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Home My WebLink About06-0667MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ETHEL C. WENGER, Plaintiff V. THOMAS L. WENGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01o - 4,0 / Cr u t Lc-7??jrj CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Defendant. You may lose money or property or other rights important to you. 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, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 1S GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone 1-800-990-9108 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff _ ETHEL C. WENGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS L. WENGER, Defendant NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se deftende, el caso puede proceder sin usted y decreto de divorcio o anuiamiento puede ser emitido en su contra por la Corte. Una decision puede tambien set emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en Cumberland County Court of Common Pleas, Carlisle, Pennsylvania, 17013. ST USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. Sl NO TIENE O NO PUEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South St. P.O. Box 186 Harrisburg, PA 17108 Telefono: (800) 692-7375 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ETHEL C. WENGER. IN THE COURT OF COMMON PLEAS OF Plaintiff V. THOMAS L. WENGER, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. U(P -4L,7 CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE Plaintiff is ETHEL C. WENGER, an adult individual who has resided at 207 Clouser Road, Mechanicsburg, Cumberland County, Pennsylvania, for the past thirty-five years. Defendant is THOMAS L. WENGER, an adult individual who has resided at 9 Richland Lane, Apartment 205, Camp Hill, Cumberland County, Pennsylvania for the past year. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 11, 1964, in Haddonfield, New Jersey. A prior Divorce Complaint in this matter was filed by Defendant in Dauphin County on September 6, 2005, at Docket Number of 2005 CV 3761 DV, but was intended to be filed in Cumberland County. The parties do not intend to pursue any divorce action in Dauphin County. 6. Neither of the parties in this action is presently a member of the Armed Forces. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I - DIVORCE 10. The Plaintiff avers that the ground on which the action is based is as follows: (a) Defendant has offered such indignities to Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable. COUNT II - EQUITABLE DISTRIBUTION AND INSURANCE POLICIES 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 12. There exist certain contracts or policies insuring the life of Defendant. 13. The said contracts or policies are vital to Plaintiff to insure her support, maintenance, and/or alimony, and other rights, and the support and maintenance of Plaintiff should Defendant die. COUNT III - ALIMONY 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff is unable to sufficiently support herself through appropriate employment. 16. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. COUNT IV - ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case and in the employment of counsel and the payment of costs. 18. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 19. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 20. Defendant has adequate earnings to provide for Plaintiff's support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a Decree in Divorce; b. Equitably distribute all property, both personal and real, owned by the parties; C. Compel Defendant to pay alimony pendente late to Plaintiff; d. Grant Plaintiff attorney's fees and costs; e. Compel Defendant to pay post-divorce alimony to Plaintiff, and f. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: January 30, 2006 By: / v?Iut_ Lv nx ` MARIA . CO N + TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, ETHEL ALICE WENGER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ETHEL ALIC ENGER DATE: 1 3C ?D(p CJ 4Q. _ <n ca MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ETHEL C. WENGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS L. WENGER, Defendant NO. 06-667 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby accept service of a true and correct copy of the Complaint in Divorce directed to my client, THOMAS L. WENGER, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). Z_ A2 ? CONSTANCE P. BRUNT, ESQUIRE DATE: 74e) 5...' ?-l ? 'l} ,? -t 1l ?J 1 ?. '?.. ?? j Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cl2brunti*CPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Counterclaim : CUMBERLAND COUNTY, PENNSYLVANIA Defendant . : CIVIL ACTION - LAW V. NO. 06-667 CIVIL TERM THOMAS L. WENGER, . Defendant/Counterclaim : Plaintiff : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 PROVIDE 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1 (800) 990-9108 -2- Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cabruntt%CPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff ETHEL C. WENGER, Plaintiff/Counterclaim Defendant V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-667 CIVIL TERM THOMAS L. WENGER, Defendant/Counterclaim : Plaintiff : IN DIVORCE COUNTERCLAIM FOR DIVORCE AND NOW, comes the Defendant/Counterclaim Plaintiff, THOMAS L. WENGER, by and through his counsel, CONSTANCE P. BRUNT, ESQUIRE, and files this Counterclaim as follows: 1. Defendant/Counterclaim Plaintiff is THOMAS L. WENGER, an adult individual, who currently resides at 107 Drexel Hills Park Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Plaintiff/Counterclaim Defendant is ETHEL C. WENGER, an adult individual, who currently resides at 207 Clouser Road, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant/Counterclaim Plaintiff and Plaintiff/Counterclaim Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Defendant/Counterclaim Plaintiff and Plaintiff/Counterclaim Defendant were married on June 11, 1964, in Haddonfield, New Jersey. 5. There was a prior action of divorce or for annulment between the parties in Dauphin County, Pennsylvania, docketed to No. 2005 CV 3761 DV, which was discontinued on February 13, 2006. The instant action was initiated by Plaintiff/Counterclaim Defendant on February 1, 2006. 6. The Defendant/Counterclaim Plaintiff and Plaintiff/Counterclaim Defendant are both citizens of the United States of America. 7. The Plaintiff/Counterclaim Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Defendant/Counterclaim Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Defendant/Counterclaim Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken and the parties have resided separate and apart in excess of two years. 10. Defendant/Counterclaim Plaintiff requests the Court to enter a -2- Decree in Divorce. WHEREFORE, Defendant/Counterclaim Plaintiff prays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties. Respectfully submitted, DATED: 4/6?67 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cabrunl@CPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff -3- VERIFICATION I verify that the statements made in the foregoing Counterclaim For Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to un n falsification to authorities. DATED: 4ISle,7 TH S L. W G , Defendant/Counterclaim Plaint' CERTIFICATE OF SERVICE 1, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the ?/4_. day of e, , 20071 1 served a true and correct copy of the foregoing Counterclaim For Divorce by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff/Counterclaim Defendant CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbruntft_CPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff n? C-n 4106- Constance P. Brunt, Esquire Supreme Court ID 029933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cabruntdkCPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Counterclaim : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW V. NO. 06-667 CIVIL TERM THOMAS L. WENGER, Defendant?Counterclaim : Plaintiff : IN DIVORCE NOTICE TO THE PLAINTIFF/COUNTERCLAIM DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. DEFENDANT/COUNTERCLAIM PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 1, 2005, and have continued to live separate and apart for a period of at least two years. a -- 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to relating to unsworn falsification to authorities. DATE: q /S` c 7 THOMAS Defendan of 18 Pa.C.S. §4904 E PI -2- CERTIFICATE OF SERVICE 1, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the ?14-' day of /' , 2007, 1 served a true and correct copy of the foregoing Defendant/Counterclaim Plaintiff s Affidavit under Section 3301(d) of the Divorce Code by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff/Counterclaim Defendant ZV 44T7 4 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cabrunW-CPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff -3- r.? P -- ? t? T ? ' i ?_.. 1 ?•?? ??? i wJ ... ? ? 1 _. { .-y ? ? 1..1 i i ? r tl _ ...f,., ' 1' ll {,a.,? • • ?,_J ? i ? ? i MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ETHEL C. WENGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS L. WENGER, Defendant : NO. 06-667 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S COUNTER AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a), (b), or (c): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): - (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. X (c) I oppose the entry of a divorce decree on a bifurcated basis but do not oppose the entry of a divorce decree once the economic issues have been settled or determined. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: , I f ETHEL C. WENGER NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. O m r ' r*i rn:13 4 rv "? ll-1 ? fC'1 ti CJI { Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbru nt(aCPBruntLaw.com Attorney for Defendant ETHEL C. WENGER, Plaintiff V. THOMAS L. WENGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION -SUPPORT NO. 890 S 2005 : PACSES NO. 070107741 ETHEL C. WENGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW THOMAS L. WENGER, NO. 06-667 Defendant : IN DIVORCE STIPULATION OF CONFIDENTIALITY AND NOW, come Plaintiff, ETHEL C. WENGER (hereinafter "Wife"), her counsel, MARIA P. COGNETTI, ESQUIRE (hereinafter "Counsel for Wife"), Defendant, THOMAS L. WENGER, ESQUIRE, (hereinafter "Husband"), his counsel CONSTANCE P. BRUNT, ESQUIRE (hereinafter "Counsel for Husband"), WIX, WENGER & WEIDNER, P.C. (hereinafter "the Law Firm"), and GREGORY A. CRUMLING, CPA (hereinafter "Wife's accountant') and stipulate as follows: 1. Husband and Wife are parties to the above-captioned support and divorce proceedings, in which the assets, liabilities and sources and amounts of income of each of them are relevant for determination of all claims raised therein. 2. Husband is an attorney licensed to practice in the Commonwealth of Pennsylvania and is a principal and shareholder in the law firm known as WIX, WENGER & WEIDNER, P.C. 3. As licensed attorneys, Husband and all members of the Law Firm are subject to the Pennsylvania Rules of Professional Conduct, which prescribe various duties owed by all attorneys to their clients, including, without limitation, the obligation to maintain the confidentiality of information relating to the representation of a client pursuant to Rule 1.6. 4. "Qualified Persons" as used herein shall mean: a. Husband and Wife; b. Counsel for Wife, including all partners and associate attorneys of Counsel for Wife and all paralegal assistants, law clerks, and secretarial or clerical employees thereof when working under the direct supervision of Counsel for Wife or such partners and associate attorneys of Counsel for Wife. C. Counsel for Husband, including all partners and associate attorneys of Counsel for Husband and all paralegal assistants, law clerks, and secretarial or clerical employees thereof when working -2- under the direct supervision of Counsel for Husband or such partners and associate attorneys of Counsel for Husband. d. Any other attorney or law firm retained on behalf of Husband or Wife in connection with any matter relating to these proceedings, including all partners and associate attorneys of such attorney or law firm and all paralegal assistants, law clerks, and secretarial or clerical employees thereof when working under the direct supervision of such attorney or law firm. e. Wife's accountant as identified herein, including all partners, associates, agents, servants, and employees of Wife's accountant. Any person or entity retained on behalf of Husband or Wife to provide litigation support or other expert witness services in connection with any matter relating to these proceedings, including all agents, servants, and employees of such person or entity. g. Court personnel, including without limitation any stenographic reporters, conference officers or other employees of the Cumberland County Domestic Relations Section, the Cumberland County Prothonotary and employees of that office, special masters, and members of the bench of the Court of Common Pleas of Cumberland County or any other court in which proceedings related to these matters may be heard. 5. All parties to this Stipulation represent and acknowledge that Husband's interest in the Law Firm involves confidential relationships between Husband and the said law firm and its clients and that the disclosure of such confidential information to third parties might have a detrimental impact upon Husband, the said law firm, and its clients and further might -3- expose the parties, or any of them, to potential civil liability as a result thereof. 6. It is further acknowledged by all parties hereto that disclosure to competitive law firms, clients or prospective clients of Husband or the Law Firm could have a detrimental financial impact upon Husband or the Law Firm. All parties agree to maintain and protect the confidentiality of any and all information disclosed by Husband or the Law Firm during the course of these proceedings. Accordingly, Wife, Wife's counsel, Wife's accountant or any other Qualified Person shall not reveal to any third party not a Qualified Person the contents of any documents obtained through discovery from Husband or the Law Firm relating to the financial and professional activities of Husband or the Law Firm. 7. In order to protect the interests of Husband, the Law Firm and its clients, should any documents sought to be produced by Husband or the Law Firm contain the names of clients of Husband or the Law Firm, the names and any other identifying information shall be redacted so as to prevent identification of any specific client. Instead any such client shall be designated only by number or some other symbol. No Qualified Person shall have revealed to them the identity of any client, the specific nature of services performed by Husband or the Law Firm for that client, or any information or confidential communications between a client and Husband or the Law Firm. 8. Husband and Wife also desire to preserve the privacy of all information relating to their marriage, relating to any business entity in which either may have any interest, and relating to their respective assets, liabilities and sources and amounts of income, and Husband and Wife intend to limit public access to such information. -4- 9. The parties desire to protect the privacy and confidential nature of any and all information pertaining to the above-entitled action, including, but not limited to: any and all documents produced by any of the parties to this Stipulation or obtained from any other source, physical evidence, all pleadings, interrogatory questions and answers, depositions and transcripts thereof, responses to requests for admissions, briefs, memoranda, all hearings, oral arguments and transcripts thereof, expert reports, all exhibits admitted into evidence in any proceedings, all Orders of Court, except as disclosure may be required for purposes of enforcement, any and all written agreements between Husband and Wife, or any other information produced or disclosed by Husband and Wife, or by anyone on their behalf. All such information shall be considered "Confidential information" or "Confidential material" and shall be disclosed only to "Qualified Persons" as defined herein. Such Confidential information or Confidential material shall be used solely in connection with the above-captioned proceedings and shall not be disclosed or disseminated in any other litigation or for any other purpose. 10. Prior to any disclosure of Confidential information or Confidential material to any Qualified Person not a signatory to this Stipulation, other than Court Personnel, Counsel for Wife or Counsel for Husband shall ensure that such person executes a sworn statement in the form attached hereto as Exhibit "A", acknowledging receipt and review of this Stipulation and his/her agreement to be bound by the terms hereof. 11. Any party to this Stipulation who fails to comply in any respect with the terms hereof shall indemnify and save any other party harmless from any claims, damages, or obligation resulting from the breach of any obligation, including any counsel fees and costs incurred by any non-defaulting party. 12. Nothing herein shall be deemed to waive any objection by any party to the -5- discovery of any documents or information of any nature pursuant to Pa.R.C.P. 4001 et seq. or any other statutes or rules or to waive the right of any party to assert any legally cognizable privilege to withhold any documents or information of any nature. Nor shall any provision hereof be construed as an admission by any party to the relevance, authenticity, or admissibility of any document, thing or information. 13. In the event that Confidential information or Confidential material has been produced or disclosed to a party hereto or any other Qualified Person and such party or person to whom such information is disclosed is subpoenaed or otherwise directed by legal process to disclose such Confidential information or Confidential material in connection with another action or proceedings, such party or person shall not disclose any such Confidential information or Confidential material, but shall promptly notify the producing or disclosing party that such Confidential information or Confidential material is being sought so as to afford the producing or disclosing party the opportunity to take appropriate steps to protect the Confidential information or Confidential material from disclosure. 14. Upon conclusion of this action, by way of settlement, final adjudication (including appellate review or expiration of time to seek appellate review) or sooner if so ordered by this Court, all Confidential information or Confidential material, except that which is part of the record of the Court or that which has been provided to counsel or any expert witness for either party in this action, shall be returned to the disclosing parry within forty-five (45) days. 15. All parties stipulate to the entry of an Order of Court incorporating the terms of this Stipulation and providing that the record in these proceedings shall be sealed by the Cumberland County Domestic Relations Section and the Prothonotary of Cumberland County and made -6- available only to Husband or Wife, counsel for Husband or Wife, and Court personnel for purposes of ETHEL C. WENG.CK P ntiff MARIA P. CJOGNPT?-l, ESQUIRE Attorney for Plain 4?; G GORY A. CR NG, CPA i e's Accountant proceedings only. -7- ti CONSTANCE P. BRUNT, ESQUIRE Attorney for Defendant Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntO-CPB ru ntLaw. com Attorney for Defendant ETHEL C. WENGER, Plaintiff V. THOMAS L. WENGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION -SUPPORT NO. 890 S 2005 PACSES NO. 070107741 ETHEL C. WENGER, Plaintiff V. THOMAS L. WENGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-667 IN DIVORCE ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY STIPULATION OF CONFIDENTIALITY I, GRc4_ony A. , do hereby certify as follows: 1. I acknowledge receipt of a copy of the Stipulation of Confidentiality executed by the parties in the above-captioned matters and certify that I have read its provisions. 2. As a "Qualified Person" as defined in the said Stipulation, I hereby stipulate to and agree to comply with all terms and conditions set forth in said Stipulation, including without limitation all provisions relating to the preservation of privacy and confidentiality of any Confidential information or Confidential material which may be disclosed to me in connection with my performance of services in connection with these matters. Dated: 9??uL7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF . ss. On this, the /D day of L 'W111&V 200 , before me, the undersigned officer, personally appeared gilla?WA. u known to me (or Q C/ satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 1 J My Commission Expires: cJLL?? > > Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE J. ETTER. NotWy POW City of York, York County Commisbion Exphes July 11, 2010 -2- F ?a? Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cabru ntP-CPBruntLaw.com Attorney for Defendant ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Counterclaim : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW V. : NO. 06-667 CIVIL TERM THOMAS L. WENGER, Defendant/Counterclaim : Plaintiff : IN DIVORCE MOTION TO COMPEL DISCOVERY AND NOW, comes the Defendant, THOMAS L. WENGER, by his attorney, CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows: 1. The above-captioned parties separated on February 1, 2005. 2. Plaintiff initiated this action for divorce on February 1, 2006, by the filing by a Complaint In Divorce, seeking a mutual consent, no-fault divorce pursuant to Section 3301(c) of the Divorce Code and making various economic claims including claims for equitable distribution of marital property, alimony, alimony pendente lite, attorney's fees and costs. 3. On February 7, 2007, Defendant filed a Counterclaim for divorce on the basis that the marriage is irretrievably broken and that the parties have resided separate and apart in excess of two years, pursuant to Section 3301(d) of the Divorce Code. 4. Defendant/Counterclaim Plaintiff s Affidavit Under Section 3301(d) Of The Divorce Code was filed on February 7, 2007 and served upon Plaintiff's counsel of record. 5. On February 20, 2007, Plaintiff filed a Counter Affidavit under Section 3301(d) of the Divorce Code, indicating that she wished to claim economic relief, but not denying that the parties have been separated for two years or that the marriage is irretrievably broken. 6. Pursuant to Pa.R.C.P 1930.5(b) and Pa.R.C.P. 4001 et seq., Defendant's counsel served a Second Request For Production Of Documents and Interrogatories To Plaintiff - Second Set on Plaintiffs counsel on August 6, 2007. True and correct copies of the said Second Request For Production Of Documents and Interrogatories To Plaintiff - Second Set are attached hereto as Exhibits "A" and "B" respectively and made a part hereof. 7. Although almost 90 days have passed since the service of the said discovery documents, Plaintiff has failed to serve her answers and objections and to produce the documents requested as required by Pa.R.C.P. 4006(a)(2) and Pa.R.C.P. 4009.12. 8. By letter dated October 1, 2007, addressed and sent by first-class mail, postage prepaid to Plaintiffs counsel of record, Defendant's counsel demanded that Plaintiffs full and complete responses to the Interrogatories To Plaintiff - Second Set and Second Request For Production Of Documents be served on her no later than October 19, 2007. A true and correct copy of the said letter is attached hereto as Exhibit "C". -2- 9. Plaintiff's counsel had requested on October 3, 2007, that Defendant and his counsel sign a Stipulation Of Confidentiality before providing her responses to the foregoing discovery. 10. The Stipulation Of Confidentiality signed by both Defendant and his counsel was hand-delivered to Plaintiff's counsel on October 12, 2007. 11. Plaintiff has failed to respond in any way to the said discovery requests or to offer any specific date by which her responses will be provided. 12. The parties have been separated almost three years, and Defendant wishes to move forward with a hearing before the Divorce Master to determine the economic claims of the parties as soon as possible. 13. Until such time as Defendant is able to receive the information sought in the said discovery documents, which information is in the sole and exclusive possession and control of Plaintiff, he is severely prejudiced in preparing for trial and litigating the claims for economic relief raised by Plaintiff. 14. Defendant is unable to move forward with the scheduling with a hearing before the Divorce Master until he is able to certify that discovery is complete, as required by the Divorce Master. 15. Defendant believes and therefore avers that the Plaintiff will continue to ignore the outstanding discovery requests which were served upon her unless she is ordered and directed by this Honorable Court to provide answers within a specified period of time or to suffer sanctions for failure to do so. -3- 16. Defendant has been caused to incur otherwise unnecessary counsel fees in the preparation of the within Motion and any related proceedings, for which Plaintiff should be held responsible. 17. No other issues in this matter or any related matter have been ruled upon by any members of the bench of this Honorable Court. 18. Pursuant to C.C.R.P. 208.2(d), Defendant's sought concurrence of Plaintiff's counsel, MARIA P. COGNETTI, ESQUIRE, but Plaintiff's counsel has declined to concur in this Motion. WHEREFORE, Defendant respectfully moves this Honorable Court for the entry of an Order directing Plaintiff, ETHEL C. WENGER, to file answers to the Interrogatories To Plaintiff - Second Set and full and complete responses to the Second Request For Production Of Documents To Ethel C. Wenger, Plaintiff, within twenty (20) days following the date of said Order or to suffer sanctions pursuant to Pa. R.C.P. 4019 upon failure to do so, and further, providing for payment by Plaintiff of Defendant's reasonable counsel fees in the amount of $500.00. Respectfully submitted, zz,?? CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt(&-CPBruntLaw.com Attorney for Defendant -4- CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the day of /lGPrC , ??- , 2007, 1 served a true and correct copy of the foregoing Motion To Compel Discovery by depositing same in the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff Respectfully submitted, 19 ,? 2?:, 7I'VI- CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt CPBruntLaw.com Attorney for Defendant -5- a Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cobrunWCPBruntLaw.com Attorney for Defendant ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :. DOMESTIC RELATIONS SECTION V. CIVIL ACTION -SUPPORT THOMAS L. WENGER, NO. 890 S 2005 Defendant : PACSES NO. 070107741 ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :,CIVIL ACTION - LAW THOMAS L. WENGER, NO. 06-667 Defendant : IN DIVORCE SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO ETHEL C. WENGER. PLAINTIFF TO: ETHEL C. WENGER, and MARIA COGNETTI, Attorney for 'Plaintiff Pursuant to Pa. R.C.P. 1930.5(b) and 4009.1 et. seq., please produce the following documents within thirty (30) days of the date of service by providing copies thereof to counsel for Defendant or by making the originals available for a reasonable period of time for copying by counsel. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control or which are available to you from third parties, including without limitation banks, employers, loan or credit card companies. These requests also apply to electronic documents, including data compilations, e-mail and all other forms of electronically-stored data stored on computer hard drives, PDA's, CD's, backup tapes, remote internet information storage services, removable media of any nature, archives, zip drives, cellular phones, or any other forms of electronic storage. You are required to produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession currently. You are also required to produce documents and tangible things that are in the possession, custody, or control of your agents, employees, accountants, financial institutions or advisors, and/or attorneys. 1. Copies of any documents of any nature relating to all jewelry in your possession on or about 2/5/05, including without limitation, photographs, purchase receipts, appraisals, insurance listings or riders. 2. All documents of any nature evidencing payments received for 2006 and 2007 to date from the U.S. Department of Agriculture related to the property at 207 Clouser Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania, or any other property. 3. Documents of any nature evidencing rents received from any person or entity farming or otherwise using any portion of the property at 207 Clouser Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania, at any time from 1/1/06 to the present. -2- 4. All documents of any nature evidencing any income you received or which was reportable to you from all sources from 2006 and in 2007 to date. 5. Documents of incorporation, partnership agreements, shareholders' agreements, stock certificates, or other documents of any nature evidencing your ownership or participation in River Valley Stock Club, including without limitation, all documents evidencing the source of any funds invested in or contributed to the said Club and any statements or other documents of any nature evidencing the value of your interest therein and any distributions made to you from the said Club for the period from 1/1/04 to the present. 6. Statements, correspondence, confirmations or other documents of any nature evidencing the opening of Charles Schwab account number HG 9315-8281 and all statements from date of opening through 1/1/03. 7. Statements for Charles Schwab account number HG 9315-8281 and Ameriprise account numbers 602047086021 and 0040015725951040 from 2/1/06 to the present. 8. Documents of any nature evidencing the source of funds deposited to or assets held in Charles Schwab account number HG 9315-8281, including all statements from date of opening to the date of closing for any predecessor accounts of any nature from which such funds or assets were derived. 9. Statements, correspondence, confirmations or other documents of any nature evidencing the opening of Comerica Bank account number -3- S 1015028960 and all statements from the date of opening through the present. 10. Documents of any nature reflecting the source of funds or assets held in Comerica Bank account number 1015028960 at any time, including all statements from the date of opening to the date of closing for any predecessor accounts of any nature from which such funds or assets were derived. 11. A complete copy of the Trust Instrument, Will or other document establishing or governing the Alice McCurdy Irrevocable Trust FBO Ethel C. Wenger. 12. Statements from 10/31/05 to the present for the Alice McCurdy Irrevocable Trust FBO Ethel C. Wenger (Comerica Bank account number 50-03-300- 0753984 or any other account in which any Trust assets have been held during that period). 13. Documents of any nature evidencing the source of all funds or assets held at any time in the Alice McCurdy Irrevocable Trust FBO Ethel C. Wenger (Comerica Bank account number 50-03-300-0753984 or any other account in which any Trust assets have been held), including all statements from the date of opening to date of closing for any predecessor accounts of any nature from which funds or assets were derived. 14. All statements for Comerica account number 50-03-300-012304 (Alice McCurdy Estate Trust) from the date of opening until closing or to the present. -4- 15. Schedules of distribution, Wills, Trust documents, estate tax returns, inheritance tax returns, estate settlement agreements or other agreements between an estate and its personal representative and the beneficiaries, or other documents of any nature relating to any estate from which you received any gift or inheritance at any time or from which you are entitled to receive any gift or inheritance. 16. Documents of any nature reflecting distributions to you from the Alice McCurdy Irrevocable Trust FBO Ethel C. Wenger or any other trust from 1/1/06 to the present. 17. Statements from 1/1/06 to the present for any bank, brokerage, mutual fund or other depository accounts of any nature in which you had any interest, individually or jointly with any other person, during that period. 18. Statements for PNC checking account number 50-70069137 from 12/1/04 through 3/31/05. 19. Signed Authorizations in the form attached for PNC Bank and PNC Financial Services Group, Inc., Comerica Bank, Wachovia Bank, N.A., Charles Schwab & Co., Inc., and Ameriprise Financial. 20. All documents of any nature evidencing the amount of increase in the value of each and every asset which you claim to be non-marital from the date of marriage or receipt (whichever was later) to the date of separation on 2/5/05. -5- 21. All documents of any nature supporting your claim that any asset is your non-marital property, including without limitation all documents you intend to introduce at trial. Respectfully submitted, ?-L!2-L CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant -s- VERIFICATION I verify that the responses made in the foregoing Responses To Second Request For Production Of Documents To Plaintiff are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: ETHEL C. WENGER, Plaintiff CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the loth day of At" , 2007, 1 served a true and correct copy of the foregoing Second Request For Production Of Documents To Plaintiff by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 ccpbrunt __CPBruntLaw.com Attorney for Defendant Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cabrunt19CPBruntLsw. corn Attorney for Defendant ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOMESTIC RELATIONS SECTION V. CIVIL ACTION - SUPPORT THOMAS L. WENGER, NO. 890 S 2005 Defendant : PACSES NO. 070107741 ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW THOMAS L. WENGER, NO. 06-667 Defendant : IN DIVORCE INTERROGATORIES TO PLAINTIFF - SECOND SET TO: ETHEL C. WENGER, and MARIA P. COGNETTI, Attorney for Plaintiff Pursuant to the provisions of Pa.R.C.P. Nos. 4005, 4006 and 1920.22(b), as amended, you are required to file the original and serve a copy on the undersigned, of your Answers, and objections if any, in writing and under oath, to the following Interrogatories, within thirty (30) days after service of the Interrogatories. The Answers should be inserted on the spaces provided following each Interrogatory, if sufficient space is there. If there is not sufficient space to answer any Interrogatory or portion thereof, any unanswered portion shall follow on a supplemental sheet numbered exactly as the Interrogatory. These Interrogatories shall be deemed to be continuing in nature; that is, if additional information occurs that would answer one of the Interrogatories, you should immediately notify the undersigned of the additional information, directed to the same number in the original Interrogatories, in accordance with the provisions of Pa.R.C.P. No. 4007.4, as amended. If, between the time of filing of your Answers to these Interrogatories and the time of the trial of this matter, you or any person acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facts, that is information which should have been given to the person sending the Interrogatories at the time they were originally sent, or the persons expected to be called as expert witnesses obtain information upon the basis of which you or he or she knows or knows that an Answer was incorrect when made, or incomplete or unclear, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers, under oath, to include such information thereafter acquired, to clarify and correct any information improperly or incompletely given as aforesaid, and promptly furnish such a supplemental Answer to the undersigned, with each Answer being directed numerically to the number of the original Interrogatories. CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 c brunt _CPBruntLaw.com Attorney for Defendant -2- INSTRUCTIONS In construing these Interrogatories, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular, the masculine gender shall include the feminine, and the feminine shall include the masculine. 2. If any objection is asserted or document withheld under claim or privilege, please furnish the following: a. Identify the Interrogatory to which an objection is asserted or identify that document withheld; b. State the nature of the asserted privilege and the basis upon which it is claimed; C. Provide a description of the nature and subject matter of the information requested or the document withheld. -3- DEFINITIONS 1. "Plaintiff' means ETHEL C. WEGNER. 2. "Defendant" means THOMAS L. WENGER. 3. "Document" means any writing of any kind, including written, recorded or graphic matter, however produced or reproduced. It includes all matters that relate or refer in whole or in part to the subject referred to in any Interrogatory. If a document has been prepared in several copies or if additional copies have been made and the copies are not identical (or by reason of subsequent modification by the additional notations or other modifications, copies are no longer identical) each non-identical copy is a separate "document." The term "document" includes, but is not limited to, correspondence, personal and inter-office memoranda, notes, diaries, log books, statistics, letters, telegrams, minutes, contract, reports, studies, bank or brokerage account statements, check statements, canceled checks, receipts, returns, summaries, pamphlets, books, inter-office communications, notations or memoranda or conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, and all drafts, alterations, modifications, changes and/or amendments or any of the foregoing. The term "document" also applies to electronic rlor ruments, including data compilations, e-mail and all other forms of electronically- stored data stored on computer hard drives, PDA's, CD's, backup tapes, remote internet information storage services, removable media of any nature, archives, zip drives, cellular phones, or any other forms of electronic storage. 4. "All documents" means every document as above defined known to you and every such document which may be located or discovered by reasonable effort. 4- 5. The term "possession, custody, or control" includes the joint or several possessions, custody or control, not only by the answering party, but also by each and any person acting or purporting to act in concert with or on behalf of the answering party, whether as an employee, attorney, accountant or otherwise. 6. "Identify" or "Identification" when used in reference to any natural person means to state the full name of such person, if known, all nicknames or known aliases, his present or last known position and/or business affiliation, and his home and business addresses and telephone numbers. "Identify" or "Identification" when used in reference to a document means to state the type of document, i.e., letter, memoranda, telegram, etc., its date, the names and addresses of all addressees, the names and addresses of all senders, the title or heading, the content, and its last known custodian and location. If the document is preprinted, give the present location of such document, and all known copies. If a document is not in answering party's possession, custody or control, state what disposition has been made of such document and all copies. "Identify" and "Identification" when used in reference to a person other than a natural person means to state the nature of such person (ie., corporation, partnership, proprietorship, etc.), full name, address and telephone number. Identify those person(s) employed by such entity with whom you dealt and state the subject matter with respect to which you dealt with such person. -5- 1. Provide a detailed explanation of your answer to Interrogatory No. 4 in Interrogatories to Plaintiff - First Set, indicating that the source of the opening deposit for Wachovia Money Market Account # 10101108644425 was a "returned down payment for house", including specific identification of the house referenced, the date and source of funds for the original down payment, and the name and address of the person or entity returning such funds to you. ANSWER: -s- 2. With regard to any gift in excess of $1,000.00 which you received from any person at any time, please provide the following information: (a.) The names, last-known addresses, and relationships to you of all persons from whom you received any such gift ; (b.) The dates on which you received any such gifts; (c.) A specific identification of the funds or property received, including its value at date of receipt or at date of your marriage, whichever later occurred; (d.) The value of any such gift on or about 2/5/05 and currently; (e) The current location of such property or the financial institution or other entity holding any funds or property; (f.) Pursuant to Pa.R.C.P. 4009, provide copies of any documents in your possession or available to you evidencing any of the information provided in your response. ANSWER: -7- 3. With regard to any inheritance of any property of any nature which you received from any person at any time, please provide the following information: (a.) The name, date of death, and county and state of domicile of any deceased person from whom you inherited any such property; (b.) The dates on which you received any such inherited property; (c) A specific identification of the funds or property received, including its value at date of receipt or at date of your marriage, whichever later occurred; (d.) The value of any such funds or property on or about 2/5/05 and currently; (e.) The current location of such property or the financial institution or other entity holding any funds or property; (f.) Pursuant to Pa.R.C.P. 4009, provide copies of any documents in your possession or available to you evidencing any of the information provided in your response. ANSWER: -8- 4. Specifically describe any information in your knowledge about the will or estate of any deceased person from whom you inherited any property of any nature at any time, including without limitation the county and state of domicile of the decedent at the date of death, the court in which any will was probated or in which any estate proceedings occurred, the names and addresses of all beneficiaries of the estate and all personal representatives and attorneys for the estate. ANSWER: -9- 5. Provide a detailed list of all items you contend to be your non-marital property and provide the following information: (a.) The date of acquisition; (b.) The manner in which any such property was acquired; (c.) The source of all funds or identification of all property exchanged for the acquisition of such property; (d.) The values of such property at the date of receipt or date of marriage, whichever was later, the date of separation on 2/5/05 and currently; (e.) Pursuant to Pa.R.C.P. 4009, provide copies of any documents in your possession or available to you evidencing any of the information provided in your response. ANSWER: -10- 6. Identify the amount of increase in the value of each and every asset which you claim to be non-marital from the date of marriage or receipt (whichever was later) to the date of separation on 2/5/05. ANSWER: -11- 7. State whether William McCurdy is still living and, if not, provide the following information: (a.) Date of death; (b.) County and state of domicile at death; (c.) Any information in your knowledge about a Will or Estate, including identification of the Court in which any Will was probated or which granted Letters of Administration, Letters Testamentary, or some other appointment of a personal representative; (d.) The names and addresses of all beneficiaries of the estate and all personal representatives and attorneys for the estate; (e.) Specific identification of any property, funds or assets of any nature which you inherited or received as a result of his death, including specifically without limitation any joint accounts you held with him as a joint tenant with right of survivorship and any life insurance proceeds, Individual Retirement Account proceeds or other funds passing to you by beneficiary designation; (f.) Pursuant to Pa.R.C.P. 4009, provide copies of all documents in your possession or available to you evidencing the information in your response. ANSWER: -12- 8. Provide a detailed list and the current value of all assets of any nature which you currently own or possess in your own name or which are held by some other person or entity for your benefit. ANSWER: -13- 9. Provide the details of the terms of the Alice McCurdy Irrevocable Trust FBO Ethel C. Wenger, including the following: (a.) The circumstances under which the distribution to you or expenditure for your benefit of any portion of the income of the Trust is authorized; (b.) The circumstances under which the distribution to you or expenditure for your benefit of any portion of the principal of the Trust is authorized; (c.) The terms of any provision authorizing withdrawals by you of any portion of the principal or income of the Trust; (d.) The circumstances under which you are authorized to demand distribution to you or for your benefit of any portion of the principal or income of the Trust; (e.) The date or specific circumstances under which the Trust terminates and the disposition to be made of any remaining principal or income of the Trust; (f.) The terms of any power of appointment granted to you in the Trust. ANSWER: -14- 10. With regard to any jewelry in your possession on or about 2/5/05, please provide the following information: (a.) A specific identification of each such piece, including the metal or other material from which it is constructed and the type, cut, and grading of any diamonds, pearls or other gemstones; (b.) The manner in which such items were acquired, including an identification of any other person from whom you received such items; (c.) The approximate date on which each such item was acquired; (d) The source of any funds or other property used to acquire such items; (e.) The acquisition cost or value at date of acquisition of each item; (f.) The value of each such item on or about 2/5/05 and currently; (g.) The dates of any appraisals of such items, the values assigned in such appraisals, and the person or entity performing the appraisal; (h.) Pursuant to Pa.R.C.P. 4009, provide copies of any documents in your possession or available to you evidencing any of the information provided in your response. -15- VERIFICATION I verify that the statements made in the foregoing Answers To Interrogatories To Plaintiff - Second Set are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: ETHEL C. WENGER, Plaintiff -16- ? R CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the day of 2007, 1 served a true and correct copy of the foregoing Interrogatories To Plaintiff - Second Set by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt MCPBruntLaw.com Attorney for Defendant -17- 0 . a e CONSTANCE P. BRUNT ATTORNEY AT LAW ^r . eo . T;.,- BEAUFORT PROFESSIONAL CENTER iiiiiiiiim 1820 LINGLESTOWN ROAD HARRISBURG, PA 17110-3339 717.232.7200 - FAx 717.232.0255 www.cobruntlaw.com wbrunt0cpbruntlaw. com FIDE NO. 1817-1 October 1, 2007 ALSO SENT VIA TELEFAX (909-4068) Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 In Re: Wenger Dear Maria: As we discussed last week, I am waiting to receive Betsy Wenger's responses to the discovery requests served on August 6, 2007. You had indicated that she wanted Tom to sign a confidentiality stipulation to preserve the privacy of her information. Tom certainly has no objection to doing so, and I think you will find that this is already covered in the Stipulation of Confidentiality that I had forwarded to you and which we have been waiting for several months to be returned. Specifically, I would refer you to Paragraphs 8 and 9. As soon as that is returned to us, signed by Greg Crumling, Betsy and you, Tom, someone of behalf of the law firm and I will also sign it, and I will provide you with a clocked-in copy after filing it with the Court. In the interim, Tom wants to move this case forward to a trial, since it has become apparent that we will not be able to resolve it otherwise. I therefore will expect Betsy's discovery responses no later than October 19`t'. If they are not received by then, Tom has directed me to file a Motion To Compel with the Court. Very truly yours, CONSTANCE P. BRUNT CPB/tsd cc: Thomas L. Wenger, Esquire n ? Cti c-=> ?;a C CJ { N) C ' . Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntO-CPBruntLaw.com Attorney for Defendant ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Counterclaim : CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION - LAW V. NO. 06-667 CIVIL TERM THOMAS L. WENGER, Defendant/Counterclaim : Plaintiff : IN DIVORCE DEFENDANT'S PETITION FOR BIFURCATION AND NOW, comes the Defendant, THOMAS L. WENGER, by and through his counsel, CONSTANCE P. BRUNT, ESQUIRE, and petitions this Honorable Court as follows: 1. The parties to this action separated on or about February 1, 2005, when Defendant, THOMAS L. WENGER, moved from the marital residence. 2. The parties have lived separate and apart continuously for more than two years. 3. The instant action in divorce was instituted by Plaintiff, ETHEL C. WENGER, on February 1, 2006, when she filed a Complaint seeking a divorce on the no-fault grounds of irretrievable breakdown of the marriage pursuant to Section 3301(c) of the Divorce Code, as well as various economic claims. 4. On February 7, 2007, Defendant filed a Counterclaim, seeking a divorce on the basis of the irretrievable breakdown of the marriage and the parties' separation in excess of two years pursuant to Section 3301(d) of the Divorce Code, and the Defendant/Counterclaim Plaintiff s Affidavit Under Section 3301(d), both of which were served on Plaintiffs counsel. 5. On February 20, 2007, Plaintiff filed a Counter-Affidavit Under Section 3301(d) in which she did not deny that the parties have lived separate and apart for a period of at least two years or that the marriage is irretrievably broken. 6. Pursuant to Section 3323(8)(3) of the Divorce Code, grounds for the entry of a Decree In Divorce have been established. 7. Because settlement negotiations have not been productive, Defendant has been trying to move this matter forward to a trial on the economic issues, but Plaintiff has been engaging in obstructionist behavior that has unduly delayed the resolution of this matter. 8. Specifically, Defendant is unable to request the scheduling of a hearing before the Divorce Master for the trial of the economic issues because he is unable to certify that the discovery is complete. 2 9. Plaintiff has failed to serve timely answers and responses to the Interrogatories To Plaintiff - Second Set and the Second Request For Production Of Documents to Ethel C. Wenger, Plaintiff, which were served on her counsel of record on August 6, 2007. 10. Due to the Plaintiffs failure to comply with the Rules of Civil Procedure governing responses to discovery, Defendant has been forced file a Motion To Compel Discovery, which is currently pending before this Honorable Court. 11. Defendant believes that compelling circumstances exist for the entry of the Decree In Divorce as follows: A. The parties have lived separate and apart for almost three years and have no intention of reconciling. B. Bifurcation will permit the parties to move forward with their personal lives. C. As long as the parties remain married, they are limited in their available tax filing statuses for federal income tax purposes, resulting in the payment of more income tax than would otherwise be required. 12. Sufficient economic protections can be provided to Plaintiff by continuation of the current Order for alimony pendente lite, until all economic claims can be resolved. 3 13. Pursuant to C.C.R.P. 208.2(d), Defendant's counsel sought concurrence of Plaintiff's counsel in this Petition, but Plaintiffs counsel declined to concur. 14. No other issues have been ruled upon by this Honorable Court in this matter or in any related matter. WHEREFORE, pursuant to Section 3323(c.1) of the Divorce Code, Defendant respectfully requests this Honorable Court to enter an Order granting this Petition For Bifurcation and providing for the entry of a final Decree In Divorce with reservation of all economic claims upon filing of a Praecipe To Transmit Record and other required documents. Respectfully submitted, DATE: /r/l/7 CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 ,cpbrunte-CPBruntLaw.com Attorney for Defendant 4 VERIFICATION I verify that the statements made in the foregoing Defendant's Petition For Bifurcation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATEY?, to r C) THOMAS L. WENGER, Defen t 5 CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on this l9f day of Ncu-- , 2007, 1 served a copy of the Defendant's Petition For Bifurcation by depositing same in the United States mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff DATE: It a7 ZZ)/X/- CONSTANCE ?? P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt )-CPBruntLaw.com Attorney for Defendant I L Yy.. `. :. ?aJ Ct> . z.7 ETHEL C. WENGER, Plaintiff/Counterclaim Defendant vs. THOMAS L. WENGER, Defendant/Counterclaim Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-667 CIVIL IN DIVORCE IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this y day of November, 2007, a brief argument on the within motion to compel discovery is set for Thursday, January 3, 2008, at 2:00 p.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Maria P. Cognetti, Esquire For the Plaintiff/Counterclaim Defendant Constance P. Brunt, Esquire For the Defendant/Counterclaim Plaintiff :rlm Cv l -ess rrl??ACQ' ,,14167 BY THE COURT, f.l r ii , H4 v? NOV 0 62007,PV Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunto_CPBru ntLaw.com Attorney for Defendant ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Counterclaim : CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION - LAW V. NO. 06-667 CIVIL TERM THOMAS L. WENGER, Defendant/Counterclaim : Plaintiff : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this -dday of ? SI..-A , 2007, upon consideration of the Defendant's Petition For Bifurcation, A RULE is hereby issued on Plaintiff, ETHEL C. WENGER, to show cause, if any she has, why the relief requested therein should not be granted. 3 RULE RETURNABLE at hearing on Da? 7 , 2007, at !• o'clock P--m. in Courtroom Number 2 at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. BY THE COURT: J. Distribution To: ATTORNEY FOR PLAINTIFF: 'MARIA P. COGNETTI, ESQUIRE MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT: MNSTANCE P. BRUNT, ESQUIRE Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com 4 I's n MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ETHEL C. WENGER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Counterclaim CUMBERLAND COUNTY, PENNSYLVANIA Defendant V. THOMAS L. WENGER, Defendant /Counterclaim Plaintiff : NO. 06-667 : CIVIL ACTION - LAW IN DIVORCE E N AND NOW, comes Ethel C. Wenger, Plaintiff herein, by and through her attorney, Maria P. Cognetti, Esquire, and in response to Defendant's Petition for Bifurcation files the following Answer: 1 • Admitted. 