HomeMy WebLinkAbout97-06446
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IN THE COURT OF COMMON FLEAS j"
1
OF CUMBERLAND COUNTY
!?p?r is
STATE OF ,'?1"?4;';??f f I:,ENNA, 1
Vii ,I
Q
MELISA S. BUTLER,
Plaintiff 97-6446 Civil ,
JOEL R. BUTLER,
Defendant- IN D(:VORCE d
t
DECREE IN
DIVORCE
tR
AND NOW, ..... for. z.? >........ 19 it is ordered and
decreed that ......... MELISA.S. BUTLER,.
and JOEL R, BUTLER
.,,.... ................. ......
are divorced from the bonds of matrimony.
The court retains jurisdiction of the followir
been raised of record in this action for which a fi
been entered;
NONE. The terms of the Marital Settlement A
January 12, 1998 are incorporated but not me
11v The Cn
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plaintiff,
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defendant,
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4 clnims which have
lal order has not yet '.'
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Ireement dated
•ged into this Decree.
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c:\rp31\bWleI\IIInu Ole 03.1-11-97.111 Ilcccnlhvl :1,19'1'
MELISA S. BUTLER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. CIVIL ACTION • DIVORCE
NO, 97 • 6446 CIVIL TERM
JOEL R, BUTLER,
Defendant : IN DIVORCE
MAMIAUET_ TLEMENT AGBEEMENT
THIS Agreement made this day of % 19W
by and between MELISA S. BUTLER, of 115 Forge Ro Boiling Spring , Cumberland County,
Pennsylvania, hereinafter referred to as WIFE, and JOEL R. BUTLER, of 115 Forge Road, Boiling
Springs, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined in marriage on
October 8, 1988, in Grantham, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, to No. 976446, Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
and in general, the settling of any and all claims and possible claims against the other or against
their respective estates.
v;\w1i51\bu1l,,r\1uAU Nir N.51'111-07-u1 Ik'ollh', 21 Pi'g'
NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each Intending to be legally bound, hereby covenant and agree as follows:
1, Advice of Counsel; The parties hereto acknowledge that each has been notified
of his or her right to consult with counsel of his or her choice, and have been provided a copy of
this agreement with which to consult with counsel. WIFE is represented by Carol J, Lindsay,
Esquire, and HUSBAND has been advised that he may be represented by counsel of his choice.
Each party acknowledges and accepts that this agreement is, in the circumstances, fair and
equitable, and that it Is being entered Into freely and voluntarily, after having received such advice
and with such knowledge as each has sought from counsel, and that execution of this agreement
is not the result of any duress or undue Influence, and that it is not the result of any improper or
Illegal agreement or agreements.
i'. Divorce: The parties agree to the entry of a Decree in Divorce within 90 days of
service of the Complaint, and the parties will execute Affidavits of Consent and Waivers of Notice
under Section 3301(c) of the Divorce Code, consenting to the entry of a Decree in Divorce.
3. Personal Property; The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be distributed
pursuant to an agreement between the parties as set out on Exhibit "A" attached hereto.
WIFE will retain the 1989 Camry, Within 30 days of the date of this Agreement,
HUSBAND will execute any and all documents to transfer his right, title and interest in said vehicle
to WIFE.
¢:\w1151\bUIW\I11FO 111c #5191 -97 ill I)e,vililivi 1,1.1997
M
HUSBAND shall retain the Volkswagen Truck and the Volkswagen Sirocco,
The parties will close their joint checking account of Farmers Trust Company after
using the funds deposited in that account to pay household bills, Each will retain his or her
individually titled checking and savings accounts, Each will retain his or her own retirement
benefits including pension plans and 401-K plans, WIFE will retain the U.S. Savings Bonds,
acquired during the marriage, and HUSBAND will retain his life Insurance policies and their cash
values.
