CNY ? j 9? 0 T 1 PETITION FOR EXCLUSIVE POSSESSION - T -1; AND NOW, this ?- L day of -_ , 2007, come?Ahe i Plaintiff, VICKY R. WEISER (hereinafter "Wife"), by her attorney, Mindy S. Goodman, Esquire, and files this Petition for Exclusive Possession and in support thereof avers as follows: 1. Defendant (hereinafter "Husband") and Wife currently live together in the marital residence located at 1012 Teakwood Lane;-Enola, Cumberland County, Pennsylvania. 2. The situation in the marital home has progressed to the point where it is no longer tolerable for Wife and the children to remain in the same residence as Husband. 3. It is not practical for Wife to vacate the marital residence because she has primary responsibility for the minor children and since Wife is paying all of the household bills and expenses without assistance from Husband, she cannot afford to vacate the marital residence to pay rent in an apartment or the marital residence would go into foreclosure. 4. Over the past two months Husband has continued to live in the marital residence but has contributed nothing financially toward the support of the minor children, except for the purchase of $40 worth of groceries and lunch for one of the children at McDonalds. 5. Husband is working full time and is capable of financial contribution; however, he has chosen not to contribute to household bills and expenses, including but not limited to mortgages, property taxes, and utilities, nor has he purchased necessities for the children such as food, clothing, doctor's bills, medicines and diapers. 6. While Husband has failed to contribute to household expenses and personal necessities for the family, he has spent money taking trips without Wife or the children, throwing parties for friends, going out to dinner regularly and partying with friends, frivolous purchases such as hunting equipment and remote control cars, and entertaining his girlfriends. 7. When Wife and children left the house for a vacation, Husband had a party and his guests came over to the home made themselves at 2 home even though Husband has contributed nothing financially to the purchase of food and groceries. 8. Husband has been unable to control his temper and has been threatening Wife both physically and emotionally. 9. Husband punched Wife's vehicle, denting it, while Wife and the children were inside the vehicle, causing Wife and children to flee in a panic. 10. Husband has punched and poked at things inside the residence again causing Wife and the children to flee in fear for their safety. There was a hole in one of the closet doors, which was repaired by Wife's father, and there currently exists a hole in the wall as a result of Husband's temper tantrums. 11. Wife has contacted MidPenn Legal Services and the local police about obtaining a Protection from Abuse Order, but was told that she could not obtain one until Husband physically attacked and harmed her or the children - something Wife wants to avoid at all costs and consequently files this petition. 12. Additionally, in response to Wife's statement that Husband's behavior constitutes ground for filing for Protection from Abuse, Husband has said, "Just wait and see what happens if you file for a PFA." 3 13. The situation with Husband present in the marital residence has had a significant impact on the children as well. 14. Because Wife and the children fear that arguments between Husband and Wife will escalate to the point of violence, Wife must constantly leave the marital residence when Husband's temper is out of control and return only after he has calmed down, which is very disruptive to the children who are constantly forced to leave their home on a moment's notice. 15. The oldest child, who is eight (8), has been diagnosed with attention deficit hyperactivity disorder and he is having an especially difficult time dealing with the tension and volatility in the marital residence. He has also recently developed a problem with high blood pressure for which he is seeing a doctor. 16. Wife has also spoken with a psychologist who has agreed to begin seeing the oldest child professionally, but suggested counseling begin after Husband vacates the marital residence. 17. Husband, who was a volunteer firefighter until he quit last week, made a threat to Wife that she should be concerned that no firefighter will come to save her or the house should it be burning down. 18. Although Husband has made no direct threat to commit arson, Wife learned that Husband had posted a picture of firefighter standing 4 idle outside a burning house with the caption that said something to the effect of "Fire Chief's Ex-Wife's house bums." 19. Wife is also concerned about Husband's lack of care with regard to weapons he keeps in the house. Wife has asked that the weapons be removed from the marital residence, but Husband has refused. 20. Husband owns several guns and this past weekend Wife found a gun in the garage where the parties' eight-year old son stores his bicycle and plays with friends. The gun was not loaded but bullets were sitting right next to the gun. 21. In addition to the gun that Wife had found, the parties' son pointed out a second gun that Wife had not noticed. 22. Inside the house three (3) more guns were leaning against the gun cabinet that were not locked up and were accessible to the children. 23. Rather than removing the guns from the house as Wife requested, Husband installed a padlock for the door to the office where he is storing the guns, and while he has now given Wife a key to the padlock, the parties' son does not have access to the family computer because Wife deems it unsafe for the child to be in the same room as Husband's guns and ammunition. 24. Your Honorable Court has the authority to award the marital residence to Wife and exclude Husband therefrom pursuant to its broad equitable powers conferred upon it pursuant to Section 3323(f) of the Divorce Code, which provides: (f) Equity power and jurisdiction of the court. -- In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 25. Your Honorable Court also has the specific authority to temporarily award the marital residence, pending equitable distribution of marital property, to one spouse pursuant to Section 3502(c) of the Divorce Code, which provided: (c) Family home. -- The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 26. Your Honorable Court's entry of an order for exclusive possession will also have the salutary effect of promoting the Divorce Code's "Legislative findings and intent" as set forth in Section 3102 as follows: 6 (a) Policy. -- The family is the basic unit in society and the protection and preservation of the family is of paramount public concern. Therefore, it is hereby declared to be the policy of the Commonwealth of Pennsylvania to: (1) Make the law for legal dissolution of marriage effective for dealing with the realities of matrimonial experience. (2) Encourage and effect reconciliation and settlement of differences between spouses, especially where children are involved. (3) Give primary consideration to the welfare of the family rather than the vindication of private rights or the punishment of matrimonial wrongs. (4) Mitigate the harm to the spouses and their children caused by the legal dissolution of the marriage. (5) Seek causes rather than symptoms of family disintegration and cooperate with and utilize the resources available to deal with family problems. 27. The Superior Court of Pennsylvania has held that a lower court may temporarily award the matrimonial residence, pending equitable distribution of marital property, to one spouse having physical custody of a minor child. Laczkowski v. Laczkowski, 344 Pa. Super. 154, 496 A.2d 56 (1985). 7 28. Laczkowski also noted with approval a Maryland Court case stating that the "purpose and intent ... of a ... possession award is to give special attention to the needs of minor children to continue to live in a familiar environment and to avoid uprooting the children from the home, school, social and community setting upon which they are dependent." Laczkowski, 496 A.2d at 61. 29. A party may be given exclusive use of the marital residence pending equitable distribution under the common law doctrine of parens patriae so the children are not exposed to the atmosphere of tension and conflict existing in the marital home. Garrison v. Garrison, 43 D.C. 3d 190 (1987). 30. Your Petitioner and the children should be permitted to continue living in the environment and community which is familiar to them and to have exclusive occupancy of the family home and possession and use of the family personal property. 31. The minor children have a need to live in the family home and it is in their best interest that they continue to do so. 32. Your Petitioner has a greater interest in continuing to occupy the family home as the dwelling place for her and the children. 8 WHEREFORE, Plaintiff VICKY R. WEISER, respectfully requests Your Honorable Court to enter an Order awarding her the exclusive right to live and remain in the former marital residence and excluding Defendant therefrom until such time as the property is equitable distributed. Respectfully submitted, Mindy S. Good an Attorney at Law ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 VERIFICATION I verify that the statements made in this Petition for Exclusive are true and correct. I understand that false statements herein are made to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsifica ion to authorities. My signature hereon, which has been obtained via facsimile, shall have the same force and effect as an original signature. DATA 4cjky'R. Weis 10 C_ Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 VICKY R. WEISER, Plaintiff/Petitioner V. RAYMOND E. WEISER, Defend ant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Mindy S. Goodman, Attorney at Law, do hereby certify that I served a true and correct copy of the Petition for Exclusive Possession of the marital residence upon the Defendant/Respondent at the address listed below by certified and first-class mail, postage pre-paid, on the 27th day of July, 2007. The original return-receipt card is attached hereto. Mr. Raymond Weiser 1012 Teakwood Lane Enola, PA 17025 <7 r-- Mindy S. Goodman, Esquire ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff Ex* ,a ec i v Cl) 0 W W f (D Q C N N O ..vuiwttictvvcuiiiiLCTLaDeiinqutry UNITEDSTATES S JAL SEftVK 9 RzPO Home I HvIP I Sion in Track A Confirm FAQS Track & Confirm Search Results Label/Receipt Number: 7004 2510 0007 6531 8519 Status: Delivered Track & Confirm Your item was delivered at 1:56 PM on July 28, 2007 in ENOLA, PA Enter Label/Receipt Number. 17025. Go> Natificatiott Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright Q 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy PF of 1 R/ 1 /2007 10:26 AM ?' ? , ?' i _... _ ? H cr ? C7U ' ,? r';} -. ± ' _, _ :?- ..? ? r ,= r - _:,a 1'Y c_rt ' G ....6 0 OR Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 VICKY R. WEISER, Plaintiff/Petitioner V. RAYMOND E. WEISER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Mindy S. Goodman, Attorney at Law, do hereby certify that I served a true and correct copy of the Petition for Exclusive Possession of the marital residence upon the Defendant/Respondent at the address listed below by certified and first-class mail, postage pre-paid, on the 27th day of July, 2007. The original return-receipt card is attached hereto. Mr. Raymond Weiser 1012 Teakwood Lane Enola, PA 17025 Mindy S. Goodman, Esquire ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restrlctsd Delivery Is desired. ¦ P*d your name and address on the reverse so that we can rstOm the card to you. ¦ Attach this card to the beck of the mailplece, or on the front if space permits. 1. Aftlds Addreeaed to: M ?j a? v?ar? GuGtSc 101 2- 4??e- ,C}, o la ?? 1-:30 2 a X ? Agent ? Addresses B. (PrlnW N**) C. Data of Delivery D. Is peavaq?eddreea d ftrwd Imm item 1? ? Yee it YES, enter delivery address below: ? No 3. Service Type ? Certified Mall ? Express Mail ? Rpplste ad ? Rewm Reosipt for mw&andbe ? insured Mail ? C.O.D. 4. RoWle ed DeRnry' Pft Fes) ? Yee 2. ArtldssNumbar 7004"2510 0007 6531 8519 (fIs??albr from ssrvtos hbeQ Ps Form 3811, February 2004 ' Domestic Realm Receipt 102595-02-WI540 USPS - Track & Confirm UNITEDSTATFS POSTAL SERWE0 Home I tisJR I Sian in Track,8_Contirm FAQs Trek Confirm Search Results Label/Receipt Number: 7004 2510 0007 6531 8519 Status: Delivered Track & Confirm Your item was delivered at 1:56 PM on July 28, 2007 in ENOLA, PA Enter Label/Receipt Number. 17025. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 80> ,3 ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ®1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrm 1. smi.usps.con/PTSIntemetWeb/InterLabelInquiry.do 1 of 1 8/ 1 /2007 10:26 AM ? r ? t. ? r i.:a G c .i ? , VICKY R. WEISER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. RAYMOND E. WEISER, DEFENDANT/RESPONDENT 07-2310 CIVIL TERM ORDER OF COURT AND NOW, this 9" day of August, 2007, defendant having responded to the Rule to show cause why plaintiff should not be granted exclusive possession of 1012 Teakwood Lane, Enola, Cumberland County, a hearing on the merits shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Monday, August 20, 2007. By ?0{indy S. Goodman, Esquire For Plaintiff/Petitioner Raymond E. Weiser, Pro se 1012 Teakwood Lane Enola, PA 17025 :sal Edgar B. 7 ? ::,. ..?-. ?_ L,-^ r'^ -? G"p F ;? ?? ? . :5.?? 4.""`1 ??.nn5 tV°?rL'?- y .rn Tee- o { (omflIcil Pjlejcie?l c.vr^?K,- ,? Pe ^% C,. A )O , 07 -a3to i r, 0"10 ( C- V, f c,'T `? ear. y r? T ' l ' ' r*. ?a l?vrti e GS a 4,J Ar- Sc r-lc nG?- ?h 4" ` i(7l A C k ; Q !?;(rV _ 1- 1 1 1 j , tl 1 U14 Lie-- of bc)4 c r- cam c???k ,?G?iC%Vr?S P(Ua, (.?1 s ' (V1 ?G vY ?1 \ 4... ft { ? `Z.. Ac poi "Ct. 0/^ h w*;s(- l A.", Lt c ,:. ? l we S ov? orcojl U, Ck t%A aIre, r ?c fee cj 4 LIO, a? hc? u,r j ?Xcciu-vc hccrce l / l fe, (u 1G kw?jr r? L,v .? ° L S sa b -? b j? ? _ Af- A'^ ?. w4fr fit- ter' ??? J>l. ?CsS f ?er ) t? yr., r , c -c (dr- ? c' LlIc 4 cu l es? / `) 4-4 V? r K , a,, f0, r??- QLJ C, 044 y e..• , n v ?,.?t ?? ?? ? 1 5 G?Sv C,L?lAcollfr<.? ci boo4 C' r15JGr S ? ?1C r<) r ?x? r S W i S ?i , S 19 f e4?0 -- /fin G w ..4r I 1 o ? /A v/i-s, q rye ??C? LIP 1 ++ +??ll?C. PSF< ? Ct, n d. ??it? ?? ? 1 ?! a'C.r` Wer+z, ? C7"` C,a,'"'? 7 + F? J?cr? 14 G?1r 04 55 l? '?Ss, .? . ? ?SCn ? _ C?s ??1 ?tJ ? c c, (fin - x CSC 1'vr- /'?R 004tr- l.vr??r w CC, r. Pc,? Yr!pe? ? ?', Sc ? r? W r '? 5 ?E ? t' /0 yo d 6(12, 6;.s? 1 /?S /sue /1 1 ? 7? {? S q L??' 1`n, ? C Avv 1 Jj ) ) y I'^uG? ?,n l,,fa?t--? d i..,c5C l? ?1,s E'1+ ?,,,,, a•? ? y t 1 L 4-, ) C, C e C '/i?l? 14 G? ?1fG1I. /1a? 5)F rof e ?/ 1.?C Crr) ?