HomeMy WebLinkAbout03-2884
HARRY L. MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03.;l. 'n'/
CIVIL TERM
TAMMY L. MITTEN,
Defendant
: IN LAW - DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment may
be entered against you by the court. A judgment may also be entered against you for any
other relief requested in these papers by the Plaintiff. You may loose money or property
or other rights important to you, including custody or visitation of your children.
When the grounds for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, First Floor, Cwnberland County Courthouse,
I Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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.
Cwnberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. {J!3. ..l 'I &' 'f CIVIL TERM
HARRY L. MITTEN,
Plaintiff
TAMMY L. MITTEN,
Defendant
: IN LAW - DIVORCE
COMPLAINT IN DIVORCE
AND NOW COMES the Plaintiff, HARRY L. MITTEN, by his counsel, William
L. Grubb, Esquire, and complains of the Defendant, TAMMY L. MITTEN, as follows:
COUNT I
COMPLAINT UNDER SECTION 3301 (c) OR
3301 (d) OF THE DIVORCE CODE
1. Plaintiff is HARRY L. MITTEN, who currently resides at New
Cumberland, Cumberland County, Pennsylvania.
2. Defendant is TAMMY L. MITTEN, who currently resides at 458 Elder
Trail, Fairview Township, York County, Pennsylvania.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least
six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on June 21, 1989, at Honolulu,
Hawaii.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Neither party is in the Armed Services of the United States or its allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the Court require the parties to participate in
counseling.
9. Plaintiff requests the Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the
marriage between the parties.
COUNT II
EOUITABLE DISTRIBUTION
10. Plaintiff incorporates the allegations of paragraphs one (1) through nine
(9) by reference as if set forth at length herein.
II. During the course of the marriage, the parties have acquired numerous
items of property, both real and personal, which are held in joint names and in the
individual names of the parties hereto.
12. The Plaintiff and the Defendant have been unable, as of the date of this
complaint, to agree as to an equitable division of said property.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full
disclosure by the Defendant, to equitably divide the property, both real and personal,
owned by the parties hereto as marital property
Respectfully submitted,
Date: ~O.3.
lDD~~~lXL~_
William 1. Grubb, Esquire
LD. # 72661
3105 Old Gettysburg Road
Camp Hill, P A 17011
(717) 763-5580
Attorney for Plaintiff
VERIFICATION
I, HARRY L. MITTEN, verify that the statements made in this document are true
and correct. I understand that false statements herein are made subject to penalties of 18
Pa. C.S. S 4904, relating to unsworn falsification to authorities.
Date: C, -/~~ O~
;!( d~
Harry L. Mitten, Plaintiff
CERTIFICATE OF SERVICE
I, WILLIAM L. GRUBB, Esquire, certifY that I have served a copy of the
foregoing document on the individual listed below by depositing the same in the United
States Mail, Certified, First Class, restricted delivery, postage prepaid, at Camp Hill,
Pennsylvania:
Tammy L. Mitten
458 Elder Trail
New Cumberland, P A 17070
Date: ~Z<>"J
l~fN~L'0-
William L. Grubb, Esquire
3105 Old Gettysburg Road
Camp Hill, PA 17011
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HARRY 1. MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMMY 1. MITTEN,
Defendant
: IN LAW - DIVORCE
PROOF OF SERVICE BY MAIL
I hereby certify that a true and correct copy of the
Complaint in Divorce filed in the above matter, was served
on Tammy L. Mitten by prepaid, first class, certified mail,
return receipt requested, deliver to addressee only, at 458
Elder Trail, New Cumberland, PA 17070, on June 19, 2003.
Addressee acknowledged receipt of the same on June 20, 2003,
as shown by the return receipt card attached hereto as
Exhibit "Au.
I verify that the statements made in this document are
true and correct. I understand that false statements herein
are made subject to penalties of 18 Pa. C.S. ~ 4904,
relating to unsworn falsification to authorities.
Dated: ~-3 r -b3
~~-1J,~
William L. Grubb, Esquire
1. D. 72661
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 763-5580
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:::NDER COfVIPll rE THfS ~>ECTfON
. Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mallplece,
or on the front if space permits.
1. Article Addressed to:
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2. Article Number (Copy from service label) --,
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HARRY 1. MITTEN,
PLAINTIFF
,
IN THE COURT OF COMMON FLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-2884 - CIVIL TERM
TAMMY 1. MITTEN,
DEFENDANT
CIVIL ACTION - DIVORCE
NOTICE TO PLEAD
To: Harry L. Mitten
And William Grubb, Esquire, his attorney
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO TH ENCLOSED
DEFENDANT'S NEW MATTER TO PLAINTIFF'S COMPLAINT IN DIVORCE W THIN TWENTY
(20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED A AINST YOU.
\2..~
Richard C. Gaffney, .,
HARRY 1. MITTEN,
PLAINTIFF
i
IN THE COURT OF COMMON fLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-2884 - CIVIL TERM
TAMMY 1. MITTEN,
DEFENDANT
CIVIL ACTION - DIVORCE
DEFENDANT'S NEW MATTER
TO PT.A TNTTFF'S COMPT.A TNT TN mVORCR
AND NOW, COMES the Defendant, Tammy 1. Mitten, by and through her att rneys, Richard C.
Gaffney, Jr., MBA, Esquire and SMIGEL, ANDERSON & SACKS, LLP, and files the within New
Matter to Plaintiffs Complaint in Divorce and represents as follows:
New Matter - Counterclaim No.1:
Divorce under Section 3301(a)(6) or Section 3301(a)(2) of the Divorce ode
13. Plaintiff has offered such indignities to Defendant, the innocent and injured spouse, as to
render her condition intolerable and life burdensome.
14. Defendant has committed adultery.
15. WHEREFORE, Defendant prays this Honorable Court for entry of a Decre in Divorce under
Section 3301 (a)(6) of the Divorce Code or, in the alternative, Section 3301 )(2) of the
Divorce Code.
16.
I
I
Defendant repeats and realleges the averments of paragraphs 13 through 15j which are
incorporated by reference herein. !
Defendant requires support to adequately maintain herself in accordance wi the standard of
New Matter - Counterclaim No.2: Alimony
17.
living established during the marriage.
18. WHEREFORE, Defendant prays this Honorable Court for entry of an Orde awarding her
alimony under Section 3701 of the Divorce Code.
New Matter - Counterclaim No.3: Maintenance of Life Insuratce
19. Defendant repeats and realleges the averments of paragraphs 13 through 18j which are
incorporated by reference herein.
20. Defendant has no life insurance other than that presently available to her tlujough Plaintiff and
she lacks sufficient funds to acquire or maintain a new life insurance policy
21. Plaintiff is the owner of a life insurance policy or policies for which Defen t is the
designated beneficiary or was the designated beneficiary during the marriag .
22. Without intervention by the Court directing that Defendant be maintained a beneficiary,
Defendant is fearful that Plaintiff will change the beneficiary in order to de
in the policy.
23. WHEREFORE, Defendant requests the Court to enter an Order under Secti n 3502(d) of the
Divorce Code directing Plaintiff to maintain the existing life insurance cov rage on her life
and further to maintain Plaintiff as sole beneficiary there under.
New Matter - Counterclaim No.4: Alimony Pendente Lite
24. Defendant repeats and realleges the averments of paragraphs 13 through 23, which are
incorporated by reference herein.
25. Defendant has no adequate means of support for herself during the course 0 this litigation.
26. Defendant has no health insurance other than that presently available to her hrough Plaintiffs
employment.
27. WHEREFORE, Defendant prays this Honorable Court for an Order under S ction 3702 of
the Divorce Code awarding to Defendant reasonable alimony pendente lite d directing the
Plaintiffto maintain Defendant on his health and hospitalization insurance lans at Plaintiffs
cost or at Plaintiffs employer's cost.
New Matter - Counterclaim No.5: Attorneys' Fees and Cost
28. Defendant repeats and realleges the averments of paragraphs 13 through 27 hich are
incorporated by reference herein
- 2 -
29. Defendant does not have sufficient funds to pay counsel fees, costs or expe4ses incidental to
this action.
30. WHEREFORE, Defendant requests the Court to enter an Order under Sectipn 3702 of the
Divorce Code directing Plaintiff to pay Defendant's reasonable attorneys' f~es and costs in
this action.
New Matter - Counterclaim No.6: Order Confirming Custo y
31. Defendant repeats and realleges the averments of paragraphs 13 through 30 which are
incorporated by reference herein.
32. Plaintiff (hereinafter, "Father") and Defendant (hereinafter, "Mother") are e parents of a
minor child, Payton Jame Mitten, age 5, (D.O.B. 8/12/97) (hereinafter, "Pa on" or the
"Child").
33. Mother seeks an Order confirming sole legal and physical custody ofPayto in her.
34. Mother resides at 458 Elder Trail, New Cumberland, Pennsylvania.
35. Father resides at 6287 Spring Noll Drive, Lower Paxton, Pennsylvania.
36. The Child was not born out of wedlock.
37. The Child is presently in the custody of the Mother, who resides as set fort above.
38. During the past five (5) years, the Child has always resided with the Moth
39. The mother of the Child is the Defendant, currently residing as set forth ab ve. She is
married to the Father.
40. The father of the Child is the Plaintiff, currently residing as set forth above He is married to
the Mother.
41. The relationship of the Plaintiff to the Child is that of father.
42. The relationship of the Defendant to the Child is that of Mother.
43. Father does not reside with the Mother and the Child.
44. Mother resides with the Child as set forth above.
45. Mother has not participated as a party or witness, or in any other capacity i other litigation
concerning the custody of Payton in this or in any other court.
- 3 -
,
46. Mother has no information of a custody proceeding concerning the Child pe~ding in a court
of this Commonwealth or a court of any other state.
47. Mother does not know of a person not a party to the proceedings who has p~ysical custody of
the Child or claims to have custody or visitation rights with respect to the C~ild.
48. The best interests and permanent welfare of Payton will be served by granti g the relief
requested for at least the following reasons:
a. Because Mother is the parent best able to provide Payton a stable, lovin and nurturing
home environment.
b. Because Mother has been Payton's primary nurturing parent for Payton' entire life.
c. Because Payton needs the stability that the status quo custody arrangem nt provides.
d. Because Father is preoccupied with his paramour to the neglect and det iment of Payton.
e. Because Father is a problem drinker who has not sought counseling or therwise
addressed his drinking problem.
f. Because Mother has needed to secure Protection from Abuse Orders to rotect her and
the Child from Father's physically and verbally abusive conduct.
49. Each parent whose parental rights to the Child have not been terminated an the person(s)
who have physical custody ofthe Child have been named as parties to this
50. WHEREFORE, Defendant prays this Honorable Court for an Order conti ing sole legal and
physical custody of Payton in her and allowing supervised visitation to Fat er.
