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08-6960
?6 '. RECEIVED OFFICE 01' PROTHONOTARY 1008 OCT 29 AM 11= 33 DAUPHIN CUUi PENNA Heidi (Tillman) Pope, Petitioner Vs. James D. Tillman, III, Respondent uj%A J4. ORDER And now this aQ / day of OCtU?itiK?, 2008, it is hereby ordered and Directed that the Dauphin County Prothonotary shall transfer this matter•to Cumberland County. NOV 0 6 2008 1 hereby ON* that the foreg N Is a true and crraot copy of the original filed. c'4 AJwwA! omthonbtary (?t11 ?is5l,114 eY - .s? 1V ckrgs6p?f' Nt'qfs- f?J ?`?1r (d RbL"113d)? - Pv OMUNAI, OC ES IN THE COURT OF COMMON PLEAS OF DAUPHIN OF PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 1428-CV-2002-DC BY THE COURT: (1a.mp N;i(, PA 1761/ Q , ,q&,kt f 9t, `Ioork- rwo N,jX d320 , 14aro-libc'+rr?, P14 171/0 _.RECEIVED t?- r Or ' OFF IMAGED PROTHONOTAK 2008 OCT 29 AM 11= 33 Heidi (Tillman) Pope, Petitioner Vs. James D. Tillman, III, Respondent oMGMIAL 00 20 8 i? w tyi o? ' 1, L, 4.i s s PEN9'IA og- ? y? v IN THE COURT OF COMMON PLEAS OF DAUPHIN OF PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 1428-CV-2002-DC ORDER And now this 99 day of OC-T-064- v , 2008, it is hereby Ordered and Directed that the Dauphin County Prothonotary shall transfer this matter to Cumberland County. 0'i'ii -rte BY THE COURT: J. J,s+r•bOE;01 - ?? N. 3?''`? J->•. c?/?1? N;??, as X76// MwrLj ??ss?n? rr to A4 /7//G C1 pra'l cI iLVbir?S??? ? ' r IMAGED, G 3>C S ?? Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 -fax Heidi (Tillman) Pope, Petitioner VS. James D. Tillman, III, Respondent IN THE COURT OF COMMON PLEAS OF DAUPHIN OF PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 1428-CV-2002-DC MOTION TO TRANSFER 1. Petitioner is Heidi Pope. 2. Respondent is James D. Tillman, III. 3. The Honorable Judge Bruce F. Bratton has presided over this matter in the past. 4. A Custody Complaint was filed in 2002 to the above docket number by movant herein. 5. The most recent Order in this matter was entered May 30, 2007. 6. Since the filing of this action, both parties have moved to Cumberland County. 7. Since 2002, the minor children of the parties have been enrolled in school in Cumberland County. 8. Most of the parties' and the children's significant contacts are located in Cumberland County and it is expected that most of the witnesses would be from Cumberland County as well. 9. Respondent's counsel filed Objections to Venue in this matter on or about October 17, 2008. 10. Both parties and their counsel agree that this matter should be transferred to Cumberland County. Wherefore, Petitioner/Plaintiff/Mother respectfully requests that this matter be transferred to Cumberland County. Respectfully Submitted: DISSINGER AND DISSINGER ------------- Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court I.D. #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Heidi Pope, 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. He`idt Pope,' j'etA/tioner .r . I : _ Heidi (Tillman) Pope, IN THE COURT OF COMMON PLEAS Petitioner OF DAUPHIN OF PENNSYLVANIA VS. CIVIL ACTION - CUSTODY James D. Tillman, III, Respondent NO. 1428-CV-2002-DC CERTIFICATE OF SERVICE I, Annette M. Walmer, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, and Robin Marzella, Esq., attorney of record, by First Class United States mail addressed as follows: Chris Menges, Esquire 145 East Market Street York, PA 17401 Gerald Robinson, Esq. PO Box 5320 Harrisburg, PA 17110 Date: Annette M. Walmer Legal Secretary Date: 10/31/2008 Dauphin County User: LGARCIA Time: 01:39 PM Complete Case History Page 1 of 6 Case: 2002-CV-01428-DC Heidi L Tillman vs. James D Tillman III Filed: 3/28/2002 Subtype: Divorce with Custody Physical File: Y Appealed: N Comment: Status History Decree Granted 12/5/2002 Closed 12/5/2002 Reopened 5/1412007 Disposed 5/30/2007 Reopened 10/1/2008 Transferred 10/31/2008 Judge History Date Judge Reason for Removal 3/28/2002 No Judge, Current Payments Receipt Date Type Amount Dissinger & Dissinger 14740 6/25/2002 Civil Filing 23.75 Dissinger & Dissisnger 9025 3/28/2002 Civil Filing 420.00 Koenigsberg, Karen L (attorney 1 173098 10/1/2008 Civil Filing 110.00 Total 553.75 Plaintiff Name: Tillman, Heidi L SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Koenigsberg, Karen L Send Notices Dissinger, Mary A Etter (Primary attorney) Send Notices Defendant Name: Tillman, James D III SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Menges, N Christopher (Primary attorney) Send Notices Date: 10/31/2008 Dauphin County User: LGARCIA Time: 01:39 PM Complete Case History Page 2 of 6 Case: 2002-CV-0 1428-DC Heidi L Tillman vs. James D Tillman III Hearings From To Judge Type 11 /13/200810:00 AN 11 /13/2008 04:30 PN Robinson, Gerald S. Conference 4th flr. Dauphin Co. Courthouse. See ORDER OF COURT, filed. Copies to Conci for Dist. 10/03/08 Register of Actions 3/28/2002 New Civil Case Filed This Date. No Judge, Filing: Divorce - 4 Additional Counts Paid No Judge, by: Dissinger & Dissisnger Receipt number: 0009025 Dated: 3/28/2002 Amount: $315.00 (Check) Filing: AOPC CUSTODY FEE Paid by: No Judge, Dissinger & Dissisnger Receipt number: 0009025 Dated: 312812002 Amount: $5.00 (Check) Filing: Custody Fee Paid by: Dissinger & No Judge, Dissisnger Receipt number: 0009025 Dated: 3/28/2002 Amount: $100.00 (Check) Consolidated Complaint in Divorce, filed No Judge, 4/1/2002 Petition to Amend Caption, filed No Judge, C&E in file Affidavit of mailing of plaintiff's complaint No Judge, in divorce, filed 4/4/2002 A rule is here by issued upon defendant to Hoover, Todd A. show cause why plaintiff's Petition to Amend Caption should not be granted. RULE RETURNABLE 5 DAYS FROM SERVICE. See RULE TO SHOW CAUSE filed. 4/15/2002 Upon consideration of the attached No Judge, Complaint it is hereby directed that the parties and their respective counsel appear before Gerald S. Robinson, the Conciliator, on the 13th day of May, 2002, at 11:00 AM, in the Lawyers Lounge, 4th FLoor, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania, for a Pre-Hearing Custody Conference. See Order of Court, filed. /s/ Gerald S. 5/16/2002 Motion to make rule to show cause - No Judge, absolute, filed C&E in file Date: 10/31/2008 Dauphin County User: LGARCIA Time: 01:39 PM Complete Case History Page 4 of 6 Case: 2002-CV-01428-DC Heidi L Tillman vs. James D Tillman III Register of Actions 11/12/2002 ...it is hereby ORDERED and DECREED that the attached Stipulation for Custody date 10-24, 2002 is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. Filed, 11-12-02 12/4/2002 Petition to revoke appointment of master, filed 12/5/2002 And now upon presentation and consideration of the within Petition of counsel for Plaintiff and Defendant in the above captioned matter and joined in by the Divorce Master,William Nast,Esquire, it is hereby ordered that the Appointment of the Divorce Master be revoked and the file be returned to the Office of the Prothonotary of Dauphin County,PA. Decree in Divorce has been granted. See Decree,filed Notice Mailed. /s/ 5/2/2003 Stipulation for the Entry of "Domestic Relations Order", filed C&E in file 5/5/2003 Qualified Domestic Relations Order APPROVED BY THE COURT.Copies mailed. 4/22/2004 Amended Custody Stipulation, filed 5/14/2007 Amended Custody Stipulation, filed. 5/17/2007 The Stipulation for custody filed in this matter will not be entertained since the stipulation contains a provision regarding child support. Dauphin County Local Rule 1915.7 (b)(5) states that agreements shall not contain any provisions relating to child support. Furthermore, Dauphin County Local Rule 205.2(a)(3) was not allowed. Dauphin County Local Rule 205.2(a)(3) also requires that all civil motions, petitions, administrative applications and answers or responses be accompanied by a proposed order or alternative orders. Local Rule 205.2(a)(3) also requires the proposed order(s) to contain a distribution legend which includes the name(s) and mailing address(es), telephone number(s) and e-mail address(es), if any, of all attorneys and/or pro se parties to be served. The Dauphin County Local Rules are found on the county website at www.dauphincounty.org at court information. If an attorney would like to be added to the civil e-mail list serve to receive notification of rule changes, please contact the Dauphin County Court Administrator's Office ar (717) 780-6630. See Order, filed. Copies dist. 5/17/07 ct. admin Hoover, Todd A. No Judge, Cherry, John F. Cherry, John F. No Judge, Cherry, John F. No Judge, No Judge, Bratton, Bruce F. Date: 10/31/2008 Dauphin County Time: 01:39 PM Complete Case History Page 5 of 6 Case: 2002-CV-01428-DC Heidi L Tillman vs. James D Tillman III Register of Actions 5/23/2007 Amended Custody Stipulation, filed. No Judge, 5/30/2007 In consideration of the attached Stipulation Bratton, Bruce F. and Agreement of the above captioned parties, with the advice of their counsel, and upon motion of Robin J. Marzella, Esquire, attorney for James D. Tillman, III, it is hereby ORDERED that said Stipulation and Agreement for Custody shall be adopted and made an Order of Court. See Order, filed. Copies dist. 5/30/07 Ct. 10/1/2008 Filing: Custody Fee Paid by: No Judge, Koenigsberg, Karen L (attorney for Tillman, Heidi L) Receipt number: 0173098 Dated: 10/1/2008 Amount: $110.00 (Check) For: Tillman, Heidi L Petition to Modify Custody, filed. No Judge, Plaintiff: Tillman, Heidi L Attorney of No Judge, Record: Mary A Etter Dissinger 10/3/2008 Hearing scheduled for (Conference Robinson, Gerald S. 11/13/2008 10:00 AM) 4th fir. Dauphin Co. Courthouse. See ORDER OF COURT, filed. Copies to Crt Admini for 10/16/2008 Menges, McLaughlin $ Kalasnik, PC, by No Judge, N. Christopher Menges, Esquire enters appearance on behalf of defendant, James D. Tillman, III. See Praecipe, filed. Defendant: Tillman, James D III Attorney No Judge, of Record: N Christopher Menges 10/21/2008 Defendant's Preliminary Objections, filed. No Judge, 10/23/2008 Defendant's Preliminary Objections are No Judge, hereby WITHDRAWN. See PRAECIPE, filed. 10/24/2008 Motion to Transfer, filed. No Judge, 10/29/2008 It is hereby Ordered and Directed that the Evans, Scott A. Dauphin County Prothonotary shall transfer this matter to Cumberland County. See ORDER filed. Copies dist by Crt Admin on 10/29/08. 10/31/2008 The above action transferred to the Court No Judge, of Common Pleas of Cumberland County. ****NO MORE ENTRIES CASE No Judge, TRANSFERRED"" TO THE COURT OF COMMONE PLEAS OF CUMBERLAND COUNTY User: LGARCIA Date: 10/31/2008 Dauphin County Time: 01:39 PM Complete Case History Page 6 of 6 Case: 2002-CV-01428-DC Heidi L Tillman vs. James D Tillman III Judgment Order date In Favor Of 12/0512002 Plaintiff Comment: Disposition Judgment 12/05/2002 Decree Granted Decree Plaintiff: Tillman, Heidi L Defendant: Tillman, James D III O 1 61 LUub I hereby certify that the for o 9188 *Ye an correct copy oft on anal filed. Pro honotary/Cle o User: LGARCIA -6v /? p C I 1 HEIDI L. TILLMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. :NO. 1428 CV 2002-DC JAMES D. TILLMAN, JR., Defendant : RULE TO SHOW CAUSE AND NOW, this day of April, 2002, a rule is hereby issued upon defendant to show cause why plaintiff's Petition to Amend Caption should not be granted. RULE RETURNABLE 6 DAYS FROM SERVICE. a4??wllntl? N N --, _ -71 L) (7) O y T -??rn -? ° o rn w -73 ? cn IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. JAMES D. TILLMAN, JR., Defendant NO. 1428-CU-2002-DC IN DIVORCE AND CUSTODY PETITION TO AMEND CAPTION TO THE HONORABLE, THE JUDGES OF SAID COURT: ?. C= N Plaintiff, Heidi L. Tillman, by and through her attorneys, Dissinger and Dissinger, respectfully represents and moves the Court as follows: 1. Plaintiff is Heidi L. Tillman, whose current address is 6977 Sterling Road, Harrisburg, Dauphin County, Pennsylvania, 17112. 2. Defendant is James D. Tillman, Jr., whose current mailing address is P.O. Box 6758, Harrisburg, Pennsylvania. 3. A Complaint in Divorce was filed to the above term and number on March 28, 2002. 4. Plaintiff, Heidi L. Tillman, wishes to amend the caption of said complaint to conform Defendant's name to James D. Tillman, III. WHEREFORE, Plaintiff, Heidi L. Tillman moves this Honorable Court to allow Plaintiff to amend the caption of the Complaint in Divorce to read: Heidi L. Tillman, Plaintiff, vs. V e James D. Tillman, III, Defendant. Respectfully Submitted: Date: i a Nkren L. xoenigsperg Attorney for Plaintiff Supreme Court ID # 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the Defendant, James D. Tillman, III, by First Class United States mail addressed as follows: James D. Tillman, III P. 0. Box 6758 Harrisburg, PA 17105 Date: 9// //X DISSINGER IDISSINGER Camp Hill Offices: 717.975.2840/voice • 717.975.3924/fax Marysville Offices: 717.957.3474/voice • 717.957.2316/fax April 23, 2002 James D. Tillman, III P.O. Box 6758 Harrisburg, PA 17105 RE: Tillman v. Docket Number: Dear Mr. Tillman: Tillman 1428 CV 2002-DC Enclosed find a copy of the Petition to Amend Caption and a Rule to Show Cause dated April 04, 2002 signed by Judge Hoover in the above-referenced matter. Thank you for your attention to this matter. Very truly yours, Mary A. Etter Dissinger Attorney at Law MAED:mab Encl. 2 cc: Heidi L. Tillman File 4-00-522 EXHIBIT "An Attorneys at Law 28 North Thirty-Second Street • Camp Hill, PA 17011 400 South State Road • Marysville, PA 17053 II 0 r ,? IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff VS. (JAMES D. TILLMAN, JR., Defendant CIVIL ACTION - LAW NO. 1428-CV-2002-DC IN DIVORCE AND CUSTODY IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff VS. . JAMES D. TILLMAN, III, Defendant CIVIL ACTION - LAW NO. 1428-CV-2002-DC IN DIVORCE AND CUSTODY ORDER V1 }? AND NOW, this day of v , 2002, upon consideration of Plaintiff, Heidi L. Tillman's motion, it is hereby ORDERED that the Rule which was issued on Defendant, James D. Tillman, Jr., in the above-captioned matter on April 04, 2002, to show cause why Plaintiff should not be allowed to amend the caption of the Divorce Complaint is made absolute, and that Plaintiff, Heidi L. Tillman's Petition To Amend Caption is granted and the caption is hereby amended as follows: c, o ? v CD n ?l CD (73 ---I C:).rn O . IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. JAMES D. TILLMAN, III, Defendant NO. 1428-CV-2002-DC IN DIVORCE AND CUSTODY 1. ? IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTC ? _ -rm AND NOW, comes Mary A. Etter Dissinger, cour fob ; Heidi L. Tillman, and respectfully moves this Court to fnake--71 > o the Rule issued April 04, 2002 absolute and amend the caption to read HEIDI L. TILLMAN, Plaintiff, vs. JAMES. TILLMAN, III, Defendant, and in support of that motion avers the following: 1. A Petition to amend the within captioned was filed on April 01, 2002 and a copy of the Petition to Amend Caption was served upon Defendant. 