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HomeMy WebLinkAbout05-3073CYNTHIA G. HUTCHISON, Plaintiff V. NO. 2005 - ?D'13 CIVIL TERM JAMES W. HUTCHISON, JR., Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER a BRENNEMAN SNELBAKER & BRENNEMAN, P.C. By: Attorneys for Plaintiff CYNTHIA G. HUTCHISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - ?O'; 3 CIVIL TERM JAMES W. HUTCHISON, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT 1. Plaintiff Cynthia G. Hutchison is an adult individual residing at 414 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant James W. Hutchison, Jr. is an adult individual residing at 5 South High Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 19, 1987 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. COUNT I-DIVORCE 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The parties hereto separated April 26, 2005. 9. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Cynthia G. Hutchison requests this Court to issue Decree divorcing Plaintiff and Defendant from the bonds of matrimony pursuant to Section 3301(c) or Section 3301(d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10, inclusive, of this Complaint are incorporated by reference herein. 11 The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from September 19, 1987. 13. The Plaintiff and Defendant have not agreed as to any equitable distribution of the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. marital property and debts. -2- WHEREFORE, Plaintiff Cynthia G. Hutchison requests this Court to order equitable distribution of marital property and debts. COUNT III - ALIMONY 14, The Plaintiff requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 15. The Plaintiff requests this Court to allow alimony and alimony pendente lite as it deems reasonable pursuant to Sections 3701 and 3702 of the Pennsylvania Divorce Code. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 16. The Plaintiff has employed Snelbaker & Brenneman, P. C. as counsel and, because of the anticipated litigation expenses and her limited income, is unable to pay for the expenses of counsel and litigation. 17. The Plaintiff requests the Court to allow her reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, the Plaintiff Cynthia G. Hutchison prays your Honorable Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and the Defendant; (b) order equitable distribution of marital property; (c) order Defendant to pay alimony and alimony pendente lite to Plaintiff in such amounts as the Court deems reasonable; LAW OFFICES II _ SNELBAKER & BRENNEMAN, P.C. (d) order payment of counsel fees, costs and expenses as the Court deems just and reasonable; and (e) order such other relief as the Court deems just and reasonable. SNELBAKER & BRENNEMAN, P.C, LAW OFFICES SNELeAKER & BRENNEMAN. P.C. By: 01 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: June 14, 2005 Attorneys for Plaintiff Cynthia G. Hutchison -4- VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unworn falsification to authorities. am () Cynt is G. Hutchison June 14, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. G. HUTCHISON, Plaintiff V. W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT CYNTHIA G. HUTCHISON being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 60A«' f) Cynthia G. Hutchison (Plaintiff) June 14, 2005 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. Q n? r' VV, c , OO ? ? ? < n1r _ Ul 7 o `is CYNTHIA G. HUTCHISON, Plaintiff V. E, J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 3673 CIVIL TERM JAMES W. HUTCHISON, JR., Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in the above-captioned and certify that I am authorized to do so. vt t Timothy J. Cdlgau,EFsgVre The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 Attorneys for Defendant James W. Hutchison, Jr. LAW OFFICES SNELBAKER & RENNEMAN, P.C. N [) n ya Cr` j CYNTHIA G. HUTCHISON, Plaintiff V. W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 3073 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF Plaintiff Cynthia G. Hutchison, Petitioner herein, by her attorneys, Snelbaker & P. C., submits this Petition For Special Relief as follows: 1. Petitioner Cynthia G. Hutchison is an adult individual residing at 414 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent James W. Hutchison, Jr. is an adult individual residing at 5 South High Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties were married September 19, 1987. 4. The parties are the natural parents of two minor children who reside with Petitioner at address stated in Paragraph 1, above. 5. The parties own the real estate located at 414 South York Street, Mechanicsburg, which real estate is improved with a residence and a detached accessory structure utilized by as an office for his construction business. 6. On April 26, 2005 Respondent left the residence at 414 S. York Street, Mechanicsburg has been residing at 5 South High Street, Mechanicsburg, Pennsylvania. 7. Since the time that Respondent has left 414 S. York Street, Mechanicsburg on April LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 26, 2005, Respondent continues to enter the residence without Petitioner's knowledge or consent both when Petitioner is in the residence and absent from the residence. 8. On several occasions since April 26, 2005 Respondent has verbally harassed and Petitioner in and about the residence at 414 S. York Street, Mechanicsburg. 9. Since April 26, 2005 Respondent has indicated to Petitioner that he would not enter residence at 414 S. York Street, but contrary to such representations has continued to do so Petitioner's knowledge and consent and while Petitioner has been both away or at the 10. Respondent since April 26, 2005 has physically grabbed and shaken Petitioner in and Petitioner's residence at 414 S. York Street, Mechanicsburg. 11. The latest incident where Respondent entered the residence at 414 S. York Street t Petitioner's knowledge or consent took place on February 5, 2006, which incident tcd Petitioner to call police to her residence. 12. Given Respondent's history of physical contact with Petitioner and respondent's harassment and badgering of Petitioner when she is in and about the residence, the feels unsafe in her own home and is wary about Respondent being able to enter the at 414 S. York Street, Mechanicsburg at any time without her consent or knowledge. 13. For the reasons set forth above, Respondent's entry into the residence without knowledge or consent, his verbal harassment and badgering and physical contact Petitioner is intolerable to Petitioner. 14. Respondent has been residing at 5 S. High Street, Mechanicsburg since April 26, and is able to continue to reside there pending resolution of the parties' divorce proceeding. 15. There is no legitimate reason or purpose for Respondent to enter into the residence at LAW OFFJCES ?14 S. York Street, Mechanicsburg. SNELBAKER & BRENNEMAN, P.C. -2- 16. Petitioner has no objection to Respondent continuing to utilize the detached structure as an office located on the property at 414 S. York Street, Mechanicsburg; for the reasons set forth above, Petitioner requests exclusive possession of the at 414 S. York Street, Mechanicsburg. WHEREFORE, Petitioner Cynthia G. Hutchison requests this Court to issue an Order her exclusive possession of the residence at 414 S. York Street, Mechanicsburg, order and that Respondent James W. Hutchison, Jr. not enter into the residence at 414 S. York Street, and order and direct such other relief that the Court deems just and appropriate the circumstances. Respectfully submitted, SNELBAKER & BRENNEMAN, P. C. BY: Ill 8t c? Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Cynthia G. Hutchison February 16, 2006 LAW OFFICES SNELBAKER & -3- BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. Cynthia G. Hutchison LAW OFFICES SNELRAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Petition to be served upon the person and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street R O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Cynthia G. Hutchison February 17 , 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r-? ' i -t? -1 ` ' 7 -.1 _. Y..? .. 1 tJ ?. :.:i CYNTHIA G. HUTCHISON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES W. HUTCHISON, JR., DEFENDANT 05-3073 CIVIL -DIVORCE ORDER OF COURT AND NOW, this 23`d day of February, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendant to show cause why the plaintiff should not be granted exclusive possession of the residence at 414 South York Street, Mechanicsburg, Pennsylvania; (2) The defendant shall file an answer to the petition within 20 days of service; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) An evidentiary hearing on disputed issues of material fact shall be held on the 30th day of March, 2006, at 10:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse. By the Court, M. L. Ebert, Jr., J. Keith Brenneman, Esquire Attorney for Plaintiff Timothy J. Cogan, Esquire Attorney for Defendant l "5 bas Jj 17 i CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant To: CYNTHIA G. HUTCHISON: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: March 15, 2006 Respectfully submitted, TimothyA.