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HomeMy WebLinkAbout06-28516- DAVID B. FETCHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN, Defendant No.. 0 & - S/ C,-u-?.?, CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6100 DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06 - - PSI 04.-w -w.., CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is David B. Fetchen, who currently resides at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Cynthia Ann Fetchen, who currently resides at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 2, 1990. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(a)(6), 3301(c), and 3301(d), in that: a. The Defendant offered such indignities to the Plaintiff as to render Plaintiff s condition intolerable and life burdensome. b. The marriage is irretrievably broke. 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 such counseling. 8. Plaintiff does not request counseling, pursuant to §§3301(c) and 3301(d) of the Divorce Code. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. Date: r - 1846 Respe By: 2;@Z- Andrew H. Shaw, Esquire Sup. Ct. ID No. 87371 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff VERIFICATION I, David Fetchen, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: David Fetchen ?l 00 t-?? '° `??=urn n DAVID B. FETCHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN, Defendant No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I, Andrew H. Shaw, Counsel for the Plaintiff, David B. Fetchen, hereby certify that a true and correct copy of the Divorce Complaint in the above captioned case was served upon Defendant via First Class Mail on May 25, 2006. A copy of the Acceptar of Service is attached. Date: y2 Andrew H. Shaw, Esquire Counsel for Plaintiff PA Sup. Ct. ID Num. 87371 61 W. Louther St. Carlisle, PA 17013 717-249-1392 DAVID B. FETCHEN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2851 Civil Term CYNTHIA ANN FETCHEN CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Charles Rector, Esquire, counsel for the Defendant, Cynthia Ann Fetchen, accept service of the Complaint in Divorce filed in the above-captioned matter and certify that I am authorized to do so. BY: Date: s '?s zo? en, ryes Recto y, Esquire 1104 Femw d Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Proof of Service, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant ,s Date: S - a Sup. Ct. I.D. No. 87371 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (phone) (717) 249-4514 (facsimile) a o_7 I- DAVID B. FETCHEN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2851 Civil Term CYNTHIA ANN FETCHEN CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO PLEAD To: David Fetchen c/o Andrew H. Shaw, Esquire 61 W. Louther Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Defendant's Answer and Counterclaim to Plaintiff's Divorce Complaint within twenty (20) days from service hereof or a judgment may be entered against you. BY: 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: /04 DAVID B. FETCHEN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2851 Civil Term CYNTHIA ANN FETCHEN CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S ANSWER & COUNTERCLAIM TO PLAINTIFF'S DIVORCE COMPLAINT AND NOW, comes the Defendant, Cynthia Ann Fetchen, by and through her attorney Charles Rector, Esquire, and files the within Answer and Counterclaim to Plaintiff's Complaint in Divorce: 1. - 5. Admitted. 6. Denied. The respective averments contained in Paragraph 6 are legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required: a. It is denied that Defendant has offered such indignities to the Plaintiff as to render his condition intolerable and life burdensome. By way of further answer, it is specifically denied that Plaintiff is an "innocent and injured" spouse pursuant to the Pennsylvania Divorce Code and proof thereof is demanded and the same is deemed denied. b. It is further denied that the marriage is irretrievably broken and proof thereof is demanded and the same is deemed denied. 7. Admitted. 8. Admitted. 9. Admitted. WHEREFORE, Defendant respectfully requests that your Honorable Court deny the relief requested in Plaintiff's Complaint. Counterclaim Count I - Divorce 10. The prior paragraphs of this Answer are incorporated herein by reference thereto. 11. Plaintiff has offered such indignities to Defendant, who is the innocent and injured spouse, as to render her condition intolerable and life burdensome. 12. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(a)(6) of the Divorce Code. Count II - Equitable Distribution 13. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 14. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests your Honorable Court to enter an Order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Count III - Spousal Support and/or Alimonv Pendent Lite and Permanent Alimony 15. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 16. Defendant is unable to sustain herself during the course of this litigation. 17. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 18. Defendant requests this Honorable Court to enter an award of spousal support and/or alimony vendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701(a) and Section 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an award of spousal support and/or alimony nendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and Section 3702 of the Divorce Code. Count IV- Counsel Fees. Expenses and Costs o Suit 19. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 20. Defendant has employed counsel to represent her in this matrimonial cause. 21. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 22. Plaintiff s actual earnings and earnings capacity are greater than Defendants. 23. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b) and 3702 of the Divorce Code, the Court enter an Order directing Plaintiff to pay Defendant's reasonable counsel fees, costs Respectfully Charles Rector, > quirk-- 1104 Fernwood K venue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: I verify that the statements made herein 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. Cynt is Ann Fetchen Date: _6 -- /- 0 6 CERTIFICATE OF SERVICE / VW- I, Charles Rector, Esquire, do hereby certify that on the 2006, I caused a true and correct copy of the within Defendant's Answer & Counterclaim to Plaintiff's Divorce Complaint to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Andrew H. Shaw, Esquire 61 W. Louther Street Carlisle, PA 17013 By: Charles Rector, 4-0* Fernwood Camp Hill, PA (717) 761-8101 ;nue, Ste. 203 11-6912 day of , Date: 0 /0(. CD m 4 ri '- Ui 7 c? ? DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL. ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff, David B. Fetchen, an adult individual currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Cynthia Ann Fetchen, currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce on May 18, 2006. 4. In his Complaint, Petitioner sought divorce under sections 3301(a), 3301(c) and 3301(d) of the Divorce Code, in that Defendant offered such indignities to Plaintiff as to render Plaintiff s condition intolerable and life burdensome, and that the marriage was irretrievably broke. 5. In her Answer and Counterclaim, Respondent included counts requesting the equitable division of marital property, spousal support and/or alimony pendente lite, permanent alimony, and counsel fees. 6. Both parties are the current owners of the real property located at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 7. Since the filing of the Complaint the parties have lived under the same roof. 8. Since the filing of the Complaint, Respondent has intensified her course of indignities directed towards the Petitioner, including yelling and screaming verbal insults to Petitioner on an almost daily basis. 9. In addition, Respondent has made false allegations to at least one third party, accusing Petitioner of engaging in some form of domestic violence. 10. Said false allegations were serious enough to prompt the third party to call the State Police on January 27, 2007 and report a domestic disturbance at the parties' residence. 11. The State Police were dispatched and reported no evidence of domestic violence or disturbance. 12. Petitioner had only been at the residence for a minimum of twenty (20) minutes at the time the State Police arrived. 13. On a prior instance in September 2006, Respondent claimed that she had obtained a Protection From Abuse Order, in an attempt to further harass, annoy and antagonize Petitioner, and to prevent Petitioner from returning to the marital residence. 14. Respondent made the above-statements in Paragraph 13, knowing there was no Protection From Abuse Order. 15. It is believed that Respondent never attempted to obtain a Protection From Abuse Order. 2 16. At the same time in September 2006 that Respondent claimed she obtained a Protection From Abuse Order, Respondent also threatened Petitioner that she had called the State Police and made accusations against him. 17. During the time period in September 2006 when Respondent made the above claims to Petitioner, Petitioner was visiting family in New England. 18. Said actions by Respondent in September 2006 prompted a letter from Petitioner's attorney to Respondent's attorney. A copy of this letter is attached hereto and incorporated by reference as Exhibit A. 19. To date, Petitioner has engaged in no domestic violence, has made no verbal or physical threats, and has attempted to avoid confrontations with Respondent because of the amount of verbal abuse directed to Petitioner by Respondent. 20. It is believed that Respondent's course of action is desired only to cause annoyance and disruption to Petitioner, in furtherance of her antagonism towards him. 21. Petitioner is concerned with living in the same residence as Respondent, as he is fearful Respondent will make additional false accusations of domestic violence against him, of which he will be forced to defend. 22. Petitioner desires that he be granted exclusive possession of the home so that he can feel secure from ongoing verbal abuse and from false accusations of domestic violence. 23. Concurrence in this Petition was sought from Respondent's Counsel of record, Charles Rector, Esquire, Attorney Rector does not concur in this Petition. 3 WHEREFORE, Petitioner requests this Honorable Court to enter an Order excluding Respondent from the marital residence at 37 Derbyshire Drive, Carlisle, Pennsylvania. Respectfully SAbmitted: Date: ?r By: Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite I 1 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Petitioner 4 VERIFICATION I, David B. Fetchen, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: David B. Fetchen LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 254-1776 (phone) (717) 254-1794 (fax) ashawlaw@comcast.net September 7, 2006 Charles Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: My client has informed me that your client has made various threats to my client, including filing a frivolous PFA and also reporting to the State Police various actions by my client that did not occur. I have spoken with the State Police, and they have informed me that your client did not notify them, and they have no knowledge of a PFA being filed against my client. Further, your client told my client that she was changing the locks on the house and that he was not permitted to re-enter the home. First, your client must discontinue the harassing telephone calls and threats toward my client. I have instructed my client not to file harassment charges, but he will be forced to take some form of legal action if your client continues this course of conduct. Second, my client must be granted access to the marital home. At this point, there is no PFA order against my client, nor does your client have exclusive possession of the home. My client has left medications in the marital home that he must take. He is currently out of the state, but must have access to the house by this Saturday, September 9, 2006. If my client is denied access, or if your client has changed the locks, he will be forced to hire a locksmith to gain entry. Any expenses in gaining entry to the marital residence incurred by my, client will be attributed against your client in the divorce proceedings. EXHIBR A Charles Rector, Esquire Page 2 September 7, 2006 If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. Thank you. Very truly yours, j-f Andrew H. Shaw, Esquire cc: David Fetchen CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Special Relief, was served this date on the below named, via facsimile and by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) ?? ? ? d rA ?Q Q .F- -o c? Q -? -?. DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2851 CIVIL CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 2nd day of February, 2007, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 13, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Andrew H. Shaw, Esquire Attorney for Plaintiff Charles Rector, Esquire c.? ;'?^ ``' ?' Attorney for Defendant bas ?:-:mss ? `_ ? ::1 -??. ?? DAVID B. FETCHEN Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2851 Civil Term CIVIL ACTION -LAW IN DIVORCE RESPONDENTIWIFE'SANSWER & COUNTERCLAIM TO PETITION FOR SPECL4L RELIEF AND NOW, comes the Defendant/Respondent, Cynthia Ann Fetchen, by and through the Law Offices of Charles Rector, Esquire, P.C., and files the within Answer & Counterclaim to Plaintiff's Petition for Special Relief: 1. through 4. Admitted. 5. Admitted. By way of further answer, Respondent/Wife has also alleged that Plaintiff/Petitioner has offered such indignities to her as to render her condition as intolerable and life burdensome. 6. Admitted. 7. Admitted. 8. Denied. The averments of Paragraph 8 constitute a series of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, Respondent/Wife attempts to avoid any and all interaction with Petitioner/Husband to the extent possible and she does not engage in yelling, screaming and/or insults and proof thereof is demanded. 9. Denied. Respondent/Wife has never made a false allegation to third parties, including law enforcement, that Petitioner/Husband was engaging in domestic violence. Rather, Respondent/Wife has discussed with law enforcement and with third parties contingency plans in the event that she is physically abused and/or forced from the home as a result of Petitioner/Husband's continued verbal haranguing and verbal abuse. 10. Denied. Respondent/Wife has never made false allegations to third parties, including law enforcement, that she was suffering from domestic violence. On January 27, 2007, a family friend incorrectly believed that Respondent/Wife needed help, which she did not, which family friend notified the police who, after appearing at the residence for twenty (20) minutes were reassured by both parties that no domestic violence had occurred. 11. Admitted. 12. Admitted. 13. Denied. Respondent/Wife has never told Petitioner/Husband that she had obtained a Protection From Abuse Order. Rather, she merely advised him that she inquired with the State Police about the process of securing a Protection From Abuse Order. 14. Denied. See answer to Paragraph 13. 15. Admitted. 16. Denied. See answer to Paragraph 13. IT Denied. See answer to Paragraph 13. 2 18. Admitted. By way of further answer, counsel for Petitioner/Husband authored a letter (Petitioner's Exhibit A) based upon the unfortunate misapprehensions of Petitioner/Husband. 19. Denied. The averments of Paragraph 19 constitute a series of legal conclusions which require no answer and are deemed denied. By way of further answer, Petitioner/Husband continues to engage in a pattern of verbal abuse and harassment of Respondent/Wife which behavior includes, but is not limited to: a. ransacking her car; b. breaking her prescription sunglasses; C. disposing of various items once removed from her car; and d. insulting her Hispanic heritage. 20. through 22. Denied. The averments of Paragraph 20 through 22 constitute a series of legal conclusions which require no answer and are deemed denied. 23. Admitted. WHEREFORE, Respondent/Wife respectfully requests that your Honorable Court deny Petitioner/Husband's request for exclusive possession of the marital home. COUNTERCLAIM OF RESPONDENT/WIFE FOR EXCLUSIVE POSSESSION 24. Paragraphs 1 through 23 are incorporated herein by reference as if set forth in full. 3 25. It is probable that in equitable distribution Respondent/Wife will be awarded the marital home. 26. Respondent/Wife is an operating room nurse at Hershey Medical Center and works various shifts. 27. As a result of Petitioner/Husband's verbally abusive behavior towards Respondent/Wife on a continuing basis, Respondent/Wife has sought counseling with a psychologist and is prescribed Zoloft for anxiety. 28. Respondent/Wife also suffers from a back injury which requires ongoing care and treatment and which condition has been exacerbated by Husband's continued verbal abuse during the pendency of this proceeding. 29. Respondent/Wife has nowhere else to reside during the pendency of the divorce action. 30. Petitioner/Husband however, has resided at his mother's home at 5207 Windsor Boulevard, Mechanicsburg, Cumberland, County, Pennsylvania, since January 29, 2007, and is capable of residing there on an interim basis until the divorce case is finalized. Petitioner/Husband has, for example, relocated extensive musical equipment and other marital items to his mother's home. 31. Prior to and since January 29, 2007, Petitioner/Husband has come and gone to/from the marital home at his "whim and pleasure" and Respondent/Wife has had no idea when Petitioner/Husband will come to the marital home or at what time of the 4 day or night. Petitioner/Husband has absented himself for days at a time from the marital home. 32. At various times during the marriage, and more particularly during the past six weeks, Petitioner/Husband has engaged in unnecessary name calling in an effort to constructively evict Respondent/Wife from the home. 33. Respondent/Wife's mental health has been compromised with the ever present knowledge that her husband comes and goes from the marital home on days and at times uncertain and further is frightened that Petitioner/Husband has removed multiple handguns and rifles from the marital residence including Respondent/Wife's handgun which she uses for protection. 34. Petitioner/Husband, who is an aficionado of "militia" magazines, has expressed his desire many times to Respondent/Wife (who is Hispanic) to go to the US/Mexican border and shoot Mexicans as they cross the border. 35. Respondent/Wife is afraid of Petitioner/Husband, of his comings and goings at all hours, and of his recent aberrant behavior in harassing and haranguing her on a daily basis. WHEREFORE, Respondent/Wife respectfully requests your Honorable Court to grant her exclusive possession of the marital home pursuant to 23 Pa.C.S.A. § 3502(c) on an interim basis pending final equitable distribution of the parties' marital assets by the Divorce Master. /310 ?- Date: Respectfu Submitt L.Charles Rec r, Es ire 1104 Fernood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Respondent/Wife I verify that the statements made herein 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. (. •o? Cynthia Ann Fetchen Date: of -/3 -07 CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 13`h day of February, 2007, I caused a true and correct copy of the within Respondent's Answer & Counterclaim to Plaintiff's Petition for Special Relief to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Ste. I 1 Carlisle, PA 17013 By: --e _ C Chwles Rector squir ._ 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: °? i3 D ?' ++ ? -. ?? ? A :?- ?--? •. ??? ?- ?. DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE ANSWER TO DEFENDANT'S COUNTERCLAIM TO PETITION FOR SPECIAL RELIEF AND NOW comes Plaintiff/Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and files the within Answer to Defendant's Counterclaim To Petition For Special Relief as follows: 1. through 23. No response required. 24. No response required. 25. Paragraph 25 of the Counterclaim is a legal conclusion to which no responsive pleading is required. To the extent and answer is required, Paragraph 25 is denied. 26. Admitted. 27. Denied. It is denied that Plaintiff verbally abuses Defendant. Strict proof thereof is demanded at the hearing on this matter. As to the remainder of the averments in Paragraph 27 of Defendant's Counterclaim, after reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant. 28. Denied. It is denied that Plaintiff verbally abuses Defendant. Strict proof thereof is demanded at the hearing on this matter. As to the remainder of the averments in Paragraph 28 of Defendant's Counterclaim, after reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant. To the extent an answer is required, Plaintiff is aware that Defendant claims a back injury. Plaintiff is unaware of the nature of treatment or the medical diagnosis. 29. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 29 of Defendant's Counterclaim. As a matter of further response, Defendant has created the need for Plaintiff's Petition for Special Relief as more fully described in Plaintiff's Petition. 30. Denied in part and admitted in part. It is denied that Plaintiff has resided at his mother's home since January 29, 2007. As a matter of further response, Plaintiff has temporarily spent the night at his mother's home to avoid any additional false accusations by Defendant of verbal or physical abuse. It is denied that Plaintiff is capable of residing at his mother's house until the divorce case is finalized. It is admitted only that Plaintiff has relocated musical equipment to his mother' home for the purpose of protecting it from Defendant's bursts of rage. 31. Denied in part and admitted in part. It is denied that Plaintiff has come and gone to/from the marital home at his "whim and pleasure," as said averment by Defendant is vague. It is admitted only that Plaintiff has been absent from the marital residence for more than one day on limited occasions. As a matter of further response, said absences were intended to prevent the opportunity for Defendant to make additional false accusations against Plaintiff of verbal and physical abuse. 32. Denied. It is denied that at any time has Plaintiff engaged in unnecessary name calling in an effort to constructively evict Defendant from the home. Strict proof thereof is demanded at the hearing on this matter. 2 33. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 33 of Defendant's Counterclaim. 34. Denied. It is denied that Plaintiff is an aficionado of "militia" magazines. It is further denied that Plaintiff has expressed his desire to Defendant to go to the US/Mexican border and shoot Mexicans as they cross the border. Strict proof thereof is demanded at the hearing on this matter. 35. Denied. It is denied that Plaintiff has harassed or harangued Defendant on a daily basis. Strict proof thereof is demanded at the hearing on this matter. As to the remainder of this paragraph, after reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 35 of Defendant's Counterclaim. WHEREFORE, Plaintiff requests your Honorable Court grant Plaintiff's Petition For Special Relief and deny Defendant's Counterclaim, thereby granting Plaintiff exclusive possession of the marital residence. Respectfully Date- an -07 By: ttfid"rew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff 3 VERIFICATION I, David Fetchen, verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date:21Z5_67 David Fetchen CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Answer to Defendant's Counterclaim, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: v Z-O Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) r7l 41 '- `T3 r ?.... ) r n 4 Ar_ •• _,. l s W %.0 ,.