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Home My WebLink About06-6051Sea.29. 2 0 0 6 9:28AM No.5768 P. 3 Barbara Sumple-Sullivan, Esquire Suprwne Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. MCCRAE DeMARTYN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6051 KENNET14 J. DeMARTYN, : CIVIL ACTION -- LAW Defendant ; IN DIVORCE STIPULATION FOR ENTRY OF AN ORDER OF AXCLUSWE POSSESSION THIS AGREEMENT made the 29th day of September, 2006, by and between Melanie A. McCrae DeMartyn, an adult individual residing at 604 Wingert Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and Kenneth J. DeMartyn, an adult individual residing at 604 Wingert Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Wl TAESSETH WHEREAS, the parties are husband and wife having married on November 28, 1987 in Marysville, Perry County, Pennsylvania; WHEREAS, during the marriage the parties resided in the marital home located at 604 Wingert Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055; COMMONWEALTH OF PENNSYLVANIA MAR 0 6 2008 COUNTY OF CUMBERLAND, SS: MELANIE A. McCRAE-DeMARTYN, ) IN THE COURT OF COMMON PLEAS OF PLAINTIFF ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) NO. 06-6051 KENNETH J. DeMARTYN, ) CIVIL ACTION - LAW DEFENDANT ) IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff Melanie A. McCrae-DeMartyn moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment (X ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The defendant has appeared in this action by his attorney, James A. Miller, Esquire. 3. The statutory grounds for divorce are §3301(c) and §3301(a)(6). 4. The action is not contested. An agreement has been reached with respect to the following claims: N/A The action is contested with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, support, counsel fees, costs and expenses. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: Plaintiff will proceed on fault grounds if Defendant will not consent. Date: Donald T. 0ssinger, Esqui Attorney for Plaintiff AND NOW, IXQ.t GI? 2008, W , Esquire is appointed master with respect to the following claims: BY E COU J. 1 cn, ` •• _) J1 , `i , i i ff? ail ' 4 } M cn C. S@P.29. 2006 9:28AM No.5768 P. 4 WHEREAS, Defendant, Kenneth J. DeMartyn, is to relocate from the marital home on or about October 5, 2006 at midnight and commence residing in his new residence at 1505 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff has provided a Spousal Waiver of her interest in this property to Defendant, excepting her claims to equitable distribution of the cash sums used and advanced for Defendant's acquisition of the property; MTWREAS, in order to preserve the peaceful occupancy by Plaintiff of the home at 604 Wingert Drive, Mechanicsburg, the parties agree to the following Stipulation: 1. The recitals contained in the whereas clauses are incorporated herein by reference as material terms of this Agreement. 2. Defendant shall fully move and relocate from the residence at 604 Wingert, Mechanicsburg, no later than October 5, 2006 at midnight. 3. Defendant shall not damage the residence and agrees to reimburse and indemnify and hold Plaintiff harmless for all costs and expenses resulting from damage to the property incident to Defendant's move. Defendant will notify plaintiff's counsel of the exact moving date and time and Plaintiff s father, or other designated representative, shall be in attendance to ensure that only mutually agreed upon items of personal property are taken. 2 Sep.29, 2006 9:28AM No-5768 P. 5 4. Effective October 5, 2006 at midnight, Plaintiff shall have and retain exclusive possession of the marital home located at 604 Wingert Drive Mechanicsburg, Pennsylvania 17055. Such exclusive possession shall remain in effect until modified by further order of court or written stipulation of the parties. Defendant is prohibited from entering onto said property for any purpose. Entry or presence upon said premises by Defendant shall be deemed trespassing. 5. The parties agree and acknowledge that this Stipulation shall be filed simultaneously by Plaintiff with her Complaint in Divorce and shall result in the entry of an Order for Exclusive Possession by the court. 6. In the event that Defendant has not vacated the home prior to midnight on Thursday, October 5, 2006, he shall pay to Plaintiff the sum of ONE THOUSAND DOLLARS ($1,000.00) per day for each day of hold over. 7. The parties agree and consent that this Agreement shall be entered as an Order of Court. 3 'Se p.29. 2006 9:29AM No•5768 P. 6 IN WITNESS WHEREOF, the parties hereto, set forth theirs hands and seals. SIGNED, SFALEP AND DELIVERED IN THE,P 5 OF: S M Janie A. Mc rae DeM n WITNESS IWM4 "Jig(ja= VIA 4w 14 It - - enneYh I T)6wv,1;iyu 4 ca ? o c ? -? , ?? ?;-a ;?--,? ....? ? ? K= ? ? ;? _ ? ` ' ?` ? _ ` . ?t 1 ? ? ? .C' .? ...? N -"? 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. McCRAE DeMARTYN, : IN THE COURT OF COMMON PLEAS Plaintiff V. KENNETH J. DeMARTYN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. aC_ ( ,CO5-l c,?l fug CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. McCRAE DeMARTYN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Cu,-xj KENNETH J. DeMARTYN, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Melanie A. McCrae DeMartyn, an adult individual residing at 604 Wingert Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Kenneth J. DeMartyn, an adult individual residing at 604 Wingert Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on November 28,1987 in Marysville, Perry County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on July 2, 2006. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured parry, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff 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, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, MELANIE A. McCRAE DeMARTYN, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just and Dated: ?L 006 Barbara Sumple-Sullivan squire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. McCRAE DeMARTYN, : IN THE COURT OF COMMON PLEAS Plaintiff v. KENNETH J. DeMARTYN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA vG ?obJl :NO. CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT REGARDING COUNSELING I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Dated:-.. IAMENIE A. MccCRAE DeMARTVN 0 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. McCRAE DeMARTYN, IN THE COURT OF COMMON PLEAS Plaintiff V. KENNETH J. DeMARTYN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Melanie A. McCrae DeMartyn, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: Ljc_?O?- -i4ll?" M LANIE A. MCCRAE DeMARTYN ??s Q t W ? -fA 4 \ -lb \ n f A It - C -D c+ L 7 -ri rfl W 4 ? y e F R IZN c S &&p.29, 2006 9:28AM No-5168 P. 2 ?7 G 2 A 7006 MELANIE A. McCRAE DeMARTYN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNS'Y'LVANIA V. KENNETH J. DeMARTYN, Defendant NO. 06-6051 CIVIL ACTION -LAW IN DIVORCE ORDER ADOPTING STIPULATION OF PARTIES tl? AND NOW, to wit, this 15 day of O c.44 cr , 2006, upon consideration of the attached Stipulation for Entry of an Order of Exclusive Possession and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Melanie A. McCrae DeMartyn, and Carl G. Wass, Esquire, counsel for Defendant, Kenneth Jr. DeMartyn, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the following Stipulation dated September 29, 2006 are adopted as an Order of Court as if set forth herein at length. BY TBE COURT, 57- II -IiMl a My? hti???J 9 1 .l Pd z 100 SON Carl G. Wass, Esquire Attorney I.D. No. 07268 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendant Kenneth J. DeMartyn MELANIE A. McCREA DeMARTYN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-6051 Civil Term KENNETH J. DeMARTYN, : CIVIL ACTION LAW Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of Defendant Kenneth J. DeMartyn in the above- captioned matter. Date: 3 d ,2Q0 Respectfully submitted: Carl G. Wass, Esquires CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendant Kenneth J. DeMartyn ?4 r°' "9 v , u f S t' - ? } `?' '~} . ?? { ?i r+ l? 1 ? .LLB ??? ?? ?? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. McCRAE DeMARTYN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6051 Civil Term KENNETH J. DeMARTYN, CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Carl G. Wass, Esquire, hereby accept service and acknowledge receipt ofthe above-captioned DIVORCE COMPLAINT on behalf of my client, Kenneth J. DeMartyn, having received said Complaint on the 3 0_-. day of r 2006. I hereby indicate I am authorized by my client to accept service on his behalf. ___? V4,iQ- &,%-A Carl G. Wass, E e Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 - .) CID s-_ D .- Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. McCRAE DeMARTYN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH J. DeMARTYN, Defendant NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of MELANIE A. McCRAE DeMARTYN in the above-captioned matter. Dated: Respectfully Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 PRAECIPE TO ENTER APPEARANCE Please enter my appearance Pro Se in the above-captioned matter. Dated: / 1-12 Melanie A. McCrae Demartyn 604 Wingert Drive Mechanicsburg, PA 17055 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. McCRAE DeMARTYN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6051 KENNETH J. DeMARTYN, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRAECIPE TO WITHDRAW AND ENTER APPEARANCE, in the above-captioned matter upon the following individual by regular mail, pre-paid, addressed as follows: Mr. Kenneth DeMartyn 1505 Grandview Avenue Mechanicsburg, PA DATED: January 30, 2007 _ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 C> C" C7 t.` C=n c? ` cn ''? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MELANIE A. McCRAE DeMARTYN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OL - C,os'l (ft'u itc-_7 KENNETH J. DeMARTYN, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of Interrogatories Propounded by Plaintiff to be Answered by Defendant and a copy of Plaintiff's Production of Documents Request to Defendant in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7004 2890 0002 8467 0795, Return Receipt Requested, on Mr. Kenneth J. DeMartyn, on January 26, 2007 at his last known address: 1505 Grandview, Mechanicsburg, PA 17055. The original receipt and return receipt card is attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to Dated: January 30, 2007 to authorities. Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff s •r ?rrature ., ?? 0. Date of D. s de ivory ad rose di ifertt 1? O Yes If YES, eater delivery eAdres bWgw. 0 No y? GYM ?L L? r l t n S ?? 3. and 0 F. pm Melt I] c&.% m Receipt for Mwdwrdw yn r i ¦ (Domestic Mail Only, No Insurance Co verage Provided) C3 For delivery information visit our website at www usps com r%- ff F1 8 ] 'A r)T . - , CO Postage $ $2. 31 1111 Il ?? b r'U Certified Fee $2. 0 0 0 Return Ree apt Fee (Endorsem semerd R uired X1.85 n4 ! Here ` C3 Q- Restricted Delivery Fee (Endorsement Required) by' 7 ru Total Postage & Fees $ $6.56 I_i112?t, O C3 Sent To Mr, N --------- _--•_--_•_--_- -------------- or -"•-•_••_-_• oneei,ApEN t?D or PO Box No. . ( / City, State, LP+4 yy? / ' /?l?y/)?..7 71 f IJ ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ {print your name and address on the reverse so that we can return the card to YOU- • Attach this card to the back of the malipieoe, or on the front if space permft - 1. rnr, AeMe Add resod to: A m ' l SUS (?(-cxncl Y'tw 6 V14 2, Article Number (i Wow f m awww aho PS Four, 3811, February 2004 ? RepfMred Q Insured MaU (] O.O.D. 4 Resdf W DdWOYt Oft Fee) 0 Yw 7004 2890 0002 8467 0795 1026"•MF1M EXHIBIT "A" CZ NJ C7 -Ti .....Grp; -i CZ; _. r ~ N ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. MCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant TO THE PROTHONOTARY: NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please enter the appearance of the undersigned on behalf of the Plaintiff, Melanie A. MccCrae DeMartyn. Date: FX V&7 Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Melanie A. McCrae DeMartyn rN) r } 1 3 - ra , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND, SS: MELANIE A. McCRAE-DeMARTYN, ) IN THE COURT OF COMMON PLEAS OF PLAINTIFF ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) NO. 06-6051 KENNETH J. DeMARTYN, ) CIVIL ACTION - LAW DEFENDANT ) IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff Melanie A. McCrae-DeMartyn moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment (X ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X ) Costs and Expenses and in support of the motion states: Discovery is complete as to the claims for which the appointment of a master is requested. 2. The defendant has appeared in this action by his attorney, James A. Miller, Esquire. 3. The statutory grounds for divorce are §3301(c) and §3301(a)(6). 4. The action is not contested. An agreement has been reached with respect to the following claims: N/A The action is contested with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, support, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: Plaintiff will proceed on fault grounds if Defendant will not consent. Date: Donald T. issinger, Esqui Attorney for Plaintiff AND NOW, , 2008, master with respect to the following claims: BY THE COURT: Esquire is appointed J. Q :c fl-a c:* c= coo -n `T} to Lr, .., ?w z 1, gm N '; ? GJ7 MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please enter the appearance of James A. Miller, Esquire, as counsel for Defendant in the above matter. Date: d(3 I, James A. Miller, Esqui James A. MXer, Esquire TE OF certify that I have forwarded a copy of this Praecipe to counsel for Plaintiff, on the date indicated below by U.S. First Class Mail. Donald T. Kissinger Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Date: ! C 1K,?W James V Miller, Esquire MI R LIPSITT LLC 5 Poplar Church Road Camp Hill PA 17011 717 737 6400 C C5 T +? MELANIE A. MCCRAE DEMARTYN, Plaintiff V. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 KENNETH J. DEMARTYN, CIVIL ACTION - LAW Defendant 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 papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House, Fourth Floor Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 James A. filler, Esquire Attorn for Defendant MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE Defendant, Kenneth J. DeMartyn, by and through his counsel James A. Miller, Esquire, hereby files this Answer and Counterclaim to Plaintiff's, Melanie A. McCrae DeMartyn, Complaint in Divorce and respectfully avers the following: ANSWER 1. Admitted. 2. Denied. Defendant resides at 1505 Grandview Avenue, Mechanicsburg, Pennsylvania, 17055. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Admitted. 8. Admitted. 9. Denied. Defendant is without knowledge or information as to the truth of the averment therein and to that extent the averment is denied. 10. Neither admitted nor denied. No responsive pleading is required. 11. Admitted. 12. Neither admitted nor denied. No responsive pleading is required. 13. Denied. Defendant is without knowledge or information as to the truth of the averment and to that extent the averment is specifically denied and proof thereof is demanded at trial. By way of further response, Defendant is the innocent and injured party with Plaintiff having offered such indignities to the person of the Defendant making his life burdensome, his condition intolerable and in violation of their marriage vows and the laws of the Commonwealth of Pennsylvania. 14. Neither admitted nor denied. No responsive pleading is required. 15. Admitted. 16. Neither admitted nor denied. No responsive pleading is required. 17. Denied. Defendant is without knowledge or information as to the truth of the averment and to that extent the averment is specifically denied and proof thereof is demanded at trial. Moreover, Plaintiff is full well and able to support herself and has done so and has proven her ability to do so over the course of her marriage to Defendant even though Defendant has been the major contributor to the acquisition of marital assets. Plaintiff is a college graduate with a teaching certificate and has been engaged as a therapist for many years both as a sole proprietor as well as an employee. Plaintiff's property, earnings and earning capacity provide her with a sufficient basis to afford her the opportunity to satisfy her reasonable needs. Plaintiff has no debt, lives in a home without a mortgage, does not pay rent, no car payments or credit card debts. 18. Neither admitted nor denied. No responsive pleading is required. 19. Denied. Defendant hereby incorporates preceding Answer 17. COUNTERCLAIM COUNT I - ALIMONY 20. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 21. Defendant, Kenneth J. DeMartyn, is unable to sustain himself during the course of litigation and to defend the divorce action. 22. Defendant, Kenneth J. DeMartyn, lacks sufficient income to provide for his reasonable needs and is unable to sustain himself through appropriate employment. COUNT II ALIMONY PENDENTE LITE AND COUNSEL FEES. COSTS AND EXPENSES 23. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 24. Defendant Kenneth J. DeMartyn is unable to pay his counsel fees, costs and expenses and Plaintiff Melanie A. McCrae DeMartyn is able to pay them. COUNTERCLAIM PURSUANT TO 3301(A) OF THE DIVORCE CODE 25. Defendant hereby incorporates preceding paragrahs one (1) through seventeen (17) as if fully set forth herein. 26. Plaintiff has offered such indignities to the Defendant, as to have rendered his life burdensome, pursuant to Section 3301(a)(6) of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests this Honorable Court to enter a decree: 1. dissolving the marriage between Plaintiff and Defendant; 2. equitably distributing all marital property pursuant to section 3502 of the Divorce Code. 3. awarding Defendant alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to sections 3701 and 3702 of the Divorce Code and ordering Plaintiff, Melanie A. McCrae DeMartyn, to pay the reasonable counsel fees, costs and expenses of Defendant. 4. and for such further relief as the Court may determine. Respectfully submitted, Date: &4t / ? 