+ ?le-CL-or l A Y 6 L,? ?' .. ,4, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VICKY R. WEISER ) Docket Number 00387 S 2005 Plaintiff ) VS. ) PACSES Case Number 257107347 RAYMOND E. WEISER Defendant ) Other State ID Number ORDER AND NOW, to wit on this 24TH DAY OF JULY, 2007 IT IS HEREBY ORDERED that the 0 Complaint for Support or Q Petition to Modify or Q Other filed on 6 / 2 8 / 0 7 in the above captioned matter is dismissed without prejudice due to: THE PARTIES RESIDING TOGETHER AND THE DEFENDANT CONTRIBUTING TO THE HOUSEHOLD EXPENSES. THIS ORDER SHALL BECOME FINAL WITHIN TWENTY (20) DAYS UNLESS EITHER PARTY FILES A WRITTEN APPEAL WITH THE CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE REQUESTING A HEARING DE NOVO. 11, 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: J.I ]WESLEY OLEO, -JRL, JUDGE Y Form OE-506 Service Type M Worker ID 21003 DRO: Frank B. Goshorn for Charles C. Carothers IV VICKY R. WEISER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RAYMOND E. WEISER, DEFENDANT/RESPONDENT 07-2310 CIVIL TERM ORDER OF COURT AND NOW, this 2 I day of August, 2007, following a hearing on the merits and after careful review, the petition of Vicky R. Weiser for exclusive possession of the marital residence at 1012 Teakwood Lane, Enola, Cumberland County, IS DENIED. ,.Aindy S. Goodman, Esquire For Plaintiff/Petitioner ,.,Raymond E. Weiser, Pro se 1012 Teakwood Lane Enola, PA 17025 :sal u C,` :5 X4 C`? `? . } ; y o tv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKY R. WEISER, PLAINTIFF V. RAYMOND E. WEISER, DEFENDANT NO. 07-2310 Civil Term DIVORCE ACTION PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of James G. Nealon, III, Esquire of the law firm of NEALON, GOVER & PERRY, as attorneys for the Defendant, Raymond E. Weiser, in the above-referenced matter and mark the docket accordingly. Date: O Respectfully sub NEALON GOVI By: James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 (717)232-9900 I CERTIFICATE OF SERVICE On this tlay of January 2008, 1 hereby certify that a copy of the forgoing first-class, postage prepaid, addressed as follows: document was served upon the following by placing the same in the United States mail, MINDY S. GOODMAN, ESQUIRE NORTHWOOD OFFICE CENTER 2214 FORREST HILLS DRIVE, SUITE 35 HARRISBURG, PA 17112 g James G. Nealon, III., Esquire 1., CO "" y 1 VICKY R. WEISER Plaintiff VS. RAYMOND E. WEISER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2310 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Plaintiff, Vicky R. Weiser, in the above- captioned action. Respectfully submitted, Laurie A. Saltzgi er, E qu' Attorney I.D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 /7171 9_qA.QA9A . FAY /7171 9AA-9A17 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this D of Y y April, 2008, that a copy of the foregoing Praecipe to Enter Appearance was mailed, first-class, postage pre-paid to: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Laurie A`a Attorney for MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 /7171 238-AA9A - FAY 1717N o13a_OG17 L ? ~ VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE SECOND AMENDED COMPLAINT IN DIVORCE ANI) NOW, comes the Plaintiff, Vicky R. Weiser, by and through her attorneys Meyers, Desfor, Saltzgiver & Boyle and files the following Second Amended Complaint in Divorce and in support thereof avers as follows: 1. Paragraph one of the Complaint in Divorce filed on April 20, 2007 is incorporated herein by reference as though set forth in full. 2. The Defendant, Raymond E. Weiser is an adult individual who currently resides at Arbor Manor Apartments, New Buffalo, Pennsylvania with a mailing address of P.O. Box 36, New Buffalo, PA 17069. 3. Paragraph three of the Complaint in Divorce filed on April 20, 2007 is incorporated herein by reference as though set forth in full. 4. The Plaintiff and Defendant were married on May 2, 1998 in Dauphin County, Pennsylvania. 5. - 10. Paragraphs five through ten of the Complaint in Divorce filed on April 20, 2007 are incorporated herein by reference as though set forth in full. 11. - 13. Paragraphs eleven through thirteen of the Amended Complaint in Divorce filed on June 29, 2007 are incorporated herein by reference as though set forth in full. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 COUNTS COUNT II ADULTERY 14. Paragraphs one through thirteen of the Complaint in Divorce and Amended Complaint in Divorce are incorporated herein by reference as though set forth in full. 15. The Defendant in this action has committed adultery during the term of the marriage. 16. The grounds upon which this action is based are 23 Pa. C.S.A. §3301(a)(2), as the Defendant has committed adultery pursuant to that Section of the Divorce Code. 17. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(a)(2) of the Divorce Code. WHEREFORE, Plaintiff, Vicky Weiser, respectfully requests this Honorable Court issue a Decree in Divorce divorcing him from the bonds of matrimony pursuant to Section 3301(a)(2) of the Divorce Code. Laurie A. Saltzgiver, Ekouire Attorney 1. D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, r VERIFICATION I, Vicky Weiser , verify that the statements made in this Amended Complaint in Divorce are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 4/29/08 (X ) alai ti f ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 J VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE tiN l I hereby certify on this day of April, 2008, that a copy of the foregoing Second Amended Complaint in Divorce was mailed, first-class, postage pre-paid to: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Laurie A. Saltzg er, squir Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 C=l -TI ? ' C7 ; VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT 1. HISTORY AND BACKGROUND OF THE CASE Plaintiff, Vicky Weiser (hereinafter "Wife") and Defendant, Raymond Weiser (hereinafter "Husband") were :married on May 2, 1998. Wife filed a Complaint in Divorce on April 20, 2007. The parties had previously separated in April of 2005, when Wife discovered that Husband was having an affair. Thereafter, the parties reconciled, however, they subsequently separated again in 2007 when Wife discovered that Husband was having another affair. Wife is currently 39 years of age. She is an Assistant Vice-President with PHEAA where she has been employed for approximately 15 years and earns approximately $92,000.00 per year. Husband is presently 37 years of age. Husband's last employment prior to separation was at American La France. Wife is unaware of Husband's current employment status. Husband has various industrial skills, as he is trained as a fire fighter and is a certified welder. The parties have two children, namely Jonathan Earl Weiser who was born on May 27, 1999. Jonathan is 9 years old and will be in the fourth grade at East Pennsboro Elementary School in the Fall. The parties' daughter, Jillian Elise Weiser, was born on March 26, 2005. She is three years old and she attends the PHEAA daycare. Wife has physical custody of both children. The parties executed a Pre-Nuptial Agreement on April 23, 1998 prior to their marriage. Said Agreement is attached hereto as Exhibit "A". Wife used the proceeds from the sale of her pre-marital residence as a down payment on the current marital residence. Same is reflected in the Pre-Nuptial Agreement and excluded from distribution, however, the marital residence is "upside down" in value as the debt against the residence is greater than it's fair market value. The parties have a first and second mortgage against the residence which Wife has been paying since separation. The second mortgage was obtained by the parties in approximately 2005. When Wife discovered Husband's extramarital affair in 2005, she also discovered that Husband had accrued a MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SE=COND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r significant amount of credit card debt as a result of this affair. At that time, in an effort to reconcile and continue the marriage, they agreed to refinance this credit card debt into a second mortgage against the house. Wife and the two children currently reside in the marital residence. II. LIST OF ASSETS AND LIABILITIES See attached Inventory and Appraisement. (Exhibit "B") III. EXPERT WITNESSES None anticipated at this time. IV. WITNESSES Wife reserves the right to amend her witness list prior to trial. V. LIST OF EXHIBITS Plaintiff intends to use various income tax returns, account statements, cellular telephone records, correspondence and business records as exhibits. Plaintiff reserves the right to amend her exhibit list prior to trial. Vt PLAINTIFF'S GROSS INCOME See attached 2007 income tax return. (Exhibit "C") VI[. LIST OF EXPENSES See attached Income and Expense Statement. (Exhibit "D") VIII. PENSION AND RETIREMENT BENEFITS Wife's pension and retirement: benefits have been excluded pursuant to the Pre-Nuptial Agreement. Husband has a marital Roth IRA as well as a 401(k) with American La France. IX. MARITAL DEBTS See attached Inventory and Appraisement. (Exhibit "B") X. NON-MARITAL ASSETS See attached Inventory and Appraisement (Exhibit "B") MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 XI. EVIDENTIARY ISSUES None at this time. XII. PROPOSED RESOLUTION OF ECONOMIC ISSUES Wife proposes that she retain the marital residence and be responsible for payment of both mortgages. Wife will also continue to repay the marital debts which she has been paying since separation. Husband shall rollover his Roth IRA and 401(k) to Wife and be responsible for payment of his own debt. Respectfully submitted, Laurie A. Saltzgiverl Esqu q' ? , Attorney I.D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE. 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236.2817 AGREEWEAT MADE AND ENTERED into this o2 34 day of 1998, by and between VICKY JO ROGANISH, of Harrisburg, Dauphin County, Pennsylvania, hereinafter "Vicky" and RAYMOND EARL WEISER, of Harrisburg, Dauphin County, Pennsylvania, hereinafter "Raymond". WITNESSETH: WHEREAS, Vicky and Raymond plan to marry on May 2, 1998, or on such other future date as they shall agree; and WHEREAS, Vicky and Raymond each own real and/or personal property as hereinafter described; and WHEREAS, the parties have each furnished and disclosed to the other complete financial and property information; and WHEREAS, the parties intend to retain and acquire certain property individually with the right to manage, dispose., hold, own or substitute such property as if each of them had remained single; and WHEREAS, the parties desire to remove such individual property from consideration and division in the event of divorce; and WHEREAS, the parties also intend to acquire certain property jointly and provide for the disposition of said property. NOW, THEREFORE, in the event of said marriage, and in consideration of the mutual promises and covenants herein set forth, it is understood and agreed as follows: Disclosure of property. The parties hereto acknowledge and agree that each of them has made disclosure to the other of all real and personal property owned by either of them and the value thereof as of the (late of this Agreement. Attached hereto and made a part hereof as Schedule "A" is a schedule of the real and personal property owned by Vicky and EXHIBIT nAn attached hereto and made a part hereof as Schedule "B" is a schedule of the real and personal property owned by Raymond. 2. Relinquishment of Interest. Except as hereinafter specifically provided, all of the property of each party described in Schedule "A" and Schedule "B" shall be and remain the sole and separate property of the party owning the same on the date of this Agreement, together with the interest, income, rents and profits therefrom, including any appreciation in value thereto accruing before or after the marriage of the parties, and each party shall at all times have full right and authority to use, enjoy, manage, convey and encumber said property as if he or she were unmarried. In no event shall any of the property described in Schedule "A" and Schedule "B" be deemed "marital property" as is now or may hereinafter be defined in the :Pennsylvania Divorce Code, "community property" or property otherwise subject to division between spouses pursuant to the laws of any other state or country having jurisdiction over the parties or either of them or jurisdiction over the property. 3. Marital Property. The parties agree that in the event that either party shall commence a divorce action against the other, the only property which shall be considered "marital property", "community property" or other property subject to distribution between them pursuant to the laws of Pennsylvania or any other state or country having jurisdiction shall be such property as they shall hereafter acquire or title, register or otherwise place in their joint names, except as provided herein, and in such event the property so held in joint names shall be distributed between the parties in accordance with the laws of any state or country having jurisdiction over the parties. 3.A. It is specifically provided and acknowledged that Vicky has a retirement plan through her employer, PHEAA, with the State Employees Retirement System, together with an individual retirement account. The aforementioned retirement plans, and any income or interest hereafter accrued, shall remain the sole and separate property of the owner as of the date of this Agreement. 3.B. It is specifically provided and acknowledged that Vicky is the owner of real property situate at 2444 Adrian Street, Harrisburg, Pennsylvania. In the event the aforementioned property is placed in the parties' joint names, or is sold and the proceeds utilized to purchase real estate in the parties' joint names, this property and/or the proceeds therefrom, is specifically excluded from consideration as marital property regardless of title; and Vicky shall. be entitled to remove the equivalent value from consideration as "marital property" or "community property" in the event of divorce. 4. Further Instruments. Each party shall, at the request of the other, execute, acknowledge and deliver such additional instruments as ma;y be required in order to accomplish the purpose and intent of this Agreement. Effective Date. This Agreement is to become effective only upon the date of the marriage of the parties, 6. Governing Law. The parties now reside in Pennsylvania, where they intend to reside following their marriage. Provisions of this Agreement shall supersede any provisions of the statutory or common law of Pennsylvania or the statutory or common law of any other applicable state or jurisdiction to the contrary, including any law enacted or effective after the date hereof. To the extent that the provisions of this Agreement do not supersede the provisions of statutory or common law of Pennsylvania, the parties agree that all matters affecting the interpretation of this Agreement and the rights and liabilities of the parties hereto shall be governed and construed under and pursuant to the laws of the Commonwealth of Pennsylvania. 7. Counsel. This Agreement has been drafted and prepared by Kathy M. Shughart, Esquire, counsel for Vicky. Raymond has had the opportunity to retain independent counsel of his choosing to review and advise him relative to this Agreement. The parties further acknowledge that they have read this Agreement and are satisfied that they fully understand the effect thereof. 8. Specific Enforcement. The parties agree that the rights and obligations of each of them which are provided in this Agreement are special and unique and shall be subject to specific enforcement, whether by an order for specific performance or an injunction in a court of equity, and each party hereby agrees to submit to the jurisdiction of a court of equity for the purposes of enforcing the terms of this Agreement. 9. Miscellaneous Provisions. This Agreement shall bind and inure to the benefit of the parties and their respective heirs, representatives, executors, estates, successors, next of kin and assigns. This Agreement may be modified, amended or revoked only in writing by mutual consent of the parties, which writing shall specifically refer to this Agreement. In the event that any provision of this Agreement is determined to be unenforceable by any court of competent jurisdiction, then, in such event, the parties agree to be bound by the remaining provisions hereof as are determined to be enforceable and which will most nearly give effect to the intent of the parties as expressed in this Agreement. In any such event, all other terms of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, intending to legally bind themselves, their heirs, personal representatives, executors, estates, successors, next of kin and assigns, the 4 SCHEDULE "A" VICKY JO ROGANISH STA TEMENT OF ASSETS 1 2 3 4 5 Real property at 2444 Adrian Street, Harrisburg, Pennsylvania (estimated value)......... Individual Retirement Account, Dauphin Deposit Bank .................... State Employees Retirement System .................................................. Liberty Life Assurance Company of Boston (cash value) .................. 1993 Saturn, SL2 (estimated value) ................................................... ..$56,000.00 ......1,188.88 ......8,985.57 ......1,082.00 ......5,000.00 SCHEDULE "B" RAYMOND EARL WEISER STATEMENT OF ASSETS 1. Columbia Life Insurance Company ................... 2. Gun/Bow collection which currently includes: McPherson Bow 30-06 Rifle 22 caliber Rifle 12 gage Shotgun 50 caliber Muzzle :Loader 32 caliber Muzzle Loader 3. 