HomeMy WebLinkAbout01-07014
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JAN 2 3 lOOt }V
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DEBBIE J. DETWILER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
ROBERT A. DETWILER,
Defendant
: NO. 2001-7014 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~?th day of jJA^LJ'I~ d ,2002, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows: .
1. A Hearing is scheduled in Court Room No. 6' , of the Cumberland
County Court House, on the 1.51:1I day of Ff.iJ/Z..MAll....'/ , 2002, at / (): " ()
o'clock, 11... M., at which time testimony will be taken. For purposes of this Hearing,
the Mother shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the following
shall remain in effect:
3. The Custody Agreement included in the Separation and Property
Settlement Agreement dated June 6, 1996 shall be made an Order of Court and remain in
full force and effect.
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4 Kul_. E",Wre, ,,=,1 fm Moth~
jRobert A. Detwiler, pro se
130 McAllister Church Road
Carlisle, PA 17013
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DEBBIE J. DETWILER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
ROBERT A. DETWILER,
Defendant
: NO. 2001-7014 CIVIL TERM
: IN CUSTODY
PRIOR JUDGE: None
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 CURRENTLY IN CUSTODY OF
Ryan L. Detwiler
February 13, 1986 Mother
2. A Conciliation Conference was held January 23, 2002 with the following
individuals in attendance: The Mother, Debbie J. Detwiler, with her counsel, Jason P.
Kutulakis, Esquire, and the Father, pro se.
3. The parties entered a Separation and Property Settlement Agreement dated
June 6, 1996 that included a custody agreement. The parties have proceeded under the
terms ofthat agreement since separation. The parties have shared legal custody. Mother
has primary physical custody, with Father having alternating weekends, one evening per
week and two weeks in the summer.
4. Mother wishes to move to North Carolina for a lateral transfer with her
employer. She is presently a customer service representative for Red Neck Trailer
Supplies. She indicates that the transfer provides additional opportunities for
advancement. She further asserts that her Father and sister would live closer to her if she
moved to North Carolina. She is not moving with a boyfriend or to live closer to a
boyfriend. She has a home available already for her move. She has investigated the
school that her 16-year old daughter would attend. She believes it would be better for the
child to move now at the semester break for an easier transition into the new school.
Mother indicates that the child's preference is to move with her to North Carolina.
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5. Father's position on custody is as follows: Father is concerned that if the
move is permitted, he will lose the close relationship he presently has with his daughter.
He believes it is the child's best interest to finish high school locally which would occur
in 2 1/2 years. If Mother moves, Father wants primary physical custody of the child.
Father believes that Mother has promised the child things to influence her opinion on the
move.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and continuing the status quo. It is expected that the Hearing will require one
half (1/2) day. It is requested that the hearing be expedited.
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J cqu ine M. Verney, Esquire
Custody Conciliator
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DEBBIE J. DETWILER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-7014 CIVILACTIONLAW
ROBERT A. DETWILER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, December 21, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, January 23, 2002 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if th:is cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Spedal Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Jacqueline M. Verney. Esq. ~/l
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
1)/-70/'1
NO. CIVIL TERM
DEBBIE J. DETWILER,
Plaintiff
ROBERT A. DETWILER,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby directed that the
parties and their respective counsel appear before , the
conciliator, at , on the day of
,2001, at .m., for a pre-hearing custody conference. At
such conference, an etlort will be made to resolve the issues in dispute; 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. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
By the Court:
Date
Custody Conciliator
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) 249-3166 OR (800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01- 76l'tfL TERM
DEBBIE J. DETWILER,
Plaintiff
ROBERT A. DETWILER,
Defendant
CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Debbie J. Detwiler, residing at 252 McAllister Church Road,
Carlisle, Pennsylvania.
2. The Defendant is Robert A. Detwiler, residing at 130 McAllister Church Road,
Cumberland County, Pennsylvania.
3. The Plaintiff seeks custody of the following child:
Name
Present Residence
Age
Ryan L. Detwiler
252 McAllister Church Road, Carlisle
15
The child is presently in the custody of Debbie J. Detwiler who resides at 252 McAllister
Church Road, Carlisle, Pennsylvania.
During the child's lifetime, she has resided with Debbie Detwiler.
The mother of the child is Debbie J. Detwiler, currently residing at 252 McAllister
Church Road, Carlisle, Pennsylvania.
TIle father of the child is Robert L. Detwiler, currently residing at 130 McAllister Church
Road, Carlisle, Pennsylvania.
4. The relationship of Plaintiff to the child is that of Mother.
5. The relationship of Defendant to the child is that of Father.
6. The Plaintiff has not participated as a pmty or witness, or in another capacity, in
other litigation concerning the custody of the child in this or any other court ,
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7. The Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
8. The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
9. The best interest and permanent welfare of the child will be served by granting the
relief requested for reasons including the following:
a. The mother has been the primary care giver of the child from her birth to the
present;
b. The preference of the 15 year old child is to reside with her mother in North
Carolina.
10. Each parent whose parental rights to the child have not been terminated has been
named as parties to this action.
WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of
the child to her.
Respectfully submitted,
Abom & Kutulakis, L.L.P.
Date: December 11, 2001
Ja n P. Kutulakis, Esquire
Attorney LD. No. 80411
Suite 204
8 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
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Sent 'By: REDNECK TRLR SUPPLS;
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VRRIFI{,~l1ON
I, Debbie]. Detwilet, hereby verify tint the facts set fonn. in thll fo~
Custody Complaint are 1XUe and conect to the best of my knowledge, infoanati011 wi
belie!
