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HomeMy WebLinkAbout05-3650IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, Plaintiff NO. 05-- 3&50 C- V. : CIVIL ACTION - LAW TERRIE A. WISER, DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 D. CURTIS WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA os- 3? ? Jdv? V. NO. TERRIE A. WISER, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT Plaintiff, D. Curtis Wiser by his attorney, Diane G. Radcliff, Esquire, files this Complaint in Divorce of which the following is a statement: COUNTI DIVORCE 1. The Plaintiff is D. Curtis Wiser, an adult individual who currently resides at 1100 Greenspring Road, Newville, Cumberland County, Pennsylvania since 1985. 2. The Defendant is Terrie A. Wiser, an adult individual residing at 1100 Greenspring Road, Newville, Cumberland County, Pennsylvania since 1985. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 21, 1996 at Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken -2- and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from March 21, 1996, the date of their marriage, until June 24, 2005, the date of their separation, all of which are "marital property" or "marital debts". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. 3448Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff 3- Respectfully submitted, VERIFICATION D. CURTIS WISER verifies that the statements made in this Complaint are true and correct. D. CURTIS WISER understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 'e_ "J.? D. CURTIS WISER J Date: `?? I f?l 8 S -4- YECEIVED AUG 0 4 2005 P. Richard Wagner, Esquire PA Supreme Court I.D. # 23103 MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Defendant D. CURTIS WISER, Plaintiff V. TERRIE A. WISER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3650 CIVIL ACTION - LAW IN DIVORCE ?f ?1 ORDER AND NOW, this J day of , 2005, upon Motion for Continuance, and it appearing - that no objection is raised to the Motion, the hearing is hereby continued until the 1 -Saday oflE • , at d :.W/1"47. ck, in Courtroom No. -45? , Cumberland County Courthouse, Carlisle, Pennsylvania. oPo BY TH I K ) J. VINVA-MNN3d a o :z kd e- and soot AH'11? W8d 3 40 2-P) N ?} IZAI ... -ry ... v "C Prepared by: Diane G. Radliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Phone # 717-737-0100 Supreme Court ID# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, Plaintiff NO. Cq? V , v. CIVIL ACTION-LAW TERRIE A. WISER, IN DIVORCE Defendant RE: PETITION FOR SPECIAL RELIEF PETITION FOR SPECIAL RELIEF TO THE HONORABLE THE JUDGES OF THE SAID COURT: Petitioner, D. Curtis Wiser, by his attorney, Diane G. Radcliff, Esquire, files the above referenced Petition for Special Relief and represents that: 1. Your Petitioner is D. Curtis Wiser, (hereafter referred to as "Husband") an adult individual residing at 1100 Greenspring Road, Newville, Cumberland County, Pennsylvania, and is the Plaintiff in the above-captioned divorce action. 2. Your Respondent is Terrie A. Wiser(hereafter referred to as "Wife") an adult individual whose last known address is 1100 Greenspring Road, Newville, Cumberland County, Pennsylvania, but whose current residence is unknown, and is the Defendant in the above-referenced divorce action. 3. The parties were married on March 21, 1996. 4. The parties separated on or about June 24, 2005. 5. The parties are the joint owners of a certain tract of improved real estate located at 399 Carlisle Road, Newville, Cumberland County, Pennsylvania from which wife operates the hereinafter referenced business (the "Newville Real Estate"). 6. The parties are the joint owners of a business known as the Crossroads 2- Restaurant, which business is solely operated by Wife on the Newville Real Estate. 7. The parties acquired the Newville Real Estate and the Crossroads Restaurant from Nena E. Chapman. 8. To finance the purchase of the Newville Real Estate and the Crossroads Restaurant the parties secured three (3) loans, both of which are secured by a mortgage lien against the Newville Real estate as follows: A mortgage owed to Nena E. Chapman in the face amount of $300,000, and having a balance of approximately $200,000 (the "Chapman Mortgage"). b. A mortgage owed to MEtT Bank in the face amount of $65,00.00, and having a balance of approximately $40,000 (the "MEtT Mortgage"). A mortgage owed to MELT in the face amount of $35,000.00, was refinanced on or about May 20, 2005, which when refinanced had an approximate balance of $25,000, which balance was added to the mortgage loan against Husband's real estate located at 1100 Greenspring Road, Newville, Cumberland County, Pennsylvania, which real estate was Husband's property prior to marriage and remains titled in his sole name, although it was heretofore utilized as the parties' marital residence. Wife did not make the required payments on the Chapman Mortgage, as a result of which mortgage foreclosure proceedings were instituted by the said Nena E. Chapman against the parties in the Cumberland County action docketed to No. 05- 2354. 10. As part of that foreclosure action the said Nena E. Chapman, by her Attorney, David R. Galloway, Esquire sent a letter dated May 26, 2005 to the parties advising them of the basis under which the foreclosure could be stopped. One of the requirements was that the parties seek and obtain refinancing of the Chapman Mortgage within sixty (60) days. A true and correct copy of the Chapman May 26, 2005 letter is attached hereto, marked Exhibit "A" and made a part hereof. 11. Wife has not been able to pay or has failed to other obligations of the Crossroads Restaurant and the Newville Real Estate on a timely basis and recently, after the parties' separation, has had to borrow additional sums from Husband (which he borrowed from his mother) and supposedly from a line of credit ion order to pay the same. -3- 12. Wife recently told Husband she needed $3,000 from Husband to pay the insurance on the Newville Real Estate and for the Crossroads Restaurant. As per her request Husband lent her that $3,000 on or about July 11, 2005. Husband later found out that contrary to her representations, the insurance bill was only $1,200 and that as of the current date that insurance has not been paid. If Wife does not pay that insurance by July 24, 2005, there would be no insurance on building, equipment, nor workman's compensation insurance as such coverage will lapse. 13. Wife supposedly made arrangements for the refinance of the Chapman mortgage and requested Husband to execute the loan documents therefor. 14. Husband believes that the amount of the refinance loan is for an amount substantially greater than the amount owed on the Chapman mortgage. 15. Husband informed Wife that he would not agree to execute the refinance documents unless she agreed to some conditions which included the sale of the Crossroads Restaurant and the Newville Real Estate 16. Wife refused and continues to refuse Husband's proposed refinance terms. 17. Since the parties have not refinanced the Chapman Mortgage as required by the Chapman May 26, 2005 letter, there is a substantial risk that Nena E. Chapman will proceed with her aforesaid foreclosure action and the Crossroads Restaurant and the Newville Real estate will be lost in a foreclosure on the Chapman Mortgage. 18. Husband believes that the Crossroads Restaurant and the Newville Real Estate should be immediately listed for sale so as to avoid that foreclosure sale loss. 19. Wife will not agree to listing the property and business for sale and will not accept any reasonable offer for the purchase of the Crossroads Restaurant. 20. Husband has and will incur attorneys fees in bringing this Petition and claim is made therefor. WHEREFORE, Husband, D. Curtis Wiser, respectfully requests this Honorable Court to enter an Order: a. Requiring Wife to sign all documents necessary to list the Cross roads 4- Restaurant and the Newville Real Estate for sale with a realtor to be selected by Husband at the price suggested by the Realtor; b. Requiring the parties to accept any reasonable offer to purchase the Crossroads Restaurant; C. Requiring Wife to pay the attorney's fees and costs incurred by Husband in bringing this Petition and attending the hearing to be held thereon. Respectfully submitted, 3#48'Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner - 5 - VERIFICATION I, D. Curtis Wiser, verify that the statements made in this Petition are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. D. CURTIS WISER -6- CERTIFICATE OF SERVICE AND NOW, this -0 -day of , 20057 I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day ser a copy of the foregoing document upon the following named person, by mailing same by first class mail, postage prepaid, addressed as follows: Terrie A. Wiser 399 Carlisle Road Newville, PA 17241 Respectfully submitted, DCLIFF, ESQUIRE \ J 3448 Trind Road Cam Hill A 17011 Phone: 17) 737-0100 Fax: (717) 975-0697 Supreme Court ID 32112 7- "' - ? -„ «, .? !- ' =Y_-T: ?.I , ,.I {tq r' ? ?? ?` ?.Ca _? S?-j i --rt ' ?<? ? __. _- . t) 4 R p'J i F" D ?? ? b1AKl'SON DI-Ai, DOItI'I' WII,I -IANIS K W It) MI» 0 (hFCmdlAnvn'•AnclrE• lnrncal v 10 FA'I 10(.11 Slim ?I C ,AHijsiI . PI NNS? 1AaraA 17013 D I I111IONI 17M ?43-3341 I'mC mftli' (7177-243-1Xso INTrsNI I Nv N'vv. md%w'colll May 26, 2005 Mr. D. Curtis Wiser Mrs. Terrie A. Wiser 1100 Green Springs Rd. ^Ic111ille, PA 17241 At four ?, I, ConNSEL Lok, vF L-vw WILLIAM E M.-AIrnoN JUIIA Ii I-om vat III Elmvkn L. Saluaph D.v?n4 K. E)I_vFOnltrl- 3?IIUS1 Al J. ???II I LA3Ka 1vn V. t Lio III (it ORI,I, B. I' \1I.I k )a- ^It,5)K,I( lKi 11)(I (ANI. ( R[,( ti 1) vv w A_ Ft i /ymoN= [)A\ [1) K. G U I uvvAY Anrnoct 1. 1_I c Inr (lwi,iI w,P E. Rlt I Jr,?NU'r-e I SIq vI, IIn I AR% A. D1 AN tx,v s-;. ou 1,? RE: Nena E. Chapman v. D. Curtis Wiser & Terrie A. Wiser, H/W No. 05-2354 Cumberland County C.C.P. (Mortgage Foreclosure) Our File No. 10070.1 Dear Mr. & Mrs. Wiser: As you know, we represent Nena E. Chapman, Plaintiff in the above matter. We write to you to memorialize our telephone conversation with Mr. Wiser on May 26, 2005. On or about May 10, 2005, you were served with a Complaint in Mortgage Foreclosure. As the Notice attached to the Complaint indicates, you must take action within twenty (20) days following service of the Complaint and Notice. At this time, our client has granted you a (60) day extension from May 25, 2005, to file only an Answer to the Complaint. For consideration of that extension, you agreed to pay our client, on May 25, 2005, $7,702.11, the past-due payments for February, March and April 2005 and to pay $2,567.37, May's past-due payment, by Wednesday, June 1, 2005. June and July's payment must also be made by the 21 s` day of each month. Daring the sixty (60) day extension, you agreed to reel: financing to satisfy your obligation to Ms. Chapman and agreed to provide us a status of your attempts to seek that financing. In the event you fail to make the above payments or fail to obtain financing within the sixty (60) day period, we shall continue with the referenced action. If this letter does not accurately reflect our conversation, please immediately let us know. Again, should you have any questions regarding this matter, please consult with your personal attorney. WILLIAMS & OTTO cc: Ms. Nena E. Chapman F:\FILES%DATAFILE\Gene akCuaent\10090.1dwtw ]vI°ORNIATIo 4 • ADVICS • ADVO( -\('t 'N' Verv truly yours. - r co i v? T_ _,- ern Prepared by: Diane G. Radliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Phone # 717-737-0100 Supreme Court ID# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, Plaintiff NO. j5-3(O SO wL V. CIVIL ACTION-LAW TERRIE A. WISER, IN DIVORCE Defendant RE: PETITION FOR SPECIAL RELIEF PETITION FOR SPECIAL RELIEF TO THE HONORABLE THE JUDGES OF THE SAID COURT: Petitioner, D. Curtis Wiser, by his attorney, Diane G. Radcliff, Esquire, files the above referenced Petition for Special Relief and represents that: 1. Your Petitioner is D. Curtis Wiser, (hereafter referred to as "Husband") an adult individual residing at 1100 Greenspring Road, Newville, Cumberland County, Pennsylvania, and is the Plaintiff in the above-captioned divorce action. 2. Your Respondent is Terrie A. Wiser(hereafter referred to as "Wife") an adult individual whose last known address is 1100 Greenspring Road, Newville, Cumberland County, Pennsylvania, but whose current residence is unknown, and is the Defendant in the above-referenced divorce action. 3. The parties were married on March 21, 1996. 4. The parties separated on or about June 24, 2005. 5. The parties are the joint owners of a certain tract of improved real estate located at 399 Carlisle Road, Newville, Cumberland County, Pennsylvania from which wife operates the hereinafter referenced business (the "Newville Real Estate"). 6. The parties are the joint owners of a business known as the Crossroads 2- Restaurant, which business is solely operated by Wife on the Newville Real Estate. The parties acquired the Newville Real Estate and the Crossroads Restaurant from Nena E. Chapman. To finance the purchase of the Newville Real Estate and the Crossroads Restaurant the parties secured three (3) loans, both of which are secured by a mortgage lien against the Newville Real estate as follows: a. A mortgage owed to Nena E. Chapman in the face amount of $300,000, and having a balance of approximately $200,000 (the "Chapman Mortgage"). b. A mortgage owed to MEtT Bank in the face amount of $65,00.00, and having a balance of approximately $40,000 (the "MU Mortgage"). A mortgage owed to MErT in the face amount of $35,000.00, was refinanced on or about May 20, 2005, which when refinanced had an approximate balance of $25,000, which balance was added to the mortgage loan against Husband's real estate located at 1100 Greenspring Road, Newville, Cumberland County, Pennsylvania, which real estate was Husband's property prior to marriage and remains titled in his sole name, although it was heretofore utilized as the parties' marital residence. 9. Wife did not make the required payments on the Chapman Mortgage, as a result of which mortgage foreclosure proceedings were instituted by the said Nena E. Chapman against the parties in the Cumberland County action docketed to No. 05- 2354. 10. As part of that foreclosure action the said Nena E. Chapman, by her Attorney, David R. Galloway, Esquire sent a letter dated May 26, 2005 to the parties advising them of the basis under which the foreclosure could be stopped. One of the requirements was that the parties seek and obtain refinancing of the Chapman Mortgage within sixty (60) days. A true and correct copy of the Chapman May 26, 2005 letter is attached hereto, marked Exhibit "A" and made a part hereof. 11. Wife has not been able to pay or has failed to other obligations of the Crossroads Restaurant and the Newville Real Estate on a timely basis and recently, after the parties' separation, has had to borrow additional sums from Husband (which he borrowed from his mother) and supposedly from a line of credit ion order to pay the same. 3- 12. Wife recently told Husband she needed $3,000 from Husband to pay the insurance on the Newville Real Estate and for the Crossroads Restaurant. As per her request Husband lent her that $3,000 on or about July 11, 2005. Husband later found out that contrary to her representations, the insurance bill was only $1,200 and that as of the current date that insurance has not been paid. If Wife does not pay that insurance by July 24, 2005, there would be no insurance on building, equipment, nor workman's compensation insurance as such coverage will lapse. 13. Wife supposedly made arrangements for the refinance of the Chapman mortgage and requested Husband to execute the loan documents therefor. 14. Husband believes that the amount of the refinance loan is for an amount substantially greater than the amount owed on the Chapman mortgage. 15. Husband informed Wife that he would not agree to execute the refinance documents unless she agreed to some conditions which included the sale of the Crossroads Restaurant and the Newville Real Estate 16. Wife refused and continues to refuse Husband's proposed refinance terms. 17. Since the parties have not refinanced the Chapman Mortgage as required by the Chapman May 26, 2005 letter, there is a substantial risk that Nena E. Chapman will proceed with her aforesaid foreclosure action and the Crossroads Restaurant and the Newville Real estate will be lost in a foreclosure on the Chapman Mortgage. 18. Husband believes that the Crossroads Restaurant and the Newville Real Estate should be immediately listed for sale so as to avoid that foreclosure sale loss. 19. Wife will not agree to listing the property and business for sale and will not accept any reasonable offer for the purchase of the Crossroads Restaurant. 20. Husband has and will incur attorneys fees in bringing this Petition and claim is made therefor. WHEREFORE, Husband, D. Curtis Wiser, respectfully requests this Honorable Court to enter an Order: a. Requiring Wife to sign all documents necessary to list the Cross roads 4- Restaurant and the Newville Real Estate for sale with a realtor to be selected by Husband at the price suggested by the Realtor; b. Requiring the parties to accept any reasonable offer to purchase the Crossroads Restaurant; C. Requiring Wife to pay the attorney's fees and costs incurred by Husband in bringing this Petition and attending the hearing to be held thereon. Respectfully submitted, 5- Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner VERIFICATION I, D. Curtis Wiser, verify that the statements made in this Petition are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. D. CURTIS WISER -6- CERTIFICATE OF SERVICE AND NOW, this 1e'-day of , 2005, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day sera copy of the foregoing document upon the following named person, by mailing same by first class mail, postage prepaid, addressed as follows: Terrie A. Wiser 399 Carlisle Road Newville, PA 17241 Respectfully submitted, DCLIFF ESQUIRE \ I 3448 Trind Road Cam Hill A 17011 Pfi-d-ne-.-P17) 737-0100 Fax: (717) 975-0697 Supreme Court ID 32112 -7- "'? f? ? c?? ..1 L f?i{J . ?_ -r r ? - ,i ? : < ire ^? ?1??i r ? n ?, r? MM:DW 1.v R>RMA M I' . Aov¢ 1, • Anvnv.?r? 10 F, SlI IIR n Si P.I'I GARI ISII, PI sNSr I\?IdA 17013 Te1 .1P1 (IM CM 141 3141 FAC',W?1J (717)2:13.1X50 IA11RUIiI ww md%mcom Mr. D. Curtis Wiser Mrs. Terrie A. Wiser 1100 Green Springs Rd. Ncv,.°ille, PA 17241 RE: Nena E. Chapman Anoumrv &t lVu u:v?i V. Ahmsw' )unv B. Fnui rae 1!I Lim vRo L. S(I ofoF D%vfft K.Dcu<n,wtr Tnosl \s .1. W11 I Inau* No V, Oflo 111 GI'IRI i R. I A1.I.FR li. m \,i! Lniu AI L:A Vk CvR1. C. Rill 11 D-vSID 1A Finsnlovs DAV n, R. G-v1 I utcnti 1 snIl l_ Lunn, Cn Risiollm,R L. Rir r h ?VlliR L. SI'C:1R1 Ihi [:vn A. Draw 'I4. ?., arvtix :,cull, . . I.iu M1rn n: n? May 26, 2005 D. Curtis Wiser & Terrie A. Wiser, H/W No. 05-2354 Cumberland County C.C.P. (Mortgage Foreclosure) Our File No. 10070.1 Dear Mr. & Mrs. Wiser: As you know, we represent Nena E. Chapman, Plaintiff in the above matter. We write to you to memorialize our telephone conversation with Mr. Wiser on May 26, 2005. On or about May 10, 2005, you were served with a Complaint in Mortgage Foreclosure. As the Notice attached to the Complaint indicates, you must take action within twenty (20) days following service of the Complaint and Notice. At this time, our client has granted you a (60) day extension from May 25, 2005, to file only an Answer to the Complaint. For consideration of that extension, you agreed to pay our client, on May 25, 2005, $7,702.11, the past-due payments for February, March and April 2005 and to pay $2,567.37, May's past-due payment, by Wednesday, June 1, 2005. June and July's payment must also be made by the 21 s` day of each nt Dnrng the sixty (60) day extension, you agreed to seei: financing to satisfy your obligation to Ms. Chapman and agreed to provide us a status of your attempts to seek that financing. In the event you fail to make the above payments or fail to obtain financing within the sixty (60) day period, we shall continue with the referenced action. If this letter does not accurately reflect our conversation, please immediately let us know. Again, should you have any questions regarding this matter, please consult with your personal attorney. WILLIAMS & OTTO cc: Ms. Nena E. Chapman F.\FILES\DATAFILE\General\Nrtent\10070.1 du w INi ORNIATION • A D V ICe - ADVOC AC 1 "`I Verv truly yours. C, c !? cry _ ty T iU k7 :...-1 rr r ?-ii RECEIVED JU'_ 19 2005 ?) ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, Plaintiff NO. ?? 31c,?? ?L\)??? i't'` V. CIVIL ACTION-LAW TERRIE A. WISER, IN DIVORCE Defendant RE: PETITION FOR SPECIAL RELIEF ORDER FOR A RULE AND HEARING AND NOW, this Oa' day of , 2005, upon consideration of the within Petition, IT IS HEREBY ORDERED that a Rule is issued upon the Respondent, Terrie A. Wiser, to show cause why the relief requested in the within Petition should not be granted. The Rule is returnable at a hearing to be held in this matter on the S day oO'. of , 2005 at /O.o,clock A.m. in Courtroom S _ of the Cumberland County Courthouse, Carlisle, Pennsylvania. The parties shall appear at that date and time and give testimony and argument on the issues raised in the within Petition. COURT: JUDGE all. P. Richard Wagner, Esquire PA Supreme Court I.D. # 23103 MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax(717)234-7080 Attorney for Defendant D. CURTIS WISER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3650 V. TERRIE A. WISER Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR CONTINUANCE NOW COMES Counsel for the Defendant and files the following Motion for a Continuance: A hearing is scheduled for the 5' of August, 2005 in the above matter. Counsel for the Defendant has a trial in the Court of Common Pleas of Dauphin County that day. 3. Because of the appearance in Dauphin County, Counsel for Defendant is unavailable. 4. Counsel for the Plaintiff concurs in this request. WHEREFORE, Counsel requests this matter be continued and rescheduled as set forth in the attached Order. 2233 North Front Street Harrisburg, PA 17110 a 05 (717) 234-7051 Date: Respec Submitted: P. Rich agner, Esquire LD.#2 3 ?, ??? :> ?` ?, Vl ?, ? _ ?} y i i Yl - ? _ v rl f? ? ?? _ I _ . it ?. 'l-. . ._.., a ,. -? i ?... U7 SHERIFF'S RETURN - REGULAR CASE NO: 2005-03650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WISER D CURTIS VS WISER TERRIE A SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon WISER TERRIE A the DEFENDANT , at 1048:00 HOURS, on the 27th day of July , 2005 at CROSSROADS RESTAURANT 399 CARLISLE ROAD NEWVILLE, PA 17241 by handing to TERRIE A. WISER a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 8.00 .37 10.00 R. Thomas Kline .00 36.37 07/28/2005 DIANE RADCLIFF Sworn and Subscribed to before By me this day of fTK C!S D A.D. rot no ary D. CURTIS WISER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Plaintiff/Respondent, NO: 05-3650 TERRIE A. WISER, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Petitioner, Terrie A. Wiser, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Petition for APL: 1. Your Petitioner, Terrie a. Wiser, is the Defendant in the: above-captioned matter. 2. The Respondent, D. Curtis Wiser, is the Plaintiff in the above-captioned matter. 3. The parties live separate and apart and have done so since June 24, 2005. 4. The Petitioner is without sufficient means to support herself, and Respondent has sufficient means to provide alimony pendente lite unto the Petitioner herein. WHEREFORE, Petitioner requests the Court to grant her alimony pendente lite; and set a date, time and place for a conference before the Domestic Relations Office. Respectfully submitted, Mancke, Wagner & Spreha ?P. Richard W er, Esquire I.D. #13 103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date:= r!/ U i -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: +'1 v i:7 C.; :;; ..?_y (_' _ 3 ?? Cii-- rJ N ?? ?? ?.. ,, ti .. t t ?? j ?..? D. CURTIS WISER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 05-3650 TERRIE A. WISER, CIVIL ACTION - LAW IN DIVORCE Defendant. NOTICE TO PLEAD TO: D. Curtis Wiser c/o Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Respectfully submitted, & SPREHA 4P:- and Wagner,ysq I. . #23103 % 2 ront Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Defendant DATE: /a l5 Dl D. CURTIS WISER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 05-3650 CIVIL ACTION -LAW TERRIE A. WISER, IN DIVORCE Defendant. ANSWER TO COMPLAINT COUNT 1 AND NOW, comes the Defendant, Terrie A. Wiser, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Answer to Plaintiff s Complaint in Divorce: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. A. It is denied that the marriage is irretrievably broken. B. It is admitted that the parties are living separate and apart, but have not done so for a period of two (2) years. 9. Denied. It is denied that a divorce decree is available. WHEREFORE, Defendant prays this Court to not enter a divorce decree. EQUITABLE DISTRIBUTION. 10. Admitted. 11. Admitted. 12. Admitted. COUNTER-CLAIM ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 13. Paragraphs I through 12 above are incorporated herein by reference and made a part hereof. 14. By reason of this action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 15. The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 16. The Defendant's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the cost of this litigation. -2- 17. The Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees and expenses. WHEREFORE, Plaintiff prays this Honorable Court: (a) Compel the Plaintiff to pay alimony pendente lite to the Defendant; (b) Equitably distribute all property, both real and personal, owned by the parties; (c) Compel the Plaintiff to pay the Defendant's counsel fees, costs and expenses and the costs and expenses of this action; and (f) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Mancke, Wagner & Spreha P. Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant Date: 1,21i gld?' -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: CERTIFICATE OF SERVICE 1, Debra K. Spinner, secretary in the law firm of Mancke, 'Wagner & Spreba, do hereby certify that I am this day serving a copy of the foregoing document to the following presons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 BY viXC , ' Debra K. Spinner, Secretary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: /dri3/09? V D It 110 v l Z I C d ?J tom., (-7 N rP C P r? J i Jyi i DANIEL C.WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY', PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-3650 CIVIL TERM TERRIE A. WISER, IN DIVORCE Defendant/Petitioner PACSES # 621107952 ORDER OF COURT AND NOW, this 10th day of January, 2006, 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 February 7, 2006 at 1:30 P.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: (l) 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, Edgar B. Bayley, President Judge Copies mailed on AN-_L7-M to: Petitioner Respondent P. Richard Wagner, Esquire Diane G. Radcliff, Esquire Date of Order. January 10, 2006 T!' R. J. jadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ( } ha I 'ij ?. C..._ r._ ? ?, C,.. -ti ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 02/07/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number NEW PENN MOTOR EXPRESS INC PO BOX 630 LEBANON PA 17042-0630 186-50-4750 Employee/Obligor's Social Security Number 1859101600 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 643 .00 per month in current support $ 72. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. 00 per month in current and past-due medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 715.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 165. oo per weekly pay period. $ 330. oo per biweekly pay period (every two weeks). $ 357.5o per semimonthly pay period (twice a month). $ 715 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: // i2 Date of Order. -r@l, a ) BaF? DRO: R.J. Shadday Service Type M OMB NO.: 0970-0154 621107952 05-3650 CIVIL Q Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: WISER, DANIEL C. Employee/Obligor's Name (Last, First, MI) Oler, Form EN-028 WorkerlD $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If Nhecketi you are required to provide a copy of this form to your employee. If yorr employee works in a state that is di erent frrom the state that issued this order, a copy must be provided to your emp oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Repoiting, the PaydateA)ate of Withh old ing. )'on must report tim paydate'diate of nith ha Id ig Mien sending the pay ... ent. The payclateidate of ?ilhh-ldfi., ., h, I.