2AI James . Miller, Esquire MILL LIPSITT LLC 76 oplar Church Road amp Hill PA 17011 717 737 6400 I, KENNETH J. DEMARTYN, hereby swear and affirm that the facts contained in the foregoing ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date. AllKenneth J. MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant lC? CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that I have forwarded a copy of the foregoing Answer and Counterclaim to counsel for Plaintiff, on the date indicated below by U.S. First Class Mail. Donald T. Kissinger Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Date: (,144 r 7 ,2-evd- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE Jame A. Miller, Esquire M ER LIPSITT LLC ,765 Poplar Church Road Camp Hill PA 17011 717 737 6400 r.a C t: cc co MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE MOTION TO DISSOLVE September 29 2006 Stipulation for EXCLUSIVE POSSESSION NOW COMES Defendant, Kenneth J DeMartyn, by and through his undersigned attorneys and respectfully requests that your Honorable Court dissolve the Stipulation for Exclusive Possession of the Marital Residence entered in Plaintiffs favor and for reasons therefore states: 1 1 Plaintiff, Melanie A. McCrae DeMartyn, initiated this divorce action with the filing of a Complaint on October 17, 2006 seeking, inter alia, a no-fault or in the alternative, a fault divorce along with counts for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses. 2 On March 5, 2008, Plaintiff filed for a Master in this case 3 On October 14, 2008, Defendant filed an Answer and Counterclaim and served Plaintiff with such through her counsel by United States First Class Mail. 4 On or about September 29, 2006, Plaintiff and Defendant entered a Stipulation to the above term and docket that provided in pertinent part that Plaintiff would have exclusive possession of the marital residence located at 604 Wingert Drive, Mechanicsburg, Pennsylvania. 5 The last preamble in the Stipulation provides that Plaintiff was to retain possession to the exclusion of Defendant in order to "preserve the peaceful occupancy by Plaintiff". 6 Based upon information and belief. Defendant avers that Plaintiff no longer continuously occupies the premise. 7 The subject property is one of the major assets of the marriage and of significant value in the scheme of equitable distribution between the parties. 8 Defendant is the party to the marriage that maintained the premise throughout the marriage. 9 Maintenance of the premise consists of including but not limited to gutter cleaning, water diversion from the foundation and, basic and essential winterization. 10 It is believed and therefore averred that Plaintiff has failed to undertake necessary measures to preserve this significant marital asset and consequently, she is dissipating this valuable marital asset under the guise and protection of a stipulation for exclusive possession. 11 The Stipulation was entered into at a period of time in the parties lives that was new and different to them in light of their newly separated lives and pending divorce thereby creating completely uncomfortable circumstances for them. 12 Such circumstances no longer have any relevance in this action in that approximately 2 '/ years have passed and the parties have moved on with their respective lives which for Plaintiff it is believed and therefore averred includes living primarily at another residence than the marital residence which is the subject of the Exclusive Possession Stipulation. WHEREFORE, Defendant respectfully requests this Honorable Court to dissolve the September 29, 2006, Stipulation for Exclusive Possession Respectfully submitted, Date: January 12, 2009 J es A. Miller, Esquire MILLER LIPSITT LLC 765 Poplar Church Road Camp Hill PA 17011 717 737 6400 MELANIE A. MCCRAE DEMARTYN, Plaintiff v. KENNETH J. DEMARTYN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that I have forwarded a copy of the foregoing Motion to Dissolve Exclusive Possession Stipulation to the following individuals on the date indicated below by U.S. First Class Mail. E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Donald T. Kissinger Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 l3 c2q Date: Jam s A. Miller, Esquire it LIPSITT LLC 65 Poplar Church Road Camp Hill PA 17011 717 737 6400 MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6061 CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, KENNETH J. DEMARTYN, hereby swear and affirm that the facts contained in the foregoing Motion to Dissolve are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Monday, January 12, 2009 %Mi!)1i Kenneth J. eMartyn C ?? S ? :_ i , .. t,, ; i ? ? -. 4' ? `? ? 71 t ? ? i? .??' ? :? ? ..w MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE T'S MOTION TO COMP Defendant, Kenneth J DeMartyn, by and through his undersigned counsel and pursuant to Rule 4019(a) of the Pennsylvania Rules of Civil Procedure, moves this Court to enter an Order directing Plaintiff, Melanie A. McCrae DeMartyn, to respond to Defendant's First Request for Production of Documents and award Defendant counsel fees and for reasons therefore states: 1 Plaintiff, Melanie A. McCrae DeMartyn, initiated this divorce action with the filing of a Complaint on October 17, 2006 seeking, inter alia, a no- fault or in the alternative, a fault divorce along with counts for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses. 2 On March 5, 2008, Plaintiff filed for a Master in this case 3 On October 14, 2008, Defendant filed an Answer and Counterclaim and served Plaintiff with such through her counsel by United States First Class Mail. 4 At said time, Defendant also served Plaintiff with Defendant's First Request for Production of Documents. 5 More than thirty (30) days have expired since service of the discovery request and Plaintiff has not responded to the discovery. 6 Defendant has requested that Plaintiff comply with the 30 day requirement of the rules of civil procedure in providing her document production in response to Defendant's request. 7 On December 11 2008 Defendant set forth in writing that he would seek to compel Plaintiff's production through the court if her production was not forthcoming. 8 To date, in complete contavention of representations as well as in violation of the rules of procedure, Plaintiff has failed to provide production. 9 Pursuant to the Rules of Civil Procedure, Defendant is entitled to have his request responded to without having to go through extreme measures to have a Plaintiff comply. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order: 1. Compelling Plaintiff, Melanie A McCrae DeMartyn, to respond to Defendant's discovery request in the nature of a Request for Production of Documents; 2. Deeming the Plaintiff has having waived any and all objections to Defendant's discovery request; and 3. Awarding Defendant reasonable counsel fees and costs associated with the filing and enforcement of this matter. Respectfully subw&ed, Date: January 12, 2009 James &"Miller, Esquire MILLER LIPSITT LLC 765 Poplar Church Road -Camp Hill PA 17011 ?-? 717 737 6400 MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, KENNETH J. DEMARTYN, hereby swear and affirm that the facts contained in the foregoing Motion to Compel are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: January 12, 2009 Kenneth J. Martyn MELANIE A. MCCRAE DEMARTYN, Plaintiff v. KENNETH J. DEMARTYN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that I have forwarded a copy of the foregoing Motion to Compel to the following individuals on the date indicated below by U.S. First Class Mail. E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Donald T. Kissinger Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Date: I 13 0 9 ,lafnes . Miller, Esquire MILL LIPSITT LLC 76 oplar Church Road amp Hill PA 17011 717 737 6400 zil 1 w MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE " RULE TO SHOW CAUSE AND NOW, this ?T day of (Z/9AlLlA , 2009, upon consideration of the within Motion to Compel Discovery, a Rule is granted upon Plaintiff, Melanie A McCrae DeMartyn, to show cause why the relief requested in said Motion should not be granted. _ RULE RETURNABLE with hearing thereon on the -./ day of f - iJAUAICY , 2009, at ?d /PM, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013. BY THE COURT: -le -r J. X11. - F9 C.W 0.140D W? - gpl hl'I +' VLI RIIM Y! •? •?i L 0 :1 141 ? 1 NVr 6#OZ 901:L40-031H ., MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ) day of 2009, upon consideration of the within Motion to Dissolve Exclusive Possession Stipulation between the parties, a Rule is granted upon Plaintiff, Melanie A McCrae DeMartyn, to show cause why the relief requested in said Motion should not be granted. RULE RETURNABLE with hearing thereon on the day of r? 2009, at A,'66 AVPM, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013. BY THE COURT: J. 3Q, -T4 4L L 0 : l Wd ? ! NVr 6001 30H-e-G31JJ SHERIFF'S RETURN - REGULAR CASE NO: 2006-06051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEMARTYN MELANIE A MCCRAE VS DEMARTYN KENNETH J KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon LINDQUIST ERIK the WITNESS , at 0017:58 HOURS, on the 9th day of February-, 2009 at 602 WINGERT DR MECHANICSBURG, PA 17055 by handing to ERIK LINDQUIST WITNESS a true and attested copy of SUBPOENA together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage Sworn and Subscibed to before me this of So Answers: 18.00 9.90 .00 10.00 R. Thomas Kline .42 38.32 02/11/2009 KENNETH DEMARTYN By: day u S 'f A.D. a ' Q MELANIE A. MCCRAE DEMARTYN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6051 KENNETH J. DEMARTYN, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, to wit, this 4?ay of February, 2009, upon presentation of the Motion to Dissolve Exclusive Possession Stipulation and in Chambers Conference with Counsel for the parties, it is; ORDERED that: 1) Defendant shall be entitled to inspect, photograph, and perform valuations of the real estate and personal property; 2) Defendant shall conduct such inspections on two (2) separate occasions between this date and April 2, 2009 and such shall be arranged between counsel; 3) Defendant's inspections shall be performed with an acceptable third party being present namely, Erik Lindquist; BY THE COURT: Edward E Guido, Judge C S •Z Wd C i 833 6002 :3a j0 3 n1I-- 40-GM1? MELANIE A. MCCRAE DEMARTYN, Plaintiff V. KENNETH J. DEMARTYN, Defendant X ST : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6051 n N : CIVIL ACTION - LAW jil-n : IN DIVORCE C4 7 IT PURSUANT TO Pa.R.C1,P 16630 T. r7l DOM: November 28 1986 -?, DOS: June 2 2006 (Summer/Fall) Wife's Employer: self Husband's Employer: disabled/retired Minor Children: none 1. (i) List of assets, specifying the marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon: Property Description . Present valtie 1. 604 Wingert Drive Mech PA $215,000 2. Unknown - appraisal required - wife estimates to be approximately 220 Cumberland Parkway, $117,000.00 - Mechanicsburg PA Wife claims non-marital 3. Put into wife's office condo, number 2 above - $55,000.00 net proceeds from the Wife claims non-marital - husband sale of 122 S 29th St HBG PA - spent approximately 20 years _(February 2002 Deed working on this investment 4. Unknown - Wife indicates @ $5000 Tract 2, Deed 784, page 500 - by counsel letter dated September Dauphin County - 30 x 50 tract 13, 2006 5. Husband's Fidelity accounts portions premarital and portions consisting of Verizon assets marital - see 1 ii below 6. Wife's Fidelity Investment Unknown - need current statements Account X47-197769 from. wife - $33,099.19 a of 6/1/06 7. Unknown - need current; statements Wife's Fidelity Rollover IRA from wife - $49,540.67 as of June 1, 344-715913 2006 8. Unknown - need current statements Wife's Fidelity Roth IRA from wife - $49,965.59 as of June 1, 219 169374 2006 9. Unknown - need current statements Wife's Fidelity SEP IRA from wife - $45,724.64 as of June 2AU 949256 11, 2006 10. Unknown - need current statements from wife - $17357.21 as of June 30, Wife's Lincoln Annuity 2006 and $11,779.04 as of 12/31/08 11. 31 Heidi Camp Hill, PA - Husband's premarital Terrace Premarital and net deposited into Townhouse profits from sale Wife's account 12. 1988 TOYOTA Cam LE NADA 13. 1988 Nissan 300 ZX NADA 14. - 2001 Subaru Outback NADA 15. Sold - $1000.00 and proceeds 1990 Chevy Truck - Silverado equally divided 16. Savin s bonds Unknown 17. Wife's Members V t accounts: a) Unknown - need current statements 44704 checking from wife b) Unknown - need current statements 42304 savings from wife c) Unknown - need current statements 44396 checking from wife d) Unknown - need current statements 44396 savings from wife 18. Wife's Members 1S accounts for Unknown - need current statements 161213: checking, savings, from wife money, management 19. Wife's PNC checking account 50 Unknown - need current statements 0384 2441 from wife 20. Life Insurance policies are only term and there are no cash value, whole life policies 21. Household furnishings - personal property list to be supplemented and a partial listing of marital and non-marital indicated below in footnote' and Exhibit "19" attached hereto 1 (ii) the non-marital assets, their value, the date of the valuation, and any liens or encumbrance thereon: Property Description Owners Date acquired Value Husband's Fidelity Investment H with 1976 started $653,450.34 Accounts - significant premarital partial (total) values to these and consist of the marital following Verizon assets: value Verizon stock purchase/ Husband 21.063 shares as ownership plan - DOM of DOM approximately $800 Verizon retirement savings plan Husband DOM @ $13300.00 Verizon Pension: a) DOS Husband a) $392,557.00 b) March 21, 2009 b $452,432.52 1505 Grandview Avenue, Husband Post separation Mechanicsburg, PA acquisition 31 Heidi Camp Hill, PA - Premarital and $83,700.00 Husband's Terrace Townhouse net deposited profits from sale into Wife's Husband account Fulton Mortgage Husband T-505 Grandview Pearl Maxx Spa Tub model # CS-63-1 FS, Whirl Pool Front Load washing machine, Cumberland Parkway Business Office Furniture, "Floral Impressions" Classique China Set with complete set of serving dishes, gold WEDDING RINGS, her's was Custom made by Jewelers Bench with multiple Rubies and a Diamond, Garden Tools including McCullough Chain Savor and Lawn-Boy Mower, Oneida 12/10 Set of Silverware, Parrott (bird) named Boo-Boo and his Custom California Cage, Craftsman Tool Set, Solid Oak Bed-Room End-table, Executive Desk, blonde color, Folding Banquet Table, Huge genuine hardwood China Cabinet, Black Wrought Iron Patio Furniture , 9 piece set, Heavy-duty Artists Drawing Table, Dell Lap top computer, digital Camera and telescoping film Camera, One Oreck Vacuum Cleaner, One Electrolux Canister Vacuum, Pink Sofa and matching Wing Chair, Solid-Oak Dining Table, Multiple Oriental Rugs, Top Rated GE glass-top stove, Side-by- Side Refrigerator, high-technology Panasonic 20 inch TV, Fish Rod and green Tackle-box, Whirlpool Themostatic Dehumidifier, SunBeam Gas Grill, Free-Standing Cedar Closet, Antique Hardwood_Qffice File Cabinet, Nordic Track Exercise Machine, 2 Large Black Cast Iron, Country Boiling Pots, 3 Home Telephones, Lawn Jart game, Portable Microwave in Basement Apartment, numerous Antiques Domestic Relations credit Husband During spousal $3334.84 balance due to overpayment support obligation 4WD GMC Sierra Extended Wife Post separation Pickup -value unknown gift from father Savings Bonds: Husband Premarital & $1464.78 Post-separation Tract 2 - Wife's February 1 2002 Wife Premarital $5000 option agreement with Bitner Husband's personal property Husband Premarital including but not limited to Craftsman tool set from his father prior to marriage, fishing rod and green tackle-box from his maternal grandfather, and lawn dart game from his childhood and some identified in Exhibit "19" 2. Expert witnesses to be called at trial. Defendant reserves the right to supplement this paragraph and answer. 1 Leon Sweer MD FCCP, Penn State Hershey Medical Center - husband's interstitial lung disease 2 Richard J Boal, MD, Orthopedic Institute of Pennsylvania - husband's back related medical problems, degenerative arthritis; 3 Dr Kenneth Harm, family physician - general, overall medical condition of husband and his diminishing quality of life 4 Dr. Winston Seegobin - husband's mental state - 3. Lay witnesses to be called and summary of testimony. Defendant intends to call Plaintiff and Defendant. Defendant reserves the right to supplement this paragraph and answer. 1 Wife's paramour - Dr Benjamin J Pariser 2 Kirstin Wolf (wife's sister) - personal property and wife's expectancies 3 Deb Peterson - rental relative to Wife's investment property(is) 4 Frank Murillo - Holy Spirit Mental Health Supervisor - Plaintiff's employment 5 Christopher Lucas, Esquire - wife's possible real estate Partnership; wife's work schedule; wife's removal of husband's medical records 4. EXHIBIT LIST (exhibits in excess of 3 pages most likely not included) and Defendant reserves the right to supplement this Exhibit list as relevant documents may become available: ? Real estate appraisals exceed 3 pages and therefore are not attached in their entirety: ? Tax returns for 2007 and 2008'- not attached due to exceeding 3 pages; ? Wife's 2008 quicken expense statements showing that she is writing off Giant Food Store purchases as if they were business lunches or dinner meetings as well as Goodwill purchases as if they were art supply purchases. EXHIBIT ITEM/DESCRIPTION 1. June 2006 appraisal report - 604 Wingert (summary) 2. March 2009 appraisal report - 604 Wingert (summary) 3. fair market rental value - 604 Wingert 4. mortgage payoff acknowledgement - 604 Wingert 5. Truck sale documentation -1990 Silverado - Chevrolet 6. Postal Service acknowledgment that wife receives her mail at Dr. Benjamin J Pariser's home - 371 Belvedere St Carlisle 7. May 6 2008 DRO order --$3334.84 credit due to husband 8. Wife's Production of Documents response wherein statement for September 25 to October 24, 2007, is missing and is critical because, over $20,000.00 showed up in Wife's October 25, 2007 statement for Wife's Money Management, Members V t account number 161213 - the months before and after said period are attached. 9. Husband's counsel's September 29, 2006 letter identifying and documenting sources of husband's down payment from marital and non-marital funds for the purpose of acquiring 1505 Grandview home 10. 31 Heidi Camp Hill, PA - Husband's Terrace Townhouse profits from sale - Settlement statement and Articles of Agreement for purchase & 2004 Agreement for purchase 11. Tract 2, Deed 784, page 500 - Dauphin County - 30 x 50 tract - February 2002 Right of First Refusal and @ $5000 value by wife from counsel letter dated September 13, 2006, page 1 12,. Expert Witnesses reports/letters - identified in preceding number 2 above excepting family physician's, Dr. Harm 13. Deb Petersen - May 26, 2008 rental statement - see 3.3 above 14. Office building rental ads and rental payments 15. Husband's premarital and. post separation savings bonds - see section 1 ii above 16. Transfer deed from wife to Nathan A Bitner for $55,000.00 - net proceeds from the sale of 122 S 29th St HBG PA - Februa 2002 Deed 17. 220 Cumberland Parkway, Mechanicsburg PA - August 2002 settlement sheet, Deed & mortgage 18. Husband's March 21, 2009, Fidelity statement: printout on retirement accounts 19. Husband's hand written personal property list - marital and non-marital 5. Defendant essentially has no income other than interest being earned on investments. His assets have and are losing value steadily. His "severance" pay (lump sum retirement incentive) has limited duration and is of minimal value. He is living on credit cards to a large extent. 