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Home My WebLink About08-1586.. TRACY A. PUCHALSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008- S$'(o CIVIL TERM THOMAS M. PUCHALSKY, 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, 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, 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. TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 1,5-K4 CIVIL TERM • IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND aD OF THE DIVORCE CODE AND NOW comes the Plaintiff, Tracy A. Puchalsky, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Thomas M. Puchalsky, representing as follows: 1. The Plaintiff is Tracy A. Puchalsky, an adult individual residing at 1004 Harriet Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Thomas M. Puchalsky, an adult individual currently residing at 11 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six (6) months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on September 2, 1993. 5. There have been no prior actions of divorce or for annulment between the parties. 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 respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT By: marcu*A. Mc" t, III, Esquire Supreme Court( o. 25476 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: March 10 , 2008 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 unworn falsification to authorities. --7i?, ? `V4e' -4a fs-?? RA Y A. PUC SKY Date: March 10 1 2008 TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - I S'O 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. zg& - J a A. PUCHA SKY Date: March 10 , 2008 I Q N C? o -n 3 W ??3 ? " r? r W TT ( 1t (( w r' ? r i l Ln 1 v n TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - X50 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Tracy A. Puchalsky, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Tracy A. Puchalsky, is an adult individual with an address of 1004 Harriet Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Thomas M. Puchalsky, is an adult individual with an address of 11 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) children, namely, Edward T. Puchalsky, born April 1, 1997, and Anne M. Puchalsky, born September 3, 2001. 4. The Plaintiff, Tracy A. Puchalsky, desires that the parties have shared legal custody of the minor children, Edward T. Puchalsky and Anne M. Puchalsky. 5. The Plaintiff, Tracy A. Puchalsky, desires primary physical custody of the said minor children with periods of temporary physical custody to Defendant, Thomas M. Puchalsky, as the parties can agree. 6. The best interests and permanent welfare of the minor children requires that the Court grant the Plaintiffs request as set forth above. WHEREFORE, the Plaintiff, Tracy A. Puchalsky, respectfully requests that she be awarded primary physical custody and shared legal custody of Edward T. Puchalsky and Anne M. Puchalsky as provided herein, with periods of temporary physical custody to Defendant, Thomas M. Puchalsky, as provided herein. Respectfully submitted, IRWIN & By: Marcus6. McKni II , Esquire Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: March _io_ , 2008 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 unsworn falsification to authorities. T Y,(. PUCHALS Date: March 10 , 2008 b -n ' r `..? Sig: . ? ?•> 1 r t ?" - ^? , , . t'ri . c cn TRACY A. PUCHALSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS M. PUCHALSKY DF.FF.,NDANT 2008-1586 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 15, 2008 at 10:30 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. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 (717) 249-3166 ?? .? ??a? ? t ??? DDDZ ( .- -ti Pamela L. Purdy, Esquire Attorney I.D. No. 85783 308 N. 2nd St., Ste. 200 PO Box 1 1 544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Attorney for Defendant TRACY A. PUCHALSKY, Plaintiff VS. THOMAS M. PUCHALSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1 586 CIVIL TERM IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant Thomas M. Puchalsky. Respectfully submitted, Date: lov / I g r --?T Pamela L. Purdy CERTIFICATE OF SERVICE The undersigned certifies that on the day of March, 2008, a true and correct copy of the foregoing Praecipe was served by first-class mail, postage prepaid, upon the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 94d t k_? - Pamela L. Purdy Of Counsel for Defendant C? ? p 1 m '.. rr -; cn to TRACY A. PYCHALSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW 2008 - CIVIL TERM THOMAS M PUCHALSKY, Defendant IN DIVORCE ACCEPTANCE OF SERVICE i I, P ELA L. PURDY, Attorney At Law, attorney for the defendant in the above- captioned div rce action, hereby verify that I accepted service of the Complaint in Divorce filed under Sectio s 3301(c) of the Divorce Code on or about March 26, 2008. I P" -I- (6-LQz'e-- PAMELA L. PURDY Date: ? S (f L co h "Mm R i0 2008r TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1586 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW -%ti AND NOW, this (?o day of aj , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tracy A. Puchalsky and the Father, Thomas M. Puchalsky, shall have shared legal custody of Edward T. Puchalsky, born April 1, 1997 and Anne M. Puchalsky, born September 3, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children beginning May 2, 2008 on alternating weekends, from Friday at 7:00 p.m. to Sunday at 6:00 p.m. While the children are in Father's physical custody he shall be responsible for transporting them to their school and extracurricular activities. 4. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day. 5. Father shall have two non-consecutive weeks of physical custody of the children in the summer. In 2008, those weeks shall be June 15-22 and July 13-20. In future years Father shall give Mother at least 30 days prior notice of his vacation weeks with the children. 6. Mother shall have physical custody of the children from June 29-July 5, 2008. 7. The parties shall alternate the summer holidays of Memorial Day, July 4th and Labor Day. Father shall have Memorial Day, 2008 and the parties shall alternate these holidays thereafter. 8. Father shall be entitled to reasonable telephone contact with the children which means every other day. Mother shall be responsible for returning Father's phone call to the children within 24 hours 9. The parties shall cooperate with counseling for the children and Father. Counsel for the parties shall select the counselor. 10. The parties shall communicate via email for custody issues and not through the children. 11. Transportation shall be shared such that the receiving party shall transport. 12. Neither parent shall do anything or say anything nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may pamper the free and natural development of the children's love and respect for the other parent. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for June 24, 2008 at 9:30 a.m. BY THE COURT, J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother ?Pamela L. Purdy, Esquire, Counsel for Father COP I *eS mt? ( L= C :9 A VN A8VIQWjjjC-dd 'APR 3 0 2008 v- TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1586 CIVIL ACTION - LAW IN CUSTODY 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Edward T. Puchalsky April 1, 1997 Mother Anne M. Puchalsky September 3, 2001 Mother 2. A Conciliation Conference was held in this matter on April 29, 2008, with the following in attendance: The Mother, Tracy A. Puchalsky, with her counsel, Marcus A. McKnight, 111, Esquire, and the Father, Thomas M. Puchalsky, with his counsel, Pamela L. Purdy, Esquire. 3. The parties agreed to an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator r r Nov 2 - 2008 ? TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1586 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 1rte day of V? a, ytf4 t.r , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated May 6, 2008 is hereby vacated. 2. The Mother, Tracy A. Puchalsky and the Father, Thomas M. Puchalsky, shall have shared legal custody of Edward T. Puchalsky, born April 1, 1997 and Anne M. Puchalsky, born September 3, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have partial physical custody of the children on alternating weekends, from Friday at 7:00 p.m. to Sunday at 6:00 p.m. While the children are in Father's physical custody he shall be responsible for transporting them to their school and extracurricular activities. ti 5. Father shall also have physical custody of the children every Wednesday from 5:30 p.m. to 8:30 p.m. Father shall be responsible for all transportation on Wednesdays. 6. Thanksgiving, New Year's Day and Easter shall be shared by the parties with Mother having physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father having physical custody from 3:00 p.m. to 9:00 p.m. 7. Christmas shall be divided into two Blocks. Block A shall be from 3:00 p.m. Christmas Eve to 3:00 p.m. Christmas Day and Block B shall be from Christmas Day at 3:00 p.m. to December 26 at 3:00 p.m. Mother shall always have Block A and Father shall always have Block B. 8. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. 9. Both parents shall have three non-consecutive weeks of physical custody of the children in the summer. The parties shall give each other 30-days notice of said weeks along with a telephone number and location where the children may be reached. 10. The parties shall alternate the summer holidays of Memorial Day, July 4th and Labor Day. Father shall have Memorial Day, 2008 and the parties shall alternate these holidays thereafter. 