+ 1 - DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2851 CIVIL CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 5'h day of March, 2007, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Friday, May 18, 2007 at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, I*k -? uz? M. L. Ebert, Jr., J. drew H. Shaw, Esquire Attorney for Plaintiff ,,,gharles Rector, Esquire Attorney for Defendant bas C -- c Z ; , , AID A DAVID B. FETCHEN, Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW on this 18th day of May, 2007, upon agreement of the parties related to the Petition for Exclusive Possession filed by Plaintiff/Petitioner, it is hereby ORDERED as follows: 1. Cynthia Fetchen is awarded exclusive possession of the marital residence located at 37 Derbyshire Drive, Carlisle, Pennsylvania. 2. David Fetchen shall be permitted to remove items of his personalty, and any other items of property mutually agreed upon between the parties, within 2 weeks of the date of the Order. 3. Cynthia shall be solely responsible for any and all mortgage payments, taxes, water and sewer bills, utilities, and any other bills associated with the marital residence. Cynthia reserves the right to seek credit of mortgage payments and tax payments at Equitable Distribution. 4. Cynthia shall provide proof to David that the mortgage payment has been received by the mortgage company by the 10'h day of each month. If the mortgage payment has not been received by the 101' day of the month, David shall have the opportunity to make the mortgage payment. In the event David makes the mortgage payment under the terms above, Cynthia shall reimburse David within 10 days of the date he made the payment. 5. Neither party shall harass, stalk or annoy the other. w The above Order shall be in effect until this matter is resolved through an agreement of the parties or this Court enters a subsequent order. , 0'. C nd r ae?`Je BY THE COURT: tw.7 ?.;_.7 t--- ? YZ _ . ?,1_., ? ? _. '?? _." { ? ?? .- i`; ? r,$ DAVID B. FETCHEN Plaintiff V. CYNTHIA ANN FETCHEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2851 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAEC/PE TO ENTER APPEARANCE Please enter my appearance as co-counsel on behalf of the Defendant, Cynthia Ann Fetchen, in the above-captioned matter. RESPECTFULLY SUBMITTED, d'y'?A Andrea Hudak Duffy, Esquire (ID # 60910 Law Offices of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: 5 / 4 d r'? cis i7 ` u n :-..7G. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant CIVIL ACTION - LAW No.: 06-2851 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER David B. Fetchen, Plaintiff, moves the court to appoint a master with respect to the following claims: Distribution of Property. And in support of the motion states: (1) Discovery is not complete as to the claim for which the appointment of a Master is requested. (2) The defendant has appeared in the action by her attorney, Charles Rector, Esquire. (3) The Statutory grounds for divorce are Divorce Code, sections 3301(ax6), 3301(c), and 3301(d). (4) The action involves complex issues of law or fact. (5) The action is contested with respect to the following claims: distribution of property (6) The hearing is expected to take two (2) hours. -7 Date: Resp 11 uire Andrew hmql Attorney for Plaintiff i -OL CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Motion for Appointment of Master, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: 9- - 0 I Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) {f .. X IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant CIVIL ACTION - LAW No.: 06-2851 IN DIVORCE INVENTORY OF PLAINTIFF DAVID B. FETCHEN Plaintiff, Dave B. Fetchen, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets of the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes O 8. Trusts (X-) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties (X) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officeldirector positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. N ilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (including as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item number Description ofproDerty Owners 1 Marital residence H/W 37 Derbyshire Drive, Carlisle, PA 17013 2 33 shares of Kaman common stock H 3 Kaman Corp. Thrift and Retirement Plan H - includes ORS Nasco In. c 401 4 ROTH IRA: 4NS-197729 H 5 TIAA CREF W 6 FEDELITY: ENV#40011325 W 7 Rollover Individual Retirement H 8 State Farm Life Insurance W 1032-5576-D 9 1994 Mazda NM H 10 Insurance proceeds form Jetta W 11 Musical Equipment H 12 Household Furnishings H/W NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable inters which is claimed to be excluded from marital property: Item number Description of Rronerty Reason for exclusion 13 M&T Checking Account Opened after DOS 9843045338 14 CZ-75B 9mm Purchased after DOS PROPERTY TRANSFERRED Item number Description Transfer date Consideration Person to whom transferred LIABILITIES Item number Description Creditors b rs 15 Mortgage Citi Corp. H/W Date: ?- (O "0 Respectfully Andrew A Shaw, Esquire Court I.D. # 87371 200 S. Spring Garden St. Suite 11 Carlisle, Pa 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Plaintiff VERIFICATION I, David Fetchen, verify that the statements made in this Inventory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: O"Z9' David Fetchen CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Inventory of Plaintiff David B. Fetchen, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: ?",/- 0 7 Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) f?o " j 7 ;-7 SEP 0 7 2001,01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant CIVIL ACTION - LAW No.: 06-2851 IN DIVORCE ORDER APPOINTING MASTERi AND NOW this 1?' day of 2007, ,( (.? • IX? e',a Esquire is appointed master with respect to the following claims: Distribution of Property. BY URT: v 1 G? J. A' ` K h? d3S t R AD wry' "- DAVID B. FETCHEN, PlaintiffiPetitioner V. CYNTHIA ANN FETCHEN, DefendantlRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW comes Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff, David B. Fetchen, an adult individual currently residing at 5207 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Cynthia Ann Fetchen, currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce on May 18, 2006. 4. On January 30, 2007 Petitioner filed a Petition for Special Relief requesting exclusive possession of the marital home. 5. Upon agreement of the parties an Order was issued May 18, 2007 granting exclusive possession of the marital home to the Respondent. (See attached Exhibit "A") 6. The relevant paragraph of the May 18, 2007 Order is paragraph #5: Neither party shall harass, stalk or annoy the other. 7. The Respondent has repeatedly made telephone calls to the Petitioner's cell phone for no reasonable reason, other than to harass and annoy the Petitioner. 8. The Respondent has repeatedly made telephone calls to the Petitioner at his work for no reasonable reason, other than to harass and annoy the Petitioner. 9. The Respondent has repeatedly made telephone calls to the Petitioner's mother for no reasonable reason, other than to harass and annoy the Petitioner and his mother 10. On or about December 10, 2007, Respondent called Petitioner and left a message that caused Respondent to feel threatened. 11. Respondent repeatedly called Petitioner on Christmas Eve and Christmas day, again with no reasonable reason, other than to harass and annoy the Petitioner. 12. Said telephone calls from Respondent to Petitioner's cellular phone have been at varying times of the day, including multiple calls during the hours of 2:00 a.m. and 3:00 a.m. 13. Respondent is aware that Petitioner uses his cell phone for his employment and that Petitioner must have his phone with him at all times, including when Petitioner is sleeping. 14. Petitioner has sent five letters to Respondent's attorney requesting that the harassing behavior stop. (See attached Exhibits "B" - "F"). 15. Petitioner knows of no legitimate reason why Respondent would need to contact Petitioner. 16. Petitioner requested on multiple occasions that any necessary contact go through the Parties' attorneys. 17. Despite the numerous requests to Respondent's attorney for the harassing behavior to stop, Respondent has continued to harass and annoy the Petitioner. THEREFORE, Petitioner respectfully requests this Honorable Court to find the Respondent, Cynthia Ann Fetchen, in contempt of the May 18, 2007 Order of court and further direct her to pay Petitioner for all attorney's fees, costs and any other fees related to the filing of this Petition. Respectfully Submitted, Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Petitioner 200 S. Spring Garden Street Suite 11 VERIFICATION I, David Fetchen, verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: 0-7 " -?' _r David Fetchen DAVID B. FETCHEN, PlaintiWPetitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CYNTHIA ANN FETCHEN, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW on this 18th day of May, 2007, upon agreement of the parties related to the Petition for Exclusive Possession filed by Plaintiff/Petitioner, it is hereby ORDERED as follows: 1. Cynthia Fetchen is awarded exclusive possession of the marital residence located at 37 Derbyshire Drive, Carlisle, Pennsylvania. 2. David Fetchen shall be permitted to remove items of his personalty, and any other items of property mutually agreed upon between the parties, within 2 weeks of the date of the Order. 3. Cynthia shall be solely responsible for any and all mortgage payments, taxes, water and sewer bills, utilities, and any other bills associated with the marital residence. Cynthia reserves the right to seek credit of mortgage payments and tax payments at Equitable Distribution. 4. Cynthia shall provide proof to David that the mortgage payment has been received by the mortgage company by the 10th day of each month. If the mortgage payment has not been received by the 10t` day of the month, David shall have the opportunity to make the mortgage payment. In the event David makes the mortgage payment under the terms above, Cynthia shall reimburse David within 10 days of the date he made the payment. 5. Neither party shall harass, stalk or annoy the other. The above Order shall be in effect until this matter is resolved through an agreement of the parties or this Court enters a subsequent order. BY THE COURT: M REGORV I ., 9 h,711-m unto& my t a?. r 7,i __.day? LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 254-1776 (phone) (717) 254-1794 (fax) ashawlaw@comcast.net September 7, 2006 Charles Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: My client has informed me that your client has made various threats to my client, including filing a frivolous PFA and also reporting to the State Police various actions by my client that did not occur. I have spoken with the State Police, and they have informed me that your client did not notify them, and they have no knowledge of a PFA being filed against my client. Further, your client told my client that she was changing the locks on the house and that he was not permitted to re-enter the home. First, your client must discontinue the harassing telephone calls and threats toward my client. I have instructed my client not to file harassment charges, but he will be forced to take some form of legal action if your client continues this course of conduct. Second, my client must be granted access to the marital home. At this point, there is no PFA order against my client, nor does your client have exclusive possession of the home. My client has left medications in the marital home that he must take. He is currently out of the state, but must have access to the house by this Saturday, September 9, 2006. If my client is denied access, or if your client has changed the locks, he will be forced to hire a locksmith to gain entry. Any expenses in gaining entry to the marital residence incurred by my client will be attributed against your client in the divorce proceedings. EXHIBIT Charles Rector, Esquire Page 2 September 7, 2006 If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. Thank you. cc: David Fetchen Very truly yours, In't r -? Andrew H. Shaw, Esquire LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net June 19, 2007 VIA FACSIMILE AND FIRST-CLASS MAIL Andrea Hudak Duffy, Esquire Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Ms. Duffy: I am writing regarding two issues related to the above-captioned matter. First, it is my understanding I have provided you with all of the documentation you have requested. I believe that you should be in a position to make a proposal of settlement, as you indicated you were going to do. Second, your client has continued to contact my client to the point that has become harassing and annoying. On multiple occasions within the last week, your client has called my client's cell phone at 5:30 a.m. and 6:00 a.m. regarding issues that were not emergencies. Further, there have been other occasions where you client has called and allowed the phone to ring but not leave a message, or would hang up when my client answered the phone. At this point, my client is requesting that your client not contact him via telephone. The level and manner of contact has become harassing and annoying. There is no reason why your client should have to contact my client, so this should not be a problem. If this kind of contact continues, we will be forced to file a Petition for Contempt with the court, as the recent order for exclusive possession specifically states that neither party shall harass or annoy the other. EHIEXSIT Andrea Hudak Duffy, Esquire June 19, 2007 Page 2 If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. I look forward to hearing from you soon with a settlement proposal. Thank you. Very tr& yours, Andrew H. cc: David Fetchen v LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net August 16, 2007 VIA FACSIMILE AND FIRST-CLASS MAIL Charles Rector, Esquire Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: By letter dated June 19, I addressed the harassing communication behavior of your client. This is now the second letter regarding this issue. The Order granting your client exclusive possession of the marital residence specifically states that "neither party shall harass, stalk or annoy the other". Your client has repeatedly called my client, harassing and annoying him regarding unnecessary issues. On August 14, 2007 your client telephoned my client five times within a twelve hour period. Your client then proceeded to call my client at 3:30 a.m. the morning of August 15. This harassing behavior must stop. If your client continues in her harassing behavior towards my client, we will be forced to file contempt charges against your client. This is the last warning letter. Your prompt attention to this matter is appreciated. Thank you. Very t ly yours, Andrew H. Shaw, Esquire cc: David Fetchen EXHIBIT Q 12?'? LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net September 14, 2007 VIA FACSIMILE AND FIRST-CLASS MAIL Charles Rector, Esquire Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: By previous letters, I addressed the harassing communication of your client through continuously calling my client's cell phone. Your client has now taken a step even further towards harassing my client by now calling him at his place of employment. This is absolutely unacceptable and will be addressed if she makes one more telephone call to him at work. There is no reason at all that your client should call my client at his work telephone number. There is really no reason at all that she should contact him on any telephone. My client is tired of continually being harassed and annoyed by repeated telephone calls by your client, to not only his cell phone, but now at work as well. If he receives one more telephone call from her, at work or on his cell phone, he will file a Petition for Contempt. Since addressing these matters, my client has downloaded 3 CD's (20 to 30 minutes long each) of unsolicited, harassing voicemails from your client. This absolutely must stop. Your prompt attention to this matter is appreciated. Thank you. Very ly yy , Andrew H. Sha squire cc: David Fetchen EXHIBIT I _ E_ j. LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net November 28, 2007 VIA FACSIMILE AND FIRST-CLASS MAIL Charles Rector, Esquire Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: Your client recently left a voice mail on my client's cell phone that she was getting rid of one of the parties' cats. She further stated that she was ripping up some of the carpets in the marital residence. Please confirm if any of this information is accurate. First, your client should not be disposing of pets that are owned by both parties. Second, your client should not be significantly altering the property in a way that could negatively affect the value of the marital residence. Any loss of value in the property will be held against your client. Please confirm the accuracy of the information provided by your client in her voice mail to my client. I look forward to hearing from you soon. Thank you. Very truly yours, Andrew H. S aw, Esquire cc: David Fetchen EXHIBIT CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Contempt, was served this date on the below named, by facsimile and by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: f ??Q '-0-7 Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) c-? ? o C. ' T - i rt ril C .. Ct) 4 1 1{~7 k t 5i .? t?z ? . r V. DEC 312007 Yy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. FETCHEN, Plaintiff/Petitioner No.: 06-2851 CIVIL ACTION - LAW CYNTHIA ANN FETCHEN, Defendant/Respondent IN DIVORCE RULE TO SHOW CAUSE a AND NOW, this 5 day of -Sav%%JG1 j ZQ?Q , upon consideration of Defendant's Petition For Contempt, IT IS HEREBY ORDERED AND DIRECTED THAT: 1. A rule is issued upon Respondent to show cause why Petitioner's Petition should not be granted. 2. Respondent shall file an Answer on or before 7o,%Lss0-y 2008. 3. If no Answer to the Rule to Show Cause is filed by the required date, the relief requested by Respondent shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Respondent files an Answer to this Rule to Show Cause, and the Answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. 5 ,la'? ' p 4h6 rvu -0 4w r:IIN' . 'Jt SNN:T J ? i? 3,s f ?d t y z r. E?,y AbVJ. NO,Hlvrd 3H. ?O 3JI-'I-'", MW DAVID B. FETCHEN, Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff, David B. Fetchen, an adult individual currently residing at 5207 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Cynthia Ann Fetchen, currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce on May 18, 2006. 4. On January 30, 2007 Petitioner filed a Petition for Special Relief requesting exclusive possession of the marital home. 5. Upon agreement of the parties an Order was issued May 18, 2007 granting exclusive possession of the marital home to the Respondent. (See Order attached as Exhibit "A".) 6. The relevant paragraph of the May 18, 2007 Order is paragraph #5: Neither party shall harass, stalk or annoy the other. 7. The Respondent has repeatedly made telephone calls to the Petitioner's cell phone, at his work and to his mother, for no reasonable reason, other than to harass and annoy the Petitioner. 8. On or about December 28, 2007, Petitioner filed a Petition For Contempt as a result of the repeated telephone calls. (See Petition attached as Exhibit `B".) 9. On or about January 3, 2008, this Honorable Court issued a Rule To Show Cause to Respondent as to why she should not be found in contempt. (See Order attached as Exhibit "C".) 10. Since receipt of the Petition For Contempt, Respondent has increased the frequency of telephone calls to Petitioner. 11. From January 10, 2008 to January 13, 2008, Respondent called Petitioner's cell phone 13 times. 12. Respondent is aware that Petitioner uses his cell phone for his employment and that Petitioner must have his phone with him at all times, including when Petitioner is sleeping. 13. Petitioner knows of no legitimate reason why Respondent would need to contact Petitioner. 14. Petitioner requested on multiple occasions that any necessary contact go through the Parties' attorneys. 15. Despite Petitioner's numerous requests to Respondent's attorney for the harassing behavior to stop, and Petitioner filing a Petition For Contempt, Respondent has continued to call Petitioner's cell phone for no reasonable reason. 16. Petitioner is filing this Petition to request the Honorable Court to Order that no further telephone contact, or any other contact be made by Respondent to Petitioner, except through parties' counsel, pending the outcome of the Petition For Contempt filed earlier by Petitioner. 17. The Honorable M.L. Ebert, Jr. has ruled upon other related issues in this matter. 18. Counsel for Respondent does not concur in this Petition. WHEREFORE, Petitioner respectfully requests this Honorable Court to issue an Order that the Respondent, Cynthia Ann Fetchen, shall not contact Petitioner, David B. Fetchen, by any means, specifically including any form of telephone or personal contact and excluding contact through the parties' respective counsel. Respectfully Submitted, Date: /"/??- _ By: Andrew H. Shaw, Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Petitioner VERIFICATION I, David Fetchen, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: David Fetchen DAVID B. FETCHEN, Plaind"etitioner V. CYNTHIA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW on this 18th day of May, 2007, upon agreement of the parties related to the Petition for Exclusive Possession filed by Plaintiff/Petitioner, it is hereby ORDERED as follows: 1. Cynthia Fetchen is awarded exclusive possession of the marital residence located at 37 Derbyshire Drive, Carlisle, Pennsylvania. 2. David Fetchen shall be permitted to remove items of his personalty, and any other items of property mutually agreed upon between the parties, within 2 weeks of the date of the Order. 3. Cynthia shall be solely responsible for any and all mortgage payments, taxes, water and sewer bills, utilities, and any other bills associated with the marital residence. Cynthia reserves the right to seek credit of mortgage payments and tax payments at Equitable Distribution. 4. Cynthia shall provide proof to David that the mortgage payment has been received by the mortgage company by the 10th day of each month. If the mortgage payment has not been received by the 10`h day of the month, David shall have the opportunity to make the mortgage payment. In the event David makes the mortgage payment under the terms above, Cynthia shall reimburse David within 10 days of the date he made the payment. 5. Neither party shall harass, stalk or annoy the other. EXHIBIT ,A The above Order shall be in effect until this matter is resolved through an agreement of the parties or this Court enters a subsequent order. BY THE COURT: ' RECORD' unto s0myz?-ow so Of Sail. bGa, pa idk 'f* wr 7 t\om DAVID B. FETCHEN, Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - o N n C No.. 06-2851 rr -'? CIVIL ACTION - LA C° IN DIVORCE _ _ ` ~ rn ' j (70 co PETITION FOR CONTEMPT AND NOW comes Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff, David B. Fetchen, an adult individual currently residing at 5207 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Cynthia Ann Fetchen, currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce on May 18, 2006. 4. On January 30, 2007 Petitioner filed a Petition for Special Relief requesting exclusive possession of the marital home. 5. Upon agreement of the parties an Order was issued May 18, 2007 granting exclusive possession of the marital home to the Respondent. (See attached Exhibit "A") 6. The relevant paragraph of the May 18, 2007 Order is paragraph #5: Neither party shall harass, stalk or annoy the other. 7. The Respondent has repeatedly made telephone calls to the Petitioner's cell phone for no reasonable reason, other than to harass and annoy the Petitioner. EXHIBIT 11 .1 R it I 8. The Respondent has repeatedly made telephone calls to the Petitioner at his work for no reasonable reason, other than to harass and annoy the Petitioner. 9. The Respondent has repeatedly made telephone calls to the Petitioner's mother for no reasonable reason, other than to harass and annoy the Petitioner and his mother 10. On or about December 10, 2007, Respondent called Petitioner and left a message that caused Respondent to feel threatened. 