2. A Rule to Show Cause was issued on April 04, 2002. 3. The Rule was mailed to Defendant without a cover letter. 4. The Rule was subsequently mailed to Defendant on April 23, 2002 with a cover letter, a copy of which is attached as Exhibit "A". 5. No response to the Motion or Rule has been filed to this date. 4 WHEREFORE, counsel for Plaintiff, respectfully requests that this Court amend the caption to read HEIDI L. TILLMAN, Plaintiff, vs. JAMES D. TILLMAN, III, Defendant. Respectfully Submitted, DISSINGER AND DISSINGER Dated: 5,z/ 6 ?. Marty . Etter Dissinger Attorney For Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 • 4 VERIFICATION I, Mary A. Etter Dissinger, verify that the foregoing facts 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. Ma/r/y/(/A/? E ter Dissinger . } IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the Defendant, James D. Tillman, III, and counsel for Defendant, by First Class United States mail addressed as follows: James D. Tillman, III P. 0. Box 6758 Harrisburg, PA 17105 Maria P. Cognetti, Esquire 210 Grandview Avenue Camp Hill, PA 17011 Date s,?? b / 9-2--' Mary A. Etter Dissinger IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA IHEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, III, IN DIVORCE AND CUSTODY Defendant C7 -V D? 'a ? EMERGENCY PETITION FOR ALIMONY PENDENTE LITE, INTERIM CO SEL FEES, EXPENSES AND COSTS AND REQUEST THAT DEFENDANT REINSTATE PLAINTIFF AS BENEFICIARY ON STATE RETIREMENT AND OTHER BENEFITS AND NOW COMES, Heidi L. Tillman, by and through her attorneys, Dissinger and Dissinger respectfully requests the court to award her interim counsel fees and alimony pendente lite AND DIRECT Defendant to reinstate her as beneficiary of his state retirement benefits and any other benefits from which he may have removed her name, and inl support of that motion avers as follows: 1. Defendant separated from Plaintiff February 17, 2002. 2. Plaintiff filed for divorce March 28, 2002. 3. Plaintiff /Petitioner is employed part time as a waitress at Applebee's, and works part time by long standing agreement of the parties. 4. The parties are the parents of two (2) minor children, Tristan 15. Plaintiff's counsel would like to hire Harry Leister Conrad M. Seigel, Conrad Seigel, Inc. to value the pension. 16. The company Conrad Seigel, Inc. generally charges approximately $450.00 to value such a pension. 17. Plaintiff is without the funds or access to funds to afford the payment of $450.00 to cover the cost of the valuation and requests the court direct Defendant to provide those funds to her. 18. On or about April 19, 2002, Defendant, without Plaintiff's consent or knowledge, removed Plaintiff as beneficiary on his retirement benefits with the Commonwealth. 19. If the Defendant dies before the conclusion of this divorce matter and either distribution of his pension or a QDRO protecting Plaintiff, Plaintiff will be without the benefit of the survivor benefits to which she is lawfully entitled. 20. If Defendant dies before the conclusion of this divorce matter, Plaintiff will may be irreparably harmed by Defendant's change in designation of beneficiary, whereby he removed Plaintiff as his beneficiary under the retirement benefits available to him. 21. Plaintiff has asked Defendant to reinstate her as beneficiary by correspondence addressed to his counsel. 22. Plaintiff asked Defendant to provide proof by May 24, 2002 that Plaintiff had been reinstated as Defendant's beneficiary. 23. Defendant has not provided proof as of May 24, 2002 that Plaintiff has been renamed beneficiary on the retirement benefits. 24. The parties participated in a support conference. 25. A support Order was entered May 10, 2002, based on Defendant's, representation that he had paid the bills for the month of April. I 26. Defendant has not paid all of the bills for April. 27. The Mortgage payment on the marital residence in which Plaintiff resides is $782.25 which does not include the taxes but only principal and interest. 28. Without spousal support or alimony pendente lite, the child support component of the proposed Order is not adequate to support Plaintiff and her children during the pendency of this litigation. 29. Defendant withdrew from the joint account almost all of the funds owned by the parties jointly, and appropriated those funds to himself. 30. Defendant has the benefit and enjoyment of the joint funds andl Plaintiff has not. 31. The funds withdrawn by Defendant in April, less than one month after service of the complaint in divorce amounted to over $11,000.00. 32. When Plaintiff hired counsel, she did not expect to have to address support appeals, nor seek legal assistance to reinstate her rights to marital property, nor did she expect the Defendant would, without her consent, adversely deal with her right to marital property during the pendency of this divorce. 33. Plaintiff paid a retainer of only $1,500.00 to her legal counsel, expecting custody, support and divorce and equitable distribution would be resolved without great difficulty. 34. Defendant has called Plaintiff repeatedly for no purpose other than to harass her, threaten her, and intimidate her, and that conduct has routinely necessitated Plaintiff calling her Attorney for legal advise and counsel as to whether or not Defendant can do to Plaintiff the things that he threatens to do. 35. Such actions by Defendant has increased Plaintiff's legal fees. 36. The retainer that Plaintiff has paid to her counsel is exhausted, and Plaintiff is unable to provide to her counsel an additional retainer to cover the costs and expected legal fees for defending the support appeal and requesting reinstatement of husband's retirement benefits in her favor. 37. Plaintiff does not have the income nor the access to funds with which to continue fulfilling her obligation to pay counsel fees for legal representation, nor to pay for a pension valuation of Defendant's pension. WHEREFORE, Plaintiff respectfully requests the court to enter an order of alimony pendente lite in her favor of $750.00 monthly, and enter an award of interim counsel fees of $4,000.00, and award direct Defendant to pay to Plaintiff $450.00 for his pension appraisal, and Plaintiff requests the court to direct Defendant to 1 w . immediately reinstate her as beneficiary on his retirement benefit!, plan with the Commonwealth. Respectfully Submitted, DISSINGER AND DISSINGER Mary A. Etter Dissinge Attorney for Plaintiff Supreme Court ID #27736 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Heidi L. Tillman, verify that the statements made in the Emergency Petition 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 fal: VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, III, IN DIVORCE AND CUSTODY Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the Defendant, James D. Tillman, III, and his attorney, Maria Cognetti, by First Class United States mail addressed as follows: James D. Tillman, III P. 0. Box 6758 Harrisburg, PA 17105 and Maria Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date/? GrZ ?__ Mary tter Dissinger«< ti 1 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, . Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant INCOME AND EXPENSE STATEMENT OF HEIDI L. TILLMAN, PLAINTIFF INCOME (a) Wages/Salary Employer: Applebee's Address: Jonestown Road - Colonial Park Harrisburg, PA 1 7109 Job Title/Description: Wait ress Pay Period .................. ..Bi-Weekly Gross pay per pay period ..... .. $ 208.76 Payroll Deductions: Federal Withholding........ $ 5.76 Social Security............ $ 3.03 Medicare Tax ............... $ State Income Tax........... $ 5.85 Local Wage Tax ............. $ 4.18 Retirement ................. $ Health Insurance........... $ Net Pay per period......... $ 39.76 (b) Other Income Week Child Support ............. $ Interest & Dividends...... $ Pension/Annuity........... $ Social Security........... $ Rents/Royalties........... $ Expense Account........... $ Gifts. $ Unemployment Compensation. $ Worker's Compensation..... $ TOTAL .............. $ Month Year $ D $ C ° Q`n ZZ N O Zc7 o ,< N EXPENSES Ch ild Household Mo nthly Monthly Home Mortgage\Rent..... $ $ 782.25 Maintenance....... $ $ Utilities-Electric $ $ 145.00 Heat.... $ $ Telephone $ $ 35.00 Water, Sewer, Refuse $ $ 16.00 Employment Transportation.... $ $ Lunches........... $ $ 60.00 Taxes Real Estate....... $ $ 55.80 Personal Property. $ $ 77.47 School Taxes $ $ 87.83 Insurance Homeowners........ $ $ 28.00 Automobile........ $ $ 95.00 Life .............. $ $ 20.00 Accident.......... $ $ Health............ $ $ Other ............. $ $ Automobile Payments.......... $ $ 282.00 Fuel .............. $ $ 50.00 Repairs........... $ $ 50.00 Medical Doctor ............. $ 20.00 $ 30.00 Dentist............ $ $ Orthodontist....... $ $ Hospital........... $ $ Medicine........... $ 25.00 $ 10.00 Special needs...... (Glasses, contacts) $ $ Education Private School.... $ 50.00 $ Parochial School.. $ (Beginning 9/4) $ College........... $ $ Personal Clothing.......... $ 50.00 $ 50.00 Food .............. $ $ 200.00-275.00 Barber, Hairdresser $ 15.00 $ 50.00 Household Supplies $ $ 50.00 Credit Cards...... $ $ Loans ............. $ $ It { s Miscellaneous Household help.... $ $ Child care........ $ $ 25.00 Papers, Books, Magazines......... $ $ 4.00 Cable ............. $ $ 40.00 Vacation.......... $ $ 41.66 Entertainment..... $ $ 180.00 Gifts ............. $ $ 8.33 Contributions..... $ $ 8.33 Legal fees........ $ $ 300.00 Other child support $ $ Alimony payments.. $ $ Other ............... $ $ TOTAL EXPENSES...... $ $2,106.85 PROPERTY OWNED DESCRIPTION VALUE OWNERSHIP H W J Checking Account PSECU $ 50.00 ? Savings Account PSECU $ 4,000.00 _ 7 Stocks/Bonds T.Rowe Price $ 6,000.00 ? Real Estate House $125,000.00 ? Other Jeep Cherokee $ 10,000.00 ? T.Rowe Price $ 11,600.00 ? TOTAL PROPERTY $156,650.00 INSURANCE COMPANY POLICY # COVERAGE H W C Medical BC/BS ID#QBD164604076 ? ? ? Health/ Group#940000000 ? Accident BC/BS ? ? ? Disability Income Other (H=Husband W=Wife C=Child/Children) VERIFICATION I, Heidi L. Tillman, verify that the statements made in this Income and Expense Statement 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:-d 2- IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, hereby certify that on the date set forth below I served a true and correct copy of the Income and Expense Statement upon the attorney for the Defendant, James D. Tillman, III, by First Class United States Mail addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue Camp Hill, PA 17011 Date: L IYn L. -Koehigs5erg Attorney for Plaint Supreme Court ID # 8555 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 r r' Hei Ti lman, aintif o ? -fl T O (') Z t O? v"` IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. JAMES D. TILLMAN, JR., Defendant NO. 1428-CU-2002-DC IN DIVORCE AND CUSTODY INVENTORY AND APPRAISEMENT OF HEIDI L. TILLMAN, PLAINTIFF Plaintiff, Heidi L. Tillman, files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. I, Heidi L. Tillman, verify that the statements made in this Inventory and Appraisement are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. INVENTORY AND APPRAISEMENT UNDER RULE 1920.33 ITEM # A. MARITAL PROPERTY IN WHICH EITHER SPOUSE HAS LEGAL OR EQUITABLE INTEREST ON DATE OF SEP. B. IS PROPERTY EXCLUDED FROM MARITAL PROPERTY C• BASIS FOR CLAIMED EXCLUSION D• PERSON OR ENTITY WITH WHOM INTEREST IS HELD 1. House Joint 2. Deferred Comp Jim 3. Pension-Retirement in part part pre-marital Jim 4. T. Rowe Price Mutual Fund Joint 5. Stocks at T. Rowe Price Joint 6. Jeep Cherokee Joint 7. SAAB Joint 8. Savings account xxxxxx6145 Joint 9. Checking account xxxxxx9352 Joint 10. Engagement Ring Heidi 11. Life Ins. Policy Jim 12. Savings Bond (Tristan) Jim 13. Savings Bond (Chase) Jim 14. Savings Bond (Tristan) Heidi 15. Savings Bond (Chase) Heidi 16. TAP acct (Tristan) Heidi 17. TAP acct (Chase) Heidi 18. Wedding Band Heidi 19. Wedding Band Jim 20. Dara's College Fund Jim 21. 2001 Income Tax Refund Joint 22. PSECU Visa Joint 23. PSECU accounts xxxxxx 613 4 xxxxxx2688 yes children's accounts 24. Dining Room Table Jim 25. (4) Cushioned Chairs Jim 26. Wine Rack Joint 27. Kitchen Furnishings Joint 28. GE Refrigerator Joint 29. Sharp Carousel Microwave Joint 30. Proctor Silex Toaster Joint 31. Rival Crock Pot Joint 32. Osterizer Blender Joint 33. Krups Coffee Pot Joint 34. Pfaltzgraff Dishes Joint 35. (2) AT&T Phones Joint 36. Kitchen Utensils Joint 37. Pots and Pans Joint 38. Kitchen Linens Joint 39. Various Clocks Joint 40. Various Plants Joint 41. Living Room Furnishings Joint 42. Coffee Table & (2) End Tables Jim 43. Love Seat & Sofa Jim 44. (2) Lamps Jim 45. Glider Rocker Joint 46. Various Wall Hangings Joint 47. Various Framed Photos Joint 48. Framed Stitched Alphabet Jim 49. Children's Bedroom Furnishings Joint 50. Magnavox TV Heidi 51. Nintendo Jim 52. Aunt Ruth's Rocker Joint 53. Bathroom Furnishings Joint 54. Panasonic Boom Box Heidi 55. Shadow Box Heidi 56. Master Bedroom Furnishings Joint 57. Sylvania TV Joint 58. (2) GE VCRs Joint 59. Panasonic Phone Joint 60. AT&T Answering Machine Joint 61. Various Linens Joint 62. Antique Stereo Joint 63. Packard Bell Computer & Printer Joint 64. Sony Stereo Joint 65. Family Room Furnishings Joint 66. Various Movies Joint 67. JVC Video Camera Joint 68. Fuji Camera Jim 69. Treadmill Joint 70. Bar-Ware Joint 71. Samsung TV Joint 72. Mikasa Crystal Clock Joint 73. Christmas Decorations Joint 74. Computer CD's Joint 75. Music CD's Joint 76. Single Bed Jim 77. Kenmore Washer & Dryer o nt 78. Laundry Room Furnishings t nt 79. Dirt Devil Broom Vac nt 80. Various Power Tools Joint 81. Various Hand Tools Joint 82. Trek Bike Heidi 83. outdoor Furnishings Joint 84. Various Lawn Care Tools Joint 85. Yard Man Mower Joint 86. Grill Joint INVENTORY AND APPRAISEMENT UNDER RULE 1920.33 ITEM # E. DATE ACQUIRED F. COST OR ACQUIRED VALUE G. VALUE ON DATE OF SEPARATION H. AMT OF LIEN ON DATE OF SEPARATION I. NATURE OF LIEN J. DATE OF LIEN K. LIEN HOLDER 1. 1993 121, 000.00 75, 000.00 Mortgage 1993 Waypoint 2. 46,882.00 3. 209,770.00 marital portion 4. 12,759.00 5. 6. 1996 10,000.00 7,000.00 none 7. 2001 10, 000.00 6,000.00 Est. 6,000.00 Loan 2001 PSECU 8. 1995 682.40 9. 1995 2,264.76 10. 1995 8,000.00 Unknown 11. 12. 1996 13. 1998 14. 1996 15. 1998 16. 2000 17. 2000 18. 1995 19. 1995 20. 4,000.00 Est.4, 000.00 21. 2001 5,726.00 22. (168.26) 23. 24. 1994 50.00 50.00 25. 1994 50.00 50.00 26. 