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HomeMy WebLinkAbout06-6000 o. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie R. Fitchet, ) Civil Action - Law Plaintiff, ) ) o ~ .. /0 (JOO vs. ) No, ) Michael J. Fitchet, ) Defendant, ) In Divorce a v.m. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set fdrth in the following pages, you must take prompt action. You are warned that if you fail to do so, th~ case may proceed without you and a decree of divorce or annulment may be entered against you by ~he Court. A judgment may also be entered against you for any other claim or relief requested in thes~ 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 ofthe martiage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary of the Franklin County Court House, First Floor, Chambersburg, Pennsyl~ania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, L}.\ WYER'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 NOll HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTfI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA Only) or (717) 238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and teasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or busin.ess before the court. You must attend the scheduled conference or hearing. '\0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie R. Fitchet, ) Plaintiff, ) ) vs. ) ) Michael J. Fitchet, ) Defendant, ) Civil Action - Law No. ()(, - lPtrov e;;J I~ In Divorce a v.m. COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Julie R. Fitchet, who currently resides at 311 Liberty Drive, Shippensburg, Cumberland County, Pennsylvania, since May 2004. 2. Defendant is Michael J. Fitchet, who currently resides at 1936 Kent Drive, Camp Hill, Cumberland County, Pennsylvania, since February 10, 2006. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 8, 1994 in Virginia Beach, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. The Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. - I 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. C.S. Section 4904, relating to unsworn falsification to authorities. BARLEY SNYDER Date: \0/ g j CkJ ,; ~ -lv ~~< r1t. !1/Uo, . Sfu; M. Trinh, Esquire Attorney for Plaintiff ~ ~ ~ p, ; -<). ,. .$ c:=>:t (j\tJ\. ~ tP 0 \) ~S ~{ 0 ,.--, C) C::.) s;o~ t:':'J -Tl c:r~ "" 0 ~~ C';, c ; 1 --->>\ t.,..) c:: ...<:- (...) C..) ;,. t ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie R. Fitchet, ) Plaintiff, ) ) vs. ) ) Michael J. Fitchet, ) Defendant, ) Civil Action - Law No. 06-6000 In Divorce a v.m. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF FRANKLIN ) Suzanne M. Trinh, Esquire, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiff, Julie R. Fitchet, in the above-captioned matter; that she did serve a true and attested copy of the Complaint in Divorce, by mailing the same to Defendant, Michael J. Fitchet, by certified mail, restricted delivery, article number 7160 3901 9849 36294928, on October 16, 2006 to his mailing address of 1936 Kent Drive, Camp Hill, Pennsylvania 17011; that said certified mail article was delivered to Defendant, Michael J. Fitchet, on October 18, 2006, all as appears from the receipt for certified mail and the return receipt attached hereto. BARLEY SNYDER ~ (j'~ By: ~...t V}1 'o~' S . z e M. Trinh, EsqUIre A orney for Plaintiff Sworn and subscribed to before me this dOtb day of Q (I fobu- , 2006. -Jha.Jll<iJ1\ d /), , m a.0 Notary Public I COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L Freeman, Notary Public Olambersburg 8oro, Franklin County My Commission Expires Apr. 7, 2009 Member, Pennsylvania Association of Notaries ,,' I ' ~ ' 1..------.-------....------------- 111111111111111111I1 .. ~ 7lt1:.D 3cml. ...., 3~' ""'I 3. Service Type CERllFIED MAIL 4. A_tricted Delivery? (Extra Fee) KJves 1. Art~.Addressed to: M" el J. Fitchet 19 nt Drive Camp ,,)11, PelIDsylvania 17011 Julie Fitchet #43632 PS Form 3B 11, January 2005 &, '.~I S. Trinh Domestic Return Receipt 2 s:: -c.' cq n'lr,' :; ::1"2 c.n. s:; 20 ~,-. ~~-~ c.~:: ' c-:., (:-' (; r~) .,r.- ?:-"'. :;: r <1 U) ( ".t ,-':-t ..~~ N :~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie R. Fitchet, Plaintiff CIVIL ACTION - LAW No. 06-6000 v. Michael J. Fitchet, Defendant IN DIVORCE a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Under Section 3301(c) or 3301(d) of the Divorce Code was filed on October 13,2006. 2. . The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authprities. Date: _, -/1--0'1- 1757504-1 ';:::5 ~ <- ~ :;e. - co ~ ~:P -o~ -n i::) ( ) ~ :Tn Cd(-) ~~rn S ~ ~ -0 ~ '!! - O? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie R. Fitchet, Plaintiff CIVIL ACTION - LAW No. 06-6000 v. Michel 1. Fitchet, Defendant IN DIVORCE a v.m. AFFIDAVIT OF CONSENT 4. A Complaint in Divorce Under Section 330l(c) or 3301(d) of the Divorce Code was filed on October 13,2006. 5. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed :from the date of both the filing and service of the Complaint. 6. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE 7. I consent to the entry ofa final Decree of Divorce without notice. 8. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 9. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Date: 1-11-0, r---.) = = .....J '- ~,. ;z: co Q -\ ~:!J ~o8 :.IS J. c."C) :::? ::n L2B f-rn o -I ;1> ~ -0 - -"" c.f? co I ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie R. Fitchet, ) Plaintiff, ) ) vs. ) ) Michael J. Fitchet, ) Defendant, ) Civil Action - Law No. 06-6000 Civil Term In Divorce a v.m. 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: October 18, 2006 - Certified Mail; 3. Date of execution ofthe Affidavit of Consent required by Section 3301(c) ofthe Divorce Code: by Plaintiff, January 17, 2007; by Defendant, January 17,2007; 4. Related claims pending: Resolved through private Agreement; 5. (a) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 18, 2007; (b) Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: January 18, 2007. BARLEY SNYDER By: ne M. Trinh, Esquire rney for Plaintiff 1765658 (') ~-~ 1--) C~..::.') '-::..> ~.....l '- o -n ::?..... ,-n ==== '-'~0 N ~- :~~ ~;a~) ;-WI~ ::,.\ ?i :.. - - cr' ff. ff. ff. ff. ff. ff. ff. ff. ff. ff. ff. ff. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Julie R. Fitchet No. 06-6000 Civil TpTm VERSUS ff. Michael J. Fitchet ff. ff. ff. ff. ~ DECREE IN DIVORCE ~ ~ ~ ~ ~ ff. ~ AND NOW, ~, IT IS ORDERED AND ;70 DECREED THAT Julie R. Fitchet , PLAI NTI FF, ff. ~ ~ ~ ff. ~ ff. ff. AN D Michael J. Fitchet , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. ff. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED;~ ~ ~ ~ ~ ~ ~ ~ ~ PROTHONOTARY ff. ~ ~ ff. ff. ff. ff. ff. ff. ff. ~ Of. ~ Of. J. ~~ ~~P8Ii~ -h ff /?'--- 7"'1<: (iJ. qr-/ ~ f- ~-1r4J,,7 P'? U7-Q.-/ - " ;;. . '.~ - , 1 } 5. On November 16, 2006, Petitioner and Respondent entered into a Property and Separation Agreement (hereinafter "the Agreement"). (A true and correct copy of the Property and Separation Agreement is attached as Exhibit B). 6. Petitioner and Respondent are the parents of one child, namely Ty N. Fitchet,whom attends Marywood University in Scranton, Pennsylvania. 7. Pursuant to the Agreement between the parties, The parties hereby agree to share equally the cost of the child's undergraduate college or university education. The costs to be shared by the parties shall include tuition, room, board, and reasonable education-related expenses. The parties shall cooperate as necessary to assist the child in obtaining financial aid,grants, scholarships, and,if necessary,loans to finance her undergraduate education. In the event the parties are required to co-sign loans or to borrow money in their names to finance the child's undergraduate education, such liability, including costs, shall be borne as equally as possible under the circumstances existing at the time said financing is obtained. (See Exhibit B, page 13, paragraph 24) 8. The parties' child has incurred tuition at Marywood University for the 2013 Fall Semester, the 2014 Spring Semester, and the 2014 Fall Semester in the total amount of $71,800.00. (See attached Statements of Account from Marywood University, marked as Exhibit C). 9. To date, Petitioner has paid $18,334.50 towards tuition at Marywood for the parties' daughter. (See Exhibit C and Copies of Cancelled Checks attached and marked as Exhibit D). 10. Respondent has paid $6,998.50 towards tuition at Marywood University for the 2013 Fall Semester, 2014 Spring Semester, and the 2014 Fall Semester. (See Exhibit C). 11. Moreover Petitioner has paid $400.00 for parking at University for the parties' daughter. (See Parking Receipts, attached as Exhibit E). 