11. Respondent repeatedly called Petitioner on Christmas Eve and Christmas day, again with no reasonable reason, other than to harass and annoy the Petitioner. 12. Said telephone calls from Respondent to Petitioner's cellular phone have been at varying times of the day, including multiple calls during the hours of 2:00 a.m. and 3:00 a.m. 13. Respondent is aware that Petitioner uses his cell phone for his employment and that Petitioner must have his phone with him at all times, including when Petitioner is sleeping. 14. Petitioner has sent five letters to Respondent's attorney requesting that the harassing behavior stop. (See attached Exhibits "B" - "F"). 15. Petitioner knows of no legitimate reason why Respondent would need to contact Petitioner. 16. Petitioner requested on multiple occasions that any necessary contact go through the Parties' attorneys. 17. Despite the numerous requests to Respondent's attorney for the harassing behavior to stop, Respondent has continued to harass and annoy the Petitioner. THEREFORE, Petitioner respectfully requests this Honorable Court to find the Respondent, Cynthia Ann Fetchen, in contempt of the May 18, 2007 Order of court and further direct her to pay Petitioner for all attorney's fees, costs and any other fees related to the filing of this Petition. Remectfiflly I.RnhmittPrl Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Petitioner 200 S. Spring Garden Street Suite 11 VERIFICATION I, David Fetchen, verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: 0 / David Fetchen DAVID B. FETCHEN, PlaintifVPetitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CYNTHIA ANN FETCHEN, Defendant/Respondent CIVIL ACTION - LAW ORDER AND NOW on this 18th day of May, 2007, upon agreement of the parties related to the Petition for Exclusive Possession filed by Plaintiff/Petitioner, it is hereby ORDERED as follows: Cynthia Fetchen is awarded exclusive possession of the marital residence located at 37 Derbyshire Drive, Carlisle, Pennsylvania. 2. David Fetchen shall be permitted to remove items of his personalty, and any other items of property mutually agreed upon between the parties, within 2 weeks of the date of the Order. 3. Cynthia shall be solely responsible for any and all mortgage payments, taxes, water and sewer bills, utilities, and any other bills associated with the marital residence. Cynthia reserves the right to seek credit of mortgage payments and tax payments at Equitable Distribution. 4. Cynthia shall provide proof to David that the mortgage payment has been received by the mortgage company by the I Oh day of each month. If the mortgage payment has not been received by the 10th day of the month, David shall have the opportunity to make the mortgage payment. In the event David makes the mortgage payment under the terms above, Cynthia shall reimburse David within 10 days of the date he made the payment. 5. Neither party shall harass, stalk or annoy the other. IXM / BR it - I IN DIVORCE The above Order shall be in effect until this matter is resolved through an agreement of the parties or this Court enters a subsequent order. BY THE COURT: AWE WPY M REOURV T WIMP-, .. ? hart canto S y th d SeW of k , Pa, fil J/? LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 254-1776 (phone) (717) 254-1794 (fax) ashawlaw@comcast.net September 7, 2006 Charles Rector, Esquire 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: My client has informed me that your client has made various threats to my client, including filing a frivolous PFA and also reporting to the State Police various actions by my client that did not occur. I have spoken with the State Police, and they have informed me that your client did not notify them, and they have no knowledge of a PFA being filed against my client. Further, your client told my client that she was changing the locks on the house and that he was not permitted to re-enter the home. First, your client must discontinue the harassing telephone calls and threats toward my client. I have instructed my client not to file harassment charges, but he will be forced to take some form of legal action if your client continues this course of conduct. Second, my client must be granted access to the marital home. At this point, there is no PFA order against my client, nor does your client have exclusive possession of the home. My client has left medications in the marital home that he must take. He is currently out of the state, but must have access to the house by this Saturday, September 9, 2006. If my client is denied access, or if your client has changed the locks, he will be forced to hire a locksmith to gain entry. Any expenses in gaining entry to the marital residence incurred by my client will be attributed against your client in the divorce proceedings. EXHIBIT Charles Rector, Esquire Page 2 September 7, 2006 If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. Thank you. cc: David Fetchen Very truly yours, j? Andrew H. Shaw, Esquire LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net June 19, 2007 VIA FACSIMILE AND FIRST-CLASS MAIL Andrea Hudak Duffy, Esquire Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Ms. Duffy: I am writing regarding two issues related to the above-captioned matter. First, it is my understanding I have provided you with all of the documentation you have requested. I believe that you should be in a position to make a proposal of settlement, as you indicated you were going to do. Second, your client has continued to contact my client to the point that has become harassing and annoying. On multiple occasions within the last week, your client has called my client's cell phone at 5:30 a.m. and 6:00 a.m. regarding issues that were not emergencies. Further, there have been other occasions where you client has called and allowed the phone to ring but not leave a message, or would hang up when my client answered the phone. At this point, my client is requesting that your client not contact him via telephone. The level and manner of contact has become harassing and annoying. There is no reason why your client should have to contact my client, so this should not be a problem. If this kind of contact continues, we will be forced to file a Petition for Contempt with the court, as the recent order for exclusive possession specifically states that neither party shall harass or annoy the other. EXHIBIT Andrea Hudak Duffy, Esquire June 19, 2007 Page 2 If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. I look forward to hearing from you soon with a settlement proposal. Thank you. Very trXly yours, Andrew H. cc: David Fetchen LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net August 16, 2007 VIA FACSIMILE AND FIRST-CLASS MAIL Charles Rector, Esquire Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: By letter dated June 19, I addressed the harassing communication behavior of your client. This is now the second letter regarding this issue. The Order granting your client exclusive possession of the marital residence specifically states that "neither party shall harass, stalk or annoy the other". Your client has repeatedly called my client, harassing and annoying him regarding unnecessary issues. On August 14, 2007 your client telephoned my client five times within a twelve hour period. Your client then proceeded to call my client at 3:30 a.m. the morning of August 15. This harassing behavior must stop. If your client continues in her harassing behavior towards my client, we will be forced to file contempt charges against your client. This is the last warning letter. Your prompt attention to this matter is appreciated. Thank you. Very t ly yofurs, Andrew H. Shaw; Esquire cc: David Fetchen EXHIBIT LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net September 14, 2007 VIA FACSIMILE AND FIRST-CLASS MAIL Charles Rector, Esquire Law Office of Charles Rector, Esquire, P.C. 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: By previous letters, I addressed the harassing communication of your client through continuously calling my client's cell phone. Your client has now taken a step even further towards harassing my client by now calling him at his place of employment. This is absolutely unacceptable and will be addressed if she makes one more telephone call to him at work. There is no reason at all that your client should call my client at his work telephone number. There is really no reason at all that she should contact him on any telephone. My client is tired of continually being harassed and annoyed by repeated telephone calls by your client, to not only his cell phone, but now at work as well. If he receives one more telephone call from her, at work or on his cell phone, he will file a Petition for Contempt. Since addressing these matters, my client has downloaded 3 CD's (20 to 30 minutes long each) of unsolicited, harassing voicemails from your client. This absolutely must stop. Your prompt attention to this matter is appreciated. Thank you. Very 4Sha Andrewsquire cc: David Fetchen EXHIBIT LAW OFFICE OF ANDREW H. SHAW 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comeast.net November 28, 2007 VIA FACSIMILE AND FIRST-CLASS MAIL Charles Rector, Esquire Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: Your client recently left a voice mail on my client's cell phone that she was getting rid of one of the parties' cats. She further stated that she was ripping up some of the carpets in the marital residence. Please confirm if any of this information is accurate. First, your client should not be disposing of pets that are owned by both parties. Second, your client should not be significantly altering the property in a way that could negatively affect the value of the marital residence. Any loss of value in the property will be held against your client. Please confirm the accuracy of the information provided by your client in her voice mail to my client. I look forward to hearing from you soon. Thank you. Very truly yours, Andrew H. S aw, Esquire cc: David Fetchen EXHIBIT CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Contempt, was served this date on the below named, by facsimile and by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: f f 1' ?? ?i i -- Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) DEC 812007,ed DAVID B. FETCHEN, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN, Defendant/Respondent No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of ,V 8 upon consideration of Defendant's Petition For Contempt, IT IS HEREBY ORDERED AND DIRECTED THAT: 1. A rule is issued upon Respondent to show cause why Petitioner's Petition should not be granted. 2. Respondent shall file an Answer on or before a oZ , 2008. 3. If no Answer to the Rule to Show Cause is filed by the required date, the relief requested by Respondent shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Respondent files an Answer to this Rule to Show Cause, and the Answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition For Special Relief, was served this date on the below named, by facsimile and by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: / / y V /?•drew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) ?',r.a C? c:: Tl ? t.. ? ;"1 -?= "'1 ?? j -?° ?t `` 1;.:` DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2851 CIVIL CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 15th day of January, 2008, upon consideration of the Plaintiff's Emergency Petition for Special Relief filed January 14, 2008, and the Court being aware that the Plaintiff has also filed a Petition for Contempt alleging basically the same conduct on December 28, 2007, IT IS HEREBY ORDERED AND DIRECTED that pursuant to this Court's previous Order of January 3, 2008, the Defendant shall file an Answer to both the Petition for Contempt and the Emergency Petition for Special Relief on or before January 24, 2008. IT IS FURTHER ORDERED AND DIRECTED that pending further Order of Court the Defendant, Cynthia Ann Fetchen, shall have absolutely no contact, verbal, written, telephonic or electronic with the Plaintiff. A hearing in this matter shall be held on Friday, April 11, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Andrew H. Shaw, Esquire Attorney for Plaintiff Charles Rector, Esquire Attorney for Defendant bas ,?,t, ?.'?ta?? t a t =. ..b`-? ...._ .. DAVID B. FETCHEN Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2851 Civil Term CIVIL ACTION -LAW IN DIVORCE ANSWER OF DEFENDANT, CYNTHIA ANN FETCHEN, TO PETITION FOR CONTEMPT & COUNTERCLAIM FOR CONTEMPT AND NOW, comes the Defendant/Respondent, Cynthia Ann Fetchen, by and through her attorney, Charles Rector, Esquire, and files the within Answer to Plaintiff's Petition for Contempt and Counterclaim for Contempt: Answer 1. through 5. Admitted. 6. No answer required. 7. Denied. Paragraph 7 constitutes a series of legal conclusions which require no answer and are deemed denied and proof thereof is demanded. By way of further answer, Respondent, who enjoys exclusive possession of the marital home, has contacted Petitioner inter alia, to advise of a damaged water pipe, difficulties with pets and has further telephoned Petitioner in response to his phone calls to her. 8. Denied. Paragraph 8 constitutes a series of legal conclusions which require no answer and are deemed denied and proof thereof is demanded. By way of further answer, Respondent, who enjoys exclusive possession of the marital home, has contacted Petitioner inter alia, to advise of a damaged water pipe, difficulties with pets 1 0. and has further telephoned Petitioner in response to his phone calls to her and to thank him for returning her firearm. 9. Denied. Paragraph 9 constitutes a series of legal conclusions which require no answer and are deemed denied and proof thereof is demanded. By way of further answer, Respondent enjoys and amicable relationship with Petitioner's mother, who is not subject to the parties' agreement and Order for exclusive possession, granted May 18, 2007. 10. Denied. Respondent at no time contacted Petitioner on December 10, 2007 and proof thereof is demanded and the same is deemed denied. 11. Denied. Paragraph 11 constitutes a series of legal conclusions which require no answer and are deemed denied and proof thereof is demanded. By way of further answer, Respondent telephoned Petitioner and wished him "Merry Christmas". 12. Admitted. By way of further answer, because of Respondent's work schedule as a registered nurse, her intention was to merely leave a message rather than speak to Petitioner. 13. Admitted. By way of further answer, Petitioner, throughout the marriage, kept his cell phone on the dining room table so that he would not be disturbed. 14. Admitted. 15. Denied. Petitioner, having received call backs from Respondent after himself initiating multiple telephone calls to her, on a variety of matters during the past several months, is comparable to the proverbial child, who, after murdering his parents, begs for the mercy of the court because he is now an orphan. 16. Admitted in part and denied in part. Despite requesting that contact occur between counsel, Petitioner continues to contact Respondent as well. By way of further answer, Petitioner continued to come to the house until Respondent changed the locks. 17. Denied. Paragraph 17 constitutes a series of legal conclusions which require no answer and are deemed denied and proof thereof is demanded. To the extent that any further answer is required, it is denied that Respondent has at any time harassed and/or annoyed Petitioner and proof thereof is demanded. WHEREFORE, Respondent respectfully requests that your Honorable Court deny Petitioner's Petition for Contempt. Counterclaim 18. Paragraphs 1 through 17 above are incorporated herein by reference as if set forth in full. 19. On various occasions following entry of the Court's exclusive possession Order of May 18, 2007, Petitioner has telephoned Respondent, Cynthia Ann Fetchen, the most recent occurrence of which took place on Saturday, January 12, 2008, at 6:31 pm. 20. Petitioner also admitted to Respondent, Cynthia Ann Fetchen, that the substance of his own Contempt Petition was false and that he authorized its' filing as an attempt to force settlement of the case. 21. Petitioner's acknowledged false claims against Respondent, Cynthia Ann Fechen, which claims have caused Respondent significant legal fees, constitute "obdurate and vexatious" behavior so as to entitle Respondent, Cynthia Ann Fetchen, to an award of counsel fees. WHEREFORE, Respondent, Cynthia Ann Fetchen, requests that your Honorable Court adjudge David B. Fetchen in contempt and further direct him to pay her counsel fees and for such other relief as the Court deems just and appropriate. Respectfully submitted: 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: <s (° I verify that the statements made herein 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. C,/? Cyn is Ann Fetchen Date: /-/.S- 0$' CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 15th day of January, 2008, I caused a true and correct copy of the within Answer & Counterclaim to Plaintiff's Petition for Contempt to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Ste. 11 Carlisle, PA 17013 Sl By: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: I !? ?-., rv «? rr??? " _ - ,_ ?} _ .. ? ? _ ca.? ,, ? ,_,: A. DAVID B. FETCHEN Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2851 Civil Term CIVIL ACTION - LAW IN DIVORCE ANSWER OF DEFENDANT, CYNTHIA ANN FETCHEN, TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Defendant/Respondent, Cynthia Ann Fetchen, by and through her attorney, Charles Rector, Esquire, and files the within Answer to Plaintiff's Emergency Petition for Special Relief. 1. through 5. Admitted. 6. No answer required. 7. Denied. Paragraph 7 constitutes a series of legal conclusions which require no answer and are deemed denied and proof thereof is demanded. By way of further answer, Respondent, who enjoys exclusive possession of the marital home, has contacted Petitioner inter alia, to advise of a damaged water pipe, difficulties with pets and has further telephoned Petitioner in response to his phone calls to her. Respondent enjoys an amicable relationship with Petitioner's mother, who is not subject to the parties' agreement and Order for exclusive possession, granted May 18, 2007. 8. Admitted. 9. Admitted. 4. 10. Denied. It is denied that Respondent has increased the frequency of telephone calls to Petitioner since receipt of the Petition for Contempt and proof thereof is demanded and the same is deemed denied. By way of further answer, on January 12, 2008, Petitioner telephoned Respondent. Her subsequent calls to him were in response to and a follow-up to questions raised by him regarding payment of the home mortgage. 11. Denied. It is denied that Respondent contacted Petitioner 13 times between January 10, 2008 and January 13, 2008. By way of further answer, on January 12, 2008, Petitioner telephoned Respondent. Her subsequent calls to him were in response to and a follow-up to questions raised by him regarding payment of the home mortgage. 12. Admitted. By way of further answer, Petitioner, throughout the marriage, kept his cell phone on the dining room table so that he would not be disturbed. 13. Denied. It is denied that Petitioner knows of no legitimate reason why Respondent called him and proof thereof is demanded. By way of further answer, on January 12, 2008, Petitioner telephoned Respondent. Her subsequent calls to him were in response to and a follow-up to questions raised by him regarding payment of the home mortgage. 14. Admitted. 15. Admitted in part and denied in part. It is admitted that Petitioner, through his attorney, has requested that Respondent not engage in harassing behavior. It is denied that Respondent has engaged in harassing behavior and further denied that she has L contacted Petitioner for "no reasonable reason" and proof thereof is demanded. By way of further answer, on January 12, 2008, Petitioner telephoned Respondent. Her subsequent calls to him were in response to and a follow-up to questions raised by him regarding payment of the home mortgage. 16. Admitted. However, Petitioner, after contacting Respondent by telephone and asking certain questions about the home mortgage, should not now whine about receiving return telephone calls about the status of the home mortgage. Petitioner should stop contacting Respondent and discontinue the telephone activity of which he is now complaining. 17. Admitted. 18. Admitted. WHEREFORE, Respondent respectfully requests that your Honorable Court deny Petitioner's request for special relief and for such other relief as the Court deems just and appropriate. Respectfully su (Charles Re or, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: i LJ `'t ' 0 1% I verify that the statements made herein 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. Cynthia Fetchen /s/ Cynthia Ann Fetchen Date: 1/24/08 CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 24th day of January, 2008, I caused a true and correct copy of the within Answer to Emergency Petition for Special Relief to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Andrew H. Shaw, Esquire Law Office of Andrew H. Shaw 200 S. Spring Garden Street, Ste. 11 Carlisle, PA 17013-2578 By:. Charles Rector, quire 1104 Fernwood venue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 a? Date: /j ??> ?, _? - -? ` _; .. -? x c? _ ,?.-? .? , ,Yi y ` ?: r ,? -. r,. c? , 4 DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW Defendant NO. 06-2851 CIVIL TERM IN RE: PETITION FOR CONTEMPT & EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 11th day of April, 2008, upon consideration of Plaintiff's Petition for Contempt and Emergency Petition for Special Relief and after hearing in the matter, the Court does find beyond a reasonable doubt that the Defendant is in contempt of the order of court dated May 18th, 2007, and the order of court dated January 15th, 2008. The sentence of the Court on this matter is that the Defendant will pay attorney's fees in the amount of $1,740.00. The Court will grant the Petition for Special Relief. Defendant shall have absolutely no contact, verbal, written, telephonic, or electronic with the Plaintiff. Any contact regarding this divorce or any other matter shall be through counsel. By the Court, ?* -? ?AA M. L. Ebert, Jr., 8 1 .c Il8 8 6 ?8V BUZ i ? Andrew H. Shaw, Esquire For the Plaintiff " Jeanne B. Costopoulos, Esquire For the Defendant :lfh 1 /C> DAVID B. FETCHEN, Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW comes Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff, David B. Fetchen, an adult individual currently residing at 5207 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Cynthia Ann Fetchen, currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce on May 18, 2006. 4. On April 11, 2008 this Honorable Court found Respondent in Contempt of the Order dated May 18, 2007 and the Order dated January 15, 2008. (See attached Exhibits "A", "B" and "C") 5. Despite the clear language in the Orders, Respondent contacted Petitioner by cellular phone on Sunday, May 4, 2008. 6. Said contact by Respondent was in violation of the Order dated April 11, 2008. 7. Concurrence in this Petition was sought from Respondent's Counsel of record, Charles Rector, Esquire, Attorney Rector does not concur in this Petition. 8. The Honorable M.L. Ebert has ruled upon other related issues in this matter. WHEREFORE, Petitioner respectfully requests this Honorable Court to find the Respondent, Cynthia Ann Fetchen, in contempt of the April 11, 2008 Order of court and further direct her to pay Petitioner for all attorney's fees, costs and any other fees related to the filing of this Petition. Respectfully By: Andrew H. Shaw, Lsquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Petitioner VERIFICATION I, David Fetchen, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: David Fetchen DAVID B. FETCHEN, Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW on this 18th day of May, 2007, upon agreement of the parties related to the Petition for Exclusive Possession filed by Plaintiff/Petitioner, it is hereby ORDERED as follows: 1. Cynthia Fetchen is awarded exclusive possession of the marital residence located at 37 Derbyshire Drive, Carlisle, Pennsylvania. 