I undetstand that false statements herein ale made subject to the penalties
of 18 Pa.C.S. $4904, reJating to unswom. falsification to authorities.
Date: ~ 2001
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CERTIFICATE OF SERVICE
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I, Jason P. Kutulak1s, Esquire, hereby certify that on this l'15 day of December,
2001, a true and correct copy of the within CUSTODY COMPLAINT was served
upon Defendant by United States Mail, First Class, postage pre-paid, addressed as
follows:
Robert A. Detwiler
130 McAllister Church Road
Carlisle, P A 17013
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DEBBIE J. DETWILER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
NO. 2001-7014 CIVIL TERM
ROBERT A. DETWILER,
Defendant
CUSTODY
ORDER
AND NOW, this.2L ~ of February, 2002, after consideration of the within Motion to
Reconsider, submitted on behalf of p1amtiff, said Motion is hereby 8M'! nI:D. 1> 6IJ j l::J::>.
It ~~ fwdl!;l O~~r8g aHa ];}eersEa. HJ.Ut pl~l1G[f~;) 11l;;lCby l-'vUH~t~d Lv HJu\,iuk vv~H..L the
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DEBBIE J. DETWILER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2001-7014 CIVIL TERM
ROBERT A. DETWILER,
Defendant
CUSTODY
MOTION TO RECONSIDER
AND NOW, this 15th day of February, 2002, comes the plaintiff, by and through her
counsel, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully
submits this Motion to Reconsider, and in support thereof avers the following:
1. A hearing on the Custody Complaint was heard before This Honorable Court on
February 15,2002.
2. Following the close of evidence, This Honorable Court articulated its reasons for
denying plaintiff s request to relocate.
3. This Honorable Court implemented the three criteria set forth by the Seiminal case of
Gruber v. Gruber, 583 A.2d 434 (Pa. Super 1990).
4. The court found that plaintiff had sustained her burden by proving that her reasons for
moving to North Carolina would substantial improve the quality oflife for she and the parties
sixteen (16) year-old daughter, Ryan.
5. Therefore, the first prong of Gruber has been met.
6. The court found that plaintiffs motives for moving to North Carolina were not frought
with a purpose of frustrating the defendant's visitation rights or to impede the relationship
between Ryan and the defendant. The court found that plaintiff chose to relocate for no other
reaSOn than to improve her quality of life.
7. Therefore, the second prong of Gruber has been met.
8. The court found that in today's technology, ie. email, telephone and cheaper airfares,
communications are better and easier than ever.
9. The court found that Ryan had a significant bond with her mother, the primary
caretaker since Ryan's birth.
10. The court found that Ryan desired to move to North Carolina with her mother.
11. The court found Ryan to be an intelligent and emotionally mature teenager.
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12. The court found that Ryan could spend the summer months and long school breaks
with her defendant in Carlisle.
13. The court found that the third prong of Gruber was frustrated with a move to North
Carolina.
14. The third prong of Gruber requires that there be a realistic arrangement to allow the
non-custodial parent to maintain a relationship with the child.
15. This Honorable denied the request to relocate to North Carolina based upon the third
prong of Gruber.
16. "It is well settled that [the third prong of Gruberl alone cannot defeat a requested
relocation move where it has been shown to offer real advantages to the custodial parent and
child." Anderson v. McVay, 713 A.2d 666 (Pa. Super 1998).
17. A relocation request will not be denied simply because existing visitation
arrangements cannot be maintained. Gancas v. Schultz, 683 A.2d 1207 (Pa. Super 1996).
18. It is believed and therefore averred that the defendant's relationship with Ryan may
be maintained through extended visitation over the summer and school vacations.
WHEREFORE, plaintiff respectfully requests that This Honorable Court reconsider its
February 15, 2002, denial of plaintiff's request to relocate with Ryan.
Respectfully submitted,
Abom & Kutulakis, L.L.P.
Date: February 15,2002
on P. Kutulakis, Esquire
ttorney J.D. No. 80411
Suite 204
8 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
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VERIfICATION
PURSUANT TO Pa.R.C.P. 1024(c)
I, Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the
foregoing document; that he makes this affidavit as an attorney, because the party he
represents lacks sufficient knowledge or information upon which to make a verification
and/or because he has greater personal knowledge of the information and belief than that
of the party for whom he makes this affidavit; and/or because the party for whom he
makes this affidavit is outside the jurisdiction of the court, and verification of none of them
can be obtained within the time allowed for the filing of the document; and that he has
sufficient knowledge or information and belief, based upon his investigation of the matters
averred or denied in the foregoing document; and that this statement is made subject to
the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities.
Date: February 15, 2002
Ja on P. Kutulakis, Esquire
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CERTIFICATE OF SERVICE
AND NOW, this 15th day of February, 2002, I, Jason P. Kutulakis, Esquire, hereby
certify that I did serve a true and correct copy of the foregoing MOTION TO
RECONSIDER upon all counsel of record by depositing, or causing to be deposited, same
in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Bv First-Class Mail:
Robert Detwiler
130 McAllister Church Road
Carlisle, PA 17013
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J on P. Kutulakis
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DEBBIE J. DETWILER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-7014 CIVIL TERM
CIVIL ACTION - LAW
ROBERT A. DETWILER,
Defendant
IN CUSTODY
IN RE:
CUSTODY
ORDER OF COURT
AND NOW, this 15th day of February, 2002,
after hearing, the Petition of Debbie J. Detwiler to be
allowed to relocate with the child to the state of North
Carolina is DENIED.