12. Additionally, the parties' child has incurred educational-related expenses paid for by Petitioner in the amount $943.67 that have not been reimbursed or shared in by Respondent. (See various art supply and book receipts, attached as Exhibit F). 13. Finally, the parties' child attended summer class at HACC and incurred $910.45 for tuition and related expenses for which Petitioner solely paid. (See billing invoices from HACC, attached as Exhibit G). 14. In total, Petitioner has expended $20,188.62 for the educational related expenses of the parties' daughter. 15. Therefore, the Respondent owes Petitioner $6,590.06 in order to be in compliance with the Property and Separation Agreement executed between the parties. 16. Moreover, in the parties' agreement, "Husband shall provide Major Medical or equivalent health insurance coverage for the benefit of the child, at his sole expense, until such time as she graduates from college or is otherwise ineligible for coverage under a group health insurance plan available to Husband, whichever first occurs." (See page 11, paragraph 19 of Exhibit B). 17. Husband threatens to drop the Child from Insurance coverage despite agreeing to keep her covered in the agreement. 18. Additionally, the parties' agreement states: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek other remedies or relief as may be available to him or her. (See, Exhibit B, page 16, paragraph 30). 19. Since Respondent is in breach of the parties' agreement, Petitioner requests Respondent pay her Attorney's fees and costs incurred for the matter. WHEREFORE, Petitioner respectfully requests this Honorable Court grant the within Petition to Enforce the Property and Separation Agreement, requiring Respondent to reimburse Petitioner for half of the parties' daughter's educational expenses and to continue to pay half of the parties' daughter's educational expenses as previously agreed upon; keep the Child covered under his healthcare; as well as,pay Petitioner's attorney's fees and costs. Respectfully Submitted, ABOM&KUTU S,L.L.P. I 011 MtitIU2 fitaiu Date Michelle L. Som r,Esquire Attorney I.D. No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner VERIFICATION I,JULIE R. FITCHET, verify that the statements made in this Petition for Enforcement of Property and Separation Agreement are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 1U� � H t; TRjohotJU IE R. F 4,00.00.00.0.0.000.0.00000+00+000000000000001,00000000.000000000.0000+00.00000% . 0 IN THE COURT OF COMMON PLEAS ÷ 0 O 0 OF CUMBERLAND COUNTY 0 4 0 O 4 O STATE OF ' '', 3,. ' PEN NA. + 0 * + * Julie R. Fitchet 0 * 0 00 + No. 06-6000 Civil Term 0 • 0 • 0 O 0 O 0 O VERSUS 0' 4 4 4 ... Michael J. Fitchet0 0 0 0 4- O 0 O 0 0. 0 4. 0 O 0 O 0 0 DECREE IN 0 .DIVORCE 0 0 0 + 0 * 0 + * O 0 + January 30 2007 * AND NOW, IT IS ORDERED AND + 0 0 O 0 4 0 + 0 0 DECREED THAT Julie R. Fitchet , PLAINTIFF, 0 * o + 0 O 4 AND Michael J. Fitchet , DEFENDANT, 0 O 0 ^ 0 v 0 + 0 O ARE DIVORCED FROM THE BONDS OF MATRIMONY. 0 O 0 O 0 + 0 O 0 O THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE 0 O 0 BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT 0 0, * YET BEEN ENTERED: 0 0 4 O 0 + NONE 0 O 0 O 0. O 0 O 0 O 4 0 0 O 0 0 + BY THE COURT: 0 O 0 4 0 * o * Edgar B. Bayley 0 0 O ATTEST: J. 0 _ o 0 + Al 0 + 0 + —- figlir:40,00. 0 - . + ___ .......# . _ is...- + - .0 _PRo-n-4- * . - Certified Copy Issued: an ary 30, 00i EXHIBIT 0 000080000000+000000.00 , __ _ 2 &coo PROPERTY AND SEPARATION AGREEMENT BETWEEN EN JULIE R. FITCIiE'I' AND MICllAEI, .I. FITCIIl f BARLEY SNYDER LLC 247 LINCOLN WAY EAST CIIAMBERSBURG, PA 17201 1724641 EXHIBIT AGREEMENT made this \C" clay of 1' \iembe1'___ __, 2006, by and between Julie R. Fitches of 3 II Liberty Drive,Shippensburg,Cumberland County, Pennsylvania,hereinafter referred to as "Wife", and Michael J, Fitchet of 1936 Kent Drive, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WITNESSET l l: WHEREAS, the parties hereto are Husband and Wife, having been married on October 8, 1994 in Virginia Beach, Virginia. There was one child born of this marriage,said child being: Tyler N. Fitchet, born April 4, 1995; WHEREAS,diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the panics hereto arc desirous of settling their respective financial rights and obligations as between each other including: settling of matters between them relating to the past, present and future support and/or maintenance of Wife- by Husband and Husband by Wife; the settling of matters between them relating to the past, present and future support and/or maintenance of the child; the implementation of custody/visitation arrangements for the minor child of the parties. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size,degree,and extent of the estate and income of 1 Iusband,and I lusband acknowledges that he is thoroughly conversant with and knows accurately the size,degree and extent of the estate and income of Wife; NOW, TI-IERI.TORI , in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband,each intending to be legally bound hereby,covenant and agree as follows: 1. ADVICE OF COUNSEL: This Agreement has been prepared by Suzanne M. Trinh, Esquire, the attorney for Wile. Said attorney at the commencement of, and at all stages during the negotiation of this Agreement, informed Husband that she has acted solely as counsel for Wile and has not advised or represented Husband in any manner whatsoever. Husband, at the commencement of, and all stages during the negotiation of this Agreement,has been informed by Suzanne M.Trinh, Esquire,that he has a right to be represented by his own counsel and has encouraged him to seek the advice of counsel. Husband has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it freely and voluntarily, 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 1724641-1 3 • • 3. PERSONAL, RIGHTS AND SEPARATION: Wile and Husband may and shall,at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit,conduct,carry on and engage in any business,occupation, profession or employment which to him or her may seem advisable. Wife and Llusband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or I lusband to a limited or absolute divorce on lawful grounds ii'such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent,no-fault divorce pursuant to the terms of Section 3301(c)or(d)of the Divorce Code of 1990. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this 1724641-1 4 Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF EXECUTION: 'Me "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise,the "date of execution"or"execution date"of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will not later than sixty(60)days after the execution of this Agreement, mutually agree on the division of personal property including, but without limitation, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and thereafter Wife will agree that all of the property in the possession of I husband shall be the sole and separate property of' Husband; and Husband will agree that all of the property in the possession of Wife shall be the sole and separate property of Wife. Effective sixty(60)days from the date of this Agreement,the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their 1724641-1 5 respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 'Be parties hereby agree and confirm that approximately $3,000 from their joint savings account with MEI' Bank was previously distributed to Husband 9. MOTOR VF111Cf.,ES: With respect to the motor vehicles owned by one or both of the parties,they agree as follows: a. The 2003 Nissan XTerra shall become the sole and exclusive property of Wife. Husband shall execute,on the date of execution of this Agreement,an appropriate Power of Attorney allowing Wife to transfer said vehicle into her name alone. Wife shall bear sole responsibility for the loan, through USAA, associated with said vehicle and shall pay in full or refinance said auto loan into her name alone at.the time she refinances the mortgage on the marital residence,as described in paragraph 12 below. Wile hereby agrees to indemnify and hold I lusband harmless from any liability associated with the loan on the parties' XTerra. b. The 1998'Toyota Camry was previously sold or transferred by the parties. For and in exchange for the mutual covenants contained herein, Husband agrees to bear sole and exclusive responsibility for any and all losses realized from the transfer of the 1998 Camry. Husband shall indemnify and hold Wife harmless from any and all liability associated with the parties' Camry. c. The parties hereby agree and confirm that the 2003 Toyota Tacoma pick-up truck purchased by Husband after the date of separation is non-marital and that the debts associated therewith shall be the sole and exclusive responsibility of Husband. 