2.. David Fetchen shall be permitted to remove items of his personalty, and any other items of property mutually agreed upon between the parties, within 2 weeks of the date of the Order. 3. Cynthia shall be solely responsible for any and all mortgage payments, taxes, water and sewer bills, utilities, and any other bills associated with the marital residence. Cynthia reserves the right to seek credit of mortgage payments and tax payments at Equitable Distribution. 4. Cynthia shall provide proof to David that the mortgage payment has been received by the mortgage company by the l 0a' day of each month. If the mortgage payment has not been received by the I e day of the month, David shall have the opportunity to make the mortgage payment. In the event David makes the mortgage payment under the terms above, Cynthia shall reimburse David within 10 days of the date he made the payment. 5. Neither party shall harass, stalk or annoy the other. EXHIBIT The above Order shall be in effect until this matter is resolved through an agreement of the parties or this Court enters a subsequent order. BY THE COURT: JI, C rWIE COPY FROM V so >W of said , Pa. a? Of" fty O DAVID B. FETCHEN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2851 CIVIL CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 15'h day of January, 2008, upon consideration of the Plaintiff's Emergency Petition for Special Relief filed January 14, 2008, and the Court being aware that the Plaintiff has also filed a Petition for Contempt alleging basically the same conduct on December 28, 2007, IT IS HEREBY ORDERED AND DIRECTED that pursuant to this Court's previous Order of January 3, 2008, the Defendant shall file an Answer to both the Petition for Contempt and the Emergency Petition for Special Relief on or before January 24, 2008. IT IS FURTHER ORDERED AND DIRECTED that pending further Order of Court the Defendant, Cynthia Ann Fetchen, shall have absolutely no contact, verbal, written, telephonic or electronic with the Plaintiff. A hearing in this matter shall be held on Friday, April 11, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Andrew H. Shaw, Esquire Attorney for Plaintiff Charles Rector, Esquire Attorney for Defendant bas EXHIBIT M. L. Ebert, Jr., J. a"' is 'i .-- ?o;,;:srY t' i DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW Defendant NO. 06-2851 CIVIL TERM IN RE: PETITION FOR CONTEMPT & EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 11th day of April, 2008, upon consideration of Plaintiff's Petition for Contempt and Emergency Petition for Special Relief and after hearing in the matter, the Court does find beyond a reasonable doubt that the Defendant is in contempt of the order of court dated May 18th, 2007, and the order of court dated January _F,t11 iri e The se1-ence of = "ourt on t 1s matter is _- _ that the Defendant will pay attorney's fees in the amount of $1,740.00. The Court will grant the Petition for Special Relief. Defendant shall have absolutely no contact, verbal, written, telephonic, or electronic with the Plaintiff. Any contact regarding this divorce or any other matter shall be through counsel. By the Court, M. L. Ebert, Jr. , g ??p Awe 1' ,. E ?' RY T (Oily W§kl ,,{{ _+ EXHIBIT drew H. Shaw, Esquire Fo the Plaintiff Jeanne B. Costopoulos, Esquire For the Defendant lfh " 0 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition For Contempt, was served this date on the below named, by facsimile and by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: 7-09 Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) .41 cam ; MAY 0 S 2008 DAVID B. FETCHEN, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN, Defendant/Respondent No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 9 day of bola , upon ? consideration of Defendant's Petition For Contempt, IT IS HEREBY ORDERED AND DIRECTED THAT: A rule is issued upon Respondent to show cause why Petitioner's Petition should not be granted. 2. Respondent shall file an Answer on or before & , 2008. 3. If no Answer to the Rule to Show Cause is filed by the required date, the relief requested by Respondent shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Respondent files an Answer to this Rule to Show Cause, and the Answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. -1* -V,., ?A 5 --WP-3? - d),ftu ("Cu . OL /vv .(:7-,-7? 1 IgLu 3-3 14po LVT? so/b/s V NVA-VSNN3d L€ :Z Wd 6~ AN 88OZ 30EI0-WW DAVID B. FETCHEN Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2851 Civil Term CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER TO PETITION FOR CONTEMPT AND NOW, comes the Defendant/Respondent, Cynthia Ann Fetchen, by and through her attorney, Charles Rector, Esquire, and files the within Answer to Plaintiff's Petition for Contempt: 1. through 8. Admitted. WHEREFORE, Respondent does not contest the placing of one telephone call to Petitioner and accepts fully responsibility for the call. =Rector, 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: 5 hc J 0 ?_ 10 I verify that the statements made herein 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. Cynth' Ann Fetchen Date: ) o --Oc2 CERTIFICATE OF SERVICE /l I, Charles Rector, Esquire, do hereby certify that on the -)c day of May, 2008, I caused a true and correct copy of the within Answer to Petition for Contempt to be served upon the fallowing persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Andrew H. Shaw, Esquire Law Office of Andrew H. Shaw 200 S. Spring Garden Street, Ste. 11 Carlisle, PA 17013-2578 By. q 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717)761-8101 Date: s b OF arles Rector, s uire DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL. ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes Plaintiff, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and avers as follows: 1. On or about May 7, 2008, Plaintiff filed a Petition for Contempt. 2. On oIr about May 9, 2008, the Honorable M.L. Ebert, Jr. issued a Rule to Show Cause to Defendant Ordering Defendant to file an answer to Plaintiff's Petition for Contempt "on or before May 30, 2008." A copy of the Order is attached hereto and incorporated by reference as "Exhibit A." 3. Defendant filed said answer on or about May 21, 2008. 4. In her Answer, Defendant admitted all of the contents of Plaintiff's Petition, and further stated: "Wherefore, Respondent does not contest the placing of one telephone call to Petitioner and accepts fully responsibility for the call." 5. Defendant has admitted to violating the Order of this Court dated April 11, 2008. 6. In the prayer for relief of his Petition for Contempt, Plaintiff requested the Court order Defendant "to pay his attorney's fees, costs and any other fees related to the filing of this Petition." 7. Plaintiff's attorney fees in this matter total $325.00. 8. The Honorable M.L. Ebert has ruled upon other related issues in this matter. WI REFORE, Plaintiff requests this Honorable Court find Defendant in Contempt of this Court's Order dated April 11, 2008, and further Order Defendant to pay Plaintiff's attorneyl s fees as stated in more detail above. Respectfully Submitted: Date: By: Andrew H. Shaw, Es ire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff 2 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Motion to Make Rule Absolute, was served this date on the below named by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: Q RV Andrew H. aw, E e Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) r-3 DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2851 CIVIL CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 12" day of June, 2008, upon consideration of the Plaintiff's Petition for Contempt and the Defendant's Answer thereto wherein the Defendant admits violating the Court's Order of April 11, 2008, IT IS HEREBY ORDERED AND DIRECTED that the Defendant is found in Contempt of Court. Defendant shall appear for sentencing on this matter on June 20, 2008, at 9:15 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ZAndrew H. Shaw, Esquire Attorney for Plaintiff Charles Rector, Esquire Attorney for Defendant bas ?I By the Court, -N t Uj --- M. L. Ebert, Jr., J. t]WvAI)SNN d I ` : Z Wd Z i Nnr am AMUO#, 0 d aHI DAVID B. FETCHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN, Defendant No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT LIST OF ASSETS I. REAL PROPERTY Marital Residence $337,000.00* 37 Derbyshire Drive Carlisle, PA 17015 *Valued as of December 4, 2006 Payoff $186,347.00 as of November, 2006 II. PERSONALTY 1. 33 shares of Kaman common stock (value on 5/18/06) $ 693.00 2. State Farm Life Insurance, Policy # 1161-0208 (value on 7/28/07) $ 6,155.50 3. State Farm Life Insurance, Cynthia's Policy No value provided 4. 1994 Mazda MX3 (value on 6/10/08) $ 2,085.00 5. Insurance proceeds form Jetta $ 2,100.00 6. Household Furnishings-previously valued (value on 3/12/07) $ 9,048.00 7. Household Furnishings-not yet valued No value provided 8. Musical Equipment and Gun collection (value on 3/12/07) $ 5,945.00 9. Plate collection at marital residence No value provided 10. Jewelry No value provided 11. Christmas decorations (antique and current) No value provided 12. 4 cats EXPERT WITNESSES None planned at this time. However, Plaintiff reserves the right to call an expert witness if necessary. f f WITNESSES 1. Plaintiff. 2. Irmgard Fetchen (Plaintiffs mother). 3. Defendant on cross examination. Plaintiff reserves the right to add additional witnesses. EDITS 1. Appraisal of marital residence as of December 4, 2006. 2. Certificate of stock for KAMAN stock. 3. Valuation of KAMAN stock. 4. Life insurance policy status. 5. Valuation of Mazda MX3. 6. Appraisal of some of the personal property at marital residence. 7. Partial itemization of unappraised personal property. 8. Appraisal of musical equipment and guns. 9. Kaman Retirement Plan statement. 10. ORS Nasco Retirement Plan statement. 11. Rollover IRA and ROTH IRA statement. 12. Fidelity Retirement statement. 13. TIAA CREF quarterly statement. 14. Plaintiff s 2007 tax return. 15. Plaintiff's most recent paystatement. GROSS INCOME Plaintiff's only source of income is through his employment with Kaman. EXPENSES Plaintiff does not intend to offer testimony as to his expenses. Plaintiff reserves the right to amend this section in the future. PENSIONS 1. Kaman Corp. Thrift and Retirement Plan (value on 5/30/06) $ 32,352.84 2. ORS Nasco, Inc. retirement plan. (value on 10/31/06) $ 19,385.46 3. Rollover IRA, # 4NS197737 (value on 5/30/06) $ 19,855.50 4. ROTH IRA, # 4NS197729 (value on 5/30/06) $ 13,641.63 5. TIAA CREF, (Cynthia's account) (value on 6/30/06) $ 79,340.99 2 i r l ? ? r 6. Fidelity, #40011345 (Cynthia's account) (value on 6/30/06) $ 21,613.91 COUNSEL FEES Plaintiff is not making a claim for counsel fees. DISPUTES AS TO PROPERTY AND VALUES OF PROPERTY At this time, counsel for Plaintiff is not aware of any disputes as to the value of personal property. However, Plaintiff contends that Defendant is in possession of marital personal property which Defendant refused to have appraised. Plaintiff has been unable to make any estimate of fair market value of these items due to Defendant have exclusive possession of the marital residence. Plaintiff seeks credit for late fee payments made as a result of Defendant failing to pay the mortgage on time, pursuant to Order of Court dated May 18, 2007. Plaintiff seeks pro-rated credit for tax credits taken by Defendant for interest paid on the mortgage. Plaintiff seeks possession of 2 of the 4 cats owned by the parties. Plaintiff seeks credit for the fair rental value of the marital residence from May 18, 2007 to the present, the period Defendant has had exclusive possession of the marital residence. Defendant has failed to answer Plaintiff s supplemental discovery request. MARITAL DEBTS Plaintiff is seeking credit for payment on the mortgage for the marital residence for the time period prior to Defendant gaining exclusive possession of the residence. However, Plaintiff reserves the right to seek said credit in the future. 3 f I PROPOSED RESOLUTION 1. Parties divide the personal property currently in Defendant's possession at the marital residence. 2. Plaintiff retain the personal property currently in his possession. 3. Defendant reimburse Plaintiff for his share of the equity in the marital residence. 4. A QDRO be issued against Defendant to equalize the retirement plans of both parties. 5. The parties execute a special warranty deed conveying the entire marital residence property to Defendant upon Plaintiff's receipt of his share of the equity in said property. 6. Plaintiff not be required to pay alimony or any other form of spousal support. 7. Each party is responsible for their own counsel fees. Respectfully Submitted: Date: 0 ow By: ew H. Shaw, squire Court I.D. # 87371 200 S. Spring Garden St. Suite 11 Carlisle, Pa 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Plaintiff 4 1 • 1 '? VERIFICATION I, David Fetchen, verify that the statements made in this Pre-Trial Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. r Date: Z Og V;?) David Fetchen s ? APPRAISAL OF REAL PROPERTY LOCATED AT: 37 DERBYSHIRE DRIVE DEED BOOK 142 PAGE 244 MSA # 42041 CARLISLE, PA 17013-9260 FOR: FETCHEN, DAVID B. / CYNTHIA 37 DERBYSHIRE ROAD CARLISLE. PA. 17013 AS OF: DEC. 4.2006 BY: PATRICK A McCARTHY EXHIBIT Form GAi -'TOT -1.M-ALAMODE i DEC. 4 , 2006 FETCHEN, DAVID B. / CYNTHIA 37 DERBYSHIRE ROAD CARLISLE, PA. 17013 Re: Property: 37 DERBYSHIRE DRIVE CARLISLE, PA. 17013-9260 Borrower: N/A File No.: In accordance with your request, we have appraised the above referenced property. The report of that appraisal is attached. The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as improved, in unencumbered fee simple title of ownership. This report is based on a physical analysis of the site and improvements, a locatlonai analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the certification and limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Sincerely, PATRICK A. MCCARTHY McCarthy Associates [HID NO, FETCHEN - DAMD 8.1 Page #31 t Borrower N/A File No. FETCHEN DAVID B. Propely Address 37 DERBYSHIRE DRIVE city CARLISLE County CUMBERLAND State PA. Z ID 17013-9260 LenderIenf FETCHEN DAVID B. / CYNTHIA APPRAISAL AND REPORT IDENTIFICATION This Appraisal Report Is am of the following types: ? So# Contained (A written report prepared under Standards Rule 2-2(a) , persuant to the Scope of Work as disclosed elsewhere in this report.) ® Summary (A written report prepared under Standards Rule 2-2(b) , persuant to the Scope of Work, as disclosed elsewhere in this report) ? Restricted Use (A written report prepared under Standards Rule 2-2(c) , persuant to the Scope of Work as disclosed elsewhere in this report, restricted to the stated Intended use by the specified client or intended user.) Comments on Standards Rule 2-3 1 cetffy that, to the best of my krawtedge and belet • The statements of fact confained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and fimiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • I have no (or tie specified) present or prospective Interest in the property that is the subject of this report and no (or the specified) personal interest with respect to the parties involved. I have no bias with respect to the properly that Is the subject of this report or the parties involved with this assignment. My engagement in this assigmnent was not confkgent upon developing or reporting prodelonnined results. My compensation for co r pledrg this assigmurd is not conthgent upon the developmed or reporting of a predetermined value or direction in value that favors the cause of tine cfiet, the amorrt of the value opbdon, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the Intended use of this appraisal. My analyses, opinions and conclusions were developed and this report has been prepared, In conformity with the Uniform Standards of Professional Appraisal Practice. I have (or have not) made a personal inspection of the property that is the subject of M report. No one provided significant real property appraisal assistance to the person signing this certification. of there are exceptions, the name of each individual providing significant real properly appraisal assistance is stated elsewhere in this report.) Comments on Appraisal and Report Identification Note any USPAP related issues requiring disclosure and any State mandated requirements: APPRAISER: SUPERVISORY APPRAISER (only if required): Signatere: X. Ac Signature: Name: PATRICK A. McCARTHY Name: Date Signed: December 07, 2006 Date Signed: State Certification #: RL 001155 L State Certification #: or State License #: or State license #: State: PA. State: Expiration Dale of Certification or Ucense: 6-30-07 Expiration Date of Certification or License: Supervisory Appraiser inspection of Subject Property: Effective Date of Appraisat DEC. 4. 2006 ? Did Not ? Exterior-only from street ? Interior and Exterior Form IDD6 -'TOTAL for Windows' appraisal software by a la mode, inc. -1-BW-ALAMODE 1 • , SUMMARY OF SALIENT FEATURES Sub0dAdkess 37 DERBYSHIRE DRIVE Legal Description DEED BOOK 142 PAGE 244 MSA # 42041 City CARLISLE County CUMBERLAND State PA- 21p Code 17013-9260 Census Tract 0125.00 Map Reference ADC 26, H-2 Sale Price $ NIA Date of Sala N/A Borrower N/A Lender/Client FETCHEN, DAVID B. /CYNTHIA Size (Square Feet) 2,624 Price per Square Foot E 128.43 Location SUBURBAN Age 9 Condition GOOD Total Rooms 8 Bedroonns 3 Baths 2.5 Appraiser PATRICK A. MCCARTHY Date of Appraised Vane DEC. 4. 2006 Opinion of Vane $337,000 Form SSD2 -'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-AtAMODE McCarthy Associates Uniform Residential Appraisal Resort PRIV. / CON FID. Fum# FETCHEN DAVID The purpose of this surmary appraisal report is to rovide the lender/der1 with an accurate and a uat s orient don of the market vabe of the subject property. ProAddress 37 DERBYSHIRE DRIVE C CARLISLE State PA. 3 Code 17013-9260 Borrower WA Owner of Pubic Record FETCHEN DAVID B. / CYNTHIA Cou* CUMBERLAND Ugal Description DEED BOOK 142 PAGE 244 MSA # 42041 Assessor's Parcel # 40-09-0533-W Tax Year 2006 R.E. Taxes $ 3,384.130 NdiihloorhoW Name SOUTH MIDDLETON TWP. ! MAYAPPLE VILLAGE Ma Reference ADC 26, H-2 Census Tract 0125.00 Occupant M Owner Tenant Vacant Special Assessments $ N/A P11D HOA $ 25.00 M per year F? per month ft" Wft 8M N Fee Sinvie [I Leasehold Other describe AL*mmt T PurclaseTransaction Refinance Transaction Oiber describe OWNER CONSULTATION iet FETCHEN DAVID B. /CYNTHIA Address 37 DERBYSHIRE ROAD CARLISLE PA 17013 Is Us subject c offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal? Yes No Report dale sources used offering do s and dates . PROPERTY OWNER / MLS 1 ? did ? did not anal re to contract for sale for the subject purchase transaction. Explain ft results of the analysis of the contract for sale or why the anays is was not perfornied. N/A : Contract Price S NIA Dale of Contract WA Is the properly sefar the owner of tlfc record? Yes No Data Sources N/A Is there any firancial assistance (ban charges, sale concessions, gilt or dovmpaymed assistance, etc.) to be paid by any party on behalf of the borrower? ? Yes ? No I Yes, report to total dollar amount and describe the items to be paid. NONE KNOWN Note: Rave wA#m racial of the boyhood am not 16111 factors. .g' momm Local Urban Subuirban Rural Vetres Increasing Sleble PRICE AGE 7O.dw 50 % Buil-W El Over 75% 25-75% Under 25% Demand/S Shortap h Balance Over Supply S 000 rs02 % Growth R Stable Slew Lefler 3 mds 3.6 mfs Over 6 mths 190 Low 3 01 % Bou daries THE SUBJECT IS BOUNDED AT THE NORTH AND FAST BY PA. 445 HI h 12-110 % ROUTE 74 THE SOUTH BY PA ROUTE 174 AND THE WEST BY FORGE ROAD. 300 Pred. 8-137 % Desc' 'on THIS SUBURBAN NEIGHBORHOOD IS COMPRISED OF SIMILAR PROPERTIES OFFERING COMPARABLE QUALITY STYLE, DESIGN AND APPEAL. AVAILABILITY TO MOST MAJOR EMPLOYMENT SECTORS AND RELATIVE CONVENIENCE TO SHOPPING FOOD/RETAIL SCHOOLS PUBLIC -ALL LEVELS AND TO RECREATION SHANK REC. PARK AND GOLFING). Markel Condfbns (inckdrig support for to above conclusions) REAL ESTATE MARKET CONDITIONS ARE STABLE AS SALES ACTIVITY HAS BEEN FAIRLY ROBUST IN THE LAST FEW YEARS. INTEREST RATES REMAIN LOW AND ECONOMICALLY ATTRACTIVE TO MOST CONSUMERS. DEMAND/SUPPLY IS STABLE AND MARKETING TIME IS ESTIMATED AT 3-0 MONTHS. Dimensions 100.65 X 125 X 108.69 X 131.89 Area .322 ACRE /14,026 SF She RECTANGULAR View PLEASANT Specific Zoning CtesSka#OnRESIDENTIAL-1 Zo ' Description S/F RESIDENTIAL Zo Compliance Legal Legal Noncooforni Grandfatered Use) F1 No Illegal describe Is the highest and best use of subject property as improved or as proposed per plans and specifications) the resent use? Yes No If No describe tNms Public Other(descr6e) Public Other asabe) Off-skeknType Public Private B"c 200 AMP Water X El Street MACADAM Gas N El Santa Sewer Alley N Li NONE FEMA S rW Rood Hazard Area Yes No FEMA Rood Zone X FEMA M # 4203710010C FEMA Map Dale 1/5/1996 Are the utffes and elf-site irnpramnerts al for the market area? Yes No it No describe Are there arry adverse site conditions or external factors asarreds, encroacMents, enviremental conditions, land uses etc.)? Yes No t Yes, describe NO DELETERIOUS CONDITIONS CURRENTLY EXIST. THERE MAY BE EASEMENTS ENCROACHMENTS AND RIGHTS-OF-WAY THAT THE APPRAISER IS UNAWARE OF. FURTHER THE APPRAISER IS NOT PROFESSIONALLY QUALIFIED TO ASSESS MOST ENVIRONMENTAL ISSUES. Units One One with Accessorv Unit Concrete Slab Crawl Space Foundation Waft SUP/PRD. GD. Floors HW-CER./W/W GO # of Stares 1 FullBesenennt Partial Basement Exterior Wais BRK.NIN. GD. Walls DRYWALL GD Type 0 Del At S-DeUErd Unit Basement Area 2,522 .tL Rod Surface FBGLS. SHNG GD TrirtyWdsh WOOD GO Edsft F] Proposed D lender Const Basement Finish 25 % Goiters 8 Downspouts ALUMINUM GD. Bath Floor CERAMIC GD Design (M 1 STY. RANCH Outside Entry/Exit Surnp Pump Wfrdow Type DOUBLE-HNG GD. Birth Wainscot DRYWALL GO Year 8L111 1997 Evklmxe of Infestation Storm SastOnsulated ALUMINUM GD. Caz StOnifle [-I None Effective Age rs2-3 Dampom Setlernent Screens ALUtFerice GD. Driveway # of Cars 2-4 Attic None Hof FWA CMBB Radlad Arnedfes # Drivewa Surface MACADAM D ro Stan Stairs Ot er fuel GAS R bce s # Garr # of Cars 2 Flea Scuttle Cooing N Central Air Corditiod PelloMedc REAR RT. Ca ort # of Cars Finished Cleated Individal Oter C.FANSILJ Pod Aa Bet. Built-in Appliances R e/Oven Dishwasher Disposal Microwave Washer/Dryer Z Other describe FANlHOOD Finished are above contains: 8 Roans 3 Bedrooms 2.5 Bath(s) 2,624 Square Feat of Gross Living Area Above Grade Additional features [specle energy efficient items e1c.. COVERED FRONT PORCH 4 X 11 WOOD DECK REAR -12 X 4 SUPERIOR POURED FOUND. WITH FIN. REC. ROOM ' GAS FWA HEAT - C/A ' CHERRY KITCH. ' CERAMIC SUN RM. 11 ' CLGS. -1ST. Describe the cwAfon of the properly (kkdm needed repairs, rennovations modeling, etc.). NORMAL DEPRECIATION IS NOTED. NO PHYSICAL FUNCTIONAL OR EXTERNAL INADEQUACY WAS NOTED OR WITH THE FLOOR PLAN. WITH GOOD MAINTENANCE AND CONDITION THE SUBJECT WILL RECOGNIZE CONTINUED GOOD ACCEPTANCE IN THIS MARKETPLACE. Are there any cal deficiencies or adverse conditions that affect the livability, soundness or stnLUal Integrity of the property? Yes No 0 Yes describe THE APPRAISER DELIVERS AN OPINION OF VALUE ONLY. HE IS NOTA STRUCTURAL ENGINEER NOR GENERAL CONTRACTOR AND NO PHYSICAL WARRANTYS ARE MADE. THE UNIT IS IN GOOD OVERALL CONDITION. Does the conform to the nei hborhoW uncfonal utility, le, condition, use, construction, etc.)