11. Father shall be entitled to reasonable telephone contact with the children which means every other day. Mother shall be responsible for returning Father's phone call to the children within 24 hours 12. The parties shall cooperate with family counseling for the children and Father. This counseling is for Father and children and not just for Father. Counseling shall continue until the counselor indicates that it is no longer needed. 13. The parties shall communicate via email for custody issues and not through the children. 14. Transportation shall be shared such that the receiving party shall transport. 15. Neither parent shall do anything or say anything nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may pamper the free and natural development of the children's love and respect for the other parent. 16. The children shall sleep in their own separate bedrooms from Father's bedroom when at Father's house. 4 IT Neither party nor any caregiver may, use physical discipline on the children. Father is permitted to defend himself against the children if necessary. 18. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Pamela L. Purdy, Esquire, Counsel for Father 6 l I , r SZ AN ?i?GZ 4 TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1586 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME Edward T. Puchalsky Anne M. Puchalsky DATE OF BIRTH April 1, 1997 September 3, 2001 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on November 19, 2008 with the following in attendance: The Mother, Tracy A. Puchalsky, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Thomas M. Puchalsky, with his counsel, Pamela L. Purdy, Esquire. 3. The Honorable M.L. Ebert, Jr., previously entered an Order of Court dated May 6, 2008 providing for shared legal custody, Mother having primary physical custody with Father having partial physical custody on alternating weekends. 4. The parties agreed to an Order in the form as attached. 11 IC7 6 Date acq ine M. Verney, Esquire Custody Conciliator t1 Am 2019 J?? ZZ Pit 3: 1 4 PENNS) Lt" TRACY A. PUCHALSKY, Plaintiff v. THOMAS M. PUCHALSKY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-1586 CIVIL ACTION - LAW IN DIRVOCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelyy(W-mwn.com Attorneys for Plaintiff must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 33010 OF THE DIVORCE CODE 1. The parties to this action separated on March 6, 2008 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 40 ' 3. 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. 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 authoritius. Date: 21 6 e McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com Attorneys for Plaintiff TRACY A. PUCHALSKY, Plaintiff v. THOMAS M. PUCHALSKY, Defendant N a rn o c COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-1586 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of J. Paul Helvy and McNees Wallace & Nurick LLC on behalf of Plaintiff. McNEES WALLACE & NURICK LLC BL::?aul Helvy Attorney ID . 531 Attorneys for Plaintiff, Tracy A. Puchalsky Dated: June 18, 2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Pamela L. Purdy, III, Esquire 308 North 2nd Street, Suite 200 PO Box 11544 Harrisburg, PA 17108 Marcus A. McKnight, III, Esquire Irwin & McKnight, PC 60 West Pomfret Street Carlisle, PA 17013 ___d/ A J:?? is elle Armour, Legal Secretary Dated: June 21, 2010 RLED-l rt(aE OF THE P ? ?Tr ""`l:??ARY 1010 JUNE! 24 PM i- 29 McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com Attorneys for Plaintiff TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant Pt *ZYl2V,AN!A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-1586 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a master with respect to the following claims: X Divorce Annulment X Alimony X Alimony Pendente Lite And in support of the motion states: Distribution of Property Support X Counsel Fees X Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The defendant has appeared in the action by his attorney Pamela L. Purdy, Esquire. (3) The statutory grounds for the divorce are: 3301(c) and (d) (4) The action is not contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: McNEES WALLACE & NURICK LLC By J. I Helvy 04orney ID N 48 Attorneys for Plaintiff, Tracy A. Puchalsky Dated: June 23, 2010 -2- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Pamela L. Purdy, III, Esquire 308 North 2nd Street, Suite 200 PO Box 11544 Harrisburg, PA 17108 Marcus A. McKnight, III, Esquire Irwin & McKnight, PC 60 West Pomfret Street Carlisle, PA 17013 Vic Ile Armour, Legal Secretary Dated: June 23, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant o NO. 2008-1586 7 c M a IN DIVORCE - 10 o? NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the ® Plaintiff ? Defendant in the above matter, [Select one by marking "x"] ® prior to the entry of a Final Decree in Divorce, or ? after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Tracy Anne Poffeiger, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. § 704. Date: 4L23Z/D 11 Signature J Signatu of nam being resumed COMMONWEALTH OF PENNSYLVANIA : COUNTY OF `?Ij_/j SS: On this, the As r4ay of IJ UAL, , 2010, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the forgoing for the purpose therein contained. In WITNESS WHEREOF, I have hereunto set my hand and official seal. 0-m . sba N aPublic Lynnore K. (MeA/eas, l(?t ?IAAe+Illvrrck[1CJ 411.oo PD A'O'Y seo-4on COMMONWEALTH OF PENNSYLVANIA Nab" SOW c'? Igr?41 Jsarme M. B whot NNolwy Pubic e ' 2gga4q City HanW u% Dat*W County My Commission Expirm June 7, 2011 JUN 2 5 2010 TRACY A. PUCHALSKY, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2008-1586 THOMAS M. PUCHALSKY, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, 2010, appointed master with respect to the following claims: ?- , Esquire is By the Court: J. Distribution: Pamela L. Purdy, III, Esquire, 308 North 2nd Street, Suite 200, PO Box 11544, Harrisburg, PA 17108 ?aul Helvy, McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, PA 17108-1166 Xarcus A. McKnight, III, Esquire, Irwin & McKnight, PC, 60 West Pomfret Street, Carlisle, PA 17013 cn- T ryx*aL E ? A X ' fT _ y N ; . ?y 1 .? C ;`J 2QlQ J~J~ 30 ~ 3~ ~ y McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com Attorneys for Plaintiff TRACY A. PUCHALSKY, Plaintiff v. THOMAS M. PUCHALSKY, Defendant CUP~~ .~ :: J°,JN7Y r~i`J~ty`~'~`LO+riF?~r? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-1586 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PETITION RAISING ECONOMIC CLAIMS AND NOW comes the Plaintiff, Tracy A. Puchalsky, by and through her attorneys, McNees Wallace & Nurick LLC, and files the following Petition Raising Economic Claims: 1. On March 10, 2008, Plaintiff Tracy A. Puchalsky ("Wife") filed a Complaint in Divorce in this matter. 2. Wife raises the following economic claims pursuant to Pa.R.C.P. 1920.15(b). COUNT I -ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 3. Wife incorporates herein by reference paragraphs 1 through 2 of this Petition. c~ l9 ~oaa el~.s /~ zyYy~ 4. Wife has retained an attorney to represent'her in this action and has agreed to pay him a reasonable fee. 5. Wife is not financially able either to meet the expenses arid costs of this action or the fees to which her attorney will be entitled in this case. 6. Wife has insufficient income and assets to provide for her needs. 7. The costs and expenses incurred in this litigation have become and will in the future become onerous, making it difficult for Wife to maintain and support herself during the pendency of this action. 8. Defendant Thomas M. Puchalsky ("Husband") is well able to provide for Wife's needs but has refused or otherwise failed to provide for same on a voluntary basis. WHEREFORE, Wife requests your Honorable Court to award Wife alimony pendente lite, counsel fees, costs and expenses. COUNT II -PERMANENT ALIMONY 9. Wife incorporates herein by reference paragraphs 1 through 8 of this Petition. 10. Wife has insufficient income and assets to provide for her needs. 11. Husband is well able to provide for Wife's needs but has refused or otherwise failed to provide for same on a voluntary basis. WHEREFORE, Wife requests your Honorable Court to award Wife permanent alimony -2- COUNT III -EQUITABLE DISTRIBUTION 12. Plaintiff incorporates by reference paragraphs I through 11 of this Complaint. 13. Plaintiff and Defendant possess various items of personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Defendant requests your Honorable Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. McNEES WALLACE & NURICK LLC BY. ~. ~bul Helvy / orney ID o. 53 Attorneys for Plb, Tracy A. Puchalsky Dated: j,~ I2,3I 10 -3- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Pamela L. Purdy, III, Esquire 308 North 2"d Street, Suite 200 PO Box 11544 Harrisburg, PA 17108 Marcus A. McKnight, III, Esquire Irwin & McKnight, PC 60 West Pomfret Street Carlisle, PA 17013 ich Ile Armour, Legal Secretary Dated: ~ ~~ I ~ (~ ., 2~P0 J~f~ ~2 ~~r ~,. Cl,'~~~.