2. Admitted. 3. Admitted in part with clarification and denied in part. It is admitted that Plaintiff filed the above captioned action on February 1, 2006. However, this Complaint was a fault based complaint based upon the indignities imposed on Plaintiff by Defendant. Furthermore, this action was originally begun by a Complaint filed by Defendant erroneously in Dauphin County. 4. Admitted. 5. Admitted with clarification. It is admitted that Plaintiff filed a Counter-Affidavit admitting that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken; however, Plaintiff only consented to the issuance of a divorce decree once the economic issues had been settled or determined and specifically noted her opposition to a bifurcated divorce. 6. Admitted; however, by way of further answer, while establishing grounds for divorce pursuant to Section 3323(g)(3) is a sufficient reason to proceed to a Divorce Master, it is not alone enough to justify the entry of a bifurcated divorce. Defendant has cited no compelling reasons that would establish the need for the entry of a bifurcated divorce decree. 7. Admitted and denied. It is admitted that settlement negotiations have not been productive. It is denied that the lack of productivity stems from Plaintiff s actions. Plaintiff believes and therefore avers that the lack of productive settlement negotiations are due to the obstructionist behavior on the part of Defendant. Plaintiff submitted a counterproposal to Defendant on March 19, 2007. Defendant did not respond. Rather, Defendant's counsel raised the issue of bifurcation in an April 5th letter to Plaintiffs counsel. Plaintiffs counsel, in an April 18th letter, indicated Plaintiffs unwillingness to bifurcate and again requested a response to the counterproposal of March 19th Defendant has failed to make any effort towards moving this case towards a resolution. Rather Defendant has been sitting on Plaintiff s counterproposal in an effort to bolster his otherwise weak claim for bifurcation. In addition, Plaintiff s behavior has been subject to the whims of Defendant and his unwillingness to agree to a tax filing status or to be forthcoming regarding details of mortgages against marital property. Most recently, Defendant filed an extensive Request for Production of Documents which took Plaintiff months to compile and which consists of over 3400 pages of documents. 8. Admitted and denied. Neither Defendant, nor Plaintiff, are in a position to certify that discovery is complete at this point in time. 9. Admitted, with clarification. Initially, it should be pointed out that Counsel has been continually advised of the efforts to comply with discovery requests. Plaintiff has failed to serve answers promptly due to a variety of reasons. Plaintiff required the insertion of three stents in her coronary arteries two weeks prior to receipt of discovery. Defendant took a rather difficult stance towards the parties' tax returns, and as a result, Plaintiff had to spend additional time and energy compiling additional copies of necessary information that had been provided to Defendant prior to April when the taxes were first due. Additionally, Plaintiff had to expend great amounts o f time and energy figuring out how to handle a loan that was guaranteed through her home by Defendant on behalf of the parties' son. Finally, as set forth in Paragraph 7 above, the responses to this discovery were quite extensive. As of November 29, 2007, all such responses were hand delivered to Defendant's counsel. 10. Denied. It is denied that Plaintiff s actions have "forced" Defendant to file a Motion to Compel Discovery. Counsel for Plaintiff made it clear to counsel for Defendant Prior to her filing the Motion to Compel, that, although responses had been delayed due to Plaintiffs medical problems, the responses would be forthcoming shortly. 11. Denied. It is denied that any compelling circumstances exist for the entry of a Decree in Divorce. With regard to Defendant's specific averments, Plaintiff responds as follows: A. Admitted with clarification. The parties have lived separate and apart since February 1, 2005, Plaintiff on her own, and Defendant with his girlfriend. B. Denied. The ability to "move forward" is not a compelling circumstance. C. Denied. The ability to file separate tax returns is not a compelling circumstance. As evidenced by the parties' tax return filing on October 15, 2007, the parties mutually benefitted from filing a joint return. The parties are perfectly able to work together to file in the future. 12. Denied. It is denied that sufficient economic protections can be put in place to protect Plaintiff after the entry of a Decree in Divorce Furthermore, Defendant has made no effort to offer such protection. 13. Admitted. 14. Admitted. WHEREFORE, Plaintiff, Ethel C. Wenger, respectfully requests this Honorable Court deny Defendant's Petition for Bifurcation. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: December 4, 2007 By: MARIA . CO TTI9 ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: 1,2 /i?r lo I, ETHEL C. WENGER, hereby verify and state that the facts set forth in the foregoing ETHEL C. WENGE CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that on December 4, 2007, I served a true and correct copy of the foregoing Answer to Defendant's Petition for Bifurcation at the address indicated below: Constance P. Brunt, Esquire Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 Service bv: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: December 4, 2007 By: MARIA P( CO? Attorney I.D. No 7914 ESQUIRE 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff `.: '.? --yy ",,.? " ?? ( f l L ` (T'? j f?!° i 1' '.l .. ? r . {.?., .: o ? 3 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Plaintiff ETHEL C. WENGER, Plaintiff/Counterclaim Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-667 THOMAS L. WENGER, Defendant/Counterclaim Plaintiff CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW, comes Ethel C. Wenger, Plaintiff herein, by and through her attorney, Maria P. Cognetti, Esquire, and in response to Defendant's Motion to Compel Discovery files the following Answer: 1. Admitted. 2. Admitted in part with clarification and denied in part. It is admitted that Plaintiff filed the above captioned action on February 1, 2006. However, this Complaint was a fault based complaint based upon the indignities imposed on Plaintiff by Defendant. Furthermore, this action was originally begun by a Complaint filed by Defendant erroneously in Dauphin County. 3. Admitted. 4. Admitted. 5. Admitted with clarification. It is admitted that Plaintiff filed a Counter-Affidavit admitting that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken; however, Plaintiff only consented to the issuance of a divorce decree once the economic issues had been settled or determined and specifically noted her opposition to a bifurcated divorce. 6. Admitted. 7. Admitted with clarification. While almost 90 days had elapsed since service of discovery, Plaintiff was not ignoring her obligations to provide answers. Rather, during that time frame, Plaintiff had undergone necessary medical procedures and recuperation due to occluded coronary arteries; Defendant was making it difficult to complete the parties' 2006 taxes; and the parties had to handle the renewal of a loan that Defendant had drawn upon the marital farm on behalf of the parties' son. Because of the extensive time and effort necessary for resolving these issues, Plaintiff had been unable to make a great deal of progress in organizing the requested materials. In addition, counsel for Plaintiff made it clear to counsel for Defendant that, despite Plaintiff's medical problems, the requested information would be forthcoming and, indeed, responses were delivered to Defendant's counsel on November 29, 2007. 8. Admitted with clarification. Defendant's extensive request required extensive research on the part of Plaintiff. Plaintiff produced over 3400 pages of documents to Defendant on November 29, 2007. 9. Admitted. 10. Admitted. 11. Denied. Counsel for both parties had been corresponding with one another regarding the need for a Stipulation of Confidentiality, and regarding the other outstanding matters. Defendant is well aware that Plaintiff has continued to work towards providing discovery. 12. No answer is required pursuant to the Pennsylvania Rules of Civil Procedure. 13. Denied. It is specifically denied that the documents requested by Defendant are essential to the proper development and presentation of Defendant's case. It is further denied that without the said documents Defendant's case is unduly prejudiced. 14. Admitted in part. Denied in part. Neither Defendant, nor Plaintiff, are in a position to certify that discovery is complete at this point in time. 15. Denied. Plaintiff did not ignore the outstanding discovery requests and all discovery was delivered to Defendant's counsel on November 29, 2007. Furthermore, Plaintiff worked assiduously to gather the necessary information in an effort to produce all documentation and answers at one time rather than creating a situation in which supplemental productions would become necessary. Counsel for Plaintiff made counsel for Defendant aware that Plaintiff was working to complete the requested discovery. 16. Denied. It is denied that Defendant has been caused to incur counsel fees for the preparation of his Motion. Defendant chose to prepare said Motion despite knowing that Plaintiff had nearly completed her answers and would be supplying them shortly. The preparation of the Motion, and any related proceedings is frivolous at best. 17. Admitted. 18. Admitted. WHEREFORE, Plaintiff requests this Honorable Court deny Defendant's Motion to Compel Discovery. Respectfully Submitted: MARIA P. CO'NETTI & ASSOCIATES Date: December 4, 2007 By: MARIA B: CO N TTI, ESQUIRE Attorney I.D. N 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, ETHEL C. WENGER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. §4904 relating to unsworn verification to authorities. DATE: 1a ETH L C. WENG CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that on December 4, 2007, I served a true and correct copy of the foregoing Answer to Defendant's Motion to Compel Discovery at the address indicated below: Constance P. Brunt, Esquire Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: December 4, 2007 By: MARIALP. CETTI, ESQUIRE Attorney I.D. 3d 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ,_:._? _ -_ ,? ,_ y 7 ;? " f _ ?_. r•. C. i 1J - ?? ?, .? a ?..,«. -.te •+ r Constance P. Brunt, Esquire Supreme Court ID 029933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntO-CPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff ETHEL C. WENGER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. THOMAS L. WENGER : NO. 06-667 CIVIL TERM Defendant : MOTION FOR APPOINTMENT OF MASTER THOMAS L. WENGER, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action by her attorney, Maria P. Cognetti, Esquire. (3) The statutory grounds for divorce are that the marriage is irretrievably broken and the parties have resided separate and apart in excess of two years. (4) The action is contested with respect to all claims except for the grounds for divorce. I Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 (717) 232-0255 FAX cobrun CPBruntLaw.com Attorney for Defendant ETHEL C. WENGER, Plaintiff V. THOMAS L. WENGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-667 CIVIL TERM IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT. THOMAS L. WENGER I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: D L, INCOME: Employer: PA State Association of Township Supervisors (eff. 1 /1 /08) Employer's Address: 4855 Woodland Drive, Enola, PA Type of Work: Counsel Pay Period: Annual salary Gross annual pay: Employer: Employer's Address: Type of Work: Pay Period: Gross annual pay: TOTAL GROSS ANNUAL INCOME Itemized payroll deductions: Federal withholding (on all income): Social Security (FICA): Medicare Local Wage Tax State Income Tax (on all income): Net pay per pay period: OTHER INCOME: 2006 Net income from First State Properties and Second State Properties TOTAL INCOME (Gross): TOTAL INCOME (Net): $195,000.00 Wix, Wenger & Weidner (eff. 1/1/08) 508 N. Second Street, Harrisburg, PA Of counsel Annual salary 72,302.60 6,324.00 3,262.50 2,250.00 8,093.90 -2- $30,000.00 $225,000.00 $132,767.00 Yearly 31,136.00 $256,136.00 $163,903.00 EXPENSES HOME: MONTHLY Mortgage or Rent / Utilities 1,600.00 Maintenance 1,000.00 Lawn Care 45.33 TAXES: Occupational taxes 4.33 Medical Expenses: Health Insurance Premiums (self) 20.00 Health Insurance Premiums (Wife) 435.99 Doctor 83.30 Dentist 24.25 Insurance: Life 41.67 Disability 87.50 Personal Expenses: Clothing 190.00 Groceries 216.67 Lunches 187.50 Hairstylist 15.00 Memberships 239.17 Miscellaneous: Business Dinners/Retirements 100.00 Employee Gifts 300.00 Papers/books/magazines 35.00 Entertainment 500.00 Vacation 400.00 -3- EXPENSES Gifts (primarily for children) Legal fees (avg. monthly) Charitable Contributions TOTAL MONTHLY EXPENSES: -4- MONTHLY 1,000.00 837.46 100.00 $7,463.17 CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the 7?4_day of , 2007, 1 served a true and correct copy of the foregoing Income and Expense Statement of Defendant, Thomas L. Wenger, by hand-delivery to: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt _CPBruntLaw.com Attorney for Defendant -5- ETHEL A. WENGER V. THOMAS L. WENGER NO. 00890 S 2005 DEFENDANT'S NET INCOME (2008 Gross Income at 2008 Tax Rates) 2008 GROSS ANNUAL INCOME: PSATS salary 195,000.00 WWW salary 30,000.00 2006 Net income from First State Properties and Second State Properties 31,136.00 TOTAL GROSS INCOME $256,136.00 Less Taxes and Mandatory Deductions: FIT* (72,302.60) FICA (OASDI) (6.2% x 102,000) (6,324.00) Medicare (1.45% on earned wages) (3,262.50) PA and Unemployment (3.16%) (8,093.90) Local (1% on earned wages) (2,250.00) NET ANNUAL INCOME $163,903.00 = $13,658.58 per month *Federal Income Tax (Based on Married Filing Separately and 2008 tax rates) Gross Taxable Income 256,136.00 Less: Standard Deduction (5,450.00) 1 Personal Exemption (3,500.00) Adjusted Taxable Income 247,186.00 Tax: Tax on first $178,850 48,385.00 Tax on excess (35%) 23,917.60 Total tax $72,302.60 91 •0 0 Department of the Treasury - Internal Revenue Service :M06 U. U.S. Individual Income Tax Return ? (ss) IRS Use On • Do not write ors le in this ace. For the year Jan. 1-Dec. 31, 2006, or other tax year beginning 2006, ending OMB No. 1545-0074 Label Your social securit number Your first name and initial Last name y inductions L A THOMAS L WENGER 182-34-4146 on page 16.) E If a joint return, spouse's first name and initial Last name Spouse's social security number IRS th L ETHEL C WENGER 156-32-9433 Use e label Home address (number and street). If you have a P.O. box, see page Apt. no. Otherwise, H E You must enter please print R E 508 NORTH SECOND STREET AIL your SSN(s) above. or type. City, town or post office, state, and ZIP code. If you have a foreign address, see page 16. Checking a box below will not Presidential L J-Q Election Campaign 1 Filing Status 2 Check only 3 one box Exemption If more than four dependents, see page 19. Income Attach Form(s) W-2 here. Also attach Forms W-213 and 1099-R if tax was withheld. If you did not get a W-2, see page 23. Enclose, but do not attach, any payment. Also, please use Form 1040-V. change your tax or refund. RISEURG PA 17101 Check here if you, or your spouse if f!ling jointly, want $3 to to this fund (see page 16) ? You Spouse J Single 4 L_J Head of household (with qualifying person). (See page 17.) If X Married filing jointly (even if only one had income) the qualifying person is a child but not your dependent, enter Married filing separately. Enter spouse's SSN above this child's name here. ? and full name here. Off, - 5 Qualifying widow(er) with dependent child (see page 17) 6a X Yourself. If someone can claim you as a dependent, do not check box 6a . . . . . . . s b X Souse •••• ••••• •• c Dependents: 1 First name Last name (2) Dependent's social security number (3) Dependents relationship to you (4)? it qu•layma ot,iid for &W lax credit (aaa pap 19 d Total number of exemptions claimed 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . . . . , • , • • • , , • • , • , • , , , . Be Taxable interest. Attach Schedule B if required . . . . . . . . . . . . . . . . . . . . b Tax-exempt interest. Do not include on line 8a • , , • . . .. . . I 8b 9a Ordinary dividends. Attach Schedule B if required . . . . . . . . . . . . . . . . . . b Qualified dividends (see page 23) • , • • • • , • • SW. .. • 1 9 b 1 13,270 10 Taxable refunds, credits, or offsets of state and local income taxes (see page 24) . . , • , , , • 11 Alimony received . , , , , • . • , . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Business income or (loss). Attach Schedule C or C-EZ . . . . . . . . . . . . . . . . . 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here ? ? 14 Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . . . . .. . . . . . . . 16a IRA distributions. . • . . , • 158 b Taxable amount (see page 25) i6 a Pensions and annuities. • . . 16a b Taxable amount (see page 26) 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E., . .- 18 Farm income or (loss). Attach Schedule F • , • , , • . . . . . . . . . . . . . . . . . 19 Unemployment compensation . . . . . .. . . . . . . . . . . . . . . . . . . 20a Social security benefits, , , , 1 20a I b Taxable amount (see page 27) 21 Other income. List type and amount (see page 29)________________________ n., .11 •t,- f..r .i..ht -h- fnr li-a 7 thrnnnh 91 Thie ie vnur fetal inenrtle . . ? 10 1 Boxes checked 2 l on 6a and 6b J No. of children on 6c who: e lived with you I e did not live with you due to divorce or separation (see page 20) Dependents on 6c not entlered above Add numbers on tines above ? 42 11 12 4 13 - 000. 14 15b 1 28,564. f18 _ 19 t0b 21 . Attach Form 8853 23 Archer MSA'deduction zs . . . . . . .. . . . Adjusted 24 Certain business expenses of reservists, performing artists, and Gross Attach Form 2106 or 2106-EZ .. . overnment officials -basis f 24 . g ee Income Attach Form 8889 . . . . . . . s account deduction 25 Health savin 25 . g Attach Form 3903 enses ex 26 Movin 26 . . . . . . . . p . g . . ment tax Attach Schedule SE lo half of self-em 27 O 27 . . . . . p y ne- . . and qualified plans SIMPLE lf- m lo ed SEP 28 S 28 . . . . . . . , p y , e e . alth insurance deduction (see page 29) l d h lf 29 S 29 . . . -emp oye e e . . . . . . withdrawal of savings on earl 30 Penalt 30 . . . . . . . . y y aid b R Alimon ient's SSN ? 31 i 31a y p p a ec . 32 IRA deduction (see page 31) 32 • . . . . . . . . . . . . . . . . . . . . 33 Student loan interest deduction (see page 33) 33 . . . . . . . . . . . . ave to your employer ou dut a 34 Jur 34 . . . . . . g y p y y y . Attach Form 8903 duction activities deduction r sti 35 D 35 . . . ome c p o h 35 d 32 thr u h h 31 23 . 36 . . .. . . . . . . . g a an o roug t 36 Add lines 37 Subtract line 36 from line 22. This is our adjusted gross income . . . . . . . . . . . . . . ? 37 987,322. For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 80. s ttzto 5.000 Form 1040 (2006) JSA RS 40YOF1 K371 V06-8.1 DRU-24186 Form 1040 (2006) ETHE 182-34-4146 Page 2 Tax 38 Amount from line 37 (adjusted gross income) . . . . ... . . ... . . . . .. . 38 287,322. You were born before January 2, 1942, 8 Blind. } Total boxes and 39a Check Credits if: Spouse was born before January 2, 1942, Blind. checked ? 39a 1 I RX Standard b If your spouse itemizes on a separate return or you were a dual-status alien, see page 34 and check here ? 39 b Deduction ed deductions (from Schedule A) or your standard deduction (see left margin) i It 40 40,047. , , , , , , , em z 40 for- 40 from line 38 t li b S 41 247,275 . • People who . ne trac 41 u 42 If line 38 is over $112,875, or you provided housing to a person displaced by Hurricane Katrina, SEE STMT 2 checked any box on line , 300 by the total number of exemptions claimed on line 6d $3 multipl Otherwise 36 42 4,400 . 39a or 39b or , , y , , . see page enter -0- If line 42 is more than line 41 Subtract line 42 from line 41 I bl 43 242,875. who can be , . ncome. e 43 Taxa claimed as a tax is from: a F 8814 b El Form 4972 krf an Ch 36 44 57,742 t d d y . . . . . . . . ec orm(s) ). 44 Tax (see page epen en , e 34 see a Attach Form 6251 e minimum tax (see page 39) ti Alt 45 2,075. . p g , , , , , , , , , , , , , , , , . erna v 45 . . . . . . . . . . . . . . 00. . Add lines 44 and 45 46 59,817. 0 All others: . . . . . . . . . . . . . . . . . 46 Attach Form 1116 it required . . . . . . . . . . . n tax credit 47 Forei 47 . 383 Single or . g Attach Form 2441 . edit for child and dependent care expenses 48 C 48 Married filing , r separately, Attach Schedule R or the disabled dit for the elderl 49 C 49 NO $5,150 , , , , , , . . y re Attach Form 8863 cation credits 50 Ed 50 . u Married filing 51 Retirement savings contributions credit. Attach Form 8880 51 jointly or Qualifying Attach Form 5695 credits 52 Residential ener 52 widow(er), . . , . . . .. . . .. . gy 53 Child tax credit s e page 42) At ach Form 8901 6 r fired . . .. . b3 $10,300 . rm 8396 b Form 8839 c Form 8859 F h i 64 Head of o orn: a b4 Cred ts household 55 Other credits: rm 3800 b Form 8801 c Form F 55 , $7,550 a o our total credits These are h 55 47 h l 5g 383. y . roug t 56 Add ines -- ^ ----- -- « .-__ 1:.... AC a I;- GR i? ...ire th- firm da anfar.n . .............. ? 57 59,434. 58 Self-employment tax. Attach Schedule SE . . . . . . . . . . . . . . . . . 58 Other 59 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 59 Taxes 60 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required 60 61 Advance earned income credit payments from Form(s) W-2, box 9, , , , , , , , , , , , , , 61 62 Household employment taxes. Attach Schedule H . . . . . . ... . . . . . . . . . . . . . . . . 62 -- - .... -- - - n:- ._ .._...._._r .-_ ? 63 Payments 64 Federal income tax withheld from Forms W-2 and 1099 , , , , , 54 5L d%ba . 65 2006 estimated tax payments and amount applied from 2005 return , 65 If you have a 66a Earned income credit (EIC) . . . . . . . . . . .. . 66a qualifying 66b child, attach b Nontaxable combat pay election , lip. Schedule EIC. 67 Excess social security and tier 1 RRTA tax withheld (see page 60) , . . 67 68 Additional child tax credit. Attach Form 8812 . . . . . . . . . . . . 68 69 Amount paid with request for extension to file (see page 60) . .. . . 69 NO 70 Payments from: a ? Form 2439 b ? Form 4138 C ? Form 8885 70 71 Credit for federal telephone excise tax paid. Attach Form 8913 if required 71 40. 72 Add lines 64, 65, 66a, and 67 through 71. These are your total payments . ? 72 Refund 73 If line 72 is more than line 63, subtract line 63 from line 72. This is the amount you overpaid 73 Direct deposit? 74a Amount of line 73 you want refunded to you. If Form 8888 is attached, check here . . ? 74a See page 61 ? b Routing number ?c Type: Checkin Savings and fill in 74b, 74c, and 74d, ? d Account number or Form 8888. 75 Amount of line 73 you want applied to your 2007 estimated tax ? 75 Amount 76 Amount you owe. Subtract line 72 from line 63. For details on how to pay, see page 62 , , , , , ? 76 You Owe 77 Estimated tax penalty (see page 62) 77 1 54, 59,434. ?-Vfv 52.498. Form Z 2 1 Underpayment of Estimated Tax by Individuals, Estates, and Trusts Department of the Treasury ? See separate Instructions. Internal Revenue Service ? Attach to Form 1040, 1040A, 1040NR, 1040NR-EZ, or 1041. Name(s) shown on tax return Do You Have To File Form 2210? 2006 Attachnmcent Sequee No. 06 ftna number Complete lines 1 through 7 below. Is line 7 less than $1,000? Yes Do not file Form 2210. You do not owe a penalty. ?No Complete lines 8 and 9 below. Is line 6 equal to or more Yes You do not owe a penalty. Do not file Form 2210 (but than line 9? if box E below applies, you must file page 1 of Form 2210). No You may owe a penalty. Does any box in Part 11 below apply? Yes You must file Form 2210. Does box B, C, or D apply? No Yes No You must figure your penalty. Do not file Form 2210. You are not required to figure You are not required to figure your penalty because your penalty because the IRS will figure it and send the IRS will figure it and send you a bill for any unpaid you a bill for any unpaid amount. If you want to figure amount. If you want to figure it, you may use Part III it, you may use Part III or Part IV as a worksheet and or Part IV as a worksheet and enter your penalty enter your penalty amount on your tax return, but do amount on your tax return, but file only page 1 of not file Form 2210. Form 2210. (see page 2 of 1 Enter your 2006 tax after credits from Form 1040, line 57 (or comparable line of your return) 1 59,434. 2 Other taxes, including self-employment tax (see page 3 of the instructions) , , , , , , , , , 2 3 Refundable credits. Enter the total of your earned income credit, additional child tax credit, credit for federal tax paid on fuels, and health coverage tax credit , , ,, , , , , , , , , , , , , , , , 3 ( ) 4 Current year tax. Combine lines 1, 2, and 3. If less than $1,000, see page 3 of the instructions , , , , , 4 59,434. 5 Multiply line 4 by 90% (.90) , , , , , , , , , , , , , , , , , , , , , , , ,, 5 53,491. 6 Withholding taxes. Do not include estimated tax payments. See page 3 of the instructions .. . .. 6 52,458. 7 Subtract line 6 from line 4. If less than $1,000, you do not owe a penalty; do not file Form 2210 .. 7 6,976, 8 Maximum required annual payment based on prior year's tax (see page 3 of the instructions) . . .... 8 55,213. 9 Required annual payment. Enter the smaller of line 5 or line 8 ,,, ,, , , , , , , , , , , , , , 9 53,491. Next: Is line 9 more than line 6? _ 8 No. You do not owe a penalty. Do not file Form 2210 unless box E below applies. Yes. You may owe a penalty, but do not file Form 2210 unless one or more boxes in Part II below applies. • If box B, C, or D applies, you must figure your penalty and file Form 2210. • If only box A or E (or both) applies, file only page 1 of Form 2210. You are not required to figure your penalty; the IRS will figure it and send you a bill for any unpaid amount. If you want to figure your penalty, you may use Part III or IV as a worksheet and enter your penalty on your tax return, but file only page 1 of Form 2210. Reasons for Filing. Check applicable boxes. If none apply, do not file Form 2210. A U You request a waiver (see page 2 of the instructions) of your entire penalty. You must check this box and file page 1 of Form 2210, but you are not required to figure your penalty. B ? You request a waiver (see page 2 of the instructions) of part of your penalty. You must figure your penalty and waiver amount and file Form 2210. C ? Your income varied during the year and your penalty is reduced or eliminated when figured using the annualized income installment method. You must figure the penalty using Schedule Al and file Form 2210. D ? Your penalty is lower when figured by treating the federal income tax withheld from your wages as paid on the dates it was actually withheld, instead of in equal amounts on the payment due dates. You must figure your penalty and file Form 2210. E ? You filed or are filing a joint return for either 2005 or 2006, but not for both years, and line 8 above is smaller than line 5 above. You must file page 1 of Form 2210, but you are not required to figure your penalty (unless box B, C, or D applies). For Paperwork Reduction Act Notice, see page 7 of separate instructions. Form 2210 (2006) JSA 6X4010 3.000 40YOF1 K371 V06-8.1 DRU-24186 Form 2210 (2006) TEO-MM L W-WGER & ETHEL C WENGER 182-34-4146 Page 2 • Short Method • You may use the short method if: • You made no estimated tax payments (or your only payments were withheld federal income tax), or . You paid estimated tax in equal amounts on your due dates. You do not need to You must use the regular method (Part IV) instead of the short method 'If: Tip file Form 2210 unless ' You made any estimated tax payments late, you checked a box in • You checked box C or D in Part 11, or Part fl on page 1. • You are filing Form 1040NR or 1040NR-EZ and you did not receive wages as an employee subject to U.S. income tax withholding. Note: If any payment was made earlier than the due date, you may use the short method, but using it may cause you to pay a larger penalty than the regular method. If the payment was only a few days early, the difference is likely to be small. 