If she chooses to relocate to North
Carolina, the following custody arrangement shall be in
effect:
A. Primary physical custody of the child
shall be placed with Robert A. Detwiler, with mother having
overnight visitation one weekend per month. Transfer of
the child to be at a mutually agreeable halfway point. The
visitation to be from 7:00 p.m. Friday until 7:00 p.m.
Sunday.
B. Mother shall have primary physical
custody of the child from the first Monday after school
lets out until the Friday before school begins each summer,
with Father having visitation one weekend per month in the
summertime in accordance with the school year visitation
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schedule granted to mother.
Until such time as mother relocates, the
custody order dated January 29, 2002, which incorporated
the terms of the parties' separation agreement shall remain
in full force and effect.
Jason P. Kutulakis, Esquire
SUite 204
8 South Hanover Street
Carlisle, PA 17013
Robert A. Detwiler, Pro Se
130 McAllister Church Road
Carlisle, PA 17013
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By the Court,
Edward E. Guido, J.
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FEB 1. 4 2002
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Memorandum
Date: FebrU)lrf 10, 2002 .
To: Honorable Judge Edward E. Guido
From: Robert A. Detwiler
Re: NO. 2001-7014 Civil Term
Debbie J. Detwiler vs. Robert A. Detwiler
Fac~s
Both the defendant and plaintiff signed a current custody agreement included in
the separation and property settlement agreement dated June 6, 1996. The
~greement statfS in section 13 Custody of Children & Dependency ExemlPtions:
"It is further agreed that both parents shall maintain a residence with a 50 mile
radius of Carlisle, PA."
Ryan L. Detwiler, the subject of this litigation, is currently enrolled il1l Big Spring
High School and attending her sophomore year. Ryan has a 19-year-old sister,
grandparents, great grandmother and cousins who all live locally.
ANument
The defendant believes that it is in the best interest of Ryan to remain in the
Carlisle area where she can continue her stable lifestyle.
1. The plaintiff, Debbie J. Detwiler, for.5 % years has followed this signed
agreement with a beliefthat this was in the best interest of Ryan. These interests
in Ryan's daily life include the closeneSs of her older sister, Robbie J. Detwiler
(19), and her father. Ryan is a healthy teenager that enjoys the most out of life
and considers her immediate family very important.
2. Ryan has no great gains in moving to North Carolina. Changing schools in the
middle of her four important years would not beilefit her socially or
educationally. The family support that Ryan receives locally is not just inclusive
of her father and sister, but extends to her Grandmother, Grandfathell', Great
Grandmother, Stepmother and cousins. Ryan frequently enjoys family "get-to-
gathers".
3. Deb has expressed an interest in moving to N.C. for several years and has
discussed this with Ryan and her husband, Jeffrey Turley. This recent custody
change request, with the court, has followed Deb's recent divorce of Jeffrcy
Turley. Deb has not found the movement to N.C. advantageous, in the past, due
to Jeffrey's tenure with the state government, jeopardizing his retirement.
4. Part of our agreement to confine the area of residency was to be able to establish
job security for both parents and still maintain daily involvement with our
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children. R~uirin~ us to move to N. C. would jeopardize my.5-year
employment with Pitney Bowes Management Services.
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5. I contest that Deb's "lateral move" with Redneck Trailer Supplies is not a
situation that lends opportunity but is an employer that is accommodating a
good employee's desire to relocate. To the best of my knowledge, Deb is not
facing layoffs or downsizing that jeopardizes her current employment.
6. If the court did anow Deb to relocate, with Ryan, to N.C. Ryan's closest relative
would be an aunt about 1 hour away. Deb's mother lives in Florida and her
father lives in Alabama making the family support system difficult at best.
7. Amy and I are currently involved with Ryan's everyday life. We provide such
involvement as:
};o Picking her up from school when sick, early dismissal, after school activities,
etc.
};o Doctor! Dentist appointments
};o Parent Teacher conferences
};o Homework assignments
Conclusion
For the above reasons, it would be in Ryan's best interest to continue with the terms
of the existing custody agreement.
Witnesses
Amy K. Detwiler
Anticipated Testimonv of Amv K. Detwiler
Amy will testify that she routinely provides transportation and biological parent
replacement support for Ryan on short notice. These requests are-phnne calls from
Deb and Ryan. Amy will further testify that Deb stated that her primary reason for
transferring to N.C. was due to family reasons.
Robert A. Detwiler ,pro se
Cc: Jason P. Kutulakis, Esquire, Counsel for Plaintiff
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'Subj: RE: Ryan Lynn Detwiler
'Date: 1/25/200210:01:19 AM Eastern Standard Time
jFlrOm: Ilhornhill@lincoln.k12.nc.us
'To: Dejdetwiler@aol.com
'SEll1tfrr!IT'.I!!~Jnteme~~_.__ ....._______ _______ ..
Ms. Detweiler,
We can enroll Ryan Lynn as soon as she arrives in Lincoln County. She
will need to bring a withdrawal form with her current grades and attendance
included, as well as a transcript from her current school. You will also
need proof of residence in our attendance area. This can be a drivers'
Ih::ense, bill, rental agreement, etc... Also, iftheir are any guardianship
i~lSues, we will need a copy of those papers as well.
