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HomeMy WebLinkAbout08-5598JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No 08 g Civil Tam JEFFREY TODD FORTNEY, CIVIL ACTION - AT LAW Defendant 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 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, Plaintiff vs. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No OF- Ss 9 F CIVIL ACTION - AT LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Christine Ann Fortney, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. Plaintiff, Christine Ann Fortney, is an adult individual currently residing at 130 N. Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Jeffrey Todd Fortney, is an adult individual currently residing at 130 N. Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 3, 1989, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 1 jo COUNT I - DIVORCE 6. Plaintiff avers that the grounds on which this divorce action is based are that the marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff and Defendant are both citizens of the United States. 9. 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. 10. There are two dependent children from this marriage, namely Erik Robert FortneY, born April 10, 1994, and Ryan Matthew Fortney, born July 16, 1995. 11. This action is not collusive. COUNT II - EQUITABLE DISTRIBUTION 12. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated 2 but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, and insurance policies acquired during their marriage, which are subject to equitable distribution by this court. COUNT III - ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 15. By reason of this action, Wife will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 16. Wife 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. 17. Wife's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and costs of this litigation. 18. Husband has adequate earnings to provide for Wife's support and to pay her counsel fees, costs and expenses. COUNT III - ALIMONY 19. Wife lacks sufficient property to provide for her reasonable needs. 3 20. Wife is unable to sufficiently support herself through appropriate employment. 21. Husband has sufficient income and assets to provide continuing support for the Wife after the entry of a Decree in Divorce. WHEREFORE, Plaintiff, Christine Ann Fortney, requests this Honorable Court: 1) Enter a Decree in Divorce; 2) Equitably distribute all property, both personal and real, owned by the parties; 3) Compel Husband to pay alimony pendente lite to Wife; 4) Compel Husband to pay post-divorce alimony to Wife; 5) Grant Wife's attorney's fees and costs; 6) Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: By: J B. COSTOPOULOS, ESQ Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ??fe/? ATTORNEY FOR PLAINTIFF VERIFICATION I, Christine Ann Fortney, hereby verify and state that the facts set forth in the document are true and correct to the best of my information foregoing knowledge and belief.. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A unsworn verification to authorities. §4904 relating to Date: Christine Ann Fortney C7 a Q v i cn 1 . ?._. F 9o, Lh N (A Y } r, t$ r JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, Plaintiff vs. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 2008-5598 CIVIL ACTION - AT LAW DIVORCE STIPULATION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, come Plaintiff, Christine Ann Fortney, and Defendant, Jeffrey Todd Fortney, and hereby enter the following Stipulation for Exclusive Possession of the Marital Residence as follows: 1. Plaintiff is Christine Ann Fortney (hereinafter "Wife"). 2. Defendant is Jeffrey Todd Fortney (hereinafter "Husband"). 3. Plaintiff filed a Complaint in Divorce on September 22, 2008 at the above term and number. 4. The parties are owners of a house and real estate situated at 130 N. Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050 (" the Marital Residence"). 5. The parties agree that exclusive possession of the Marital Residence shall be granted solely to Wife pending final resolution of all claims between the parties. 6. Husband agrees he will not enter the Marital Residence absent the express consent of Wife pending final resolution of all claims between the parties. 7. This Stipulation in no way divides or distributes any of Husband's or Wife's real or personal property, nor any marital asset subject to Equitable Distribution. It is understood and agreed that this Agreement is preliminary in nature. The parties agree that this Stipulation shall not, in any way, prejudice either party with regard to final distribution of the marital estate. 8. The provisions of this Stipulation and their legal effects are understood by the parties. Each party acknowledges that each fully understands the facts relative thereto and has been fully informed as to his or her legal rights and obligations, and that this Stipulation is being entered into freely and voluntarily. The parties further acknowledge that the execution of this Stipulation 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 WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals. Christine Ann Fortney ate Plaintiff ,f f' WITNESS Date 0 eY ortney Date d/6 D? C&of - q I - Defen an WITNESS , ?? /at 2 ?' ;, ? p , ?._?: ??