- on which amount VVd5 withheld ho... I! .. ....... wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2322095330 EMPLOYEE'S/OBLIGOR'S NAME: WISER, DANIEL C. EMPLOYEE'S CASE IDENTIFIER: 1859101600 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I].Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 09700154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WISER, DANIEL C. PACSES Case Number 621107952 Plaintiff Name TERRIE A. WISER Docket Attachment Amount 2005-3650 CIV$ 715.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(reN's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(reN's Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No. 0970-0154 r ^' G ?7 1 , rn c r! ?J DANIEL C. WISER, Plaintiff/Respondent VS. TERRIE A. WISER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-3650 CIVIL TERM IN DIVORCE PACSES # 621107952 ORDER OF COURT AND NOW, this 7`n day of February, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1278.84 and Respondent's monthly net income/earning capacity is $4307.34 it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $715.00 per month payable monthly as follows: $643.00 for alimony pendente lite and $72.00 on arrears. First payment due next pay date. Arrears set at $1286.00 as of February 7, 2006. The effective date of the order is December 22, 2005. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Terrie A. Wiser. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order considers that the Respondent is paying on marital business debts in order to avoid foreclosure and liens on the parties' former business and business property. There is a $568.69 per month deviation from the guideline calculation for the same. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent DRO: R. J. Shadday ed?pj?s S05 Petitioner L? Respondent P. Richard Wagner, Esq. i Diane O. Radcliff, Esq. Respondent's Attorney BY THE COURT, J. W ey Oler, Jr., J. r? o i:J ti -r? -t -;-w r- c:? =' r;. 'a -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, NO. 05-3650 CIVIL TERM Plaintiff CIVIL ACTION-LAW V. IN DIVORCE TERRIE A. WISER, Defendant PACSES # 621107952 APPEAL OF APL ORDER AND REQUEST FOR HEARING DE NOVO DATE OF ORDER: February 7, 2006 AMOUNT OF ORDER: $715.00 SUPPORT FOR: Spouse, Terrie A. Wiser PARTY FILING APPEAL/DE NOVO HEARING REQUEST: Daniel C. Wiser WHEREFORE, Daniel C. Wiser requests this Honorable Court to hold a Hearing De Novo in the above captioned case and to enter an appropriate support order based on the facts of this case. SIGNATURE OF ATTORNEY/APPELLANT: DI L ESQUIRE 448 Trindle Road 1 1 Phone:(717)737 100 /Date: l v G -? ?? r_; c?,-? s In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TERRIE A. WISER ) Docket Number 2005-3650 CIV Plaintiff ) VS. ) PACSES Case Number 621107952 DANIEL C. WISER ) Defendant ) Other State ID Number ORDER OF COURT You, TERRIE A. WISER plaintiff/defendant of 314 N BALTIMORE AVE, MOUNT HOLLY SPRINGS, PA. 17065-1601-14 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MARCH 13, 2006 at 1:30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 WISER V. WISER PACSES Case Number: 621107952 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: } (, ?? U JUDGE Wesley Oler, Jr. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required 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 at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 ?: ? :.: ? ` In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TERRIE A. WISER ) Docket Number 2005-3650 CIV Plaintiff ) vs. ) PACSES Case Number 621107952 DANIEL C. WISER ) Defendant ) Other State ID Number You, DANIEL C. WISER plaintiff/defendant of 1100 GREENSPRING RD, NEWVILLE, PA. 17241-9691 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MARCH 13, 2006 ORDER OF COURT at 1:30PM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 WISER V. WISER PACSES Case Number: 621107952 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: I" P L 11 7 o o.(, I JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required 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 at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 BY THE COURT: DANIEL C. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRIE A. WISER, : PACSES NO. 621107952 Defendant/Petitioner: DOCKET NO. 2005-3650 CIVIL INTERIM ORDER OF COURT AND NOW, this -?L day of March, 2006, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: The interim order entered February 7, 2006 is affirmed as a final order. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. Cc: Terrie A. Wiser Daniel C. Wiser P. Richard Wagner, Esquire For the Defendant/ Petitioner Diane G. Radcliff, Esquire For the Plaintiff/ Respondent DRO C)E ? d By the Court, DANIEL C. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRIE A. WISER, : PACSES NO. 621107952 Defendant/Petitioner: DOCKET NO. 2005-3650 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on March 13, 2006, the following report and recommendation are made: FINDINGS OF FACT 1. The Petitioner, hereinafter referred to as "the Wife," is Terrie A. Wiser, who resides at 314 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania. 2. The Respondent, hereinafter referred to as "the Husband," is Daniel C. Wiser, who resides at 1100 Green Spring Road, Newville, Pennsylvania. 3. The parties were married on March 22, 1996. 4. The parties had resided together since 1981 and have two emancipated children. 5. The parties separated on June 24, 2005 when the Wife moved from the marital residence. 6. On July 19, 2005 the Husband filed a complaint in divorce. 7. On December 22, 2005 the Wife filed a petition for alimony pendente lite. 8. The Wife was a sole proprietor of a restaurant located at 399 Carlisle Road, Newville, Pennsylvania until September, 2005. 9. The business had an operating loss of $54,474.00 in tax year 2004. 10. The business was operating at a net loss in 2005 before closing. 11. The Wife had experience of a store manager for Marriott Corporation from 1993 through 1999. 12.The Wife's duties for Marriott were similar to her duties in operating her restaurant. EXHIBIT "A" 0?wl 13-The Wife earned approximately $32,000.00 in 1999. 14. The decision for the Wife to leave Marriott and open the restaurant was a joint decision between the parties. 15.The Wife did not apply for managerial positions after the restaurant closed. 16. The Wife applied for a retail sales position with Boscov's Department Store and a position in the deli department at Wal-Mart. 17. The Wife accepted part-time employment at Boscov's in late November, 2005 earning $7.25 per hour. 18. The Wife received an offer from Wal-Mart on or about January 3, 2006 at $9.00 per hour. 19. The Wife declined the Wal-Mart position because she had started at Boscov's. 20. The Wife currently works 30 to 35 hours per week at Boscov's. 21. The Wife field a Chapter 13 bankruptcy in January, 2006 which was not joined by the Husband. 22. The Wife is attending counseling sessions for stress one hour per week and takes prescribed medication. 23. The Wife resides with one of her emancipated children and shares living expenses. 24. The Wife has borrowed approximately $6,000.00 since the separation to help her defray her expenses. 25. The Husband is employed as an over-the-road truck driver. 26.The Husband earns $74,666.00 in 2005. 27.The Husband paid union dues of $643.00 in 2005. 28. The Husband provides health insurance coverage on himself and the Wife through his employment at no monetary cost. 29. The Husband continues to reside in the marital home and pays a monthly mortgage of $1,133.00 and annual taxes and insurance of $2,880.00. 2 30. The Husband pays $764.76 per month on a mortgage to M & T Bank encumbering the restaurant property and $689.50 per month as insurance payments on the restaurant. 31.The restaurant property is currently listed for sale. 32. The Husband has borrowed approximately $26,500.00 from family members to pay restaurant creditors but has no set repayment schedule. DISCUSSION Alimony pendente lite is alimony or maintenance during the pendency of a divorce proceeding so as to enable a dependent spouse to proceed with or defend against the action. Jayne v. Jayne, 663 A.2d 169 (Pa. Super. 1995). Factors to consider in determining the entitlement of a dependent spouse to an award of APL include the separate estate and income of the dependent spouse, the ability of the other party to pay, and the character, situation and surroundings of the parties. Littmans v. Littmans, 673 A.2d 382 (Pa. Super. 1996). If the claimant is found to be entitled to an award of APL, the amount of the award is calculated in accordance with the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Wife in this case clearly is the dependent spouse as her income is and has been significantly lower than the Husband's throughout the marriage. She has neither a separate estate nor income other than that which she currently earns. The Husband earns a substantial income as a truck driver and has the ability to pay some amount of alimony pendente lite. The issue is what effect, if any, his current payment towards joint debts has upon his ability to pay in this case. The Wife's actual earnings are approximately $254.00 per week as a sales clerk at Boscov's. She was offered a position at Wal-Mart earning $360.00 per week which she declined to accept. In determining a support obligation the focus is on the party's earning capacity, not on actual earnings. Strawn v. Strawn, 664 A.2d 129 (Pa. Super. 1995). A party's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition and training. Riley v. Foley, 783 A.2d 807 (Pa. Super. 2001). The Wife argues that her actual earnings should be utilized to calculate the Husband's alimony pendente lite obligation, while the Husband argues that an earning capacity of $32,000.00 per year should be imputed to her. In the opinion of this Master neither of these arguments is appropriate under the circumstances of this case. The Wife's actual earnings are those of an entry level sales clerk in a retail store. This is well below her demonstrated capabilities. However, imputing the salary she earned seven years ago in a managerial capacity is viewed as unrealistic in light of the Wife's current emotional condition. She is undergoing counseling and taking prescribed medication for stress. At present a managerial position may be detrimental to her well being. She has, however, been offered a position in the deli department at Wal-Mart at $360.00 per week which she refused. This figure is believed to be a realistic earning capacity for her and will be imputed as such. With a gross weekly earning capacity of $360.00, or $1,560.00 per month, and filing a married/separate federal tax return, the Wife would have a net monthly earning capacity of $1,279.00.' The Husband has average gross monthly income of $6,222.00. Filing his tax return as married/separate and deducting his union dues, he has net monthly income of $4,330.00.2 With the Wife having a net monthly earning capacity of $1,279.00 and the Husband having a net monthly income of $4,330.00, the Husband's obligation for alimony pendente lite calculated pursuant to the support guidelines is $1,221.00.3 A support order calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted by evidence that the guideline amount is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d 939 (Pa. Super. 1997). The Defendant is currently paying "unusual fixed obligations"4 of approximately $1,454.00 per month in the form of a mortgage payment and insurance premium on the restaurant property in order to prevent foreclosure pending the sale of the property. Deducting these expenses from his available income would result in a downward deviation in the alimony pendente lite obligation to $639.00 per month. Also considered in recommending this downward deviation is the fact that the Wife's current living expenses are being shared by an emancipated son residing with her. Because this amount differs only minimally from the $643.00 interim order entered on February 7, 2006, a recommendation is made that said interim order be affirmed as a final order. RECOMMENDATION The interim order entered February 7, 2006 is affirmed as a final order. V1D v? 7 . 2 1)" sk? Date Michael R. Rundle Support Master See Exhibit "A" for the deductions from gross income. z See Exhibit "A" for the deductions from gross income. s See Exhibit "B" for the calculation. ° See Pa. R.C.P. 1910.16-5(b)(1). 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail' Report Plaintiff Name: Terrie A. Wiser Defendant Name: Daniel C. Wiser Docket Number: 2005-3650 Civil PACSES Case Number: 621107952 Other State ID Number: Tax Year: Current: 2006 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Separately Married Filing Separately 3. Who Claims the Exem lions Obli gee 4. Number of Exemptions 1 1 5. Monthly Taxable Income $6,222.20 $1,560.00 6. Deductions Method 7. Deduction Amount $429.17 $429.17 8. Exem lion Amount $275.00 $275.00 9. Income MINUS Deductions and Exem ptions $5,518.03 $855.83 10. Tax on Income $1,103.55 $96.92 11. Child Tax Credit - 12. Manual Adjustments to Taxes 13. Federal Income Taxes $1,103.55 $96.92 13 a. Earned Income Credit - - 14 . State Income Taxes $196.62 $49.30 15 . FICA Payments $476.00 $119.34 16 . City Where Taxes Apply --Select-- 17 . Local Income Taxes $62.22 $15.60 TOTAL Taxes $1,838.39 $281.16 SupportCatc 2006 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Terrie A. Wiser Defendant Name: Daniel C. Wiser Docket Number: 2005-3650 Civil PACSES Case Number: 621107952 Other State ID Number: 1. Obligor's Monthly Net Income $4,330.21 2. Less All Other Support 3. Less Obligee's Monthly Net Income $1,278.84 4. Difference $3,051.37 5. Less Child Support Obligation for Current Case 6. Difference $3,051.37 7. Multiply b 30% or 40% 40.00% 8. Income Available for Spousal Support $1,220.55 9. Adjustment for Other Expenses 10 . AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,220.55 Prepared b : mrr Date: 3/17/2006 SupportCalc 2006 EXHIBIT "B" `- ?, {"?5 (% r ..?z .J ' C ? 5r, ?_> > ?' ??.1 d C ? ?') ?'1 ?? :4. DANIEL C. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRIE A. WISER, : PACSES NO. 621107952 Defendant/Petitioner: DOCKET NO. 2005-3650 CIVIL INDEX OF EXHIBITS Petitioner's 1 - 2004 joint tax return Petitioner's 2 - 2005 W-2 Petitioner's 3 - Current pay statement Petitioner's 4 -1099 Petitioner's 5 - Income and expense statement Petitioner's 6 - Bankruptcy filing Respondent's 1 - Income and expense statement Respondent's 2 - Earnings statement JPH04150 11/16,2005 11.50 AM Form 1040 Label L A (See B instructions E on page 16.) L Use the IRS label. LE Otherwise, please print or type. Presidential Election Campaign (See page 16.) 1 Filing Status 2 Check only 3 Department of the Treasury - Internal Revenue Service U S Individual Income T R t 2004 . . ax e urn 99 IRS Use Only -Do not write or staple in this space For the year Jan. 1-Dec. 31, 2004, or other tax year beginning 2004, endin 20 OMB No. 1545-0074 Your first name and initial Last name Your social security number DANIEL C WISER 186-50-4750 If a joint return, sp. first name 8 initial Last name Spouse's social security number TERRIE A WISER 186-50-0728 Home address (number and street). If you have a P.O. box, see page 16. Apt. no. - Important! A 1100 GREENSPRING ROAD You must enter City, town or post office, state, and ZIP code. If you have a foreign address, see page 16. your SSN(s) above. NEWVILLE PA 17241 ' Note. Checking "Yes" will not change your tax or reduce your refund. You Spouse Do you, or ourspouse if filing a joint return, want $3 to o to this fund? II, Yes X No Yes X No Single 4 Head of household (with qualifying person). (See page 17.) If the qualifying person is a child but not your dependent enfer Married filing jointly (even if only one had income) this child's name here. ? Married filing separately. Enter spouse's SSN above 5 Qualifying widow(er) with dependent child. (See page 17J Exemptions 6a b X X Yourself. If someone can claim you as a dependent, do not check box 6a S ouse Boxes checked 2 on 6a and 6b No. of children c Dependents: First name Last name (2) Dependent's social security number O 3 Dependent's relationship to you (4) Ck. if qual. child for child tax cr (see 16) on who: • lived with You - • did not live with you due to divorce or separation (see page 18) If more than ioir Dependents on dependents, see Sc not en- tered above page 18. Add numbers of Total number of exemptions claimed on lines 2 above lio 7 Wages, salaries. tips. etc. Attach Form(s) W-2 7 81, 7 0 9 Income 8a Taxable interest. Attach Schedule B if required 8a Attach Form(s) W-2 here. Also b 9a Tax-exempt interest. Do not include on line 8a Ordinary dividends. Attach Schedule B if required 8b 9a attach Forms W-2G and 1099-R if tax b 10 Qualified dividends (see page 20) Taxable refunds, credits, or offsets of state and local income 9b taxes (see page 20) 10 was withheld. 11 Alimony received 11 If did t 12 Business income or (loss). Attach Schedule C or C-EZ 12 -54, 4-74 you no get a W-2, 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here 11111 13 see page 19. 14 Other gains or (losses). Attach Form 4797 14 15a IRA distributions 150 b Taxable amount (see page 22) 15b ROLLOVER 16a Pensions and annuities 160 29, 793 b Taxable amount (see page 22) 16b 19, 993 Enclose, but do 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E 17 not attach, any nt Al 18 Farm income or (loss). Attach Schedule F ... ..... 18 payme . so, please use 19 Unemployment compensation 19 Form 10404. 20a Social security benefits 120a b Taxable amount (see page 24) 20b 21 Other income. List type and amt (see page 24) Prior Year NOL 21 -93 691 22 Add the amounts in the far right column for lines 7 throw h 21 This is our to tal income ? 22 -=} 6 4 6 3 23 Educator expenses (see page 26). 23 Adjusted 24 Certain business expenses of reservists, performing artists, and fee-basis overnment offi i l Att h F 2106 2 Z 24 Gross g c a s ac orm or 106-E 25 IRA deduction (see page 26) _ 25 Income 26 Student loan interest deduction (see page 28) 26 27 Tuition and fees deduction (see page 29) _ 28 Health savings account deduction. Attach Form 8889 27 28 P ETI TIONER'S 29 Moving expenses. Attach Form 3903 29 E XHIBIT 30 One-half of self-employment tax. Attach Schedule SE 30 31 Self-employed health insurance deduction (see page 30) _ 31 } -j.? j;'b VJ 32 Self-employed SEP, SIMPLE, and qualified plans 32 33 Penalty on early withdrawal of savings 33 34a Alimony paid h Recipient's SSN ? 34a 35 Add lines 23 throuqh 34a 35 36 Subtract line 35 from line 22. This is your adjusted gross income For Disclosure, Privacy Act, and Paperwork Reduction Act otig see page 75. DAA Cut NT •\MV7• OFY -46,403 Form 1040 (2004) JPH047 5 0 11116,2005 1150 AM Form 104o 2D0a' DAN IEL C & TERRIE A WISER 186-50- 4750 page : Tax and 37 Amount from line 36 (adjusted gross income) 37 -46, 463 Credits 38a Check You were born before January 2, 1940, Blind Total boxes { 8 if. Spouse was born before January 2, 1940, 8 Blind. checked ? 38a standard b If your spouse itemizes on a separate return or you were a dual-status alien, see page 31 and check here ? 386 Deduction f 39 Itemized deductions (from Schedule A) or your standard deduction (see left margin) 39 18, 382 or- P l h 40 Subtract line 39 from line 37 - - - - ' -' 40 -64, 845 eop e w o 41 If line 37 is $107,025 or less, multiply $3.100 by the total number of exemptions claimed on checked any line 6d If line 37 is over $107,025, see the worksheet on page 33 41 6,200 box on ox on line JBa or 38b or 42 Taxable income. Subtract line 41 from line 40. If line 41 is more than line 40, enter-0- 42 0 who can be 43 Tax (see page 33). Check if any tax is from. a ? Form(s) 8814 claimed as a dependent, 31 b ? Form 4972 ..... .. 43 0 see page . ,All others. 44 Alternative minimum tax (see page 35). Attach Form 6251 44 Single or 45 Add lines 43 and 44 ? 45 Marled filing separately, , 46 Foreign tax credit. Attach Form 1116 if required ...... .. . . .. 46 $4,850 47 . . .... Credit for child and dependent care expenses. Attach Form 2441 47 Married filing 48 Credit for the elderly or the disabled. Attach Schedule R --- 48 jointly or Qualifying 49 Education credits. Attach Form 8863 49 widow(er). 700 $9 50 Retirement savings contributions credit. Attach Form 8880 50 . 51 Child tax credit (see page 37) 51 household. 52 Adoption credit. Attach Form 8839 52 $7,150 53 Credits from. a ? Form 8396 b ? Form 8859 53 54 Other credits. Check applicable box(es): a o Form 3800 b ? Form 8801 c 11 Specify 54 55 Add lines 46 through 54. These are your total credits 55 56 Subtract line 55 from line 45. If line 55 is more than line 45, enter -0- ? 56 0 Other 57 Self-employment tax. Attach Schedule BE 57 Taxes 58 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 58 59 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required NO 59 1 999 60 Advance earned income credit payments from Form(s) W-2 60 61 Household employment taxes. Attach Schedule H 61 62 Add lines 56 - 61. This is your total tax ? 62 1 . 9 9 9 63 Federal income tax withheld from Forms W-2 and 1099 63 16, Pa meets 64 2004 estimated tax payments and amount applied from 2003 return 64 If you have a 65a Earned income credit (EIC) 65a qualifying b Nontaxable combat pay election ? child attach Schedule EIC. 66 Excess social security and tier 1 RRTA tax withheld (see page 54) 66 67 Additional child tax credit. Attach Form 8812 67 68 Amount paid with request for extension to file (see page 54) 68 69 Other pymt. [] 11 11 from a Form 2439 b Form 4136 c Form 8885 69 70 Add Ins 63, 64, 65a, 8 56 - 69 These are your total payments Refund 71 If line 70 is more than line 62, subtract line 62 from line 70. This is the a mount you overpaid Direct deposM1n 72a Amount of line 71 you want refunded to ou _ See page 54 ? b Routing number ? c Type : 11 Check ing Savings and fill in 72b , 72c, and 72d. ? d -' Account number 73 Amount of line 71 you want applied to your 2005 estimated tax ? 73 ? 70 71 ? 72a Amount 74 Amount you owe. Subtract line 70 from line 62. For details on how to pay, see page 55 ? 74 You Owe 75 Estimated lax penalty (see page 55) 75 16,066 14,067 Third Party Do you want to allow another person to discuss this return with the IRS (see page 56)? X Yes. Complete the foll No Designee Designee's Personal identification number (PIN) ? U name ? Preparer Ph ? Sign Under penalties of penury , 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 Dale Your occupation Daytime phone number see page 17 TRUCK DRIVER Keep a copy for your Spouse's signature. If a joint return, both must sign. Date Spouse's occupation records SELF EMPLOYED Paid ' Prearers 1 P / % ? Date signature ssh amp Preparer's SSN or PTIN Pre arer s P lo ed P00053977 Use Only Firm 'shorns 'or ; Kli le & Associates, P.C. EIN 20-3256991 yours dsef -emplom ,' 236 Sou Hanover Street Phone no address. and ZIP code Carlisle PA 17013 717-243-7743 DAA Form 1040 (2004) JPH04750 11/16/2005 11'.50 AM SCHEDULES A&B Schedule A-Itemized Deductions OMB No 1545-0074 (Form 1040) (Schedule 8 is on back) 2004 Department of the Treasury Internal Revenue Service (99) 111 Attach to Form 1040. ? See Instructions for Schedules A and B Form 1040. Attachment 07 Sequence No Name(s) shown on Form 1040 Your social security number DANIEL C & TERRIE A WISER 186-50-4750 Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see page A-2) 1 Dental 2 Enter amt. from Form 1040, line 37 2 Expenses 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): id a ?X Income taxes, or P 5 4 087 a b F] General sales taxes (see page A-2) 6 Real estate taxes (see page A-3) S 6 2 2 8 3 ( ee page A-2.) 7 Personal property taxes 7 8 Other taxes. List type and amount ? See Statement 1 8 80 9 Add lines 5 through 8 9 6 450 Interest 10 Home mortgage interest and points reported to you on Form 1098 10 8 153 You Paid 11 Home mortgage interest not reported to you on Form 1098 If paid (See to the person from whom you bought the home, see page A-4 and show that page A-3.) person's name, identifying no., and address ? Note. ... ... Personal 12 Points not reported to you on Form 1098. See page A-4 interest is not for special rules L deductible13 Investment interest. Attach Form 4952 if required(See page A-4.) 13 14 Add lines 10 through 13 14 8 153 Gifts to 15 Gifts by cash or check. If you made any gift of $250 or Charity more, see page A-4 15 If you made a 16 Other than by cash or check. If any gift of $250 or more, gift and got a see page A-4. You must attach Form 8283 if over $500 16 benefit for it, 17 Carryover from prior year 17 see page A-4. 18 Add lines 15 through 17 18 Casualty and Theft Losses 19 Casualty or theft loss(es). Attach Form 4684. (See page A-5.) 19 Job Expenses 20 Unreimbursed employee expenses-job travel, union and Most dues, job education, etc. Attach Form 2106 or 2106-EZ Other if required. (See page A-6J ? Miscellaneous -- Deductions Form 2106. Expenses 20 3 779 21 Tax preparation fees 21 22 Other expenses-investment, safe deposit box, etc. List (See type and amount ? page A-5.) ........................ 22 23 Add lines 20 through 22 23 3 7 79 24 Enter amt. from Form 1040, line 37 24 -46, 4631 25 Multiply line 24 by 2% (.02) 25 26 Subtract line 25 from line 23. If line 25 is more than line 23, enter -0- 26 3 7 7 9 Other 27 Other-from list on page A-6. List type and amount ? Miscellaneous Deductions 27 Total 28 Is Form 1040, line 37, over $142,700 (over $71,350 if married filing separately)? Itemized No. Your deduction is not limited. Add the amounts in the far right column Deductions for lines 4 through 27 Also, enter this amount on Form 1040, line 39. ? 28 1 8 38 2 Yes. Your deduction may be limited See page A-6 for the amount to enter. For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule A (Form 1040) 2004 FAA JPH04750 11/16/2005 11'.50 AM SCHEDULE C Profit or Loss From Business OMB No 1545-0074 (Form 1040) (Sole Proprietorship) 10' Partnerships, joint ventures, etc., must file Form 1065 or Form 1065-8. Department of 2U?4 the Treasury Internal Revenue Service Attachment ? Attach to Form 1040 or 1041. 10 See Instructions for Schedule C Form 1040. Sequence No 09 . Name of proprietor Social security number (SSN) TERRIE A WISER 186-50-0728 A Principal business or profession, including product or service (see page C-2 of the instructions) B Enter code from pages C-7, e, & 9 Restaurant ? 722110 C Business name. If no separate business name, leave blank. D Employer to number (EIN), if any Crossroads Restaurant 25-1869462 E Business address (including suite or room no.) ? 399 Carlisle Road .............................. .. City town or ost o ce, state, and ZIP code N ew V 211 e PA 17 2 41 F Accounting method: (1) X Cash (2) Accrual (3) Other(specify)? G Did you "materially participate" in the operation of this business during 2004? If "No," see page C-3 for limit on losses Yes E No Income red this business Burin 1 Gross receipts or sales. Caution. If this income was reported to you on Form W-2 and the "Statutory employee" box on that form was checked, see page C-3 and check here ? ? 1 4 7 S 2 0 8 2 Returns and allowances 2 3 Subtract line 2 from line 1 3 475, 208 4 Cost of goods sold (from line 42 on page 2) 4 181 074 5 Gross profit. Subtract line 4 from line 3 5 294, 134 6 Otherincome, including Federal and slate gasoline or fuel tax credit or refund (see page C-3) 6 7 Gross income. Add lines 5 and 6 ? 7 294, 134 Part It Expenses. Enter expenses for business use of our home only on line 30. 8 Advertising 8 978 19 Pension and profit-sharing plans 19 9 Car and truck expenses (see page C-3) 9 2 150 20 Rent or lease (see page C-5)'. a vehicles, machinery, and equipment 20a 1 265 10 Commissions and fees 10 to Other business property 20b 11 Contract labor (see page C-4) 11 21 Repairs and maintenance 21 13, 609 12 Depletion 12 22 Supplies (not included in Part III) 22 - 22, 178 13 Depreciation and section 179 23 Taxes and licenses 23 3 730 expense deduction (not included in Part III) (see 24 Travel, meals, and entertainment. a Travel _ 24a page C-4) 13 15, 436 b Meals and 14 Employee benefit programs entertainment (other than on line 19) 14 c Enter nondeduct- 15 Insurance (other than health) _ 15 7 9 ible amount m- cluded on line 24b 16 Interest) (see page C-5) a Mortgage (paid to banks, etc.) 16a 6 908 d Subtract line 24c from line 241b 24d b Other 16b 12, 858 25 Utilities 25 21 857 17 Legal and professional 26 Wages (less employment credits) 26 238, 594 services 17 1 145 27 Other expenses (from line 48 on 18 Office ex ense 18 page 2 27 28 Total expenses before expenses for business use of home. Add lines 8 through 27 in columns ? 