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HomeMy WebLinkAbout05-3472ELIZABETH A. WIMER, IN T Plaintiff, HE COURT OF COMMON PLEAS OF , : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DWIGHT D. WIMER, 2005 3MCIVIL TERM 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES The Court of Common Pleas of Cumberland ACT OF County 99equired by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ELIZABETH A. WIMER, IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 3 N 7? DWIGHT D. WIMER, coos CIVIL TERM Defendant. IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO THE DIVORCE CODE AND NOW9 comes the Plaintiff, Elizabeth A. Wittier, by and through her attorneys, Irvin, & McKnight, and files this Complaint in Divorce against the Defendant, Dwight D. Wimer, representing as follows: SECTIONS 3301 (c-,, I. The Plaintiff is Elizabeth A. Wimer, an adult individual residing at 18 Butler Court, Carlisle, Cumberland County, Pennsylvania 17013. 2• The Defendant is Dwight D. Wimer, an adult individual currently residing at 1035 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. Plaintiff and the Defendant were married on November 7, 1970, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties and for such further relief as your Honorable Court may deem equitable and just. 8. The allegations of Paragraphs one (1) through seven (7) of the Divorce Complaint are incorporated herein as if fully set forth above. 9• Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the grounds upon which this action is based that the Plaintiff is the injured spouse and that the Defendant has offered such indignities to her as to render her condition intolerable and life burdensome. 10. Pursuant to the Divorce Code, Section 3301(a)(3), the Plaintiff avers as the grounds upon which this action is based that the Plaintiff is the injured spouse and that the Defendant, by intentionally committing adultery, has rendered the her condition intolerable and life burdensome WHEREFORE, the Plaintiff requests the dissolution of the marriage between the two parties and for such further relief as your Honorable Court may deem equitable and just. 2 AND COUNSEL FEES 11. The allegations of Paragraphs one (1) through ten (10) of the Divorce Complaint are incorporated herein as if fully set forth above. 12. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 13. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 14. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an ordering requiring Defendant to pay for Plaintiff's counsel fees, expenses and costs as well as providing for payment of appropriate alimony and alimony pendente lite to Plaintiff. COUNT IV - EQUITABLE DISTRIBUTION 15. The allegations of Paragraphs one (1) through fourteen (14) of the Divorce Complaint are incorporated herein as if fully set forth above. 16. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 17. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests this Honorable court to enter an order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Code and for such further relief as this Court may deem equitable and just. Respectfully submitted, IRWIN & MCKNIGHT Dated: July 8, 2005 By: 4 vv ust romrret street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. EL ETH A. WIMER Date: ?'Ws ELIZABETH A. WIMER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL ANIA V. CIVIL ACTION - LAW DWIGHT D. WIMER, 2005- CIVIL TERM Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I Participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: L Nj ! aU Aga??1 ?u - ELIZABETH A. WIME Plaintiff 4Jy ['? c „i r_.?. stn ? N c :?(wJ S r„ ELIZABETH A. WIMER, Petitioner/Plaintiff V. DWIGHT D. WIMER, Respondent/Defendant CIVIL ACTION - LAW NO. 2005-347a CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Elizabeth A. Wimer, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The petitioner/plaintiff is Elizabeth A. Wimer who currently resides at 18 Butler Court, Carlisle, Pennsylvania 17013 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSI?VANIA 2. The respondent/defendant herein is Dwight D. Wimer who currently resides at 1035 Pine Road, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner and respondent were married on November 7, 1970, in Cumberland County, Pennsylvania and were separated on June 19, 2005. 