1724641-1 6 • 10. AFTER-ACQUIRED PERSONAL, PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently any claim or right of the other,all items of personal property,tangible or intangible,and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. ! �C 1 1. SAVINGS BONDS: 0°V\ " Husband an e ft tl • • date and agree That savings bonds wer • lased for the parties' child during the 71.rage. F i A j^'►w than thirty (30) days from the date of 61 ,- execution,delivc) ni •'. wings )onds`ta le for safe-kee, -_ .til the bonds mature or child turns e•: een (18), whichever occurs first. 12. REAL ESTATE: The parties hereto acknowledge and agree that they are owners by the entireties of a certain improved tract of real estate situated in Southampton Township,Cumberland County,Pennsylvania, known as 311 Liberty Drive, Shippensburg, Pennsylvania, and more specifically described in Cumberland County Deed Book Volume , Page ("Marital Residence"). For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument,Husband and Wife further stipulate and agree that the Marital Residence shall become the sole and exclusive property of Wife. Iusband shall execute a Deed conveying his interest in the Marital Residence to Wife on the Date of Execution of this Agreement. Wife shall bear sole and exclusive responsibility for keeping current the existing mortgage against the Martial Residence. Wife shall, within a reasonable time, refinance the existing mortgage into her name alone. Wife shall draw upon the equity in the Marital Residence,to the extent possible,to pay in full the USAA 1724641-1 7 10. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other,all items of personal property,tangible or intangible,and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. SAVINGS BONDS: Husband and Wife further stipulate and agree that savings bonds were purchased for the parties' child during the marriage. Husband shall, not later than thirty (30) days from the date of execution,deliver the child's savings bonds to Wife for sale-keeping until the bonds mature or child turns eighteen (18), whichever occurs first. 12. REAL ESTATE: The parties hereto acknowledge and agree that they are owners by the entireties of a certain improved tract of real estate situated in Southampton Township,Cumberland County, Pennsylvania, known as 311 Liberty Drive, Shippensburg, Pennsylvania, and more specifically described in Cumberland County Deed Book Volume , Page ______ ("Marital Residence"). For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument,Husband and Wife further stipulate and agree that the Marital Residence shall become the sole and exclusive property of Wife. Husband shall execute a Deed conveying his interest in the Marital Residence to Wife on the Date of Execution of this Agreement. Wife shall bear sole and exclusive responsibility for keeping current the existing mortgage against the Martial Residence. Wife shall, within a reasonable time, refinance the existing mortgage into her name alone. Wife shall draw upon the equity in the Marital Residence,to the extent possible,to pay in full the USAA 1724641-1 7 ��•1 .r". • - . . �� ^ . ` . parties'credit card,all but$750.00onthe Lowe's credit card and the loan against the Y�iaxon}�}�on as parof the refinance. The parties hereby agree that if Wife completes the sale ofthe Marital Residence within one year of the Date of Execution,the net proceeds shall be applied first to pay in full the loan against the Nissan ){Terra, the USAA credit card and all but $750.00 of the Lowe's credit card, if said debts have not otherwise been satisfied. Thereafter, the remaining proceeds shall he divided equally between the parties, The net proceeds from the sale shall be distributed not later than thirty(30)days after the sale closes, unless otherwise agreed by the parties. The parties recognize and agree that Wife may sell the house in her sole discretion and shall have sole authority to make any diecisions regarding listing price, sales price and the like without input fiorn Husband. The parties further explicitly agree that Wile is under no obligation and has no duty to sell the Marital Residence within one year of the Date of Execution. I I usband shall have no right to, interest in, or c lai in against any proceeds from the sale oldie Marital Residence received by Wife for a sale that is completed more than one year from the l)ate of Execution. 13. RECIPROCAL WAIVERS OF PENSION INTERESTS: a. The parties recognize that Husband has a 401(k) account as a result of his employment with /\rumnnrk. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise iuthis 4O1(k) account. The parties recognize and agree that Husband has withdrawn certain funds from his 401(k) account since the date of separation. Husband shall bear sole and exclusive responsibility for payment or satisfaction of any and all fees, penalties, taxes and other costs incurred as a result of said withdrawal. 1724641-1 b. The parties recognize that Wife has no pension plan or other retirement assets that were accrued during the marriage. c. Wile specifically waives any and all rights to pre-retirement death benefits and survivor benefits under Husband's retirement plan(s)and acknowledges that the effect of this waiver is that she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if Husband dies before or alter reaching retirement age and she agrees and unequivocally consents to the designation by Husband of any alternate or further beneficiaries at any time after the Date of Execution. 14, DEBTS: a. Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had,now has,or may hereafter have against the other upon or by reason of any matter,cause or thing up to the date of the execution of this Agreement. b. Wife shall assume sole and exclusive responsibility for the USAA credit card and all but $750.00 on the Lowe's credit card. As stated in paragraph 12 above, Wife may pay said credit card debts at the time she successfully refinances the mortgage against the Marital Residence. c. Husband shall assume sole and exclusive responsibility for the Discover card that is in his name and for$750,00 of the debt on the Lowe's credit card. d. Each party agrees to indemnify and hold harmless the other in the event he or she is called upon to satisfy a debt assigned to the other. The party seeking indemnification shall be permitted to recover all principal, interest and penalties paid as well as any and all reasonable 1724641-1 9 • attorney's fees and costs incurred or any other relief allowed by law in successfully enforcing this indemnification provision, c. The parties shall cooperate as necessary to remove one another's names from the debts detailed above. f. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to he performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law)to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers. and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary,and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein,with the exception of the satisfaction of conditions precedent,shall not in any way void or alter the remaining obligations of either of the parties. 15. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party 1724641-1 1 0 harmless from and against any and all such debts, liabilities or obligations ofevery kind which may have heretofore been incurred by them, including those for necessities, except For the obligations arising out of this Agreement. 16. WARRAN'T'Y AS TO FUTURE OBLIGA'T'IONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may he otherwise specifically provided for by the terms of this Agreement and that neither ot them shall hereafter incur any liability whatsoever for which the estate of the other may be liable, 17. CHILD CUSTODY: The parties hereby agree that Wife shall have primary physical custody of their daughter, `Tyler N. Fitchet, born April 4, 1995. Husband shall have periods of partial physical custody of the child as mutually agreed by the parties. The parties may modify this provision by written agreement or upon Order of Court in a separate custody action. 18. l-IEAL'TI-1 INSURANCE - PARTIES: Each party shall bear responsibility for his or her own Major Medical or equivalent health insurance coverage. 19. HEALTH INSURANCE- CI-IILD: Husband shall provide Major Medical or equivalent health insurance coverage for the benefit of the child, at his sole expense, until such time as she graduates from college or is otherwise ineligible for coverage under a group health insurance plan available to husband, whichever first occurs. 