28 348, 608 29 Tentative profit (loss). Subtract line 28 from line 7 29 - 5 4 474 0 Expenses for business use of your home. Attach Form 8829 30 11 Net profit or (loss). Subtract line 30 from line 29. 0 If a profit. enter on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see page C-6). Estates and trusts, enter on Form 1041, line 3. 31 - 5 4 3 4 7 4 • If a loss, you must go to line 32. J 32 If you have a loss, check the box that describes your investment in this activity (see page C-6). 0 if you checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2 32a X All investment is at nsk. (statutory employees, see page C-6). Estates and trusts, enter on Form 1041. line 3. 32b 8 some investments not 0 If you checked 32b you must attach Form 6198 at riak For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule C (Form 1040) 2004 DAA JPH04750 11/16/2005 11 50 AM TERRIE' A WISER urant 186-50-0728 2 Part III Cost of Goods Sold (see page C-6) 33 Method(s) used to value closing inventory : a FXJ Cost b [:] Lower of cost or market c ? Other (attach explanation) 34 Was there any change in determining quantities, costs, or valuations between opening and closing inventory? If "Yes," attach explanation F1 Yes ?X No 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation 1 35 I 22, 110 36 Purchases less cost of items withdrawn for personal use I 36 I 167, 614 37 Cost of labor. Do not include any amounts paid to yourself 38 Materials and supplies 39 Other costs 40 Add lines 35 through 39 .................................... .. . 41 Inventory at end of year ...................................... .... 42 Cost of goods sold. Subtract line 41 from line 40 Enter the result here and on page 1 line 4 42 I 181, 074 Part, IV Information on Your Vehicle. Complete this part only if you are claiming car Or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 on page C-4 to find out if you must file Form 4562 43 When did you place your vehicle in service for business purposes? (month, day, year)? 44 Of the total number of miles you drove your vehicle during 2004, enter the number of miles you used your vehicle for a Business b Commuting c Other 45 Do you (or your spouse) have another vehicle available for personal use? Yes No 46 Was your vehicle available for personal use during off duty hours? Yes No 47a Do you have evidence to support your deduction? Yes No b If "Yes," is the evidence written? Yes No Part VOther Expenses. List below business expenses not included on lines 8-26 or line in 48 Total other expenses Enter here and on page 1 line 27 I 48 AAA Schedule C (Form 1040) 2004 JPH04750 11/1612005 11'.50 AM Form 2106 of Employee Business Expenses ? See separate instructions. No. 1545-0139 2004 Your name Occupation in which you incurred expenses Social security number DANIEL C WISER L H TRUCK DRIVER 186-50-4750 Part 1 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) 6 Total expenses. In Column A, add lines i through 4 and enter the result. In Column B, enter the amount7? rm line 5 5I I 1 6 I 9091. I f).7,,o 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 7 Step 3 Figure Expenses To Deduct on Schedule A (Form 1040) 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 6 909 5 740 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 70% (.70) instead of 50%. For details, see instructions.) 9 9 0 9 2, 870 10 Add the amounts on line 9 of both columns and enter the total here. Also, enter the total on Schedule A (Form 1040), line 20. (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 ? 10 3 779 For Paperwork Reduction Act Notice, see instructions. Form 2106 (2004) DAA JPH04750 11/16/2005 11.50 AM Form 4562 Depreciation and Amortization (Including Information on Listed Property) ? See separate instructions. ? Attach to vour tax return OMB 2004 Name(s) shown on return Identifying number DANIEL C & TERRIE A WISER 1£36-50-4750 Business or activity to which this form relates Restaurant Part I Election To Expense Certain Property Under Section 179 Note: If you have an listed property, complete Part V before you complete Part I. 1 Maximum amount. See page 2 of the instructions for a higher limit for certain businesses 1 102,000 ............................. 2 Total cost of section 179 property placed in service (see page 3 of the instructions) 2 3 Threshold cost of section 179 property before reduction in limitation 3 410, 000 4 Reduction in limitation. Subtract line 3 from line 2. If zero or less, enter -0- 4 5 Dollar limitation for tax year. Subtract line 4 from line 1. If zero or less, enter -0- If married filino seoarately see bade 3 of the instructions 5 a Description of property Cost business use only) c Elected cost 6 7 Listed property. Enter the amount from line 29 7 8 Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7 8 ... ....................... ..... 9 Tentative deduction. Enter the smaller of line 5 or line 8 9 10 Carryover of disallowed deduction from line 13 of your 2003 Form 4562 10 11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 (see instructions) 11 12 Section 179 expense Jcduction. Add lines 9 and 10. but do not enter more than line 11 12- 13 Carryover of disallowed deduction to 2005. Add lines 9 and 10, less line 12 ? 13 Note: Do not use Part II or Part III below for listed property. Instead use Part V. Part 11 Special Depreciation Allowance and Other Depreciation Do not include listed ro ert. 14 Special depreciation allowance for qualified prop. (other than listed prop.) placed in service during the tax year (see pg. 3 of the instructions) 14 15 Properly subject to section 168(f)(1) election (see page 4 of the instructions) 15 16 Other depreciation (including ACRS see page 4 of the instructions 16 Part III MACRS Depreciation (Do not include listed property.) (See page 5 of the instructions ) Section A 17 MACRS deductions for assets placed in service in tax years beginning before 2004 17 15, 148 18 If you are electing under section 168(1)(4) to group any assets placed in service during the tax year r1 into one or more general asset accounts check here ? .Section o-nS Sers raced in bervice During 21)(14 tax Yea1 Usln the G eneral Deprecia tion S Stem (a) Classification of property (b) Month and year placed in service (c) Basis for depreciation (business/investment use only-see instructions (d) Recovery period (e) Convention (f) Method (g) Depreciation reduction 19a 3-year property a 15-year property In Residential rental 27.5 rs. MM S/L property 27.5 rs. MM S/L i Nonresidential real 39 rs. MM S/L property MM S/L Section C-Assets Placed in Service During 2004 Tax Year Ilelnn the Altnrnotivn non.o.laH?o ¢-f- 20a Class life S/L b 12-year 12 yrs. I I S/L c 40-year 40 yrs. I MM S/I cart IV summa see page 6 of the instructions) 21 Listed property. Enter amount from line 28 21 2 8 8 22 Total. Add amounts from line 12, lines 14 through 17 lines 19 and 20 in column (g), and line 21. Enter here and on the appropriate lines of your return. Partnerships and S corporations-see instr. 22 15 436 23 For assets shown above and placed in service during the current year, enter the portion of the basis attributable to section 263A costs 23 - For Paperwork Reduction Act Notice, see separate instructions. Form 4562 (2004) DAA JPH04750 11/16/2005 1150 AM DANIFL'C & TERRIE A WISER 186-50-4750 Part tV,. Listed Property (Include automobiles, certain other vehicles, cellular telephones, certain computers, and property used for entertainment, recreation, or amusement.) Note: For any vehicle for which you are using the standard mileage rate or deducting lease expense, complete only 24a, 24b, columns (a) through (c) of Section A, all of Section B, and Section C if applicable. Section A-De reciation and Other Information Caution: See page 9 of the instructions for limits for passenger automobiles. 24a Do You have evidence to sucoort the business/investment a daini X Yes Nn 94h If "Vac c the avidanro wriftan9 X Vue M_ (a) (b) (c) Idl (e) (0 (g) (h) 111 Type of prop. Date placed in Business/ investment Cost or other Basis for depreciation Recovery Method/ Depreciation Elected list vehicles ( service use basis he period Convention deduction section 179 first) percentage use only) cost 25 Special depreciation allowance for qualified listed property placed in service during the tax year and used more than 50% in a qualified business use (see page 8 of the instructions) 25 26 Property used more than 50% in a qualified business use (see cane 8 of the instructinnsl 86 VA 8/21/00 100.00% 2,300 2,500 5.0 20ODBH 288 of the % S/L- I Add amounts in column (h), lines 25 through 27. Enter here and on line 21, page 1 28 288 29 Add amounts in c::Ljmn fi), line 26. Enter here and on line 7, page 1 29 Section B-Information on Use of Vehicles Complete this section for vehicles used by a sole proprietor, partner, or other "more than 5% owner," or related person. If you provided vehicles to your employees. first answer the questions in Section C to see if you meet an exception to completing this section for those vehicles. 30 Total business/investment miles driven during the year (do not include commuting (a) Vehicle 1 (b) Vehicle 2 (c) Vehicle 3 (d) Vehicle 4 (e) Vehicle 5 (f) Vehicle 6 miles-See page 2 of the instructions) 6 4 0 0 31 Total commuting miles driven during the year 32 Total other personal (noncommuting) miles driven 33 Total miles driven during the year. Add lines 30 through 32 6 400 34 Was the vehicle available for personal Yes No Yes No Yes No Yes No Yes No Yes No use during off-duty hours? X 35 Was the vehicle used primarily by a more than 5% owner or related person? .. X 36 Is another vehicle available for personal use? X Section C-Questions for Employers Who Provide Vehicles for Use by Their Employees Answer these questions to determine if you meet an exception to completing Section B for vehicles used by employees who are not more than 5% owners or related persons (see page 10 of the instructions). 37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, by your employees? 38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees? See page 10 of the instructions for vehicles used by corporate officers, directors, or 1 % or more owners 39 Do you treat all use of vehicles by employees as personal use? 40 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the vehicles, and retain the information received? 41 Do you meet the requirements concerning qualified automobile demonstration use? (See page 10 of the instructions.) Note: If your answer to 37. 38, 39, 40, or 41 is 'Yes," do not complete Section B for the covered vehicles. No Part VI Amortization le) (a) (b) (c) lot Amortization (q Date amon¢ahon Amortizable Code period or Amortization for Description of costs begins amount section t this year that 43 Amortization of costs that began before your 2004 lax year 43 I 0 44 Total. Add amounts in column (1) See page 12 of the instructions for where to report I 44 DAA Form 4562 (2004) JPH04750 WISER, DANIEL C & TERRIE A 186-50-4750 Federal Statements Statement 1 - Schedule A. Line 8 - Other Taxes Description Amount 11/16/2005 11:50 AM OPT $ 10 PUC 70 Total $ 80 Year Ending: December 31, 2004 186-50-4750 DANIEL C & TERRIE A WISER 1100 GREENSPRING ROAD NEWVILLE, PA 17241 NOL Carryback Election Under IRC Section 172(b)(3), the taxpayer elects to relinquish the entire carryback period with respect to the net operating loss incurred during the current tax year. JPH04750 WISER, DANIEL C & TERRIE A 11/16/2005 11:50 AM 186-50-4750 Federal Statements L H TRUCK DRIVER Form 2106, Line 4 - Business Expenses Not Included on Lines 1 through 3 Description Truck Supplies Teamsters Union Dues Total Amount 225 684 909 ? 1l ` rmz iU y ry,3o?a om?nE? mn+C J [?] N t*1 S Z U) m ro a ? ? L)r',? ?00 M,- ? 0 0 2 ?< iu m m n' c C Z v vm -{ ? m H Z to m 3 w 3 xr ?roY3 mI¢ D?t?o °DHOh?nWU H ul a D A` H m A N N n U) 1v H P 1= C Y,? ?3 N v Y xm - A yro o mtD n D U) N a ^ f m D .zcim c m z `i ? n I n I i o E lai "-f u p 5 O O 5 ? I?' _ nl = -I - N - z ? Im i z m I I I C) r--4" - i i I - - Ic ?= Imp ? °? ?; +J ?m je =1?m - im b III ?r m III - IJ C Zi ? £I I r? a e m fN i omR No. I545OM8 1.. Wages rp lb penaan°n ,. COPY B - 1089. 69 ' Feee,ai coma rai wnhhed To Be Flietl With a s°`a'a°`°r rr wagea 90.78 Employee's 1089.69 ' so°al ee""t'ne thmeld FEDERAL s meecar?wag?sandnps 67.56 Tax Return a n+edmare m, wnnhele e Empioyafa name, address. and ZIR peel 1089.69 15.80 BOSCOVS DEPT STORE LLC 4500 PERKIOMEN AVE `x •• , may,.:: READING PA 19606 j a s Seem' ae°any nps 1 a Aem.haa rlpa s ndwanee EC Cayman, • 00 00 m Dependent taro pane.+ n ruonnaannee plans . 00 a Other .00 .00 - e Employeh Employe"mn?lElp 23-3039789 ' ? tl EmrAOyre apo-spa 186-50-072a <; - __JI a Employee's name atltlress, [ £ i• r TERRIE A Wl 314 N BALTI s> MT. HOLLY S 15 Slate Empl° b PA 6-39270 19 local wages, tqs, etc 1 1089.69 The ",nmr."ne urea 1. ue ?s hemg Form y? Imemal Rerenue Semme. peel. °I the Treasury -IRS % co 00 00 00 AVE S PA 17065 are wages, has etc. V Slate income tai 1089.69 33.45 as te. 20 L°caiiry name 17.39 CAMP HILL Y Y PLEASE FOLD AND DETACH ALONG THIS PERFORATION CHECK NUNMER 0003562851 EMPLOYEE NAME - SOCIAL PERIOD SECURITY ENDING TERRIER WISER - - - ;"-x._0728 02/25/06 HOUR LYRATEOR SALARY FEDERALTAX DATE: STATUS DEPARTMENT PAID N 5000 0421 03/02/06 N ET PAY $"**177.19 L EARNINGS REGULAR CURRENT .;CURRENT YEpR TO DATE T YEAR TO DATE - TAXES AND DB?UCTIONCURRENT YEARTO DATE. :HOURS EARNINGS HOURS EARNINGS _ DEDUCTIONS DEDUCTIONS.' 30.87 - 223.81 240.72 1745 FEDERAL TAX 18.85 _ 139.45 MEDICARE - 3.25 25.31 - - - OASDI CAMP HILL T 13 88 - 108.21 AX 3 57 27 84 PA STATE TAX . _ 6.87 153.58 I PA SUI/SDI TAX .2U lA/ i CH EMS E ?± _ _ - --- - -- - - -? 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If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home bcv,? r Mortgage/Rent $ $,3ZS Z.r $ \(a Maintenance Utilities Electric $ $ $ Gas betMCA Oil -z-o C) +00 Telephone Water Sewer Employment Public Transport. $ $ $ Lunch Taxes Real estate $ $ $ Personal Property Insurance Homeowner's $ $ $ Automobile 'A S Life Accident Health Other Automobile Payments $ $ $ Fuel 7-4 0 Repairs Medical Doctor $ $ $ Dentist Orthodontist Hospital Medicine -Spiec-ig needs (glasses, braces, orthopedic devices EXPENSES (Fitt in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ $ Food ZL( Barber/ Hairdresser '4 Credit Payments Credit Card Charge Memberships Loans Credit Union $ $ $ r WeAif, F 3 (14 5U 00 Miscellaneous Household Help $ $ $ Child care Papers/books Ma a Ines Entertatrancra Pay TV Vacation Gifts Legal fees _ Charitable C u '. 6 they Child S Alimony Payments Other Total WEEK MONTH YEAR b ??t h Ex erases: $ $ 5 3 $ Z\ 39 I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. • Date Service Type 3-0 6" Plaintiff or Defendant Page 3 of 3 Form IN-008 Worker ID United States Bankruptcy Court Middle District of Pennsylvania IN RE: Case No. 1-06-00029 Wiser. Terrie A. Chapter 13 Debtor( s) CHAPTER 13 PLAN ®Original DAmended Date: January 31, 2006. YOUR RIGHTS WILL BE AFFECTED. You should read these papers carefully and discuss them with your attorney. Anyone who wishes to oppose any provision of this plan or any motion included below must file a timely written objection. This plan may be confirmed and the motions included below may be granted without further notice or hearing unless written objection is filed before the deadline stated on the separate Notice you should have received from the bankruptcy court. If you have a secured claim, this is notice that your lien may be voided or modified if you do not object to this plan. THIS PLAN DOES NOT ALLOW CLAIMS. You must file a proof of claim to be paid under any plan that may be confirmed. 1. PAYMENT AND LENGTH OF PLAN (a) Debtor shall pay $ OQO per month to the Chapter 13 Trustee starting for approximately 0 months. ® Debtor will pay directly to the trustee ? A payroll deduction order will issue to the Debtor's employer: (b) Joint Debtor shall pay $ per to the Chapter 13 Trustee starting for approximately _ months. D Joint Debtor will pay directly to the trustee D A payroll deduction order will issue to the Joint Debtor's employer: (c) Other payments to trustee: Net proceeds from sale of two parcels of real estate less debtor's exemption (d) Total amount to be paid to Trustee shall be not less than $ 21.725.00. 2. PRIORITY CLAIMS (INCLUDING ADMINISTRATIVE EXPENSES AND SUPPORT) All allowed priority claims will be paid in full unless creditor agrees otherwise: Creditor Internal Revenue Service Lawrence G. Frank, Esquire Pennsylvania Department Of Labor & Indus Type of Priority Taxes Attorney fee Taxes Scheduled Amount 10,000.00 2,500.00 8,000.00 3. SECURED CLAIMS: MOTIONS TO VALUE COLLATERAL AND VOID LIENS UNDER 11 U S C § 506 (a) Debtor moves to value collateral as indicated in the "value" column immediately below. Trustee shall pay allowed secured claims the value indicated or the amount of the claim, whichever is less. The portion of any allowed claim that exceeds the value indicated shalt be treated as an unsecured claim. Debtor moves to void the lien of any creditor with "NO VALUE" specified below. Interest Creditor Collateral Scheduled Debt Value Rate Monthly Payment None (b) Debtor surrenders or abandons the following collateral. Upon confirmation, the stay is lifted as to surrendered or abandoned collateral. Creditor None Collateral to be Surrendered or Abandoned 4. UNSECURED CLAIMS (a) Not Separately Classified. Allowed non-priority unsecured claims shall be paid: D Not less than $ to be distributed pro rata. D Not less than ! percent. 0 Other: Pro rata depending upon net sale proceeds . PETITIONER'S EXHIBIT (b) Separately Classified Unsecured Claims Creditor None Basis for Classification Treatment Amount 5. CURING DEFAULT AND MAINTAINING PAYMENTS (a) Trustee shall pay allowed claims for arrearages, and Trustee shall pay regular postpetition contract payments to these creditors: Estimated Interest Rate Monthlyfvrearage RegularMonthly Creditor Collateral or Type of Debt Arrearage (arrearage) Payment Payment None (b) Trustee shall pay allowed claims for arrearages, and Debtor shall pay regular postpetition contract payments directly to these creditors: Estimated Interest Rate Monthly Arrearage Regular Monthly Creditor Collateral or Type of Debt Atrearage (arrearage) Payment Payment None 6. EXECUTORY CONTRACTS AND UNEXPIRED LEASES Executory contracts and unexpired leases are assumed or rejected as follows: Creditor/Lessor Suburban Propane Ettline Foods Corporation Pepsi Property Description Gas Bottles. Lease of Coffee Machine Soda Fountain Assume/Reject Reject Reject Reject 7. OTHER PLAN PROVISIONS AND MOTIONS (a) Motion to Avoid Liens under 11 U.S.C. § 522(n. Debtor moves to avoid the following liens that impair exemptions: Creditor Collateral Amount of Lien to be Avoided None (b) Lien Retention. Except as provided above in Section 5, allowed secured claim holders retain liens until: ? Liens are released at discharge. ® Liens are released upon payment of allowed secured claim as provided above in Section 3. ? Liens are released upon completion of all payments under the plan. (c) (d) Payment Notices. Creditors and lessors provided for above in Sections 5 or 6 may continue to mail customary notices or coupons to the Debtor or Trustee notwithstanding the automatic stay. (e) Order of Distribution. Trustee shall pay allowed claims in the following order: Trustee Commissions Other Administrative Claims Priority Claims Secured Claims General Unsecured Claims 1. Balance of attorney's fees in the amount of $2,500.00 to Lawrence G. Frank, Esquire to be paid directly by the Debtor or, in the absence of payment at the time of the sale of the residence or restaurant, payment in full at that time. 2. The Crossroads Restaurant and Bake Shop to be sold following court approval, following notice to creditors and other parties in interest and opportunity for higher bids. 3. Prior residence at 1100 Green Spring Road, Newville, PA, to be sold following notice to creditors and other parties in interest, and opportunity for higher bids. 4. From sale proceeds resulting from sale of the above two parcels of real estate, and restaurant equipment, all trust fund taxes and unemployment compensation taxes for which the Debtor is personally liable to be paid in full through payments to the Trustee. Vesting of Property of the Estate. Property of the estate shall revest in Debtor: ® Upon confirmation ? Upon discharge ? Other: 5. Debtor to receive her 522(d)(1) exemption in the approximate amount of $19,425.00 out of the proceeds from the sale of the aforementioned restaurant and former residence. w 6. Following payment of the above, balance of the proceeds from the sale of the aforementioned restaurant and residence is to be distributed, pro rata, to the holders of general unsecured claims. Dated: January 26. 2006 i Signature f Attorney Signature of Debtor Signature of Spouse (if applicable) United States Bankruptcy Court Middle District of Pennsylvania IN RE: Case No. 1-06-00029 Wiser Terris A. Chapter 13 Debtor(s) SUMMARY OF SCHEDULES Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B, D, E, F,1, and I in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor's assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor's liabilities. Individual debtors must also complete the "Statistical Summary of Certain Liabilities." AMOUNTS SCHEDULED NAME OF SCHEDULE ATTACHED NUMBER OF (YESINO) SHEETS ASSETS LIABILITIES OTHER A - Real Property Yes 1 $ 675,000.00 B - Personal Property Yes 2 $ 8,500.00 C - Property Claimed as Exempt Yes 1 D - Creditors Holding Secured Claims Yes 1 $ 277,000.00 E - Creditors Holding Unsecured Priority Y 2 $ 18 000 00 Claims es , . F- Creditors Holding Unsecured Y 6 $ 63 285 08 Nonpriority Claims es , . G - Executory Contracts and Unexpired Yes 1 Leases H - Codebtors Yes 1 I- Current Income of Individual Debtor(s) Yes 1 $ 454.31 J- Current Expenditures of Individual Debtor(s) Yes 1 $ 920.00 0 i3 0 LL m 8 LL N TOTAL 17 $ 683,500.00 $ 358,285.08 SUMMARY OF SCHEDULES United States Bankruptcy Court Middle District of Pennsylvania IN RE Case No. 1-06-00029 Wiser Terrie A. Chapter Debtor(s) STATISTICAL SUMMARY OF CERTAIN LIABILITIES (28 U.S.C. § 159) [Individual Debtors Only] Summarize the following types of liabilities, as reported in the Schedules, and total them. Type of Liability Amount Domestic Support Obligations (from Schedule E) Taxes and Certain Other Debts Owed to Governmental Units (from Schedule E) 18,000.00 Claims for Death or Personal Injury While Debtor was Intoxicated (from Schedule E) Student Loan Obligations (from Schedule F) Domestic Support, Separation Agreement, and Divorce Decree Obligations Not Reported on Schedule E Obligations to Pension or Profit-Sharing, and Other Similar Obligations (from Schedule F) TOTAL 18,000.00 STATISTICAL SUMMARY OF CERTAIN LIABILITIES (28 U.S.C. § 159) IN RE Wiser Terris A. Case No. 1-06-00029 Debtor(s) SCHEDULE A - REAL PROPERTY Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a cotenant , community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for the debtor's own benefit. If the debtor is married, state whether husband, wife, or both own the property by placing an "H" for Husband, "W" for Wife, "J" for Joint or "C" for Community in the column labeled "HWJC." If the debtor holds no interest in real property, write "None" under "Description and Location of Property." Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity claims to hold a secured interest in the property, write "None" in the column labeled "Amount of Secured Claim." If the debtor is an individual or if ajoint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt. DESCRIPTION AND LOCATION Of PROPERTY NATURE OF DEBTOR'S INTERESTINPROPERTY H w 7 C CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY WITHOUT DEDUCTING ANY SECURED CLAM OR EXEMPTION AMOUNT OF SECURED CLAIM 1100 Green Spring Road J 150,000.00 0.00 NewAlle, PA 17241 Crossroads Restaurant and Bakeshop & Equipment at 399 J 525,000.00 277,000.00 Carlisle Road, Newville, PA 17055 (SEE EXHIBIT "A" ATTACHED) TOTAL 675,000.00 (Report also on Summary of Schedules) SCHEDULE A - REAL PROPERTY ?; gx -: LIST OF CROSSROADS EQUIPTMENT 1. FISH TANK STAND AND ALL EQUIPTMENT 2. 16 BOOTHS 3. 34 TABLES; 4. 60 + CHAIRS AND 3 HIGH CHAIRS 5. 12FOOT WAITING BENCH 6. BIRCH DIVIDER WITH FLOWERS 7. 4 BUS CARTS 9. LIGHTED SALAD BAR PLUS 30 FOOD HOLDERS 10. 5 COAT RACKS 11 BOASTER CHAIRS 12. TRAY STANDS 13. TRASH CANS LARGE AND SMALL 14. DINING ROOM CLOCK 15. LIGHTED MENU SIGN 16. MENU HOLDER 17. ROOM DIVIDER-PULL CURTAIN CLOSE FOR PRIVATE PARTIES 18. STANDING ASH TRAY 19.DISH BUS BOXES (NUMEROUS) 20. 8 HANGING PLANTS 21. SEATING SIGN 22. 150+ CUPS 23.120+ LARGE & SMALL GLASSES 24.200 + GALSSES WATER AND SMALL DRINK 25.20 BANANA SPLIT DISHES 26. 50 SMALL 25 LARGE SUNDAE DISHES 27.2 ROYAL 816NX REGISTETRS 28. WARING COMMERCIAL BLENDER 3 HEAD 29. SUNDAE BAR HEAD WITH DISPENSERS 30. HOT FUDGE HEATER 31.2 CALCULATORS 32. SILVER WARE ENOUGH FOR SEATING CAPACITY 33. 15 WAITRESS SERVING TRAYS 2 WAITRESS STANDS 34. 5 SYRUP DISPENSERS 35. NAPKINS HOLDERS SALT & PEPPER SHAKERS 36. PLATES SALAD BOWLS CHINA ENOUGH FOR SEATING CAPACITY "7. UPRIGHT FREEZER V138 l loo STEAM TABLE 39.3 TOSTERS 40.2 2POSMON DEEP FRYERS a?41. NEW LARGE CAPACITY GAS FRYER ? a°O -42. VOLCAN BROILER 4,ooo 3 STAINLESS STEEL TABLES / 4.5 FOOT GRILL \, ooo V45.16 HOLE SANDWICK BAR AND REFERGERATOR 47.2 SEPARATE PLATE WARMING STATIONS 48. 5 ELECTRIC SKILIETTS 49. CAKE PANS ALL SIZES 50. 5 FREE STANDING FANS A 1. 5 TRAY CARTS X152.3 %z ( LLON MAER 'DO 53. 5 BU8-';cARTS 54. METAL 4 SHELF STAND 55. 5 LARGE CAPACITY STORAGE BINS (FLOUR ETC.) 56. NUMEROUS TABLES 7. HOBART 60 QUART MIXER I o, 000 8. GAS DONUT FRYER ?, o o o a? 59. 6 BURNER SOUTH BEND STOVE WITH LARGE OVEN 00 x-60.3 TOASTMASTERS STACK OVENS asoo 61. PROOFER WARMER °1 62. 35 METAL TRAYS 64. POTS AND PANS ALL SIZES 65. METAL MEASURING CONTAINERS 1 PINT TO A GALLON 66. NUMEROUS SERVING SPOONS AND LADELS 67. NUMEROUS SPATULAS AND DIPPERS 68. STEAM TABLE SERVING PANS ALL SIZES A7 A9. DISH WASHER STAND TABLES AND TRAYS 0. HOB ART UPRIGHT FREEZER AND REFERGERATOR 4,000 71. NUMEROUS STORAGE CONTAINERS 72. 50 PLUS SERVING TRAYS /'3. CHEST FREEZER 5 OD V 74. ICE MACHINE NEW 800 LB CAPACITY 900 . CATERING EQUIPTMBNT (ENOUGH FOR PARTIES OF 500 PLUS) ' ? o O /v?6. DODGE CATERING VAN 2, Soo 77. ELECTRIC POTATOE PEELER HOBART SLICER 3, a c 0 79. WALK IN FREEZER AND REFERGATOR (NEW) ? (?, 000 ? 80. COMMERCIAL SAFE 1,,S UCH 81. FILE CABINETS 82. CARPET SWEEPERS INCLUDES NEW COMMERCIAL ELECTRUX „x`83. NEW FIRE SUSPRESSION SYSTEM L4,600 84. NEW BLINDS & CURTAINS IN RE Wiser, Terrie A. Case No. 1-06-00029 Debtor(s) SCHEDULE B - PERSONAL PROPERTY Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the categories, place an "x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the category. If the debtor is married, state whether husband, wife, or both own the property by placing an "H" for Husband, "W" for Wife, "J" for Joint, or "C" for Community in the column labeled "HWJC." If the debtor is an individual or ajoint petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt. Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. If the property is being held for the debtor by someone else, state that person's name and address under "Description and Location of Property." In providing the information requested in this schedule, do not include the name or address of a minor child. Simply state "a minor child." o` N 0 LL N m IV TYPE OF PROPERTY N 0 N E DESCRIPTION AND LOCATION OF PROPERTY IT w I C CURRENT VALUE OF DESTOR'S INTEREST IN PROPERTY WITHOUT DEDUCTPNG ANY SECURED CLAIM OR EXEMPTION I. Cash on hand. X 2. Checking, savings or other financial X accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. 3. Security deposits with public utilities, X telephone companies, landlords, and others. 