6. Defendant has/will file(d) his Expense statement to this term and docket in accordance with Pa R.C.P 1910.27(c)(2)(B) 7. Pension or retirement benefits and marital portion if any.- Retirements - each has been described herein and throughout and updates are required for Wife's; marital portions to be discerned. 8. Plaintiff and Defendant have both asserted claims for attorney fees and Defendant shall submit statements supporting present claim for approximately $10,000.00. 9. Disputed items - including but not limited to: a) Wife's cohabitation with a member of the opposite sex - 371 Belvedere Street Carlisle PA 17013, Dr Benjamin J Pariser b) Wife's significant dissipation of assets: marital residence by failing to dehumidify the basement as required given moisture issues and, removal of marital property and household furnishings from the marital residence. Husband has pictures of personal property that no longer is at the marital residence. Husband requires access to Wife's office building and paramour's home to inspect and value the personal property removed. c) Wife's Income: i) Failure to utilize her education, knowledge and skills to obtain appropriate levels of income and funds through appropriate employment. Wife's employment must reflect her broad experience and background so that she can provide for her basic needs while also providing for those needs that husband will soon face as a result of his debilitating disease(s). ii) Wife has a Master's Degree in Counseling and over twenty (20) years of experience in her.field. There are full-time positions available for persons with her credentials starting at over $50,000.00 annually and these are easily documented. Further, we know that she charges $75 to $100 hourly in her private practice for an average of $87.50. Working 40 hour work weeks over 52 weeks equates to approximately $15000.00 in gross income per month. iii) Wife previously had a tenant at her offices paying rent for space. She continues to have vacant space that could accommodate another tenant in that space today. Therefore, she has foregone rental income that she had received and such should be included for purposes of assessing her income. Second, the parties rehabilitated' their home to include an apartment in the lower level which could generate between $675.00 and $700.00 per month in rental income. Wife previously agreed with a potential tenant from her church to those figures. Wife intentionally chose to not rent the apartment. d) Wife will dispute husband's contribution to wife's premarital assets thereby increasing their value including but not limited to real estate holdings such as 122 S 29th St which netted $55000.00 that was used towards wife's acquisition of her current office condo. e) Alimony from Wife to husband; f) There are a number of assets for which the parties are able to submit a stipulation while a number shall require testimony. It is anticipated that Wife's business assets will require valuations including her bank account values as of the date of separation as well as the hard. assets associated with her business. g) Husband's medical conditions prevent him from working and negate any earning capacity whatsoever. Husband anticipates that wife will dispute his disabilities. However, he has clear and convincing support for his conditions: i) Severe Depression: Husband suffers from numerous disabilities, all of which are very serious in their own right and when combined, he is severely disabled. Good Hope Family Physicians, Dr Kenneth Harm's and Winston Seegobin's, Psy. D. August 30, 2007, depression assessment. ii) Back Problems: Husband suffers from degenerative arthritis in the lower spine as well as compression fractures; these are supported by Orthopedic Institute of Pennsylvania, Dr Boal's November 28 2006 disability. assessment. iii) Lung Disease: Husband suffers from severe interstitial lung disease and Hershey Medical Center, College of Medicine, Dr Sweer's treats the disability. This disease is all encompassing. h) Husband's quality of life will soon necessitate his need for lifeline medical alert, home air filters, yard care, a cleaning service, insurance copays on respiratory check-ups and $1100 mortgage payments as well as probable nursing care at various times. i) It is anticipated that distribution of the marital residence will be in dispute as will husband's receipt for fair market rental value credits given wife's exclusive possession since late 2006 and husband's mortgage contribution pursuant to domestic relations order. 10. Marital Debts - The parties should be able to stipulate to the value of all marital debts including those listed below Liability Description Creditors names Value N/A with the exception of Husband having paid off the mortgage on Wingert Drive 11. Plaintiff and Defendant have discussed settlement. To date, there has been no resolution. Defendant's most recent proposal in their negotiations was: Wife keeps: 1.) "all" of her retirement 2.) her office bldg. 3.) her Toyota Camry 4.) plus all Personal Property in her possession. 5.) Plus $250, 000 in retirement money from husband. Husband retains: 1.) Wingert Drive. 2.) balance of his retirements. 3.) the Subaru and Nissan Defendant's proposed economic resolution is: 1. All assets divided with 60% to husband by implementing offsets as are appropriate. - Husband to retain the marital residence as part of the resolution. 2. Personal property would be divided with the parties getting together at the marital residence and other location(s) if necessary and taking turns picking furniture, household items, etc. 3. Alimony from Wife to Husband at the rate of $ for a period of years 4. A decree in divorce to be entered. 5. And such other relief as is just under the circumstances. In the alternative, if Alimony is deemed inappropriate by the Master, then it is believed that Husband should retain at the very least 75%' of the marital estate in light of his health issues, prognosis and inadequate finances. Respectfully submitted, Miller Lipsitt LLC Jame 'A. Miller, Esquire 76 oplar Church Road amp. Hill PA 17011 (717) 737 6400 CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that I have served' a copy of the foregoing Pre-trial Statement upon the following person(s) on the date and in the manner as indicated below: Date: Monday, March 30, 2009 0 HAND DELIVERED E. Robert Elicker, II, Esquire Divorce Master Cumberland County Pennsylvania 9 N. Hanover Street Carlisle, PA 17013 Donald T. Kissinger Esquire Howett, Kissinger & Hoist, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Jame . Miller, Esquire MI R LIPSITT LLC 5 Poplar Church Road Camp Hill PA 17011 717 737 6400 EXHIBIT APPRAISAL REPORT 'OF 604 Wingert Drive Mechanicsburg, PA 17055 PREPARED FOR Attorney James A. Miller 765 Poplar Church Road Camp Hill, PA 17011 AS OF 06102M PREPARED BY Apex Appraisals, Inc. 19 Silver Maple Drive Boiling Springs, PA 17007 03/18/09 Attorney James A. Miller 765 Poplar Church Road Camp Hill, PA 17011 File Number: S903014R2006 Dear Attorney Miller: In accordance with your request, I have personally inspected and appraised the real property at: 604 Wingert Drive Mechanicsburg, PA 17055 The purpose of this appraisal is to estimate the market value of the subject property, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the estimated market value of the property as of 06/02/06 is: $ 200.000 Two Hundred Thousand Dollars The attached report contains the. description, analysis and supportive data for the conclusions, final estimate of value, descriptive photographs, limiting conditions and appropriate certifications. Respectfully submitted, Appraiser. t? Joel . Hiles Supervisor: ClickFORMS Appraisal Software 800-622-8727 EXHIBIT . APPRAISAL REPORT OF 604 Wingert Drive Mechanicsburg, PA 17055 PREPARED FOR Attorney James A. Miller 765 Poplar Church Road Camp Hill, PA 17011 AS OF 03/10/09 PREPARED BY Apex Appraisals, Inc. 19 Silver Maple Drive I Boiling Springs, PA 17007 03/18/09 Attorney James A. Miller 765 Poplar Church Road Camp Hill, PA 17011 File Number. S903014 Dear Attorney Miller: In accordance with your request, I have personally inspected and appraised the real property at: 604 Wingert Drive Mechanicsburg, PA 17055 The purpose of this appraisal is to estimate the market value of the subject property, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the estimated market value of the property as of 03110/09 is: $ 215,000 Two Hundred and Fifteen Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final estimate of value, descriptive photographs, limiting conditions and appropriate certifications. Respectfully submitted, Appraiser. k) ) Joel . Hiles Supervisor. ClickFORMS Appraisal Software 800-622-8727 EXHIBIT SINGLE-FAMILY COMPARABLE RENT SCHEDULE File No. 5903014 This form is intended to provide the appraiser with a familiar format to estimate the market rent of the subject property. Adjustments should be made only for items of significant difference between the comparables and the subject property. ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO.2 COMPARABLE NO.3 Address 604 Wingert Drive Mechanicsbur PA 17055 266 Hempt Road Mechanicsburg, PA 17050 29 N. Locust Point Road Mechanicsburg, PA 17050 424 Silver Spring Rdad Mechanicsburg, PA 17055 Proximity to Subject P" is 5.5 miles 5.1 miles 5.3 miles Date Lease Begins Date Lease Expires N/A N/A Annual Annual Annual Monthly Rental If Currently Rented $ 0 $ 825 $ 1,100 $ 1,095 Less: Utilities Furniture $ $ $ 0 $ $ 0 $ 0 $ Adjusted Monthly Rent $ 0 $ 825 $ 1,100 $ 1,095 Data Source Inspected Rental Agent Rental Agent Rental Agent RENT ADJUSTMENTS DESCRIPTION DESCRIPTION $Ad'ustment DESCRIPTION ?fl $Adjustment DESCRIPTION - $Ad' tmen Rent Concessions None Noted None Noted None Noted Location View Suburban Residential Suburban Residential Suburban Residential Suburban Residential Design Appeal Ranch Avera a Ranch Avers a 2 Story Avera a 2 Story Average Age Condition 41 yrs Avera a 109 yrs. Average +50 109 yrs. Avera a +50 34 yrs Avera e Above Grade Total Bdrm Baths Total Bdrm Baths Total Bdrms Baths Total Bdrm Baths Room Count 7 4 1.00 5 3 1.00 7 3 2.00 -50 7 4 2 50 75 Gross Living Area 1,704 Sq. R. 1 457 Ft +50 2 766 So. FL 200 . 2448 Sq. Ft. - 150 Other (e.g., basement, etc. J Full Basemen Finished Full Basement Finished Full Basement Unfinished +100 Full Basement Unfinished +100 Other: 2 Car Garage Pool. etc. 2 Car Garage None 2 Car Garage In round Pml -50 None None +50 NetA '. tote LL + $ 100 + X - $ -150 + X - $ -75 Indicated Monthly et= 12% et=-14%' ° et= -7 /o Market Rent II[Gross= 925 10ross= 41% $ 950 ipGross= 34% $ 1,020 Comments on market data, including the range of rents for single fanxly properties, an estimate of vacancy for single family rental properties, the general trend of rents and vacancy, and support for the above adjustments. (Rent concessions should be a4usted to the market, riot to the subject property.) Typical single family rentals in the market area range from $600 to $1,200 per month Although not ideal the rental comatorables are best available from the most reliable data. There is limited data for single family rental properties Information was obtained from a local rental agent, who indicated that upper end rental properties are often difficult to lease After reasonable adjustments the rental range for the subject is $925 to $1,020. Final Reconciliation of Market Rent: In the final reconciliation, the rental comparables are weighted equally. I (WE) ESTIMATE THE MONTHLY MARKET RENT OF THE SUBJECT AS OF 03110/09 TO BE $ 950 Appraiser(s) Supervisory Appraiser SIGNATURE SIGNATURE NAME Jcel . Hiles (If applicable) NAME Data Property rnspecled 03H 0/09 Report Signed 03118109 Date Property inspected Report Signed State Certification or License # RL003479L State PA State Certification or License # State Expiration Date of License or Certification 06/30/09 Expiration Date of License or Certification ---, , -- ,-- , -- - Iwo ) - KrummQ mWrarsar >omvare UUU-622-8727 Page 4/ 1 EXHIBIT Pbwedng CUNA Matwi A9or" 4001 Leadenhal)Road Mt. Laurel NJ 08054 August 17, 2007 Kenneth J Demartyn Melanie McCrae-Demartyn 1505 Grandview Ave Mechanicsburg PA 17055 Mortgage Loan NO.: 0032919375 Mortgagor Name(s): Kenneth J Demartyn Pt6perty Address : 604 Wingert Dr Mechanicsburg PA 17055 Dear Customer: Tel 8W785-3291 Fax 856-917-8300 Please be-advised that the above referenced account was paid in full on July 10, 2007. This letter is contingent upon all items applied at the time of payoff and prior being negotiable. The recorded release will be forwarded to'you once we are in receipt of the document. If you have any questions, please contact us at the phone number referenced above. Sincerely, Reconveyance Department Mortgage Service Center PF044 M13 Log in to MortgageQuestions com -your servicing websue connection. MELANIE A McCRAE DEMARTYN 60-W4/2313 21W5= 2450 O ?v0o??03-75 t DA-m a PAY TO ORD !! w... St G+ !? .? R/I Tel 800-785-3291 Fax 856-917-8300 1:23.1382A 3015839 CYOU r: 0032919375 3dress: :•t Dr T urg PA 17055 Dear Customer(s): Enclos d please find your check number 2450 dated 8-6-07, in the amoun of $1109.92.. This check is being returned for the following reason: Loan is paid in full (please provide new loan number if refinanced). Check damaged in mail Payee incorrect written amounts do not agree Your loan has been transferred to a new service provider. Other If you have any questions, please contact our Mortgage Service Center at the phone number referenced above or visit our website at www.mortgagequestions.com. Sincerely, Cash .-Management Department Mortgage Service Center IA207 Log in to MortgageQuestionxcom --your servicing website connection. loo? EXHIBIT ?e G? s? ? cz) r ? 1111 Z ' CERTI MAILING ADDRESS 054006 KENNETH J DEMARTYN 604 WINGERT DRIVE MECHANICSBURG PA 17055 1' 14i1 1 ?f ?a^6 it •, It ix r ? Ir ? { ?`?p . r,. t - ?L ?'WL ? S Al 11 ?{ 4 5 ?. y'e/y ?l11 . 459321S7 AMY DE F /o 711 LENT.,. 6 UV 7a ?DOAl:fJ.1L?5 ?- t ? p.Caglgi?,. ?` M R J O( n 20, days; unless the purchaser is a registered dealer holding the w FEDEAAL''ANOSTATELAW5REQUIRE TNAT'YAU ?STA[E.T1IF lLEAGEJN-CQNNEC710N WITH THE-TRANSFER OF OGyNER$HI FAILURE T R NG , xY',Yt1 11I1: 3 - >;70 COMPtETE?OR?PROV.IDMGFALSEsSTATEMENT'MA`Z RE$UCT'IN FINES:ANDlOR;IMPRISONMENTi s....zs n.'x :. n I < ?•, rtt r'"I ?" 'St *a- Re d deakl n < > C cVt . arts - mylstt olne fotftii ,? 7.(1-R MW 8: LAST FIRST ^M.1. $SS ?IW1 J 1T OFYT?T[ E as?Rqul?edbyta l? pwc6ase -136 R grate edde aTet; dt: A'`•R dam'?; _ -Sadiixld) oRfhe,Imn TgsJaYal`,must 6'e`COS(pk)e`duS • 2 7w ; -. PURCHASER OR FULL - - VINe certify, to the best of. my/our knowledge that the odometer reading is - BUSINESS NAME - S CO-PURCHASER - miles and reflects the actual mileage of the vehicle, - :unless one of the following boxes is checked: - STREET - r? Reflects the amount of mileage ? Is NOT the adual mileage ADDRESS - ' "n excess of its mechanical limits WARNING: Odometer discrepancy CITY ,I/? ar certify that the vehicle is free of any encumbrance and that ownership (S hereby PURCHASE PRICE Ve. alto -the person(s) or the dealer listed. STATE ZIP OR DIN - :SUBSCRIBED ANO SWORN - - -' TO BEFORE ME: - MO. DAY YEAR PURCHASER SIGNATURE SIGNATURE OF PERSON ADN STERelG OATH CO-PURCHASER SIGNATURE - PURCHASER AND/OR: - - CO-PURCHASER MUST HANDPRINT NAME HERE SIGNATURE OF SELLER - SIGNATURE OF CO-SELLER'. SELLER AND/OR 00-SEUER MUST ' : • .. '.. NDPRINT NAM NER :: ..: - .. ... L Jig &I IT113of cola III `f1Wa certify, to the best of my/ow knowledge that the odometer reading is, FIRST N M ,.. TEE S ; ^ EN?+ ? -lies and reflects thiactual mileage of the vehicle - PURCHASER.OR FULL unless one of the-following boxes is checked: -BUSINESS NAME El b Reflech-the amount of mileage NOT the acual mNsage x f i : ? i R CO-PURCHASER n e cess o : . ts mechanical limits. WA NING: Odometer discrepancy .. STREET :I/VYe furtFler certify that the vehicle o Inae of any encumbrancp and Out ownershlp is hereby - ADDRESS - 'trereferred to the person(s) or the dealer listed. CITY SUBSCRIBEDAND SWORN'' TO BEFORE ME: STATE PURCHASE PRICE zip MO. DAY YEAR OR DIN . .. ' SIGNATURE OF PERSON Aomm'dmAwa OATH - - PURCHASER SIGNATURE - . CO-PURCHASER SIGNATURE RO AND/ 'CO-PURCHASER MUST IIAN2?Mf NAME HERE ' - SIGNATURE GF SELLER SELL& MUST NANOMIjrTNAMEHERE- ' y i t F/11b dertlfy,, to tlp'lra'st oC!M knawbdgo dRel iM,°d4.tneHrisedinp la .. _ ' LAST- flRST' .. M..:.,i :. ? RTHS -flee and reflects thi ai;tuel -ibape.of the vehicle, PURCHASER OR FULL BUSINESS M - unfess one of the loAmNing boxes is checked: NA E .Reflects the amount of mileage M the?scfuel mlleaga - NOT . CO-PURCHASER . . s ? In excess of Its mechanical (knits '." ? ININANNG: Odometer d(apapency . . uWb'krfhareMUy ileYtfle'vshid® k free of airy ergimbrani and ihat ONTlmafmlp Whereby STREET ADDRESS. trarefertad lathe person(s) or the dealer fisted.. . - s .. ' CITY . SUf35CRI8ED AND SWORN. . 70 BEFORE 1AE: PU RCHASE PRICE <•:, . _ fAO. !MY YEAR STATE ZIP OR DIN SIGNATURE OF "DATH PUIIOHASER BxaNATRNRE - - OD-PURCHASER:SIGNATURE. . ?F?-PURCttASER'MU$T . .. _ ..- . SIGNATURE OF ER ELLE0.MUg? MANOPAWTNAkiE HERE , " t Vs'pePoy io tle,bast of my/' knov+fWpe_MN She ddihnrhaLr }sadkq El - - .., .. .. .; . ,. " ,.:LAST . _ - -' FIRST '. M4 ld d dfbd ' h d . - PURC ASER n as an r a t e m1ba mileage of this Whkdtl, ,inless"one of the khlbwinp taxis is dleekad;.. - H OR FULL 'BUSINESS NAMF,' . } • ?fietbots the aelotnt?ol mllesi .. isNOt-ft actualhill :.::.. ?- 'CO•PIMCHASER, .. . In exeess of Its mechanical limits - NNRNING: Odometer disorapency I]Y/i f(rther certify that the vehicle is free of any elwlm6ranca and that Owrmerafitp Is horeby, :ADDRESS . :.i "ferted. to. the'person(s) of the disi listed - SOBSCRIBEIJ AND SWORN. - CITY.. [) B£FCSRE fVf£: . • ::Sg17E : PURCHASE PRICE ZIP_ - MCY ' DAY. YEA ' _ OR DIN '. '.. ?.. A V - - SIONAEIRe OF PERSON DMNerE'RM OATH PURCHASER SIGNATURE CO-PURCHASER SIGNATURE - ANDI ? h CO-PURCHASER MUST T NAME HERE - ll - SIGNATURE OF SELLER , SELLERMUST - NANDPRNT-NAME"HERE a , r r rn r r Cif Z a DO O Z co fn d m C y m ?z O a F: co O 2 r Z m m m z n m" O TI r n Z 0 n m b O m rn 0 O a 0 z m O Z 4 P` EXHIBIT trnaster Date 2- y - ai_ CArLi5 c L 1-70L3 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the -new address or the name and street address (if a boxholder) for the fallowing: Name:.j?'1 ELitrJl? r?ti`•? ?c'/n,4?y.?l r Address: i7o NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance•with-39•CFRi265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.5(d)(1) and (2) and corresponding Administrative Support Manual 352.44a -and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): 1'???'?? - r„j ?e'S>1Gr4--lop. 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite. statutePl<r4yE .T'> G7? V? 'A_ _71 ;, r- /??s 3 The names of all known parties to the litigation: /Y1 CL,4.))E /l,.r,J P6r4A-P '. y,J 4. The court in which the case has been or will be heard 1.A" Z a wAJT 5. The docket or other identifying number if one has been issued: 7)06kc> p(o - 6 os / 6. The capacity in which this individual is to be served (e.g. defendant or witness): a2- . .. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION ^?•+-+ T+cc?tci i +?+*+? a nNG nF UP TO $10.000 OR IMPRISONMENT_ OR (2) TO AVOID PAYMENT OF 18 U.S.C. SECTION 1001). will be used solely for - Not known at address given. NAME and STREET ADDRESS ' Moved, left no forwarding address. No such address. on file_.__ffEW ADDRESS or FEB 1 10 `6 vsPS/ EXHIBIT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MELANI E A. DEMARTYN ) Docket Number 0 0 7 8 7 S 2006 Plaintiff ) vs. ) PACSES Case Number 430108607 KENNETH J. DEMARTYN ) Defendant ) Other State ID Number Order AND NOW to wit, this MAY 6, 2008 it is hereby Ordered that: PURSUANT TO AN AGREEMENT OF THE PARTIES, THE SPOUSAL SUPPORT IS AMENDED TO $1,055.00 PER MONTH, EFFECTIVE JULY 10, 2007 THROUGH DECEMBER 15, 2007 DUE TO THE MORTGAGE DEBT BEING PAID IN FULL. -EFFECTIVE DECEMBER 16, 2007, THE MONETARY AMOUNT OF SUPPORT IS SUSPENDED DUE TO THE DEFENDANT'S DISABILTY. THE ORDER IS SUSPENDED WITH A CREDIT OF $3,334.84. DEFENDANT IS TO MAINTAIN MEDICAL INSURANCE COVERAGE ON PLAINTIFF UNTIL THE DIVORCE IS FINAL OR FURTHER ORDER OF COURT. PLAINTIFF WILL MAKE DIRECT PAYMENT TO THE DEFENDANT FOR HER PORTION OF THE MEDICAL INSURANCE COST UNTIL THE DIVORCE IS FINAL OR FURTHER ORDER OF COURT. BY THE COURT: W?c E DGAR B. BAYLEY, JUDGE DRO: R.J. SHADDAY Form OE-520 Service Type M Worker ID 21005 Sent: Tuesday, March 04, 2008 3:30 PM To: Ryan, Angela S. Cc: 'Donna Knisely'; 'KENNETH DEMARTYN'; Shadday, R. J. Subject: RE: DeMartyn Thank you - are you again able to submit the printout? From: Ryan, Angela S. [mailto:Ange[aRyan@pacses.com) Sent: Tuesday, March 04, 2008 3:26 PM To: James Miller Cc: Donna Knisely; KENNETH DEMARTYN; Shadday, R. J. Subject: RE: DeMartyn There is currently $4050.02 on hold. The current case balance is $7585.47 including the current charge for March, 2008. Page 1 of 1 From: Shadday, R. J. [RShadday@pacses.com] Sent: Friday, April 11, 2008 11:42 AM To: James Miller Cc: dknisely@paonline.com Subject: RE: DEMARTYN V. DEMARTYN: C#430108607 SCDU has no way of issuing a check to an attorney. Mrs. DeMartyn can cash the check and give the cash to her attorney or the payments can be refunded to Mr. Demartyn and he can cash the check and his attorney the money. My assistant will be in touch with counsel's offices to reschedule this matter. Once it is scheduled, with counsel, there will be no further continuances. R.J. Shadday, DRO Cumberland County DRS www.ccpa.net/domesticrelations -----Original Message----- From: James Miller [mailto:James@paadaw.com] Sent: Friday, April 11, 2008 10:16 AM To: Shadday, R. J. Cc: dknislely@paonline.com Subject: RE: DEMARTYN V. DEMARTYN: C#430108607 Ricki - let's do this instead - issue the check to her lawyer and, schedule the modification petition - let me know asap. Thanks James A Miller Esquire Miller Lipsitt LLC 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 phone (717) 737 5355 fax Great Road Settlement Services LLC (717) 731 1040 phone (717) 763 5600 fax From: Shadday, R. J. [mailto:RShadday@pacses.com] Sent: Friday, April 11, 2008 9:31 AM To: James Miller Cc: dknislely@paonline.com Subject: DEMARTYN V. DEMARTYN: C#430108607 Jim: DRO will be releasing $4,321,56 (as of this date and time) to Mrs. DeMartyn on Monday, April 14, 2008 and dismissing Mr. DeMartyn's petition, without prejudice. There has been no action through the Domestic Relations Section since the filing of the petition on September 24, 2007 and DRO has had a HOLD on the payments since 10/26/07. The DRS gets penalized for non-collection on the accruing balance and not having disposition on pending petitions. DRO has tried to accommodate the parties in a possible settlement, however the last communication was in February and DRO can no longer hold the payments. R.J. Shadday, DRO Cumberland County DRS www.ccpa.net/domesticrelations file:/A\sbs2k3\company\CLIENTS\DeMartyn\Support\shadday releases RE DEMARTYN... 3/21/2009 EXHIBIT T r Send Inquires to: 5000 Louise Drive l? PO Box 40 1 Mechanicsburg, PA 17055 www.memberslst.org Z? Main Switchboard: (717) 697-1161 or (800) 283-2328 EZ Call: (717) 697.4372 or (800) 283-4372 1 TDO: (717) 697-5312 or (800) 283-2328 ext. 5312 TeleBranch: (717) 795-6049 or (800) 237-7288 MEMBERS 111 FEDERAL CREDIT UNION 17066 1 AV 0.312 34131-17066 MELANIE A M DEMARTYN 220 CUMBERLAND PARKWAY MECHANICSBURG PA 17055 Statement of Accountt Aug 25, 2007 thru Sep 24, 2007 Account Number: Aft Account Balances at a Glance : Checking: 2,308.87 Savings: 14, 667.93 Certificates : 0.00 Loans: 0.00 Money Management: 4,783.08 Page : 1 of 2 Your current Member Loyalty Reward level is Gold At Members 1st your security is our top priority. Please read'tFie enclosed insert for more defafls. -- - - CHECKING ACCOUNTS 1 -CHECKING Oats Transaction Description Additions Subbmfions - Balance Aug 25 Barance Foimrd 610.24 Aug. 28 Check 001029 Tracer 0828000221 9.06- 601.18. Aug 30 Check 00103 0. Tracer 1460777961 31.637 569.55 . Point of Purchase Check - WAL-MART 7 EGA Terminal City $ State -. MECH PA . TYPE: PURCHASE .ID;. 9037011886 DATA: 7ELECHK 8007697-9263 Sep.04 Check 001031 Tracer 0026885702 47.93- 521.62.' . Processed Check - VZ WIRELESS ARC TYPE:. ARC : ID: 2005091202: - Sep 05- Check 001032 Tracer 0020043976 48.207 473.42 .. Processed. Check` - VERIZON ARC TYPE:. CHECK PYMT ID: 2005022221 _".... Sep __ --- - - 6eposif byFe c :.... - " 255 i36 - 2-r---- _.? - _TL4 Sep 11 Deposit by Check 1,390.00 2„118.42 Sep. 17. Check 001.034. Tracer 0917011635 22.82- 2,095:60.:: Sep .19 : Deposit by Cheek 270.00 2365.60 Sep 21 Check 001036 Tracer 0921001169 Sep 21... . Check 001035 Tracer 092.1001973 47.67 2 Sep 24 ::. Endng BahOce 2308.87 CHECK SUMMARY Check # : ... Amount Date Check # ` Antotint Date 001029: 9.06: Aug;:;28 001034` _ 22.82: Sep 17,' 001.030. 31:f Aug `30 :.: . :001035: 47 67 : _..:. Sep. ?1: ... 001031. 47:93 Sep04 -;: 001036. 9.06 Sep 21 001032 . 48.20: Sep 05 Asth*k next to number iidlhates S49 a7 nwnber sequence 7.Checks Cbved . for 216.37 1 F. 3t Send Inquires to: Main Switchtloard (717) 697-1161 or (800) 283-2328 y4- 5000 Louise Drive PO Box 40 EZ Call: (717) 697-4372 or (800) 283-4372 k; TDD: (717) 697-5312 or (800) 283-2328 ext. 5312 34132-17066 MEMBERS 11 Mechanicsburg, PA 17055 TeleBranch: (717) 795-6049 or (800) 237-7288 .? .u.....? www.membersistorg SAVINGS ACCOUNTS 00 REGULAR SAVINGS Aug 25, 2007 thru Sep 24, 2007 Account Number: QW13 Page: 2 of 2 gate. i1alwa-lw,i Lc 11_- 68 .-- 13 410 '--' AV9 25 Balance Forward Aug 28 Deposit ACH PA-SCDU 311.54 , . 13,722.22 -?- TYPE: CHLD SUPPT ID: 1236003113 CO:. PA-SCDU 11 09 13,733.31 Aug 31 Deposit Dividend 1.000°/o . D Annual Percentage Yreld Eamed 1.0W9b from 08/01/2007 dbrough 0813112007 ---- Sep 05 Deposit ACH PA-SCDU 311.54 14,044.85 ?w TYPE: CHLD SUPPT ID: 1236003113 CO: PA-SCDU 54 311 14,356.39 Sep 11 Deposit ACH PA-SCDU . TYPE: CHLD SUPPT ID: 1236003113 CO: PA-SCDU 311 54 14,667.93 Sep 18 Deposit ACH PA-SCDU . TYPE: CHLD SUPPT ID: ' 1236003113 CO: PA-SCDU 14.667.93 Balance Sep 24 End 05 - MONEY MANAGEMENT Date Transaction Description Additions Subtractions Balance 4,310.78 Aug 2S Balance Fotwwrf 30 7 4,318.08 Aug 31 Deposit Dividend Tiered Rate . . Annual Percentage Yield Earned Zoom from 0810112007 through 0813112007 Sep,04 Deposit by Check 430.00 20 00- 4,748.08. 4,728.08 Sep 06 Withdrawal. . 20.00- . 4,708.08 Sep 06 Withdrawal 00 75 4,783.08 Sep 12: Deposit by Check . .783.08 4 Sep 24 : .:.Fxd q Balance , YTD SUMMARIES TOTAL DIVIDENDS PAID 00 REGULAR SAVINGS .55.30 05 MONEY MANAGEMENT 44.21 11 CHECKING 0.00 Total Year To Date Dividends Paid 99.51 NOTE: Total includes closed shares Add Your Photo For Security - Your personal safety anTin-inc al secun'ty are-top nPorities a em ers s s a resuff-d - increased scams and. fraudulent activity throughout the entire country, we are strongly. encouraging members to. have their photos added to their account records. When visaing our branch offices; you may be asked by one of our Associates to aUoW us to take your photo. This member identification program will asset in our fraud deterrence initiatives and will take our identity :theft prevention program to the next level., We are experiencing an increasing, number of attempted. fraudulent activities and as. a result, we need to tie able to verify your identity immediately upon retrieving your account information. In addition to having your photo in our files, you may- be required to show additional forms of identification based on the type of transaction you are seeking. This is for your protection and security and we appreciate your ongoing cooperation and understanding. •Sj r MEMBERS 1st FEDERAL CREDIT UNION Send Inquires to: 5000 Louise Drive PO Box 40 Mechanicsburg, PA 17055 www.membersist.org Maln Switchboard: (717) 697-1161 or. (800) 283-2328 EZ gall: (717) 697-4372 or (800) 283-4372 TDD: _ (717) 697-5312 or (800) 283-2328 ext. 5312 TeleBranch: . (717) 795-6049 or (800) 237-7288 11553 1 AV 0.312 23105-11553 1...111111l11111I1111111111111111111111l11111r111r111111r11111 MELANIE A M DEMARTYN 220 CUMBERLAND PARKWAY MECHANICSBURG PA 17055 Statement of Accounts Oct 25, 2007 thru Nov 24, 2007 Account Number: W13 Account Balances at a Glance : Checking: 953.47 -?. Savings: 327.42 Certificates: 0.00 Loans: 0.00 Money Management: 24,446.12 Page : 1 of 2 Your current Member Loyalty Reward level is Gold We have the perfect gift for anyone on your gift list! See the enclosed gift-card insert for-more details: -- CHECKING ACCOUNTS 4 -1 -CHECKING vate Transaction DeSClIRtion Additions Subtractions Balance Oct 2s Ha wwe Forward 1,122.04 Oct 30 Check 001049 Tracer 0001287898 150.00- '972.04 Nov 01. .. Check 001046 Tracer 0001052775. -125.00 847.04 Nov. 05 . . Check 001050. Tracer, 0020485715 47.44- 799.60 Processed. Check :7: VZ WIRELESS ARC. TYPE: ARC.. ID: 2005091202 . Nov. 06.. Check 001051 Tracer. 0001132653. 81.93-. 717.67.. . Nov. 08 Check 001052 .Tracer '0001184393 114.257 : 603.42 Nov 13. Check-.001053 Tracer 0001093791. 28.18-: 575.24 Nov.13 . : Check .001054 Tracer 0001264562 529.91 Nov. Is. Check 001055 Tracer 0028105202 53:09-. 476.82 Processed.Check. = VERIZON ARC T'YPE:-CHECK•:PYMT--'-.:..lD: Nov 16 Check 001056 Tracer 0001220830 13:77- 463.05. Nov. 20. ::.Check holm. Tracer: 0124327454 10.68- :.452.37: Processed -Check - UGI UTILITIES TYPE:' -U.TIL PMT ID: 231174060 Nov: 20 Check 001W- Tracer 0001127055 4.90- 447:47 . Nov 21, . Deposit.:by. Check :. 1,000.00. 1,44:47.. Nov 21. Withdrawal.... 100.00= 1,347.47:..: Nov. 2t Check 00104T Tracer. 0001123721 5Q.'W- 1297..47 Nov 21 =.. Check . 001059.: Tracer 0001/19873 344...00= 953.47 . Nov 24 ..: Fn&V Balance 953.47 C HECK SUMMA C66V # Amount Date Check # Amount Date 001046`-. . : 1400 _ .::. Nov: 01. 001053::. .: . 28.18..-.' Nov 13. M1047: 50.00:: Nov .21 001054 45.33 .Nov 13 { )49*..: 150 00 Oct: 30. 001055 .. 53,09 Noy .16 1,,,1050. 7 44 ,.. _ Nov .05. .4 001056 13.77 Nov.16:- 001051 81.93 Nov 06 001057, 4. 90 -: Nov 20 001052... 1.14.25 Nov 08. 001058 10.68 Nov 20: c s M, Send Inquires lo: 6000 t auks Drive Mato Switchboard: (717) 697 1161 or (800) 283-2328 z -; K l-' PO Box 40 EZCall: (717) 697-4372 or (800) 2834372 Oct 25, 2007 thru Nov 24, 2007 - ° Mechanicsburg, PA 17055 TDD: (717) 697-5312 or (800) 283-2328 ext. 5312 43166-11653 Account Number: 213 40 hlfhlBERS 1' ,m,...?,?.. wwW.memberslst.org TeleBranch: (717) 795-6049 or (800) 237-7288 Page: 2 of 2 "P1059 .344.00 Nov 21 Aste>sk next to number mdreates slap in number sequence 13 Checks Cleared for 1, 068.57 ,,.. SAVINGS ACCOUNTS -^ 00 - REGULAR SAVINGS ?-' _, Date Transaction Description Additions Subtractions Balance Oct 25 BaW ae Forward 327.15 Oct 31 Deposit Dividend 1.000% 0.27 327.42 Annual Percentage YMY Eamed 1.010% fram 1010112007 fmugh 1013112007 '-" Nov 24 Endng Balance 327.42 05 - MONEY MANAGEMENT *-• "dditio,v-r--?abfrdctiert»..--;ar... - _?_..._ . -Date - __ ...__ .-•-Transaction-Bessr>e?.,r;----- - -- -• - - - -- ?_ . Oct.25 Balance Forward 21, 237.67 Oct 26 Deposit by Check 830.00 22,067.67 Oct 31 Deposit Dividend Tiered Rate 35.31 22,102.98 Annual Penentage. Yield Eamed 2.OOr7% from 1010112007 through 1013112007 Nov 21 Deposit..by Check 2,343.14 24,446.12 Nov 24 _ End%7g Balance 24.446.12 YTD SUMMARIES TOTAL .DIVIDENDS PAID 00 REGULARSAVINGS 66.18 05 MONEY MANAGEMENT 89.64 11 CHECKING 0.00 Total Year To Date Dividends Paid 155.82 NOTE: Total includes closed' shares Add Your. Photo` For Security Your personal safety and financial security are. top priorities at Members.1 st. As a result. of increased scams and fraudulent activity throughout the entire country, we are strongly. encoura ing members to have their photos added to•their account.records..Wh.en visiting our branch. offices, you may, be asked by one'.*of our Associates to allow. us to take your photo : This member identification program will assist in our fraud deterrence initiatives and. will-take our' identity theft p: e?;entiesn rdgram to the-nekt-lave#: Ve pare ?xpe;°i?e -wwwreashwriumber of attempted. fraudulent activities and as a.Yesult, we need to be. able to venfy'you.r identity immediately upon retrieving your account information. In addition to having your photo in our files, you -may be required to show additional forms of identification based on the type of transaction you are seeking. This is for your protection and security and we appreciate your ongoing cooperation and understanding. . EXHIBIT JAMES R. CLIPPINGER CHARLES J. DEHART, III JAMES D. CAMPBELL, JR. JAMES L. GOLDSMITH P. DANIEL ALTLAND JEFFREY T. McGUIRE- STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY J. MICHALOWSKI DOUGLAS L.CASSEL 'BOARD CERTIFIED CIVIL TRIAL ADVOCATE CALDWELL & KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 Via Fax 774-7059 Barbara Sumple-Sullivan,'Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Re: DeMartyn Dear Barbara: September 29, 2006 OF COUNSEL RICHARD L. KEARNS CARL G. WASS THOMAS D. CALDWELL. JR. 11928 - 20011 717-232-7661 FAX: 717-232-2766 thefirm0cakiwellkeams.com Enclosed wherewith are documents which indicate the source of funds which Ken placed into his BELCO Credit Union account and from which he has made the expenditures for his home purchase. They are identified by handwritten letters "A-G". A. Two BELCO slips showing the redemption of savings bonds on July 29, 2006 ($4,901.40 and.$7,624.40). B. BELCO account showing deposit on July 29, 2006 of bond redemption funds, and, showing the withdrawal of the $5,000 used for the down payment. C. From his Fidelity account, Ken withdrew on July 6, 2006 $8,718.59---that amount shows as a deposit to his BELCO account on July 11, 2006 (Item B). D. On August 8, 2006, Ken withdrew from his ROTH IRA the sum of $22,759.96. E. Ken failed to bring with him a copy of his "account register" for the period between July 31 and August 18, 2006 (because his wife has his hard drive), but he did provide me with a copy of the account register for the period August `18, 2006 through September 22, 2006 which he had provided to- Rick Bauder at -Fulton Bank. This shows a dramatic increase from document B to document E (new figure $43,024.18). F. Shows BELCO account withdrawal yesterday for settlement today. G. The list of what Ken desires to remove from the home. He recognizes that the first item may be a problem; however, as a result of his injury and semi- disability, he must sleep upon a special mattress, and the mattress only fits this particular bed. Hopefully, we can value this and work out the value as we progress with discussions toward equitable distribution. Can you fax me, and later send me a hardcopy the Spousal Waiver. Very truly yours, Carl G. Wass Caldwell & Kearns CGW:th cc: Kenneth DeMarytn 107062 n `r. G } X rJ r co a O ':S l• A LO T p m nJ rl p14 un - V '.J A :5 Id 4 a a 00 0 N '4 O c: yr A r m m r a ovaa2+ _; ? U a ko W r Ln N O '0 G a u >riro? >, s + aJ pi o r4 a 13 Aa p H r a -0 a a E. G7 E r tY r! p H m m a ?+ A E 5 ! cr. m O h O L:7 y J rr A C - C L? L_) H r-1 ;li W T C N G J r! N Ln 'i N L7 -! ar O O cp N (?? j .? p 41 ar rn yr to to. sc il H o a [n i ` ?L o 00 W O M 40 O 4i u 0 [ r4, 7$ 0 > CJ1 r F? ? ? + a f 7+ A ',7 'r m A CD ' 1 F! ni N W a x O II U b m b ?+ e J m qIIq N ? m 0 R m m V tL m in r. 14 o Id b H } m m O W 44 V b JJ •A N 4) 3 v m ? N A A AO A `?.[ h W d U ul O M O m w 0 A H N N .l to O O _ , , z -:. , -.& !R• ra ta. <& m• *r U E n to m A C t r ? v N tf ?7, a 0 c 3 H M j54 4 0 - N .-1 SI .? rPi o co H O [ u cUU o r o r! ! to . VT q ri m a a o G 0 7 +ti 'O '? ca O 0 a1 h 0 ® a a r . a 40'. A -o G? b r•! ,C c L CI y 9 m rr J.) B +a x m z . w a .0 o to ? :c ro r fu (D E E D O i-! J p m Ea _ m co .i r-i y H 7 O q 3 N T N Z H - L 0 o o C O A J-7 O E \ f-i ?j n •[ •1-' rl N L^J ra N Lo r4 O O 01 J {1 01 F. J.? yr +c tr} @ tA• & f? U E CJ .Z N 2S ? a Zz ? a U 4, •1 ? it o ??7 ?" r r1 r O s7 O w c. N J ?J . C O L*! r .•, .a. `s+ Cy u, to VJ'C c?a ? 0 W O z z m ? 7 a 1J N a O b v ? ® m C m a) jyj n m o A m > $ W 'O 1J b 3 n w O o O O .? J.J .0 !-I a m 0 - W b ?ri tJ O O 0 a m H N Lo *-i N Ln rl' O O A A A Z X W Q U ca m E z z x yr er rrr ar cr r +`r 0 H H i W t O ^ t 9 1 a J J ! 3 ! t J ! ! J 1 1 t 1 1 1 ! 1 1 ! 1 t r! W O rt m to N N BELCO 14lccOl.I-)t Trarrsfer s dills Maintenance LCcabo tS Rate-- F0- ans , Lirt :s Lf Wes' + PV14t a?. Page 1 of 1 Cut Your Cards and Your Expenses. Through 91301% earn 1 °h back on balances t>c ansierred to a Belrn Visa Card, with one low rate for purchases bnd cash advances. Ask us how your could win a $1,000 credit on your Belco Visa! Account Regester KENNETH J. DEMARTYN (No. """620) Another account: S1 -SAVINGS (S 1) Another month: July 2006 -` r t Mos Recent First S9 - SAVINGS (s 11 July, 2006 Check No. Transaction Description Date • Amount Endlrg Balance 0781/06 DIVIDEND 1.00 0607010607311 00 D . 1334297 11.33 $23,527.46 07/29/06 REDEEM BOND BOND REDEEM 4,901.40 S23,516.13 07/29/(16 REDEEM BOND BOND REDEEM 7,624.40 S18.614.73 07/28/06 PREAUTHORiZ,ED AUTO TRANSFER XFR TOS4 -500.00 $10,990.33 4230397860 07/28/06 DIRECT DEPOSIT VERIZON B8 DIR DEP 620.66 $11 490 33 OTHER 07/26/06 WITHDRAWAL -5,000.00 , . $10,869.67 07/21/06 PREAUTHORIZED AUTO TRANSFER XFR TO S 4 -500.00 $15,869.67 W430028541 07/21/06 ATM WITHDRAWAL 333 HEINZ ST -200.00 $16 369 67 MECHANICSBURG PA , . 4230397860 07/21/06 DIRECT DEPOSIT VERILON B8 DIR DEP 620.66 $16,569.67 (7/14/06 PREAUT13ORIZED AUTO TRANSFER XFR .500.00 $15 949.01 TOS4 , 4230397860 07/14106 DIRECT DEPOSIT VERIZON B8 DIR DEP 620.66 $16,449.01 07/11/06 WITHDRAWAL -100.00 S15,829.35 07/11/06: PAYMENT VIAOFFiCE/MAIL 8,118.59 $15,928.35 W430024666 07/08/06 ATM WITHDRAWAL 333 HEINZ ST -100.00 $ 7 209.76 MECHANICSBURG PA , 07/07/06 REAUTHORIZED AUTO TRANSFER XFR -500.00 $ 7,309.76 TOS4 4230397860 07/07/06 DIRECT DEPOSIT VERIZON B8 DIR DEP 686.64 $ 7,809.76 W430021999 07/03/06 ATM WITHDRAWAL 333 HEINZ ST -100.00 $ 7,123.12 MECHANICSBURG PA httDS://www.belco-nnllnP nro,/FramaT)icn1aN, - ACC4 unts : Traci = =o <rc :; , Account: INDIVIDUAL (X47244805) ! ;. i}??_r,_c__ nls F,c?cunt Time Period: NOW" Sort by: Date -? 