HUSBAND shall retain the time-share of the parties' at Massunutten, Harrisonburg,
Virginia. Within 30 days of the date of this Agreement, HUSBAND will provide to WIFE whatever
documents are required by the time-share to transfer WIFE's interest to HUSBAND, Thereafter,
HUSBAND will be solely responsible for any obligations on account of the time-share,
4, heal Property: The parties are owners of a home at 115 Forge Road, Boiling
Springs, Pennsylvania. Within 45 days of the date of this Agreement, HUSBAND will refinance the
mortgage on the marital home so that WIFE is no longer liable therefore. On the date of the
refinance, WIFE will transfer to HUSBAND by special warranty deed all her right, title and interest
in the marital home. Nevertheless, WIFE shall have the right to reside in the marital home for up
to 90 days from the date of this Agreement.
5. Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support. The parties acknowledge that each has
sufficient assets with which to maintain themselves after divorce.
c,\w1,31\I)WIIUI\111nu tlIc #5191.97111 O.'ellow, it o'),
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6. Marital Debt: The parties have, in their own names, certain credit card accounts
which may Include soma marital debt. Each party will be responsible for the debt an the credit
card accounts In his or her none, Each party will Incur no debt for which the other may be liable,
and will Indemnify and hold the other harmless for any debt so incurred.
7, Custody: The parties are parents of a child, ROBERT WOLFGANG BUTLER, born
March 1, 1994, The parties shall share legal custody of said child, The child will be in the physical
custody of WIFE during the alternating weeks when she does not work, and with HUSBAND on
alternating weeks when WIFE does work. In the event that either party should be required to work
during his or her period of custody of the child, the other party shall have the opportunity to
provide child care during that time,
The parties shall mutually agree on a daycare provider for the periods of time when
neither party can provide care, and the cost of daycare shall be paid by the party who requires
Its use In order to work. The parties shall equally share time with the child on all holidays with the
exception of Christmas. The child shall be in the physical custody of WIFE from 7:00 p.m, on
Christmas Eve until 10:00 a.m, on Christmas Day, and then in the physical custody of HUSBAND
from 10:00 a.m. on Christmas Day until 5:00 p.m. on Christmas Day. Each party shall have
physical custody of the child for two weeks of vacation from work each year provided each shall
give the other party ten days advance notice of the time during which he or she intends to exercise
this right,
8. Child Support: In consideration of the parties sharing physical custody of their child,
neither will pay to the other child support. WIFE will provide health insurance for the parties' child
and the parties will equally divide any unreimbursed medical expenses of the child.
q;\WI)3I\I)WII¢r\IIh'I Ills #50110111 llc,oldml N TO
9. Modification: No modification, rescission, or amendment of this agreement shall
be effective unless in writing signed by each of the parties hereto.
10. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania,
11. Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any interest of the parties.
12. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or In equity
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
13. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
14. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all time to
come, and for all purposes whatsoever, of and from any and all rights, titles, interests or claims
in or against the property (including income and gain from property hereafter accruing, of the
other) or against the estate of such other, of whatever nature and wheresoever situate, which she
or he now has or at any time hereafter may have against such other, the estate of such other or
any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of
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such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows'
or widowers' rights, family exemption or similar allowance, or under the intestate laws, or the right
to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate In a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any other State, or any other Country, or any
rights which either spouse may have, or at any time hereafter have, for past, present or future
support or maintenance, allmony, alimony pendants lite, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or before the breach of any thereof. It Is the Intention of HUSBAND and WIFE to give to each
other by the execution of this Agreement a full, complote and general release with respect to any
and all property of any kind or nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement, or for the breach of any
thereof, subject, however, to the implementation and satisfaction of the condition precedent as
set forth herein above.
15. BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court costs and counsel fees of the other party. In the event of breach, the
other party shall have the right, at his or her election, to sue for damages for such breach or to
seek such other and additional remedies as may be available to him or her,
et\wj%5I\huIler\mhil 1110 0501-97.111 lh't0pIb01 11,1747
II
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written,
Witness;
. C&l w '?. Cpl ek" (Seal)
Mellsa S. Butler
?? . ?j '•L (Seal)
Joel R. Butler
7
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MELISA S. BUTLER, t
Plaintiff c
Vs,
,
JOEL R. BUTLER,
Defendant t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION • DIVORCE
NO. 97 - 6446 CIVIL TERM
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 Section 3301(c) 3301(d)(1)
of the Divorce Code, (Strike out inapplicable section).