10 Enter the amount from Form 2210, line 9 ... ... ... . .. . .. .. . . . ... . .. . ..... . 11 Enter the amount, if any, from Form 2210, line 6 ..... ........ . 12 Enter the total amount, if any, of estimated tax payments you made .. . . 13 Add lines 11 and 12 ... . .. .... ..... .... .. . ... .. .. . . . ... .. ... ... . . 14 Total underpayment for year. Subtract line 13 from line 10. If zero or less, stop here; you do not owe the penalty. Do not file Form 2210 unless you checked box E on page 1 . . . ... . .. . . 15 Multiply line 14 by .05258 (use the factor shown in the instructions if you are eligible for Hurricane Katrina relief) ..................................................... 16 a If the amount on line 14 was paid on or after 4/15/07, enter -0-. e If the amount on line 14 was paid before 4/15/07, make the following computation to find the amount to enter on line 16. Amount on Number of days paid line 14 x before 4115107 X .00022 . . . . . . . . . . . 17 Penalty. Subtract line 16 from line 15. Enter the result here and on Form 1040, line 77; Form 1040A, line 48; Form 1040NR, line 75; Form 1040NR-EZ, line 27; or Form 1041, line 26 ? JSA 6X4020 3.000 Form ZZI U (2006) 40YOF1 K371 V06-8.1 DRU-24186 OMB No. 1545-0074 SCHEDULES A&B Schedule A - Itemized Deductions 200 (Form 1040) (Schedule B is on back) 6 Department of the Treasury IntemalRevenue SerAce 99 ?Attach to Form 1040. ?See Instructions for Schedules A&B (Form 1040). Attachment Sequence No. 07 Name(s) shown on Form 1040 Your social security number THOMAS L WENGER & ETHEL C WENGER 182-34-4146 Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see page A-1) , , , , , , , 1 amount Dental 2 1Enter 040, l ne 38 from Form. . 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 income taxes .. . .. . . . . . ..... s 13,086. Paid 6 Real estate taxes (see page A-3) , , , , , , , , , , , , , 6 6,364. (See 7 Personal property taxes , , , , , , , , , , , , , , , , , 7 page A-3.) 8 Other taxes. List type and amount ?- - - - - - - _ _ _ _ _ _ ______ 8 _ ____________ - _________ .................................... 9 Add lines 5 through 8 9 19,450. 10 Home mortgage interest and points reported to you on Form 1098 10 13,886. Interest 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-3 page A-3.) and show that person's name, identifying no., and address ? ----------------------------------- 11 Note. ----------------------------------- Personal 12 Points not reported to you on Form 1098. See page A-4 interest is for special rules 12 , , , , , , , , , , , , , , , , , not deductible. 13 Investment interest. Attach Form 4952 if required. (See page A-4.) 13 . . . . . . . . . . . . . . . . . . 14 Add lines 10 through 13 . 14 13,886. Gifts to 15 Gifts by cash or check. If you made any gift of $250 or Charity more, see page A-5 . . . . . . . . . . . . . .. . . . . . 15 9,42S. 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-5. 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 9,425. Casualty and ............... . Theft Losses 19 Casualty or theft loss(es . Attach Form 4684. See page A-6. , 19 Job Expenses 20 Unreimbursed employee expenses - job travel, union and Certain dues, job education, etc. Attach Form 2106 or 2106-EZ Miscellaneous if required. (See page A-6.) ? 20 ______________ Deductions 21 lax preparation fees . 21 1,200. , (See 22 Other expenses - investment, safe deposit box, etc. List page A-6.) type and amount ? ---------------------- 22 ----------------------------------- 23 Add lines 20 through 22 , , , , , , , . 23 1,200. Enter amount from Form 287,322. 24 1040, line 38 . . . . 24 , , , , , 25 Multiply line 24 by 2% (.02) 25 5,746. , , , , , , , , 26 Subtract line 25 from line 23. If line 25 is more than line 23, enter -0- , 26 NONE Other 27 Other- from list on page A-7. List type and amount ? ----------------------- Miscellaneous ----------------------- - - -------------------------------- Deductions SE STATEMENT 3 27 23. Total 28 Is Form 1040, line 38, over $150,500 (over $75,250 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 40. ? 28 40,047. ?X Yes. Your deduction may be limited. See page A-7 for the amount to enter. 1 29 If you elect to itemize deductions even though they are less than your standard deduction, check here ? For Paperwork Reduction Act Notice, see Form 1040 instructions. JSA 6A1400 2.000 Schedule A (Form 1040) 2006 40YOF1 K371 V06-8.1 DRU-24186 Schedules A&B (Form 1040) 2006 OMB No. 1545-0074 Page Z Name(s) shown on Form 1040. Do not enter name and social security number If shown on other side. THOMAS L WENGER & ETHEL C WENGER Your social security number 182-34-4146 _ Schedule B - Interest and Ordinary Dividends ttact See qu nce"No. 08 1 List name of payer. If any interest is from a seller-financed mortgage and the Amount Part I Interest buyer used the property as a personal residence, see page B-1 and list this interest first. Also, show that buyer's social security number and address ? CHARLES SCHWAB & CO INC 229. (See page B-1 and the PENNSYLVANIA STATE BANK 1,520. instructions for WACHOVIA BANK N.A. 641. Form 1040, , line8a.) WACHOVIA BANK N A 245" AMERIPRISE BANK FSB 961. AMERICAN EXPRESS BANK, FSB 476. AMERICAN ENTERPRISE INVESTMENT SERVICES 2.350. Note. If you received a Form FIRST STATE PROPERTY COMPANY 5. 1099-INT, Form 1099-011), or substitute statement from f irm, a brokerage list the fir's name as the payer and enter the total interest shown on that form. 2 Add the amounts on line 1 2 6,427. 3 Excludable interest on series EE and 1 U.S. savings bonds issued after 1989. Attach Form 8815 3 4 Subtract line 3 from line 2. Enter the result here and on Form 1040, line 8a ? 4 6,427. you must complete Part III. 500 If line 4 is over $1 Note Amount , , . 5 List name of payer ? Part II CHARLES SCHWAS & CO INC 2,451. Ordinary FIRST CLEARING LLC 173. Dividends HARSCO CORPORATION 64. U S DEPT OF AGRICULTURE 444. (See page B-1 and the AMERICAN ENTERPRISE INVESTMENT SERVICES 10,566. instructions for U S DEPARTMENT OF AGRICULTURE 359. Form 1040, line 9a.) RIVER VALLEY STOCK CLUB 107. Note. If you received a Form 1099-DIV or 5 substitute statement from a brokerage fir, list the fir's name as the payer and enter the ordinary dividends shown on that form. 6 Add the amounts on line 5. Enter the total here and on Form 1040, line 9a. . . ? 6 14,164. Note. If line 6 is over $1,500, you must complete Part III. Part III You must complete this part it you (a) had over $1,500 of taxable interest or ordinary dividends; or (b) had a foreign account; or (c) received a distribution from, or were a grantor of, or a transferor to, a foreign trust. Yes No Foreign Accounts t d T 7a At any time during 2006, did you have an interest in or a signature or other authority over a financial account in a foreign country, such as a bank account, securities account, or other financial account? See page B-2 for exceptions and filing requirements for Form TD F 90-22.1 X rus s an (See page B-2.) 1 , , , , , , , , , , , , , b If "Yes," enter the name of the foreign country ? 6 During 2006, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust? If "Yes," you may have to file Form 3520. See page B-2 .. .. . . . . . ... . ... . . . X For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule B (Form 1040) 2006 JSA 6A1600 4.000 40YOF1 K371 V06-8.1 DRU-24186 SCHEDULE D (Form 1040) Department of the Treasury Internal Revenue Service Name(s) shown on return additional transactions for lines 1 and 8. Your social security number 9 A7-'Ad-dl • Short-Term Capital Gains and Losses - Assets Held One Year or Less (a) Description of property (Example: 100 sh. XYZ Co.) (b) Date acquired (Mo., day, yr.) (c) Date sold (Mo., day, yr.) (d) Sales price (see page D-6 of the instructions (e) Cost or other basis (see page D-7 of the instructions (f) Gain or (loss) Subtract (e} from (d) 1SCHWAB YIELD PLUS SEL TSHARES 2 01.012 01/12/2006 1,942. 1,955. -13. 2 Enter your short-term totals, if any, from Schedule D-1, line2 .................................. 2 3 Total short-term sales price amounts. Add lines 1 and 2 in column (d) .............................. 3 1,942. 1 1 4 Short-term gain from Form 6252 and short-term gain or (loss) from Forms 4684, 6781, and 8824 ................................................. 4 5 Net short-term gain or (loss) from partnerships, S corporations, estates, and trusts from Schedule(s) K-1 .. . .. . ... .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 5 -7, 6 Short-term capital loss carryover. Enter the amount, if any, from line 10 of your Capital Loss Carryover Worksheet on page D-7 of the instructions , , , , , , , , , , , , , , , , , , , , , , , , , , , 6 7 Net short-term capital gain or (loss). Combine lines 1 through 6 in column (f) 7 -20. Long-Term Capital Gains and Losses - Assets Held More Than One Year (a) Description of property (Example: 100 sh. XYZ Co.) (b) Date acquired (Mo., day, yr.) (c) Date sold (Mo., day, yr.) (d) Sales price (see page D-6 of the instructions) (e) Cost or other basis (see page D-7 of the instructions) (loss) Subtract Gain (e) e) from (d) 8JANUS ENTERPRISE FUND 3.57 01/12/2006 2,768. 11,403. -8,635. SCHWAB YIELD PLUS SEL TSHARES 5 257.443 50,787. 51,141. -354. AMERICAN ENTERPRISE IN VESTMENT S ERVICES 06/14/2006 10. 10. 9 Enter your long-term totals, if any, from Schedule D-1, line9 ................................. 9 10 Total long-term sales price amounts. Add lines 8 and 9 in column (d) 10 53,565. - ............................... 11 Gain from Form 4797, Part I; long-term gain from Forms 2439 and 6252; and long-term gain or (loss) from Forms 4684, 6781, and 8824 11 ,,, ,,,,,, ,,,,,,,,,,,_ 12 Net long-term gain or (loss) from partnerships, S corporations, estates, and trusts from Schedule(s) K-1 12 362 .. ... . . .. . .. . .. .. . .. ... . . .. . .. . . . . ... . . . . .. . . . .. . . 13 Capital gain distributions. See page D-2 of the instructions . . . . . . . . . . . ... . . .. S:[W. 5. . . 13 5,029. 14 Long-term capital loss carryover. Enter the amount, if any, from line 15 of your Capital Loss Carryover Worksheet on page D-7 of the instructions . . .. . . . .... .. .. . .. .. . . . . . .. . 14 53 941 15 Net long-term capital gain or (loss). Combine lines 8 through 14 in column (f). Then go to Part III on the back . 15 -57,529. For Paperwork Reduction Act Notice, see Form 1040 or Form 1040NR instructions. JSA 6A2011 2.000 capital Gains and Losses OMB No. 1545 ?Attach to Form 1040 or Form 1040NR. ?See Instructions for Schedule D (Form 1040). 2006 Schedule D (Form 1040) 2006 40YOF1 K371 V06-8.1 DRU-24186 THOMAS L WENGER & ETHEL C WENGER 182-34-4146 Schedule D (Form 1040) 2006 page 2 . ? Summary 16 Combine lines 7 and 15 and enter the result. If line 16 is a loss, skip lines 17 through 20, and go to line 21. If a gain, enter the gain on Form 1040, line 13, or Form 1040NR, line 14. Then go to line 17 below . .... . . . ......... ... . . .... . ... ... .... ...... ... 16 - 17 Are lines 15 and 16 both gains? R Yes. Go to line 1 B. No. Skip lines 18 through 21, and go to line 22. 18 Enter the amount, if any, from line 7 of the 28% Rate Gain Worksheet on page D-8 of the instructions ................................................ No, 19 Enter the amount, if any, from line 18 of the Unrecaptured Section 1250 Gain Worksheet on page D-9 of the instructions ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ? 20 Are lines 18 and 19 both zero or blank? ? Yes. Complete Form 1040 through line 43, or Form 1040NR through line 40. Then complete the Qualified Dividends and Capital Gain Tax Worksheet on page 38 of the Instructions for Form 1040 (or in the Instructions for Form 1040NR). Do not complete lines 21 and 22 below. ? No. Complete Form 1040 through line 43, or Form 1040NR through line 40. Then complete the Schedule D Tax Worksheet on page D-10 of the instructions. Do not complete lines 21 and 22 below. 21 If line 16 is a loss, enter here and on Form 1040, line 13, or Form 1040NR, line 14; the smaller of: • The loss on line 16 or 1 , , , , , 21 ( 3,01 • ($3,000), or if married filing separately, ($1,500) J Note. When figuring which amount is smaller, treat both amounts as positive numbers. 22 Do you have qualified dividends on Form 1040, line 9b, or Form 1040NR, line 10b? a Yes. Complete Form 1040 through line 43, or Form 1040NR through line 40. Then complete the Qualified Dividends and Capital Gain Tax Worksheet on page 38 of the Instructions for Form 1040 (or in the Instructions for Form 1040NR). ? No. Complete the rest of Form 1040 or Form 1040NR. Schedule D (Form 1040) 2006 JSA 6A2020 2.000 40YOF1 K371 V06-8.1 DRU-24186 SCHEDULE E Supplemental Income and Loss OMB No. 1545-0074 . (Form 1040) (From rental real estate, royalties, partnerships, ?j S corporations, estates, trusts, RFJNICs, etc.) [2006 Department of the Treasury Attachment Internet Revenue Service (99) ? Attach to Form 1040, 1040NR, or Form 1041. ?See Instructions for Schedule E (Form 1040). Sequence No. 13 Name(s) shown on return Your social security number THOMAS L WENGER & ETHEL C WENGER 182-34-4146 Income or Loss From Rental Real Estate and Royalties Note. If you are in the business of renting personal property, use Schedule C or C-EZ (see page E-3). Report farm rental income or loss from Form 4835 on page 2, line 40. 1 List the type and location of each rental real estate property: 2 For each rental real estate property Yes No A RESIDENTIAL RENTAL _ ---------------------- listed on line 1, did you or your family ----- -- KITTY HAWK NORTH CAROLINA use it during the tax year for personal A X B purposes for more than the greater of: ----------------------------------------------- • 14 days or e 10% of the total days rented at B C ________________________________________ fair rental value? (See page E-3.) C Properties Totals Income: A B C (Add columns A, B, and C.) 3 Rents received • , , , , , , , , , 4 Royalties received . Expenses: 5 Advertising ,,,,,,,,,,,, 6 Auto and travel (see page E-4) . . . 7 Cleaning and maintenance . . . . . 8 Commissions . . . . . . . . . . . 9 Insurance . . . . . . . . . . . . 10 Legal and other professional fees . . 11 Management fees .. . . . . . . . 12 Mortgage interest paid to banks, etc. (see page E-4) . . . . . . . . . 13 Other interest ,,,,,,,,,,, 14 Repairs . . . . . . . . . . . . . . 15 Supplies . . . . . . . . . .. . . . 16 Taxes . . . . . . . . . . . . . . . 17 Utilities . . . . . .. . . . . . . . 18 Other (list) ?_____________ SEE_ EXPENSE -STMT _ 3 4 5 6 7 8 9 10 11 12 13 7 ---------------------- ----------------------I 1a 19 Add lines 5 through 18 , , , , , , , 19 19.040. 19 19,040. 20 Depreciation expense or depletion (see page E-4),,,, •,.,.,, 20 805. 20 805. 21 Total expenses. Add lines 19 and 20 21 19,845. 22 Income or (loss) from rental real estate or royalty properties. Subtract line 21 from line 3 (rents) or line 4 (royalties). If the result is a (loss), see page E-5 to find out if you must file Form 6198 , , , • , 22 -2,572. 23 Deductible rental real estate loss. Caution. Your rental real estate loss on line 22 may be limited. See page E-5 to find out if you must l fil F 2 R e orm 858 . ea estate professionals must complete line 2 ( 2 572 a ( ) ( ) 43 on page 2 • • • • • • • 3 24 Income. Add positive amounts s hown on line 22. Do not in clude any losses , , • , , , , , , , , , • , 24 25 Losses. Add royalty losses from line 22 and rental real estate losses from line 23. Enter total losses here 25 2,572. 26 Total rental real estate and royalty income or (loss). Combine lines 24 and 25. Enter the result here. If Parts 11, 111, IV, and line 40 on page 2 do not apply to you, also enter this amount on Form 1040, line 17, or Form 1040NR. line 18. Otherwise, include this amount in the total on line 41 on paqe 2 ... 26 -2,572. For Paperwork Reduction Act Notice, see page E-7 of the Instructions. Schedule E (Form 1040) 2006 JSA 6X1300 1.000 40YOF1 K371 V06-8.1 DRU-24186 Schedule E (Form 1040) 2006 Attachment Sequence No. 13 Page 2 Name(s) shown on return. Do not enter name and social security number If shown on other side. Your social security number THOMAS L WENGER & ETHEL C WENGER 182-34-4146 Caution. The IRS compares amounts reported on our tax return with amounts shown on Schedules K-1. Income or Loss From Partnerships and S Corporations Note. If you report a loss from an at-risk activity for which any amount is not at risk, you must check the box in column (e) on line 28 and attach Form 6198. See page E-1. 27 Are you reporting any loss not allowed in a prior year due to the at-risk or basis limitations, a prior year unallowed loss from a passive activity (if that loss was not reported on Form 8582), or unreimbursed partnership expenses? 0 Yes QX No If you answered 'Yes,' see page E-6 before completing this section. 28 (a) Name (b) Enter P for partnership; S for S corporation (c) Check if foreign partnership (d) Employer identification number (e) Check if any amount is not at risk A- FIRST STATE PROPERTY ANY P 23-213183 1 B P 23-243753 8 R- RIVER VALLEY SOCKCUB P 23-228829 3 D ST MT 7 Passive Income and Loss Nonpassive I ncome and Loss (f) Passive loss allowed (attach Form 8682 if required) (g) Passive income from Schedule K4 (h) Nonpassive loss from Schedule K-1 0) Section 179 expense deduction from Form 4562 U) Nonpassive income from Schedule K-1 A 17,480. B 13,656. C NO D 29a Totals 31,136. b Totals 30 Add columns (g) and Q) of line 29a , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . 30 31,136. 31 Add columns (f), (h), and (i) of line 29b . . . . . . . 31 32 Total partnership and S corporation Income or (loss). Combine lines 30 and 31. Enter the result here and include in the total on line 41 below , 32 31,136, aimmmm income or LOSS rrom Csiates ano 1 rusts 33 (a) Name (b) Employer identification number A ALICE MCCURDY TRUST FRO ETHEL 1015028960 38-6797004 B Passive Income and Loss Non passive Income and Loss (c) Passive deduction or loss allowed (attach Form 8582 if required) (d) Passive income from Schedule K-1 (e) Deduction or loss from Schedule K-1 (f) Other income from Schedule K-1 A NO e 34a Totals NO b Totals 35 Add columns (d) and (f) of line 34a , , , , , , , , , , , , , , , 35 NONE 36 Add columns (c) and (e) of line 34b . .. . . . .. . . . . . . . . . . . . . . . . . . . . . 36 37 Total estate and trust Income or (loss). Combine lines 35 and 36. Enter the result here and include in the total on line 41 below ....................................... Income or Loss From Real Estate Mort age Investment Conduits (REMICs) - Residual 37 NONE Holder 3g (a) Name (b) Employer identification number (c) Excess inclusion from Schedules O, line 2c see a e E-7 (d) Taxable income (net loss ) from Schedules Q line 1b (e) Income from Schedules O, line 3b 39 Combine columns (d) and (e) only. Enter the result here and include in the total on line 41 below 39 40 Net farm rental income or (loss) from Form 4835. Also, complete line 42 below . . . . . . . . . . . .. . . . . . 40 41 Total Income or (loss). Combine lines 26, 32. 37, 39, and 40. Enter the result here and on Form 1040, line 17, or Form 1040NR, line 16 10, 41 28,564. 42 Reconciliation of farming and fishing Income. Enter your gross farming and fishing income reported on Form 4835, line 7; Schedule K-1 (Form 1065), box 14, code B; Schedule K-1 (Form 1120S), box 17, code T; and Schedule K-1 (Form 1041), line 14, code F (see page E-7) , , , , , , 42 43 Reconciliation for real estate professionals. If you were a real estate professional (see page E-1), enter the net income or (loss) you reported anywhere on Form 1040 or Form 1040NR from all rental real estate activities in which you materially participated under the passive activity loss rules . . . . . 43 Schedule E (Form 1040) 2006 JSA 6X1310 1.000 40YOF1 K371 V06-8.1 DRU-24186 Form 6 2 51 artment at I service ry 99 t^teernall FWAne the Name(s) shown on Form 1040 or Alternative Minimum Tax - Individuals ? See separate instructions. 0- Attach to Form 1040 or Form 1040NR. B No. 1 20 Your social security number 1 1i7_'AA_A1 dG Alternative Minimum Taxable Income See instructions for how to complete each line. 1 If filing Schedule A (Form 1040), enter the amount from Form 1040, line 41 (minus an amount on Form 8914, line 6), and go to line 2. Otherwise, enter the amount from Form 1040, line 38 minus any amount on Form 8914, line 6), and go to line 7. (If less than zero, enter as a negative amount.) . . . . . . . . . . . . . 1 247 275. 2 Medical and dental. Enter the smaller of Schedule A (Form 1040), line 4, or 2 1/2% of Form 1040, line 38 2 3 Taxes from Schedule A (Form 1040), line 9 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 3 19,450. 4 Enter the home mortgage interest adjustment, if any, from line 6 of the worksheet on page 2 of the instructions . . , , 4 5 Miscellaneous deductions from Schedule A (Form 1040), line 26 , , , , , , , , 5 NONE 6 If Form 1040, line 38, is over $150,500 (over $75,250 if married filing separately), enter the amount from line 11 of the Itemized Deductions Worksheet on page A-7 of the instructions for Schedule A (Form 1040) 6 ( 2,737) 7 Tax refund from Form 1040, line 10 or line 21 7 ( ) 8 Investment interest expense (difference between regular tax and AMT) , , , , , , , , , , , , , , , , , , , 8 9 Depletion (difference between regular tax and AMT) , , , , , , , , , , , , , , , , , , , , , , , 9 10 Net operating loss deduction from Form 1040, line 21. Enter as a positive amount , , , , , , , , 10 11 Interest from specified private activity bonds exempt from the regular tax , , , , , , , , , , , , , , 11 12 Qualified small business stock (7% of gain excluded under section 1202) , , , , , , , , , , , , , , 12 13 Exercise of incentive stock options (excess of AMT income over regular tax income) , , , , , , 13 14 Estates and trusts (amount from Schedule K-1 (Form 1041), box 12, code A) , , , , , , , , STMT, ,8, . 14 2,895. 15 Electing large partnerships (amount from Schedule K-1 (Form 1065-B), box 6) , , , , , , , , , , , , , , , 15 16 Disposition of property (difference between AMT and regular tax gain or loss), , , , , , , , , , , 16 17 Depreciation on assets placed in service after 1986 (difference between regular tax and AMT) , , , , , , , , , , , , 17 NONE 18 Passive activities (difference between AMT and regular tax income or loss) . , , , , , . , STMT 8 18 65. 19 Loss limitations (difference between AMT and regular tax income or loss) , , , , , , , , , , ,, , , 19 20 Circulation costs (difference between regular tax and AMT), , , , , , , , , , , , 20 21 Long-term contracts (difference between AMT and regular tax income) , , , , , , , , , , , , , , 21 22 Mining costs (difference between regular tax and AMT), , , , , , , , , , , , , , , , , , , , , , , , , , , , 22 23 Research and experimental costs (difference between regular tax and AMT) , , , , , , , , , , , 23 24 Income from certain installment sales before January 1, 1987 , , , , , , , , , , , , , , , , , , , , , , , , 24 25 Intangible drilling costs preference , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 25 26 Other adjustments, including income-based related adjustments , , , ,, , , ,, , , , , , , , , , , , , , , 26 27 Alternative tax net operating loss deduction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 27 ) 28 Alternative minimum taxable income. Combine lines 1 through 27. (If married filing separately and line 28 is more than $200,100, see page 7 of the instructions.), 28 266.948. Alternative Minimum Tax 29 Exemption. (If this form is for a child under age 18, see page 7 of the instructions.) _ IF your filing status is , , , AND line 28 is not over ... THEN enter on line 29 ... Single or head of household $112,500 $42,500 STMT 9 Married filing jointly or qualifying widow(er) , 150,000 , , , , , , , , , , 62,550 .. . Married filing separately, , , , , , , , , , , , 75,000, , , , , , , , , , 31,275 29 33,313. If line 28 is over the amount shown above for your filing status, see page 7 of the instructions. 30 Subtract line 29 from line 28. If more than zero or you are filing Form 2555 or 2555-EZ, go to line 31. If zero or less and you are not filing Form 2555 or 2555-EZ, enter -0- on lines 33 and 35 and skip the rest of Part II 30 233,635. 31 • If you are filing Form 2555 or 2555-EZ, see page 8 of the instructions for the amount to enter. • If you reported capital gain distributions directly on Form 1040, line 13; you reported qualified dividends on Form 1040, line 9b; or you had a gain on both lines 15 and 16 of Schedule D (Form 1040) (as refigured 31 59,817, for the AMT, if necessary), complete Part III on the back and enter the amount from line 55 here. • All others: If line 30 is $175,000 or less ($87,500 or less if married filing separately), multiply line 30 by 26% (.26). Otherwise, multiply line 30 by 28% (.28) and subtract $3,500 ($1,750 if married filing separately) from the result. 32 Alternative minimum tax foreign tax credit (see page 8 of the instructions), , ,,, , , , , , , , , , , , , , 32 383. 33 Tentative minimum tax. Subtract line 32 from line 31 33 59,434. 34 Tax from Form 1040, line 44 (minus any tax from Form 4972 and any foreign tax credit from Form 1040, line 47). If you used Schedule J to figure your tax, the amount for line 44 of Form 1040 must be refigured without using Schedule J (see page 9 of the instructions) . . .... . . ... . . . . . . .... 34 57,359. 35 Alternative minimum tax. Subtract line 34 from line 33. If zero or less, enter -0-. Enter here and on Form 1040, line 45 35 2,075. For Paperwork Reduction Act Notice, see page 10 of the Instructions. Form 6251 (2006) JSA 6x4700 2.000 40YOF1 K371 V06-8.1 DRU-24186 Form6251 (2006) T110MM L WENGER & ETHEL C WENGER 182-34-4146 Paget • Tax Computation Using Maximum Capital Gains Rates 36 Enter the amount from Form 6251, line 30 ................................. 37 Enter the amount from line 6 of the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040, line 44, or the amount from line 13 of the Schedule D Tax Worksheet on page D-10 of the instructions for Schedule D (Form 1040), whichever applies (as refigured for the AMT, if necessary) (see page 10 of the instructions) . • , , • , , , ... • . • , , , , . 37 38 Enter the amount from Schedule D (Form 1040), line 19 (as refigured for the AMT, if necessary) (see page 10 of the instructions) 39 If you did not complete a Schedule D Tax Worksheet for the regular tax or the AMT, enter the amount from line 37. Otherwise, add lines 37 and 38, and enter the smaller of that result or the amount from line 10 of the Schedule D Tax Worksheet (as refigured for the AMT, if necessary) ..... .. ..... 39 40 Enter the smaller of line 36 or line 39 ..... . .... ... .. ... ... ... . .. . .. . . .. . 41 Subtract line 40 from line 36 . 42 If line 41 is $175,000 or less ($87,500 or less if married filing separately), multiply line 41 by 26% (.26). Otherwise, multiply line 41 by 28% (.28) and subtract $3,500 ($1,750 if married filing separately) from the result SF{Fi STA,TE>!?FsNT 11 ... ? 