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HomeMy WebLinkAbout03-6441STEPHANIE J. PITTENGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL ANIA V. CIVIL ACTION - LAW 2003- 6 q 4l CIVIL TERM BRADLEY A. PITTENGER, Defendant IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. STEPHANIE J. PITTENGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL ANIA V. CIVIL ACTION - LAW 2003- pyyl CIVIL TERM BRADLEY A. PITTENGER, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND (D) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Stephanie J. Pittenger, by and through her attorneys, Irwin & McKnight, Esquires, and files this complaint in divorce against the Defendant, Bradley A. Pittenger, representing as follows: 1. The Plaintiff is Stephanie J. Pittenger, an adult individual residing at 25 North Acorn Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Bradley A. Pittenger, an adult individual residing at 25 North Acorn Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and Defendant were married on June 30, 1990 in Carlisle, Pennsylvania. 5. There were two children born of this marriage. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. COUNT II ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES 8. The allegations of Paragraph one (1) through seven (7) of the Divorce Complaint are incorporated herein as if fully set forth above. 9. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 10. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 11. Defendant is presently employed and receiving a substantial income and benefits an is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff respectfully requests the Court to enter an order requiring Defendant to pay for Plaintiff's counsel fees, expenses and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, IRWIN & McKNIGHT By: Marcus cKni Yt, III, Plaintiff West Pomfre fessional Bui 60 West Pomfret Str Carlisle, Pennsylvania 17013 717-249-2353 Supreme Court I.D. No. 25476 Date: December 11, 2003 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. S NIE J. PITTENGER Date: December 11, 2003 STEPHANIE J. PITTENGEI, Plaintiff V. BRADLEY A. PITTENGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL ANIA CIVIL ACTION - LAW 2003- CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, 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 participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I Date: 12IIII?3 STEP IE J. PITTENGER Plaintiff --1-- 2 ? u 4_ C . DEC 1 STEPHANIE J. PITTENGER, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2003- Coq q I CIVIL TERM BRADLEY A. PITTENGER, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this #i' day of December, 2003, upon presentation and consideration of the within Petition, aid Yp vr_ fr_ii__o C._ -: uuvnei, a r rlrnAixin J. ri i I EIMur,x auu uer :..?. shi'_kta, IAA?: M. FPi,ERUER .,...: AUCEII: At, Ff....I1vrAl. uUw 1c h'll..s it C - .kcrlu1d C.,,...V, N.,..bywauin, 1S h. e... di . _4 pr°,...• a^ ?r of uk,,-_ Sc__i Le Il..p ...1?..., DRADLEV A. A. Xr 1'4"Mic, the following Temporary Order is entered: The Respondent, BRADLEY A. PITTENGER, whose current address is 25 North Acorn Drive, Boiling Springs, Pennsylvania 17007, is hereby enjoined from physically abusing the Petitioner, STEPHANIE J. PITTENGER and k__ I.I. a., iri?urn ....a AUA,..1111. i...EIMER, or placingi)A*,.in in fear of abuse a.._' 1; ... ., h ?t ?....X _._ C.., , _ The Respondent is enjoined from der harassing w?. I vJ/- Ad the Petitlon5 k,. 1..,,. 115 M4TA at " ,?v.lh A _ D...,., HM.r, uYnngs, l,urnoerlana C.,....25, F?.....,,1ia...d'a .,. at her place of place of employment with the Visiting Nurses Association/Carlisle Regional Medical Center. The Respondent is prohibited from possessing and/or purchasing a firearm or other weapon. The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt, which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. s? e " C. _1- Ana `-r --1 1 .'d.-.. ...c ga auaau zA?Iuaav., Fvo.-..J%- A mori4ol rnal.in....