4. Household goods and furnishings, Livingroom Suite, Diningroom Suite, Bedroom Suite, kitchen J 6,000.00 include audio, video, and computer table and chairs, pots, pans, dishes, linens, utensils, equipment. miscellaneous household goods and wall hangings. 5. Books, pictures and other an objects, X antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. 6. Wearing apparel. Clothing 1,000.00 7. Furs and Jewelry. X 8. Firearms and sports, photographic, X and other hobby equipment. 9. Interest in insurance policies. Name X insurance company of each policy and itemize surrender or refund value of each. 10. Annuities. Itemize and name each X issue. 11. Interests in an education IRA as X defined in 26 US C. § 530(b)(1) or under a qualified State tuition plan as defined in 26 US C. § 529(b)(1). Give particulars. (File separately the record(s) of any such interest(3). 11 U.S.C. § 521(c); Rule 1007(b)). 12. Interests in IRA, ERISA, Keogh, or X other pension or profit sharing plans. Itemize. 13. Stock and interests in incorporated X and unincorporated businesses. Itemize. 14. Interests in partnerships or joint X ventures. Itemize. 15. Government and corporate bonds and X other negotiable and non-negotiable instruments. 16. Accounts receivable. Ex-employee accounts receivable owing to business. 500.00. i SCHEDULE B- PERSONAL PROPERTY IN RE Wiser Terrie A. Case No. 1-06-00029 Debtor(s) SCHEDULE B - PERSONAL PROPERTY (Continuation Sheet) TYPE OF PROPERTY N O N E DESCRIPTION A'I) LOCATION OF PROPERTY H W 1 C CURRENT VALUE OF DEBTORS INTEREST IN PROPERTY WTTHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION 17. Alimony, maintenance, support, and X property settlements in which the debtor is or may be entitled. Give particulars. 18. Other liquidated debts owing debtor X including tax refunds. Give particulars. 19. Equitable or future interest, life X estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule of Real Property. 20. Contingent and noncontingent X interests in estate of a decedent, death benefit plan, life insurance policy, or trust. 21. Other contingent and unliquidated Pending equitable distribution claim for part of husband's unknown claims ofevery nature, including tax pension that Debtor is proposing to use to help fund her refunds, counterclaims of the debtor, retirement. and rights to setoff claims. Give estimated value of each. 22. Patents, copyrights, and other X Intellectual property. Give particulars. 23. Licenses, franchises, and other X general intangibles. Give particulars. 24. Customer lists or other compilations X containing personally identifiable information (as defined in 11 U.S.C. § 101(41A)) in customer lists or similar compilations provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. 25. Automobiles, trucks, trailers, and 1994 Jeep Cherokee Grand Laredo. 1,000.00 other vehicles and accessories. 26. Boats, motors, and accessories. X 27. Aircraft and accessories. X 28. Office equipment, furnishings, and X supplies. 29. Machinery, fixtures, equipment, and X supplies used in business. 30. luventom X 31. Animals. X 32. Crops - growing or harvested. Give X particulars. 33. Farming equipment and implements. X 34. Farm supplies, chemicals, and feed. X 35. Other personal property of any kind X not already listed. Itemize. TOTAL 6,500.00 (Include amounts from any continuation sheets attached. 0 continuation sheets attached Report total also on Summary of Schedules.) SCHEDULE 5 - PERSONAL PROPERTY IN RE Wiser Terris A. Case No. 1-06_00029 Debtor(s) SCHEDULE C - PROPERTY CLAIMED AS EXEMPT Debtor elects the exemptions to which debtor is entitled under: (Check onebox) 1 U.S.C. § 522rox2) ? I1 U.S.C. § 522(6)(3) s 0 N 6 d R LL N W N Q ? Check if debtor claims a homestead exemption that exceeds $125,000. DESCRIPTION OF PROPERTY SPECIFY LAW PROVIDING EACH EXEMPTION OF VALUE CLAIMED EXERTION CURRENT VALUE PROPEIITY ODEDUCTING WITHOUTTLT EXERTIONS TIONS SCHEDULE A - REAL PROPERTY 1100 Green Spring Road 11 USC § 522(d)(1) 18,700.00 150,000.00 Newville, PA 17241 SCHEDULE B- PERSONAL PROPERTY Livingroom Suite, Diningroom Suite, 11 USC § 522(d)(3) 6,000.00 6,000.00 Bedroom Suite, kitchen table and chairs, pots, pans, dishes, linens, utensils, miscellaneous household goods and wall hangings. Clothing 11 USC § 522(d)(3) 1,000.00 1,000.00 Ex-employee accounts receivable owing to 11 USC § 522(d)(5) 500.00 500.00 business. 1994 Jeep Cherokee Grand Laredo. 11 USC § 522(d)(2) 1,000.00 1,000.00 Pending equitable distribution 11 USC Section 522(d)(10) & Unknown Unknown claim for part of husband's (d)(12) pension that Debtor is proposing to use to help fund her retirement. SCHEDULE C - PROPERTY CLAIMED AS EXEMPT IN RE Wiser Terrie A. Case No. 1-06-00029 Debtor(s) SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS State the time, mailing address, including zip code, and last four digits of any account number, of all entities holding claims secured by property of the debtor as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and other security interests. List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, indicate that by stating "a minor child." and do not disclose the child's name. See I1 U.S.C. § 112; Fed. R. Banla. P. 1007(m). If all secured creditors will not fit on this page, use the continuation sheet provided. If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebans. If ajoint petition is filed, state whether husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "HWJC." If the claim is contingent place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed" (You may need to place an °X" in more than one of these three columns.) Report the total of all claims listed on this schedule in the box labeled "Total" on the last sheet of the completed Schedule, Report this total also on the Summary of Schedules. O Check this box if debtor has no creditors holding secured claims to report on this Schedule D. U C N WOUNT OF CLAIM C O L D WITHOUT DEDUCTING O N I I VALUE OF COLLATERAL CREDITOR'S NAME, MAILING ADDRESS D E H W DATE CLAIM WAS INCURRED, T I Q U S P . . .... INCLLm1NGZIPCODE, AND ACCOUNT NUMBER. NATURE OF LIEN, AND DESCRIPTION AND VALUE OF ... „ ...... ........ ........ (see innruaions ebow_) T C PROPERTY SUBJECT TO LIEN G D T O E A E UNSECURED PORTION, IF R N T D ANY T E D Account No. First Mortgage on residence: 1100 Green Home's Mortgage Company Spring Road, Newville, PA 0.00 Value$ 150,000.00 Account No. First Mortgage M&T Bank 50,000:00 Value$ 525,000.00 Account No. Second Mortgage Nina Chapman 227,000.00 ................................. Value$ 525,000.00 Account No. ................................. Value $ Subtotal 0 continuation sheets attached (Total of this page) 277,000.00 (Use only on last page of the completed Schedule D) TOTAL 277,000.00 c O v 0 LL P m 8 R N (Report total also an Summary of Schedules) SCHEDULE D -CREDITORS HOLDING SECURED CLAIMS IN RE Wiser Terrie A. Case No. 1-06-00029 Debtor(s) SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS A complete list of claims entitled to priority, listed separately by type of priority, is to be set forth on the sheets provided. Only holders of unsecured claims entitled to priority should be listed in this schedule. In the boxes provided on the attached sheets, state the name, mailing address, including zip code, and last four digits of the account number, if any, of all entities holding priority claims against the debtor or the property of the debtor, as of the date of the filing of the petition. Uses separate continuation sheet for each type of priority and label each with the type of priority. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be pro tried if the debtor chooses to do so. If a minor child is a creditor, indicate that by stating "a minor child" and do not disclose the child's name. See i 1 U.S.C. § 112; Fed.R.Bankr.P. 1007(m). If any entity other than a spouse in a joint case maybe jointly Iiable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H-Codebtors. If a joint petition is filed, state whether husband, wife, both of them or the marital community maybe liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "HWJC." If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.) Report the total of claims listed on each sheet in the box labeled "Subtotal" on each sheet. Report the total of all claims listed on this Schedule E in the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules. Report the total of amounts entitled to priority listed on each sheet in the box labeled "Subtotal" on each sheet. Report the total of all amounts entitled to priority, listed on this Schedule E in the box labeled "Total" on the last sheet of the completed schedule. If applicable, also report this total on the Means Test form. ? Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E. TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets) 0 E °o a ti N m ? Domestic Support Obligations Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11 U.S.C. § 507(a)(1). ? Extensions of credit in an involuntary case Claims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief. 11 U.S.C. § 507(a)(3). ? Wages, salaries, and commissions Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales representatives up to $10,000* per person earned within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in I 1 U.S.C. § 507(a)(4). ? Contributions to employee benefit plans Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(5), ? Certain farmers and fishermen Claims of certain farmers and fishermen, up to $4,925* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6). ? Deposits by individuals Claims of individuals up to $2,225* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. § 507(a)(7). [J? Taxes and Other Certain Debts Owed to Governmental Units Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in I1 U.S.C. § 507(a)(8). ? Commitments to Maintain the Capital of an Insured Depository Institution Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. I I U.S.C. § 507 (a)(9). ? Claims for Death or Personal Injury While Debtor Was Intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. I I U.S.C. § 507(a)(10). * Amounts are subject to adjustment on April 1, 2007, and every three years thereafter with respect to cases commenced on or after the date of adjustment. -_I continuation sheets attached SCHEDULE E - CREDITORS MOLDING UNSECURED PRIORITY CLAIMS IN RL' Wiser, Terrie A. Case No. 1-06.00029_ Debtor(s) SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS (Continuation Sheet) Taxes and Other Certain Debts Owed to Governmental Units (Tpe ofPnonty) U C C 0 N L D TOTAL AMOUNT O N I 1 OF CLAIM CREDITORS NAME, MAILING ADDRESS AND ACCOUNT NUMEER NCLUDING ZIP CODE D E H W DATE CLAIM WAS LNCURRED T 1 Q U S P ................................. , (See inswaions) B ] AND CONSIDERATION FOR CLAIM N I U i C G D T 0 E A E AMOLIENTITLED R N T D TO PRIORITY T E D Account No. Trust Fund Taxes from Crossroads Internal Revenue Service Restaurant Special Procedures Branch 10,000.00 ................................. PO Box 12051 Room 6404 Philadelphia, PA 19105 10,000.00 Account No. Unemployment Compensation Taxes for the Pennsylvania Department Of Labor & Indus Crossroads Restaurant Bureau Of Compliance 81000.00 ................................. 1301 L&I Bldg., 7th & Forster Streets Harrisburg, PA 17120 8,000.00 Account No. Account No. ................................. Account No. ................................. Account No. Subtotal Sheet no. 1 of 1 sheets attached to Schedule of Creditors (Total of this page) 18,000.00 Holding Priority Claims (Use only on last page of the completed Schedule E) TOTAL 18,000.00 0 d m S ii N O N a (Report total also on Summary of Schedules) SCHEDULE E -CREDITORS HOLDING UNSECURED PRIORITY CLAIMS IN RE Debtor(s) Case No. 1-06-00029 SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS State the name, mailing address, including zip code, and last four digits of any account number, of all entities holding unsecured claims without priority against the debtor or the property of the debtor, as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. If a minor child is a creditor, indicate that by stating "a minor child" and do not disclose fire child's name. See I 1 U.S.C. § 112; Fed.R.Bankr.P. 1007(m). Do not include claims listed in Schedules D and E. If all creditors will not fit on this page, use the continuation sheet provided. If any entity other than a spouse in a joint case maybe jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether husband, wife, both of them, or the marital community maybe liable on each claim by placing an "H," "W," `7," or "C" in the column labeled "Husband, Wife, Joint, or Community," If the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an "X" in more than one of these three columns.) Report the total of all claims listed on this schedule in the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules. ? Check this box if debtor has no creditors holding unsecured nonpriority claims to report on this Schedule F. U C N C 0 L D 0 N 1 I CREDITOR'S NAME MAILWG ADDRESS INCLUDING ZIP CODE, AND ACCOUNT NUMBER D E a H W t DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. lF CLAIM IS SUBIECT TO SETOFF SO STATE. T I N Q U I S P U AMOUNT OF CLAIM (SCe immxxioos abowJ T C , G D T O E A E R N T D T E D Account No. 2054300902 Utility Services to 399 Carlisle/Crossroads Adams Electric Cooperative, Inc. Restaurant 1338 Bigiersville Road PO Box 3605 Gettysburg, PA 17325-0605 4,515.35 Account No. 030 125 9920 001 Telephone Service - Crossroads Restaurant At&T PO Box 9001309 Louisville, KY 40290-1309 156.31 Amou tNo. Invoice 015010 424607 Business Debt. Butter Krust - Harrisburg 1901 N. Cameron Street Harrisburg, PA 17103 104.63 Account No. 9306634 Emergency Room Visit 3/21/05 $2,975.62 Carlisle Regional Medical Center. X-Rays 4118105 258.23 PO Box 4100 Caldsle, PA 17013 3,233.85 Account No. Assignee or other notification for: Allied Interstate Carlisle Regional Medical Center. 80D Interchange West 435 Ford Road Minneapolis, MN 55426-1096 Subtotal continuation sheets attached (Total of this page) 8,010.14 (Use only on last page of the completed Schedule F) TOTAL (Report total also on Summary of Schedules) SCHEDULE F -CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS IN RE Wiser, Terris A. Case No. 1-06-00029 Debtor(s) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) U C N C 0 L D 0 N I I CREDITOR'S NAME, MAILING ADDRESS NCLUDING Z@ CODE, AND ACCOUNT NUMBER D E B H W I DATE CLAIM WAS NCURRED AND CONSIDERATION FOR CLAIM. T CLAIM IS S=CT TO SETOFF SO STATE. T I N Q U I S P U AMOUIT OF CLAIM (See inswnimisJ T C , G D T 0 E A E R N T D T F. D AccountNo. ANTHONY GUARRACINO DO Emergency Visit (Stroup) Central Penn Medical Group Emergency PO Box 619 East Petersburg, PA 17520-0619 260.00 Account No. W10015 Dental Services. Charles L. Stoup, Jr., DDS 820 Belvedere Street Carlisle, PA 17013 1,848.00 Account No. Assignee or other notification for: Commercial Acceptance Company Charles L. Stoup, Jr., DDS PO Box 6316 Harrisburg, PA 17112 Account No. Docket No. NT-0002944.05 Restitution. Commonwealth Of Pennsylvania C/0 Susan K. Day, District Justice 229 Mill Street, Box 167 Mt. Holly Springs, PA 17065 9,757.89 Account No. 6011-0029-8853-0905 Credit Card. Discover Card PO Box 15251 Wilmington, DE 19886-5251 2,686.58 Account No. 44901 Dental/Oral Surgeon Services. Drs. Currie & Hecht Oral & Maxillofacial, P.C. 338 Alexander Spring Rd.; Suite B Carlisle, PA 17013 860.00 Account No. Crossroads Restaurant & Bake Shop - Ecolab Business Debt. PO Box 905327 Charlotte, NC 26290-5327 686.20 Subtotal Sheet no. of..... 5 sheets attached to Schedule of (Total of this page) 16,298.67 Creditors Holding Unsecured Nonpriority Claims (Complete only on last sheet of Schedule F) TOTAL a e m 0 m m 0 a (Report total also on Summary of Schedules) SCHEDULE F , CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS IN RE Wiser Terrie A. Case No. 1-06-00029 Debtor(s) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) U C N C O L D 0 N I I CREDITOR'S NAME, MAILING ADDRESS WCLUO[NG ZIP CODE, AN9 ACCOUNT NCRNHER D E S H W 1 DATE CLAIM WAS WCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUBJECTTO SETOFF 50 STATE_ T I N Q U I S P U AMOUI.'T OF CLAIM (See inmrvuions) T C , G D T O E A E R N T D T E D Account No. Ref. No. Q441850341 Claim no. 262231806.18 Erie Insurance Exchange C/O Dunsdemand 55 Shuman Road, PO Box 3100 Naperville, IL 60566-7099 799.00 Account No. L34535 Business Services Rendered to Crossroads Fire Protection And Safety Equipment Co. Restaurant. 801 State Street Lemoyne, PA 17043 221.03 Account No. Judgement - Lease Agreement. First Lease, Inc. 185 Commerce Drive Unit 102 Fort Washington, PA 19034 15,046.80 Account No. Fry's Farm Fresh Eggs 304 Old Stone House Road Carlisle, PA 17013 0.00 AccountNo. Crossroads Restaurant Professional Services Rendered. Groff's Septic & Portable Toilet Service 99 Ickes Lane Newville, PA 17241 560.00 Account No. Guard Insurance Group PO Box 41688 Philadelphia, PA 19101.1688 0.00 Account No. Docket No. CV-0000161-05 Judgment - Crossroads Restaurant. Johnnies Restaurant & Hotel Services 2406 Molly Pitcher Hwy. S. Chambersburg, PA 17201 6,286.86 Subtotal Sheet no. _____2. of 6 sheets attached to Schedule of (Total of this page) 22,913.69 Creditors Holding Unsecured Nonpriority Claims (Complete only on last sheet of Schedule F) TOTAL 0 E a LL P LL N w N (Report total also on Summary of Schedules) SCHEDULE F -CREDITORS HOLDING UNSECURED NONPRIORITV CLMMS IN RE Wiser, Terris A. V _ Case No. 1-06-00029 Debtor(s) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) u C N C 0 L D O N I I CREDITOR'S NAME, MAILING ADDRESS INCLUDING Z? CODE, AND ACCOt1NT NUMBER D E E H W I DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS SUIIECT TO SETOFF, 50 STATE. T I N Q u I 5 P U AMOUNT OF CLAM (SedmstrummnsJ T C G D T 0 E A E R N T D T E D Account No. Assignee or other notification for: Kelly Rock, District Justice Johnnies Restaurant & Hotel Services 2038-B Lincoln Way East Chambersburg, PA 17201 Account No. 1000142727 Medical Services. Lehigh Anesthesia Assoc., PC 5000 Tilghman Street, Ste. 240 Allentown, PA 18104.9121 360.00 Account No. NEWV-779 Ambulance Services. Newville Community Abulance C/O C.A.C. PO Box 6316 Harrisburg, PA 17112 505.00 Account No. Docket No. CV-0000140.05 Judgment - Crossroads Restaurant. North Mountain Butcher Shop G.Finkenbinder 4722 Enola Road Newville, PA 17241 2,062.49 Account No. Assignee or other notification for: Vacant MDJ 09.3-02 North Mountain Butcher Shop PO Box 155 27 W. Big Spring Ave. Newville, PA 17241 Account No. 118233057 Omnium Worldwide, Inc. 7171 Mercy Road Omaha, NE 68106 163.29 Account No. CROSS Icecream Products provided to Crossroads Rakestraw's Ice Cream, Inc. Restaurant. 17 E. Coover Street Mechancisburg, PA 17055 2,181.95 Subtotal Sheet no. i_$ of5 sheets attached to Schedule of (Total of this page) 5,292.73 Creditors Holding Unsecured Nonpriority Claims (Complete only on last sheet of Schedule F) TOTAL 0 3 N E m 0 N w m O (Report total also on Summary of Schedules) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITV CLAIMS IN RE Wiser, Terrie A. Case No. 1-06.00029 Debtor(s) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) U C N C 0 L D 0 N I I CREDITOR'S NAME, MAILING ADDRESS EJCLUDMG Z? CODE, AND ACCOUNT NUhIDER D E E H W I DATE CLAIsl WAS INCURRED AND CONSIDERATION FOR CLAIM. IF CLAIM IS 51-111ECT TO SETOFF, SO STATE- T I N Q U I 5 P U AMOUNT of CLAA1 (Sx lnstmcrcionc) T C G D T O E A E R N T D E P Account No, 7177765901170 Sprint LTD. Receivables Performance Management LLC PO Box 768 Bothell, WA 98041-0768 407.07 Account No. Assignee or other notification for: Receivables Performance Management LLC Sprint LTD PO Box 96064 Charlotte, NC 28296-0064 Account No. School Loans SallieMae PO Box 9500 Wilkes Barre, PA 17241 8,272.39 Account No. 0280398600 Energy Services - Crossroads Restaurant Suburban Energy Services 530 E. North Street Carlisle, PA 17013 832.56 Account No. 632474 Pest Control Services -Crossroads Terminix Restaurant 5040 Louise Drive #108 Mechanicsburg, PA 17055 83.90 Account No. CROSSROADS RESTAURANT Business Services Rendered to Crossroads Wenrich's Refrigeration, Inc. Restaurant. 7830 Witmer Drive Harrisburg, PA 17111 881.59 Account No. 0390119 Waste Services - Crossroads Restaurant. WSI - Mid Atlantic Region Harrisburg Hauling Division PO Box 136 Hopewell, PA 16650 292.34 Subtotal Sheet no. _-__-A of5 sheets attached to Schedule of (Total of this page) 10,769.85 Creditors Holding Unsecured Nonpriority Claims (Complete only on last sheet of Schedule F) TOTAL 0 3 y E a P N tP 8 w N w m (Report total also on Summary of Schedules) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS IN RE Wiser Terrie A. Case No. 1-06-00029 ____ Debtor(s) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) U C N C 0 L D 0 N I I CREDITOR'S NAME, MAE.ING ADDRESS INCLUDING Z@ CODE, AND ACCOUNT NUMBER (SU inmmcuous.) D E B T H W I C DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM IF CLAIM is SUBIECT TO SETOFF, SO STATE. T 1 N G Q U 1 D S P U T A*AOUNT OF CLAIM 0 E A E R N T D T E D Account No. Assignee or other notification for: North East Waste Services WSJ - Mid Atlantic Region PO Box 843061 Boston, MA 02284.3061 Account No. Account No. Account No. Account No. Account No. Account No. Subtotal Sheet no. of_------ , sheets attached to Schedule of (Total of this page) Creditors Holding Unsecured Nonpriority Claims (Complete only on last sheet of Schedule F) TOTAL 63,285.08 c O `m 3 N O LL P 8 V N W O (Report total also on Summary of Schedules) SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS IN RE Wiser Terris A. Case No. 1-06-00029 Debtor(s) SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES Describe all executorycontracts of any nature and all unexpired leases of real or personal property. Include any timeshare interests. State nature ofdebtor's interest in contract, i.e., "Purchaser," "Agent," etc. State whether debtor is the lessor or lessee of a lease. Provide the names and complete mailing addresses of all other parties to each lease or contract described, if a minor child is a party to one of the leases or contracts, indicate that by stating "a minor child" and do not disclose the child's name. See 11 U.S.C. § 112; Fed.R. Banly. P. 1007(m). ? Check this box if debtor has no executory contracts or unexpired leases. NAME AND MAILNG ADDRESS, P4CLUDNGZIP CODE OF OTHER PARTIES TO LEASE OR CONTRACT DESCRIPTION OF CONTRACT OR LEASE AND NATURE OF DEBTOR'S NTEREST. STATE WHETHER LEASE IS FOR NONRESIDENTIAL REAL PROPERTY. STATE CONTRACT NUMBER OF ANY GOVERNMENT CONTRACT. Suburban Propane Gas Bottles. Ettline Foods Corporation Lease of Coffee Machine CIO Yoffee & Yoffee, PC 214 Senate Ave., Suite 203 Camp Hill, PA 17011 Pepsi Soda Fountain I I 0 v N E 0 e m g W c LL N w SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES IN RE Wiser Terrie A. Case No. 1-06-00029 Debtor(s) SCHEDULE H - CODEBTORS Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts listed by debtor in the schedules of creditors. Include all guarantors and co-signers. If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within the eight yearperiod immediately preceding the commencement of the case, identify the name of the debtor's spouse and of any former spouse who resides or resided with the debtor in the community property state, commonwealth, or territory. Include all names used by the nondebtor spouse during the eight years immediately preceding the commencement of this case. If a minor child is a codebtor or a creditor, indicate that by stating "a minor child" and do not disclose the child's name. See 11 U.S.C. ¢ 112; Fed. Bankr. P. 1007(m). [Check this box if debtor has no codebtors. NAx[E AND ADDRESS OF CODEBTOR NAME AND ADDRESS OF CREDITOR SCHEDULE H - CODEBTORS IN RE Wiser, Terris A. Case No. 1.06-00029 Debtor(s) SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S) The column labeled "Spouse" must be completed in all cases filed by joint debtors and by a married debtor in a chapter 7, 11, 12, or 13 case whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed. Do not state the name of any minor child. Debtor's Marital Status DEPENDENTS OF DEBTOR AND SPOUSE Separated RELATIONSHIP AGE EMPLOYMENT: DEBTOR SPOUSE Occupation Sales Clerk Name of Employer Boscov's Department Store How long employed 2 MOs. Address of Employer Camp Hill, PA INCOME: (Estimate of average monthly income) DEBTOR SPOUSE 1. Current monthly gross wages, salary, and commissions (pro rate if not paid monthly) $ 557.05 S 2. Estimated monthly overtime $ $ 3. SUBTOTAL $ 557.05 $ 0.00 4. LESS PAYROLL DEDUCTIONS a. Payroll taxes and Social Security S- 102.22 $ _ bAnsurance $ $ - c. Union dues d. Other (specify) PA SUI/SDI $ 0.52 $ 5. SUBTOTAL OF PAYROLL DEDUCTIONS $ _ 102.74 $ 0.00 6. TOTAL NET MONTHLY TAKE HOME PAY 454.31 $ 0.00 7. Regular income from operation of business or profession or farm (attach detailed statement) 8. Income from real property 9. Interest and dividends 10. Alimony, maintenance or support payments payable to the debtor for the debtor's use or that of dependents listed above 11. Social Security or other government assistance (Specify) 12. Pension or retirement income 13. Other monthly income (Specify) 14. SUBTOTAL OF INCOME REPORTED ON LINES 7 THROUGH 13 $ 0.00 15. TOTAL MONTHLY INCOME (Add amounts shown on Lines 6 through 14.) $ , 454.31 $ 0.00 16. TOTAL COMBINED MONTHLY INCOME $ 454.31 (Report also on Summary of Schedules) 17. Describe any increase or decrease in income reasonably anticipated to occur within the year following the filing of this document: SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S) IN RE Wiser Terrie A. Case No. 1-06-00029 Debtor(s) SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) Complete this schedule by estimating the average monthly expenses of the debtor and the debtor's family. Pro rate any payments made bi-weekly, quarterly, semi-annually, or annually to show monthly rate. ? Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of expenditures labeled "Spouse." 1. Rent or home mortgage payment (include lot rented for mobile home) a. Are real estate taxes included? Yes_ No b. Is property insurance included? Yes _ No 2. Utilities: a. Electricity and heating fuel b. Water and sewer c. Telephone d. Other 3. Home maintenance (repairs and upkeep) 4. Food 5. Clothing 6. Laundry and dry cleaning 7. Medical and dental expenses 8. Transportation (not including car payments) 9. Recreation, clubs and entertainment, newspapers, magazines, etc. 10. Charitable contributions 11. Insurance (not deducted from wages or included in home mortgage payments) a. Homeowner's or renter's b. Life c. Health d. Auto e. Other 12. Taxes (not deducted from wages or included in home mortgage payments) (Specify) 13. Installment payments (in chapter 11, 12 and 13 cases, do not list payments to be included in the plan) a. Auto b. Other c. Other 14. Alimony, maintenance, and support paid to others 15. Payments for support of additional dependents not living at your home 16. Regular expenses from operation of business, profession, or farm (attach detailed statement) 17. Other 18. TOTAL MONTHLY EXPENSES (Report also on Summary of Schedules) 19. Describe any increase or decrease in expenditures anticipated to occur within the year following the filing of this document: 20. STATEMENT OF MONTHLY NET INCOME a. Total monthly income from Line 16 of Schedule I b. Total monthly expenses from Line 18 above c. Monthly net income (a. minus b.) $ 325.00 $ 12000 $ 65.00 $ 270.00 $ 40.00 $ 100.00 $ $ $ 920.00 $ 454.31 $ 920.00 $ 465.69 SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) IN RE Wiser, Terrie A. Case No. 1-06-00029 Debtor(s) DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 18 sheets, and that (Tote) shoum on summery page plus 1) they are true and correct to the best of my knowledge, information, and belief. Date: January 26 2006 Signature: C>, Date: Signature: (loin Debmr, if any) [If joint case, both spouses must sign.] DECLARATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER (See 1 I U.S.C. § 110) I declare under penalty of perjury that (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 110(b), 1 10(h), and 342 (b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice ofthe maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required by that section. 