1995 Pontiac Grand Am (estimated value)....... 4. Worker's Compensation settlement or award (date of injury 2/13/97) ................................... ..$1,000.00 ...................................22,000.00 .....................unliquidated amount parties hereto have hereunder set their hands and seals the day and year first above WITNES VIC Y JO OGANISH C? WITNESS YMOND EARL WEISER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the .23 day of _ 0? ?? ` 1998, before me, the undersigned officer, a Notary Public in and for said County and State, personally appeared VICKY JO ROGANISH, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged the above Agreement to be her voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and seal. U? _ ?l- ?- Nota Publ c - NOTARIAL SEAL KATHY M. SHUGHART, Notary Public ,ACKNOWLEDGMENT Lower Paxton Twp., Dauphin County My Commission Expires July 9, 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the _?;)- day of ! 1998, before me, the undersigned officer, a Notary Public in and for said Coun and State, personally appeared RAYMOND EARL WEISER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged the above Agreement to be his voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and seal. Notary Public I NUTASIAL SEAL y 5 WALTER L. 4'JiidCH, Notary PubGr Susauatiar:n, Tia., D:ap;?in Counb? Pvly ., VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA vs. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION - LAW Defendant IN DIVORCE INVENTORY OF VICKY R. WEISER EXHIBIT Inventory of Vicky R. Weiser Marital Assets Marital Residence located at subject to 1'` mortgage with 1012 Teakwood Lane, Enola, Chase Manhattan Bank PA approx. $154,000.00 2i' mortgage with Bank of America approx. $37,000.00 A portion of this asset is excluded from equitable distribution by virtue of the parties' Pre-Nuptial Agreement executed on April 23, 1998. 2000 Dodge Ram (H&W) Subject to loan with PSECU. Husband is delinquent on payments. Truck subject to repossession. 2003 Chevrolet Trailblazer Subject to a loan with (W) PSECU. Roth IRA (H) Approx. $500.00 American LaFrance 401(k) (H) Liberty Mutual Life Liquidated - split between Insurance Policy parties. 4-wheeler (J) In Wife's possession Non-Marital Assets PSERS account (W) Excluded from marital property by virtue of Pre- Nuptial Agreement Columbia Investments IRA Excluded from marital (W) (Previously Dauphin property by virtue of Pre- Deposit) Nuptial Agreement Marital Debts Personal Service Loan $6,300.00 PSECU (W) Personal Service Loan PSECU (H) PSECU VISA credit card $9.500.00 (W) PSECU VISA credit card (H) Bank of America Mastercard $8,600.00 (W) Bank of America Mastercard (H) Boscovs credit card (W) Wife paid since separation Chase credit card (W) Approx. $500.00 Gander Mountain credit card (H) IRS debt regarding 2006 joint $1,100.00 Wife satisfied debt income tax return Department of the Treasury - Internal Revenue Service Form 1040 U.S. Individual Income Tax Return 2007 For the year Jan 1 - Dec 31, 2007, or other tax year beginning 2007, endir Label Your first name MI Last name (See instructions.) Use the IRS label. Otherwise, please print or type. Presidential Election Campaign - Do not write or staple in this space. OMB No. 1545-0074 Your social security number 489-86-:3907 Spouse's social security number 183-52-7062 You must enter your social security number(s) above. Checking a box below will not change your tax or refund. ? n You E ]Spouse Filing Status 1 Single 4 11 Head of household (with qualifying person). (See 2 Married filingjointly (even if only one had income) instructions.) If the qualifying person is a child but not your dependent, enter this child's Check only 3 X Married filing separately. Enter spouse's SSN above & full name here ? one box. name here. ? Raymond isle i s er 5 n Qualifying widow(er) with dependent child (see instructions) Exemptions 6a X Yourself. If someone can claim you as a dependent, do not check box 6a. . . . . . . Boxes checked b Spouse . ?- on 6a and 6b . 1 No of chilA- If more than four dependents, see instructions. Vicky R Weiser If a joint return, spouse s first name MI Last name Home address (number and street). If you have a P.O. box, see instructions. 1012 Teakwood Lane City, town or post office. If you have a foreign address, see instructions. IRS Use ,20 Apartment no. State ZIP code )la PA 17C25-000 Check here if you, or your spouse if filing jointly, want $3 to go to this fund? (see instructions) . . . . . . . . . . c Dependents: (2) Dependent's (3) Dependent's (4) if social security relationship qualifying number to you child for child (1) First name Last name tax credit (see instrs) Jonathan E Weiser 190-78-6465 Son X Jillian E Weiser 189-82-2206 Daughter X n- on 6c who 0 lived with you 2 0 did not live with you due to divorce or separation (see instrs) . Dependents on 6c not entered above . Add numbers d Total number of exemptions claimed . on lines . above . ? 3 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . . . . . . . . . . . . . . . . . . . . Income 7 81,956 . 8 a Taxable interest. Attach Schedule B if required . . . . . . . . . . . . . . . . . . . . . . . 8 a 30. b Tax-exempt interest. Do not include on line 8a . . . . . . . . I 8 bI Attach Form(s) 9 a Ordinary dividends. Attach Schedule B if required . . . . . . . . . . . . . . . . W 2 h Al 9a - ere. so b Qualified dividends (see instrs) . . . . . . . . . . . . . . . . I 9 b attach Forms 10 Taxable refunds, credits, or offsets of state and local income taxes see instructions W-2G and 1099-R (see instructions) . - . . . . - 10 121. if tax was withheld. 11 Alimony received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 If you did not 12 Business income or (loss). Attach Schedule C or C-EZ . . . . . . . . . . . . . . . . . 12 get a W-2, 13 Capital gain or (loss). Att Sch D if reqd. If not regd, ck here . . . . . . . . . . . . . . . ? n 13 see instructions. 14 Other gains or (losses). Attach F orm 4797 . . . . . . . . . . . . . . . . 14 15a IRA distributions . . . . . . . 1 15a b Taxable amount (see instrs) 15b 16a Pensions and annuities . 16a b Taxable amount (see instrs) 16b 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . . . . 17 Enclose, but do 18 Farm income or (loss). Attach Schedule F . . . . . . . . . . . . . . . . . . . . . . not attach an 18 , y 19 Unemployment compensation payment. Also, 19 20a Social security benefits . . please use Y • • • • 120 a I I b Taxable amount (see instrs) 20b Form 10404. 21 Other income _ _ 21 22 Add the amounts in the far right column for lines 7 through 21. This is our total income. ? 22 8 2 , 107 . 23 Educator expenses (see instructions) . . . . . . . . . . . . . 23 Ad d t jus e 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials. Attach Form 2106 or 2106-EZ . . . . . . . . . . . 24 Income 25 Health savings account deduction. Attach Form 8889 . . . . . i 25 26 Moving expenses. Attach Form 3903 . . . . . . . . . . . . . . 26 27 One-half of self-employment tax. Attach Schedule SE . . . . . 27 28 Self-employed SEP, SIMPLE, and qualified plans . . . . . . . 28 29 Self-employed health insurance deduction (see instructions) . . . . . . . 29 . Penalty on early withdrawal of savings . . . . . . . . . . . . . 30 31 a Alimony paid b Recipient's SSN . . . ? _ . 31 a 32 IRA deduction (see instructions) . . . . . . . . . . . . . 32 33 Student loan interest deduction (see instructions) . . . . . . . 33 34 Tuition and fees deduction. Attach Form 8917 . . . . . . . . . 34 35 Domestic production activities deduction. Attach Form 8903. . . . . . . 35 36 Add lines 23 - 31 a and 32 - 35 . . . . . . . . . . . . . . . . . . . . 36 37 Subtract line 36 from line 22. This is our adjusted gross income . . ? 37 82,107. BAA For Disclosure, Privacy Act, and Paperwork Red EXHIBIT Fr-1A0112 12/06/07 Form 1040 (2007) 11 C 11 Form 1040 Tax and Credits Standard Deduction for - • People who checked any box on line 39a or 39b or who can be claimed as a dependent, see instructions. • All others: Single or Married filing separately, $5,350 Married filing jointly or Qualifying widow(er), $10,700 Head of household, $7,850 Vicky R Weiser 489-86-3907 38 Amount from line 37 (adjusted gross income) . . . . . . . . . .•- T 38 39 a Check - if: 8 You were born before January 2, 1943, B Blind. Total boxes I I Spouse was born before January 2, 1943, Blind. checked ? 39a b If your spouse itemizes on a separate return, or you were a dual-status alien, see instrs and ck here ? 39b 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) . . . . . . . . . . . 40 41 Subtract line 40 from line 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 42 If line 38 is $117,300 or less, multiply $3,400 by the total number of exemptions claimed on line 6d. If line 38 is over $117,300, see the instructions . . . . . . . . . . . . . . . 42 43 Taxable income. Subtract line 42 from line 41. If line 42 is more than line 41, enter -0. . . . . . . . . . . . . . . . . . . . . . . . . 43 44 Tax (see instrs). Check if any tax is from: a e Form(s) 8814 b E] Form 4972 c Form(s) 8889. . . . . . . . . . . . 44 45 Alternative minimum tax (see instructions). Attach Form 6251 . . . . . . . . . . . . . . . 45 46 Add lines 44 and 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? 46 47 Credit for child and dependent care expenses. Attach Form 2441 . . . . . 47 200. 48 Credit for the elderly or the disabled. Attach Schedule R . . . . 48 49 Education credits. Attach Form 8863 . . . . . . . . . . . . . . 49 50 Residential energy credits. Attach Form 5695 . . . . . . . . . 50 51 Foreign tax credit. Attach Form 1116 if required . . . . . . . . 51 52 Child tax credit (see instructions). Attach Form 8901 if required . . . . . . 52 600. 53 Retirement savings contributions credit. Attach Form 8880 . . . 53 54 Credits from: a ? Form 8396 b ? Form 8859 c F Form 8839 . 54 55 Other credits: a E] 3800 b 8801 c ? Form 55 56 Add lines 47 through 55. These are your total credits . . . . . . . . . . . . . . . . . . . 56 57 Subtract line 56 from line 46. If line; 56 is more than line 46, enter -0- . . ? 57 58 Self-employment tax. Attach Schedule SE . . . . . . . . . . . . . . . . . . . . . . . Other 59 Unreported social security and Medicare tax from: a F] Form 4137 to F] Form 8919 . . . . . . . . . . . Taxes 60 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required . . . . . . . . . . . 61 Advance earned income credit payments from Form(s) W-2, box 9 . . . . . . . . . . . . . . . 62 Household employment taxes. Attach Schedule H . . . . . . . . . . . . . . . . . . . . . . . Page 2 82,107. 21,094. 61,013. 10,200. 50,813. 9,130. 189. 9,319. 800. 8,519. 63 Add Imes 57.62. Thls Is your total tax . ? 63 8,519. Payments 64 Federal income tax withheld from Forms W-2 and 1099 . . . 64 11, 711. 65 2007 estimated tax payments and amount applied from 2006 return . . . . If ou have a 65 y qualifying fib a Earned income credit EIC . ( ) . . . . . . . . . 66a child, attach Schedule EIC b Nontaxable combat pay election . . . ? 66 bl . 67 Excess social security and tier 1 RRTA tax withheld (see instructions) 67 68 Additional child tax credit. Attach Form 8812 . . . . . . . . . 68 69 Amount paid with request for extension to file (see instructions) . . . . - 69 '70 Payments from: a ? Form 2439 b n u Form 4136 c 1 1 Form 8885 70 71 Refundable credit for prior year minimum tax from Form 8801, line 27. . . . 71 '72 Add lines 64, 65, 66a, and 67 through 71. These are your total payments ? 72 11,711. Refund 73 If line 72 is more than line 63, subtract line 63 from line 72. This is the amount you overpaid . . . . . . . 73 3,192. Direct deposit? 74a Amount of line 73 you want refunded to you. If Form 8888 is attached, check her e ? 74a 3,192. See instructions 0- b Routing number . F23 13 ES 1116 Type: F Checking []Savings and fill in 74b, 74c, and 74d or 5 ? d Account numbe5597096 l Form 8888. 75 Amount of line 73 you want applied to your 2008 estimated tax ? 75 Amount 76 Amount you owe. Subtract line 72 from line 63. For details on how to pay, see instructions . . . . . . . . ? 76 You Owe 77 Estimated tax penalty (see instructions) . . 177 l Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? . . . . . . 11 Yes. Complete the following. X No Designee Designee's Phone ? ? Personal 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 are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Joint return? Your signature Date Your occupation Daytime phone number See instructions. /Assistant Vice President (717) 728-1790 Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation for your records. Preparer's ' Paid signature Preparer's Firm's name Use Onl y yours if (or ' self-employed), address, and ZIP code Self-Prepared Date Check if EIN Phone no. Preparer's SSN or PTIN Form 1040 (2007) FDIA0112 12106107 SCHEDULE A Itemized Deductions (Form 1040) Department of the Treasury ? Attach to Form 1040. Internal Revenue Service ? See Instructions for Schedule A (Form 1040). OMB No. 1545-0074 2007 Attachment 07 Sequence No. Name(s) shown on Form 1040 Your social security number Vicky R Weiser 489-86-3907 Medical Caution. Do not include expenses reirnbursed or paid by others. and Dental 1 Medical and dental expenses (see instructions) . . . . . . . . . . . . 1 Expenses 2 Enter amount from Form 1040, line 38 . . • 1 2 1 3 Multiply line 2 by 7.5% (.075). . . . . . . . . • . . • . • . . • . . 3 4 Subtract line 3 from line 1. If line 3 is more than line 1, enter -0- 4 Taxes You 5 State and local (check only one box): Paid a X Income taxes, or I 5 4 , 418 . b General sales taxes. _r 6 Real estate taxes (see instructions) . . . . . . . . . . . . . . . . 6 1, 6 93 . e 7 Personal property taxes . . . . . . . . . . . . . . . . . . . . . . (S 7 36 . e instructions.) 8 Other taxes. List type and amount ? 9 Add lines 5 through 8 . 9 6,147. Interest 10 Home mtg interest and points reported to you on Form 1098 . . . . . . . . . 10 12,430. You Paid 11 Home mortgage interest not reported to you on Form 1098. If paid to the person from whom you bought the home, see instructions and show that person's name, identifying number, and address ? ------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 11 _ _ _ _ _ _ 12 Points not reported to you on Form 1098. See instrs for spcl rules Note 12 . Personal 13 Qualified mortgage insurance premiums (see instructions) . . . 13 interest is not 14 Investment interest. Attach Form 4952 if required. deductible. (See instrs.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Add lines 10 through 14 . 15 12 , 43 0 . Gifts to 16 Gifts by cash or check. If you made any gift of $250 or Charity more, see instrs . . . . . . . . . . . . . . . . . . . . . . . . 16 387 . If you made 17 Other than by cash or check. If any gift of $250 or a gift and more, see instructions. You must attach Form 8283 if got a benefit see over $500 . . . . . . . . . . . • . . . . . . . . . . . . . . . for it 17 200. , instructions. 18 Carryover from prior year . . . . . . . . . . . . . . . . . . . . 18 ..................... 19 Add lines 16 through 18 .... ............ . 19 587. Casualty and ............... . Theft Losses 20 Casualty or theft loss(es). Attach Form 4684. (See instructions.) . 20 21 Unreimbursed employee expenses - job travel, union dues, job education, etc. Attach Form 2106 or 2106-EZ if required. (See instructions.) ? 21 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 22 Tax preparation fees . . . . . . . . 22 50. (See 23 Other expenses - investment, safe deposit box, etc. List instructions.) type and amount ? _ _ See Statement 3,600. ------------------------------- 23 3,600. 24 Add lines 21 through 23 . . . . . . . . . . . . . . . . 24 3, 650. 25 Enter amount from Form 1040, line 38 . . . 125 I 82, 107 . 26 Multiply line 25 by 2% (.02) . . . . . . . . . . . . . . . . . 26 1, 642. 27 Subtract line 26 from line 24. If line 26 is more than line 24, enter -0. ...... . 27 2 , 0 0 8 . Other 28 Other - from list in the instructions. List type and amount ? - - Miscellaneous Deductions --------------------------------------- -- --- 28 Total 29 Is Form 1040, line 38, over $156,400 (over $78,200 if Itemized married filing separately)? Deductions ? No. Your deduction is not limited. Add the amounts in the far right column for lines 4 through 28. Also, enter this amount on Form 1040, line 40. r ? 