HomeMy WebLinkAbout98-01280
SECTION I
INTRODUCTION
THIS AGREEMENT made this PSJ.h day of Februo.tLl- ,2000, by and
between LISA A. TILTON ("Wife") and JOSEPH J. TIL T~
WITNESSETH:
WHEREAS, Lisa A. Tilton, Social Security Number 165-56-6659, was born on August 6,
1964. and currently resides at 404 Cocklin Street. Mechanicsburg, Cumberland County, Pennsylvania
17055,
WHEREAS, Joseph J. Tilton, Social Security Number 315-64-0578, was born on August
4, 1963, and currently resides at 482 North 400 East, Springville, Utah,
WHEREAS, the parties hereto are Husband and Wife, having been married on August 24,
1985, in Camp Hill, Cumberland County, Pennsylvania,
WHEREAS, the parties are the parents of two minor children, namely, John M. Tilton, born
June 6, 1986, and Patricia A. Tilton, born June 4, 1992,
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their
natural lives, and 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, the equitable
distribution of such property; the settling of all matters between them relating to the past, present and
future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the
settling of any and all claims and possible claims by one against the other or against their respective
estates.
NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other
good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree
as follows:
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seem advisable, Wife and Husband shall not molest, harass, disturb, or malign each other or the
respective families of each other nor compel or allempt to compel the other to cohabit or dwell by
any means whatsoever with him or her,
8. MUTUAL R.ELEASES
Except as otherwise expressly provided by this Agreement:
A. Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which either
may have or at any time hereafter have for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and
amendments, as well as under any other law of any other jurisdiction, except and only except all
rights, agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the
other not expressly set forth herein.
B. Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrations, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising, The above release shall be effective
regardless of whether such claims arise out of any former or future acts, contracts, engagements or
liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to
treat a lifetime conveyance by the other as testamentary, or all other rights ofa surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state,
commonwealth or territory or the United States, or any other country. It is expressly understood,
however, that neither the provisions of this release nor the subsequent entry of a divorce decree are
intended to defeat the right of either party to receive any insurance proceeds at the death of the other
of which she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest
or residuary portion of the other's estate under his or her will, or to act as personal representative or
executor if so named by the will of the other, whether such will was executed prior or subsequent to
this Agreement.
C. Except for any cause ofaction for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as are
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benefits and plans and Husband specifically releases and waives any and all interest, claim or right that
he may have to these assets,
The parties further agree that Husband shall retain sole ownership and possession of all of his
retirement benefits and plans, and Wife specifically releases and waives any and all interest, claim or
right that she may have to these assets,
4. AUTOMOBILES
The parties are the owners of various automobiles, Husband and Wife agree that the 1995
Chevrolet Lumina Van shall be the sole and separate property of Wife, and Husband waives any right,
title or interest he may have in this vehicle. Husband and Wife agree that any automobiles in the
possession of Husband shall be the sole and separate property of Husband, and Wife waives any right,
title or interest she may have in these vehicles,
The parties agree to execute the necessary documents to transfer said vehicles, as provided
herein, within fifteen (IS) days of the execution of this Agreement.
5. CASH PAYMENT
Husband shall pay to Wife the sum of Eight Hundred ($800.00) Dollars, The parties agree
that this amount will be transferred to Wife, prior to the transfer of custody in the summer of2000.
This amount shall compensate Wife for the out-of-pocket transportation expenses she incurred with
the children's visit to Utah.
6. CURRENT LIABILITIES
Wife and Husband represent that they have not contracted any debt or liability for the other
for whieh the estate of the other party may be responsible or liable except as otherwise provided
herein, and that except only for the rights arising out of this Agreement, neither party will hereafter
incur any liability whatsoever for which the other party or the estate of the other party will be liable.
Each party agrees to indemnitY and hold harmless from any against all further obligations of every
kind incurred by them, including those for necessities,
13
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J, TILTON,
Plaintiff
NO. 98-1280 CIVIL TERM
v,
CIVIL ACTION - LAW
IN DIVORCE
LISA A, TILTON,
Defendant
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry
of a divorce decree:
PRAECIPE OF TRANSMIT RECORD
1. Ground for divorce:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2,
Date
a.
b.
c,
of filing and manner of service
Date of filing of Complaint:
Manner of service of Complaint:
Date of Service of Complaint:
of the complaint:
March 10, 1998
Acceptance of Service
March 12, 1998
by Defendant's Attorney
3. Date of execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code:
a. Plaintiff: February 5, 2000
b. Defendant: January 29, 2000
OR
Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the
Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the
Defendant:
a. Date of execution: n/a
b. Date of filing: n/a
c, Date of service: n/a
4', Related claims pending:
No issues are pending, All issues have been resolved pursuant to the Marriage
Settlement Agreement between the parties dated February 15, 2000 which Agreement is
to be incorporated into but not merged with the Divorce Decree.
5, Date and manner of service of the Notice of Intention to file Praecipe to Transmit
Record, a copy of which is attached, if the decree is to be entered under Section
3301(d) (1) (i) of the Divorce Code:
a. Date of Service: n/a
b, Manner of Service: n/a
Date
a,
b,
QR
Waiver of Notice in Section 3301(c) Divorce
Plaintiff's Waiver: February 22, 2000
Defendant's Waiver: February 22, 2000
was
filed with the Prothonotary:
DIAN C IFF, ESQUIRE
3448 Road
Camp Hill, PA 17011
Supreme Court 10 # 32112
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IN THE COURT OF' COMMON PLEAS OF'
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J, TILTON,
Plaintiff
v,
NO.9!? - / J,fD (?fC) i ( 'K- R.~
CIVIL ACTION - LAW
DIVORCE
LISA A. TILTON,
Defendant
COMPLAINT
AND NOW, this ____ day of March, 1998, comes the Plaintiff,
JOSEPH J, TILTON, by his attorney, DIANE G, RADCLIFF, ESQUIRE, and
files this Complaint in Divorce of which the fOllowing is a
statement:
COUNT I: DIVORCE
1. The Plaintiff is JOSEPH J. TILTON, an adult individual
residing at 1437 Apple Circle, Mechanicsburg, Pennsylvania
17055,
2. The Defendant is LISA A. TILTON, an adult individual residing
at ll9 North Madder Drive, Mechanicsburg, Pennsylvania 17055.
3. Plaintiff and/or Defendant have been bona fide residents of
the Commonwealth for at least six (6) months previous to the
filing of this Complaint,
4, Plaintiff and Defendant were married on August 24, 1985 at
Camp Hill, Pennsylvania.
5, There have been no prior actions of divorce or annulment
between the parties,
6,
Plaintiff has been advised of the availability of counseling
and the right to request that the Court require the parties to
DIANE G. RADCLIFF
3446 TRINDLE ROAD
CAMP HILL. FA 17011
(7171737.0100
- 2-
DIANE G, RADCLIFF
344B TRINDLE ROAD
CAMP HILL, PA 17011
(7171737.0100
'.
participate in counseling.
7, The Defendant is not a member of the Armed Services of the
United States or any of its Allies.
8. The Plaintiff avers that the grounds on which the action is
based are:
a. That the marriage is irretrievably broken;
Or in the alternative,
b. That the parties are now living separate and apart, and
at the appropriate time, Plaintiff will submit an
Affidavit alleging that the parties have lived separate
and apart for at least two (2) years and that the
marriage is irretrievably broken,
WHEREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant.
COUNT II: EQUITABLE DISTRIBUTION
9. Paragraphs 1 through 8 are incorporated by reference hereto as
fully as though the same were set forth at length,
10, Plaintiff and Defendant have acquired property and debts, both
real and personal, during their marriage from August 24, 1985
until November 13, 1997, the date of separation, all of which
is "marital property",
1l, Plaintiff and/or Defendant have acquired, prior to the
m-rriage or subsequent thereto, "non-marital property" which
has increased in value since the date of marriage and/or
subsequent to its acquisition during the marriage, which
increase in value is "marital property".
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION,
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT,
irretrievably broken, it is denied that the grounds on which the action should be based are either
Section 3301(c) or Section 3301 (d) of the Divorce Code, Specifically, Defendant alleges that the
grounds on which the action should be based are either Section 330 1 (a)(2) or Section 3301(a)(6)
of the Divorce Code, with Defendant named as the innocent and injured spouse,
WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce,
divorcing the Plaintiff and Defendant.
COUNT D: EOUlTABLE DlSTRJBIITlON
9. No answer deemed necessary.
10, Admitted,
II. Admitted,
12. Admitted,
WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital
property and debts of the parties.
NEW MA TIER
COUNT III: DIVORCE
13. Paragraphs One (I) through Eight (8) of the divorce complaint are incorporated herein
by reference as though set forth in full,
] 4. The cause(s) of action and section(s) of Divorce Code under which Defendant is
proceeding are:
A, Section 330] (a)(2), PlaintitT has committed adultery on numerous
occassions and with numerous partners, against Defendant, the innocent and injured
spouse, as to render her condition intolerable and her life burdensome.
B, Section 330] (a)(6). PlaintitT has otTered such indignities to the
Defendant, the innocent and injured spouse, as to render her condition intolerable and
her life burdensome.