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, petitioner, Elizabeth A. Wimer, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & McKNIGHT By: Imo' 'A? • Marc A. McKn' it, III, quire 60 West Pomfret St Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the petitioner/plaintiff Date: July 8, 2005 2 VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. W- Z ETH A. WIMER Date: -494-0 US N n ?. '71 „c; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH A. WIMR Plaintiff NO. V. CIVIL ACTION - LAW DWIGHT D. WIMER IN DIVORCE Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME ELIZABETH A. WIMER ADDRESS 18 BUTLER COURT, CARLISLE PA 17013 BIRTH DATE SEPTEMBER 15, 1951 SOCIAL SECURITY NUMBER 202-42-5677 HOME PHONE 717.243.2337 WORK PHONE 717.258.5455 EMPLOYER NAME THOMAS NESLUND, D.M.D. EMPLOYER ADDRESS 13 BROOKWOOD AVE., CARLISLE, PA 17013 JOB TITLE/POSITION ADMINISTRATIVE ASSISTANT DATE EMPLOYMENT COMMENCED FEBRUARY 2, 2002 GROSS PAY NET PAY OTHER INCOME NONE ATTORNEY'S NAME MARCUS A. McKNIGHT III ES Q. ATTORNEY'S ADDRESS 60 WEST POMFRET ST., CARLISLE, PA 17013 ATTORNEY'S PHONE NUMBER 717.249.2353 RESPONDENT NAME DWIGHT D. WIMER ADDRESS 1035 PINE ROAD CARLISLE PA 17011 BIRTH DATE JANUARY 6, 1950 SOCIAL SECURITY NUMBER 197-40-8571 HOME PHONE 717.486.4171 WORK PHONE 717.245.3344 EMPLOYER NAME CARLISLE ARMY WAR COLLEGE CARLISLE BARRACKS EMPLOYER ADDRESS CARLISLE, PA 17013 JOB TITLE/POSITION MANAGEMENT ANALYST DATE EMPLOYMENT COMMENCED 1977 GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME ROBERT L. O'BRIEN, ESQ. ATTORNEY'S ADDRESS 19 WEST SOUTH ST., CARLISLE, PA 17013 ATTORNEY'S PHONE NUMBER 717.249.6873 MARRIAGE INFORMATION DATE OF MARRIAGE NOVEMBER 7, 1970 PLACE OF MARRIAGE CARLISLE, CUMBERLAND COUNTY, PA DATE OF SEPARATION JUNE 19, 2005 ADDRESS OF LAST MARITAL HOME 18 BUTLER COURT., CARLISLE, PA 17013 DESCRIPTION OF DOCUMENT RAISING APL CLAIM PETITION FOR APL DATE APL DOCUMENT FILED JULY 8, 2005 ELIZABETH A. WIMER, Plaintiff V. DWIGHT D. WILIER, Defendant CIVIL ACTION - LAW 2005- 3472 CIVIL TERM IN DIVORCE AFFIDAVIT OFACCEPT,9NCE OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, ROBERT L. O'BRIEN, ESQ., attorney for the defendant in the above-captioned divorce action, hereby agrees to accept service of the Complaint in Divorce, Docket Number 2005-3472 which was filed on July 8, 2005. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL ANIA Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 N ° rJ -" c :; .-{ -1 c.` gy '-"„ .c- ? ?._ -,, m C' .G;? ';.... W i ; _? ?. - - sue-. ;::. ro _,. 'a `.? ' t ?? o ? ? :< .. ,? ELIZABETH A. WIMER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2005-3472 CIVIL TERM DWIGHT D. WIMER, IN DIVORCE Defendant/Respondent PACSES # 519107485 ORDER OF COURT AND NOW, this 14`" day of July, 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on July 19, 2005 at 10. A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 7-14-05 to: < Respondent Marcus McKnight, Esquire Robert O'Brien, Esquire Date of Order: July 14. 2005 JShR.adday, C onference e Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 o ?-? ? . f, ?? ? ?' y L ?P JC) i, ^2 f .':-} ? 7 1J? `? (_.. ?+J ?+? r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH A. WIMER ) Docket Number 05-3472 CIVIL Plaintiff ) VS. ) PACSES Case Number 519107485 DWIGHT D. WIMER ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 19TH DAY OF JULY, 2005 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on JULY 8, 2005 in the above captioned matter is dismissed without prejudice due to: A NONFINANCIAL OBLIGATION BEING ORDERED UNDER PACSES C#751107441 AND DOCKETED AT 508 S 2005. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xC: plaintiff defendant Marcus McKnight, Esquire Robert O'Brien, Esquire BY T r O`IUR Edgar B. Bayley JUDGE Service Type M Form OE-506 Worker ID 21005 d ? u? 2 rs1 I ELIZABETH A. WIMER, Plaintiff V. DWIGHT D. WIMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2005-3472 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire and Beckley & Madden, of Counsel, on behalf of the Plaintiff, Elizabeth A. Wimer, in the above-captioned matte DATED: 34S?T Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Kindly withdraw my appearance entered on behalf of the Plaintiff, Elizabeth A. Wimer, in the above-captioned matter. DATED: „/Ja-?, ,?w -1 ;w7 Of Counsel IRWIN & MCKNIGHT 80 West Pomfret Street West Pomfret Professional Building Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was served upon the following and in the manner indicated below: VIA FIRST CLASS MAIL Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Building 80 West Pomfret Street Carlisle, PA 17013-3222 Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Dated: March 15, 2007 C? ? ? -n y i,AF - ?? ?+.,.M1 ? q / C q ^ J W i/ we ELIZABETH A. WIMER, Plaintiff V. DWIGHT D. WIMER, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW JN DIVORCE :NO. 2005--3472 NOTICE OF INTENTION TO RETAKE PRIOR NAME Notice. is hereby given that the Plaintif in the above-captioned matter, a Final Decree in Divorce having not yet been granted, hereby elects to retake and use her previous name of Elizabeth Anne Rahilly and gives written notice avowing her intention in accordancewith the provisions of 54 Pa.C.S. §704. WEra' A. Wimer To be Known as: El za th A. Rahilly COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF Cis v? b o,-1 a ) On the ? "? day of 64-c?, , 2008, before me, a Notary Public, personally appeared ELIZABETH A. WIMER, now known as ELIZABETH A. RAHILLY, known to me or satisfactorily proven to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and seal. Notary Public Nd?AI now amo 100mm Mr C&T&r" h !, P A? 30.2011 so Wk CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Robert J. Dailey, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 DATED: zab a it r--Zl ELIZABETH A. WIMER, ) Plaintiff ) v. ) DWIGHT ?. WIMER, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2005-3472 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER D. WIMER, Defendant moves the court to appoint a Master with respect to the following Divorce (XXX) Distribution of Property ( ) Annulment ( ) Support Alimony (XXX) Counsel Fees ( ) Alimony Pendente Lite (XXX) Costs and Expenses and in supptrt of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. a Plaintiff has appeared in the action by her attorney, Elizabeth A. Beckley, Esquire. 3. ' e statutory ground(s) for divorce is: 4. heck the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: i ore Date Samuel L. des Attorney for Defendant i ANI)NOW, 2009, , Esquire, is appointed aster with respect to the following claims: BY THE COURT, i J. ELIZABETH A. WIMER, ) In the Court of Common Pleas of Plaintiff ) Cumberland County, Pennsylvania VS. ) No. 2005-3472 DWIGHT D. WIMER, ) Defendant ) IN DIVORCE MOTION FOR APPOINTMENT OF MASTER DWIGHT D. WIMER, Defendant moves the court to appoint a Master with respect to the following claims: (XXX) Divorce (XXX) Distribution of Property ( ) Annulment ( ) Support (XXX) Alimony (XXX) Counsel Fees ( ) Alimony Pendente Lite (XXX) 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 Plaintiff has appeared in the action by her attorney, Elizabeth A. Beckley, Esquire. 3. The statutory ground(s) for divorce is: 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the. following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: Date Samuel L. des Attorney for Defendant AND NOW, _ 3 2009, e 1&1eJ& & ZEsquire, is appointed Master with spect to the following claims: 'T I- p tAqy i„ , ELIZABETH A. WIMER, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3472 DWIGHT D. WIMER, Defendant TO THE PROTHONOTARY: IN DIVORCE PRAECIPE Please enter my appearance on behalf of Dwight D. Wimer in the above-captioned matter. 