SMIGEL, ANDERSON & SACKS, L P
Date: ~_ Ie., 2.0<::>~
By:
4431 NORTH FRONT STREET
HARRISBURG, PA 17110-170
Telephone: (717) 234-2401
ATTORNEYS FOR PLAINTIF
- 4 -
HARRY L. MITTEN,
PLAINTIFF
IN THE COURT OF COMMON *LEAS
CUMBERLAND COUNTY, PE$SYL VANIA
v.
NO. 03-2884 - CIVIL TERM
TAMMY L. MITTEN,
DEFENDANT
CIVIL ACTION - DIVORCE
CF.RTTFTCATR OF SF.RVTCF.
The undersigned, being duly sworn, certifies that, on this 20th day of August, 2003, th foregoing New
Matter to Plaintiff s Complaint in Divorce was served on counsel for the Plaintiff at th address and in
the manner stated herein below: Via first class United States Mail, postage prepaid, to:
William Grubb
3105 Old Gettysburg Road
Camp Hill, P A 17011
- 6 -
08-12-0! 08:!TAM FRO~SUIGEL,~NDERSON' SACKS
TH214!E! 1
HEO POTI081 HTS
Vli'RJETl':,o\. TION
I verify that th~ sl!llCments made in this Answer are true and corTeC!. I understand rat false
statements herein are made subject to the penalties of 18 Pa.C.S. SectioIl4904, relating to rwom
falsificatioIl to authorities. '
Date:
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HARRY L. MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMMY L. MITTEN,
Defendant
: IN LAW - DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
HARRY L. MITTEN, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that
I may request that the court require that my spouse and I pmticipate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Office of
the Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court.
I understand that false statements herein are made subject to the penalties of Pa.
C.S. 94904, relating to unsworn falsification to authorities.
Date: ~-3c-03
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Harry L. Mitten, Plaintiff
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HARRY L. MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03- 2884
CIVIL TERM
TAMMY L. MITTEN,
Defendant
: IN LAW - DIVORCE
PLAINTIFF / PETITIONER'S PRELIMINARY OBJECTIONS TO COMPLAINT
FOR CUSTODY PURSUANT TO PA. R.c.P. 1915.5
AND NOW, Plaintiff, by and through his attorney, William L. Grubb,
Esquire, files Preliminary Objections to DEFENDANT'S NEW MATTER -
COUNTERCLAIM NO.6: ORDER CONFIRMING CUSTODY, pursuant to Pa. R.C.P.
1915.5, and in support thereof, avers the following:
I. Plaintiff / Petitioner is HARRY L. MITTEN, who currently resides in
Lower Paxton Township, Dauphin County, Pennsylvania.
2. Defendant / Respondent is TAMMY L. MITTEN, who currently resides at
458 Elder Trail, Fairview Township, York County, Pennsylvania.
3. The parties hereto are spouses. having been married on June 21, 1989.
4. The parties are the parents 0:' the minor child, Payton Jame Mitten, who
currently resides with the Mother, the Defendant, in York County.
5. The Child is currently a resident of York County and has been so since
December, 2000.
6. On June 20, 2003, the Defendant was served with a Complaint in Divorce
in the above-captioned matter.
7. On August 20, 2003. Defendant filed NEW MATTER to Plaintiffs
Complaint in Divorce, a copy of which is attached as Exhibit "A".
8. THE DEFENDANT'S NEW MATTER - COUNTERCLAIM NO.6:
ORDER CONFIRMING CUSTODY, is in reality a complaint in custody.
9. Pennsylvania Rules of Civil Procedure provide the proper venue for the
filing ofa custody action in Rule 1915.2.
10. Plaintiff / Petitioner believes. and therefore avers, that said counterclaim /
complaint was not brought in a county of proper venue on the following grounds:
A. The county in which the counterclaim was brought was not the
home county of the child at the time of the commencement of the proceeding;
B. There is another county to which the child has a significant
connection and there is available within that county substlilltial evidence concerning the
child's present or future care;
C. The child has no signi ficant contacts with the county in which this
cusody complaint was brought.
WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court
enter an Order granting the Preliminary Objections and dismissing the DEFENDANT'S
NEW MATTER - COUNTERCLAIM NO.6: ORDER CONFIRMING CUSTODY.
Respectfully submitted,
Date: ~ ,~ 2<-'..'
wjL.%M.~.,
William L. Grubb, Esquire
!.D. # 72661
3 I 05 Old Gettysburg Road
Camp Hill, PAl 70 II
(717) 763-5580
Attorm:y for Plaintiff / Petitioner
CERTIFICATE OF SERVICE
I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the
foregoing PLAINTIFF/PETITIONER'S PRELIMINARY OBJECTIONS TO
COMPLAINT FOR CUSTODY PURSUANT TO PA. R.C.P. 1915.5 on the counsel for
the Defendant / Respondent the address listed below by depositing the same in the United
States Mail, First Class, postage prepaid, at Camp Hill, Pennsylvania, to:
Richard C. Gaffney, Esquire
4431 North Front Street
Harrisburg, P A 17110
Date: <;~8,~.J
_lp:?LJ/~&.
,
William L. Gmbb, Esquire
3105 Old Gettysburg Road
Camp Hill, P A 17011
HARRY 1. MITTEN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-2884 - CIVIL TERM
TAMMY 1. MITTEN,
DEFENDANT
CIVIL ACTION - DIVORCE
DEFENDANT'S NEW MATTER
TO PLAINTIFF'S r.OMPLAINT IN nIVORr.F.
AND NOW, COMES the Defendant, Tammy 1. Mitten, by and through her attorneys, Richard C.
Gaffney, Jr., MBA, Esquire and SMIGEL, ANDERSON & SACKS, LLP, and files the within New
Matter to Plaintiffs Complaint in Divorce and represents as follows:
New Matter - Counterclaim No.1:
Divorce under Section 3301(a)(6) or Section 3301(a)(2) of the Divorce Code
13. Plaintiff has offered such indignities to Defendant, the innocent and injured spouse, as to
render her condition intolerable and life burdensome.
14. Defendant has committed adultery.
15. WHEREFORE, Defendant prays this Honorable Court for entry ofa Decree in Divorce under
Section 3301 (a)(6) of the Divorce Code or, in the alternative, Section 3301 (a)(2) of the
Divorce Code.
New Matter - Counterclaim No.2: Alimony
16. Defendant repeats and realleges the averments of paragraphs 13 through IS, which are
incorporated by reference herein.
17. Defendant requires support to adequately maintain herself in accordance with the standard of
living established during the marriage.
18. WHEREFORE, Defendant prays this Honorable Court for entry of an Order awarding her
alimony under Section 3701 of the Divorce Code.
€)( If : f> ~ r II II ,.
New Matter - Counterclaim No.3: Maintenance of Life Insurance
19. Defendant repeats and realIeges the averments of paragraphs I3 through 18, which are
incorporated by reference herein.
20. Defendant has no life insurance other than that presently available to her through Plaintiff and
she lacks sufficient funds to acquire or maintain a new life insurance policy.
21. Plaintiff is the owner of a life insurance policy or policies for which Defendant is the
designated beneficiary or was the designated beneficiary during the marriage.
22. Without intervention by the Court directing that Defendant be maintained as beneficiary,
Defendant is fearful that Plaintiff will change the beneficiary in order to defeat her interests
in the policy.
23. WHEREFORE, Defendant requests the Court to enter an Order under Section 3502(d) of the
Divorce Code directing Plaintiff to maintain the existing life insurance coverage on her life
and further to maintain Plaintiff as sole beneficiary there under.
New Matter - Counterclaim No.4: Alimony Pendente Lite
24. Defendant repeats and reaIleges the averments of paragraphs I3 through 23, which are
incorporated by reference herein.
25. Defendant has no adequate means of support for herself during the course ofthis litigation.
26. Defendant has no health insurance other tlIan that presently available to her through Plaintiffs
. employment.
27. WHEREFORE, Defendant prays this Honorable Court for an Order under Section 3702 of
the Divorce Code awarding to Defendant reasonable alimony pendente lite and directing the
Plaintiff to maintain Defendant on his health and hospitalization insurance plans at Plaintiffs
cost or at Plaintiff's employer's cost.
New Matter - Counterclaim No.5: Attorneys' Fees and Costs
28. Defendant repeats and realIeges the averments of paragraphs I3 through 27 which are
incorporated by reference herein
- 2 -
29. Defendant does not have sufficient funds to pay counsel fees, costs or expenses incidental to
this action.
30. WHEREFORE, Defendant requests the Court to enter an Order under Section 3702 of the
Divorce Code directing Plaintiff to pay Defendant's reasonable attorneys' fees and costs in
this action.
New Matter - Counterclaim No.6: Order Confirming Custody
31. Defendant repeats and realleges the averments of paragraphs 13 through 30, which are
incorporated by reference herein.
32. Plaintiff (hereinafter, "Father") and Defendant (hereinafter, "Mother") are the parents of a
minor child, Payton lame Mitten, age 5, (D.O.B. 8/12/97) (hereinafter, "Payton" or the
"Child").
33. Mother seeks an Order confirming sole legal and physical custody of Payton in her.
34. Mother resides at 458 Elder Trail, New Cumberland, Pennsylvania.
35. Father resides at 6287 Spring Noll Drive, Lower Paxton, Pennsylvania.
36. The Child was not born out of wedlock.
37. The Child is presently in the custody of the Mother, who resides as set forth above.
38. During the past five (5) years, the Child has always resided with the Mother.
39. The mother of the Child is the Defendant, currently residing as set forth above. She is
married to the Father.
40. The father of the Child is the Plaintiff, currently residing as set forth above. He is married to
the Mother.
41. The relationship of the Plaintiff to the Child is that of father.
42. The relationship of the Defendant to the Child is that of Mother.
43. Father does not reside with the Mother and the Chil.d.
44. Mother resides with the Child as set forth above.
45. Mother has not participated as a party or witness, or in any other capacity in other litigation
concerning the custody of Payton in this or in any other court.
- 3 -
46. Mother has no information of a custody proceeding concerning the Child pending in a COUlt
of this Commonwealth or a court of any other state.
47. Mother 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.
48. The best interests and permanent welfare of Payton will be served by granting the relief
requested for at least the following reasons:
a. Because Mother is the parent best able to provide Payton a stable, loving and nurturing
home environment.
b. Because Mother has been Payton's primary nurturing parent for Payton's entire life.
c. Because Payton needs the stability that the status quo custody arrangement provides.
d. Because Father is preoccupied with his paramour to the neglect and detriment of Payton.
e. Because Father is a problem drinker who has not sought counseling or otherwise
addressed his drinking problem.
f. Because Mother has needed to secure Protection from Abuse Orders to protect her and
the Child from Father's physically and verbally abusive conduct.