WHEREFORE, Defendant requests your Honorable Court to enter a Decree in Divorce,
divorcing PlaintitT and Defendant.
COUNT IV: AI.IMONY
15, Paragraphs One (I) through Eight (8) of the divorce complaint are incorporated herein
by reference as though set forth in full.
] 6. Defendant lacks sufficient property to provide for her reasonable means and is unable
to support herself through appropriate employment.
] 7, Defendant requires reasonable support to adequately maintain herself in accordance
with the standard of living established during the marriage,
WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony in
her favor,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J, TILTON,
Plaintiff
v,
NO. 98-1280 CIVIL TERM
LISA A. TILTON,
Defendant
CIVIL ACTION - LAW
DIVORCE
ORDER FOR APPOINTMENT OF MASTER
AND NOW, this 3 it<"'- Day of '>z-~...J.vAJ _, 199", upon
consideration of the within Motion of Diane G. Radcliff, Esquire,
Attorney for the Plaintiff, IT IS HEREBY ORDERED that E, Robert
Elicker, II, Esquire, is appointed Master with respect to the
following claims:
[xl Divorce
[ 1 Annulment
[xl Al imony
[ 1 Alimony Pendente Lite
[xl Distribution of Property
[ 1 Support
[xl Counsel Fees
[xl Costs and Expenses
BY THE COURT:
JUDGE
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J, TILTON,
Plaintiff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
LISA A. TILTON,
Defendant
MOTION FOR APPOINTMENT OF MASTER
Joseph J. Tilton, Plaintiff, moves the Court to appoint a Master
with respect to the following claims:
[xl Divorce [xl Distribution of Property
[ 1 Annulment [ 1 Support
[xl Alimony [xl Counsel Fees
[xl Alimony Pendente Lite [xl Costs and Expenses
In support of the Motion the Plaintiff states:
1, Discovery is complete with respect to the claims for which the
appointment of the Master is requested,
2, The Defendant [xl has [ 1 has not appeared in the action
[ 1 personally [xl or by her attorney, Kathleen Daley,
Esquire,
3. The statutory ground for the divorce is irretrievable
breakdown under Section 3301(d),
4, Check the applicable paragraphs:
[l The action is not contested,
[l An agreement has been reached with respect to the
following claims:
[xl The action is contested with respect to the following
claims: all claims.
5, The hearing is expected to take one day,
6, Additional information, if any, relevant to the motion: The
parties separated on November 13, 1997, A 330l(d) Affidavit
will be filed on November 15, 1998.
Respectfully submitted,
3
Ca ,A 17011
Phone: (717) 737-0100
Supreme Court ID # 32112
Dated: \(- I ~
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PART II.
EXPENSES
DBSCRIPTION MONTHI.Y AMOtrnT
i10HII BURNSBS.
RENT
FIRST MORTGAGE 1,011.18
SECOND MORTGAGE OR HOME EQUITY LOAN
MAINTENANCE AND REPAIRS 25.00
ELECTRIC 112.50
GAS 37.00
OIL
TELEPHONE 110.00
WATER
SEWER
TRASH
OTHER UTILITIES/SPECIFY
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PUBLIC TRANSPORTATION
LUNCHES
OTHER EMPLOYMENT EXPENSES/SPECIFY
TAXBS. ' , , ,
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REAL ESTATE TAXES 107.25
PERSONAL PROPERTY TAXES
INCOME TAXES NOT WITHHELD
PER CAPITA/OCCUPATION TAXES
INSllRANCS: . ,
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HOMEOWNERS INSURANCE 23.92
AUTOMOBILE INSURANCE 56.67
LIFE INSURANCE 32.30
ACCIDENT INSURANCE
HEALTH INSURANCE
OTHER INSURANCE
SURNSSS: ' , "
AUTOMOBILS , , "
PAYMENTS 390.75
FUEL 70.00
MAINTENANCE AND REPAIR 50.00
DBSCRIPTION
MONTHI.Y AMOUNT
50.00
50.00
150.00
VACATIONS
GIFTS
LEGAL FEES
CHARITABLE CONTRIBUTIONS
OTHER CHILD SUPPORT
OTHER SPOUSAL SUPPORT/ALIMONY
. ~TBJiR . BXPRNSBS
TOTAL BXPBNSBS
$3,213.22
PART III. PROPERTY OWNED
PROPBRTY OllNlD OllNlRSRIP
TYPE DESCRIPTION VALUE H W JT
CHECKING MT. AMERICA 1000 X
SAVINGS MT. AMERICA 150 X
CREDIT UNION
STOCKS/BONDS
REAL ESTATE PERSONAL RESIDENCE UNKNOWN X
OTHER
PART IV. INSURANCE
INSllRANCB COVERAGB
TYPE COMPANY POLICY NO. H W C
HOSPITAL/BLUE
CROSS
MEDICAL/BLUE SELECT MED IHC 024650 X
SHIELD
HEALTH ACCIDENT
DISABILITY
INCOME
DENTAL PROTECTIVE DENTAL CARE X X
VISION
OTHER-SPECIFY
*H=Husbandi W=Wifei J=Jointi C=Child
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PART V.
[Xl
SUPPLEMENTAL INCOME STATEMENT
CHECK HERE IF NOT APPLICABLE
(a) This form is to be filled out by a person:
(1) Who operates a business or practices a profession, or
(2) Who is a member of a partnership or joint venture, or
(3) Who is a shareholder in and is salaried by a closed
corporation or similar entity.
(b) Attach to this statement a copy of the following documents relating to
the partnership, joint venture, business, profession, corporation or
similar entity (check block to indicate the document is attached) :
(1) The most recent Federal Income Tax Return.
(2) The most recent Profit and Loss Statement.
attached
attached
(c) Name of Business:
Business Address:
Business Telephone:
(d)
Nature of Business (check one)
1. Sole proprietorship
2. partnership
3. Joint Venture
[ ] 4. Professional
] 5. Corporation
[ ] 6. Other
(e) Name of accountant, controller or
other person in charge of financial
records:
(f) Business Income:
1. Annual income from business:
2. How often is income received:
3 . Gross income per pay period
4. Net income per pay period
5. Specify deductions, if any:
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form 104D (19')R)
I verify that the facts set forth in the foregoing Income and
Expenses Form, including all attachments thereto, are true and
correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the
penalties of 18 Pa.c.s. 4904 relating to unsWorn falsification to
authorities.
DATE: /44!:
'_ ._h&ooo - -
. . - - '
JOSEPH J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TILION.
PIa ntJ.ff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE/CUSTODY
LISA A. TILTON,
Defendant
ORDER OF CO~
AND NOW, THIS \\1 \~ day of ~'N"\'N-~r ,1997, upon
consideration of the attached Petition, IT IS HEREBY DIRECTED that
the arties nd their respective legal counsel shall appear before
'-'I ~ , the conciliator, at
" on the
1I+h day of 1('~uOO/clock .A..... .m.,
for a Custody Concil At such conference an
effort will be made to resolve the issue in disputei or if this
cannot be accomplished, to define and narrow the issues to be heard
by the Court, and to enter into a temporary order. Either party
may bring the Child or Children who are the subject of this custody
action to the conference, but the child's/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
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~ PA 17013
(717) ~49-3l66
AMERICANS WITH DISABILITIES ACT OF ~
The Court of Common Pleas of Cumberland County is required by law
to comply with the American with Disabilities Act of 1990. For
informatJ.on about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arran~ements must
be made at least 72 hours prior to any hearing or busJ.ness before
the Court. You must attend the scheduled conference or hearing.
FOR THE COURT:
~i~
('1\))
JOSEPH J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TIL'fON'ff
PlaJ.ntJ.
v.
LISA A. TI~~~~ndant
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
CUSTODY PETITION
1. The Plaintiff/Petitioner is JOSEPH JAMES TILTON, residing at
482 North 400 East, Springville, Utah 84663.
2. The Defendant/Respondent is LISA A. TILTON, residing at 404
Cocklin Street, Mechanicsburg, PA.
3. Plaintiff/Petitioner seeks custody of the following children:
NAME PLACE OF RESIDENCE AGE DOB
John Michael Til ton 404 Cocklin Street 12 6/6/86
Mechanicsburg, PA
patricia Ann Tilton 404 Cocklin Street 6 6/4/92
Mechanicsburg, PA
The children were not born out of wedlock.
4.
5. The children are presently in the custody of the
Defendant/Respondent who resides at 404 Cocklin Street,
Mechanicsburg, PA.
6. During the past five years, the children have resided with the
following persons and at the following addresses:
Lisa A. Tilton
Joseph James Tilton
Lisa A. Til ton
Joseph James Tilton
ADDRESSES
404 Cocklin Street
Mechanicsburg, PA
119 North Madder Dr.
Mechanicsburg, PA
119 North Madder Dr.
Mechanicsburg, PA
57 Honeysuckle Drive
Mechanicsburg, PA
- 2 -
DATES
6/98 to
present
11/13/97 to
6/98
6/28/96 to
11/13/97
8/92 to
6/28/96
PERSONS
Lisa A. Tilton
Lisa A. Tilton
7. The mother of the children is Lisa A. Tilton currently
residing at 404 Cocklin Street, Mechanicsburg, PA.
married to the father.