- -1 2E wT-..a16 Annrn nrivP. Rnili"s T'A'WS p[- 7* --%, 1070W. This Order shall remain in effect until a final order is entered in this case. A hearing shall ? ? I n Courtroom of , , at ? .m. rn Courtroom be held on this matter on the 1WA tftT* 2003 No. U<' Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriffs Office shall attempt to make service at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of South Middleton Township, and the Pennsylvania State Police will be provided with a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. §6113 Y THE COUR I STEPHANIE J. PITTENGER, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2003- CIVIL TERM BRADLEY A. PITTENGER, Respondent PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. STEPHANIE J. PITTENGER, Petitioner V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003- CIVIL TERM BRADLEY A. PITTENGER, Respondent PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER AND NOW comes the Petitioner, STEPHANIE J. PITTENGER, by her attorneys, Irwin & McKnight, Esquires, and presents this petition for a protective order under the Protection from Abuse Act, 23 Pa.C.S.A. Section 6101 et seq., representing as follows: 1. The Petitioner is STEPHANIE J. PITTENGER, an adult individual presently residing at 25 Acorn Drive, South Middleton Township, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Respondent is BRADLEY A. PITTENGER, an adult individual residing 25 Acorn Drive, South Middleton Township, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties were married on June 6, 1990, in Carlisle, Pennsylvania. They have two minor children, Ian M. Pittenger, born December 12, 1990, and Austin M. Pittenger, born October 7, 1995. 4. The physical abuse and violence relating to this marriage began in 1991 when the Petitioner was knocked down the stairs at the marital residence by the Respondent. 5. The physical abuse continued when in 1997, the Respondent punched the Petitioner in the nose and giving her two black eyes. 6. In August 2003, the Respondent physically abused the Petitioner by throwing her backwards onto the bed and proceeding to choke her. 7. This violence has continued throughout the marriage and on numerous occasions the Respondent has threatened the Petitioner with physical harm. The Respondent has physically assaulted the Petitioner on numerous occasions as indicated at the times specified above. 8. The Petitioner has been placed in fear of serious bodily injury due to the Respondent's continual verbal threats and past abuse. 9. The Petitioner and her minor children are in immediate and present danger of abuse from the Respondent. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order providing that : a. Respondent shall refrain from abusing, threatening with violence, harassing or visiting the Petitioner or the minor children in any manner; b. Respondent shall be excluded from the residence of the Petitioner, or any residence where the Petitioner may reside; and at the Visiting Nurses Association/Carlisle Regional Medical Center where the Petitioner works; C. Such other relief as this Court deems necessary. Respectfully submitted, IRWIN & McKNIGHT BY: 4smezz Supreme Court I. No. Attorney for Peti ner, 60 West Pomfret S t Carlisle, Pennsylvania 1 717-249-2353 lk J. Pittenger 3-3222 Date: December _ /1 , 2003 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. J. PITTENGER Date: December 11 , 2003 ti r c; c Z= i ._ v STEPHANIE J. PITTENGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL ANIA V. CIVIL ACTION - LAW 2003-6441 CIVIL TERM BRADLEY A. PITTENGER, IN DIVORCE Defendant AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Bradley A. Pittenger, on December 15, 2003, by certified, restricted delivery mail, addressed to him at 25 North Acorn Drive, Boiling Springs, Pennsylvania 17007, with Return Receipt Number 7002 0860 0000 1074 4735. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are hand correct. I understand that false statements herein made are subject to the penalties of 1 a. C. S. Section 4904, relating to unsworn falsification to authorities. /G A Attorney Date: December 19, 2003 M1 7 S 171 12? QM F12 2 03CPJTTATGFk 'L A ' .' r3 f C3 C3 Postage $ C3 30 p cartltlae Fes - . iPednleric : C3 Retum Recebt Fee 5 Ikea ? (Eneoremneie Requhae) e 0 tmem Requlr O ru 7btst Postage a Fees @ $ ?. , C3 M1 t . MR BRADLEY A. PITTENGER''- „- eryes????APP??LNe. er@o?eo49 H ACORN DRIVE ....... i° .................................. _..._..._. ............... ¦ (bmplete 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 heck of the mallpiece, or on the from N space permits. 1. Article Addressed to: MR BRADLEY A. PITTENGER 25 NORTH ACORN DRIVE BOILING SPRINGS PA 17007 ~ ? Agent X • sad Addresses e. scsWd by ( Name) C. Date of Delivery D. Is delli4y ees different from Item 11 ? Yes If YES, enter delivery address Wow: 0 No 11 Meal ? Express Mail 2. Article Number (rransferfrom serv/celabwq 7002 0860 0000 1074 473 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 ? ? rs ?? ?, ?., -i, _ o ?' rn? _ c i _om -n ? i c`j r _?