1999 10.00 10.00 27. 28. 1994 200.00 100.00 29. 1998 100.00 50.00 30. 2001 10.00 10.00 31. 1995 20.00 10.00 32. 1995 5.00 5.00 33. 1995 25.00 15.00 34. 1995 75.00 40.00 35. 36. 37. 38. 39. 40. 41. 42. 1993 150.00 75.00 43. 1993 250.00 175.00 44. 1993 30.00 15.00 45. 1997 100.00 50.00 46. 47. 48. 1994 20.00 20.00 49. 50. 1987 10.00 10.00 51. 1990 20.00 20.00 52. 1998 15.00 15.00 53. 54. 1993 25.00 25.00 55. 1994 5.00 5.00 56. 57. 1993 50.00 50.00 58. 93 &95 145.00 75.00 59. 1995 50.00 20.00 60. 2000 20.00 20.00 61. 62. 1995 50.00 50.00 63. 1999 500.00 300.00 64. 2001 200.00 150.00 65. 66. 67. 1999 600.00 450.00 68. 1994 200.00 100.00 69. 1999 2,000.00 1,250.00 70. 1997 100.00 50.00 71. 1995 50.00 50.00 72. 1995 75.00 50.00 73. 125.00 50.00 74. 1997 125.00 20.00 75. 1998 60.00 35.00 76. 1995 75.00 45.00 77. 2001 900.00 700.00 78. 79. 1998 20.00 20.00 80. 81. 82. 1992 500.00 200.00 83. 84. 85. 1997 150.00 50.00 86. 1995 15.00 15.00 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW vs. NO. 1428-CU-2002-DC JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, hereby certify that on the date set forth below I served a true and correct copy of the Inventory and Appraisement upon the attorney for Defendant, James D. Tillman, III, by First Class United States mail addressed as follows: Date: -719 C K r L. en g erg 19 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW Vs. NO. 1428-CU-2002-DC JAMES D. TILLMAN, III, IN DIVORCE AND CUSTODY Defendant ORDER APPOINTING MASTER AND NOW, this day of v4 y , 2002, yy ; h 14 OA 60.S+- , Esquire, is appointed Master with respect to the following claims: Alimony Pendente Lite, Interim Counsel Fees, Expenses and Costs. BY THE COUR J. ? o ti N ) ) ? n -C J'i r IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, III, IN DIVORCE AND CUSTODY Defendant MOTION FOR APPOINTMENT OF SPECIAL MASTER Plaintiff, Heidi L. Tillman, moves the court to appoint a Special Master with respect to the following claims: ( ) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (X) Interim Counsel Fees ?? (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: #)Li (1) Discovery is complete as to the claims `for Mich the appointment of a Master is requeste4.-- (2) The Defendant has not filed an appearce the action, but has been served with a ?zt_plaint` Divorce. -+V m '' ?.2a (3) An agreement has not been reached with-respecttfio t8r alimony pendente lite or interim counselcofees, costs and expenses. (4) The action does not involve complex issues of law or fact. (5) The hearing is expected to take three (3) hours days. (6) Additional information, if any, relevant to the motion: The Court Administrator requested Plaintiff file this motion regarding the Emergency Relief Petition filed by Plaintiff on June 03, 2002. Date: S ?-- Mary Ette issinger Attorney -- -- 28 North h as jV1 W Camp Hil II?S 1 (717) 97 cc: James D. Tillman, III, Defendant Maria P. Cognetti, Esquire Heidi L. Tillman IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, III, IN DIVORCE AND CUSTODY Defendant CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the Defendant, James D. Tillman, III, and Maria P. Cognetti, Esquire, by First Class United States I. h mail addressed as follows: James D. Tillman, III P. 0. Box 6758 Harrisburg, PA 17105 and Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date: /0? &? G? ?t ??? Mary 0. Etter Dissinger r'Z _ I t' IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO. 1428-CU-2002-DC JAMES D. TILLMAN, III, IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: March 29, 2002, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff October 21, 2002, 2002; by Defendant October 29, 2002. 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary: ///7 , 2002. 6. Date Defendant's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary: // 7 , 2002. Respectfully submitted, DISSINGER AND DISSINGER Date: j// ®r '7/ UZ--- A. ?t?e ?Disinger Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 717-975-2840 11,4 cc: Maria P. Cognetti, Esquire . 1 c;.'} MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant HEIDI L. TILLMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. JAMES D. TILLMAN, III, Defendant NO. 1428-CV-2002-DC CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I 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. I 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. DATE: floae 'Tilrman. III ????? MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant HEIDI L. TILLMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. JAMES D. TILLMAN, III, Defendant NO. 1428-CV-2002-DC 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 28, 2002. 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. I 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. Date: /Ue41&W III W:CZn7ED 04 O LAGER & DISSJ; z - - . IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff VS. JAMES D. TILLMAN, JR., Defendant CIVIL ACTION - LAW NO. 1428-CU-2002-DC IN DIVORCE AND CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on March 28, 2002 and served on March 29, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. I 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. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: /0/.2/'/ m'Z- v a - I '; 6 .V i A 2, PROPERTY SETTLEMENT AGREEMENT BETWEEN HEIDI L. TILLMAN AND JAMES D. TILLMAN, III Mary A. Dissinger, Esquire DISSINGER & DISSINGER 28 North 32nd Street Camp Hill, PA 17011 Attorney for Heidi L. Tillman Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 c," Attorney for James D. Tillman, III ,+ r ? z A ( ? 1 INDEX OF PROPERTY SETTLEMENT AGREEMENT BETWEEN HEIDI L. TILLMAN AND JAMES D. TILLMAN, III SUBJECT PAGE NUMBER 1. Separation 2 2. Interference 3 3. Agreement Not A Bar to 3 Divorce Proceedings 4. Subsequent Divorce 4 5. Incorporation in Divorce Decree 5 6. Effective Date 5 7. Distribution Date 6 8. Mutual Release 6 9. Advice of Counsel 8 10. Warranty as to Existing Obligations 8 11. Warrant as to Future Obligations 9 12. Debt of the Parties 9 13. Personal Property 10 14. Diamond Engagement Ring 11 15. Division of Real Property 11 16. Division of Bank Accounts 13 17. T. Rowe Price Mutual Funds 13 18. Deferred Compensation Account 14 19. Pensions, Annuities and/or Retirement Benefits 14 20. Motor Vehicles 15 21. After-Acquired Property 15 22. Child Support 16 23. Alimony 16 24 Counsel Fees, Costs and Expenses 17 25. Income Tax Prior Returns 17 26. Applicability of Tax Law to Property Transfers 18 27. Effect of Divorce Decree 18 28. Breach 19 29. Waiver of Claims 19 30. Entire Agreement 20 31. Financial Disclosure 20 32. Agreement Binding on Heirs 21 33. Additional Instruments 21 34. Void Clauses 21 35. Independent Separate Covenants 22 36. Modification and Waiver 22 37. Descriptive Headings 22 38. Applicable Law 22 a PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of AIG& /- _ 6??l 2002, by and between Heidi L. Tillman of Dauphin County, Pennsylvania (hereinafter referred to as "WIFE") and James D. Tillman, III, of Dauphin County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on October 21, 1995, in Cumberland County,Pennsylvania; and WHEREAS, two children have been born of this marriage, namely, Tristan Tillman, born June 16, 1996; and Chase Tillman, born April 5, 1998. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the ¦ 1 1 • % a t L ? past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters between them relating to the past, present, and future support and/or maintenance of the children; the implementation of custody and visitation arrangements for the minor children the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the -2- ¦ , 1 IV `% part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part -3- t R p' of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Dauphin County, Pennsylvania, to Docket No.1428-CV-2002-DC, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that -4- t this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall -5- be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar -6- IF a % allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of -7- r 71 ' J y property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA P. COGNETTI, Esquire, for HUSBAND and MARY A. DISSINGER, Esquire, for WIFE. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of -8- the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. -9- a WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: Other than as set forth elsewhere in this Agreement, the parties agree that they have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to -10- sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIAMOND ENGAGEMENT RING: WIFE shall become sole owner of, and HUSBAND shall waive any claims to, the diamond engagement ring, previously given to WIFE but currently in the possession of HUSBAND. HUSBAND agrees to relinquish possession of said diamond engagement ring to WIFE within ten (10) days after execution hereof. 15. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 6977 Sterling Road, Harrisburg, Dauphin County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, -11- A , to f interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE shall, within ninety (90) days of the entry of a Decree in Divorce, and at Wife's sole expense, take all steps necessary to remove HUSBAND's name from the Waypoint Bank mortgage so as to have HUSBAND completely and fully released of any and all liability he has on said mortgage. In that regard, Wife shall obtain a "Reliance and Assumption" form from the mortgage lender, Waypoint Bank, and present it to Husband for his signature, immediately following the entry of a Decree in Divorce. The parties agree to execute the Reliance and Assumption form, as well as any and all other documents which may be required in order to remove Husband's name from the mortgage within five (5) days of receiving said documents from Waypoint Bank. In the event that WIFE fails to remove Husband's name from the mortgage within the designated time frame, the Court, at HUSBAND's request, shall enter an order directing that this residence be sold and that the lien be satisfied from the proceeds of the sale. Any remaining proceeds shall become the sole and exclusive property of WIFE. -12- lA r Pending removal of Husband's name from the mortgage, WIFE, and except as otherwise provided herein, commencing on the execution date of this Agreement, WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to, the mortgage with Waypoint Bank, taxes, insurance premiums and maintenance. WIFE shall keep HUSBAND and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expense or result from HUSBAND's ownership interest in said property. Until Husband's name is removed from the Waypoint Bank mortgage, WIFE shall be solely responsible for payment of this mortgage and shall hold HUSBAND, his heirs, successors and assigns, harmless from any liability in the event of her default. 16. DIVISION OF BANK ACCOUNTS: The parties agree that the Pennsylvania State Employees Credit Union (PSECU) bank accounts, presently held in the name of HUSBAND alone or jointly by the parties, shall become the sole and exclusive property of HUSBAND upon the entry of a final Decree in Divorce. The parties acknowledge that each has no further claim or interest in said -13- Pk accounts of the other and agree that each will not assert any such claim in the future. 17. T. ROWE PRICE MUTUAL FUNDS: The parties agree that the T. Rowe Price Mutual Funds account held jointly by the parties, shall become the sole and exclusive property of HUSBAND upon the entry of a final Decree in Divorce. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in the T. Rowe Price Mutual Funds account, and further agrees never to assert any claim to the asset in the future. 18. DEFERRED COMPENSATION ACCOUNT: WIFE hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and clear from any claim, right, title or interest on the part of WIFE, his Deferred Compensation account. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in the Deferred Compensation account of HUSBAND, and further agrees never to assert any claim to the asset in the future. 19. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: The parties acknowledge that as a result of HUSBAND's employment with -14- s ? r a v a the Commonwealth of Pennsylvania, he has certain vested rights in a pension. HUSBAND agrees that a certain portion of his pension through the Commonwealth of Pennsylvania is marital property and therefore agrees to assign WIFE one-half of the marital portion of said pension. HUSBAND agrees never to elect any option which would result in a reduced benefit to WIFE. The transfer called for under the terms of this paragraph shall be made pursuant to a Qualified Domestic Relations Order (QDRO) which shall be prepared by a qualified actuary, Harry M. Leister, Jr., at the parties' equally shared expense. Counsel for HUSBAND shall provide counsel for WIFE with a draft of the QDRO for her review within 30 days of the signing of this Agreement. 20. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, the parties agree as follows: (a) The 1997 Saab shall be and remain the sole and exclusive property of WIFE; (b) The 1997 Jeep Cherokee shall be and remain the sole and exclusive property of HUSBAND. The titles to said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the -15- distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 21. 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 hereafter acquired by him or her, 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. 22. CHILD SUPPORT: HUSBAND agrees to pay WIFE child support pursuant to the present Order dated May 10, 2002 and docketed to Dauphin County Domestic Relations Office No. 00609-DR-02, PACSES No. 607104372. 23. ALIMONY: The parties agree that alimony pendente lite shall terminate with the signing of this Agreement and in its stead HUSBAND agrees to pay WIFE the sum of SIX HUNDRED($600.00) DOLLARS per month for her separate support and maintenance through, and including, February, 2005. This payment is intended to be included in WIFE's income and deducted from HUSBAND's gross -16- income pursuant to federal tax laws. WIFE agrees that all of the said payments shall be included as income of the WIFE in her applicable tax return and she shall pay such taxes as may be required by reason of such inclusion. The parties further agree that they specifically intend this amount to be non-modifiable by either party. It is further agreed that HUSBAND's obligation to make payments of alimony shall terminate upon the first to occur of the following: (a) WIFE's death; (b) WIFE's co-habitation; (c) WIFE's remarriage; (d) HUSBAND' death. 