8. The father of the children is Joseph James Tilton currently
She is
residing at 482 North 400 East, Springville, Utah 84663. He
is married to the mother.
9. The relationship of Plaintiff to the children is that of
father.
10. The Plaintiff currently resides with the following persons:
I nnn,
NAMES
I R8LAT'ON'""
n/a
10. The relationship of Defendant to the children is that of
mother. The Defendant currently resides with the following
persons:
NAMES
John Michael Tilton
patricia Ann Tilton
RELATIONSHIP
son
daughter
11. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody
of the children in this or another court.
12. Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this
Commonwealth.
13. Plaintiff/Petitioner does not know of a person not a party to
the proceedings who has physical custody of the children or
claims to have custody or visitation rights with respect to
the children.
- 3 -
14. The best interest and permanent welfare of the children will
be served by granting the father partial custody of the
children in accordance with the relief requested because:
a. The children should have a relationship with their
fatheri
b. The mother has prevented the father from having a
relationship with the children and has denied him partial
custody rights of them and telephone and computer access
with themi
c. The father can provide a loving home for the children and
provide for their emotional, physical and educational
well being.
15. Each parent whose parental rights to the children have not
been terminated and the person who has physical custody of the
children have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant shared legal
and partial physical custody of the children to the Plaintiff in
accordance with the custody schedule attached hereto, marked
Exhibit "AU and made a part hereof.
Respectfully submitted,
FF, ESQU )
ad t
17011
17) 737-0100
17) 975-0697
32112
- 4 -
"
'~
,
then having custody, but to the extent possible, the
Parents shall attempt to make such rules and follow such
schedules as would provide the Children with continuity
regardless of the then existing custodial Parent.
18. Emerg~ncy n~ciRions: Emergency decisions regarding the
Children shall be made by the Parent then having physical
custody, but that Parent shall communicate to the other
Parent the nature and extent of the emergency and shall
provide that other Parent with all information pertaining
to the treatment so that the other Parent may be involved
in the decision making process at the earliest possible
time.
19. COpi~R of nOCllm~ntR: Upon receipt by a Parent, copies of
the Children's school schedules, special events
notifications, report cards and the like shall be
provided to the other Parent. Each Parent shall share
with the other Parent any other information and
documentation, or copies thereof, that each Parent
possesses regarding the Children within such reasonable
time as to make the records and information of reasonable
use to the other Parent.
20. Not i c~ of Act i vi t i ~R: Each Parent shall provide the
other Parent with at least 48 hours advance notice of
school or other activities whenever possible.
21. No n~rogntory ~omm~ntA: Neither Parent shall make any
derogatory comments about the other Parent in the
presence of the Children and to the extent possible shall
prevent third parties from making any such comments in
the presence of the Children.
- 7 -
22. No niRCIIRRion: Neither Parent shall discuss any aspect of
the custodial situation with the Children and shall not
utilize the Children for purposes of conveying
information or inquiries pertaining to the Children to
the other Parent.
23. Appointm~ntR: Each Parent shall notify the other Parent
of any medical, dental, optical and psychological
appointments and/or treatment for the Children
sufficiently in advance thereof so that the other Parent
can attend.
24. Carp Prov; rl~rR: Each Parent shall provide the other
Parent with the name, address and phone number of any
babysitter or other daycare providers that regularly
watch the Children for that Parent.
25. Tpl pphon~ Contact: Both Parents shall be afforded
reasonable telephone contact with the Children while in
the other Parent's custody. Neither party shall block
the other Parent's phone number or otherwise take any
action that prevents that contact from occurring.
Further if the Children are not available to take a phone
call from a Parent, the Parent then having custody shall
see that the other Parent receives a return call from the
Children.
26. Complltpr Contact: Both Parents shall be afforded
computer e-mail and instant messaging contact with the
Children while in the other Parent's custody. Neither
party shall block his or her computer, intercept e-mail
messages and fail to deliver the same to the Children or
otherwise take any action that prevents that contact from
- 8 -
occurring.
27. Temporary AhRence from Commonwealth: If either Parent
intends on removing the Children from the Commonwealth of
Pennsylvania for a period in excess of forty-eight (48)
hours that Parent shall provide the other Parent with the
address and phone number where the Children can be
reached during the period of absence.
28. Re'o~ation: Neither Parent shall remove the Children from
the jurisdiction of the Court of Common Pleas of
Cumberland Pennsylvania on a permanent basis without
providing the other Parent with at least ninety (90) days
advance notice thereof. Said ninety (90) day time period
is designed to allow the Parents to negotiate a
modification of this Stipulated Agreement and in absence
thereof to be able to Petition the Court for a
modification if the same is appropriate under the
circumstances.
B. PHYSrCAL CUSTODY:
The Parents shall share physical custody of the Children in
accordance with the following schedule:
1. Primi'lry PhYRici'l' CtlRtorly: Mother shall have primary
physical custody of the Children subject to Father's
rights of partial custody hereafter set forth. Mother's
custodial periods shall be at all times not specifically
reserved for Father as set forth in Paragraph 2. herein.
2. Partial Physical Custody: Father shall have rights of
partial custody of the Children in accordance with the
following schedule:
- 9 -
d. Weekends: Father shall have custody of the Children
for any weekend that he is in the Mechanicsburg,
Pennsylvania area upon seven (7) days advance
notice to Mother.
e. !'lummers: Father shall have custody of the Children
for the school summer vacati.on period, from the
first day of the school summer vacation period
through the Sunday before the last full week
(Sunday through Saturday) of the summer school
break.
f. Th"nkRg; v; ng: Father shall have custody of the
Children for the Thanksgiving school break each
year from the Wednesday before Thanksgiving through
the last day of the Thanksgiving school break.
g. Chr;Rtm"R: Father shall have custody for the
Christmas school break each year. In odd numbered
years his custodial period shall commence on the
evening of the last day of school before the
Christmas school break and shall end on the last
day of the christmas school break. In even
numbered years his custodial period shall commence
on December 26th and shall end on the last day of
the Christmas school break. Mother shall have
custody during the remaining portion, if any, of
the Christmas school break.
h. spr;ng/F."Rter Rre"k: Father shall have custody of
the Children for the entire Spring/Easter school
break each year from last day of school before the
before the Spring/Easter school break through the
- 10 -
last day of the Spring/Easter school break.
i. Sp~r.in] Trnnsportntion ProviRionA: Since it is
envisioned that the Children will be traveling by
airplane for the custodial exchanges, the parties
shall modify any of the exchange dates herein
provided so as to enable Father to make reasonable
transportation arrangements.
C. MISCELLANEOUS CUSTODY TERMS,
1. TrnnRportnt i on: The transportation necessary for the
custodial exchanges herein set forth shall be shared by
the Parents with the Parent receiving custody at each
custodial exchange providing the transportation. The
costs of all airline transportation shall be shared
equally by the parties. To the extent possible, Father
shall make the transportation arrangements sufficiently
in advance so as to take advantage of reduced rate
airline fares.
2. Monifir.ntion: The Parents shall be at liberty to modify
the custodial periods herein provided to accommodate
their respective schedules and special events, subject
nonetheless in all respects, to the mutual agreement of
the Parents for any such modifications.
BY THE COURT:
J.
- 11 -
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.'" ',. "", .,' J:t'''I'''''lt\~~._..,. rIJ"'I\,...'.""!J....J,..,Jo~,.,1.....)-.,.. ,\,..\,~N"'f"~I"I.'''..''',,.'_l., \..
. "~'''~'.'. ".,'y;.'...."',. .....1.._.~.'~,.,'~~~~',.,,'. I..,."""
B. CHILDREN OF THIS MARRIAGEl
NAME AGE DATE OF BIRTH CUSTODIAN/EMANCIPATION
John Michael Tilton 12 6/6/86 Wife
Patricia Ann Tilton 6 6/4/92 Wife
COMMENTS l
Custody Action instituted by Husband is pending
Husbana currently has a support credit of $3,907.78
C. MARRIAGE INFORMATIONl
DATE OF MARRIAGE
PLACE OF MARRIAGE
DATE OF SEPARATION
CIRCUMSTANCES OF SEPARATION
8/24/85
Camp Hill, PA
11/13/97
Husband left
D. PRIOR MARRIAGES:
I WIFE
HUSBAND
I~
j:::::::LDREN 0' OTHER RELATTOR'KI:',....,AGE"
F. PROCEEDINGS INFORMATION:
PLAINTIFF:
DEFENDANT:
DATE ACTION COMMENCED:
DATE OF SERVICE OF COMPLAINT:
MANNER OF SERVICE OF COMPLAINT:
ISSUES RAISED IN DIVORCE
COMPLAINT:
DATE OF FILING OF ANSWER AND/OR
ANSWER AND COUNTERCLAIMl
Joseph J. Tilton
Lisa A. Tilton
March 10, 1998
March 12, 1998
Acceptance of Service by Defendant's
Attorney, Kathleen Carey Daley, Esq.