_r .'z:-?; ? L . ,. ? , Z ? , ? ? u DEC-16-2003 02:05PM FROM-MANCKE WAGNER SPREHA STEPHANIE j. prfTENGEk Petitioner, V. BRADLEY A P1TTENGER, Respondent. +717-234-7080 T-959 P. 002/002 F-321 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2003-6441 CIVIL TERM PROTECTION FROM ABUSE G;? AND NOW, this I O day of December, 20()3, upon request of Respondent, and wrth concurrence of Petitioner, a hearing set for December 18, 2003, at 8:45 a.m. is hereby continued and rescheduled for Tuesday. December. 23, 2003, at 1:30 p.m_ in Courtroom No. 5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. BY 1. w N \ G11-7 ! ??ny r jnj S 1 • I I !' ZZ 030 EOOZ ?l?d'lONChtlO d 3H, .10 DEC-16-2003 02:05PM FROM-MANCKE WAGNER SPREHA +717-234-7080 LAW OMCrs MANGKE, WAGNKri & Sr-REHA 2292 NORYH FRONT.$RiEST 111WN R, MANGKE P. RIGHARn WAGNER -' nc. rn 177M EDWARD F SPREHA, JR. T-959 P. 0011002 F-321 PHONE M'M ^ 7MI FAX x7m 2H47o8o Please fund attached proposed Order regarding the rescheduling of the Pittenger PFA Nearing scheduled for December 18, 2003. If you do not receive all of these pages, please call 717-234-7051. This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employer or agent responsible for delivering the message to the intended recipient, you are hereby notified that any disscuiinuLiun, disuibuLioo of copying of this coirunw)ication is strictly prohibited. if you haft received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the US Postal Service. Thank you. rAX NO: 240-6462 FROM_ Rich Wagner DATE: December 16, 2003 RF.- Pittenger STEPHANIE J. PITTENGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL ANIA V. CIVIL ACTION - LAW 2003-6441 CIVIL TERM BRADLEY A. PITTENGER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Stephanie J. Pittenger, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Stephanie J. Pittenger, is an adult individual with an address of 25 North Acorn Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, Bradley A. Pittenger, is an adult individual with an address of 1501 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of two (2) children, namely, Ian M. Pittenger, born December 12, 1990, age 13 years, and Austin M. Pittenger, born October 7, 1995, age 8 years. 4. The Plaintiff desires that the parties have shared legal custody of the minor children, Ian M. Pittenger and Austin, M. Pittenger. 5. The Plaintiff desires primary physical custody of the minor children, Ian M. Pittenger and Austin, M. Pittenger, with periods of temporary physical custody to Defendant as the parties IRWIN & McKNIGHT agree is in the best interest of the children. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Stephanie J. Pittenger, respectfully requests that she be awarded primary physical custody and shared legal custody of the minor children, Ian M. Pittenger and Austin, M. Pittenger, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfullly submitted, By: zotagr- Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: January 2, 2004 60 West Pomfret Street VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. kU- STEP IE J. PITTENGER Date: January 2, 2004 STEPHANIE J. PITTENGER, Plaintiff V. BRADLEY A. PITTENGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL ANIA CIVIL ACTION - LAW 2003-6441 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: P. Richard Wagner, Esq. Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 IRWIN & Mc IGHT a. ' By: Ma; cKnigh , HI, 60 es Pomfret Street Caz PA 17013 (717) 249- Supreme Court I.D. No. 2.5476 Date: January 2, 2004 e-0 -0 -7 "1 I?K z' cx, ii Q% K ? c 3 v \ / _ 1 N C? ? rorn N Cy7 1 a L? jrn i-: GCS ? STEPHANIE J. PITTENGER, Plaintiff V. BRADLEY A. PITTENGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-6441 CIVIL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 23rd day of December, 2003, it appearing that the parties have resolved this matter by agreement, our temporary order dated December 12, 2003, shall remain in full force and effect until the revised order is submitted to us for signature. XIarcus McKnight, Esquire For the Plaintiff ?P. Richard Wagner, Esquire For the Defendant Sheriff ?[1•. p t`?t C^. pf Lfql la-so-¢3 srs BV the rniirl- iui??? r s '??C{ STEPHANIE J. PITTENGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-6441 CIVIL ACTION LAW BRADLEY A. pITTENGER DEFENDANT IN CUSTODY ORDER COURT AND NOW, Wednesday, January 07, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Es q. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Janua the conciliator, ry 22, 2004 at 10:30 AM for aPre-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 resent at the conference. Failure to a provide grounds for en y p try of a temporary or permanent order. PPear at the conference may 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/ v Custody Conciliator Cour Pleas Cumberland with Disablilites Actto 1990. For informat on about accessible facilities and reasona available to disabled individuals having business before the urtquired by law to comply with the Americans must be made at least 72 hours please contact our office. All arrangements conference or hearing. Prior to any hearing or business before the court. You must attend the scheduled YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE IF IF YOU OFFICE SET IIAVE AN ATTORNEY OR CANNOT AFFORD ONE GO TO OR TELEPHONE T DO NOT 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 V- a -;v -so- * ho b l f 11 :cl lid 6- NU I'M ?ryt_,iC1 O?iI-? SHERIFF'S RETURN - REGULAR CASE NO: 2003-06441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PITTENGER STEPHANIE J VS PITTENGER BRADLEY A CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon PITTENGER BRADLEY A the DEFENDANT , at 1020:00 HOURS, on the 15th day of December , 2003 at 6643 CARLISLE PIKE MECHANICSBURG, PA 17055 BRADLEY A PITTENGER by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this 19-a dav of CPzo t d-ob;JA.D. So Answers: R. Thomas Kline 00/00/0000 /i By Deputy Sheriff JAN 2 3 2004 ' STEPHANIE J. PITTENGER, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2003- 6441 CIVIL TERM BRADLEY A. PITTENGER, Respondent PROTECTION FROM ABUSE FINAL PROTECTIVE ORDER AND NOW, this ,3ok day of January, 200?upon presentation and consideration of the agreement reached by the parties in this case, the following Final Order is entered: The Respondent, BRADLEY A. PITTENGER, of 1501 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, neither admits nor denies the averments of fact alleged in the Petition for Protective Order filed by Petitioner, STEPHANIE J. PITTENGER. The Respondent, BRADLEY A. PITTENGER, is hereby enjoined from physically abusing the Petitioner, STEPHANIE J. PITTENGER, or placing her in fear of abuse. The Respondent is enjoined from harassing the Petitioner at her home located at 25 North Acorn Drive, Boiling Springs, Cumberland County, Pennsylvania or at her place of place of employment with the Visiting Nurses Association/Carlisle Regional Medical Center. The Respondent is also prohibited from possessing and/or purchasing a firearm or other weapon. The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt, which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. The Petitioner is granted exclusive possession of the marital residence at 25 North Acorn Drive, Boiling Springs, Pennsylvania 17007. This Order shall remain in effect for a period of one (1) year from the date of this Order. The District Justice of South Middleton Township, and the Pennsylvania State Police will be provided with a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. §6113). BY EDW Marcus A. McKnight, III, Esq. Attorney for Petitioner ??Richard Wagner, Esq. Attorney for Respondent of-a? Oy E. GUIDO, JUDGE r 4LI PsP C' P yin, ,, ?i .-, ?41s: '.. ?'??:?. .? ??; ?? ?a/ry,? ? :? ?x;?, ? "?/ ???p? ? ; ?? ?T?.i,?il ???/ ?_. BROADCAST REPORT TIME : 01/26/2004 10:01 NAME : PROTHONOTARY C LONG FAX : 7172406573 TEL SER.N BROH3J606381 PAGE(S) 03 DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 21;26 10:00 PSP 26 10:01 CENT 25 03 RAL PROSSIN 29 OK ECM 03 OK ECM BUSY : BUSY/NO RESPONSE NG POOR LINE CONDITION CV COUERPAGE PC PC-FAX G? JAN 21 2004 STEPHANIE J. PITTENGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW BRADLEY A. PITTENGER, : NO. 03-6441 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 3' day of Jwwary, 2004, upon consideration of the attached custody Conciliation report, it is ordered and directed as follows: 1. The mother, Stephanie J. Pittenger, and the father, Bradley A. Pittenger, shall enjoy shared legal custody of Ian M. Pittenger, born December 12, 1990, and Austin M. Pittenger, born October 7, 1995. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. On alternating weekends from Thursday at 5:30 p.m. until Monday morning when father shall deliver the minor children to school. For an eight (8) week time frame, the weekend schedule shall be father having the children the weekend of January 24, mother having the children the weekend of January 31 and February 7, father having the weekend of February 14, mother having February 21, father having February 28, mother having March 6 and father having March 13. b. The Tuesday following mother's weekend, father shall also have custody of the minor children from 5:30 p.m. until 8:00 p.m. c. Father shall also have temporary custody at such times as agreed upon by the parties. 