49. Each parent whose parental rights to the Child haw not been terminated and the person(s)
who have physical custody of the Child have been named as parties to this action.
50. WHEREFORE, Defendant prays this Honorable Court for an Order confirming sole legal and
physical custody of Payton in her and allowing supervised visitation to Father.
SMIGEL, ANDERSON & SACKS, LLP
Date: ~. Ie, :Loe:<:>
4431 NORTH FRONT STREET
HARRISBURG, PA 17110-1709
Telephone: (717) 234-2401
ATTORNEYS FOR PLAINTIFF
- 4 -
HARRY L. MITTEN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-2884 - CIVIL TERM
TAMMY L. MITTEN,
DEFENDANT
CIVIL ACTION - DIVORCE
CRRTTFTc.ATR OF SF.RVTc.F.
The lmdersigned, being duly sworn, certifies that, on this 20th day of August, 2003, the foregoing New
Matter to Plaintiff s Complaint in Divorce was served on counsel for the Plaintiff at the address and in
the manner stated herein below: Via first class United States Mail, postage prepaid, to:
William Grubb
3105 Old Gettysburg Road
Camp Hill, PA 17011
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'Shawna M.Meyer I
- 6 -
VFRTmC':A TTON.
I verify that th~ statements made in this Answer are true 3l\d correct. 1 understand that false
statements herein are made subject 10 the penalties of 18 Pa.e.S. Section 4904, relating to Wlswom
falsification to authorities.
Date:
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HARRY L. MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03 - 2884
CIVIL TERM
TAMMY L. MITTEN,
Defendant
: IN LAW - DIVORCE
PLAINTIFF'S ANSWERS TO DEFENDANT'S NEW MATTER
AND NOW COMES the Plaintifl~ HARRY L. MITTEN, by his counsel, William
L. Grubb, Esquire, and files the within Answers to Defendant's New Matter and
represents as follows:
COUNTER CLAIM No.1
Divorce Under Sections 3301(a)(6) or 3301(a)(2) of the Divorce Code
13. Denied. Strict proof is demanded at time of trial.
14. Denied. Strict proof is demanded at time of trial.
IS. WHEREFORE, Plaintiff requests that this Honorable Court deny and dismiss
Defendant's Counterclaim.
Counterclaim No.2: Alimony
16. No response is required.
17. Denied. And by way offurther response. Defendant is collecting spousal support
as set by Domestic Relations Office. Defendant is not without skills with which to
support herself. Defendant is under-employed. and by her own choice does not maintain
full time employment.
18. WHEREFORE, Plaintiff requests that this Honorable Court deny and dismiss
Defendant's Counterclaim.
Counterclaim No.3: Maintenance of Life Insurance
19. No response is required.
20. Denied. Defendant has funds through her employment and spousal support which
nearly equal the net income of the Plaintiff, who has full time employment as well as a
part-time job. By way of further response, Plaintiff has no knowledge of other life
insurance policies that Defendant may own.
21. Admitted in part and denied in part. A family life insurance policy exists covering
the lives of Plaintiff, Defendant, and their minor child, with the Plaintiff as well as the
Defendant being named as beneficiaries.
22. Denied. By way of further answer, Defendant is not the sole beneficiary under the
policy. Great harm and loss to the Plaintiff would result should he be removed as one of
the beneficiaries and Defendant named as sole beneficiary. Further, this counterclaim is
23. WHEREFORE, Plaintiff requests that this Honorable Court deny Defendant's
requested change of beneficiary, and further direct that this Counterclaim be decided with
the other issues brought under the Count for Equitable Distribution in Plaintiffs
COMPLAINT IN DIVORCE.
Counterclaim No.4: Alimony Pendente Lite
24. No response is required.
25. Denied. Defendant is employed part-time by her own choosing. Defendant is
collecting spousal support with a mortgage deviation, as well as child support. Further,
Defendant appropriated approximately $26,000.00 from a joint savings account and
converted it to her own use.
26. The Plaintiff is without knowledge or belief as to the truth of this statement,
therefore, it is denied
27. WHEREFORE, Plaintiff requests that this Honorable Court deny Defendant's
request for Alimony Pendente Lite.
Counterclaim No.5: Attorneys' Fees and Costs
28. No response required.
29. Denied. Defendant has income from her part time job and spousal support, which
includes a deviation for mortgage payment. as well as child support, the sum of which is
nearly equal to that of the net income, after support dedw;tions, to that of Plaintiff, who
works a full time and a part time job in an attempt to meet his obligations and ordinary
living expenses.
30. WHEREFORE, Plaintiff requests that this Honorable Court deny Defendant's
request for attorneys' fees and costs.
Counterclaim No.6: Order Confirming Custody
Preliminary Objections have been filed to this Count seeking to dismiss for lack
of venue. Should they be denied. Answers to this Count will be filed.
Respectfully submitted,
Date: ~c ~ ), ,?6JJ
11
, - L1Q
WL :/. Cl~.
William 1. Grubb, Esquire
l.D. # 72661
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 763-5580
Attorney for Plaintiff / Respondent
VERIFICATION
I, HARRY 1. MITTEN, verify that the statements made in this document are true
and correct. I understand that false statements herein are made subject to penalties of 18
Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
Date: 9 - '1 -03
~ D~ /I;;V
Harry L. Mitten, Plaintiff
CERTIFICATE OF SERVICE
I, WILLIAM L. GRUBB, Esquire, certifY that I have served a copy of the
foregoing PLAINTIFF/PETITIONER'S PRELIMINARY OBJECTIONS TO
COMPLAINT FOR CUSTODY PURSUANT TO PA. R.C.P. 1915.5 on the counsel for
the Defendant / Respondent the address listed below by depositing the same in the United
States Mail, First Class, postage prepaid, at Camp Hill, Pemlsylvania, to:
Richard C. Gaffney, Esquire
4431 North Front Street
Harrisburg, PA 17110
Date:S~ 8, ~...-3
L~IQ~_ If) t iO,j~
William L. Grubb, Esquire
3105 Old Gettysburg Road
Camp Hill, P A 17011
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HARRY L. MITTEN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-2884 - CIVIL TERM
TAMMY L. MITTEN,
DEFENDANT
CIVIL ACTION - DIVORCE
DEFENDANT'S ANSW]~R
TO PLAINTIFF'S PRELIMINARY OBJECTIONS
AND NOW, COMES the Defendant, Tammy L. Mitten (hereinafter, "Wife"), by and
through her attorneys, Richard C. Gaffuey, Jr., MBA, Esquire and SMIGEL, ANDERSON &
SACKS, LLP, and files the within Answer to Plaintiffs Preliminary Objections and
respectfully answers and represents as follows:
I. Neither admitted nor denied. After reasonable investigation, Wife is without
knowledge or information sufficient to form a belief as to the truth of the
averment in paragraph I of Plaintiffs preliminary objections.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. The averments contained in paragraph 8 of Plaintiffs Preliminary
- I -
Objections constitute conclusions of law to which no responsive pleading is
required. To the extent that an answer is deemed required, Wife denies that her
counterclaim is "in reality" a complaint in custody. By way of further answer,
Wife avers that her counterclaim is just that: a counterclaim.
9. Admitted and Denied. Wife admits that Pa.R.Civ.P. No. 1915.2 (relating to venue
in a custody proceeding) contains provisions concerning venue in a custody
proceeding. Wife denies that Rule No. 1915.2 is applicable to the instant divorce
action. By way of further answer, Wife avers that venue in this case is governed
by Pa.R.Civ.P. No. 1920.15 (concerning counterclaims in divorce actions) and
Pa.R.Civ.P. No. 1920.32 (concerning joinder ofa custody claim in a divorce
action).
10. Denied. By way offurther answer, Wife hereby incorporates herein by reference
thereto her answer contained in paragraph 9 hereinabove.
11. On June 19,2003, Plaintiff (hereinafter, "Husband") commenced this action by
filing a verified Complaint under the Divorce Code in the above captioned docket.
12. Husband alleged in his verified Complaint that he resided in New Cumberland,
Cumberland County, Pennsylvania.
13. On August 20,2003, Wife filed New Matter to Husband's Complaint that
contained, among other counterclaims, a counterclaim to confirm custody in Wife.
14. On September 8, 2003, Husband filed an Answer to Wife's counterclaims.
15. On September 8, 2003, Husband filed Preliminary O~jections to Wife's
counterclaim to confirm custody.
- 2 -
16. On September 10,2003, Husband served the Preliminary Objections on Wife.
17. Husband's Preliminary Objections allege that venue for the custody counterclaim
is not properly laid.
18. Husband did not object to venue for any of Wife's other counterclaims.
19. Husband's preliminary objections should be OVERRULED because venue for the
custody counterclaim is properly laid in Cumberland County.
a. Venue for the divorce action is properly laid under Pa.R.Civ.P. No.
I 920.2(a)(l) (relating to venue in divorce actions) because the action was
brought in the county in which Husband resided at the time Husband filed his
verified Complaint. Venue for the divorce action is also properly laid under
Pa.R.Civ.P. No. I 920.2(a)(2)(ii) because the parties have agreed to the venue
by participating in the proceeding.
b. Venue for Wife's custody counterclaim is properly laid in Cumberland County
under Pa.R.Civ.P. No. 1920. I 5(a) (concerning cOlillterclaims), which allows
her to "set forth in an answer under the heading "Counterclaim" . .. any other
matter which under the Divorce Code may be joined with an action of
divorce." Venue for Wife's custody counterclaim is also properly laid under
Pa.R.Civ.P. No. 1920.32(a) (concemingjoinder of a custody claim in a
divorce action), which states, "Claims for custody of children shall be heard
by the court."
20. In addition or in the alternative, Husband's preliminary objections should be
OVERRULED based on the principle of estoppel. Husband is estopped from
- 3 -
objecting to venue because, by bringing the divorce action in Cumberland County,
Husband consented to Cumberland County as a proper venue to litigate all matters
that can be brought as claims or counterclaims in the: divorce action.
WHEREFORE, Wife respectfully prays this Honorable Court for an Order
OVERRULING Husband's Preliminary Objections and providing all other relief that this
Honorable Court deems just.