24. COUNSEL FEES, COSTS AND EXPENSES: Each party agrees to be solely liable for the payment of his or her own counsel fees, costs and expenses. Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise. -17- 25. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. -18- I , , , 27. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 28. BREACH: If either party breaches any provision of this Agreement, 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 29. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and -19- the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 30. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the -20- t i within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 33. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. -21- ! Y, f ei A -"' ' r 1•. It-,., 34. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 35. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 36. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 37. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect -22- a r a At , ; , vi r 1'a t- i whatsoever in determining the rights or obligations of the parties. 38. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ?Z?:GLdJ G'?• ?iC?•C1Z/ WITNESS WITNESS (SEAL) (SEAL) -23- James D. Tillman, III ,r ' ° ?' ? e ., w { ? Y a ? r ? COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF O btM 6eR,t,,.A1UA ) On this, the day of ?C-J & (- , 2002, before me, a Notary Public, the undersigned officer, personally appeared JAMES D. TILLMAN, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Notary Public i NOTARIAL SEAL Candith Y. M Notary Public rairvkw TWp., York County My Commission Expires Nov 19, 2005 ) )SS: On this, the,,:)) day of 2002, before me, a Notary Public, the undersigned officer, personally appeared HEIDI L. TILLMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -24- ar a k ?? e t ti A W4 fCEIVED A NOY 84 s} . A 16 z* Stephen F_ Farina Prothonotary vrru,n yr -Q- OTFIONOTA.R., ?t DIVORCE INFORMATION SHEET From & Mwket Snccts Ylarrisburg, PA 17101 (717)255-2697 Pursuant to Act 2001- 82 , Vital Statistic Forms are not required effective January 1, 2002. However, the Prothonotary is required to provide the following information, in lieu of the ''V'ital Statistics Norm. Please . complete the appropriate information and file with the Prothonotary. Docket Number 1428-CV-2002-DC Plaintiff's Name Heidi L. Tillman Plaintiff's Social Security Number 182-46-411 1 Defendant's Name : James D. Tillman Defendant's Social Security Number 164-60-4076 Years Married 5 ; x 5-9; 10 -14 ; f 15-19;2425-29; 30+ Divorce Information Shea 11I!02 County of Dauphin HEIDI L. TILLMAN, Plaintiff V. JAMES D.TILLMAN, III, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 1428-CV-2002-DC CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, to wit, this e?-- day of b C V , 2002, it is hereby ORDERED and DECREED that the attached Stipulation for Custody dated /d -.2 L/ , 2002, is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. BY THE COURT: J. aatr Fnterea by MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant HEIDI L. TILLMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. : NO. 1428-CV-2002-DC JAMES D. TILLMAN, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY - (?-? L7 AND NOW, this day of ° , 2002, the parties having been advised of their rights, by their respective counsel, and having the best interest of their minor children, Tristan J. Tillman, born June 16, 1996, and Chase R. Tillman, born April 5, 1998, in mind, do hereby agree and stipulate as follows: 1. Plaintiff, Heidi L. Tillman (hereinafter "Mother"), and Defendant, James D. Tillman, III (hereinafter "Father"), hereby agree to share legal custody of their children, Tristan J. Tillman, and Chase R. Tillman. All decisions affecting the children's growth and development including, but not limited to: choice of regular, daily day care provider for the working custodial parent; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as a beneficiary, other than custody litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extracurricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Mother shall have primary physical custody of the minor children, with partial physical custody in Father according to the following schedule: (a) Week One: 1. Sunday - Father shall have physical custody of the children commencing at 4:00 PM on Sunday. Father shall return the children to Mother by no later than 8:00 AM, Monday, the following morning. 2. Monday - Father shall have physical custody of the children from 6:00 PM on Monday, through 8:00 AM on Tuesday, the following morning. 3. Friday - Father shall have physical custody of the children from 6:00 PM on Friday through 5:00 PM on Sunday. (b) Week Two: 1. Tuesday - Father shall have physical custody of the children from 6:00 PM on Tuesday through 8:00 AM on Wednesday. 2. Wednesday - Father shall have physical custody of the children from 6:00 PM on Wednesday through 8:00 AM on Thursday. The parties will continue to repeat the two-week schedule as stated above. 3. The parties agree to alternate holidays from 9:00 AM until 9:00 PM. For purposes of this agreement, holidays are defined as follows: Thanksgiving Day, Christmas Day, New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day. The party not having the children for Christmas Day shall have the children Christmas Eve from 2:00 P.M. until 9:00 P.M. The alternating schedule shall begin with Father having Thanksgiving Day, 2002, and alternating thereafter. 4. Children's Birthdays - The parties agree to alternate the children's birthdays in the same manner as they agree to alternate holidays, as stated above. The alternating schedule shall begin with Father having the children from 9:00 A.M. until 9:00 P.M. for Chase's birthday, on April 5, 2003, and Mother having the children from 9:00 A.M. until 9:00 P.M. for Tristan's birthday, on June 16, 2003. For the year 2004, Mother shall have the children for Chase's birthday and Father shall have the children for Tristan's birthday and alternating on the same two year schedule from that point on. In the event that a child's birthday falls on a school day, the holiday shall commence immediately after school until 9:00 P.M. 5. Mother's Day and Father's Day - The parties agree that the children shall spend every Mother's Day, from 9:00 AM until 9:00 PM with Mother, and every Father's Day from 9:00 AM until 9:00 PM with Father. 6. The parties agree that Father shall have additional periods of partial physical custody as the parties may from time-to-time agree. 7. During the summer months, each party shall be entitled to two (2), non- consecutive one week periods of uninterrupted custody. The week shall include the respective parent's regularly scheduled weekend. Each party will give the other party at least sixty (60) days written notice of the weeks in which they plan to schedule their two (2) non-consecutive one week periods of uninterrupted custody. If both parties desire the same week, then, the party providing notice first shall be entitled to that time. The parties agree that, to the extent practicable, the children will not be left in the care of babysitters, daycare providers, or any third party if the non-custodial parent is available and willing to care for the children. Should either parry need to be away from the children during their period of custody for more than two (2) hours, said party shall so advise the other party and give them the first option of caring for the minor children during those periods. The parties further agree that this does not constitute a "swap" of custodial time. 9. The parties agree that, while in the presence of the minor children, neither party shall make any remarks or do anything which can in any way be construed as derogatory or uncomplimentary to the other parent and it shall be the duty of each parent to uphold the other parent as one whom the children should respect and love. 10. Both parents shall permit reasonable telephone access between the children and the other parent at all times. Both parents agree to use good discretion as to the time, frequency, and duration of phone calls. 11. The parties agree that this Stipulation shall be entered as an Order of Court and, as such, shall have the full and same force and effect as if the matter had been tried and decided. 12. This Stipulation and Order of Court shall replace and supersede any existing custody arrangements between the parties. 13. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court and/or amended agreement in writing between the parties. 14. The parties hereby waive their right to present this Stipulation in open court or to have their case heard by the Court at this time. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year first above written. . Witness es 5?,?llman, III Witness Commonwealth of Pennsylvania County of Dauphin, ss: HEIDI L. TILLMAN, Plaintiff V. JAMES D. TILLMAN, III, Defendant :IN THE COURT OF COMMON PLEAS :DAUPHIN COUNTY, PENNSYLVANIA :NO. 1428-CV-2002-DC :IN DIVORCE Decree in Divorce AND NOW, 2002, it is ordered and decreed that Heidi L. Tillman, Plaintiff, and James D. Tillman, III, Defendant, are divorced from the bonds of matrimony. And the property settlement agreement of the parties, dated October 24, 2002, is hereby incorporated, but not merged, into this decree. THE COURT, r. rtified , 2 Prothonotary HEIDI L. TILLMAN, Plaintiff VS. JAMES D. TILLMAN, III, Defendant N N ? 3 C:) -T C"? : IN THE COURT OF COMMON PLEA51-'::m : DAUPHIN COUNTY, PENNSYLVtIP}- om : NO. 1428-CV-2002-DC w : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this day of 2002, upon presentation and consideration of the within Petition of counsel for Plaintiff and Defendant in the above captioned matter and joined in by the Divorce Master, William Nast, Esquire, it is hereby ORDERED that the Appointment of the Divorce Master be revoked and the file be returned to the Office of the Prothonotary of Dauphin County, Pennsylvania. BY THE COURT: HEIDI L. TILLMAN, Plaintiff VS. JAMES D. TILLMAN, III, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 1428-CV-2002-DC : CIVIL ACTION - LAW : IN DIVORCE _J PETITION TO REVOKE APPOINTMENT OF MASTER AND NOW, this o?d day of 2002, comes Mary A. Etter Dissinger, Attorney for the Plaintiff, and_ Mar-ia P. Y-- Cognetti, Esquire, Attorney for the Defendant, in the above captioned matter and sets forth the following: 1. The Plaintiff, Heidi L. Tillman, through her attorney, Mary A. Etter Dissinger, filed a Complaint in Divorce to the within term and number on March 28, 2002 . A certified copy of said Complaint in Divorce was served upon the Defendant, James D. Tillman, III, by certified mail, on March 29, 2002. 2. A Motion for the Appointment of Master was filed with the Court. Thereafter, William Nast, Esquire, was appointed by the Court as Divorce Master in this matter. 3. The parties hereto, through their respective counsel, wish to finalize this proceeding under Section 3301 (r.) of the Pennsylvania Divorce Code and have executed the necessary written consents in connection herewith. WHEREFORE, it is requested that th.! Court revoke the Appointment of the Master, William Nast, Esquire, and direct that he return to the Office of the Prothonotary cf Dauphin County, the entire record in connection with this matter. Respectfully Submitted, DISSINGER AND DISSINGER By:'* Mary A. Etter Di finger Attorney for Plaintiff Respectfully Submitted, By: Maria P. ogEo t/t i Attorney for D dant JOINDER I, William Nast, Esquire, Master in the above captioned matter, having duly read the within Petition hereby loin in the request set forth therein. DAT D Will A st,'Esk 're, Master E i ?J .. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff JAMES D. TILLMAN, III Defendant : No. 1428-CU-2002-DC CIVIL ACTION In DIVORCE TO: Mary A. Etter Dissinger, Esq. 28 N. Thirty-second Street Camp Hill, PA 17011 NOTICE OF HEARING Maria P. Cognetti, Esq. 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 This is to formally advise you that I have been appointed by the Court pursuant to Dauphin County Rule of Court No. 1920.51(a)(1(ii) to serve as Master to take testimony and file a report with the Court in the above referenced case. The hearing will be held on October 22, 2002, at 9:30 A.M., at the Dauphin County Bar Association. It appears that the Defendant's Inventory and Appraisement documents and the Income and Expense Statements required by Pa. R.C.P. No. 1920.33(a) have not been filed. If either party has not filed the pre-trial statement required by Pa. R.C.P. No. 1920.33(b), please serve same upon the counsel for the other party with a copy to me no later than seven (7) days before we meet. I am enclosing for Plaintiffs counsel a copy of a "Jurisdictional Testimony" form which will supply the necessary testimony to establish the statutorily required information which must be contained in the Master's Report. If the Plaintiff would complete the form, serve a copy on the Defendant and forward two copies to me before the hearing, we will be able to expedite the proceeding considerably. A pre-hearing conference has been scheduled for October 3, 2002, at 10:00 A.M. in my office at 221 Pine Street, Harrisburg. Very truly yours, Wm. H. Nast, Jr. Date: August 23, 2002 717 - 238 - 5509 N. Page 1 of 3 IN THE COURT OF COMMON PLEAS OF DAUPHION COUNTY Heidi L.Tillman V. James D. Tillman, III No. 1428-CV-2002-DC Civil Action - Custody AMENDED CUSTODY STIPULATION N ?- rv xm -? w CTT It is hereby agreed by and between the parties to this custody action, James D. Tillman, III (Father) and Heidi L. Tillman (Mother), the parents of Chase R. Tillman, date of birth April 5, 1998 and Tristan J. Tillman, date of birth June 16, 1996, that this Amendment shall modify the existing Custody Agreement, signed as an Order of Court by the Hon. Todd Hoover on November 12, 2002. The provisions of the November 12, 2002 Agreement, herein after the "existing Agreement," are incorporated herein, but amended as follows: The parties hereby agree that: 1) Exposing the children to a certain individual, Greg Tyler Clouser, is not in the children's best interests. 2) Because the parties agree that exposing the children to Mr. Clouser is not in the children's best interests Mother agrees that she will not allow Mr. Clouser at, in or around her residence, that being 511 Sarah Court, Mechanicsburg, Pennsylvania 17505, or any subsequent residence in 70 =='C:)= -T1 rn < C7 which Mother may reside, while the children are present. .. Page 3 of 3 Father shall return the children to Mother by no later than 8:00 am the following Monday morning. 