1724641-1 11 20. CI1111) SUPPORT: Husband agrees to pay the sum of Seven I lunched Dollars ($700.00) monthly fin• the child support of Tyler N. Fitchet. Said sum shall be direct deposited into Wife's checking account. The parties agree that this provision may be modified from time to time to reflect changes in circumstances. 21. DEPENDENCY EXEMPTIONS FOR INCOME TAX: For purposes of federal and state income taxes, Wife shall claim the exemption for the child, Tyler N. Fitchet. The parties agree to file separate returns. 22. WAIVER OF SUPPORT: a. husband hereby waives all right to claim against Wife support, alimony, alimony pendente lite, counsel Ices and expenses. b. Wife hereby waives all right to claim against Husband support, alimony, alimony pendente lite, counsel fees and expenses, except as provided in Paragraph 23 herein relating to alimony pendente lite or alimony. 23. ALIMONY PENDENTE LITE/ALIMONY: I-Iusbancl and Wife further understand, acknowledge and agree that I-Iusband shall pay to Wife the sum of Three Hundred ($300.00) per month as and for alimony pendente lite or alimony until such time as Wife successfully refinances the existing mortgage against the Marital Residence. Alimony pendente lite or alimony shall terminate on the first day of the month following closing on Wife's refinance of the existing mortgage. The alimony pendente lite or alimony payments referenced herein shall be direct deposited by Husband into Wife's checking account. Said payments shall not terminate upon Wife's cohabitation, but shall continue unconditionally until the time of 1724641-1 1 2 Wife's refinance. Cohabitation shall be defined as residing with another person who is not related by blood or marriage for a period in excess of one (I) month and with whom there is a sharing of household or financial expenses. 24. CHILD'S COLLEGE EXPENSES: The parties hereby agree to share equally the cost of the child's undergraduate college or university education. The costs to be shared by the parties shall include tuition, room, board and reasonable education-related expenses. The parties shall cooperate as necessary to assist the child in obtaining financial aid, grants, scholarships and, if necessary, loans to finance her undergraduate education. In the event the parties are required to co-sign loans or to borrow money in their own names to finance the child's undergraduate education, such liability, including costs, shall be borne as equally as possible under the circumstances existing at the time said financing is obtained. 25. MUTUAL RELEASES: Husband and Wife each do hereby mutually remise, release,quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights,title and interests,or claims in or against the property(including income and gain from property hereafter accruing) of the other or against the estate of'such other, of whatever nature and wheresoever situate which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights,family exemption or similar allowance,or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a 1724641-1 13 ' . deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States,or (c)any other country,or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or o(hcrwisc, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or ;nr(hoh|eucho[anypnovixionihcn:n[ It is the intention of Ilusbanci and Wile to give to each other by the execution of this Agreement a lull, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 26. BANKRUPTCY: The respective duties,covenants and obligations of each party under this Agreement shall not be dischargeable by bonkrupicy, but if any bankruptcy court should discharge a part)' of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 27. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal, state and local income tax returns. Husband agrees that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against Wife by reason of her having joined in the filing of said joint returns, Husband will indemnify and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in 1724641-1 14 connection therewith, and such tax, interest, penalty or expense shall be paid solely and entirely by Husband, unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Wile's separate income on the aforesaid joint returns. 28. DIVORCE: Wife has commenced an action for divorce from I lusband pursuant to Section 3301(c)or(d) of the Pennsylvania Divorce Code(irretrievable breakdown)by the filing of a Complaint on October 13, 2006. Both parties shall, at the time of the execution of this Agreement, furnish Wife's attorney with an Affidavit of Consent and \Valve'. of Notice evidencing that each of them consents to the divorce. It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the tact that Wi Fe will bear the cost of same in her individual capacity. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution)of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 29. LEGAL FEES: In the review and preparation of this Agreement each party shall bear his/her own legal fees. 1724641-1 15 30. REMEDY FOR BREACFL 11c:idler party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall he responsible for payment for legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 31. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by II usband and Wile or either of them during the marriage as contemplated by The Act of December 19, 1990 (I'.L. No. 1240, No. 206) known as "The Divorce ('ode." 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 32. SUMMARY OF EFFECT OF ACIREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance,alimony,alimony pendente lite,counsel fees,costs and expenses,equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 33. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and by this agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing 1724641-1 16 marital property is not,except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate, 34. MUTUAL COOPERATION/DUTY '1'O EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute,acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of'giving full force and effect to the provisions of this Agreement. 35. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specitie statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. 36. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term,clause,or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein,the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1990. Further, any 1724641-1 17 court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 37. NO WAIVER OF DFAUf_"l'_ This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same,nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature,nor shall it be construed as a waiver ol'strict performance of any other obligations herein. 38. INTEGRATION: "I'his Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There arc no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 39, EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 1724641-1 18 . _ 40. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, IC turn receipt requested: a. To the Husband at 1936 Kent Drive, Camp Hill, Pennsylvania 1701 . b. To the Wife at 311 Liberty Drive, Shippensburg, Pennsylvania 17257. 41, WAIVER OR MODIFICATION TO BE UN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 42. CAPTIONS: The captions of this Agreement are inserted only as a matter oI convenience and Ibr reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 43. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 44. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 45. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this 1724641-1 19 • Agreement's equitable distribution of marital property. However, if the existence of said property was knowingly concealed or its value misrepresented by one of'the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the fame to disclose its existence or true value. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: 411(1 (Seal) :Jun& R. Fitchel,) S LI" '221 cal) Michael Fitehet COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF FRANKLIN On this, the O day of , 2006, before me, a notary public, the undersigned officer,personally appeared Julie R. Fitehet,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. cdutugidyibF PENNSYLVANIA Notaitl Seal Angela K.Robison,Notary Public Chambersburg Bort),Franklin County 1724641-1 20 My Commission Expires Nov.9,2009 Meml?e,Pennsylvania Association of Notaries COMMON WALT!T!I OF PENNSYLVANIA ) I ) SS. COUNTY OF �,L 6 On this, the_f day of NO U r, e. L , 2006, before me, a notary public, the undersigned officer,personally appeared Michael J. Michel, known to me(or satisfactorily proven) to be the person Whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained, In Witness Whereof, I hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robin M.Mull,Notary Pubic Chambersburg Born,Franklin County My Commission Expires Apr.25,2009 Member,Pennsylvania Assoclatlo"n' 1724641-1 21 - o53 - 14 Marywood University 2300 Adams Avenue 1 Scranton PA 18509 1 Statement of Account Student Receivable Account Holder 0153429 Statement Date 03/31/14 Tyler N. Fitchet Amount to Pay 0.00 Tyler N. Fitchet 311 Liberty Dr Shippensburg, PA 17257 Payments/ Ref No Date Term Code Description Charges Credits Balance ' 06/21/13 *** Balance Forward *** 0.00 0.00 0.00 06/24/13 2013FA ROOM Deposit Allocation-0)14e Ck 3'71x'$ 300.00 -300.00 000022014 06/28/13 2013FA BANK Payment on Account-0.41C .0 -525.00 000023199 07/24/13 2013FA BANK Payment on Account 110'K- 1,998.50 -2,523.50 000024501 08/09/13 2013FA BANK Payment on Account-U=1.4 , I'..s -4,023.50 000027712 08/14/13 2013FA UTAA Talent Award - Art 750.00 -4,773.50 000027713 08/14/13 2013FA UMDS Deans' Scholarship 7,500.00 -12,273.50 000027714 08/14/13 2013FA NBG Need-Based Grant 1,165.00 -13,438.50 000027715 08/14/13 2013FA SNBG Semester Need-Based Gran 750.00 -14,188.50 000030419 08/20/13 2013FA PELL Federal Pell Grant 698.00 -14,886.50 000030420 08/20/13 2013FA PHEAA PHEAA State Grant 2,181.00 -17,067.50 000032193 08/25/13 2013FA FDLSE Subsidized Federal Direc ).j 1,732.00 -18,799.50 000032194 08/25/13 2013FA FDLUE Unsubsidized Federal Dir 990.00 -19,789.50 000032195 08/25/13 2013FA PLUS Federal Parent PLUS Loan-J.' t 5,724.00 -25,513.50 08/26/13 2013FA 15MP 15 Meal Plan 2,966.00 -22,547.50 08/26/13 2013FA FECF2 Course Fee - CPA 185.00 -22,362.50 08/26/13 2013FA FEGEN General Fees 550.00 -21,812.50 08/26/13 2013FA FEMAT Matriculation Fees 225.00 -21,587.50 08/26/13 2013FA FEUSA UG Student Activity Fee 125.00 -21,462.50 08/26/13 2013FA RMLHM Loughran Hall - Multi 3,817.00 -17,645.50 08/26/13 2013FA TUUG Tuition - Undergraduate 14,670.00 -2,975.50 V0050372 09/08/13 2013FA CR Credit Balance 2075.50 0.00 000034122 12/09/13 20143P BANK Payment on Account -kjuilf 3V35 2,000.00 -2,000.00 000039680 01/03/14 2014SP PELL Federal Pell Grant- dzch:t.- 697.00 -2,697.00 000039681 01/03/14 2014SP PHEAA PHEAA State Grant 2,181.00 -4,878.00 000039682 01/03/14 2014SP UTAA Talent Award - Art 750.00 -5,628.00 000039683 01/03/14 2014SP UMDS Deans' Scholarship 7,500.00 -13,128.00 000039684 01/03/14 2014SP 'NBG Need-Based Grant 1,165.00 -14,293.00 000039685 01/03/14 2014SP 3NBG Semester Need-Based Gran 750.00 -15,043.00 01/08/14 2014SP 15MP 15 Meal Plan 2,966.00 -12,077.00 01/08/14 2014SP FECF2 Course Fee - CPA 45.00 -12,032.00 01/08/14 2014SP FEGEN General Fees 550.00 -11,482.00 01/08/14 2014SP FEUSA UG Student Activity Fee 125.00 -11,357.00 01/08/14 2014SP RMLHM Loughran Hall - Multi 3,817.00 -7,540.00 01/08/14 2014SP TUUG Tuition - Undergraduate 14,670.00 7,130.00 • 000043934 01/08/14 2014SP FDLSE Subsidized Federal Dirac 1,732.00 5,398.00 000043935 01/08/14 2014SP FDLUE Unsubsidized Federal Dir/ 1 990.00 4,408.00 000043936 01/08/14 2014SP PLUS Federal Parent PLUS Loan -1/4_1041.. 5,724.00 -1,316.00 v0056801 01/19/14 2014SP CR Credit Balance 1.316.00 0.00 Total: 49,002.50 49,002.50 0.00 ====amen==== _.._=.===a.== ___=__ EXHIBIT CO i, .._.........._ Mar'ywOod Invoice Statement UNIVERSITY Marywood University Cashier's Office 2300 Adams Avenue Scranton,PA 18509 Name Tyler N.Fitchet Student ID 0153429 Total Balance $0.00 Tyler N. Fitchet Total Amount Due $0.00 311 Liberty Dr Shippensburg, PA 17257 Payment Due Date Amount Enclosed Please return this portion of the statement to the institution,along with your payment, Date Generated:8/2912014 Account Activity Summary-Fall 2014 Charges • Tuition by Total $15,035.00 Fees $812.50 Room&Board $6,950.00 + Total Charges $22,797.50 Payments $7,861.50 Financial Aid $14,636.00 Deposits $300.00 Fall 2014 Balance $0.00 Total Amount Due $0.00 Total Balance $0.00 Course Schedule Section Course Title Credits CEUs Days Times Classroom Start/End Dates ART-113-01 Historyof Art I 3.00 TuTh 10:00-11:30 AM SC SCVA 210 12/13/014- 12/13/2014 14- ART-215A-02 Figure Drawing I 3.00 MW 3:00-6:00 PM SC ICSA 319 $ti53/2014 ART-215L-02 Figure Drawing Lab TBD TBD TBD $2 /13/2014 . , . MalyWOOd Invoice Statement-Page 2 UNI1ERSITN Date Generated 8,29;201 4 Name Tyler N.Fitchet Student ID 0153429 Course Schedule Section Course Title Credits CEUs Days Times Classroom Start/End Dates Introduction. to Arts 8/25/2014- ART-481-01 3.00 W 9:00 AM-12:00 PM SC SCVA 218 and Heal' 12/13/2014 Introduction to World 8/25/2014- ENGL-180-05 3.00 TuTh 11:30 AM-1:00 PM SC LAC 212 Literatu 12/13/2014 United States History 8/25/2014- HIST-252-03 - 3.00 TuTh 1:00-2:30 PM SC CNHS 125 to 1865 12/13/2014 Account Activity Details- Fall 2014 Tuition by Total Section Course Title Billing Credits CEUs Status ART-113-01 History of Art I 3.00 New ART-215A-02 Figure Drawing I 3.00 New ART-215L-02 Figure Drawing Lab 0.00 New ART-481-01 Introduction to Arts and Heali 3.00 New ENGL-180-05 Introduction to World Literatu 3.00 New HIST-252-03 United States History to 1865 3.00 New Total $15,035.00 Fees Description Amount General Fees $687.50 UG Student Activity Fee $125.00 Total $812.50 Room& Board Description Date Building Amount !„Madonna Hall-Multiple 7/9/2014 I Madonna Hall 1 , $3,911.00 I 15 Meals Per Week 7/9/20141 ; $3,039.00 Total $6,950.00 - _ Payments Receipt Number Date Amount Pay Method Reference Number 000052215 1 7/31/20141i $5.000.00;Check-Personal —m vNe, 1 682 ; ,000052555 8/4/2014 i $2,861.50'Check-PersonalI . 3905 ci.L.4,,Yras ' • ____ _ _ _ _ ,—~_.___-`___~-_______ - . . ^ ' Ma\yvvood Invoice Statemen -Page 3 ""',""°'`` oa�menem�u'�za�n/+ � - - - - - Name T�or«cFnuh� Student ID 0153429 _ .50 tal ~�� ----' $7�61 Financial Aid P����G�t$2,005.001Fall 2014 1, $2,005.001 Comment: ra�vxvw�d'Au Comment: Dean'si $750.00 �cxo�omp-Re�urn�g Comment: i »7.500u01Foo2014 i $7.500.00 _ __-___-__-_-_ Need Based Grant,Rpumning Comment: Subsidized Federal Direct Loan Comment: / $���O.00FaU2V14 / ---- -�- -� rr.z—, L ~~ � � �___ vz4uv| ____( Unsubsidized Federal Di"e^t Loan Comment:,____ $1,000.00 Fall 2014 1 $990.001 Deposits Deposit Typo Date Deposit Applied Other Refund Remaining Amount Amount Amounts Amount Amount Advance Room RESERVATlON 3/1O/2014| $300.00 Total U ' '-� ~�-�--��-- �- --------- -------�---- $$00:0000: ' �-_'__����! Balance $0.00 == 3768- Julie R H Fitthet 3n e e --"-- . )c1 2, 13 ,en:sbur-a,PA 17257 ,off r1c i' 12,4Z rn a;-1, t l Of iveily 1 $ (3(,J,...., .) /Ca ! A©3 p — . �Iree.hur r�1 .s onSi 3$ N&T BANK . pMANUFACTURERS AND TAnDERS 1HUST COMPANY at 1.80o-rt4 2440 I - € _ 11 WTh WW.M .CO ( ! Yr t immummg REcEipT 7 .1 REc n'.'x3.FROM ,i L,I it t"ii-c'e AD E3s ,..II eHy On VQ It)pe h_ . ; PA 17a57 $ a0c3 oa a=0s,11. _ '• Vs& i s '900rn CCC HOW PAID l L,T + n1COt F• I :Asp 1 posi+ GnjC T..;RD P. ' BY L.L. i } ,....ar_r...�, 20Q1r+ l.t§t 131.801) EXHIBIT b g N>=itchet 3 1 3 5 31I Lbertt{Drive Nhippensbury,PA 17257 II'll' 61'7 r V WO(!C) Lin ei Si • .. fA tiC1� ' 'r�fl /Q cf-1 M &T BANK MANUFACTURERS AND TRADERS TRUST COMPANY • 1.W0-724-2440 • 1NW W_MTB.COM `. .01 'PbCNTra.IT Rih44- _ 111,) alk; t • • • • • • • • • • • • • • • i • • I r r .-"I V1 e CIC#1. D : 80-295313 -,take R H FitO iet 3 8 5 8 311 Liberty Pave1 e hipperbburr,PA 17257 . 1 i Si 5 Gr 'iocx 1�nivQ �('-yi 1 $ 3ao 0,y _ 4 e' 11uOarec .l`l 8 -,,, ° gr M&T BANK II MANUFACTURERS AND TRADERS TRUST COMPANY rir 1-800-724-2440 �++`� W W W,MTB.CDM ^.�-V 1T r`'er) t. r j ..., A , .K�t ;T 1C�I171 .. f i s _—L- 14F I r •, 60-295-313 Julie R H Fitchet, >• _ 3 9 O b Liberty Drive nhippes'Isburr,PA 17257 -7.. (31 z 1 fir; Z .. t �0 `X � � ( l� l ��i�r � 1 L, fog i,c a d.915 hunt a Yti M & TBANK MANUFACTURERS AND TRADERS TRUST COMPANY . � .. :.: .,. _.. www.MTaCOM.. �, • • • • • UNIVERSITY00 --" Ladd On• Confirmation of Payment Confirmation Number/Transaction ID: 3 r 9` 2 Date/Time Paid:8/26/2013 6:04 PM Central Student Information $200.001 3ccount Type: MasterCard Credit Amount Paid: 200.00 Account Number: **** 3199 rifling Address: Julie R Fitchet Email Address: myty95@hotmail.com 311 Liberty Drive Contact Number: (717):991-8232 Shippensburg, PA 17257 the s..t;.^. �°..� �:??..:.. ,i..s t,.) s>.'