29 21,094. n Vac Yniir rfartnrtinn may ha limitart Caa inctriirtinnc fnr tho amniint to anfor I 30 If you elect to itemize deductions even though they are less than Your standard deduction, check here ? I I Itemized Deductions Limited per IRC Sec. 68. BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. FDIA0301 11/07,07 Schedule A (Form 1040) 2007 Form 2441 Child and Dependent Care Expenses Attach to Form 1040 or Form 1040NR. Department of the Treasury Internal Revenue Service (99) See separate instructions. OMB No. 1545-0074 2007 Attachment Sequence No. 21 Name(s) shown on return Your social security number Vicky R Weiser 489-86-3907 Before you begin: Figure the amount of any foreign tax credit you are claiming on Form 1040, line 51, or Form 1040NR, line 46. Part '1 Persons or Organizations Who Provided the Care - You must complete this part. (If you have more than two care providers, see the instructions.) 1 (a) Care provider's name (b) Address (c) Identifying no. (d) Amount paid (no., street, apt no., city, state, and ZIP code) (SSN or EIN) (see instructions) Mechanicsburg Learning_ Center 841 W. T_rindle Rd _ _ _ Mechanicsburg, PA 17055 231-98-2624 5,316.00 See Additional Child Care Providers --- 7,995.20 Did you receive No ? Complete only Part II below. dependent care benefits? Yes ? Complete Part III on page 2 next. Caution. If the care was provided in your home, you may owe employment taxes. See the instructions for Form 1040, line 62, or Form 1040NR, line 57. Part`II' Credit for Child and Dependent Care Expenses _ 2 Information about your qualifying person(s)_If you have more than two qualifying persons, see the instructions. (a) Qualifying person's name (b) Qualifying person's social (c) Qualified security number expenses you incurred and paid in j 2007 for the person First Last listed in column a ( ) Jonathan Weiser 190- 78-6465 5,316. Jillian Weiser 189- 82-2206 7,995. 3 Add the amounts in column (c) of line 2. Do not enter more than $3,000 for one qualifying person or $6,000 for two or more persons. If you completed Part III, enter the amount from line 35 . . . . . . . . . . . . . . . 3 1, 000. 4 Enter your earned income. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 81, 956. 5 If married filing jointly, enter your spouse's earned income (if your spouse was a student or was disabled, see the instructions); all others, enter the amount from line 4 . . . . . . . . . . . . . . . . . 5 81, 956. 6 Enter the smallest of line 3, 4, or 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1, 0 0 0 . 7 Enter the amount from Form 1040, line 38, or Form 1040NR, line 36 . . . . . . 7 82, 107. 8 Enter on line 8 the decimal amount shown below that applies to the amount on line 7 If line 7 is: If line 7 is: But not Decimal But not Decimal Over over amount is Over over amount is $0- 15,000 .35 $29,000- 31,000 .27 15,000- 17,000 .34 31,000- 33,000 .26 17,000- '19,000 .33 33,000 - 35,000 .25 19 000 - 21 000 32 35 000 37 000 8 X 0.20 , , . , - , .24 I 21,000 - 23,000 .31 37,000 - 39,000 .23 23,000 - 25,000 .30 39,000 - 41,000 .22 25,000 - 27,000 .29 41,000 - 43,000 .21 27,000 - 29,000 .28 43,000 - No limit .20 9 Multiply line 6 by the decimal amount on line 8. If you paid 2006 expenses in 2007, see the in structions . . . . . 9 i 200. 10 Enter the amount from Form 1040, line 46, or Form 1040NR, line 43 . . . . . . . . 10 9, 319 . 11 Enter the amount from Form 1040, line 51, or Form 10.40NR, line 46 . . . . . . . . 11 12 Subtract line 11 from line 10. If zero or less, stop. You cannot take the credit . . . . . . . . . . . . . . . . . . . . 12 9, 319. 13 Credit for child and dependent care expenses. Enter the smaller of line 9 or line 12 here and on Form 1040, line 47 or Form 1040NR, line 44 . . 13 200. BAA For Paperwork Reduction Act Notice, see separate instructions. Form 2441 (2007) FDIA3212 12121107 Form 2441 (2007) Vicky R Weiser 489-86-3907 Page 2 Part III Dependent Care Benefits 14 Enter the total amount of dependent care benefits you received in 2007. Amounts you received as an employee should be shown in box 10 of your Form(s)1N-2. Do not include amounts reported as wages in box 1 of Form(s) W-2. If you were self-employed or a partner, include amounts you received under a dependent care assistance program from your sole proprietorship or partnership . . . . . . . . . . . . . . . . . . 14 5, 000. 15 Enter the amount, if any, you carried over from 2006 and used in 2007 during the grace period. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 0 . 16 Enter the amount, if any, you forfeited or carried forward to 2008. See instructions . . . . . . . . . . . . . . . . . 16 0. 17 Combine lines '14 through 16. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5,000. 18 Enter the total amount of qualified expenses incurred in 2007 for the care of the qualifying person(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18, 311 . 19 Enter the smaller of line 17 or 18 . . . . . . . . . . . . . . . . . . . . . . . . . . 1 19 1 5, 000. 20 Enter your earned income. See instructions . . . . . . . . . . . . . . . . . . . . 20 81, 956. 21 Enter the amount shown below that applies to you. _ • If married filing jointly, enter your spouse's earned income (if your spouse was a student or was disabled, see the instructions for line 5). • If married filing separately, see the instructions for the amount to enter. • All others, enter the amount from line 20. 21 81, 956. 22 Enter the smallest of line 19, 20, or 21 . . . . . . . . . . . . . . . . . . . . . . . 22 I 5,000. 23 Enter the amount from line 14 that you received from your sole proprietorship or partnership. If you did not receive any such amounts, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 0. 24 Subtract line 23 from line 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 I 5, 000. 25 Enter $5,000 ($2,500 if married filing separately and you were required to enter your spouse's earned income on line 21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5,000. 26 Deductible benefits. Enter the smallest of line 22, 23. or 25. Also, include this amount on the appropriate line(s) of your return. See instructions. 26 0 . 27 Enter the smaller of line 22 or 25 . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5, 000. 28 Enter the amount from line 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 0. 29 Excluded benefits. Subtract line 28 from line 27. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . 29 S, 000. 30 Taxable benefits. Subtract line 29 from line 24. If zero or less, enter -0-. Also, include this amount on Form 1040, line 7, or Form 1040NR, line 8. On the dotted line next to Form 1040, line 7, or Form 1040NR, line 8, enter'DCB.. . 30 0. To claim the child and dependent care credit, complete lines 31 - 35 below. 31 Enter $3,000 ($6,000 if two or more qualifying persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 6, 000. 32 Add lines 26 and 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 5, 000. 33 Subtract line 32 from line 31. If zero or less, stop. You cannot take the credit. Exception. If you paid 2006 expenses in 2007, see the instructions for line 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1, 000 . 34 Complete line 2 on page 1 of this form. Do not include in column (c) any benefits shown on line 32 above. Then, add the amounts in column (c) and enter the total here . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13, 311. 35 Enter the smaller of line 33 or 34. Also, enter this amount on line 3 on page 1 of this form and complete lines 4 - 13 . . . . . . 35 1, 000. Form 2441(2007) FDIA3212 12/21/07 Name(s) shown on Form 1040 or Form 1040NR Form 6251 Department of the Treasury Internal Revenue Service (99) Part 1 Alternative Minimum Taxable Income (See instructions for how to complete each line. 1 If filing Schedule A (Form 1040), enter the amount from Form 1040, line 41, and go to line 2. Otherwise, enter the amount from Form 1040, line 38, and go to line 7. (If less than zero, enter as a negative amount.) . . . 1 61, 013 . 2 Medical and dental. Enter the smaller of Schedule A (Form 1040), line 4 or 2.5% (.025) of Form 1040, line 38. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0. 3 Taxes from Schedule A (Form 1040), line 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6,147. 4 Enter the home mortgage interest adjustment, if any, from line 6 of the worksheet in the instructions . . . . . . 4 0 . 5 Miscellaneous deductions from Schedule A (Form 1040), line 27 . . . . . . . . . . . . . . . . . . . . . . . . 5 2,008. 6 If Form 1040, line 38, is over $156,400 (over $78,200 if married filing separately), enter the amount from line 11 of the Itemized Deductions Worksheet in the Instructions for Schedule A (Form 1040) . . . . . . . . 6 -78 . 7 Tax refund from Form 1040, line 10 or line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 -121. 8 Investment interest expense (difference between regular tax and AMT) . . . . . . . . . . . . . . . . . . 8 9 Depletion (difference between regular tax and AMT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Net operating loss deduction from Form 1040, line 21. Enter as a positive amount . . . . . . . . . . . . . . . . . 10 11 Interest from specified private activity bonds exempt from the regular tax . . . . . . . . . . . . . . . . . . . . . . 11 12 Qualified small business stock (7% of gain excluded under section 1202) . . . . . . . . . . . . . . . . . . . . . . 12 13 Exercise of incentive stock options (excess of AMT income over regular tax income) . . . . . . . . . . . . . . . . 13 14 Estates and trusts (amount from Schedule K-1 (Form '1041), box 12, code A) . . . . . . . . . . . . . . . . . . . . 14 15 Electing large partnerships (amount from Schedule K-'1 (Form 1065-B), box 6) . . . . . . . . . . . . . . . . . . . 15 16 Disposition of property (difference between AMT and regular tax gain or loss) . . . . . . . . . . . . . . . . . . . . 16 17 Depreciation on assets placed in service after 1986 (difference between regular tax and AMT) . . . . . . . . . . . 17 18 Passive activities (difference between AMT and regular tax income or loss) . . . . . . . . . . . . . . . . . . . . . 18 19 Loss limitations (difference between AMT and regular tax income or loss) . . . . . . . . . . . . . . . . . . . . . . 19 20 Circulation costs (difference between regular tax and AMT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Long-term contracts (difference between AMT and regular tax income) . . . . . . . . . . . . . . . . . . . . . . . 21 22 Mining costs (difference between regular tax and AMT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Research and experimental costs (difference between regular tax and AMT) . . . . . . . . . . . . . . . . . . . . 22 23 -- 24 Income from certain installment sales before January 1, 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Intangible drilling costs preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Other adjustments, including income-based related adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . 26 27 Alternative tax net operating loss deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 0. 28 Alternative minimum taxable income. Combine lines 1 through 27. (If married filing separately and line 28 is more than $207,500, see instructions.) . . .............. 28 68, 969. Part 11 Alternative Minimum Tax Alternative Minimum Tax - Individuals ? See separate instructions. ? Attach to Form 1040 or Form 1040NR. OMB No. 1545-0074 2007 Attachment Sequence No. 32 Your social security number Vick R Weiser 1489-86-3907 29 Exemption. (If this form is for a child under age 18, see instructions.) 30 31 32 33 AND line 28 is THEN enter on IF your filing status is ... not over ... line 29 .. . Single or head of household . . . . . . . . . . . . . . . . $112,500 . . . . . . . $44,350 Married filing jointly or qualifying widow(er) . . . . . . . . . 150,000 . . . . . . . 66,250 . . . . 29 Married filing separately . . . . . . . . . . . . . . . . . . 75,000 . . . . . . . 33,125 _ If line 28 is over the amount shown above for your filing status, see instructions. Subtract line 29 from line 28. If more than zero, go to line 31. If zero or less, enter -0- here and on lines 33 and 35 and skip the rest of Part II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 • If you are filing Form 2555 or 2555-EZ, see instructions for the amount to enter. • If you reported capital gain distributions directly on Form 1040, line 13; you reported qualified dividends on Form 1040, line 9b; or you had a gain on both lines 15 and 16 of Schedule D (Form 1040) (as refigured for the AMT, if necessary), complete Part III on page 2 and enter the amount from line 55 here. 31 • All others: If line 30 is $175,000 or less ($87,500 or less if married filing separately), multiply line 30 by 26% (.26). Otherwise, multiply line 30 by 28% (.28) and subtract $3,500 ($1,750 if married filing separately) from the result. Alternative minimum tax foreign tax credit (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Tentative minimum tax. Subtract line 32 from line 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 34 Tax from Form 1040, line 44 (minus any tax from Form 4972 and any foreign tax credit from Form 1040, line 51). If you used Schedule J to figure your tax, the amount from line 44 of Form 1040 must be refigured without using Schedule J (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 35 Alternative minimum tax. Subtract line 34 from line 33. If zero or less, enter -0-. Enter here and on Form 1040, line 45 . . 35 BAA For Paperwork Reduction Act Notice, see separate instructions. FDIA5312 12/26/07 33,125. 35,844. 9,319. 9,319. 9,130. 189. Form 6251(2007) Form 6251 (2007) V_cky R Weiser 489-86-3907 Paget Part111 Tax Computation Using Maximum Capital Gains Rates 36 Enter the amount from Form 6251, line 30. If you are filing Form 2555 or 2555-EZ, enter the amount from line 3 of the worksheet in the instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 37 Enter the amount from line 6 of the Qualified Dividends; and Capital Gain Tax Worksheet in the instructions for Form 1040, line 44, or the amount from line 13 of the Schedule D Tax Worksheet in the instructions for Schedule D (Form 1040), whichever applies (as refigured for the AMT, if necessary) (see instructions). If you are filing Form 2555 or 2555-EZ, see the instructions for the amount to enter . . . . . . . . . . • • • • • • • • • • • • • • • • • • • • • 37 38 Enter the amount from Schedule D (Form 1040), line 19 (as refigured for the AMT, if necessary) (see instructions). If you are filing Form 2555 or 2555-EZ, see the instructions for the amount to enter . . . . . . . . . . . . . . . . . 38 39 If you did not complete a Schedule D Tax Worksheet for the regular tax or the AMT, enter the amount from line 37. Otherwise, add lines 37 and 38, and enter the smaller of that result or the amount from line 10 of the Schedule D Tax Worksheet (as refigured for the AMT, if necessary). If you are filing Form 2555 or 2555-EZ, see the instructions for the amount to enter . . . . . . . . . . . . . . 39 40 Enter the smaller of line 36 or line 39 . . . . . . . . . . . . . . . . • . . . • • . • • . . . . . . . . . • . . . . 1 40 41 Subtract line 40 from line 36 . . . . . . . . . . . . . . . . • • • • • • • • • • • • • • • • • • . • . . • . . . .1 41 42 If line 41 is $175,000 or less ($87,500 or less if married filing separately), multiply line 41 by 26% (.26). Otherwise, multiply line 41 by 28% (.28) and subtract $3,500 ($1,750 if married filing separately) from the result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? 42 43 Enter: _ • $63,700 if married filing jointly or qualifying widow(er), • $31,850 if single or married filing separately, or . . . . . . . k43 • $42,650 if head of household. 44 Enter the amount from line 7 of the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040, line 44, or the amount from line 14 of the Schedule D Tax Worksheet in the instructions for Schedule D (Form 1040), whichever applies (as figured for the regular tax). If you did not complete either worksheet for the regular tax, enter -0- . . . . . . . . . . . . . . . . . . . . 