Divorce and Equitable Distribution
September 13, 1999
Page 3
II. MARI.TAL_ASSE'l'S-ANILDEB.TS-l.
The following is a listing of the marital assets and debts of the parties:
ITEM DESCRIPTION OF PROPERTY OR DATE OF VALUE VALUE TO VALUE TO
NO. LIABILITY VALUE HUSBAND WIFE
1- REAL ESTATE AND REAL ESTATE
MORTGAGES
119 N. Madder Drive sale date 0.00 0.00 0.00
Mechanicsburg, PA
2. MOTOR VEHICLES AND VEHICLE
LIENS
a 1995 Chevy Lumina Van 11/97 15,000.00 15,000.00
a.1 PSECU Van Loan 11/97 (6,800.00) (6,800.00)
b 1975 VW Beetle 11/97 1,500.00 1,500.00
c 1985 Suzuki Motorcycle 11/97 1,000.00 1,000.00
3. CHECKING ACCOUNTS AND CASH
a Dauphin Deposit Checking 11/97 5,000.00 1,500.00 3,500.00
Account
4. SAVINGS ACCOUNTS, MONEY
MARKET, AND SAVINGS
CERTIFICATES
a Dauphin Deposit Savings 11/97 unknown 0.00 Unknown
Account
5. RETIREMENT PLANS AND IRA
ACCOUNTS
a Husband's 40lK Plan upon 15,482.83 15,482.53
receipt
6. HOUSEHOLD GOODS AND
FURNISHINGS (ATTACHED LIST
IF IN DISPUTE)
Household Goods in Husband's 11/97 l,150.00 l,150.00
Possession
Household Goods in wife's 11/97 19,000.00 19,000.00
Possession
7. CREDIT CARDS
a GM MasterCard 11/97 (1,500.00) (1,500.00)
note: Wife also made an
additional $2,000.00 in cash
advance charges on this
account post separation
b JC penneys 11/97 (768.00) (768.00)
Page 5
"ITBM DBSCRIPTION OF PROPBRTY OR DATB OF VALUE VALUE TO VALUE TO
':NO. LIABILITY VALUE HUSBAND WIFB
c SEARS 11/97 (1,800.00) (1/800.00)
d LOWES 11/97 (700.00) (700.00)
e CITICORP 11/97 (3,500.00) (3,500.00)
Note wife charged an
additional $2,000 post
separation
TOTALS
43,064.83 15/864.53 27,200.00
Page 6
III.
LIS.T.IN.(LO.E.Jl.ERs..OBAL~O-EER'l'.Y
The following is a listing of the personal property of the parties:
PROPERTY IN THE POSSESSION OF HUSBAND
Miscellaneous tools
Used Furniture
Treadmill
Total
estimate
estimate
estimate
500.00
300.00
350.00
1,150.00
BASIS FOR
EXCLUSION IF
CLAIMED TO BE NON
MARITAL
n/a
n/a
n/a
DESCRIPTION
METHOD OF
VALUATION
EVIDENCE TO BE
SUBMITTED IN
SUPPORT OF
VALUATION
n/a
n/a
n/a
VALUE
PROPERTY IN THE POSSESSION OF WIFE
DESCRIPTION METHOD OF EVIDENCE TO BE VALUE BASIS FOR
VALUATION SUBMITTED IN EXCLUSION IF
SUPPORT OF CLAIMED TO BE NON
VALUATION MARITAL
Diningroom estimate n/a 5,000.00 n/a
Set (purchased just
before separation)
3 TVSi 2 VCRSi stereo estimate n/a 2,500.00 n/a
formal living room estimate n/a 2,000.00 n/a
furniture
family room estimate n/a 1,500.00 n/a
furniture: 2 couchesi
love seat and tables
kitchen furniture and estimate n/a 3,500.00 n/a
ap~liances 3
re rigerators
lawn tools and estimate n/a 500.00 n/a
equipment
children's furniture estimate n/a 1,000.00 n/a
computer and scanner estimate n/a 1,500.00 n/a
miscellaneous estimate n/a 1,500.00 n/a
household goods
total 19,000.00
Page 7
IV. MARITAL DEBTS
The following is information pertaining to the parties' marital debts:
-,
I
I
DESCRIPTION PURPOSE DATE INITIAL SEPARATION PAYMENTS SUPPORTING
INCURRED DEBT DATE AMOUNT SINCE EVIDENCE
AMOUNT SEPARATIO
N
PSECU Vehicle Purchase of 1995 unknown 6800 all made none
Loan Lumina Van by wife
GM MasterCard misc various unknown (1,500.00) all made all in
charges Note: wife by wife's
took cash husband possession
advance of
$2,000 post
separation
bringing the
balance to
$3,500.00
JC Penneys misc various unknown (768.00) all made all in
charges by wife's
husband possession
SEARS misc various unknown (1,800.00) all made all in
charges by wife's
husband possession
LOWES misc various unknown (700.00) all made all in
charges by wife's
husband possessio
n
CITICORP misc various unknown (3,500.00) all made all in
charges Note wife by wife wife's
charged an possession
additional
$2,000 post
separation
V. PENSIONS AND RETIREMENT BENEFITS
The following is a listing of the pensions and retirement plans of the parties:
PARTY
DESCRIPTION
VALUE
SUPPORTING EVIDENCE TO BE
SUBMITTED
HUSBAND:
Husband's 401K Plan
15,482.83 1998 Income tax return
PARTY
DESCRIPTION
VALUE SUPPORTING EVIDENCE TO BE
SUBMITTED
WIFE:
none known
unknown none
Page 8
DESCRIPTION
BASIS OF CHARGES DATES
$ISO.OO Per Hour n/a
Actual Cost n/a
Hourly Rate And n/a
Actual Cost
AMOUNT
n/a
n/a
n/a
"':'"- '...-'...
VIII.
.CQUNS.EL_EEES
The following is a listing of the Counsel fees and expenses incurred by the
filing party if a claim has been made for Counsel Fees and Costs:
COUNSEL FEES
COSTS
ANTICIPATED FEES AND COSTS
ITEMIZATION OF SERVICES RENDERED
n/a; no claim for fees has been made by
husband
IX.
EXPERT WITNESSES
The following is a listing of the anticipated experts who will be called to
testify in this case:
NAME
SUBJECT OF TESTIMONY
REPORT ATTACHED REPORT TO BE
SUPPLIED
None Known at This Time
None Available To Be
at This Time Supplied as
Soon as
Available
Report to describe witness qualifications and experience and state the substance of
the facts and opinions to which the expert is expected to testify and a summary of
the grounds of each opinion.
To Be Determined
Additional experts who may be called to testify are not known at this time.
There is a reservation of the rIght to call additional expert witnesses upon proper
notification to the other party once those expert ~Iitnesses are identified and
retained.
[. ,
'I
'j
Ii;,
0:
Page 10
ITEM DESCRIPTION OF PROPERTY OR DATE OF VALUE VALUE TO VALUE TO
NO. LIABILITY VALUE HUSBAND WIFE
b 1975 VW Beetle 11/97 1,500.00 1,500.00
c 1985 Suzuki Motorcycle 11/97 I,OOO.OO 1,000.00
3. CHECKING ACCOUNTS AND CASH
a Dauphin Deposit Checking 11/97 5,000.00 1,500.00 3,500.00
Account
4. SAVINGS ACCOUNTS, MONEY
MARKET, AND SAVINGS
CERTIFICATES
a Dauphin Deposit Savings 11/97 unknown 0.00 Unknown
Account
5. RETIREMENT PLANS AND IRA
ACCOUNTS
a Husband's 401K Plan upon 15,482.83 15,482.83
receipt
6. HOUSEHOLD GOODS AND
FURNISHINGS (ATTACHED LIST
IF IN DISPUTE)
Household Goods in Husband's 11/97 l,150.00 1,150.00
Possession
Household Goods in Wife's 11/97 19,000.00 19,000.00
Possession
7. CREDIT CARDS
a GM MasterCard 11/97 (1,500.00) (1,500.00)
note: Wife also made an
additional $2,000.00 in cash
advance charges on this
account post sGparation
b JC penneys 11/97 (768.00) (768.00)
c SEARS 11/97 (1,800.00) (1,800.00)
d LOWES 11/97 (700.00) (700.00)
e CITICORP 11/97 (3,500.00) (3,500.00)
Note wife charged an
additional $2,000 post
separation
TOTALS
43,064.83 15,864.83 27,200.00
50% OF TOTAL 21,532.42 21,532.42 21,532.42
CASH ADJUSTMENT 5,667.59 (5,667.59)
Page 12
XII. P-ROP-O~ED-EXHIBIXS
The following pages (or a supplement to this Pre-Trial Statement) contain a listing
and copies of the available proposed exhibits to be submitted at the hearing in this
case. There is a reservation of the right to submit additional exhibits upon proper
notification to the other party.