1 Ascending 0 Descending Display j - Display settlements in core- zcco_?nt 60 Day Transaction History L/LUUO DIVIDEND RECEIVED - As of 08/08/2006, 3:30arn ?_EX FIDELITY MUNICIPAL MONEY MARKET Cash 07/06/2006 Check Paid # CHECK PAID . Amount: $0.87 No Description Cash J7/05/2006 YOU SOLD Amount: -$8,718.59 PSPE}( US GLOBAL RESOURCES ash Shares: -418 347 06/30/2006 Cash 06/30/2006 Cash Pnce: $17.36 Amount: $7,187.50 Comm: $75,00 Settlement Date: 0710612006 DIVIDEND RECEIVED F TI EXX FIDELITY MUNICIPAL MONEY MARKET Amount: $4.09 REINVESTMENT FTEXX FIDELITY MUNICIPAL MONEY-MARKET Shares: +4:090 Price: $1.00 Amount: -$4.09 Listed above is the most recent 60 day account history. For account history prior to what can be displayed here, please check your account staternzn-ts or call a Fidelity Representative at 1-800-544- 6666. Access your cost basis and gain/loss information for all your securities by clicking here Page 1 of I History."ri i-I p, htWs://webXDreSS.11delitV C(]T71I 0W/W P.?IXTITP.CCIar /mint laic+.?r., 1,r,.Lo, , .<./ 0 10 innni Accounts & Trade > f;prt g1.i0 > Withdraw from Your IRA: Confirmation Thank you. Your transaction has been placed and received by Fidelity. Please print this confirmation for your records. If you have any questions or would like to cancel this request, contact a Fidelity representative at 800-544- 6666. You are responsible for all federal, state, and local taxes, as well as estimated tax payments and penalties, if any. IRS requires tax withholding at 10% (excluding Roth IRAs) unless you elect otherwise. Withdrawals before age 591/2 may be subjected to 10% penalty. Withdrawal Information FROM Account ROTH IRA (111C1V027) Action Withdraw cash from IRA and send the cash proceeds by check Date 08/08/2006 Tax Filing State PA Withdrawal Amount $22,759.96 Federal Tax Withholding $0.00 (0.00%) State Tax Withhoiding $0.00 Net Amount $22,759.96 Withdrawal Type Early ro Account KENNETHI DEMARTYN 604 WINGERT DR MECHANICSBURG, PA 17055-5850 Next Steps Want to be updated on the status of your account transaction? Set up aler`Ls on your accounts. Syn us to-stop eiv' _reciogpaper statements and receive e- mail reminders of when they are available online. Want to see other ways to deposit and.., withdraw money from your account? Return to Portfolio. ri°lp(G95S?a Pr nt https-.//moneymovement.fidelity.com/ftgw/fbc/mm/mmDisplraWithdrawConfirm 8/8/2006 Account Register Account Register KENNETH J. DEMARTYN (No ***620) l(_??I Another account: S1 - SAVINGS (S 1) Another month: Recent Transact 7 (v Most Recent First S1 - SAVINGS (S 1) Recent Transact Check No. Effective Date Transaction Description Amount Ending Balance 09/22/06 PREAUTHORIZED AUTO TRANSFER -500.00 $ 44.417.74 XFR TO S 4 4230397860 09/22/06 DIRECT DEPOSIT VERIZON B8 DIR 755.48 $ 44.917.74 DEP 09/15/06 PREAUTHORIZED AUTO TRANSFER -500.00 $ 44,162.26 XFRTOS4 4230397860 09/15/06 DIRECT DEPOSIT VERIZON B8 DIR 809.00 $ 44,662.26 DEP k 09108/06 PREAUTHORIZED AUTO TRANSFER -500.00 $ 43,853.26 XFR TO S4 4230397860 09/08/06 DIRECT DEPOSIT VERIZON B8 DIR 809.00 $ 44,353.26 DEP W430024343 09/03/06 ATM INQUIRY FEE 333 HEINZ ST 0.00 $ 43,544.26 MECHANICSBURG PA; $0.25 Fee/Mis 09/01/06 PREAUTHORIZED AUTO TRANSFER -500.00 $ 43,544.51 XFRTOS4 08/31/06 DIVIDEND 1.00 060801 060831 1.00 D 27.98 $ 44,044.51 32946.43 4230397860 08/31/06 DIRECT DEPOSIT VERIZON B8 DIR 807.76 $ 44,016.53 DEP 08/25/06 PREAUTHORIZED AUTO TRANSFER -500.00 $ 43,208.77 XFR TO S 4 4230397860 08/25/06 DIRECT DEPOSIT VERIZON B8 DIR 784.59 $ 43,708.77 DEP W430021470 08/23/06 ATM WITHDRAWAL 333 HEINZ ST. -100.00 $ 42,924.18 MECHANICSBURG PA 08/18/06 PREAUTHORIZED AUTO TRANSFER -500.00 $ 43,024.18 XFR TO S 4 https://www.belco-oniine.org/register.aspx age Rick v 9/28/2006 r gg? °e B 0 p ca m r n „ O °w n =z O W N C D v ra n W <° w c' O mD T -< b r ? ? n M nv 00' mm x 0 N C z O z i C n m C) D O c z --! r - m U) cn c -i z n m o: m, co z; 0 !.z.€ m D z D n O z m'. rn - r z; W DTZ z_5 m Y' m D pel O ' z C ? b4a way %W. 2- ? ?- 2 AvrJ/u i 2 I A4 ?,?7/fn ,/ AAA f w MIA? 17 44AO / G vl- YA) EXHIBIT / d ARTICLES OF AGREEMENT THIS AGREEMENT, made thi4-day of ? 198(p by i;nd betwc-"n Robert L. Lambert and Amelia R. Lambert, his wife, parties of the first part, hereinafter called Vendor and Kenneth J. DeMartyn, single man, party of the second part, hereinafter called Vendee. WITNESSETH: The parties hereto intending to be legally bound hereby, promi.,e, decl..re and 'agree as follows: Vendor agrees to sell and convey to Vendee and Vendee agrees to purchase all of the real estate set forth and described on Exhibit "A" attached hereto and mad,- part hereof by reference for the purchase price of $52,000.00 with $4,000.00 being paid at the time hereof, receipt whereof is hereby acknowledged, wiih the unpaid balance of $4$,000.00 with interest thereon at the rate of 9 1124M per annum, PROVIDED NEVERTHELESS, said principal sum and interest shall be p=id in monthly payments of at least $ 447..42 each, commencing o*e dm?r-°fre,peeX --- and "thereafter on the same day of each and every month until th%-, unpaid balance is paid in full. Upon the payment of the said purchase price, Vendor will at the law office of L, Robert E. Myers, 100 York Road,-flew Cumberland, Pennsylvania, make, execute and deliver to Vendee a good and sufficient deed for the property conveying and assuring of the said premises in fee simple free and clear from .il encumbrances, liens and dower or right of dower, said -conveyance to contain the usual covenant of General Warranty except for recorded residential restrictions, utility easements and any other items of record in the County Court house which do not unreasonably interfere with the intended use of the premises. The title to said premises shall be record title, good and marketable as aforesaid, for at least 60 years. The hale includes whatever electric, heating air conditioners, plumbing fixtures, systems and equipment and all other fixtures permanently affixed o attached to the premises, existing trees and shrubbery, stove, existing storm units and the following items: Y chen stove, wall air conditioners, refrigerator, washer and dryer and two fidow air conditioners Property taxes and all other items involving the premises that are capable of becoming a lien on the premises on failure to make payment thereof shall be pro- rated as of the day of settlement. Township and County taxes to be pro-rated on a calendar year basis and school taxes to be pro-rated on the basis of fiscal year July 1 and June 30 of the following year. All realtv-transfer taxes in effect at the time of settlement and levied by the Commonwealth of Pennsylvania or any political subdivision thereof shall be paid equally one-half by Vendor and one-half by Vend2e. Vendor represents and warrants that: (a) No notice from any governmental authority has been issued or served upon the premises or any occupant thereof or upon Vendor or Vendor's agent. calling attention to any.violation of any building, fire, safety or other ordinances or requiring or calling attention to the need for any curbing, recuibing, paving, repaving or other construction or improvements on or about the premises or removal of any nuisance'therefroin. (b) No municipal or other governmental improvements affecting the premises are as to the date hereof in the course of construction 3. installation and to the best of Vendor's knowledge no such improvements have been ordered to be made. (c) ALl street paving, curbing and other municipal or other governmental improvements which have been constructed or installed have been paid for and will not hereafter be assessed and all assessments heretofore made have been paid in. full. (d) All buildings and improvements involved in the above premises are located and situate totally and not partially within the boundary lines of the above described premises and in the event any of the buildings involved in the said premises do extend beyond the property lines or violate any set-back restrictions, then Vendee shall have the option of accepting the title to the premises subject to this condition or terminating this Agreement and hav., refunded to Vendee the aforesaid down payment. Rii of loss or damage to the premises from fires storm_.or z?auses' shall be liabi i Vendor; in the event .such loss do cur which cannot be reasonably be correc ithin thi"rty (30 ys from the date thereof then this Agreeme_n_t--shall be- 1--arrd nd dawn payment refunded to Vendee unless Vendee is wil g at ndee a cept the premises as damaged and have subr d Vendee all Vendor terms '-I existing insurance policies, all J La. y-ance information on premises to be -el-i- e by V?nd-o.r to Vendee on d dnd. The signing of this Agreement by both the Vendee and the Vendor shall place the terms hereof into effect despite the failure of either or both parties to notify the other of their or its acceptance of this Agreement. This Agreement contains the whole agreement between the parties and there are no ocher terms, obligations, covenants, representations, statements or conditions oral or otherwise of any kind whatsoever and it may not be altered, amended or modified other than in writing executed by the parties hereto and shall be binding upon the parties hereto, their heirs, successors and assigns. All payments, notices and documents required by this Agreement shall be sufficiently delivered if mailed.by certified mail postage prepaid, retu n receipt requested or if personally delivered to one of the parties to this Agreement as follows; `(a) Vendor addressed as follows: (b) Vendee addressed as follows: V Vendee warrants that no broker was instrumental or involved in any way in negotiating this transaction except for the following: Vendee shall have the option to have the premises inspected for termites and similar infestations before settlement so long as same is done in ample time no as not to prevent settlement and in the event there is any active infestation of the premises at the time thereof, then this infestation shall be treated and arrested at the expense of Vendor. Wherever used herein the singular number shall include the plural and the plural shall include the singular and the use of any gender shall include all genders and the words Vendor and Vendee wherever used shall include their heirs, executors, administrators,.successors and assigns except where otherwise herein provided. If this instrument is executed by more than one person or corporation the obligations, responsibilities and liabilities of the parties shall be both joint and several. Time is of the essence in this Agreement. Vendee agrees to pay before penalty date all taxes levied upon the said premises from and after the date hereof and to keep the building thereon insured for fire, storm and casualty coverage with any company licensed to do business in Pennsylvania in the amount of at least :$52,000.00 payable to the parties hereto as their interest may appear and to pay all charges for sewer, water, electric, etc., when billed by any governmental authority. Possession of the said premises is hereby delivered at the time hereof by Vendor to Vendee. Vendee .5hall maintain all buildings and improvements on the said premises in good and substantial repair and the Vendor on 24 hours advance notice shall have the right to enter upon the said premises at any reasonable hour for the purpose of inspecting the order, condition, and repair of the buildings and improvements erected thereof; the Vendee shall not remove any part of the building or make any major alterations without first receiving the written consent of the Vendor. Vendee shall comply with all housing code standards, fire, safety, or other governmental ordinances, requirements or regulations now in effect or hereafter enacted that involve said premises and shall promptly pay any and all assessments or other charges levied against the said premises by any governmental body. Vendor shall not declare this Agreement in default before first giving thirty days written notice stating the default relied upon with Vendee to have the right to prevent the Agreement being in default by correcting the default within thirty-days from the mailing date of the said notice, provided however such notice as to monthly payments is_required one time each calendar year. I Vendee shall have the right of pre-payment without penalty. t Taxes and lienable utilities have been prorated as of the date hereof. It is agreed that Vendee shall pay Vendor a late charge of 4% of any monthly payment not received by Vendor within fifteen (15) days after the monthly payment is due. In the event fire or storm damages to the premises should occur, all monies received therefor from any insurance company shall be applied first to reasonable repair of said damages and monies in excess thereof to be paid to Vendor to be applied to the unpaid purchase price to the extent thereof. In the event that any defects exist that would not make the title of the premises good and marketable as herein provided, Vendor shall have a reasonable time to correct same after being apprised thereof by the Vendee. Vendee shall present to Vendor the paid tax receipts or a photocopy thereof on or before the first day of December of each year and shall pay any and all other items or utilities that are lienable against the title to the premises herein described within 90 days from the time that all such bills are issued by the billing authorities; Vendor to promptly forward to Vendee all tax bills received. Vendees shall have the option to have the premises tested for the presence of Radon Gas within 90 days from the date hereof and in the event Radon Gas is present in an amount considered unsafe for human habitation pursuant to current standards and in such event Vendor shall make whatever corrections necessary to bring the premises within safe standard for human habitation for Radon Gas within a reasonable time or Vendee shall have the option of terminating this Agreement and to have refunded all the monies paid on account less reasonable rental value of-the premises. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. (SEAL) Robert L. La Bert L?•LGt?GG? (SEAL) Amelia R. Lambert qt;FIWFK ? SEAL) Kenneth J. De;t ty STATE. OF PENNSYLVANIA COUNTY OF SS On this, the 6 day of 1976 personally appeared before me, the undersigned officer, who, after being duly sworn according to law, did depose and say that Robert L. Lambert and Amelia R. Lambert, his wife, executed the foregoing Agreement for the purposes therein set forth. IN WITNESS WHEREOF, MY Commission Expires: STATE OF PENNSYLVANIA / SS. COUNTY OF JEAN M. FREDERICK, Notary Public My Commission Expires March 13,1989 Camp Hill Cumberland County, Pa On this, thdW/ day of Lz?l? ?l before me, the undersigned officer, who, after 9being duly hsworn laccorrdingdt.o law, did depose and say that Kenneth J. DeMartyn, single man, executed the foregoing Agreement for the purposes therein set forth. I IN UTTNESS WHEREOF, I hereunt L) 11Y Commission Expires: I hereunto set my hand a ssea1,, (SEAL) No ary Public) JEAN M. FREDERICK, Notary Pubk MY Commission Expires March L% IM Camp Hill Cumberland County P% I A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN SETTLEMENT STATEMENT / 17JAC K .REALTOR REALTORe' 1. ? FHA 2. ? FMHA 3. ? COW. UNINS. 4. ? VA 5. ? CONV. INS: 6. O CASH .. Main' OMIeed3800 Market Street. P.O. Boa sea 17011 HIII Pa Cam 6. FILE NUMBER: 7. LOAN NUMBER: . . p 717>7e1-4000 8. MORT. INS. CASE NO.: C. NOTE: This form Is furnished to give you a statement of actual settlement costs: Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)' were paid outside the closing; they are shown here for Informational purposes and are not Included In the totals. D. NAME OF BORROWER: Kenneth J. DeMartyn E. NAME OF SELLER: Robert L. and Amelia L. Lambert F. NAME OF LENDER: Installment Sales Agreement G. PROPERTY LOCATION: 31- Heidi, Terrace---- ° - - H. SETTLEMENT AGENT: Jack GaUgjibn-Realtor I. SETTLEMENT DATE: _DecembeT 30,: 1986 -Camp' Hill,--PA PLACE OF SETTLEMENT: Robert-E: Myers, Esquire New Cumberland, PA 3c45 . J. SUMMARY. OF BORROWER'S TRANSACTION: K. SUMMARY Or SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Contract Sales price 52 000.00 401. Contract sales rice S2 Q Qf) 00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 356.00 403. 104. 404. 105. 405. Adjustments for Items paid by seller in advance Adjustments for Items paid by seller In advance 106. Cityltown taxes to 406. City/town taxes to 107. Count taxes 12/3018 6 to 1/1/$7 I-OR 407. Count Taxes 12 186 to 110 108. Assessments to 4DO, . . Assessments to 109. School Taxes 12/30/86 to 7/1/87 2R7-?;7 409. School Taxes 17 80/86 t107/1187 110. Sewer to . Sewer to 111. Trash 12/30/86- to 11 Trash tol /1487 112. 412. Iw. GROSS AMOUNT DUE FROM BORROWER 52 640.30 420. GROSS AMOUNT DUE TO SELLER 52,284.30 200. AMOUNTS PAID BY OR IN BEHALF OF BORR OWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER . 201. Deposit or earnest money 3 QO,OQ 501. Excess deposit (see Instructions) 202. Principal amount of new 1 s 502. Settlement charges to seller line 1400 3,794.00 203. Existing loans taken subject to 503. Existing loans taken subject to . 204. Stall SajeS ant I 504. Payoff of first mortgage loan r p,,;A 19 628-71 2D5. =`r '' 505.-Payoff'oT second mortgage loan 206• 5015. IInstall, Sales Ag7reement 48,000;00 207. jt- 507. 208. 508. 209. 509. Adjustments for items unpaid by s eller Adjustments for items unpaid by seller 210. ityltown takes to 510. Cityltown taxes to 211. County taxes to. 511. County taxes to . 21 Assessments. to., 512. Assessments to 213. School Taxes to 513. School Ta es to 214• Sewer 86 to 12 30 86 19.08 514. Sewer 10/l/86 t012130/86 19.08 215• Trash to 515. Trash to 216. 516. 217. 517. 218. 518. f ` 219. 519. 220. TOTAL PAID BYWOR BORROWER 51,019.08 520. TOTAL REDUCTION AMOUNT DUE SELLER .71 441.81 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower (line 120) 52 640.30 601: Gross amount due to seller (line 420) 52 284.30 302. Less amounts paid by/for borrower (line 220) (51j(]119.08 602. less reduction amount due seller (line 520) (71 441.81 303. CASH (9 FROM) (? Tip) BORROWER 1,621.22 603. CASH (0 TO) (b FROM) SELLER 19 157 51 ?, H1,10-1 5176 AS L AS (1322), St I I LLMEN I SIAI EMENT PAGE 2 [? -kNT CHARGES PAID FROM PAID FROM 700. TOTAL SALESIBROKER'S COMMISSION based on rice $52,000.00 %= BORROWER'S FUNDS AT SELLER'S FUNDS AT ! Division of commission line 700 as follows: SETTLEMENT SETTLEME NN7 701. 702. S to s3,640.00 to Jack Gaughen Realtor ? 703. Commission paid at Settlement 3,640.00 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Orlginallon Fee % 802. Loan Discount % 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee 806. Morta e Insurance Application Fee to 807. Assumption Fee BD8. 869.: ; : `'811: 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to a $ /day 902. Mort a e Insurance Premium for mo. to - `-" 903.; `Hazard Insurance Premium for yrs. to stn. yrs. to 905., 1000. RESERVES DEPOSITED WITH LENDER FOR 1001, Hazard Insurance Imo. 44 ?v r Irno- im 1007, 1008. mo. Imo. mo. S Imo. 1100. TITLE CHARGES 1101. Settlement or closing fee to 1102, Abstract or title search to 1103, Title I i n 11D4, insurance Title binder 1106. Nota fees to Ca h 1107. Attorney's fees to includes above items No.: 1108.. Title insurance--.