2, Date and manner of service of the
3. (Complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent required,by9Section
3301(c) of the Divorce Code: the Plaintiff // //
; by the Defendant 4/2 8/98
(b) (1) Date of execution of the Plaintiff's affidavit required by
S,ryction 3301(d) of the Divorce Code; n/a
l21 Date of service of the Plaintiff's affidavit upon the
Defendant: n/a
4. Related claims pending, None
5. Complete either (al or (b).
(a) Date and manner of service of the notice of intention to file
praecipe to transmit record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed
with the Prothonotary:
Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with
the Prothonotary:
C rol J•Lindsay, ttorney for Plaintiff
c:\Wh41\bWler\cnngduhtl.dly tile 0491,17.01 Nowiiber Ix•1997
MELISA S. BUTLER, t IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Va. CIVIL ACTION - DIVORCE
NO. 97 - Co 47 qti ) CIVIL TERM
JOEL R, BUTLER,
Defendant : IN DIVORCE
HOTIC?
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 fall to do so, the case may
proceed without you and o decree of divorce or annulment may be entered against you by the Court.
A judgment may also be entered against You for any other claim or relief requested In these papers by
the Plaintiff. You may lose money or property or other rights Important to you, Including custody or
visitation of your children,
When the ground for 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, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR
EXPENSES BEFORE A DECREE OF 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, FOURTt-I FLOOR
CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240.6200
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol 'T, Lin s y, Esquire
ID q 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
i
l8
Date: t M17
_
c.\w1151\bull4r\cunlplubll.dlt Isle #301.17.01 NmcIlOwl Ih OO
MELISA S. BUTLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 97 - (j74/x/(F; CIVIL TERM
V80
JOEL F. BUTLER,
Defendant
IN DIVORCE
COMPLAINT IN DIVOBCF
MELISA S. BUTLER, Plaintiff, by her attorneys, FLOWER, MORGENTHAL, FLOWER &
LINDSAY, P,C., respectfully represents:
1. The Plaintiff Is Melisa S, Butler, who currently resides at 115 Forge Road, Bolling Springs,
Cumberland County, Pennsylvania, where she has resided since Decerber, 1989,
2. The Defendant is Joel R. Butler, who currently resides at •115 Forge Road, Boiling
Springs, Cumberland County, Pennsylvania, where he has resided since December, 1989.
3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth
of Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on October 8, 1988, at Grantham,
Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between the parties
in this or In any other jurisdiction,
6, The Plaintiff avers that she is entitled to a divorce on the ground that the marriage Is
irretrievably broken and Plaintiff is proceeding under Sections 3301 (e) and/or (d) of the Divorce
Code.
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7, Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not
request counseling,
8. Plaintiff requests the Court to enter a decree of divorce,
FLOWER, MORGENTHAL FLOWER & LINDSAY, P,C,
Attorneys for Plaintiff - I -/J? L
By; _
0 Carol I Lln say, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
Date;
I?
1 hereby verify that the statements mule In the within Instrument ore true; and correct
to the best of my knowledge, Information and belief, I understand that false statements herein are
mule subject to the penalties of IH Pu,C,S, Section 4904, relating to unsworn fulsificution to
authorities.
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MELISA S. BUTLER,
Plaintiff
vs,
JOEL R. BUTLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION • DIVORCE
NO, 97 • 6446 CIVIL TERM
IN DIVORCE
tC?ERTIFICATE OF _$ERV-C-E
AND now, this day of CAROL J.
LINDSAY, Esquire, of the law firm of FLOWER, de?GENTHAL, LOWER & LINDSAY, Attorneys,
hereby certify that I served the Defendant, Joel R. Butler, on December 17, 1997, with the
Complaint for Divorce by Certified Mail, Return Receipt Requested, Restricted Delivery, Addressee
Only, addressed to:
Joel R. Butler
115 Forge Road
Bolling Springs, PA 17007
and proof thereof, the signed Return Receipt Card, is attached hereto.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
Carol J. Li dsay, Esquire
ID # 4469
11 East High Street
Carlisle, PA 17013
(717) 243-5513
MELISA S. BUTLER,
Plaintiff
.