NO. DESCRIPTION ATTACHED TO BE
SUPPLIED
1 HUSBAND'S INCOME AND EXPENSE STATEMENT X
2 HUSBAND'S PAY STUBS X X
3 HUSBAND'S FEDERAL INCOME TAX RETURNS X - 1998 1999 WHEN
FILED
4 WIFE'S INCOME AND EXPENSE STATEMENT X
S WIFE'S PAY STUBS X
6 WIFE'S FEDERAL INCOME TAX RETURNS X
7 WIFE'S COUNSEL FEES BILLS X
8 VAN VEHICLE APPRAISAL AND LOAN DOCUMENTS X
9 VW VEHICLE APPRAISAL X
10 SUZUKI MOTORCYCLE APPRAISAL X
11 DAUPHIN DEPOSIT CHECKING ACCOUNT STATEMENT X
12 DAUPHIN SAVINGS ACCOUNT STATEMENT X
13 HUSBAND'S 40lK PLAN DOCUMENTS X
14 HUSBAND'S LISTING AND VALUATION OF PERSONAL PROPERTY X
IS GM MASTERCARD STATEMENTS X
16 PENNEYS CREDIT CARD STATEMENTS X
17 SEARS CREDIT CARD STATEMENTS X
18 LOWES CREDIT CARD STATEMENTS X
19 CITICORP CREDIT CARD STATEMENTS X
, .
I '
i' '
DBSCRIPTION MONTHLY AMOUNT
LICENSE AND REGISTRATION 23.92
IIBD:ICAL 1aPJlNSBS':NOT RBIKBDRSBD, BX:mSl!RANCE.:, " :1
DOCTOR
OPTICAL
DENTAL
ORTHODONTIC
HOSPITAL
MEDICINE
SPECIAL NEEDS/THERAPY ETC.
, :', ' , .>'\';,'i\,' 'Y'. "~;. " , :; :,:(" :; ..
'BDU~ONAL.'BXP.BNSES,..,:, '."., .,'~_:,' ',' ,.' ;
PRIVATE SCHOOL
PAROCHIAL SCHOOL
COLLEGE/VOCATIONAL ,
RELIGIOUS TRAINING/EDUCATION
BOOKS/FEES AND SUPPLIES
OTHER EDUCATIONAL EXPENSES
, ':"" "<': ',:','" ..:. Ii,
PBRSOlDlIi:,JCCl'ImSBS::.,: ". ~;':'.:.:'"'i " ',;' :" . ,
CLOTHING 50.00
FOOD 300.00
BARBER AND HAIR DRESSER
CREDIT CARDS 350.00
MEMBERSHIPS
OTHER PERSONAL EXPENSES/SPECIFY
IiOlm&'" ,." :':,: ':', .:, 4'::'.',~-} ',;,~~:~;\~::;S :':; f;~;r ~~~~~~.~";;:~ 1\ ~L ,-::':.~ !-~;r~;~' . , ;, " ., ;;:)r.,;:>.:',\j".:""') ;~:',.,
. " "'l'';,~
1. HOUSEHOLD FINANCE 100.73
2 .
M:ISmlr.r.>umOUS' '.mENSBS~:/::';.; J' 'j ,::;, ~. ' . , .. ..,.,,;.<;, "Ii .. "
'''.''''''
HOUSEHOLD HELP
CHILD CARE
NEWSPAPERS/MAGAZINES/BOOKS 10.00
ENTERTAINMENT 75.00
PAY TV 27.00
; i
, .
PART V.
[Xl
SUPPLEMENTAL INCOME STATEMENT
CHECK HERE IF NOT APPLICABLE
(a) This form is to be filled out by a person:
(1) Who operates a business or practices a profession, or
(2) Who is a member of a partnership or joint venture, or
(3) Who is a shareholder in and is salaried by a closed
corporation or similar entity.
(b) Attach to this statement a copy of the following documents relating to
the partnership, joint venture, business, profession, corporation or
similar entity (check block to indicate the document is attached):
(1) The most recent Federal Income Tax Return.
(2) The most recent Profit and Loss Statement.
[ ] attached
[ ] attached
(c) Name of Business.
Business Address.
Business Telephone.
(d) Nature of Business (check one)
[ ] 1. Sole proprietorship
[ ] 2. Partnership
[ ] 3. Joint Venture
[ ] 4. Professional
[ ] 5. corporation
[ ] 6. Other
(e) Name of accountant, controller or
other person in charge of financial
records.
(f) Business Income.
1. Annual income from business:
2. How often is income received:
3. Gross income per pay period
4. Net income per pay period
5. Specify deductions, if any.
IIIIII11
co FILt Ot"r, CL'A.~ VCllIUIU.
BVJ 000560 100117 00004900~~
PROFESSIONAL MARKETING INC.
261 SOUTH 1350 EAST 1.800.860.8068
LEHI. UTAH 84043
Socral Security Number; 315.~.057e
Taxable MarItal Stalutl, SIng!e
EJ(empllons,IAlIowances:
Federal: 4
Slate, 4
Earnlnqs rat. hours this porlod yea, to date
Commission 1.915.20 50.784.20
Retention -191.52 -6.051. 36
Splffs 75.00 1.489.80
Relent Payback 1.497.87
Groas Pay $1,798.68 47.720.51
Deductions Stalutory
Federal Income Tax .379.81 7.990.06
Social Security Tax .111.01 2.945.44
MedIcare Tax .25.96 688.85
UT State Income Tax .103.82 2.160.48
Other
Denial Cafe .8.29. 213.48
SpIff .75.00 1.489.80
V .907.91
Wage Asslgnmenl .166.68 3.805.24
Mlsc 12.00
Water Cooler 10.00
Net Pay 50.00
. Excluded from lederal laxable wages
Your federal taxable wages this penod are
51. 790.39
Earnings Statement
Period Ending;
Pay Dale.
11/271'999
121'01'999
JOSEPH J TILTON
482 N 400 E
SPRINGVILLE,UT 84663
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~',,"ri"'lt d.nllr.tlo" ',Ilnwn"" Ih" I..rt, But ""'lln..I'ilr:lhll". Ie. 11m: (flUI :".1,'11',.'11111
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,:" ," ~,'t'I !"'~ I!If" .A"1.1ht>t!1 In the In!.tlUttions 'Of the ,&fI\:::llnl 10 ,rlN 38
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< , ...t: ellOl d _ rorm (spec,fV) ~ .7
" :,' I,:,," ;, INlllJ,l! t,I 'I'tO:;~;SI~)'tlUllol.lcr'dth
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. . :~:;;;1C'1~11;:- ^U;lch ~c,",edlJ'e SE
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'.: . . ,"'y,ll\rl MM".lIfll,u en lip income net "pc'ltee l:'impln.,..r '\1I~'1l flllm 4:37
,0, ,I\r., I'll! ,1:1 ".:Inemanl plans, and M5Ar, A";lr.~, r~rm 53::''911 rCQUl!~f1
'.I\ql' '.'ilr~11ll'.. ,lInt' cr6ult D;Jyments IrClm rormlS) W.2
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t,:.I1.,,~t';~,~,lh.-:I~"'lIllntJll.n .... , ." ' - "..,.., _.:
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:'. ','.I t'" " "I~II4J; ~!Ir !1'~ .3'10 .3mounl.3pplted Irom ~~1..11i1ll ",I 58
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I -: I',j' ~ ,. _ _ _ _ .. _ _ _ _ _ " .. _ _ _ . .__ 0___.....-1
. "10" . '0' rlll..l!ily. ','Hill!. A1lii,;11 r.'urm 881~ 60
- ~jll' ;~Hld W',:", f ~'rm ~t'~ (request tor eli1p.r..llIOr'l) 61
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$1:".,10-1: ..1' ~Q:!S.:. AM
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"
"LE DEPI, CLOCK NUMBER
:1 ,'J O~OS60 100117 00000 116018
'A:1J
.
Earnings Statement
"'iO':IISSIONAL MARKE:T/NI3/NC.
."" SOUTH I.1SIlFA!;r 1.800.860.8068
d:HI. UTAH 810./3
'~ : .:e: Stlcurllv Numbor. 3IS.64.0578
\,lbrft Mn'llnl Stftlus: Smgle
" . "."plh,nc/,Allowancec;
':~'JtJruJ 4
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CommIS'Il" ,
RelenhoM
SpiN.
r.te hours
,.
~OB3 Pay
Oedur::flC<f': .~_::,.lrulnry
I ,,:ernl Income Tax
;.,,'"'01 Securay Tax
:,'Qjlcare T01X
I. ," Sr.:'lte lncomo Tax
Uthor
: '.,,'uat Cafe
" -,!,!
, . . J~ Assignmenl
Fv_~ Pay .