44 45 Subtract line 44 from line 43. If zero or less, enter -0- . . . . . . . . . . . . . . . . 1 45 46 Enter the smaller of line 36 or line 37 . . . . . . . . . . . . . . . . . . . . . . . . 1 46 47 Enter the smaller of line 45 or line 46 . . . . . . . . . . . . . . . . . . . . . . . . 1 47 48 Multiply line 47 by 5% (.05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? 1 48 49 Subtract line 47 from line 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 49 50 Multiply line 49 by 15% (.15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? 50 If line 38 is zero or blank, skip lines 51 and 52 and go to line 53. Otherwise, go to line 51. 51 Subtract line 46 from line 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 51 52 Multiply line 51 by 25% (.25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? 52 53 Add lines 42, 48, 50, and 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 53 54 If line 36 is $175,000 or less ($87,500 or less if married filing separately), multiply line 36 by 26% (.26). Otherwise, multiply line 36 by 28% (.28) and subtract $3,500 ($1,750 if married filing separately) from the result .....................................................54 55 Enter the smaller of line 53 or line 54 here and on line 31. If you are filing Form 2555 or 2555-EZ, do riot enter this amount on line 31. Instead, enter it on line 4 of the worksheet in the instructions 55 Form 6251 (2007) FDIA5312 12/26/07 2106 Employee Business Expenses OMB No. 1545-0074 Form ? See separate instructions. 2007 Department of the Treasury ? Attach to Form 1040 or Form 1040NR. Attachment Internal Revenue Service Sequence No. 54 Your name Occupation in which you incurred expenses Social security number Vicky R Weiser welder/mechanic 489-86-3907 Part' ? Employee Business Expenses and Reimbursements Column A Column B Step 1 Enter Your Expenses Other Than Meals Meals and and Entertainment Entertainment 1 Vehicle expense from line 22 or line 29. (Rural mail carriers: See instructions.) . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • 1 2 Parking fees, tolls, and transportation, including train, bus, etc, that did not involve overnight travel or commuting to and from work . . . . . . . . . . . . . . 2 3 Travel expense while away from home overnight, including lodging, airplane, car rental, etc. Do not include meals and entertainment . . . . . . . . . . . . . . 3 4 Business expenses not included on lines 1 through 3. Do not include meals and entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Meals and entertainment expenses (see instructions) . . . . . . . . . . 5 6 Total expenses. In Column A, add lines 1 through 4 and enter the result. In Column B, enter the amount from line 5 . . . . . . . . . . . . . . . . . . . . . 6 0 . Note: If you were not reimbursed for any expenses in Step 1, skip line 7 and enter the amount from line 6 on line 8. Step 2 Enter Reimbursements Received From Your Employer for Expenses Listed in Step 1 7 Enter reimbursements received from your employer that were not reported to you in box 1 of Form W-2. Include any reimbursements reported under code 'L' .................. in box 12 of your Form W-2 (see instructions). . Step 3 Figure Expenses To Deduct on Schedule A (Form 1040 or Form 1040NR) 8 Subtract line 7 from line 6. If zero or less, enter -0-. However, if line 7 is greater than line 6 in Column A, report the excess as income on Form 1040, line 7 (or on Form 1040NR, line 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note: If both columns of line 8 are zero, you cannot deduct employee business expenses. Stop here and attach Form 2106 to your return. 9 In Column A, enter the amount from line 8. In Column B, multiply line 8 by 50% (.50). (Employees subject to Department of Transportation (DOT) hours of service limits: Multiply meal expenses incurred while away from home on business by 75% (.75) instead of 50%. For details, see instructions.) . . . . . . . 10 Add the amounts online 9 of both columns and enter the total here. Also, enter the total on Schedule A (Form 1040), line 21 (or on Schedule A (Form 1040NR), line 9). (Reservists, qualified performing artists, fee-basis state or local government officials, and individuals with disabilities: See the instructions for special rules on where to enter the total.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? BAA For Paperwork Reduction Act Notice, see instructions. FDIA2712 10/16/07 0. Form 2106 (2007) Schedule A Miscellaneous Itemized Deductions Statement 2007 Lines 21, 23, 28 ? Attach to return (after all IRS forms) Statement Name(s) Shown on Return Social Security Number Vicky R Weiser 489-86-3907 Employee Business Expenses - Subject to 2% Limitation 1 Deductible expenses from Form 2106, line 10 less deductions for performing artists and handicapped employees claimed elsewhere.. 1 2 a Qualified Educator Expenses (from Educator Expenses Worksheet) . .. . . .. 2a b Educator Expense Deduction (from 1040, line 23) . . . . . . . . . . . . . . . . 2b c Excess Educator Expenses (line 2a less line 2b) . . . . . . . . . . . . . .. . . 2c 3 Union and professional dues ...... .. . .. .. . . . . . . . . . . .... .. 3 4 Professional subscriptions ........ • • • • • • • • • . • • • • • • . • • . . 4 5 Uniforms and protective clothing ... .. .. . . . . . . . . . . . . .. .. . . . . 5 6 Job search costs . . . .. .... .. . .. • • • • • .. . . . . . . • . . .. . • . . 6 7 Other: 7 8 Combine lines 1 through 7 (to Schedule A, line 21) . . . . . ... . . . .... . . 8 Miscellaneous Expenses - Subject to 2% Limitation Check the box in investment column if an investment expense Investment expense i 9 Depreciation and amortization deductions .. . . .. . . . . ... . .. .. . . X 9 10 Casualty/theft losses of property used in services as an employee . . ... 10 11 REMIC expenses, from Schedule E . .... . . . . . . . . .. . .. . . . . . X 11 12 Investment expenses related to interest and dividend income . . .. . .. . . x 12 13 Expenses related to portfolio income, from Schedule(s) K-1 . . ... . . . . . x 13 14 Miscellaneous deductions, from Schedule(s) K-1 . . . . . . . . .. . . .. 14 15 Excess deductions on termination, from Schedule(s) K-1 . . . . . . . . . 15 16 Investment counsel and advisory fees ... .. . . .. . . . .. . . . . . . . . x 16 17 Certain attorney and accounting fees . . . . . . . . . . . . . . . . . . . . . . x 17 3, 600.00 18 Safe deposit box rental fees .. ... .... .. .. . . . . . . ... . .. . . X 18 19 IRA custodial fees . . .. . .... .. .... .. ... . . . .. .. . . .. . . x 19 20 Loss incurred from total distribution of all traditional IRAs . . . . . . . . . 20 21 Loss incurred from total distribution of all Roth IRAs . . . . . . . . . . . . 21 22 Hobby expense (limited to hobby income) .. . . . . . . . . . . . . . . .. . . 22 23 Other: 23 11 24 Combine lines 9 through 23 (to Schedule A, line 23) .. . . . . . . .. . . .. . . 24 3,600.00 Other Miscellaneous Deductions - Not Subject to 2% Limitation 25 Expenses related to portfolio income, from Schedule(s) K-1 . . . . .. .. . .C] 25 26 Federal estate tax paid on decedent's income reported on this return . . . . . . 26 27 Impairment-related expenses of a handicapped employee, from Form 2106 . . . 27 28 Amortizable bond premiums on bonds acquired before 10/23/86 . . . . . . . . . 28 29 Gambling losses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 Casualty/theft losses of income-producing property . . . . . . . . . . . . . . . . 30 _ 31 Other: 31 32 Combine lines 25 through- 31 (to Schedule A, line 28) . . . . . . . . . . . . . . 132 Tax Payments Worksheet 2007 11 Keep for your records Name(s) Shown on Return Vicky R Weiser Social Security Number 489-86-3907 Estimated Tax Payments for 2007 (If more than 4 payments for any state or locality, see Tax Help) Federal State Local Date Amount Date Amount ID Date Amount ID 1 04/17/07 04/16/07 04/16/07 2 06/15/07 06/15/07 06/15/07 3 09/17/07 09/17/07 09/17/07 4 01/:_5/08 01/1C3/08 01/15/08 5 T P ot Estimated ayments . . . - Tax Payments Other Than Withholding (If multiple states, see Tax Help) Federal State ID Local ID 6 Overpayments applied to 2007 . . . . 7 Credited by estates and trusts .. . . 8 Totals Lines 1 through 7 . . . . . . 9 2007 extensions . . . . .... . . . . Taxes Withheld From: Federal State Local 10 Forms W-2 . . . . . . . . . . . . . . . . . . . . . . 11, 711. 2, 849. 1,485. 11 Forms W-2G . . . . . . . . . . . . . . . . . . . . . 12 Forms 1099-R . . .. . .. . .. . .. .... . . . 13 Forms 1099-MISC and 1099-G . . . . . . . . . . . 14 Schedules K-1 . . . . . . . . . . . . . . . . . . . . 15 Forms 1099-INT, DIV and OID . .. . . ... . . . 16 Social Security and Railroad Benefits . .. . . . 17 Form 1099-B . . . .. .. St Loc 18 a Other withholding .. .. St Loc _ b Other withholding . . . . St Loc c Other withholding . ... St Loc 19 Total Withholding Lines 10 through 18c ... . . 11,711. 2, 849. 1,485' 20 Total Tax Payments for 2007 .. .. ..... . 11, '711. 2, 849. 1,485. Prior Year Taxes Paid In 2007 (If multiple states or localities, see Tax Help) State ID Local ID 21 Tax paid with 2006 extensions . . . . . . . . . . . . . . 22 2006 estimated tax paid after 12/31/06 . . . . . . . . . 23 Balance due paid with 2006 return . . . . . . . . . . . . 24 Other (amended returns, installment payments, etc) . . Schedule A State and Local Tax Deduction Worksheet 2007 Line 5 Keep for your records Name(s) Shown on Return Vicky R Weiser Social Security Number 489-86-3907 State and Local Income Taxes State income taxes: 1 State income tax withheld ........ . .. . . . . .. .. . . . . . .. . . . . . 1 2, 849. 2 2007 state estimated taxes paid in 2007 . . .. . . .. . . . . . . ... . . . . . 2 3 2006 state estimated taxes paid in 2007 .. . .. .. .. . . . . . . . . . • . _ . 3 _ 4 Amount paid with 2006 state application for extension . . ... . . . . . . . . . . . 4 5 Amount paid with 2006 state income tax return . .... . . . . . . ... . . • • • 5 6 Overpayment on 2006 state income tax return applied to 2007 tax ... . . . . . . 6 7 Other amounts paid in 2007 (amended returns, installment payments, etc.) . . . . 7 8 State estimated tax from Schedule(s) K-1 (Form 1041) . . . .. . . . . . . . . . . 8 Local income taxes: 9 Local income tax withheld ... .. .. . . .. . . . . . . . . . . . . . . . . . .. . 9 1,485. 10 2007 local estimated taxes paid in 2007 . . ... .. . . . . . . .. . . . . . . . . . 10 11 2006 local estimated taxes paid in 2007 .. . ..... . . . . .. .. . . . . . .. . . 11 12 Amount paid with 2006 local application for extension . .. . . . . . . . . . .. . . 12 13 Amount paid with 2006 local income tax return .. . . . .. . . . . . . . . . . . . . 13 14 Overpayment on 2006 local income tax return applied to 2007 tax . . . . . . . . . 14 15 Other amounts paid in 2007 (amended returns, installment payments, etc.) . .. . 15 16 Local estimated tax from Schedule(s) K-1 (Form 1041) . .. . . . .. . . . . .. . 16 Other: 17 State mandatory taxes 17 84. _ 18 Total Add lines 1 through 17 ....... ..... .. . . . . . . . . . . . . . . . 18 4,418. 19 State and local refund allocated to 2001' . ... .. . . . .. .. . . . . . . . . . . . 19 20 Nondeductible state income tax from line 28 ... .. . . . 20 21 Total reductions Add lines 19 and 20 . ... . . . . . . . . .. . . . . . . . . . 21 22 Total state and local income tax deduction Line 18 less line 21 . . . . . . . . 22 4,418. Nondeductible State Income Tax (Hawaii Only) 23 Nontaxable federal employee cost of living allowance . . . . . . . . . . . . . . . 23 24 Adjusted gross income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Add lines 23 and 24 .. . . . . ...... . .... . . . . . . . . . . . . . . .. . 25 26 Nondeductible percent. Line 23 divided by line 25 . . . . .. . . . . . . . . . . . 26 % 27 Hawaii state income tax included in line 18 ... . . . . .. . .. .. . . . . .. . 27 28 Nondeductible Hawaii state income tax. Multiply line 26 by line 27. . . . . .. . 28 Charitable Contributions Summary ? Keep for your records 2007 Name(s) Shown on Return Social Security Number Vick R Weiser 489-86-3907 aril Cash Contributions Summary Name of Charitable Organization (a) Total (b) 50% Limit (c) 30% Limit Keystone Area Council 97. 97. SECA _ 50. 50. American Heart Association _ 50. 50. Scottish Rite Charities _ 50. 50. DayBrea Church _ 140. 140. Totals: 387. 387. art__ Non-Cash Contributions Summary Total Other Property Capital Gain Property Name of Charitable Organization a Total (b) 50% Limit (c) 30% Limit d 30% Limit e 20% Limit Good Will 200. 200. Totals: 200. 200. Fes] Contribution Carryovers to 2008 Total Cash and Other Non-Capital Gain Property Capital Gain Property (a) Total (b) 50% Limit (c) 30% Limit (d) 30% Limit (e) 20% Limit 1 2007 contributions . . . . . . . . 587. S87. 2 2007 contributions allowed 587. 587. 0 . 0. 0. 3 Carryover contributions: a From 2006 tax year . ..... . _ b From 2005 tax year . . .. .. . . c From 2004 tax year . ... .. . . _ d From 2003 tax year ...... . e From 2002 tax year . ..... . 4 Carryovers allowed in 2007 . . . 0. 0. 0 . 0. 0. 5 Carryovers disallowed in 2007. _ 0. 0 . 07 0. 0. 6 Deductions disallowed: a 2007 carryover to 2008 .... .. _ 0. 0. 0 . 0 . 0. b 2006 carryover to 2008 ... . . c 2005 carryover to 2008 . . . . . d 2004 carryover to 2008 . . . . . _ e 2003 carryover to 2008 . . .. . f 2002 carryover expired . . .. . ?a Special Situations in Your Return for Current Year Donations 1 Was the entire interest given for all property donated to all charities? . . . . . . . Yes C] No 2 Were restrictions attached to any charities's right to use or dispose of any property donated to any charity? . . . . . . . . . . . . . . ? Yes 0 No 3 Did you give to anyone other than the charity the right to income from any of the donated property or to possession of any of the donated property? . . . . ? Yes x No 4 Was any charity other than a 50% charity? Yes X No Federal Carryover Worksheet 2007 ? Keep for your records Name(s) Shown on Return Vickv R Weiser Social Security Number 489-86-3907 2006 State and Local Income Tax Information (See Tax Help) (a) State or Local ID (b) Paid With Extension (c) Estimates Pd After 12/31 (d) Total With- held/Pmts (e) Paid With Return (f) Total Over- a ment (g) Applied Amount PA 3,308. 121. Totals 3,308. 121. Other Tax and Income Information 2006 2007 1 Filing status . . . . . • • • • • • • • • • • • • • • . . . . 2 Number of exemptions for blind or over 65 (0 - 4). . . . • • • • . . ... . 1 2 2 MFJ 3 MFS 3 Itemized deductions after limitation . . . . . . . . . . . . . . . . . 3 22,191. 21,094. - 4 Check box if required to itemize deductions . . . . . . . 5 Adjusted gross income . . . . . . • . . • • • . . . • • • . . . . . . . . . • 4 5 98, 841. L-] 82,107. 6 Tax liability for Form 2210 or Form 2210-F .. . .. .. . . .. . 6 S, 784. 8, 519. 7 Alternative minimum tax .. . .. . . . . . .... .. . . . . . . . 7 189. 8 Federal overpayment applied to next year estimated tax . . .. . 8 QuickZoom to the IRA Information Worksheet for IRA information (see Tax Help) . . . .. . . ? Excess Contributions 2006 2007 9 a Taxpayer's excess Archer MSA contributions as of 12131 . . . 9 a b Spouse's excess Archer MSA contributions as of 12/31 . ... b 10 a Taxpayer's excess Coverdell ESA contributions as of 12/31 .. . 10 a b Spouse's excess Coverdell ESA contributions as of 12/31 .... b 11 a Taxpayer's excess HSA contributions as of 12/31 . .. . .... 11 a _ b Spouse's excess HSA contributions as of 12/31 . .. . . . .. . b Loss and Expense Carryovers 2006 2007 12a Short-term capital loss . . . . . . . . . . . . . . . • . • • • • • . . 12a b AINAT Short-term capital loss . . . . . . . . . . . . . . . . . . . . b 13a Long-term capital loss . ... . . . . • • • • • • . . • • • • • . . 13a b AMT Long-term capital loss . . . . . . . . . . . . . . . . . . . . b 14a Net operating loss available to carry forward . . . . . . . . . . . 14a b AMT Net operating loss available to carry forward . . . . .. . . b 15a Investment interest expense disallowed . . . . . . . . . . . . . 15a _ b MAT Investment interest expense disallowed . . . . . . . b 16 Nonrecaptured net Section 1231 losses from: a 2007... 