43 Enter: • $61,300 if married filing jointly or qualifying widow(er), 43 61,300 • $30,650 if single or married filing separately, or • $41,050 if head of household. 44 Enter the amount from line 7 of the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040, line 44, or the amount from line 14 of the Schedule D Tax Worksheet on page D-10 of the instructions for Schedule D (Form 1040), whichever applies (as figured for the regular tax). If you did not complete either worksheet for the regular tax, enter -0- , ... . . . . . , 44, 229,605 45 Subtract line 44 from line 43. If zero or less, enter -0- , , • , , , . , , , . , , . 45 46 Enter the smaller of line 36 or line 37 , , • , , , , , , , , , , , , , , , , , , , 46 16,165 47 Enter the smaller of line 45 or line 46 ..... .... ..... . . . .. . . . 47 48 Multiply line 47 by 5% (.05) • , , , , • . , , ? 49 Subtract line 47 from line 46 . .. . . • .... . . . . . . ..... .... . . 1491 16,1651 50 Multiply line 49 by 15% (.15) • „ • , . , , „ • „ ? If line 38 is zero or blank, skip lines 51 and 52 and go to line 53. Otherwise, go to line 51. 51 Subtract line 46 from line 40,,,,,,,,,,,,,,,,,,,,,,,,,,, 1511 40 16,165. 41 217,470. 42 57-392- 52 Multiply line 51 by 25% (.25) . .. .. .. . . . . . . . . . ..... . . .. . . . . . . .. . . ? 52 53 Add lines 42, 48, 50, and 52 • • , , , , L 54 If line 36 is $175,000 or less ($87,500 or less if married filing separately), multiply line 36 by 26% (.26). Otherwise, multiply line 36 by 28% (.28) and subtract $3,500 ($1,750 if married filing separately) from the 54 result ..................................................... 55 Enter the smaller nf line 53 nr line 54 here and nn lino 31 JSA 6X4701 2.000 ................155 STMT 11 59,817. Form 6251 (2006) 40YOF1 K371 V06-8.1 DRU-24186 D i ti d A ti ti OMB No. 1545-0172 Form 4 5 6 2 • eprec a on an za on mor (Including Information on Listed Property) 2006 Department of the Treasury Internal Revenue Service ? See separate Instructions. ? Attach to your tax return. Attachment sequence No. 67 Name(s) shown on return klentltying number ER ETHEL WENG R 182-34-4146 Business or activity to which this form relates RESI12ENTIAL RENTAL SCHEDULE Election To Expense Certain Property Under Section 179 Note: If you have an listed property, complete Part V before you complete Part !. 1 Maximum amount. See the instructions for a higher limit for certain businesses . . . . . . . . . . . . . . . 1 2 Total cost of section 179 property placed in service (see instructions) 2 3 Threshold cost of section 179 property before reduction in limitation 3 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. M zero or less, enter -0-. M married 6 (a) Description of property I (b) Cost (business use only) I (c) Elected cost 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 2005 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 deduction. Add lines 9 and 10, but do not enter more than line 11 12 13 Carryover of disallowed deduction to 2007. Add lines 9 and 10, less line 12 . ? 13 Note: Do not use Part 11 or Part Ill below for listed property. Instead, use Part V. OEM Special Depreciation Allowance and Other Depreciation (Do not include listed, property.) (See instructions.) 14 Special allowance for qualified New York Liberty or Gulf Opportunity Zone property (other than listed propeq) placed in service during the tax year (see instructions) , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 14 15 Property subject to section 168(f)(1) election , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 15 16 Other depreciation (including ACRS) 16 • MACRS Depreciation (Do not include listed property.) (See instructions.) 17 MACRS deductions for assets placed in service in tax years beginning before 2006 , , , , , , , , , , , , , 17 470. 18 If you are electing to group any assets placed in service during the tax year into one or more general asset accounts, check here . . , . , ? n Section B - Assets Placed in Service Durina 2006 Tax Year Usina the General Denreciation System SEE ?1~i?' Ra11 I I tron of property (b) Month and year placed in service (c) Basis for depreciation (businessfinvestment use only - see instructions) (d) Recovery period (a) Convention (f) Method (g) Depreciation deduction 19a 3-year property b 5-year property c 7-year property 2.346. 7.000 HY 20ODB 335. d 10-year property e 15-year property f 20-year property g 25-year property 25 yrs. S/L h Residential rental 27.5 yrs. MM S/L property 27.5 yrs. M M S/L I Nonresidential real 39 yrs. M M S/L property M M S/L Section C -Assets Pl aced in Service Durin 2006 Tax Year Ulsin the Alternative De preciation System 20a Class life S/L b 12-year 12 yrs. S/L c 40-year 40 yrs. M M S/L 21 Listed property. Enter amount from line 28 21 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.. 22 805 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 JSA For Paperwork Reduction Act Notice, see separate Instructions. Form 4562 (2006) 6X2300 1.000 40YOF1 K371 V06-8.1 DRU-24186 WENGER & ETHEL C WENGER 182-34-4146 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 8, and Section C if applicable. Section A - Depreciation and Other Information (Caution: See the instructions for limits for passenger automobiles.) T Us, no vnu have evidence to suooort the business investment use claimed? Yes No 24b If "Yes." is the evidence written? Yes I m. (a) Type of property (list (b) Date placed in (c) Business/ investment (d) Cost or other (e) Basis for depreciation (fl Recovery (9) Method/ (h) Depreciation lected vehicles first) service use basis (businessnnvestment period Convention deduction section 179 perce ntage use only) cost 25 Special allowance for qualified New York Liberty or Gulf Opportunity Zone property placed in service during the tax year and used more than 501/6 in a qualified business use (see instructions) Y 5 26 Property used more than 50% in a qualified business use: S/L - S/L - S/L - 28 Add amounts in column (h), lines 25 through 27. Enter here and on line 21, page 1 , , , , , , , , , , , , , , 28 29 Add amounts in column (i), 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 (a) Vehicle 1 (b) Vehicle 2 (c) Vehicle 3 (d) Vehicle 4 (e) Vehicle 5 (f) Vehicle 6 year (do not include commuting miles) , , , , , , , 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 ,,,,,,,,,,, ,,,, ,,,, , 34 Was the vehicle available for personal use during Yes No Yes No Yes No Yes No Yes No Yes No off-duty hours? . . . . . . . . . . . . . . . . . . . 35 Was the vehicle used primarily by a more than 5% owner or related person? , , , , , , , , , , , , - -- 36 Is another vehicle available for personal use? n 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 instructions). 37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, Yes No by your employees? . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . 38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees? See 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 Our employees about the use of the vehicles, and retain the information received? 41 Do you meet the requirements concerning qualified automobile demonstration use? (See instructions.) . . . . . . . . . . . . . . . Note: !f your answer to 37, 38, 39, 40, or 41 is "Yes, " do not complete Section B for the covered vehicles. (a) (b) Icl (d) Amortezation If) Date amortization Amortizable Code Amortization for Description of costs begins amount section period percentage this year 42 Amortization of costs that begins during your 2006 tax year (see instructions): 43 Amortization of costs that began before your 2006 tax year 43 160. 44 Total. Add amounts in column (f). Seethe instructions for where to report44 160. 310 1.000 Form 4562 (2006) 40YOF1 K371 V06-8.1 DRU-24186 27 Property used 50% or less in a qualified business use: N m C O 1 n N in b r/ Pf O co O co b rl ? CT to U E v U w m c I I^ m F ? m U Q c?c?llssff N ? Ye RS JJ! ILI ' e? V .. !? l? l N l? U3 in Q U 1-1 Uf m ..1 O O ~ ' J in p 4 W .7. R1 'm c pp! Ci C2, Q 10 Q C. 'pON :E W N N N C4 N 0 C O N rl ! In ! U1 ~ b O) 03 r. _ O O1 O1 N O1 m n Uf r? U) N rl m m 1 0 N to N Y y "' a O O i O O W m m to i C O N C UT Om m ?q . to rl %a 14 , C O N N W r O W Qio Q ? O O N ? N l O 0 C y 1 C •'.. C 7 Q1 001 N . f0?1 r 1Nif 0?1 b V t ! O ; N 0cn1 P 0?1 N a _ ,E co L tr; E= r, . , Q? m E ? Q 0 o o a a 1n 0 CCD -W m GGo W 01 N 1n fo W Uf 111 1D fo N 1L y '98 co eWi U1 ! N N N N v o as pq y U N N C 'y t 2 cn = n m C 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 Cl 0 O O O O C ; C; rl O r/ O r/ O N l O rl O rl l O rl •p O ?'1 ! O f0 , y .+.? O O N 01 Of P U) O t0 O O ! Uf ? 1n co O ? O 1 N I 10 U1 M y 1! ?V U) ! N N N p U N N c o` co H .i 'r a C ! m ! a in IN o O fo 01 y •p U rl .a O1 .-1 % .? O N O N O N C m 01 O V D rl rl [? rl m OD N O (p? rl ?$ W O O O O O O O p R p O• 1o O !? w? t? n d y O Q O rl O O O O C "L y y z N d ??? O m N N O y p y? pppp Q Q ~ P4 Q 0 10 n c 79 LLI ? ? {y v Q N a s ri UC F W y ¢ F O H ? r. °? g d O Q O p o M J N F co O O N O o H 2 g ? a ID- y N O Q?txD °m a? ? C U N Nw J `m m a N N ~ ' Y/ O) O O E N .-1 ? T15E N a. C N p ! N Cl ° O C `1p' Ig.2 N ?-1 of m U U m ? Q Cm O M H a c a ? W; n o Q y' 2 ~ f6 Of 0 + V . -1 'i I N Of H 1! i V a? ?n ¢ m? CL 0 H O O O O O O O O O O O O - m O O O O O O ¢ C F pl .-1 l N ri ! a 1( f- i Q U m ? ?' ? ra i ?6 t o 0 0 0 aa In Ln C N N H ? N N 01 o i en N 01 W PI N 01 N Ifl < E'm ? 10 A7 O ?v c Ur 01 in b 10 1!f M A/ Q y =' 01 m off f N en O "' ? d -0 P1 Ch O O %D d U 0) ch 0% 01 at OI O O O O O O Gl ri ei ?-1 N N N la-m N 1? r/ O) O rl O. N O O O O O O 10 O t` n1 lh CD C. .-I O O O O Z G d O - N o a (j J a' ¢ a a C02 a. LU on H! aaM e ? c F - G 0?0 ?t A 8 J O co 0 N w o M ? p N m ? N N O 01 ?w THOMAS L WENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO FORM 1040 sssssxsx=xsxxeeeexexxeexxexeeasseaxxeeexxsacxxxssxxsssxxxsxxxxxssaxxxxxsx.se QUALIFIED DIVIDENDS xsxxxxxsxxxxxxxxxxx QUALIFIED DIVIDENDS FROM FORM 1099 CHARLES SCHWAB & CO INC 2,385. FIRST CLEARING LLC 173. HARSCO CORPORATION 64. AMERICAN ENTERPRISE INVESTMENT SERVICES 10,566. ------------ TOTAL FORM 1099 QUALIFIED DIVIDENDS 13,188. ------------ PSHIP, S CORP. & ESTATE/TRUST QUALIFIED DIVIDENDS ------------------------------------------------- RIVER VALLEY STOCK CLUB 82. TOTAL PASS THROUGH QUALIFIED DIVIDENDS 82. ------------ ------------ TOTAL TO 1040, LINE 9B 13,270. STATEMENT 1 40YOF1 K371 V06-8.1 DRU-24186 THOMAS L WENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO FORM 1040 PERSONAL EXEMPTION WORKSHEET ____________________________ 1. IS THE AMOUNT ON FORM 1040, LINE 38 GREATER THAN AMOUNT SHOWN ON LINE 4 BELOW FOR YOUR FILING STATUS? IF YES, GO TO LINE 2. 2. TOTAL EXEMPTIONS MULTIPLIED BY $ 3,300 ................ 6,600. 3. ADJUSTED GROSS INCOME ................................. 287,322. 4. FILING STATUS INCOME LIMIT ............................ 225,750. 5. LINE 3 LESS LINE 4 .................................... 61,572. 6. IS LINE 5 GREATER M YES MULTIPLY $1,100 ENTER THE RESULT ON X NO DIVIDE LINE 5 BY NOT A WHOLE NUMBER, 3AN $122,500 ($61,250 FOR MFS)? BY THE TOTAL NUMBER OF EXEMPTIONS. FORM 1040, LINE 42. 25 2,500 (1,250 IF MFS).IF THE RESULT IS INCREASE TO THE NEXT WHOLE NUMBER. 7. LINE 6 X 0.02 ......................................... 0.50 8. LINE 2 MULTIPLIED BY LINE 7 ........................... 3,300. 9. DIVIDE LINE 8 BY 1.5 .................................. 2,200. 10.DEDUCTION FOR EXEMPTIONS (LINE 2 LESS LINE 9) 4,400. STATEMENT 2 40YOF1 K371 V06-8.1 DRU-24186 THOMAS L WENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO SCHEDULE A ssmsesassxssamssmaxsxssassssssassssxaassssssssxaxsssssssasssseeassaxxaaassss MISC. DEDUCTIONS NOT SUBJECT TO 2% LIMITATION --------------------------------------------- PORTFOLIO DEDUCTIONS FROM K-1 SOURCES TOTAL TO SCHEDULE A, LINE 27 23. ------------ 23. STATEMENT 3 40YOF1 K371 V06-8.1 DRU-24186 THOMAS L WENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO SCHEDULE A ITEMIZED DEDUCTION WORKSHEET ---------------------------- 1. SCHEDULE A, LINES 4, 9, 14, 18, 19, 26, AND 27 ....... 42,784. 2. SCHEDULE A, LINES 4, 13, 19, AND GAMBLING AND CASUALTY OR THEFT LOSSES INCLUDED ON LINE 27 ......... 3. LINE 1 LESS LINE 2 ................................... ------------ 42,784. 4. LINE 3 MULTIPLIED BY 80% ............... 34,227. 5. ADJUSTED GROSS INCOME .................. 287,322. 6. $150,500 ($75,250/MARRIED FILING SEP.).. 150,500. - 7. LINE 5 LESS LINE 6 ..................... 136,822. ---- --------- 8. LINE 7 MULTIPLIED BY 3W ................ ---__-4,105. 9. SMALLER OF AMOUNTS ON LINES 4 OR 8 ................... 4,105. 10. LINE 9 DIVIDED BY 3 ................................. 1,368. 11. LINE 9 LESS LINE 10 ................................. 2,737. 12. TOTAL ITEMIZED DEDUCTIONS (LINE 1 LESS LINE 11) ..... 40,047. STATEMENT 4 40YOF1 K371 V06-8.1 DRU-24186 THOMAS L NENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO SCHEDULE D xxxxxexxs?xxxxssssxxxxxsssssxxxxsssxxxxsxsssssssssssssxssssssssssss=xeossess PART II LONG-TERM CAPITAL GAINS AND LOSSES LINE 13 CAPITAL GAIN DISTRIBUTIONS ---------------------------------------------------------------------- CAPITAL NAME OF PAYER GAINS ------------------------------------------ ------------ FIRST CLEARING LLC 5,029. ------------ SUBTOTAL FROM 1099-DIV 5,029. ------------ ------------ TOTAL TO SCHEDULE D, LINE 13 5,029. STATEMENT 5 40YOF1 K371 V06-8.1 DRU-24186 THOMAS L WENGER & ETHEL C WENGER 41 182-34-4146 SUPPLEMENT TO SCHEDULE E OTHER EXPENSES, SCHEDULE E - PAGE 1, LINE 18 = as = a x x e o c= x= x = ae aax x xa x = a e e =x = _ __ __ =x x = e= _ _ KIND OF PROPERTY: RESIDENTIAL RENTAL LOCATION OF PROPERTY: KITTY HAWK, NORTH CAROLINA AMORTIZATION YARD MAINTENANCE PROPERTY ASSOCIATION/CLUBS MEALS & TRAVEL; CC MAINTENANCE & REPAIRS MISCELLANEOUS MISCELLANEOUS RENTAL AGENCY 160. 860. 2,520. 3,500. 682. 2,327. 10,049. STATEMENT 6 40YOF1 K371 V06-8.1 DRU-24186 THOMAS L WENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO SCHEDULE E s=sxsxx:xs:xssxxxsaxaasxxxxxxxxxxxxaxxxxxxasxaxxsxxsaxx=xxxxsxxss=ssxxsxsxxs PART II, INCOME OR LOSS FROM PARTNERSHIPS AND S CORPORATIONS xsaxss=sxxxxxsxxssssaasxasssxxxxssaxxxxxxssassxssssxxxxxxxxs COLUMNS (F) & (G) - PASSIVE INCOME OR LOSS K-1 NAME: FIRST STATE PROPERTY COMPANY ID NUMBER: 23-2131831 DESCRIPTION ----------------------------------- R NTAL REAL ESTATE INCOME OR LOSS ALLOWABLE INCOME/LOSS K-1 NAME: SECOND STATE PROPERTY CO. ID NUMBER: 23-2437538 DESCRIPTION ----------------------------------- RENTAL REAL ESTATE INCOME OR LOSS ALLOWABLE INCOME/LOSS INCOME/LOSS 17,480. ------------ 17,480. xsaxxxssxxxx INCOME/LOSS 13,656. ------------ 13,656. STATEMENT 7 40YOF1 K371 V06-8.1 DRU-24186 THOMAS L WENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO FORM 6251 =sss=ssssassssessss=sesess===sass=eesessessscesssssesseessseees=e=e=ssssssss ESTATES AND TRUSTS DESCRIPTION --------------------------------- ALICE MCCURDY TRUST FBO ETHEL 10150 TOTAL TO FORM 6251, LINE 14 ADJUSTMENT 2,895. ------------ 2,895. PASSIVE ACTIVITY LOSS DESCRIPTION --------------------------------- SECOND STATE PROPERTY CO. RESIDENTIAL RENTAL TOTAL TO FORM 6251, LINE 18 REGULAR AMT PASSIVE INC./LOSS - INC./LOSS ADJUSTMENT --------- 13,656. ---------- 13,826. ---------- 170. -2,572. -2,677. -105. ------------ 65. STATEMENT 8 40YOF1 K371 V06-8.1 DRU-24186 +THOMAS L WENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO FORM 6251 PASSIVE ACTIVITY - INCOME AND LOSS DETAIL s ea so o a= o o as =_ __ e== o o a ca== e e e= o e =o oa a= o= e REGULAR AMT INC./LOSS INC./LOSS ---------- ---------- ACTIVITY - SECOND STATE PROPERTY CO. RENTAL REAL ESTATE INCOME OR LOSS REGULAR INCOME OR LOSS BEFORE LIMITATIONS PLUS: POST-86 DEPRECIATION ADJUSTMENT AMT INCOME OR LOSS BEFORE LIMITATIONS ALLOWABLE INCOME OR LOSS ACTIVITY - RESIDENTIAL RENTAL GROSS INCOME TOTAL DEDUCTIONS (EXCLUDING DEPLETION) POST-86 DEPRECIATION INCOME OR LOSS BEFORE LIMITATIONS ALLOWABLE INCOME OR LOSS NET INCOME OR LOSS 13,656. ------------ 13,656. 13,656. 170. ------------ 13,826. ------------------------ 13,656. 13,826. 17,273. 17,273. 19,845. 19,845. N/A -105. -------------- -2,572. -------------- ---------- -2,677. ---------- -2,572. ------------- -2,677. --- ----- -2,572. -- -2,677. LINE 29 - EXEMPTION WORKSHEET 1. $42,500. IF SINGLE OR HEAD OF HOUSEHOLD $62,550. IF MARRIED FILING JT. OR QUAL. WIDOW(ER) $31,275. IF MARRIED FILING SEPARATELY 2. ALTERNATIVE MINIMUM TAXABLE INCOME, LINE 28 266,948. 3. $112,500. IF SINGLE OR HEAD OF HOUSEHOLD $150,000. IF MFJ OR QUAL. WIDOW(ER) 150,000. $ 75,000. IF MARRIED FILING SEPARATELY ------------ CONTINUED... 62,550. STATEMENT 9 40YOF1 K371 V06-8.1 DRU-24186 ITHOMAS L WENGER & ETHEL C WENGER D 182-34-4146 SUPPLEMENT TO FORM 6251 LINE 29 - EXEMPTION WORKSHEET (CONT'D) 4. LINE 2 LESS LINE 3 5. MULTIPLY LINE 4 BY 25$ 6. EXEMPTION AMOUNT (LINE 1 LESS LINE 5) 116,948. 29,237. ------------ 33,313. STATEMENT 10 40YOF1 K371 V06-8.1 DRU-24186 I . THOMAS L WENGER & ETHEL C WENGER 182-34-4146 SUPPLEMENT TO FORM 6251 ssssasssaassssssssssssssassss=sssss=s=eossessssssssssssessss===ssssse=essssa LINE 42 - WORKSHEET 1. AMOUNT FROM FORM 6251, LINE 41 2. LINE 1 MULTIPLIED BY 28* 3. $3,500 OR $1,750 IF MARRIED FILING SEPARATELY 4. TOTAL TO FORM 6251, LINE 42 (LINE 2 LESS LINE 3) LINE 54 - WORKSHEET ___________________ 1. AMOUNT FROM FORM 6251, LINE 36 2. LINE 1 MULTIPLIED BY 28W 3. $3,500 OR $1,750 IF MARRIED FILING SEPARATELY 4. TOTAL TO FORM 6251, LINE 54 (LINE 2 LESS LINE 3) 217,470. 60,892. 3,500. 57,392. 233,635. 65,418. 3,500. 61,918. STATEMENT 11 40YOF1 K371 V06-8.1 DRU-24186 °; c o 1 0 CL u' '9 U Ol c ¢ m a+ Y Y Q. m N E C d) N a d C c c .?-, O u? E ? Q V d uQ 0 m > LL L n N °s a LL R N CL O O O LL O Q ~ Z N n O Qom' Y m m d .r 7& u O CL ?« N ac t mm ~ c m C ya O (mn a O U. o O Qe w N ? r 9¢ O (D Q E ?U3 U. N ?c o U V o 10- L c ' LL Z O E aE u.. U LL N? v co ? Ln OJ cli r a O i + l4 m M (`) ! ; S ' d O ?i 3 h x Ln 0 3 Q' l0 2 t t!') aci o 0 c tv m UO L a O m N u1 3 M m o O LO C U r-1 .U U7: C U _ Y A ? ? m om: N c C m u mWU y .-t ¢ o Q to; ? N O m a ? r v v M: use. uee• rueaw r e Q M ? ci OD CD R O ' a HEI E W H O l0 ' c w h; -4 $? C? m N G mN 4 T c N x 1w 0 LO CL 0 ; ?i c N ' O` N U . V m m L n: W N a m m m '? to N C m 7 to CD m v c o Z r ?i N V) U*l Q CD M C co r r O. O N 7 i ? in M; Z h 0 ? Y O U. ? h I ?Nj c: j Ln 3 r1; SM C7 m N ' : N O m ro PU c a t'u ° 3 u h N P i a Z L 4-) UJ N •r1 v E CO a) 0) E p -° r-1 b d :3 O c M E 04 `a co N a L r t IV x ro g m °; c v` ?r l0 m r-I m a r co !-1 'L3 CO t3l a Q' E 1-1 S4 H M y ri C> M 0) ?4 E 6, N k O 5 k n (D LO c l0 m O A 1 ' = a? v A > aN: E V LO h m N W z .i H v m (') 4 ^ n : m D U o m E W m ,•a a ? T 1 > (4, o ? " 1 4 X co O 14 N 3 0 h ° ttY ; Q - c c) O .a U) E C, -H O (0 E OD E O v h E i 2 , m j N ( N w 3 Ln W .Z W r-1 ' W W O: r V m a v v m H% 2 as A 3 0- ' T m o o Y Y (D r 0 ?a c a i° m a m 1 C ? O N Q y T Q m ? a 0 6 m U. E CL ..D 0 pN? O C Q m u m r u r m ? .0 ac mm _ m m N MAD o 0 L CL c C.2 e io x h eE E > Q C 4) 4) _ Nye ?n ?tL? a3 E aE L U.U A f-r ll Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 (717) 232-0255 FAX cpbruntgb-CPBruntLaw.com Attorney for Defendant ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-667 CIVIL TERM THOMAS L. WENGER, Defendant IN DIVORCE INVENTORY OF DEFENDANT. THOMAS L. WENGER I verify that the statements made in this Inventory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: Defendant files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options (X) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes (X) 8. Trusts (X) 9. Life insurance policies ( ) 10. Annuities (X) 11. Gifts (X) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home (X) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/award (X) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other -2- I. MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. NAMES OF ITEM DESCRIPTION OF PROPERTY ALL COMMENTS NO. OWNERS Farm at 207 Clouser Road, Encumbered by mortgage 1 H & W Mechanicsburg, PA with PA State Bank 2 112 Vireo Way, Duck, NC H & W Encumbered by mortgage t secure sons debt % Partnership interest in First State 3 Property Company and Second State H Property Company 4 achovia Checking Account # -9025 H & W 5 achovia Money Market Acct. # -4474 H & W 6 achovia CD # -1822 H & W 7 PNC Bank Checking Acct. # -9137 W 8 achovia Acct. # -8872 W & William B. McCurdy 9 achovia CD Acct. # -5170 (formerly W & William cct. # -2258 B. McCurdy 10 006 Mazda Wix, Wenger & Weidner 11 000 Jaguar S-Type W 12 l Wachovia Securities Acct. #-9180 H 13 River Valley Stock Club interest W ix, Wenger & Weidner Profit Sharing 14 Plan H 15 Schwab IRA Acct. # -3184 H 16 Travelers Life & Annuity policy # H U7059315 17 Northwestern Mutual policy # 5935993 H -3- NAMES OF ITEM DESCRIPTION OF PROPERTY ALL COMMENTS NO. OWNERS 18 Interest in Wix, Wenger & Weidner H H is retiring from firm as of 12/31/07 Marital increase in value of W's 19 linherited/gifted assets W Income generated from farm since 20 H & W Received by W separation U.S. Dept. of Agriculture subsidies for 21 arm since separation H & W Received by W 22 Household furnishings and antiques H & W 23 Jewelry W 24 Misc. Farm equipment H & W -4- II. NON-MARITAL PROPERTY OF HUSBAND Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NO. DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 1 Non-marital portion of Wix, Wenger & Weidner Acquired subsequent to Profit Sharing Plan separation 2 Post- separation accumulations in bank accounts Acquired subsequent to separation III. NON-MARITAL PROPERTY OF WIFE Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NO. DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 1 Non-marital portion of inheritance/gifts Acquired by inheritance or gift 2 st- separation accumulations in bank ?c counts Acquired subsequent to separation -5 - Ors ? N OG T ?r w o. Q- 4 W c W 3 Z ? O v V cca u. u W? 3 r' ? a ? N .3 a? ? o C OG c- OG W ? li. N Z .N ?- N O ~? aC °' 4 N V G E 4? ? U. 0 v Ir- U) m S U,O co c 4 o Z co co N 4 0 m U. r rs a? -`v W aG Q, QU a Z 0 2 r c W 0 c I N 'r3 0 S ? S c CL. O c Z cca ?Ca?= co a o ate. ? o U. Q O N a 0 -- U N ? c"'a W N 0 c'b N u' N --' O 1? 't3 Z 4 J 7 U ? o N Z U- O N C 0 ^? L N ? N o co 7 N { N M 1? 7 CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the ?f day of 2007, 1 served a true and correct copy of the Inventory Of Defendant, THOMAS L. WENGER, by hand-delivery to the following: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff zd'?4 CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt(@_QP13runtLaw.com Attorney for Defendant ?1 I. ETHEL C. WENGER, Plaintiff V. THOMAS L. WENGER, Defendant DEC 0 6 2007 P/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-667 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, to wit, this -7" day of December, 2007, upon consideration of Defendant's Motion to Compel Discovery and Plaintiff's Answer thereto, it is hereby ORDERED and DECREED that Defendant's Motion to Compel Discovery is hereby £44-- 4 ? r BY THE COURT: /, JQ zQ/Llrt S 'N £ :I ! WV L- 330 LOOZ J?t?`J1Ut?. ti i ]H1 dU CITE (5) The action involves complex issues of law or fact. (6) The hearing is expected to take 2 days. (7) Additional information, if any, relevant to the motion: None . Date: !Y7 a CONSTANCE P. BRUNT, ESQUIRE Attorney for Defendant ORDER APPOINTING MASTER AND NOW ib"ev Z - t t , 2007, Esquire, is appointed master with respect to the following claims: Divorce, alimony, alimony pendente lite, distribution of property, counsel fees and expenses . By the J. ,- e ?t 7 ETHEL C. WENGER, Plaintiff V. THOMAS L. WENGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-667 CIVIL TERM ORDER OF COURT AND NOW, this 31" day of December, 2007, IT IS HEREBY ORDERED AND DECREED as follows: 1. Pursuant to 23 Pa. C.S. §3323(g)(3), grounds for divorce have been established under 23 Pa. C.S. §3301(d) on the basis that the marriage of the parties is irretrievably broken and that the parties had been living separate and apart for a period of 2 years prior to the filing of Defendant's Affidavit Under Section 3301(d) of the Divorce Code on February 7, 2007. 2. The Defendant's Petition for Bifurcation of this matter, filed on November 2, 2007, is hereby granted, and this action is bifurcated. 3. Plaintiff, ETHEL C. WENGER, and Defendant, THOMAS L. WENGER, are divorced from the bonds of matrimony pursuant to 23 Pa. C. S. §3301(d). 4. This Court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered, including without limitation, claims for equitable distribution of marital property, alimony pendente lite, alimony, counsel fees, costs, and expenses. 5. Defendant, THOMAS L. WENGER, shall continue to pay to Plaintiff, ETHEL C. WENGER, the sum of $5,188 per month as alimony pendente lite, pursuant to the Order of Court entered herein on December 22, 2005, pending the final resolution of all economic claims in this matter, without prejudice to future claims by either party for modification of said Order of Court. 6. In the event of the death of either party prior to the entry of a final Order of Court resolving all economic claims herein, such claims shall be determined in accordance with the Divorce Code, 23 Pa. C.S. §3103 et seq., pursuant to 23 Pa. C.S. §3323(d.1), and neither the surviving party nor the personal representative of the estate of the deceased party shall be prohibited from introducing any relevant and otherwise admissible evidence in support of or in opposition to such claims by the provisions of the Dead Man's Act, 42 Pa. C.S. §5930. 7. Pending final economic resolution, neither party shall alienate, assign, conceal, convey, dissipate, encumber, hypothecate, pledge, secret, transfer or otherwise dispose of any marital property. 8. If either party remarries prior to final economic resolution, the marrying party shall enter into a premarital agreement with his or her intended spouse in which the intended spouse shall waive any and all rights to marital property of these parties, until at least such time as the economic issues have been resolved in this case. 9. Husband shall continue to be responsible to provide health insurance to Wife with such insurance coverage to be no less comprehensive than that provided as of the date of execution of this Order. It is understood by the Court that, upon the entry of a Decree in Divorce, Wife will receive her health insurance benefits through COBRA, the cost of which shall be borne solely by Husband until the economic issues have been resolved. Husband's payment of such insurance coverage pursuant to this paragraph shall not be considered as any type of credit in the calculation of support, alimony pendente lite, or alimony. Should, for whatever reason, COBRA benefits not be available to Wife, Husband shall be responsible for the cost of medical coverage for Wife, comparable to the coverage she has as of the date of this Order. 10. All marital property of the parties, including all real estate shall be held in custodia legis after entry of the Divorce Decree. The real estate shall be converted to and held by the parties as tenants in common with no right of survivorship to the surviving party. 11. Any and all rights which Wife may have under the Retirement Equity Act of 1984 are expressly preserved. Husband shall take whatever steps are necessary to preserve Wife's right in any retirement interests, such as pensions, profit sharing plans or other similar assets that may exist. This includes maintaining Wife as a surviving spouse entitled to death benefits upon Husband's death even though the parties are divorced. 12. This matter is hereby listed with the Master. A pretrial conference with the Master is scheduled for April 7, 2008, at 9:30 a.m. Trial shall be held before the Master on May 15, 2008, commencing at 9:30 a.m. The parties are to cooperate in the speedy resolution of all economic issues. Should this Court find that a party has been dilatory in moving this matter forward, this Court shall impose appropriate sanctions on said party. 