-'. ? ? ?: ?i'.? „? ?' ? -g ? C7 ?' ? C;.? b OCT' 15 zowen CHRISTINE ANN FORTNEY, Plaintiff vs. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 2008-5598 CIVIL ACTION - AT LAW DIVORCE ORDER OF COURT AND NOW, TO WIT, this z /` day of _ acfa ",- , 2008, it is hereby ORDERED AND DECREED that the attached Stipulation for Exclusive Possession of the Marital Residence is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: SOT770 ?? ? Ithe • p +?+? Ss.? av? _ SQf? ? L'l of AIN;lt 0 Z :01 WSJ ! Z 130 OOOZ htl?s AML AG JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, Plaintiff VS. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 2008-5598 CIVIL ACTION - AT LAW : DIVORCE AFFIDAVIT OF SERVICE P. O. Box 9 Shermansdate, Pa 17080 Phone: 717-215-5798 Fax: 717-582-3495 e-mail: IUCianoieost•net Affidavit Of Service I, Leo F. Luciano, hereby verify that on the date and time set below, I personally hand- served the subpoena to Jeffrey Fortney at 130 North Sporting Hill Road, Mechanicsburg, Pa.17055. On the 10th day of October, 2008 at 4:57 P.M. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. By: 'e, F z6gst- - Leo F. Luciano Luciano Investigative Services, LLC P.O. Box 9 Shermansdale, Pa. 17109 SWORN to and subscribed before me this day of , 2008 Notary Public "IQ , a n -r. I ` 1? JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, Plaintiff vs. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5598 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S MOTION FOR SACTIONS AND/OR TO COMPEL DISCOVERY Plaintiff, Christine Ann Fortney, by her attorney, Jeanne B. Costopoulos, Esquire, files this Motion for Sanctions and/or to Compel Discovery and in support thereof represents the following: 1. On or about June 18, 2009, Plaintiff, through her attorney, Jeanne B. Costopoulos, Esquire, sent to Defendant, pro se, an original and one copy of Plaintiffs First Request for Production of Documents to Defendant ("discovery request" hereinafter). A true and correct copy of Plaintiff's discovery request is attached hereto marked Exhibit "A" and made part hereof. 2. Defendant accepted service of Plaintiff's discovery request on June 20, 2009. The original return receipt is attached hereto marked Exhibit "B" and made part hereof. 3. The 30 day time period allotted under the Pennsylvania Rules of Civil Procedure for responding to Plaintiff's discovery request expired on July 20, 2009. 4. As of the date of this Motion, Defendant has failed to produce the documents requested in the Plaintiff's discovery request. 5. Sanctions may be entered by the Court upon Motion Pursuant to Rule 4019(a)(1) if a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested [Pa.R.C.P.4109(a)(1)(iii)] or if a party or person otherwise fails to make discovery or to obey an order of court respecting discovery [Pa.R.C.P.4109(a)(1)(iv)]. 6. Because Defendant has failed to comply with Plaintiff's discovery request, an order should be entered granting Plaintiff's request to compel discovery and/or levying sanctions against Defendant. 7. No judge was previously assigned to this case. 8. Undersigned counsel sent a copy of this Motion to Defendant on September 3, 2009 via certified mail receipt no. 7009 0080 0002 2470 0850 and advised him of her intended filing of same. Defendant accepted service on September 4, 2009, as evidenced by the attached return receipt marked Exhibit "C" and made part hereof. WHEREFORE, pursuant to Pa. R.C.P. 4019, Plaintiff respectfully requests this Honorable Court to enter an Order: A. Requiring Defendant to produce the documents requested in the Plaintiff's First Request for Production of Documents to Defendant for purposes of inspection and/or copying. B. Pursuant to Pa.R.C.P. 4019(c)(4), imposing punishment for contempt for failure to produce the documents requested. C. Pursuant to Pa.R.C.P.4109(c)(5), for such other relief as this Honorable Court may deem just. D. Pursuant to Pa.R.C.P.4019(g)(1), awarding Plaintiff attorney's fees and costs in the event Defendant fails to comply with any order entered pursuant to this Motion requiring compliance with the discovery requests. Respectfully Submitted: By. JEANNE B. COSTOPOULOS, ES IRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Dated: 1// sl ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Christine Ann Fortney, Plaintiff. 2. She is authorized to make this verification on her behalf 3. The facts set forth in the foregoing Motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing petition are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JEAN B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, certified receipt no. 7009 0080 0002 2470 0850, prepaid, and addressed as follows: Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 By: JEA E B. COSTOPOULOS, UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Dated: f! ! -/0- EXHIBIT A B. COSTOPOULOS JEANNE' ATTORNEY AND COUNSELOR AT LAW The Executive Offices at Rossmoyne, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 Telephone: 747.221.0900 Facsimile: 717.790-6019 Email: jbclegal@gmail.com June 18, 2009 Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 VIA CERTIFIED MAIL NO. 7005 1820 0007 1262 8254 Dear Jeffrey: Enclosed is a