4. Both parents shall ensure that the minor children attend their educational, athletic and social commitments while they have custody of the minor children. 5. In the event either parent is unable to take care of the minor children because of work or otherwise and the grandparents of the custodial parent are not available to provide custody, they must contact the other parent first before arranging for any alternative daycare arrangements. 6. The parties may modify this order in any way in which they agree. Absent an agreement between the parties, this order shall control. 7. This is a Temporary Custody Order. The parties shall meet again with the custody conciliator on March 18, 2004 at 8:30 a.m. for another custody conciliation conference. In the event legal council for the parties feel that the conciliator needs to address this case prior to the March 18, 2004 hearing date, either attorney may contact the conciliator directly to schedule a Telephone Conference Call. BY Judge cc: v41arcus A. McKnight, III, Esquire ?I'. Richard Wagner, Esquire o?•3- 0 y VN!AlXgN4 Nr', L I I Wd 6- 033 U01 STEPHANIE J. PITTENGER, Plaintiff v BRADLEY A. PITTENGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-6441 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Ian M. Pittenger, born December 12, 1990, and Austin M. Pittenger, born October 7, 1995. 2. A Conciliation Conference was held on January 22, 2004, with the following individuals in attendance: The mother, Stephanie J. Pittenger, with her council, Marcus A. McKnight, III, Esquire, and the father Bradley A. Pittenger, with his council, P. Richard Wagner, Esquire. 3. Based upon the recommendation of the conciliator, the parties agree to the entry of the attached Temporary Custody Order. DA Hubert X. Gil , Esquire Custody Co liator STEPHANIE J. PITTINGER, PLAINTIFF V. BRADLEY A. PITTINGER, DEFENDANT NO. 2003-6441 CIVIL TERM STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN & By: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY :PENNSYLVANIA MarcustA. McKniglt, III, Esquire Supreme Court I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: November 1, 2007 ??' ? n ?__ '-'' ?? ?-F? _ ??. -?, i-? , - ? ; ??; .. " - :?? -? - ? ' ? ? r ?? `? - c?a i . '-?; ?? -,. ?? ?., °? BRADLEY A. PITTENGER, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. x003-(01#j/ Civil Term STEPHANIE J. PITTENGER ( IN DIVORCE P? MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this '7 day of ac" 2008, by and between, STEPHANIE J. PITTENGER, of Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and BRADLEY A. PITTENGER, of Boiling Springs, Cumberland County, Pennsylvania, WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 30, 1990, in Cumberland County, Pennsylvania, and WHEREAS, there were two children born of this marriage; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she is satisfied by the disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement. BP e. SP 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of JANE ADAMS, ESQUIRE, as his attorney. The Wife is PRO SE and does not have an attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband intends on filing a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent 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. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 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 of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation 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. jKBP 4-? SP 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. BP SP (c) The parties will take any steps necessary to close any joint credit card accounts. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. §3501 et. seq. The division of existing marital property is not intended by the parties to 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 marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 6( BP -2- SP 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: (a) 2008 Honda Civic shall be and remain the sole and exclusive property of Wife. (b) Husband shall retain sole possession of the leased 2008 Honda Ridgeline and shall be responsible for all obligations under the lease. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, (or as soon as possible, if joint titles are being held by the lienholder) and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against the respective automobiles in their possession. 