13. Husband is directed to supply to Wife's counsel, within 20 days of the date of this Order, all remaining documentation and/or information heretofore requested by Wife's expert with regard to the valuation of Husband's practice. 14. In the event of either party's death prior to the resolution of the economic claims, the action for divorce shall continue as if both parties were living. The Executor/Administrator of the estate of the deceased spouse shall act on behalf of the estate in the divorce action until its conclusion. 15. We will deal with the issue of the Federal Tax Liability after a hearing to be held before April I st, 2008 16. This Court shall retain jurisdiction to enforce the provisions of this Order. 17. This Order shall continue in full force and effect until further Order of Court or amended agreement in writing between the parties. BY THE COURT, E d E. Guido, J. ? ? ' C ' Maria P. Cognetti, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 12,31_0 .-7 Attorney for Plaintiff Constance P. Brunt, Esq. 1820 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant C) LLl?,1 ..3 Cl- M r ? ; W LA- C=nl V Constance P. Brunt, Esquire Supreme Court ID #28833 Beaufort Professional Center 1820 Linglesfown Road Harrisburg, PA 17110 (717) 232-7200 (717) 232-0255 FAX cobnirMQCPBrunCow.com Atiomey for Defendant ETHEL C. WENGER, Plaintiff V. THOMAS L. WENGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06467 CIVIL TERM IN DIVORCE AMENDED INCOME AND EXPENSE STATEMENT OF DEFENDANT. THOMAS L. WENGER I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: INCOME: Employer: Employer's Address: Type of Work: Pay Period: Gross annual pay: PA State Association of Township Supervisors 4855 Woodland Drive, Enola, PA Counsel Annual salary 187, 500.00 Employer: Wix, Wenger & Weidner (eff. 1/1/08) Employer's Address: 508 N. Second Street, Harrisburg, PA Type of Work: Of counsel Pay Period: Annual salary Gross annual pay: 30,000.00 TOTAL GROSS ANNUAL PAY: 217,500.00 Less taxes (see attached calculation): 89,856.89 NET ANNUAL PAY: 127,643.11 OTHER INCOME: Yearly Social Security Benefits 25,968.00 2006 Net income from First State Properties and Second State Properties 26.268.00 TOTAL ANNUAL INCOME (Gross): $269,736.00 TOTAL ANNUAL INCOME (Net): $179,879.11 TOTAL MONTHLY INCOME (Net): $14,989.93 -2- I 7 EXPENSES MONTHLY Home: Mortgage or Rent / Utilities 1,900.00 Maintenance 1,000.00 Lawn Care 45.33 Taxes: Personal taxes 4.00 Occupational taxes 4.33 Medical Expenses: Doctor 10.00 Dentist 10.00 Insurance: Health Insurance Premiums (Betsy) 419.95 Automobile 89.00 Life 41.67 Auto expenses: Fuel 203.00 Repairs/maintenance 67.00 Payments 210.00 Personal Expenses: Clothing 190.00 Groceries 216.67 Hairstylist 15.00 Memberships 239.17 Drycleaning 60.00 -3- EXPENSES MONTHLY Employment / Business Expenses: Lunches 200.00 Unreimbursed business supplies 10.00 Business dinners / retirements 100.00 Employee gifts 30.00 Miscellaneous: Papers/books/magazines 15.00 Entertainment 500.00 Vacation 400.00 Gifts (primarily for children) 2,000.00 Legal fees (avg. monthly) 1,200.00 Pet care 5.00 Church contributions 100.00 Charitable Contributions 100.00 Graduate school tuition for son 2,060.00 Alimony pendente lite 5,188.00 TOTAL MONTHLY EXPENSES: $16,633.12 -4- CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the PL day of __ , 2008, 1 served a true and correct copy of the foregoing Income 61 and Expense Statement of Defendant, Thomas L. Wenger, by first class mail, postage prepaid to: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff zje.?? CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt _CPBruntLaw.com Attorney for Defendant -5- ETHEL C. WENGER V. THOMAS L. WENGER NO. 06-667 CIVIL TERM DEFENDANT'S NET INCOME (2008 Gross Income at 2008 Tax Rates) 2008 GROSS ANNUAL INCOME: PSATS salary 187,500.00 WWW salary 30,000.00 Social Security 25,968.00 Est. income from First State Properties and Second State Properties (based on 2007 net) 26,268.00 TOTAL GROSS INCOME 269,736.00 Less Taxes and Mandatory Deductions: FIT* FICA (OASDI) (6.2% x 102,000) Medicare (1.45% on earned wages) PA (3.07% excluding social security) Unemployment Compensation (.09% on earned wages) Local (1% on earned wages) NET ANNUAL INCOME (70,524.71) (6,324.00) (3,153.75) (7,483.68) (195.75) (2,175.00) $179,879.11 = $14,989.93 per month *Federal Income Tax (Based on Filing Single and 2008 tax rates) Gross Taxable Income (including 85% of social security benefits) 265,840.80 Less: Standard Deduction (5,450.00) 1 Personal Exemption (3,500.00) Adjusted Taxable Income 256,890.80 Tax: Tax on first $164,550 40,052.25 Tax on excess (339/6) 30,472.46 Total tax $70,524.71 ti1bit FOLD AND REMOVE YOUR BANKING FOLD AND REMOVE EARNINGS HOURS RATE AMOUNT YTD AMOUNT REGULAR _ 7812.50 TOTAL EARNINGS 7812.50 15625 00 EMPLOYER INFORMATION . PENNSYLVANIA STATE ASSOCIATION FILING STATUS TAX TYPE -- AMOUNT YTD AMOUNT F TOWNSHIP SUPERVISORS 4855 WOODLAND DRIVE SOC SEC MEDICARE 484.38 968.76 ENOLA,PA 17025-1291 S 01 S 00 DERAL 113.28 1909. 226.56 3818 94 PA sui 239.884 4 . 479.68 PAY PERIOD 01/16/08 TO 01/31/08 CHECK DATE 01/30/08 CHECK 1 8 S1.5% HAMPO EM552 1134.69 .28 .56 9.38 2266.56 961 2.17 4.34 PERSONAL INFORMATION THOMAS L WENGER 107 DREXEL HILLS PARK ROAD NEW CUMBERLAND PA 17070 SS# XXX-XX-4146 EMPL# 000169 DEPT# 000100 TOTAL WITHHOLDINGS 2867.11 5734.22 ADJUSTMENTS - AMOUNT YTD AMOUNT Payrolls by Paychex, Inc. * 0028 6609 0001 000100 NET PAY 4945.39 9890.78 FOLD AND REMOVE FOLD AND REMOVE YOUR BANKING EARNINGS HOURS RATE AMOUNT YTD AMOUNT REGULAR 7812.50 TOTAL EARNINGS 7812.50 31250.00 EMPLOYER INFORMATION FILING STATUS TAX TYPE AMOUNT YTD AMOUNT PENNSYLVANIA STATE ASSOCIATION SOC SEC 484 38 1937 52 OF TOWNSHIP SUPERVISORS 4855 WOODLAND DRIVE S 01 MEDICARE . 113.28 . 453.12 ENOLA,PA 17025-1291 S 00 FEDERAL PA 1909.47 239.84 7637.88 959.36 SUI 4.69 18.76 PAY PERIOD 02/16/08 TO 02129/08 1.5% S 00 HAMPO LST52 113.28 2 17 453.12 8 68 CHECK DATE 02/29/08 CHECK # 9069 . . TOTAL WITHHOLDINGS 2867.11 11468.44 PERSONAL INFORMATION ADJUSTMENTS AMOUNT YTD AMOUNT THOMAS L WENGER 107 DREXEL HILLS PARK ROAD NEW CUMBERLAND PA 17070 SS# XXX-XX-4146 EMPL# 000169 DEPT# 000100 Payrolls by Paychex, Inc. 0028 6609 0052 000100 NET PAY 4945.39 19781.56 FOLD AND REMOVE YOUR BANKING FOLD AND REMOVE EARNINGS HOURS RATE AMOUNT YTD AMOUNT REGULAR 7812.50 TOTAL EARNINGS 7812.50 23437.50 EMPLOYER INFORMATION PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS FILING STATUS TAX TYPE SOC SEC AMOUNT YTD AMOUNT 4855 WOODLAND DRIVE ENOLA,PA 17025-1291 S 01 MEDICARE FEDERAL 484.38 113.28 1453.14 339.84 S 00 PA 1909.47 239 84 5728.41 PAY PERIOD 02101108 TO 02 15/08 CHECK D 51005% HAM PD . 113.28 719.52 339 84 ATE 02/15/08 CHECK / 9012 EM552 2.17 . 6.51 TOTAL WITHHOLDINGS 2867.11 8601.33 PERSONAL INFORMATION ADJUSTMENTS THOMAS L WENGER AMOUNT YTD AMOUNT 107 DREXEL HILLS PARK ROAD NEW CUMBERLAND PA 17070 SS# XXX-XX-4146 EMPL! 000169 DEPT/ 000100 Payrolls by Paychex, Inc. 0028 6609 0051 000100 NET PAY 4945.39 14836.17 Y` S " r? Wix Wenger & We4dner 508 North 2nd St:reet P:O. Box 845 Harrisburg Pennsylvania 17108 Wenger, Thomas L 107 Drexel Hills Park Road New Cumberland PA 17070 US SSN/TIN: ***-**-4146 STATEMENT OF EARNINGS AND DEDUCTIONS Earnings Type Regular Total Net Pay: 0.00 Disbursements Direct Deposit: DATE Feb 15/2008 Payroll: Feb 1/2008 to Feb 15/2008 Deductions/Taxes Hour Rate Amount YTD Type Amount YTD 10.00 125.00 1250.00 3750.00 Federal Income Tax 155.00 415.52 Social Security 77.50 232.50 Medicare 18.13 54.38 PA State Income Tax 38.38 115.14 PA State Unemployment In 0.75 2.25 PA5010 Local Income Tax 18.13 54.39 Garnishment $ 942.11 2826.34 1250.00 1250.00 0.00; Account: k ev?ibr-?- L T-372 P.0081029 F-346 APR-18-2008 10:I7AM FROM- ° 4 ? .,..r.a ?""" r ,no ' """y -internal t+evf:nue Service n) 007 ' , . Individual Income Tax Return U.S Label For the year Jan. 1-0,0e. 31, 2007, or other tax year boginning 2007, Gliding L Your first name ano initial Last name (See ,nstractions A THOMAS L WENGER on page 12 ) E d a,ant ron,rn, npvuso,s nwr nwno ono initial Last name Us•trio IRS l - label. H Horne address (number and street). If you haver a P.O, oox, see page 12- 01nerwisc. E ple;tse print R Of typo. I: 107 DREXEL HILLS PARK ROAD _ City, town or post orrice, stale, and ZIP coda. If yo411avo a foreign aadresi, see page 12. Presidential L.. ¦ '", Election Campaign lo. 1 Filing Status 2 Check only 3 one box, Exemptions If more than fear dcpenaenui. see pagc 1 b. ck here if you. or your spouse if filing jointly, want $3 to qo to Single 4 Married filing jointly (even if only one had income) Married fling separately. Enter spouse's SSM above Apt, no. Your social security number 182-34-4146 _ spoua•'e social eecurAy number You must enter your SSN(s) above-AL Checking a box below will not change your tax or refund. 'und (seepage 12) ? 1 1 You - I Spouse Head of household (with qualifying person). (See page 13.) If the qualifying person is a child but not your dependent, enter this child's name here. ? rid full name here. 5 1 1 Qualifying 68 1 A I Yourself. If someone can claim you as a dependent, do not check box 6a b { Spouse Use Only - 00 not write or stable in this ew(er) with dependent child (see page 14) Boxes checked a • , on and No. . of children e Dependents: (2) Dependent's (3) popendem's secis( security numbor relationship to on tic who- 4) u,,4 eawo a lived with you .rat for Grid W. a diet not live with tow 1400 raoa 10r you due to divorce or separation (Sao page 14) Dependents on 6c not ont•roo above Add numbers on d Total number of exemptions claimed , , , lines oboe /' Income 7 Wages, salaries. tips, etc. Attach Form(s) W2 , , . . , , . , , , a a Taxable interest. Attach Schedule 8 if required .. . . . . . . . .. . . . .. . . Attach Formte) b Tax-oxempt interest. Do not include: on line 8a . , , • , , , , I Sb W-2 Mro. Also 9& Ordinary dividends, Attach Schedule B if required .. . . . . . .. . . . . . .. . attach Forms W-26 and le STr T 1 9b 376, Qualified dividends (see page 19) . ?. 1099.R if tax 10 Taxable refunds, credits, or offsets of state and local incomo taxes (sod page 20) ' was withhold. 11 - Alimony received . . . ... . ... .. ... .. . . . . . . . .. . . . . . . . . . . 12 Business income or (loss). Attach Schedule C or C-EZ . . . . . . .. .. . .... . . gel 's you did VV-2. . g 13 Capital gain or (loss). Attach Schedule 0 if required, If not required, check More ? 0 sac page 19. 14 Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . . . . . . . . . 15 a IRA distributions , , 15a b Taxable amount (sea page 21) 16 a Pensions and annuities , , . 16a b Taxable amount (sae page 22) 17 Rental real estate. royalties, partnerships, S corporalionb, trusts, etc. Attach Schedule E Enclose. but do not attach. any 18 Farm income or (loss). Attach Schedule F ... . . . . . . . . . . . . .. . . . . . .. . . paymcnt Also, please use 19 Unemployment compensation . . . . • .. . . . . . . . .. . . . ... . . . . . ' Form 104o•V. 20 a Social security benefits , _ 20a 2 , 116 . I b Taxable amount (soo page 24) 21 Other Income- List type and amount (see page 24) _ _ . _ _ _ . _ _ _ T _ _ _ _ _ _ _ _ _ _ - 22 Add the amounts in the for riaht column for lines 7 through 21. This is vour total income • ? 73 Educator expenses (see page 26) . ............... 23 Adjusted 24 Certain business expenses of reservists. performing artists, and Gross fee-basis government officials, Attach Form 2106 or 2106-EZ 24 ` 1nCOrrte 25 Health savings account deduction. Attach Form 8889 25 26 Moving exponse3. Attach Form 3903 . . . . . . . . . 26 . . . .. . 27 One-half of self-employment tax Attach Schedule SF 27 . . . . . . . . 26 Self-employed SEP. SIMPLE, and qualified plans . . . . . . . 28 28 Selt-omployed health insurance deduction (see page 26) . . . 29 30 Penalty on early withdrawal of savings . . . . . . . . . . . , 30 31a Alimony paid b Recipient's SSN ?1 S 6- 3 2_ 9 4 3 3 31a -67, 982 - . . . . . . 32 IRA deduction (see page 27) • • , 32 , . . , • , . 33 Student loan interest deduction (see page 30) ... . . . . . . . . 33 34 Tuition and fees deduction. Attach Form 8917 . . . . • . . . . . , i 34 Sri Domestic production activities deduction- Attach Form 89U3 . . . [is: 36 Add lines 23 through 31a and 32 through 35 . . .. . . . . . . . . . . . . . . . . 37 Subtract line 36 from line 22. This is your adjusted gross income . ? Fsor Uisclosuro, Privacy Act, and Paperwork Reduction Act Notice, see page 83_ 7AI7101000 RS 40YOF1 K371 V07-5.S DRU-24186 166. 10 17 24,693- 1.8 19 lob 1,799. z1 _ 22 276,42S- Fwm 1040 (2001r) T-3T2 P 00 9/029 F-346 APR-18-2008 10:18AM FROM- .....,s 14 "=14 arc u 182 °34-4 146 pe9e2 Amount from tine 37 (adjusted gross income) , . . . . . . . . . . . . . , . .. . . . Tax . 38 38 2 0 $ 44 3 - and 39a Check {( You were born before Janus 2, 1943, Blind. Total bores Credits if, t? Spouse w" born before January 2, 1843. P Blind, checked ? 39a Z Standard b it your spouzo itemizes on a soparata roturn or you «ete o oaai-slams aHOn, sea pago 31 8nd check hero ? 39b Deduction 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) f 40 27,822 , or - 41 Subtract line 40 from line 38 _ , , , , , , , , , . 41 180,621. . People who chodtod any 42 If line 38 is $117,300 or less, multiply $3,400 by the total number of exemptions cisi med on fine SEE STMT 2 box on line 60. if line 38 is over $117,300. see the worksheet on page 33 • • • • • . • • . • • • . • • • 42 2,448 . 39a of 39b or who can be 47 Taxable income. Subtract line 42 from tine 4L.Jf line 42 Is more th a 41, enter •0- 43 178.173 . claimed as a dapengtnt 44 Tax (seepage 33). Check if any taxis from: a U Form(s) 8814 b Form 4072 a ! ? (?''"( Form(s) 8889 44 43,883 . . sec page 31. _,. 45 Alternative minimum tax (see page 35), Attach Form 6251 , , _ , • , , , , • . . , . , , . , 46 3 , 74 2 . 0 All errors: 46 Add lines 44 and 45 . . ... . . . . . .. . . . . . . . . . . . .. .. . - . . ? 46 47,625. 47 Credit for child and dependent care expenses- Attach Form 244% . . 47 Single or Marred filing 48 Credit for the elderly or the disabled, Attach Schedule R 48 NON 'eparately, 49 Education credits. Attach Form 8863 . . . 49 $5.350 . . . . . . . . . . 50 Residential energy credits. Attach Form 5695 _ . . . , , 60 Married filing jointly or 5i Foreign tax credit. Attach Form 1116 if roqtired 61 Qualifying 52 Child tax credit (see page 38). Attach Form at)01 if required 62 widow(er), $10,700 53 Retirement savings contributions credi . Attach Form 8880 , . , , , , 53 Head of 54 Cre0ts from: a Form 63913 b Form 8859 c Form 8839 H H 54 houschold, 55 01ner crodits: a Forrr 3800 b Farm 8801 c Form _ 55 a7,a5o 56 Add lines 47 through 55. These are your total credits , , ,, , , , , , , , , , , , , • . _ _ 56 NONE, S7 S4tract line ?6 from line 46. if line 56 is more than line 46, enter -0. ? 57 47,62,5- 58 Self-employment tax, Attach Schedule SE .. .. . . . . . . , . . . .. . . . . . , 58 Other 59 Unreported social security and Medicare tax from; it ED Form 4137 b 0 Form 0619 59 Taxes 60 Additional tax on IRAs, other qualified retirement plans. etc. Attach Form 5329 if required 60 61 Advance earned income credit payments from Form(s) vv-2, box 9 _ 61 62 Household employment taxes. Attach Schedule H , , , , , , , , _ , , , , , , . , • , 62 Payments 64 Federal Income tax withheld from Forms w--2 and 1099 , , , • 64 52,112- __L 65 2007 estimated tax payments and amount applied from 2006 return 65 if you havo a 66 a Earned income credit (EIC) . . . . . . . . . . . . , . . . l i 66a ify ng qua Child. attwl Schedule EIC, b Nontaxable combat a election 66b p Y ? F 67 Excess social security and tier 1 RRTA tax withhold (see page 59) . . . 7 68 Additional child tax credit. Attach Form 8812 .... ... ..... 68 _ 69 Amount paid with request for extension to the (see page 59) . , . , 69 70 Payments from: a 0 Form 2439 b LJ corm 4136 c U Form 5080 70 71 ftefundaple, credit for prior year minimum tax from Form 8001, lino 27 71 72 Add tines 64, 65, 66a, and 67 through 71, These are your total payment s ? 72 2 r 112 . Refund 73 If line 72 is more than line 63, subtract line 63 from line 72. This Is the amount you overpaid 0ircct deposit? 74a Amount of line 73 you want refunded to you. It Form 8888 i6 attached check here ? and See page 59 ? b Routing number 10,, c Type; L i Checking Savings fill In 744. --?-?` 74c, and 740, 0' d Account number t _ _ __ or Form 111M. 76 Amount of line 73 you want applied to your 2008 estimated tax ? 75 Amount 76 Amount you owe. Subtract tine 72 from line 63. For details on how to pay, see page 60 YOU OWe 77 Estimated tax penalty (see page 61) 1 77 Third Party Co you want to allow another person to discuss this return with the IRS (seepage 61)7 Designee 04"1 Pt+ana nOmb ? PREPAREf2 no-? 5ign vnoer penatbos or perjury, i 6ecrare mat r nave o)ammeo iris return ar cl accor 7 belief, they aro true, correct, ano complots. Declaration of prcparar (other than Here Your signature Paco Joint return? See page 13. , Spouse a signs tiro. a jom rowm, bo moat sign. p Keep a copy roc your records-toot prepartrrl; Paid aignaturo Preparers Firm's name (or BROWN SCHULTZ SHERILk Usti Only yours it self-employed), , Yes. Complete the following. 1) No nwaonei 400 1 IN) numoer (PIN) b. mts, and to the best of my owledQv and Rioq of which pre aror has any knowledge. I Daytime phone number chock if or address, and ZIP code 210 GRANDV T EW AVENUE Pdone no.'717 - 7 61- 71 / 1 CAMP HILL PA 17011 J5A Form 1040 (2007) 7A1220 1.000 40YOF1 K371 V07-5.5 DRU-•24186 APR-18-2008 10:18AM FROW 0!L,l-1 -UUL.t;%! A&H Schedule A - Itemized Deductions • (Forrtil1040) (Schedule B is on back) Depanmont of Ina Treasury IntematKwonuasv-KO (9s) ?Attach to Form 1040. ?Soe Instructions for SChedU1e6 A&B (Form 1 Name(s) shown on Form 1040 THOMAS L WENGER Medical and Dental Expenses Taxes You Paid (See Page A-2.) Interest You Paid (See page A-5.) Notc. Personot interest is not deductible. Gifts to Charity If you made a gift and got a benefit for it, see page A-8. ?I -1._. 5 5 7 8 10 F 11 12 13 14 17 Caoualty and Theft tosses 20 Casuarty or theft losses). Attach Form 4684- See page A-9. Job (expenses 21 unreimburseq employee expenses - job travel, union and Cortain dues, job education, etc, Attach Form 2106 or 2106-FZ Miscollansous it required, (Seepage A-9.) ? ...... _ _ _ 21 Deductions 22 Tax preparation tees , , , , , , , , , , , , , , ' 22 (See 23 Other expenses - investment, safe deposit box, etc. List page A-9.) Other Miscellaneous, Deductions Total 29 Is Form 1040, line 38, over $156.400 (over $78.200 if married tiling separately)? Itemized No, Your deduction is not limited. Add the amounts in the tar right colurrrn Deductions for lines 4 through 28, Also, enter this amount on Form 1040, line 40. . Yes. Your deduction may be limited. See page A-10 for the amount to enter_ 30 It you oloct ro itemixo doducGOns even though they are lose than your standard dequctton. chock nere 0, For Paperwork Reduction Act Notice, zoo Form 1040 instructlons. SA Caution- 00 not includd expenses reimburseq or paid by others. 1 Medical and dental expenses (see page A-1) 2 Enter amount from Form 1040, lint 38 l2 I 3 Multiply line 2 by 7.5% (.075) . . . . . 4 Subtract line 3 from line 1. If line 3 is more than line 1, enter -0- 6 State and coca( (chock only ons box): a X income taxes, or b General sales taxes 6 Real estate taxes (see page A-$) 7 Personal property taxes • , • . , , .. . 8 Other taxes. List type and amount ? _ W _ _ _ ?S j?T _? ----os5through 8 --_----`---- ,---- 9 10 HoAdd rne mortgage intorest anq points repontd to you on Form 1088 11 Homo mongaga intorest not reportod to you on Foim 1098. it paid to the person from whom you bought the home, we page A-6 and show that persons name, identifying no., and agdross IN. --------------------- ----------------------------------- 12 Points not reported to you on Form 1088. See page A-6 for special rules .. . . . . . . . . . .. . .. . 13 Qualified mortgage insurance premiums (See page A-7) 14 investment interest. Attach Form 4052 if required. (See page A-7.) • . . . ... . .. .. . ... . .. . . . . . 16 Gifts by cash or check. It you made any gift of $250 of more, see page A-8 • . . . . . . . . . . . . . . . ... . 17 Other than by cash or checK- If any gift of $250 or more. see page A-8. You must attach Forro 82a3 if over $500 14 Carryover from prior year , , , . .. , _ • . 19 Add tines 15 through 18 - , , . , ... , , , , , type and amount ?_ - _ - P EE A-, it' TEME LVT _1 ----------------------------------- Z3 24 AN tines 21 through 23 _ • . _ . . • Y4 25 Enter amount from t:orm . . . . 1040, lino 36 . . . . . . 2b 208, 443. J 26 Multiply line 25 by 2% (.02) 26 27 Subtract line 26 from fine 24. If line 26 is more than line 24, enter -0- T-372 P.010/029 F-346 2007 AYour social security numbor I R9-"24 -41 ati - I 4 I 23 Other- from list on page A-10_ List type and amount ? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 28 SEE STMT 5 ? z9 27. Schedule A (Form 1040) 2007 A14001 000 40'Y'OF1 K3'71 V07-5.5 DRU-24186 APR-16-2008 10:19AM FROM- T-372 P.011/029 F-346 n\AG - Part I 1 List name of payer. If any interest is from a seller-financed mortgage and the Amount buyer used the property as a personal residence, see page 13-1 and list this Interest interest first. Also, show that buyer's social security number and address ? (See PENNSYLVANIA STATE BANK _ and the9e B 1 FIRST STATE PROPERTY COMPANY 2.162, instructions for 4 ' Form 1040, line 8a-) Noto. it you received a Form 1099.INT, Form 1099-00. or substitute statement from a brokerage firm, list the firms name as the payer and enter the total interest shown on that 2 Add the amounts on line 1 2 2 166. form. 3 Excludable interest on series E6 and I S.. savings bonds issued after 1989. Attach Form 8$15 3 4 Subtract line 3 from line 2. Enter the result here and on Form 1040, line 8a 00- 4 2,166. Note. If line 4 is over $1 500 you it complete Pan 111. Amount 5 List name of payer ? Part 11 WACHOVIA SECURITIES 376. Ordinary Dividends (See page 9-1 ana the , instructions for Form 1040. - -- line 9a.) Note. if you received a Form 5 1099-DIV or substitute statement from - a brokerage firm, list the firm's name as the payer and enter - the ordinary dividends shown on that form. 6 Add the amounts on tine 5. Enter the total here and on Form 1040, line 9a ? 6 3 7 6 . Note. If line 6 is over $1.500, you must complete Part III You must complete this part if you (a) had over $1,500 of taxable interest or ordinary dividends; or (b) had Part lit a foreign account: or (e) received a distribution from, or were a grantor of, or a transferor to, a foreign trust_ Yes No Foreign 7a At any time during 2007, did you have an interest in or a signature or other authority over a financial Accounts account in a foreign country, such as a bank account, securities account, or other financial account? and Trusts See page 9-2 for exceptions and filing requirements for Form TO F 90-22.1 _ x (See b If "Yes," enter the name of the foreign country ? ^ pagc g-2) 6 During 2007, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust? If "Yes," you may have to file Form 3520. See page 8-2 ....... . X For Paperwork Reduction Act Notice, toe Form 1040 instructions. Schedule 8 (Form 1040) 2007 JSA 7A1W0 1.000 40YOF1 K371 V07-5.5 DRTJ-24186 Schedule B - Interest and Ordinary Dividends seAwen enNo. 08 APR-18-2008 10:20AF,1 FROM- T-3T2 P 0121029 F-346 __..?,...?? supplemental Income and Loss OM5No,1645.0074 (Form 1040) (From rental roal estate, royalties, partnerships, l?J S corporations, estates, trusts, REMICs, etc.) L20o7 Popinmen,t or {ho Troasury AnaChnlent InTrrisi Re+enuo Snrvus (99) ? Attreh to Form 1040, 1040NR, or Form 1041. ? Soo Instructions for $ehodule 1' (Form 1040), $09.. nce No. 73 Nimes) shown on rocurn Your social security numWe tt'xtJVU11b L Wr;VUr;X 182-34-4146 Income or Loss From Rental Real Estate and Royalties Note. if you are in the bueiness of renting personal property, use Schedule C or C-EZ(see page E-3). If you are an individual, report farm rental income or loss from Form 4836 on page 2, line 40. 1 List the type and location of each rental real ostate ro eft : Z For each rental real estate property Yes No A RESIDENTIAL RENTAL ________ ____________ __ listed on line 1, did you or your family KITTY HAWK NORTH CAROLINA use it during the tax year for personal A X $ purposes for more than the greater of ---------------------•------•-------------------- • 14 days or e 10% of the total days rented at 8 C ------------------------------------------------ fair rental value? (See page E-3) C Properties Totals Income: A g C (Add columns: A, B. and C,) 3 Rents recelvod .......... 3 21,. 017. 3 21,017. 4 Royalties received 4 4 Expenses: 5 Advertising 6 6 Auto and travel (see page E-4) 6 7 Cleaning and maintenance . 7 a Commissions , , , _ , . , , , 6 3 822 . 9 Insurance . .... ... .... 9 1,490. 10 Legal and other professional fees 10 706. 11 Management fees . . . . . . . . 11 ?~ 12 Mortgage interest paid to banks, etc- (see page E-4) , _ , , , , , 12 12 13 Other interest , , _ , _ , , , , 13 14 Repairs . .. . .......... 14 S24 15 Supplies , , , , , , , , , , , , , , 15 4 51 . 16 Taxes ............... 16 2,999 . _ 17 utilities . . . . . . . . . . . . 17 1,922. 18 Other (list) 00 - _ _ -- T SEE-EXPENSE-STMT... 91804. - --------------------- 1a ---------------------- 18 Add lines 5 through 18 . , . , , 19 21 718. 19 21,718- 20 Depreciation expense or depletion (see page E-5) , , , , , , , _ , , , 20 _ 874. 20 874. 21 Total expenses- Add lines 19 and 20 21 22,592. 22 Income or poss) from rental real estate or royalty properties. Subtract line 21 from line 3 (rents) or line 4 (royalties). If the result is a (loss). see page E-5 to find out if you must file Form 6198. , 22 7 5 . 23 Deductible rental real estate loss, Caution. Your rental real estate loss on line 22 may be limited. See page E-5 to find out it you must file Form 0582. Rei+l estate professionals must complete line 23 ( 575 ( ) ( ) 43 on page 2 . . . . . . .. .. . 24 Income. Add positive amounts shown on line 22. Do not include any losses , , , , . , , , , , 24 25 Losses. Add royalty tosses from line 22 and rental real estate losses from line 23, Enter total losses here 2s 19575.) 26 Total rental real estate and royalty incomo or (loss). Combine lines 24 and 25. Enter the result here. If Parts II, Ili, IV, and tine 40 on page 2 do not apply to you, also enter this amount on Form 1040, line 17, or Form 1D40NR, line 18. Otherwise, include this amount in the total on line 41 on page 2 ... 2ti -1 575 . For Paperwork Reduction Act Notice, see page E-7 of tho instructions. Schedule E (Form 1040) 2007 JSn Txi300 2.000 40YOF1 'K371 X707-5.5 DRU-24186 APR-18-2008 10:20AM FROM- T-3T2 P.0131029 F-346 _ ,. .... ,..,.., _., Attitchmont Sequvnco no. { 3 Pago 2 Name(ij shown on return. Do not enter name and social security nt,mber if shown on other side. Your 4ocial security number THOMAS L WENG1wR 1 32-34-4146 Caution. The IRS compares amounts reported on your tax return with amounts Shown on Schedule(s) K-1, income or Loss From Partnerships and S Corporations Note. If you report a loss from an at-risk activity for which any amount is not at risk, you must check the box in column (e) on line 28 and attach Form 619E . See page F-1. 