16a b 2006... b c 2005. . . c _ d 2004. . . d _ e 2003. . . e f 2002 . . . f Federal Carryover Worksheet page 2 Vicky R Weiser 2007 489-86-390'7 Loss and Expense Carryovers (cont'd) 2006 2007 'd net Sec 1231 losses from: 17 AMT Nonreca a 2007. . . 17 a p b 2006 . . . b c 2005. . . c d 2004 . . . d e 2003.. . e f 2002 . . . f Credit Carryovers 2006 2007 18 General business credit . . . . . . . . . . . . . . . . . . . . 18 tion credit from: 19 Ado a 2007 . . .... • • . • • • . • • • 19 a p b 2006 ................. b c 2005 ................. c d 2004 ................. d e 2003 ................. e f 2002 ................. f 20 Mortgage interest credi t from: a 2007 . .... . . . . . . . 20 a b 2006 . . . . . .. .. . . . b c 2005............ c d 2004............ d 21 Credit for prior year minimum tax .. ... .. . . . . . . . . ... 21 22 District of Columbia first-time homebuyer credit...... .. . . 22 23 Residential energy efficient property credit ...... ... .. . 23 24 Amount overpaid less earned income credit... .. .. ... .. 24 6,250. Other Carryovers 2006 2007 25 Section 179 expense deduction disallowed . . . . . . . . . . 25 0. 26 Excess a Taxpayer (Form 2555, line 46) .. . . . . . 26 a foreign b Taxpayer (Form 2555, line 48) .. . . . . b housing c Spouse (Form 2555, line 46) . . . . . . . . c deduction: d Spouse (Form 2555, line 48) . . . .. . .. d r-- O O N c c r- O Q O C O O N o ? o O` E Q (ll X Y E O W CL 0 0 Sa v LNp 3 LO E >` x O .? LL 0 a? rn a 0 0 0 LL 0) _U t- o a) E 0 2 i 2 a N J I J O Q I 0 I ai 0 U O c C O f N ` c c V- O M N? 1.( c L Q C, O Q O X }4 C E H, c L L r Q u N Cq (D O 3 LO ?c L 0 -.1 LL_ a I I I I I ID of of oI oII Ea ' I, I I > I ?? II ' II I I I I I ' ., d i I I ? -o I I I I I Q °• I I I I ? o ; I I I I ? c •? I II I II I ?.v I I j I I II II I ' I I L) a a, C p.n I a? I III ? I I v I I I I I I I r NIx'IIxI a •o - x x I ' \ m: m m mI I III I I ? 0a i, I ? I I I I ' II w o'I, o 1 O - I s I I I I ' I I ? I II I ll I 3 a, 3 J O li m m r- of o I rn rl I M I I I C o I II I' II I •? I I I I` i I O O O O ' y? ?? O O O O I I li I '? I m I I ' ? II I I '.I ?, ? ! I I II I I I I I m r m r- ° ° I I rl N N'. r1 Ol Ol ? ? II I M. d' M lD l0 lD l VJ r d) o o o o I E Ry I\ \_ I II I I I I '. ? ?i ?i ? I I I~? I I N - i I 3 c m cn to w' I i ? I i o ?, r o of of a oI o o 0 0l o ? o "I of y .? ? II i I I I I CD w ?I m m in CV ? ri ?? ? I ?,? G' I, Eo ? ? ? I '? w w c! sa H o N x? o oI o u H O Q w E E EI iu m 0 0 m a 0 0 N 0 lU E I I 2 a; N J I I J O Q u 0 u ci a V Vicky R Weiser Form 2441 Additional Child Care Providers (a) Care provider's name 489-86-3907 (b) Address (number, street, apt no., city, state, and ZIP Code) (c) (d) Identifying Amount number paid (SSN or EIN, if EIN then must enter hyphen) Hildebrandt Learnii?q Center 1200-- N 7th Street ------------ - -- --------- Harrisburg, PA 17102 233-09-7342 7,995.20 PA Higher ED Assistance Agency See W-2 Total 7,995.20 Vicky R Weiser 489-86-3907 SMART WORKSHEET FOR: Form 1040: Individual Tax Return Tax Smart Worksheet A Tax . . . . . . . . . . . . 9,130. Check if from: 1 Tax table ................................................. X 2 Tax Computation Worksheet (see instructions) . . . . . . . • • . . • . . . . . . . . . • • . . 3 Schedule D Tax Worksheet . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Qualified Dividends and Capital Gain Tax Worksheet . . . . . . . . . . . . . . . . . ... .. . 5 ScheduleJ ................................................ 6 Form 8615 ............................................. ? 7 Foreign Earned Income Tax Worksheet . . . . . . . . • . . • • . . • . . . • . .. • • • . • • • • . B Additional tax from Form 8814 . ... . . .. .. . . . . . . . . . . . . . . .. . C Additional tax from Form 4972 . .. . ....... . . . . . . . . . . . . . . . D Tax from additional Form(s) 4972 . ... ... . . • • • . • • . . • • . . • • . . E Recapture tax from Form 8863 . . .. . . • • • . . • . . . . . • • . . . F IRC Section 197(f)(9)(B)(ii) election for an additional tax . . . . . . . . • • . G Tax. Add lines A through F. Enter the result here and on line 44 .. . . . . . .. 9, 130. SMART WORKSHEET FOR: Form 62,51: Alternative Minimum Tax Home Mortgage Interest Adjustment Line 4 Smart Worksheet A Enter the total of the home mortgage interest you deducted on lines 10 through 12 of Schedule A (Form 1040) and any qualified mortgage insurance premiums you deducted on line 13 of Schedule A (Form 1040) . . .. . . . . . 12,430. B Enter the part, if any, of the interest included on line A above that was paid on an eligible mortgage. Include any qualified mortgage insurance premiums included on line 1 that were paid in connectiom with an eligibile mortgage . . 12 , 430 . C Enter the part, if any, of the interest included on line A above that was paid on a mortgage whose proceeds were used to refinance an eligible mortgage. Include any qualified mortgage insurance premiums included on line 1 that were paid in connection with such a mortgage. Do not include any interest paid on the part of the balance of the new mortgage that exceeded the balance of the eligible mortgage immediately before the refinancing . . . . . . . . . D Enter the part, if any, of the interest included on line A above that was paid on a mortgage (a) taken out before July 1, 1982, and (b) secured, at the time the mortgage was taken out, by your main home or a qualified dwelling used by you or your family. Do not include any amount entered on line B or line C above ...... . . . . . . . . . . . E Add lines B through D . . . . . ... • • • • • • • • • . . • . . . • . . . . • • • 12,430. F Subtract line E from line A and enter the result on line 4 below . . . . . ... .. 0. KEEP FOR YOUR RECORDS Vicky R Weiser 489-86-3907 SMART WORKSHEET FOR: Form 62511: Alternative Minimum Tax Alternative Tax Net Operating Loss Deduction Line 27 Smart Worksheet A Alternative minimum taxable income: without ATNOL . . . . . . . . . .. . .. . 68, 969. B Enter Adjustments . . .. . .. .. . .. ... ... . .. . . . . . . .... . . . C Adjustment for domestic production activities deduction . . . . . . . . . .. . . D Adjusted alternative minimum taxable income without ATNOL (Sum of A thru C) . 68, 969. E Alternative minimum tax NOL deduction limitation. Line D times 90%. .. . .. 62 , 072 F Alternative minimum tax net operating loss . . . . • • • . • • . • . • . _ . • . . G Enter AMT NOL attributable to Gulf Opportunity Zone Losses . . . . . . . . • . . • H AMT NOL not attributable to Gulf Opportunity Zone Losses. (Line F minus G) .. 0. AMT NOL deduction other than Gulf losses (lesser of Line E or Line H) ... . 0.- J AMT NOL Gulf Zone Deduction. (smaller of Line G or (Line D minus Line 1) .. 0. K AMT NOL Deduction. Enter on Line 27 as negative. (Sum of Line I and J) . . . 0. SMART WORKSHEET FOR: Form 2106 (welder/mechanic): Employee Business Expense Form 2106, Part I Smart Worksheet A Check this box to use this form for spouse's employee expenses. If blank, taxpayer assumed . . . ... . . ... ...... .. . . . . . . .. . ... . . . .. .. .. . . . El B For entry of business expenses (ind non-auto depreciation), employer reimbursement information and qualified performing artist, Armed Forces reserve-related travel, or impairment-related work expenses, QuickZoom to Form 2106 Adjustments Wks . . . ? C Check this box to file Form 2106 even if you qualify to file Form 2106-EZ . .. . .. . . . . . . .0 D QuickZoom to Form 2106-EZ for these employee business expenses . ... .. . . . ? E Check this box if a fee basis state or local government official . . . ... . .. . . • • • • . • F Check this box if subject to Department of Transportation (DOT) hours of service limits . . . . . L G QuickZoom to another copy of Form 2106 ...... . . . . . . . . .. . . . . ? H Treat all MACRS assets for activity as qualified Indian reservation property? . . . E? Yes No Treat all assets acquired after Aug 27, 2005 as qualified GO Zone property? . .. .. ........ . . . = Regular C= Extension C]No SMART WORKSHEET FOR: Misc Itemized Deductions Stmt Depreciation Smart Worksheet A Enter Section 179 carryover from prior year . . . . . .. . . . . . . . . . . .. . . B QuickZoom to the Asset Entry Wcrksheet ......... . . . . . ... . . . . . . ? C QuickZoom to the Depreciation/Amortization Reports . . . . . . . . . . . .. . .. ? D QuickZoom to Form 4562 for Schedule A .... .... . . . . . . . . . .. . .. . ? E Treat all MACRS assets for activity as qualified Indian reservation property? . . . EJ Yes[:)'?] No F Treat all assets acquired after Aug. 27, 2005 as _ qualified GO Zone property? . . . . .. • • • • • . . • E :]Regular C] Extension EX] No KEEP FOR YOUR RECORDS I 489863907 WEISER VICKY 183527062 1012 TEAKWOOD LANE ENOLA 717 728 1790 0700113172 I PA-40 - 2007 Pennsylvania Income Tax Return ENTER ONE LETTER OR NUMBER IN EACH BOX. Do Not Use Your Preprinted Label N Extension. N Amended Return. R Occupation ASSISTANT R Residency Status. PA Resident/Nonresident/Part-Year Resident Occupation from to N Single/Married, Filing Jointly/Married, Filing Separately/Final Return/Deceased Date of Death N Farmers. PA 17025 school District Name EAST PENNSBORO 21250 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 1b from Line 1a. 2 Interest Income. Complete PA Schedule A if required 3 Dividend and Capital Gains Distributions Income. Complete PA Schedule B 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 Disposition 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 income 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. T See the instructions for additional information. 11 Adjusted PA Taxable Income. Subtract Line 10 from Line 9. PAIA0412 11/13107 EC Page 1 of 2 FC 1a 92804 1b 0 1C 92804 2 31 3 0 4 0 5 0 6 0 7 0 8 0 9 92835 10 25 11 92810 1 0700113172 ?1 m 0700113172 1 J PA-40 - 2007 Social Security Number 489863907 0700213186 I Name(s) Vicky R Weiser 12 PA Tax Liability. Multiply Line 11 by 3.07 percent (01.0307). 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) INRK-1. (Nonresidents only) 18 Total Estimated Payments and Credits. Add Lines 14, 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, 18, 21, 22, and 23. 25 TAX DUE. If Line 12 is more than Line 24, enter the 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 28. 29 Refund - Amount of Line 28 you want as a check mailed to you. Refund 30 Credit - Amount of Line 28 you want as a credit to your 2008 estimated account. 31 Amount of Line 28 you want to donate to the Wild Resource Conservation Fund. 32 Amount of Line 28 you want to donate to the Military Family Relief Assistance Program. 33 Amount of Line 28 you want to donate to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund. 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 examined this return, including all accompanying schedules and statements, and to the best of my (our) belief, they are true, correct, and complete. Your Signature Spouse's Signature, if filing jointly Preparer's Name and Telephone Number Self-Prepared 12 2849 13 2849 14 0 15 0 I.L. 0 17 0 18 0 19a 00 19b 00 20 0 21 0 22 0 23 0 24 2849 25 0 26 0 27 0 28 0 29 0 30 0 31 0 32 0 33 0 34 0 35 0 Firm EIN Preparer's SSN/PTIN Dale Page 2 of 2 PAIA012 11/13/07 1 0700213186 0700213186 J _I 0701910028 PA SCHEDULE W-2S Wage Statement Summary PA-40 W-2S (09-07)(1) 2007 OFFICIAL USE ONLY Summary of PA Taxable Employee, Non-employee, and Miscellaneous Compensation Name shown first on the PA-40 (if fling jointly) Social Security Number (shown first) Vicky R Weiser 1489-86-3907 Use this schedule to list and calculate your 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 appears 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 fora list of when a copy of a W-2 is required. Part B Instructions: List each source of income received 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 closely describes the source of your non-employee compensation. Enter the amount of other compensation that you earned. If the form or statement 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 and 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. IS .,...- -A -- an- vnn may nhnfnrnnv this srhedule or make vour own schedules in this format. Part A - Federal Forms W-2 T/S Employer EIN from box b Federal wages from box 1 Medicare wages from box 5 PA compensation from box 16 PA income tax withheld from box 17 T 23-1693362 81956 87804 92804 2849 Total Part A - Add the Pennsylvania columns . 9 2 8 04 2849 Part B - 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 Tis 1099 amount basis Total Part B - Add the Pennsylvania columns . I I I TOTAL - Add the totals from Parts A and B 1 92 8 04 1 2849 I Enter the TOTALS on your 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: I 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 0701910028 PAIA0601 11106107 0701910028 J 0701710022 PA SCHEDULE UE Allowable Employee Business Expenses PA Schedule UE (09-07) (I) 2UU7 oe nFOeRTMFNT OF REVENUE Name of taxpayer claiming expenses Vicky R Weiser Employer's Name Describe the duties of the job in which you incurred these expenses welder/mechanic Caution: You must complete a separate schedule for each job or position Spouses may not the joint FA bcneoulets) ur. Part A Direct Employee Business Expenses. 1 Union dues. List union name(s) and amount(s) paid. Enter the total. Submit additional sheets, if needed. Name of union(s) 8r amount(s). 1 2 Work clothes and uniforms. Needed for your employment and not suitable for everyday use. Description: 2 3 Small tools and supplies. Needed for your employment and not provided by your employer. 3 Description: 4 Professional license fees, malpractice insurance, and fidelity bond premiums. Required as a condition of your employment. ?? Description: 4 5 Total Direct Employee Business Expenses. Add Lines 1 through 4. 5 Part B. Business Travel Expenses. You may use appropriate amounts from Lines 1, 2, 3, and 5 of your Federal Form 2106 or Federal Form 2106-EZ. CAUTION: You may not use Line 4 of Form 2106. You must itemize these expenses in Pall C of this schedule. Vehicle Expenses: Standard Mileage Rate. 6 Enter the amount from your Form 2106 or 2106-EZ, OR Enter your total business miles and multiply by the federal standard mileage rate . . . . . . . 6 r Vehicle Expenses: Actual Travel and Mileage Expenses. 7 Enter the amount from your Form 2106. Make the following adjustments . . . . . . . . . . . . . . • . . • . . . 7 8 Add back the 'Inclusion Amount' from Form 2106. This adjustment does not apply for PA purposes . . . . . . . . . 8 9 Optional Depreciation. You may use any generally accepted method. If not using your Form 2106, enter your allowable depreciation expenses and the method you use . . . • • • 9 10 Actual Travel and Mileage Expenses for PA Purposes. Total Lines 7 through 9 . . . . • . . • • . • • • • • . 10 Other Business Travel Expenses. 11 Parking fees, tolls, and transportation. Enter the arnount from your Form 2106 or 2106-EZ. . . . • . . 11 12 Travel expenses while away from home overnight. Enter the amount from your Form 2106 or 2106-EZ . . . . . 12 13 Meals and entertainment expenses. Enter the amount from your Form 2106 or 2106-EZ . . . . . . . . . . . . 13 14 Total Business Travel Expenses. Add Lines 6 or 10 and Lines 11, 12, and 13. • 14 Part C. Miscellaneous Expenses. Itemize your additional expenses, including those PA allowable Business Expenses not itemized on your Fnrm 2106 or 2106-EZ. BA?latiRE9 Aaeisteh(helAgx ncy U. . 15- 7- 0. 15 Total Miscellaneous Expenses . Total Allowable PA Employee Business Expenses. You must account for reimbursements, if any. . • • • • . • • . • • . . • . . • . . . • . . . . . . ' ' . 