.1. S°°i Continue It. t.1 t err i • ?Qr3 • • https://securepay.eposasp.com/Receipt.aspx EXHIBIT 8/26/201 E • Marywood University Location: SC Scranton, PA Receipt: 000051240 Received From: Tyler N. Fitchet Date of Receipt 07/18/14 Receipt Codes Campus Safety-Park.Tk.,Stkr 200.00 E-Credit Card-Parkingu Sticker MASTERCARD 200.00 Total: 200.00 Q0)L) r k aA01-143 Where Cre4ti•rity Happens' MIC1 f{L 5 1 URE 47720 (717)263-9353 MICHAELS STORE 417720 967 NORLAND AVENUE CHAMBERSBI 113 I'0 17201 k Rel., i Uar'cade )EX 8-9941-C/55-93%-4053-7111-9111-1933-1952 8279: SALE 6210 7720 002 8/15/13 18:1 UNIVERSAL PAD 9X 13.99 3148955723869 _ 1 @ 13.99 (RETLRN VALUE 4.70) PAD XL RECY 2RIST 30671168379 10.99 1 @ 10.99 (RETLRN VALUE 3.69) BUY 1 GET 1 FREE 10.99- GROUP COUPON DISC 40 % OFF .5.60- . ' 300 NEWSPRIN118X2 12017390180 10.99 1 @ 10.99 • (RETLRN VALUE 6.59) (;ROMP CaPal DISC 40%OFF 4.40- • CHARCOAL VINE 400100812556 3.99 1 @ 3.99 - (RETURN VALUE 3.59) ' • BLADE 411 PKG-5 31445869303 2.79 1 @ • 2.79 (RETURN VALUE 2.51) CHARCOAL. STKE PRI 44974409599 5.49 1 @ 5.49 • (RIFLER VALUE 4.94) STORAGE BOX 'EAR 28%5300324 11.99 1 @ 11.99 (RETLRN VALUE PI 79) • HIGGINS 10Z INK 14173368836 4.99 1 @ 4.99 (RETURN VALUE 4.49) ERASER PINK FRT13 400100728017 1.49 1 @ 1.49 (RETLRN VALUE 1.34) ERASER JUMBO KNEA 400100727980 1.99 1 @ 1.99 (RETLRN VALUE 1.79) TAPE ARTIST LOW 51131936102 5.99 1 @ 5.99 (RETLRN VALUE 5.39) ERASER PINK FRTIS 4001,,1728017 1.49 '1 @ 1.49 (RETURN VALUE 1.34) • NEPTUNE BRUSH ROU 757063475824 7.99 1 @ 7.99 (RETLRN VALUE 7.19) NEPTUNE BRUSH ROU 757063475831 9.99 1 @ 9.99 • (RETLRN VALUE 8.99) EXHIBIT [APE MASKING 1" X 21200056165 3.99 1 @ 3.9') (RETLRN VALIE 3.59) RULER 18" S/S FL 88359006232 6.99 1 @ 6.99 (RETLRN VAI-U_ 6.30) 10% OFF DISD U1TAELE FURCI4 6.92- AMOUNT QUALIFIED Flit DISUXNT: S 69.17 • 100)0018%%.° 10 D61 SUBTOTAL 77.23 SIE:S TAX 61: 9.64 TOTAL 81.87 ACCI)JNT NUMBER **e>f�***li**;0659 VISAftc.STERCARD 81.87 APPROVAL: 01583P SWIPED Ott.THE JULIE R FITCHET This receipt exwlres at 60 dais on 10/15/13 8-9941-175-9395-4053-7111-9111-1933-1952 YOU SAVE-I) S 27.91 0041-9999-0964-4309-3101-3791-3935-192 II I II 111 III 111II 1111111111111111111111111111111111 SIGN-UP AT MICMAELS.COM OR LIRE US ON FACEBOOI( TO RECEIVE SPECIAL OFFERS AND • 1 CREATIVE PROJECT IDEAS. Text APP1 to 2732B3 to down! haels Mobile ITri> THANK YOU FOR SWOPPING AT MICIIIELS Dear Valued Customer: Our coupon Policq is to accept one ' coupon type per customer per day'. Certain exclusions apply, please review the exclusion on the coupon and speak with a manajer on duty for any questions twu may have. • Thank Sou Michaels Return Polic9,- With Receipt • If your purchase does not meet your satisfaction, • it may be returned or exchanied within 60 dais of purchase. There is no requirement to provide • identification. if accompanied by valid receipt. Michaels Return PoluLa - Without Receipt A return without receipt or expired receipis over 60 dans old are sut,.;ect to the requirements of valid identificatiorn, pricing of refund and tender of payment noted below. • Identification includes state or province Phot:, ID. Driver Licenses, and Passports and will be recorded and stored in secure data bate. Refunds will be given at the item's lowest prise sold within the previous 90 dais arc( will be i. the form of a Store Return Card and/or I ' merchandise exchange. Return Policies are available at Michae:.s.cer and in store at the ren:.sters and Custom Fr•amir•n V rvr. , 7 .n .-. 'te)1.1 it . N. a r chaeXs Ni t haces c hot..,,,,L..at,vit+ ti:t17'`..ris Where Ciedirvity Happens Where Cieativity happens' MICHA,ELSS S TlEE tt72_o (;'1,'1.1)3 9..S3 MICUREI S 5101'.l- 47720 17 !_63- <;8 MICHA LS STORE 47720 (717)263 9358 MICHI LS STORE 4;720 MICHAELS STORE41720 MICWIELS STORE 47720 967tdi+LittO ra';t G.. 967 NORLAND AVENUE 967 NORLAND AVENUECFIFlMBEr`;BI'Rli. PA 17201E CAAMBCRSBL'RG PA 172CI CF 1BERSBURG, PA 17201 4A Return B.roude -' ,E*., Return E3,:.r'ade *- )* Return Barcode RAA' ' 8-9441-3345-5595-8666-1111-4111-19M-9)36 41-5575&-2215-8654-1111-1141-1933r-0982 8-9241-0315-SS595--8666-1111-9111-19-33-9036 11II 'iii 1111 1111 ! 11. I 1 11 11 1 1 1 I 111 1 I I 555 SALE 5971 7120 003 V30/11(r 11 I 5 SALE. 6219 7720 030 3/07/14 13!11 , 555 SALE 5972 7720 003 7/30/14 17:39 • SKETCH 800t 7X10 22.99 )2 4PLY 457514 15.99 1 @ 15.99 STORAGE BOX CLEAR 28965300324 5.99 1 @ 5.99 l 501138608551/ I B 2 ETURN VALUE •9.59) CLIP BULLDOG META 100100702178 1.49 1 @ 1.49 (RETURN VALUE 11.49) E T fN ITEM 40% CFF 6.40- - s. (RETURN VALUE 1.19) COUEPON GET AN DEM EM 50 c CFF 11.50 CLIP BILLOW META 400100702178 1.49 1 B 1.49 • )2 4FLY 457514"15.99 1 fa 15 99 (RETURN VALUE 1.19) C°4'or'I s 1 Applied: ZETURN !VALUE 11.19) CLIP BULLDOG META 400100702178 1.49 1 @ 1.49 44010152947 50% RUf;PI )2 4PLY 457514 15.99 1 9 15.99 (RETURN VALUE 1.19) SUBTOTAL 11 49 ?ETURN VALUE 11.20). GP KNEADED ERASER 44974140010 2.79 1 9 2.79 r ES TAX 5% 69 TOTAL 1 2.1 8 iC 30% CFF 9.59- (RETURN VALUE 2.23) PEEL & SKETCH CH 44974563031 4.99 1 @ 4.99 LIFTED FOR DISCIIJWT: S 31.98 • (RETURN VALUE 3.99) ACCOUNT NUMBER * *i6593 - APPlied: 400 DRAWING 18X24 12017440182 19.99 1 @ 19.99 VISfliMFS"T171CARD 12.18 10419 302 ERPF' (RETURNVALUE 16.00) APPROVAL: 060106 SWIPED CAINE '9686 40% OFF ONE . 20% OFF DISCOUNTABLE PLRCH 6.45- , SUBTOTAL - 31.98 • This receipt expires at 90 data on 10/30/14 ' ${ES TAX 6% 1.92 AMUT CUALIFIED FGR DISCOUNT: $ 32.24 TOTAL 33.90 Cut ts)Applied: 8 ;'1"11-145-x6595--8666-1111-•x111-193`3-6036 400100966723 2040F17 ALL TIBER ****tt**•*,41*7809 SUBTOTAL 31.78 IS1B14) 33.90 SALES TAX 6% 1.91 YOU SAVED 3 11.50 L: 097149 SWIPED ONLINE AL 33.69 •0094-9994-0964-4304-3161--6161-3933-506 •eceipt expires at 90 days an 06/07/14 ACCOUNT NUMBER t<*k*ri*t;i:tx*x6593 111111111111111111111111111111111111111111111111 VISA/MRSTERCARD 33.69 1-5755-2215-86541111-1141-1933-0982. APPROVAL: 020128 SWIPED ONLINE NOW LIVE! Your 24-hour Ar•t3 3 Crams stir-: Shop michaeis.com tale. • This receipt expires at 90 days en 10/30/14 Yal SAVED S 15.99 Get Savings 3 Tnspiratlon! T=.;t= SLEW' to 2•i i. 1-9991-0961-1301-3461-1151-3938-092` ! ! 8-•9241-0345- 595•-8666--11I1-4111-1933-90% To Si91 Up for Email & Te�:i NeSsh• s 111111111111111111111111111111111111111111111111AMs13DataRale &alrr19 YOU SAVED) $ 6.45 N.-LP AT IIIA11ALL; CON OR LIKE (1: 00 (X)79-9994-09k4-9304-31!61!-61611-3933-906 TRANS You FOR IIIL?1NG AT Mlilcd1 200K TO RECEIVESPECIAL OFFERS AND I111111111111IIIIIiIIIIII(IIIIl11IBitlitIIIMIN CREATIVE FROJECT IDEAS. Dea V:"ili d L Vomer• Mb:heels return drd CO'pig) ,-4:,1t4:1 tr3 „re 3yrir'. 4 at ini hdel3 cur„di'd Jli 36rt 31 crNista z. to 273253 to download Michaels Mobil nry NOW LIVE! Your 24-hour Arts &Crat'ts slo e! Shop michaeta.00m tnda.t. Please ',iee d -.;fore ms.3, :iate for more 0.161 M:rr: IAtd< YIt; FI):: S-illP3NG At MIGHAEU Get SdVln93 & Insptr'ation! Teo,,, SI00UP to 27323 . . ) 1 •U . ar+ CiuSSS MARYW000 UNTV BKST ,sailyt• , NAZARETH STU0EriL,C.ENTER LCha-CJS 2300 ADAMS AVE , whe,cr,_ralwity flappers 5703486242 5;Nlrl.marywood,bkstr.com 11ICHAELS 'TiH•:L uef?:) (717!263 `3;8 Become a fan on facebook! -- - --- MiUli tLS SiURE B7721� 967 NODI AIM AVENUE ITEM �=--^QTY PRIGS TOTAL (;1.u1N1IERFURG. Pa 17201 NEW At Ret(.rrl Barcode 'krt • World's Wisdom 009164984 1 $9.51 $9.51N 8-9341-7995-5915-8300-1 i 11-4111-1933-38 5 Original Price: $16,99 11 II I 111111 ill 1 31 1 Reason:RENTAL I I. Used ' World's Religions (Rev & Upd) 997 SALE Ni? 7710 0(13 1/12/19 1228 009165080 1 $8.49 $8.49N Original Price: $12.75 BRSH FLT 6 LN SIM 383(2011155 3.99 I @ 3.99 , Reason:RENTAL BRSO FLT 10 LEI SI 38372011479 3.99' 1 @ 3,99 BRSIL)U) 8-LH SIM 38372011578 3 99 1 @ 3.99 Used BRSH RND 12 LH SI 383 2011(69 3 99 1 @ 3.99 Strangers to These Shores: 2O1 - WIN OIL 37ML CAO 91376711318 6.99 I @ 6.9'3 ' 013440615 1 $89.52 $89.52N ART 6IM OIL CAD 94376895919 7.99 I @ 7.99 Original Price: $140.00 WIN OIL 200(1_ YE 91316910841 17 99 I @ 17.99 Reason:RENTALWIN OIL 20111 BU 94376910961 17 99 •1 0 17.99 • KNIVES PALETTE 0 400100721121 7.99 1 @ 7.99 Used KNIFE PAINTING 100100722305 3.99 1 @ 3.99 Finite Mathematics i.i4 lout Acce CANVAS VALUE 18X? 4001007. FI43 14.99 1 @ 14.99 013333965 1 $78.63 • $713.63( (RETURN VALUE 7.1)0) Original Price:. $138.75 CANVAS VALUE 18X2. 10010 371143 14 99 1 @ 14.99 • Reason:RENTAL . (RETURN VALUE 7:19) BUY 1 GET 1 FREE 14.99- New Psychology:Lifespan Developmen CANVAS VAhl1E 18X2 100100371443 14.99 1 @ 11 99 014327791 1 $174.75 $174.75( (RETURN VALUE 7.50) CANVAS VANE 18X2 400100374113 14.99 1 @ 11.99 Used (RETURN VALUE 7.19) Fifty Readings Plus WY 1 GET 1 1-W_t. 14.99- 011799288 I $43.89 $43.89N Original Price: $86.75 WIN OIL 200ML. II f 91376886344 173) 1 @ 17.99 Reason:RENTAL (R[TURN VALUE 10 79) COUPON GET cu ITE1I 40% OFF 7.20+- Sub Total 404.79 Tax 0.00 Ca.pm(s) A plied: 400100970591 40`.. OFF UPt:. Total $404'79 SUBTOTAL 119.67 SSS TAX 6% 7.18 Credit Card TOTft 126.85 ALIXIJN1 NUMBER t,.=kr=site +aR7809 VISA/NIS1ERCFRD 126.85 APFRi)VAL: 67112 SWIPED ill UNE This receipt expires eI 90 der4s en 04/11/14 8-9341-7995-5915-M1-1111-1111-1933-3&53 • May ] 11 .U, Cr - c Is��5 f " cif y,,6 .i`; u,-)1 Ali lr:1-t-kJ ' r'�� PCS i i-i- )1 r c -�� r L.41m1 1>rr? • x�mara ;rsa..weiatxaak .a+�mg> 9eM:sear�Aa `y SHIPPENSU(I11G POST OFFICE ' t r•F IPPEhaSs'.