27 Are you reporting any loss not allowed in a prior year due to the at-risk or basis limitations, a prior year unallowed loss from a passive activity (if that loss was not repotted on Form 8582), or unreimbursed partnership expenses? Yes 5i No if you answered "Yes," see page E-6 before completing this section. (b) EnTer P for (t) Check t (d) Employer (e) Check if 28 (a) Name portnnr3hipi S foreign idendt,cauen any Amount is _ for S cot oration --partnership number not at risk A FIRST STATE PROPERTY COMPANY P 23-2132 B SECOND STATE PROPERTY CO. I P 23-2437538 C D STMT Passive Income and Loss Nonpassive Income and loss (f) Pesa,ve loss avowed W Passive income (h) Nonpassive loss (1) $0clion 179 expenso 0) Nonpassive Income (attach Form 8682 it (equired) from Schedule K-1 tram Schedule K-1 deduction from Form 4552 from Schedule K-1 A -5 B 1.0 5 S C D 29a Totals ? 6 2 6 8 . b Totals 30 Add columns (g) and 0) of line 29a , , , , , , , , , , , , , , .. 30 26.268. 31 Add columns (t), (h), and (1) of line 29b , , . ... 31 32 Total partnership and S corporation income or (loss). Combine lines 30 and 31. Enter the result here and include in affiff the total on line 41 below 32 26 2A8 . -Income or Loss From Estates and Trusts 33 (b) Employer (a) Name identification number A B -? Passive Income and Lobs Non passive Income and loss (c) Paso we deduction or Joss allowed (d) PassNe Incomo (v) Deduction or Io*s (r) Other income from (attych Form $562 if rroqu,rod) rrom Schedule K-1 from $chvdule K-1 Schedule K-1 A B 34a Totals b TOtals 35 Add columns (d) and (t} of line 34a _ 35 36 Add columns (c) and (e) of line 34b 36 37 Total estate and trust income or ()oss). Combine lines 35 and 36. Enter the result here and Include in the total on line 41 below 37 Income or Loss From Real Estate Mort age Investment Conduits (REMIC5) - Residual Holder (b) Employer (c) Excess inclusion from (d) Taxablo income (net loss 38 (a) Name idonLhcauon number 30hodules 0, line 2c ) (o) Income from aee ago E-7 from SchodoloS 0, tine 10 Schodulee Q, line 3b 39 Combine columns (d) and (e) only. Enter the result here and include in the total on line 41 below 39 MWAF-Summary _ 40 Net farm rental income or (loss) from Form 4535. Also, complete line 42 below . . . . . . . . 40 41 Total ineomo or (1093). eomane inos 26, 32, 37. 30, qnd 4o. Entrr th4 roswn herb *no on Form 1040.11no 77, or Forn, 1040NR, line 18 41 2 _L 4.A . 42 Reconciliation of farming and fishing income. [ntor your groso farming and fishing income reposed on Form 4835. line 7: Schedule K-1 (Form 1065), box 14, code 8: Schedule K-1 (Form 1120S), box 17, cone T' and Schedule K-1 (Form 1041), tine 14, code F (seepage 1--7) . . , 42 43 Reconciliation for real estate professionals. If you were a teal estate profebbional (seo page E-2), enter the net income Or (loss) you reported anywhere on Form 1040 or Form 1040NR from all rental real estate actlvities in which you materially participated under the passive activity loss rules 43 Schedule E (Form 1040) 2007 iSA x1310 2000 40YOF1 8371 V07-5.5 DRL7-24186 APR-18-2006 10:21AM FROM- T-372 P.014/029 F-346 Form qLV ^ I AUternauve ivitnimum I ax - Individuals OMB No. 1545.0074 r(?007 j ' 10, Sias separate instructions. [! Detest osx ""T r4eyury ? Attach to Form 1040 or Form 1040NR. I.,Wnrl Rs--r'. Mice 88 $a t. mNO 3Z Name(s) shown on Form 10x0 or Form 1040NFt Your social security number THOMAS L WENGER 1182-34-4146 Alternative Minimum Taxable Income See instructions for how to com fete each line. 1 If filing Schedule A (Form 1040), enter trio amount from Form 1040, line 41, and go to tine 2. Otherwise, enter the amount from Form 1040, line 38, and go to line 7. (If less titan zero, enter as a negative amount.) 1 180,621. 2 Medical and dental. Enter the smallor of Schedule A (Form 1040), line 4, or 2.5% (.025) of Form 1040, line 38. if 2 zero or less, onter -0- 3 Taxes from Schedule A (Form 1040), line 9 - 3 13 515 4 Enter the home mortgage interest adjustment. if any. from line 6 of the worKsheet on page 2 of the instructions 4 5 Miscellaneous deductions from Schedule A (Form 1040), line 27 ........ .... . 5 13,129. 6 If Form 1040, line 38, is over $156,400 (over $78,200 if married filing separately), enter the amount from line 11 of the itornized Doductions Worksheet on page A-10 of the instructions for Schedule A (Form 1040) 6 ( 1 041 7 Tax refund from Form 1040, line 10 or line 21 7 ( ) 8 Investment interest expense (difference between regular tax and AMT) ,, , , , , , , , , , , , , , 8 9 Depletion (difference between regular tax and AMT) .. , . _ . , , ... .. , 9 10 Net operating loss deduction from Form 1040, line 21. Enter as a positive amount , , , , ,, , , , ,, , , 10 11 interest from specified private activity bonds exempt from the regular tax .. , , , , 11 12 Qualified small business stock (7% of gain excluded under section 1202) , , , , , , , , , , ,,, , , , , , 12 13 Exercise of incentive stock options (excess of AMT income over regular tax income) . , , _ , .. , , , , . 13 14 Estates and trusts (amount from Schedule K-1 (Form 1041), box 12, code A) , , , , , , , , , , , , , , , 14 15 Electing large partnerships (amount from Schedule K-1 (Form 1065-5), box 6) , , , , , , , , , , ,,, , 15 16 Disposition of property (difference between AMT and regular tax gain or loss) ... .. . 16 17 Depreciation on assets placed in service after 1986 (difference between regular tax and AMT ) , , , , . , . 17 NONE 18 Passive activities (difference between AMT and regular tax income or loss) .. , STMT, 8, . 1a -14 6 . 19 Loss limitations (difference between AMT and regular tax income or loss) , , , . 19 20 Circulation costs (difference between regular tax and AMT) , , , , , , , , , , , , , , , , , , , , 20 21 Long-term contracts (difference between AMT and regular tax income) , , , , , , , , , , , , , , , , , , , 21 22 Mining costs (difference between regular tax and AMT) . . .. . . . . . . . . .. . . . . . . , _ - 22 23 Research and experimental costs (difference between regular tax and AMT) ... , , , , , , , , , 23 24 Income from certain installment sales before January 1, 1987 ,, , , , , , , , , , , , , , , , , , , 24 25 intangible drilling costs preference _ . , _ , , , , i5- 26 Othef adjustments, including income-based related adjustments , , , , , , , , , , , , , , , , , , , , , , , 26 27 Alternative tax net operating loss deduction , , , , , , , , , , , , , , , . _ 27 ( ) 28 Alternative minimum taxable income. Combine lines 1 through 27. (if married filing separately and line 28 is more than $207,500, see page 7 of the instructions.) 28 206, 0'/8 . JZW Alternative Minimum Tax _ 29 Exemption. (If this form is for a child under age 18, see page 7 of the instructions.) IF your filing status is ... AND line 28 is not over ... THEN onter on line 29 . . Single or head of household . , . , . $112,500 ..... .. $44,350 STMT 9 Married filing jointly or qualifying widow(or) 150,000 . , _ , , _ . , , , 66,250 Married filing separately _ ... 75,000 .. , , . , .. 33,125 29 20 95k. If tine 28 is over the amount shown above for your filing status, see page 7 of the instructions. 30 Subtract line 29 from line 28_ It more than zero, go to line 31. If zero or less, enter -0- here and on lines 33 and 35 and skip the rest of Part II .. ... . .. . .... . .. .. . . . . .. . . . . . . . . . .. . .. . .. 30 185,123, 31 a if you arc Filing Form 2555 or 2555-S,Z, see page 8 of the instructions for the amount to enter. • If you reported capital gain distributions directly on Form 1040, line 13; you reported qualified dividends on Form 1040, line 9b; or you had a gain on both lines 15 and 16 of Schedule D (Form 1040) (as refigured 31 47,625. for the AMT, if necessary), complete Part III on the back and enter the amount from line 55 here. e All othsrS., if lino 3o i8 $176,000 or lass ($81.500 or les if married filin0 sopararely), muluply lire 30 by Z6% (.26). Otherwisc. mWgply lino 30 py 28% (_28) and subtract 53,500 ($1,750 If rnarriod filing wparately) from tnc reeylr, 32 Alternative minimum tax foreign tax credit (see page 8 of the instructions) , , , , , , , , , , , , , , , , , , 32 33 Tentative minimum tax. Subtract tine 32 from line 31 , , , , , , , , , , , , , , , , , , , , , 3 47,62S. 34 Tax from Form 1040, line 44 (minus any tax from Form 4972 and any foreign tax credit from Form 1040, line 51). If you used Schedule J to figure your tax, the amount from line 44 of Form 1040 must be refigured without using Schedule J (see page 9 of the instructions) .. .. .. . . . .. . . . ....... 34 43,88-3. 35 Alternative minimum tax. Subtract line 34 from lime 33. If zero or less, enter -0-. Enter here and on Form 1040, line 45 35 3,742. For Paperwork Reduction Act Notice, soo page 10 of the instructions. Form 6251 (2007) SSA 7x4700 2.000 4070;~'1 K371 V07-5.5 DRU-24186 APR-18-2008 10:22AM FROM- T-3T2 P.415/029 F-346 tcww) 1"HUivW L W F,NGER 182-34-4146 page 2 Tax Computation Using Maximum Capital Gains Rates 36 Enter the amount from Form 6251, line 30. If you are filing Form 2555 or 2555-EZ. enter the amount from line 3 of the worksheet on page 8 of the instructions . 37 Enter the amount from line 6 of the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Farm 1040, line 44, or the amount from line 13 of the Schedule 0 Tax Worksheet on page D-10 of the instructions for Schedule D (Form 1040), whichever applies (as refigured for the AMT, if necessary) (see page 9 of the instructions). If you are filing Form 2555 or 2555-EZ, see page 10 of the instructions for the amount to enter .... , . 37 5 4 5 8 38 Enter the amount from Schedule D (Form 1040), line 19 (as refigured for the AMT, if necessary) (see page 9 of the instructions). If you are filing Form 2555 or 2555-EZ, see page 10 of the instructions for the amount to enter 38 39 If you did not complete a Schedule D Tax Worksheet for the regular tax or the AMT, enter the amount from line 37, Otherwise, add lines 37 and 38, and enter the smaller of that result or the amount from line 10 of the Schedule D Tax Worksheet (as refigured for the AMT, if necessary). It you are filing Form 2555 or 2555-EZ, see page 10 of the instructions for the amount to enter ........................................39 5,458 40 Enter the smaller of line 36 or line 39 . . . ... ....... ... .. ......... ..... ... . 41 Subtract line 40 from line 36 ... .. 41 179 42 It line 41 is $175,000 or less ($87,500 or less if married filing separately), multiply line 41 Ry 26% (.26). Otherwise, multiply line 41 by 28% (.28) and subtract $3,500 ($1,750 if married filing separately) from the result ............................ ... S.FtiE STATEKS.N.T .1.0.... 1" 42 46 43 Enter. $63.700 if married riling jointly or qualifying widow(er), $31,850 if single or married filing sepwately. or 43 31,850, 0 $42,050 if head of household. 44 Enter the amount from line 7 of the Qualified dividends anq Capital Gain Tax Worksheet in the instructions for Form 1040, line 44, or the amount from line 14 of the Schedule 0 Tax Worksheet on page D-10 of the instructions for Schedule A (Form 1040). whichever appli0s (as tlgurud for the regular tax), If you did not complete either worksheet for The regular tax, enter -0- . . . . 44 17 2 715 . 45 Subtract tine 44 from line 43. If zero or less, enter -0- , _ , , _ , , , , _ , . 46 Enter the smaller of line 36 or line 37 _ , 47 Enter the smaller of line 45 or line 46 , , , , , , , , , , , , , , ,, , , 48 Multiply line 47 by 5% (-05) .. ........... .. .... . . .. ...... .... ... .. . . 11 48 49 Subtract line 47 from line 46 , , , , , , , , , , , , , , , , , , , , , , , , , , 49 5,458, 50 Multiply line 49 by 15%(,15) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ? 50 819. If line 38 is zoro or blank, skip lines 51 and 52 and go to line 53. Otherwise, go to line 51. 51 Subtract line 46 from line 40 . . . . . . .... . . ... . . . . . . . . . . . 51 52 Multiply line 51 by 25% (-25) . . .. . . . .. .. . . .. . . . . .. . . . . . . .. . . .. . . . ?• 52 53 Add lines 42, 48, 50, and 52 , , , , , , , , , , , , , , , ,, , , , , ,, , , , , , , , , , , , ,, 53 47,625, STMT 10 54 if line 36 is $175,000 or less ($87.500 or less if married filing separately), multiply line 36 by 26% (26). Otherwise, multiply line 36 by 28% (.28) and subtract $3.500 ($1,750 if married riling separately) from the . 54 result ...................................................... 48,334. 55 Enter the smaller of line 53 or line 54 here and on line 31. If you are filing Form 2555 or 2555-EZ, do not enter this amount on line 31. Instead, enter it on line 4 of the worksheet on page 8 of the instructions 55 47,625. Form 6251 (2007) JSA 7X4701 2.000 40YOF1 K371 V'07-5.5 DRU-24186 APR-16-2008 1100:223AM FROW I'orm,4.?bL Doparbiwnt of the Tleeaury Inwmal Revenvo Sorvice _ ? Sec Namc(s) shown on re14rn T-3T2 P.016/029 F-346 Depreciation and Amortization (Including Information on listed Property) fparaAte Instructions. ? Attach to your tax roturn. 2007 chment i4ence No. 67 fymp namber 3 4 -- -414 Business or activity to wnicn this form relates RESIDENTIAL RENTAL - SCHEDUI,F, E Election To Expense Certain Property Under Section 179 Note: If you have any fisted property, , complete Part V before ou complete Part l- 1 Maximum amount, See the instructions Tor a higher limit for certain businesses 1 2 Total cost of section 179 property placed in service (see instructions) . . 2 3 Threshold cost of section 179 property before reduction in limitation 3 4 Reduction in limitation. Subtract line 3 from line 2. if zero or less, enter -0• 4 S Doll at Nmnmon for tax rex. Svptract IIM a from Ono 1. if sere or Net, artier 0- IT merrIoa turn, - z^peraten. son owurw 6 (a) osscription of property (b) Cost (t5usmoss use only) tc) Efecreo cost 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 B y 10 Carryover of disallowed deduction from line 13 of your 2006 Form 4562 1t 11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 (see instructions) l1 12 Section 170 expense deduction- Add lines 9 and 10, but do not enter more than line 11 . _ 13 Carryover of disallowed deduction to 2008. Add lines 9 and 10, less tine 12 . ? 13 Note: Do not use Part 11 or Part H/ below for fisted property. Instead, use Part V. Special Depreciation Allowance and Other Depreciation (Do not include listed property.) (See 14 Special allowance for qualified New York Liberty or Gulf Opportunity Zone property (other than listed property) and cellulosic biomass ethanol plant property placed in service during the tax year (see instructions) . . . _ , , , , , 14 15 Property subject to section 168(f)(1) election , , , , , , , , . . . it 16 Other depreciation (including ACRS) . . . . . . . it ^MACRS Depreciation (Do not include listed property. ) (See instructions.) Section A 17 MACRS deductions for ar;sets placed in service in tax years peginning before 2007 .. 17 18 If you are electing to group any assets placed in service during the tax year into one or more general asset accounts, check here , ? Section 13 - Assets Placed in Sorvice During 2007 Tax Year Using the General Depreciation System SEE AST ; 5r?tion of proporty 19a 3-year property b 5-year property c 7-year property of 10-year property e 15-year property f 20-year properly g 25-year property h Residential rental property i Nonresidential real property 20a Class life b 12-year c 40-year (b) Month snd yestr placed in service c . Assets Placed in Service (c) Basis for ttepfeciation (business(mvoatmentase only - see instructions} (d) Recovory per (a) Convention (f) Motnoo (g) Depreciation deduction 767. 7-000 14Y 20OD13 110. 25 yrs. S1L 27.5 yrs. MM SIL 27.5 yrs. MM $IL 39 yrs. MM SIL MM SIL r tax Y ear using ino Alternativo De reciation SIL 12 yrs. SIL 40 yrS. MM I S/L 21 Listed property Enter amount from line 28 22 Total- Add amounts from line 12. linos 14 through 17, linos 19 and 20 in column (g), and line 21 Enter here and on the appropriate lines of your return. Parlnerships and 5 corporations - see instr. . 23 For assets shown above and placed in service during the current year, ?._ ether the portion of the basis attributable to section 263A costs 23 For Paperwork Redttc on Act Not Co, see saosrato instru-Mons. SA 40YOF1 K371 V07-5.5 DRU-24186 Form 4562 (2007) APR-18-2008 10:23AM FROM- T-372 P.01TAU F-346 - - - Page 2 Listed Prop" (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, eomptety only 24a. tab, columns (a) through (t:) of Section A, all of Section B. and Section C if applicable _ Section A - Depreciation and Other Information (Caution: Sop the instructions for limits for assort er automobiles, 24a Do you have evidence to support the businesslinvestment use claimed? Yes No tab It "Yes." is the evidence written? Yes No (c) (a) (a) avsinessl (d) (4) {t) (9) (h) Elected Type or property (1,91 Pala placed in investmont Coat or ottler i sasia for paptoCwibn Recovery Metrtodl Depreciation vohiciea 6r,40 aerq" Uie - (bycinossRrnuxhnonl percentage tMuls -"vily) Period Convonnon gequtiion aeecost79 25 Special allowance for qualified Gulf Opportunity Zone property placed in service during the tax year and used more than 50914 in a qualified busirletis use (see instructions) 26 26 Property used more than 50% in a qualified business use: 27 Property used 50% or less in a qualified business use-, 'm S!L S/L - S!L - 28 Add amounts in column (h), lines 25 through 27. Enter here and online 21, page 1 , , , . _ . . 29 Add amounts in column 0), line 26. Enter here and on line 7, page 1 29 Section 8 - Information on Use of Vohicles Complete this section for vehicles used by a sole proprietor, prrtner, 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 it you reset an excootion to comoletino this nectinn far thn%^ ?PKA.. 30 Total businesslinvestment mites driven during the year (do not include commuting miles) . . . . . . . . . . . ... . . . . . .. . . 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 34 Was the vehicle available for personal use during off-dury Hours? _ _ . _ , , , , . , , 35 Was the vehicle used primarily by a more than 5% owner or related person? , , , , . 36 Is another vehicle available for personal use?. (a) Vehicle 1 (b) Vehicle 2 (c) Vehicle 3 (d) Vehicle 4 (e1 Vehicle 5 M Vehicle 6 Yes No Yes No Yos No Yes No Yes No Yes No Soction C - Questions for Employers Who Provide Vehiclos for Use by Their Employees Answer these questions to determine if you meet an exception to completing Section 6 for vehicles used py employees who are not more than 5% owners or related persons (ses instructions). 37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, Yei No by your employee&? 38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees? Seethe instructions for vehicles used by corporate officers, directors, or 11% 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 demonstfation use? (See instructions.) . . . Note: ff your answer to 37, 38, 39. 40, or 41 is 'Yes," do not complete Sect/on 8 for the covered vehfciez, (a) I (b) (c) (d) Amortz:+tion (f) Description or costs fl Pate amorthtation Amon zaple cope oriod or Amorti aeon for oegins j - - I amount section p percentage this ycar 42 Amortization of costs that begins during your 2007 tax year (see instructions) e3 Amortization of costs that began before your 2007 tar year 44 Total, Add amounts in column (f). Seethe instructions for where to report . . . . . . . . . . . . . . .. . .. _ 7X23101.000 Form 4862 (2007) 40YOF1 K371 V07-5.5 DMJ-24186 APR-18-2008 10:24AM FROM- i w S9 V N n d 0 e s a `v Y 0 N Yl F p r 1 , ` I r `1h' 1O V1 r m Uv ? C 1 ? 1 I ? y U Q N ?' U U C? F h N [' h N J yy. "DO S pf/ iS A o° O °b G o ..1 0 A N !a? A. N N rv M N N d 0 O N --) ? .T O m O O Nf io 'm v? H 0 1 b b m r ( N ? ? V w ~ b Q ro M '2 O Ol O% IA f. N ?p c W a N t'? W V1 n.l f'1 r L cw m m ca N .-? m? N M ? c N A M O? ` 5n O C. O O A h I ( i ?y ~O O _ N T .O 'D in A M I N N A W V1 V; N ! I N b y m N J N ., m I c "a ?7D v O O b O O O O '? 4 p d O O O O O m o 0 0 , p v O O O O H a} H M O O ?1 Q N O wl ?j N O O N A M n W {!1 v O O F b iy N w .y O w y? ova ? m v+ v ?. .Nv C m + P d1 O? m - O O O O v O O O ti / N Q O v q W Q p O ? O h O O ? o p M Cf O h p O h O C ? I ff, ? WV o4 I ? z ? z a ? r F it u a i i N z O 4 W CL a v ? 0 p v N N T-3T2 P 018/029 F-346 APR-18-2008 ti Co O N 4 0 4 0 0 'C v 0 1n.IrAil CDnu_ T-372 P 019/029 F-346 ? P 6 i { -J ? 1 4 ? O N kn N N { a?f ? ? W I 1 N L y a a0 v '4 ? O G 10 > p u. N w ?O N r F In o ti J ? F W _ 7 c a C U 0 p a C D C a v? a rr N ? .w w~i m v N m m R S'rj N ?. v Q a a? tv '0 o A o o O e v o o o it O O o 0 O o O v O o m o v o o e• h x fa I T I ° a a a q E g % ?+ v°+ H .•? a N to -1 ."n e-? ?t C N A U1 1; N W O o, o' J N N in n H ? N P W w .-1 G r R C ? O O O O M O+ ? Nf O O O V .C w ?+ V • O ? H v ^ T YI t`1 ? Ln rl N n h ? ~ ? ? m w N O d M .O m P. M a T .M p ^ P O O O N O O ? N V O O h F p O N ? A?Ly? y = e a y O ?o O O O H O h O N1 G O N O O F O O h O O +I I H J g i p z O P V W a a w N cr 'x n APR-18-2008 10:26AM FROM- T-372 P.020/029 F-346 SUPPLEMENT TO FORM 1040 QUALIFIED DIVIDENDS QUALIFIED DIVIDENDS FROM FORM 1099 ------------------------------- WACHOVIA SECURITIES- - - 376. ---------- TOTAL FORM 1099 QUALIFIED DIVIDENDS 376. ------------ TOTAL TO 1040, LINE 9B 376. 40YOF1 K371 V07-5.5 DRU-24186 STATEMENT 1 APR-18-2008 10:2TAM FROM- T-372 P.021l029 F-346 SUPPLEMENT TO FORM 1040 PERSONAL EXEMPTION WORKSHEET 1. IS THE AMOUNT ON FORM 1040, LINE 38 GREATER THAN AMOUNT SHOWN ON LINE 4 BELOW FOR YOUR FILING STATUS? IF YES, (30 TO LINE 2. 2_ TOTAL EXEMPTIONS MULTIPLIED BY $ 3,400 ................ 3,400. 3. ENTER THE AMOUNT FROM FORM 1040, LINE 38 .............. 208,443. 4. FILING STATUS INCOME LIMIT ............................ 156,400. 5. SUBTRACT LINE 4 FROM LINE 3 ........................... 52,043. 6. IS LINE 5 GREATER THAN $122,500 ($61,250 FOR MFS)? YES MULTIPLY $1,133 BY THE TOTAL, NUMBER OF EXEMPTIONS. ENTER THE RESULT ON FORM 1040, LINE 42. 21 X NO DIVIDE LINE 5 BY 2,500 (1,250 IF MFS).IF THE RESULT IS NOT A WHOLE NUMBER, INCREASE TO THE NEXT WHOLE NUMBER. 7. LINE 6 X 0.02 ....... ....................... 0.42 8. LINE 2 MULTIPLIED BY LINE 7 ........................... 1,428. 9. DIVIDE LINE 8 BY 1.5 .................................. 952. 10- - DEDUCTION FOR EXEMPTIONS (LINE 2 LESS LINE 9) ......... --------- 2,448, STATEMENT 2 40YOF1 K371 V07-5.5 DRU-24186 APR-18-2008 10:27AM FROM- T-372 P. 022/029 F-346 SUPPLEMENT TO FORM 1040 LONG-TERM CAPITAL GAINS AND LOSSES T- _ --- CAPITAL GAIN DISTRIBUTIONS ------------------------------------------------------------------- NAME OF PAYER CAPITAL - - - GAINS 2806- ------------------------------------------ - WACHOVIA SECURITIES - -- ----- S,082. -- ?----- SUBTOTAL ------------ ------------ 5,082. ------------ ------------ ------------ -------- TOTAL CAPITAL GAIN DISTRIBUTIONS - -- ' 5,082. 40YOF1 K371 V07-5.5 DRU-24186 STATEMENT 3 APR-18-2008 10:2TAM FR0U4- T-3T2 P.023/029 F-346 SUPPLEMENT TO SCHEDULE A OTHER TAXES OCCUPATION & PERSONAL TAXES 22- ------------ TOTAL TO SCHEDULE A, LINE 8 22. OTHER MISC. DEDUCTIONS SUBJECT TO 2% LIMIT ------------------------------------------- PROFESSIONAL FEES 15,886. TOTAL TO SCHEDULE A, LINE 23 ------------ STATEMENT 4 40YOF1 K371 V07-5.5 DRU-24186 APR-18-2008 10:28AM FROM- T-372 P-024/029 F-346 SUPPLEMENT TO SCHEDULE A ITEMIZED DEDUCTION WORKSHEE`P ----------------------------- 1. SCHEDULE A, LINES 4, 9, 15, 19, 20, 27, AND 28 ......, 28,863. 2. SCHEDULE A, LINES 4, 14, 20, AND GAMBLING AND CASUALTY OR THEFT LOSSES INCLUDED ON LINE 28 ......... 3. - LINE 1 LESS LINE 2 .......... ....................... - - -28,863. 4. LINE 3 MULTIPLIED BY 80! ............... 23,090. -= =w`---T=-- 5. ADJUSTED GROSS INCOME .................. 208,443 6. $156,400 ($78,200/MARRIED FILING SEP_)- 156,400- ------------ LINE LINE 5 LESS LINE 6 ..................... 52,043- 8, LINE 7 MULTIPLIED BY 3% ................ 9. SMALLER OF AMOUNTS ON LINES 4 OR 8 ....... .r T. 1 561 , . 10. LINE 9 DIVIDED BY 3 ............................. - 520 .... 11- LINE 9 LESS LINE 10 .................... ........ 1,041. 12. TOTAL ITEMIZED OEDUCTSONS (LINE 1 LESS LINE 11) 27,$22 STATEMENT 5 40YOF1 K371 V07-5.5 DRU-24186 APR-18-2008 10:28AM1 FROM- 1 0 T-3TZ P-025/029 F-346 SUPPLEMENT TO SCHEDULE E OTHER EXPENSES, SCHEDULE E - PAGE 1, LINE 18 KIND OF PROPERTY: RESIDEN,rIAL RENTAL LOCATION OF PROPERTY: KITTY HAWK, NORTH CAROLINA AMORTIZATION PROPERTY ASSOCIATION/CLUBS MEALS & TRAVEL; CC MAINTENANCE & REPAIRS MISCELLANEOUS RENTAL AGENCY TELEPHONE CABLE TOTAL OTHER EXPENSES 160. 2,735- 1,984. 3,883. 360. 682. ------------ 9,804. STATEMENT 6 40YOF1 K371 V07--5.5 DRU-24186 APR-18-2008 10:28AM FROM- T-3TZ P 026/029 F-346 r + SUPPLEMENT TO SCHEDULE E PART II, INCOME OR LOSS FROM PARTNERSHIPS AND S CORPORATIONS COLUMNS (F) & (G)?- PASSIVE INCOME OR LOSS K-1 NAME: FIRST STATE PROPERTY COMPANY ID NUMBER: 23-2131831 DESCRIPTION ------------------------------------ RENTAL REAL ESTATE INCOME OR LOSS ALLOWABLE INCOME/LOSS K-1 NAME: SECOND STATE PROPERTY CO. ID NUMBER: 23-2437538 DESCRIPTION ----------------------------------- RENTAL REAL ESTATE INCOME OR LOSS ALLOWABLE INCOME/LOSS INCOME/LOSS ----------- 15,713. ------------ 15,713. INCOME/LOSS ----------- 10,555. - - - - - - - - - - - - 10,555. STATEMENT 7 40YOF1 K371 V07-5.5 DRU-24156 APR-18-2008 10:28AM FROM- T-372 P 027/029 F-346 SUPPLEMENT TO FORM 6251 PASSIVE ACTIVITY LOSS DESCRIPTION ---------------------------------- SECOND STATE PROPERTY CO. RESIDENTIAL RENTAL TOTAL TO FORM 6251, LINE 18 REGULAR AMT PASSIVE INC./LOSS ---------- INC./LOSS ------ ADJUSTMENT 10,555. ---- 10,725. --------- 170` -1,575. -1,891. - -316. --------- -- -146. PASSIVE ACTIVITY - INCOME AND LOSS DETAIL ACTIVITY - SECOND STA'T'E PROPERTY CO- RENTAL REAL ESTATE INCOME OR LOSS REGULAR INCOME OR LOSS BEFORE LIMITATIONS PLUS: POST-86 DEPRECIATION ADJUSTMENT AMT INCOME OR LOSS BEFORE LIMITATIONS ALLOWABLE INCOME OR LOSS CONTINUED... REGULAR AMT INC./LOSS INC./LOSS ---------- ---------- 10,555. ------------ 10,555. 10,555. 170. ------------ 10,725. ------------------------ 10,555. 10,725. STATEMENT 8 40YOF1 K3?1 'V'07-5.5 DRU-24186 APR-16-2008 10:28AM FROM- T-372 P-028/029 F-346 SUPPLEMENT TO FORM 6251 PASSIVE ACTIVITY - INCOME AND LOSS DETAIL (CONT'D) ACTIVITY - RESIDENTIAL RENTAL GROSS INCOME TOTAL DEDUCTIONS (EXCLUDING DEPLETION) POST-86 DEPRECIATION INCOME OR LOSS BEFORE LIMITATIONS ALLOWABLE INCOME OR LOSS NET INCOME OR LOSS REGULAR AMT INC./LOSS INC./LOSS ---------- 21,017. 21,017. 22,592. 22,592. N/A ---------- - -316. -- - -1,575. -------------- ---------- -1,891. --- -1,575. -------------- ------- -1,891. --- -1,575. ------- -1,891. LINE 29 - EXEMPTION WORKSHEET 1. $44,350. IF SINGLE OR HEAD $66,250. IF MARRIED FILING $33,125. IF MARRIED FILING 2. ALTERNATIVE MINIMUM TAXABLE 3. $112,500. IF SINGLE OR HEAD $150,000. IF MFJ OR QUAL. W $ 75,000. IF MARRIED FILING OF HOUSEHOLD JT. OR QUAL. WIDOW(ER) 44,350. SEPARATELY INCOME, LINE 28 206,078. OF HOUSEHOLD [DOW (ER) 112, 500. SEPARATELY ------------ 4. LINE 2 LESS LINE 3 93,578. S. MULTIPLY LINE 4 BY 250 23,395. 6. EXEMPTION AMOUNT (LINE 1 LESS LINE 5) 20,955 - STATEMENT 9 40YOP1 x371 V07-5.5 DRU-24186 APR-18-2008 10:29AM FR0W . 1 . s T-3T2 P-029/029 F-346 SUPPLEMENT TO FORM 6251 LINE 42 - WORKSHEET 1. AMOUNT FROM FORM 6251, LINE 41 179,665. 2. LINE I MULTIPLIED BY 28t 50,306. 3. $3,500 OR $1,750 IF MARRIED FILING SEPARATELY 3,500. 4. TOTAL, TO FORM 6251, LINE 42 (LINE 2 LESS LINE 3) 46,806. T LINE 54 - WORKSHEET 1. AMOUNT FROM FORM 6251, LINE 36 185,123. 2. LINE 1 MULTIPLIED BY 280 $1,834. 3. $3,500 OR $1,750 IF MARRIED FILING SEPARATELY 3,500. 4. TOTAL TO FORM 6251, LINE 54 (LINE 2 LESS LINE 3) 48,334. - STATEMENT 10 4VYOF1 K371 V07-5,5 DRU-24186 f 1 ? Bey T'xrr s23 IG; m .? Ethel C. Wenger Plaintiff VS. SEP Z 31008 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW - IN DIVORCE Thomas L. Wenger NO. 06-667 Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended CERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Wix, Wenger & Weidner Profit Sharing Plan ("Plan'). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Thomas L. Wenger ("Participant") is a participant in the Plan. Ethel C. Wenger ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Thomas L. Wenger 107 Drexel Hills Park Road New Cumberland, PA 17070 Social Security #: 182-34-4146 Date of Birth: January 13, 1942 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Ethel C. Wenger 207 Clouser Road Mechanicsburg, PA 17055 Social Security #: 156-32-9433 Date of Birth: July 30, 1941 Z'd 99ZO-ZCZ-L LL seogp noel }un.r8 eb9:0L 80 OL deS QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's vested account balance under the Plan payable to the Alternate Payee under this QDRO is (a) plus (b), where (a) is a fixed dollar amount of $136,128.00 and (b) is $985,079.00 as of December 31, 2007, adjusted for investment gains or losses earned on the Participant's account from December 31, 2007, until August 31, 2008. The Alternate Payee's share of the vested account balance shall be allocated on a pro-rata basis from all of the sub- accounts and/or investment funds maintained on behalf of the Participant under the Plan. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan. Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. ]In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. L'd 99ZO-Z£Z-L LL seoL40 mia-l jun.i8 - eZO: 4 L 80 0 L deS •-QDRb Page 3 In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. Z-d 99ZO-Z£Z-L LL seo!jjp Mel }uni8 eZO: L L 80 0 L deS Sep 10 08 11:05a Brunt Law Offices 717-232-0255 p.1 QDRO Page 4 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this P day of BY CONSENT TO ORDER: - Z/& (/-It "/ vl P Plaintiff/Alternate P ata 9?? og Attorney for t* tiff/ tiff/ Date Alternate Payee !IX Attorney for Defendant/ Date Participant ,cur ,?,d .. go ?rJb o f S 0 Wd 6 Z d3S 0002 AdvltfNviii ± 0Ld 3HI J0 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntgDCPBruntLaw.com Attorney for Defendant ETHEL C. WENGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-667 CIVIL TERM THOMAS L. WENGER, Defendant . IN DIVORCE MARITAL SETTLEMENT AGREEMENT MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this /lam- day of 2008, by and between ETHEL C. WENGER, now of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", -AND- THOMAS L. WENGER, ESQUIRE, now of New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 11, 1964, in Haddonfield, New Jersey, and are the parents of three adult, emancipated children; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties, causing them to believe that their marriage is irretrievably broken, as a result of which the parties separated on or about February 1, 2005, and intend to live separate and apart from one another hereafter, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; 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 of real and personal property; the settling of all matters between them relating to the past, present, or future support 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 estate, particularly those responsibilities and rights growing -2- out of the marriage relationship; and WHEREAS, both Husband and Wife have been fully, separately and independently advised of their legal rights and obligations, and each covenants that he/she has each made a full and complete disclosure to the other of his/her respective property, holdings and income; and The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of MARIA P. COGNETTI, ESQUIRE, as her attorney. The Husband has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as his attorney. Each party acknowledges that he/she has received independent legal advice from counsel of his/her selection and that each fully understands the facts and has been fully informed as to his/her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknow- ledges that he/she has been fully advised by his/her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property owned or possessed jointly or individually by either party, counsel fees and costs of litigation, and, fully knowing the same and being fully advised of his/her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his/her respective right to have the -3- Court of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. WHEREAS, after consultation with their respective counsel regarding their options for methods of resolving the issues and claims involved in their proposed divorce, the parties elected to use a mediation process to make the necessary decisions in the negotiation and preparation of this Agreement. In doing so, the parties were assisted by mediators, DAWN S. SUNDAY, ESQUIRE and ARNOLD T. SHIENVOLD, Ph.D. Each party acknowledges that he/she has been provided with any documents or information that he/she believed to be important or material to decision- making regarding the content of this Agreement. In arriving at the terms set forth in this Agreement, Husband and Wife have applied their individual standards of reasonableness and acceptability in lieu of seeking decisions by the Court on these issues. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside, from time to time, at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or -4- compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. 2. DIVORCE. The parties acknowledge that Wife filed a Complaint In Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 06-667 Civil Term and that Husband filed a Counterclaim in that action, seeking the entry of a no-fault divorce under Section 3301(d) of the Pennsylvania Divorce Code. Following hearing on Husband's Petition For Bifurcation, the said action was bifurcated and a Decree In Divorce was entered on December 31, 2007, divorcing the parties from the bonds of matrimony. In the said Order Of Court of December 31, 2007, the Court included provisions for the protection of various interests of the parties pending final resolution of all economic issues. The parties hereby acknowledge and agree that all such issues have been resolved by the execution of this Agreement, which shall be filed with the Court, and that the interim provisions contained in the Order of December 31, 2007, relating to economic issues and protections for the parties pending final resolution of economic claims, are superseded by the terms of this Agreement. Each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by the entry of any Order entered by the Court of this or any other state, country or jurisdiction, and that nothing in any such order, decree, judgement or further modification or revisions thereof shall alter, amend, or vary any term of this Agreement. It is specifically understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any order, decree or judgement and that none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option of the aggrieved party, by a suit against the alleged breaching party either in law or in equity. -5- 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that he has not since the date of separation, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation. Wife represents and warrants to Husband that she has not since the date of separation, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation. Except as expressly set forth herein, each party shall be solely responsible for any debts or liabilities incurred in his/her individual name at any time, including prior to the separation of the parties, and shall indemnify and save the other party harmless from any and all claims or demands made against him/her by reason of such debts or obligations. 5. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he/she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, -6- contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary; or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. Except as set forth herein, the parties mutually agree that each shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his/her possession, and that each party hereby releases and relinquishes any right, title or interest he/she may have had in the past or now has in the aforesaid tangible personal property in the other party's possession. Notwithstanding the foregoing, Husband shall receive the inflatable kayak, which he will remove from the premises of the former marital residence at a mutually agreeable time -7- as soon as practicable following the execution of this Agreement. In addition, Wife shall receive as her sole and separate property the antique bed which belonged to her father, now in Husband's possession, and she will retrieve the bed from Husband's residence at a mutually agreeable time as soon as practicable following the execution of this Agreement. 7. MARITAL RESIDENCE. The parties acknowledge that they are the joint owners of a marital residence and 20 acres of land situate in Monroe Township, Cumberland County, Pennsylvania, at 207 Clouser Road, Mechanicsburg, Pennsylvania 17055, plus approximately 45 additional acres of land in additional separate parcels located on Clouser Road adjacent to the marital residence. The parties agree that the said residence and additional land will be transferred to Wife's sole and absolute ownership and that Husband hereby waives any further interest therein. Contemporaneously with the execution of this Agreement or promptly upon presentation by Wife, Husband will execute Deeds and any other documents that may be necessary to correct prior deeds, prepared by Wife, transferring ownership of the said property in three separate parcels to her. The said Deeds shall be held in escrow by Husband's counsel and delivered to Wife for recording contemporaneously with the settlement on her refinancing of the mortgage encumbering the said property, as more specifically set forth below. Wife shall pay all costs of recording the said Deeds and any other documents required Wife has enjoyed sole possession of the said marital residence since February 1, 2005, and will be solely responsible for payment of all expenses incident to the use and ownership of the said marital residence from that date forward, including, without limitation any and all taxes, liability and fire insurance premiums, utilities, sewer, water, refuse collections, assessments, proper maintenance, repairs, additions and improvements. Wife will indemnify and hold Husband harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. The parties hereby acknowledge that the said residence is currently -8- encumbered by a mortgage held by Pennsylvania State Bank (now PNC Bank). The parties acknowledge that a substantial portion of the outstanding balance on the said mortgage is attributable to amounts borrowed for the benefit of their daughter, ELIZABETH ANN WENGER, for the purchase of her home at 5810 Inman Park Circle, Unit # 100, Rockville, MD. This amount was estimated to be approximately $149,763 as of March 2008. After calculation of the current balance due on the portion of the total current Pennsylvania State Bank (now PNC Bank) mortgage balance which is attributable to amounts borrowed for the benefit of ELIZABETH, Husband shall refinance that portion into his sole and individual name or otherwise arrange for the full and complete release of Wife from any liability thereon and for the release of any lien against the marital residence attributable to that portion of the existing mortgage. Husband shall exercise his best efforts to complete the said refinancing or release of Wife and the lien as soon as possible following the execution of this Agreement. Wife shall refinance the entire remaining balance owing on that mortgage which exceeds the current balance on ELIZABETH's portion into her sole and individual name, so as to obtain a full and complete release of Husband from any liability thereon. Wife shall exercise her best efforts to complete the said financing as soon as possible following the date of execution of this Agreement. The parties also acknowledge that there is a second mortgage lien in the approximate principal amount of $128,079.00 against the marital residence held by Pennsylvania State Bank (now PNC Bank), which guarantees a residential mortgage obtained by their son, THOMAS WENGER, JR. for the purchase of his residence at 480 Pine Ridge Circle, Lewisberry, PA 17339. Husband shall refinance that obligation into his sole and individual name or otherwise arrange for the full and complete release of Wife from any liability thereon and for the release of any lien against the marital residence attributable to that existing mortgage. The parties acknowledge that since separation Wife has received various amounts of income related to the leasing of farm land on the marital residence property and various farm subsidies from the United States Department of Agriculture. The -9- parties agree that Wife shall retain all sums received as her sole and separate property, free of any claim by Husband. In the event that Husband has in his possession any receipts and documentation relating to any real estate taxes paid on the entire marital residence property and adjacent parcels and to any improvements which have been made thereto, Husband shall deliver them to Wife promptly following execution of this Agreement. 8. NORTH CAROLINA HOME. The parties acknowledge that they are the joint owners of a vacation home situate at 112 Vireo Way, Duck, North Carolina, which is encumbered by a mortgage with Halifax National Bank. The parties agree that the said property and all furniture, appliances and other personal property located therein will be transferred to Husband's sole and absolute ownership and that Wife hereby waives any further interest therein. Contemporaneously with the execution of this Agreement, Wife will execute a Deed prepared by Husband, transferring ownership of the said property to him. Such Deed shall be held in escrow by Wife's counsel and delivered to Husband for recording contemporaneously with the settlement on his refinancing as more specifically set forth below. Husband shall pay all costs of recording the said Deed. Husband has enjoyed sole possession of the said property since February 1, 2005, and will be solely responsible for payment of all expenses incident to the use and ownership of the said property from that date forward, including, without limitation any and all taxes, liability and fire insurance premiums, utilities, sewer, water, refuse collections, assessments, proper maintenance, repairs, additions and improvements. Husband will indemnify and hold Wife harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. Husband shall refinance the Halifax National Bank mortgage so as to obtain a full and complete release of Wife from any liability thereon. Husband shall exercise his best efforts to complete the said refinancing as soon as possible following -10- the execution of this Agreement. The parties acknowledge that Husband has received rental income attributable to the said North Carolina property since separation, which he shall retain as his sole and separate property, free of any claim by Wife. 9. FIRST STATE PROPERTY COMPANY AND SECOND STATE PROPERTY COMPANY. The parties acknowledge that Husband is a 50% partner in First State Property Company and Second State Property Company, which partnerships are the owners of office buildings situate at 508 and 510 North Second Street, Harrisburg, Dauphin County, Pennsylvania. Husband shall retain his entire interests in the said partnerships and all of their assets, including without limitation the foregoing properties and any cash assets, as his sole and separate property. Wife hereby waives any interest she may have therein. 10. DISTRIBUTION OF BANK ACCOUNTS. The parties acknowledge that they were formerly the joint owners of a Certificate of Deposit No. -1822 with Wachovia Bank, which was closed following separation and from which Husband received the sum of $24,500.00 and Wife received the sum of $15,834.00. Each party shall retain as his/her sole and separate property all funds received from the said Certificate of Deposit account. The parties acknowledge that they were also the joint owners of Wachovia Bank Checking Account No. -9025 and Money Market Account No. -4474, which were closed by Wife following separation. Each party shall retain as his/her sole and separate property all funds withdrawn from the said accounts following separation, and Wife shall retain as her sole and separate property all funds she received upon the closing of such accounts. Wife shall retain the PNC Bank Checking Account No. -9137 as her sole and separate property, free of any claim by Husband. Except as otherwise specifically set forth herein, each party shall retain as -11- his/her sole and separate property, free and clear from any claim or interest on the part of the other, any bank, credit union or similar depository account now in his/her respective name. 11. WACHOVIA SECURITIES ACCOUNT NO. -9562. Husband is the joint owner of a Wachovia Securities Account No. -9562 with Peter Wenger, the son of the parties. Husband shall retain his entire interest in the said account, and Wife waives any right or interest in the said account. 12. WACHOVIA SECURITIES ACCOUNT NO. -9180. The parties acknowledge that Husband is the owner of a Wachovia Securities Account No. -9180, which was valued at $75,159.00 at 12/31/07. Husband shall retain the said account as his sole and separate property, free and clear of any claim or interest by Wife. The parties agree that the value of the said Wachovia Securities Account shall be updated as of July 31, 2008, and that the additional distribution to be made to Wife from Husband's Wix, Wenger and Weidner Profit Sharing Plan to equalize assets as set forth hereinafter in paragraph 18 reflects an adjustment upward or downward in an amount equal to 50% of any change in the value of such account from 12/31/07 to 7/31/08. 12. OTHER BROKERAGE ! INVESTMENT ACCOUNTS. Each party shall retain as his/her sole and separate property any other brokerage, mutual fund, or other investment account or asset now owned in his/her individual name, free of any claim by the other party. Without limitation by specification, this shall expressly apply to any such assets Wife has previously received by inheritance. 13. VEHICLES. Each party will retain as his/her sole and separate property all motor vehicles now in his/her possession. Each party shall be solely responsible for payment of all sums due on any loans encumbering the vehicles which he/she is -12- retaining and shall indemnify and save the other party from any claim, demand or liability thereon. The parties shall promptly cooperate in the transfer of any titles necessary to effectuate this provision. 14. LIFE INSURANCE. The parties shall each retain as his/her separate property any policies of life insurance of which he/she is now the owner. Specifically, without limitation, Husband shall retain as his sole and separate property the following policies insuring his life: a. Travelers Life Policy No. -9315; b. Northwest Mutual Policy No. -5993; and c. Northwest Mutual Policy No. -2983. 15. HUSBAND'S INTEREST IN WIX WENGER AND WEIDNER P.C. Husband was formerly a shareholder in the law firm known as Wix, Wenger and Weidner, P.C. He and the said law firm entered into a Retirement And Of Counsel Agreement on November 19, 2007. Pursuant to the said Agreement, Husband relinquished his ownership shares of Wix, Wenger and Weidner P.C. and became "of counsel" as of 12/31/07. Husband shall retain as his sole and separate property, free of any claim or interest by Wife, any payments received to date or to which he may be entitled in the future pursuant to the said Retirement And Of Counsel Agreement or in connection with his prior ownership interest in Wix, Wenger and Weidner, P.C. 16. CHILDREN'S LOANS. The parties acknowledge that there is a loan due to them from their daughter ELIZABETH ANN WENGER, in the current approximate amount of $149,763.00 and that there are loans due to them by their son, THOMAS WENGER, JR., in the current approximate amounts of $165,909.00 and $128,079.00. Husband shall retain as his sole and separate property all sums due from -13- or repaid by the children on said loans, free of any claim by Wife, together with any promissory notes, mortgages or other security instruments securing said loan obligations. Wife hereby assigns all of her rights and interest in said loans, promissory notes, mortgages or other security instruments to Husband. In all events, Husband shall indemnify and save Wife harmless from any personal liability for the debts associated with the said loans, which were personally guaranteed by the parties. 17. HUSBAND'S SCHWAB INDIVIDUAL RETIREMENT ACCOUNT. The parties acknowledge that Husband is the owner of an Individual Retirement Account No. -3184 with CharlesSchwab. Husband shall retain the said account in its entirety as his sole and separate property, free of any right, claim, title or interest by Wife. 18. HUSBAND'S WIX WENGER AND WEIDNER PROFIT SHARING PLAN Husband is a participant in the Wix, Wenger and Weidner Profit Sharing Plan, the marital portion of which the parties agree was valued at $1,970,158.00 as of 12131/07. Wife shall receive 50% of the said marital portion of the Profit Sharing Plan account, or $985,079.00, as of 12/31/07, adjusted for gains/losses on her share since 12/31/07. Wife shall also receive the additional amount of $136,128.00 from Husband's said Profit Sharing Plan account in order to equalize the distribution of the non-profit sharing marital assets of the parties. The parties acknowledge that this equalizing payment has previously been adjusted for credit to Husband for tax payments he made following separation on Wife's behalf (reduction of $20,000.00), for his assumption of the total risk of debt associated with loans made to the children of the parties (reduction of $50,000.00), for 50% of the mediation fees paid by Husband (reduction of $2,025.00), and for 50% of the change in the value of Husband's Wachovia Securities Account No. -9180 from 12/31/07 to 7/31/08, as more specifically as set forth above in paragraph 12 (reduction/increase of $4,907.00). Husband shall retain as his separate property the remaining balance of his Wix, Wenger and Weidner Profit Sharing Plan account after deduction of Wife's share as set forth herein, free of any claim by Wife. -14- Wife's total share of Husband's Wix, Wenger and Weidner Profit Sharing Plan account as set forth herein shall be distributed to her pursuant to a Qualified Domestic Relations Order (QDRO) to be prepared by Husband's counsel or by a pension actuary on Husband's behalf as soon as practicable hereafter. Husband shall pay all costs of the preparation of the said QDRO. The parties shall cooperate to effectuate the prompt entry of the QDRO and its submission to the Profit Sharing Plan administrator. 19. WAIVER OF BENEFICIARY DESIGNATIONS. 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, policy, annuity or like program or account 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 paychecks or any other post-death distribution scheme. Each party expressly states that it is his/her respective intention to revoke by the terms of this Agreement any beneficiary designations naming the other which pre-date the date of execution of this Agreement. In the event that any such beneficiary designation is not formally changed prior to the death of the party, such that the other party continues to be named as beneficiary with no alternate beneficiary otherwise designated, the beneficiary shall be deemed to be the Estate of the deceased party, and all benefits shall be distributed to the personal representative for the Estate of the deceased party, free of any claim by the other party. Contemporaneously with the execution of this Agreement or promptly upon subsequent request, the parties shall execute any additional waivers or other documents that may be required by the other party's retirement plan administrator to effectuate the provisions of this paragraph and to waive any claims he/she may now have or hereafter have in the other party's said retirement assets, except to the extent as set forth herein. -15- 20. ALIMONY PENDENTE LITE / ALIMONY. The parties acknowledge that pursuant to the Order Of Court entered on December 31, 2007 and docketed to No. 06- 667 CIVIL TERM, Cumberland County, Husband has been paying alimony pendente lite / alimony to Wife in the amount of $5,088.00 per month, plus paying the costs of Wife's medical insurance through COBRA. Husband shall continue to pay the said alimony pendente lite / alimony and medical insurance premiums through September 30, 2008, at which time all such payments by Husband will terminate absolutely. Each party waives any claim against the other for any payment of spousal support or maintenance, alimony pendente lite or alimony other than as expressly set forth herein. 21. COUNSEL FEES. Except as set forth in Paragraph 29, providing for payment of counsel fees incurred as a result of the breach of this Agreement, each party shall be solely responsible for payment of his/her counsel fees, costs and expenses, and hereby waives any claim against the other party for payment of or contribution to such fees and expenses. 22. MEDIATION FEES. Husband shall pay all outstanding costs of mediation, subject to credit for one-half of all fees paid as more specifically set forth herein above in paragraph 18. 23. TAXES. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed -16- against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 24. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents as may be reasonably required to give full force and effect to the provisions of this Agreement. 25. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. ENTIRE AGREEMENT. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein._ 27. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. -17- 28. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 29. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his/her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him/her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his/her rights under this Agreement, or in seeking such other remedies or relief as may be available to him/her, regardless of whether the issues relating to the breach are resolved by settlement or by determination of the court. 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/her counsel of his/her intent to take action to enforce his/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. 30. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 32. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding -18- on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: Ll _ ETHE C. WEN (SEAL) Z4? ?L4 RE -19- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. On this 1 day of 2008, before me, the undersigned officer, personally appeared ETHEL C. WENGER, 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. Notafy Public COMMONWEALTH CLPHO?TVSYLVANIA Notarial Seal Karen A. Sheriff, Notary Public * * * * * * * * Palmyra Boro, Lebanon County My Commission Expires May 16, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN On this 1114- day of .,. 4 , , 2008, before me, the undersigned officer, personally appeared THOMAS L. WENGER, ESQUIRE, 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. z4z94 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Constance P. Brunt, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Oct. 20, 2009 -20- ?:=?'? f. J' _? ETHEL C. WENGER, Plaintiff VS. THOMAS L. WENGER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 667 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this q&_ day of 2009, the economic claims raised in the pro dings having been resolved in accordance with a marital settlement agreement dated September 11, 2008, 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. ;TE COURT, 1 G' cc: /Maria P. Cognetti Attorney for Plaintiff M Constance P. Brunt Attorney for Defendant 124c? es Ma`l L GXL Edgar B. Bayley, P.J. nAlAV } 8d Js :l 6".f /5WIW??J}K08d 3U JO JO ..-