9 September 2009 Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12' Street, P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Please withdraw my appearance on behalf of Dwight D. Wimer in the above matter. Robert O'Brien Attorney at Law 19 West South Street Carlisle, PA 17013 (717) 249-6873 A4I l: , E OF T? t1f FR,-?+?--, ?,iOT?pv lA :i 2009 SEP I I PM 3: 10 ELIZABETH A. WIMER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE DWIGHT D. WIMER, Defendant :NO. 2005-3472 PRE-TRIAL STATEMENT OF ELIZABETH A. WIMER NOW KNOWN AS ELIZABETH A. RAHILLY AND NOW comes the Defendant, Elizabeth A. Wimer now known as Elizabeth A. Rahilly, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files the following pre-trial statement. I. BACKGROUND Mr. Wimer and Ms. Rahilly were married on November 7, 1970. They separated in June, 2005, due to Mr. Wimer's infidelity. When the parties separated, Ms. Rahilly was 53 years old and Mr. Wimer was 55 years old. Ms. Rahilly is employed by Thomas P. Neslund, DMD. Mr. Wimer is employed by the United States Government, Department of Defense as a civilian employee. Mr. Wimer and Ms. Rahilly had three children during their marriage all of whom were adults at the time the parties separated. II. STATEMENT OF MARITAL ASSETS Marital Asset Value Proceeds from the marital residence $52,000.00 (this has already been divided evenly between the parties) Proceeds being held in escrow Husband's Thrift Savings Plan 6,585.41 19,346.76 1 Wife's Profit Sharing Plan 20,592.33 Wife's American Funds Account 13,873.74 Husband's Pension 386,039 Wife's Member's First IRA 1,772.04 Husband's Chevy Impala 5,885.00 Cash to Wife 1,612.42 Cash to Husband 5,153.09 III. STATEMENT OF NON-MARITAL ASSETS Non-Marital Asset Value Wife's American Funds IRA $5,685.00 (These funds are from an inheritance) IV. STATEMENT OF MARITAL LIABILITIES Marital Liabilities Amount Wife's Car Debt $2,257.00 (Wife traded in vehicle after separation; however she had to pay the above-stated amount in order to do so) Husband's PSL 9,873.69 Wife's PSL 1,070.00 V. EXPERT WITNESSES Jonathan Cramer - Conrad Siegel - actuary who performed pension valuation 2 VI. WITNESSES 1. The parties; 2. Such other witnesses as needed for rebuttal. VII. EXHIBITS 1. Parties' 2005 - 2008 tax returns; 2. Proof of parties' current income; 3. Pension valuation; 4. Thrift Savings Plan statements; 5. IRA statements; 6. Proof of Wife's Profit Sharing Plan 6. Proof of marital debt; 7. Such other exhibits as needed for rebuttal. VIII. PROPOSED RESOLUTION The following resolution is suggested: 1. 60/40 division of the marital assets with 60% going to Wife; 2. 60/40 division of the marital debt with 60% going to Husband; 2. Wife to receive indefinite alimony; and 3. Wife to receive her counsel fees. IX. ESTIMATED LENGTH OF HEARING If this matter proceeds to a hearing, then Ms. Rahilly estimates that the hearing will take one half to one full day. 3 DATED: Of Counsel BECKLEY & MADDEN 212 N. 3rd Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, - /f 9 ? - "-"- /." ?/ 17 re s AetW§/Te Attorney for Plaintiff Elizabeth A. Rahilly 4 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 a -n DATED: ?j FILEL) THE f 2999 SEE 2if Hill 2. 0J L yl ,.?1 i U' j [Y ELIZABETH A. WIMER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 05 - 3472 CIVIL DWIGHT D. WIMER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~ 7~ day of 2010, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated June 8, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~ Elizabeth A. Beckley rney for Plaintiff Samuel L. Andes Attorney for Defendant t E.s ryt.~ c ~~e?/~v ~rrl n ~_ . S _" 7 `i ,~- .. ~: ,~ ._ t`r N _o O C~ ~. ~~ f~ _i V'i a_Ti ~~ rim? ~~ a., c.:. (- _`r k r..r.3 .~ .~ "~ ELIZABETH A. WIMER n/k/a ELIZABETH A. RAHILLY V. DWIGHT D. WIMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-3472 NO. DIVORCE DECREE AND NOW, J ~ l ~_, L ~ t 'o , it is ordered and decreed that ELIZABETH A. WIMER n!k!a ELIZABETH A. RAHILLY ,plaintiff, and DWIGHT D. WIMER ,defendant, are divorced from the bonds 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 claims remain indicate "None.") None. The Property Settlement Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in Divorce. By the Court, test: L/ `" ~ J Prothon a 7• I y • l0 a C-•e.r-.