proposed Marital Settlement Agreement. Please review it very carefully. If acceptable, please initial each page and sign it in the presence of a notary public then return it to me. If unacceptable, please contact me in writing regarding your concerns. Also enclosed is an original and one copy of Plaintiff s First Request for Production of Documents to Defendant. You have thirty (30) days from receipt of this letter to provide the requested documents in the form set forth in the PA Rules of Civil Procedure. In the event you sign and return the enclosed settlement agreement prior to expiration of the deadline, you will be released from the requirement to provide the requested documentation. However, if you either do not respond or if you reject the Agreement as drafted, you will be held to the thirty day deadline. Of course, if you retain an attorney please have him or her contact me. Sincerely yours, 6 B. Costopo lu os, Esquire ENCLOSURE cc: Christine Fortney JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2008-5598 CIVIL TERM JEFFREY TODD FORTNEY, CIVIL ACTION - AT LAW Defendant DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 VIA CERTIFIED MAIL 7005 1820 0007 1262 8254 INSTRUCTIONS Plaintiff, Christine Ann Fortney, by her attorney, Jeanne B. Costopoulos, Esquire, hereby propounds the following request for Production of Documents pursuant to Rule 4009.1 et seq. of the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at the law office of Jeannd B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, Pennsylvania, 17055, within thirty (30) days of service. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are reminded that any objections not raised within the thirty-day period provided for by Pa.R.C.P. 4009.12 will be deemed to have been waived by you. 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. This means that you must 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. It also means you must produce documents and tangible things that are in the possession, custody, or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. II. DEFINITIONS To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. "Defendant" means the defendant or defendants named in this action. "Plaintiff' means the particular plaintiff or plaintiffs in this action to whom this request is addressed, as set forth above. "Document," "record," "file," and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. "Identify" when used in reference to an individual means: (i) To state his/her full name. (ii) Present residence or last known residence. III. REQUESTS 1. Federal individual/joint personal income tax returns, and any amendments thereto, including W-2 and K- I forms and all attached schedules, filed by you for tax years 2005, 2006, 2007, and 2008. 2. If any of the requested tax returns are not yet filed, provide copies of any draft or proposed returns, all of your W-2 forms, K-1 forms, 1099 forms, and any other documents that are being used to prepare said tax returns. 3. All financial statements prepared by you or on your behalf since January 1, 2005. 4. Computer-generated records of income and payments from your Quicken or similar computer program for the past three years. 5. All statements, including canceled checks, check registers or stubs, and deposit slips issued by any bank, savings institution, mutual fund accounts or other financial institution from January 1, 2008 through the present. 6. All loan applications and loan documents, pertaining to any sums of money borrowed or to be borrowed by you, individually or jointly with any other person, or as guarantor, from January 1, 2008 through the present. 7. All brokerage statements, pertaining to any accounts in which you individually, or with others, had any interest, from January 1, 2008 through the present. 8. All securities, including tax-free bonds and funds, in which you individually, or jointly with any other person, had any interest, from January 1, 2008 through the present.' 9. All stock certificates, not in house accounts, in which you individually or jointly with any other person, had any interest, from January 1, 2008 through the present. 10. All mutual fund statements received by you from January 1, 2008 through the present. 11. All treasury notes, treasury bills, U.S. Savings Bonds, corporate bonds, and municipal bonds, presently owned or in which you, individually or jointly with any other person, had any interest as of January 1, 2008 through the present. 12. All savings certificates or certificates of deposit, or other depository receipts presently owned or in which you had any interest, from January 1, 2008 through the present. 13. All statements from any individual retirement account, pension or profit sharing plan, savings plan, Keogh, 401(k) Plan, annuity benefits, retirement plan, stock bonus plan, stock option plan, thrift plan (excluding social security benefits), in which you, individually or with others, have or had any interest, with benefits still due, received by you from January 1, 2008 through the present. 14. Copies of the current summary plan descriptions for any and all retirement benefit plans in which you participate or under which you are entitled to benefits. 