`VQ1gav( Esq. WILEY, LENOX, COLGAN & MARZZACCO, P.C. Counsel for Respondent 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the Defendant, James W. Hutchison, Jr., by and through his attorney, Timothy J. Colgan, Esquire, and submits the following Answer to Plaintiffs Petition for Special Relief: Admitted. 2. Admitted in part. Denied in part. The property at 5 South High Street is Mr. Hutchison's father's home. The property is an income property for his father who is retired and relies upon the income from the property to support himself. Mr. Hutchison's father allowed Mr. Hutchison to temporarily use the property. However, since the second week of February 2006, Mr. Hutchison has resided in the outbuilding at the rear of the marital residence. 3. Admitted. 4. Admitted in part. Denied in part. The children continue to reside at the marital residence with both parties. 5. Admitted. 6. Admitted in part. Denied in part. At Mrs. Hutchison's request and at the suggestion of their marriage counselor, Mr. Hutchison did leave the marital residence for a period of time to give her "space" and to further an attempt to save their marriage. As stated in paragraph 2 above, he stayed in his father's home at 5 South High Street in Mechanicsburg. He continued to work from the additional building on the property and continued to have access to the marital residence for the benefit of the parties' minor children. Denied. Not only has Mr. Hutchison entered the building with Mrs. Hutchison's knowledge, but also, he has entered at her request. Specifically, in November 2005 she telephoned Mr. Hutchison and requested that he return permanently to the marital residence. Admitted in part. Denied in part. The parties are in the midst of a divorce proceeding. The parties have two minor, teenage children. Their relationship has experienced a natural amount of stress and tension. As in any marriage or relationship under similar circumstances, the parties have argued. At no time has Mr. Hutchison verbally harassed nor badgered Mrs. Hutchison in the residence or at any other location. 9. Admitted in part. Denied in part. Mr. Hutchison told Mrs. Hutchison that he would not enter the premises when she was home unless he knocked before entering. Mr. Hutchison has always been the parent available for the children at the end of their school day given the flexible nature of his business and the location of his office. Mrs. Hutchison works a structured work day and is unable to be home for the children when they get home from school. Additionally, Mr. Hutchison has traditionally prepared dinner for the family and has continued to do so when able for the children since the onset of the parties' marital difficulties. 10. Admitted in part. Denied in part. During one argument, Mr. Hutchison grabbed the lapels on her clothing. It is denied that he shook the Petitioner. By way of further response, Mrs. Hutchison has called the police on two occasions in an effort to evict Mr. Hutchison and obtain exclusive possession of the marital residence. On each occasion, the police took no action as there was no basis for any action. Neither party was cited. Mrs. Hutchison did not file a Protection from Abuse Petition. 11. Admitted in part. Denied in part. As previously stated, it is admitted that Mrs. Hutchison has called the police to the residence. On each occasion, Mrs. Hutchison was told by the responding officer that Mr. Hutchison had done nothing wrong and that there was no basis for any police involvement. 11. Denied. Strict proof thereof is demanded at trial. By way of further response, there is no history of "physical contact" or "verbal harassment and badgering" and those terms represent Mrs. Hutchison's allegations. Mr. Hutchison's access to the marital residence has been limited to preparing meals for the children, being present for the children at the conclusion of their school day and maintaining the marital residence. If Mrs. Hutchison felt unsafe in her home and were wary of Mr. Hutchison as she alleges, she could certainly have sought a Protection from Abuse Order which she did not do. 13. Denied. Strict proof thereof is demanded at trial. By way of further response, Mr. Hutchison has agreed that he will not enter at times when Mrs. Hutchison is home without first knocking. 14. Admitted in part. Denied in part. As previously stated, the home belong's to Mr. Hutchison's father. It is not his dad's primary residence but rather an income property. As his father is retired and dependent upon the income from this property he is no longer able to reserve it for Mr. Hutchison. Mr. Hutchison's father will be renting the property in the immediate near future if it has not already been rented. 15. Denied. Strict proof thereof is demanded at trial. There are very legitimate reasons for Mr. Hutchison to enter the marital residence. As previously stated, Mr. Hutchison is available to be present for the children at the conclusion of their school day. With the summer months approaching, Mr. Hutchison is available during the day to check on the children and provide more supervision than Mrs. Hutchison is able to provide. Mrs. Hutchison has already changed the locks to the property and has not provided copies of the keys to the children. On several occasions the children have returned home only to find that they are locked out of the house. Mrs. Hutchison is romantically involved with another man with whom she goes out multiple nights per week leaving the children home alone. It is appropriate for Mr. Hutchison to have access to the home to spend time with the children and supervise the children while Mrs. Hutchison is out in the evenings. Additionally, Mr. Hutchison has traditionally been the parent to prepare meats for the family. He wants to continue to serve that role for the best interests of the children. While Mrs. Hutchison has agreed that he can reside in the outbuilding at the rear of the property that houses his office, that building does not have a kitchen and is not suited for long term occupancy. 16. Admitted. It is admitted that Mrs. Hutchison would permit Mr. Hutchison to continue to reside in the outbuilding at the rear of the property but that she would like to deny him access to the main residence. That relief is unjustified and not necessary given the circumstances of the parties. NEW MATTER 17. Paragraphs 1 through 16 are incorporated herein as if set forth at length. 18. Mr. Hutchison is a self-employed contractor who builds single family homes. 19. Several years ago as the result of circumstances surrounding his business, the parties filed and completed a Voluntary Chapter 13 reorganization plan. 20. Since that time, Mr. Hutchison has worked diligently to reestablish his credit in order to successfully obtain financing for new building projects. 21. Since Mrs. Hutchison initiated the present divorce action, Mr. Hutchison has continued to pay all bills and expenses related to the marital residence. 22. If Mr. Hutchison is excluded from the marital residence, he will be forced to establish a new residence and incur all the costs and expenses attendant with establishing a second household. As stated in paragraph 2, Mr. Hutchison is no longer able to use his father's residence in Mechanicsburg. 23. Mr. Hutchison will no longer be able to wholly support the marital residence. 24. Mr. Hutchison's contribution will be limited to his obligations with respect to child support, and if the Court deems it appropriate, spousal support or Alimony Pendente Lite_ 25. Because he is aware of the respective incomes of the parties and the expenses associated with the marital residence, he believes and therefore avers that Mrs. Hutchison will be unable to sustain the marital residence. 26. If Mrs. Hutchison is unable to pay the costs associated with the marital residence, the marital residence will be at risk and the parties' credit will be damaged again. 27. Even if Mrs. Hutchison were able to maintain the residence during the pendency of the divorce. it is unrealistic for her to retain the residence after the completion of the divorce. 28. Mr. Hutchison is able to meet the obligations of the marital residence as demonstrated by his payments since the inception of the divorce. 29. If Mr. Hutchison were excluded from the residence only to be restored to possession of the residence as a result of Mrs. Hutchison's inability to financially support the property, the children would suffer from a lack of stability and unnecessary additional turmoil in their lives. 30. Section 3102 of the Pennsylvania Divorce Code state in relevant part: Legislative Findings and Intent: (a) Policy.--The family is the basic unit in society and the protection and preservation of the family is of paramount public concern. Therefore, it is the policy of the Commonwealth to: (2) Encourage and effect reconciliation and settlement of differences between spouses, especially where children are involved. (3) Give primary consideration to the welfare of the family rather than the vindication of private rights or the punishment of matrimonial wrongs. (4) Mitigate the harm to the spouses and their children caused by the legal dissolution of the marriage. 