SMIGEL, ANDERSON & SACKS, LLP
Date: ~. ~o 2.=3-
.;
By:
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Richard C. Gaffne q i e
Supreme Court J.D. #63
4431 NORTH FRONT STREET
HARRISBURG, PA 17110-1709
Telephone: (717) 234-2401
ATTORNEYS FOR PLAINTIFF
-4 -
"
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HARRY 1. MITTEN,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2884 - CIVIL TERM
TAMMY 1. MITTEN,
DEFENDANT
CIVIL ACTION - DIVORCE
CF.RTTFW A TF. OF SF.RVWF
The undersigned, being duly sworn, certifies that, on this 30th day of September 2003,
the foregoing Answer to Plaintiff's Preliminary Objections was served on counsel for the
Plaintiff at the address and in the manner stated herein below: Via first class United States
Mail, postage prepaid, to:
William Grubb
3105 Old Gettysburg Road
Camp Hill, P A 170 II
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In the Court of Common Pleas of
w",e,
-YtmK
County, Pennsylvania
Phone: (717) 771-9605
DOMESTIC RELATIONS SECTION
PO BOX 1502, YORK, PA. 17405
JUNE 11, 2003
Plaintiff Name: ~.~~~ L. MITTEN
Defendant Name1~y~ L. MITTEN
Docket Number: e1 11 ^ P ~
PACSES Case Number: _ 85512
Other State ID Number:
Fax: (717) 771-9817
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Please note: All correspondence must include the :PACSES Case Number.
Income and Expense Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must
also fill out the Supplemental Income Statement which appears on page two of this income and expense
statement. )
INCOME STATEMENT OF
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Section I: Income and Insnrance
INCOME:
Employer 'OoctoJ"S t-^it\.~ \)N' G.M,&.. 't<.-to..(t\~
Address \'-\\'2... ~',ag~ 'S*'., "1lM.l c,..,_~""".l ~,.. \"to! '"
Type of Work
Payroll No Gross Pay per Pay Period $ -l ..1~.l. CO Pay Period (wkly bi-wkly ete) ~'- W~ "-"-'
., .. . ...
,.". rooq(r) .
Itemized Payroll Deductions:
Federal Withholding $ 11>". \'" Social Security $".,-" Local Waoe Tax $ 1}.'f7
State Income Tall. $ 't4.z.\ Retirement $ ..".\(" Savings Bonds $
Credit Union $ Life Insurance $ Health Insurance $
Ocher Deductions (specify) -.;""'" $ .1<1 A" LAC. $ 1\.11-
$ $
Net Pay per Pay Period $
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OTHER (Fill in Appropriate Column)
INCOME WEEK MONTH YEAR
Interest $ $ $
Dividends
Pension
Annuitv
Social Security
Rents
Royalties
Ex.pense Account
Gifts
Unemployment
Workmen's
Comnensation
Other
Other
TOTAL $ $ $
TOTAL INCOME $
PROPERTY I Ownership '"
OWNED DESCRIPTION VALUE H W J
Checking Accounts l..A.--1>;S\,,,,,,,, s '2.,\~ 5B v'1
Savings Accoums p..\\ (.J,'<: lS ooo.o() 0/ v'
Credit Union ..."'" (,....J,ul....J \ (,CO, '3\ v'
Stocks/Bonds
Real Estate ~~...... 2:2.0 COo ,/'
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TOTAL I $1.:2.>1.1'-\'1
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Service Type M
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PACSES Case Number C'
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Section III: Expenses
Instructions: Only show extraordinary expenses in this section unless you tilled out Section II on page two. The categories
in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/ APL or if
you assert your case cannot be detennined according to the guideline grids or formnla. this section mnst be fully completed.
(Fill in Appropriate Column) (Fil
EXPENSES EXPENSES
WEEK MONTH YEAR (continued) WEEK
Home I Education
Mortgage/Rem $ $\31..!>.51 $ Private School $
Maintenance ~.OO Parochial School
Utilities CoUege
Electric $ $1tl(),06 $ Religious
Gas 12.'5' <>0 Personal
Oil ..:; Clothing $
Telephone \;0. <:0 Food
Water ~o.oo 7,"\0 ~~~~~~~s
Sewer . r's<:Pf
Credit Payments
Emnlovment Credit Card
Public TranspoI<. $ $ $ Charge
Lunch '20.., c.6.
Memberships
Taxes Loans
Real estate $ $ 22;.- $ Z Go, 0 Credit Union $
Personal Property
Insurance
Homeowner's $ $ 32...1) $ 38'5
Automobile "3. dO 720, Miscellaneous
Life -
Household Help $
Accident - \00.:-"
Child care
Health - Papers/books
Other ...fI..Joe::: z?~ Macrazines
Automobile Entertainmet;,t
Payments $ $ - $ Pay TV
Fuel "0. 0" Vacation
Repairs '2.5 <0 Gifts
Medical Legal fees
Doctor $ $ IS,""" ~~~:~table
$ rihlltinrs
Dentist ~~~::,Chilil
Orthodontist r'
Alimoo)'
Hospital Pavments
Medicine '2..'5,00 Other
Special neoos r....... . ~;>lG:~ $
(glasses, braces, ~.....-tf,,,',, I....,~\,.
orthonedic devices
I Total I WEEK ,~~fTH YEAR \
Exnenses: $ $ '6~,SI $
Page 3 on
Service Type M
I in Appropriate Column)
MONTH YEAR
$ ~ $
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$ 100, 00
'500.-
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$
$
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JUN-25-2003 10:16 AM MINIUM. KEARNS
7177742568
P.02
D6&.G\ tJo, O~ - '2 e,~A-
MINIUM & KEARNS ORTHODONTISTS
- EMPLOYEE CARD REPORT
06/25/2003 @07:00AM
EMPLOYEE ID
NAME
ADDRESS
PHONE
DEPARTMENT
SOCIAL SEC #
SALARY ACCT
COMMENTS
MITTEN TYPE FULL SUSPEND NO
TAMMY MITTEN
458 Elder Trail
New cumberland, Pa. 17070
(717) 789-4164 OFFICE
1
203-48-2270
8250 SALARIES
"PF*
PAGE
1
HOURLY / SALARY
SINGLE / MARRIED
EXEMPTIONS FED:
EXTRA W/H
DATE HIRED
DATE TERMINATED
DATE OF BIRTH
REGULAR PAY RATE
OVERTIME PAY RATE
HOURLY
SINGLE
o ST: 0
0.00
04/06/88
OS/27/63
14.40
:21.60
DEDUCTIONS G/L ACCOUNT CYCLE TYPE BASIS LIMIT AMOUNT
------~----- ------------------------ ------ ------- --------- ------~---
OTHER PAY
STATE TAX
LOCAL TAX
DEDUCTION 1
DEDUCTION 2
DEDUCTION 3
DEDUCTION 4
DEDUCTION 5
DATE REG HOURS REG WAGES OTHER PAY
CHECK # 0/1' HOURS 0/1' WAGES GROSS PAY
2254 STATE INCOME TAX WI
2255 LOCAL INCOME TAX WI
2262 EMP HLTH INS - FAMI
2261 PENSION WITHHOLDING
2266 DISABILITY INS WITH
2256 STATE UNEMPLOYMENT
123456
123456
123456
123456
123456
123456
-------- --------- ---------- ----------
01/12/03 53.00 763.20 0.00
7770 0.00 0.00 763.20
01/26/03 60.00 864.00 0.00
7852 0.00 0.00 864.00
02/09/03 55.00 792.00 0.00
7914 0.00 0.00 792.00
02/23/03 58.00 835.20 0.00
7970 0.00 0.00 835.20
03/09/03 63.00 907.20 0.00
8033 0.00 0.00 907.20
03/23/03 62.00 892.80 0.00
8082 0.00 0.00 892.80
04/06/03 61.00 878.40 0.00
8150 0.00 0.00 878.40
04/20/03 54.00 777.60 0.00
8195 0.00 0.00 777.60
05/04/03 64.00 921.60 0.00
8271 0.00 0.00 921.60
05/18/03 55.00 792.00 0.00
8344 0.00 0.00 792.00
06/01/03 53.00 763.20' 0.00
8403 0.00 0.00 763.20
%
%
$
%
$
%
% GROSS
% GROSS
TAXABLE
SHEL-1
TAXABLE
TAXABLE
2.800
1.450
0.00
6.000
0.00
0.020
FED WE TAX STATE TAX OTHER OED
FICA TAX LOCAL TAX NET PAY
---------- ---------- ----------
76.39 21.37 76.32
58.39 11.07 519.66
90.00 24.19 86.57
66.10 12.53 584.61
80.28 22.18 79.36
60.58 11.48 538.12
86.11 23.39 83.69
63.89 12.11 566.01
95.83 25.40 90.90
69.40 13.15 612.52
-
93.89 25.00 89,46
68.30 12.95 603.20
91.94 24.60 88.02
67.20 12.74 593.90
78.34 21.77 77.92
59.49 11.28 528.80
97.78 25.80 92.34
70.50 13.36 621.82
85.03 22.18 47.68
60.58 11.48 565.05
80.97 21.37 45.94
58.39 11.07 545.46
JUN-25-2003 10:17 AM MINIUM. KEARNS
7177742568
P.03
06/25/2003 @07:00AM MINIUM & KEARNS ORTHODONTISTS PAGE 2
EMPLOYEE CARD REPORT
DATE REG HOURS REG WAGES OTHER PAY FED WE TAX STATE TAX OTHER DED
CHECK # O/T HOURS OfT WAGES GROSS PAY FICA TAX LOCAL TAX NET PAY
-----..._- --------- ---------- ---------- ----_..,---- ---------- ----....----
06/15/03 52.50 756.00 0.00 79.96 21.17 45.51
8449 0.00 0.00 756.00 57.83 10.96 540.57
06/29/03 58.00 835.20 0.00 91.12 23.39 50.28
8525 0.00 0.00 835.20 63.89 12.11 594.41
Y-T-D 748.50 10,778.40 0.00 1,127.64 301.81 953.99
TOTAL 0.00 0.00 10,778.40 824.54 156.29 7,414.13
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HARRy L. MlITEN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
03-2884 CIVIL ACTION LAW
TAMMY L. MlITEN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, October 03, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, P A 17043 on Tuesday, November 04, 2003 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort 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. 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 conrt hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/
Melissa P. Greev)'. Esq.
Custody Conciliator
II
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 ';ontact 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 ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (71 7) 249-3166
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Nav 1 2 2003 ~
HARRY L. MITTEN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 03-2884 CIVIL TERM
v.
CIVIL ACTION - LAW
TAMMY L. MITTEN,
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this I/'''' day of November, 2003, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Leqal Custody. The parties, Harry L. Mitten and Tammy L. Mitten, shall have
shared legal custody of the minor child, Payton Jame Mitten, born August 12, 1997. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding her health, education and religion. Pursuant to the terms
of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody. Mother shall have primary physical custody subject to
Father's rights of partial custody which shall be arranged as follows:
A. Each Monday and Wednesday from after school or work until
8:00 p.m.
B. On the second and fourth Fridays from after school until Sunday
at 7:30 a.m.
C. The parties will share custodial time by their mutual agreement,
should there be a fifth weekend in a given month.