12. REAL ESTATE. The parties hold title to a property identified as 25 N. Acorn Drive, Boiling Springs, Cumberland County, Pennsylvania, which was purchased during the parties' marriage. Regarding this property, the parties agree as follows: (a) As of the date of this agreement, Wife hereby waives all her right, title, and interest in and to the property. As of December 15, 2008, Husband shall have sole and exclusive possession of this property and Wife shall cease residing in the marital home. On or by December 10, 2008, Wife agrees to sign a spousal waiver, Deed, or any other document required by any entity to confirm this agreement. (b) As of the date this agreement, HUSBAND shall be solely responsible for all present, and future costs or liabilities associated with or attributable to maintaining the residence (except as provided herein), including but not limited to, the mortgage payment, insurance, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall keep WIFE and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) Husband is currently pre-approved for refinancing and shall promptly take all steps to complete refinancing of the mortgage obligation on the marital home into his name alone. Upon refinance, Husband shall pay Wife the amount of $150,000.00 in consideration of her waiving all right, title and OBP _ P SP interest in and to the marital home. Husband shall bear all costs of refinancing, and filing and preparation of the deed. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 15. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties intend on filing separately for the year 2008 and all subsequent years. Unless agreed otherwise in writing, Wife shall be entitled to claim Ian Pittenger as an exemption on her income taxes and Husband shall be entitled to Austin Pittenger as an exemption on his income taxes. Husband shall be entitled to claim all interest and/or any other expenses or items which relate to the marital home on his income taxes for 2008. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. The parties agree that regarding any division of joint accounts, such accounts shall be divided so that cost basis, adjusted basis, holding period, and potential tax recapture liability of all such investments are divided equally. 16. ACCOUNTS. The parties shall retain all separate accounts in their possession and waive any and all interest in each others accounts. Husband is custodian of a Vanguard account which is for the benefit of the parties' children. Husband shall remain custodian on this account. 17. CHILD SUPPORT. Husband shall pay Wife the amount of $500.00 per month for child support. Such support shall be paid directly to Wife on the first of each and every month. Nothing in this agreement shall prevent the parties from requesting a modification of this agreement where there is a substantial change in the circumstances of the parties, or the children, and this agreement shall not contractually n BP SP obligate the Plaintiff or Defendant to pay an amount per month without regard to the circumstances of the parties or the child, or the applicable child support guidelines. The parties shall equally divide all unreimbursed medical expenses. Such expenses shall include the following expenses: doctor's visits, co-pays, dental, orthodontics, vision, any reasonable counseling fees and prescription drug costs. 18. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 19. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 20. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 21. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 22. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 23. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. /4BP '1 SP 24. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 25. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 26. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: s StephanI J. Pittenger, ?a 4 v? COMMONWEALTH OF PENNSYLVANIA ):ss COUNTY OF CUMBERLAND On this, thee` day of 1)eeern b-er^ , 2008, before me, the undersigned officer, personally appeared STEPHANIE J. PITTENGER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?? I ti-, rn oar, COMMONWEALTH OF PENNSYLVANIA N ry Public Notarial;eal My commission expires: Julie M. Good, Notary Public SEAL Carlisle IBoro, Cunberland County My Commission E)ires Dec. 6, 2011 Member. PennsvK,, 7ia its :--iation of Notaries KBP -7 SP WITNESSETH: Witne Date: t Z (? D COMMONWEALTH OF PENNSYLVANIA Brad Ie A. Pittenger, usband ):ss COUNTY OF CUMBERLAND 1 q 4t On this, the day of Qace an k3k r, 2008, before me, the undersigned officer, personally appeared BRADLEY A. PITTENGER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA N ry Public Notarial Seal Julie M. Good, Notary Public My commission expires: Lca dis ie Boro, Cumbedand County ommission E)ires Dec. F, 2Itl 1 Member, Pennsylvania