Her schedule will be based on the classes she is taking currently, and our
current class enrollment here at West Uncoln. Hopefully, all of her
classes will coorespond with our classes. The only one I am not sure about
ill the Spanish III. But, you never know what may happen, we may have room
in the class by that time.
Ilf you have any other questions, feel free to call or e-mail me.
l.aura Thornhill
--Original Message-
I:rom: Dejdetwiler~aol.com
1ro: lthornhill@linCOln.k12.nc.us
Sent: 1/2412'0026:23 PM
Subject: Ryan Lynn Detwiler
Hello Ms. Thornhill,
I wanted to see if you could enroll Ryan Lynn in classes for the 2nd
week in I=ebruary and what her curriculum would be and the let me know?
We are awaiting the final decision, we should have the answers by the
'and of next week.
Thank you again for all of your help.
Sincerely.
Debbie J. Detwiler
PLAINTIFPS
EXHIBIT
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THIS AGREEMENT, made this 6~ day of ,7UIJt.
_, 1996. by and between DEBBIE J. DETWB..ER, hereinafter c-eferred to
as "Wife". and ROBERT A. DETWILER, hereinafter referted to as
"Husband" .
WITNESSETH:
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WHEREAS, Husband and Wife were lawfully married on November 27, I ~1 J and:: ':
WHEREAS, cetlain differences have arisen between the parties as a result of whfcb they
have separated and now live $eparatc and apart from one another, and are desirous, therefore,
of entering into an agreement which will provide (or support, distribute their marital p~rty;
and will provide for their mutual responsibilities and rights growing out of the marriage
relarlonshlp; and .: ,
WHBREAS. the parties hereto. after being properly advised, have come to the following
agreement.
NOW, THEREFORE, in consideration of the above recitals and the following
COVflllllll18 and promises mutually made and mutually to be kept, the parties heretofore. intending
to be legal1y bound and to legally bind their beirs successors and assigns thereby, covenant,
promise and agree as follows:
1. SEPARATION:
It shall be lawful for each pa....y at all times hereafter to live separate and apan from the
other at such place or places as he or she may from time to lime choose or dl'.em fit.
2. INTRRFERENCE:
Each party shall be free from interference. authority and contact by the other as fully as
if he or she were single and unmarried, ellcept as may be necessary to carry out the provi5ion~
of this Agreement. Neither party shall molest the other nor attempt to endeavor 10 molest rhr.
other, nor compel the other to cohabit with the other, nor in any way harasf, or malign the ot!J~r,
nor in any way interfere with the peaceful eXistence, separate and apart from the other in ~II
respects as if he or she were single llnd unmarried
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3. WD'E'S DEBTS:
Wife rep~nts and warrants to lIusband that since their separation on or about
December 15, 1995 she has not, and in the future she will not, contract or incur any debt or
liability for which Huaband or his eatate might be respollllible lInd shall indemnify and save
Husbahd harmless from any and all claims and demands made against him by reasons of debts
or obligations Incurred by her.
4. RVIiBAND'S DEBTS:
Husband represents and warrants to Wife that since their separation on or about
DeceIlIber IS, 1995, he has not, and in the future he wU\ not, contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnify and save Wife
hatmleas from lItIy and 1I11 claims and demands made against her by reasons of debts or
obligations Incurred by him.
S. OUTSTANDING JOINT DEBTS!
Husband and Wife agree that they have no outlltanding debtll and obligations of the
Husband and Wife incurred prior to the signing of this Agreement. In the event that either party
contracted or Incurred any debts since the date of separation, the party who incurred said debt
shall be responsible for the payment thereof regardless of the name in which the account may
have been charged.
6. MUTUAL REI,EASE!
Subject to the provisions of this Agreement, each party waives his or her right to alimony
and any further distribution of property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property in accordance with the Divorce
Code of 1980, as amended. Subject 10 the provisions of this Agreement. each party has released
and discharged, and by this Agreement does for himself or herself, and his (lr her heirs, legal
representatives. e~ceutors. administrators and as.<igns. release and discharge the other of and
fromllll causes ofaetion, claims, rights or demands whatsoever in law or equity, which either
of the parties ever had or now hM against the other, except any or all cause or causes of action
for divorce and e~cept in any or 1I11 causes of action for breach of any provisions of this
Agreement. Each party also waives his or her right to request marital counseling pursuant to
Seetion 202 of the Divorce Code.
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7. EQUlTABJ,E DISTRIBUTION OF MARrl'AL PJ!OPERTY:
The part. bave attempted lO distribute their marital property in a manner which
conforms lO the criteria set forth In Section 401 of the Pennsylvania Divorce Code, and taking
InlO account the following con.lderatloQ: the length of the marriage: the age, hcallh . station,
8lllC)unt and sources of IlICDme. vocational skills, employability. estate. liabilities and needs of
each of the panics; the contribution of each party lo the education, training or Increased earning
power of the other party; the opportunity of each party f(Jr future acquisitions of ClIpital assets
and Income; the sources of Income of both panles' Including but not limited lo medical,
reclrement, Insurance or other benefira; the conulbution or dissipation of each party in the
acquisition, preservation, depreciation or appreciation of the marital property, including the
contribution (Jf each Spollse as a homemaker; the value of the property set apart lo each party;
the standard of living of the parties established during the marriage; and the economic
circul1lSlallCe8 of each party at the time the division of property is to become effective.