~-~ -'~--~NTY i a:`;-4 TRACY A. PUCHALSKY, Plaintiff v. THOMAS M. PUCHALSKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW • t~(~ ~ 2008 --IS?GCIVIL TERM IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please withdraw my appearance on behalf of the Plaintiff, TRACY A. PUCHALSKY, in the above captioned case. Respectfully submitted, By: IRWIN & P.C. Marcus. Mc igh ,III, Esquire 60 West Pomfre Str t Carlisle, Pennsylvania 17013 (717) 249-2353 Date: July 22, 2010 r, • TRACY A. PUCHALSKY, Plaintiff v. THOMAS M. PUCHALSKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2008 -1576 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Mazcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Withdrawal of Appeazance 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 Cazlisle, Pennsylvania, on the date referenced below and addressed as follows: J. Paul Helvy, Esq. McNees, Wallace & Nurick 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 IRWIN & IGHT, P By: Marcus A. McKu' ht, II Esquire 60 West Pomfret eet ' le, PA 17 (717) 2 Supreme Court I.D. No. 25476 Date: July 22, 2010 -OFFICE ; EFL ':lt0 COU? C'?` Pamela L. Purdy, Esquire Attorney ID No. 85783 1820 Linglestown Road Harrisburg, PA 17110 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Attorney for Plaintiff TRACY A. PUCHALSKY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1586 CIVIL TERM THOMAS M. PUCHALSKY, IN CUSTODY Defendant PETITION FOR CONTEMPT OF CUSTODY ORDER AND NOW, Defendant, by and through his attorney, Pamela L. Purdy, Esquire, files a Petition for Contempt of Custody Order against Plaintiff, and in support thereof, avers the following: 1. Plaintiff Tracy A. Puchalsky (hereafter referred to as "Mother") is an adult individual who resides at 455 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Thomas M. Puchalsky (hereafter referred to as "Father") is an adult individual who currently resides at 11 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania. 3. On March 10, 2008, Mother filed a Complaint for Custody. OQ,A t*-l O,om Yd aOf 93,758114 4. On April 29, 2008, the parties attended a custody conciliation, after which an agreed-upon order was entered granting the parties shared legal custody with Mother having primary physical custody and Father having partial custody every other weekend from Friday to Sunday. 5. On November 19, 2008, the parties attended a second conciliation, after which an agreed-upon order was entered granting the parties shared physical custody, with Mother having primary physical custody and Father having partial custody every other weekend from Friday to Sunday, and every Wednesday evening. A true and correct copy of the Order of Court dated November 25, 2008 is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 6. Since the entry of the order, during two different time periods, Mother has barred Father from seeing the children despite no change in the custody order. 7. Specifically, since the entry of the court order, Mother has denied Father his right to periods of partial custody on thirteen (13) occasions- December 1, 3, 4, 5 in 2010, and March 23, 25, 26, 27, 30, April 6, 8, 9, 10 in 2011. 8. In addition, the custody order requires the custodial parent to have the children return the non-custodial parent's telephone call within twenty-four (24) hours. 9. Since the entry of the order, Mother has failed to have the children return Father's call on March 16, 2009, June 26, 2009, March 23, 2010, July 24, 2010, August 21, 2010 and April 9, 2011. 10. Mother is in contempt of the November 25, 2008 custody order by failing to allow Father to exercise his right to periods of partial custody. 11. Mother has not filed a Petition for Modification, Special Relief, or Emergency Relief in this matter. 12. Through counsel, Mother has indicated that she does not intend for Father to resume his periods of custody at this time. 13. Father has incurred needless counsel fees and costs in the preparation and presentation of this Petition for Contempt, evidence of which will be presented at hearing. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order holding Mother in contempt of the current custody order, grant Father additional periods of partial custody to compensate him for the periods of custody that Mother has denied him; and award him counsel fees and costs. Respectfully submitted, Dated: 13., (,) (1 Attorney for Defendant ????T NOV 2 7 2008 Ch TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1586 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this a5'= day o, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 6, 2008 is hereby vacated. 2. The Mother, Tracy A. Puchalsky and the Father, Thomas M. Puchalsky, shall have shared legal custody of Edward T. Puchalsky, born April 1, 1997 and Anne M. Puchal sky. born September-'), 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and infonnation pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures. extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have partial physical custody of the children on alternating weekends, from Friday at 7:00 p.m. to Sunday at 6:00 p.m. While the children are in Father's physical custody he shall be responsible for transporting them to their school and extracurricular activities. 5. Father shall also have physical custody of the children every Wednesday from 5:30 p.m. to 8:30 p.m. Father shall be responsible for all transportation on Wednesdays. 6. Thanksgiving, New Year's Day and Easter shall be shared by the parties with Mother having physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father having physical custody from 3:00 p.m. to 9:00 p.m. 7. Christmas shall be divided into two Blocks. Block A shall be from. 3:00 p.m. Christmas Eve to 3:00 p.m. Christmas Day and Block B shall be from Christmas Day at 3:00 p.m. to December 26 at 3:00 p.m. Mother shall always have Block A and Father shall always have Block B. 8. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. 9. Both parents shall have three non-consecutive weeks of physical custody of the children in the summer. The parties shall give each other 30-days notice of said weeks along with a telephone number and location where the children may be reached. 10. The parties shall alternate the summer holidays of Memorial Day, July 0' and Labor Day. Father shall have Memorial Day, 2008 and the parties shall alternate these holidays thereafter. H. Father shall be entitled to reasonable telephone contact with the children which means every other day. Mother shall be responsible for returning Father's phone call to the children within 24 hours 12. The parties shall cooperate with family counseling for the children. and Father. This counseling is for Father and children and not just for Father. Counseling shall continue until the counselor indicates that it is no longer needed. 13. The parties shall communicate via email for custody issues and not through the children. 14. Transportation shall be shared such that the receiving party shall transport. 15. Neither parent shall do anything or say anything nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may pamper the free and natural development of the children's love and respect for the other parent. 16. The children shall sleep in their own separate bedrooms from Father's bedroom when at Father's house. 1 7. Neither party nor any caregiver may. use physical discipline on the children. Father is permitted to defend himself against the children if necessary. 18. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, f J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Pamela L. Purdy, Esquire, Counsel for Father rRM COPY FROM RECORu n Testimony whereof, I two unto set my harm incl ft i of sold Court it P& Afy ? Prohn ter r VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. a 115, a(I CERTIFICATE OF SERVICE The undersigned certifies that on this day of April, 2011, a true and correct copy of the foregoing Petition for Contempt of Custody Order was served by first-class mail, postage prepaid, upon the following: J. Paul Helvy, Esquire 100 Pine Street, PO Box 1166 Harrisburg, PA 17108 P ela L. Purdy TRACY A. PUCHALSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1586 CIVIL ACTION LAW rn Z' r- rri N THOMAS M. PUCHALSKY IN CUSTODY DEFENDANT • N) ORDER OF COURT AND NOW, Monday, May 02, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 27, 2011 _ at 10:30 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. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 p 32 South Bedford Street Carlisle, Pennsylvania 17013 N ? ? ? JA Telephone (717) 249-3166 L, 17 McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com x !A,`, jF NLA'ND COUNTY L1,'sYLVANIA Attorneys for Plaintiff TRACY A. PUCHALSKY, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS M. PUCHALSKY, Defendant DOCKET NO. 2008-1586 CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Thomas M. Puchalsky and Pamela L. Purdy, Esquire, his attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES WALLACE & NURICK LLC By Dated: May 4, 2011 McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com Attorneys for Plaintiff TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-1586 CIVIL ACTION - LAW IN DIVORCE ANSWER WITH COUNTERCLAIM TO PETITION FOR CONTEMPT AND NOW, comes Plaintiff, Tracy A. Puchalsky, by and through her attorneys, McNees Wallace & Nurick LLC, and answers Defendant's Petition for Contempt: 1.4. Admitted. 5. Admitted. By way of further answer, Paragraph 12 of this Order specifically stated that The parties shall cooperate with family counseling for the children and Father. This counseling is for Father and children and not just for Father. Counseling shall continue until the counselor indicates that it is no longer needed. In spite of the fact that this provision was included in the Order, Father attended only a few sessions and discontinued attending the sessions without receiving notice from the counselor that the counseling was no longer needed. 