3. Transportation. Transportation incident to custodial exchanges shall be
arranged as follows:
A. Father will provide transportation incident to the custodial
exchanges on Mondays and Wednesdays.
.
,
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A.8VJ.C:\]" :10
NO. 03-2884 CIVIL TERM
B. With regard to custodial exchanges for weekends, the parent
receiving custody shall provide the transportation.
4. Vacation. Each parent shall be entitled to eight (8) consecutive days of
custody for purposes of Summer vacation. The parties shall provide each other with at least
thirty (30) days notice of their intended vacation plans with the goal of avoiding the
difficulties of overlapped or conflicting vacation times. In the event that the parties have
scheduled conflicting or overlapping vacation times, the party first providing written notice to
the other parent shall have choice of vacation time.
5. Holidays.
A. Beginning with Easter 2004, the parties will alternate the
following holidays: Easter, Memorial Day, Independence Day, Labor Day, and
Thanksgiving. Easter shall be defined as that period from 5:00 p.m. Good
Friday until 5:00 p.m. Easter Sunday. Thanksgiving shall be defined as
Wednesday at 8:00 p.m. until Sunday at 7:30 a.m. The rotating holidays shall
commence with Father having custody for the Easter holiday in 2004. The
parties will share custodial time for Thanksgiving 2003 by their mutual
agreement.
B. Christmas. Christmas shall be divided into an A/B schedule.
Segment A shall be from December 24th at Noon until December 25th at Noon.
Segment B shall be from December 25th at Noon until December 26th at Noon.
In odd-numbered years, Mother shall have Segment A and Father shall have
Segment B. In even-numbered years, Father shall have Segment A and
Mother shall have Segment B.
6. During any period of custody or visitation the parties to this Order shall not
possess or use controlled substances, neither shall they consume alcoholic beverages to
the point of intoxication. The parties shall likewise ensure, to the extent possible, that the
other household members and/or house guests comply with this prohibition.
7. The parties may vary from the terms of this Order by their mutual agreement.
I n the absence of mutual agreement, the terms of this Order control.
BY THE COURT:
lvvilliam L. Grubb, Esquire, 3803 Gettysburg Roa ,Camp Hill, PA 170'11
IRichard C. Gaffney, Esquire, 4431 N. Front Street, Harrisburg, PA 17110-1709
/l~
Dist:
J.
> Lfl\~'~; :J..
~
/I-J'i?-Cf:>
HARRY L. MITTEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2884 CIVIL TERM
v.
CIVIL ACTION - LAW
TAMMY L. MITTEN,
IN CUSTODY
Defendant
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 THE CUSTODY OF
Payton Jame Mitten
August 12, 1997
Mother
2. A Custody Conciliation Conference was held on November 4, 2003 in
response to Mother's request for a Custody Conciliation Conference. The parties and their
counsel appeared for the Conference. However, because the parties had reached an
agreement, counsel did not participate in the Conference with the Conciliator.
3.
The Order attached reflects an agreement of the parties.
1'/5/03 ~~. J
') Melissa Peel Greevy, Esquire'
Custody Conciliator
Date
:220475
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HARRY L. MITTEN,
v.
NO. 03-28114 - CIVIL TERM
TAMMY L. MITTEN,
DEFENDANT
CIVIL ACTION - DIVORCE
INVENTORY AND APPRAISEMENT
OF
DEFENDANT, TAMMY L. MITTEN
Defendant files the following Inventory and Appraisement of all property owned or
possessed by either party at the time this action was commenced and all property transferred
within the preceding three years.
Defendant verifies that the statements made in this Inventory and Appraisement are true
and correct. Defendant understands that false statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
7 /;;;1;/1)/,1
/ / /
~~)
~J(Z#1j11'o
T AMM1! .
.'
Date:
II .
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and itemizes
the assets on the following pages.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings cllrtificates
Contents of safe deposit boxes
Trusts
Life Insurance policies (term only; no cash value; Wife is beneficiary on
Husband's employee term policy; face amount $10,000.00)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners, including percentage of ownership, and
officer/director positions held by a party with company.)
Employment tennination benefits - severance pay, workman's compensation
claim/award
Profit sharing plans
Pension plans (employee contribution and date plan vest are unknown to
Defendant)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
MilitaryN.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total category and attach
itemized list if distribution of such assets is in dispute
Other (see itemized list)
(X) 1.
(X) 2.
() 3.
(X) 4.
(X) 5.
(X) 6.
() 7.
() 8.
(X) 9.
() 10.
() 11.
(X) 12.
() 13.
() 14.
() 15.
() 16.
() 17.
(X) 18.
(X) 19.
() 20.
() 21.
() 22.
() 23.
() 24.
(X) 25.
(X) 26.
LIABILITIES OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and itemizes
the liabilities on the following pages.
SECURED
Mortgages
Judgments
Liens
Other secured liabilities
(X) 1.
() 2.
() 3.
() 4.
() 5.
() 6.
() 7.
() 8.
() 9.
() 10.
() 11.
() 12.
() 13.
() 14.
() 15.
UNSECURED
Credit card balances
Purchases
Loan payments
Notes payable
Other unsecured liabilities
CONTINGENT OR DEFERRED
Contracts or Agreements
Promissory notes
Lawsuits
Options
Taxes
Other contingent or deferred liabilities
'Or-
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.-< .&:" -.,
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT is made this .-9? day of ~,
2005, by and between Harry L. Mitten, of Harrisburg, Dauphin
County, Pennsylvania, hereinafter referred to as "Husband",
Tammy L. Mitten,
Township, York County,
-AND-
of 458 Elder Trail Road, Fairview
Pennsylvania, hereinafter referred to
as "Wife",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June
21, 1989 at Honolulu, Hawaii; and
WHEREAS, diverse unhappy marital difficulties have
arisen between the parties causing them to believe that
their marriage is irretrievably broken, as a result of which
they now live separate and apart from one another, the
partieE: being estranged due to such marital difficulties;
and
WEEREAS, the parties hereto are desirous of
compromising and settling fully and finally their respective
financial and property rights and obligations as between
each other, including, without limitation by specification:
the settling of all matters between them relating to the
ownership of real and personal property; and in general, the
settling of any and all claims and possible claims by one
against the other or against their respective estate,
particularly those responsibilities and rights growing out
of the marriage relationship, inter alia past, present or
future spousal support or maintenance, alimony pendente
lite, alimony, counsel
distribution, whether or
and
fees
not
and
the
expenses, and
parties reside
equitable
together;
WHEREAS, the parties have made full disclosure to each
other of their assets and liabilities and have agreed on a
settlement of all property rights and differences existing
between them; and
WHEREAS, the parties intend this Agreement to be a full
and complete Marriage Settlement Agreement, providing for
the absolute and final settlement of all their respective
marital and property and all other claims.
NOW, THEREFORE, in consideration of the premises and of
the promises, covenants and undertakings hereinafter set
forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the
parties hereto, Husband and Wife, each intending to be
legally bound hereby, covenant and agree as follows:
1. SEPARATION: It shall be lawful for each party, at
all tirr.es hereinafter, to live separate and apart from the
other, at such place or places as he or she may, from time
to time, choose or deem fit. Each party shall be free from
interference, authority or control by the other, as full as
if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement.
Neither party shall molest the other or attempt to endeavor
to molest the other, nor compel the other to cohabit with
the other, or in any way harass or malign the other, nor in
any way interfere with the peaceful existence, separate and
apart from the other. The foregoing provision shall not be
2
an admission on the part of either party of the lawfulness
or unlawfulness of the causes leading to their separation.
A reconciliation will not void the provisions of this
agreement.
Should a decree, judgment or order of separation or
divorce be obtained by either of the parties in this or any
other state, country or jurisdiction, each of the parties
hereby consents and agrees that this Agreement and all of
its covenants shall not be affected in any way by any such
separation or divorce; and that nothing in any such decree,
judgment, order or further modification or revision thereof
shall alter, amend or vary any term or this Agreement,
whether or not either or both of the parties shall remarry,
it being understood by and between the parties hereto that
this Agreement shall be incorporated in but shall not be
merged into any decree, judgment, or order of divorce or
separation. It is specifically agreed, however, that a copy
of this Agreement or the substance of the provisions
thereof, shall be incorporated by reference into any
divorce, judgment or decree. This incorporation, however,
shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive
any judgment and to be forever binding and conclusive upon
the parties.
2. EFFECTIVE DATE: The effective date of this
Agreement shall be the ~date of executionU, defined as the
date upon which it is executed by the parties if they have
each executed the Agreement on the same date. Other wise,
the ~date of executionU or ~execution dateU of this
Agreement shall be defined as the date of execution by the
party last executing this Agreement. Transfer of property,
3
funds and/or documents shall occur on the effective date
unless otherwise specified herein.
3. AGREEMENT NOT A BAR TO DIVORCE: This Agreement
shall not be considered to affect or bar the right of either
party to a divorce on lawful grounds as may be now or
hereafter available to either party. This Agreement is not
intended to be and shall not be a condonation on the part of
either party of any act or acts of either party hereto.
Both parties hereto agree that the marriage is irretrievably
broken and agree at the time of execution hereof to execute
any and all affidavits or other documents necessary for the
parties to obtain an absolute divorce pursuant to Section
3301(c) of the Divorce Code. Each party waives the right to
request Court ordered counseling.
4. DEBTS AND OBLIGATIONS: Each party hereto represents
and warrants that he or she has not, and in the future will
not, contract or incur any debt, obligation or liability for
which the other party or his or her estate may be
responsible or liable, except as provided for in this
Agreement. Each party hereto agrees to be solely
responsible for the prompt and timely payment of the debts
now 01: hereafter incurred in his or her name and
specifically any debts secured by any automobile, motor
vehicle or other property distributed to her or him
hereunder. Each party hereto agrees to indemnify and hold
harmless the other from any and all claims, debts,
obligations or demands made against him or her by reason of
debts or obligations incurred by him or her or identified to
be paid by him or her in this Agreement.
4
5. MUTUAL RELEASES: Husband and Wife hereby mutually
remise., release, quitclaim and forever discharge the other
and the estate of such other, for all time to come, and for
all purposes whatsoever, from any and all rights, title and
interest, or claims in or against the estate of such other,
or whatever nature and wherever situate, which he or she now
has or at any time hereafter may have against such other,
the estate of such other or any part thereof, whether
arisinq out of any former acts, contracts, engagements or
liabiLc ties or such other or by way of dower or curtesy, of
claims in the nature of dower or curtesy, or widow's or
widowe1:' 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 riqhts of a
surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of pennsylvania, any
state, commonwealth or territory of the United States, or
any other country; or any rights which either party may now
have or at any time hereafter have for past, present or
future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a
result of the marital relation or otherwise, except and only
except all rights and agreements and obliqations of
whatsoever nature arising or which may arise under the
Agreement or for the breach of any provision thereof. It is
the intention of Husband and Wife to give to each other by
the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or
may hereafter acquire, except, and only except, all rights
and aqreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of
5
any provision thereof. It is further agreed by each party
that this Agreement constitutes a full and final resolution
and se~tlement of all claims of any kind, and especially any
claims arising under the Pennsylvania Divorce Code, which
either party may have against the other.