5 Li f ' . . . A A ne . . . . . • • • • rom Direct Expenses B Business Travel Expenses from Line 14 . . . . . . • • • • • • • • • • . • . . . . • • . . • . . • • . . . . . B C Miscellaneous Expenses from Line 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C 0. D Office or Work Area Expenses from Line 16, on Side 2 . . . . . . . . . . . . . . . . . . . . . . . . D . . . . . . . . . . . . . . . . . . . . . . . . . on Side 2 Li 19 f . . . . E E . . . . . . ne , rom Moving Expenses . . . . . . . . . . . . . . . . . on Side 2 Li 23 f . . . . F F . . . . • ne , rom Education Expenses G Total Depreciation Expenses from Line 24, on Side 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G Acid Lines A through G . . . . . . • • . • . • • . • • . enses s Ex i B • • . . H 0. H . p nes us Total Allowable Employee I Reimbursements. Enter payments that your employer DID NOT include in box 16 of your Form W-2 . . . . d . . . . I J 0. J . . . . . . . . . Net expense or reimbursement. Subtract Line I from Line H. Enter the difference, an . . . . If Line H is MORE than Line I, include on Line 1b, on your PA-40. If Line I is MORE than Line H, include the excess in Line 1a, on your PA-40. Side 1 OFFICIAL USE ONLY Employer's address Social Security No. tsnown nrsy 489-86-3907 tmpioyer menuncauon Employer's Telephone Number 1 0701710022 PAIA1412 10,25/07 070171x0022 J 1 0701810020 PA SCHEDULE UE Allowable Employee Business Expenses PA Schedule UE (09-07) (1) PA DEPARTMENT OF REVENUE 20OFFICIAL USE ONLY Name of taxpayer claiming expenses social secunry rvumoer tsnown msy Vicky R Weiser 489-86-3907 Part D. Office or Work Area Expenses. You must answer ALL three questions or the Department will disallow your expenses. D1 Does your employer require you to maintain a suitable work area away from the employer's premises? . . . . . . . Yes No D2 Is this work area the principal place where you perform the duties of your employment? . . . . . . . . . . . . . . . Yes No D3 Do you use this work area regularly and exclusively to perform the duties of your employment? . . . . • • . • • • Yes No If you answer YES to ALL three questions, continue. If you answered NO to ANY question, you may not claim office or work area expenses. Actual Office or Work Area Expenses. Enter expenses for the entire year and then calculate the business portion. a Depreciation expense (homeowners only) . • • • • • • • • • • • . • • . • . . . . . • • . . • . . • • . . . . . . a b Real estate taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b c Mortgage interest (homeowners only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c dUtilities ...................................................... d e Property insurance . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e f Property maintenance expenses from statement. See the instructions . . . • . . • • . . • • . . • • . . • . • . • f g Other apportionable expenses from statement. See the instructions. . • • • . . • . . • . . • • . . • • • . . • • 9 In Rent (renters only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h i Total. Add Lines a through h. Enter the total here. . . . . • • • • • . • • • . • • . • • . . . • • . • • . . . • • • j Business percentage of property. Divide the total square footage of your work area by the total square o footage of your entire property. Round to 2 decimal places . . • • • • • • • • • . • • . • . • . • • • • • • • . • 1 k Apportioned expenses. Multiply Line i by the percentage on Line j. . • • • • . • . . • • • • . • • . . • • • • • • k Total office supplies from statement. See the instructions . . . . • • • • • • . . • • . . • . . . • • . • • • • • • • I 16 Total Office or Work Area Expenses. Add Lines k and I. 16 Part E. Moving Expenses. Distance Test. E1 Enter the number of miles from your old home to your new workplace . . . . . . . . . . . . . . . . . . . . . . . . miles E2 Enter the number of miles from your old home to your old workplace . . . . . . . . . . . . . . . . . . . . . . . . miles E3 Subtract Line E2 from Line E1 and enter the difference . . . • • • . • • . • • . . . • . . . . . . . . . . . . . . . . . . . . miles If Line E3 is 35 miles or more, continue. If it is not at least 35 miles, you may not claim any moving expenses. 17 Transportation expenses in moving household goods and personal effects . . . . . . . . . . . . . . . • • • 17 18 Travel, meals, and lodging expenses during the actual move from your old home to your new home . . . . . . . . 18 19 Total Moving Expenses. Add Lines 17 and 18 . . 19 Part F. Education Expenses. You must answer ALL three questions or the Department will disallow your expenses. F1 Did your employer (or law) require that you obtain this education to retain your present position or job? . . . . . . . . . . YES NO If you answer YES, continue. if you answer NO, you may not claim education expenses. F2 Did you need this education to meet the entry level or minimum requirements to obtain your job? . . . . • • • . • • • . n YES NO F3 Will this education, program, or course of study qualify you for a new business or profession? . . . . . . . . . . . . H YES NO If you answer NO to questions F2 and F3, continue. If you answer YES to either question you may not claim education expenses. Name of college, university, or educational institution: Course of study: 20 Tuition or fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Course materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Travel expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 Total Education Expenses. Add Lines 20 through 22 . 23 .. _ '.. . _ _ _ _. ....... --.. s..a__... ti..... - a,,....,..;.,r?,,.. Ana li, ii, IRC continn 17Q cYnpncinn to S29; 000. ran U. vepl Vc14 Vr. -po.I-- (a) Description of property ?.. (b) Date acquired --- -- -- - (c) Cost or other basis - (d) Depreciation method (e) Section 179 expense (f) Depreciation expenses oe 7, +. I ne.,.o.-i,rinn PYnanQPQ Arid tha amounts from columns (e) and (f) . . . . . . . . . . . . . . . . . . . . . 24 Side 2 1 0701810020 PAIA1412 10/25107 0701810020 1 , , I 0701610024 PA SCHEDULE O Other Deductions PA-40 O (09-07) (1) 2007 OFFICIAL USE ONLY Name shown first on the PA-40 (if filing jointly) Social Security Number (shown first) Vicky R Weiser 489-86-3907 (See the instructions.) PART I - IRC Section 529 Tuition Account Program Contributions (Limit $12,000 per beneficiary, per taxpayer-spouse.) 1 2 Beneficiary Information: Contributions by: Name: Social Security Number Taxpayer Spouse Jonathan E. Weiser 190-78-6465 1 25. Total IRC Section 529 Contributions - Add all amounts listed (including amounts on additional schedules) 2 25. PART If - Other Deductions and Limitations 3 Medical Savings Account contributions allowed for federal purposes 3 4 Health Savings Account contributions allowed for federal purposes . 4 _ 5 Add Lines 2, 3 and 4 and enter amounts here for taxpayer and/or spouse . 5 25. 6 Total income reported on PA-40 Line 9 by taxpayer arld spouse separately . 6 92 , 83 5 . 7 Lesser of Line 5 or Line 6 for taxpayer and/or spouse • 7 25. 8 Total Other Deductions - Add the amounts from Line 7 for taxpayer and/or spouse together. Enter here and on Line 10 of your PA-40.. 8 F 251 1 0701610024 PAIA0101 10/19/07 0701610024 1 . I, Interest Income Worksheet 2007 Name(s) shown on return Social Security Number Vicky R Weiser 489-86-3907 Interest Income and Adjustments Payer's Name T S J Regular Interest Type St ID U.S. Government Interest Tax Exempt Interest Type of Ad- just- ment Ad- justment Amount Interest Subtotal PSECU T 20. 20. t Federal Credit Oni M b ' n T 11. s em ers l T t 31 0. 0. 31. s o a . Type Type of Adjustment (blank) Regular Taxable Interest N Nominee Distribution M State Use Only O OID Adjustment S Seller Financed B ABP Adjustment A Accrued Interest H Other Adjustment U U.S. Savings Bond Prev Reported Summary 1 Subtotal of all interest income . . . . . . . . . . . . . . . . . . . . . . 2 Net U.S. obligations 3 Net Pennsylvania tax-exempt interest . . ........ . .. . .. . . 4 Net taxable PA interest income (Line 1 minus lines 2 and 3)... . . . 5 Distributions from Life Insurance, Annuity, or Endowment Contracts included in federal taxable income . . . . . . . . . . . . . . 6 Distributions from Charitable Gift Annuities included in federal taxable income .. . . . . • • • • • . • • • • • . . . . • . • • . . . 7 Distributions from IRC Section 529 Qualified Tuition Programs for non-educational purposes: a Total distribution from Form 10990 Summary, lines 11 and 14 b Amount used for qualified educational purposes . . . . . . . . . c Contributions made in 2006 and earlier .. . . . . . . . . . . . . d Excess contributions in 2007 . . . .. .. .. • • .. . • • . . • . . e Prior year distributions . ..... • • • • • • . • • • . • . • • • . f Adjusted basis (C + D - E = F) . . . • • • . • • . .. .. . . . . g Taxable amount (A - B - F = G) . .. .. • • .. • . .. • . . . . 8 Distributions from Health Savings Accounts included in federal taxable income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Distributions from Medical Savings Accounts included in federal taxable income . . . . . . . . . . • . . • . . • . . . . . . . . . . . . 10 Schedule(s) RK-1: a Interest income from partnership(s) . . .. ...... . . . . . . . b Interest income from Pennsylvania S corporation(s) . . . . . . . . 11 Total taxable PA interest income . . . . . . • • • . . • • . . • . . . . Taxpayer 31. othv2201.SCR 11/19/07 , , V VICKY R. WEISER Plaintiff vs. RAYMOND E. WEISER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL ACTION - LAW IN DIVORCE INCOME & EXPENSE STATEMENT OF VICKY R. WEISER Submitted by: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle Date: June 16, 2008 Full Name of Client: Vicky R. Weiser Present Address of Client: 1012 Teakwood Lane Enola, PA 17025 Telephone Number: 728-1790 - Home 720-3515 - Work Name of Employer: PHEAA Employer's Address: Length of Service with this Employer: 15 years Age: 39 EXHIBIT M OYLE 410 NORTH SECO ARRISBURG, PA 17108 817 1 i I ? f Pay period (weekly, bi-weekly, etc.) See attached bi-weekly paystub. INCOME ANNUAL FIGURES PAY PER PERIOD Gross Pay: Deductions: Federal: F.I.C.A.: State Income Tax: Local Income Tax: Hospital/Medical Insurance: Life Insurance: Pension/Profit Sharing: Credit Union: Savings Bonds: Other: (Specify) TOTAL DEDUCTIONS: NET PAY PER PERIOD: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 S S OTHER INCOME: None. (Fill in appropriate column) WEEKLY MONTHLY YEARLY Interest: Dividends: Pension: Annuity: Social Security: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Worker's Compensation: Other: (Specify) TOTAL OTHER INCOME: S $ TOTAL NET INCOME: S S S TOTAL NET & OTHER INCOME: S $ S Ili MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 EXPENSES: MONTHLY YEARLY Home: 1st & 2°d Mortgage 1.355.33 16,263.96 Condominium fees Maintenance Vacation home/cabin Timeshare Repairs/maintenance 66.67 800.00 Utilities: Electric 155.00 1,860.00 Gas Oil Water 45.00 540.00 Sewer 39.00 468.00 Trash Telephone 25.00 300.00 Cellular telephone 38.00 456.00 Internet 15.00 180.00 Security alarm Cable 53.45 641.40 Employment: Public Transportation Lunch 100.00 1,200.00 Parking Taxes: Real Estate 141.09 1,693.00 Personal Property 82 9.80 Income: Federal State Local OPT 434 52.00 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r a' s ' EXPENSES: MONTHLY YEARLY Automobile/boats/motorcycles/airplanes : Payments 425.87 5,110.44 Fuel 280.00 3,360.00 Inspection 3.34 40.00 Repairs/maintenance 83.34 1,000.00 Licensing & Registration 3.00 36.00 Insurance: Homeowners 57.84 694.00 Renter's Automobile 64.33 771.96 Life 75.70 908.40 Accident Disability Umbrella Health: Medical Dental Optical Medical & Dental: Doctors 16.67 200.00 Dentists 4.17 50.00 Orthodontist Hospital Medicine 70.42 845.00 Special needs (glasses, braces, etc.) Psychologist/Therapist 30.00 360.00 Personal: Clothing 333.34 4,000.00 Work Uniforms School Uniforms i Sports clothing 8.34 100.00 Costumes 4.17 50.00 Food 600.00 7,200.00 Barber/Hairdresser 75.00 900.00 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 A EXPENSES: MONTHLY YEARLY Education: Private School Parochial School College College Savings Plan Religious School supplies 2.09 25.00 Field Trips 8.34 100.00 Tutoring 173.34 x,080.00 Extra-curricular Activities: Music Art Dance 8.34 100.00 Sports 8.34 100.00 Credit Payments: Credit Cards 500.00 6,000.00 Charge Accounts Other (Specify) Memberships: Clubs Gym Country Club Loans: Credit Union 160.00 1,920.00 Other Child care: Day care 650.00 7,800.00 After/Before school care 290.42 3,485.00 Summer care 151.25 1,815.00 Camp MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 EXPENSES: MONTHLY YEARLY Household Help: Cleaning Snow removal Lawn care l)5.00 1,620.00 Landscaping Pool Maintenance Kennel Entertainment: Events 125.00 1,500.00 Movies 4.17 50.00 Dining out 208.34 2,500.00 Other Child Support: Obligation/order or agreement Miscellaneous expenses College expenses/room & board Gifts Holidays 125.00 1,500.00 Child(ren)'s birthday(s) 50.00 600.00 Child(ren)'s birthday party gifts 20.84 250.00 Wedding 834 100.00 Baby shower gifts 4.17 50.00 Bar/Bat Mitzvah Charitable Contributions Church/tithe 16.67 200.00 Individual charities 12.50 150.00 Support of non-dependent family Legal expenses: Attorneys fees 291.67 3,500.00 Experts Accountants MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 ,,,0 EXPENSES: Vacations: Travel Lodging Meals Fees Expenses Souvenirs Other Expenses: MONTHLY 00.00 33.34 37.50 8.34 8.34 Dry cleaning Pet expenses Postage Allowances Home repairs/plumbing/electric/etc. Furniture replacement Sports expenses/equipment/fees/coaches/travel Savings/retirement/college/miscellaneous News papers/books/magazines Alimony/other support or payments TOTAL EXPENSES: 8.34 3.34 16.67 16.67 7.92 $7,368.51 YEARLY 1,200.00 400.00 450.00 100.00 100.00 100.00 40.00 200.00 200.00 95.00 $88,419.96 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ? • if PA WGHZR ED ASSOTANCE AGENCY 1200 Natth 7th street Harrisburg, PA 17102 To The Account(ii) Of VICK'Y R W MER 1012 Teakwood Lane Enola, PA 17025 3760-External Audits Deportment Headquarters Type: A Status: A Check Date Q61134008 NON-NEGOTIABLE PA H OMM ED ASWTANCZ AGENCY 1200 NM* 7111 3"" Hmriaburg, PA 17102 Vito R Walser 1012 TW Wood Lane Bitola,PA 17MS NY Group: BW1•PHEAA PAY GROUP Pay Begin Da c; 05117/2008 Pnv EAd Daux 05130noo8 Employee lA: 439602 Paaition #; 00000613 TAX 12ATA: Departmariv 3760.13xramul Audits 13ap4rttnent Marital Statue: IN Location: Hawlqunru:ra A41OW M: a lob Title Ass autnt Viee President 3 Addl. Pat.: P Rats: S3 68P.00 Biwcakfv I-Ad&Amt.: 1 C !. '%:n;,7L 1 rf1111iI?Hv.' i4;:. ',117138 f Il if Ill, '4 i ,II 111 .' ,A1I Currant -- YTD 0 Data; W13=08 Fed MECBE 5035 6110.75 PedOASDIME 14.84 2,569.72 PA Unempl Ell 2.21 16.46 PA Witltboldng j11230 1,342.76 PA CTCB Wlthhoidng Hurishur4 58.53 699.84 PA LS Tax Harrisburg c 2.00 24,00 1/2% array Rwe Ned Cavetsgs 18,44 220.48 Long Tcrm Disugility PA State Emp ftrament 230.50 2,756.10 011114 Caro Dodu.tion Haalth Cara ffiA 11,54 138.49 Family Cars Ammmt Program 19231 2.307,72 b Hjvqu ],ntltl,W 3,235 21 M 097.6D 38 67J.92 R-Mg 1;. "!SArC1P®RbD d :tEOMPENSAI'ORY: Carty Over Help= 125,750 U.535 1.000 0.000 + P.oraed: 44.000 $8,496 16,000 01000 •Takaat 56.000 34.000 91000 0.000 foam RxMXW: 1.500 59.500 9.000 0.000 HAWW; _112.250 _. 48.531 01000 0.000 4,43 52.98 Medical11wpital 370,00 3,960,00 314.00 3,747.00 Lifclasurwrae 1.48 20.40 Basic AD &D Insurance i 0,05 0.06 Lang Term Dimbillty 4,43 53.99 PA State Emp Uliratumt I 120,97 1,446.44 rod Me"It 50 25 600,75 Fad OASAUER ± 214,88 I I 3,568.72 1MI WAG11: , @. A . . VERIFICATION I, Vicky Weiser , verify that the statements made in this Plaintiff's Pre-trial Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: _ 6/26/08 ( X ) PTai)t ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 It, r-A, i? VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE day of 2008, that a copy of the I hereby certify on this foregoing Plaintiffs Pre-Trial Statement was mailed, first-class, postage pre-paid to: E. Robert Elicker, II, Esquire OFFICE OF THE DIVORCE MASTER Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 ' \1 1"i I ? I r I i ? 1 ', ; Laurie' A. Saltzgi er, Attorney for Plait tiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 VICKY R. WEISER, V. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RAYMOND E. WEISER, Defendant NO. 07-2310 CIVIL TERM IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, VICKY R. WEISER, in the above matter. Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 .. J? y` ? o- ? {. ,ma ? q? y? ?n VICKY R. WEISER : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE PROOF OF SERVICE OF COMPLAINT IN DIVORCE ¦ Complete items 1, 2, and 3. Also cornplete Rant 4 It 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. 