? Yes No I No, describe FUNCTIONAL UTILITY STYLE USE AND CONDITION. hreame mac Norm 70 March 2005 Pagel of 6 Fannie Mae Form 1004 March 2005 Form 1004 -'TOTAL for Windows' appraisal software by a la mode, loc. -1-80D-ALAMODE Uniform Residential Appraisal Resort FUN FETCH N?n° in R There are N/A comparable es curmn* offered for sale in the subject Morfaod mVkV in price from $ N/A to $ WA There are 3 comparable sales In ft subW neighborhood within the past twelve mont hs ninging in sale price from $ 272 90 0 to $ 349 ,500 FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 37 DERBYSHIRE DRIVE CARLISLE 5 DERBYSHIRE DRIVE CARLISLE 12 KITSZELL DRIVE CARLISLE 44 DERBYSHIRE DRIVE CARLISLE Proximity to Subject Sale Price $ W Sale Prk*Gross Liv. Area $ 128.43 JL Dula Sources 0.24 miles $ 325.000 $ 155.06 .ft. MLS # 10135036 0.23 miss 9 272.900 $ 122.76 . L MLS 11110128184 0.02 miles S 349 500 $ 116.50 .fL MLS # 10110079 Valf cation Source(s) CT. HSE / MLS CT. HSE MLS CT. H $E / MLS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Ad sbrant DESCRIPTION + - $ Adjushent DESCRIPTION + - $ Ad' sbrherht Sales or Rnancing Concessions VA DOM / 1 CONV. DOM / 2 CASH DOM / 2 Date of Salq?ams 9.15-06 5-16-06 1-28-05 Location SUBURBAN SUB. / SIM. 0 SUB. / INFER. +27,000 SUB. / SIM. 0 Leasddff a Simple FEE SIMPLE FEE SIMPLE FEE SIMPLE FEE SIMPLE She .322 ACRE .33 ACRE 0 .27 ACRE 0 .37 ACRE 0 vow PLEASANT SIMILAR SIMILAR SIMILAR Design 1 STY. RANCH 1 STY. RANCH 0 1 STY. RANCH 0 1 STY. RANCH 0 Quaft of Construction GOOD GOOD / SIM. 0 GOOD / SIM. 0 GOOD / SIM. 0 Actual Age 9 8 0 15 / EFF- INF. +5 000 8 0 Condition GOOD GOOD / SIM. 0 GOOD / SIM. 0 GOOD / SIM. 0 Above Grade TOW Bdrms. BaBa Total Bdrms. Baths Tad Bdrrm. Bathe Tad Bdrms. Bain Room count 8 3 2.5 7 3 2 +1 500 7 2 2 +3,000 8 3 3 -1.500 Gross Living Area 2,624 .ft. 2,096 s .ft . +13,200 2,223 JL +10000 3 000 s .ft. -9,400 Basernend & Rnished FULL Rooms Below Grade REC. ROOM FULL REC. ROOM 0 0 NONE -00- +7,50 0 FULL REC. ROOM 0 0 Functional tM GOOD SIMILAR SIMILAR SIMILAR Heatirwrooling GFWA- C/A GFWA- C/A 0 GFWA- C/A 0 GHWBB- C/A 0 Energy Efficient Items STORM UNITS SIMILAR SIMILAR SIMILAR Garegs(Carport 2 C. ATT. GAR. 2 C. ATT. GAR. 0 2 C. ATT. GAR. 0 3 C. ATT. GAR. 0 PorchMaiaDeck CF POR./DECK STP./PAT./FP -3,000 STP./PAT./FP -3 000 STP. /DECK 0 • Net Ad sirhent (Total) + El - Is 11,700 + - $ 49 500 + $ 10.900 Adjusted Sale Price Of Co les a I did did not research the sale or transfer hi Not Adj. % Gross Ad'. % $ 336 700 story of the subject property and comparab Net Adj. % Gross Ad'. % le sales. R not, explain $ 322,4001 7-3-96 FO Net Adj. % Gross Ad'. % R 39,500 LO $ 338,600 T research did did not reveal arry or sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Data Source S 7-3-96 FOR 39,500 LOT research did did not reveal prior sales or transfers of the comparable sales for the year 'or to the date of sale of the comparable sale. any Data Sourr e s TAX ASSMT. / CT. HOUSE Report the results of the research and analysis of the prior sale or transfer historv of the sub and co mparable sales (report additional or sales on page 3). rTEM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 COMPARABLE SALE #3 Dale of Prior SaWrransfer 7-3-96 NO SALE WITHIN 3 YRS. NO SALE WITHIN 3 YRS. NO SALE WITHIN 3 YRS. Prins of Prior SaWfransfer $ 39,500 (LOT) I Dab Source(s) TAX ASSMT. TAX ASSMT. / CT. HOUSE TAX ASSMT. / CT. HOUSE TAX ASSMT. 1 CT. HOUSE Effective Date of Data Source(s) 12-4-06 _ Analysis of prior sale or transfer history of the subject prop" and comparable sales NO PRIOR SALES WITHIN THE LAST 3 YEARS SUBJECT/ COMPS. Summary of Sales Comparison Approach THE COST APPROACH GENERALLY SETS THE UPPER LIMIT OF VALUE AS IT CONSIDERS REPRODUCTION COSTS. THE MARKET ANALYSIS IS THE MOST INDICATIVE APPROACH AS IT CONSIDERS OTHER SIMILAR SALES IN THE MARKET AREA THIS APPROACH IS GENERALLY THE MOST RELIABLE. THE INCOME APPROACH IS NOT CONSIDERED NOR APPROPRIATE S/F RESIDENCE), bdkated Valle Sales C A Bch $ 337,000 Indicated Value W. Sales Comparison roach $ 337,000 Cost (N d-I0 ) $ 339,801 Income Approach (N dveal $ NIA This appraisal is made ®"as is", ? subject to completion per plans and specifications on the basis of a hypothetical condition that the Improvements have been completed, ? subject to the following repairs or alterations on the basis of a hypothetical condition to the repairs or alterations have been completed, or ? subject b the • following required inspection based on the extraordinary assumption that the condition or dehc does not require alteration or repair: Based on a complete visual Inspection of the Interior and exterior area: of the subject property, defined scope of work, statement of assumptions and limiting conditions, and appraiser's certification, my (our) opinion of the markd value, as defkrod, of the real property that is the subject of this report Is $ 337,000 as of DEC. 4 2006 which is the date of hapection and the effective date of this appraisal. Freaahe Mac Form 70 March 2005 Page 2 of 6 Fannie Mae Form 1004 March 2005 Form 1 004 -'TOTAL for Windows' appraisal software by a Is mode, inc. - 1 -800-ALAMODE Uniform Residendai Anoraisai Report MA G='fucON??RM ' SEE ADDENDUM rovide adequate intomlaum for the Wm/cm to repicate the bebw cost f' ms am caalculations. u for tite opinion of site vako (sunnary of comparable land sales or of w methods for estimati site value NOTE - DUE TO A LACK OF RECENT IMILAR SIZED TRACTS THE APPRAISER UTILIZES HIS KNOWLEDGE AND EXPERIENCE IN THE SUBJECT MARKET BY STIMATING THE VALUE OF THE SUBJECT TRACT JE STIMATED REPRODUCTION OR REPLACEMENT COST NEW ource of cost data MARSHALL-SWIFT RESID. COST HANDBOOK ua ra*v from cost s ervice GOOD Effective date of cost data 11-04 OPINION OF SITE VALUE ...................._---..............----........................_. DWELLING 2,624 S .FL $ 91.15 2 522 S .FL $ 13.25 ........... =$ 60,900 =$ 239,178 =S 33 417 onurterds on Cost. Approach (gross ki area calculatbm, depreciation, etc. CF PORCH WD. DECK ......_..... =$ 7 095 HE REPRODUCTION COST APPROACH IS DERIVED FROM GaMQWCarPort 506 .FL S 11.10 ............. =S 5 617 ATA IN THE MARSHALL-SWIFT RESID. COST HANDBOOK Total Estimate of Cost-New ........... =S 285 307 GOOD QUALITY 1 STORY RANCH Less Physical Furdonal reci9 501 =S 9 501 Depreciated Cost of I errents ........................................_... 275 806 UD/FHANA PROPERTY STANDARDS ARE NOT APPLICABLE 'As4s' Value of She I s .............................................. _.... =$ 3,095 TO THIS REQUEST. Estimated Remains Economic Life (HUD and VA odv) 45-50 Years INDICATED VALUE BY COST APPROACH ........... _.._ ....................... _.. =i 339.801 Estimated Monft Market Red S N/A X Gross Red IVItilliplier N/A = $ N/A kdicated Vakre Income Approach Summa of Income Approach mdudi suppoit for market red and GR NIA Is e de /builder in control of the Ho neowners' Association WA)? Yes No U it typo(s) Detached Attached ide the following Idomnation for PUDs ONLY if the dev Mader is in control of the HOA and the subject property is an attached dwelling unit. Legal Name of Pmject MAYAPPLE VILLAGE mu nber of phases 1 Total number of units 100 Total number of units sold 98 number of wits ranted 0 Total number of units for sale 2 Data sources MLS / HOA the project crated b the conversion of odsli building(s) into a PUD? Yes No H Yes date of conversion . the project contain any muB-dwei units? Yes No Data Source he units common elements and recreation facilities c eteT Yes No If No describe the status of c letion. LAWN CARE AND SNOW MOVALOF MINIMAL COMMON AREAS he common dm wb leased to a the Homeowners' Association? Yes No H Yes describe the rental temu and ions. ribe common elements and recreational faciflies. SUBDIVISION ENTRY ISLANDS ETC.... Freddie Mac Form 70 March 2005 Page 3 of 6 Fannie Mae Form 1004 March 2005 Porn 1004 -'TOTAL for Windows' appraisal software by a la mode, inc. -1-NO-ALAMODE rmv. i %,vmrlu. Uniform Residential Appraisal Report Fk# FETCHEN, DAVID B This report form is designed to report an appraisal of a one-unit property or a one-unit property with an accessory unit; including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a manufactured home or a unit in a condominium or cooperative project. This appraisal report is subject to the following scope of work, intended use, Intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute mathrial alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing the appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. .,au ?-111 , U rviau cn cuuo rage 4 Of 6 Fannie Mae Forth 1004 March 2005 Form 1004 -'TOTAL for windows' appraisal software by a la mode, im. -1-800-ALAMODE Uniform Residential Appraisal Report Fees FETCHEN ;vDAVID B. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. 1 performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition of the improvements in factual, specific terms. I iderdi ied and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. 1 perforated this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. 1 developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. 1 researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. 1 researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. 1 selected and used comparable sales that are IOcationally, physically, and functionally the most similar to the subject property. 8. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be bulk on the land. 9. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. 1 verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. 1 have knowledge and experience in appraising this type of property in this market area. 12. 1 am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 13. 1 obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. 1 have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. 1 have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct 16. 1 stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. 1 personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any Item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. 1 identified the lender/client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. Freddie Mac Form 70 March 2005 Page 5 of 6 Fannie Mae Form 1004 March 2005 Form 1004 -'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE 1 ? unitOrm Heslaential Appraisal Report Fie# 'FE-T-C'H'EN 'DAVID B. 21. The lender/client may disclose or distribute this appraisal report to: the borrower, another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage Insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). 22. 1 am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves any one or more of these parties. 24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent misrepresentation (s) contained in this appraisal report may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that 1. 1 directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. 1 accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Unfform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER Signature /pnrw? ti( s Name PJ1irRIeK A McCARTtiffHY Company Name McCARTHY ASSOCIATES Company Address 83 KELLY DRIVE CARLISLE. PA. 17013 SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Name Company Name . Company Address Telephone Number (717) 796-9770 Email Address mccarthvassociates0comcast.net Date of Signature and Report December 07. 2006 Effective Date of Appraisal DEC. 4, 2006 State Certification # RL 001155 L or State License # or Other (describe) State # State PA. Expiration Date of Certification or License 6-30-07 ADDRESS OF PROPERTY APPRAISED 37 DERBYSHIRE DRIVE CARLISLE, PA. 17013-9260 APPRAISED VALUE OF SUBJECT PROPERTY $ 337.000 LENDER/CLIENT Name FETCHEN. DAVID B./ CYNTHIA Company Name FETCHEN. DAVID B. /CYNTHIA Company Address 37 DERBYSHIRE ROAD CARLISLE. PA. 17013 Email Address Telephone Number Email Address Date of Signature State Certification # or State License # State Expiration Date of Certification or License SUBJECT PROPERTY ? Did not inspect subject property ? Did inspect exterior of subject property from street Date of Inspection ? Did inspect interior and exterior of subject property Date of Inspection COMPARABLE SALES ? Did not inspect exterior of comparable sales from street ? Did inspect exterior of comparable sales from street Date of Inspection rreame mac corm ru march 2005 Page 6 of 6 Fannie Mae Form 1004 March 2005 Form 1004 -'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE SUPPLEMENTAL ADDENDUM u„ FETCHEN „e"I„ 1 Bormwer/Cliart N/A Pr=WAdftss I ? I 1 37 DERBYSHIRE DRIVE C CARLISLE Cmb CUMBERLAND State PA. hp GA 17013-9260 L FETCHEN DAVID B. / CYNTHIA ALL COMPARABLE SALES ARE CLOSED SALES. THOSE PROVIDED ARE THE MOST INDICATIVE SALES IN THE EXISTING SUBJECT MARKETPLACE, AND EACH ARE EXCELLENT INDICATORS OF VALUE. ADJUSTMENTS WERE MADE TO REFLECT THE MARKET REACTIONS TO THOSE ITEMS OF SIGNIFICANT VALUATION DIFFERENCE BETWEEN THE SUBJECT, AND THOSE COMPARABLES PROVIDED. THE COMPARABLES OVER 6 MONTHS OLD IN SALES DATE WERE CONSIDERED DUE TO THEIR LIKE STYLE, SIMILAR AMENITIES, VINTAGE, CONDITION, SITE SIZE, AS WELL AS THEIR NEARBY PROXIMITY TO THE SUBJECT. OTHER MORE RECENT SALES WERE CONSIDERED BUT WERE NOT DEEMED TO BE AS APPROPRIATE AS THOSE PROVIDED. A COST FACTOR OF $ 25.00 PER SQUARE FOOT IS IMPLEMENTED AS A CONSISTENCY WITH THE MARKET REACTION TO SUCH A DIFFERENCE, RATHER THAN A STRAIGHT LINE, COST BASIS ADJUSTMENT, WHICH WOULD OBVIOUSLY, BE SIGNIFICANTLY HIGHER. COMP. # 2 IS ADJUSTED FOR BEING SLIGHTLY OLDER THAN THE SUBJECT PROPERTY, AND IS THUS MORE DEPRECIATED WITH MORE GENERAL WEAR AND TEAR. THE AGE/LIFE METHOD OF DEPRECIATION IS CONSIDERED IN THIS PROCESS. • NOTE . COMP. # 2 IS ALSO ADJUSTED FOR AN INFERIOR LOCATION RATING, AS IT IS NOT SITUATED ON, OR BACKING ONTO THE MAYAPPLE GOLF COURSE, CONSIDERED A LOCATIONAL PREMIUM. FOR ADDED MARKET APPEAL. HISTORICALLY, THESE LOTS HAVE ALSO SOLD FOR MORE, AS WELL. REPORT/TEXT: PRESCRIBED BY THE UNIFORM STANDARDS OF APPRAISAL PRACTICE (USPAP), AS ISSUED BY THE APPRAISAL STANDARDS BOARD, THIS REPORT IS CONSIDERED TO BE A COMPLETE SUMMARY REPORT. THERE MAY BE DIGITAL SIGNATURES USED IN THIS APPRAISAL REPORT. THEY ARE ACTUAL/VALID. USER: THE INTEDED SOLE USE OF THIS APPRAISAL REPORT IS EXCLUSIVELY FOR THE LENDER/CLIENT, AS NOTED ON THE COVER PAGE, OR PAGE ONE OF THE TEXT FORMAT, INTERNAL. IT IS CONFIDENTIAL IN NATURE, AND NOT INTENDED FOR ANY OTHER USE THAN THE LENDER/CLIENT, NOTED HEREIN. APPRAISER: THE APPRAISER HAS COMPLETED HIS 2-YEAR CONTINUING EDUCATION REQUIREMENTS, FOR THAT CERTIFICATION LICENSING CYCLE, WHICH IS MANDATED BY THE COMMONWEALTH OF PA., AND SUBSEQUENT PA. REAL ESTATE APPRAISAL BOARD. PERSONAL PROPERTY: NO PERSONAL PROPERTY, OR FIXTURE INTANGIBLES WERE CONSIDERED IN THE VALUATION PROCESS, UNLESS OTHERWISE NOTED. Form SUP -'TOTAL for Windows' appraisal software by a la node, inc. -1.800-ALAMODE Building Sketch (Page - 1) B lard WA PropertyAdOm 37 DERBYSHIRE DRIVE C' CARLISLE C CUMBERLAND State PA. Do Code 17013-9260 LM* FETCHEN DAVID B. /CYNTHIA f I 240: ..:? ' C? WOOD DECK I w 12.0` 0 2310 . DINING SUN ROOM/FOUR SEASON NOOK BEpR00M MASTER o BEDROOM KITCHEN BATH ? cs LIV . ROQivf BEDROOM WIC PR/ _ LAUNDRY _ _. DINING ROOM_ MASTER 22 0' ; DEN BATH FOYER 22.01 711 H b -' 13.0' o C-i GARAGE o 04 22:0' I Comments: Code - AREA CALCULATIONS SUMMARY Dporiptbn Sim No(ToWs GLAl Pirst floor 2624.00 2624.00 P/P Porch 288.00 Porch 44.00 332.00 GAR Garage 506.00 506.00 TOTAL LIVABLE (rounded) 2624 LIVING AREA BREAKDOWN Breakdown Subtotal First Moor - 2.0 x 12.0 24.00 4.0 x 13.0 52.00 40.0 x 45.0 1800.00 22.0 x 34.0 748.00 4 Calculations Total (rounded) 2624 Form SKT.BldSkl -'TOTAL for Windows' appraisal software by a la mode, Inc. -1.800-ALAMODE Location Map Borrower Cfent NIA ProAddress 37 DERBYSHIRE DRIVE City CARLISLE C CUMBERLAND Stale PA Zip Code 17013-9260 Lender FETCHEN DAVID B. /CYNTHIA Form MARLOC -'TOTAL for Windows' appraisal software by a la mode, Inc. -1-800-ALAMODE Subject Photo Page BorMwer/CIW N/A pro 37 DERBYSHIRE DRIVE City CARLISLE Cw* CUMBERLAND Slate PA Do Code 17013-9260 Lender FETCHEN DAVID B. / CYNTHIA Subject Front 37 DERBYSHIRE DRIVE Sales Price N/A Gross Living Area 2.624 Total Rooms 8 Total Bedrooms 3 Total Ballrooms 2.5 Location SUBURBAN Yew PLEASANT Site .322 ACRE Quality GOOD Age 9 Subject Rear Subject Street Form PI M.SR -'TOTAL for Windows' appraisal software by a Is mode, inc. -1-800-ALAMOM Comparable Photo Page Borrower lent N/A Pro Address 37 DERBYSHIRE DRIVE C' CARLISLE County CUMBERLAND Ste PA. D ode 17013-9260 Lender FETCHEN DAVID B. / CYNTHIA Comparable 1 5 DERBYSHIRE DRIVE Prox to Subject 0.24 miss Sale Price 325,000 Gross Living Area 2,098 Total Rooms 7 Total Bedrooms 3 Total BOINW s 2 Location SUB. / SIM. view SIMILAR Site .33 ACRE Quaity GOOD / SIM. Age 8 Comparable 2 12 KITSZELL DRIVE Prox to Subject 0.23 miles Sale Price 272,900 Gross Living Area 2,223 Total Rooms 7 Total Bedrooms 2 Total Bathrooms 2 Location SUB. / INFER. View SIMILAR Site .27 ACRE Quality GOOD I SIM. Age 15 / EFF- IN F. Comparable 3 44 DERBYSHIRE DRIVE Prox to Subject 0.02 miles Sale Price 349,500 Gross Living Area 3,000 Total Rooms 8 Total Bedrooms 3 Total B88WW nS 3 Location SUB. / SIM. Yew SIMILAR Site .37 ACRE Quality GOOD / SIM. Age 8 Form PIC3x5.CR -" TOTAL for W'ardows' appraisal software by a to mode, inc. -1-BOO-ALAMODE Building Floor Plan Bwowor/CkM WA Propeft 37 DERBYSHIRE DRIVE CIW CARLISLE County CUMBERLAND SWq PA. Zp CA 17013-9260 Lm-dy FETCHEN DAVID B. /CYNTHIA A J1 4 a t4r O 6 L h °? C i x 7C m W ai ?r y y x # xA VIA ?f/.r;', .??' ?s.?fi'f???, X17 ?.. lt•?.• r•? {! :?d 7 i . .s : aJ• , y.•!4'::? `• ' sr •Ta.'yl' tf.'r.l:i!'1• ?7w??"II .;,,'d%'IrM...x . i ; .°i _'•' 5$1-0* l mi I 199 T : 597 r Form MAPIOC - `TOTAL fa Wridows' appraisal software by a la mode, inc. -1-800-ALAMODE Building Floor Plan Borrower WA Property Address 37 DERBYSHIRE DRrVE Citi CARLISLE Coq* CUMBERLAND State PA. ZIpCode 17013-9260 Lm* FETCHEN DAVID B. /CYNTHIA o C) A C f 2 ? o r C? .v: `r) 2 .t ? r1 1 1n ? s t7 ?n . ? o r r ? • r - APA }1 1« ?.?` r• ?. ` ? ••?• .. • fit 'Y '. yT?t. 0 T - •.. • • ? I?-? 39a ? 597 ? 709 Farm MAPIOC -'TOTAL for Wv*ws' appraisal software by a Is mode, inc. -1-800-AtAMODE Legal Desc. B IW NIA Address 37 DERBYSHIRE DRIVE 90 City CARLISLE Call* CUMBERLAND state PA AD Code 117013- Lengler FUCHEN DAVID B. / CYNTHIA Rutkr fl. 11M. CY •• •J : _049E0 OF OEM, ..a:?i/ PL W COUKi Y• Pn , . .:! 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A and 17 na ft rap d Loh twn is 'PAW FLa ew lfayppM V1>fete, f>,e?ydda Lau f-0Y; 7111AICd fwa eaNpoiudbe{MKYq Mon UN dt'bbot dae bow= tee Km. 15 m d 17 k4* 00 dgmm 43 nbeen W anrtlfb bur, a dbaaa. at 13Lap daa b» 1.e. pL ee tlopmPu y UK of a11er Luk of bfayink YIge""ION a Oa ate afat:ofd l9rt of Lore; 7MMKB !rest OW We PIP &" lie Kld peaPeA9 lkx Kaftlt 97 6wea 49 adaeriea ON amends Wqf, a 4ltafee of lots dal to a aOKCfwn eWleraem m tho mu"y Aab of alter balk of Mamb v]aaaa a 9Wm = dw dJmmm No of Lag TMM*M Ova add ameseu awwsml lka6 Ol &,Vm 22 neiaoke 40 axrmtr WW, a dWmm of 125.00 fart a on by pe a we aafaaat * *9k'4w7 6m dDerbetlrM Dena; MRXB Efaef ad bm put hank ee d ors 37 nbwa 11 n" &,L a dbunwof laa feel u an t= pie sle.t+b. m.destaedy rltl?aFwry 1pw of DKiyddte Ddrq 77llli(aC ha. UM 'node pea ate[ a am 10 awa RR, Mutt a nbin of moo fen, aw are dBtartee fd M33 fm aba t a dwrd buffet of Nv4 e7 hgmu 7] Ki1We 76 seHKNe Eas, a Hoed IMgfb 000.30 G* toft pobd eet Pbotaf DCGIPNVRa EBRO Let Mo. 10 aootabrep 0.2220 P= cm ast no Of 1m kr," as'Fmd rmt eM Ma7appic V ftm Vaby im tan 1-39,' Pelead by SvAk,,ltie].e. ill 142 to 244 Scale rd I( m0 f 100 f so0 r Form MAP10C -'TOTAL for Windows' appraisal software by a la mode, inc.- 1-NO-ALAMODE Legal Dese. ttorrowerrlent NIA MWIVAddresS 37 DERBYSHIRE DRIVE City CARLISLE CmN CUMBERLAND We PA. Do Code 17013-9260 Lander FETCHEN DAVID B. /CYNTHIA Engh %* Mal PbA t CON40 W, &W Jaamy X.1989, aid receded m theOioea[Ptebemrdw emme arcumledmd Ommy. P01"Awfak is pant boor, 3e, hpe 61-- UNDSL AM ROD1DCr to hellydt ma b as m NO as the dwweawtiocM pbe4 Eft S 3e foot hm SCOUR am a 10 ma ter a@od nee: acd a 10 W dds MAIN* Mee. ALSO M4= AND SUW T to dw m adtdma as non pRdad * ad tm b ra tbo Dodama" of cbtsnrma ar RumistMa deed fam 16. tm. mtda 4 939 DersMport Caorpaay, Wd nget+led r do Omm d dr!meads d DOM& at clelerWd ca+nty, taeoMadls colon I6. I999. N MMs. Bob 363, Pap 366: M Dedtwdm of Camaab WA HaoMRtna d" Coacher 16.?hY 53?brraMp'st LbmpNP eeomdM w Oc>d.er 16. I909 M gin Hint 311% h5c 720. dr• An 4 S4plm861e1 Decomsdad d C.mmi m wi Zaoi dau AArA ODWW 17. 1990. made 1Y 339 Vvmkparet ommj.> ooOe111 125, 1990 In hCar. Do" SOS. hV 1 M a all odw mwkdoar, tatorr.dwm. K"k Mm and 6016 ar-" at mccwd- DEM A MV= Or MIX SAMS FFREWIS% v" 1 Ralph r- Om,, $y M &a 40d 3mm 16, 190. and mud" an la k e bad 16 ow, to an Oman at do lteomder d Reds d Cmwbarad Camay, peoaaylaaaia 1a DOW boot 'Z', VbUM 13. PW 975, araard and aneveyed Ursa 3,9911amdopmme Caopaef- TltH SMD 139 DINE M16MIT COMPANY, ?y Asddm of Ameedmnd hied on Dtasetlm 26, Id9S w,Ith dr P4arrl.mk Depetmned of arm It Mbro01d1 MwUbcr 09892, fiye 1000. ehaU9ad Ms am to Smphs Acr Midm CWAWy. AND the aN 13adm -in Wrnm 9po"T oa vapdy ba-by ecawyai. AND dte rid EMPIRE ACQUW10N COAPANT doh W* -P-1210 and KOM 1Gdty WMtaojx a Sadd WMarmja 10 be lM Wdtnep41-9W, by Ltatfrr orAmamy deed &pNt" 27.1995 odd APS 18,1!616, for It ad la M. bor. 9441 W awponde as bad +md of P"mrA aaM 6" ae aftowle d. to •1e MOW Rib ft mum mq be dnly rmxded. Cnm y Pannyh'? Bmk X*. Pap 99 ad DON $34, pap 60. tvapnilvely. i1Pt 142 ta: 245 1 sula i m r 193 . 396 579 r Forte MAP.LOC -'TOTAL for Windows' appraisal software by a la mode, inc. -1.800-ALAh10DE Resume B lent N/A ftopOAddreSS 37 DERBYSHIRE DRIVE C' CARLISLE ou CUMBERLAND State PA ZipCode 17013-9260 Lender FETCHEN DAVID B. /CYNTHIA 83 Kelly Drive Carlisle, PA 17013 mccarthyassoclates@comcast.net Phone: (717) 796-9770 Fax: (717) 796-9776 Certified Residential Appraiser: Patrick A. McCarthy (RL #001155-L) Entered the Real Estate profession in 1988, obtaining broker's license in 1992. 1 have personally conducted over 10,000 appraisals. Approved FHA appraiser. Service to the entire counties of Dauphin, Cumberland, Perry, York, Adams, Lebanon and Lancaster. Credentials: • American Fraternity of Real Estate Appraisers (Certified Member Residential Appraiser), National Association of Realtors, Pennsylvania Association of Realtors, and the Greater Harrisburg Association of Realtors. Various specialty courses completed in Real Estate studies and appraisal techniques. Including Real Estate Law, Finance Investment, Brokerage and Office Management, Appraisal of Income Producing Properties, Appraisal of Residential Properties, Standards of Professional Practice, Principles of Real Estate Appraising, FHA Re-Certification, and Regression Analysis, as well as the standard biennial continuing education, • Member of Central Pennsylvania Multi-List Service, as well as Lebanon-Lancaster County MLS Association, and the York- Adams County Board of Realtors. • Errors and Omissions Insurance effective In the amount of $ 1,000,000.00 Professional References: William Hummel, President First National Bank of Marysville 101 Lincoln Street Marysville, PA 17053 717-957-2196 Michael Amsler, Vice President First National Bank of Newport Center Square Office Newport, PA 17074-0009 Deloris E. Kidd, Loan Originator AgCholce Farm Credit, FLCA 3301 W. Market Street York, PA 17404 800-852-6538 Kent Patterson, Esquire 221 Pine Stre s<,. Harrisburg, P f r6 r 717-,238-4100 ?" s9i Form MAP.LOC -'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE License Borrower IW N/A ftpw1VAddrW5 37 DERBYSHIRE. DRIVE City CARLISLE Cw* CUMBERLAND PA Zip Codif 17013-9260 Lander FETCHEN DAVID B. /CYNTHIA ''tyr Y.;e •3r ?!?' ep 'V}`?"'"cs:'" L'7 .''S.?,c i:. :?Q?r,.>?'.:;'l7: l.F sing:. '•?'S:. ••? l.:ii *e'.` W. 'TY.• =?;:,, ::'? ?•yy?r;i^' ? fit.:: •' ??`'-?. .-•"%'?' j a I-V r' . - ..?3; i .. .. ;,?M1;t:,•. ::Ory'Ig.^y+ `.if':?::,<,: "': =. r_i:'j 4AR r.., ?•i!:+:' 7'^j :y. ' Y W ?'•+' ',? ? .:.p0.:,.: .?.Y . , ? . Su M 1? lei r 362 r 543 r Form MANX -'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE E & 0 Insurance Borrower N/A PmwtvAddress 37 DERBYSHIRE DRIVE i CARLISLE C CUMBERLAND Side PA. A Code 17013-9260 Lander FETCHEN DAVID B. /CYNTHIA GENERAL STAR NATIONAL INSURANCE COMPANY GeneralStar- P.O. Box 10364 ..•^- Stamford, Connectkut OWN REAL ESTATE APPRAISERS ERRORS & OMISSIONS LIABILITY INSURANCE POLICY DECLARATIONS PAGE This is a claims made and reported policy. Please read this policy and all endorsements. and attachments carefully. Poky Number: NIA791WIC Renewal of Nu nber h3A' MIB Patrick A McCarthy 1. NAMED INSURED: e3 Kslly Drieo NWLINGADOMSS CartWo.PA 17013 2, POLICY PERIOD: inception Date: a1RU3.006 Expiration Dale: W-2 VIM Effective 1201 e_m. Surndard Time at the ma" address of the Nomed In9rred. 3. LIMIT OF LIABILITY: Each Clahn: $ Uftow Aggrtx,)ate. S 2,OBr3,owl Lock Box Liability: NIA 4. CLAIM EXPENSES, F. li:wea ruParata limit c$liabilily. S. STATUS OF INSURED: f nprrttv5?? & DEDUCTIBLE Each Clakn: S_SOrat.00e t. the dcJva?k amarat apcciftcd a lWre appiier to bah Dama?s and Maims Fiapraaa. 