Ihla Porlod
411.40
-53.49
20.00
"':"$Jn ,91 "
'16.77
'23.20
-5.43
-11.77
.3.63"
.20.00
-130.00
":::'$1C57.11 '
Period Ending:
Pay Dale:
08/14/1 999
08t:!7/1999
JOSEPHr'!!:';f.L TON
482 N 40C:.':E::"
SPRINGVILLE, UT 84663
Y.lr to dlle
18.825.73
-2.447.38
390.00
16.768.35
3,372.52
1,036.71
242.46
948.72
47.19
390.00
428.04
,. ~xcludad from fedora' lllXllblo WDgDS
"our federal taxable wages Ihis period are $374.28
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~LAINT~FF~S_LIST~NG_O~_~ERaONAL-ERO~ER~
PROPERTY IN THE POSSESSION OF HUSBAND
DESCRIPTION METHOD OF EViDENCE TO BE VALUE BASIS FOR
VALUATION SUBMITTED IN EXCLUSION IF
SUPPORT OF CLAIMED TO BE NON
VALUATION MARITAL
Miscellaneous tools estimate n/a 500.00 n/a
Used Furniture estimate n/a 300.00 n/a
Treadmill estimate n/a 350.00 n/a
Total 1,150.00
PROPERTY IN THE POSSESSION OF WIFE
DESCRIPTION METHOD OF EVIDENCE TO BE VALUE BASIS FOR
VALUATION SUBMITTED IN EXCLUSION IF
SUPPORT OF CLAIMED TO BE NON
VALUATION MARITAL
Diningroom estimate n/a 5,000.00 n/a
Set (purchased just
before separation)
3 TVSi 2 VCRSi stereo estimate n/a 2,500.00 n/a
formal living room estimate n/a 2,000.00 n/a
furniture
family room estimate n/a 1,500.00 n/a
furniture: 2 couchesi
love seat and tables
kitchen furniture and estimate n/a 3,500.00 n/a
appliances 3
refrigerators
lawn tools and estimate n/a 500.00 n/a
equipment
children's furniture estimate n/a 1,000.00 n/a
computer and scanner estimate n/a 1,500.00 n/a
miscellaneous estimate n/a 1,500.00 n/a
household goods
total 19,000.00
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seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the
respective families of each other nor compel or attempt to compel the other to cohabit or dwell by
any means whatsoever with him or her.
8. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
A. Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which either
may have or at any time hereafter have for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of ] 980, its supplements and
amendments, as well as under any other law of any other jurisdiction, except and only except all
rights, agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the
other not expressly set forth herein.
B. Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrations, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts, contracts, engagements or
liabilities or the other or by way of dower, curtesy, widow's rights, fami]y 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 state,
commonwealth or territory or the United States, or any other country. It is expressly understood,
however, that neither the provisions of this release nor the subsequent entry of a divorce decree are
intended to defeat the right of either party to receive any insurance proceeds at the death of the other
of which she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest
or residuary portion of the other's estate under his or her will, or to act as personal representative or
executor ifso named by the will of the other, whether such will was executed prior or subsequent to
this Agreement.
C. Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as are
6
. . "' . - -'.:....--=~.. - -
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"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J. TILTON,
Plaintiff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE AND CUSTODY
LISA A. TILTON,
Defendant
CUSTODY ORDER
AND NOW, this ~ day of \)~\ 2000,
upon consideration of
the within Stipulation executed by Lisa A. Tilton ("Mother") and
Joseph J. Tilton ("Father") (sometimes individually "Parent" and
collectively "Parents") pertaining to their minor children: John
Michael Tilton, born June 6, 1986 and patricia Ann Tilton, born
June 4, 1992 ("the Children"), IT IS HEREBY ORDERED AND DECREED as
follows:
1. LEGAL CUSTODY:
Legal custody of the Children shall be shared equally between
the Parents to assure neither Parent shall br foreclosed in
participating in all decisions affecting the maintenance,
support, education, health, safety and welfare of the Children
during their minority.
In addition to any provision which may be contained herein
regarding custody, both Parents shall have the following
rights with respect to the Children: reasonable telephone
calling privilegesi access to report cards and other relevant
information concerning the progress of the Children in schooli
approval of extraordinary medical and/or dental treatment
provided that such approval shall not be unreasonably
withheld.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J. TILTON,
Plaintiff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE AND CUSTODY
LISA A. TILTON,
Defendant
CUSTODY "ORDER
AND NOW, this Jj!!:, day of .rY\a.re.h, 2000, upon consideration of
the within Stipulation executed by Lisa A. Tilton ("Mother") and
Joseph J. Tilton ("Father") (sometimes individually "Parent" and
collectively "Parents"). pertaining to their minor children: John
Michael Tilton, born June 6, 1986 and Patricia Ann Tilton, born
June 4, 1992 ("the Children"), IT IS HEREBY ORDERED AND DECREED as
follows:
1. LEGAL CUSTODY:
Legal custody of the Children shall be shared equally between
the Parents to assure neither Parent shall br foreclosed in
participating in all decisions affecting the maintenance,
support, education, health, safety and welfare of the Children
during their minority.
In addition to any provision which may be contained herein
regarding custody, both Parents shall have the following
rights with respect to the Children. reasonable telephone
calling privilegesi access to report cards and other relevant
information concerning the progress of the Children in schooli
approval of extraordinary medical and/or dental treatment
provided that such approval shall not be unreasonably
withheld.
---------.,-....,. -+0' ..0___..
2. PHYSICAL CUSTOD~1
1. Maioritv Phvsical Custod~: Mother shall have majority
physical custody of the Children.
2. Partial Phvsical Custody: Father shall have periods of
liberal partial physical custody of the Children as
follows:
a. Alternate 'i'hanksgi ving holiday; beginning 'with' the' __
year 200li
b. Alternate Christmas hOliday, beginning with the
year 2000i and
c. Six (6) consecutive weeks during the summer
Isl ~8JJ -If ../]"I:/-
J.
BY THE COURT:
-rr-'IJr: i,,",~."In". ,0"-"''',1 It''':'......)!'IO
~ .\" ~ ,..."It . .1 j ",\.f,
In l'c:;/;/:i()f". who ..: 'Ili'~ ~"r my hand
"lid 1/)0 silal of: "_~:', i 0' Cilr/;,Ie ['il.
r;f;;j~i; !!{!j(L~:~~~. elf
~ry~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J. TILTON,
plaintiff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
LISA A. TILTON,
Defendant
PETITION FOR MODIFICATION OF PARTIAL
CUSTODY OR VISITATION ORDER
TO THE HONORABLE, THE JUDGES OF THE SAID COURT.
And Now this
day of January 2001, Joseph J. Tilton, the
Petitioner, hereby petitions this Honorable Court for the
modification of the March 15, 2000 Custody Order and respectfully
represents that:
1. Your petitioner is Joseph J. Tilton, residing at 482 North 400
East, Springville, Utah, 84663.
2. Your Respondent is Lisa A. Tilton, residing at 404 Cocklin
Street, Mechanicsburg, PA 17055.
3. On March 15, 2000, an Order of Court was entered by the
Honorable Edgar Bayley, Judge of the Court of Common Pleas of
Cumberland County, Pennsylvania pertaining to custody of the
Children, John Michael Tilton, born June 6, 1986, age 14 and
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP IIILL. PA 17011
(717) 737.QIOO
- 3 -
I~ I
patricia Ann Tilton, born June 4, 1992, age B.
A true and
correct copy of said Order is attached hereto, marked Exhibit
"A" and made a part hereof.
4. The Order of Court dated March 15, 2000 should be modified
because:
a. The Child, John Michael Tilton, age 14, wants to live
with the petitioner, Joseph James Tilton.
b.
The Petitioner has remarried and can better
Child, John Michael Tilton, with a stable,
caring environment.
provide the
loving and
c.
Since the entry of the Order the Child, John Michael
Tilton, was placed on probation for making prank phone
calls.
d.
since the entry of the order, the Child, John Michael
Tilton, was removed from regular classes and placed in
the Learn Program due to behavioral problems, not doing
his work and the like.
The Child, John Michael Tilton, has failed the first
marking period and it is believed that he has or will
fail the second marking period in the Learn Program.
On January 1B, 2001, the Child, John Michael Tilton, was
suspended from school and the parties have been informed
that he will also be expelled from that school due to the
fact that he brought a pocket knife he used to cut boxes
at work with him into school.
e.
f.
g.
After the expulsion, the Child, John Michael Tilton, will
not permitted to be enrolled in public school for a year.
It is believed that the only school that will permit the
enrollment of the Child, John Michael Tilton, enrollment
is the Wadsworth Academy in Harrisburg, PA, which is a
school for troubled boys. Father believes that Mother
intends on enrolling, or has enrolled the Child in that
school and that such enrollment will only exacerbate his
problems and difficulties.
Mother is not able to control the Child, John Michael
Tilton, and has not provided him with appropriate
supervision since she is at school and/or at work most of
h.
i.
DIANE G. RADCLIfF
3448 TRlNDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
-4-
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737.()IOO
the day often from 7:30 a.m. until 8:00 p.m.
The Child, John Michael Tilton, wants to live with Father
and has informed Mother of this desire, and Mother
refuses to permit him to do so.
k. Mother has blocked Father's access to the Children so
that Father cannot called their home and speak with them
on the phone. When Father does contact the Children
Mother listens in on their phone conversations and will
not permit them to make long distance phone calls to
Father.
j.
1. Mother has been harassing Father by phone at home and at
work and on one occasion called Father approximately 70
times in one day. It is not unusual for her to c311 him
in excess of ten times in one day and to scream and yell
at him when she makes these phone calls. When she is not
able to reach him by phone she contacts his supervisors
or co-workers and berates and harasses them.
m. Father can provide a more stable environment for the
Child, John Michael Tilton, and is willing and able to
have him enrolled in school in the school district in
which Father resides.
n. Father is more likely to foster the relationship between
the Children and Mother than the Mother has been or will
be.