6. Denied as stated. It is denied that "Mother had barred Father from seeing the Children." Although it is admitted that there have been two separate time periods during which Father has not seen the children, it is specifically denied that Mother has ever "barred" Father from seeing the children. To the contrary, the children have absolutely refused to see their Father due to the fact that Father has been both emotionally and physically abusive to both the children. In an effort to respond to the most recent incident between Father and the children in which Father grabbed his son, Ed, pulled him into the hallway, shoved him against the wall, and then shoved him onto the floor, counsel for the parties discussed getting the parents into co-parenting counseling, and getting Father involved with Tracy Richards, a counselor who had previously assisted Father in his difficult relationship with his children. Father has failed to follow through on either of these efforts. 7. Denied as stated. It is specifically denied that Mother has denied Father his rights to periods of partial custody. As previously stated, the children have absolutely refused to visit with their Father as a result of the fact that on multiple occasions, he has been physically and emotionally abusive towards them and has refused to take any steps to address this issue. 8. Admitted. 9. Denied as stated. It is denied that Mother has "failed to have the children return Father's call." Unfortunately, the children have refused to call their Father who has been physically and emotionally abusive towards them. This situation has been -2- compounded by Father's refusal to get involved in co-parenting counseling or counseling with children. 10. Denied. It is denied that Mother is in contempt of the November 25, 2008 Order. It is not reasonable to expect her to physically compel the children to visit or speak with their Father who has been physically and emotionally abusive. 11. Admitted. 12. Admitted in part and denied in part. It is denied that Mother has indicated that she does not intend for Father to resume his periods of custody. To the contrary, Mother's counsel has indicated that resuming Father's periods of custody without addressing the underlying issue with Father being physically abusive towards the children would be counterproductive to Father's relationship with the children. It is admitted that Mother's counsel has advised counsel for Father that Mother would like Father to return to counseling with the children so that he could work on his relationship with the children in a therapeutic environment prior to Father resuming his regular periods of custody. By way of further answer, Father's counsel agreed that this made sense and further suggested that the parties agree to get involved in co-parenting counseling. For reasons known only to Father, Father has refused to get involved in counseling with the children to work on his relationship in a therapeutic environment. Father has also, as of the preparation of this Answer, refused to cooperate with the scheduling of co-parenting sessions. 13. Denied. It is specifically denied that Father has incurred needless counsel fees and costs. To the contrary, to the extent that Father has incurred counsel fees and -3- costs, it is due to the fact that he has been both emotionally and physically abusive towards the Children and has failed to take the necessary steps to address the inevitable negative impact that his behavior has had on his relationship with the children. WHEREFORE, Petitioner respectfully requests the Court to dismiss the Petition for Contempt. COUNTERCLAIM 14. Paragraphs 1-13 above are included herein as if fully set forth. 15. This Court's Order of November 25, 2008 contains the following provision regarding counseling: The parties shall cooperate with family counseling for the children and Father. This counseling is for Father and children and not just for Father. Counseling shall continue until the counselor indicates that it is no longer needed. 16. Although Father commenced counseling sessions with Tracy Richards, after a few sessions, Father discontinued the counseling sessions in spite of the fact that the counselor had not indicated that counseling was no longer needed. 17. The counseling had been required due to the fact that there were severe problems with Father's relationship with the children. One of the issues being addressed during Father's counseling with the children was the fact that Father is becoming increasingly physical with his son, Ed. 18. This Court's Order of November 25, 2008 also contains the following provision: Neither parent nor any caregiver may use physical discipline on the -4- children. Father is permitted to defend himself against the children if necessary. 19. Although it is currently unknown whether Father will characterize his physical abuse of the children as "discipline," this Court's Order made it clear that neither party is to use physical discipline on the children. It should also be noted that in 2008, Father, for reasons known only to him, insisted on including a provision in the Court Order allowing him to "defend" himself against the children who, at that point in time, were ages 11 and 7. Mother believes and therefore avers that Father's belief that he has the need to "defend himself"against his children is part of the problem with his relationship with his children. 20. Mother has incurred and will continue to incur attorneys' fees associated with the preparation and presentation of her Answer and Counterclaim in this matter. WHEREFORE, Mother respectfully requests this Honorable Court to enter an Order: A. Dismissing Father's Petition for Contempt; B. Requiring Father to attend counseling with the children with Tracy Richards and be responsible for 100% of the costs; C. Requiring Father to enter into co-parenting counseling with Mother so that they have the ability to work together and to require the costs associated with counseling to be spit in proportion to their incomes. D. Suspending Father's right to unsupervised visits with the children until such time as the children's counsel, who has been selected by -5- Father, Tracy Richards, states in writing that it is safe for Father to have unsupervised visits with the children. E. Requiring Father to pay Mother's reasonable attorneys' fees associated with the preparation and presentation of this Answer and Counterclaim. McNEES WALLACE & NURICK By J` P ul Helvy Attorney ID No. 4?148 Attorneys for Plaintiff, Tracy A. Puchalsky Dated: May 4, 2011 -6- VERIFICATION verify that the statements made in the foregoing document 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: Aq ((< CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by email and first-class mail upon the following: Pamela L. Purdy, Esquire 308 North 2nd Street, Suite 200 PO Box 11544 Harrisburg, PA 17108 Michelle Armour, Legal Secretary Dated: May 4, 2011 _ F1LED-0 F K0E C'F I I - PRO i HNO 1A R' 2011JW04_2 AM 10: E9 CUMBERLAND COUN ? PENNSYLVANIA Pamela L. Purdy, Esquire Attorney ID No. 85783 1820 Linglestown Road Harrisburg, PA 17110 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Attomey for Defendant TRACY A. PUCHALSKY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1586 CIVIL TERM THOMAS M. PUCHALSKY, IN CUSTODY Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COUNTERCLAIM TO PETITION FOR CONTEMPT AND NOW comes Defendant, Thomas M. Puchalsky, by and through his attorney, Pamela L. Purdy, Esquire, and answers Plaintiffs Counterclaim to Defendant's Petition for Contempt as follows: 1-14. Paragraphs 1-14 of Defendant's Petition for Contempt of Custody Order are incorporated herein as if fully set forth. 15. Admitted. 16. Denied. Father attended the counseling sessions with Tracy Richards as required. After eight (8) sessions, Mother stated in an email to Father that she did not believe children were benefitting from the sessions with Father. Therefore, because of Mother's comments, Father did not schedule any further sessions. 17. Denied. The counseling sessions were required because of the issues surrounding the separation of the parties and Mother's continued alienation of Father to the children. In addition, the parties' son has had continuing behavioral issues which his Mother has also acknowledged. 18. Admitted. 19. By way of further answer, the current Custody Order was an agreed upon Order to which both parties agreed to the provision with regard to discipline of the children. As stated in paragraph seventeen (17), the parties' son has had some serious behavioral issues including physically attacking his sister on numerous occasions. It is believed and therefore averred that the situation that Mother is referring to in her Counterclaim refers to a time in which the child was attacking the younger daughter and Father stepped in to prevent further abuse by the older child on the younger child. 20. Denied. It is specifically denied that Mother has incurred counsel fees and costs associated with the preparation and presentation of her Answer and Counterclaim in this matter. Mother continues to refuse to allow Father to exercise his periods of partial custody with the children. Had Mother complied with the Order, the parties would not be litigating in front of this Court again. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order holding Mother in Contempt of the current Custody Order, granting Father additional periods of partial custody to compensate him for the periods of custody that Mother has denied him, award him counsel fees and costs, and deny Mother's counterclaim to Father's Petition for Contempt of Custody. Respectfully submitted, P"I-Qf? Pamela L. Purdy Dated: T? Y 31 I m Attorney for Defendant r VERIFICATION I, Pamela L. Purdy, the attorney for Petitioner Thomas M. Puchalsky, have read the foregoing Answer to Plaintiffs Counterclaim to Petition for Contempt. I verify that the averments in this Petition are true and correct and based upon the information provided to me by Thomas M. Puchalsky, who is unavailable to sign this document at this time. I understand that I am to secure Thomas M. Puchalsky's signature through a separate Verification when she is available; I then will submit said Verification via Praecipe to Attach with the Prothonotary's office. I further understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Date Z. pv4z- Panlela L. Purdy, Esquire 0 CERTIFICATE OF SERVICE The undersigned certifies that on this 3 s day of May, 2011, a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Counterclaim to Petition for Contempt was served by first-class mail, postage prepaid, upon the following: J. Paul Helvy, Esquire 100 Pine Street, PO Box 1166 Harrisburg, PA 17108 Allison Gossett, Legal Assistant Yz TRACY A. PUCHALSKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1586 CIVIL ACTION - LAW.., `=', THOMAS M. PUCHALSKY % MW c ?? w e- Defendant : IN CUSTODY r `s Q ORDER OF COURT r= vn :Z ? ? ?c7 CD r•l AND NOW, this 15i k day of -9J h!, , 2011, upon ro 7-1 consideration of the attached Custody Conciliation Report , it is ordered and directed as follows: 1. A Hearing is scheduled in Cou Room No. o? , of the Cumberland County Court House, on the ? day of C?f<6(4,- , 2011, at ; Vc o'clock, 4_. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Order of Court of the Honorable M.L. Ebert, Jr. dated November 25, 2008 shall remain in full force and effect except as modified hereinafter. 3. The parents shall cooperate and attend co-parenting counseling with Casey Shienvold. The parents shall contact Mr. Shienvold within seven days of the date of the custody conciliation conference. The parties shall share equally all costs for co-parenting counseling, with the ultimate apportionment of the cost to be determined by further order of court. 4. The parents shall cooperate with therapeutic family counseling with Tracy Richards. Father shall be responsible for scheduling counseling within seven days of the date of the custody conciliation conference. The parties shall share equally all costs for therapeutic family counseling, with the ultimate apportionment to be determined by further order of court. Father shall pick up the children and transport them to family counseling. 5. Father shall have periods of partial physical custody of one child on alternating weekends, from Friday at 7:00 p.m. to Sunday at 6:00 p.m. Father's weekend with Acme shall begin Friday, June 10, 2011 and alternate thereafter. If during Father's weekend with Edward, Edward is scheduled to work, Father shall insure that the child will be transported to work. 6. Once baseball/softball season ends, Father shall have periods of partial physical custody of both children on Wednesdays from 5:30 p.m. to 8:45 p.m. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 611, cc: Pamela L. Purdy, Esquire, counsel for Father J. Paul Helvy, Esquire, Counsel for Mother CoP WaAfad qis-111 Da TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1586 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Edward T. Puchalsky April 1, 1997 Mother Anne M. Puchalsky September 3, 2001 Mother 2. A Conciliation Conference was held June 8, 2011 with the following individuals in attendance: The Father, Thomas M. Puchalsky, with his counsel, Pamela L. Purdy, Esquire, and the Mother, Tracy A. Puchalsky, with her counsel, J. Paul Helvy, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court dated November 25, 2008 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody on alternating weekends and every Wednesday evening. 4. Father's position on custody is as follows: Father believes Mother is in contempt of the prior Order of Court because he has not had physical custody of the children for several weekends. Father is seeking makeup time, counsel fees and costs. Mother denies the contempt claiming the children are fearful of Father because he allegedly physically abused the older child. Father acknowledges that he stepped between the two children when they were arguing. Father's response to Mother's allegation of contempt (because he stopped family counseling) is that Mother indicated that the counseling was not working. Father further asserts that Mother is alienating the children. The parties are in agreement of the entry of a temporary Order of Court pending a hearing, to include co-parenting counseling, resumption of family counseling and a modification of Father's current partial physical custody time. The parties do not agree as to how the payment for counseling should be apportioned. 5. Mother's position on custody is as follows: Mother denies Father's allegations of contempt asserting that Father physically abused the older child and since that time the children are fearful of Father. Mother believes Father is in contempt because he stopped family counseling. The parties are in agreement to the entry of a temporary Order of Court pending a hearing, to include co-parenting counseling, resumption of family counseling and a modification of Father's current partial physical custody time. The parties do not agree as to how the payment for counseling should be apportioned. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and the entry of a temporary Order. It is expected that the Hearing will require one-half day. Date Jacq line M. Verney, Esquire Custody Conciliator TRACY A. PUCHALSKY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS M. PUCHALSKY, is DEFENDANT NO. 08-1586 CIVIL ORDER OF COURTm AND NOW h' i4to `-{ C:-- L s ' day of August, 2011, due to a conflict with this CW schedule, a .? t+ IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for Thursday, October 6, 2011, is continued to Monday, October 17, 2011, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Pamela Purdy, Esquire Attorney for Plaintiff J. Paul Helvy, Esquire Attorney for Defendant ?i, ?X4 \'/ M. L. Ebert, Jr., J. B1MI 00 DlCB bas 0TH0?10TA.f 'II I OCT -6 PM 2: I t;. }UMBERLAND COUNTY PENNSYLVA TRACY A. PUCHALSKY,AfHE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2008-1586 CV THOMAS M. PUCHALSKY, CIVIL ACTION-LAW Defendant IN CUSTODY PRAECIPE FOR WITHDRAWAUENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Pamela L. Purdy, Esquire as counsel for Defendant, Thomas M. Puchalsky in the above-captioned matter. Date: 4" PA-meta L. Purdy, Esquire PA ID No. 85783 1820 Linglestown Road Harrisburg, PA 17110 (717) 221-8303 PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Thomas M. Puchalsky in the above-captioned matter. Date: / 0-- "-"/ - /_?,/ 0. CERTIFICATE OF SERVICE The undersigned certifies that on this L day of October, 2011, a true and correct copy of the foregoing Praecipe for Withdrawal/Entry of Appearance was served by first-class mail, postage prepaid, upon the following: J. Paul Helvy, Esquire 100 Pine Street, PO Box 1166 Harrisburg, PA 17108 a.u??9a?.??9 Allison Gossett, Legal Assistant TRACY A. PUCHALSKY, Plaintiff VS. THOMAS M. PUCHALSKY, Defendant - THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1586 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this lP-M day of 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 29, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevi A. Hess, P.J. cc: J. Paul Helvy Attorney for Plaintiff M(?1? OOP Pamela L. Purdy !0 f ! Ate Attorney for Defendant f?- 4tiI ?b I I OCT 6?/i'?-? MARITAL SETTLEMENT AGREEMENT F? THIS AGREEMENT made this Z 9 day of Sv-V b:- ?- , 2011 by and between THOMAS M. PUCHALSKY, 11 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and TRACY A. PUCHALSKY, now known as TRACY A. POTTEIGER, 455 Hoilowbrook Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 2, 1993 in Bermuda; WHEREAS, the parties separated on March 6, 2008; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Pamela L. Purdy, Esquire for Husband, and J. Paul Helvy, Esquire for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this -2- Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment that to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania to 08-1586. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the -3- Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for each party shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Wife who will promptly file a Praecipe to Transmit Record and Vital Statistics form for the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Personalty. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 5.2. Marital Home. The parties acknowledge that they are the joint owners of that certain house and lot and all improvements thereupon situated at 11 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania (the "Marital Home"). The parties agree as follows with respect to the Marital Home: -4- 5.2. 1. Transfer of the Marital Home. On the Execution Date of this Agreement, Husband and Wife shall deliver to counsel for Husband a deed in the same format as the deed initially transferring the property to Husband and Wife, conveying to Husband all of their right, title, claim and interest in and to the Marital Home. Wife shall be responsible for preparing said deed. 5.2.2. Escrowed Deed. The deed shall be held in escrow by Counsel for Husband as Escrowee until the date of settlement of Husband's refinancing of the Marital Home (the "Distribution Date"). After the deed is delivered to Husband, he shall be the sole owner of the Marital Home and shall be permitted to record the deed and take any other action with respect to the Marital Home that he, in his sole discretion, deems appropriate. 