6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The
parties hereto agree that they have effected a mutually
satisfactory di vision of the furniture, household
furnishings, appliances and other personal property and
motor vehicles between them and neither party will make any
claim to any personal property now in the possession or
control of the other except as herein provided. The
following specific items are to be the sole and separate
property of Husband, which Wife shall make available for
Husband to pick up at a mutually agreeable time within two
(2) weeks of the execution date of this Agreement.
-Oak Desk -Oak Rocking Chair
-Bubble Gum Machine -Treadmill
-All Children's Pictures and Frames (Karen and Nathan)
-Knife Set Block in Wood -4 Pieces of Cherry Wood
-Am and FM Receiver in Living Room
-1/2 of the Silverware -Grill
-1/2 of all Bowl Sets -Shop Vac 8-Gallon
-Electric Meat knife Slicer
-Computer Printer -Computer Desk
-Computer -Freezer
-Five Guns (at the residence of Wife's father)
-Electrolux Sweeper -Five-piece Water Fountain
-1/2 of Beef -meat Slicer
-Camcorder -2 White Plastic Chairs
-Shed -Mable's Hope Chest
-Pool Table
6
Husband hereby releases and relinquishes any right,
title or interest he may have had in the past or now has in
the property in Wife's possession, excepting the specific
items listed above. Wife agrees that Husband shall, from and
after ~he date hereof, be the sole and separate owner of all
personal property in Husband's possession. Wife hereby
releases and relinquishes any right, title or interest she
may have had in the past or now has in the property in
Husband's possession. Husband agrees that Wife shall, from
and after the date hereof, be the sole and separate owner of
all personal property in Wife's possession, excepting the
specific items listed above.
The shed will be removed from the property in such a
way as to avoid damage to the lawn.
7.. REAL PROPERTY. The real property at 458 Elder Trail
Road, Fairview Township, York County, Pennsylvania, shall
become the sole and exclusive property of wife, and husband
hereby forever relinquishes any and all right, title or
interest that he may have in said property, upon the wife
refinancing the property in her sole name. Husband agrees
to execute and deliver a Deed conveying said property to
Wife, at a time scheduled to coordinate with the settlement
on Wife's refinancing of the property.
In consideration for the transfer of the property from
Husband to Wife, and as part of the equitable distribution
of the marital assets, Wife agrees to make a total payment
to Husband in the amount of Ten Thousand Seven Hundred Fifty
Dollar5: ($10,750.00), of which Eight Thousand Dollars
($8,000.00) shall be paid on the execution date of this
Marital Settlement Agreement, and an additional Seven
Hundred Fifty Dollars ($750.00) to be paid either on the
execution date of this Agreement or wi thin fourteen (14)
7
days of the Wife's receipt of her 2004 income tax refund,
whichever occurs later. The remaining balance of Two
Thousand Dollars ($2,000.00) will be paid by Wife to Husband
in an minimum of four (4) payments of Five Hundred Dollars
($500.00) by the first of May of each year beginning in the
year 2006.
Wife will assume responsibility for all costs and
expenses associated with the marital residence including but
not limited to utilities, repairs, taxes and insurance, and
will indemnify and hold harmless Husband against the same.
8. PENSIONS AND RETIREMENT ACCOUNTS: The parties
hereto waive any and all interest or claims which either may
have in any individual retirement accounts, 40l(k) accounts,
Keogh accounts, IRA accounts and existing pensions or
similar accounts of the other, as well as any claim or
interest to or in any social security account or benefits.
More specifically, Wife will retain as her sole and
separate property her Minimum and Kearns 401 (k) plan, and
Husband will retain as his sole and separate property his
Allfirst IRA, the Vanguard IRA and his retirement from the
Commonwealth of Pennsylvania.
9. STOCK OR BROKERAGE ACCOUNTS: The parties hereby
agree that each shall become sole owner of their respective
accounts for financial instruments and each hereby waives
any interest in or claim to any funds, instruments or
accounts held by the other in such instruments or accounts.
Any stock or brokerage accounts held in both names at the
time of separation which are currently under wife's control
and possession shall become the property of wife.
8
10. ALIMONY:
Each party waives, releases and gives up
in the future, for any spousal support,
pendente lite, or maintenance from the
any claim, now or
alimony, alimony
other.
11. BANK ACCOUNTS: Husband and Wife each acknowledge
that they each own or possess certain bank accounts in their
respecti ve names. They hereby agree that each shall become
sole o>Jner of their respective bank accounts and each hereby
wai ves any interest in or claim to any funds held by the
other in such accounts. Any savings or checking accounts
held in both names at the time of separation which are
currently under wife's control and possession shall become
the property of wife.
Wife has received and will be credited with receiving
the balances in the Allfirst Bank checking account in the
sum of $26,055.00, the Landisburg Bank savings account in
the sun of $244.00, and the New Cumberland FCU account in
the surr of $1,600.00).
The three Certificates of Deposit held in the name of
Wife and her father (R. Tyler) for the benefit of daughter
Payton shall be maintained by Wife in Certificates of
Deposit for payment towards the costs of Payton's higher
education.
12. MOTOR VEHICLES: With respect to motor vehicles
owned or leased by Husband and Wife, both of the parties
agree that the vehicle in the possession of and customarily
used by each party shall remain the sole and exclusive
property of that party.
The 1992 Toyota truck, the 1998
the Suzuki 4-Wheeler are and shall
separate property of Husband.
Toyota
become
4-Runner,
the sole
and
and
9
The 1996 Toyota Camry is and shall become the sole and
separate property of Wife.
Each party shall be solely responsible for any debt
secured by any vehicle held as his or her property. Each
party shall be solely responsible for any lease payments or
penalties owing or associated with any vehicle held in his
or her possession, and shall indemnify and hold harmless the
other party from the same. Each party shall be solely
responsible for any insurance and any other costs, including
license, for each motor vehicle held as his or her property
or in his or her possession.
13. COUNSEL FEES: Each party individually covenants
and agrees that he or she will individually assume the full
and sole responsibility for all other legal expenses for his
or her attorney, if any, and Court costs in connection with
the pending divorce action and shall make no claim against
the other for such costs or fees except as set forth in this
paragraph.
14. ADVICE OF COUNSEL: The provisions of this Agreement
and their legal effect have been fully explained to Husband
by his counsel, WILLIAM L. GRUBB, ESQUIRE, and Wife by her
counsel RICHARD C. GAFFNEY, JR., ESQUIRE. Husband and Wife
each covenants that he or she has made a full financial
disclosure to the other of his or her respective property,
holdings and income. Husband and Wife each acknowledge that
each fully understands the facts of this agreement and has
been fully informed as to her or his legal rights and
obligations and each party acknowledges and accepts that
this Agreement, in the circumstances, is fair and equitable
and that it is being entered into freely and voluntarily,
with such knowledge and that execution of this Agreement is
10
not the result of any duress or undue influence and that it
is not the result of any collusion or improper or illegal
agreement or agreements.
15. ADDITIONAL INSTRUMENTS: Each of the parties shall,
from time to time, at the request of the other, execute,
acknowledge and deliver to the other party any and all
further instruments, deeds, titles or documents that may be
reasonably required to give full force and effect to the
provisions of this Agreement, including all papers necessary
to transfer title.
16. AFTER-ACQUIRED PROPERTY: Each party shall
hereafter independently own all property, real, personal or
mixed, tangible or intangible, of any kind, acquired by him
or her, with full power to dispose of the same in all
respects and for all purposes, as though he or she were
unmarried.
17. TAX CONSEQUENCES: By this Agreement, the parties
have i~tended to effectuate and by this Agreement have
equally divided their marital property. The parties have
determined that such equal division conforms to a right and
just standard with regard to the rights of each party. The
division of existing marital property is not, except as may
be otherwise expressly provided herein, intended by the
parties to institute or constitute in any way a sale or
exchange of assets and the division is being effected
without the introduction of outside funds or other property
not constituting a part of the marital estate.
For the tax year 2004 Husband and Wife
separate returns, with Wife receiving a
have filed
refund of
II
approximately $4,200.00 and Husband submitting a payment of
approximately $1,900.00.
In the unlikely event of a tax deficiency proceeding or
audit in the future with respect to any previously filed
joint returns, Husband and Wife agree that they will equally
share responsibility for payment of any deficiency or
penalty.
lEi. MODIFICATION AND WAIVER: A modification or waiver
of any of the provisions of the Agreement shall be effective
only if made in writing and executed with the same formality
as this Agreement. The failure of either party to insist
upon the strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
19. ENTIRE AGREEMENT: This Agreement contains the
entire understanding of the parties, and there are no
representations, warranties, covenants or undertakings other
than those expressly set forth herein.
20. DESCRIPTIVE HEADINGS: The descriptive headings
used herein are for convenience only. They shall have no
effect whatsoever in determining the rights or obligations
of the parties.
21. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that
each paragraph hereof shall be deemed to be a separate and
independent agreement.
22.. BREACH: If either party breaches any provision of
this Agreement, the other party shall have the right, at his
12
~I
or her election, to sue
terminate any further
for damages for such
payments required to
breach, to
the other
hereunder or seek such other remedies or relief as may be
available to him or her, and the party breaching this
contract shall be responsible of payment of legal fees and
costs incurred by the other in enforcing their rights under
this Agreement, or in seeking such other remedies or relief
as may be available to him or her.
23. DISCLOSURE OF FINANCES: Each party hereto confirms
that he or she has relied on the completeness and
substantial accuracy of financial disclosures of the other
as an inducement to enter into the Agreement. The parties
acknowledge that there has been no formal discovery
conducted in their pending divorce action and that Wife has,
and Husband has not, filed and Inventory and Appraisment as
required by Section 3505(b) of the Pennsylvania Divorce
Code. The rights of either party to pursue a claim for
equitable distribution of any interest owned by the other
party in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other party
or his or her counsel prior to the execution of this
Agreement is expressly reserved.
24. AGREEMENT BINDING ON HEIRS: This Agreement shall
be binding and shall inure to the benefit of the parties
hereto and their respective heirs, executors,
administrators, successors and assigns.
25. RECONCILIATION: The parties shall only effect a
legal reconciliation which supersedes this Agreement by
their signed agreement containing a specific statement that
they have reconciled and that this Agreement shall be null
13
and void; otherwise, this Agreement shall remain in full
force and effect.