1. Article Addressed to: I o l Z F_ nv(c.I QQ t-::t"r7Zf A rTet/7--?? *Agent X AddnN»N Received by (Prlr? ) C. Dat Delivery '-I -.)r-,97 D. Is delivery address dHterent from Item 1? ? Yes If YES, enter delivery address below: ? No 3.,§?Wvlce Tips Certlfled mail ? Ewen mail ? Registered ? Return Receipt for Mwchsndha ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yea 2• ArtldeNumber 7004 2510 3007 6531 8588 Marufsr from service, later PS Form 3811, February 2004 Dorrmadc iMturn Reoeipt 102595.02-M-1540 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171236-9428 • FAX (7171236-2817 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 14" day of July, 2008, that a copy of the foregoing Proof of Service of Complaint in Divorce was mailed, first-class, postage pre-paid to: James G. Nealon, 111, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 r Laurie A. altzgi r, Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 ?..., ? C"] ? i ?? . f ' ..? r ?` ?_ ?II` ? r_.. _ !"'? " ', , i." s '' ." t ??'?? VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody 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 at: The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VICKY R. WEISER Plaintiff VS. RAYMOND E. WEISER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL ACTION -LAW IN DIVORCE THIRD AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Vicky R. Weiser, by and through her attorneys Meyers, Desfor, Saltzgiver & Boyle and files the following Third Amended Complaint in Divorce and in support thereof avers as follows: COUNT III INDIGNITIES 18. Paragraphs one through seventeen of the Second Amended Complaint in Divorce filed on April 30, 2008 are incorporated herein by reference as though set forth in full. 19. The grounds upon which this action is based are indignities pursuant to Section 3301(a)(6) of the Divorce Code. During the marriage, the Defendant has committed such indignities against the Plaintiff so as to make her life burdensome and intolerable. 20. Plaintiff requests the Court issue a Decree in Divorce based upon indignities pursuant to section 3301(a)(6) of the Divorce Code. WHEREFORE, Plaintiff, Vicky R. Weiser respectfully requests this Honorable Court to issue a Decree in Divorce divorcing her from the bonds of matrimony pursuant to Section 3301(a)(6) of the Divorce Code. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Attorney I.D. 61382 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE 4C I hereby certify on this day of , 2008, that a copy of the foregoing Third Amended Complaint in Divorce was mailed first-class, postage pre-paid to: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Laurie A~Salfzglve!r,' Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • RO. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 N -T I r_ J-T C.) -- T 31 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 20, 2007. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made iii this Affidavit 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. Date: • ( MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 lP..,J '^ti?.l .µ`7 ?'.??3 ..ms's ?,? a..,?. . ?? ?, ?. . "C4 r.???,_,_ !'_"' ?? e'-? ?. "? =x3' VICKY R. WEISER Plaintiff VS. RAYMOND E. WEISER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date o2o D 9 JickyR.W4e r MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 FILED- =l= "z'- ;E OF ?ME ,.a-4-"',9TA9- Y 2009 APR 22 PH 3: 02 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 20, 2007. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of 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. § 4904 relating to unworn falsification to authorities. Date: ?/ 3 )1617 Raymond E. Weiser MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX(717)236-2817 2009 MAY -4 PH 1: 09 VICKY R. WEISER Plaintiff VS. RAYMOND E. WEISER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2310 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Raymond E. Weiser MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (7171 236-2817 Tt?RUED ;l- 1?, = ,gyp I'l ! *- 09 2009 MAY - 4 F" \4-ry ,If '7, a?3/ d MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day ofQJAA, 008 by and between Vicky R. Weiser (hereinafter referred to as "Wife") of Enola, Cumberland County, Pennsylvania and Raymond E. Weiser (hereinafter referred to as "Husband") of Duncannon, Perry County, Pennsylvania. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 2, 1998 in Dauphin, Dauphin County, Pennsylvania; and WHEREAS, two children have been conceived of this marriage; namely, Jonathan E. Weiser, born on May 27, 1999 and Jillian E. Weiser born on March 26, 2005; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1. DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits of Consent required by the court for the entry of a mutual consent divorce. The parties do not intend to pursue a Divorce Decree until April 20, 2009, unless otherwise specified herein. The parties have executed and filed Affidavits of Consent, but will not file the additional documentation necessary to request the Divorce Decree until April 20, 2009. On April 20, 2009 Wife's counsel shall file all appropriate documents to request a Decree C 2 3. 4 5 in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, April 20, 2007, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, April 20, 2007, he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. 8. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their 11. respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of James G. Nealon, III, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, 13. counsel fees and costs and expenses. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. a. The four wheeler shall be transferred to Husband and Wife shall execute the title transferring same to him. Husband shall retrieve the four wheeler from the marital residence by November 2, 2008. b. The parties agree that Husband shall retrieve the following items from the marital residence by November 2, 2008. i. Deer heads ii. Turkey mount iii. Red tool box with tools inside iv. Tree stands with ladder v. 50 caliber inline muzzle loader (CVA) vi. 1 remote control car with case vii. Gun cabinet viii. White archery bag target ix. TV with stand (downstairs) X. 10" miter saw xi. Brad nailer air gun. xii. Mountain bike xiii. Fire Department awards (3) xiv. Miscellaneous hunting items (on the white shelf downstairs) xv. Light bar with siren and wiring box xvi. Mounted fish. Husband shall contact Wife and the parties shall agree upon a mutually agreeable date and time prior to November 2, 2008 for Husband to retrieve these items. 14. EQUITABLE DISTRIBUTION: a. Disposition of Real Property: Husband does hereby set over, transfer and assign to Wife all of his right, title and interest in the marital residence located at 1012 Teakwood Lane, Enola, Cumberland County, Pennsylvania. The marital residence shall be the sole and exclusive possession of Wife, and Husband agrees to executed a deed transferring the property into Wife's name alone. Wife agrees that she alone shall be responsible for the 1St and 2nd mortgages and Wife shall indemnify and save harmless Husband from any and all claims or demands made against said mortgages. ii. Wife agrees to be responsible for any and all real estate taxes due on the residence including any past due taxes on the residence which may have accumulated during the marriage. Wife agrees that she shall indemnify and save harmless Husband from any and all claims or demands made against him for said property taxes. iii. Wife will contact the current mortgage holders and attempt to assume the mortgages so as to remove Husband from the obligations. In the event that Wife is unable to assume the mortgages, Wife will refinance the mortgages when it is economically feasible and interest rates are at or below the current mortgage rates. b. Pension Plans/Retirement Accounts/IRAS: Husband shall keep as his sole and exclusive possession any and all pension plans, retirement accounts or IRAs in his name alone. Wife waives any and all right or claim to said pension plans, retirement accounts or IRAs. Wife shall keep as her sole and exclusive possession any and all pension plans, retirement accounts or IRAs in her name alone. Husband waives any and all right or claim to said pension plans, retirement accounts or IRAs. C. Automobiles: Wife shall keep the 2003 Chevy Trailblazer as her sole and exclusive possession free of any claim or demand by Husband. Said Trailblazer and the lien against it are in Wife's name alone. Wife shall be responsible for payment of the lien against said vehicle. Husband shall keep the 2000 Dodge Ram, which is presently titled in both Husband's and Wife's names, as his sole and exclusive possession free and clear of any and all claim or demand by Wife. Husband shall be responsible for payment of the lien against said vehicle, as well as the automobile insurance. Husband will refinance the lien when it is economically feasible and interest rates are at or below the current lien. Husband shall indemnify and hold Wife harmless against any claim or demand made against her by way of said vehicle lien and insurance. Upon presentation by Husband, Wife shall execute any documentation necessary to transfer said vehicle into Husband's name alone. The parties agree to execute any and all documentation necessary to give effect to the above paragraphs. d. Checking/Savings Accounts: Wife shall keep as her sole and exclusive possession any and all checking and savings accounts in her name alone. Husband waives any and all right or claim to said checking and savings accounts. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. Credit Card Debt/Personal Service Loans: Wife shall keep as her sole and exclusive responsibility the credit cards which she has been paying and her personal service loan with PSECU. Wife shall indemnify and hold harmless Husband against said debts. Husband shall keep as his sole and exclusive responsibility the credit cards which he has been paying and his personal service loan with PSECU. Husband shall indemnify and hold harmless Wife against said debts. 15. CHILD SUPPORT: The parties hereby stipulate and agree that Husband shall pay child r support in the amount of $350.00 per month for the parties' two (2) children beginning November 1, 2008. This child support shall be entered as an Order through the Cumberland County Domestic Relations Office. The parties intend to request the entry of the Divorce Decree on April 20, 2009. Wife will continue to cover Husband on her medical insurance until the entry of the Divorce Decree. Wife will not request an increase in child support prior to April 20, 2009. In the event that Wife requests an increase in child support prior to April 20, 2009, then Husband shall be free to file for spousal support and/or alimony pendente lite (APL). Husband waives his right to spousal support and APL unless and until, Wife would request an increase in child support. In the event that Husband files for APL or spousal support from Wife, when Wife has not requested an increase in child support, then the parties shall immediately file all documents necessary to obtain the Divorce Decree. Likewise, if Husband requests a decrease in child support prior to the issuance of the Divorce Decree, then the parties shall immediately file all documents necessary to obtain the Divorce Decree. 16. WAIVER OF RIGHT TO ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 17. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 19. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 21. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other 22. 23 respects, this Agreement shall be valid and continue in full force, effect, and operation. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. L Vicky eis '1'2 jc Raymond E. Weiser James G. Nealon, III, Esquire F4LE FF OF THE (Pty`;-'!?" (DTAPY 2009 MAY -7 AM (4= 5 9 C.? A,Iy VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE MOTION TO VACATE APPOINTMENT OF MASTER AND NOW, comes Plaintiff, Vicky R. Weiser, by and through her attorneys and files this Motion to Vacate Appointment of Master and in support thereof avers as follows: 1. Movant is Vicky R. Weiser, Plaintiff in the above-captioned action. 2. Respondent is Raymond E. Weiser, Defendant in the above-captioned action. 3. E. Robert Elicker, II, Esquire, was appointed as Divorce Master in the above-captioned action in divorce on or about July 6, 2007. 4. On October 28, 2008, the parties entered a Settlement Agreement fully and finally resolving this matter. 5. In light of the parties agreement, no hearing before the Divorce Master is necessary. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Movant, Vicky R. Weiser, respectfully requests this Honorable Court to vacate the appointment of E. Robert Elicker, II, Esquire, as Divorce Master in the above- captioned case. Respectfully submitted, Attorney I.D. 61382 \ Meyers, Desfor, Saltzgiv 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 11th day of May, 2009, that a copy of the foregoing Motion to Vacate Appointment of Master was mailed, first-class, postage pre-paid to: E. Robert Elicker, II, Esquire OFFICE OF THE DIVORCE MASTER Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Laurie A. N Attorney for MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 FIL T r ??r 2099 M., Y 13 pH !:32 MAY 14 20W6 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION -LAW Defendant IN DIVORCE ORDER AND NOW, this day of 2009, upon review and consideration of the attached Motion to Vacate Appointment of M ter, IT IS HEREBY ORDERED AND DECREED that the appointment of E. Robert Elicker, II, Esquire as Master in the above- captioned case is hereby revoked. Laurie A. Saltzgiver, Esq., P.O. Box 1062, Harrisburg, PA 17108 Attorney for Plaintiff dines G. Nealon, III, Esq., 2411 N. Front Street, Harrisburg, PA 17110 Attorney for Defendant E. Robert Elicker, II, Esq., 9 North Hanover Stre t, Carlisle, PA 17013 Divorce Master 1 cS rn? LC r? MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (7171236-9428 - FAX (7171 236-2A17 uj c• ? - u. G C14 VICKY R. WEISER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-2310 RAYMOND E. WEISER CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Served by certified mail, restricted delivery on April 28, 2007 Proof of Service filed with the Prothonotary on July 15, 2008. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff November 6, 2008; by the defendant April 30, 2009. 4. Related claims pending: No other claims are pending . 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(i) of the Divorce Code. (b) Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: April 22. 2009. Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: May 4, 2009. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171 9gA_QA9A . FAX !7171 97A_9A17 G0D9 ?`l ? 0 P 1: 10 d f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vicky ?. Weiser i NO. 07-2310 DIVORCE DECREE AND NOW, M„ ! .97., xoaf , it is ordered and decreed that Vicky R. Weiser / , plaintiff, and E. Weiser defendant, are divorced from the bond* of matrimony. 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 claim remain indicate "None.") None. The Marital Settlement Agreement dated October 28, 2008 is hereby incorporated but no merged herein. By the Court, 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I PENNSYLVANIA K. We.; se4- J Plaintiff Vs ?? use?s? Defendant File No. 7 - c? 3 r O IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marling "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated I ' IQUA 27 hereby elects to resume the prior surname of O and gives this wriotice avowing his / her intention purs t to rz ro tns of 54 7 4. Dat igna i Signature Wofeing r COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF (' V m1wr) an)1 On the Q4 day of NL0a , 2009 , before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto s my hand hereunto set my hand and official seal. NOTARIAL SEAL Notary Public OTARY, NOTARY PUBW EM7 ERLAND COUNTY COURTHOUSE N EVIRES JANUARY 4, 2010 OF Fl D SOT ARY 2009 JUDY _ 9 Pfd J ? 4 J cu% : . ; P 1`drv' VAWI n.,