0 to E LL a m re o N W fg Printed or Typed Name and Title, if any, of Bankruptcy Petition Preparer Social Security No. (Required by I 1 U.S.C. § 110.) If the bankruptcy petition preparer is not an individual, state the name, title (if any), address, and social security number of the officer, principal, responsible person, or partner who signs the document. Address Signature of Bankruptcy Petition Preparer Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document, unless the bankruptcy petition preparer is not an individual: If more than one person prepared this document, attach additional signed sheets conforming to the appropriate Official Form for each person. 0 .4 bankruptcy petition preparer's failure to comply with the provision of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both. 11 US. C. § 110; 18 US C. § 156 DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF CORPORATION OR PARTNERSHIP 1, the (the president or other officer or an authorized agent of the corporation or a member or an authorized agent of the partnership) of the (corporation or partnership) named as debtor in this case, declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of sheets, and that they are true and correct to the best of my knowledge, information, and belief, (Total shown on summary page plus 1) Date: (Prim or type name offndividual signing on behalf of debtor) [An individual signing on behalf of a partnership or corporation must indicate position or relationship to debtor.] Penalty for making a false statement or concealing property. Fine orup to $500.000 or imprisonment for up to 5 years or both. 18 U.S.C. §§ 152 and 3571. Signature: DECLARATION CONCERNING DEBTOR'S SCHEDULES United States Bankruptcy Court Middle District of Pennsylvania IN RE: Case No. 1-06-00029 Wiser, Terrie A Chapter 13 Debtor(s) STATEMENT OF FINANCIAL AFFAIRS This statement is to be completed by every debtor. Spouses filing ajoint petition may file a single statement on which the information for both spouses is combined. Ifthe case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed. An individual debtor engaged in business as a sole proprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all such activities as well as the individual's personal affairs. Do not include the name or address of a minor child in this statement. Indicate payments, transfers and the like to minor children by stating "a minor child." See 11 U.S.C. § 112; Fed. R. Bankr. P. 1007(m). Questions 1 - 18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete Questions 19 - 25. If the answer to an applicable question is "None," mark the box labeled "None." If additional space is needed for the answer to any question, use and attach a separate sheet properly identified with the case name, case number (if ]mown), and the number of the question. DEFINITIONS "In business." A debtor is "in business" for the purpose of this form if the debtor is a corporation or partnership. An individual debtor is "in business" for the purpose of this form if the debtor is or has been, within six years immediately preceding the filing of this bankruptcy case, any of the following: an officer, director, managing executive, OT owner of 5 percent or more of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or self-employed full-time or part-time. An individual debtor also may be "in business" for the purpose of this form ifthe debtor engages in atrade, business, or otheT activity, other than as an employee, to supplement income from the debtor's primary employment. "Insider." The term "insider" includes but is not limited to: relatives of the debtor; general partners of the debtor and their relatives; corporations of which the debtor is an officer, director, or person in Control; officers, directors, and any owner of 5 percent or more of the voting or equity securities of a corporate debtor and their relatives; affiliates of the debtor and insiders of such affiliates; any managing agent of the debtor. 11 U.S.C. § 101. 1. Income from employment or operation of business State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT SOURCE 0.00 Income from Employment 2002, 2003 and 2004 $0.00. 1,089.69 Income from Employment 2005 2. Income other than from employment or operation of business N""' State the amount of income received by the debtor other than from employment, trade, profession, operation of the debtor's business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not ajoint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT SOURCE 31,000.00 Cashed-in 401 K. Took the sum of $31,000.00 over last two years for living expenses. 3. Payments to creditors Complete a. or b., as appropriate, and e a. Individual or joint debtor(s) with prinurrily consumer debts: List all payments on loans, installment purchases of goods or services, and other debts to any creditor made within 90 days immediately preceding the commencement of this case if the aggregate value of all property that constitutes or is affected by such transfer is not less than $600. Indicate with an asterisk(*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and creditor counseling agency. (_Married debtors filing under chapter 12 or chapter I3 must inetude payments by either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT AMOUNT NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS PAID STILL OWING STATEMENT OF FINANCIAL AFFAIRS None. 0.00 0.00 None b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately ? preceding the commencement of the case if the aggregate value of all property that constitutes or is affected by such transfer is not less than $5,000. (Married debtors filing under chapter 12 or chapter 13 must include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and ajoint petition is not filed.) AMOUNT PAID OR VALUE OF AMOUNT NAME AND ADDRESS OF CREDITOR DATE OF PAYMENTS/TRANSFERS TRANSFERS STILL OWING None. 0.00 0.00 None c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors ? who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and ajoint petition is not filed.) NAME AND ADDRESS OF CREDITOR AND AMOUNT AMOUNT RELATIONSHIP TO DEBTOR DATE OF PAYMENT PAID STILL OWING None. 0.00 0.00 4. Suits and administrative proceedings, executions, garnishments and attachments None a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of this ? bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.) CAPTION OF SUIT AND CASE NUMBER Commonwealth of PA v. Debtor 0 N N E m 8 LL N W O Johnnies Restuarantv. Debtor NATURE OF PROCEEDING Civil Suit Civil Suit North Mountain Butcher Shop v. Civil Suit Debtor COURT OR AGENCY STATUS OR AND LOCATION DISPOSITION Mr. Holly Springs, PA - Magisterial Dist. No. 09-3-03 Chambersburg, PA Magisterial District 39-3-07 Newville PA Magisterial District 09-3-02 None b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding ? the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF PERSON FOR WHOSE DESCRIPTION AND VALUE BENEFIT PROPERTY WAS SEIZED DATE OF SEIZURE OF PROPERTY None. 5. Repossessions, foreclosures and returns None List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to ? the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and a joint petition is not filed.) 0 DATE OF REPOSSESSION, FORECLOSURE SALE, DESCRIPTION AND VALUE NAME ANA ADDRESS OF CREDITOR OR SELLER TRANSFER OR RETURN OF PROPERTY None. 6. Assignments and receiverships None a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. ? (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and joint petition is not filed.) TERMS OF ASSIGNMENT NAME AND ADDRESS OF ASSIGNEE DATE OF ASSIGNMENT OR SETTLEMENT None. None b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the ? commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND LOCATION OF COURT DESCRIPTION AND NAME AND ADDRESS OF CUSTODIAN CASE TITLE & NUMBER DATE OF ORDER VALUE OF PROPERTY STATEMENT OF FINANCIAL AFFAIRS None. 7. Gifts N- List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual ? gifts to family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.) NAME AND ADDRESS OF PERSON RELATIONSHIP TO DESCRIPTION AND OR ORGANIZATION DEBTOR, IF ANY DATE OF GIFT VALUE OF GIFT None. 8. Losses N°°° List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since the ? commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) DESCRIPTION AND DESCRIPTION OF CIRCUMSTANCES AND, IF LOSS WAS COVERED IN VALUE OF PROPERTY WHOLE OR IN PART BY INSURANCE, GIVE PARTICULARS DATE OF LOSS None. 9. Payments related to debt counseling or bankruptcy N°^ List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt ? consolidation, relief under bankruptcy law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case. DATE OF PAYMENT, NAME OF AMOUNT OF MONEY OR DESCRIPTION NAME AND ADDRESS OF PAYEE PAYOR IF OTHER THAN DEBTOR AND VALUE OF PROPERTY Lawrence G. Frank, Esquire 1,200.00 2023 N. Second Street Harrisburg, PA 17102 Balance of $2,500.00 to be paid through plan payments to Trustee. 10. Other transfers a. List all other property, other than property transferred in the ordinary course of the business or financial affairs ofthe debtor, transferred either ? absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.) NAME AND ADDRESS OF TRANSFEREE, DESCRIBE PROPERTY TRANSFERRED RELATIONSHIP TO DEBTOR DATE AND VALUE RECEIVED None. 0 N 0 LL 8 w LL w m m "°°° b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or ? similar device of which the debtor is a beneficiary. AMOUNT OF MONEY DATE(S) OF TRANSFER(S) OR DESCRIPTION AND VALUE OF PRO NAME OF TRUST OR OTHER DEVICE DATE OR DEBTOR'S INTEREST IN PROPERTY None. 0 11. Closed financial accounts N- List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise ? transferred within one year immediately preceding the commencement of this ease. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and a joint petition is not filed.) TYPE AND NUMBER OF ACCOUNT AMOUNT AND DATE OF SALE NAME AND ADDRESS OF INSTITUTION AND AMOUNT OF FINAL BALANCE OR CLOSING M&T Bank Credit Card Machine Account Unknown. Adams County National Bank - Newville, P Checking Account F&M Trust - Newville Branch Checking Account STATEMENT OF FINANCIAL AFFAIRS 12. Safe deposit boxes None List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately ? preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and ajoint petition is not filed.) DATE OF NAMES AND ADDRESS TRANSFER OR NAME AND ADDRESS OF BANK OF THOSE WITH ACCESS DESCRIPTION OF SURRENDER, IF OR OTHER DEPOSITORY TO BOX OR DEPOSITORY CONTENTS ANY None. 13. Setoffs None List all setoffs made by any creditor, including a. bank, against a debtor deposit of the debtor within 90 days preceding the commencement of this ? case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and ajoint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATE OF SETOFF AMOUNT OF SETOFF None. 0.00 14. Property held for another person None List all property owned by another person that the debtor holds or controls. NAME AND ADDRESS OF OWNER DESCRIPTION AND VALUE OF PROPERTY LOCATION OF PROPERTY None. 15. Prior address of debtor None Ifdebtor has moved withinthreeytars immediately precedingthe commencement of this case, list all premises which the debtor occupied during ? that period and vacated prior to the commencement of this case. If ajoint petition is filed, report also any separate address of either spouse. ADDRESS NAME USED DATES OF OCCUPANCY 1100 Green Spring Road, Newville, PA 16. Spouses and Former Spouses None If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, Cal ifomia, Idaho, Louisiana, ? Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the time of the debtor's spouse and of any former spouse who resides or resided with the debtor in the community property state. NAME None. 17. Environmental Information For the purpose of this question, the following definitions apply: T O m `m f on E m m 0 0 R LL N w m 0 "Environmental Law" means any federal, state, or local statuteor regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes or material. "Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by the debtor, including, but not limited to, disposal sites. "Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law. No"e a. List the time and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or ? potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law. SITE NAME NAME AND ADDRESS AND ADDRESS OF GOVERNMENTAL UNIT None. DATE OF NOTICE ENVIRONMENTAL LAkV None b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material, Indicate ? the governmental unit to which the notice was sent and the date of the notice. SITE NAME AND ADDRESS NAME AND ADDRESS OF GOVERNMENTAL UNIT None. DATE OF NOTICE ENVIRONMENTAL LAW STATEMENT OF FINANCIAL AFFAIRS None c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which the debtor ? is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number. NAME AND ADDRESS OF GOVERNMENTAL UNIT DOCKET NUMBER STATUS OR DISPOSITION None. 18. Nature, location and name of business None a.Ifthedebtor is an individual, listthenames, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates Wr of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case. If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six years immediately preceding the commencement of this case. Ifthe debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case. None b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101. V The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within the six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or otherwise self-employed. (An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above, within the six years immediately preceding the commencement of this case. A debtor who has not been in business within those six years should go directly to the signature page.) 19. Books, records and financial statements None a. List all bookkeepers and accountants who within the two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor. N°ne b. List all firms or individuals who within the two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, or prepared a financial statement of the debtor. c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of account and records are not available, explain. N°ne d. List all financial institutions, creditors, and other parties, including mercantile and trade agencies, to whom a financial statement was issued Wr within the two years immediately preceding the commencement of the case by the debtor. 20. Inventories None a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar amount and basis of each inventory. None b. List the name and address of the person having possession of the records of each of the two inventories reported in a, above. Wr 21. Current Partners, Officers, Directors and Shareholders No"° a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership. No"e b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more of the voting or equity securities of the corporation. m 8 w m w N M m e STATEMENT OF FINANCIAL AFFAIRS 22. Former partners, officers, directors and shareholders NronAe a. If the debtor is apartaership, list each member who withdrew from the partnership within one year immediately preceding the commencement LCJ of this case. b. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding the commencement of this case. 23. Withdrawals from a partnership or distributions by a corporation If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case. 24. Tax Consolidation Group No"° If the debtor is a corporation, list the name and federal taxpayer identification number of the parent corporation of any consolidated group for tax 56 purposes of which the debtor has been a member at any time within six years immediately preceding the commencement of the case. 25. Pension Funds. N°"C If the debtor is not an individual, list the time and federal taxpayer identification number of any pension fund to which the debtor, as an employer, Wr has been responsible for contributing at any time within six years immediately preceding the commencement of the case. [If completed by an individual or individual and spouse] I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct. Date: Janu-A!Y 26, 2006 Signature of Debtor Terrie A. Wiser 0 E LL P r N w Date: Signature _ of Joint Debtor (if any) 0 continuation pages attached Penallyfor making a false statement: Fine of up to 8500, 000 or imprisonment for up to 5 years or both. 18 U.S.C. § 152 and 3571. 0 STATEMENT OF FINANCIAL AFFAIRS United States Bankruptcy Court Middle District of Pennsylvania IN RE: Case No. 1-06-00029 Wiser Terrie A. Chapter Debtor(s) DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR 1. Pursuant toll U.S.C. § 329(a) and Bankruptcy Rule 2016(b), I certify that I am the attorney for the above-named debtor(s) and that compensation paid tome within one year before the filing of the petition in bankruptcy, or agreed to be paid to me, for services rendered or to be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows: For legal services, I have agreed to accept ............................................. ...................... ... ...... $ 3,700.00 Prior to the filing of this statement I have received ..................................................................... $ 1,200.00 Balance Due .......................................... _ ..,.........,.........,............................... $ 2,500.00 2. The source of the compensation paid to me was: g Debtor ? Other (specify): 3. The source of compensation to be paid to me is: L1 Debtor ? Other (specify): 4. L 1 have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my law firm. ? I have agreed to share the above-disclosed compensation with a person or persons who are not members or associates of my law firm. A copy of the agreement, together with a list of the names of the people sharing in the compensation, is attached. 0 v N E N N 8 5. In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including: a. Analysis of the debtors financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy; b. Preparation and filing of any petition, schedules, statement of affairs and plan which may be required; c. Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof; d. C. [Other provisions as needed] 'See Fee Agreement LL N W S N CS 6. By agreement with the debtor(s), the above disclosed fee does not include the following services: 'Includes Filing Fee of $189.00 CERTIFICATION I certify that the foregoing is a complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in this bankruptcy proceeding. I _ January 26, 2006 Date 1 r? DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR UNITED STATES BANKRUPTCY COURT NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342(b) OF THE BANKRUPTCY CODE In accordance with § 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. 1. Services Available from Credit Counseling Agencies With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses. 2. The Four Chanters of the Bankruptcy Code Available to Individual Consumer Debtors Chanter 7: Liquidation ($220 filing fee, $39 administrative fee, $15 trustee surcharge: Total fee $274) 1. Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a "means test' designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed. 2. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. 3. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. 4. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged. Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($150 filing fee, $39 administrative fee: Total fee $189) 1. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in instalments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code. 2. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342)b) OF THE BANKRUPTCY CODE using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. 3. After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long tern secured obligations. Chapter 11: Reorganization ($1000 filing fee, $39 administrative fee: Total fee $1039) Chapter I I is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a chapter I I petition should be reviewed with an attorney. Chapter 12: Family Farmer or Fisherman ($200 filing fee, $39 administrative fee: Total fee $239) Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation. 3. Bankruptcy Crimes and Availabilit?of Bankruutcy_i'apers to Law Enforcement Officials A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice. WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court. Certificate of [Non-Attorney] Bankruptcy Petition Preparer I, the [non-attorney] bankruptcy petition preparer signing the debtor's petition, hereby certify that I delivered to the debtor this notice required by § 342(b) of the Bankruptcy Code. Printed Name and title, if any, of Bankruptcy Petition Preparer Address: X Signature of Bankruptcy Petition Preparer of officer, principal, responsible person, or partner whose Social Security number is provided above. Social Security number (If the bankruptcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person, or partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. § 110.) Certificate of the Debtor I (We), the debtor(s), affirm that I (we) have received and read this notice. Wiser. TerrieA. Printed Name(s) of Debtor(s) X ?C P n r ?' ??( t ,f , fL l 1/2612006 Signature of Debtor Date Case No. (if known) 1-06.00029 X Signature of Joint Debtor (if any) Date NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342(b) OF THE BANKRUPTCY CODE Form B22C (Chapter 13) (10105) In re: Wiser Terris A. Debtor(s) Case Number: 1-06-00029 (It known) According to the calculations required by this statement: YrThe applicable commitment period is 3 years. ? The applicable commitment period is 5 years. ? Disposable income is determined under § 1325(b)(3). ? Disposable income is not determined under § 1325(b)(3). (Check the box as directed in Lines 17 and 23 of this statement.) STATEMENT OF CURRENT MONTHLY INCOME AND CALCULATION OF COMMITMENT PERIOD AND DISPOSABLE INCOME FOR USE IN CHAPTER 13 In addition to Schedules I and J, this statement must be completed by every individual Chapter 13 debtor, whether or not filing jointly. Joint debtors may complete one statement only. Maritallfiling status. Check the box that applies and complete the balance of this part of this statement as directed. a. r? Unmarried. Complete only Column A ("Debtor's Income") for Lines 2-10. It. Lv? Married. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 2-10. All figures must reflect average monthly income for the six calendar months prior to filing the bankruptcy Column A Column B case, ending on the last day of the month before the filing. If you received different amounts of income Debtor's Spouse's during these six months, you must total the amounts received during the six months, divide this total by Income Income !. six, and enter the result on the appropriate line. '.2 Gross wages, salary, tips, bonuses, overtime, commissions. $ 557.05 $ Net income from the operation of a business, profession, or farm. Subtract Line b from Line a and enter the difference on Line 3. Do not enter a number less than zero. Do not include any part of the business expenses entered on Line b as a deduction if Part IV. o` N E 3 a. Gross receipts $ It. Ordinary and necessary business expenses $ c. Business income Subtract Line b from Line a $ m '. Rent and other real property income. Subtract Line b from Line a and enter the difference on Line 4. Y Do not enter a number less than zero. Do not include any part of the operating expenses entered on Line b as a deduction in Part IV. a. Gross receipts $ b. Ordinary and necessary operating expenses $ C. Rental income Subtract Line It from Line a Interest, dividends, and royalties. Pension and retirement income. 1 Regular contributions to the household expenses of the debtor or the debtor's dependents, 7 - including child or spousal support. Do not include contributions from the debtor's spouse if Column B is completed. $ Unemployment compensation. Enter the amount in the appropriate column(s) of Line 8. However, if you contend that unemployment compensation received byyou or your spouse was a benefit under the Social Security Act, do not list the amount of such compensation in Column A or B, but instead state the 8 amount in the space below: Unemployment compensation claimed to be a benefit under the Social Security Act Debtor $ Spouse $ m 9 Income from all other sources. If necessary, list additional sources on a separate page. Do not include any benefits received under the Social Security Act or payments received as a victim of a war crime, crime against humanity, or as a victim of international or domestic terrorism. Specify source and amount. a. $ b. $ fatal and enter on Line 9 '. 1p'. J.. Subtotal. Add Lines 2 thru 9 in Column A, and, if Column B is completed, add Lines 2 through 9 in Column B. Enter the total(s). $ 557.05 $ 11 Total. If Column B has been completed, add Line 10, Column A to Line 10, Column B, and enter the total. If Column B has not been completed, enter the amount from Line 10, Column A. $ 557.05 Part IL CALCULATION OF § 1325(b)(4) COMMITMENT PERIOD 12 Enter the amount from Line 11. $ 557.05 Marital Adjustment. If you are married, but are not filing jointly with yours po use, AND if you contend that calculation of 13 the commitment period under § 1325(b)(4) does not require inclusion of the income of your spouse, enter the amount of the income listed in Line 10, Column B that was NOT regularly contributed to the household expenses of you or your '. dependents. Otherwise, enter zero. $ 14 Subtract Line 13 from Line 12 and enter the result. $ 557.05 15 Annualized current monthly income for § 1325(b)(4). Multiply the amount from Line 14 by the number 12 and enter the result. $ 6,684.60 Applicable median family income. Enter the median family income for the applicable state and household size. 16 (This information is available by family size at www.usdoi.gov/ust/ or from the clerk of the bankruptcy court.) a. Enter debtor's state of residence: Pennsylvania b. Enter debtor's household size: 1 $ 38,931.00 Application of § 1325(b)(4). Check the applicable box and proceed as directed. d The amount on Line 15 is less than the amount on Line 16. Check the box for "The applicable commitment period is 3 years" 17 at the top of page 1 of this statement, and complete Part VII of this statement. Do not complete Parts III, IV, V, or VI. ? The amount on Line 15 is not less than the amount on Line 16. Check the box for "The applicable commitment period is 5 years" at the top of page 1 of this statement and continue with Part III of this statement. Part Ill. APPLICATION OF '§ 1325(b)(3) FOR DETERMINING DISPOSABLE INCOME 18 Enter the amount from Line 11. $ Marital Adjustment. If you are married, but are not filing jointly with your spouse, enter the amount of the income listed 19 in Line 10, Column B that was NOT regularly contributed to the household expenses of you or your dependents. If you are unmarried or married filing jointly with your spouse, enter zero. $ 20= Current monthly income for § 1325(b)(3). Subtract Line 19 from Line 18 and enter the result. $ 7721 Annualized current monthly income for § 1325(b)(3). Multiply the amount from Line 20 by the number 12 and enter the result. $ 22:...: Applicable median family income. Enter the amount from Line 16. $ Application of § 1325(b)(3). Check the applicable box and proceed as directed. ? The amount on Line 21 is more than the amount on Line 22. Check the box for "Disposable income is determined under § 23 1325(b)(3)" at the top of page 1 of this statement and complete the remaining parts of this statement. ? The amount on Line 21 is not more than the amount on Line 22. Check the box for "Disposable income is not determined under § 1325(b)(3)" at the top of page 1 of this statement and complete Part VII of this statement. Do not complete Parts IV, V, or VI. Part IV, CALCULATION OF DEDUCTIONS ALLOWED UNDER § 707(b)(2) Subpart A: Deductions under Standards of the Internal Revenue Service (IRS) National Standards: food, clothing, household supplies, personal care, and miscellaneous. Enter 24 'Total' amount from IRS National Standards for Allowable Living Expenses for the applicable family size and income level. (This information is available at www.usdoi.gov/ust/ or from the clerk of the bankruptcy court.) Local Standards: housing and utilities; non-mortgage expenses. Enter the amount of the IRS Housing and 25A'. Utilities Standards; non-mortgage expenses for the applicable county and family size. (This information is available at www.usdoj,gov/usV or from the clerk of the bankruptcy court). $ Local Standards: housing and utilities; mortgage/rent expense. Enter, in Line a below, the amount of the IRS Housing and Utilities Standards; mortgage/rent expense foryour county and family size (this information is available at www.usdol.gov/usV or from the clerk of the bankruptcy court); enter on Line b the total of the Average Monthly Payments for any debts secured by your home, as stated in Line 47; subtract Line b from Line a and enter the result in Line 25B. Do not enter an amount less than zero. o` A a 3 N m w N 0 m 0 25B a. IRS Housing and Utilities Standards; mortgage/rental expense $ b. Average Monthly Payment for any debts secured by your home, if any, as stated in Line 47 $ G. Net mortgage/rental expense Subtract Line b from Line a Local Standards: housing and utilities; adjustment. If you contend that the process set out in Lines 25A and 25B does not accurately compute the allowance to which you are entitled under the IRS Housing and Utilities Standards, 2fi enter any additional amount to which you contend you are entitled, and slate the basis for your contention in the space below: Local Standards: transportation; vehicle operation/public transportation expense. You are entitled to an expense allowance in this category regardless of whether you pay the expenses of operating a vehicle and regardless of whether you use public transportation. t Check the number of vehicles forwhich you pay the operating expenses or for which the operating expenses are included 27 -; as a contribution to your household expenses in Line 7. ?0 ?1 ?2 or more. Enter the amount from IRS Transportation Standards, Operating Costs & Public Transportation Costs for the applicable number of vehicles in the applicable Metropolitan Statistical Area or Census Region. (This information is available at www.usdoi.cov/usU or from the clerk of the bankruptcy court.) $ Local Standards: transportation ownership/lease expense; Vehicle 1. Check the number of vehicles for which you claim an ownershipflease expense. (You may not claim an ownership/lease expense for more than two vehicles.) 