31. In the present case, the welfare of the family is best served by denying Mrs. Hutchison's request for exclusive possession. 32, The best way to mitigate the harm to Mr. Hutchison and the children in this case is to deny Mrs. Hutchison's request for exclusive possession and allow Mr. Hutchison to continue to have access to the marital residence for the benefit of the children and the family as a whole. WHEREFORE, Respondent requests that Petitioner's request for exclusive possession of the residence located at 414 South York Street, Mechanicsburg be denied. Respectfully submitted, L ' l/VC Date: March 15, 2006 Timothy K Cotgan-, Estl. WILEY, LENOX, COLGAN & MARZZACCO, P.C. Counsel for Respondent 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: March 15, 2006 ames W. Hutchison. Jr. CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I am this day serving a copy of the Answer and New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania depositing a copy of same in the United States mail, First-class, postage prepaid, as follows: Keith O. Brenneman, Esquire 44 West Main Street PO Box 318 Mechanicsburg, PA 17055 Date: March 15, 2006 Timothy J. Olga Esj. WILEY, LENOX, COLGAN & MARZZACCO, P.C. Counsel for Respondent 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 TI xf w m- cn ZJ o, Cam' A7 4`l -C CYNTHIA G. HUTCHISON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 3073 CIVIL TERM JAMES W. HUTCHISON, JR., Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 4 g day of March, 2006, based upon the stipulation and agreement of the parties, it is hereby ORDERED that Plaintiff Cynthia G, Hutchison is granted exclusive possession of the parties' marital residence at 414 South York Street, Mechanicsburg, Cumberland County, Pennsylvania with the exception of the basement area in that residence, which basement area shall be accessible to Defendant James W. Hutchison, Jr. only by means of the outside entrance to the basement for purposes limited to him utilizing the laundry facilities therein. The exclusive possession granted to Plaintiff Cynthia G. Hutchison by this Order shall not apply to the detached structure adjoining the marital residence or the real estate upon which the marital residence is located. BY THE COURT: M. L. Ebert, Jr., J. LAW OFFICES SNELBAKER & BRENNEMAN, PC. nhj\ i JIG CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 3073 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO RESPOND TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENT Plaintiff Cynthia G. Hutchison by her attorneys, Snelbaker & Brenneman, P. C., submits Motion to Compel and in support thereof states the following: 1. This Divorce Action was initiated by Complaint filed by Plaintiff Cynthia G. on June 15, 2005. 2. On February 14, 2006 Plaintiffs counsel served upon Defendant's counsel a copy of First Request For Production of Documents Directed to Defendant. A true and correct of the foregoing Request For Production of Documents Directed to Defendant is attached and incorporated by reference herein as "Exhibit A". 3. More than sixty (60) days has elapsed from the date of service of the Request For of Documents and Defendant has provided no written response to the Request nor document responsive thereto. 4. Although Defendant's counsel has acknowledged the need to respond to the Request Production of Documents, no response to the Request For Production of Documents has forthcoming. 5. Defendant's failure to respond to the Request For Production of Documents and or make available to the Plaintiff the documents described in the Request within thirty LAW OFFICES SNELBAKER & ays of the date of service of the Request is in violation of Pa.R.C.P. 4009.12. BRENNEMAN, P.C. WHEREFORE, Plaintiff requests this Court to issue an Order directing Defendant to file a written response to Plaintiffs First Request For Production of Documents or suffer sanctions further application to this Court. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Cynthia G. Hutchison April 20, 2006 LAW OFFICES $NELBAKER a BRENNEMAN -2- VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman Date: April 20, 2006 U W OFFICES SNELBAKER a BRENNEMAN CYNTHIA G. HUTCHISON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 3073 CIVIL TERM JAMES W. HUTCHISON, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT TO: James W. Hutchison, Jr., Defendant and Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 Pursuant to Pennsylvania Rule of Civil Procedure 4009.1, et seq., Plaintiff requests that Defendant produce and permit Plaintiff to inspect and copy each of the documents specified below. The documents should be made available for inspection and copying during regular business hours at the offices of Plaintiffs attorneys, Snelbaker & Brenneman, P. C., 44 W. Main Street, Mechanicsburg, Pennsylvania, or at such other place as may be mutually agreeable to the parties' attorneys, within thirty (30) days of the service of this Request. Defendant shall also serve a written response to this Request For Production of Documents within thirty (30) days of said service. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: February 14, 2006 Attorneys for Plaintiff Cynthia G. Hutchison EXH1B11 A INSTRUCTIONS 1. Produce all documents known or reasonably available to you. This means that you are required to produce all documents in the possession, custody, or control of your attorneys, accountants, investigators, representatives, agents, employees, servants, contractors, consultants, associates, or any others acting on your behalf or under your direction or control or their attorneys or agents. 2. If you claim that the attorney-client privilege or any other privilege or reason for withholding documents is applicable to any document requested, please state as to each document: (a) the subject matter of the document; (b) the name of the writer, sender, or initiator of the original and each copy of the document; (c) the names of the recipients, addressees, or persons to whom the original or any copy of the document was sent; (d) each person who has ever had possession, custody or control of the original or any copy of the document; (e) the date of the original and each copy of the document, if any, or an estimate of its date; (f) a statement of the basis of the claim of privilege; and (g) sufficient further information concerning the document and the circumstances surrounding the document to explain the claim of privilege and to allow a court to adjudicate the propriety of your claim of privilege. 3. If you assert privilege as to a portion of any category of documents or things -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. produce the remainder of that category as to which you do not assert a privilege. If assert privilege as to any portion of a document or thing requested, produce the portion as to which you do not assert a privilege. 4. This Request shall be deemed to be continuing. Between the time of your response and the time of trial, if you obtain, secure or gain control over any documents requested herein; then you shall promptly furnish Plaintiffs attorneys with same in accordance with the direction herein. DEFINITIONS The words "document" or "documents" as herein used include, but are not limited, to any LAW OFFICES written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original, non-identical copy, rough or final draft of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, telegrams, diaries, calendar or diary entries, schedules, maps, graphs, contracts, studies, analyses, instructions, photographs, tape-recordings, computer tapes, computer disks or diskettes, hard drives, telex or fax transmissions, correspondence, messages, CD-ROM, drawings, forms and work paper or any other thing in which any matter is memorialized. -3- SNELBAKER & BRENNEMAN, P.C. "You" or "your" as used herein means the party to whom this Request is directed, his agents, employees, officers, directors, attorneys, insurers and/or any person, firm or entity acting on behalf of or at the request of said party, "Defendant" as used herein means the party to whom this Request is directed, his agents, employees, officers, directors, attorneys, accountants and/or insurers and/or any person, firm or entity acting on behalf of or at the request of said party. "Plaintiff as used herein means Cynthia G. Hutchison, her agents, employers, attorneys, accountants, insurers and/or any person, firm or entity acting on her behalf or at her direction. DOCUMENTS TO BE PRODUCED 1. A photostatic copy or like reproduction of all statements made by any party or any witness concerning this lawsuit or its subject matter pursuant to Pennsylvania Rule of Civil Procedure 4003.4. 2. Any and all documents, reports, notes, memoranda, summaries and/or records of any kind relating to any and all interviews of any and all parties and witnesses or individuals made by Defendant in this action, any adjuster, insurer, or any other agent, employee or representative of the party to whom this request is directed, other than her attorneys. 