7. PRIOR ACTS DATE 0&:1.2003 If a date is indicdad this Imwance will rqt apply to anyreyulm act, error, onvssion or personal inlay Which OcCrrred before such date. & PREMIU : S 390.00 8- ENDORSEMENTS; This policy Is made and acee04d such to the printed cor4kions In this poky togother with the provisions, sWularionl and agreements corsAkkrsd in the idlov*V lormN) a endorsemwa(s). CAN4"F.-t r- M7104) 0W4(.PI-9WA (0,M" iAa't..2lrt (if?Q!]W) c:xTlA7PL.a7s (tC:X10F) 10. fdAN Herbed AGENT ?d Flerbart H. Lardy Irrsrarohce Agency, Inc. 75 Second Avenue, Suite 410 Needham, Massachusetts 02494-2876 Authortzed Reprnseiitadve prods Code (M633e ClatsCufr.73121 [lac 13R''U7f:006 SLAr: GSN-O6-RE-720 (0312005) SU6 m X97 r 394 r 59f T -? Form MAP10C -'TOTAL for Windows' appraisal software by a la male, inc. -1.800-M AMODE FROM: IVICCARTHY ASSOCIATES 83 KELLY DRIVE CARLISLE, PA 17013 FETCHEN, DAVID B. [Hie NO. FETCHEN.R? ?#23 INVOICE DATE REFERENCE FETCHEN , 12-7-08 PRIV.I CONFID. DAVID B DESCRIPTION AMOUNT 37 DERBYSHIRE ROAD 325.00 CARLISLE, PA. 17013 FETCHEN, DAVID B. subtotal 325.00 Late Fee TOTAL S 325.00 TO: FETCHEN, DAVID B. / CYNTHIA A- 37 DERBYSHIRE ROAD CARLISLE, PA. 17013 McCarthy Associates Form NIL -'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-M AMODE I t , 0 ?p,o y o ? S? on `"gam°? ?s* y * =a ° n ova°= a g °? b°. ? 0 7?ME. 5=.y 5 ^ Fir 63 Milli; 21 R 17 Av <H G7 oTTm- a? c.S;tao O a M ag?a ?y a PO m 3 y N O 5 0- x o qgn OS. ="n3- '^ a fn o. BBB n ?n R.o 3N(LL 0321tl01Ufltl UYN1903N ONtl 1N39V tl33SNtl91 (M'AL7 A3NW) EXHIBIT 2 w y w a w =a w 2 w H ' 32 s 3 Historical Quotes: Charting Tools for Looking Up a Security's Exact Closing Price - BigC... Page 1 of 1 I a I , More Enter Keyword(s) 1 SEARCH f+L.?,aF_ rv.n6ed4Tie W,%UShad daaoxwt4Ja?ing Zaiaar y, `FSod out -m at T4e1AWZmntaro,ma A**b.Of +rMl?e?'' ant (1? Milo Haab„? oaata?. (.a terd(nkn ti{wtasa ,? tt?eerHer Cseas Wit;¦tlwaoN Ti(?{ nessiea RgdeeLa- This historical Quotes tool /blue you to look up a security's exact dosing pole. Simply type in the symbol and a historical dab to view a quota and mid dad for that security. Enter Symbol KAMN Enter Dote: .5/18/2006 Kaman Corp Thursday. May 18, 2005 Closing price: 21.00 Open 21.34 High: 21.34 Low. 20.73 Volume: 82,400 No Spits Go To Charting ? 2-Month Daily Chart of Kaman Corp Sponsored Links Where Your Sure? Average US Credit Score is 892. Cost to See Yours Today is so www.FresCredhR"rt.com Stocks Ready To Soar Hot News Alen, Huge Profits, Stock Near Explosive Breakout Point www.otestockoxchange.com Forget about Spreads With an all new trading platform, F_xpressFX. fxdub-forgetspreads.guideci corn Practice Forex Trading Start Trading With A Free $50,000 Demo Account. Play Before Psyl www.fxcm.com Trade with E'TRADE Take our free online Unlock stock fund and Seournss seminars. Charles newsletter performance r.*-h -9. JjWM I Ahatt I Job Omortunmas i Cooled Us i Feedback i HWR License and Integrate news, custom financial took and date from tlmnr Jonas Cited SosrlbnIt- Copyright O 2006 MarkelWsldr, inc. Ali rights reserved. By using No she, you agree to the Tema of Same end Pdvad Policy (updated NJI03). Intraday data provided by IMIMctlw Drs Real Time SsMea. a division of Interactive Date Corp. and subject to terms of use. Historical and current ardolLdey data provided by Interactive Date Pricing and Reference Date. More Intomaion on NASDAQ traded svmbnfe end their caused Mandel status. Intraday data delayed 15 minute for Nasdaq, and 20 minutes for other exchanges Dow Jonas IndwesSM from Dow Jones a Company, Inc. SEHK Iedroday data Is provided by Comelock and Is at least 60-dnutes delayed. AN quotas are M local exchange thus. EXHIBIT 3 http://bigcharts.marketwatch.comlhistoricalldefault.asp?detect=l &symbol=KAMN&close... 6/16/2008 01/21/2008 NOW 11s18 VAX 17179391299 Kaman Harrisburg 4)j, f ?6? Life Policy Status Q001/002 JANUARY 21, 2008 FETCHEN, DAVID B 5207 WINDSOR BLVD MECHANICSB'URG PA 17055-3529 Insured FETCHEN, DAVID B Hale Birthdate: DEC-13-61 Issue Age: 29 Current Age: 46 Bider Amt/Units WPD Div Option: Dividend Accumulations Tot Accums: 1,863.63 Policy No: 1161-0208 Amount: 50,000 Kind: EXECUTIVE PROTECTOR Status: PREMIUM PAYING Current Preen: 43.00 Non--Smoker Prior Prem: 43.00 Mode: MONTHLY/NORMAL BILL SP Month: 41.00 Offset: No SFPP Acct: None Pol Dt: JM-28-91 Prem Dt: JUL-28-91 Pd-To-Dt: DEC-28-07 Accumulate Paid-UP Additions Cash Values as of: Total PUA: Pd Up Addns: Historical Dividend Info Historical Pd Up Addns Info Policy: Prior: 1,671.69 Prior: Interest: 91.94 Current Div Buys Current Div: 100.00 Pd Up Addns: Beneficiary Information Primary: IRMGARD FETCHM REVOCABLE Relationship: PARS Settlement Method: ONE SUM Successor: DARLEEN A FETCHEN-PLENES Relationship: BROTHER/SISTER Settlement method: ONE SUM EXHIBIT Total: Incr Last Yr: JUL-28-07 6,155.50 6,155.50 561.00 IBask R1wIED R OuKk I?Yimsil advertisement BLUE BOOKO PRIVATE PARTY VALUE Condition Excellent Good (Selected) Fair Value $2,400 $2,085 $1,710 Average Consumer Rating (29 Reviews) Read Reviews ***I(? 4.4 out of 5 Review This Vehicle Vehicle Highlights mileage: 115,500 Engine: 4-Cyl. 1.6 Liter Transmission: Automatic Drivetrain: FWD Selected Equipment Standard Power Door Locks AM/FM Stereo Tilt Wheel Dual Front Air Bags Optional Single Compact Disc Sun Roof Blue Book Private Party Value Private Party Value is what a buyer can expect to pay when buying a used car from a private party. The Private Party Value assumes th e vehicle is sold "As Is" a carries no warranty (other than the continuing factory Jay vary depending on the vehicle's actual conditio EXHIBIT is value may also be used to derive Fair Market V donation purposes. 11 5 OF Send to Printer advertisement Close Window " Vehicle Condition Ratings Excellent Irlpppp $2,400 • Looks new, is in excellent mechanical condition and needs no reconditioning. • Never had any paint or body work and is free of rust. • Clean title history and will pass a smog and safety inspection. • Engine compartment Is clean, with no fluid leaks and is free of any wear or visible defects. • Complete and verifiable service records. Less than 5% of all used vehicles fall Into this category. -/ Good (Selected) 000IM", $2,085 • Free of any major defects. • Clean title history, the paints, body, and interior have only minor (if any) blemishes, and there are no major mechanical problems. • Little or no rust on this vehicle. • Tires match and have substantial tread wear left. • A "good" vehicle will need some reconditioning to be sold at retail. Most consumer owned vehicles fall into this category. Fair OM $1,710 • Some mechanical or cosmetic defects and needs servicing but is still in reasonable running condition. • Clean title history, the paint, body and/or interior need work performed by a professional. • Tires may need to be replaced. • There may be some repairable rust damage. Poor N/A • Severe mechanical and/or cosmetic defects and is in poor running condition. • May have problems that cannot be readily fixed such as a damaged frame or a rusted-through body. • Branded title (salvage, flood, etc.) or unsubstantiated mileage. Kelley Blue Book does not attempt to report a value on a "poor" vehicle because the value of these vehicles varies greatly. A vehicle in poor condition may require an independent appraisal to determine its value. * Pennsylvania 6/10/2008 37 Derbyshire Dr Cindy Dave Fetchen Appraisal Carlisle, PA 17013 ITEM AMOUNT STUFFED BENCH 150.00 DINING ROOM SUITE 1,200.00 STUFFED CHAIR 50.00 DISHES & CHINA 40.00 METAL LIGHT 20.00 3 LEG STAND CLOVERLEAF 60.00 MONITOR 5.00 HIGH BACK LOVE SEAT 200.00 FOOT STOOL 2.00 BLANKET CHEST 75.00 OFFICE CHAIR 25.00 DESK 40.00 FLOWER STAND 20.00 PICTURES LAMPS MSC. 35.00 2 PC SOFA SET HIGH BACK CHAIR' 200.00 50.00 3 PC COFFEE TABLE SET STARR PIANO ENTERTAINMENT CENTER W/ TV DVD MSC 120.00 100.00 200.00 ORNATE BAR 2,500.00 3 PC PARLOR SET 650.00 MARBLE TOP STAND 75.00 4 TV'S VCR MSC LOT 50.00 STUFFED CHAIR 10.00 MARBLE TOP STAND 100.00 PLANT STANDS DINETTE SET REF _ 50.00 100.00 300.00 MICROWAVE 25.00 STOOL 4.00 4 PC BEDROOM SET 600.00 DRESSER W/MIRROR 7 PC BEDROOM SET 40.00 1,400.00 ROCKER 25.00 CHAIR 10.00 ARMOIRE LAMPS - MSC. 35.00 5.00 DINETTE SET 100.00 EXERCISE EQUIPMENT 10.00 2 PC SOFA SET 5.00 BOOKS - KNICK KNACKS - MSC. 7.00 BOOK SHELF 5.00 TABLE & CHAIRS 10.00 CHRISTMAS ITEMS BOX LOT 40.00 ACOUSTIC BASE UPRIGHT W/CASE 300.00 TOTAL 9,048.00 EXHIBIT 1 3/12/2007 I y I Partial list of marital personal property located at marital residence still unvalued A. Laundry Room 1. 1 picture 2. 2 wall ornaments 3. Kenmore washer 4. Kenmore dryer 5. towels B. Kitchen 1. Kenmore dishwasher 2. 32" x 67" stainless steel Frigidair Pro Series refrigerator 3. stainless steel garbage can 4. 8 pictures 5. glassware and houseware items 6. 1 bench 7. coat rack 8. area rug and runner C. Bedroom "1" 1. 2 lamps 2. bench 3. plant stand D. Bedroom "2" 1. 48" x 68" 4-drawer antique dresser with mirror 2. 2 benches 3. crib 4. file cabinet 5. plant stand E. Basement 1. dehumidifier 2. 2 stools 3. 3 bookshelves 4. couch 5. love seat 6. wooden coffee table 7. end table 8. wine rack 9. Zenith 26" television 10. tools 11. antique bedframe 12. christmas decorations and wreaths 13. pillows 14. shoes EXHIBIT E7 : . 1 F. Gaz 1. 2. 3. 4. 5. 6. 15. houseware items age 2 bicycles antique dishes and glassware 2 ladders 4 folding chairs pots and glassware for plants 2 suitcases G. Kitchen nook 1. 6 pictures 2. mirror 3. clock 4. area rug H. Master Bedroom 1. 8-drawer jewelry cabinet with miscellaneous jewelry and watches 2. 3-leg antique table 3. blankets and pillows I. Great Room 1. plant stand 2. 2 foot rests 3. 2 lamps 4. magazine rack J. Den 1. antique table 2. office chair 3. 48" x 19" cedar chest 4. 8 pictures 5. plant stand 6. 2 lamps 7. shredder 8. foot rest K. Dinin g Room 1. 42" x 19" antique bench 2. 1 chair 3. wine rack 4. mirror 5. picture L. Sun Room 1. antique coffee table 2. 2 antique lamps 3. leather foot rest 4. 6 plant stands 5. 2 pictures 6. 3 sun wall ornaments 7. mirror 8. 3 area rugs 5207 Windsor Blvd Cindy and Dave Fetchen Appraisal Mechanicsburg, PA 17055 ITEM AMOUNT LES PAUL GIBSON GUITAR 250.00 OVATION LX GUITAR 300.00 STEINBERGER 4 STRING GUITAR 100.00 IBAHEZ ROADSTAR GUITAR 75.00 FENDER JAZZ GUITAR 50,00 YAMAHA GUITAR 100,00 EURODESK 400 WATT MX 9000 1,000.00 BEHRINGER 150.00 STAND W/ MIXER SOUND PATCHES PLAYBACKS 500.00 STAND W/ MIXER SOUND PATCHES PLAYBACKS 200.00 STAND W/ MIXER SOUND PATCHES PLAYBACKS 400.00 STAND W/ MIXER SOUND PATCHES PLAYBACKS 500.00 STAND W/ MIXER SOUND PATCHES PLAYBACKS 50.00 MSC CABLES RECEIVERS MIXERS PROCESSOR PARTS 20.00 LLAMA 380 CAL PISTOL RUGER 22-45 CAL 200.00 _---._-__- 225.00 SWISON 9MM SKS M59-66 MOSIN GAN& 7.62 RUSSIAN 2 @ 125. 150.00 100.00 250.00 98 K MAUSER 200.00 RUGER 9MM 300.00 CZ 452 22 CAL 75.00 ROMANA AK 762.39 100.00 SETME BATTLE RIFLE 200.00 ROMANA AK 762.39 BUSHMASTER M4 223 CAL 200,00 125.00 BUSHMASTER A2 223 CAL ------ ---- - ----- - ----- - --- _-- ----- --- _ . TOTAL ;--- 125.00 5,945„00 EXHIBIT 3/12/2007 FETCHEN, DAVID B 09013 - KAMAN CORPORATION THRIFT AND RETIREME... Page 1 of 6 .. KAMAN Kaman Corporation Thrift and Retirement Plan DAVID B FETCHEN 37 DERBYSHIRE DRIVE CARLISLE, PA 17013- Your Account Summary Beginning Balance Change in Market Value Ending Balance Additional Information Vested Balance Your Personal Rate of Return This Period Participant Statement 9 Customer service: (800) 835-5095 Fidelity Investments Institutional Services Co. 82 Devonshire Street Boston, MA 02109 Statement Period: 05/30/2006 to 05/30/2006 $32,733.30 -$380.46 $32,352.84 $27,643.76 -1.2% Your Personal Rate of Return is calculated with a time-weighted formula, widely used by financial analysts to calculate investment earnings. It reflects the results of your Investment selections as well as any activity in the plan account(s) shown. There are other Personal Rate of Return formulas used that may yield different results. Remember that past performance is no guarantee of future results. Your Asset Allocation Statement Period: 05/30/2006 to 05/30/2006 https://workplaceservices400.fidelity.cone/netbenefits/savings2lsodlsoddetail?sodPreview=... 1/25/2007 Why is This Important? Fidelity NetBenefits Summary Account: 'ORS NASCO (10572) Data as of 10/31/2006 Current Balance $19,385.46 Vested Balance $19,066.67 View your current Contributions Investments Sources Asset Classes Year-to-Date Change This view shows the investments that you hold within your plan. To view historical performance, click an investment. Current Investment Balance (%) 33.25% FA VALUE STRAT T 32.42% FA MID CAP T Current Balance ($) $6,445.22 $6,285.10 $4,263.97 $2,391.17 $19,385.46 Pagel of 2 22.00% FA HEALTHCARE T 12.33% FA EQUITY GROWTH T 100% Investments by Asset Class Stock Investments Balance Shares NAV Change Per or Units Share or Unit ($) Large Cap FA EQUITY GROWTH T $2,391.17 46.987 $50.89 -$0.02 Mid-Cap FA VALUE STRAT T $6,445.22 197.706 $32.60 FA MID CAP T $6,285.10 250.004 $25.14 Specialty -$0.06 -$0.03 FA HEALTH CARET $4,263.97 188.421 $22.63 -$0.03 Balances and prices are subject to nightly account updates. Before investing in any mutual fund, please carefully consider the investment objectives, risks, charges and expenses. For this and other information, call or write Fidelity for a free prospectus. Read it carefully before you invest. Questions? Call (800) 890-4015 EXHIBIT Ketftno tB'"provi led bey. Q Copyright 1996-2006 FMR Corp. EXHIBIT All rights reserved. L Your Security rwirswrsernTw . O DC=423 HW=3 IA=1 AT=2 SZ=2 https://workplaceservices400.fidelity.com/netbenefits/savings2/linkto/balances 11 /1 /20f)F Statement David B Fetchen 37 Derbyshire Dr Carlisle, PA 17015 William Parker National Planning Corp 4200 Crums Mill Rd 2nd Floor Harrisburg, PA 17112 717-541-1500 Combined Account Portfolio Period: 01/01/2006-05/3012006 Created: l 1 /27/2006 Holdings by Investor David B Fetchen Acct Name: IRA FBO DAVID B FETCHEN PERSHING LLC AS CUSTODIAN ROLLOVER ACCOUNT 37 DERBYSHIRE DR CARLISLE PA 17015-9260 Acct No: 4NS197737 Acct Type :Pershing LLC Retirement Account Asset Name Ticker Asset Type Mgt. Name ' Quantity Price($) Value($) AMERICAN BALANCED FUND-C BALCX BLEND AMERICAN 867.18 17.86 15,487.91 FUNDS BROKERAGE MONEY MARKET CASH OR OKERAGE BR 584.64 1.00 584.64 U VALENTS EA MONEY MARKET THE GROWTH FUND OF AMERICA-C GFACX EQUITY AMERICAN 125.14 30:23 3,782.95 FUNDS Account Total: $19,855.50 Acct Name: IRA FBO DAVID B FETCHEN PERSHING LLC AS CUSTODIAN ROTH ACCOUNT 37 DERBYSHIRE DR CARLISLE PA 17015-9260 Acct No: 4NS197729 Acct Type: Pershing LLC Retirement Account Asset Name Ticker Asset Type Mgt. Name Quantity Price($) Value($) BROKERAGE MONEY MARKET CASH OR BROKERAGE 82.94 1.00 82.94 EQUIVALENTS MONEY MARKET HOTCHKIS & WILEY LARGE CAP HWLCX EQUITY WO H 268.58 22.90 6,150.41 VALUE FUND CLASS C FUNDS EY HOTCHKISAND WILEY MID-CAP HWMCX EQUITY HOTCHKIS & c 238.75 27.58 6,584.78 VALUE FUND CLASS C WILEY FUNDS THE GROWTH FUND OF AMERICA-C GFACX EQUITY AN AMERIC 27'24 30.23 823.50 FU NDS Account Total: $13,641.63 Investor Total: $33,497.13 EXHIBIT Incomplete H presented without accompanying disclosure page Page 1 of 6 i k F ?? Holy. Spirit Hospital Retirement S,avirii s Statement r July 1, 2006 - September 30, 2006 ENV#40011544 40 58940 73116 T CYNTHIA. ANN F.ETCHEN ?T For online.access,19g on at: 37 DERB.YSHIRE DR. httpl/www.fidelity.g6Watv4ork CARLISLE, PA 17013-9260 For information,c4ll:.(800)343=.0860 i Your. Account Summary Beginning Balance $21,613.91 Fees -3.75 Change in Account Value 736.82 Ending Balance $22,346.98 Additional Information t• Dividends & Interest $32.23 Your Personal Rate of Return This Period 3.4% Year to Date 7.0% Your Personal Rate of Return is calculated with a time-weighted formula, widely used by financial analysts to calculate investment earnings. It reflects the results of your investment selections as well as any activity in the plan account(s) shown. There are other Personal Rate of Return formulas used that may yield different results. Remember that past performance is no guarantee of future results. Your Asset:-Al10 *tion Stocks 76% Bonds 24% Your investments are currently allocated among the displayed asset classes. Percentages and totals may not be exact due to rounding. The Additional Fund Information section lists the allocation of your blended funds. Account Value This section displays the value of your account for the pe riod, in both shares and dollars. Shares on Shares on Price on Price on Market .Value a et a ue Investment 0613012006 09130,12006 0613012006 0913012006. on.0613012006 . on.0 913 012 0 0 6 Stock Investments $8,640.48 ;6;961.72 Fid Equity Income Fid Overseas 59.712 121.774 59.898 121.774 $54.40 $44.28 $57.50 $45.31 3,248.33 5,392.15 3,444.14 5,517.58 Blended Investments` $11,336.08 $11,69621 Fid Freedom 2020 767.507 767.507 $14.77 $15.24 11,336.08 11,696.81 Bond Investments $1,637.35 $1,688.45 Fid Intermed Bond 162.435 164.246 $10.08 $10.28 1,637.35. 1,688.45 . ......... . .... . «.... ? .. :: ..:,).. :r. r. :.:. M :...... ,..:,..i'rQ.4:,:::::...:....:....::. ...u.,.:: {: . eriv'v. ?. Vii:. . ,. N. .. w.,:. ....4r:. .: .r.... .. •.n?.., :. ::?::w::.r:.:.v.:rv`.:r..??::,:..:?:-.:rrF::F.:..:..?:^. :.: ?`Y:?:::::: •:.: k,:..::. ?. I. :,:n#;i.h.: .:..?.,. {..,.? 'i::::? At:co t~?'tstal.a .:..............:........... .......... ..:............... :...:: ?.,.:>,:,;?.:>:.<.::.::........., .. •:4: ???i :::: r..:l :. :.:..4.,.:..: :.. .. .. 4: ::,.,.,:.:: i?.k: t1Y?9' f:.<: `34648 Please read this statement 11544 40011544 0001 20061006 Fidelity Investments, P.O. Box 770002, Cincii 1 to Fidelity Investments within 90 Page 1 of YGetir-ement port folio: `• quarterly review Website www.tin-cref.org Automated 24-Hour Information 800 842-2252 Personal Assistance 800 842-2776 M-F, 8am-10pm ET Sat., 9am-6pm ET July 1, 2006 - September 30, 2006 LJCRI FINANCIAL SERME5 FOR THE GREATER GOOD- 730 Third Avenue, New York, NY 10017-3206 CYNTHIA A FETCHEN 37 DERBYSHIRE DR CARLISLE PA 17015-9260 portfolio summary this quarter this year Beginning value as of: (06130106) $79,340.99 (12131105) $72,510.35 Changes during the period: Employer contributions 685.39 2,069.11 Your contributions 1,919.09 5,793.45 Net investment gain/loss 3,585.05 5,157.61 Ending value: $85,530.52 $85,530.52 total value as of 09/30/06: $85,530.52 This is a summary of the activity of all contracts listed in the "account values" section. Visit www.tiaa-cref.org and take a look at our new web design featuring easier navigation to our retirement planning tools, fund performance, product offerings and important information about the 2006 Pension Protection Act. TIAA-CREF is here to help you to and through retirement. E EXHIBIT FETCHE 04/08/2008 8:29 AM Department of the Treasury-Internal Revenue Service 1,040 U.S. Individual Income Tax Re Label (See instructions on page 12.) Use the IRS label. Otherwise, please print or type. Presidential Election Car L For the year Jan. 1-Dec. 31, 2007, or other tax year beginr A Your first name and initial Last name B DAVID B FETCHEN E If a joint retum, spouse's fast name and Initial Last name L 0071(99) IRS Use Or , 2007, ending .20 H Home address (number and street). If you have a P.O. box, see page 12. Apt. no. E 5207 WINDSOR BLVD R E City, town or post office, state, and ZIP code. If you have a foreign address, see page 12. MECHANICSBURG PA 17055 ? Check here if you, or your spouse if filing jointly, want $3 to go to this fund (see page 12) ? not write or OMB No. 1545-0074 Your social security number 162-48-1038 Spouse's social security number 169-54-1301 You must enter your SSN(s) above. Checking a box below will not change your tax or refund. You n Soous 1 Single 4 H the Head or household (with qual"r3 penwn). (See page 1 .) I LJ the qualifying person is a child but not our de endent e f Filing Status 2 W y Married filing jointly (even if only one had income) this child's name here. ? p n er Check only 3 Married filing separately. Enter spouse's SSN above 5 Qualifying widow(er) with dependent child (see page 14) one box. and full name here. Ill. CYNTHIA A FETCHEN 6a FUI Yourself. If someone can claim you as a dependent, do not check box 6a Boxes checked 1 Exemptions b Spouse on 6a and 6b No. of children c Dependents: (3) Dependent's 14) 14 K on 6c wh0: (2) Dependent's ual. child • lived with you relationship to social security number 1 First name Last name you for child tax a, (see 15 • did not live with you due to divorce or separation (see papa 16) If more than four dependents, see Dot ent r? o page 15. n ve - d Total number of exemptions claimed .......... . . . ..... . Add numbers on 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . . . . . . ............................................... 7 66,377 Income 8a Taxable interest. Attach Schedule B if required _ _ .. , .... _ 8a 216 Attach Form(s) b Tax-exempt interest. Do not include on line 8a 8b -2 here. Also 9a ................... Ordinary dividends. Attach Schedule B if required 9a attach Forms .................. ..... ...................... W-243 and Qualified dividends (see page 19) .......... 1099-R if tax 10 Taxable refunds, credits, or offsets of state and local income taxes (see page 20) ................... 10 was withheld. 11 Alimony received ........................................................................ 11 If you did not 12 Business income or (loss). Attach Schedule C or C-EZ .......................................... 12 get a W-2, 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here ? ? ........................ 13 see page 19. 14 Other gains or (losses). Attach Form 4797 14 15a IRA distributions 15a b Taxable amount (see page 21) 15b 16a Pensions and annuities _ .. 16a b Taxable amount (seepage 22) 16b Enclose, but do 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E 17 not attach, any 18 Farm income or (loss). Attach Schedule F 18 payment. Also ................. ........................ , please use 19 Unemployment compensation 19 Form 10404. 20a Social security benefits 20a b Taxable amount (see page 24) 20b 21 Other income. List type and amount (see page 24) ............................................... 41 22 Add the amounts in the far right column for lines 7 through 21. This is our to tal income ? 22 66,593 23 Educator expenses (see page 26) 23 Adjusted 24 Certain business expenses of reservists, performing artists, and Gross fee-basis government officials. Attach Form 2106 or 2106-EZ 24 Income 25 Health savings account deduction. Attach Form 8889 25 26 Moving expenses. Attach Form 3903 26 .. 27 .......................... One-half of self-employment tax. Attach Schedule SE 27 28 Self-employed SEP, SIMPLE, and qualified plans 28 29 Self-employed health insurance deduction (see page 26) 29 30 Penalty on early withdrawal of savings 30 31a Alimony paid b Recipient's SSN ? 31a 32 IRA deduction (see page 27) 32 33 Student loan interest deduction see page 30) 33 34 Tuition and fees deduction. Attach Form 8917 34 35 Domestic production activities deduction. Attach Form 8903 It a 36 Add lines 23 through 31a and 32 through 35 EXHIBIT 36 37 Subtract line 36 from line 22. This is our adjusted gross Income 1 1 37 66,593 For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 83. DAA 1 14 _ Form 1040 (2007) FETCHE 04/08/20%ILO+lh -.1. 13 FETCHEN 162-48-1038 Pan.7 Tax 38 Amount from line 37 (adjusted gross income) .. . ............................................ .. 38 66,593 a 4d • • 39a Check r 8 You were born before January 2, 1943, 8 Blind. I Total boxes k if J l Credits . chec ed ? 39a Spouse was born before January 2, 1943, Blind. Standard b If your spouse ilerrdzes on a separate return or you were a dual-status alien, see page 31 and check here ? 39b Deduction 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) 40 8,825 for- • P l ho 41 Subtract line 40 from line 38 . , .... , , .. .. . ..... . .... • .. .... 