28 0 i s N 0 29 P N m W ?1 ?2 or more. Enter, in Line a below, the amount of the IRS Transportation Standards, Ownership Costs, First Car (available at www.usdoi.aov/usU or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 1, as stated in Line 47; subtract Line b from Line a and enter the result in Line 28. Do not enter an amount less than zero. a. IRS Transportation Standards, Ownership Costs, First Car $ b. Average Monthly Payment for any debts secured by Vehicle 1, as stated in Line 47 $ G. Net ownership/lease expense for Vehicle 1 Subtract Line b from Line a Local Standards: transportation ownership/lease expense; Vehicle 2. Complete this Line only if you checked the "2 or more" Box in Line 23. Enter, in Line a below, the amount of the IRS Transportation Standards, Ownership Costs, Second Car (available at www.usdoj.gov/usU or from the clerk of the bankruptcy court); enter in Line b the total of the Average Monthly Payments for any debts secured by Vehicle 2, as stated in Line 47; subtract Line b from Line a and enter the result in Line 29. Do not enter an amount less than zero. a. IRS Transportation Standards, Ownership Costs, Second Car $ b. Average Monthly Payment for any debts secured by Vehicle 2, as stated in Line 47 $ C. Net ownership/lease expense for Vehicle 2 Subtract Line b from Line a Other Necessary Expenses: taxes. Enter the total average monthly expense that you actually incur for all federal, 30 state, and local taxes, other than real estate and sales taxes, such as income taxes, self employment taxes, social security taxes, and Medicare taxes. Do not include real estate or sales taxes. $ Other Necessary Expenses: mandatory payroll deductions. Enter the total average monthly payroll 31 deductions that are required for your employment, such as mandatory retirement contributions, union dues, and uniform costs. Do not include discretionary amounts, such as non-mandatory 401(k) contributions. $ Other Necessary Expenses: life insurance. Enter average monthly premiums that you actually pay for term life 32 insurance for yourself. Do not include premiums for insurance on your dependents, for whole life or for any other form of insurance. g Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that you are required to 33pay pursuant to court order, such as spousal or child support payments. Do not include payments on past due support obligations included in Line 44. $ Other Necessary Expenses: education for employment or for a physically or mentally challenged `34 child. Enter the total monthly amount that you actually expend for education that is a condition of employment and for education that is required for a physically or mentally challenged depend-ent child for whom no public education providing similar services is available. $ 35 Other Necessary Expenses: childcare. Enter the average monthly amount that you actually expend on childcare. Do not include payments made for children's education. $ Other Necessary Expenses: health care. Enter the average monthly amount that you actually expend on health 36'- care expenses that are not reimbursed by insurance or paid by a health savings account. Do not include payments for health insurance listed in Line 39. $ Other Necessary Expenses: telecommunication services. Enter the average monthly expenses that you 37 actually pay for cell phones, pagers, call wailing, caller identification, special long distance, or internet services necessary for the health and welfare of you or your dependents. Do not include any amount previously deducted. $ 38- Total Expenses Allowed under IRS Standards. Enter the total of Lines 24 through 37. $ Subpart 8: Additional Expense Deductions under § 707(b) Note: iDo not include any expenses that you have listed in Lines 24-37 > Health Insurance, Disability Insurance, and Health Savings Account Expenses. List the average monthly i amounts that you actually expend in each of the following categories and enter the total. 39 a. Health Insurance $ b. Disability Insurance $ C. Health Savings Account $ Total'. Add Lines a, b and c Continued contributions to the care of household or family members. Enter the actual monthly expenses 40 that you will continue to pay for the reasonable and necessary care and support of an elderly, chronically ill, or disabled member of your household or member of your immediate family who is unable to pay for such expenses. Do not include payments listed in Line 34. $ 41 : Protection against family violence. Enter any average monthly expenses that you actually incurred to maintain the safety of your family under the Family Violence Prevention and Services Act or other applicable federal law. $ Home energy costs in excess of the allowance specified by the IRS Local Standards. Enter the average -42 monthly amount by which your home energy costs exceed the allowance in the IRS Local Standards for Housing and Utilities. You must provide your case trustee with documentation demonstrating that the additional amount claimed is reasonable and necessary. $ Education expenses for dependent children less than 18. Enter the average monthly expenses that you 43'- actually incur, not to exceed $125 per child, in providing elementary and secondary education for your dependent children less than 18 years of age. You must provide your case trustee with documentation demonstrating that the amount claimed is reasonable and necessary and not already accounted for in the IRS Standards. $ Additional food and clothing expense. Enter the average monthly amount by which your food and clothing expenses exceed the combined allowances for food and apparel in the IRS National Standards, not to exceed five 44 percent of those combined allowances. (This information is available at LA .usdoi.gov/usU or from the clerk of the bankruptcy court.) You must provide your case trustee with documentation demonstrating that the additional amount claimed is reasonable and necessary. $ 45. Continued charitable contributions. Enter the amount that you will continue to contribute in the form of cash or financial instruments to a charitable organization as defined in 26 U.S.C. § 170(c)(1)-(2). $ 46 Total Additional Expense Deductions under § 707(b). Enter the total of Lines 39 through 45 is Subpart C: Deductions for Debt Payment 47 48- Future payments on secured claims. For each of your debts that is secured by an interest in property that you own, list the name of creditor, identify the property securing the debt, and state the Average Monthly Payment. The Average Monthly Payment is the total of all amounts contractually due to each Secured Creditor in the 60 months following the filing of the bankruptcy case, divided by 60. Mortgage debts should include payments of taxes and insurance required by the mortgage. If necessary, list additional entries on a separate page. Name of Creditor Property Securing the Debt 60-month Average Pmt a. $ b. $ C. $ Total: Add lines a, b and c. Past due payments on secured claims. If any of the debts listed in Line 47 are in default, and the property securing the debt is necessary for your support or the support of your dependents, you may include in your deductions 1160th of the amount that you must pay the creditor as a result of the default (the "cure amount") in order to maintain possession of the property. List any such amounts in the following chart and enter the total. If necessary, list additional entries on a separate page. Name of Creditor Property Securing the Debt in Default 1/60th of the Cure Amount a. $ b. $ c. $ Total: Add lines a, b and a 49 Payments on priority claims. Enter the total amount of all priority claims (including priority child support and alimony claims), divided by 60. $ Chapter 13 administrative expenses. If you are eligible to file a case under Chapter 13, complete the following chart, multiply the amount in Linea by the amount in Line b, and enter the resultinq administrative expense. Jv C. Average monthly administrative expense of Chapter 73 case Total: Multiply Lines a and b 51: '.. Total Deductions for Debt Payment. Enter the total of Lines 47 through 50. Subpart D: Total Deductions Allowed under § 707(1 52 Total of all deductions allowed under § 707(b)(2). Enter the total of Lines 38, 45, and 51. Part V. DETERMINATION OF DISPOSABLE INCOME UNDER § 1325(b)(2) 53 Enter current monthly income. Enter the amount from Line 20. $ Support Income. Enter them on thly average of any child support payments, foster care payments, or disability 54.. payments for a dependent child, included in Line 7, that you received in accordance with applicable nonbankruptcy law, to the extent reasonably necessary to be expended for such child. $ Qualified retirement deductions. Enter the monthly average of (a) all contributions or wage deductions made to 55. qualified retirement plans, as specified in § 541(b)(7) and (b) all repayments of loans from retirement plans, as specified in § 362(6)(19). $ 5s-' Total of all deductions allowed under § 707(b)(2). Enter the amount from Line 52. $ 57 Total adjustments to determine disposable income. Add the amounts on Line 54, 55, and 56 and enter the result. $ 58 Monthly Disposable Income Under § 1325(b)(2). Subtract Line 57 from Line 53 and enter the result. $ Part VI. ADDITIONAL EXPENSE CLAIMS Other Expenses. List and describe any monthly expenses, not otherwise stated in this form, that are required for the health and welfare of you and your family and that you contend should be an additional deduction from your current monthly income under § 707(b)(2)(A)(ii)(I). If necessary, list additional sources on a separate page. All figures should reflect your average monthly expense for each item. Total the expenses. 59 o` N 0 m 8 4 w i? m O a. Projected average monthly Chapter 13 plan payment. $ Current multiplier for your district as determined under schedules issued by the Executive Office for United States Trustees. (This information is available at www.usdoi.gov/usU or from the clerk of b. the bankruptcy court.) X Expense Description Monthly Amount a. $ b. $ C. $ Total: Add Lines a, b and c $ Part VII. VERIFICATION I declare under penalty of perjury that the information provided in this statement is true and correct. (If this ajoint case, both debtors must sign.) 60 Date: February 2, 2006 Signature: CA- (Debtor '.. Date: Signature: (Joint Debtor, if any) N O N H S ti rtii U Z O Q O LL 2 W CL y S H z Z O J Q S U W O O Z Q O J O LL U °o z'- o ? -.. 0 of ° ? ? es- ? o- i z ; mm-: : ? oa..._ ? W N ti ? F I = k m m Q ? V ? tj1 m x * ? y ?y , V O a a a • o yj 1 ?6 " ? N I w (p? ? a N o ? ?,: I -_ ___._ t- t 7 c f u c C e C U USBC PAM - LIVE - V23E Miscellaneous: 1:06-bk-00029-MDF Terrie A. Wiser U.S. Bankruptcy Court Middle District of Pennsylvania Notice of Electronic Filing Page 1 of 1 The following transaction was received from Frank, Lawrence G entered on 2/6/2006 at 10:49 AM EST and filed on 2/6/2006 Case Name: Terrie A. Wiser Case Number: 1:06-bk-00029-MDF Document Number: 10 Docket Text: Notice to Individual Consumer Debtor, Schedules A-J, Chapter 13 Statement of Current Monthly Income and Disposable Monthly Income - Form 22C., Statement of Disclosure of Compensation of Attorney for Debtor, Statement of Financial Affairs, Summary of Schedules Filed by Lawrence G Frank on behalf of Terrie A. Wiser (RE: related document(s)[1] ). (Frank, Lawrence) The following document(s) are associated with this transaction: Document description: Main Document Original filename:C:\WINDOWS\Temp\petition.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=1009835235 [Date=2/6/2006] [FileNumber=2780288-0] [9aOf3ddlefl749c6d404c32fafD8063ca9f95af60d20621acbc98e39aa628belbfel 61664baf6b308355dcf6f8ec04f4823f3a5cdle82d93a1135d9ef4b21949]] 1:06-bk-00029-MDF Notice will be electronically mailed to: Charles J. DeHart, III (Trustee) dehartstaff@ramapo.com, dcook@ramapo.com;harrisburgecf@ramapo.com Lawrence G Frank lawrencefrank@earthlink.net United States Trustee ustpregion03.ha.ecf@usdoj.gov 1:06-bk-00029-MDF Notice will not be electronically mailed to: https://ecf.pamb.uscourts.gov/cgi-bin/Dispatch.pl?274289794666566 2/6/2006 USBC PAM - LIVE - V2.7E Miscellaneous: 1:06-bk-00029-MDF Terrie A. Wiser U.S. Bankruptcy Court Middle District of Pennsylvania Notice of Electronic Filing Page 1 of 1 The following transaction was received from Frank, Lawrence G entered on 2/6/2006 at 10:51 AM EST and filed on 2/6/2006 Case Name: Terrie A. Wiser Case Number: 1:06-bk-00029-MDF Document Number: 1 I Docket Text: Matrix filed/Creditor List Uploaded Filed by Lawrence G Frank on behalf of Terrie A. Wiser (RE: related document(s)[1] ). (Frank, Lawrence) The following document(s) are associated with this transaction: 1:06-bk-00029-MDF Notice will be electronically mailed to: Charles J. DeHart, III (Trustee) dehartstaff@ramapo.com, dcook@ramapo.com;harrisburgecf@ramapo.com Lawrence G Frank lawrencefrank@earthlink.net United States Trustee ustpregion03.ha.ecf@usdoj.gov 1:06-bk-00029-MDF Notice will not be electronically mailed to: https://eef.pamb.uscourts.gov/cgi-bin/Dispatch.pl?375740825767399 2/6/2006 USBC PAM - LIVE - V2.7E Miscellaneous: 1:06-bk-00029-MDF Terrie A. Wiser U.S. Bankruptcy Court Middle District of Pennsylvania Notice of Electronic Filing Page 1 of 1 The following transaction was received from Frank, Lawrence G entered on 2/6/2006 at 10:56 AM EST and filed on 2/6/2006 Case Name: Terrie A. Wiser Case Number: 1:06-bk-00029-MDF Document Number: 12 Docket Text: Employee Income Records Filed by Lawrence G Frank on behalf of Terrie A. Wiser (RE: related document(s)[1] ). (Frank, Lawrence) The following document(s) are associated with this transaction: Document description: Main Document Original filename:C:\My Documents\Maura\MAJ\PDF Files\WiserPayStatements.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=1009835235 [Date=2/6/2006] [FileNumber=2780371-0] [5741999245a86e3eae9a444c4c9be843bc6cdlfd9a2a7963e28ac2d23e31ce220fd1 82abale53889d73164492b4a7d120ac203f4b2480d41e6a5ca4477dc7ee0]] 1:06-bk-00029-MDF Notice will be electronically mailed to: Charles J. DeHart, III (Trustee) dehartstaff@ramapo.com, dcook@rainapo.com;harrisburgecfgramapo.com Lawrence G Frank lawrencefrank@earthlink.net United States Trustee ustpregion03.ha.ecf@usdoj.gov 1:06-bk-00029-MDF Notice will not be electronically mailed to: https://eef.pamb.uscourts.gov/cgi-bin/Dispatch.pl?246663683242918 2/6/2006 USBC PAM - LIVE - V2.7E A .1 Fite a Plan: 1:06-bk-00029-MDF Terrie A. Wiser U.S. Bankruptcy Court Middle District of Pennsylvania Notice of Electronic Filing Page 1 of 1 The following transaction was received from Frank, Lawrence G entered on 2/6/2006 at 11:03 AM EST and filed on 2/6/2006 Case Name: Terrie A. Wiser Case Number: 1:06-bk-00029-MDF Document Number: 13 Docket Text: Chapter 13 Plan Filed by Lawrence G Frank on behalf of Terrie A. Wiser (RE: related document(s)[1 ] ). (Frank, Lawrence) The following document(s) are associated with this transaction: Document description: Main Document Original filename:C:\WINDOWS\Temp\plan.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=1009835235 [Date=2/6/2006] [FileNumber=2780429-0] [adlbf8b84e2b4de6b2504421bbe75fbl5b947ed46185763d4ad347d55e4a5ded279f 665db71ff8bf5a702063803165db2cd91d69af1033b42045c46d45e16lbl]] 1:06-bk-00029-MDF Notice will be electronically mailed to: Charles J. DeHart, III (Trustee) dehartstaff@ramapo.com, dcook@ramapo. com;harri sburgecf@.ramapo. co m Lawrence G Frank lawrencefrank@earthlink.net United States Trustee ustpregion03.ha.ecf@usdoj.gov 1:06-bk-00029-MDF Notice will not be electronically mailed to: https://eef.pamb.uscourts.gov/cgi-biniDispatch.pl?519313745805517 2/6/2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, Plaintiff V. TERRIE A. WISER, Defendant NO. 05-3650 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF DANIEL C. CURTIS HEARING DATE: MARCH 13, 2006 PART I. INCOME A. EMPLOYMENT INFORMATION: Employer: New Penn Motor Express Address: Camp Hill, PA Position: Truck Driver Pay Period: Weekly B. INCOME (based on 12/24/05 pay (last pay period in 2005): DESCRIPTION WEEKLY MONTHLY YEARLY Gross $1,435.89 $6,222.19 $74,666.28 FICA ($89.03) ($385.80) ($4,629.56) Medicare ($20.82) ($90.22) ($1,082.64) Federal Tax ($199.67) ($865.24) ($10,382.84) State Tax ($44.08) ($191.01) ($2,292.16) Local Tax 01.65% ($23.69) ($102.66) ($1,231.88) Union Dues ($12.37) ($53.60) ($643.24) SUI ($1.29) ($5.59) ($67.08) TOTAL $1,044.94 $4,528.07 $54,336.88 ??Qak ? I C. OTHER INCOME: DESCRIPTION WEEKLY MONTHLY YEARLY Interest $0.00 $0.00 $0.00 Dividends $0.00 $0.00 $0.00 Pensions $0.00 $0.00 $0.00 Annuities $0.00 $0.00 $0.00 Social Security $0.00 $0.00 $0.00 Rents $0.00 $0.00 $0.00 Royalties $0.00 $0.00 $0.00 Expense Account $0.00 $0.00 $0.00 Gifts $0.00 $0.00 $0.00 Unemployment Compensation $0.00 $0.00 $0.00 Workman's Compensation $0.00 $0.00 $0.00 Income Tax Refunds $0.00 $0.00 $0.00 Support or Alimony $0.00 $0.00 $0.00 Commissions $0.00 $0.00 $0.00 Tips $0.00 $0.00 $0.00 Other (Specify): $0.00 $0.00 $0.00 TOTAL OTHER INCOME $0.00 $0.00 $0.00 2- PART II. EXPENSES DESCRIPTION MONTHLY AMOUNT COMMENTS HOME EXPENSES: Rent First Mortgage $1,133.00 Marital Home - acquired by Husband prior to marriage and in his sole name Maintenance and Repairs $45.00 Electric $175.00 Gas/Propane $10.00 Oil Telephone $80.00 Water/Sewer/Trash EMPLOYMENT Lunches $150.00 Other Employment Expenses TAXES: Real Estate Taxes $198.00 Estimated: MT @ 395; ST 01981 Income Taxes Not Withheld Per Capita /Occupation Taxes $1.00 INSURANCE: Homeowners Insurance $42.00 Automobile Insurance $42.00 Life Insurance $92.00 - 3 - DESCRIPTION MONTHLY AMOUNT COMMENTS AUTOMOBILE EXPENSES: Payments Fuel $217.00 Maintenance and Repair $75.00 License and Registration $4.00 MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE: Doctor Optical Dental $67.00 600 outstanding Hospital Medicine Special Needs/Therapy Etc. $100.00 Vitamins PERSONAL EXPENSES: Clothing $100.00 Food $400.00 Barber and Hair Dresser $30.00 Memberships Other Personal Expenses -4- DESCRIPTION MONTHLY AMOUNT COMMENTS CREDIT CARDS AND LOANS: Mother $166.66 $4000 original amount: $1000 paid 12/05; $1000 paid 1/06; 2000 balance; monthly amount is 12 month amortization of payments Father 2500 balance: Paid when $ available Visa $500.00 6000 balance MISCELLANEOUS EXPENSES: Household Help Child Care Newspapers/Magazines/Books $10.00 Entertainment $100.00 Pay TV $100.00 Vacations $50.00 Gifts $25.00 Legal Fees $150.00 This is minimum amount. In some months payment is higher. Charitable Contributions $250.00 Other Child Support Other Spousal Support or Alimony 5- DESCRIPTION MONTHLY COMMENTS AMOUNT JT. RESTAURANT? EXPENSES MftT 2"d mtg $764.76 Restaurant Insurance $689.50 Suburban Gas bill TBD $720.00 balance working on settlement Loan from Brother TBD $20,000 balance for Johnnie's Restaurant and Hotel Service $4,500.00 balance; Ice Cream Machine Debt $7,000.00 balance; past due insurance and misc expenses etc. No set payment schedule. Pay when $ available TOTAL EXPENSES $5,766.92 PART III SUMMARY Description 1&E Figures Domestic Relations Net Monthly Income $4,528.07 $4,307.34 Less Net Monthly Expenses ($5,766.92) ($5,766.92) Net Deficit ($1,238.85) ($1,459.58) 6- PART IV. INSURANCE INSURANCE INFORMATION COVERAGE TYPE COMPANY POLICY NO. H W C Hospital Teamsters x x Medical Teamsters x x Health Accident Disability Income Dental Teamsters x x Vision Teamsters x x Other-Specify *H=Husband; W=Wife; J=Joint; C=Child 7- PART V. SUPPLEMENTAL INCOME STATEMENT [ d ] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached (c) Name of Business: Business Address: Business Telephone: (d) Nature of Business (check one) [ ] 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [ ] 4. Professional [ ] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period: 4. Net income per pay period: 5. Specify deductions, if any: . -DANIEL C WISER rl nrKB• 3.9178 PFRIOD END: 12/31/2005 EARNINGS DEDUCTIONS Description Hours Current YTD Description YTD Current bA5E 57.25 1211.96 1211.96 EXTRA 1.70 36.00 36.00 HOLIDAY 10.00 211.70 211.70 GROSS PAY 66.95 1459.66 1459.66 FII wUU.4y zuu.47 FICA 90.50 90.50 MEDICARE 21.17 21.17 PA STATE W/H 44.81 44.81 SUI 1.31 1.31 UNION DUES 54.00 54.00 LOCALTAX 24.08 24.08 TTL DEDUCTIONS 436.36 436.36 NET PAY 1023.30 PROJECTED H&W CONTRIBUTION: 218.40 YTD HOURS: 68.95 PROJECTED PENSION CONTRIBUTION: 225.40 NEW PENN MOTOR EXPRESS INC. REMOVE DOCUMENT ALONG THIS PERFORATION ifWwuM, ??ilNl wu il ui, r, 4W All II rY°iwllw?NiN? a'pt'' 1?7?i &II Deposited in DPI?EL, the account of: 110 0.',PE ?NEWVILI P*pq, Qt I of+, iX +w 1, oNN,,.a,a, 1 4„ m §1011 ?r 0 ee h 11, I Twenty Three and 30/100 Dollars , ; VIt"' iHn? DIRG °4 $I'I ?ERNA s STp ENSPRING RD SPA:;' 11 N ?? ti ` ?' -NEG( f o A W VN?id 'A M OXYUYI?IWM4XWMNp111'? YO n Mi f uul a YANWW DSO w JWwI Ai?Wti iti'M1ni 1"HIS IS NOT A CHECK -n1 nr12* 423178 mminn PNn• -19/24/2005 UMI\IGL V \YIJ LII EARNINGS DEDUCTIONS Description Hours Current i' YTD Description Current YTD BASE /1..3b 1b1U. 47 ODL64.U0 ni EXTRA 4.94 104.80 3625.18 FICA 113.28 4629.30 GROSS ADJ 80.21 `MEDICARE 26,49 1082.66 VACATION 3142.64 PA STATE W/H 1 v1.09 2292.24 HOLIDAY 10:00 211.70 1270.20 - 'SUI 1.64 67.20 PERSONAL 211.70 " UNION DUES 643.00 BIRTHDAY 21170 CREDIT UNION 1900.00 SICK PAY 840.40 LOCAL TAX. 30.14 803.77 GROSS PAY, rIl 6.30 1826:93 "' ?l l'66b OCC PRIV TAX 10.00 TTL DEDUCTIONS 519.96 21810.95 NET PAY YTD HOURS: 1307.03 PROJECTED H&W CONTRIBUTION: 218.40 3512.18 PROJECTED PENSION CONTRIBUTION: 225.40 NEW PENN MOTOR EXPRESS INC. REMOVE DOCUMENT ALONG THIS PERFORATION ..> !) ?1 ('' ' 2 ?T _.... qi,- Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Attorney for Petitioner, D. Curtis Wiser IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, Plaintiff NO. 05-3650 CIVIL TERM CIVIL ACTION-LAW V. TERRIE A. WISER, Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF (Cashing and Escrow of Income Tax Refund Check) AND NOW, this day of 6? , 2006, comes the Petitioner, D. Curtis Wiser, by his attorney, Diane G. Radcliff, squire, and files the above referenced Petition for Special Relief and represents that: 1. 2. 3. 4. Your Petitioner is D. Curtis Wiser, (hereafter referred to as "Husband") who is the Plaintiff in the above captioned divorce action. Your Respondent is Terrie A. Wiser(hereafter referred to as "Wife"), who is the Defendant in the above referenced divorce action. The parties were married on 3/21/1996. The parties separated on or about 6/24/2005. - 1 - 5. The parties filed a joint federal income tax return for the 2004 tax year. 6. As a result of said joint filing the parties received an income tax refund check in the amount of $14,067. 7. The parties have been unable to agree as to a division of the income tax refund. 8. Wife has refused to endorse that check so that it may be cashed and placed in escrow pending final resolution of the economic claims in this case. 9. If not cashed by 12/30/06, the $14,067 IRS income tax refund check will expire and not be able to be cashed. 10. Wife previously filed a Chapter 13 Bankruptcy in the Middle District of Pennsylvania docketed to No. 1 -06-bk-00029. 11. In the said bankruptcy action, the parties entered into a stipulation adopted as an Order of Court dated July 18, 2006, in which the parties agreed that all other economic claims pending in this divorce action would be decided in this divorce action. A true and correct copy of said Order and Stipulation are attached hereto, collectively marked Exhibit "A" and made a part hereof. 12. Husband has and will incur attorneys fees in bringing this Petition in the estimated amount of $800.00 to $1,000.00 and claim is made therefor. 13. Wife's attorney, P. Richard Wagner, Esquire, has been provided with a copy of this Petition prior to filing and has not consented to the relief requested herein. 14. The following is the information pertaining to prior judge assignments in this case: A. The Honorable Edward Guido entered an order upon a prior petition for special relief filed by Petitioner in this divorce case. B. The Honorable J. Wesley Oler, Jr. entered the 3/21 /06 APL Order in this divorce case. WHEREFORE, Husband, D. Curtis Wiser, respectfully requests this Honorable Court to enter an Order: -2- 1. Requiring the parties to endorse the 2004 Federal Income Tax Refund check payable to the order of Diane G. Radcliff, Esquire, as escrow agent who shall then hold those funds in escrow pending agreement of the parties or further order of this Court. 2. Requiring Wife to pay the attorney's fees and costs incurred by Husband in bringing this Petition and attending the hearing to be held thereon. Respectfully submitted, . R?DCLI FF, ESQUIRE e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner - 3 - VERIFICATION I, D. Curtis Wiser, Petitioner, verify that the statements made in this Petition are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r w D. Curtis Wiser -4- CERTIFICATE OF SERVICE AND NOW, this2 day of , 2006, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the foregoing document upon the following named person, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, DIANE G. DCLIFF, ESQUI dle Road Camp Hill, P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID 32112 - 5 - EXHIBIT "a" -6- IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CASE NO. 1-06-bk-00029 TER.RIE A. WISER Debtor CHAPTER 13 O R D E R UPON consideration of the foregoing stipulation executed by the attorneys for Daniel Curtis Wiser and debtor Terri A. Wiser with respect to a modification of the automatic stay and an adversary proceeding presently pending in this court, it is HEREBY ORDERED AND DECREED that the terms and conditions of the foregoing stipulation be and hereby are approved as if fully set forth herein. BY the Comet. j6dr (fax} TA= dot is xromcafty stgp€ and , d on sane date Dated: July 18, 2006 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CASE NO. 1-06-00029 TERRI A. WISER, Debtor CHAPTER 13 STIPULATION OF D. CURTIS WISER AND TERRI A. WISER TO MODIFY AUTOMATIC STAY TO THE HONORABLE MARY D. FRANCE, BANKRUPTCY JUDGE: COME NOW D. Curtis Wiser, husband of the above-captioned debtor, by and through his attorney Deborah A. Hughes, Esquire, and Terri A. Wiser, Chapter 13 debtor herein, by and through her attorney Lawrence G. Frank, Esquire and stipulate and agree as follows: 1. The debtor filed a voluntary Chapter 13 petition with this court on January 6, 2006. 