7) In the event of a violation of this Amendment by Mother, the above provision shall be void and custody shall proceed in accordance with the existing Agreement, but with Father having majority physical custody and Mother enjoying periods of partial physical custody as set forth in paragraph 2 of the existing Custody Agreement. Witness Witness Date: Date: ?-;O? I K COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA Heidi L. Tillman Plaintiff VS. James D. Tillman. III CIVIL ACTION - LAW NO. 1428-CV-2002-DC IN DIVORCE Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this . day of 6 , the parties, Heidi L. Tillman, Plaintiff and James D. Tillman, III, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, James D. Tillman, III (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS") 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is March 15, 1963, and his Social Security number is 164-60- 4076. 4. The Plaintiff, Heidi L. Tillman (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is May 13, 1970, and her Social Security number is 182-46-4111. N 5. Member's last known mailing address is: 6268 Spring Knoll Drive Harrisburg, PA 17111 _, C ._. co 6. Alternate Payee's current mailing address is: rn 6977 Sterling Road Harrisburg, PA 17112 DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit equals: (1) the Coverture Fraction multiplied by (2) the Member's retirement benefit accrued on February 15, 2002, to commence on or after the Member's effective date of retirement. The Member's retirement benefit accrued on February 15, 2002, shall be based upon the high three-year average salary as of February 15, 2002, and based upon the years of service under SERS as of February 15, 2002, and calculated in accordance with the Retirement Code in effect on the date benefits commence to the Member. (b) The Coverture Fraction is a fraction with a value less than or equal to one. The numerator is the amount of the Member's service, as defined by SERS, for the period of time from October 21, 1995 (the date of marriage) to February 15, 2002 (the date of separation). The denominator is the total amount of Member's service, as defined by SERS as of February 15, 2002. (c) The portion of the marital property component of Member's retirement benefit to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset is 50%. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS or any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an annuity starting at the Member's superannuation age) if payments commence to Member before his superannuation age, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. DRO Page 3 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS if the Member dies before his benefits commence. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alternate Payee expressly agree that, at the time that the Member files a retirement application with SERS Member: (a) May elect to receive, by lump sum, all or a portion of his accumulated deductions. .4 DRO Page 4 The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) by (4) where (1), (2), (3) and (4) are as follows: (1) Accumulated deductions on February 15, 2002, accumulated with interest at the statutory rate (currently 4% per annum) compounded annually from February 15, 2002, until the date payments commence to the Member. (2) Coverture Fraction in accordance with Paragraph 7(b). (3) 50% (the portion of the marital component of Member's retirement benefits allocated to Alternate Payee in accordance with Paragraph 7(c). (4) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the date payments commence to the Member. (b) The excess of the present value of the equitable distribution portion of the Member's retirement benefit (based upon a maximum single life annuity) assigned to the Alternate Payee over the portion of the accumulated deductions paid to the Alternate Payee (pursuant to Paragraph 10(a)) shall be used to provide the Alternate Payee with an annuity payable to her as long as she lives. The Alternate Payee shall share in any scheduled or ad hoc increases to the extent of her equitable distribution portion of the Member's benefit. (c) The excess of the present value of the Member's retirement benefit (based upon a maximum single life annuity) over the present value of the equitable distribution portion of the Member's benefit assigned to the Alternate Payee shall be used to provide the Member with an annuity based upon the retirement option selected by the Member. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. DRO Page 5 12. In the event of the death of Alternate Payee, any death benefit payable to Alternate Payee by SERS by reason of the Member's death before the date benefits commence to him shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Dauphin County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon DRO Page 6 SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. A^ Attorne or Plaintiff/Alternate Payee BY THE COURT ndant/Member R Attorney or D fe dant/Member h9 C`? It , INAA HEIDI L. POPE (TILLMAN) ORIGINAL DIS7RIBU7ED,,wa-},i¢-2691 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Plaintiff Vs. NO. 1428 CV 2002 JAMES D. TILLMAN, III Defendant CIVIL ACTION - LAW ORDER AND NOW THIS r? day of May, 2007, the Stipulation for custody fled ifC Z this matter will not be entertained since the stipulation contains a provision regarding child support. Dauphin County Local Rule 1915.7 (b) (5) states that agreements shall not contain any provisions relating to child support. Furthermore, Dauphin County Local Rule 205.2(a)(3) was not followed. Dauphin County Local Rule 205.2(a)(3) requires that all civil motions, petitions, administrative applications and answers or responses be accompanied by a proposed order or alternative orders. Local Rule 205.2(a)(3) also requires the proposed order(s) to contain a distribution legend which includes the name(s) and mailing address(es), telephone number(s) and e-mail address(es), if any, of all attorneys and/or pro se parties to be served. The Dauphin County Local Rules are found on the county website at www.dauphincounty.org at court information. If an attorney would like to be added to the civil e-mail list serve to receive notification of rule changes, please contact the Dauphin County Court Administrator's Office at (717) 780-6630. BY THE COU J Bruce F. Bratton, Judge DISTRIBUTION: Robin J. Marzella, Esquire, 3513 North Front Street, Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY Heidi L. Pope (Tillman) No. 1428-CV-2002-DC V. . Civil Action - Custody James. D. Tillman, III AMENDED CUSTODY STIPULATION! N It is hereby agreed by and between the parties to the custody action, James.. Tillman, III (Father) and Heidi L. Pope (Tillman) (Mother), the parents of Chase R. Tillman, date of birth April 5, 1998 and Tristan J. Tillman, date of birth June 16, 1996, that this Amendment shall modify the existing Custody Agreement, signed by the parties, and filed with the Court on April 22, 2004. The original Custody Agreement signed as an Order of Court by the Hon. Todd Hoover on November 12, 2002, herein after referred to as the "Original Agreement," are incorporated herein, but amended as follows: The parties hereby agree that: 1. Mother and Father will share joint legal custody of the children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives of the children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other records. T 2. Alternate Weekends: The parents shall alternate custody of the children from Friday at 5:00 p.m. until Monday at 8:00 a.m. 3. Weekdays: During the week, the Father shall have primary custody of the children. The Mother shall have custody of the children on Wednesday nights from 3:00 p.m. until 8:00 a.m. Thursday at which time the children will be delivered to the school or the daycare provider. 4. Alternate Holidays: The parties shall alternate rights of custody on holidays. The holidays shall include Thanksgiving Day, Christmas, New Year's Day, Memorial Day, Independence Day, and Labor Day and the children's birthdays. Custody on these holidays shall be exercised from 9:00 a.m. until 8:00 p.m. 5. Summer Vacation: Mother shall have the right to two weeks, non-consecutive periods of custody during the children's summer vacation. 6. Financial Care of Children: Father agrees to be responsible for all financial expenses relating to caring for the children. Mother agrees to terminate the current Domestic Relations Order relating to the children within seven (7) days of execution of this agreement. Father agrees not to seek monetary contribution from mother for the support of the children. 2 7. Monthly Support: Father agrees to pay mother $600.00 per month, payable on the last day of the month, beginning on May 31, 2007 until settlement occurs on mother's current residence. However, if settlement does not occur on or before January 31, 2008, payments will cease and Father will not be required to make further payments. 8. For a period of one (1) year, Mother agrees not to expose the children to any individual(s) she is dating. 9. This matter is subject to review and modification by the parties every six (6) months upon demonstration of a change in circumstances that would warrant modification of the existing custody agreement to better serve the best interest of the children. NOW, THEREFORE, the parties hereby request, Agree and Stipulate that this Agreement shall be made into a Court Order of the Court of Common Pleas of Dauphin County as a Custody Order, with the same full weight, force, and effect as if it had been entered at a conclusion of a trial on the matter including the powers of the Court to enforce same by all the powers of the Court, including but not limited to Contempt of Court. 3 This AGREEMENT AND STIPULATION shall be made into a Court Order, by parties presenting same to the Court but without further appearance by either party or his/her attorney and by mere reference to this paragraph. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, set their hands and seals the date and year first above-written. Date: Date: -? 4 0 44 ?e?a? a ORIGINAL DISTRIBUTED C s ?o? IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY Heidi L. Pope (Tillman) No. 1428-CV-2002-DC V. Civil Action - Custody James. D. Tillman, III .cam 9.? ?? - Y G ORDER AND NOW, TO WIT, this day of 2007, in consideration of the attached Stipulation and Agreement of the above captioned parties, with the advice of their counsel, and upon motion of Robin J. Marzella, Esquire, attorney for James D. Tillman, III, it is hereby ORDERED that said Stipulation and Agreement for Custody shall be adopted and made an Order of Court. BY THE COU , J. Cc Robin J. Marzella, Esquire, 3513 North Front Street, Harrisburg, PA 17110. (717) 234-7828 James D. Tillman, 111, 1070 Kuhn Road, Boiling Springs, PA 17007. (717) 579-6093 Heidi Pope (Tillman), 5134 Deerfield Avenue, Mechanicsburg, PA 17050. (717) 215-9468 a? 1rn . Cr 4 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY cn Heidi L. Pope (Tillman) V. James. D. Tillman, III No. 1428-CV-2002-DC Civil Action - Custody AMENDED CUSTODY STIPULATION It is hereby agreed by and between the parties to the custody action, James. D. Tillman, III (Father) and Heidi L. Pope (Tillman) (Mother), the parents of Chase R. Tillman, date of birth April 5, 1998 and Tristan J. Tillman, date of birth June 16, 1996, that this Amendment shall modify the existing Custody Agreement, signed by the parties, and filed with the Court on dated April 22, 2004. The original Custody Agreement signed as an Order of Court by the Hon. Todd Hoover on November 12, 2002, herein after referred to as the "Original Agreement," are incorporated herein, but amended as follows: The parties hereby agree that: 1. Mother and Father will share joint legal custody of the children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of the child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other records. 2. Alternate Weekends: The parents shall alternate custody of the 1 children from Friday at 5:00 p.m. until Sunday at 5:00 p.m. 3. Weekdays: During the week, the Father shall have primary custody of the children. The Mother shall have custody of the children on Wednesday nights from 3:00 p.m. until 8:00 a.m. Thursday at which time the children will be delivered to the school or the daycare provider. 4. Alternate Holidays: The parties shall alternate rights of custody on holidays. The holidays shall include Thanksgiving Day, Christmas, New Year's Day, Memorial Day, Independence Day, and Labor Day and the children's birthdays. Custody on these holidays shall be exercised from 9:00 a.m. until 8:00 p.m. 5. Summer Vacation: Mother shall have the right to two weeks, non-consecutive periods of custody during the children's summer vacation. NOW, THEREFORE, the parties hereby request, Agree and Stipulate that this Agreement shall be made into a Court Order of the Court of Common Pleas of Dauphin County as a Custody Order, with the same full weight, force, and effect as if it had been entered at a conclusion of a trial on the matter including the powers of the Court to enforce same by all the powers of the Court, including but not limited to Contempt of Court. This AGREEMENT AND STIPULATION shall be made into a Court Order, by parties presenting same to the Court but without further appearance by either party or his/her attorney and by mere reference to this paragraph. 2 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, set their hands and seals the date and year first above-written. ? 1, - ?" ?'7 - fitness Date: Date:,,, ,) -d 71-1 a nay 00$ IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA Heidi (Tillman) Pope, Plaintiff . VS. James D. Tillman, III, Defendant . IN THE COURT OF COMMON PLEAS OF DAUPHIN OF PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 1428-CV-2002-DC ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directe that t e parties and their respective counsel appear before ,Q L the Conciliator on the day f pv 081 at /D; GO ?.m. at _???p?? 4?~1!57_7_ Sri Harrisburg, Pennsylvania, for a P e-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may, at the request of the Custody Conference Officer, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT, d Date of Order: ustody Conciliator CJ 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. THE DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, Pennsylvania 17101 717-232-7536 „{ ? ?,?? _ 1 tt ti ? 38 Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 -fax Heidi (Tillman) Pope, IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN OF PENNSYLVANIA VS. CIVIL ACTION - CUSTODY James D. Tillman, III, Defendant NO. 1428-CV-2002-DC PETITION TO MODIFY CUSTODY 1. Plaintiff is Heidi (Tillman) Pope, Mother of the children, residing at 5134 S. Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is James D. Tillman, III, Father of the children, residing at 1070 Kuhn Road, Boiling Springs, Cumberland County, Pennsylvania. 3. The Honorable Judge Bruce F. Bratton has presided over this matter in the past. 4. Custody of the minor children, Tristan and Chase Tillman, was Ordered by Agreement as follows: A. Joint legal custody to both parties. B. Primary physical custody was granted to Father, with periods of temporary physical custody granted to Mother by Order of Court dated May 30, 2007. (See copy of Order attached hereto as Exhibit "A".) 5. Defendant has unilaterally, without consultation with Mother, despite the shared joint legal custody, withdrawn the children from their schools at Mother's residence and enrolled them in the school district where he lives. 6. Defendant has unilaterally enrolled the children in counseling and refused in his initial correspondence to Mother to convey to her the name(s) of the counselor(s) with whom he has arranged for the children to visit. (See Exhibit "B" attached) 7. Only after Mother's repeated requests for the counselor's information, and Father's counsel instructing him of his obligation did Father provided the information that Mother is entitled to as joint legal custodian. (See Exhibit "C" attached) 8. It is believed that Father is not acting in a faithful and cooperative manner in following the letter and specifications of the shared legal custody of parties. 9. It is also believed that such behavior to alienate Mother from the joint decision making rights this Court has given to her, will only prove to cause further contention between the parties and will not be in the best interest of the children. 10. Defendant is an abuser of alcohol and recently has resumed drinking to excess and binging. 11. Defendant has fallen down drunk in front of the children. 12. When Defendant is intoxicated he is often mean and angry. 13. The minor children of the parties are frightened of Defendant when he is in an intoxicated state. 14. The minor children of the parties want to be with Plaintiff instead of Defendant. 15. It is in the best interest of the children that custody be modified and Plaintiff becomes the primary physical custodian. Wherefore, Plaintiff requests this Honorable Court to award her primary physical custody of the parties minor children. Respectfully Submitted: DISSINGER AND DISSINGER Mary A. tte is nger Attorney for Plaintiff Supreme Court I.D. #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Heidi Pope, 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 nth ties. HeidV?pe, Plkintfff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY Heidi L. Pope (Tillman) V. James. D. Tillman, III No. 1428-CV-2002-DC Civil Action - Custody ` N O r - J v Z C3 D O = Z -' ORDER AND NOW, TO NVIT, this day of /97 , 2007, in consideration of the attached Stipulation and Agreement of the above captioned parties, with the advice of their counsel, and upon motion of Robin J. Marzella, Esquire, attorney for James D. Tillman, III, it is hereby ORDERED that said Stipulation and Agreement for Custody shalt be adopted and made an Order of Court. B7yCOU, Cc J. Robin J. Marzella, Esquire, 3513 North Front Street, Harrisburg, PA 17 110. (717) 234-7828 James D. Tillman, III, 1070 Kuhn Road, Boiling Sprints„ ?"i`i' 3 0 ZOG7 PA 17007. (717) 579-6093 Heidi Pope (Tillman), 5134 Deerfield Avenue, Mechan1ch j,c,*rQj that the foregoing Is a PA 17050. (717) 215-9468 true and correct CopyAof the original MI p "All O = n rT n FM M.e_ C )M 'n(= Prothonotary 6. IN. THE ,COURT OF COMMON PLEAS OF DAUPHIN COUNTY Heidi L. Pope (Tillman) L No. 1428-CV-2002-DC =s V. , Civil Action - Custody James. D. Tillman, III _ w? AN ENDED CUSTODY STIPULATION It is hereby agreed by and between the parties to the custody action, James. D. Tillman, III (Father) and Heidi L. Pope (Tillman) (Mother), the parents of Chase R. Tillman, date of-birth Ap;;l 6, 1998 and Tristan J. Tillman, date of birth June 16, 1996, that this Amendment shall modify the existing Custody Agreement, signed by the parties, and filed with the Court on dated April 22, 2004. The original Custody Agreement signed as an Order of Court by the Hon. Todd Hoover on November 12, 2002, herein after referred to as the "Original Agreement," are incorporated herein, but amended as follows: The parties hereby agree that: 1. Mother and Father will share joint legal custody of the children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of the child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other [-,-cords. 2. Alternate Weekends: The parents shall alternate custody of the i ? I t children from Friday at 5:00 p.m. until Sunday at 5:00 p.m. ;. W -davs: During the week, the Father shall have primary custody of the children. The Mother shall have custody of the children on Wednesday nights from 3:00 p.m. until 8.00 a.m_ Thursday at which time the children will be delivered to the school or the daycare provider. 4. Alternate Holidays: The parties shall alternate rights of custody on holidays. The holidays shall include Thanksgiving Day, Christmas, New Year's Day, Memorial Day, Independence Day, and Labor Day and the children's birthdays. Custody on these holidays shall be exercised from 9:00 a.m. until 8:00 p.m. 5. Sit*E mer Vacation: Mother shall have the right to two weeks, non-consecutive periods of custody during the children's summer vacation. NOW, THEREFORE, the parties hereby request, Agree and Stipulate that this Agreement shall be made into a Court Order of the Court of Common Pleas of Dauphin County as a Custody Order, with the same full weiaht, force, and effect as if it had been entered at a conclusion of a trial on the matter including the powers of the Court to enforce same by all the powers of the Court, including but not limited to Contempt of Court. This AGREEMENT AND STIPULATION shall be made into a Court Order, by parties presenting same to the Court but without further appearance by either party or his/her attorney and by mere reference to this paragraph. r - t 1 INVITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, set their hands and seats the date and year first above-written. ' i 7 Date: •1r'P ` D. Tillman, III Date: Heidi Pope/(Tillman) • e ti`'?tness From: "Tillman, James D." <jtillman@attiomeygeneral.gcvv> To: Heidi Subject: RE: Wed. Date: Jul 16, 2007 9:26 AM Since you are the reason they are in counseling I don't believe it is prudent. Robin told you that any future communication between us will have to go through the attorney's. You may have Mary send your request to Chris Menges. -----Original Message----- From: Heidi [mailto:heidiho70@earthlink.net] Sent: Monday, July 16, 2007 9:24 AM To: Tillman, James D. Subject: RE: Wed. I am their mother and have a right to know. All medical, and scholastic decisions are to be made together. I would like to talk with the therapist. I -----Original Message----- >From: "Tillman, James D." <jtillman@attorneygeneral.gov> >Sent: Jul 16, 2007 9:22 AM >To: Heidi <heidiho70@earthlink.net> >Subject: RE: Wed. >WHY? >-----Original Message----- >From: Heidi [maiIto: heidiho7O@earthlink. neti >Sent: Monday, July 16, 2007 9:21 AM >To: Tillman, James D. >Subject: Wed. >J- >I need the name of the boy's therapist, phone number and appt. times. >H CEXIHIIBIT http://webmail.pas.earthlink.net/wam/prin a-78692 4018 7/16/2007 17/19/2007 07:59 2499392 Web Mail Printable Message From: "Tillman, James D." <jdilman(§a=mcygeneral.gov> To: Heidi Ce Robin Marzella <Ryv1PAlla @?jmarzella-com> Subject: Psychologist lnfix mstion Drat= )ut 17, 2007 2:12 PM Attachments: Based on the advice of my attorney I am providing you with the following information: New Passages 3235 N. Yd Street Harrisburg, PA Psychologist name: Barbara Turk 717-234-3839 PAGE 02 Page I of I As for the school Issue my attorney feels that not only is it NOT contempt - its ridiculous to assume the boys can be registered in a school for which they are not qualified to attend. James D. Tillman Supervisory Special Agent Pennsylvania Office of Attorney General; Bureau of Criminal Investigations; Insurance Fraud Secdon/CRO 1600 Strawberry Square Harrisburg, PA 17220 (717)705-2328 1f 438 7/19/2007 Heidi (Tillman) Pope, IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN OF PENNSYLVANIA VS. CIVIL ACTION - CUSTODY James D. Tillman, III, Defendant NO. 1428-CV-2002-DC CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, and Robin Marzella, Esq., attorney of record, by First Class United States mail addressed as follows: Chris Menges, Esquire 145 East Market Street York, PA 17401 Robin Marzella 3513 N. Front Street Harrisburg, PA 17110 Date: ,L ,l Mary A Etter inger? 'RECEIVED 0 1 79P'ws COURT AD IN.S. IMAGED N. Christopher Menges, Esquire Menges, McLaughlin & Kalasnik, P.C. 145 East Market Street York, PA 17401 (717) 843-8046 Atty. I.D. #23166 ?? F 4Np? ARC DAp? PEN?a IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI (TILLMAN) POPE PLAINTIFF VS. JAMES D. TILLMAN, III, DEFENDANT, No. 1428-CV-2002-DC CIVIL ACTION - LAW ACTION IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of N. Christoaher Menses, Esquire whose address is MENGES, MCLAUGHLIN & KALASNIK, PC 145 East Market Street York, Pennsylvania 17401 Telephone: (717)843-0846 as Attorney for Defendant, James D. Tillman, III, in the above captioned case. DATE: N. CHRISTOPHEIP Sup. Ct. Atty. I.D. # ,ice i J CERTIFICATE OF SERVICE -?-- ?- 2008, 1, AND NOW, this " day o Beth Ann King, do hereby certify that I caused to be deposited into the United States Mail at York, Pennsylvania, postage prepaid, ordinary mail, a true and correct copy of the foregoing Entry of Appearance, for service upon Plaintiff's counsel as follows: Mary E. Etter Dissinger, Esquire DISSINGER & DISSINGER 28 North 32nd Street Camp Hill, PA 17011 Menges, McLaughlin & Kalasnik, P.C. r By: Beth 'neg., Paralegal for N. Christopher Menges, Esquire IMAGED Zh Z1:1 F3 c s - oM N. Christopher Menges, Esquire 2 -rI d Menges, McLaughlin & Kalasnik, P.C. ~ 145 East Market Street N York, PA 17401 (717) 843-8046 Atty. I.D. #23166 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI (TILLMAN) POPE No. 1428-CV-2002-DC PLAINTIFF VS. CIVIL ACTION - LAW JAMES D. TILLMAN, III, DEFENDANT, ACTION IN CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, TO WIT, comes the Defendant, James Tillman, III, by and through his attorneys, N. Christopher Menges, Esquire, of Menges, McLaughlin & Kalasnik, P.C., and files these Preliminary Objections to the Complaint whereof the following is a statement: IMPROPER VENUE 1. Plaintiff's Complaint seeks custody of Tristan Tillman, born June 16, 1996, and G Chase Tillman, born April 5, 1998. 2. The parties entered into an agreement regarding custody of their children on May 30, 2007, which was subsequently entered as an Order of Court by the Honorable Bruce F. Bratton, Judge. 3. The Court Order gave Defendant/Father primary custody of both children and Plaintiff/Mother rights of partial custody. 4. Plaintiff/Mother filed a Custody Complaint on October 1, 2008, in the Dauphin County Court of Common Pleas. 5. The Custody Complaint avers that Plaintiff/Mother, Heidi (Tillman) Pope and Defendant/Father, James D. Tillman, III, both reside in Cumberland County, Pennsylvania. 6. Plaintiff/Mother has resided in Cumberland County, Pennsylvania, since the summer of 2002. 7. Defendant/Father has resided in Cumberland County, Pennsylvania, since approximately April, 2005. 8. Both children were enrolled in school in Cumberland County in 2002, and have continuously attended school in Cumberland County since that time. In addition, both children participate in Little League and Midget Football, both leagues being located in Cumberland County. 9. Under 23 Pa. C.S. §5471, the Uniform Child Custody Jurisdiction and Enforcement Act applies to intrastate matters of jurisdiction. 10. Based on these facts, home county venue under 23 Pa.C.S.A. § 5421 lies in Cumberland County and there is no venue for the Court of Common Pleas of Dauphin County to hear this matter and decide custody. 11. The children have three (3) sets of grandparents, all of which are located in Cumberland County. In addition, many of Defendant/Father's witnesses are located in Cumberland County and as such, Dauphin County would be an inconvenient forum for the current custody matter. WHEREFORE Defendant/Father respectfully requests that Plaintiff/Mother's Complaint be dismissed for lack of subject matter jurisdiction, as well as any other relief which this Court would deem appropriate. Respectfully submitted, Menges, McLaughlin & Kalasnik, P.C. By ---? N. tstopher Menges, Esquire Attorney for Defendant/Father Attorney I.D. #23166 145 East Market Street York, PA 17401 (717) 843-8046 DATE: VERIFICATION I, JAMES D. TILLMAN, III, do hereby certify, subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing Defendant's Preliminary Objections are true and correct to the best of my knowledge, information and belief. Date: /0 ?e-lp CERTIFICATE OF SERVICE I, Beth Ann King, Paralegal, do hereby certify that on the 17th day of October, 2008, 1 caused to be deposited into the United States Mail at York, Pennsylvania, postage prepaid, ordinary mail, a true and correct copy of the foregoing Defendant's Preliminary Objections addressed as follows: Mary A. Etter Dissinger, Esquire DISSINGER & DISSINGER 28 North 32nd Street Camp Hill, PA 17011 Courtesy Copy To: Gerald S. Robinson, Esquire Custody Conciliator (Assigned to Case) 4407 North Front Street Harrisburg, PA 17110-1709 Menges, McLaughlin & Kalasnik, P.C. Dated: \, D- Beth Ann King, Paralegal N. Christopher Menges, Esquire Menges, McLaughlin & Kalasnik, P.C. 145 East Market Street York, PA 17401 (717) 843-8046 Atty. I.D. #23166 C ii r ) y p•Q A Z % •t ? 2 D -°o C -+C IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI (TILLMAN) POPE No. 1428-CV-2002-DC PLAINTIFF VS. CIVIL ACTION - LAW JAMES D. TILLMAN, III, DEFENDANT, ACTION IN CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, TO WIT, comes the Defendant, James Tillman, III, by and through his attorneys, N. Christopher Menges, Esquire, of Menges, McLaughlin & Kalasnik, P.C., and files these Preliminary Objections to the Complaint whereof the following is a statement: IMPROPER VENUE 1. Plaintiffs Complaint seeks custody of Tristan Tillman, born June 16, 1996, and Chase Tillman, born April 5, 1998. f 2. The parties entered into an agreement regarding custody of their children on May 30, 2007, which was subsequently entered as an Order of Court by the Honorable Bruce F. Bratton, Judge. 