41 57,768 eop e w checked any 42 If line 38 is $117,300 or less, multiply $3,400 by the total number of exemptions claimed on fine see the worksheet on page 33 If line 38 is over $117 300 6d 42 3,400 box on fine , , ........................................ . .... 54 368 39a or 39b or 43 Taxable income. Su" line 42 from We 41. If line 42 Is more than line 41, enter -0• ... .. . ... . 43 , who can be daimed as a 44 .... .. . Tax (see page 33). Check if any tax is from: a El Form(s) 8814 b Foml 4972 dependent, c ? Form(s) 8889 . ......... .... 44 10,018 see page 31. ......................................................... . 45 Alternative minimum tax (see page 36). Attach Form 6251 . 45 • AN others: 46 ............................... . Add lines 44 and 45 .................................................. .................. .... ? 46 10,018 Single or Married filing 47 Credit for child and dependent care expenses. Attach Form 2441 47 separately, 48 .. . Credit for the elderly or the disabled. Attach Schedule R 48 $5,350 49 Education credits. Attach Form 8863 49 Married filing jointl or 50 .................. Residential energy credits. Attach Form 5695 50 y Qualifying 51 Foreign tax credit. Attach Form 1116 if required 51 widow(er), $10,700 52 Child tax credit (see page 39). Attach Form 8901 if required 52 Head of 53 Retirement savings contributions credit. Attach Form 8880 53 household, 54 Credits from: a E1 Form 8396 b El Form 8859 c Form 8839 54 $7,850 55 Other credits: a El Form 3800 b El Form 8801 C El Form 55 56 ....................................... Add lines 47 through 55. These are your total credits 56 57 Subtract line 56 from line 46. If line 56 is more than line 46, enter -0- .. ........................ Do, 57 10 018 58 Self-employment tax. Attach Schedule SE . ........... .... 58 Other T 59 ..... Unreported social security and Medicare tax from: a Form 4137 b Q Form 8919 59 axes 60 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required 60 61 Advance earned income credit payments from Form(s) W-2, box 9 61 62 Household employment taxes. Attach Schedule H . . . .. . . . 62 63 .................... ........... . . .... Add lines 57 through 62. This is your total tax . . ? 63 10,018 64 Federal income tax withheld from Forms W-2 and 1099 64 9 8 69 ?? Payments 65 2007 estimated tax payments and amount applied from 2006 return 65 If you have a 66a Earned Income credit (EIC) 66a ......... ..... ...................... qualifying b Nontaxable combat pay election ? 66b child, attach - Schedule EIC. 67 Excess social security and tier 1 RRTA tax withheld (see page 59) 67 68 Additional child tax credit. Attach Form 8812 68 69 Amount paid with request for extension to file (see page 59) 69 70 Payments from: a El Form 2439 b Form 4136 c Form 8885 70 71 Refundable credit for prior year minimum tax from Form 8801, line 27 71 <''•>' 72 Add Ones 64, 65, 66a, and 67 through 71. These are your total payments ...................................... ? 72 9,869 Refund 73 If line 72 is more than line 63, subtract line 63 from line 72. This is the amount you overpaid • .... .... 73 Dired deposit? 74a Amount of line 73 you want refunded to ou. If Form 8888 is attached, check here ......... ? H 74a See page 59 ? b Routing number XXXXX X= ? c T Checking 11 Savings and fill in 74b, 74c, and 74d, ? d Account number or Form 8888. 75 Amount of line 73 you want applied to our 2008 estimated tax ? 75 Amount 76 Amount you owe. Subtract line 72 from line 63. For details on how to pay, see page 60 ? 76 149 we ou O 77 Estimated tax penalty see page 61) 77 ::: 716:..1 0-4- Do you want to allow another person to discuss this return with the IRS (see page 61)? Yes. Complete the following. No Personal identification number (PIN) ? Designee Designee's name ? Preparer Phone no. ? Sign Under penalties of perjury, I declare that 1 have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Your signature Date Your occupation Daytime phone number Joint return? See page 13. Kee a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation Preparer's Date Cn m © Preparers SSN or PTIN Paid signature Flo d Fahnestock 4/08/08 -e self-employed 165-38-1443 PrepareeS Firm's name (or Accounting Associates EIN 16-5381443 Use Only yours ifseff-employed), ' 1849 W Lisburn Rd Phone no. address, and ZIP code Carlisle PA 17013-9734 717-258-6671 DAA Form 1040 (2007) FETCHE 04/08/2008 8:29 AM SCHEDULES A&B (Form 1046F Deoartment of the Treasury Schedule A-Itemized Deductions (Schedule B is on back) 2007 ? Name(s) shown on Form 1040 Your social security number DAVID B FETCHEN 162-48-1038 Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see page A-1) 1 ............ Dental 2 Enter amount from Form 1040, line 38 2 Expenses 3 Multiply line 2 by 7.5% (.075) 3 '•': s':': `• `' 4 Subtract line 3from line 1.Ifline 3ismore than line 1,enter -0-4 Taxes You 5 State and local (check only one box): Paid a X Income taxes, or 5 2,916. (See b General sales taxes .......... page A-2.) 6 Real estate taxes (see page A-5) ................................ 6 7 a:'•>::»:::> 7 Personal property taxes ................................ 7 8 Other taxes. List type and amount ? Other Taxes 8 72 9 Add lines 5 through 8 , .. _ .................................................................... 9 2 , 98 8 Interest 10 Home mortgage interest and points reported to you on Form 1098 10 4,948 << You Paid 11 Home mortgage interest not reported to you on Form 1098. If paid to the (See person from whom you bought the home, see page A 6 and show that page A-5.) persons name, identifying no., and address ? .............................................................. Note. 11 .............................. Personal 12 Points not reported to you on Form 1098. See page A-6 interest is for special rules not .............................. 12 ><»>: deductible. 13 Qualified mortgage insurance premiums (See page A-7) 13 :: ... > ........... 14 Investment interest. Attach Form 4952 if required. (See :: : ::: ::: page A-7.) .................................................... 14 15 Add lines 10 through 14 .......................................... ..... ....................... 15 4,948 Gifts to 16 Gifts by cash or check. If you made any gift of $250 or Charity more, see page A-8 ............ 16 889 If you made a 17 Other than by cash or check. If any gift of $250 or more, .......... gift and got a see page A-8. You must attach Form 8283 if over $500 17 benefit for it, 18 Carryover from prior year 18 . see page A-8. 19 Add lines 16 through 18 _ ....................................... ,•,,,,,.,,•,.,.....•,•••..., . . ............. ......................... .9 , 1 9 : 889 Casualty and Theft Losses 20 Casualty or theft loss(es). Attach Form 4684. (See page A-9.) .......... . . . .. • , ...... _ ............ 20 Job Expenses 21 Unreimbursed employee expenses--job travel, union and Certain dues, job education, etc. Attach Form 2106 or 2106-EZ ;........ .... : Miscellaneous if required. (See page A-9.) ? ...................... Deductions 21 .............................................................. 22 Tax preparation fees .................................. . . . 22 . . . ... (See 23 Other expenses-investment, safe deposit box, etc. List page A-9.) type and amount ? 23 24 Add lines 21 through 23 ...... .......... ... . .... . 24 . . ... .. ... ..... 25 Enter amount from Form 1040, line 38 25 :>: 26 Multiply line 25 by 2% (.02) . .. 26 ?"•''>'•° ......... .... ..................... 27 Subtract line 26 from line 24. If line 26 is more than line 24, enter -0 - .. ..... ....................... 27 Other 28 Other-from list on page A-10. List type and amount ? ........................................ Miscellaneous ............................................................................................ Deductions 28 Total 29 Is Form 1040, line 38, over $156,400 (over $78,200 if married filing separately)? Itemized ® No. Your deduction is not limited. Add the amounts in the far right column Deductions for lines 4 through 28. Also, enter this amount on Form 1040, line 40. ...... ? 29 8,825 Yes. Your deduction may be limited. See page A-10 for the amount to enter. 30 If you elect to itemize deductions even though they are less than our standard deduction, check here lip. For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule A (Form 1040) 2007 DAA FETCHE FETCHEN, DAVID B Federal Statements 4/8/2008 8:29 AM 162-48-1038 KAMAN Form W-2. Box 12 Description Section 401(k) contributions Total Amount $ 5,225 $ 5,225 FETCHE FETCHEN, DAVID B 4/8/2008 8:29 AM 162-48-1038 Federal Statements Schedule A. Line 5a - State and Local Income Taxes Description State Withholding on W-2s City Withholding on W-2s State Tax Payments State Withholding on W-2s City Withholding on W-2s State Tax Payments Total Amount 2,196 715 5 2,196 715 5 $ 5,832 Schedule A. Line 16 - Charitable Contributions by Cash or Check Description 50% Cash contributions $0.14/Mile * 280 Miles 50% Cash contributions $0.14/Mile * 280 Miles Total Amount 850 39 850 39 $ 1,778 o? 444-o00, KAMAN INDUSTRIAL TECHNOLOGIES CORP 1 WATERSIDE CROSSING WINDSOR, CONNECTICUT 06095 Taxable Marital Status: Single Exemptions/Albwanoes: • Federal: 0 PA: NIA Harrisburg Q 0 Earnings rate hours this period Regular 2375.00 80.00 2,375.00 Holiday Sick Special Incent Deductions Statuto Federal Income Tax -331.35 Social Security Tax -144.22 Medicare Tax -33.73 PA State Income Tax -71.35 Harrisburg C Income Tax -23.24 PA SUI/SDI Tax -1.43 Other Automobile - 71 .00 Checking 1 -1,082.82 Dental Pre-Tax -5.04' Hmo Pre -Tax -45.82' Ltd -9.96 Occ Tax-Pa -2.00 T&R Post-Tax -196.79 T&R Pre-Tax -356.25' " Excluded from federal taxable wages DAVID B FETCHEN 5207 WINDSOR BLVD MECHANICSBURG PA 17055 year to date 27,417.78 Your federal taxable wages this period are 228.85 593.75 $1,967.89 805.00 Other Benefits and 29,045.38 Information this period total to date G.T.L. 2.08 25.79 Sick 4,217.67 Ytd Gtl 1,764.57 412.68 872.94 284.35 17.43 850.00 60.48 549.84 118.55 24.00 2,458.07 3,854.55 20.00 25.79 0-'m . KAMAN INDUSTRIAL TECHNOLOGIES CORP 1 WATERSIDE CROSSING WINDSOR, CONNECTICUT 06095 DAVID B FETCHEN Earnings Statement Period Beginning: 05/24/2008 Period Ending: 06/06/2008 Pay Date: 06/06/2008 Advice number: Pay data %L IN NO k I is - "**"5338 EXHIBIT 1? $1,082.82 NON-NEGOTIABLE 00000230329 06/06/2008 ,` CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Pre-Trial Statement, was served this date on the below named by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: ?-,z 0 „ 0 g' Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) C'? c?a ?` w ?- ; ? ° ?- ,?, i c T ` tai. r ? . 1'r L: i ? ? w .... ;'s _ ?: ; ? l..Y ? ?? ( ?"` DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner: CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW Defendant/Respondent: NO. 06-2851 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 20th day of June, 2008, after hearing in the above-captioned matter and it appearing that the Defendant did, in fact, violate the Court's order and did have contact with David Fetchen, the Court does find that she is in contempt of court. Sentence of the Court is that the Defendant pay to David B. Fetchen attorney's fees in the amount of $325.00. By the Court, M. L. Ebert, Jr., v /Andrew H. Shaw, Esquire For the Plaintiff/Petitioner Charles Rector, Esquire For the Defendant/Respondent :lfh CcPt iEs .r aILCAL ??aY/o 8 I S .6 WV ? z IMP OOOZ MVIQ,-ry`?(;1 ijodd BHL JO 4-4 DAVID B. FETCHEN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2851 Civil Term CYNTHIA ANN FETCHEN CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter my appearance as co-counsel on behalf of the Defendant, Cynthia Ann Fetchen, in the above-captioned matter. RESPECTFULLY SUBMITTED, Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Ste. 202 Mechanicsburg, PA 17055 (717) 221-0900 Date: / - z &_4 r.a f ?; r r "" DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May 18, 2006 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated: W I " David B. Fetchen, Plaintiff ?-?; c :? ? J "? . ? ?? : .` ; :;_ ?? . . ?,.., :-, ; r_'z ::. ?.,, _ev DAVID B. FETCHEN, Plaintiff/Petitioner V. CYNTMA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE PETITION FOR BIFURCATION AND NOW comes Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff, David B. Fetchen, an adult individual currently residing at 5207 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Cynthia Ann Fetchen, currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce on May 18, 2006. 4. Petitioner's Complaint avers that the marriage is irretrievably broken. 5. This Court has appointed a Divorce Master to resolve the economic claims of the parties, amounting to equitable distribution of marital property. 6. Respondent is not seeking a claim for alimony pendente lite, alimony or counsel fees. 7. Respondent has continued to be uncooperative throughout the litigation process of this matter, thereby delaying a final resolution. 8. Respondent is not relying on Petitioner for support. 9. There are no minor children of the marriage. 10. Respondent is currently receiving medical insurance through her employment. 11. On or about January 16, 2009, the Master issued a Pre-Hearing Conference Memorandum suggesting to Petitioner that he file a Petition to Bifurcate. A copy of the Memorandum is attached hereto incorporated by reference as Exhibit A. 12. On or about January 28, 2009, Petitioner filed an Affidavit Under Section 3301(d) of the Divorce Code. A copy of the Affidavit is attached hereto and incorporated by reference as Exhibit B. 13. To date, Respondent has not filed a counter-Affidavit. 14. Since the divorce claim is not at issue and the ancillary claims are preserved by the pleadings, no prejudice will occur if a divorce is granted prior to the adjudication of the ancillary claims. 15. Compelling circumstances exist for the entry of the decree of divorce. 16. Pursuant to the Divorce Code, 23 Pa.C.S. § 3101 et seq., this Court is empowered to grant a divorce and to reserve jurisdiction over the remaining ancillary issues. WHEREFORE, Petitioner respectfully requests this Honorable Court: a. order bifurcation of this action; b. grant the requested divorce in the Complaint; and c. reserve jurisdiction over all the remaining ancillary issues before the Court. Respectfully Submitted, Andrew If Shaw, Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Petitioner VERIFICATION I, David B. Fetchen, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: ? -I &- g. avid B. Fetchen DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: VS. NO. 06 - 2851 CIVIL CYNTHIA ANN FETCHEN,: Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, January 16, 2009 THE MASTER: Present for the Plaintiff David B. Fetchen, is attorney Andrew H. Shaw, and present for the Defendant, Cynthia Ann Fetchen, is attorney Jeanne B. Costopoulos. Charles Rector is also attorney of record for the Defendant; Ms. Costopoulos and Mr. Rector, therefore, are acting as co-counsel. The parties are here today in the Master's office but not in the hearing room. We have discussed some issues which have developed since the last conference, one of the those issues is that wife now wants to pursue a claim for alimony. Counsel have indicated that they have come to an agreement with valuation of various assets including the value of the real estate, which is in wife's possession. The Master has directed counsel to file, within three weeks, a stipulation signed by counsel and the parties setting forth the various assets and the values of those assets as agreed upon. A memorandum should be attached with respect to any assets that they do not have a stipulation regarding value so that the Master is aware specifically of what asset values need to be addressed in a subsequent conference or hearing. Inasmuch as wife has now decided to pursue her alimony claim and has raised certain issues regarding her health and emotional status, the Master has directed that she provide a report within three weeks from a physician regarding her mental and emotional health relating to her ability to carry on employment. Wife was a registered nurse and worked for the Hershey Medical Center. She is no longer at that job and the Master also wants to know why she has changed her employment to the position where she is now a nurses' supervisor at a nursing home. We specifically know that she has a nursing background and we need to have clarification as to what she was previously doing at the Hershey Medical Center and what she is 1 currently doing presently as well as an income and expense statement that is updated relating to her current employment. This will accompany her medical evaluation. Mr. Shaw will then have an opportunity, after receiving a copy of the evaluation, to obtain his own expert to have wife diagnosed and then we will be able to proceed, if necessary, with a hearing on the economic issues of equitable distribution and alimony. The Master has also suggested, since Mr. Shaw has voiced some dismay that every time he is involved with the Defendant she has new issues or raises matters that further delay the proceedings, to bifurcate the divorce. Inasmuch as the parties are not relying on each other for financial support at this time (there is no current support or alimony pendente lite order), and there are no minor children in the case, and wife has medical insurance at her employment, the case should be able to proceed to a divorce preserving economic issues for further determination by the Master. Therefore, since wife has not indicated that she is willing to sign an affidavit of consent and a waiver of notice of intention to request entry of divorce decree, the Master has suggested to Mr. Shaw that he file an affidavit under Section 3301(d) averring a separation in excess of two years. This affidavit can be the basis of his petition, therefore, to request that the case be bifurcated, the parties divorced and the economic issues preserved for further determination. The Master will receive a status report within three weeks which will include the stipulation and the medical evaluation which will then be provided to Mr. Shaw and Master. Mr. Shaw will then have an additional period of time to respond. After these matters have been attended to we will then schedule a hearing or a conference, whichever counsel prefer, to move the case forward in the Master's office with respect to the final recommendations relating to the economic claims. cc: Andrew H. Shaw, Attorney for Plaintiff David B. Fetchen, Plaintiff Jeanne B. Costopoulos, Attorney for Defendant Cynthia Ann Fetchen, Defendant 2 DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETC13EN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE l..' r? f, " f?3 t r; i i -e -r i r ;• -F 11: ^t.. a> NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May 18, 2006 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerting alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: 7 a W - David B. Fetchen, Plaintiff CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Bifucation, was served this date on the below named by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: 7_ D Q Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) .L7 -Ti ?? r MAR o z zoos DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS Plaintiff/PetWoner OF CUMBERLAND COUNTY, PENNSYLVANIA V, No.: 06-2851 CYNTHIA ANN FETCHEN, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this Tr 'day of M g,r , 2009, upon consideration of Plaintiff's Petition For Bifurcation, IT IS HEREBY ORDERED AND DIRECTED THAT: 1. A rule is issued upon Respondent to show cause why Plaintiffs Petition should not be granted. 2. Respondent shall file an Answer on or before h ut ch 17 , 2009. 3. If no Answer to the Rule to Show Cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Respondent files an Answer to this Rule to Show Cause, and the Answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. VIs ' ?tv -*-? ? 41t, " T ALNn(r,,. w WE wd €-m4w IWI DAVID B. FETCHEN Plaintiff V. CYNTHIA ANN FETCHEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2851 Civil Term CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): /) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (1) (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. V116) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing an serve them on the other party. If l fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made herein are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. 0-4 a Cynthi A. Fetchen Date: 3-1-09 NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter- affidavit. G ? z" Y- ra 5 DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed by Defendant's counsel on May 25, 2006. 3. Date of execution of the Affidavit by Plaintiff required by §3301(d) of the Divorce Code: January 28, 2009 Date of filing and service of the Plaintiff's affidavit upon the Respondent: January 29, 2009; Date of filing of the Defendant's affidavit: March 23, 2009 4. Related claims pending: Equitable Distribution. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE 5. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: January 29, 2009 via First-class mail sent to Defendant's attorney. Date: ?7,-dam - V By: Andrew H. Shaw, Esquire Attorney I.D. # 87371 200 Spring Garden Street, Ste. 11 Carlisle, PA 17013 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Transmit Record, was served this date on the below named by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: I - Q Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) ...-- ? ? -. ? ? . 0 w ? C`C'1 V ? ?? "? ? ?? ? _ ? "?' 4ff .. ll?'' _ .' Y ? . DAVID B. FETCHEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA ANN FETCHEN NO. 06-2851 DIVORCE DECREE AND NOW, M%0,CA 31 , 1001 , it is ordered and decreed that DAVID B. FETCHEN , plaintiff, and CYNTHIA ANN FETCHEN , 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.") Equitable Distribution of Marital Assets By the Court, ?*a Attest: J. 'l Prothonotary Lr ryu y?" ? ?? ??? `. ?- ?. ? ?j `??J ??? ,i DAVID B. FETCHEN, Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW comes Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and petitions the Court as follows: 1, Petitioner is the above-named Plaintiff, David B. Fetchen, an adult individual currently residing at 520,7 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Cynthia Ann Fetchen, currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce on May 18, 2006. 4. On January 30, 2007 Petitioner filed a Petition for Special Relief requesting exclusive possession of the marital home. 5. Upon agreement of the parties an Order was issued May 18, 2007 granting exclusive possession of the marital home to the Respondent. (See attached Exhibit "A") 6. The relevant paragraph of the May 18, 2007 Order is paragraph #4: Cynthia shall provide proof to David that the mortgage payment has been received by the mortgage company by the 10th day of each month. If the mortgage payment has not been received by the 10th day of the month, David shall have the opportunity to make the mortgage payment. In the event David makes the mortgage payment under the terms above, Cynthia shall reimburse David within 10 days of the date he made the payment. 7. The Respondent failed to make the mortgage payment due March 1, 2009. 8. Petitioner made the current mortgage payment on March 11, 2009, and promptly notified Respondent's counsel. A copy of the letter sent to Respondent's counsel is attached hereto as Exhibit B. 9., Respondent has indicated that she will not reimburse Petitioner according to the Order of Court. 10. To date, Respondent has failed to reimburse Petitioner. 11. Petitioner has been forced to make the monthly mortgage payment on other occassions, thereby forcing himself to not only make arrangements for the cost of his current living arrangement, but also to be able to cover the cost of this mortgage payment even though he is not residing at the residence. 12. Petitioner is concerned that Respondent will be unable to make the monthly mortgage payment on an on-going basis from this point forward, thereby placing an even higher burden on Petitioner, and clearly violating the above- mentioned court Order. 