- • Penns,I v:�r 1 Where Creativity Happens- IlZ579998 413=170257 -0097 02/23/2:-.)13 (7171532-2314 11:32:17 AM MICHAELS SiORE lir-x? (717)263-9358 SammitaNINQSWOMM=IMU-------•-- Sales Receipi Product Sale Unit Final MIctriELS SlORE 111G0 Description Ory Price Price %7 h1CRLtYJD AVENUE 1 IN SCRANTON PA ;8509 $5.60 CHA1913ERSBUFG, PA 17201 Zone-2 Priority Mail Flat Rate Env )i- Return Barcode 5.80 oz. Expected Deli/ery: Mon 02/25/13 Label 4: -9341-0856-1215-8W-1111-2111-1933-0160 ,0-1111-2111-1933-0960 9505 5101 9944 3054 4150 77 I (1 II is �' is lI I i Issue PVI: $51 III II .60 I rI 1I 11 III 11111 • Tatal: $5.60 • 991 Sr4.1 931:.9 Ti'0 006 1/06/14 14.29 Paid by: VISA $5.60 1'uRPENOID QUART 189188016846 I').99 1 @ 19.99 Account #: XXXXXXXXXXXX6593 Approval #: 033144 BRSH I;RT 8 LH SIN 38372014900 3.99 I @ 3.99 ' Transaction #: 179 BRSH FLT 4 LH SIM 38372014418 3.99 1 @ 3 99 23 903110377 • BRSH BRi 12 LII SI 38312014721 3.99 1.8 3.99 • NFor tracking or inquiries go to CANVAS 12X16 SUPE 886946216972 19.99 1 8 19.99 USPS.com or call 1-800-222-1811. LUTX ACR 3202 GE 94376924016 27.99 1 8 27.99 Order stamps at usps.com/shop or call (RETURN vaLLIE 16.19) 1-800--Stamp24. Go to usps.com/clicknship CO 1 GET AN ITEM 40%OFF 11.20 • - to print shipping labels with postage. For • other information call 1-800-ASK-USPS. . . Col.Para(s) Applied: kAck*kAXx*XxX**xk**x*AAX:tXXxXXXXAX*X*AXXX AAA*A*XkAA*x**k*WAYotkA*'AX*AX.<XX**XAA**XA 400100901120 40: Get your mail when and where you want it SUBFOTAL _379 • • with a secure Post Office Box. Sign up for SPIES TAX 6% 4.13 a box online at usps:com/poboxes. TOT 72 87 • AXAAA*'A AA AX A Ax A A AX A x*AA*AX A A A XXX A A A XX Ax ,V,� rL•o` • AAAAA AA**AAXAX*A'X Ax A X*A A AX A A A'A A A XA A A*AXA . • . ACCOUNT NUMBER iv. :**iti.4x78.€0 Bi 11#: 10017304554891 VISA/MISTERCARD 72.87 Clerk: 09 aPPRUVAC.: 083019 SWIPED ONLINE All '_ales final on stamps and postage This receipt expires at 90 dans an 04/48/14 Refunds for yuarantaed services only. Thank you for your business KAAAAx,AAA AAAA*AXAAXXXA:KAXXA'A*AxX*XAx*XA 8-9341-0895-1215-8500-1111-2111-1533-0460 AAXXAAAXAX kAA**AxAA*A/.AAAXXxXAAAXAA*A*X* HELP US SERVE YOU BETTER Go to: https://postalexperience.crom/Pos YOU SAVED S 11.20 TELL US ABOUT YOUR RECENT (1044-9994--0964-4302-31!51-01101-39%-040 POSTAL EXPERIENCE 11111111111111111111111111111121311 YOUR OPINION COUNTS KYAAAAxa AA A AX A A A A A A A A A AXX A A A A A A A A A AX A XX'X IctxxxAAAA*xxk kAxk:tAAxA*NicAxx KXA*x'k*Ak AkX SIGN-LIF AT MICIllit_S.C(l1 'N. + 1II IIS ON FACEBOGti TO RECF IVESt'Lt:[1.. (.it 1 r `. AHD Customer Copy CREATIVE PROJECT IDEA' Text AFPI to 213283 to cv•rmiltoad hlrc:hdels i•1obtle- 111 , EWA VW FOR SNn ITHO AT MICHAEL S Dear Vali:ej C.rv,tioner: • Michaels whirr, and Lcr.roll PU1ic ie-i are a•ryrl.rErle et tirohaels.cao sod cn tote at rL'Aster's. /WOOD UNI! BKST ---r '30D UNIV 8rsr jC:O JFT' BKST - - TaENTCENTER STUDENT CENTER STUDENT CENTER 300 ALMP5 .' !) ADAMS AVE, ADAMS AVE, 5703486248 5703465243 , 5103466248 r ood,bkstr.com :rrywood.blestr.comI,mar :�rood.blestr.com far on facebook! :n2 a fare on faceboak! Become a fan on facebaok! --- _ = PRICE TOTAL ;444.0 ' FEE TYPE FEE PRICE _Tu TOTAL _ rig (CUSTOM) rADLOCK . 1:2.-'3:J346 . CRYN 2-PAK BLK 28 12450-2 1 $5.99 $5,991 RENTAL FEE $38,29 0D017544 1 $4.12 $4.121 CONVERT TO PURCHASE PRICE $37.28 ---- :HOT-MELT Failure to return item on time '-;.-J, CHARCOAL KIT CRD 1 $7.50 $7.501ill result in the following ‘Ilkil41, $4.89 $4,591 • $17.00 ---* -..ilve to your credit card: RE PRICE DIFFERENCE - RN PROC. FEE $7.56 4 ' 8 PC k" CHARGE $86.39 $9.99 $9.99T ,ND 8.5X11(3) . ' 12/14/2013 1 $14.49 $14.491 ;ence (w/out w Total 19.00 , x 1 .14 ii) ub Total 27,98 $65.28 ax 1.68 'i0 PURCHASE PRICE $36.72 .�, Total '• $20.14 to return item on time )tal $29.66Tesult in the following - - Cash 21.00 . e to your credit card: CHANGE -0.86 r; ' ;'4--" NON-RETURN PROC, FEE $10,20 11 NON-RETURN CHARGE $103.02 -PA 6.0 4 6.0000 1.14 29.66 DUE DATE 12/14/2013 T4 ___ ______ ______ Items Purchased: 3 - Items Returned: 0 6.0000 1,68 6315 1266 001 6 8/20/13 13:37 . . 3 , Associate: 22492 Charles • 1Ili 'it I 0 1Lt 11.1.11 i�i�l, 10:1111 a` LOBE ' S *P 10000000000000423345* . LOWE'S HOME CENTERS, INC. T f, 3,:!:-i agree that by my 250 SOUTH CONESTOGA DRIVE SHIPPENSBURG, PA 17257 (717) 530-3101 - SALE - SALESH: FSTLANE4 13 TRANSN: 4775141 08-17-13 • 204777 30 N95 1/0/F RESPIRATOR 2 9.94 2 8 4.97 • 74551 EYEGLASS PROTECTOR/ORP(+5 3.96 194347 2 GALLON WHITE BUCKET 3.58 SUBTOTAL: : 17.50 TAX: 1.05 INVOICE 04448 TOTAL: 18.55 VISA: 18.55 VISR:XXXXXXXXXXXX6593 AMOUNT:18.55 AUTHCD:005138 SWIPED REF I0:7/5162281604 08/17/13 17:32:42 STORE: 2816 TERMINAL: 04 08/17/13 17:32:44 • 61 OF ITEMS PURCHASED: 4 EXCLUDES FEES, SERVICES AND SPECIAL ¶1P ITEMS - HACC Fuundc:l ' in 1964 Hacc Online Payments Tyler Fitehet Transaction Approved Receipt Number: 806324 Customer:FITCF$ET,TYLER ePayment Location Current Rate:.04/14/2014 • • Tuition.and Fees(summer 12014). • $720.00: Total $720.00 $720.00 Wet)Credit-Card MasterCard XXXXXXXXXXXX3199 �+ �I • Authorization tt 04126Z • V Total $720.00 Thank you for the payment. Your receipt has been emailed to tyler.fitchett.gmail.COM (hvnlwebcn2) • https://commerce.cashnet.com/cashnete/selfservefreceipt.aspx7IXDS=O&Z=PP Page 1 of 1 EXHIBIT . — ...— .. ...„,—._ ......A....4.*g......P.,a,--.,,,.....,,,n- .. . , . .,........-.,„._ ...—__ HARRISBURG BOOKSTORE Please refer to the above number(s) SHIPPING ADDRESS on all correspondence. HACC HARRISBURG BOOKSTORE ONE HACC DRIVE HARRISBURG PA 17110 Create Date: 05/15/2014 USA Processed Date: 05/15/2014 Phone: 717-780-2509 Fax: 717-231-6411 Processed By: E-Mail: HarrisburgBookstore@hacc.edu URL: http://bookstore.hacc.edu Customer: Name: Ty Fitchet E-mail: tyler.fitchet@gmail.com Alias: Comment: Ship To: Via: UPS GROUND Ordered By: Ty Fitchet ' Ty Fitchet 311 Liberty Drive 311 Liberty Drive Shippensburg . PA j7257 Shippensburg PA: 17257 US US Phone: 7178600184 Ext: Phone: 7178600184 Ext: .. Phone: Ext: Phone: Ext. . Phone: Ext: Phone:, ' Ext: Order Back Cancel Ship SKU item Name Price Discount Ext Price Qty Order Qty Qty ISBN Qty Rental Serial Number Description . Y/N Serial Number Description Packing Comment - Item Order Comment . . IN 0 0 '. 1 10516669 . $146.70 $0.00 $146.70 - 978-1-259-23336-4 N '. •WHITBOURNE/ABNORMAL PSYCHOLOGY W/DSM5 PLUS CONNECT CODE I Tr': for y-,',...0 0'd--..c - i :.: 1 viz? -zi. 2;•.:.2ciate ,/,:::ur 1.-y f.-.-• 1-....:3si. I i ),. on \P . f.' 1-' ri'..1 .:-:•'. - ':',1": i'l ...iir - l',::-- ct 7::;.°1 , \ :7) .-.6.") C.13 CreQ: & .t) Sub total: $146.70 Discount: $0.00 Shipping Total: $8.75 Not TAXABLE: $0.00 Total Taxes: $0.00 Total: f S155.45 Report ID: 1000059,1 Page I of I t...7 (ivii`e,4105kr Cant CERTIFICATE OF SERVICE AND NOW, this 16`'' day of October 2014, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition to Enforce the Property and Separation Agreement, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail,First-class mail,postage prepaid addressed to the following: Respectfully submitted, ABOM&KUTULAKIS,L.L.P. ALL �i ' 'i,C,Cta Michelle L. Sommer,Esquire Attorney I.D. No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner JULIE R. FITCHET, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL J. FITCHET, DEFENDANT : NO. 06-6000 CIVIL IN RE: MOTION FOR ENFORCEMENT OF PROPERTY AND SEPARATION AGREEMENT ORDER OF COURT AND NOW, this 20th day of October, 2014, upon consideration of the Plaintiff's Motion for Enforcement of Property and Separation Agreement, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, Michael J. Fitchet, to show cause why the relief requested should not be granted; 2. The Defendant shall file an Answer on or before Friday, November 14, 2014; 3. Hearing/argument on the matter will be held on Friday, January 23, 2015, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Michelle L. Sommer, Esquire Attorney for Plaintiff J. Fitchet Defendant bas 0.4C:s fr&JLk ,' loiacyly By the Court, OM& UTULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717)249-0900 FILED -OFFICE EU_Oisi`'p t HE PROTHONOTARY 2fl 61{ OCT 29 PH 3: _ CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIE R. FITCHET, NO. 2006-6000 Plaintiff/Petitioner v. Action in Divorce MICHAEL J. FITCHET, Defendant/Respondent AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Petition to Enforce Marital Agreement upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, return receipt, postage prepaid, on Michael J. Fitchet, at Camp Hill, Pennsylvania, addressed as follows: Michael J. Fitchet 1936 Kent Drive Camp Hill, PA 17011 Return card acknowledging receipt on October 25, 2014, is attached as Exhibit "A". ABOM & KUTULAKIS, L.L.P. Date: 1012q 114— Y)411/181r01 Michelle L. Somme,uire Attorney I.D. No.: 93034 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaint SENDER: COMPLETE THIS SECTION . • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ill Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SeCT/ON ON DELIVERY . 