3. Any and all expert reports prepared by any expert engaged by the party LAW OFFICES SNELBAKEP. & BRENNEMAN, P.C. to whom this request is directed, who will be called to testify at the trial of this case. This request is inclusive of any and all reports prepared by said experts during the course of the engagement by the Defendant dealing with any factual issue involving the case and any and all facts and data which have been reviewed by said expert and any and all opinions which he/she has rendered. -4- 4. Arry and all documents which Defendant intends to identify, introduce, use or offer as an exhibit or evidence at the time of trial or hearing in this case. 5. Any and all federal and state income tax returns filed by you, together with all accompanying worksheets, schedules, W-2 forms, attachments and amendments for the calendar years 2002 through 2005, inclusive. 6. Any and all federal and state income tax returns, including schedules, worksheets and attachments thereto, including any amended returns, for any corporations, joint ventures, partnerships, or any other corporate or business association or entities of any form or nature in which you hold or have any interest, including, but not limited to, Hutch Homes, Inc. from January 1, 2002 to present. 7. Any and all profit and loss statements, financial statements, income sheets and/or balance sheets, whether or not audited, for any corporations, joint ventures, partnerships, or any other corporate or business association or entities of any form or nature in which you hold or have any interest from January 1, 2002 to present. 8. Any and all documents indicating any and all income received by you from any and all sources from January 1, 2002 to present. 9. Any and all documents that refer or relate to, or in any way concern your wages, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. benefits, salaries, bonuses, draws, stock options, commissions, earnings, raises, and payroll deductions or other deductions of any kind which have been, are being or may be paid, available, accepted, rejected, credited, offered and/or withheld for any purpose by any individual, agency, corporation or entity for the period January 1, 2002 to present. -5- 10. Any and all contracts, partnership agreements and/or documents that refer or relate to, or in any way concern the construction of any improvements on real property. 11. Any and all deeds to any real estate which you own or in which you have any interest, whether alone or jointly with another or others, whether individually or by way of an interest in any corporation, partnership or other entity. 12. Any and all documents that refer or relate to, or in any way concern any pension fund, retirement plan, retirement fund, stock plan or deferred compensation plan applicable to you and or in which you have participated since the date of your marriage to Plaintiff to present. 13. Any and all documents, loan agreements and statements that refer or relate to, or in any way concern any secured or unsecured loans made to you or for which you are individually liable, from any source, from January 1, 2002 to present. 14. Any and all documents that refer or relate to, or in any way concern payments by you to any subcontractors, material suppliers and/or independent contractors from January 2002 to present. 15. Any and all documents that refer or relate to, or in any way concern any real estate in which you have acquired any interest from January 1, 2002 to present, including any leases or mortgages related thereto together with any and all documents that evidence all contributions in cash or otherwise made by you for the acquisition of any such interest in said real estate. 16. Any and all brokerage, investment, stock, bond and/or mutual fund statements noting accounts or investments of any kind or nature owned by you or in which you have any interest II alone or jointly with any person firm or entity, or in which you are designated trustee, guardian LAW OFFICES SNELeAKER II or custodiano for the period January 1> 2002 to present. BRENNEMAN, P. .C. -6- 17. Any and all documents that refer or relate to, or in any way concern tools, equipment, vehicles, inventory, materials and property owned or leased by Hutch Homes, Inc. SNELBAKER, BRENNEMAN & SPARE, P. C. By: Keith 0. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Cynthia G. Hutchison Date: February 14, 2006 LAW OFFICES SNELBAKER & _7_ BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Request For Production of Documents to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 SNELBAKER & BRE_NNEMAN, P.C. By: Keith O. Bremieman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Cynthia G. Hutchison Date: February 14, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Cynthia G. Hutchison Date: April 20, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -,, 5 ' .Y. CYNTHIA G. HUTCHISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 3073 CIVIL TERM )? JAMES W. HUTCHISON, JR., 0 Defendant : CIVIL ACTION -LAW APR 2 0 2006 IN DIVORCE ORDER AND NOW, this day of K ? o A , 2006, upon consideration of !Plaintiffs Motion to Compel Defendant to Respond to Plaintiffs First Request For Production of 'Documents, it is hereby ORDERED that Defendant shall serve a written response to Plaintiffs First Request For Production of Documents within 10 days of service of this Order upon Defendant's counsel. BY THE COURT: LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ,*- ?ae ? 1 A ?.'.. ? ?? ? is"..t ? (,, [7 drys 'IUUtt, CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER James W. Hutchison, Jr., 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(s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action through her attorney, Keith Brenneman, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. 44 33010 (4) Delete the inapplicable paragraph(s): (a) The aefien is not eentested. (b) An agreement has been reached with respect to the following claims: Divorce. (c) The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, Distribution of Property Counsel Fees Costs and Expenses. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: Timothy WILEY & MARZZACCO, P.C. Attorney for Defendant ORDER APPOINTING MASTER AND NOW, this day of 2006, Esquire is appointed master with respect to the following claims: By the Court: J. CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : NO. 2005-3073 CIVIL TERM CIVIL ACTION --LAW IN DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I am this day serving a copy of the Motion for Appointment of Master upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Keith O. Brenneman, Esquire 44 West Main Street PO Box 318 Mechanicsburg, PA 17055 Date: 'k!t Timothy J. uire I.D. #77944 WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 71 . rl JUN l 4 ?006 L - - -. -- - - CYNTHIA G. HUTCHISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 2005-3073 CIVIL TERM JAMES W. HUTCHISON, JR., CIVIL ACTION --LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER James W. Hutchison, Jr., 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(s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action through her attorney, Keith Brenneman, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. %. 3301(c). (4) Delete the inapplicable paragraph(s): (a) (b) An agreement has been reached with respect to the following claims: Divorce. (c) The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, Distribution of Property, Counsel Fees. Costs and Expenses. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: 6-Cg Timothy T Olga quire WILEY, LEN OX, COLGAN & MARZZACCO, P.C. Attorney for Defendant ORDER APPOINTING MASTER AND NOW, this 01 day of - 2006,. `'A? 6" , Esquire is appointed master with respect it he following claims: /0,0 mop T, B e Court: v ?6. CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE STIPULATION AND NOW, this ?-S day of ,? , 2006, the parties to the above captioned matter hereby stipulate and agree as follows: An Order was previously entered in this matter upon stipulation of the parties granting the Plaintiff Exclusive Possession of the Marital Residence. 2. On or about June 10, 2006 Plaintiff vacated the marital residence and rented an apartment. 3. Since Plaintiff is no longer occupying the marital residence, the Order for Exclusive Possession is no longer necessary. WHEREFORE, the parties acknowledging that this Stipulation shall be entered as an Order of Court hereby stipulate and agree that the Order granting Plaintiff Exclusive Possession of the marital residence shall be Vacated. S.TGNED, SEALED AND DELIVERED IN Xj-IE PRESENCt OF: Witness S: IClientslCOLGANIHUTCHISOIStipulation to vacate Exclusive Possession.wpd V"1 FN DD TJ -. C,. .. yi _ SEP 0120U601-, CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE ORDER th AND NOW, this a day of S ?,pCt^? Lr , 2006, based upon the Stipulation of the parties, the Order granting Plaintiff Exclusive Possession of the Marital Residence is hereby vacated. BY THE COURT: DISTRIBUTION: Timothy J. Colgan, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 Keith O. Brenneman, Esquire, P.O. Box 318, 44 West Main Street, Mechanicsburg, P Ct -V eG 17055 (?? AINr! € G :!l IN - cl--'5 Hoz A CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE STIPULATION AND NOW, this ?