2. At the time of the filing of the Chapter 13 petition, a divorce proceeding instituted by D. Curtis Wiser was pending in the Court of Common Pleas of Cumberland County, Pennsylvania, indexed to No. 05-3650. 3. The parties are desirous of modifying the automatic stay imposed by Section 362 of the Bankruptcy Code so as to allow the divorce proceeding and all equitable distribution and other economic issues to proceed. 4. An adversary proceeding has been filed by the debtor against Daniel Curtis Wiser to Adversary Number 1-06-00097 in the Bankruptcy Court. That adversary proceeding proposes to sell certain real and personal property co-owned by Daniel Curtis Wiser and Terri A. Wiser known as the Crossroads Restaurant and Bake Shop at 399 Carlisle Road, Newville, Pennsylvania 17055. 5. The parties to this stipulation agree that that adversary proceeding can proceed in the Bankruptcy Court to final disposition. Daniel Curtis Wiser reserves the right to oppose that complaint due to insufficiency of price or any other reason. In the event that the court approves the debtor's complaint to sell or if higher and better and offers are received and the property is ultimately sold by order allowing the sale free and clear of liens and encumbrances, it is agreed that the secured claims as set forth in that complaint will be paid in full along with all costs of sale including realtor's commission, transfer tax, past due real estate taxes and past due sewer, water and trash. The balance after payment of the aforementioned will be placed in escrow in the escrow account of Lawrence G. Frank, Esquire pending resolution of entitlement to same in the aforementioned divorce action. 6. The parties agree that all other economic issues pending in the aforementioned divorce proceeding in the Court of Common Pleas of Cumberland County will be decided in said divorce proceeding including but not limited to support, alimony, entitlement to equitable distribution in 1100 Greenspring Road, Newville, Pennsylvania 17241 and all personal property owned by either of the parties to this stipulation or jointly owned. 7. The parties agree that the terms and conditions of this stipulation will be made the subject of an order to be entered by the Honorable Mary D. France. RESPECTFULLY SUBMITTED BY: DATED:' LAWR CE G. FRAM , ESQUIRE 2023 N. SECOND STREET HARRISBURG PA 17102 (717) 234-7455 ATTORNEY FOR DEBTOR DATED : `n"`I • (0 6 DEBORAH A. HUGHES, ESQUIRE 2080 LINGLESTOWN ROAD SUITE 106 HARRISBURG PA 17108 (717) 651-1772 ATTORNEY FOR DANIEL CURTIS WISER ., ti f ??1 ._-1 is " ?. '.? ;1 _ ;7 i .. 1 SEP 2 8 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, NO. 05-3650 CIVIL TERM Plaintiff CIVIL ACTION-LAW V. IN DIVORCE TERRIE A. WISER, Defendant RULE AND NOW, this day of , 2006 , upon consideration of the within Petition, IT IS HEREBY ORDERED that a Rule is issued upon the Respondent, Terrie A. Wiser, to show cause why the relief requested in the within Petition should not be granted. The Rule is returnable at a hearing to be held in this matter on the ai day of ?.? , 200 at q.',;O o'clock.m. in Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. The parties shall appear at that date and time and give testimony and argument on the issues raised in the within Petition. Distribution to: I Attorney for Petitioner: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 I.Attorney for Respondent: P. Richard Wagner, Esquire, 33 North Front Street, Harrisburg, PA 17110 f ,004 0 , C, y 0 E :1 I V 1-1309001 Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 321'12 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, NO. 05-3650 CIVIL TERM Plaintiff CIVIL ACTION-LAW V. : IN DIVORCE TERRIE A. WISER, Defendant TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the Petition for Special Relief (Cashing and Escrow of Income Tax Refund Check) filed by the Plaintiff in this case, the parties having reached an agreement regarding the disposition of the 2004 income tax refund check. Respectfully submitted, J . RA CLIFF, ESQUIRE urtlD#32112 Attorney for Plaintiff, D. Curtis Wiser J 'ca T3; is 'V D. CURTIS WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TERRIE A. WISER, Defendant NO. 05-3650 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 12th day of December, 2006, upon consideration of the attached letter from Diane G. Radcliff, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for December 21, 2006, is cancelled. BY THE COURT, Xiane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant J :rc > I: Vil 'Y F 4 01 -Z 1,4j III OAHU 'Hi -40 V 'Y DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net December 11, 2006 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: D. Curtis Wiser vs. Terrie A. Wiser Cumberland County Divorce #05-3650 Civil Term Dear Judge Oler: Enclosed is a copy of the Praecipe Withdrawing my Petition for Special Relief which had been scheduled for hearing before you on December 21, 2006. 1 would appreciate it if you would cancel the December 21, 2006 hearing since the issue raised in the Petition has been resolved and the Petition has been withdrawn. Very truly yours, F, ESQUIRE DGRf dr Enclosure(s): Praecipe z. cc: P. Richard Wagner D. Curtis Wiser File 59-05-D Transmitted by mail ?0 621107952 05-3650 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/29/07 Case Number (See Addendum for case summary) O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number NEW PENN MOTOR EXPRESS INC PO BOX 630 LEBANON PA 17042-0630 RE: WISER, DANIEL C. Employee/Obligor's Name (Last, First, MI) 186-50-4750 Employee/Obligor's Social Security Number 1859101600 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 643 0o per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ o . 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 643.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 148.38 per weekly pay period. $ 296-77 per biweekly pay period (every two weeks). $ 321.50 per semimonthly pay period (twice a month). $ 643 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE C7:/,-, Date of Order: .T. ? 2m? - 21? J. SLEY OLER, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OM13 No.: 0970-0154 Worker ID $IATT G n , j V X 0 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifghecke? you are required to provide agopy of this form to your?mployee. If your employee %rks in a state that is di B box is not checked. rent rrom the state that issued this o er, a copy must be provi ed to your employee even if t e 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* payment. paydate/date of withl iolding is the date on vvl iicl i ai nount was wit' il eld from tl ie employee's Yvages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2322095330 EMPLOYEE'S/OBLIGOR'S NAME: WISER DANIEL C. EMPLOYEE'S CASE IDENTIFIER: 1859101600 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11 Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker ID $IATT OMB No.: 0970-0154 * . %, ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WISER, DANIEL C. PACSES Case Number 621107952 Plaintiff Name TERRIE A. WISER Docket Attachment Amount 2005-3650 CIV$ 643.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ...... ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 ? fj 1J, l:,(~r~~s ~.1~/5~72 vs Case No. ~~' ~~I/ 50 ~~"t~l ~ ~ . (~IS Etc' Statement of Intention to Proceed ~ c To the Court: II / ' , ~(,~'T'! S W 1 S~ intends to proceed with the above Print Name Qd~ Sign Name Date: U Attorney for Explanatory Comment r*t t mat3 ~:. The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. rn _,o _,~ . _> -r ~~ ~. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter With prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule23fl(dj for relief from the-order of termination. An example of such an occurrencemight be thetErminativn - of aviable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been temunated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. , F1? i~'Cl_U?; ? ilr ?CTNONOTAF'( 20112 DEC 20 P14 !: 54 "UMW RLANU COUNTY PVNNSYLVANIA DIANE G. RADCLIFF, ESQUIRE Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 • Facsimile: 717-975-0697 • Email: dianeradcliff(c-D-comcast.net Attorney for Plaintiff, D. Curtis Wiser IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, Plaintiff NO. 05-3650 CIVIL TERM V. TERRI A. WISER, CIVIL ACTION - LAW IN DIVORCE Defendant PLAINTIFF'S MOTION FOR APPOINTMENT OF MASTER D. Curtis Wiser, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [X] Divorce [ ] Annulment [X] Distribution of Property [ ] Support [ ] Alimony Pendente Lite [ ] Alimony [X] Counsel Fees [X] Costs and Expenses In support of the Motion the Plaintiff states: 1 1. Discovery: [X] is complete with respect to the claims for which the appointment of the Master is requested. [ ] is not complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party: [ ] has not appeared in the action. [ ] has appeared in the action personally. [X] has appeared in the action by her attorney, P. Richard Wagner, Esquire. 3. The statutory ground for the divorce is/are: [X] 23 Pa.C.S.A. Section 3301(c) [X] 23 Pa.C.S.A. Section 3301(d) 4. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 5. The action: [X] Does not involve complex issues of law or fact. [ ] Involves complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the Motion: None Date: December 18, 2012 A CL F, ESQU 4Aq, ndle Road, Camp Hill, PA 17011 Telephone : 717-737-0100 Supreme Court ID #32112 Attorney for Plaintiff, D. Curtis Wiser 2 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing document, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail, Postage Prepaid and Addressed as Follows: P. Richard Wagner, Esquire 2233 North Front Street, Harrisburg, PA 17110 (Attorney for Defendant) Dated: December 18, 2012 G. RADCLIFF, UIRE Court ID #32112 3448 Trindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Plaintiff 3 1 CJ: T c PRO f P`s-r 2013 HA Y 8 Ph!2. � CU pEL/�r'd0 CCU . , jSYLVANlj� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, Plaintiff NO. 05-3650 CIVIL TERM V. CIVIL ACTION - LAW TERRIE A. WISER, : IN DIVORCE Defendant RULE 1920.33 PRE-TRIAL STATEMENT Submitted by: Plaintiff, D. Curtis Wiser PREVIOUSLY ASSIGNED JUDGE None DIVORCE MASTER E. Robert Elicker, II, Esquire APPEARANCE FOR PLAINTIFF APPEARANCE FOR DEFENDANT Diane G. Radcliff, Esquire Marylou Matas, Esquire (Supreme Court ID No 32112) (Supreme Court ID No.84919 3448 Trindle Road, Camp Hill, PA 17011 26 West High Street, Carlisle, PA 17013 Phone: (717) 737-0100 Phone: 717-243-6222 Facsimile: (717) 975-0697 Facsimile: 717-243-6486 Email: dianeradcliff(a�com cast.net Email: mmatas(a�ssr.attorneys.com Date: May 8, 2013 -� - DIANE . RADCLI QUIRE INFORMATIONAL NOTES 1 . The values used in the various Tables herein may be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 2. Any adjustment figure(s) that appear in the various Tables herein are for illustration purposes only and are not to be deemed a representation that an adjustment should be made or that the amount of the adjustment, is appropriate. ABBREVIATIONS H .......................... Husband W .......................... Wife C .......................... Child or Children A .......................... Appraisal S .......................... Stipulation Est .......................... Estimate G .......................... Gift .......................... Inheritance NM .......................... Non-Marital Property KBB .......................... Kelley Blue Book Value NADA .......................... NADA Value TIV .......................... Trade in Value PPV .......................... Private Party Value RE .......................... Real Estate V .......................... Vehicle INV .......................... Investment CD .......................... Certificate of Deposit ACT .......................... Account INS .......................... Insurance B .......................... Business PSP .......................... Profit Sharing Plan PEN .......................... Pension Plan RET .......................... Retirement Plan HG .......................... Household Goods D .......................... Debt 2 SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES DESCRIPTION HUSBAND WIFE Name D. Curtis Wiser Terrie A. Wiser Maiden Name -- Hancock Address 1100 Greenspring Rd. Unknown Newville, PA 17241 Year of Birth 6/24/57 4/20/58 Age 49 48 Health Status Good Good Educational Background High School Graduate High School Graduate Names and Relationship of None Unknown Persons Living with Party Date Moved to Current Home 1994-95 6/24/05 Date PA Residency Began Since birth Since Birth Current Military Service N/A N/A Employer New Penn Motor Express Wegman's Occupation (Job Position) Truck Driver TBD Date Employment Began 8/5/92 12/05 3 TABLE #1-B MARRIAGE INFORMATION DESCRIPTION INFORMATION Date of Marriage 3/21/96 Place of Marriage Newville, Cumberland County, PA Date of Separation 6/24/05 Grounds for Divorce No Fault - Section 3301(d) Prior Divorce Actions Between Parties None TABLE #1-C CHILDREN OF THIS MARRIAGE NAME AGE DATE OF SCHOOL CUSTODIAN OR BIRTH GRADE EMANCIPATION Tony Wiser 12/15/82 -- Emancipated Heather Wiser 12/29/83 -- Emancipated TABLE #1-D SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Party Paying Support Husband, D. Curtis Wiser Beneficiaries of Support Wife, Terrie A. Wiser Amount of Support $643/mo Date of Agreement or Order 3/21/06 confirming 2/7/06 Order Docket Number of Support Order This Divorce Action 4 TABLE #1-E CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES PARTY NAME OF CHILD DATE OF AGE CUSTODIAN OR BIRTH EMANCIPATION N/A N/A N/A N/A N/A TABLE #1-F SUPPORT/ALIMONY FOR PRIOR MARRIAGES/RELATIONSHIP DESCRIPTION INFORMATION INFORMATION Name of Person Paying Support N/A N/A Beneficiaries of Support N/A N/A Date of Agreement or Order N/A N/A Docket Number of Support Order N/A N/A 5 TABLE #1-G PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date 7/19/05 Date of Service 7/27/05 Manner of Service Sheriff - Personal Delivery Type of Divorce Requested 3301(c) and 3301(d) No Fault Economic Claims Raised Equitable Distribution ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading Answer & Counterclaim Pleading Filing Date 12/22/05 Type of Divorce Requested None Economic Claims Raised APL; Counsel Fees Costs and Expenses INCOME AND EXPENSE STATEMENTS Plaintiff's I&E Statement Filing Date Defendant's I&E Statement Filing Date INVENTORIES Plaintiff's Inventory Filing Date 12/17/12 Defendant's Inventory Filing Date 3301 C DOCUMENTS Plaintiff's 3301(c) Affidavit Date Plaintiff's 3301(c) Affidavit Filing Date Defendant's 3301(c) Affidavit Date Defendant's 3301(c) Affidavit Filing Date 3301 D DOCUMENTS Date of Separation 6/24/2005 2 Year Separation Date 6/24/2007 Plaintiff's 3301(d) Affidavit Date 12/13/12 Plaintiff's 3301(d) Affidavit Date Filing Date 12/17/12 3301 (D) Affidavit Service Date 12/18/12 6 TABLE #1-G PROCEEDINGS INFORMATION: Manner of Service of 3301(d) Pffidavit U.S. Mail upon Defendant's Attorney Date of Defendant' 3301(d) Counter-Affidavit Date of Filing of Defendant's 3301(d) Counter-Affidavit Date of Notice of Intent to Request Entry of Divorce Decree Date of Service of Notice to Request Entry of Divorce Decree Manner of Service of Plaintiff's Notice to Request Entry of Divorce Decree BIFURCATION Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A 7 SECTION II MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: MARITAL ESTATE ANALYSIS AND DISTRIBUTION SCHEDULE DOM: 3121196 • DOS(Physical): 6124105 Dated: May 6, 2013 A B C D E F G H Binder 0 Description Date Net Value Distribution Distribute Distribute Calc Value Husband Wife REAL ESTATE AND REAL ESTATE MORTGAGES RE-1 H 1100 Greenspring, Newville, DOS Est 6.24.05 215,000 RE-1 H PaCFCU Mtg. DOS Est 6.24.05 (143,314) RE-1 J M&T Judgement (52,494) RE-1 H DOS Net Equity -- 19,192 RE-1 H 1100 Greenspring, Newville, PA DOM Est 3.21.96 115,000 RE-1 H PA Patriot FCU Mortgage Est 3.21.96 (98,000) RE-1 H DOM Net Equity -- 17,000 RE-1 H DOS Net Equity-Recap 6.24.05 19,192 RE-1 H DOM Net Equity-Recap 3.2.96 1( 7,000) RE-1 H Net Marital IncreaseNalue 2,192 2,192 2,192 RE-1 M&T Judgement was result of default on payment of foreclosure of 399 Carlisle Rd, Newville, PA Restaurant loan which was paid by Husband post separation MOTOR VEHICLES AND VEHICLE LIENS V-1 H 1985 Jetta 6.2.05 Minimal Minimal Minimal V-1 V-2 H H's 1989 Chevrolet Truck 6.24.05 Minimal Minimal Minimal V-2 V-3 W 1994 Jeep Grand Cherokee 6.24.05 Minimal Minimal Minimal V-3 8 MARITAL ESTATE ANALYSIS AND DISTRIBUTION SCHEDULE DOM: 3/21/96 • DOS (Physical): 6/24/05 Dated: May 6, 2013 A B C D E F G H Binder 0 Description Date Net Value Distribution Distribute Distribute Calc Value Husband Wife CASH, CHECKING AND SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES A-1 H H's PaCFCU #018 Share 5.31.05 446 A-1 H H's PaCFCU#018 Share Draft 5.31.05 3,297 A-1 H Net Equity - 3,743 3,743 3,743 A-1 Account closed 6.20.05 H H's Patriot FCU#5590 Prime Sh. 5.31.05 0 A-2 H H's Patriot FCU#5590 Escrow 5.31.05 0 A-2 H H's Patriot FCU#5590 Draft 5.31.05 0 A-2 H Net Equity 0 0 0 A-2 Account closed 6.20.05 A-3 W Unknown 0 0 0 A-3 PROFIT SHARING, PENSION PLANS AND RETIREMENT PLANS Ret-1 H Teamster's Defined Benefit Plan DOS TBD R-1 Pension started on 1/1/04 As of 12.31.04 pension payable @ $271.73 As of 12.31.05 pension payable @ $411.73 R-2 H Teamster's Retirement Income Plan DOS 6.24.05 133,588 R-2 H Teamster's Retirement Income Plan DOM 3.21.96 (27,531) R-2 H Net Marital Equity 106,058 106,058 106,058 R-2 12.31.04 value @ $131,273.61 12.31.05 value @ $142,288.04 Plan stopped as of 1/1/2004, and no further employer or employee contributions made into the plan. Subsequent Plan increases and decreases in value dependent on market investment fluctuations R-3 W W's T. Rowe Roll Over IRA DOS TBD R-3 W W's T. Rowe Roll Over IRA DOM TBD R-3 W Net Marital Equity TBD TBD TBD R-3 TOTAL-ASSETS 111,992 111,992 0 9 MARITAL ESTATE ANALYSIS AND DISTRIBUTION''SCHEDULE DOM 3121196 • DOS(Physical):6124/05 Dated: May 6, 2013 A B C D E F G H Binder 0 Description Date Net Value Distribution Distribute Distribute Calc Value Husband Wife LOANS, CREDIT'CARDS AND"OTHER"DEBTS D-1 J PaCFCU Visa 7.12.05 (7,104) (7,104) (7,104) D-1 Balance includes$2500 paid to attorneys as retainer for ice cream machine litigation. D-2 H Douglas Wiser (22,000) (22,000) (22,000) D-2 This loan was to reimbursement to brother for his$22,000 payment to the parties' M&T loan to release his lots from the lien resulting from him co-signing on this loan. D-3 H Douglas Wiser (20,000) (20,000) (20,000) D-3 Husband used these funds to pay M&T;the insurance,electric bills, etc for the restaurant property. D-4 H Helen Hutchinson (mother) (3,000) (3,000) (3,000) D-4 Payment of restaurant bills TOTAL- DEBTS 52104 52104 0 SUMMARY Description Total H Above W Above %to H %to H Above All Asset Totals 111,992.48 111,992.48 0 100.00% 0.00% Debt Total 52( ,103.83) 52 1( 03.83) 0 100.00% 0.00% Net Estate Totals 59,888.65 59,888.65 0 100.00% 0.00% 10 SECTION ill LISTING OF HOUSEHOLD GOODS AND OTHER PERSONAL PROPERTY The following Tables #3-A and # 3-13 set forth the household goods and contents and other personal property of the parties: ' Plaintiff does not believe there is or will be a dispute as to the parties household goods and contents and therefore, Tables #3-+A and #3-13 have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION BASIS IF NON-MARITAL Not in Dispute H & W Husband TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION BASIS IF NON-MARITAL Not in Dispute H & W Wife ' Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 11 SECTION IV NON-MARITAL ASSETS The following Table #4 sets forth the non-marital assets of the parties: 2 TABLE #4 NON-MARITAL PROPERTY AND DEBTS A B C D E F G # Description Marital Non-Marital Total Value Exclusion Method of Value Value Basis if Valuation & Non- Supporting Marital Documents 1 1100 Greenspring, Newville 19,192 17,000 36192 Premarital Deeds and document 2 Teamster's Pension TBD TBD TBD Premarital Documents 3 Teamsters Retirement 106,058 27,531 133,589 Premarital Statements Income Plan 4 Wife's T Rowe Price IRA TBD TBD TBD Premarital Documents 2 Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 12 SECTION V PENSIONS AND RETIREMENT BENEFITS The following Table #5 sets forth the listing of the pensions and retirement plans of the parties: TABLE #5 O Description Date Net Value Calc H Teamster's Pension Plan DOS TBD H Teamster's Pension Plan DOM TBD H Net Marital Equity -- 0 As of 12.31.04 pension payable 271.73 at age ?? H I Teamster's Retirement Income Plan DOS 6.24.05 133,588 H Teamster's Retirement Income Plan DOM 3.21.96 27,531) H Net Marital Equity -- 106,058 As of 12.31.05 value was $142,288.04 W W's T. Rowe Roll Over IRA DOS TBD W W's T. Rowe Roll Over IRA DOM TBD W Net Marital Equity -- TBD 13 SECTION VI. INCOME AND EXPENSES The following Table #6 sets forth the Plaintiff's income and monthly expenses of each party as reported on the Income and Expense Statement filed in this case: TABLE #6 INCOME OF THE PARTIES Party Date of Filing of I&E Income Expenses Statement TB D TBD TBD TBD Plaintiff's Income and ExpensE Statement will be filed prior to the hearing in this case. 14 SECTION VII COUNSEL FEES The following Table #7 sets forth the listing of Plaintiff's counsel fees and expenses. TABLE #7 COUNSEL FEES AND COSTS DESCRIPTION DATES, BILLS AND CHARGES Period Services Were Rendered 7.1.05 to Present Current Hourly Rate $250 per hour Total Amount of Fees and Costs to Date of this Statement 8,427.91 Anticipated Fees and Costs $3,000 Itemization of Services Rendered See Exhibit Section 15 SECTION VIII EXPERT WITNESSES The following Table #8 sets forth the listing of experts the party intends to call to testify in this case: TABLE #8 EXPERT WITNESSES NAME SUBJECT OF REPORT REPORT TO BE TESTIMONY ATTACHED SUPPLIED Experts who prepared any To be determined Report is attached if If not currently report referenced in the and to extent such available, Report to Proposed Exhibits in report is referenced be supplied as soon Section XI. in Exhibit Section. as available Plaintiff reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. SECTION IX OTHER WITNESSES The following Table #9 sets forth the listing of lay witnesses the party intends to call to testify in this case: TABLE #9 LAY WITNESSES NAME SUBJECT OF TESTIMONY Plaintiff, Curtis Wiser History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code Plaintiff reserves the right to present additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. 16 SECTION XI PROPOSED RESOLUTION The following is Plaintiff's proposed resolution of the issues presented in this case: 1. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301 c or 3301 d. 2. COUNSEL FEES AND COSTS: Wife's claim for counsel fees and costs should be denied. 3. APL: Wife's claim for APL should be denied. 4. EQUITABLE DISTRIBUTION: The parties' Marital Estate shall be divided and distributed 60% to Husband and 40% ro Wife as shown on the following distribution schedule MARITAL ESTATE DISTRIBUTION SCHEDULE Dated: May 6, 2013 A B C D E F G H Binder 0 Description Date Net Value Distribution Distribute Distribute Calc Value Husband Wife REAL ESTATE AND REAL ESTATE MORTGAGES RE-1 H 1100 Greenspring, Newville, DOS Est 6.24.05 215,000 RE-1 H PaCFCU Mtg. DOS Est 6.24.05 (143,314) RE-1 J M&T Judgement (52,494) RE-1 H DOS Net Equity -- 19,192 RE-1 H 1100 Greenspring, Newv;le, PA DOM Est 3.21.96 115,000 RE-1 H PA Patriot FCU Mortgage Est 3.21.96 (98,000) RE-1 H DOM Net Equity -- 17,000 RE-1 H DOS Net Equity-Recap 6.24.05 19,192 RE-1 H DOM Net Equity-Recap 3.2.96 1( 7,000) RE-1 H Net Marital Increase/Value 2,192 2,192 2,192 RE-1 M&T Judgement was result of default on payment of foreclosure of 399 Carlisle Rd, Newville, PA Restaurant loan which was paid by Husband post separation MOTOR VEHICLES AND VEHICLE LIENS "' V-1 H 1985 Jetta 6.2.05 Minimal Minimal Minimal V-1 17 MARITAL ESTATE DISTRIBUTION SCHEDULE Dated: May 6, 2013 A B C D E F G H Binder 0 Description Date Net Value Distribution Distribute Distribute Calc Value Husband Wife V-2 H H's 1989 Chevrolet Truck 6.24.05 Minimal Minimal Minimal V-2 V-3 W 1994 Jeep Grand Cherokee 6.24.05 Minimal Minimal Minimal V-3 CASH, CHECKING AND SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES A-1 H H's PaCFCU#018 Share 5.31.05 446 A-1 H H's PaCFCU#018 Share Draft 5.31.05 3,297 A-1 H Net Equity -- 3,743 3,743 3,743 A-1 Account closed 6.20.05 H H's Patriot FCU#5590 Prime Sh. 5.31.05 0 A-2 H H's Patriot FCU#5590 Escrow 5.31.05 0 A-2 H H's Patriot FCU#5590 Daft 5.31.05 0 A-2 H Net Equity -- 0 0 0 A-2 Account closed 6.20.05 A-3 W Unknown 0 0 0 A-3 PROFIT SHARING, PENSION PLANS AND RETIREMENT PLANS Ret-1 H Teamster's Defined Benefit Plan DOS TBD R-1 Pension started on 1/1/03 As of 6.05 pension payable @$341.30 R-2 H Teamster's Retirement Income Plan DOS 6.24.05 133,588 R-2 H Teamster's Retirement Income Plan DOM 3.21.96 (27,531) R-2 H Net Marital Equity -- 106,058 106,058 82,103 23,955 R-2 Plan stopped as of 1/1/2003, and no further employer or employee contributions made into the plan. Subsequent Plan increases and decreases in value dependent on market investment fluctuations R-3 W W's T. Rowe Roll Over IRA DOS TBD R-3 W W's T. Rowe Roll Over IRA DOM TBD R-3 W Net Marital Equity -- TBD TBD TBD R-3 TOTAL-ASSETS 111,992 88,037 23,955 18 MARITAL ESTATE DISTRIBUTION SCHEDULE Dated: May 6, 2013 A B C D E F G H Binder 0 Description Date Net Value Distribution Distribute Distribute Calc Value Husband Wife LOANS, CREDIT CARDS AND OTHER DEBTS D-1 J PaCFCU Visa 7.12.05 (7,104) (7,104) (7,104) D-1 Balance includes$2500 paid to attorneys as retainer for ice cream machine litigation. D-2 H Douglas Wiser (22,000) (22,000) (22,000) D-2 This loan was to reimbursement to brother for his$22,000 payment to the parties' M&T loan to release his lots from the lien resulting from him co-signing on this loan. D-3 H Douglas Wiser (20,000) (20,000) (20,000) D-3 Husband used these funds to pay M&T;the insurance, electric bills, etc for the restaurant property. D-4 H Helen Hutchinson (mother) (3,000) (3,000) (3,000) D-4 Payment of restaurant bills TOTAL- DEBTS 5( 2"104) 52104 0 SUMMARY Description Total H Above W Above %to H %to H Above All Asset Totals 111,992.48 88,037.48 23,955 78.61% 21.39% Debt Total 52 103.83 52j ,103.83) 0 100.00% 0.00% Net Estate Totals 59,888.65 35,933.65 23,955 60.00% 40.00% 19 SECTION XI. PROPOSED EXHIBITS The following Table #11 sets forth the exhibits the party intends to submit at the hearing in this case. Plaintiff reserves the right to submit additional exhibits upon proper notification to the other party TABLE#11 LISTING OF EXHIBITS No Exhibit Description Attached Provided Provide or Update INCOME AND EXPENSES 1 Husband"s I&E Statement X 2 Husband's Pay Stubs X 3 Husband's 2012 Income Tax Return X SUPPORT 4 2.7.06 Support Order X ATTORNEYS FEES 5 Husband's Summary & Itemized Billing Statement X ASSETS AND DEBTS 6 Marital Distribution Schedule X 7 7.29.05 Appraisal of Real Estate X 8 5.31.05 Mortgage Statement X 9 M&T Judgement X 10 Real Estate Deed X 11 Patriot Mortgage X 10 Patriot Loan Amortization X 11 PA Central FCU Acct. #7-018 5.31.05 Statement X 12 Patriot Bank Account#5590 5.31.05 Statement X 13 Teamster's Pension Fund Letter dated 4.10.13 X 14 PA. Central FCU #3809 Visa 7.12.05 Statement X 20 NOTES ON EXHIBITS: 1. The original exhibits or copies thereof are not filed of record at this time. 2. If any exhibit is marked as "Attached" copies of those Exhibits are provided to the following: a. Plaintiff Defendant b. Divorce Master 21 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 (Counsel for Defendant) Service by Hand Delivery to the Divorce Master at the following Address:_ E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street, Carlisle, PA 17013 (Divorce Master) Date: May 8, 2013 G ADCLIFF, ESQUIRE ��forney Registration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff 22 D. CURTIS WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSY-�VANIAC— r•.a -I-, g: V. NO. 05-3650 CIVIL TERM MM .c. '7 i Y ' TERRI A. WISER CIVIL ACTION — LAW ry Ul Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT CJ- 1 Yt . A Complaint in Divorce under§ 3301(c)of the Divorce Code was filuBrP JuCy-19, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification authorities. e Date: ' (� i 3 D. Curtis Wiser PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Q r D. Curtis Wiser cr ^ ^ -;1 . CZ " D. { URT|S0.SER. IN THE COURT OF COwvmvOm r rn " ' Plaintiff ' �^ V. NO. 05-3850 CIVIL TERM ��= �� cp TERR| A. WISER ' �|����|�N— �� �� . -+ t� Defendant IN DIVORCE DIEFENDANT'S AFFID"IT OF CONSENT -< 1. AComplaint in Divorce under§3301(c)of the Divorce Code was filed July iS. 