3. The Court Order gave Defendant/Father primary custody of both children and Plaintiff/Mother rights of partial custody. 4. Plaintiff/Mother filed a Custody Complaint on October 1, 2008, in the Dauphin County Court of Common Pleas. 5. The Custody Complaint avers that Plaintiff/Mother, Heidi (Tillman) Pope and Defendant/Father, James D. Tillman, III, both reside in Cumberland County, Pennsylvania. 6. Plaintiff/Mother has resided in Cumberland County, Pennsylvania, since the summer of 2002. 7. Defendant/Father has resided in Cumberland County, Pennsylvania, since approximately April, 2005. 8. Both children were enrolled in school in Cumberland County in 2002, and have continuously attended school in Cumberland County since that time. In addition, both children participate in Little League and Midget Football, both leagues being located in Cumberland County. 9. Under 23 Pa. C.S. §5471, the Uniform Child Custody Jurisdiction and Enforcement Act applies to intrastate matters of jurisdiction. 10. Based on these facts, home county venue under 23 Pa.C.S.A. § 5421 lies in Cumberland County and there is no venue for the Court of Common Pleas of Dauphin County to hear this matter and decide custody. 11. The children have three (3) sets of grandparents, all of which are located in Cumberland County. In addition, many of Defendant/Father's witnesses are located in Cumberland County and as such, Dauphin County would be an inconvenient forum for the current custody matter. WHEREFORE Defendant/Father respectfully requests that Plaintiff/Mother's Complaint be dismissed for lack of subject matter jurisdiction, as well as any other relief which this Court would deem appropriate. Respectfully submitted, Menges, McLaughlin & Kalasnik, P.C. By:------?' N. hristopher Menges, Esquire Attorney for Defendant/Father Attorney I.D. #23166 145 East Market Street York, PA 17401 (717) 843-8046 V) DATE: `??`?? VERIFICATION I, JAMES D. TILLMAN, III, do hereby certify, subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing Defendant's Preliminary Objections are true and correct to the best of my knowledge, information and belief. Date: %a `y S CERTIFICATE OF SERVICE I, Beth Ann King, Paralegal, do hereby certify that on the 17'b day of October, 2008, I caused to be deposited into the United States Mail at York, Pennsylvania, postage prepaid, ordinary mail, a true and correct copy of the foregoing Defendant's Preliminary Objections addressed as follows: Courtesy Copy To: Mary A. Etter Dissinger, Esquire DISSINGER & DISSINGER 28 North 32nd Street Camp Hill, PA 17011 Gerald S. Robinson, Esquire Custody Conciliator (Assigned to Case) 4407 North Front Street Harrisburg, PA 17110-1709 Menges, McLaughlin & Kalasnik, P.C. Dated: D-- Beth Ann King, Paralegal MAGED rv c:. m ? O C Zz w 2 C" A C = 2 .{ F ca N. Christopher Menges, Esquire Menges, McLaughlin & Kalasnik, P.C. 145 East Market Sweet York, PA 17401 (717) 843-8046 Atty. I.D. #23166 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI (TILLMAN) POPE No. 1428-CV-2002-DC PLAINTIFF VS. CIVIL ACTION - LAW JAMES D. TILLMAN, III, DEFENDANT, ACTION IN CUSTODY PRAECIPE TO WITHDRAW DEFENDANT'S PRELIMINARY OBJECTIONS TO THE PROTHONOTARY: Please withdraw Defendant's Preliminary Objections filed in this case. Menges, au n & Knik, P.C. DATE: ?b ? Z(--o By: N. Christ her enges, Esquire Attorney fopViefendant/Father Attorney I.D. #23166 145 East Market Street York, PA 17401 (717) 843-8046 o ? rr ?r*? c ??fl ?C7 -C CERTIFICATE OF SERVICE AND NOW, this 2e day of ?J,-Vo bc* - , 2008, I, Beth Ann King, do hereby certify that I caused to be deposited into the United States Mail at York, Pennsylvania, postage prepaid, ordinary mail, a true and correct copy of the foregoing Praecipe to Withdraw Defendant's Preliminary Objections, for service upon Plaintiffs counsel as follows: Mary E. Etter Dissinger, Esquire DISSINGER & DISSINGER 28 North 32nd Street Camp Hill, PA 17011 Menges, McLaughlin & Kalasnik, P.C. By. Beth Ann King, Parale 1 for N. Christopher Menges, Esquire " •s.? go IN of 0, , HEIDI L. TILLMAN, Plaintiff, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. JAMES D. TILLMAN, JR., Defendant. NO. 1428-CV-2002-DC CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Gerald S. Robinson, the Conciliator, on the 13th day of May, 2002 at 11:00 AM, on the 4th floor of Dauphin County Courthouse;Rront and Market Streets, Harrisburg, Pennsylvania, for the Pre-Hearing Custody Cmferen?. At 771 such conference, an effort will be made to resolve the issues in dispute; or if this cart-not tom; accomplished, to define and narrow the issues to be heard by the Court, and to eaiie into a Temporary Order. Failure to appear at the conference may provide grounds for lntry of a; temporary or permanent Order. For the Court, _ Date: April 15, 2002 By: Gerald S. Robinson, Esquire Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Services 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 IN THE COURT OF COMMON PLEAS HEIDI L. TILLMAN, Plaintiff VS. JAMES D. TILLMAN, JR., Defendant ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , the Conciliator on the day of 2002, at m. at , Harrisburg, Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may, at the request of either attorney or party, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT, Date of Order: OF DAUPHIN COUNTY, PENNSYLVANIA /qak_C V CIVIL ACTION - LAW NO. IN DIVORCE AND CUSTODY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, Pennsylvania 17101 717-232-7536 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin 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. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW -Gv ,?' ?? z_ k7C> VS. NO-I< JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant NOTI CE TO DE FEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 717-232-7536 NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archival en la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomard medidas y puede entrar una brden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL, SERVICE 213 North Front Street Harrisburg, PA 17101 717-232-7536 Attorney L 09 x t.i 1 f IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA i HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NO./?4,-XQ ' G v r2?02i - JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, Room 101, Dauphin County Court House, Harrisburg, Pennsylvania, 17101. Prothonotary IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff CIVIL ACTION - LAW VS. NOI7?'" JAMES D. TILLMAN, JR., IN DIVORCE AND CUSTODY Defendant CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Heidi L. Tillman, a citizen of Pennsylvania, residing at 6977 Sterling Road, Harrisburg, Dauphin County, ;Pennsylvania, 17112. 2. Defendant is James D. Tillman, Jr., a citizen of Pennsylvania, whose current mailing address is P.O. Box 6758, Harrisburg, Pennsylvania. 3. Plaintiff and Defendant are sui 'uris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on October 21, 1995, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. i 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other ZIli] TO PZ IN'! jurisdiction. e ?/ a r 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may jalso file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 1. ? I ¦ r , 4 ` 4^ r 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, ;',pursuant to 3301(d) of the Divorce Code. COUNT III Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 19. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(x) of the Divorce Code. COUNT IV Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 20. The prior paragraphs of this Complaint are incorporated ,herein by reference thereto. 21. Plaintiff is unable to sustain herself during the course of litigation. 22. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 23. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor. COUNT V Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff has employed the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 26. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Request for Confirmation of Custody Under 3104 Divorce Code 27. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 28. Plaintiff is Heidi L. Tillman, residing at 6977 Sterling Road, Harrisburg, Dauphin County, Pennsylvania, 17112. 29. Defendant is James D. Tillman, Jr., whose current mailing address is P.O. Box 6758, Harrisburg, Dauphin County, Pennsylvania. 30. Plaintiff seeks custody of the following children: Name Present Residence Age Tristan J. Tillman 6977 Sterling Road 5 years Harrisburg, PA 17112 Chase R. Tillman 6977 Sterling Road 3 years Harrisburg, PA 17112 31. The minor children were not born out of wedlock. 32. The minor children are presently in the custody of Plaintiff who resides at 6977 Sterling Road, Harrisburg, Dauphin County, Pennsylvania, 17112. COUNT VI 33. During the past five (5) years, the minor children have resided with the following persons at the following addresses: Person Address Date James D. Tillman, Jr. Heidi L. Tillman Tristan J. Tillman 6977 Sterling Road Harrisburg, PA 17112 06/16/96 to present James D. Tillman, Jr. 6977 Sterling Road 04/05/98 Heidi L. Tillman Harrisburg, PA 17112 to present Tristan J. Tillman Chase R. Tillman 1 l ]OF* 34. The mother of the minor children is Plaintiff, Heidi L. Tillman, who currently resides at 6977 Sterling Road, Harrisburg, Dauphin County, Pennsylvania, 17112. 35. She is married to Defendant, James D. Tillman, Jr. 36. The father of the minor children is Defendant, James D. Tillman, Jr., who currently resides at an unknown location in Harrisburg. His mailing address is P.O. Box 6758, Harrisburg, Dauphin County, Pennsylvania. 37. He is married to Plaintiff, Heidi L. Tillman. 38. The relationship of Plaintiff to the minor children is that of mother. The Plaintiff currently resides with the minor children only. 39. The relationship of Defendant to the minor children is that of father. The Defendant currently resides with a friend whose name is unknown. 40. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor children in this or another court. 41. Plaintiff has no information of a custody proceeding concerning the minor children pending in a court of this Commonwealth. 42. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation rights with respect to the jminor children. I 43. The best interest and permanent welfare of the minor children will be served by granting the relief requested because Plaintiff has been the primary caretaker of the minor children since their birth. 44. Each parent whose parental rights to the minor children has not been terminated and the person who has physical custody of the minor children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the minor children will be given notice of the pendency of this action and the right to intervene: NONE 45. Defendant, James D. Tillman, Jr., shall have the right to reasonable visitation with the minor children. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody to Plaintiff and that Defendant be granted reasonable rights of visitation. Respectfully submitted, DISSINGER and DISSINGER ? a? a. caa a.+. acv caai uu?.. +• y f U A torney for P ainti Supreme Court ID # 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 i •?• , ,a N, VERIFICATION I, Heidi L. Tillman, verify that the statements made in the Divorce Complaint 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 fals -A IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA HEIDI L. TILLMAN, Plaintiff VS. JAMES D. T I LLMAN, JR . , Defendant CIVIL ACTION - LAW NO. 1428-CU-2002-DC IN DIVORCE AIM CUSTODY-` AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA . ss .. COUNTY OF CUMBERLAND ?a -t o rsa Karen L. Koenigsberg, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the I Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated March 29, 2002 attached hereto as Exhibit "A". Ka en L:- Koe gsbe Attorney for lainr ff Supreme Court ID #85556 28 North Thirty-second &eet Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed before me is / 0t day of 2002. Notary Public NOW?_ ? . , .? ... ,. fin, Pdbk .J*I 't . . ¦ Complete items 1, 2, and 3. Also complete g?ceiv tease Print Cfea R. D ® of pall, item 4 if Restricted Delivery is desired. ?? ¦ not your name and address on the reverse o that we can return the card to you. gnature ? Agent ¦ Attach this card to the back of the mailpiece, or on the front if space permits. ? Addres D. a ad r t from item 1? 13 Yes 1. Article Addressed to: f *nnter deliv a below: ? No James D. Tillman, Jr. N P. O. Box 6758 N, J Harrisburg, Pik 1 71 05 3. Service ype 10 CerdW Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) M Yes 2 Article Number (Copy from service label) 700 0520 0021 0351 4864 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-OW EXHIBIT "A" w?r T a ? a d p`- Q s? d r`' CZA l 1 i . cc . . . A HEIDI (TILLMAN) POPE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - CUSTODY JAMES D. TILLMAN, Defendant NO. Cjv,? T?=ftM MOTION TO APPOINT CUSTODY CONCILIATOR 1. Plaintiff is Heidi Pope, natural mother of the two (2) minor children of the parties herein. 2. Defendant is James D. Tillman, III, natural father of the two (2) minor children of the parties herein. 3. The Honorable Judge Bruce F. Bratton of Dauphin County has presided over this matter in the past. 4. Plaintiff filed a Motion to Transfer records from Dauphin County to Cumberland County on October 24, 2008. 5. By way of an Order dated October 29, 2008, Dauphin County Courts granted Plaintiff's Motion and the Dauphin County Prothonotary was directed to transfer the matter to Cumberland County. 6. No Cumberland County Judge has been assigned. 7. Plaintiff herein requests that a Custody Conciliator be appointed in this matter pursuant to Plaintiff's Petition to Modify Custody which was filed in Dauphin County on October 1, 2008, but not heard, prior to the transfer of the matter from Dauphin County to Cumberland County. 8. Defendant's counsel, Christopher Menges, Esq., has been notified in advance of Plaintiff's intentions to file this Motion to Appoint Custody Conciliator and has not objected to the same. Wherefore, Plaintiff respectfully requests the Honorable Court of Cumberland County to appoint a custody conciliator in this matter. Respectfully Submitted: DISSINGER AND DISSINGER Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court I.D. #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 HEIDI (TILLMAN) POPE, Plaintiff VS. JAMES D. TILLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. Df, (9 Gov CJj h<µ CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esq., hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, by First Class United States mail addressed as follows: Chris Menges, Esquire 145 East Market Street York, PA 17401 -, od..'