5.2.3. Homeowner's and Title Insurance Policies. As of the Distribution Date of this Agreement, any and all homeowner's policies, title policies and/or any other policy of insurance with respect to the Marital Home shall be endorsed to reflect Husband as the sole owner and Husband shall be entitled to receive any payments and/or escrows now or hereafter due under such insurance policies. Wife shall promptly comply with all reasonable requests of Husband to assist in Husband's updating the existing homeowner's insurance or obtaining title insurance. As of the Distribution Date of this Agreement, Husband shall be entitled to any claims under such policies and to any credit for any tax, insurance or other escrow being held by a third party relating to the Marital Home and Wife shall assign to Husband all of her interest in those claims and/or escrows. -5- 5.2.4. Responsibility for Expenses. Commencing on the Execution Date of this Agreement, Husband shall be solely responsible for all past, present and future liabilities and/or expenses associated with or attributable to maintaining the Marital Home, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil and telephone service, homeowner's insurance and maintenance, repairs and improvements. Husband shall keep Wife exonerated and indemnified against and held harmless from any and all liabilities and/or expenses, including reasonable counsel fees, which arise from the parties' ownership interest in the Marital Home. 5.2.5. Responsibility for Mortgage. There presently is outstanding against the Marital Home a mortgage in favor of PNC Bank. The parties agree that Husband shall be solely responsible for the timely payment of all principal, interest and other amounts due under the mortgage. 5.2.6. Release of Mortgage Liability. Husband hereby agrees that within thirty (30) days of the Execution Date of this Agreement, he will cause the release of Wife from any liability or obligation on the mortgage note presently existing with respect to said premises and upon which both parties hereto are liable. 5.2.7. Consideration for Transfer of Real Estate. In consideration for the conveyance set forth in Paragraph 5.2.1 of this Agreement, Husband shall pay to Wife the sum of Sixty Six Thousand Five Hundred Dollars ($66,500.00), the said sum to be paid by Husband within thirty (30) days from the execution date of this Agreement. -6- 5.3. SUTLIFF CHEVROLET CO. RETIREMENT SAVINGS PLAN. The parties acknowledge that Husband has a 401(k) account through his employer, Sutliff Chevrolet Co. The parties agree that One Hundred Thirty-Nine Thousand Five Hundred Dollars ($139,500.00) from Husband's Sutliff Chevrolet Co. Retirement Savings Plan account shall be transferred to Wife. The parties agree that the transfer to Wife shall be effectuated in a manner which shall not cause the funds to lose their tax-free status, and that the transfer shall be made pursuant to a Qualified Domestic Relations Order (as that term is defined by the Internal Revenue Code and ERISA, hereinafter "QDRO"), the form of the order to be set forth in a stipulation which shall be signed by both parties subject to the prior approval of their respective counsel. If Husband's Sutliff Chevrolet Co. Retirement Savings Plan contains less than One Hundred Thirty-Nine Thousand Five Hundred Dollars ($139,500.00), Husband shall pay the difference to Wife in cash within thirty (30) days from the entry of the QDRO as a court order. 5.4. WAIVER OF RETIRMENT BENEFITS. Except as set forth in Paragraph 5.3 above, Husband and Wife hereby specifically release and waive any and all interest, claim or right that he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party, including but not limited to Husband's Sutliff Chevrolet Co. Retirement Savings Plan account and Wife's Walnut Street Securities account. The parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this Paragraph. -7- 5.5. Motor Vehicles. With respect to the motor vehicles owned by one or both of the parties, they agree as follows: 5.5.1. The 2003 Chevrolet Trailblazer shall hereafter be the sole and exclusive property of Wife, subject to any and all liens and/or encumbrances thereon. 5.5.2. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax- free basis, if possible. 5.6. BANK ACCOUNTS. The parties hereby agree that each has bank accounts held in his or her separate name, and all of the funds contained in said accounts shall hereafter be the sole and exclusive property of the party in which the account is named, and the other party hereby waives any right to the funds held therein. 5.7. CREDIT CARD DEBT. The parties acknowledge that are debtors on various lines of credit held separately in each party's name. Each party agrees to be responsible solely for the credit card debt held in his or her name, and will indemnify and hold harmless the other party from any and all liability stemming from his or her separate credit card debt. 5.8. SEPARATE ASSETS. 5.8.1. Release. The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and -8- forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. 5.8.2. Limitation to Assets Disclosed. The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim which he or she may have in assets which have not been disclosed. 5.8.3. Definition. The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) that is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset that is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. 5.8.4. Indemnification as to Expenses. Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 5.9. CONSIDERATION OF EQUITABLE DISTRIBUTION IN FUTURE HEARINGS. The parties specifically acknowledge their intent that all transfers of property, including any increase in value of these assets, shall be excluded from income and shall not be given any consideration whatsoever in any proceeding involving the -9- payment of child support, spousal support, alimony pendente lite, maintenance or alimony. The parties acknowledge that the distributions under this paragraph are for equitable distribution of assets and that utilizing these assets or any increase in value of these assets in any manner in the calculation of income is inappropriate. 5.10. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 5.11. PROPERTY OF WIFE. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.12. PROPERTY OF HUSBAND. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that -10- property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.13. ASSUMPTION OF ENCUMBRANCES. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all of the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.14. TAXES. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, 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 a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect -11- the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 5.15. LIABILITY NOT LISTED. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.16. INDEMNIFICATION OF WIFE. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.17. INDEMNIFICATION OF HUSBAND. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well- founded, and indemnify him and his property against any damages or loss resulting -12- therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.18. WARRANTY AS TO FUTURE OBLIGATIONS. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts that provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.19. RELEASE OF CLAIMS. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release -13- and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement nor any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 5.20. RELEASE OF SUPPORT AND ALIMONY: ACKNOWLEDGMENT OF ADEQUACY. The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may -14- have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 6. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 7. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 8. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 9. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. -15- 10. NOTICE. Any notice to be given under this Agreement by either party. to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Tracy A. Potteiger 455 Hollowbrook Drive Carlisle, PA 17013 and to Husband, if made or addressed to the following: Thomas M. Puchalsky 11 Appalachian Drive Carlisle, PA 17013 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this Paragraph. 11. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 12. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt to reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 13. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on -16- which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 14. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 15. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 16. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 17. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to -17- effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 18. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the -18- WI I Wbb V Sep. 28. 2011 4: 38PM Law Office COMMONWEALTH OF PENNSYLVANIA COUNTY OF CWM 6Ge L No. 3365 P. 21 BEFORE ME, the undersigned authority, on this day personally appeared TRACY A. POTTEIGER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE Ws 21 day of "- ?6ET2. 