Further, the parties may attempt a
reconc~liation, which action, if not consummated by the
aforesaid agreement, shall not affect in any way the legal
effect of this Agreement or cause any new marital rights or
obligations to accrue.
26. APPLICABLE LAW: This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania.
27.
VOID CLAUSES:
If any term, condition, 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 Agreement, and, in all other respects, this Agreement
shall oe valid and continue in full force, effect and
operation.
IN WITNESS WHEREOF,
the parties have hereunto set
their hands and seals the day and year first above written.
~~r. ~I
HUSBAND:
,t/:~/41'
7
rry L. Mitten
/
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WIFE/ .
14
, .
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this the ~I~ of A f'.fZ..--L 2005, before
me, the undersigned officer, p'ersonally appeared Harry L.
Mitten, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement and
acknowledged that she executed the same for the purposes
therein contained.
_L0Jt~t?U\
NOTARIAL SEAL
WILLIAM L. GRUBB, Notary Public
Lower Allen Twp., Cumberland County
My Commission Expires Aug. 13, 2005
Notary Public
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
55
COUNTY OF
10,,-/(.
On this the
the undersigned
Mitten, known to
person whose name
acknowledged that
therein contained.
el.. 7tt.. of AI/l/L. 2005, before me,
officer, personally appeared Tammy L.
me (or satisfactorily proven) to be the
is subscribed to the within Agreement and
he executed the same for the purposes
tL~^;(du~.__
COMMON ALTH OF PENNSYLVANIA
NotiU'ial Seal .
Christina L. Crisanti, Notary Public
Hampden Twp., Cumberland County?
iiox Mar.4OO
Member, Pennsylv811ia Association of Notaries
Notary Public
15
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HARRY L. MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMMY L. MITTEN,
Defendant
: IN LAW - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
IDivorce Code was filed on June 19, 2003.
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i 2. The marriage of the Plaintiff and Defendant is
[irretrievably broken, and ninety (90) days have elapsed from
Ithe date of filing and service of the Complaint.
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i 3. I consent to the entry of a final Decree in Divorce
lafter service of notice of intention to request entry of the
Idecree.
I verify that the statements made in the Affidavit are
~rue and correct. I understand that false statements herein
~re made subject to the penalties of 18 Pa. C.S. 54904
relating to unsworn falsification to authorities.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMMY L. MITTEN,
Defendant
: IN LAW - DIVORCE
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\ AFFIDAVIT OF CONSENT
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I 1. A Complaint in Divorce under Section 3301(c) of the
!Divorce Code was filed on June 19, 2003.
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\irretrievab1Y broken, and ninety (90) days have elapsed from
the date of filing and service of the Complaint.
\ 3. I consent to the entry of a final Decree in Divorce
~fter service of notice of intention to request entry of the
f:iecree.
I verify that the statements made in the Affidavit are
rue and correct. I understand that false statements herein
re made subject to the penalties of 18 Pa. C.S. ~4904
elating to unsworn falsification to authorities.
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HARRY 1. MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMI.1Y 1. MITTEN,
Defendant
: IN LAW - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
,without notice.
. 2.
ialimony,
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'I do not
I understand that I may lose rights concerning
division of property, lawyer's fees or expenses if
claim them before a divorce is granted.
I 3. I understand that I will not be divorced until a
~ivorce decree is entered by the Court and that a copy of
!the decree will be sent to me immediately after it is filed
~ith the Prothonotary.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein
~re made subject to the penalties of 18 Pa. C.S. 54904
relating to unsworn falsification to authorities.
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HARRYL MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMMY 1. MITTEN,
Defendant
: IN LAW - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2.
alimony,
I do not
I understand that I may lose rights concerning
division of property, lawyer's fees or expenses if
claim them before a divorce is granted.
3. I understand that I will not be divorced until a
[divorce decree is entered by the Court and that a copy of
lithe decreE' will be sent to me immediately after it is filed
with the Prothonotary.
, I verify that the statements made in this affidavit are
~rue and correct. I understand that false statements herein
~re made subject to the penalties of 18 Pa. C.S. g4904
~~la~ing to unsworn falsification to authorities.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMMY L. MITTEN,
Defendant
: IN LAW - DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry
of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under ~3301(c)ofthe Divorce Code.
2. Date and manner of service ofthe complaint:
06/20/2003, US mail, certified, restricted delivery return receipt,
postage prepaid
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by S3301 (c)
of the Divorce Code: by Plaintiff April 27, 2005
by Defendant April 27, 2005
4. Related claims pending: NONE
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to
transmit the record, a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in S330l(c) was filed with the
Prothonotary: April 28, 2005
Date defendant's Waiver of Notice in S3301(c) was filed with the
Prothonotary: April 28, 2005
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Attorney for the Plaintiff
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IN THE COURT OF COMMON PLEAS
CF CUMBERLAND COUNTY
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STp rE OF
HARRY L. MITTEN,
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P 1 a i nt iff
VERSUS
TAMMY L. MITTEN,
Defendant
AND NOW,
PENNA.
No.
03-2884
DECREE IN
DIVORCE
flit
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,..zOOj _, IT IS ORDERED AND
DECREED THAT
Harry L. Mitten
, PLAINTIFF,
AND
Tammy L. Mitten
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION F'OR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; NONE
The Marriage Settlement Agreement entered into by the parties on April 27,
2005, shall be incorporated but not merged into this decree.
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+++++++++++++++++++++++++++++++++++++++++++++~
By THE COURT: /
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PROTHONOTARY
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HARRY L. MITTEN,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMMY L. MITTEN,
Respondent : IN LAW - CUSTODY
PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER
1. The petition of HARRY L. MITTEN respectfully represents that on November 18,
2003 an Order of Court was entered for Partial Custody, a true and correct copy of which
is attached.
2. This Order should be modified because:
a.) Petitioner, the Father, has been providing transportation for obtaining
custody of the child as well as returning the child to custody of the Mother, and
since the date of the original Order the costs and expenses of transportation have
increased considerable, geatly to the financial detriment of Father.
b.) The child has been engaged in various extracurricular activities,
including soccer with Father, and Mother has at times refused to take the child to
regularly scheduled practice and events.
c.) Father seeks to increase the times and frequency of his periods of
custody.
WHEREFORE, Petitioner requests that the Court modify the existing Order for
PARTIAL CUSTODY because it will be in the best interest of the child.
Dat~2. ~O) (p
Respectfully submitted,
[J)~~ .
William L. Grubb, Esquire ~
J.D. # 72661
3803 Gettysburg Road
Camp Hill, P A 17011
(717) 763-5580
(717) 763-6848 fax
Attorney for Petitioner
VERIFICATION
I, HARRY L. MITTEN, verify that the statements made in this document are true
and correct. I understand that false statements herein are made subject to penalties of 18
Pa. C.S. 94904, relating to unsworn falsification to authorities.
Date:#
&'/IY#~
Harry L. Mitten, Petitioner
NOV 1 2 2003 ~
Iv
~
HARRY L. MITTEN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 03-2884 CIVIL TERM
CIVIL ACTION - LAW
TAMMY L. MITTEN,
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this Il'r day of November, 2003, upon consideration of the
attached Custody Concitiation Summary' Report, it is hereby ordered and directed as
follows:
1. Leaal Custody. The parties, Harry L. Mitten and Tammy L. Mitten, shall have
shared legal custody of the minor child, Payton Jame Mitten. born August 12, 1997. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make alt
major non-emergency decisions affecting the child's general wen-being including, but not
limited to, all decisions regarding her health, education and religion. Pursuant to the terms
of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Phvsical CustodY. Mother shall have primary physical custody subject to
Father's rights of partial custody which shall be arranged as follows:
A. Each Monday and Wednesday from after school or work until
8:00 p.m.
B. On the second and fourth Fridays from after school until Sunday
at 7:30 a.m.
C. The parties will share custodial time by their mutual agreement,
should there be a fifth weekend in a given month.
3. Transportation. Transportation incident to custodial exchanges shall be
arranged as follows:
A. Father will provide transportation incident to the custodial
exchanges on Mondays and Wednesdays.
NO. 03-2884 CIVIL TERM
B. With regard to custodial exchanges for weekends, the parent
receiving custody shall provide the transportation.
4. Vacation. Each parent shall be entitled to eight (8) consecutive days of
custody for purposes of Summer vacation. The parties shall provide each other with at least
thirty (30) days notice of their intended vacation plans with the goal of avoiding the
difficulties of overlapped or conflicting vacation times. In the event that the parties have
scheduled conflicting or overlapping vacation times, the party first providing written notice to
the other parent shall have choice of vacation time.
5. Holidavs.
A. Beginning with Easter 2004, the parties will alternate the
following holidays: Easter, Memorial Day, Independence Day, labor Day, and
Thanksgiving. Easter shall be defined as that period from 5:00 p.m. Good
Friday until 5:00 p.m. Easter Sunday. Thanksgiving shall be defined as
Wednesday at 8:00 p.m. until Sunday at 7:30 a.m. The rotating holidays shall
commence with Father having custody for the Easter holiday in 2004. The
parties will share custodial time for Thanksgiving 2003 by their mutual
agreement.
B. Christmas. Christmas shall be divided into an AlB schedule.
Segment A shall be from December 24th at Noon until December 25th at Noon.
Segment B shall be from December 25th at Noon until December 26th at Noon.
In odd-numbered years, Mother shall have Segment A and Father shall have
Segment B. In even-numbered years, Father shall have Segment A and
Mother shall have Segment B.
6. During any period of custody or visitation the parties to this Order shall not
possess or use controJled substances, neither shall they consume alcoholic beverages to
the point of intoxication. The parties shall likewise ensure, to the extent possible, that the
other household members and/or house guests comply with this prohibition.
7. The parties may vary from the terms of this -Order by their mutual agreement.
I n the absence of mutual agreement, the terms of this Order control.
BY THE COURT:
Dist: 4i11iam L. Grubb, Esquire, 3803 Gettysburg Roa , Camp Hill, PA 170'11 > f' ~' '..4~ f\ ~ \
IRichard C. Gaffney, Esquire, 4431 N. Front Street, HanisbUlll, PA 17110-1709 '"1-~QJ.J . d-
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY . PENNSYLVANIA
NO. 03-2884 CIVIL TERM
HARRY L. MITTEN.
v.
CIVIL ACTION - LAW
TAMMY L. MITTEN.
rN CUSTODY
Defendant
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 THE CUSTODY OF
Payton Jame Mitten
August 12, 1997
Mother
2. A Custody Conciliation Conference was held on November 4, 2003 in
response to Mother's request for a Custody Conciliation Conference. The parties and their
counsel appeared for the Conference. However, because the parties had reached an
agreement. counsel did not participate in the Conference with the Conciliator.