15. All financial statements or documents referring to any deferred compensation plan, to which you were entitled by reason of any present or past employment, from January 1, 2008 through the present. 16. Your income and earnings records, including but not limited to payroll stubs or wage statements, any commission statements, notes of cash or checks received, or any 1099s issued by any person or entity for which you have performed services from January 1, 2008 to the present. 17. Any employment contracts or commission contracts with either your current or previous employer to which you were a party in the past three years. 18. All monthly credit card statements and other charge account statements (MasterCard, Visa, American Express, Discover, department stores, oil and gas companies, etc.), and supporting information, the accounts of which are in your name individually or jointly with any other person, from January 1, 2007 through the present. 19. Documentation verifying the sale by you of any asset having a value in excess of $500.00 from January 1, 2008 through the present. 20. All documentation evidencing the removal, transfer, redemption, or disbursement by you of any funds from any savings accounts, certificates of deposit, or other depository receipt from January 1, 2008 through the present. 21. The lease or deed for the premises where you are presently residing. 22. If you have been involved in litigation either as a plaintiff or defendant in the past five years, a copy of the Complaint, and a copy of any written correspondence or other documentation memorializing any settlement offers made by or on your behalf. 23. All documentation or written instruments evidencing any debt obligation owed by you between January 1, 2008 to the present. Include statements showing all charges and credits. 24. All documentation or written instruments evidencing any existing debt obligation due to you, including but not limited to invoices for work you have preformed, collection letters sent by you, or other documentation evidencing money owed to you by any person or entity, and statements showing balances on such obligations as of the date you separated from your spouse and presently. 25. All documents relating to the purchase of motor vehicles presently owned by you, or in which you had an interest since January 1, 2008, including a copy of the title to the vehicle. 26. All life insurance and annuity policies and statements in which you have any interest as an owner, insured, or beneficiary, including any change of beneficiary forms executed by you since January 1, 2008 and statements showing the cash surrender value received by you from January 1, 2008 to the present. Respectfully Submitted: Y: JEA . COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Dated: 6? // ??(? VERIFICATION I, Jeffrey Todd Fortney, the within named Defendant, do verify that I have provided full and complete answers to Plaintiff's First Set of Interrogatories Directed to Defendant. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Signed: Jeffrey Todd Fortney CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 By: JEA B. COSTOPOULOS, ES-QUW Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Dated: EXHIBIT B JEANNE" B. COSTOPOULOS ATTORNEY AND COUNSELOR AT LAW The Executive Offices at Rossmoyne, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 Telephone: 717.221-ogoo Facsimile: 717.79o-6oi9 Email: jbclegal@gmail.com September 3, 2009 Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 VIA CERTIFIED MAIL 7009 0080 0002 2470 0850 Dear Jeffrey: Enclosed is Plaintiffs Motion for Sanctions and/or to Compel Discovery which I intend to file with the court ten (10) days after your receipt of this letter. If complete responses to Plaintiff's First Request for Production of Documents have been received by me with your signed verification prior to that time, the Motion will not be filed. Sincerely yours, ENCLOSURE Jeanne ostopoulos, Esquire cc: Christine Fortney JEANNE'B.COSTOPOULOS ATTORNEY AND COUNSELOR AT LAW The Executive Offices at Rossmoyne, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 Telephone: 717.221-0900 Facsimile: 717.790-6019 Email: jbclegal@gmail.com June 18, 2009 Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 VIA CERTIFIED MAIL NO. 7005 1820 0007 1262 8254 Dear Jeffrey: a+ Enclosed is a proposed Marital Settlement Agreement. Please review it very carefully. If acceptable, please initial each page and sign it in the presence of a notary public then return it to me. If unacceptable, please contact me in writing regarding your concerns. Also enclosed is an original and one copy of Plaintiffs First Request for Production of Documents to Defendant. You have thirty (30) days from receipt of this letter to provide the requested documents in the form set forth in the PA Rules of Civil Procedure. In the event you sign and return the enclosed settlement agreement prior to expiration of the deadline, you will be released from the requirement to provide the requested documentation. However, if you either do not respond or if you reject the Agreement as drafted, you will be held to the thirty day deadline. Of course, if you retain an attorney please have him or her contact me. Sincerely yours, J e B. Costopoulos, Esquire ENCLOSURE cc: Christine Fortney ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. 