Vs.
JOEL R. BUTLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO, 97 - 6446 CIVIL TERM
IN DIVORCE
P R 0 0 F 0j-$jRV CE
1 also With to receive the
i and/or 2 for addltlonal services„
4s. and eb.
3 following earvlces (for an
,
and address on the revere of IN form so Net we cell film INN extra Me):
to the front of the mallPiecs, or on the bed If epics does not 1, C3 Addressee's Address
alpl AlW,' an the rallplecs below IN Sold$ number.
lip, ,I,= to wlwm e» anlds was delivered and the dale 2. Wffeetdcled Delive7
LZS: L -?r ?a )pfLfef lae! a
C3 Registered A CoNfied
v Express Mall 0 Insured
? RetumRecalptfor Merchandise ? COD
7111, too a Iv'}
8. Addressee a Address (Only It requested
and fee is Palo)
8. Slgnaturs: d as ?orn?gonn
PS For 8811, Dscembu 1994
MELISA S. BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 97 - 6446 CIVIL TERM
JOEL R. BUTLER,
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under y 3301(c,) of the Divorce Code was filed on November 19, 1997,
2. The marriage of plaintiff and defendant Is Irretrievably broken and ninety days have elapsed from the date
of filing and service of Ilia Complaint.
Decree.
3. 1 consent to ilia entry of it final Decree In Divorce after service of notice of intention to request entry of the
I verily that the statements made In this Affidavit are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 4904 relating to
unsworn falsification to authorities.
(I
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
53301(c) OF THE DIVORCE CODE
I consent to the entry of a final Decree of Divorce without notice.
2, 1 undorstwid 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. 1 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 in tills Affidavit are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to
unsworn falsification to authorities.
,
Data,
I
MELISA S. BUTLER, ; IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Va. ; CIVIL ACTION - DIVORCE
NO. 97 - 6446 CIVIL TERM
JOEL R. BUTLER,
Defendant ; IN DIVORCE
AFFIDAVIT OF CONSENT
1, A Complaint In Divorce under § 3301(c) of the Divorce Code was filed on November 10, 1087.
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. 1 consent to the entry of a final Decree In Divorce after service of notice of Intention to request entry of the
Decree.
I verily that the statements made In this Affidavit are true and correct to the best of my knowledge, Information
and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 4804 relating to
unsworn falsification to authorities,
[??lC LC
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
63301(c) OF THE DIVORCE CODE
I consent to the entry of a final Decree of Divorce without notice.
2, 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses
It I do not claim them before a divorce Is granted.
3. 1 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.
c;
p,
;:1. verily that the statements made In this Affidavit are true and correct to the best of my knowledge, information
Il!?.-
ahd belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4804 relating to
unsworn falsification to authorities.
Melisa S. Butler, Plaintiff
Date: ~
MELISA S. BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION • DIVORCE
NO. 97 - 6446 CIVIL TERM
JOEL R. BUTLER,
Defendant IN DIVORCE
A_FF
IYIT b CQN.ENJ
1, A Complaint In Divorce under § 3301(c) of the Divorce Code was filed on November 10, 1007.
2. The marriage of plaintiff and defendant Is Irreirlovably broken and ninety days have elapsed from the date
of filing and service of the Complaint.
3. 1 consent to the entry of a final Decree In Divorce after service of notice of Intention to request entry of the
Decree.
I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, Information
and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4004 relating to
unswom falsification to authorities.
Joel R. Butler, Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301La OF THE DIVORCE CODE
I . I consent to the entry of a final Decree of Divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses
It I do not faalm them before a divorce is granted.
3, 1 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 In this Affidavit are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4004 relating to
unsworn falsification to authorities.