-; day of , 2006, the parties to the above captioned matter hereby stipulate and agree as follows: An Order was previously entered in this matter upon stipulation of the parties granting the Plaintiff Exclusive Possession of the Marital Residence. 2. On or about June 10, 2006 Plaintiff vacated the marital residence and rented an apartment. 3. Since Plaintiff is no longer occupying the marital residence, the Order for Exclusive Possession is no longer necessary. WHEREFORE, the parties acknowledging that this Stipulation shall be entered as an Order of Court hereby stipulate and agree that the Order granting Plaintiff Exclusive Possession of the marital residence shall be Vacated. SIGNTED, SEALED AND DELIVERED S.IClientslCOLGAMHUTCHISO1Stipulation to Vacate Exclusive Possession.wpd r? cw C : ? i L am I CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 3073 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO Pa.R.C.P. 192012& TO: E. Robert Elicker, II, Divorce Master Plaintiff Cynthia G. Hutchinson, by her attorneys, Snelbaker & Brenneman, P. C., submits this Pretrial Statement at the direction of the Divorce Master as follows: A. BACKGROUND. This divorce action was initiated by Plaintiff Cynthia G. Hutchinson by Complaint filed June 15, 2005, seeking a no-fault divorce, equitable distribution of marital property, alimony, counsel fees, costs and expenses. The parties were married on September 19, 1987 in Cumberland County, Pennsylvania. The parties have been separated since April 26, 2005. By stipulation of the parties, the Court issued an Order March 19, 2006 granting Plaintiff exclusive possession of the parties' marital residence at 414 South York Street, Mechanicsburg. As a result of Plaintiff moving out of the marital residence, by further stipulation of the parties, the Court by Order dated September 8, 2006 vacated its March 19, 2006 Order. Defendant has resided in the marital residence since September 8, 2006. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. There appears to be no issues with respect to the date of separation or the grounds for the ; accordingly, the issues that remain for resolution are equitable distribution and Ts claims for alimony, counsel fees, costs and expenses. Defendant is employed as a residential contractor under a Subchapter S corporation Hutch Homes, Inc. Plaintiff works in sales at a local furniture store. On June 13, 2006, Defendant filed a Motion For Appointment of Master in this B. STATEMENT PURSUANT TO Pa.R.C.P. 1029.32(b) ASSETS. A. Marital Assets. 1. Real Estate. The parties are the owners of the marital residence located at 414 South York Street an estimated value of $255,000 with an outstanding mortgage of approximately 000. The equity in the house is valued at approximately $55,000. The parties also own a modular home at 34376 Laurel Way South, Long Neck, Delaware Plaintiff believes has a value of approximately $27,000 and is unencumbered by a or security interest. Barring any stipulation as to value of the above real estate, iff reserves the right, if financially able, to have the properties appraised for use at hearing. 2. Household Goods, Furnishings, Miscellaneous Tangible Personal Property. Both parties possess miscellaneous items of personal marital property as a result of their Miscellaneous items of marital furniture and furnishings are located at both the LAW OFFICES II _'Z SNELBAKER & BRENNEMAN, P.C. parties' shore house and marital residence. Plaintiff is unaware of any particular items in her possession that Defendant desires to have. Neither party has had any personal property appraised. 3. Intangible Personal Property. a. Pension/Retirement Plans. Plaintiff has a 401(K) plan account through her former employer, Bookspan, that had a value of approximately $18,000 at separation and a value of $33,952.11 as of March 14, 2007. Defendant has a SEP IRA account with Fidelity Investments having a value at separation of approximately $16,000 and a market value as of March 31, 2007 of $17,789.32. b. Bank Accounts. The parties since separation have maintained separate bank accounts. At or prior to the parties' separation, Husband had savings in the amount of $8,000.00 and cash in the amount of $9,000.00. Plaintiff defers to Husband as to the disposition of these marital funds after separation. c. Investment Accounts. The parties are joint owners of a Fidelity investment account that had a balance as of March 31, 2007 of $31,737.23. It is believed that Defendant received inheritance funds during the parties' marriage, the disposition and value of which is unknown. Plaintiff will defer to Defendant as to information on that asset. LAW OFFICES II SNELBAKER & BRENNEMAN, RC. d. Motor Vehicles. The vehicles both parties had prior to separation have been disposed of by each of them after separation. The parties are the owners of a 20-foot Playcraft boat valued at $9,500.00. e. Hutch Homes, Inc. Defendant is the sole shareholder of a residential building contractor business LAW OFFICES SNELBAKER & BRENNEMAN, P.C. operating as a corporation having the name of Hutch Homes, Inc. Defendant builds and sells custom and spec homes. At one point after separation, Defendant's/the corporation's real estate inventory was valued in excess of $840,000, with the real estate being encumbered by mortgage liens typically paid and released upon sale. There has been no valuation of Defendant's business, including inventory and equipment, performed by either party. Plaintiff reserves the right to perform such a valuation as necessary for purposes of any hearing in this case. B. Non-Marital Assets. Plaintiff is unaware of any non-marital assets, excepting any inheritance Defendant has received as referenced in A.3.c., above, but exclusive of any increase in value during marriage. II. IDENTIFICATION OF EXPERT WITNESSES. Plaintiff identifies the following expert witnesses she may call at the time of the hearing in this matter: 1. Karen Darney and/or Pamela M. Reitenbach, certified real estate appraisers 3 Lemoyne Drive, Enola, PA 17025 Subject: value of marital residence real estate, if appraisal is completed 2. Possible appraiser on value of the shore home 3. Possible appraiser of personal property (if necessary) 4. Possible expert to value Hutch Homes, Inc. Plaintiff reserves the right to call additional experts pending receipt and review of any expert -4- reports or appraisals produced by Defendant. III. IDENTIFICATION OF OTHER WITNESSES. In addition to Plaintiff and Defendant, Plaintiff identifies no additional witnesses other than those identified above which she may call at the time of the hearing. Plaintiff reserves the right to identify and call other witnesses to address matters raised in Defendant's Pretrial Statement and to authenticate any document or exhibit identified below or otherwise to be used in the hearing in this matter. IV. LIST OF EXHIBITS. Plaintiff identifies the following exhibits she will utilize at the time of trial: 1. Current federal income tax returns of the parties 2. Income tax returns for Hutch Homes, Inc. 3. Balance sheets, financial statements and profit/loss statements for Hutch Homes, Inc. 4. Fidelity Investments account statements 5. Wachovia and MBNA credit card statements 6. IRS tax lien statements and documentation 7. Bookspan 401(K) account statements 8. Plaintiffs income and expense statement 9. Invoices for legal services provided to Plaintiff from Snelbaker & Brenneman, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 10. Members 1St account statements 11. Any appraisals/valuation reports generated by experts engaged by Plaintiff 12. Pay stubs from Plaintiffs current employment 13. All documents provided by Defendant in discovery 14. All documents provided by Plaintiff in discovery. -5- V. PLAINTIFF'S INCOME. Plaintiffs income from all sources is depicted on her last tax return and pay stubs from employment. VI. PLAINTIFF'S EXPENSES. Plaintiffs expenses will be noted on a current income and expense statement to be provided at the time of hearing. VII. RETIREMENT/PENSION BENEFITS. See the discussion set forth in I.A.3.a., above. VIII. COUNSEL FEES. Plaintiff has raised a claim for counsel fees, costs and expenses. To date, Plaintiffs fees are in excess of $5,100.00. IX. TANGIBLE PERSONAL PROPERTY. See I.A.2., above. X. MARITAL DEBT. Marital debt consists of credit card debt in excess of $15,000 as well as numerous loans for which the parties gave personal guarantees associated with Defendant's business. In addition, there remains a balance owed the IRS in excess of $11,000 associated with Defendant's previous bankruptcy, for which the IRS continues to send notices to Plaintiff. It is Plaintiffs position that virtually all debt is related to Defendant's business activities, for which he is ultimately responsible in the context of any equitable distribution. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Given the parties' comparative income earning capacity, Plaintiff proposes a 70/30 division of marital assets, with the 70% portion of equity being allocated to Plaintiff and Defendant being responsible for all outstanding debt. In consideration of the parties' 20-year marriage, Plaintiff requests indefinite alimony in the amount of at least $500.00 per month. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: August 3, 2007 Attorneys for Plaintiff Cynthia Hutchinson LAW OFFICES II -7 SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Pretrial Statement be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: E. Robert Elicker, II, Divorce Master 13 North Hanover Street Carlisle, PA 17013 Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Cynthia G. Hutchinson Date: August 3, 2007 LAW OFFICES SNELSAKER & BRENNEMAN, P.C. G 7 f C..3 V t A t FJ `rr 1 : CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT PURSUANT TO PA. R. CIV. P. 1920.33(b) AND NOW comes the Defendant, James W. Hutchison, Jr., by and through his attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Pre-Trial Statement pursuant to Pa. R.C.P. 1920.33(b), and in support thereof avers as follows: 1. List of Assets: (a) Martial Assets (Pa.R.C.P. 1920.33(b)(1)(i)): ASSET VALUE DATE OF NON- LIEN(S) Exhibit VALUE MARITAL PORTION Marital $255,000.00 Estimate None $204,750.00 C Residence at 414 S. York Street, Mechanicsburg Wife's 401(k) $18,000.00 None $0.00 1998 Audi $10,000.00 None $0.00 2003 Envoy $22,000.00 08/2005 None $22,000.00 H Pickup Truck $1,000.00 None $0.00 Stock / Mutual $28,000.00 08/2005 None $0.00 E Fund Portfolio SEP IRA $16,000.00 02/2006 None $0.00 D Modular Home $15,000.00 50% interest $0.00 in Delaware Hutch Homes, $843,976.00 None $890,677.00 B, I Inc. Wife's Pension None $0.00 (b) Non-Marital Assets: (Pa.R.C.P. 1920.33(b)(1)(ii)): ASSET VALUE DATE OF LIEN(S) Exhibit VALUE None 2. Expert witnesses (Pa.R.C.P.1920.33(b)(2)): It is not clear at this time what experts, if any, will testify at the time of trial. If expert testimony is required, appropriate notice will be provided to opposing counsel and the Master in advance of trial and copies of expert reports will be provided. Fact witnesses other than the parties (Pa.R.C.P.1920.33(b)(3)): None at this time. To the extent additional fact witnesses are required, appropriate notice will be provided to the Master and opposing counsel in advance of trial. 4. Exhibits (Pa.R.C.P. 1920.33(b)(4)): A Individual Tax returns for years 2002-2005 (exceeds three pages and therefore not attached hereto but has been previously provided to opposing counsel) B Hutch Homes Tax returns for years 2002-2005 (exceeds three pages and therefore not attached hereto but has been previously provided to opposing counsel) C Commerce Bank Mortgage Statements for I S` Mortgage and Line of Credit (updated statements will be provided at or before the time of hearing) D Fidelity SEP IRA statement E Fidelity Mutual Funds statement F Wachovia Bankcard Statement G MBNA America Statement H Members 1 S` Federal Credit Union statement for vehicle loan I Hutch Homes, Inc Financial Statements J Income Statement for Defendant K Expense Statement for Defendant Additional exhibits to be determined in advance of trial and will be provided to opposing counsel with appropriate notice. Statement of Gross Income (Pa.R.C.P. 1920.33(b)(5)): Mr. Hutchison's income has dropped dramatically due to the failure of his business. As a result of the slowdown in the residential housing market and the number of homes that he has completed but been unable to sell, he is seeking employment. As a result, Mr. Hutchison's Income Statement will be provided on or before the time of hearing as Exhibit "J." 6. Expense Statement: As stated in #5 above, due to the changes being experienced by Mr. Hutchison as a result of the loss of business, his expenses are changing and therefore, a Expense Statement will be provided on or before the time of hearing as Exhibit "K." 7. Pension and Retirement Benefits (Pa.R.C.P. 1920.33(b)(7)): ITEM OWNER VALUE DATE OF VALUE MARITAL PORTION EXHIBIT 401(k) Wife $18,000.00 100% Pension Wife 100% SEP IRA Husband $16,000.00 02/2006 100% D Attorney's Fees (Pa.R.C.P.1920.33(b)(8)): Plaintiff raised a claim for Counsel Fees, Costs and Expenses in the Divorce Complaint filed June 15, 2005. Defendant submits that counsel fees are not warranted in this matter and thus should not be awarded to Wife. 9. Tangible personal property (Pa.R.C.P. 1920.33(b)(9)): There is no personal property in dispute for the Court's consideration at this time. 10. Marital Debts: Creditor Amount as Date Initial Date and Exhibit of Date of incurred Amount and Amount of Separation Consideration Payments since DOS Wachovia $10,080.00 Varies Varies F MBNA $7,167.19 Varies Varies G America 11. Proposed resolution of the economic issues: Mr. Hutchison would accept a 50%/50% distribution of assets and debts between the parties with no alimony obligation. 41-4 4-9-07 Timothy A C?aW, Esquire I.D. #77944 WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 Attorney for Defendant L01irileree Online 1-888-751-9000 ACCOUNib T?tAN3iE?13 ACCOUNTS Account History ACCOUNT NICKNAMES --- - 'W PERM RESID MTG FIXED BALANCES HISTORY PERM RESID MTG FIXED 33331951 PENDING TRANSACTIONS Show me F TRANSFERS Last 30 Days Last 6 Months BILL PAY Last 12 Months lt, SERVICE CENTER This Date Range From ri li, SEND A MESSAGE ri To 9/18/2005 READ MESSAGES All Available History ONLINE BANKING HOME Get History LOGOFF Account Detail Account Name PERM RESID MTG FIXED Account Number 33331951 Interest Paid YTD $7,511.37 Interest Paid Last $3,357.74 Year Loan Payoff $153 715.31 Amount , Daily Accrued $27.85 Interest Kitt PAY St Rylot A u?;e A Vl J_ R Helpful Hints What Account History canbe viewed? What is a Power Search? What is an Available Balance? What are Pending Transactions? Interest Rate % 6.50% Next Payment Due Date 1010112005 Next Payment Amount Due $1,327.57 Last Payment Received 09/07/2005 Date Last Payment Amount $72.43 Received Current Loan Balance $154,268.05 Number of Payments 00048 Remaining History To sort by a column, click on its heading. Printer Friendly Version No History Returned 1-888-751-9000 Copyright ® 2003, 2004 Commerce Bank hnnt-:`,?w k.crr?nmer? in bankir?.co ,'acctsfacct histo7T.asp 9/ 18 ; 21flf35 Colyu-tierce Online IV 1-888-751-9000 ACCOUNTS TO 9/18/2005 All Available History Get History ACCOUNTS ACCOUNT NICKNAMES Account History - T LINE OF CREDIT-FLOAT BALANCES HISTORY LINE OF CREDIT-FLOAT 2936677 PENDING TRANSACTIONS Show me li, TRANSFERS Last 30 Days Last 6 Months BILL PAY Last 12 Months SERVICE CENTER This Date Range From SEND A MESSAGE READ MESSAGES ONLINE BANKING HOME LOGOFF Year Loan Payoff $60,226.50 Amount Daily Accrued $14.16 Interest zip -TRANSFERS M Account Detail LINE OF CREDIT- Account Name FLOAT Account Number 2936677 Interest Paid YTD $3,635.79 Interest Paid Last $3,776.80 619.1. PAY l age I of Helpful Hints What Account History Can be viewed? What is a Power Search? What is an Available Balance? What are Pending Transactions? Interest Rate % 8.50% Next Payment Due Date 09101/2005 Next Payment Amount Due $226.50 Last Payment Received 08/04/2005 Date Last Payment Amount $506.31 Received Current Loan Balance $60,000.00 Number of Payments 00032 Remaining w History To sort by a column, click on its heading. Printer Friendly Version No History Returned 1-888-751-9000 Copyright ® 2003, 2004 Commerce Bank https:ffw%i-i .commerceonlinebank-ina.com/a?ccts/acct history.asp 9,118111005 Ey?IIBT D I S tlD 1y 0 It CL ? 0 1D CC LL N m ? m ? LL ON df N .-1 (n Cl N be O jkjft} wftz CL 111 O w a ui Q J .,n C t11 N C-1 W O O U ot3 00 0- 0.C? a>-Jr-try? 50 p l- r ?R o ra u cn m ir.ausZ? C CD C,) cc 4 Y- 0-2 0 ,ON U- M ° a r O Q 40 ? ld) ? '.. .nom z Q - o Y 30 a ac cA 7 = 3 a Q '? 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DD Z78 DETACH TOP POR'RCW AND RETURN WITH PAYMENT CYNTHIA G HUTCHISON JAMES W HUTCHISON 414 S YORK ST MECHANICSBURG PA V 17055-640614 tel: nY State Zip ( ) 22 01008020000088000004264298465426446 ome phone Work phone xcurd Number Grath Une Cash or Credit Ava/k+ble Days in aiUlne cycle Cbai Defy Toad Mlydmum Pa Due Pe Due Dales 4264 2984 6542 6446 $11,000.00 $919.80 31 08/26/05 $88.00 09/21/05 rung I Transaction Reference Card Category Transactions AUGUST 2005 STATEMENT Charges Credits (CR) e Date Number Type RCHASES AND ADJUSTMENTS /18 08/17 1449 VS C JCPENNEY STORE 2712 CAMP HILL PA 68.30 /22 08/20 7141 VS C HOLIDAY INNS EXTON PA 106.92 29670711 ARRIVAL DATE 8/20/05 /23 08/22 0811 VS C PAULUS FARM MARKET MECHANICSBURGPA 13.93 /23 08/22 1436 VS C NEW JERSEY E-ZPASS 888-AUTOTOLL NJ 25.00 B0525832023 /25 08/23 0178 VS C ANGELO'S SOCCER CORNER HARRISBURG PA 12.59 /25 08/23 0160 VS C ANGELO'S SOCCER CORNER HARRISBURG PA 1,785.60 TOTAL FOR BILLING CYCLE FROM 07/27/2005 THROUGH 08/28/2005 $3,329.55 $1,500.00 CF IMPORTANT NEWS Fx- 7zl' 60 JMMARY OF TRANSACTIONS TOTAL MINIMUM PAYMENT DUE Previous Balance (-) Payments snd Credits (+) Cash Advances (+) Purchases and Adlueaner b (+ Pedodlc Rate FINANCE CNAROE8 ((+) Trsnsarifon Fes fgUWCE CHARQE8 (_) New Balance Total 0.00 Past Duo Amount ................. $ Current Payment .................. $88.00 $8,177.62 $1,500.00 $0.00 $3,329.55 $73.03 $0.00 $10,080.20 Total Aanimum Payment Due ...................................... $88.00 'NANCE CHARGE SCHEDULE Category Periodic Rats ash Advances A. BALANCE TRANSFERS. CHECKS -0.000000% DLY B. ATM, BANK .................0.054767% DLY PURCHASES ...................0.027369% DLY Corresponding Balance FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY CAnnual g Balance ct to For Customer Saistacbn and up to the minute automew intormalmpincludiny Percentage Rage Finance Charge balance. avafieble credit, payments received, payments due, duet AOQ477 9 3• 0.00% 19.99% 9.99% FOR THIS BILLING PERIOD: 9 99% ANNUAL PERCENTAGE RATE .................. (Inchdes Fbrlodk Rao and Transecoon Fee Finance Charges.) 'LEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. USE01 1 address nfermeTion, or to request dupecow statements, cal • For TDD (Teisaammurricelon Device for the Deal) assistance, cal 1-800-346-3178. $0.00 • Mai payments to. BANKCARD SERVICES, P.O. BOX 15289, WILMINGTON $8,607.24 19896-5289 _ Bing rights we preserved only by written inquiry. Mai billing inquiries, using farm on the M==10- to: 19850- BOX 15026 WILMINGTON 19850-5026. 9309 02K Y BB9 1009 0300 00 4264 2984 6542 6446 PAGE 2 OF 2 E T G ?IIBI Ax=rt Number D! _ CrwN Line Cash or Credt Ava/Mble aur' M Cbal Deb Total Mlntmum Aa Due As mart Due Dab 5466 32001337 7237 $19,000.00 $11,832.81 32 08/23/05 $70.00 09/19/05 ransectlon Reference Card Category Transactions AUGUST 2005 STATEMENT Charges Credits (CR) ate Date Number Type ASH ADVANCE TRANSACTIONS 3/11 08/09 3570 MC A CHECK CHECK N 537641 7,111.33 B/11 08/09 3570 MC A CHECK TRANSACTION FEE 50.00 TOTAL FOR BILLING CYCLE FROM 07/23/2005 THROUGH 08/23/2005 $7,161.33 $0.00 WORLD POINTS 0 MONTHLY EARNINGS 0 POINTS AVAILABLE 0 BONUS POINTS THIS MONTH GO TO MBNAWORLDPOINTS.COM/OFFERS FOR CURRENT BONUS POINT OFFERS ?3a I L? IMPORTANT NEWS ENJOY THE ENCLOSED CHECKS. NEED EXTRA MONEY? TAKE A MOMENT TO REQUEST YOUR PIN. CALL 1-866-357-0227 FROM YOUR HOME PHONE TO SELECT YOUR PIN! PLAN AHEAD FOR LIFE'S UPS AND DOWNS. PROTECT YOUR MBNA CREDIT RATING TODAY! CALL 1-877-772-4075, OR VISIT WWW.MBNAPROTECT.COM. MBNA BRINGS YOU INFONE - ENHANCED DIRECTORY ASSISTANCE AND MORE. ACTIVATE TODAY AT WWW.INFONE.COM/START AND GET CELL PHONE INSURANCE FOR 90 DAYS AT NO COST! CUMMARY OF TRANSACTIONS TOTAL MINIMUM PAYMENT DUE Previous Balance (-) Payments (+) Cash (+) Purchases and +) Periodic Rate (+ Trensectton Fee (_) New Balance end Credita Advances Adjustments FINANCE CHARGES FINANCE CHARGES TaW Pest Due Amount ................. $0.00 Current Payment .................. $70.00 $0.00 $0.00 $7,111.33 $0-00 $5.66 $50.00 $7,167.19 TotalMlnlmum Payment Due ...................... .......... $70.00 "INANCE CHARGE SCHEDULE Corresponding Balance FOR YOUR SATISFACTION, EVERY HOUR, EVERYDAY Periodic Rate Cate ory Annual Subject to For Customer Satisfaction and up to the minute automated information ndudin b l bl dit i il g Percentage Rate Finance Charge ance, ava a a e cre , payments rece ved, payments due, due ?d??ate?,pp?ayr?ne?n? ;ash Advances address information, or to requestdup-atestatements,cal]2 A. BALANCE TRANSFERS, CHECKS- 0.005452% 0.005452% DLY 1.99% $3 358 15 For TDD elecanmunicabonDevice for the Deal) assistance. , . call 178. B. ATM, BANK ................. 0. 066410% DLY * 24.24% $0.00 Mai payments to. MBNA AMERICA, P.O. BOX 15289, WILMINGTON. DE C. PURCHASES ...................0.030794% DLY* 11.24% $0.00 19BW5299. • Bing rights are preserved only by written inquiry. Mai b7ng inquiries, using Periodic Rate M Vary ay form on the back and other nquines to: MBNA A?AFAICA P O BOX 15026 DE WILMINGTON FOR THIS BILLING PERIOD: ANNUAL PERCENTAGE RATE ................... 9.43% , . . , , 19850-5026. (Inc0udes Perbdlc Rab and Transecdon Fee Finance Charges.) 612 DOM Y OND 1 308 0903 00 PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. USE01 1 5466 3200 1337 7237 PAGE 1 OF 1 When the promotional period ends, the LPR for all new and outstanding Balance Iransfer and Check Cash Advance falances will be the prevailing rates as set orth in your Credit Card Agreement, as amended, and may include any default tPRs if applicable to your account. MBNA . rnen, a FOR DOLLAR (a Secuny leawres,naucee Delals on back- 1:031 LOO L60s: 20013377 237u• 25343 2 V1 t MEMBERS 1St FEDERAL CREDIT UNION Send Inquires to: 5000 Louise Drive PO Box 40 Mechanicsburg, PA 17055 www.memberslst.org Main Switchboard: (717) 697-1161 or (800) 283-2328 EZ can: (717) 697-4372 or (800) 283-4372 TDD: (717) 697-5312 or (800) 283-2328 ext. 5312 TeleBranch: (717) 795-6049 or (800) 237-7288 13787 1 AV 0.278 27573-13787 1.11111.111111111111111111111111111111111111111111111111111111 JAMES W HUTCHISON JR 414 S YORK ST MECHANICSBURG PA 17055-6406 Statement of Accounts Aug 01, 2005 thru Aug 31, 2005 Account Number: 36756 Account Balances at a Glance: Checking: 329.96 Savings: 415.89 Certificates : 0.00 Loans: 20,338.13 Money Management: 0.00 Page: 1 of 2 Pick up a CASH4U/It Pays to Belong brochure today and you could win $500! See the enclosed insert for more information. CHECKING ACCOUNTS 11 -CHECKING Date Transaction Description Additions Subtractions Balance Aug Of Bafanws Forward 296.96 Aug 11 Deposit by Check 550.00 846.96 Aug 16 Withdrawal Transfer To Loan 01 517.00- 329.96 Aug 3f Enderg Balance 329.96 WITHDRAWALS AND OTHER CHARGES Date Amount Description Date Amount Description Aug 16 517.00 Withdrawal Transfer DEPOSITS AND OTHER CREDITS Date Amount Description Date Amount Description Aug 11 550.00 Deposit by Check SAVINGS ACCOUNTS 00 - REGULAR SAVINGS Date Transaction Description AddW*m Subt actions Balance Aug Of Balalwe;! Forward 415.54 Aug 31 Deposit Dividend 1.000% 0.35 415.89 Annual Percentage Yaw E&7w r f. a x ft m OIBY4fir2ws mrwaft w3ilxo5 Aug 31 Ending Barance 415.89 LOAN ACCOUNTS 01 - USED VEHICLE Date Transaction Description Amount Interest Fees Princ bal Balance Aug Of Balance Forward 20, 749.57 Continued on followinq CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that on this date, I served a copy of Plaintiff s Pre-Trial Statement upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as by regular U.S. Mail, postage prepaid as follows: E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. PO Box 318 44 W. Main Street Mechanicsburg, PA 17055 Date: t? - A44-4-? Timothy J. ga , Esquire I.D. #77944 WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 r ? ' t ? Cry axL7 _ CYNTHIA G. HUTCHISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3073 CIVIL TERM JAMES W. HUTCHISON, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE L A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 15, 2005. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to Est entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. r -- April 23, 2009 Cynthia G. Hutchison LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ^? 1 FILEU- , F y „"rid t Tl-Ir 2009 A ,R 30 FH 12: v t S G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3073 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(d) of the Divorce Code was filed on 15, 2005. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. ©7 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. OF THE' P7'"`4"^r,,"-,7 `f 2009 APR 34 Fil 12= 1, 9 V. G. HUTCHISON, Plaintiff W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2005-3073 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of di vrorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court that a copy of the decree will be sent to me immediately after it is filed with the 4. I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to falsification to authorities. April 23, 2009 r Cynth G. Hutchison LAW OFFICES SNELBAKER & BRENNEMAN, P.C. OF THE 2009 APR 30 Fri 12: 5 CYNTHIA G. HUTCHISON, Plaintiff V. JAMES W. HUTCHISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3073 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court that a copy of the decree will be sent to me immediately after it is filed with the 4. I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to falsification to authorities. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2bl 99 APR 3 'i1 12: U IN FENNsylY CYNTHIA G. HUTCHISON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3073 CIVIL TERM JAMES W. HUTCHISON, JR., Defendant CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: June 17, 2005. See Acceptance of Service Defendant's Counsel filed June 20, 2005. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the vorce Code: by the Plaintiff: April 23, 2009; by the Defendant: April 17, 2009. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: April 23, 2009; by the Defendant: April 17, 2009. 5. Related pending claims: None. Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. '41ull27, "di SNELBAKER & BRENNEMAN, P. C. By: CF THE I ! r ?i' 2009 APR 3 PI' 12: 1 CYNTHIA G. HUTCHINSON, Plaintiff VS. - JAMES W. HUTCHINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3073 CIVIL IN DIVORCE ORDER OF COURT % 11 AND NOW, this day of , 2009, the economic claims raised in the proceedings having been resolved in accordance with a post-nuptial agreement dated April 23, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q-I Q cc: ? Keith 0. Brenneman /Attorney for Plaintiff Timothy J. Colgan Attorney for Defendant ?o?i Es inai .gym 7-Z) nim c) POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this Z3 day of ? 