The division of existing marital property is not intended by the parties lo CODlllitute in
any way a sale or exchange of assets, funds or other property not constituting marital property.
The division of property under this Agreement shall be in full satisfaction of all marital rights
of the parties.
A. DlSTRIBIITION OF PERSONAL PROPERTY
The parties hereto mutually agree that they have effected a satisfactory division of the
furniture, household fufnishings, appliances, and other household personal property between
them, and they mutually agree that each party shall from and after the date hereof be the sole
and separab:. owner of all such tangible personal property presently in his or her possession.
The parties hereto have divided between themselves. lo ~heir mutual satisfaction, all
Items of tangible and intangible marital property. Neither party shall make any claim to any
such items of marital property of either party, which are now in the possession and/or under the
control afthe other. Should it become necessary, lhil parties each agree to sign, upon request,
any titles or documents ncccs.,.ry to give effect to this paragraph. Property shall be deemed to
.be in the possession or under the control of cithcr party if, in the case of langible personal
property, the item is physically in the po.~session or control of Lhe party at Ih~ lime of the
signing of this Agreement and, in the case of intangible personal properly. if any physical or
written evidence of joint ownership, sueh a~ pnssbook, checkbook, policy or certificate of
insurance or other similar writing is in the posscssion or control of the party. I Iusband and Wife
shall each be deemed to be in the p,).~scssi(lll and control of his or her own individual
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, peuslon or .r employee benefit plans or retirement benefits of any nature with the exception
of SOcial Sec;urlt)' benefillJ to which either party may have vested .or contingent rlglnt or Interest
lit the time of the signing of this Agreement, and neither will make any claim asainst the other
for any interest is such benefits.
From and afler !he dare of lite signing of this Allreement, bollt parties shall bave
c:ompletefreeclom of dQposltlon as to hlsther separate property and any property which Is in
thelrpol$lslon or control pursuant to this Agreement and may mortgage, sell, grant, COIIvey.
or otherWise encumber or dispose of sueb property, whether real of personal, whetber sucb
property was acquired before, during or after the marriage. and neither Husband nor Wife need
join in, consent to, or acknowledge IIny deed. monga.ge, or other instrumenl of the olher
pertaining to such disposition of property.
8. MOTOR VElnCI.Ii'..IlIllOAT:
With respeclto the motor vehicles owned by one or boll1 of the parlies, dley agree as
follows:
(a) The Dodge Van shall become the sole and exclusive properly of Husband.
(b) The Chrysler LeBaron shall booome the sol~ and exclusive property of Wife.
(0) The title to tbe said motor vehicles shall be executed by the patlies, if
appropriate for effecting transfer as herein provided. on the date of ex~.<:ution
of this agreemenlllnd the said executed title shall be delivered to the proper
parties on the distribution dale.
(D) The Four Winds Horizon 200 boat shall become the sole and exclusive property
of Husband.
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9. PROCEEDS FROM SALE OF REAL PROPERTY:
Wife acknowledges receipt of rhe SUITI of Ten Thousand ()Qllars ($10,000.00) prior 10
the signing of this Agreement as paid in full. Contemporaneollsly with lhe signing of this
Agreement or within a reasonable time thercafter, Husband shall deliver to Wife !lmhwith the
sum of Twenty Five Thollsand ($25,000.00) dollars, for a sum lotal of Tilirry five thousand
($35,000.00) dollars as payment in full of her 50% share of the proceeds from the sale of the
parties real properly interest(s). Each party shall take the adjusred basis M lheir 50% share for
purposes of the capital gains laX, and rollover pH.visions of thc Internal llcvcnllc Code,
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The partics release any Inlereat in the opposite spouse's Pension accumulated during the
marriage.
11. COUNSEl. FElA AND EXPENSESI
Husband and Wife Adrnowledge and agree that the provisions llf this Agreement
providing for the equitable distribution of marital property of the parties are fair, adequate and
satisfactory to them. Both parties aaree to accept the provisions set forth in this Agreement in
lieu of and in full and final setllement and satisfaction of all claims and demands that either may
now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or
any other provlsiollS for their support and maintenance before, during and after the
commencement of any proceedings for divorce or annulment between the parties.
12, WAIVER..~ OF CLAIMS AGAINST E$TATR'l1
Except as herein otherwise provided, each party m~y dispose of his or her property in
any way, and each party hereby waives and relinquishes a,'J and all right" he or she may now
have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the
property or estate of the other as a result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the
will of the other, and right to act as administrator or executor of the others estate. IBach will,
at the request of the other, execute, acknowledge and deliver any and all instruments which may
be R<!Cessary or advisable to carry into effect this mutual waiver and
felinquishment of all such interests, rights and claims.
13. CUSTODY OF Cnn.DREN & DEPF..NDENCY EXEMPTI9liS1
The parties shall share leg.1 custody of their minor children, Ryan Dctwilef (00B:2-/6 - 80
) and Robbie Detwiler (008;'1-;&5~. 80th Wife and Husband shall have full access to
all information concerning the mlnof children including, but not limited to; medical information,
educational information, cou!lsclors, teachers, etc. Roth parents shall he informed of important
medical, educational, religious and other matters affecting the minor children '111(' shall input into
decision/1uch matters.