Date
The Order attached reflects an agreement of the parties.
"L5/0:.1 (~~ )
J Melissa Peel Greevy, Esquire
Custody Conciliator
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HARRY L. MITTEN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
03-2884 CIVIL ACTION LAW
TAMMY L. MITTEN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, October 13, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at_.....!!DJ Manlove, 1901 State St., Camp Hill, PA 17011 on Wednesday, November 15, 2006 at 12:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort 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. 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,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/
Melissa P. Greevy, Esq. ,J/} {/
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 couli, 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 ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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HARRY L. MITTEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-2884
CIVIL TERM
TAMMY L. MITTEN,
Defendant : IN LAW - DIVORCE
PROOF OF SERVICE BY MAIL
I hereby certify that a true and correct copy of the PETITION FOR
MODIFICATION OF A PARTIAL CUSTODY ORDER filed in the above matter,
and the ORDER OF COURT of October 12, 2006, scheduling the Pre-Hearing
Custody Conference, was served on Tammy L. Mitten by prepaid, first class,
certified mail, return receipt requested, deliver to addressee only, at 458 Elder
Trail, New Cumberland, PA 17070, on October 19, 2006. Addressee
acknowledged receipt of the same on October 21, 2006, as shown by the return
receipt card attached hereto as Exhibit "A".
I verify that the statements made in this document are true and correct.
understand that false statements herein are made subject to penalties of 18 Pa.
C.S. 9 4904, relating to unsworn falsification to authorities.
Date: ()~.. 2->. Zee~
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William L. Grubb, Esquire ~
1.0. 72661
3803 Gettysburg Road
Camp Hill, PA 17011
(717) 763-5580
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2884 CIVIL TERM
HARRY L. MITTEN,
v.
CIVIL ACTION - LAW
TAMMY L. MITTEN,
IN CUSTODY
Defendant
Hess, J. - -
ORDER OF COURT
AND NOW, this q-t/J day of January, 2007, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. A hearing is scheduled in Courtroom Number 4 of the Cumberland County
C>?urthouse, on the 1. /d day of 'ihd/t;(lJ , 2007, at J: .30 o'clock
L.M., at which time testimony will be taken. For the purposes of the hearing, the Father,
Harry L. Mitten, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties or the parties pro se shall file with the Court and
opposing counsel/party a memorandum setting forth each party's position on custody, a list
of exhibits, a list of witnesses who are expected to testify at the hearing, and a summary of
the anticipated testimony of each witness. These memoranda, lists of exhibits, lists of
witnesses and summaries of anticipated testimony of each witness shall be filed at least
twenty days prior to the hearing date.
2. This Court's previous Order of November 10, 2003 is modified to reflect that
Father's Monday custodial periods shall end when he delivers the child to school or day
care on Tuesday morning.
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BY TH_::~??~Rl:
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-rw Kevin J. Hess, Jr., J.
Dist: Aliam L. Grubb, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011
/6mes R. Demmel, Esquire, 4431 N. Front Street, Harrisburg, PA 17110
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Plaintiff
'JAM 0 S 2001 r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2884 CIVIL TERM
..
HARRY L. MITTEN,
v.
CIVIL ACTION - LAW
TAMMY L. MITTEN,
IN CUSTODY
Defendant
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 THE CUSTODY OF
Payton Jane Mitten
August 12, 1997
Mother
2. Father filed a Petition for Modification of a Partial Custody Order on
October 10, 2006.
3. The Custody Conciliation Conference was scheduled for November 15, 2006.
At the request of Mother's attorney, and with the concurrence of Father's attorney, the
Conciliation was rescheduled for December 22, 2006. Attending the Conference were: the
Father, Harry L. Mitten, and his counsel, William L. Grubb, Esquire; the Mother, Tammy L.
Mitten, appeared pro se, apparently having instructed her attorney not to attend the
Conference.
4. Father's position is as follows: Father asked to modify the Order in six ways.
A. He reports that the parties have verbally agreed for his Monday night period of
custody to be extended until Tuesday morning. He wants to have the modified
Order corrected to reflect that this is the schedule that they have been
following.
B. Father would like Mother to commit to allowing him to return Payton to her
before he has to go to work on Monday nights during those weeks in which he
has to work from 9:00 p.m. to 5:00 a.m. Father states that he works this shift
for the two weeks prior to Memorial Day, Labor Day, Independence Day, and
often at some point in October or November. Therefore, his request would
NO. 03-2884 CIVIL TERM
impact Mother approximately six-to-eight weeks per year. He proposes that
he simply return the child to Mother earlier that evening before he goes to
work at 9:00 p.m.
C. Father wants to change from a schedule which provides his weekend periods
of custody to occur on the second and fourth weekends to a schedule which
simply alternates the weekends.
D. Father asks that the parties share responsibility for caring for Payton on the
days that she is out of school for various reasons, such as minor holidays,
teacher in-service days and the school recesses. He proposes that they go
over the school calendar each year before school starts and select which days
they will each assume responsibility for Payton.
E. Father would like Mother to commit to taking Payton to practices and games
for any sport in which she is enrolled, when the practices or games occur
during her custodial time. Father alleges that there have been numerous
times when Mother has not taken the child to practice. Specifically, he alleges
that there was a week in August, 2006, during which the child was with
Mother's sister and that Mother's sister's refusal to release Payton to him
caused her to miss a week of special soccer instruction.
F. Father would like to have Mother equally share in responsibility for
transportation incident to the custodial exchanges. At present, he is providing
all the transportation on Mondays, and she is meeting him half-way at the end
of his custodial time on Wednesday. The parties share transportation for
weekend periods of custody. Father reports that he is occasionally asked to
bring a company vehicle home from work. However, he is not permitted to use
the company vehicle for other than work purposes. Accordingly, on those
days when he has to bring the work vehicle home, he has to take the vehicle
straight home, then obtain his personal vehicle before he goes to pick up the
parties' child. Father sees this additional driving as a further reason why
Mother should share in the transportation in the traditional way which the
Court typically allocates.
When Mother declined to enter any agreements without consulting with her attorney,
Father insisted upon a hearing and advised Mother that he would instruct his attorney not to
speak with her attorney in an attempt to resolve the matter prior to hearing.
NO. 03-2884 CIVIL TERM
5. Mother's position on custody is as follows:
A. Initially, Mother confirmed that for a period of at least a year, parties have
been observing a schedule in which Father has overnight periods of custody
each Monday into Tuesday morning. Thus, it seems that this is status-quo.
B. With regard to the 9:00 p.m. to 5:00 p.m. time on the Mondays when Father is
working those hours, Mother did not want to commit to being home early
enough on Monday evening to receive the child during those six-to-eight
weeks throughout the year that Father has to work that shift. Mother proposes
that Father's girlfriend care for the child while he is working.
C. Initially, Mother agreed to change the weekend schedule from the second and
fourth weekends to an alternating weekend schedule commencing January 5,
2007. Mother wanted to begin the alternating weekend schedule on this date
because it coordinates well with her boyfriend's children's periods of custody,
so that Payton has someone to play with on the weekends that she is with her
Mother.
D. Initially, Mother agreed to meet with Father and review a calendar from the
school district which he would obtain, and make a plan with regard to which of
them would assume responsibility for Payton on the days she is out of school
for minor holidays or other circumstances, such as teacher in-service days.
E. Mother was insistent that they have already been following a policy that the
parent then having custody takes the child to her soccer games and soccer
practices. While she admits that there may have been a few occasions when
she allowed the child to skip practice because Payton wasn't feeling well,
Mother generally represents that she gets the child to her activities during her
custodial time.
F. Transportation. Mother is not agreeable to equally share transportation with
Father by picking Payton up on Wednesday evenings at Father's home. She believes that
she has already made adjustments to minimize his traveling time by allowing him to have
custody of Payton overnight on Mondays, and by meeting him at a half-way point, in New
Cumberland, on Wednesdays. Because Mother doesn't see Father as being
inconvenienced by dropping Payton off at school in the morning before he goes to work, she
does not see a need to further assist with the transportation.
Initially it appeared that the parties could agree on items A, C, 0 and E, leaving only
the issues of transportation (F) and (B) and Father's request to return Payton early to
Mother on the Monday evenings when he works 9:00 p.m. to 5:00 a.m. Mother reports that
she and her attorney had been trying to figure out exactly what the issues were that Father
wanted to address in the Conciliation in an effort to see whether the matter could be
resolved prior to the Conciliation Conference, but that they were not able to obtain specifics
from Father or his attorney. Mother would not agree to the entry of an Order without the
NO. 03-2884 CIVIL TERM
opportunity to speak with her attorney, whom she had instructed not to appear today, and to
review the proposed language of the Order. Therefore, the Conciliator agreed to schedule
a hearing.
6. Because the parties did not have an agreement at the end of the Conciliation,
the matter is referred for hearing. The Conciliator recommends no more than one-half day
for this matter. The Conciliator recommends no interim modification of the Order with the
exception of the confirmation of the long-standing practice of Father having overnight
periods of custody on Mondays. The remainder of the issues shall be addressed by the
Court.
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:289081
.
HARRY L. MITTEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TAMMY L. MITTEN,
Defendant
CIVIL ACTION - LAW
NO. 03-2884 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 21st day of March, 2007, this matter
having been called for hearing, the order of November 18th,
2003, is modified in the following respects:
1. The father shall have custody of the child on
Monday nights and deliver the child to school on the
following morning. On Wednesday nights the father shall
have custody until 7:30 p.m.
2. In lieu of the custody in the father on the
second and fourth weekend of the month, the father shall
have custody on alternating weekends, the alternating
weekends to commence on Friday, March 23rd, 2007.
3. On those few occasions prior to certain major
holidays when the father is required to work the night
shift, he may deliver the child to the mother prior to the
start of his 9:00 p.m. shift instead of on Tuesday morning
unless the mother is prevented from taking custody of the
child by virtue of an emergency circumstance.
4. With respect to the approximate twenty
weekdays that the child is off from school and the parents
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do not normally enjoy a holiday, the parties shall reach an
agreement with respect to custody on those days, which
agreement shall be reached by June 1st prior to the
beginning of the school year. The calendar of such days
shall be provided by the father.
5. The parties are directed to ensure that the
child arrives punctually at all of her extracurricular
activities, including but not limited to athletic and
sporting activities, whether they be for practice or for
training or for a game.
6. With respect to all transportation referenced
In the custody order, same shall be shared equally between
the parties with the party receiving the child to provide
transportation. It is expected that these pickups will
occur at the residence of the party unless otherwise agreed.
By the Court,
:lfh
A. Hess, J.
~lliam L. Grubb, Esquire
For the Plaintiff
~es R. Dernrnel, Esquire \
For the Defendant