~.. c~,.e.s ~~ ~ ed ~+~ ~~~..~~ d ~dc~e,r, mc~.; tad - ~A,na~e,.s. ~ r Elizabeth A. Wiener (n/k/a Elizabeth A Rahillv) Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW - ]N DIVORCE Dwight D. Wiener N0. 2006-3472 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations Iaws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Dwight D. Wiener ("Participant") is a Participant in the Plan. Elizabeth A. Rahilly ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 6. The Participant's name, mailing address, Social Security number and date of birth are: Dwight D. Wiener 1036 Pine Road Carlisle, PA 17016 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: DRo Page 2 of 4 Elizabeth A. Rahilly (f/k/a Elizabeth A. Wiener) 26 Lismore Place Mechanicsburg, PA 17050 Social Security No.; See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. This DRO assigns to Alternate Payee an amount equal to 36.36% of the marital portion of the Participant's gross monthly annuity accrued under the Plan as of the date of cessation of benefit accruals. The marital portion of the Participant's gross monthly annuity shall be determined by multiplying the Participant's gross monthly annuity by a fraction (less than or equal to 1.0), the numerator of which is the total number of months of creditable service earned by the Participant from November 7, 1970, the date of marriage, to June 22, 2005, the date of separation, and the denominator of which is the total number of months of creditable service earned by the Participant as of the date of cessation of benefit accruals. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 9. Payments to Alternate Payee shall commence the date payments commence to the Participant. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 10. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall revert to the Participant. 11. The Alternate Payee is awarded a former spouse survivor annuity. The amount of the former spouse survivor annuity shall be equal to the amount of the Alternate Payee's share of the DRO Page 3 of 4 gross pension calculated pursuant to Paragraph 8. This former spouse survivor annuity applies if the Participant dies before his benefits commence or if the Participant dies after his benefits commence. The costs associated with providing this former spouse survivor annuity coverage shall be paid by the Alternate Payee. Participant agrees to take all necessary steps to elect .Alternate Payee as designated beneficiary for the purposes of establishing and sustaining such former spouse coverage for Alternate Payee. 12. If Participant leaves Federal service before retirement and applies for a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of such employee contributions. '13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 1b. In the event that the Plan inadvertently paps to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. In the event the Participant makes cone-time irrevocable election to transfer into the Federal Employees Retirement System ("FERB")before his retirement, then Alternate Payee shall be entitled to a portion of the Participant's Basic Annuity and/or a Refund of employee DRO Page 4 of 4 contributions under FERS calculated in a manner similar to that which is enumerated in Sections $, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable directly from FERS. 17. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 18. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments or withdrawals from the Plan. 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain ~~ jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this ~ day of T v ~ T, ~( 6 n ,~~, _. 1, c_. :.> ~-. :~ Q c._. c=: ~-- t-, ..~ ;-r ,r ~~~; _;, ,._ ~ CONSENT TO ORDER: l ~~~lo P Alternate Payee ate N ~; r~i v: -.-, 1 ~ ~~ ~,o ~ ~e~ ~~ t ey or Date A orney for endant/ Date Alternate Payee Participant ~fa~ f iv c~Py ma: Jed ~ ate,, a~~tey ~ ~ ~.,Cb ,e~L BY THE COURT