Wife shall have primary physical custody of Ryan and Rohbie Delwiler s"bject 10
Husband's right of custody under the following parliill custody agreement:
(a) Alternating weekends from Friday a15~OO p.m. to S"rllI'l, at H:OO run.:
OAft (b) One half (112) day on each child's birthday;
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(d) Christmas shall alternate with one party having the children on Chrlslmas Bve
until noon on Christmas Day and the other party from noon Christmas"
until 9:00 p.m. December 26;
(e) Two (2) weeks during the summer;
(t) And as the parties may mutually agree from time to time.
(g) For the PUrpOBe of tax filings for tax year 1996 and in evety consecutive
year thereafter, husband sha~1 claim the dependency exemption on Robbie
(DOB:7~.<t5'M and wife shall claim the dependency on Ryan (DOO;2.-.0&.
Both parties shall execute any and all necessary forms including bUI not limited
to IRS form /I 8332 in furtherance of this agreement.
It is further agreed lltat both parents shall maintain a residence with a SO mile radius of Carlisle
PAt
10. SUPPORT:
Husband agrees to provide support in the amount of four hundred ($400.00) dollars
per month to Wife for the support and maintenance of minor children. Payment shall commence
on (-1-'1" and will be due and payable on the ~day of each month thereafter. Nothing
herein shall be construed by either party bprevent a modification based upon material ci..ange
in circumstances.
13. SUBSEOlIEN'I' DIVORCE:
Wife has filed a no-fault complaint in divorce against Husband. Ilusband and Wife each
agree to sign an affidavit of consent to be filed in said divorce action. In Ihe event such divorce
action is concluded, the parties shall be bound by all the terms 01' this Agreement which may be
incorporated b)' reference into the Divorce Decree. shall not be merged into the Divorce Decree,
and shall not be modified, but shall in all respects ,.urvive the same and be further binding and
conclusive upon the parties. It is the intention of the partie~ thatth\\ ^gr~~melll shaH $'lrvive
any action for divorce which may be instituted and prosecuted bv ~j,I'('t P"rty ~mr.l no ordcr,
judgment or decree of divorce, lenlporary, final or permanent sha;' ..m"'l ()f" !. i the tln?lIcial
terms of this Agreement. This Agreemelll may be incorporated in (mt ,<hall n." 11'I'f'e inl" any
such judgment or decree of final divorce. hut shall h'l incorporlllecl tnr lie; i".rpos"s 0;'
enforcement only.
14. BREACII AND ENFORCEMENr.:.
If eimer party breaches any provision of t:lis AgrcclIleJlt. thc other rnrty ~.', ;, :m'" '"J'
r~t, at his ~er election, to sue for damages for snch llrcach, or seck other "il.',' rcmeoll.s
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respCltlllble for payment of lepl feel and costs incurred by the other in enforcing his or her
rights under this Agreement.
A. It Is expressly undentood and agreed by and between the parties hereto that this
Agreement may be specifically enforced by either Husband or Wife in Equity, and tIo~ parties
hereto agree that if an action to enforce this Agreement is brought in Equity by either "arty,the
otlw party will make no objecllon on the alleged ground of Jack of j'lrlsdlction of said Court
on the ground that there is an adequate remedy at law. the parties to not intend or purport
hereby to improperly confer jurisdiction on a Court in Equity by this Agreement. but they agree
lIS provided herein for the forum of Equity in mutual recognition of the present state of the law,
and in recognition of the general jurisdiction of Courts in Equity over agreemenl5 such as this
one.
"
B. Notwithstanding anything to the contrary herein. Husband and Wife may also
proceed with an action at law for redress of his or her rights under the terms of this Agreement.
and in such event it is specifically understood and agreed that for and in specific consideration
of the other provisions and covenanls of this Agreement, each shall waive any ri!lht to a jury
trial so as to expedite the hearing and disposition of such case and so as to avoid delay.
C. Each party further hereby Pgrees to pay and to save and hold harmless the other party
from any and all attorney's fees and COBl5 of litigation that either may sustain, or incur or
become liable for, in any way whatsoever, or shall pay upon, or in consequencc of any default
or breach by the other of any of the terms or provisions of this agreement by reason of which
either party shall be obliged to retain or engage counsel to initiate or maintain or defend
proceedings against the other at law or equity or both in any way whiltsoever; provided that the
party seeks to recover sueh attorney's fees, and costs of litigation must first be successful In
whole or in part, before there would be any liability for attorney's fees and cosrs of litigation.
It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall
bear the burden and obligation of any and all costs and expenses lInd counsel fees incurred by
himself Or herself as well as the other party in endeavoring to protect or enforce his or her rights
under this Agreement.
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IS. ADDITIONAL lJI/STRUMENTS:
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Each of the parties shall from time to rime. lit the request or tile ()(hCL'lXeClltC,
acknowledge and deliver 10 th.) other party allY and all further inSlrllll1el1l.S thaI Iflay he
reasonably required to give full force and effect to the provisions of this ^~I(:Cl1lCl1t.
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16. VOU~AR.Y EXECtlTIONI
The provlslolll of this Apment and their lellll effect have been completely reviewed
by the. parties, and each part)' acknowledafJ$ dult the A.reement is fair and equitable, that It Is
belns entered Into voJunrarlly. with full knowledge of the assets of both parlles,and that It is
not the result of any duress or undue inl1uence. The panles acknowledge dult they have been
furnished with all information relating to the financial affairs of the other which has been
requested by each of them.