-- includes above items No.: 1109. 1110. Lenders coverage $ Owner's coverage $ ?, a -.?z t 4•> '2 5 3?% ? i.. wx?. ?.... .. a r' `r,• rY ,' 1111. Preparation of Deed to: 1112. Preparation of Installment Sales eement 100.0 1113. ..1200. GOVERNMENT, RECORDING ANDTRANSFER:'CHARGES `- 1201 Recordin fees: Deed $ ; Mori gage S ; Releases $ 1202. City/county tax/stamps: Dead $ ; Mortgage S 1203. Slate laxislam s: Deed $ Mortgage S 1204. Recordine' of Sales ALTreement 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302, Pest Inspection to Bowers'Pest Control 35,0Q 1303. Reimbursement to Robert E Myers f f dera a ress a off 14.00 1304, 1305. r v a ML OCI I Lcmcn 1 cnwnuta fen ter on tines ru4 ano ow, sections d and K) 356.00 3,794.00 t. - The Undersigned Acknowledges Receipt of This Settlement 3latemenl'and Agrees to the Correctness Thereof. ...,_, .r: Seller ?r STANDARD AGREEMENT.FOR-:THE.SALE OF REAL ESTATE A/S-2K This forth recommended and approved for, but not}eshieted to use by, the members 'of the Pennsylvania Association of REALTORSs (PAR). j SELLER'S)?US SRELATIONSHIP WITHA PA LICENSED BROKER BROKER (Company({ t((Y=icy / ?tjfJldcz'f: tt.ir:E PHOVE- ADDRESS:. FAX . BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: OR Broker is NOT the Agent for Seller and ns ahm: } ? AGENT FOR BUYER ? -TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP.WITH PA LICENSED BROKER • -BROKER (Cornipany) PHONE ADDRESS ?A Jr BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, ff'applicable: OR Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION,LiCEN$F.E; ,. I When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. CIYCClYt0 dated 1 ( I j 't. t -k I! is between 1 2. SELLER(S): 1, f r f 'i , ( i l i(, )L z 3 u 3 4 called "Seller," and 4 5 k BUYER(S):; (\l l Vi_-- -- 111,\ V_ 5 6 6 7 , called "Buyer." 7 6 2. PROPERTY (1-98) Seller hereby agrees to sell -and convey-to Buyer, who hereby agrees to purchase: e 9 ALL TILATfCE A lot ort piece of ground wrth buildings and imp vements thereon erected, if any, known as: 9 10- ^1 C -.:;1 f (?:ill • tg - it { -) =-,j`i , .... f '. in the 1(t'11 1V 6i1-.of .r:,t ` ti 12 County of tt (1, i (?3 i; the Commonwealth of ylvani i Code 12 13, Identification (Cg., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) J• t ?• 1411 h 5 13 14 14 15 to 3.TERMS (1-02)• y 1 {? r ?I? ((r ,'?,,.i.. ??'',,. 1 t(- ;'t !(:r(.,{. I'({r(( 1..)•( ?'(L'Z t.I'!`l'rtit' ???' ( ?(t. (A) Purchase Price ri 15 i6 it US Dollars 17 1s . which.will be paid to Seller by Buyer as follows: f) ig 19 1. Cash or cheep at signing this Agreement $ 19 to 2 Cash or check within _ days of the execution of this Agreement $ 20 it 3. $ - 21 # 4. Cash, cashier's or certified check at time of settlement: $ 22 23 .: TOTAL $ 85, 261) 23 14 (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: 24 s 25 t6 - (C) - Seller's written approval to be on or before:; {.l r!•(. (r A •, t .., 26 t7 - (D) Settlement to be on3 [ ,'' 1 t '•:i . .r y ` , or before if Buyer and.Sella agree. n_ !8 (E) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 28 9 29 10 (F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 30 11 31 t2 (G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Sella, reimbursing where applicable: taxes 32 13 (see Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if 33 q any; water and/or sewer fees, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) 34 is covered: Seller will-pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated 3s. a here. 36 v 37 18 4. FIXTURES & PERSONAL PROPERTY (1-00) 36 9 . (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; 39 0 heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; Pool. and spa equipment; garage.door ope. .40 .1 - and transmitters;. television antennas; shrubbery, plantings and unpo tied trees; any remaining heating and cooking fuels stored on the 41 2 - Property at-the time of settlement; wall to wall carpetiag; window covering hardware, shades and blinds; built-in air conditioners; built-in 42 3 - appliances; and the rangeloven unless otherwise stated. Also included r 43 - 4 44 5 `(B) "LBA$$D ltpn8 (mnt-OWt1ed by,$ellery r- 46 (C) EXCLUDED'fixtures and items: . - - - - - ' 47 - g 46 9 • ' 5. DATES/TIME IS OF THE ESSENCE (1-02) 49 o (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are so 1. agreed to be of the essence of this Agreement and are binding. 's1 2 (B) For the purposes of this Agreement, number of days will be counted from the date ofexecution, by excluding the day this Agreement was -52 3 - executed and including the last day of the time period. 63 4 (C) The date of settlement is not -extended by any other provision of this Agreement and may only be extended by mutual written agreement of 64 5 the parties. - 55 6 - (D) Certain time periods are pre printed.in"this Agreement as a convenience to the Buyer and Seller. Any pre-printed time periods are negotiable 56 7 - and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all parties. 57 9 t? iti " r I B A so n uye A/S-2K Page 1 of 8 Seller Initials: ) _Ll S { 59, n3 PNnty1Yanlin Asso4:iation of - - COPYRICErr PENNSYLVANIA ASSOCIATION OF REALTOB9•?2002 .. REALTORS. o voz aructN srwrrar rr?rr...,rw EXHIBIT // RIGHT OF FIRST REFUSAL AGREEMENT THIS AGI2l:liMGNT is made this _L;5.{_. dayof_Cg7Zr !t.r? 2002, by and between Mclanic A. McCrae DeMartyn (hereinafter "Owner"), of 604 Wingert Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, and Nathan A. Bitner (hereinafter "Optionce"), of 3r! 0 LumI-UI JL"t ///rr65Z&-^a iA I, /o9 WITNESSETH FOR and in consideration of Oplioucc's purchase from owner of all that real property, woelher with the improvement thereon, known and identified as 122 Sovtk, 2jf-&- :5 VA . 0'- Dauphin County, Pennsylvania, Owner grants to Optionce the right and option to purchase from Owner that real property referred to in this Agreement as the "Premises" as more fully described and under the (cmis and conditions, as set forth below: T ne-f rt ti,. 3 I. Premises. The Premises which is the subject of this Agreement is known as Dauphin County Tait Raraeell)r/&r,X V • . being an undeveloped lot, situate in Penhrook Borough, Dauphin County, Pennsylvania as is more filly described in the attached Exhibit "i" ii 2. Fxcrcise of n at inn, The riglit grmled herein shall be exercised by Uptiottcc as follows: a. In the event Owner receives bona fide offer to purchase the Premises from a third party during the tern of this Agreement, and if Owner" finds the offer to be satisfactory, in her sole opinion; Owner shall give Op6onee the privilege of purchasing the premises and shall give written notice to Optionee together with a copy of the bona fide offer within ten days of her receipt of same. b. Optionee shall exercise This right by delivering, within fourteen clays of receiving notice pursuant to the preceding paragraph 2a, written notice to Owner of Optionee's intent to exercise this right and by signing a contract- for purchase of the Premises. C. Should Optionee fail to exercise this right in the.manner set forth above, Owner will be free to sell the Premises to the third party making (lie offer or to any subsequent offeror, whereupon Owner will he relieved from all obligations w be performed under this Agreement, 3. Purchase Price: The purchase price for the Premises shall be the amount of the full consideration offered by the third party purchaser as set forth in the bona fide offer received from said third party purchaser. r; Page I of 3 BK42851",, S1;S 4. Terms. Should Optionce exercise his right to purchase the Premises as provided in this Agreement. Opitionee shall, within forty-live days of exercising the option, tender the full purchase price in U.S. Dollars, cashier's or certi Ged check. Optionee's obligation is not contingent upon Optionee securing a mortgage or loan; the Premises shall be conveyed in its their "as is" condition and without warranty or representation of any kind by Owner; Optionee acknowledges (hat his decision to exercise the right granted herein shall be based upon his own inspection and evaluation of the Premises and not in reliance on any representations made by Owncr or any person or entity on Owner's behalf. The only condition and/or contingency that may affect Optionee's obligation to purchase, aller exercising the right granted herein, is with respect to title as is more fully set forth Wow. 5. 6. Title a. The Premises will he conveyed free and clear of all liens, encumbrances, and casements excepting however: existing decd restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon the ground, easenicnis of record, privileges or rights of public service companies. otherwise; title to the Premises will be good and marketable and such as will be insured by a reputable title insura me company at regular rates. b. In tlic event Owner is unable to give good and marketable title pursuant to the preceding paragraph, Optionee will have the option of taking such title as Owner can give without changing the price, or of terminating this Agreement and Optionee's obligation to purchase. Termination: Any and all right granted to Optionec under this Agreement shall terminate as may he provided elsewhere in this Agreement or upon the occurrence of eitherofflic li>Ilowing: a. Optionce's lailurc to exercise his right as is more fully set forth in pars-raph 2c above. b. On December 31, 2017, provided Optionce has riot indicated his intent to exercise his right by delivering written notice to Owner as required in paragraph- 2b above prior thereto. Notices. Any written notice to be served upon Owner or Optionee under the terms of this Agreement will be satisfied if written notice is personally served upon the party or any adult who resides with the party or by U.S. Mail, first class, postage prepaid delivered to the following addresses: To Owner at: 604 Wingert Drive r:!z0 Mechanicsburg, PA 17055 = Q Cl> n ?1 0O N M {n Cy x?n o z • j < j j , Fri Page 2 of 3 = N fr f' 11I; . i,, I •r i' R942851?G 547 o I? ?'...` 4 ? a To Optionee at: a lo [A r.3 Tt 7 D? 14 '' c Dated: Nu tan A. Bitner ??_ /7/('?'1r?.r • '251;;?//r' i,/`?/IJ Dated: r.,?. M Ia e A. McCrae DeMartyn U COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF On this / -,-T ,. day of``ArUd2me 2002, before me a notary public, the tmdersi6n:cl officer, personally appeared Nathan A. Bitner known to me (or satisfac(orily proven) to be hoc person wlpLise name is subscribed to (lie within instnmte:n(, and acknowk-tiged that he esecutc d the same for the purposes (herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal NOTARIAL SNotarY Pu?c `-??'{? ?`" JOHN R. BEiNttAUR. trnver PazW?t iwp ? Uat?t>? County -? •.. rrnra?sa,n E,o'ves March 13.2 COMMONWEALTH OF PENNSYLVANIA) : SS: COUNTY OF 'P r ) On this /)k day of `X-dru , 2002, hefore me a notary public, the tnxtersign :d officer, personally appeared Melanie A. McCrae DeMartyn known to nne (or satisfactorily proven) to be the person whose name is subscribed to file within instnuncnt, and acknowtede xt that she executed the same for the purposes therein contained. ! IN WITNESS WHEREOF, i have hereunto set my hand and notarial seal. . { • .? I i r-00*1N1MA N R BEUIALS R TWPr:• D--- Page 3 of 3 8K4 285i'(, 51;8 E A fJ? ? jc •l-.urJ-z.. i `v p0?ov? ap,b 43 mb v N41a 43 d u P 6) og -0 m 43 C3 4 9: 41 03 >+ d O? w u id 41 Oau H ?i'° wH tp 0 yy W u'n0 dl? ° WAJ 4 b1d 41 41 0 0 4,4 M N fwd 01 U O W o .0 °V N O 'd 1-t r' aJC°?,a v .,o mV g _ro04d quy N fa ;' W y 104 y w m N ?0+ -4 0 (n 43 o a 61 U to :),'i x 9) 0) W A r7 m A w N 0 as ,y 0) $4 4110 [ - (n m 4 .0 41 (L) 0 96 %" 1: 44 ° O +J ri 14 ul 41 11 Q1 y N CU 3 3 0) .n N -e-1 .4 O N W r`?w0) 41 ?O0d7-4-OA S4NO'd 0$4 b?^GUa1AJj IL) r1 O ON +JC?a1C 4a?v04J ou14 t a? 041 Upa4yaui. ° a :°'4314) A`t cA d N N of ?O ° -' 14 1J b ,T-1 ai 4) w lvV N?0)w?p.P4??p m 1 A V/- :1 r1 w y!{7 NGH?O ?a?NRS .ice O ?d1 id :1 ffr,ifL? 0 0tn? (4 " p vdO•r,N vJ H t; N ?. "N W N r-I w U) w) id C! G N d N1JP4 4O d°N a 4 Nai 44 N d) -A 10 0) 4 4J Z la 0) Ups -4 to Aj 4) d 'id H w a) o O 4H a++ 114 *-1 0 003p,y?0 ? wA??b ?N&? H.1441 44 N 14W y ?y ' w 3 t 0.0 w o4 w O 4 O >+>+ 0 41 0 4J ?.?1d1?'dtTO? 4)'d43 U Hr+rdG 14 1) 0 ,044 ? ?z??O ?oo? 44 H3r+wu? O w `t ?i aD Q os ` \ N m tl o O o C) A 0 m A 4 o ? ?' f+ ITS 0 m ? { W4 o ? y O ? R u F' p M Y w a p fll(4285PG 549 LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 September 13, 2006 Carl G. Wass, Esquire Caldwell & Kearns 3611 North Front Street Harrisburg, PA 17110-1533 Via fax and regular snail Re: ` Melanie A. DeMartyn v. Kenneth J. DeMartyn Dear Carl: _ I believe that I am. now in a position to discuss the settlement of the above captioned case with you. I have reviewed numerous documents as well as a settlement proposal which had been sent by your client. In order to evaluate the offer, I need clarification of certain issues. I am going to set forth a listing of the assets to identify areas where we may have agreement. 1) Read Estate: A. 604 Wingert Drive, Mechanicsburg: Regarding the marital home, my client believes that the home, is worth approximately $200,000.00. It has a mortgage of about $9,500.00. I understand that your client desires to leave the home and my client would retain same..(Given the intensity over the last weeks, my client is choosing to stay away. Hopefully, the home will be returned to her by the end of the month.) Please advise if he is in agreement with these numbers. B. 122 S. 29' Street, Harrisburg: -My client had pre-marital ownership of a home at this location. That home was sold during. the marriage but a small, separately deeded tract (30'x 50') was separately deeded and not conveyed. It is almost worthless and has a fair market less than $5,000.00. It is only usable by adjoining property owners. The increase over the life of the marriage would be miniscule. EXHIBIT /? PENNSTATE PM Miltou S. Hershey Medical Center WV College of Medicine Pulmonary & 31cep disorders Medif ie Penn State Milton S. Hemhey A-lcdicnl C cnwr Tel: (717) 243-3777 Pran State College of Medicine Pax: (717) 245-5936 Diviaiist of Pulmonary. AIler„y ;uld Critical Cure Medicine Leon Sweer, M.D.. EC.C.P. 850 W;lttut Bottum Road, Suite 105 Aswimic Profmor of Medicine Carlisle, PA 17013 Todd S. Kckrottt, M.H.S., PA.-C. P by iciun ANsistunt October 10, 2007 To Whom It May Concern: RE: Kenneth Demartyn DOB- MRIW I am writing this letter at Mr. Demartyn's request to document that he has severe interstitial lung disease. He has marked pulmonary restriction, very possibly from a severe previous case of pneumonia which has slowly worsened over the years.. His forced vital capacity is now less than. 50% of his predicted value and, for this reason, I feel that he is unable to continue in his current job. Mr. Demartyn's current job involves quite a bit of carrying and climbing which will create a significant strain on his cardiopulmonary system. A recent 6 minute walk. . test sbowed that his oxygen saturation fell to 88% just with walking on level ground and therefore I feel that more significant exertion is likely to result in more significant oxygen desaturation and be somewhat hazardous for Mr. Demartyn. I am writing this letter to suggest that perhaps Kenneth be allowed to retrain in a somewhat less strenuous capacity but he should be OK with a more sedentary job or at least one requiring not such a significant level of exertion. Please don't hesitate to contact me with any questions with the patient's permission. Thank you for your consideratiou. Sincerely, Icon Sweer, M.D., F.C.C.P. Associate Professor of Medicine Penn State Hershey Medical Centex Ls:tff cc: Mr_ Kenneth. Dcmartyn 1505 Grandview Avenue Mechanicsburg, PA 17055 An Equal Opportunity Univemhy 0 Milton S. Hershey Medical Carter College of Medicine Puhnoosry dr Slap D6ordcra Medkfne Pm Stw Minad y. Iles im, Medledl Cedkt ttl: (717) 243-1177 PC= -'QW CntI%C of Mot ium Fax: (7 1 71 245-1630 t)iv Oup Qf pldnoamy. Allergy and Critkat Care Medicine 650 Walnut Bottm R0a4, Suitt 105 Leon `.jxfW'i M.?, N.C.GP. i::arlif?k, PA 17013 AsxafMa halo" of Medkine Todd S. tee, luIM, PA.-C. June 18, 2a?8 Mqukian A"Istwit RE: Kenneth Demartr 1505 Grandview Avenue Mechanicsburg, PA 17055 To Whom It May Concern: I am writing to document that Kenneth Demar4m, DOB 1122155, ho severe f ulrwlu y fibrosis. tea ling capacity is appooximatcly 40% of what it should be and, as it result, he is quite fuactionWly disabled fraont & job that would inyWve any physical labor whatsoever. He is being referrad, as a m4ftr of faca; for evaluation at a lung transplant center. This letter is written at the remcst of the patient an re information is available with his permissions only. (...-ti Leon`o wMr,-KD.,T,,.M.P. Associate l2 m&Lvr of M tter Penn State Hershey lv1 i.S:tff Aa Eywl OWff s q UahtWp 2/2'd 009-SE L:01 :WOZid CS-IbT 80022-TT-100 ton M[yMedic'8I Cte>r Cb&p Perot State Milton S. [ia'shey Mcdloal Carter Tai: (717) 531-805$ Perot State Collep of Madicino HUM 1411 mation Sta AGM HU24 100 University Drive P.U. Boa 00 Hershey. PA 110334850 role* Name; 06MARTYN, K"13TI M J PSUHMC MRN: 0248189 lWimtSol: Main 041norniah: Patkm i mention, PUDX,, visit Number 09348078 Yisil Typo: Clinic Pu.Imo.nary R e p c r t Document ,gal Dwmxnt Electronically Signed by. per contribution por contn'bution Signed Br. Alain, Shoitib (2!812008 3:22:04 pM); St:u=owt, Manuel F (1/1412008 8:33:48 AM) PULMONARY PROCEDURE Name: DEMARTYN, KENNETH J NMC Number: 4248189 DOB: Date of Service: 01/11/2006 REQUESTING PHYSICIAN: Dr. Sweer, HIS'T'ORY: This is a 52-year-old male patient, without history of smoking, for evaluation of ILD. Fleight 68 Inches, weight 240 pounds. STUDIES PERFORMED: 1. 5plrometry wipe flaw volume loop pre and postbronchodilaltor. 2., Lung volumes by plethysmogmphy. 3. Respiratory muscle force. 4. Oxyhemoglobin asturatlon on room air. STUDY RESULTS: 1. SplromMq before bronchodilator: FVC is 1.79 L. which is 38% of predicted; PEW is 1.621., which is 46% of predkted; FEV1JFVC ratio is 91 %. 2. Spirametry after brortehodllator: FVC is 1.98 L, which Is 42% of pmWcted; FEV1 is 1.81 L, which is 50% of predicted; FEV11M ratio Is 82%. There was 11% change in FVC and 12% change In FEV1 after bronchodila Lion. 3. Lung volumes TLG Is 2.85 L, which Is 43% of predicted RV Is 1,02 L, which Is 52% of predicted. 4. Maftum inspirea ry pressure was 94 cm of water, which 18 82% of predicted. 5. Reaft oxygen saturation on room air Is 94%. IMPRESSION; 1, Good patient effort. 2. Spirometry. no ot»atruotive ventilatory detect, 3. Lung volumes: severe reetrh:tive ventilatory defect. 4. Normal negative Nvomtory force. 5. Resting oxyhemoglobin Saturation an room air Is 94%. Oars Maw 412OWN Theta PrhwW- A 10 AM j 'd 009S€9L:01 :WWd 2-2:80 6002-b2-8bW OKEGORYA. MWKS, M.D. WLWiT.BAIAO, M.D. ROBEftT R KAREDA, D.O.; F:A.C.O:S. RICHARD J. BOAL:.MID. R6RX46 .W: LIPPE; Kb.. F.A.C.S. RAYMOND E. DAHL, D.O. 