Association of T, ,-7- SEAL 10 BP 2_ SP C-3 --? c 0 z3 STEPHANIE J. PITTENGER, Plaintiff vs. BRADLEY A. PITTENGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 6441 Civil Term ACTION IN CUSTODY CUSTODY AGREEMENT t This Custody Agreement is made this day of 2008, by and between Stephanie J. Pittenger, Hereinafter referred to as "Mother"), of Boiling Springs, Cumberland County, Pennsylvania, and Bradley A. Pittenger, (Hereinafter referred to as "Father"), of Boiling Springs, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Ian M. Pittenger, born December 12, 1990; and Austin M. Pittenger, born October 7, 1995; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their children, the terms of which agreement both parties desire to set forth in the present Agreement, and, WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Joint Legal Custody. Legal custody is the legal right to make all major non- emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Mother and Father shall have joint legal custody of their children, Ian M. Pittenger, and Austin M. Pittenger. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. K Pursuant to this section, the parties agree that: 5J'A. Each party shall confer with the other on all matters of importance including but not limited to issues relating to the child's health and education. 9-4-B. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. WiC. Pursuant to the terms of 23 Pa. C.S. §5309, 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 such records or information, and such information has not been provided to the other parent, 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. K_qD. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. ?BnP_ 2. Emergency Decisions. Emergency decisions regarding a child shall be made by the parent then having physical custody of the child. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. 3. Physical Custody. Physical custody is defined as actual physical possession and control of a child. Physical Custody of the children, as that term is defined in the custody act, shall be shared. 4. Schedule of physical custody. The parties shall share physical custody as follows: a. Each party shall have a period of one week with both children to run from Friday after school or at 3:00 p.m. through the following Friday after school or at 3:00 p.m. when the parties shall exchange custody. This week on, week off arrangement shall begin on December 12, 2008, when Mother shall have custody of the children. The parties shall meet for their exchange at 3:00 p.m. every Friday thereafter. b. The parties shall equally divide all major holidays. Regarding Christmas: For even numbered years, Father shall have the children on Christmas Eve from 3:00 p.m. through 11:00 p.m. and Mother shall have the children from 11:00 p.m. on Christmas Eve through 3:00 p.m. on Christmas Day. Father shall have 3:00 p.m. on Christmas Day through 3:00 p.m. on December 26th For odd numbered, Mother shall have the children on Christmas Eve from 3:00 p.m. through 11:00 p.m. and Father shall have the children from 11:00 p.m. on Christmas Eve through 3:00 p.m. on Christmas Day. Mother shall have 3:00 p.m. on Christmas Day through 3:00 p.m. on December 26tH For Thanksgiving, the parent who is designated to have physical custody of the children on that full week, shall relinquish physical custody of the children to the other parent on Thanksgiving at 3:00 p.m. The other parent shall then keep the children from Thanksgiving day at 3:00 p.m . Through the subsequent Friday exchange. C? c. Mother shall always have the child on Mother's Day from 9:00 a.m. through 5:00 p.m and Father shall always have the child on Father's Day from 9:00 a.m. through 5:00 p.m. d. Each party shall have option of having two non-consecutive weeks vacation with the children, per year, upon thirty (30) days notice to the other parent. e. Nothing in this agreement will prevent the parties from altering this agreement upon mutual consent. 5. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 6. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well- being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. 7. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and Order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. ow ? 