8 ¦ Attach this card to the back of the mailpiece, /? or on the front if space permits. V Article Addressed to: Jeffftj Ted CIO k 40110 j, Pk ? Agent y ? Addro by ^njed Name) C/ Date of Dell D. Is delivery addre litillferent tram item 1? ? Yes If YES, enter delivery address below: ? No 3. Seryjeb Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Afticle Number (rrwsfer from rom service label) 7005 1820 0007 1262 8254 (Tr PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 EXHIBIT C ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ?efia r&r*^ A7 t 701 017 kfo-A S ", f- Cu%V 0f d(( J% t -7 e 1? A. Signat x O Agent _ D Addressee by-(Pjirrted Name) C. We 4L4e)i1M D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Type gPol5ertlfled Mail O Express Mail ? Registered Return Receipt for Merchandise 0 Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7009 0080 0002 2470 0850 (transfer from service la PS Form 3811, February 2oD4 Domestlc Return Rsceipt 1025e5-02-W1540 LISPS - Track & Confirm Page 1 of 1 C/NITED STATES POSTAL SERVICE E Home I Hele I Sign In Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7009 0080 0002 2470 0850 Service(s): Certified Mail`" Status: Delivered Your item was delivered at 11:02 AM on September 4, 2009 in CAMP HILL, PA 17011. Enter Label/Receipt Number. Go., Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go, Site Mao Customer Service Forms Gov't Services Careers Privacy Policy Ter f U ms o se Business Customer Gateway Copyright.? 2009 LISPS. All Rights Reserved. No FEAR Act E EG Da':a FOIA 19 .4" http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 9/13/2009 2009 Sri {I H-1, 12:4` C , TY . s CHRISTINE ANN FORTNEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2008-5598 CIVIL TERM JEFFREY TODD FORTNEY, CIVIL ACTION - AT LAW Defendant DIVORCE RULE RETURNABLE RE: PLAINTIFF'S MOTION FOR SANCTIONS AND/OR TO COMPEL DISCOVERY AND NOW this Z/ day of Ss?r?•,••la- , 2009, upon consideration of Plaintiff s Motion f to Compel Discovery, a Rule is hereby K1f issued upon the Defendant to show cause why the relief requested in Plaintiffs Motion should not be granted. Rule returnable ZG days from service. BY THE COURT: 7c--? J. Distribution: A orney for Plaintiff: Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 CO ! CS ,-n? L V Defendant, pro se: , 17001 Dighton Street, Camp Hill, PA 17011 ,/Jeffrey Todd FortneyLL FILED---=Dl:=R E or- '17 AF Y 2099 SFF 22 AH 8: 20' JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, Plaintiff vs. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5598 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes Plaintiff, Christine Ann Fortney, by and through her attorney, Jeanne B. Costopoulos, Esquire, and in support of this Motion to Make Rule Absolute, respectfully represents as follows: 1. On September 17, 2009, Plaintiff's Motion for Sanctions and/or to Compel Discovery was filed. 2. On September 21, 2009, the Hon. Kevin A. Hess entered a Rule directing Defendant to show cause why the relief requested in Plaintiff's Motion should not be granted. 3. Service of said Motion and Rule were made on Defendant's address of record via certified mail, return receipt requested, on October 8, 2009. An affidavit of Service attesting to same has been filed simultaneously with this Motion. 4. To date, Defendant has not responded to the Rule and more than 20 days have elapsed since service of the Rule upon Defendant. 5. Defendant is acting pro se and undersigned counsel did not attempt to contact him regarding his position. However, it is believed Defendant does not concur with the relief requested herein. A copy of this Motion was mailed to Defendant on October 30, 2009. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an order making its Rule Absolute and: A. Requiring Defendant to produce the documents requested in the Plaintiff's First Request for Production of Documents to Defendant for purposes of inspection and/or copying. B. Pursuant to Pa.R.C.P. 4019(c)(4), imposing punishment for contempt for failure to produce the documents requested. C. Pursuant to Pa.R.C.P.4109(c)(5), for such other relief as this Honorable Court may deem just. D. Pursuant to Pa.R.C.P.4019(g)(1), awarding Plaintiff attorney's fees and costs in the event Defendant fails to comply with any order entered pursuant to this Motion requiring compliance with the discovery requests. Respectfully Submitted: By: ' JEAN + B. COSTOPOULOS, + IIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Dated: ATTORNEY VERIFICATION Undersigned counsel, Jeann6 B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Christine Ann Fortney, Plaintiff. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing Motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing petition are true and correct to the best of her knowledge, information, and belief 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JE TOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / Telephone No. (717) 221-0900 Date: i/3 0 ` ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, certified receipt no. 7009 0080 0002 2470 0850, prepaid, and addressed as follows: Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 By. ?-r--? OULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Dated: ( /? #? 