?-
Joel R. Butler, Defendant
Date: _?,-l _
.s
MELISA S. BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
va• CIVIL ACTION - DIVORCE
NO. 97 - 6446 CIVIL TERM
JOEL R. BUTLER,
Defendant IN DIVORCE
AFFIDAVLT. OF„ C?QjNSENT
1. A Complaint In Divorce under 5 3301(c) of the Divorce Code was filed on November 18, 1097,
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.
I verify that the statements made In this Affidavit are true and correct to the best of my knowledge, Information
and belief, I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 4004 relating to
unsworn falsification to arithoritles.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
43301 (C) OF THE DIVORCE CODE
I consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 understand that I will not be divorced until a Divorce Decree Is entered by the Court and that a ropy
of the Decree will be sent to me Immediately after It Is filed with the Prothonotary.
I verify that the statements made In this Affidavit are true and correct to the best of my knowledge, Information
and be?ej. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4004 relating to
uK4womdalslffcatlon to authorities.
Joel R. Butler, Defendant
Date:
Cl ?; i U
V ",%* .-
MELISA S. BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff/petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - DIVORCE
NO, 97 - 6446 CIVIL TERM
JOEL R. BUTLER,
Defendant/Respondent IN DIVORCE
ORDER OF COURT
AND now, this '1 day of . ?_.1 ? , 1999, upon consideration
of the attached Motion, it Is hereby directed that the parties an their respective counsel appear before
the conciliator, at ;<-1 \,I MCtW1 ^ ?l 1 lltt \ ?`1 on
the , / _ day of o. I` ) 1999, at I ' ,r{ o'clock -,L,-. m. for a
pre-hearing custody conference. At such conference, an effort will be made to resolve the Issues In
dispute; or If this connot be accomplished, to define and narrow the issues to be heard by the court,
and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order,
For the Court,
BYI
Custody Conclllat
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.
Office of the Court Administrator
Courthouse, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
WITH DISABILITIES ACT OF 1990
AMERICANf
The Court of Common Pleas of
with the Americans with Disabilities
reasonable accommodations available
contact our office. All arrangements
before the Court.
Date
Cumberland County, Pennsylvania, is required by law to comply
Act of 1990. For information about accessible facilities and
to disabled Individuals having business before the court, please
must be made at least 72 hours prior to any hearing or business
By the Court,
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Muller 1willion I'll Jill) 21, 1999
MELISA S. BUTLER,
PlaintifflPetltioner
vs.
JOEL R. BUTLER,
Defondant/Rospondent ;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO, 97 - 6446 CIVIL TERM
IN DIVORCE
PETITION FORMODIFIOATION
NOW comes Melisa S. Butler, by and through her attorneys, FLOWER, FLOWER &
LINDSAY, P.C., and states as follows:
1, The parties hereto are parents of a child, Robert Wolfgang Butler, born March 1,
1994.
2. Pursuant to a Marital Settlement Agreement dated January 12, 1998, the parties
shared legal custody of the child and shared physical custody as well, alternating weeks of time
when the non-custodial parent was working.
3. In April, 1999, primary physical custody of the child was transferred to Petitioner by
Agreement of the parties. Subsequent thereto, Petitioner enjoyed primary physical custody of the
child with periods of partial custody as the parties could agree, typically on alternating weekends.
4. The child will be entering kindergarten In September, 1999. In anticipation of the
need to provide the school with a Custody Order, Petitioner asked Respondent to agree to a
Stipulation for Custody.