1. Article Addressed to: Ncicu2-11.14ki,--k- le131v, V--e--Ds2A, v Craw? 021,IL CA - 1701/ D. is delivery address different from item If YES, enter deliven,i address below: (007 <)0 3. Service Tye,_ ifie0alit Priority Mail Express Registered etum Receipt feeMeFeheodisQ— Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 4 i!! f 31:1511 0000!0650it334S (Transfer from service labe0 PS Form 3811, July 2013 Domestic Retum Receipt EXHIBIT 'A" IN THE COURT OF COMMON PLEAS FOR THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY BRANCH, PENNSYLVANIA JULIE R. FITCHET, Plaintiff/Petitioner v. NO. 2006-6000 MICHAEL J. FITCHET CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE PRAECIPE Enter my appearance on behalf of the Defendant, Michael J. Fitchet, who ha previously appeared pro se. Please note on all court records that Defendant's current mailing address is: Michael J. Fitchet 6769 Spring Road, Shermans Dale, Pa 17090. Respectfully Submitted Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 /0 IN THE COURT OF COMMON PLEAS FOR THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY BRANCH, PENNSYLVANIA JULIE R. FITCHET, Plaintiff/Petitioner c.--) t--, v. NO. 2006-6000 MICHAEL J. FITCHET CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE r--;-::-; :;--- ANSWER TO MOTION FOR ENFORCEMENT OF PROPERTY AND SEPARATION AGREEMENT WITH NEW MATTER AND NOW, comes Defendant, Michael J. Fitchet, by and through his counsel Kevin E. Prosser, Esquire, and brings this Answer to Motion for Enforcement and Separation Agreement and avers as follows: 1. Admitted. 2. Denied. Defendant's address is 6769 Spring Road, Shermans Dale, Pennsylvania 17090. 3 Admitted. 4. Admitted. 5 Admitted. 6. Admitted in part and Denied in part. It is admitted the parties have a daughter but her legal name is Tyler N. Fitchet. 7. No response required. The document speaks for itself 8. Admitted in part and Denied in part. It is admitted that the parties' child has chosen to attend Marywood University. To the extent that it is implied that Defendant agreed or acquiesced in the choice of said University, same is denied. Costs incurred are Denied as Defendant is without sufficient knowledge as to the truth of this averment and same is therefore denied. Moreover Exhibit C fails to reflect all payments made by Defendant. 9. Denied. Defendant is without sufficient knowledge as to the truth of this averment and same is therefore denied. 10. Admitted. 11. Denied. Defendant is without sufficient knowledge as to the truth of this averment and same is therefore. denied. 12. Denied. Defendant is without sufficient knowledge as to the truth of this averment and same is therefore denied. By way of further response, until the lin of the instant Motion by Petitioner, Defendant was not made aware of these filing costs, and has incurred similar costs on behalf of his daughter which require reimbursement from Plaintiff. 13. Denied. Defendant is without sufficient knowledge as to the truth of this averment and same is therefore denied. By way of further response, Defendant never agreed to pay for a summer class, nor is he required to under the A reement. In addition, Plaintiff fails to substantiate her claim for $910.45 g through receipts or exhibits, as the documents do not support the averment. 14. Denied. Defendant is without sufficient knowledge as to the truth of this averment and same is therefore denied. 15. Denied. Defendant is without sufficient knowledge as to the truth of this averment and same is therefore denied. See NEW MATTER, below. 16. No response required. The document speaks for itself. 17. Denied. Defendant has made no such threats. By way of further response, one can not be in contempt simply by contemplating taking some action, nor can someone be compelled to do that which they are already doing. 18. No response required. The document speaks for itself. 19. Denied as a conclusion of law that Defendant is in breach. Otherwise, no response required. WHEREFORE, Respondent requests that Petitioner's Motion be dismissed. NEW MATTER 20. Paragraphs 1 through 19 are incorporated herein by reference as if set forth in full. 21. Defendant entered into Paragraph 24 of the Agreement (the "Agreement") with certain understandings — one, that he would be able to participate with his daughter in choosing where she went to school, and two, that he would be given a veto based upon the cost of education at the particular school. Defendant was denied all opportunity and input in this most important of decisions. Plaintiff held sole sway over the parties' daughter's choice of school. Moreover, Plaintiff now is unilaterally deciding what "reasonable education -related expenses" entail. 22. The Agreement must be set aside because the contract terms are indefinite. The essential terms of the Agreement — namely where the child would attend college and what expenses would be included in "reasonable education -related expenses" were not agreed upon. Defendant was not provided an opportunity to assist his daughter in choosing where she would attend school — which was an essential element of the Agreement. A court is not able to infer the key material terms of the contract where the cost of education is not defined. 23. In the alternative, the Motion for Enforcement is premature and may not yet be enforced, as no provision in the Agreement provides for a time frame for Defendant to pay for his cost of the education. The payment term is indefinite, and is not enforceable, as under a strict reading of the paragraph Defendant may pay his half at his leisure, not upon demand by Plaintiff. 24. In the alternative, the Agreement must be set aside because of frustration of purpose. Defendant agreed to pay for his daughter's education solely because he wanted to assist his daughter in making what was, up until that point, the most important decision in her life. Plaintiff prevented Defendant from providing said assistance. Thus, Defendant's purpose in agreeing has been frustrated by Plaintiff. 25. In the alternative, the Agreement must be set aside because of mistake. Defendant entered into the Agreement with the understanding that by its terms he would have a say in where his daughter went to college. Defendant did not have a say. Defendant was mistaken and the Agreement should be set aside. 26. In the alternative, the Agreement must be set aside because it is unconscionable. Defendant is in a position where he is forced to write a "blank check" for his daughter's education. Defendant is at the whim of daughter and Plaintiff as to how long he must pay, and how much. Daughter could pursue multiple majors and take an indefinite amount of time to secure her degree. 27. In the alternative, the Agreement must be set aside because performance is impossible. Defendant's income is sufficient to make modest expenditures toward his daughter's education. For example, Defendant could afford half of all expenses for daughter to attend a community college. Daughter, however, chose to attend an expensive private institution. Defendant does not have the cash to make payment for such an institution upon demand. 28. Defendant was not represented during divorce negotiations. Plaintiff was represented and prepared all Agreements. All confusion and ambiguities in said Agreement must be construed in opposition to Plaintiff's position as drafter and in favor of Defendant. 29. If paragraph 24 of the Marital Settlement Agreement is found to be valid and enforceable, Defendant is entitled to offset as he has incurred expenses on behalf of his daughter as anticipated under that paragraph without adequate compensation by Plaintiff, as shall be shown at hearing. WHEREFORE, Defendant files this New Matter, and demands dismissal of Plaintiff's Petition and / or demands offset for expenses paid by Defendant. Respectfully Submitted Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 CERTIFICATE OF SERVICE I, Brittany Shelter, Secretary for Kevin E. Prosser, Esquire, do hereby certify that on this 14 day of November, 2014, I served a copy of the foregoing pleading by fax and Regular Mail to the person(s) listed below Michelle L. Sommer, Esquire 2 West High Street Carlisle, Pa 17013 Brittany Shetter Secretary for Kevin E. Prosser, Esq.