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17. ENTIRE AGREEMF..NT:
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This Asreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those eKpressly set forth
herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with
respect to the division and distribution of marital and separate property arc fair, equitable and
satisfactory to them based on the length of their marriage and other relevant factors which have
been taken Into consideration by the parties. Both parties hereby accept the provisions of this
Agreement with respect to the divlsl?n of property in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have or hereafter have against the other
for equitable dbtribution of their property by any court of competent jurisdiction pursuant to
Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but nothing herein contained shall
constitute a waiver by either party of any rights 10 seek the relief of any court for the purpose;
of enforcing any provision of this Agreement.
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18. DISCLO.'JURE:
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Husband and Wife each represent and warrant to the other that he or she hM lIlade a full
and complete disclosure 10 the other party of all assets of any nature whalSoevcr in which such
party has an interest, the sources and amount of the income of such party or every type
whatsoever and of all other fac::15 relating to the subject mailer of this Agreement.
19. MODIF1CATION ANllJU.lYKR:
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A modification and waiver of any of the provisillJ\s (If this Agr<'!:m,,," ,1",11 oe effcctive.
only if made ill writing and executed with the same fortn.llity liS this ^gn:cl\1cnt. Th~ I:lilnre
of either party to insist upon strict performance of any of the provisillll$ Ill' (I,is ^gr~"m(~'ll shall
nOI be construed lIS a waiver (If allY subscqucllt default of the ,~amc I),' similai' Ilaturc,
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It Is unclcrs~ and qreed that any and all property settlement agreement' which may
or bavobcen executed prior to the date and time of this Apment arc null and void and of no
effect.
21. mi'.llnt1PT1Vl'. READINGS:
1'he descriptive headinp used herein are for convcniellCll only. They sball hr. ve no effect
wbalSCieYel' in determining the righ18 or obllgatlollS of the parties.
22. 1NDEPENnRNT SEPARATE COVF..NAN'tS:
It is specifically understood and agreed by and blltween the parties hereto tbat each
paragraph hereof shall be deemed to be a separate ami indel endent covenant and agreement.
23. APPLlC<\BLE LAW:
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
24. ypm CI.AIJSF.8:
If any terms, eonditions. clause or provision of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreclrent and in all other respects this Agreement shall
be valid and continue in full force, effect and operation.
26. AGRRRM1r.NT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the bene lit of tbe parties hereto and
their respective heirs, executors, administrators, sucec.~sors and assigns. ' '. "
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IN WlTNISS WHEREOF. the panles hereto have set their hand and Ie8Is the day and
year flret abovo written.
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(SEAL)
(SEAL)
COMMONWEALTH OF PENNSYLV AN1A
COUNTY OF CUMBERLAND
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Sworn to and subscribed by Roben A. Detwiler and Debbi" J. Detwiler aft',r having
subslalltlally proven theit identities and having appeared before me a notary public on P"M:Jl {,
r1'IJ' signed this document as theil' willing and voluntary act & deed.
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61-:?rG
Memorandum
Date: February 10, 2002
To: Honorable Judge Edward E. Guido
From: Robert A. Detwiler
Re: NO. 2001-7014 Civil Term
Debbie J. Detw.iler vs. Robert A. Detw.iler
Facts
Both the defendant and plaintiff signed a current custody agreement inclluded in
the separation and property settlement agreement dated June 6, 1996. The
agreement states in section 13 Custody of Children & Dependency Exemptions:
"It is further agreed that both parents shall maintain a residence with a 50 mile
radius of Carlisle, P A."
Ryan L. Detwiler, the subject of this litigation, is currently enrolled in Big Spring
High School and attending her sophomore year. Ryan bas a19-year-old sister,
grandparents, great grandmother and cousins who all live locally.
Arl!Ument
The defendant believes that it is in the best interest of Ryan to remain in the
Carlisle area where she can continue her stable lifestyle.
1. The plaintiff, Debbie J. Detwiler, for 5 ~ years has followed this signed
agreement with a belief that this was in the best interest .of Ryan. These interests
in Ryan's daily life include the closeness of her older sister, Robbie J. Detwiler
(19), and her father. Ryan is a healthy teenager that enjoys the most out oflife
and considers her immediate family very important.
2. Ryan has no great gains in moving to North Carolina. Changing schools in the
middle of her four important years would not benefit her socially or
educationally. The family support that Ryan receives locally is not just inclusive , '.IL.,.
of her father and sister, but extends to her Grandmother, Grandfather, Great ''\JVfIP'' rJ
Grandmother, Stepmother JUld .cousins. ~ankequently .enjoys family "get.to- I'
gathers".
3. Deb has expressed an interest in moving to N.C. for several years and has
discussed this with~an anll hprJmsband, Jeffrey Turley. This recent custody
change request, with tliecourt, has followed Deb's recent divorce of Jeffrey
Turley. Deb has not Cound the movement to~~c..adYlUltageollS, in tlre-Jlllst. due
to Jeffrey's tenure with the state government, jeopardizing his retirement.
4. Part of our agreement to confine the areJl of residell,cy was to he-2blelo .establish
job security for both parents and still maintain daily involvement with our
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children. Requiring us to move to N. C. would jeopardize my 5-year
employment with Pitney Bowes Management Services.
5. I contest that Deb's "lateral move" with Redneck Trailer Supplies is not a
situation that lends ORPortunity but is an employer that is accommodating a
good employee's desire to relocate. To the best of my knowledge, Deb is not
facing layoffs or downsizing that jeopar.dizesher current employment.
6. Hthe court did allow Deb to relocate, with Ryan, to N.C. Ryan's closest relative
would be an auntaboutll1our away. Deb's motherlives in Florida and her
father lives in Alabama making the family support system difficuh at best.