5. The Petitioner requests that the Order of Court dated March
15, 2000 be modified.
6. Judge Bayley has been the only judge assigned to this case.
His involvement has been limited to the entry of the Divorce
Decree and the entry of the March 15, 2000, Custody Order. No
prior hearings have been held in this case.
WHEREFORE, the Petitioner respectfully requests this Honorable
Court to modify the March 15, 2000 Order of Court in accordance
-5-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J. TILTON,
Plaintiff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE AND CUSTODY
LISA A. TILTON,
Defendant
CUSTODY-ORDER
:
AND NOW, this ~ day of jY'\a..r~h., 2000, upon consideration of
the within Stipulation executed by Lisa A. Tilton ("Mother") and
Joseph J. Tilton ("Father") (sometimes individua.lly "Parent" and
collectively "Parents")' pertaining to their minor children: John
Michael Tilton, born June 6, 1986 and patricia Ann Tilton, born
June 4, 1992 ("the Children"), IT IS HEREBY ORDERED AND DECREED as
follows:
1. LEGAL CUSTODY:
Legal custody of the Children shall be shared equally between
the Parents to assure neither Parent shall br foreclosed in
participating in all decisions affecting the' maintenance,
support, education, health, safety and welfare of the Children
during their minority.
In addition to any provision which may be contained herein
regarding custody, both Parents shall have the following
rights with respect to the Children: reasonable telephone
calling privileges; access to report cards and other relevant
information concerning the progress of the Children in school;
approval of extraordinary medical and/or dental treatment
provided that such approval shall not be unreasonably
withheld.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J. TILTON,
Plaintiff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE AND CUSTODY
LISA A. TILTON,
Defendant
. STIPULATION FOR.CUSTODY ORDER
AND NOW, this q-h- day of ~"'~, Joseph J. Tilton,
"Father" and Lisa A. Tilton "Mother", hereby stipulate and agree
. '.'
that the. foregoing Custody Order shall be~ntered as an order of
court in the above captioned. matter.
IN WITNESS WHEREOF the Parents have set their hands and seals
the day and year below written.
WITNESS:
"
{SEAL}
JOS .. TIL"r0N
',' 'f"'. / ,/
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/\....~ )~......(.,~.ji:.c..t z---
LISA A. TILTON
-{SEAL}
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.
4. Mother has been represented by Cara Boyanowski, Esquire
(Mother's Attorney") and Father is represented in this action
by Diane G. Radcliff, Esquire ("Father's Attorney").
5. On January 23, 2001, Father's Attorney has contacted Mother's
Attorney requesting concurrence with the relief requested in
this petition and if she did not agree advising her of the
intended filing of this petition and Father's Attorney has
been advised that Mother will not agree to the relief
requested in this Petition.
6. The only judge involved in this case is the Honorable Edgar
Bayley, Judge of the Court of Common Pleas of Cumberland
County, Pennsylvania who entered the Order upon consent of the
parties.
7. An emergency exists that requires the immediate attention of
this Court and/or the Order should be modified because:
a. Since the entry of the Order the Child, John Michael
Tilton, was placed on probation for making prank phone
calls.
b. Since the entry of the order, the Child, John Michael
Tilton, was removed from regular classes and placed in
the Learn Program due to behavioral problems, not doing
his work and the like.
c. The Child, John Michael Tilton, has failed the first
marking period and it is believed that he has or will
fail the second marking period in the Learn Program.
-4-
d. On January 18, 2001, the Child, John Michael Tilton, was
suspended from school and the parties have been informed
that he will also be expelled from that school due to the
fact that he brought a pocket knife he used to cut boxes
at work with him into school
e. After the expulsion, the Child, John Michael Tilton, will
not permitted to be enrolled in public school for a year.
f. It is believed that the only school that will permit the
enrollment of the Child, John Michael Tilton, enrollment
is the Wadsworth Academy in Harrisburg, PA, which is a
school for troubled boys. Father believes that Mother
intends on enrolling, or has enrolled the child in that
school and that such enrollment will only exacerbate his
problems and difficulties.
g. Mother is not able to control the Child, John Michael
Tilton, and has not provided him with appropriate
supervision since she is at school and/or at work most of
the day often from 7:30 a.m. until 8:00 p.m.
h.
The Child, John Michael Tilton, wants to live
and has informed Mother of this desire,
refuses to permit him to do so.
with Father
and Mother
i. Mother has blocked Father's access to the Children so
that Father cannot called their home and speak with them
on the phone. When Father does contact the Children
Mother listens in on their phone conversations and will
not permit them to make long distance phone calls to
Father.
j. Mother has been harassing Father by phone at home and at
work and on one occasion called Father approximately 70
times in one day. It is not unusual for her to call him
in excess of ten times in one day and to scream and yell
at him when she makes these phone calls. When she is not
- 5 -
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J, TILTON,
Plaintiff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE AND CUSTODY
LISA A. TILTON,
Defendant
CUSTODY-ORDER
AND NOW, this ~ day of Jna..r~h, 2000, upon consideration of
the within Stipulation executed by Lisa A. Tilton ("Mother") and
Joseph J. Tilton ("Father") (sometimes individually "Parent" and
collectively "Parents") pertaining to their minor children: John
Michael Tilton, born June 6, 1986 and patricia Ann Tilton, born
June 4, 1992 ("the Children"), IT IS HEREBY ORDERED AND DECREED as
follows:
1. LEGAL CUSTODY:
Legal custody of the Children shall be shared equally between
the Parents to assure neither Parent shall br foreclosed in
participating in all decisions affecting the maintenance,
support, education, health, safety and welfare of the Children
during their minority.
In addition to any provision which may be contained herein
regarding custody, both Parents shall have the following
rights with respect to the Children: reasonable telephone
calling privileges; access to report cards and other relevant
information concerning the progress of the Children in school;
approval of extraordinary medical and/or dental treatment
provided that such approval shall not be unreasonably j
withheld.
I
It
II
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r
.
JOSEPH J. TILTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE AND CUSTODY
LISA A. TILTON,
Defendant
'---.-.-.--- -------_.__.~-. ---,..,
STIPULATION FOR. CUSTODY ORDER
AND NOW, this q-h- day of ~~, Joseph J. Tilton,
"Father" and Lisa A. Tilton "Mother", hereby stipulate and agree
-_._._---.._-~_.- - --.._~--.- '-.
','
that the foregoing Custody Order shall be ~ntered as an order of
court in the above captioned. matter.
IN WITNESS WHEREOF the Parents have set their hands and seals
the day and year below written.
WITNESS:
{SEAL}
.' TIL"r0N
>CI,)iJ~.l(./z___
{SEAL}
LISA A. TILTON
,~.
.
. .
JOSEPH J, TILTON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
LISA A. TILTON
NO. 98-1280 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ day of JANUARY, 2001, anerconsultation with counsel
for both parties, we arc satisfied that the issues raised in Plaintiffs "Petition for
Emergency Custody Order" arc not such as to justify the grant of emergency relief.
Therefore, the petition is DENIED,
Since we are further satisfied that the conciliation process would be fruitless, a
hearing on Plaintiffs Petition to Modify the existing custody order is scheduled for
FRIDAY. APRIL 6. 2001. at 8:30 a.m. in Courtroom # 5 of the Cumberland County
Courthouse, Carlisle, Pa. 17013.
Edward E. Guido, J.
Kathleen Daley, Esquire
Cara A, Boyanowski, Esquire
For the Plaintiff
Diane G. Radcliff, Esquire
For the Defendant
:sld
,"
4. Mother has been represented by Cara Boyanowski, Esquire
(Mother's Attorney") and Father is represented in this action
by Diane G. Radcliff, Esquire ("Father's Attorney").
5. On January 23, 2001, Father's Attorney has contacted Mother's
Attorney requesting concurrence with the relief requested in
this petition and if she did not agree advising her of the
intended filing of this petition and Father's Attorney has
been advised that Mother will not agree to the relief
requested in this Petition.
6. The only judge involved in this case is the Honorable Edgar
Bayley, Judge of the Court of Common Pleas of Cumberland
County, Pennsylvania who entered the Order upon consent of the
parties.
7. An emergency exists that requires the immediate attention of
this Court and/or the Order should be modified because:
a. Since the entry of the Order the Child, John Michael
Tilton, was placed on probation for making prank phone
calls.
b. Since the entry of the order, the Child, John Michael
Tilton, was removed from regular classes and placed in
the Learn Program due to behavioral problems, not doing
his work and the like.
c. The Child, John Michael Tilton, has failed the first
marking period and it is believed that he has or will
fail the second marking period in the Learn Program.
-4-
'~.
d. On January 18, 2001, the Child, John Michael Tilton, was
suspended from school and the parties have been informed
that he will also be expelled from that school due to the
fact that he brought a pocket knife he used to cut boxes
at work with him into school
e. After the expulsion, the Child, John Michael Tilton, will
not permitted to be enrolled in public school for a year.
f. It is believed that the only school that will permit the
enrollment of the Child, John Michael Tilton, enrollment
is the wadsworth Academy in Harrisburg, PA, which is a
school for troubled boys. Father believes that Mother
intends on enrolling, or has enrolled the child in that
school and that such enrollment will only exacerbate his
problems and difficulties.
g. Mother is not able to control the Child, John Michael
Tilton, and has not provided him with appropriate
supervision since she is at school and/or at work most of
the day often from 7:30 a.m. until 8:00 p.m.
h.