4/ OF THE^, `r" rR?Y 20090t„ 30 FiI ?• 07 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, THE COURT OF COMMON PLEAS OF Plaintiff VS. JEFFREY TODD FORTNEY, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA No 2008-5598 CIVIL ACTION - AT LAW : DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that Plaintiff's Motion for Sanctions and/or to Compel Discovery filed on September 17, 2009, and the Rule issued by Judge Kevin A. Hess on September 21, 2009, were served upon the Defendant on October 8, 2009, by first class, Certified Mail No. 7005 0390 0002 6255 6998, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted: By: NE B. COSTO , ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 / Attorney for Plaintiff Dated: X013 A ?? Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ;#t,? P-oV 4 l(41 L'am'" aky i4wf PA A. Received by (Please Print Clearly) B. Date of ivory C. Signature X -?? ? Agent ? Addressee D. Is delivery address different from item p ? Yes If YES, enter delivery address belo 0 No 3. Service Type Ag-Certified Mail 0 Express Mail ? Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 0390 0002 6255 6998 (transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 P,I P i'- (?,:" 1CL OF THE P -1017-,`'fr,IOTARY 2009 OCT 30 F i ? *. 0 6 CHRISTINE ANN FORTNEY, Plaintiff VS. JEFFREY TODD FORTNEY, Defendant NOV 0 2 2009 (1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2008-5598 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE ORDER AND NOW, this '(14 day of , 2009, in consideration of Plaintiff's Motion for Sanctions and/or to Compel Discovery and Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that a sanctions hgfi*g is scheduled on the day of llama , 2009 at ia?; 90 f a.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. , (" 4 k? /" BY THE COURT: Hess, Judge Distribution: Attorney for Plaintiff. Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 I Defendant, pro se: Jeffrey Todd Fortney, 1701 Dighton Street, Camp Hill, PA 17011 FILED-OFFICE OF THE PRC!7?-ONOTARY 2009 NOV -4 P 2: 01 IN ' CHRISTINE ANN FORTNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 2008-5598 CIVIL TERM JEFFREY TODD FORTNEY, Defendant IN DIVORCE IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 19th day of November, 2009, this matter having been called for argument, and the defendant having failed to appear, the motion of the plaintiff to compel discovery is granted, and the defendant is ordered and directed to produce the documents requested in the plaintiff's first request for production of documents within twenty days of service hereof. In the event that said discovery is not forthcoming, the plaintiff is granted leave to file a motion seeking a contempt citation, which may result in the award of attorney's fees as well as punishment for contempt, which may include arrest and incarceration. /5eanne B. Costopoulos, Esquire For Plaintiff ZJeffrey Todd Fortney 1701 Dighton Street 1 Camp Hill, PA 17011 V Pro se Defendant bg By the Court, 1<, All Kevin Hess, J. FILE:}-:)FFICE Or THE ppIT}??NOTARY 2009 NOV 20 Pro 2: 3 5 CUr? ? ,. ?s JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, THE COURT OF COMMON PLEAS OF Plaintiff VS. JEFFREY TODD FORTNEY, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : No 2008-5598 CIVIL ACTION - AT LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that on December 2, 2009 at approximately 9:55 a.m., I hand-delivered the Order of Court signed by the Hon. Kevin A. Hess on November 19, 2009 regarding Plaintiff's Motion for Sanctions to Defendant's home located at 1701 Dighton Street, Camp Hill, Pennsylvania, 17011, pursuant to the requirements of the Pennsylvania Rules of Civil Procedure. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted: By. JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Dated: r l t iF..ED-C,I 1 E 2009 DEC 22 PH 12: 12 ?_Jik ```f WA, JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, Plaintiff Vs. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 2008-5598 CIVIL ACTION - AT LAW DIVORCE MOTION FOR CONTEMPT & SANCTIONS AND NOW, comes the Plaintiff, Christine Ann Fortney, by and through her attorney Jeanne B. Costopoulos, Esquire, and states the following: 1. On November 17, 2009, the Honorable Judge Kevin A. Hess issued an Order granting Plaintiff s Motion to Compel Discovery and directed Defendant to produce documents requested in Plaintiff's First Request for Production of Documents within twenty (20) days of service of the Order. See Order of Court attached hereto and marked Exhibit "A» 2. Counsel for Plaintiff served the November 17, 2009, Order on December 2, 2009. See Affidavit of Service attached hereto and marked Exhibit "B". 3. Twenty (20) days have elapsed and Plaintiff s counsel has not received the requested discovery from Defendant. 4. Plaintiff has incurred legal fees and costs as a result of Defendant's willful violations of the Order of Court. Plaintiff requests the court to award attorneys fees and costs for the preparation and litigation of the Motion for Sanctions and/or to Compel Discovery. WHEREFORE, Plaintiff requests your Honorable Court to find Defendant in contempt, award attorney's fees to Plaintiff, and to incarcerate Defendant for a period of time in which the Court deems appropriate. Respectfully Submitted: ------------ By: JE NNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Christine Ann Fortney, Plaintiff. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing petition have been provided to her by Plaintiff. 4. The facts set forth in the foregoing petition are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By. JE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 By: K B. COSTOPOUL ; ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Dated: ?II$IT A EX CHRISTINE ANN FORTNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 2008-5598 CIVIL TERM JEFFREY TODD FORTNEY, Defendant IN DIVORCE IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 19th day of November, 2009, this matter having been called for argument, and the defendant having failed to appear, the motion of the plaintiff to compel discovery is granted, and the defendant is ordered and directed to produce the documents requested in the plaintiff's first request for production of documents within twenty days of service hereof. In the event that said discovery is not forthcoming, the plaintiff is granted leave to file a motion seeking a contempt citation, which may result in the award of attorney's fees as well as punishment for contempt, which may include arrest and incarceration. .,reanne B. Costopoulos, Esquire For Plaintiff Jeffrey Todd Fortney 1701 Dighton Street 1 Camp Hill, PA 17011 Pro se Defendant bg By the Court, 1,L Kevin . Hess, J. RLED-OFFICE OF THE PROTHONOTARY 2009 NOV 20 PH 2: 36 FEi`,=II',':I ANA IA It I.6 B E JEANA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JEFFREY TODD FORTNEY, Defendant : No 2008-5598 : CIVIL ACTION - AT LAW : DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that on December 2, 2009 at approximately 9:55 a.m., I hand-delivered the Order of Court signed by the Hon. Kevin A. Hess on November 19, 2009 regarding Plaintiff's Motion for Sanctions to Defendant's home located at 1701 Dighton Street, Camp Hill, Pennsylvania, 17011, pursuant to the requirements of the Pennsylvania Rules of Civil Procedure. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully Submitted: Y JEANNI1 B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 /2?aZ Attorney for Plaintiff Dated: RLE€}- FFICE rDc THE. P?M41NOTARY 1009 DEC 22 PM 12: 12 CU;•!c . JINTY PE tg1 i Ji,`.,1''L1t'raNI IVY L U4J LT I..V ?? Y:: f (?,1? f.. DEC 312009 CHRISTINE ANN FORTNEY, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No 2008-5598 c? JEFFREY TODD FORTNEY, CIVIL ACTION - AT LAW C= Defendant DIVORCE Z cn ORDER z AND NOW, this 5`2?4 day of 4 4n dA,&? , 2010, in considerate ofi 1/ 61 Plaintiff's Motion for Contempt and Sanctions, it is hereby ORDERED and DECREED that a contempt and sanctions hearing is scheduled on the a -It day of , 2010 at o2.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: BY THE COURT: / - 4'?4 Kevin . ess, Judge rney for Plaintiff: eanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 D ndant, pro se: effrey Todd Fortney, 1701 Dighton Street, Camp Hill, PA 17011 -E.s rnla1 L?rL CHRISTINE ANN FORTNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-5598 CIVIL JEFFREY TODD FORTNEY, Defendant ORDER AND NOW, this /Z« day of March, 2010, hearing in the above-captioned matter set for February 25, 2010, is continued to Thursday, March 25, 2010, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Jeanne Costopoulos, Esquire For the Plaintiff / Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 :rim Co . ?.o t 'es, rr?.,a t l cc? BY THE COURT, AA_ Kevin A: ess, P. J. ? N CJ Uri C_j K. Cri 7:) CHRISTINE ANN FORTNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-5598 CIVIL JEFFREY TODD FORTNEY, Defendant ORDER AND NOW, this 2S" day of March, 2010, hearing in the above-captioned matter set for March 25, 2010, is continued to Thursday, May 6, 2010, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ?JeeCostopoulos, Esquire For the Plaintiff Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 Am C&to Ces rl-ta t La 3?as?c v BY THE COURT, Kevin ess, P. J. 70 CHRISTINE ANN FORTNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2008-5598 CIVIL TERM JEFFREY TODD FORTNEY, Defendant IN DIVORCE IN RE: MOTION FOR CONTEMPT/SANCTIONS ORDER OF COURT AND NOW, this 6th day of May, 2010, after hearing, adjudication of contempt is deferred for a period of twenty days to give the defendant the opportunity to assemble the sought-after materials and to respond to the motion for production of documents paragraph by paragraph, setting forth whether the material requested in the paragraph is available, attached, or unavailable, and setting forth further circumstances concerning the availability of the documents. This order is without prejudice to the plaintiff to pursue the claim for counsel fees before the master in this case based on dilatory conduct on the part of the defendant. By the Court, Jeanne B. Costopoulos, Esquire For laintiff Mr. Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 Pro se Defendant :bg cop 1-eg- s?'Y? rv Kevi Hess, J. c7 N C._ q cZ) 771- t c? Cn z _. r ; Q y 2uif 0 1 l i : j 1 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. JEFFREY TODD FORTNEY, Defendant : No 2008-5598 CIVIL ACTION - AT LAW DIVORCE PETITION FOR APPOINTMENT OF DIVORCE MASTER AND NOW comes the Plaintiff, Christine Ann Fortney, by and through her attorney, Jeann6 B. Costopoulos, Esquire, and moves this Honorable Court to appoint a master with the respect to the following claims: Equitable distribution, Attorney's Fees and Costs, Alimony. In support of this petition, Plaintiff avers as follows: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action pro se. 3. The statutory grounds for the divorce are Sections 3301(c) of the Divorce Code. 4. The action is contested with respect to the following claims: (a) Equitable distribution; (b) Attorney's Fees and Costs; (c) Alimony. 5. This action does not involve complex issues of law or fact; and 6. The hearing is expected to take 1 day. Respectfully Submitted: Dated: l 2?? a By: JEAN B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ATTORNEY VERIFICATION Dated: Undersigned counsel, Jeannd B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Christine Ann Fortney, Plaintiff. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing document are known to her and not necessarily to Plaintiff. 4. The facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ' Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Jeffrey Todd Fortney 1701 Dighton Street Camp Hill, PA 17011 By: NE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Dated: UGC 1?fft 0 K JUN 18 2010 ..„MURY 2010 JM 21 PM 3: ?Z amffaAz GAY i'''?I.?t??h01t .: CHRISTINE ANN FORTNEY, THE dOURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No 2008-5598 JEFFREY TODD FORTNEY, CIVIL ACTION - AT LAW Defendant DIVORCE ORDER APPOINTING DIVORCE MASTER AND NOW, this day of 2010, upon consideration of Plai?ntiiff's Petition for Appointment of Divorce Master, it is hereby Ordered and Directed that C r?-° AtA,'t .T? _,Esquire, is appointed master with respect to the following claims: ____Eguitable Distribution, Attorney's Fees and Costs, Alimony. BY THE COURT: J. Distribution: ? ? e B. Costopoulos, Esq., 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 ? Jeffrey Todd Fortney, 1701 Dighton Street, Camp Hill, PA 17011 (2oFI-Es rnatLL `A1//d y 0 ELPOiO'N~NOT OF TN ARY 2011 NOY -9 PM 2: Og CHRISTINE ANN FOMB~~VA~ ~ TY : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No 2008-5598 JEFFREY TODD FORTNEY, : CIVIL ACTION - AT LAW Defendant : DIVORCE NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on October 10, 2008, and have continued to live separate i and apart for a period of at least two years. ! 2. The marriage is irretrievably broken. 3. 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. 4. I hereby verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. , Date: Signature: L. Christine Ann Fortney, Plamtiff CHRISTINE ANN FORTNEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No 2008-5598 JEFFREY TODD FORTNEY, CIVIL ACTION - AT LAW Defendant DIVORCE ORDER OF COURT AND NOW this I day of 445891 , 201t, upon consideration of the within Stipulation for Bifurcation, it is hereby ORD D that those economic claims raised in the pleadings by either party, which have not been withdrawn, are hereby preserved. The Court shall permit the parties to be divorced upon filing of the appropriate documentation necessary pa ct , 3 r' Decree in Divorce under Section 3301(c) or 3301(d) of the Divorce Code. BY THE COURT: Distribution: t/Jeannd B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 t,"' Jeffrey Todd Fortney, 1701 Dighton Street, Camp Hill, PA 17011 6P es rka. /rd ?V/ A;' 41-6 t 2 -3 F c" ` e -VBERLA CHRISTINE ANN FORTNEY, Plaintiff vs. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5598 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by process served. See Affidavit of Service filed November 25, 2008. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff. 1/23/2012; by the Defendant: 1/23/2012. 4. Related claims pending: All economic claims preserved by Order dated February 1, 2012 permitting bifurcation of divorce from economic claims. 5. Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: 1/3 0/2012. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: 1/30/2012. By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 3 ATTORNEY FOR PLAINTIFF Date: CHRISTINE ANN FORTNEY V. JEFFREY TODD FORTNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5598 DIVORCE DECREE AND NOW, `dxl-v ?, 2-0 r-t_ , it is ordered and decreed that CHRISTINE ANN FORTNEY plaintiff, and JEFFREY TODD FORTNEY bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Equitable distribution, Attorney's Fees and Costs, and Alimony as raised in Plaintiffs Complaint in Divorce Under Section 3301(c) of the Divorce Code filed on September 22, 2008. By the Court, ,? • cola Meg/ 4V /01? eO.S ?Povzc?s a { 2 OCT 16 PM t,: ? ;IIti 4.? PE?4NSYLVt,ldiA JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff CHRISTINE ANN FORTNEY, Plaintiff VS. JEFFREY TODD FORTNEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 2008-5598 CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY: Kindly withdraw the following counts of the Complaint in Divorce filed on September 22, 2008: II. Equitable Distribution III. Alimony Pendente Lite, Attorney's Fees and Costs III. Alimony By: -% JEANNE B. COSTOPOULOS, ESQUI Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff ! 0 c <1