1.3. Concurrence in this Petition was sought from Respondent's Counsel of record, Charles Rector, Esquire, Attorney Rector does not concur in this Petition. 14. The Honorable M.L. Ebert has ruled upon other related issues in this matter. THEREFORE, Petitioner respectfully requests this Honorable Court to find the Respondent, Cynthia Ann Fetchen, in contempt of the May 18, 2007 Order of court, and further award exclusive possession of the marital home to Petitoiner, to direct Respondent to reimburse Petitioner for the mortgage payment made by Petitioner on March 11, 2009, and to order Respondent to pay Petitioner for all attorney's fees, costs and any other fees related to the filing of this Petition. Date: Respectfully By: Andrew 14. Shaw; Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Petitioner VERIFICATION I, David B. Fetchen, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons.. Stat. § 4904 relating to unsworn falsification to authorities. I Date:--6 David B. Fetchen DAVID B. FETCHEN, Plaintiff/Petitioner V. CYNTHIA ANN FETCHEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW on this 18th day of May, 2007, upon agreement of the parties related to the Petition for Exclusive Possession filed by Plaintiff/Petitioner, it is hereby ORDERED as follows: Cynthia Fetchen is awarded exclusive possession of the marital residence located at 37 Derbyshire Drive, Carlisle, Pennsylvania. 2. David Fetchen shall be permitted to remove items of his personalty, and any other items of property mutually agreed upon between the parties, within 2 weeks of the date of the Order. 3. Cynthia shall be solely responsible for any and all mortgage payments, taxes, water and sewer bills, utilities, and any other bills associated with the marital residence. Cynthia reserves the right to seek credit of mortgage payments and tax payments at Equitable Distribution. 4. Cynthia shall provide proof to David that the mortgage payment has been received by the mortgage company by the 10th day of each month. If the mortgage payment has not been received by the 10th day of the month, David shall have the opportunity to make the mortgage payment. In the event David makes the mortgage payment under the terms above, Cynthia shall reimburse David within 10 days of the date he made the payment. 5. Neither party shall harass, stalk or annoy the other. EXHIBIT The above Order shall be in effect until this matter is resolved through an agreement of the parties or this Court enters a subsequent order. BY THE COURT: r" ` ::.'; T Ett w w ' , t nto W my hm ft MW of said "d, Caro*, Pa < t&rV LAW OFFICE OF ANDREW H. SHAW, P.C. 200 S. Spring Garden Street (717) 243-7135 (phone) Suite 11 (717) 243-7872 (fax) Carlisle, PA 17013 andrew@ashawlaw.com www.ashawlaw.com March 23, 2009 VIA FACSIMILE AND FIRST-CLASS MAIL Charles Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Re: Fetchen v. Fetchen Docket # 06-2851 Dear Mr. Rector: I am in receipt of your letter dated March 20, 2009. Your proposal is unacceptable to my client, as it requests for him to pay the mortgage on a house in which he no longer lives, to be repaid at an unknown time. Consequently, my client proposes two options: 1) your client move out of the marital residence and permit my client to move in and assume all responsibility for the mortgage payments, taxes and insurance, or 2) your client reimburse my client pursuant to my letter dated March 12, 2009. If your client has not committed to either option, and paid my client if she is electing option 2, by Friday, March 27, 2009, we will proceed with filing a petition for contempt. If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. I look forward to hearing from you soon. Thank you. Very Truly Yours,. 17 Al drew Shaw,?squire cc: David Fetchen EXHIBIT I 'G_ CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition For Contempt, was served this date on the below named by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Date: Ax' w H. S aw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) OFTHE_ 2009 APR -b Ph 2: 11 PENN 5 4-VAN A. APR 0 7 2009 4 DAVID B. FETCHEN Plxint?VPetitioner V. CYNTHIA ANN FET HEN, Defendint/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE %X AND NOW, this $? day of bA, D?A , 2009, upon consideration of Defendant's Petition For Cointempt, IT IS HEREBY ORDERED AND DIRECTED THAT: 1. A rule is issuO upon Respondent to show cause why Petitioner's Petition should not be granted. 2. 3. Respondent s1hall file an Answer on or before p ? A 2009. If no Answer! to the Rule to Show Cause is filed by the required date, the relief requested by kespondent shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Respondent files an Answer to this Rule to Show Cause, And the Answer raises disputed issues of material fact, an evidentiary hoaring will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. 5 L f :g WV 6- HdV 6001 Adk ION ia014d 3Hl. J© rl,ll±4C-(13l u DAVID B. FETCHEN, Plaintiff VS. CYNTHIA ANN FETCHEN, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 06-2851 CIVIL ACTION -LAW DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT Defendant, Cynthia Ann Fetchen, by and through her attorney, Jeann6 B. Costopoulos, Esquire, provides the following Answer to Plaintiff's Petition for Contempt: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted 6. Admitted 7. Admitted. 8. Admitted. 9. Denied. It is Defendant's intention to reimburse Plaintiff and to refinance the mortgage such that Plaintiff is no longer on any debt associated with the Marital Residence. Defendant has not indicated that she will not reimburse Plaintiff for mortgage payments is has made or will make pending the refinance. By way of further answer, Defendant has not made timely mortgage payments because she has been temporarily without employment, not because she is willfully failing to comply with the court's order. 10. Admitted. 11. Admitted in part; denied in part. It is admitted that Plaintiff has made the monthly mortgage payment on other occasions. It is denied that the cost of Defendant's current living arrangement with his mother is a burden worthy of mention as an expense to be considered. 12. Defendant is without sufficient information to comment on the content of Plaintiffs concerns. By way of further answer, Defendant fully intends to reimburse Plaintiff in full for all mortgage payments made and she intends to refinance the mortgage into her name solely. 13. Admitted. 14. Admitted. DEFENDANT'S NEW MATTER 15. Paragraph 1 through 14 above are incorporated herein by reference as though fully set forth. 16. Defendant is currently unemployed but expects to obtain employment in the near future. 17. Plaintiff s current living expenses are such that he can afford a short delay prior to being reimbursed by Defendant. 18. Defendant is seeking that the agreed upon order signed on May 18, 2007 be amended such that she is granted an extension within which to reimburse Plaintiff for mortgage payments made on Defendant's behalf and/or that said costs be deducted from her share of the marital estate in equitable distribution. WHEREFORE, Defendant respectfully requests this Honorable Court to amend its order dated May 18, 2007 to grant Defendant additional time within which to reimburse Plaintiff for the mortgage payments made on her behalf or to take the reimbursement from Defendant's share of the marital estate in equitable distribution. Dated: 11/?4U Jeann6 B. Costopoulos, Esquire PA Supreme Court ID No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 ATTORNEY FOR DEFENDANT VERIFICATION I, Cynthia Ann Fetchen, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: y eZ? - 0-1 Cynthia Ann Fetchen 4?? CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR DEFENDANT Date: `???? OF THE {"5 i 2 i 13 9 thPR 28 Psi 2: ' 9 DAVID B. FETCHEN, Plaintiff V. CYNTHIA ANN FETCHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-2851 CIVIL. ACTION - LAW IN DIVORCE ANSWER TO DEFENDANT'S NEW MATTER TO PLAINTIFF'S PETITION FOR AND NOW comes Plaintiff/Petitioner, David B. Fetchen, by and through his attorney, Andrew H. Shaw, and files the within Answer to Defendant's New Matter To Petition For Contempt as follows: 1. through 14. No response required. 15. No response required. 16. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 16. As a matter of further response, it is Plaintiff's understanding that Defendant is currently under house arrest, and is likely not in a position to find employment as a nurse. A copy of Defendant's criminal docket sheet is attached as Exhibit A. 17. Denied. Plaintiff s hours and pay have been cut back, and he is concerned about his ability to continually pay the mortgage for the residence where Defendant is residing. 18. Plaintiff is unable to admit or deny the relief Defendant is seeking. As a matter of further response, Defendant is apparently requesting this Court to modify its own Order because Defendant is now unable to comply with the terms of this Order as a result of her criminal actions. Defendant is in essence requesting to live at the premises at no cost, requiring the Plaintiff to pay the mortgage, insurance and property taxes for a house he does not live in. As a matter of further response, Plaintiff has been forced to pay the mortgage for the months of March, April and May of 2009. Defendant has failed to reimburse Plaintiff for the mortgage payments he has made as stated in this paragraph. WHEREFORE, Plaintiff requests your Honorable Court grant Plaintiff's Petition For Contempt, finding Defendant in contempt, ordering Defendant to pay all costs and attorneys' fees associated with this Contempt matter, order Defendant to reimburse Plaintiff for all mortgage payments made by Plaintiff for the months of March, April and May of 2009, and grant Plaintiff exclusive possession of the marital residence. Respectfully Date: B ? -'? Y: 2 Andrew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff VERIFICATION I, David B. Fetchen, verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. I*N Date:--5 ' Z. b - o Va Bavid B. Fetchen COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Numbsr.CP-21-CR-0001821-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 1 of 7 V. Cynthia Ann Fetchen Cross Court Docket Nos: CR-0000149-08 Judae Assigned: Date Fil : 07/15/2008 Initiation Date: 05/29/2008 OTN: L4187492 Lower Court Docket No: CR-0000149-08 Initial Issuina Authority: Mark W. Martin Final Issuina Authority: Mark W. Martin Arresting Agency: Upper Allen Twp, Police Dept Arrestina Officer. Dombroski, Thomas J. Case Local Number Tvoe(s) Case Local Number(s) Case Status: Closed Status Date Processina Status 03/04/2009 Sentenced/Penalty Imposed 10/28/2008 Awaiting Sentencing 10/10/2008 Awaiting Plea Court 09/30/2008 Awaiting Pre-Trial Conference 07115/2008 Awaiting Formal Arraignment 07/15/2008 Awaiting Filing of Information 07/15/2008 Awaiting ARD Hearing Arrest Date: 05/29/2008 Complaint Date: 06/01/2008 Case Calendar Event Schedule start Tvoe Start Date Time Formal Arraignment 09/30/2008 9:00 am Plea Court 10/16/2008 1:30 pm Pre-Trial Conference 10/28/2008 9:00 am Sentencing 03/04/2009 9:30 am Date Of Birth: 04/17/1959 Alias Name Fetchen, Cynthia A. Room Judge Name Schedule tts Jury Assembly Scheduled Room Courtroom 3 Judge Edward E. Guido Scheduled 4th Floor Scheduled Courtroom 5 Judge M. L. Ebert Jr. Scheduled City/State/Zip: Carlisle, PA 17015 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Participant Type Defendant Fafthen, Cynthia Ann Bail Action Set Commonwealth of Pennsylvania V. Cynthia Ann Fetchen Name Fetchen, Cynthia Ann Date Bail Type Percentaae 07/10/2008 ROR Docket Number:CP-21-CR-MIS21-2008 CRIMINAL DOCKET Court Case Page 2 of 7 Nsbbia Status: None Amount Bail Postina Status Postina Date $0.00 Posted 07/10/2008 I Sea. Oric Sea. Grade Statute 1 1 M 75 f 3802 43Al- Statute Descriotion DUI: Gen Imp/Inc of Driving Safely - 2nd Off Offense QTN Date 05/29/2008 L4187492 I 2 2 M1 75 13802 JJC- DUI: Highest Rte of Ale (BAC .16+) 2nd 05/29/2008 L4187492 Off Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Numb*r.CP-21-CR-MIS21-2008 CRIMINAL DOCKET Court Case Disposition Case Event Seauence/Description Sentencina Judge Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Lower Court Proceeding (generic) Lower Court Disposition Commonwealth of Pennsylvania Page 3 of 7 V. C nthia Ann Fetchen Disposition Date Final Disposition Offense Disposition Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type 1 / DUI: Gen Imp/Inc of Driving Safely - 2nd Off 2 / DUI: Highest Rte of Alc (BAC .16+) 2nd Off Guilty Plea Pre-Trial Conference 1 / DUI: Gen Imp/Inc of Driving Safely - 2nd Off Ebert, M. L. Jr. Name: Cumberland County District Attorney's Office Prosecutor Supreme Court No: Phone Number(s): (717) 240-6210 (Phone) Address: One Courthouse Square Carlisle PA 17013 07/10/2008 Held for Court (Lower Court) Held for Court (Lower Court) 10/28/2008 Dismissed 03/04/2009 /S Name: David E. Hershey, Esq. " Private Supreme Court No: 043092 Rep. Status: Lower Court Phone Number(s): (717) 502-5050 (Phone) (717) 502-5050 (Fax) Address: 130 W Church St Ste 100 Dillsburg PA 17019 Representing: Fetchen, Cynthia Ann " Entry of Appearance Not Filed I t Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Linked Docket Number Not Final 75§3802§§Al " 75§3802§§C"" Final Disposition 75§3802§§Al "" 2 / DUI: Highest Rte of Alc (BAC .16??( 2nd Off Guilty Plea 75§3802§§C"" Ebert, M. L. Jr. A)?'%/04/2009 03/11/2009 IPP I o J (?,cp{p?11o ^- Min of 60.00 Months O*W -7 " P - r Max of 60.00 Months COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Seauenoe Number CP Filed Date 1 07/15/2008 Original Papers Received from Lower Court Docket Number:CP-21-CR-0001821-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Cvnthia Ann Fetchen Document Date Page 4 of 7 Court of Common Pleas - Cumberland County - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1 09/23/2008 Information Filed Cumberland County District Attorney's Office - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1 09/30/2008 Appearance Praecipe, Filed. Hershey, David E. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 2 09/30/2008 Acknowledgment of Arraignment, Filed. Defendant is to appear for PTC on 10/28/08 at 8:30am and trial on 11/10/08 at gam. Hershey, David E. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1 10/28/2008 Guilty Plea Guido, Edward E. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 2 10/28/2008 10/28/2008 Guilty Plea Colloquy & Plea of Defendant, filed 10/28/08. Hershey, David E. - - - - - - - - - - - - - - - - - - - - - 1 11/03/2008 10/28/2008 Guilty Plea Order of Court, filed 10/28/08. Def. is to appear for Sentence on 3/4/09 at 9:30am in Courtroom #5 Judge Ebert. DUI Report ordered. Def. is to be screened for participation in the IP Program. Copies delivered/mailed 11/6/08. Guido, Edward E. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1 03/04/2009 Order - Sentence/Penalty Imposed Ebert, M. L. Jr. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 91 a3. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number.CP-21-CR-M1821-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 5 of 7 V. Cynthia Ann Fetchen Seauence Number CP Filed Date Document Date 2 03/04/2009 Sentence Order, Filed 3/4/09. In Re: License Surrender. 3/4/09 - Copies delivered/mailed. Ebert, M. L. Jr. - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 03/05/2009 DL-21 was Prepared Lebo, Dennis E. - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 03/05/2009 Penalty Assessed Court of Common Pleas - Cumberland County - - - - - - - - - - -- 1 03/19/2009 Guideline Sentence Form Cumberland County District Attorney's Office Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number.CP-21-CR-0001821-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 6 of 7 V. Cynthia Ann Fetchen Last Payment Date: Total of Last Payment: $0.00 Fstahen, Cynthia Ann Assessment Payments Adjustments Non Monetary Total Defendant Payments Costa/Fess Alco - Blood (Carlisle) (Cumberland) $150.00 $0.00 $0.00 $0.00 $150.00 Crime Lab User Fee - State Police $134.00 $0.00 $0.00 $0.00 $134.00 State Court Cost (Act 204 of 1976) $10.30 $0.00 $0.00 $0.00 $10.30 Commonwealth Cost - HB627 (Act 167 $8.90 $0.00 $0.00 $0.00 $8.90 of 1992) County Court Costs (Act 204 of 1976) $28.80 $0.00 $0.00 $0.00 $28.80 Crime Victims Compensation (Act 96 $35.00 $0.00 $0.00 $0.00 $35.00 of 1984) Victim Witness Services (Act 111 of $25.00 $0.00 $0.00 $0.00 $25.00 1998) Firearm Education and Training Fund $5.00 $0.00 $0.00 $0.00 $5.00 (158 of 1994) Emergency Medical Services (Act 45 $10.00 $0.00 $0.00 $0.00 $10.00 of 1985) JCP $8.00 $0.00 $0.00 $0.00 $8.00 ATJ $2.00 $0.00 $0.00 $0.00 $2.00 CAT/MCARE (Act 13 of 2002) $100.00 $0.00 $0.00 $0.00 $100.00 Substance Abuse Education (Act 198 $150.00 $0.00 $0.00 $0.00 $150.00 of 2002) Substance Abuse Education (Act 198 $150.00 $0.00 $0.00 $0.00 $150.00 of 2002) District Attorney (Cumberland) $19.00 $0.00 $0.00 $0.00 $19.00 Plea Fee (Cumberland) $150.00 $0.00 $0.00 $0.00 $150.00 Administrative Fee (Cumberland) $45.00 $0.00 $0.00 $0.00 $45.00 Sheriff Costs (Cumberland) $1.50 $0.00 $0.00 $0.00 $1.50 Automation Fee (Cumberland) $5.00 $0.00 $0.00 $0.00 $5.00 Traffic Report Costs (Cumberland) $8.00 $0.00 $0.00 $0.00 $8.00 Co DUI School (Cumberland) $200.00 $0.00 $0.00 $0.00 $200.00 DUI Booking Fee (Cumberland) $200.00 $0.00 $0.00 $0.00 $200.00 Costs/Fees Totals: $1,445.50 $0.00 $0.00 $0.00 $1,445.50 Fines Title 75, DUI $750.00 $0.00 $0.00 $0.00 $750.00 A Rev 041080009 Printed: 04A 2009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number.CP-21-CR-MI821-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 7 of 7 V. Cvnthia Ann Fetchen FeWhen, Cynthia Ann Assessment Payments Adjustments Non Monetary Total Defendant Payments Title 75, DUI $750.00 $0.00 $0.00 $0.00 $750.00 Fines Totals: $1,500.00 $0.00 $0.00 $0.00 $1,500.00 Grand Totals: $2,945.50 $0.00 $0.00 $0.00 $2,945.50 ** - Indicates assessment is subrogated AOPC 2220 - Rev 04/08/2009 Printed: 04/08/2009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Answer To New Matter, was served this date on the below named by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant Date: -r-,-2 7 - 0 J Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) DFF TI-2,, 2 1rjti f' 2 7 iii i i 3 l t DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2851 CIVIL CYNTHIA ANN FETCHEN, CIVIL ACTION -LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 28t' day of May, 2009, upon consideration of the Plaintiff's Petition for Contempt and the Defendant's Answer thereto and Plaintiffs Answer to Defendant's New Matter, IT IS HEREBY ORDERED AND DIRECTED that a status conference with counsel will be held in chambers of Courtroom No. 5 on Wednesday, July 1, 2009, at 11:00 a. m. IT IS FURTHER ORDERED AND DIRECTED that a hearing will be held on Friday, September 11, 2009, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The parties in this case shall file a pre-hearing memorandum with the Court on or before September 4, 2009, in the following format: 1. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. By the Court, . ?*k -?, ?a M. L. Ebert, Jr., J. t - ? Wk ,,,/Andrew H. Shaw, Esquire Attorney for Plaintiff Jeanne B. Costopoulos, Esquire Attorney for Defendant bas ?7 tE.S /na S/2-0/61 DAVID B. FETCHEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2851 CIVIL CYNTHIA ANN FETCHEN, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 1St day of July, 2009, after status conference with counsel in the above captioned matter, and the Court having been advised that the Full Master's hearing in the case will be held on July 23, 2009, at 9:00 a.m., IT IS HEREBY ORDERED AND DIRECTED that Defendant shall provide counsel for the Plaintiff with verification that the homeowner's insurance has been paid and the status of the outstanding payments owed on the 2008-2009 school taxes and 2009 county tax on or before the close of business on July 2, 2009. By the Court, Andrew H. Shaw, Esquire Attorney for Plaintiff eanne B. Costopoulos, Esquire Attorney for Defendant bas 1 M. L. Ebert, Jr., J. C-0 i'Cs rnb ( LL F 7/i/c' dal OF 1) 1 MOBJuL - I R "0 r ;` L' r ' DAVID B. FETCHEN, Plaintiff VS. CYNTHIA ANN FETCHEN, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 06-2851 CIVIL ACTION -LAW DIVORCE TO THE HONORABLE EBERT, JUDGE OF SAID COURT: DEFENDANT'S MOTION FOR CONTINUANCE Defendant, Cynthia Ann Fetchen, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Motion for Continuance: 1. Petitioner is Cynthia Ann Fetchen, Defendant above, currently residing at 37 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is David B. Fetchen, Plaintiff above, currently residing at 5207 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On April 6, 2009, Plaintiff filed a Petition for Contempt seeking to hold Defendant in contempt for failing to make timely mortgage payments. 4. Defendant filed an Answer and New Matter on April 28, 2009. 5. Plaintiff filed an Answer to Defendant's New Matter on May 27, 2009. 6. A pre-hearing conference was held before the Honorable M. L. Ebert, Jr., on July 1, 2009. 7. A hearing is currently scheduled on September 11, 2009 at 1:30 p.m. 8. Undersigned counsel for Defendant is scheduled to attend a family reunion in Pittsburgh from September 8, 2009 through September 12, 2009. 9. Since Defendant complied with the July 1, 2009 Order and has made all house payments since that time, no prejudice will result if a continuance is granted. 10. Settlement negotiations are ongoing and may result in an agreement to permanently cancel the hearing. 11. A full master's hearing is currently scheduled before the divorce master, Robert Elicker, on October 22, 2009, at which time all claims between the parties are expected to be heard and subsequently ruled upon. 12. Undersigned counsel has provided a copy of this Motion to Plaintiff's counsel, Andrew H. Shaw, Esquire, who has indicated that he does not oppose a continuance of this matter. WHEREFORE, Defendant respectfully requests a continuance of the September 11, 2009 hearing. Dated. f (3 / r 6 f RESPECTFULLY SUBMITTED BY: Je a B. Costopoulos, Esquire PA Supreme Court ID No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 ATTORNEY FOR DEFENDANT ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Cynthia Ann Fetchen, Defendant. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing petition are known to her and not necessarily to her client. 4. The facts set forth in the foregoing petition are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JEANNE B. COSTOPOU IRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR DEFENDANT Date: '0'61/67 CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 Date: 7 V d / By: JE & COSTOPOULOS, ES-QVW. Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR DEFENDANT E FILE OF THF }{?Y 2009 S EP --2 Pig LiJPv' ..l ?1 DAVID B. FETCHEN, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA VS. : No. 06-2851 CYNTHIA ANN FETCHEN, CIVIL ACTION -LAW Defendant DIVORCE ORDER OF COURT AND NOW this day of? , 2009, upon consideration of Defendant's Motion for Continuance and Plaintiff s concurrence thereof, it is hereby order that said continuance is granted and the hearing scheduled on September 11, 2009 is rescheduled to take lace on the 9?-- p _?. day of 2009, at 3 ?VZ ?..A m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Hon. M. L. Ebert, Jr. Distribution: ?J anne B. Costopoulos, Esq., 5000 Ritter Rd., Ste. 202, Mechanicsburg, PA 17055 Andrew H. Shaw, Esq., 200 S. Spring Garden St., Ste. 11, Carlisle, PA 17013 C i ?f.S /wt t l£C,C, Q??a fop BY THE COURT: FL9) -QF THE PPOTY ATRRY 2099 SEP -9 PM 4: 15 PEINNSYLVAANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AV d Plaintiff ?j 2 S S_ FILE NO. VS. IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having d been granted a Final Decree in Divorce on the l day of 0 Q r A hereby elects to resume the prior surname of -CL4 A ?k T 4 A o n Z a 1 and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: Z d 1 COMMONWEALTH OF PENNSYLVANIA ?1 M f __?ee_reeil=??f? Signature Si afore of name being resu d SS. COUNTY OF CUMBERLAND On the -22t---1C-(- day of (?4p? rR , 20L)l , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. (-Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 3 Is. T 2 3 zq"