7. Amy and I are currently involved with Ryan's everyday tife. We provide such
involvement as:
~ Picking her up from school when sick, early dismissal, after school activities,
etc.
~ Doctorl Dentist appointments
~ Parent Teacher conferences
~ Homework assignments
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Conclusion
For the above reasons, it wonld be in Ryan's best interest to continue with the terms
of the existing custody agreement.
Witnesses
Amy K. Detwiler
Anticioated Testimonv of Amv K. Detwiler
Amy will testify that she routinely provides transportation and biological parent
replacement support for Ryan on short notice. These requests arephoue calls from
Deb and Ryan. Amy will further testify that Deb stated that her primary reason for
transferring to N.C. was due to family reasons.
Robert A. Detwiler ,pro se
Cc: Jason P. Kutulaki~ Esquire, Counsel for Plaintiff
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Citationj'ritle
597 A.2d 701, 409 Pa.Super. 143, Plowman v. Plowman, (Pa.Super. 1991)
*707 Jason was allowed to stay in Maryland, the more it could be argued that it
was in his best interests to remain in Maryland under the new status quo.
Given the compelling interests of the non-custodial parent involved here, the
court's delay in holding the evidentiary hearing was unreasonable.
[8] In Gruber, supra, we set forth the following three factors for the trial
court to lltilize in determining whether [409 Pa.Super. 154] a custodial parent
shall be permitted to relocate a geographical distance from a non-custodial
parent:
1. the potential advantages of the proposed move and the likelihood that the
move would substantially improve the quality of life for the custodial parent
and the child and is not the result of a momentary whim on the part of the
custodial parent;
2. the integrity of the motives of both the custodial and non-custodial
parent in either seeking the move or seeking to prevent it;
3. the availability of realistic, substitute visitation arrangements which
will adeqllately foster an ongoing relationship between the child and the non-
custodial parent.
Id. at 184-85, 583 A.2d at 439. These considerations must then be factored
into the 1l1timate consideration of the court, which is to determine what is in
the best interests of the child. See Lee v. Pontine, 406 Pa.Super. 487, 594
A.2d 724 (1991), at ----, 594 A.2d at 726 (any judicially determined
preconditions may amplify, but do not alter, the best interest standard).
After ~eviewing the record we find that Judge Kaplan failed to consider the
impact of any of these concerns when deciding to allow mother to relocate with
Jason. However, we cannot redress this error by eliminating all the proceedings
that have occurred until this point. Our review must be based on the best
interests of the child at the time of the present hearing. Commonwealth ex
rel. Gorto v. Gorto, 298 Pa.Super. 509, 514, 444 A.2d 1299, 1301 (1982) (facts
as of the time of hearing are the foundation for determination of the court) .
In custody proceedings, the paramount concern is the welfare of the children and
all considerations, including the rights of the parents, are subordinate to the
children's physical, intellectual, moral spiritual and emotional well being.
Constant A. v. Paul C.A., 344 Pa.Super. 49, 65, 496 A.2d 1, 9 (1985). We cannot
ignore the last two years of the child's life in Maryland as though they never
occurred. Therefore, we find that the trial court was [409 Pa.Super. 155]
correct in determining that it would be useless to pass judgment on the prior
decision, but could appropriately consider the effect of that decision on the
welfare of the minor child. (FN3)
[9] Father also contends that the lower court failed to adequately consider
the mother's interference with the father's relationship with the child, her
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
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DEBBIE J. DETWILER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-7014 CIVIL TERM
CIVIL ACTION - LAW
ROBERT A. DETWILER,
Defendant
IN CUSTODY
IN RE: REOUESTED PORTION OF PROCEEDINGS
Proceedings held before the HONORABLE
Edward E. Guido, J., Cumberland County
Courthouse, Carlisle, Pennsylvania, on
February 15, 2002, in Courtroom Number Five.
APPEARANCES:
Jason P. Kutulakis, Esquire
For the Plaintiff
Robert A. Detwiler, Pro Se
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THE COURT:
Go ahead. Mr. Kutulakis.
2 BY MR. KUTULAKIS:
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Mr. Detwiler submitted a pre-hearing
4 memorandum to the Judge regarding -- and it stated in there
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an individual's name, Jeff Turley (phonetic).
Can you
6 tell --
7
THE COURT:
You've mentioned that. I
:3 haven't seen a pre-hearing memorandum from anybody.
9
MR. DETWILER: Your Honor, I submitted one.
10
THE COURT: I haven't seen your's, Mr.
11 Kutulakis, and I have not seen Mr. -- where did you submit
12 it, sir?
13
MR. DETWILER:
I was told to send it to the
14 Court Administrator's office here.
15
THE COURT:
That explains why I haven't
16 seen it. Did you send your's to the Court Administrator
17 also, Mr. Kutulakis?
18
MR. KUTULAKIS: Your Honor, I did not submit
19 a pre-hearing memorandum. We covered our witnesses, the
20 length of the hearing, and the facts of the case at the
21 conciliator's meeting.
22 THE COURT: Well, my order said to submit a
23 pre-hearing memorandum. I wasn't at the conciliator's
24
meeting. All right.
Proceed.
Next question.
25
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
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;" Michele A. Eline
Official Court Reporter
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The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
tt!fJ(fJ.3
Date
Edward E. Guido, J.
Ninth Judicial District
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