5. Respondent has refused to agree to a Court Order which would document the
parties' present custodial arrangement, and, In fact, has Insisted on enforcing the Martlal
Settlement Agreement of January 12, 1998, which was incorporated Into the Decree in Divorce
holler Ir Ilbul 1W ohllllealbm filly 21, 1441
6, Petitioner believes and therefore avers that the best Interest of the child Is served by
continuing primary physical custody of the child with Petitioner because she has served as
primary custodian for the child since birth, because she can best provide for the child's spiritual,
emotional and educational needs, and because she is In a position' most likely to encourage a
good relationship between the child and Respondent,
WHEREFORE, Petitioner prays this Honorable Court to confirm the present custodial
schedule by providing to Petitioner primary physical custody of the child,
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By;
Carol J. L` nd;ay, Esqu
IDP. 4469
11 East High Street
Carlisle, PA 17013
(717) 243-5513
i
VERIFICATION
I, hereby verify that the statements made In the within instrument are true and correct to the best
of my knowledge, information and belief, I understand that false statements herein are made
subject to the penalties of 18 Pa,C,e, Section 4904, relating to unsworn falsification to authorities,
Date; del /1 .1999
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31
MELISA S. BUTLER,
Plaintiff/Petitioner
Va.
JOEL R. BUTLER/
Defendant/Respondent
t IN T11r COURT OF COMMON PLEAS OF
t CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-6446 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
?.' ORDER OF COURT
?Y.' ?i al?n AND NOW, this day of 1999, upon
ctpnsiPq4tion of the attached Custody Conciliation Report, Tt is ordered
and directed as follows:
1. The parties shall submit themselves, their minor Child and any
other individuals deemed necessary by the evaluator, to a custody
evaluation to be performed by Arnold Shienvold, PhD. or other professional
selected by agreement of the parties and counsel. The purpose of the
evaluation shall be to obtain independent professional recommendations
concerning ongoing custody arrangements which will best serve the interests
of the Child. The parties shall be responsible to share all costs of the
evaluation equally.
2. The Mother, Melisa S. Butler, and the Father, Joel R. Butler,
shall have shared legal custody of Robert Wolfgang Butler, born March 10
1994. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding his health, education and religion.
3. Pending completion of the custody evaluation and further order of
Court or agreement of the parties, the parties shall share having physical
custody of the Child on a weekly basis, with the exchange of custody to
take place each week on Monday at 6:00 p.m. The non-custodial parent may
have an additional periods of custody with the Child if that parent is not
working during a time when the child is in the care of a babysitter or
other third party.
4. The Mother shall have custody of the Child during the entire
Thanksgiving break from school in 1999.
5. The non-custodial parent shall be entitled to have liberal and
reasonable telephone contact with the child.
6. This order shall supersede the custody provisions of the parties'
Marital Settlement Agreement dated January 12, 1998 to the extent of any
inconsistency.
7. After completion of the custody evaluation and in the event the
parties are not at that time able to reach an agreement as to ongoing
custody arrangements for the Child, counsel for either party may contact
the Conciliator to schedule an additional Custody Conciliation conference.
8. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the terms of this
order by mutual consent. In the absence of mutual consent, the terms of
this order shall control.
BY THE CoUHT,
cc: Carol J. Lindsay, Esquire - Counsel for Mother
Michael L. Scherer, Esquire - Counsel for Father
MELISA S. BUTLER, c IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner t CUMBERLAND COUNTY, PENNSYLVANIA
c
vs. t No. 97-6446 CIVIL TERM
e
JOEL R. BUTLER, : CIVIL ACTION - LAW
Defendant/Reepondent c IN CUSTgDY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is, as follows: '
NAME DATE OF BIRTH CURRFRMY IN CUSTODY OF
Robert Wolfgang Butler March It 1994 Mother/Father
2. A Conciliation Conference was held on September 15, 1999, with the
following individuals in attendance: The Mother,'Melisa S. Butler, with
her counsel, Carol J. Lindsay, Esquire, and the Father, Joel R. Butler,
with his counsel, Michael A. Scherer, Esquire.
3. The parties agreed to entry of an order in the form as attached.
'99 9 L) ?
Date r Dawn S. Sunday, Esquire
Custody Conciliator
??ls
`?Jri661 Q 7 J15' ..
CA
.
MELISA S. BUTLER, now IN THE COURT OF COMMON PLEAS
MELISA S. MITCHEM, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
CIVIL ACTION - LAW
V.