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date pf filing and service of the Complaint. 1 | consent to the entry of final Decree in Divorce after service of notice of intention to request entry of the Decree. | verify that the statements made in this Affidavit are true and m)rnaot to the best of my know!adga, information and belief. | understand that false statements herein are made subject hothe penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ` Date: / Terri A. Wiser DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERF4 3301 (c)OF THE DIVORCE CODE 1. I consent to the entry ofa final Decree of Divorce without notice. 2. | understand that | may koea rights concerning a|innony, division ofproperty, lavvveha fees or expenses if| do not claim them before a divorce iegranted. 3. | understand that| will not bedivorced until 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. | verify that the statements made in this Affidavit are bum and correct to the best of my kncnwedWm, information and belief. | understand that false statements hona|n are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ` Oahe: Terri A.Wiser �����U D. CURTIS WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3650 CIVIL TERRIE A. WISER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2013, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated September 19, 2013 , 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, "0. '44, Ke;�A A. Hess, P.J. cc: -- Diane G. Radcliff Attorney for Plaintiff ..�arylou Matas Attorney for Defendant ` M M -0�1 =:I-, -V crs ry CD `. ? o ,/V1 y--« a �L 't X CD « i# T11i� J � 2113 SEP 20 Fri 2* 9 Cl!pENNSYLVAP�A T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER, : Plaintiff NO. 05-3650 CIVIL TERM V CIVIL ACTION - LAW TERRIE A. WISER, IN DIVORCE Defendant MARRIAGE SETTLE NT AGREEMENT THIS AGREEMENT made this L- day of , 2013 and between A. TERRIE WISER, ("Wife") of Cumberland County, PA, nd D. CURTIS WISER, ("Husband") of Cumberland County, PA. WITNESSETH WHEREAS,the parties hereto are husband and wife. The parties were married on March 22, 1996 in Cumberland County, PA, and separated on June 24, 2005; and WHEREAS, the parties are the parents of two (2) children, Tony and Heather, who are both emancipated; and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. - 1 - NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto,Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: DEFINITIONS, REPRESENTATION AND DISCLOSURES 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. DEFINITIONS. (A) Divorce Code. The term "Divorce Code"or"Cade" is defined as Pa.C-S.A Section 101 et seq., as amended, or any successor statute thereto. (B) Internal Revenue Code. The phrase"Internal Revenue Code"is defined as the Internal Revenue Code o€1988, as amended, or any successor statute thereto. References to sections in the Internal Revenue Code shall reference the sections in existence as of the date of this Agreement. (C) Asset. The word "asset" is defined as anything of value including, but not limited to, real and personal property, tangible and intangible property and all financial interests however held. (D) Date of Execution. The phrases "date of execution," "execution date," or date of this Agreement" are defined as the date that the last person signs this Agreement. (E) Date of Distribution. Except where otherwise indicated in this Agreement, the phrase "date of distribution" is defined as the date of execution of this Agreement. (F) Effective Date of Agreement. This Agreement shall become effective and binding upon the parties upon the execution of this Agreement by both parties. 3. VOLUNTARY EXECUTION AND ADVICE OF COUNSEL. The parties acknowledge that: (A) Prior to the execution of this Agreement, - 2 - (1) Each party has read this Agreement,fully understands the provisions of this Agreement and the legal effect thereof, and has full and complete knowledge of his or her legal rights and obligations relating to matters governed by the Agreement. (2) Each party has been advised of his or her right to be advised by an attorney of his or her choosing. (3) Each has received independent legal advice from counsel of his or her selection, Marylou Matas, Esquire for Wife and Diane G. Radcliff, Esquire for Husband. (4) The provisions of this Agreement and the legal effect thereof, have been fully explained to the parties by their respective counsel. (B) Each party is entering into this Agreement freely and voluntarily, and not as a result of any duress or undue influence. (C) This Agreement is not the result of any collusion or improper or illegal agreement or agreements. 4. DISCLOSURE, AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the following procedural and substantive rights, all of which are hereby waived: (A) Inventory. The right to obtain from the other party a complete inventory or list of all of the property owned by the parties individually or jointly at this time and as of the date of separation; (B) Valuation. The right to have all such property valued by means of appraisals or otherwise; (C) Income and Expense Statement. The right to obtain from the other party an income and Expense Statement setting forth the party's income and expenses and including the party's pay stubs or income for the last six months and the parties last filed income tax return; (D) Pjgg2M. The right to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; (E) Hearings and Court Decision. The right to have a Court hold hearings and - 3 - make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 5. FINANCIAL DISCLOSURE. (A) Full and Fair Disclosure. Each party made a full and fair disclosure of his or her property, income and financial obligations. Based upon that disclosure, each party has full and adequate knowledge of the financial condition,nature and character of the other party including his or her income, estate, property, debts and general financial condition. That full and fair disclosure includes, but is not limited to, disclosure of each party's income and financial resources and obligations and of the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement including the following to the extent applicable to this case: Real Property and Real Estate Mortgages; Motor Vehicles and Vehicle Liens; Stocks, Bonds, Securities and Options; Certificates of Deposit;Checking Accounts,Cash;Savings Accounts,Money Market and Savings Certificates; Contents of Safe Deposit Boxes; Trusts; Life Insurance Policies; Annuities; Gifts; Inheritances; Patents, Copyrights, Inventions, Royalties; Personal Property Outside the Home, Business; Employment Termination Benefits-Severance Pay,Worker's Compensation; Profit Sharing Plans;Pension Plans; Retirement Plans,Individual Retirement Accounts; Disability Payments; Litigation Claims (matured and unmatured); Military/V.A. Benefits; Education Benefits; Debts Due, including loans, mortgages held; Household Furnishings and Personalty; Other Assets: Loans, Credit Cards and Other Debts. (B) Waiver of Additional Disclosure. Each of the parties voluntarily and expressly waives any right to disclosure of the property or financial obligations of the other party beyond the disclosure herein provided. DIVORCE 6. DIVORCE DECREE. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, PA docketed to No. 05-3650. With respect to that divorce action the parties agree as follows: (A) No-Fault Divorce. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above referenced divorce action. -4 - (B) Affidavits and Waivers. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents cannot be signed upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice for filing with the Court. (C) Finalizing Divorce. On or about December 26, 2013, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. It is understood that the entry of the divorce decree is being postponed to provide Wife with health insurance coverage through the Teamsters through December 26, 2013. (D) Withdrawal of Claims. If either party has filed a counterclaim, counter- affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by this Agreement, and he or she shall withdraw any such claims or filings that may be required for the prompt entry of the Divorce Decree., 7. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. DISTRIBUTION OF PROPERTY AND DEBTS 8. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 9. DISTRIBUTION OF REAL ESTATE. Husband is the sole owner of real estate known and numbered as 1100 Greenspring Road, Newville, PA 17241, which was acquired by him prior to the parties marriage. ('the Real Estate"). The Real Estate is encumbered with a mortgage and a home equity loan owed to Orrstown Bank, - 5 - ("the Mortgages"). There has been no marital increase in value of the Real Estate The Real Estate and the Mortgages shall be divided and distributed in accordance with the following: (A) Distribution The Real Estate is awarded and distributed to Husband subject to all liens,encumbrances,covenants and restrictions of record including,but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. (B) Waiver. Wife hereby waives, releases, quit claims and forever abandons any right title interest and claim she may have in the Real Estate. (C) Liens, Encumbrances and Expenses. Husband shall hereafter be solely responsible for and shall timely make payments for the Mortgages, applicable mortgage escrow payments, real estate taxes, other municipal liens, home owners and casualty insurance and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future,and shall indemnify,protect and save Wife harmless therefrom. Proof of payment shall be provided to Wife upon request. (D) Itemized Tax Deductions. For the 2013 income tax year and every year hereafter Husband will be entitled to claim the itemized income tax deductions arising out of the payment of the Mortgages and Real Estate Taxes. 10. VEHICLE(S)AND VEHICLE LOAN(S). The parties'vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith ("Vehicle Loan"), shall be divided and distributed as follows: (A) To Wife. Wife is awarded and distributed the following Vehicles: (1) The 1994 Jeep Grand Cherokee; (2) Any other vehicle titled in Wife's sole name. (B) To Husband. Husband is distributed the following Vehicles: (1) The 1985 VW Jefta; (2) The 1989 Chevrolet Truck; - 6 - (3) Any other Vehicle titled in Husband's sole name P Vehicle Insurance. Each party shall be responsible for securing and maintaining his or her insurance on the Vehicles assigned to him or her by this Agreement. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and all incidents and accidents involving his or her Vehicles. (D) Encumbrances. Each party will be solely responsible for the timely payment of any loans, liens or other debts encumbering the title to the Vehicles assigned to him or her. (E) Registration. If any of the foregoing Vehicles are jointly owned, the party transferring the vehicle shall provide the other party with the registration cards for that vehicle and will hereafter execute all document required to maintain that registration until the title and license plate to the Vehicle can be transferred into the receiving party's sole name, 11. INVESTMENTS. The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: (A) To-Wife. There are no marital Investments being distributed to Wife. (B) To' Husband. There are no marital Investments being distributed to Husband. 12. ACCOUNTS. The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: (A) To Wife. Wife is awarded and distributed the following Accounts as her sole and separate property: (1) F&M Trust account#3398. (2) Adams County National Bank account#1744. (3) Any other Accounts held in Wife's sole name. (B) To Husband. Husband is awarded and distributed the following Accounts as his sole and separate property: (1) PA Central F.C.U. account#018. - 7 - (2) Any other Accounts held in Husband's sole name (C) Prior Distributions and Deposits. The distribution of the foregoing Accounts takes into consideration any withdraws or deposits either party may have made into the Accounts prior to the date of this Agreement, which except as specifically provided herein those prior withdrawals and deposits are hereby ratified by and made a part of this Agreement. Therefore, if a party is assigned an Account, that assignment will include the current balance therein plus any amounts which a party may have withdrawn from that account prior to the date of this Agreement. 13. LIFE INSURANCE. The parties' life insurance policies and the cash value thereof shall be divided and distributed as follows: (A) To Wife. There are no marital life insurance policies having any cash value being distributed to Wife. (B) To Husband. There are no marital life insurance policies having any cash value being distributed to Husband. 14. RETIREMENT PLANS. The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (A) To Wife. Wife is awarded and distributed the following retirement plan(s)as her sole and separate property: (1) A flat dollar amount of $63,500 from Husband's Teamsters Retirement Income Plan together with investment gains or losses attributable to the assigned amount from January 1, 2013 to the date the awarded amount is distributed to the Wife. The distribution to be made to Wife shall be made to her pursuant to a Domestic Relations Order("DRO")to be prepared by Husband's attorney. (2) 50% of the marital portion of Husband's Teamster's Defined Benefit plan to be paid to Wife on a deferred basis as benefits are received. The marital portion is defined as the monthly benefit multiplied by a fraction the numerator of which is the years of marriage from 3/21/96 to 6/24/05, and the denominator of which is the total years of service. The distribution to be made to Wife shall be made to her pursuant to a Domestic Relations Order ("DRO") to be prepared by Wife's attorney. (3) The entry of the DROs referenced above may be delayed at Wife's election to provide her with adequate time to negotiate a settlement of her outstanding tax liens and obligations. (B) To Husband. Husband is awarded and distributed the following retirement plan(s) as his sole and separate property: (1) Husband's Teamsters Defined Benefit Plan less the amount awarded to Wife in subparagraph (A) above. (2) Husband's Teamsters Retirement Investment Plan less the amount awarded to Wife in subparagraph (A) above. (C) Waiver. Any interest that either party may have,or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary,contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. 15. PERSONAL PROPERTY. The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: (A) To Wife. All items of personal property in the possession of Wife. (B) To Husband. All items of personal property in the possession of Husband. 16. DEBTS. The parties' marital debts, loans, credit cards balances and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (A) To Wife. Wife shall be solely liable for and shall timely pay the following debts, subject to the negotiation of the amount thereof by Wife: (1) Any outstanding tax liens and liabilities arising out of the ownership and operation of the former Crossroad's Restaurant (2) Any credit cards, loans, debts and liabilities incurred in Wife's - 9 - individual name. (B) To Husband. Husband shall be solely liable for and shall timely pay the following debts: (1) Joint Pa.Central F.C.U. Visa (2) Husband's brother, Douglas Wiser (3) Husband's Mother, Helen Hutchinson (4) Miscellaneous Restaurant bills previously paid by Husband (5) Any other credit cards, loans, debts and liabilities incurred in Husband's individual name. 17. PROFESSIONAL FEES. Husband shall pay $5,000 towards Wife's professional fees(accountant and attorney)to be paid to Wife's Attorney in monthly installments of$417.00 each, starting on October 1_,2013 and monthly thereafter on the same day of each month until paid in full. 18. MISCELLANEOUS DISTRIBUTION PROVISIONS. The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: (A) As Is Condition. Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she has had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible assets and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. (B) Title Transfer. If appropriate, for effectuating the transfers as herein provided,those titles shall be executed and delivered to the appropriate parry on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph, the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (C) Personalty Transfer. If either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession - 10 - no later than thirty (30) days from the date of this Agreement. (D) Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. (E) Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. (F) Debt Balances and Prior Payments. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (G) indemnification. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (H) After Acquired Debts. Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. Cancellation of Joint Debts. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. - 11 - (J) Non-Disclosed Liability. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable, 19, NON-MARITAL PROPERTY. Except as otherwise specifically herein distributed, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, prior to the parties' marriage, since the date of the parties' marital separation, or by way of gift or inheritance, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said property of the other party pursuant to the terms of this Paragraph. 20. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, now, or in the future, received by the other party. 21. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset,benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. COUNSEL FEES, SUPPORT, ALIMONY AND CUSTODY 22. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. - 12 - 23. ALIMONY,APL,AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite,spousal support and maintenance. The existing spousal support order entered to Docket No 00016 S 2006, PACSES NO. 553107942 shall terminate effective September 19, 2013. 24. HEALTH INSURANCE. Husband currently provides health insurance coverage on Wife through the Teamsters, and shall continue to provide that health insurance coverage until the date of the entry of the Divorce Decree, provided it is available to him at no cost. Wife shall be entitled to elect Cobra coverage under Husband's Teamsters insurance policy to the extent and as provided by federal rules and regulations provided that Wife shall be solely responsible for the payment of the costs and premiums associated with that elected Cobra coverage. TAX MATTERS 25. PRIOR INCOME TAX RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. CURRENT INCOME TAX RETURNS. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 27. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 28. NO TAX ON PROPERTY DIVISION. Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the - 13 - transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. MISCELLANEOUS 29. MUTUAL RELEASES. Except as otherwise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement,the parties do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, including, but not limited to the following: (A) Estate Rights. Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to any claims under the Will of a party executed after the date of this Agreement. (B) Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. (C) Waiver of Beneficiary Designation. Unless otherwise specified in this Agreement each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shall be deemed to be the estate of the deceased party. 30. BREACH. if for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and - 14 - remedies in addition to any remedies provided in law or in equity: (A) Divorce Code Remedies. The Right to all remedies set forth in Section 3502(e)of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. (B) Damages. The right to all damages arising out of breach of the terms of this Agreement. (C) Distribution of Undisclosed Assets. To have the Court distribute any asset having a value of$500.00 or more,of which there has been no full and fair disclosure. (D) Attorneys Fees and Costs. Reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement, (E) Considerations for Reasonable Attorneys Fees Any award of "reasonable attorney's fees" as used in this Paragraph shall be based on consideration of(1) the hourly rate charged; (2)the services rendered; and (3)the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. (F) Breach Notice. In the event of an alleged breach of any term of this Agreement,the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 31. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets - 15 . and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 32. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 33. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5)business days of request, take any and all steps and execute,acknowledge and deliver to the other party,any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 35. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 36. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 37. SEVERABILITY. 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 respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. - 16 - 38. GENDER AND NUMBER. Where appropriate to the context, pronouns or other terms expressed in one number or gender shall be deemed to include the other number or gender, as the case may be. 39. HEADINGS. The headings used in this agreement have been inserted for descriptive purposes only and are not considered to be part of this Agreement nor have any legal effect in the interpretation of this Agreement., 40. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 41. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original, WITNESS: HUS :7 ND: (SEAL) D. CURTIS WISER Date: ~��-----�. WITNESS: WIFE: aAlu (SEAL) A. tERRIE WISER Date: 9 1 /9-11 - 17 - COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the day of t�Q—CALy,� 2013, before me the undersigned officer, personally appeared, D. CURTIS WISER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. NOTAR .. 6BLIC My Commission Expires: INMtmby"OF Dww G.==ry Public COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the I t—day of 2013, before me the undersigned officer, personally appeared,A.TERRIP WISER, known to me(or satisfactorily proven)to be the person whose name is subscribed to the within Agreement,and acknowledged that she executed the same for the purposes therein contained. c i 90i*,cu IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. i"M ok- Wr 04167 N RY PUBLIC PU LIC y v Commission Expires: MMMOWWWTH OF"NWLLVANIA "Otwial Sul Mm G.Ruiciff,Notary PWIc CAM HKI am%ox"Ww cowty my cwwv*wn sow ion.il,2016 MU4Wk p&MMVAIM j9',sOQA— TJON OF NffA$M DANIEL C. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 05-3650 CIVIL TERM TERRIE A. WISER, IN DIVORCE Defendant/Petitioner PACSES Case No: 621107952 r rr, M ORDER OF COURT Syr' r—Z —+c .<c:) .p c za c, MC) 1 c �a CD AND NOW to wit, on this 23rd day of September, 2013, it.is hereby Order d-;fl}at tae Alimony Pendente Lite order is terminated effective September 19, 2013 pursuant to the parties' Marriage Settlement Agreement of September 19, 2013. The APL account is closed with a credit of$393.34 that the parties will resolve outside of the Domestic Relations Section. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: e J. DRO: R.J. Shadday xc: Petitioner Respondent Diane G. Radcliff, Esq. Marylou Matas, Esq. Form 0E-001 Service Type:M Worker:21005 y INCOME WITHHOLDING FOR SUPPORT u��5 O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) t.D O AMENDEDIWO O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT O 2 5 — J1,rD C)v Q TERMINATION OF two �.� Date: 09/23/13 ❑_, —S-Aort En orcemeAt(GSE),Aggnncy• 4 ° NO Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:Thi WO musttlFula 6it(s; at64OUnder cerfain circumstances you must reject this IWO and return it to the sender(see IWO instructions http•//www acf hhs gov/programs/cse/newhire/employer/,.publication/publication htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Staterrribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 1859101600 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) NEW PENN MOTOR EXPRESS INC RE: WISER, DANIEL C. 625 S 5TH AVE Employee/Obligor's Name(Last, First,Middle) PO BOX 630 186-50-4750 LEBANON PA 17042-0630 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN 232209533 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions http://www,acf,hhs.aov/programs/cse/newhire/ employer/publication/publication.htm-forms).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 2322095330 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts ffrr6V_ th mplp'yee/ obligors income until further notice. MCO $ 0.00 per month in current child support-W;:o $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? Q yJ6Q $ 0.00 per month in current cash medical support I-- --'c=- $ 0.00 per month in past-due cash medical support r�r o $ 0.00 per month in current spousal support ro c;�-- $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) CD for a Total Amount to Withhold of$ 0.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle,withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period(twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10 working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.clov/programs/cse/newhire/employer/contacts/contact map htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:097"154 Form EN-028 06/12 Service Type M Worker ID $IATT . Y ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: S L. POW Title of Judge/Issuing Official: Date of Signature: If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http:/Iwww acf hhs gov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits,you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-028 06/12 Service Type M Page 2 of 3 Worker ID$IATT � L Employer's Name: NEW PENN MOTOR EXPRESS INC Employer FEIN: 232209533 Employee/Obligor's Name: WISER, DANIEL C. 1859101600 CSE Agency Case Identifier:(See Addendum for case summa Order Identifier:(See Addendum for order/docket information) Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes;statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State (WO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2322095330 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE, PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)_240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-028 06/12 Service Type M Page 3 of 3 Worker ID $IATT ADDENDUM Summary of Cases.on Attachment Defendant/Obligor: WISER, DANIEL C. PACSES Case Number 621107952 PACSES Case Number Plaintiff Name Plaintiff Name TERRIE A.WISER Docke Attachment Amount Docke Attachment Amount 2005-3650 CIV $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff.Name Plaintiff Name Docket Attachment Amount Docke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT f ,'TI 'i L), ,.. :13 DEC 23 3: r4 PENNSYLVANIA D. CURTIS WISER, • NO. 05-3650 CIVIL TERM • Plaintiff : CIVIL ACTION-LAW v. • IN DIVORCE • TERRIE A. WISER, • Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 07/19/2005 b. Manner of Service of Complaint: Sheriff- Personal Service c. Date of Service of Complaint: 07/27/2005 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 07/10/2013 b. Defendant: 07/10/2003 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated September 19, 2013, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiffs Waiver: 07/12/2013 b. Defendant's Waiver: 07/12/2013 • D e E G. A DCLIFF, ESQUI E 3448 rindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D. CURTIS WISER V. TERRIE A. WISER NO. 05-3650 CIVIL TERM DIVORCE DECREE AND NOW, P� �j 0131 it is ordered and decreed that D. CURTIS WISER , plaintiff, and TERRIE A. WISER , 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.") No issue are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated September 19, 2013. By the Court, ooe��,--Ooe Attest: J. Prothonot // C`Ier+ Copy D-oi led 4o attil I a.dcli f l Vance (Yai lei °�o dl