'r • J}4SM:J. LITTON, M.D. ROBERT R. DAHMUS. MID- WILLIAM J. FOI.ACHECK JR_ M.D. STEPHEN W. DA1L>;Y, M.D. - s?- ERNEST.R. RUBBO, M.D. WILL" W. DEMUTH, M.D., F.A.C.S. . MMFMR M.D A MICHAEL : _)HN R. FRAIi Wff II, M.D., F.A.C.S. , . , D:: q B: W LF, M q ? cURTIS A. GOLTZ, A.O. ORTnOrEFTIC INSTITUTE LVANIA OF PBNNSY JEFFREY W. FEARY. PA-C ' RICHARD H..HALLOCK. M.D. . . TELEPHONE: (717) 761-5530 TOLL FREE (800) 834-4020 • FAX: (717) 737-7197 www.pip.com. November 28, 2006 To whom-it may concern: ?? ??c:, b::.:d`f ,????':?r•'°c : : ?; - :erg...' -.,.?,;;:;n .?xW ...._. .: etlr..l)?art. -:::has??e'_a:.. ? ._: ?•:?:? the right pubic ramus and a coihpression•fracture o? both the L2 .and L3 u?rtebrae. I have seen him p+??iodically since that time and he-has been cke?eloping increasing pain in tYle back. He .told me.he has to lift a ladder ?- that can weigh from 80=90 pounds.. He also has to sometimes bend tq lift manhole covers which can weigh more-than 90 pounds. His job does require bending many times all day long. With increased exertion he does develope' pain'.in the-left low back area: -He does take.Skelaxin for this on occasion,.-- -He also states changes in the weather will make his back hurt-bnt in general . his back has been increasingly painful over the last year or .two. He also reports that stress will exacerbate his back pain. I have examined him :and:he; dcleS° Irv _tezid4 Ties in t;he a ea-ofhis~ odd compressi,dn=•fractures." He is..intacG, rleurologi-ca. y--'n..t_2ie_2:ov er .extieaiit e Deep -tendon --reflexes, motor, ;.strengt4 and sensation, are wlt7iiri irigrliia] , s _ He has no specific motor weakness. X-rays of his lumbar spine do show a kyphosi.s present -on the lateral view' secondary bo.his compression fractures. haue..had_.a.. lQp_q.`d! gasag='to ='gel' ai``e problems i, he coin up until 'C is' point'. rsion. wi( h-A _ .I]eMa z....dan't 1Th ITS-: Is. baC is :- - Mat to 1 i i t the- amount of weight t Zat h 1ia's 'lieE?ii' do rig l have -advi &d, Mr_ DeMai^tyn' that.'. it kt . ;iaould An. his best interest if he find a jo3i that did not*.requip.e Veavy •11ft•?g• or ,xeR?- tec3. ex?clinq....ariclAifting at 'tIie waist: Hope€ully •€idiIg.= a ;3ak}., S;itc}-; as .)ais will decre`a.e` tie . "' possibility i Iiat he will need back surgery in the future. ''' = RE: DEMARTYN, KENNETH .. PAGE 2 'Jovember 28 r 2006 I hope this information is helpful Lo YOU- Sincerely, f Richard oal, M.D. RJB/slf :.:. 00 05, .. .. _. . t. .... .. .. .. ... _ ... . _ ..: ::'. - J?:?'-?t'.:c._ 5Li_: •1: s1'Si:. 4_8§:+Q EVANGEWest LICAL Nmre E CHURCH August 30, 2007 TO WHOM IT MAY CONCERN Kenneth DeMartyn, of 1505 Grandview Avenue, Mechanicsburg, PA 17055, is a client at the West Shore Evangelical Free Church Counseling Ministry. He started his sessions on May 15, 2007 and has been seen for 8 sessions. He has been diagnosed with adjustment disorder with depressed mood which is related to his separation from his wife and impending divorce, and his father's illness. Sincerely, ??&7,/6v- Winston Seegobin, Psy.D. Counselor P Y*J. w lis, Ph.D. Licensed Psychologist Supervisor t GYt?1 i v? ? .1 jj- EXHIBIT 13 MAY-27-2003 14:23 FROM: 70:7375355 P.2/2 )j A9 EdUOU rk11 PA Bre tf?uhs ?I? - 99,7 , q9 2-q aa,. C.? V009 CK.- aav„?1 a TUTOr11NG ?????'Ly2.ti1'?.,DGG1?y ? STUDY SKILLS (`0 J(' TEST PREPARATION LEARNING SUPPORT EOUGAmNAL THERAPY ?d 'i00 ?py Educational Breakthroughs, LLC 101 Old Schoolhouse Lane f?^lr 4?C` Mccluu*suurg, PA 17050-5850 TEL (717) 795.3== FAX (717) 795-9927 breaMroughcrrAtsachirut1;?7 mn www.teaching121 •com ?J?' - / ? C,???i??terse.? t?Y?'cr? Cam EXHIBIT / 0243531 .JUNE 2002 RENTAL 'TOTALS". URBAN ENGINEERS, INC. 530 WALNUT STREET, 14TH FLOOR, PHILADELPHIA, PA 19106-36 CHECK DATE: ._ CHECK NO.. CHECK DATE: 1550.00 1550-00 CHECK NO. A -? rr ••r ,+ 1550-00 1550-00 ?. 1 t ?r? 1.550.00 MAY 2002 RENTAL- 1550. cis 04300'2 020430 TOTALS: 1550" 00 1550-00 URBAN ENGINEERS, INC. 530 WALNUT STREET, 14TH FLOOR, PHILADELPHIA, PA 19106-31 CLASSIFIED ADVERTISING INVOICE :estions regarding this invoice call (717) 255-8138 ?1he patriot-?tetug BILLING DATE To Place your ad Call Classified (717) 255-8121 Tearsheet Request call (717) 255-8417 INVOICE NO_' :CLASS 'START DATE STOP DATE TIMES SIDE AD AMOUNT TCb2523O1i'3 190 2 05;'12/02 1 3. OOCL 1.b. 47 BOX CHARGE MELANIE DEMAi~ T`{h1 'AFFIDAVIT CHARGE'( = g; !? ?f P. 0. BOX 485 i; Qy LEMOYl+IE PP, 17055 N; ATTENTION GE7ER DEBIT MEMO z ter.,+r; ,4'r i `4c J', CREDIT MEMO ILK '. `ti .:v ?"PS'r L, ?? ?i't" -,` ? ""! 2? ? 2•S _ - ,ter]-y.?mot' ??F• ?? _ `??'f?? ` s DISCOUNTS ? 4u,r r k ADVANCE PAYMENT -AI1COlJNT NOa' x'-. AC r4 y 79 13209 DESCRIPTION OR TAGLtNE air ??ECHAPIIr?UIIRJ l,lpp=r A? TERMa D(±E UPON RECEIPT CLASSIFIED ?'DVERTISING INVOICE scions regarding this invoice can (717) 255-8138 triot-?idu? at BILLING DATE 05/19/02] To Place your ad Call Classified (717) 255-8121 Tearsheet Request call (717) 255-8417 '"` _.m; _ INVQICE NOS' r C i rJcs 'TF : TIMES ?` ST Q SIZE D'AML)AJ l b,.? s' ..': 1 3.OOCL 16 47 s TC631002IM 1 U 05/19/02 05/19/02 4 t r 1w.:• i - .- .. .?t? ¢L. k s is € BOX CHARGE MELANIE I3Fl'IARTYI+1 y AFFIDAVIT CHAFFGE s ?: T5 W1Yt Fk -.. i a 3 F.z, ci3' x ?a}? x ?l t P.0. BOX 485 LEMOYNE PA 17055 ATTTIO[} GETTER7" }y' ' ? i .: 'i J c vY 'T' a DEBIT MEMO, CREDIT MEMO DISCOUNTS ADVANCE PAYMENT T (_: ACCOUNT NO. {: 4- N?..... - X958 09D) !1 DFMARTYN/MFLANIE PAY THIS AMOUNT 16. 4-7 DESCRIPTION OR TAG LINE 1'11=CHAIdICS$UFtO?U sp eT Al TERMS DUE UPOP?! RECEIPT % CLASSIFIED 'DVERTISING INVOICE Questions regarding this invoice call (717) 255-8138 INVOICE NO. CLASS START fie ?a?triot-?eta? STOP DATE TIMES ?17F BILLING DATE 0 5 ?U8?0G To Place your ad Call Classified (717) 255-8121 Tearsheet Request call (717) 255-8417 AD AMOUNT Fs .1647 Cb2?6511;! M190 0J5!;D5/0 C?Si ,f C2 1 ? 30 CLASSIFIED ADVERTISING INVOICE Duestlons regarding this invoice call (717) 255-8138 ae ?alriot?le? BILLING DATE. 10106 To Place your ad Call Classified (717) 255-8121 Tearsheet Request call (717) 255-8417 TC7011621€'t 1°+? r10/06;C?" 10/06/02 ? . 3. OOCL CLASSIFIED ADVERTISING INVOICE ,.stions regarding this invoice call (717) 255-8138 INVOICE N ITC6793251M MELONIE 'DEMARTl'N 604 Wll` GERT DR MECHANICSB 3RG 7 -7'5 R " 0 9 D E M 0e p&iot-wety2; BILLING DATE OS/25/0a-- To Place your ad Call Classified (717) 255-8121 Tearsheet Request call (717) 255-8417 (:LASS; START DATE STOP DATE TIMES SIZE AD AMOUNT ?rRJ25/0OES/25/t7 3. 0OCL 16. 47 ry BOX CHARGE '-r u Afflb.Avit CHARGE P1 .1 7 v ATTENTION GETTER r? a, ) } DEBIT MEMO `- r C REDIT MEMO 7s, .ter -; ? . / .-.- r yy {, <<? DISCOUNTS Y 'z`nx: l ?T NAMI r ADVANCE 1? Y-v1ENT xn- 1xz ??. DEI"1,P,'T YN/i'1i LC1! I T PAY THIS • 16. 47 ;. MECHe"1NIrw'SF!=UE G CuarllErl TERMS s L DUE UPON RECEIPT 4 TO DAUPHIN COUNTY REPORTER 213 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17101 (717) 232-7536 Melanie DeMartyn June 4,. 2002 604 Wingert Drive Mecha.nisburg, Pa 1705,5 IN RE: Mechanicsburg, Upper Allen (0 ABOVE NOTICE INSERTED ON: May 24, 2002 $ 14.00 PROOF OF PUBLICATION --------------- ------ - $ 14.00 Total ------------ $ MECHANICSBURG - Upper Allen 1076 square feet, air, janitorial, utilities, parking, security, $900. Phone 795-8209. m24 c u.?m tx:: xysta'm #n 5 ks ?'c''?'fN c T?51 9T Q j e n1£ F??OC `a :m ?3• rs mEU 1.0 ?z Ce ?o 3cRi?? `c l°? C{7?? oT6 z ? =..a ?o ?> ? 93 S ?? ? c 6Fiige?gTyT Y ''g .gym a ?: ~,. X'mJ S 4 _ apoxOrf3 e Q n nNL°l r -Zi 3 , jig C2 yy? 1q y G {/? II?? {p twig 4 EXHIBIT / a_.awuia lcu. vawc ut vuuN... vu....y..-++••u?-•/ (Calculated Value of Your Paper Savings Bond(s) r Results for Redemption Date 03/2009 Bonds: 1-18 of 18 C807602655EE EE $100 08/2005 0412009 08/2035 $50.00 $6.12 3.50% 1$56.12 PS ' C814037102EE EE $100 1012005 04/2009 10/2035 $50.00 $5.80 3.50°x6 $55.80 P5 C815979770EE EE $100 06/2006 04/2009 06/2036 $50.00 $4.80 3.70% $54.80 PS C815979769EE EE $100 06/2006 04/2009 06/2036 $50.00 $4.80 3.70% $54.80 P5 C815826453EE EE $100 051,2006 04/2009 05/2036 $50.00 $4.96 3.709/6 $54.96 P5 C815826452EE EE $100 05/2006 04/2009 05/2036 $50.00 $4.96 3.70% $54.96 P5 C815394983EE EE $100 02/2006 04/2009 02/2036 $50.00 $4.68 3.20% $54.68 PS C814523203EE EE $100 01/2006 04/2009 01/2036 $50.00 $4.84 3.20% $54.84 P5 C814523202EE EE $100 01/2006 04/2009 01/2036 $50.00 $4.84 3.20% $54.84 P5 C814377426EE EE $100 12/2005 04/2009 12/2035 $50.00 $5.00 3.209/6 $55.00 P5 C814377425EE EE $100 12/2005 04/2009 12/2035 $50.00 .$5.00 3.20% $55.00 P5 C814230800EE EE $100 11/2005 04/2009 11/2035 $50.00 -$1.16 3.20% $55.16 PS C814230799EE EE $100 11/2005 04/2009 11/2035 $50.00 $5.16 3.20% $55.16 P5 C814037103EE EE $100 10/2005 04/2009 10/2035 $50.00 $5.80 3.50% $55.80 P5 .C807602660EE EE $100 08/2005 0412009 08/2035 $50.00 $6.12 3.50% $56.12 P5 C8066345353 EE $100 0712005 04/2009 07/2035 $50.00 $6.28 3.50% $56.28 P5 C806345352EE EE $100 07/2005 04/2009 07/2035 $50.00 $6.28 3.50% $56.28 P5 C804874948EE EE $100 06/2005 04/2009 06/2035 $50.00 $6.44 3.50% $56.44 P5 Totals for 18 Bonds 900.00 $97.04 997.04 NI Not Issued NE Not eligible for payment 2 d? P5 Includes 3 month interest penalty ? U MA Matured and not earning interest Calculator Results for Redemption Date 03/2009 Bonds: 1-13 of 13 * *WAblE -16 C804874947EE EE $50 06/2005 04/2009 06/2035 $25.00 $3.22 3.50% $28 22 P5 C803057232EE C803057231EE EE E $50 04/2005 04/2009 04/2035 $25.00 $3.68 2.74% . $28.68 P5 C803057230EE E EE $50 $50 04/2005 04/2005 04/2009 04/2009 04/2035 04/2035 $25.00 $25 00 $3.68 3 2.74% $28.68 PS C802303393EE EE $50 03/2005 .04/2009 0312035 . $25.00 . $ .68 $3.76 2.74% 2.80% $28.68 $28 76 P5 P5 C802303392EE C801090104EE EE E $50 03/2005 04/2009 03/2035 $25.00 $3.76 2.80% . $28.76 PS C801090103EE E EE $50 $50 02/2005 02/2005 04/2009 04/2009 02/2038 02/2035 $25.00 $25 00 $3.82 2.80% $28.82 PS C800934898EE EE $50 01/2005 . 04/2009 01/2035 . $25.00 $3.82 $3.88 2.80% 2.80% $28.82 $28 88 P5 P5 C800934897EE L308845211EE EE E $50 01/2005 04/2009. 01/2035 ' $25.00 $3.88 2.80% . $28.88 P5 L568591863EE E EE $50 $50 11/1987 06/1998 05/2009 04/2009 11/2017 06/2028 $25.00 $25 00 $47.60 $1§ 18 4.00% 2 80 $72.60 1387582294ee EE $50 03/1989 09/2009 03/2019 . $25.00 . $44.78 . % 4.00%0 $38.18 $69.78 Totats for 13 Bonds 325.00 142.74 $467.74 e - ??a????s Pre Moir-ltq? Sa ?? no?5 ?h?S M?rr?"e? Nav 19?? i? {: T-4 Z- ?2 r -- L 5'rft?iilj?E??S?[(Iicll'li\?tk(F?SfI(([I\ ?y y / y -y lflT?REST CEASES C ?E:.R t.ftt'?1 ?? 01 ]'.71Yr iT?T'tAll?\r?J?T/41 F FROM ISSUE DA E 4 '4 .. oe Boob # 3353 . Y 16: ?a-^^ ?j-Mry - K.1M1Q71a?15T 'Y.L`!Y?? .(? t+ - iVJy?U:i'-[aI/.["iQ'•a-1Y _[1/lV 11?1?i1YfS ftJTE RE57 C ES 'EARS FRO7d 'SE VE DATE TC•rr<{- 'S2-?:' .j?Y'?..Y r}?? titQ ?l_rVf] MENigE 1 HI J DENART Y N I NGERT DR - _ ` 604 W {tIX1T I•Q??IaL ?, ` , HEGHANICSBURG PA 17055-5350 gb 1 -T R ?iii?l?rn??t?ri111ri1r?r?fr?rfii?rfill,Itrl Off?rirtr1 t?sv a6, CROWN PT : 'IN' -- OR MELANIE A M LEE` ARTYN ; VERIZON` 9E1475 67030--- 17i . - ` C8?b16?56H ? 1 00009000 2?.1 a saa b? a6 ?5? 2?i¦ ?t = 'CS1b0 b gym. T?.; . n r l P., n. - r... NtG ban?'S Post"- S6p6lr4fioh N-nd SOP, 4,Ajo 0 J EXHIBIT / < ?t4 2 qO j? RECEIVED 11V1 Ff9 21 • A II: 2q RECORDERS OFi : COUNTY OF DAUPW i PrNNSYLVANI;, TAX PARCEL NO. MADE THE day of I'..E_ A? r dyi in the year two thousand two (2002) BETWEEN MELANIE A. McCRAE, now by marriage MELANIE A. MCCRAE DeMARTYN, of Harrisburg, Pennsylyania, Grantor, i AND F NATHAN A. BITNER, single man, of Harrisburg, Pennsylvania, Grantee, WITIVESSET11, that in consideration of FIFTY-FIVE THOUSAND---------=--------------------- ------------ ----- ($55,000.00)------------ --------------- --------- Dollars. in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantee, his heirs and assigns, ALL THAT CERTAIN tract or parcel of land situate in the 3A Ward of the Borough of Penbrook, Dauphin County, Pennsylvania, bounded and described as follows: BEGINNING at the southeastern corner of-South 291h Street and a 16 foot wide alley known as Short Alley; thence eastwardly along the south side of Short Alley, 120 feet to a point in line of property formerly of Mary A. Shelley, now or late of Justis A. and Leone E. Galloway; thence southwardly along the line of said last mentioned property, 14 feet 5 inches, more or less, to a point in said line of property now or late of Justis A. Galloway and Leone G. Galloway; thence westwardly along said last mentioned property and through the center of a partition wall dividing the property herein conveyed from the said property now or late of Jusds A. and Leone E. Galloway, known as 124 South 29th Street, 120 feet to the eastern side of South 29th ?K4285E')? 533 Street; thence northwardly along the eastern side of said South 291ti Street, 14 feet 5 inches, more or less, to a point, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling house with brick facing known as 122 S. 2911, Street, Harrisburg, Pennsylvania. BEING PART OF THE SAME PREMISES which Albert B. Seibert, single man, by Deed dated July 11, 1986 and recorded July 14, 1986 in the Office .of the Recorder or Deeds in and for Dauphin County, Pennsylvania, in Record Book 784, Page 500, granted and conveyed unto Melanie McCrae, single woman, now by marriage known as Melanie A. McCrae DeMartyn, Grantor herein. I I I I i . 1 r II l MR f?RIm W > i to KM ON emm MWIL us 1S ID 1R?lIDl '1s° Ip6A8 I 1s N>nN9t 1 A NiI?E N1b11L S Ii DM XB 1 g ICII91!9 not MW FM LL0 L9 t19 [odor FM mit 1101 1.51 119 * L l ui LU 1 9 110 . tin tL 6.9 ;,p a ltd Ga Pi Nill MR RM.' m olull a 1FM6KW0 24 Mn M fJ MINI. NEM `? Ma. L0- M. 11K2 60285N534 9.11 59.0 W o tlla t,I1L9 I. And the said grantor does hereby Warrant Specially the property hereby conveyed. IN WITNESS WHEREOF, said grantor has hereunto set her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of MELANIE A. McCRAE DCMAWNN / MELANIE A. McCRAE STATE OF /+.?Lt1aytVAwtrtti COUNTYOF On this, the 1 Z? day of bPL?l?/Ly , 2002, before me, a Notary Public, the undersigned officer, personally appeared MELANIE A. McCRAE DeMARTYN, formerly known as MELANIE A. McCRAE, married woman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. W WITNESS WHEREOF, I hereunto set my hand and official seal. ?t? (SEAL) --?`_ otary Public SF? f'u? ?i?0a? CowuT LoOw.e.w.c? ?PYla?xmn os M ??:? QK4285PG 535 1 r II ? . ?? l t,. c:, .ti i a CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within grantees is: Silo OL)AI'nuf 5"er". f?/'ri,s6vJ'4? ?1 q?oq y' k?ti . A orney f Agent fort XA•rr It ? t.rebV aERrFV *W'* doomed le recorded ?n M Amordees owes of n-VW c-*. Pemeynsude• d! /" T COMMONWEALTH OF PsA=nVANIA : ,t ? rq T owe. SS County of RECORDED on this day of A. D. 2002, in the Recorder's office of the said County, in'Deed Book ' I. Vol. , page Given under my hand and the seal of the said office, the date above written. Recorder, ON4285M, 536 EXHIBIT Kip, OMB NO. 2502-0265 it - B. TYPE OF LOAN: t .- HOUSING & URBAN DEVE LOPMENT 1.[]FHA 2.QFmHA - 3.QCONV. UNINS. 4.QVA 5.QCONV. INS. U.S. DEPARTMENT OF 6. FILE NUMBER: DEMARTYN 7. LOAN NUMBER: SETTLEMENT STATEMENT 8. MORTGAGE INS CASE NUMBER: C ATE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "IPOCJ" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. 1.0 3/98 (DEMARTYN.PFD/DEMARTYN/8) D. NAME AND ADDRESS OF BORROWER: Melanie A.M. DeMartyn P. 0. Box 485 Lemoyne, PA 17043 E. NAME AND ADDRESS OF SELLER: Winding HIII Center, L.P. 6570 Carlisle Pike Mechanicsburg, PA 17055 F. NAME AND ADDRESS OF LENDER: PNC Bank 8800 Tinicum Boulevard Philadelphia, PA 19153 G. PROPERTY LOCATION: Old Schoolhouse Office Condo Unit 5 Mechanicsburg, PA 17055 H. SETTLEMENT AGENT: 23-2015480 I. SETTLEMENT DATE: Residential Commercial Abstract, Inc. April 24, 2002 PLACE OF SETTLEMENT 3631 North Front Street Harrisburg, PA 17110. J. SUMMARY OF BORROWER'S TRAN SACTION K SUMMARY OF SELLER'S TRANSACTION S AMOUNT DUE FROM BORROWER- 400, GROSS AMOUNT DUE TO SELL FR- 101. Contract Sales Price 115,000.00 401. Contract Sales Price 115,000.00 102. Personal Property 402. Personal Property 103. Settlement Charges to Borrower Line 1400 3,372-84 403. 104. 404. 105. 405. Adiustments For Items Paid Bv Seller advanc e 106. Ci frown Taxes to 406. Ci frown Taxes to 107. County Taxes to 407. County Taxes to 10a. School Tax 04/25/02 to 07101/02 446.92 408. School Tax 04125102 to 07/01102 446.92 109. April May June Sewer 04/25102 to 07/02102 110.87 409. April May June Sewer 04/25/02 to 07102/02 110.87 110. 410. 1' 411. 11 412. 120. GROSS AMOUNT DUE FROM BORROWER 118,930.63 420. GROSS AMOUNT DUE TO SELLER 115,557.79 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE T SELLER:, 201. Deposit or earnest money 5,000.00 501. Excess Deposit See Instructions 202. Principal Amount of New Loans 55,000.00 502. Settlement Charges to Seller Line 1400 10,145.00 203. Existing loans taken subject to 503. Existing loans taken subject to 204. 504. Payoff of first Mortgage 205. 505. Payoff of second Mortgage 206. 506. 207. 507. (Deposit disb. as proceeds) 208. 508. 209. 509. Ad "usfinents or Items Un a' B Seller Adjustments For Items Unpaid 8 Seller 210. Ci !Town Taxes to 510. Ci frown Taxes to 211. County Taxes 01/01/02 to 04/25/02 174.62 511. County Taxes 01101102 to 04/25/02 174.62 212. School Tax to 512. School Tax to 213. April Rent 04/25/02 to 05/02/02 350.00 513. April Rent 04/25/02 to 05/02/02 350.00 214. 514. 215. 515. 216. 516. Mort Release to Commerce Bank 92,000.00 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 60,524.62 520. TOTAL REDUCTION AMOUNT DUE SELLER 102,669.62 300. CASH AT SETTLEMENT FROMITO BORROWER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 301. Gross Amount Due From Borrower Line 120 118,930.63 601. Gross Amount Due To Seller Line 420 115,557.79 302. Less Amount Paid By/For Borrower (Line 220) ( 60,524.62) 602. Less Reductions Due Seller (Line 520) ( 102,669.6 303. CASH( X FROM) ( TO) BORROWER 58,406.01 603. CASH ( X TO) ( FROM) SELLER 12,888.17 The undersigned hereby acknowledge receipt of a completed copy bf pages Borrower Imo,, , elanie A.M. eMartyn 1&2 of this statement & any attachments referred he Seller. Winding HIII Center, L.P. . HUD-1 (3-86) RESPA, H84305.2 /? Paae 2 ? eeT-rl FMGIJT r`NARr;FS A COMMISSION Based on Price 115,000.00 7.0000 ° 8,050.00 PAID FROM PAID FROM / Division of Commission line 700 as Follows: BORROWER'S SELLER'S 1. $ 4,025.00 to NAI/Comercial Industrial Realty FUNDS AT FUNDS AT 702. $ 4,025.00 to Landmark Commercial Realty, Inc. SETTLEMENT SETTLEMENT 703. Commission Paid at Settlement 8,050.00 7/ } to 8t,__ .fEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Loan Closing Costs to PNC Bank 475.0 0 806. Mortgage Ins. App. Fee to 807. Assumption Fee to 808. 2002 County/ Twp Taxes to Marlin A. Yohn, Sr., Tax Coll. 559.0 9 809. Tax Certification to Marlin A. Yohn, Sr., Tax Coll. 6.00 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From 04/24/02 to 05/01/02 @ $ /day ( 7 days %) 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. 905. 