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: AAj, Stepha J. Pittenger, Mother Date: 1-7-1?10k COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND 1 On this, the q-1h day of [?)eeernber , 2008, before me, the undersigned officer, personally appeared STEPHANIE J. PITTENGER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ? I I LIL M . b?wct COMMONWEALTH OF PENNSYLVANIA NO ry Public Notarial Seal Julie M. Good, Notary Public 1 !? _ ) `b l Carlisle Born, C',u3nberland Courdy My commission expires: / 01 t h Q[ My Commission E)#res Dec. 6, 2011 K%mber. Fe!insyivµ-*, of Notaries SEAL W' ness Bradl A. Pitteng , Father Date- 1" D' COMMONWEALTH OF PENNSYLVANIA ) ):Ss COUNTY OF CUMBERLAND ) On this, the q-11?6 day of Q ec e P(l bcj r , , 2008, before me, the undersigned officer, personally appeared BRADLEY A. PITTENGER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAL H OF PENNSYLVANIA Notarial Seal Jute M. Goal, Notary Public Carlisle Boro, Qaxnberrland County My Commission E)pimt? Dec. 6, 2011 !-n of Nciaries N i 1?'k m N ry Public My commission expires: SEAL BP SP DEC 16 2006 e„ STEPHANIE J. PITTENGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6441 Civil Term BRADLEY A. PITTENGER, ACTION IN CUSTODY Defendant ORDER AND NOW, this /7 ? day of 10? , 2008, having reviewed the attached agreement between the parties dated December 9, 2008, it is hereby ORDERED and DECREED as follows: 1. Bradley A. Pittenger and Stephanie J. Pittenger shall have shared legal custody of their children, Ian M. Pittenger, born 12/12/90, and Austin M. Pittenger, born 10/7/95. 2. Bradley A. Pittenger and Stephanie J. Pittenger shall share physical custody of the children. 3. The parties' agreement, dated December 9, 2008, shall be entered and incorporated into this Order of Court. J. cc: Jane Adams Esquire, for father `' Stephanie J. Pittenger, mother, pro se ??tgs J ?-? ? ? ?' + /??y ry n 7 ?? ?/ Yi? U ? aJ?V i3?Y{J J'1LJ?..?.?..i1? d4??J ? 1{?'? .?! "j..,f M. ?..'.L, STEPHANIE J. PITTENGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6441 Civil Term BRADLEY A. PITTENGER, ACTION IN CUSTODY Defendant AFFIDAVIT OF CONSENT 2003. 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on or about December 11, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. the decree. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of I verify that the statements made in this affidavit are true and correct. l also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 1 ' StephAIN J. Pittenger, "Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 1 1 understand that l may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. l understand that i will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification o a horities. Date: Stephan OiPittenger, Plaintiff i j STEPHANIE J. PITTENGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6441 Civil Term BRADLEY A. PITTENGER, ACTION IN CUSTODY Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on or about December 11, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 1 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: y/ ?/0e fBB4radlee Pitten#4re eren WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE I . I consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 1 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is tiled with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: P-M Bradley . Pitt enger, efendant E+.A ?-y ' °? T# ? „ ^',7 , C.. ; ?, 'w! ui. , __ ? STEPHANIE J. PITTENGER, Plaintiff vs. BRADLEY A. PITTENGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 6441 Civil Term : ACTION IN CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Plaintiff maintains she is pro se. Plaintiff's former attorney of record has been contacted and made no objection to proceeding in this matter. Please accept this request to transmit the record, from the Defendant, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce Code. 2. Date and manner of the service of the Complaint: Served certified mail, restricted delivery, received by Defendant on December 15. 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: December 19, 2008 By Defendant: December 19, 2008 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 23, 2008. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 23, 2008. Date: 1pZ aZ V06- S Respectfully d e Adams, Esquire No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant ?° .?-; ,-; ' _. rT ? ? . a ? ??,_ __ '?-; ? ?? STEPHANIE J. PITTENGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY A. PITTENGER NO. 03 - 6441 CIVIL TERM DIVORCE DECREE AND NOW, ?O , ^V?' , it is ordered and decreed that .)(&! STEPHANIE J. PITTENGER , plaintiff, and BRADLEY A. PITTENGER defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None; The marriage settlement agreement signed by the parties December 9, 2008 Prothonotary and filed under the above-captioned number shall be incorporated and not merged into this Decree. R f