2011. NOTARIAL SEAL KATHLEEN G PILLION Notary Public LEMOYNE BOROUGH. CUMBERLAND COUNTY My Commission Expires dun 4.2014 Q.,te,J Jotary Public -19- COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared THOMAS M. PUCHALSKY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZC?day of 2011. 72 z P.md. 4 Pu*, *wv Pd* W eyrie 19.2014 -20- TRACY A. PUCHALSKY, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA9A' v. DOCKET NO. 2008-1586 mco =M o ? -n r - :7j THOMAS M. PUCHALSKY, CIVIL ACTION - LAW - C?! Defendant IN DIVORCE `- t AFFIDAVIT OF CONSENT = : '"' -' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was! filed on March 10, 2008. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Tracy P oh sky?n/k/a Tracy Potteiger Date: 9/--3d/// {A931505:1 } TRACY A. PUCHALSKY, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2008-1586 THOMAS M. PUCHALSKY, CIVIL ACTION - LAW r-D Defendant IN DIVORCE ? p WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF r 1. 1 consent to the entry of a final decree in divorce without notice. 5; `' 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a 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. Section 4904 relating to unsworn falsification to authorities. _ r-<? Tracy u Date: 91-461 tl Tracy Potteiger rT" r (A931507:11 Pamela L. Purdy, Esquire Attorney I.D. No. 85783 1820 Linglestown Road Harrisburg, PA 17110 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Counsel for Defendant TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant C? _ r T11 I .? T < L...+ T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1586 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 10, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: Y- Z 1- l/ -2- Pamela L. Purdy, Esquire Attorney I.D. No. 85783 1820 Linglestown Road Harrisburg, PA 17110 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Counsel for Defendant TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant - rrn CD C-) cn- r-, rn, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1586 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4-3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a 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 to authorities. Dated: ? - )- 4,/? -2- FILED-CFFI ; - " ;= I? ?nTH0ig0T:? McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com TRACY A. PUCHALSKY, Plaintiff V. THOMAS M. PUCHALSKY, Defendant DOCKET NO. 2008-1586 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: first-class U.S. Mail upon counsel for Defendant with an Acceptance of Service form, which was signed and dated on March 31, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: September 30, 2011; by Defendant: September 29, 2011. Both Affidavits are being filed contemporaneously with this Praecipe. I I OCT I I PM 2:41` =liMBERLAND Cu W4 i PENNSYL4'AH1,? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. McNEES WALLACE & NURICK LLC By ul Helvy ,,-Attorney ID 148 Attorneys for Plaintiff Dated: October 3, 2011 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Pamela L. Purdy, Esquire 1820 Linglestown Road Harrisburg, PA 17110 Mlfhelle Armour, Legal Secretary Dated: October 7, 2011 TRACY POTTEIGER f/k/a : IN THE COURT OF COMMON PLEAS OF . , TRACY PUCHALSKY, : CUMBERLAND COUNTY, PENNS .V IIA...-. Plaintiff rrtrn v. : NO. 08-1586 CIVIL yr s THOMAS PUCHALSKY, { g. Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Plaintiff, Tracy A. Potteiger, formerly known as Tracy Puchalsky. Respe, fully submitted, A I Nic ole A. Collins SCARINGI& SCARINGI,P.C. Attorney ID#307141 14 S. 2nd Street Newport, PA 17074 (717) 567-0380 (717) 567-0379 (fax) Nichole(ascaringilaw.com TRACY POTTEIGER f/Wa : IN THE COURT OF COMMON PLEAS OF TRACY PUCHALSKY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 08-1586 CIVIL THOMAS PUCHALSKY, • Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Shari R. Copenhaver, Paralegal, do hereby certify that on this date I served a true and correct copy of the foregoing document via United States Postal Service, First-Class Mail, Postage Prepaid, upon the following individual(s): Tracy A. Potteiger 455 Hollowbrook Drive Carlisle, PA 17013 Thomas M. Puchalsky, Defendant Pro Se 11 Appalachian Drive Carlisle, PA 17015 • 117114 ' I. � Date Shari R. Copenhaver, Par. egal TRACY POTTEIGER (f/k/a Tracy Puchalsky), Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action - Law : No. 2008-1586 Civil Term THOMAS PUCHALSKY, Defendant : IN CUSTODY : Prior Judge: The Honorable M.L. Ebert, . PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Nichole A. Collins, Esquire, and Scaringi & Scaringi, P.C., as attorneys in the above-captioned action for the Plaintiff, Tracy Potteiger, at her request. ectfully submitted, Date: Nio1e A. Collins Attorney ID #307141 Scaringi & Scaringi, P.C. 14 South Second Street Newport, PA 17074 (717) 567-0380 (717) 567-0379 fax PRAECIPE TO EN MR APPEARANCE Please enter the appearance of Plaintiff, Tracy Potteiger, Pro Se, in the above matter. Date: 2/2-811 Respectful bmitted, ,g6A11111111b■ r. ger, Plaint 455(Hollowbrook Drive Carlisle, PA 17013 717-241-6060 tapotteigerahotmail.com C-rt TRACY POTTEIGER : IN THE COURT OF COMMON PLEAS OF (f/k/a Tracy Puchalsky), : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • : Civil Action - Law v. : No. 2008-1586 Civil Term THOMAS PUCHALSKY, Defendant : IN CUSTODY : Prior Judge: The Honorable M.L. Ebert, Jr. CERTIFICATE OF SERVICE I, Shari R. Copenhaver, Paralegal, do hereby certify that on this date I served a true and correct copy of the foregoing document via United States Postal Service, First-Class Mail, Postage Prepaid, upon the following individual(s): Tracy A. Potteiger 455 Hollowbrook Drive Carlisle, PA 17013 Thomas M. Puchalsky 11 Appalachian Drive Carlisle, PA 17015 Shari R. Copenhaver, Par egal 211A ALIS _5 fti 1( 4o CU1sIBETRACY POTTEIGER ��ti tfV,f i# tatOTART OF COMMON PLEAS (f/k/a Tracy Puchalsky) BLi .AND COUNTY, PENNSYLVANIA PLAINTIFF vs. No. 2008 -1586 Civil Term THOMAS PUCHALSKY IN CUSTODY DEFENDANT STIPULATION FOR AGREED ORDER OF CUSTODY AND NOW, THIS x q day of July, 2014, Thomas Puchalsky (Father) and Tracy Potteiger (Mother), an agreement having been reached with regard to the partie's minor children, Edward T. Puchalsky (DOB 4/1/97) and Anne M. Puchalsky (DOB 9/3/01) which is acceptable to all parties, the terms of which are set forth below, NOW, THEREFORE, it is hereby ORDERED and DECREED as follows: 1. Father shall have sole legal custody of the children. 2. Father shall have sole physical custody of Edward. 3. Father shall have primary physical custody of Anne. 4. Mother shall have partial physical custody of Anne as follows: a) from 9:00 a.m. on December 26th until 8:00 p.m. on the last day of Christmas Break; and b) for 30 days in the summer. Mother shall let Father know which weeks she intends to exercise her periods of partial custody by March 31St of each year.. 5. Each party shall be entitled to reasonable telephone or e-mail contact with the children when they are in the custody of the other party. The parties shall provide to one another an emergency contact telephone number, e-mail address or contact person. ' 6. No party shall relocate the children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit A attached to this order. 7. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interests of the children. racy %' otteiger J. DISTRIBUTION: Pamela L. Purdy, Esquire, 1820 Linglestown Road, Harrisburg, PA. 17110 Tracy Potteiger, 455 Hollowbrook Drive, Carlisle, PA 17013spond EXHIBIT A REQUIREMENTS REGARDING RELOCATION OF RESIDENCE A relocation is a move or change of residence that will significantly impair the ability of the non -relocating party to easily exercise periods of custody. You cannot relocate with the child(ren) without following these procedures. If you are contemplating such a move, you are strongly urged to seek the advice of an attorney to make sure that you are following the procedures. - You are not permitted to relocate your residence without either: • The consent of every individual who has custody rights to the child(ren) to the proposed relocation OR • The court approves the proposed relocation. NOTICE 1. The party proposing the relocation must notify every other party who has custody rights to the child(ren) of the proposed move by certified mail, return receipt requested. You should complete the attached "Notice of Proposed Relocation to Be Completed by Party Intending To Relocate" and send the notice to all other parties by certified mail, return receipt requested. 2. Notice must be given 60 days before the date of the proposed relocation OR 10 days after the date that the party knows about the relocation only if the individual did not know and could not have reasonably known about the relocation in time to comply with the 60 days notice or it is not reasonably possible to delay the date of relocation to comply with the 60 day notice. 3. You must include with this mailing the attached "Counter -Affidavit Regarding Relocation". The other parties must complete this form to indicate their position with regard to the proposed move. WHAT DO(ES) THE OTHER PARTY(IES) DO WHEN THEY RECEIVE THE NOTICE AND COUNTER -AFFIDAVIT? 1. If you receive a notice and a counter -affidavit, you must complete the counter- affidavit and file with the Prothonotary's Office this completed counter -affidavit within 30 days from the day you receive the notice and counter -affidavit. If you fail to file this counter -affidavit within the 30 days, you will be foreclosed from objecting to the relocation. 