1000. RESERVES DEPOSITED WITH LENDS 1001. Hazard Insurance months $ per month 1002. Mortgage Insurance months $ per month 1003. City/Town Taxes months $ per month 1004. County Taxes months $ per month 1005. School Tax months @ $ per month 1006. months $ per month 1007. months @ $ per month 1008. months $ per month 1100. TITLE CHARGES 11 r' Settlement or Closing Fee to 1 stract or Title Search to 110J. Title Examination to 1104. Title Insurance Binder to 1105. Document Preparation to 1106. Notary Fees to Residential Commercial Abstract, Inc. 10.00 1107. Attomey's Fees to includes above item numbers. 1108. Title Insurance to Residential Commercial Abstract Inc. 933.75 includes above item numbers.1101 1102 1104 1109. Lender's Coverage $ 55,000.00 1110. Owner's Coverage $ 115,000.00 1111. Endorsements 100 300 8.1 to Residential Commercial Abstract, Inc. 150.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 32.50; Mortgage $ 62.50; Releases $ 14.00 95.00 14.00 1202. City/County Tax/Stamps: Deed 1,150.00• Mortgage 1,150.00 1203. State Tax/Stamps: Revenue Stamps 1,150.00; Mortgage 1,150.00 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest Inspection to 1303. Radon Remediabon to Melanie DeMa n 775.00 1304. Apr. May June Sewer to Upper Allen Tw . Sewer Authority 150.00 1305. 1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K) 3,372.84 10,145.00 By signing page 1 of this statement, the signatories acknowledge receipt of a completed copy of page 2 of this tw) paw statement. Certified to be a true copy. Residential Commercial Abstract, Settlement Agent i (DEMARTYN/DEMARTYN/8) 6 L /) ?? fV-401-*? a-34- )1a 1i - DEED COUNTY-FA '02 APR 26 on a'V5 THIS INDENTURE, made the a ?/ `day of in the year Two Thousand Two (2002). BETWEEN WINDING HILL CENTER, L.P., a Pennsylvania limited partnership, hereinafter the. "Grantor", AND MELANIE A. M. DeMARTYN, adult individual, hereinafter the "Grantee". WITNESSETIJ, That Grantor, for and in consideration of the sum of ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($115,000) and other good and valuable consideration, lawful money of the United States of America, well and truly paid by the Grantee to the Grantor, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the Grantee, her hens and assigns: ALL THAT CERTAIN Unit and property known, named and identified as Unit 5 in the Declaration of Condominium Old Schoolhouse, an Office Condominium located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101 et M., by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration of Condominium Old Schoolhouse, an Office Condominium dated July 27, 1992, and recorded August 12, 1992, in Miscellaneous Book 424, Page 929 and amended by the First Amendment of Declaration of Condominium of Old Schoolhouse, an Office Condominium, dated August 18, 1992 and recorded in the Cumberland County Office of the Recorder of Deeds on November 24, 1992 in Miscellaneous Book 431, Page 1106 and being and designated in such Declaration of Condominium Old Schoolhouse, an Office Condominium, as Unit 5, together with proportionate undivided interest in the Common Elements (as defined in the Declaration of Condominium Old Schoolhouse, an Office . Condominium) of ten percent (10%.) UNDER AND SUBJECT to any and all restrictive covenants, conditions, restrictions, rights-of-way, easements and agreements of record, including, but not limited to those set forth .op,,.the Declaration of Covenants and Restrictions recorded in Miscellaneous Book 405, Page 781, together with the Plats and Plans, which plans are recorded in Plan Book 64, Page 128. BOOK 251 FA:?,0rf7 426998.1 FURTBER UNDER AND SUBJECT to any and all restrictive covenants, conditions, restrictions, rights-of-way, easements and agreements of reedrd also set forth in the Declaration of Condominium Old Schoolhouse, an Office Condominium dated July 27, 1992, and recorded August 12, 1992, in Miscellaneous Book 424, Page 929 and amended by the First Amendment of Declaration of Condominium of Old Schoolhouse, an Office Condominium, dated August 18, 1992 and recorded in the Cumberland County Office of the Recorder of Deeds on November 24, 1992 in Miscellaneous Book 431, Page 1106 - BEING part of the same premises which Cumberland Business Park Associates, a Pennsylvania general partnership, comprised of Winding Hills, Inc. a Pennsylvania corporation and Homestead Service Corporation, a Pennsylvania corporation, by its deed dated July 16, 1991 and recorded January 18, 1991 in the Cumberland County Office of the Recorder of Deeds in Deed Book Y-14 page 356 granted and conveyed unto Winding Hill Center, L.P., the Grantor herein. AND the Grantor, for its successors and assigns hereby covenants and agrees to warrant specially and forever defend all and each of the hereditaments and premises herein above- described and granted, or mentioned and intended so to be, with the appurtenances, against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under it, them or any of them. IN WITNESS WHEREOF, the Grantor, has caused this Deed to be executed the day and year first above written. WITNESS: GRANTOR WINDING HILL CENTER, L. P., a Pennsylvania limited partnership By: _ Winding Hill Manag o Group, LLC By: Eric A. Huck, Manager By: Norman Burkholder, Manager BooK 251L RAGE2078 COMMONWEALTH OF PENNSYLVANIA: ? ,_._-a- SS: COUNTY OF ? On this day of 2002, before me, a Notary Public, the undersigned officer, personally appeared Eric A. Huck who acknowledged himself to be a Manager of Winding Hill Management Group LLC and that he, as such, Manager, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited liability company by himself as Manager. IN WITNESS WHEREOF, I have hereunto set my hand and 0 Public My Commission Expires: ( yI / (SEAL) =Loww =N.NypM, ?lvar1,maton 01 Notaries COMMONWEALTH OF PENNSYLVANIA: n SS: COUNTY OF { wmby Y1 - On this day of 2002, before me, a Notary Public, the undersigned officer, personally appeared N rman,Burkholder who acknowledged himself to be a Manager of Winding Hill Management Group LLC and that he, as such, Manager, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited liability company by himself as Manager. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. V_... y ~ (td y!w!//jj '„?...•..? b Public My Commission Expires: (SEAL) Nolndd Seib.. V AR X Debra K. DonadaA iNobtry PWk Lower Allen Twp., Cumberland County My Conmisston EMpires June 22, 2002 bar, Pennsylvania Association of Nota mox ,` I -PAGE CERTIFICATE OF RESIDENCE I hereby certify that the precise address of the Grantee herein is as follows: Melanie A. M. DeMartyn P. O. Box 485 Lernoyne P 17043 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND RECORDED in the Office of the Recorder of Deeds, etc., in and for said County, in Deed Book No. , Vol. , Page WITNESS my hand and official seal this day of 62002. Recorder of Deeds 3 . ; , : s ... ?w s•ecorded ;;, is?? r:'.?::? iand County, PA C131 we `•`' o.?o? DOW m b . ? ?0 Recorder of Deeds y p ?+ tD C1 sg " X ?- s ++ ?• $' 40 ra ,o„h as y? +? tv _ _ rr .t4L pf?C 4 cnoo?n 1001 ? O G? O Q 4 t ". T O G O CJ Gi S} U I H RECORDATION REQUESTED BY; PNC Bank, National Association Business Banking 4242 Carlisle Pike Camp Hill, PA 17001 WHEN RECORDED MAIL TO: PNC Bank, National Association Attn: PS-PCLC-01-H 2730 Liberty Avenue Pittsburgh, PA 15222 J. EFe' "GJ!(TY - PA •02 flre 26 An e 9's SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY OPEN -END MORTGAGE THIS MORTGAGE SECURES IFUTURt ADVANCES THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE dated April 24, 2002, is made.and executed between MELANIE A.M. DeMARTYN., whose address is 604 WINGERT DRIVE, MECHANICSBURG, PA 17055 (referred to below as "grantor") and PNC Bank, National Association, whose address is 4242 Carlisle Pike, Camp Hill; PA 17001 (referred to below as "Lender'). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, heraditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (Including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in CUMBERLAND County, Commonwealth of Pennsylvania: See EXHIBIT "A", which Is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real. Property or its address is commonly known as 220 CUMBERLAND PARKWAY UNIT #6, MECHANICSBURG, PA 17055. The Real Property tax identification number Is PARCEL #42-26-0243-033. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lander a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. It any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shalt pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain. in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lander in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or '(d any actual or threatened litigation or claims of any' kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lander may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shag be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) 7elease3 and waives any future claims against Lender for Indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lander against any and all claims, losses, liabilities, damages, penalties, and. expenses which Lender may directly or indirectly sustain or suffer Bit 1 756PG3034 EXHIBIT MAR-23-2009 10:53 FROM: TO:7635600 Fidelity: Portfolio Accounts & Trade > HorplGbaaary Pffo??r^^••tfollo Total: $853,450.34' ?@Prnmary Portfono P'arcitians Pe.trolfn Research Portfntlo Analye;ls Statements/ftacerds AccourR Bakfntea Investment Ageounts Brokerage skoWsOj' RatireMont Accounts Salerd Action w Subtotal $531 $5.34 P. 1/1 rdyG I U1 4 Customer Service 1-800-544-WBB Instant Message a keg Sood An E-mail View Quk* Links kenrw lcraQverizon.nat Update ROLLOWA IRA Select Action v $452,432.52 ` Evanoing you need for your IRA Brokerage WW2259 all In ono place ROTH IRA orokmaga X0027 ralect Acton • $2,093.63 From rolling over a 401(k) to opanina ROLLOVER IRA Soled Aelipn S18N,918.88 on IRA, get help with ri all. nrc,lutfoa6 IW5500 The Fidoliiy IRA Center Subtotal $653,445.03 Stock Plans VER90N LTI PLAN SaW Action $000 GTortt or (IONS Plan Sublatal $0.00 PORTF01-110 IWAL $1153,460.34 Name accounts ono customize display • Brokerage accounts roporied as of 0341=9. 3 30am tack ants values repti tod as of pnor business aY sing pnc The Stock plan vok&s displayed arc arrived at using the prior lwsinets: 4% description of the values shown Values may be unvemled and may not raft Plastic refor to the provisions in year k dfvWW Award A9pewent and the of awwgi The provisions in the Awind Agrverrmud urid Yruuk Nlun document sul reflected an fhs wobaita losing price. Click on the Berl oche fty It 0011`411016 withdrawn assets d stock plan document wtrclt govo n the terms of your ,cede my k4wrnsiion iddadN conflicting inrornWrion Workplace Saving$ Plan Netf3t:neibO Tax season Is here - Lot us help Visit our Tax Center to vier, kxnrs am receive a 7urboTax discount Market Update OJIA 7,588.70 280.32 NASDAQ 1,W9A1 St 14 NP 500 799.02 3040 Rue. 3000 40090 17.47 Wd.5= 5,105.64 3W.40 NlldL 225 0,20.53 209.57 Market News Watch List As of X737009.11 11AM ET https,//oltx.fidelity.comtftgwtfbc/ofsummary/s6mmary I 3123/2009 EXHIB Ken ?ll*,16mr `14 3, __--- age -?a? _-------- -- ------ -------- wo, 4 c - -------- ---- ------ -- - - --------- --- NP.- Comm b -_ III's 14 van ;V WA At Mft AA " 'M q fg. no- A I fiAMI 111 W t_ -M l:Vin ' i ? 6r T 2 Lidin0 Room 56f. n}? m_s s1 n b S a Cih IM a?_el , vl- ?i ?l?^W??? ?G?KL WASS ? ?*vP,w?i?mn 4-r eel, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. McCRAE-DeMARTYN, ) Plaintiff ) V. ) KENNETH J. DeMARTYN, ) Defendant ) NO. 2006-6051 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR REVOCATION OF MASTER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff herein, Melanie A. McCrae-DeMartyn, by her attorney, Donald T. Kissinger, Esquire, who respectfully represents that: 1. Plaintiff filed a Motion for Appointment of Master on March 5, 2008, wherein she raised additional claims of divorce, alimony, alimony pendente lite, distribution of property, support, counsel fees, costs and expenses. 2. E. Robert Elicker, II, Esquire was appointed Master in this matter on March 10, 2008. 3. The parties, through their counsel, have resolved all outstanding issues so that the divorce action may proceed pursuant to Section 3301(c) of the Divorce Code. 4. Because there remain no issues to be resolved by the Master, his appointment should be revoked. 5. James A. Miller, Esquire, counsel for Defendant Kenneth J. DeMartyn, joins in the Petition herein and has authorized the undersigned to so state. Respectfully submitted, Z-2 ? Date: d? d?7 C Dona issinger, squir HOWETT, KISSINGER & ST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Melanie A. McCrae-DeMartyn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. McCRAE-DeMARTYN, Plaintiff V. KENNETH J. DeMARTYN, Defendant NO. 2006-6051 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Melanie A. McCrae-DeMartyn, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition for Revocation of Master was served upon E. Robert Elicker, II, Esquire, Master, and James A. Miller, Esquire, counsel for Defendant Kenneth J. DeMartyn, by depositing same in the United States mail, first class, on October 30, 2009, addressed as follows: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle PA 17013 James A. Miller, Esquire MILLER LIPSITT LLC 765 Poplar Church Road Camp Hill, PA 17011 Date: 40 Donald T. Kissinger, Esquire HOWETT, KISSINGER & HO ST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Melanie A. McCrae-DeMartyn FILE:E- - i HIV"E OF THE F^oT! 'C NMARY 20€ 9 NOV -2 PM 1: 19 cuW :1 a #? a ;14?T?' FE#,ii"d Y .VA..Nm 2 NOV 0 3 2009 Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Melanie A. McCrae-DeMartyn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. McCRAE-DeMARTYN, Plaintiff V. KENNETH J. DeMARTYN, Defendant NO. 2006-6051 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this W day of 0 , 2009, the within Petition for Revocation of Master is hereby granted. l Distribution: Robert Elicker, II, Esquire, 9 North Hanover Street, Carlisle, PA, 17013; 717-240-6534 /Ifonald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA, 17108; 717-234-2616 ,,3ames A. Miller, Esquire, 765 Poplar Church Road, Camp Hill, PA, 17011; 717-737-6400 t' ?yt at c Lqx-- C' ll S f U`? FILED-?:' -,RCE i t THE p'?" r 'f)TARY 2009 NOV -5 AM 9: 4 4 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. McCRAE-DeMARTYN, Plaintiff NO. 06-6051 V. KENNETH J. DeMARTYN, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR VACATION OF COURT ORDER RE: EXCLUSIVE POSSESSION The parties, Melanie A. M. DeMartyn (hereinafter referred to as "Wife"), and Kenneth J. DeMartyn (hereinafter referred to as "Husband"), stipulate and agree as follows: WHEREAS the parties to the above-referenced action were married on November 28, 1987 and physically separated on July 2, 2006; WHEREAS on September 29, 2006, the parties entered into a Stipulation for Entry of Court Order Re: Exclusive Possession, in which the parties agreed that Wife would have exclusive possession of the Marital Residence located at 604 Wingert Drive, Mechanicsburg, Cumberland County, until further Order of Court or subsequent agreement of the parties; WHEREAS, on October 25, 2006, the above-referenced Stipulation was entered as an Order of Court; WHEREAS, on this day of 2009, the parties have reached a settlement of all matters attendant to their divorce, including disposition of the Marital Residence, which, pursuant to paragraph 5 of a Marital Settlement Agreement, shall become the sole and exclusive property of Husband, the parties stipulate that they agree to the removal of the Order Re: Exclusive Possession, and the parties agree that this Stipulation shall be effective immediately upon execution hereof, and shall be followed with submission of this Stipulation to the Court for entry of the attached Order; THEREFORE, the parties hereby request that this Honorable Court vacate the Order Re: Exclusive Possession dated October 25, 2006. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. Date: /0 ' Q9 ' 9 ??.ej 4.'??An'j Melanie A. M. DeMartyn Date: 2,W y 1//'V A ')'"4 2 'T" '*' 4 Kenneth J. De yn Al FD--C ?i!`'v pY 2009 NOV 1 6 P ?: 16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. McCRAE DEMARTYN, ) Plaintiff ) NO. 2006-6051 CIVIL TERM V. ) KENNETH J. DEMARTYN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on October 17, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVQRCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court 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. §4904 relating to unsworn falsification to authorities. /?? - Date: /Q •17 - fi* Q, Melanie A. McCrae DeMartyn, Plaintiff ALA r v OF THE PR'-THn' OTARY 2009 NOV 16 Pl 1: 15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. MCRAE DEMARTYN, Plaintiff ) NO. 2006-6051 CIVIL TERM V. ) KENNETH J. DEMARTYN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on October 17, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER QF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court 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. §4904 relating to unsworn falsification to authorities. Dater??q 6 1 %mv&? -t / Kenneth J. artyn, Defendant/ FILED- JfrIG OF THE PPP-" NOTARY 2009 OV 16 PP1 1: 15 JivTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. McCRAE DEMARTYN, Plaintiff ) NO. 2006-6051 CIVIL TERM V. ) KENNETH J. DEMARTYN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE 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(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Carl G. Wass, Esquire on October 30, 2006; Acceptance of Service filed on October 31, 2006. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, October 17, 2009; by defendant, October 29, 2009. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: November 16, 2009; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: November 16, 2009. Date: ///,--70/0?- Donald T. Kissinger, Es re HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Melanie A. McCrae Demartyn ri=1CE ,nF POW 2004 NOV 20 PM 2::0 CUNBA ,`,)UN fY PENNSYLVANIA 1 j NOV 17 2009A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. McCRAE-DeMARTYN, ) Plaintiff ) V. ) KENNETH J. DeMARTYN, ) Defendant ) NO. 06-6051 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW this 1-3 day of '2009, upon consideration of the foregoing Stipulation for Vacation of Court Order Re: Exclusive Possession, the Court hereby ORDERS, ADJUDGES and DECREES that the previous Order, dated October 25, 2006, granting Wife Exclusive Possession of the marital residence is VACATED. J Distribution: Mines ald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA, 17108; 717-234-2616 :?? A. Miller, Esquire, 765 Poplar Church Road, Camp Hill, PA, 17011; 717-737-6400 L ES' /'?a`Z l LL flLM-OrICE .. OF THt PROTHNIOTARY 2004 NOV 18 AM l l: 14 CUM 4. ?,w ?? o-'u • 1 PFINNS LVA 1IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. McCRAE DEMARTYN V. KENNETH J. DEMARTYN DIVORCE DECREE AND Now, N oV t-%,Q 9-41 14, 1 M , it is ordered and decreed that MELANIE A. McCRAE DEMARTYN plaintiff, and KENNETH J. DEMARTYN bonds of matrimony. NO. 2006-6051 CIVIL TERM defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, lv? ?? A\ - Attest: J. rothonotary t