NO. 97-6446 CIVIL TERM
JOEL R. BUTLER,
Defendant IN DIVORCE
STIPULATION
1. The parties hereto are Melisa S. Mitchem, hereinafter "Mother", who resides at
533 Baltimore Pike, Mount Holly Springs, Pennsylvania 17065 and Joel R. Butler, hereinafter
"Father", who resides at 115 Forge Road, Boiling Springs, Pennsylvania 17007.
2. The parties hereto are parents of a child, Robert Wolfgang Butler, born March 1,
1994.
3. Custody of the child is controlled by a Court Order of September 21, 1999, a
copy of which is attached hereto as Exhibit "X.
4. Mother desires to relocate for her employment to the Charlotte, North Carolina
area.
5. The Court Order of September 21, 1999 shall be amended in the following
SAIDIS,
I IlVDSAY
26 West High Street
Carlisle, PA
particulars:
a. The parties will continue to share legal custody of their child with both
parties having the right to make all major, nonemergency decisions affecting the child's
general wellbeing including, but not limited to, all decisions regarding health, education
and religion.
b. The child will reside primarily with Mother in the Charlotte, North Carolina area.
C. At all times, Mother will keep Father advised of her address and
telephone number and he will be permitted liberal telephone contact with the child.
d. The parties make arrangements for holidays and for summer vacation as
they can agree.
6. The terms of this Stipulation may be entered as an Order of Court.
FLOWER ?
LINDSAY
-MMAW
26 West High Street
Carlisle, PA
Witness
elisa S. Butler, now elissa S. itchem
el R. Butler
MELISA S. BITrLER,
plaintiff/Patitioner
va.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6446 CIVIL TERM
JOEL R. BUTLER, I CIVIL ACTION - LAW
Defendant/Reapondent : IN CUSTODY
ODDER OF COURT
??i?'. AND NOW, this .?. .?? day of 1999, upon
c, ,ai jr.4tion of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The parties shall submit themselves, their minor Child and any
other individuals deemed necessary by the evaluator, to a custody
evaluation to be performed by Arnold Shienvold, PhD. or other professional
selected by agreement of the parties and counsel. The purpose of the
evaluation shall be to obtain independent professional recommendations
concerning ongoing custody arrangements which will best serve the interests
of the Child. The parties shall to responsible to share all costs of the
evaluation equally.
2. The Mother, Melisa S. Butler, and the Father, Joel R. Butler,
shall have shared legal custody of Robert Wolfgang Butler, born March 1,
1994. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding his health, education and religion.
3. Pending completion of the custody evaluation and further Order of
Court or agreement of the parties, the parties shall share having physical
custody of the Child on a weekly basis, with the exchange of custody to
take place each week on Monday at 6:00 p.m. The non-custodial parent may
have an additional periods of custody with the Child if that parent is not
working during a time when the Child is in the care of a babysitter or
other third party.
4. The Mother shall have custody of the Child during the entire
Thanksgiving break from school in 1999.
5. The non-custodial parent shall be entitled to have liberal and
reasonable telephone contact with the Child.
6. This order shall supersede the custody provisions of the partiesO
Marital Settlement Agreement dated January 12, 1999 to the extent of any
inconsistency.
MELISA S. DUTLER? t IN THE COURT OF COMM PLEAS OF
Plaintiff/Petitioner t CUMBERLAND COUNTY, PENNSYLVANIA
. t
Vs. t No. 97-6446 CIVIL TERM
t
JOEL Re BUTLER, t CIVIL ACTION - LAW
Defendant/Respondent t IN CUSTODY
CUSTODY C WILIATICN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULB OF CML PROCEDURE
1915.3-8? the undersigned custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation ia,as foliowat
NAME DATE OF BIRTH CURRENTLY IN CUM= OF
Robert Wolfgang Butler March 1, 1994 Mather/Father
2. A Conciliation OonfeFence was held on September 15, 1999, with the
following individuals in attendancet The Mother,Melisa S. Butler, with
her counsel, Carol J. Lindsay, Esquire, and the Father, Joel Re Butler,
with his counsel, Michael A. Scherer, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
.9 9
Date 't Dawn S. s , Esquire
Custody Conciliator
1
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