2009 by and between: CYNTHIA G. HUTCHISON, of 2620 Shingus Circle, Grantham, Pennsylvania, party of the first part, hereinafter "Wife" AND JAMES W. HUTCHISON, JR., of 414 South York Street, Mechanicsburg, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on September 19, 1987 in Cumberland County, Pennsylvania, and WHEREAS, the parties last resided with each other at 414 South York Street, Mechanicsburg, Pennsylvania and were separated April 26, 2005; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties have two children of their marriage; namely Rachel E. Hutchison, who is an adult and James C. Hutchison, who is a minor; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof, with Wife being represented by Keith O. Brenneman, Esquire and Husband by Timothy J. Colgan, Esquire; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement (the "Agreement"), voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property which they acquired either before or during their marriage, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. 2 Husband shall have and possess, free of any claim or interest of Wife, all items of personal property that he has in his possession and Wife shall have and possess, free of any claim or interest of Husband all items of personal property that she has in her possession. The parties declare and acknowledge that the division of the personal property described above constitutes their mutual agreement to divide various items of personal property, possessions, furniture and furnishings (collectively the "property") whether or not acquired during their marriage and whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are aware of all assets, property and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession ,free of any claim- or interest of the other. 4. REAL ESTATE. The parties acknowledge that they are the owners of property improved with a residential dwelling located at 414 South York Street, Mechanicsburg, Pennsylvania (the "Property"). The parties further acknowledge that the Property is subj ect to a Commerce Bank mortgage and a Commerce Bank line of credit (the "mortgages"). 3 The parties agree that Husband shall have exclusive possession and use of the Property. Husband agrees that the mortgages and their payment, utilities, taxes, insurance and all other expenses associated with the ownership, use and maintenance of the Property incurred any time before the date of this Agreement and in the future, shall be the sole responsibility of Husband and that Husband shall indemnify and hold Wife harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Wife due to Husband's failure to pay for the foregoing. Husband agrees that he shall make no further draws on the Commerce Bank line of credit. The parties agree that when their son, James C. Hutchison, graduates from high school in June 2010, they will cooperate in immediately listing for sale and selling the Property. The parties further agree that upon closing on the sale of the Property, the net proceeds of such sale shall be divided equally between them after payment of mortgages. Husband shall pay off and close the Bank of America credit card balance immediately upon his receipt of his proceeds. The parties shall close the Commerce Bank line of credit account in their names. The parties also acknowledge and agree that they own 50% of a modular home at 34376 Laurel Way South, Long Neck, Delaware (the "shore home") which is not subject to any mortgage or lien. Wife agrees that she shall convey her right, title and interest in the shore home to Husband by deed to be prepared, recorded and transferred at Husband's expense; however, in the event either the shore home is sold or Husband's interest in the shore home sold, Husband shall pay Wife 50% of the net proceeds payable to Husband from such sale. Husband agrees that he and not Wife, shall be responsible for all taxes, utilities, insurance and expenses associated with the ownership, use and maintenance of the shore home incurred any time before the date of this Agreement and in the future. •Husband agrees to indemnify and hold Wife harmless of and 4 from any such payments, costs, and expenses, including any attorney's fees incurred by Wife due to Husband's failure to pay for the foregoing. 5. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been divided by the parties prior to their separation. 6. MARITAL DEBT AND FUTURE OBLIGATIONS. Husband shall pay the Commerce Bank mortgage and line of credit loan obligation noted in Paragraph 4, above. Husband shall also pay any credit card balance due to Bank of America. The matter involving Wife's obligation to the IRS as a result of Husband's bankruptcy in 1998 has been resolved. The parties acknowledge and agree that any and all debt and obligations incurred by either of them individually prior to and after their date of separation on April 26, 2005, shall be the sole and separate liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party. Each party further agrees that each will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such present and future debts and obligations and any other debts and obligations incurred prior to and after the parties' separation and/or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 7. AUTOMOBILES AND BOAT. The parties acknowledge that they each have acquired motor vehicles after their separation. The parties agree that each shall retain sole and exclusive ownership, possession and use of the motor vehicles in his or her possession and shall pay and be solely responsible for paying all debts due on any all amounts associated with the use, maintenance and ownership of his or her respective vehicles. 5 The parties also acknowledge that they own a Playcraft boat. Wife agrees that she will sign all documents necessary to convey any right, title or interest in and to the boat to Husband, with such documents to be prepared and submitted or filed at Husband's expense. Upon any future sale of the boat, husband agrees to pay Wife 1/z of the net proceeds for such sale. 8. COUNSEL FEES. Each parry agrees to pay and be responsible for his or her own for legal fees and costs incurred by him or her associated with the initiation, processing and completion of the Divorce Action and the preparation, negotiation, consummation and compliance with the provisions of this Post-Nuptial Agreement. 9. PENSION 401K RETIREMENT PLANS BENEFITS AND EMPLOYMENT BENEFITS. Wife has a 401(K) plan account and a pension benefit from her former employer, Bookspan. Husband is the owner of a SEP IRA account with Fidelity Investments. The parties agree that each waives, relinquishes and forever releases the other of and from any and all claims which either may have against the other's pension or retirement plans or accounts and any other retirement or employer benefit or benefits. The parties further agree that each has no obligation to provide, now or at any time in the future, medical, dental, vision or health insurance coverage for the benefit of the other. 10. INVESTMENT ACCOUNT. The parties jointly own a Fidelity Investment account. Wife waives any right, interest or claim in or to that account in favor of Husband who shall be the sole owner of that account. 11. HUTCH HOMES, INC. The parties acknowledge that Husband is the sole shareholder of Hutch Homes, Inc., a Pennsylvania business corporation. Wife hereby waives, releases and relinquishes any claim, right or interest in and to Hutch Homes, Inc., its assets, 6 inventory and/or value. Husband represents and warrants that Wife is not liable for any debt of Hutch Homes, Inc. 12. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 13. DIVORCE. On June 15, 2005, Wife initiated a divorce action in the Court of Common Pleas of Cumberland County docketed to No. 2005-3073 (the "Divorce Action"). The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to terminate their marriage by mutual consent and each agrees to execute concurrently with the execution of this Agreement the necessary affidavits, waivers and consents in the Divorce Action. 14. TAX IMPLICATIONS AND MATTERS. The parties acknowledge that they have filed separate income tax returns since the time of their separation. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. 7 15. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 16. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 17. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 18. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred 8 by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 19. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 20. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court 9 of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 22. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 23. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 24. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: (SEAL) SEAL) I V CYNTHIA G. HUTCHISON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES W. HUTCHISON, JR. NO. 2005-3073 DIVORCE DECREE AND NOW, M aV 5 , 1 6001 .,it is ordered and decreed that CYNTHIA G. HUTCHISON plaintiff, and JAMES W. HUTCHISON, JR. , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, N'-? U \ Attest: J. Prothonotary A4 t ?.