2. If the counter -affidavit is timely filed and the party objects to the proposed relocation or objects to the proposed modification of the custody order, a hearing will be held. 3. You must serve the other party with the Counter -Affidavit by certified mail, return receipt requested. 4. If notice of the proposed relocation has been properly given and no objection to the proposed relocation has been filed with the Prothontoary, then it will be presumed that the nonrelocating party has consented to the proposed relocation. 5. If a party who has been given proper notice does not file with the court an objection to the relocation within 30 days after receipt of the notice but later petitions the court for review of the custodial arrangements, the court shall not accept testimony challenging the relocation. WHAT DO I DO IF NO OBJECTION TO THE PROPOSED RELOCATION IS FILED? The party proposing relocation shall file the following with the Prothonotary prior to relocation: 1. An affidavit stating that the party provided notice to every individual entitled to notice, the time to file an objection to the proposed relocation has passed and no individual entitled to receive notice has filed an objection to the proposed relocation. 2. Proof that proper notice was given in the form of a return receipt with the signature of the addressee and a copy of the full notice that was sent to the addressee. 3. A petition to confirm the relocation and modify any existing custody order, and 4. A proposed order containing the information in the notice. WHAT DO I DO IF A COUNTER -AFFIDAVIT IF FILED WITH THE PROTHONOTARY THAT INDICATES THERE IS NO OBJECTION TO THE PROPOSED RELOCATION AND NO OBJECTION TO THE MODIFICATION OF THE CUSTODY ORDER CONSISTENT WITH THE PROPOSAL FOR A REVISED CUSTODY SCHEDULE? • The court may modify the existing custody order by approving the proposal for a revised custody schedule submitted with the Notice. You should submit a proposed order with distribution and attach a copy of the notice and the courter-affidavit. WHAT DO I DO IF A COUNTER -AFFIDAVIT IS FILED WITH THE PROTHONOTARY WHICH INDICATES THAT THE NONRELOCATING PARTY OBJECTS EITHER TO THE PROPOSED RELOCATION OR TO THE MODIFICATION OF THE CUSTODY ORDER? You should file a motion for a hearing with the Prothonotary's Office. The matter will be assigned to a judge for the scheduling of a hearing and disposition. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. : CIVIL ACTION : IN CUSTODY NOTICE OF PROPOSED RELOCATION TO BE COMPLETED BY PARTY INTENDING TO RELOCATE parent of Defendant intend to move on and answer the following questions as follows. 1. What is the address of the intended new residence? 2. What is the mailing address of the intended new residence? 3. What are the name(s) and age(s) of all individual(s) who will be living at this new residence? 4. What is the home telephone number of the intended new residence? 5. What is the name of the new school and the new school district? 6. What is the date of the proposed relocation? 7. What are the reasons for the proposed relocation? 8. How do you proposed to change the custody schedule that is currently in effect? 9. Is there any other information that is relevant to the proposed relocation? 10. I have included a counter -affidavit that you can use to object to the proposed relocation. WARNING TO NON -RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST FILE THIS COUNTER -AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. verify that the statements made in this counter -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 Signature Print Name Address Telephone Number : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Defendant v. : NO. CIVIL ACTION : IN CUSTODY COUNTER -AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. I, , file this counter -affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on 1. What are the names and ages of the child(ren) affected by the proposed relocation? 2. Where do this/these child(ren) currently reside? Check one of the following boxes: ❑ I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. ❑ I do not object to the relocation, but I do object to modification of the custody order and I request that a hearing be scheduled. I request that a hearing be scheduled ❑ a. Prior to allowing the child(ren) to relocate. ❑ b. After the child(ren) relocate. ❑ I do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matters prior to the relocation taking place. I understand that I must file this counter -affidavit with the Prothonotary's Office and that I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter -affidavit and mail a copy to the other party within thirty (30) days of receipt of the proposed relocation notice, I shall be prevented from objecting to the relocation. I verify that the statements made in this counter -affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date Signature Print Name Address Telephone Number TRACY POTTEIGER IN THE COURT OF COMMON PLEAS (f/k/a Tracy Puchalsky) CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF vs. No. 2008 -1586 CMI Term THOMAS PUCHALSKY IN CUSTODY DEFENDANT CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Tracy Potteiger f/k/a Tracy Puchalsky, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime ❑ 18 Pa.C.S. Ch. 25 (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 (relating to terroristic threats) Self Other Date of Sentence household conviction, member guilty plea, no contest plea or c., pending cr. charges rgico ▪ :a - CD r- 2 C-) 3� LI n El E n F 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 O El O El E 0 n 0 E E (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ - - 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ El (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 (relating to sexual exploitation of children) ❑ 18 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale,. ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check all Self Other Date household that apply ❑ A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where?: ❑ Other: member ❑ ❑ ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you areaware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. TracfPotteige TRACY POTTEIGER IN THE COURT OF COMMON PLEAS (f/k/a Tracy Puchalsky) CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF vs. No. 2008 -1586 Civil Term THOMAS PUCHALSKY IN CUSTODY DEFENDANT CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Thomas Puchalsky, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all household conviction, that member guilty plea, apply no contest plea or pending r-, ,.,:, charges SFT C 1...,1 ter- 1 w ri TI 18 Pa.C.S. Ch. 25 ❑ fI rte...- u' Pte, (relating to criminalMw? homicide) = �u7, El 18 Pa.C.S. §2702 El El`.- (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) Ell o ri 0 0 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) O 0 0 O 0 0 r 111 0 0 O ri n n 18 Pa.C.S. §4304 (relating to endangering welfare of children) IT 18 Pa.C.S. §4305 (relating to dealing in infant children) fl 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) fl 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) [1 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) fl 18 Pa.C.S. §6320 (relating to sexual exploitation of children) fl 18 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 0LI LI 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check Self Other Date all household that member apply ❑ A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where?: ❑ Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE The undersigned certifies that on this 4th day of August, 2014, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Tracy Potteiger 455 Hollowbrook Drive Carlisle, PA 17013 Heather J. , Paralegal Law Office o amela L. Purdy, LLC TRACY POTTEIGER (f/k/a Tracy Puchalsky) PLAINTIFF vs. THOMAS PUCHALSKY DEFENDANT FILED OF THE Pi Z414 AUC -5. CUN3ERI r. PENN !!1-%1 U hi 0 h '144$ Ail 40 €00 1:1RT OF COMMON PLEAS UMegikAND COUNTY, PENNSYLVANIA No. 2008 -1586 Civil Term IN CUSTODY GD '^v (7.7) C. ) STIPULATION FOR AGREED ORDER OF CUSTODY AND NOW, THIS 2 9 day of July, 2014, Thomas Puchalsky (Father) and Tracy Potteiger (Mother), an agreement having been reached with regard to the partie's minor children, Edward T. Puchalsky (DOB 4/1/97) and Anne M. Puchalsky (DOB 9/3/01) which is acceptable to all parties, the terms of which are set forth below, NOW, THEREFORE, it is hereby ORDERED and DECREED as follows: 1. Father shall have sole legal custody of the children. 2. Father shall have sole physical custody of Edward. 3. Father shall have primary physical custody of Anne. 4. Mother shall have partial physical custody of Anne as follows: a) from 9:00 a.m. on December 26th until 8:00 p.m. on the last day of Christmas Break; and b) for 30 days in the summer. Mother shall let Father know which weeks she intends to exercise her periods of partial custody by March 31st of each year.. 5. Each party shall be entitled to reasonable telephone or e-mail contact with the children when they are in the custody of the other party. The parties shall provide to crt -4c) C3 fl one another an emergency contact telephone number, e-mail addressor contact person. ' 6. No party shall relocate the children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit A attached to this order. 7. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interests of the children. racy %' otteiger 8 k DTRIBUTION: Damela L. Purdy, Esquire, 1820 Linglestown Road, Harrisburg, PA 17110 Tracy Potteiger, 455 H Ilowbrook Drive, Carlisle, PA 17013spond Co.Dies Oa 1.1 g 7/,y