The Child, John Michael Tilton, wants to live
and has informed Mother of this desire,
refuses to permit him to do so.
with Father
and Mother
i. Mother has blocked Father's access to the Children so
that Father cannot called their home and speak with them
on the phone. When Father does contact the Children
Mother listens in on their phone conversations and will
not permit them to make long distance phone calls to
Father.
j. Mother has been harassing Father by phone at home and at
work and on one occasion called Father approximately 70
times in one day. It is not unusual for her to call him
in excess of ten times in one day and to scream and yell
at him when she makes these phone calls. When she is not
- 5 -
..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J. TILTON,
Plaintiff
v.
NO. 98-1280 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE AND CUSTODY
LISA A. TILTON,
Defendant
CUSTODY-ORDER
AND NOW, this ~ day of jY'\a..r~~., 2000, upon consideration of
the within Stipulation executed by Lisa A. Tilton ("Mother") and
Joseph J. Tilton ("Father") (sometimes individually "Parent" and
collectively "Parents")' pertaining to their minor - children: John
Michael Tilton, born June 6, 1986 and patricia Ann Tilton, born
June 4, 1992 ("the Children"), IT IS HEREBY ORDERED AND DECREED as
follows:
1. LEGAL CUSTODY:
Legal custody of the Children shall be shared equally between
the Parents to assure neither Parent shall br foreclosed in
participating in all decisions affecting the -maintenance,
support, education, health, safety and welfare of the Children
during their minority.
In addition to any provision which may be contained herein
regarding custody, both Parents shall have the following
rights with respect to the Children: reasonable telephone
calling privileges; access to report cards and other relevant
information concerning the progress of the Children in school;
approval of extraordinary medical and/or dental treatment
provided that such approval shall not be unreasonably
withheld.
Jntl-25-111 10 :49 1=1'"
P.05
.
b. Admitted. By way of further explanation, Defendant placed John Into the
L!!arn Program at his school at the suggestion of the school district. The program was designed to
provide children with leaming disabilities or behavioral problems. with more hands on teaching
instruction by providing smaller classes and a smaller teacher/child ratio.
c, Denied. It Is specifically denied thst John failed the first marking period,
d. Admitted, By way of further explanation. the pocket knife in question was a
present from Plaintiff to John, The facts surrounding the incident involve John canying the pocket
knife to school. where it accidently dropped out ofhis pocket, and was spotted by a teacher. Becaus!!
of the school's "zero tolerance" policy on weapons, lohn was expelled from his school.
e. Admitted in part and denied in part. It is admitted that lohn is not permitted
to enroll in another Pennsylvania public school during his expulsion. It is specifically denied that
Defendant has not enrolled John in any other school. By way of further elCplanation. Defendant has
enrolled lohn in the Wordsworth Academy in Harrisburg. Pennsylvania, where he will begin class!!s
on Monday, January 29, 2001.
f. Admitted in pan and denied in pan, It is admitted that the Wordsworth
Academy will permit John's enrollment. It is denied that the school is for "troubled boys." By way
of further elCplanation, the school has a special education component and a behavioral modification
program which Defendant believes will greatly assist John with his problems and difficulties in school.
Mother has had extensive talks with the Prinelpal of the school, John Aigledlnger, and the school is
well aware of John's problems and difficulties.
g. Denied. It Is specifically denied that Defendant is not able to control John and
.lntl-:.!';,-Ol In:!iL:' Al"
school sySlem of Utah,
I. Denied. It is specifically denied that PlaintifTwould be mOl'alikely to fOllo:r
a relationship between the children and Defendantthsn Defendant has between the children and
Plaintiff.
WHEREFORE, Defendant, Lisa A. Tilton, requests this Honorable Court to deny Plaintiff,
Petition for Emergency Custody and the prayer for relief related thereto.
NEW MATTER
8, 10hn was diagnosed with Allention Deficit Disorder (ADD) when he was
approximately five years ofBge,
9. Since 10hn was in Third Grade, he hIlS been taking medications to assist with his ADD
illness and the behavioral problems associated with his illness. John is presently taking 1 5 milligram~
of Dexedrine, daily.
10. lohn is presently under the care and supervision ofllis family doctor, Dr, David Dell,
and Dr. Andrea Hunt, a child psychotherapist. with whom he counsels every Friday, Additionally.
John bas been counseled and treated by his school social worker, Kelly Eckrolf, and guidancll
counselor, David Lillinstein, lohn was also been interviewed by the Capital Area Inlennediate Unit,
through Dr, 10hn Beiver, All of these counseling sessions and interviews were scheduled by and
attended by Defendant.
t1. Defendant has been told by several physicians, including her pediatrician and Dr.
Heinley, that lohn's recent behavioral problems are most likely associated with his recent entry intel
b. Admitted. By way of further explanation, Defendant placed John into the
Learn Program at his school at the suggestion of the school district. The program was designed to
provide children with learning disabilities or behavioral problems, with more hands on teaching
instruction by providing smaller classes and a smaller teacher/child ratio.
c. Denied, It is specifically denied that John failed the first marking period.
d. Admitted. By way of further explanation, the pocket knife in question was a
present from Plaintiff to John. The facts surrounding the incident involve John carrying the pocket
knife to school, where it accidently dropped out of his pocket, and was spotted by a teacher. Because
of the school's "zero tolerance" policy on weapons, John was expelled from his school.
e. Admitted in part and denied in part. It is admitted that John is not pennitted
to enroll in another Pennsylvania public school during his expulsion, It is specifically denied that
Defendant has not enrolled John in any other school. By way of further explanation, Defendant has
enrolled John in the Wordsworth Academy in Harrisburg, Pennsylvania, where he will begin classes
on Monday, January 29,2001.
f. Admitted in part and denied in part. It is admitted that the Wordsworth
Academy will pennit John's enrollment. It is denied that the school is for "troubled boys." By way
of further explanation, the school has a special education component and a behavioral modification
program which Defendant believes will greatly assist John with his problems and difficulties in school.
Mother has had extensive talks with the Principal of the school, John Aigledinger, and the school is
well aware of John's problems and difficulties.
g, Denied. It is specifically denied that Defendant is not able to control John and
has not provided him with appropriate supervision, By way of further explanation, Defendant has
taken employment hours in which site is home every evening by 5 :00 p.m. and has made arrangements
with her father to provide care and supervision for the children on at least three days per week.
h. Admitted in part and denied in part. It is admitted that John has, on occasion,
expressed to Defendant a desire to live with Plaintiff, however, John has, on just as many occasions,
informed Defendant that he did not want to live with Plaintiff on a permanent basis, By way of
example, John informed Defendant that he did not wish to see Plaintiff during the Christmas holiday
and refused to visit with Plaintiff.
i. Admitted in part and denied in part. It is admitted that Defendant has on
occasion, after receiving harassing telephone calls from Plaintiff during which Defendant is referred
to as a "fucking bitch," Defendant has blocked Plaintiff's access to her telephone. It is specifically
denied that Defendant has blocked Plaintiff's access to the children, By way of further explanation,
both children have e-mail addresses, both children are permitted to contact Plaintiff by collect call,
and both children are permitted to contact Plaintiff through his "1-800" telephone number. It is also
denied that Defendant listens in on Plaintift's telephone calls to the children.
j. Admitted in party and denied in part, It is admitted that Defendant contacted
Plaintiff, repeatedly, on one occasion in an attempt to fax him copies of the children's daycare
expense receipts for the year, as per their child support order provisions. It is specifically denied that
Defendant harasses Plaintiff by phone at home and at work.
k. Denied. It is specifically denied that Plaintiff can provide a more stable
environment for John. It is unknown what measures Plaintiff has taken to enroll John in the public
school system of Utah.
I. Denied. It is specifically denied that Plaintiff would be more likely to foster
a relationship between the children and Defendant than Defendant has between the children and
Plaintiff.
WHEREFORE, Defendant, Lisa A. Tilton, requests this Honorable Court to deny Plaintiffs
Petition for Emergency Custody and the prayer for relief related thereto,
NEW MATIER
8. John was diagnosed with Attention Deficit Disorder (ADD) when he was
approximately five years of age.
9. Since John was in Third Grade, he has been taking medications to assist with his ADD
illness and the behavioral problems associated with his illness. John is presently taking 15 milligrams
of Dexedrine, daily.
10. John is presently under the care and supervision of his family doctor, Dr. David Dell,
and Dr. Andrea Hunt, a child psychotherapist, with whom he counsels every Friday. Additionally,
John has been counseled and treated by his school social worker, Kelly Eckroff, and guidance
counselor, David LiIlinstein. John was also been interviewed by the Capital Area Intennediate Unit,
through Dr. John Beiver. All of these counseling sessions and interviews were scheduled by and
attended by Defendant.
11. Defendant has been told by several physicians, including her pediatrician and Dr.
Heinley, that John's recent behavioral problems are most likely associated with his recent entry into
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