?ej ---- Date: L?Yt- `- ?-°- Mary A. Etter Dissinger :. . Li { C., co G:7 HEIDI (TILLMAN) POPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES D. TILLMAN DEFENDANT 2008-6960 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 03, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, January, 05, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ohn J. Mangan, Jr., Esp. 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 ENO A :iCA?H LO6d 3H1 J0 t F1B 0 2 HEIDI (TILLMAN) POPE : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-6960 Civil Term JAMES D. TILLMAN Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this &d day of February 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the o n day of C. , 2009 at e6 am/pw in Courtroom number in the Cum erland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving parry 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. 3. Legal custody: The Mother, Heidi L. Pope, and the Father, James D. Tillman, shall have shared legal custody of Chase R. Tillman, born 04/05/1998 and Tristan J. Tillman, born 06/16/1996. The parties shall have an equal right 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. Mother shall have physical custody of the Children on alternating weekends from Friday 5:00 pm until Sunday 5:00 pm. b. Mother shall have physical custody of the Children every Wednesday from 3:00 pm until 8:00 am Thursday morning at which time the Children will be delivered to school. C. Mother shall have additional periods of physical custody of the Children as the parties may mutually agree. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parties shall alternate rights of custody on holidays. The holidays shall include Thanksgiving Day, Christmas, New Year's Day, Memorial Day, Independence Day and Labor Day and the Children's birthdays. Custody on these holidays shall be exercised from 9:00 am until 8:00 pm. 7. The Children shall remain in their current school district absent mutual agreement or further Order of Court. 8. Vacation: Mother shall have two non-consecutive weeks of vacation with the Children during the summer. Mother shall give Father 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. Prior to departure, Mother will provide Father with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other parry, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE A J. }istribution: / ary Dissinger, Esq ,. C is Menges, Esq., 145 East Market St., York, PA 17401 h J. Mangan, Esq. i'ES mat?- a/y?v?r "'-Ml 7?' ?,?~. '? ??? s :+ ? ? ?? ?? HEIDI (TILLMAN) POPE Plaintiff V. JAMES D. TILLMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-6960 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Chase R. Tillman 04/05/1998 Primary Father Tristan J. Tillman 06/16/1996 Primary Father 2. A Conciliation Conference was held on January 23, 2009 with the following individuals participating: The Mother, Heidi L. Pope, with her counsel, Mary Dissinger, Esq. The Father, James D. Tillman, with his counsel, Chris Menges, Esq. 3. Mother's position on custody is as follows: Mother requests a modification of the current custody situation so that she has primary or at least shared physical custody of the Children. Mother has concerns regarding Father cooperating in providing information relating to school and counseling issues. Mother currently resides in Mechanicsburg and is employed full time. Mother currently has the Children on alternating weekends and every Wednesday overnight. Mother asserts that her current living situation is stable. Mother is willing to have the Children remain in their current school district and is willing to transport the Children to school. There appears to be a significant lack of communication/animosity between Mother and Father. Mother is willing to participate in some form of "co-parenting" counseling. Mother and her counsel suggest that an appointment of a guardian ad litem for the Children would be appropriate and requests that the Court consider said appointment of a GAL. Mother avers that she felt pressured into the current custodial situation and that it was her understanding that Father having primary custody was temporary until she could resolve some issues in her life. Mother maintains that those issues have resolved and she can offer the Children a stable environment. Mother asserts that the Children are requesting more time with her and would like at least a shared custody arrangement. 4. Father's position on custody is as follows: Father asserts that the current situation with him having primary custody is in the Children's best interest. Father maintains that he has created a stable loving environment for the Children. Father asserts that the Children are doing very well in his care and he does not want to alter the current custodial situation. Father maintains that he had been very flexible with Mother's custodial time with the Children. Father asserts that Mother has a pattern of unstable housing and relationships. Father does not agree to engage in any "co-parenting" counseling. Father does not feel that an appointment of a GAL is necessary or appropriate. Father asserts that Mother does not have appropriate sleeping arrangements for the Children. Father indicates that he believes that Mother inappropriately involves the Children in discussing custodial litigation. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: anEs uir Jo J. tod ra og q Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI (TILLMAN) POPE No. 08-6960 Civil Term PLAINTIFF VS. CIVIL ACTION - LAW JAMES D. TILLMAN, III, DEFENDANT, ACTION IN CUSTODY PETITON FOR CONTEMPT 1) Petitioner is James D. Tillman, the above captioned Defendant and Fat er of the two children of this matter, they being Tristan J. Tillman, born June 16, 1996 and Chase R. Tillman, born April 5, 1998. Respondent is Heidi Pope, the above captioned Plaintiff ?nd the Mother of the same two children. 2) A court order relative to Custody was entered by this Court on the thir4 day of February, 2009, per the Honorable Kevin A. Hess, Judge to the Court of Common Cumberland County, Pennsylvania, which confirmed, inter alia, the same custodial that had been in effect per the Dauphin County Court of Common Pleas Order of N filed at Dauphin County No. 1428-CV-2002-DC. 3) Respondent/Plaintiff/Mother has willfully failed to abide by the said on Sunday night, February 15, 2009, at the conclusion of her normal weekend period custody, she did not return the children or allow the children to be returned to Father on 5:OOP.M. Sunday, February 15, 2009. She unilaterally told Father that she was dentist on Monday, February 16, 2009 and she would return them to Father on February 17, 2009. 4) This was all in violation of the court order and was a willful failure to aforesaid custody order and, as a result, she is in contempt of court. Respondent has of 30, 2007 in that partial them to the morning, the this kind of thing in the past. WHEREFORE, Petitioner prays the Honorable Court that Heidi Pope, Respondent/Plaintiff/Mother be held in contempt of court and inter alia, she be ordered to reimburse Petitioner for his attorney's fees for the drafting and filing of this petition. Respectfull N. Christopher M ng , Esquire Attorney for Peti ' r/Defendant Sup Ct. ID 23166 Menges, McLaughin & Kalasnik, P.C. 145 East Market Street York, PA 17401 . . I VERIFICATION I verify that the statements made in this Petition for Contempt, 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: ;?-^ U '?' d - r ; -?.,, ,,_, , ?, p - ?_?? ?s? V ? c? ;"? _ ?,? ? {-? j ?: ? f Po...,.y _..._. f .. •_t i .'....j ? wY.. .?++' .. 1, a HEIDI (TILLMAN) POPE, Plaintiff VS. JAMES D. TILLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 08-6960 CIVIL TERM MOTION TO RESCHEDULE AND NOW comes Mary A. Etter Dissinger, counsel for Heidi (Tillman) Pope and requests the court to reschedule the hearing currently scheduled for February 3, 2009 in support of the motion avers as follows: 1. Movant is counsel for the Plaintiff, Heidi (Tillman) Pope. 2. Respondent is represented by Christopher Menges. 3. Petitioner herein has another matter scheduled on April 22, 2009, which matter was scheduled before February 3, 2009. 4. Movant herein is bound to appear in the other matter as it is the second day of the continued hearing. 5. Christopher Menges, Esquire has no objections to the rescheduling of this custody hearing .. . 6 WHEREFORE, it is respectfully requested that the custody hearing, currently scheduled for February 3, 2009 be rescheduled to another date and time. Respectfully Submitted, DISSINGER AND DISSINGER Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 . -a HEIDI (TILLMAN) POPE, Plaintiff VS. JAMES D. TILLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 08-6960 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing document has been duly served upon Steven Howell, Esquire and Carol Lindsay, Esquire, by depositing same in the United States Mail, postage prepaid, addressed as follows: Chris Menges, Esquire 145 East Market Street York, PA 17401 Date: -d0-Z S 2009 ary A. tter Dissinger Attorney for Plaintiff cti U -T- i HEIDI (TILLMAN) POPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES D. TILLMAN, III DEFENDANT 2008-6960 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 08, 2009 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ohn . Mangan-9 It, 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 ;W 4 4V ` } V 1 Jy` t? 1 a }iS Ql. .'.{Jt CL r ?S 4 FEB 2 6 20N, 6i HEIDI (TILLMAN) POPE, Plaintiff VS. JAMES D. TILLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 08-6960 CIVIL TERM ORDER AND NOW this _ day of ? ? 2009, upon motior for counsel of Plaintiff, the hearing previously scheduled for February 3, 2009 is rescheduled to 2009 at Q a.m. in the Cumberland County Courthou e, courtroom number By The Court, Distribution: ?ristopher Menges, Esq., 145 East Market Street, York, PA 17401 /[vary A. Etter Dissinger, Esq. 28 N. Thirty-Second St., Camp Hill, PA 17011 10 1h C- VWM' "w4w jo HEIDI (TILLMAN) POPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-6960 CIVIL JAMES D. TILLMAN, Defendant IN CUSTODY ORDER AND NOW, this & ' day of March, 2009, at the request of counsel for the plaintiff and with the concurrence of counsel for the defendant, hearing in the above-captioned matter set for May 27, 2009, is continued to Friday, June 12, 2009, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ? Mary A. Etter Dissinger, Esquire For the Plaintiff Christopher Menges, Esquire For the Defendant :rlm r rn 4 w-f i ?r en ? HEIDI (TILLMAN) POPE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY . PENNSYLVANIA VS. CIVIL ACTION - CUSTODY JAMES D. TILLMAN, Defendant NO. 08-6960 CIVIL TERM MOTION TO ENTER CUSTODY STIPULATION AND ORDER AND NOW comes Mary A. Etter Dissinger, counsel for Heidi (Tillman) Pope and requests the court to enter the Custody Order attached hereto as Exhibit A. 1. The parties wish settle their custody matter. 2. The parties have signed a Stipulation reflecting their agreement which is to be entered as an Order of Court. (See copy of Stipulation attached as Exhibit B.) 3. The Stipulation and Agreement of the parties has been filed of record. 4. Counsel for the parties agree and have signed the Stipulation requesting the Court to enter the Stipulation as an Order of Court. 5. This case has been assigned to the Honorable Kevin A. Hess. WHEREFORE, it is respectfully requested that the attached Order be entered in regard to the custody of the minor children. Respectfully Submitted, DISSINGER AND DISSINGER Mary A. E ter Dissinger Attorney for Plaintiff Supreme Court ID #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 -fax Heidi (Tillman) Pope, Plaintiff Vs. James D. Tillman, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 08-6960 CIVIL TERM Stipulation and Agreement of the Parties AND NOW comes Heidi (Tillman) Pope, Plaintiff and James D. Tillman, III, Defendant and requests the Court to enter the attached Custody Order and agree as follows: 1. Plaintiff is Heidi (Tillman) Pope. 2. Defendant is James D. Tillman, III. 3. Plaintiff filed a Petition to Modify Custody on October 1, 2008. - c l' ? FILED-,.,?- v'J' ©F THE' W",? rR-` . `'' TAPY 2009 MAY -5 Pfd 1: 4 7 VViY,?4.;?, L..•"L 4i...? 1?.'t+.l i.it V i?+. MAY 6 6 2000(„ Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 -fax Heidi (Tillman) Pope, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA Vs. CIVIL ACTION - CUSTODY James D. Tillman, III, . Defendant NO. 08-6960 CIVIL TERM ORDER r And now this // day of /n,4 2009 is hereby ordered and decreed as follows: 1. Plaintiff's Petition to Modify is withdrawn. 2. Defendant's Petition for Contempt is withdrawn. 4 3. The parties shall henceforth be bound, until further order 2O 1 ES' /'n a t LPL s/iz?og ?r? -At LU <* ?C . . 0- Q CIQ . 1 HEIDI (TILLMAN) POPE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY . PENNSYLVANIA VS. CIVIL ACTION - CUSTODY JAMES D. TILLMAN, Defendant NO. 08-6960 CIVIL TERM MOTION FOR LEAVE TO WITHDRAW APPEARANCE And now comes Petitioner, Mary A. Etter Dissinger, Esquire, counsel of record for Plaintiff, Heidi (Tillman) Pope, and respectfully requests this Honorable Court grant her Motion for Leave to Withdraw Appearance, and in support of her request, Petitioner avers as follows: 1. Petitioner is Mary A. Etter Dissinger, Esq., counsel for Plaintiff in the above captioned matter. 2. The Honorable Judge Kevin A. Hess has presided over this matter. 3. On May 5, 2009, a Stipulation and Agreement of the Parties was filed with the Court. 4. On May 11, 2009, an Order was issued withdrawing Plaintiff's Petition to Modify and withdrawing Defendant's Petition for Contempt. 5. By way of telephone message from Plaintiff to Petitioner's office dated May 29, 2009, at 8:35am, Petitioner was informed that her services were no longer needed. (See attached Exhibit "A") 6. By this Motion, Petitioner requests to be withdrawn as counsel of record for Plaintiff in this matter. 7. Plaintiff has been notified of Petitioner's intent to file said Motion and does object / does not object/ has not responded. 8. Counsel for Defendant has been notified of Petitioner's intent to file said Motion and does object / does not object/ has not responded. WHEREFORE, Petitioner respectfully requests to be withdrawn as counsel for Plaintiff in the above captioned matter. Respectfully Submitted: Mary A. t r DPetitioner 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 - fax ?v no;rr I?iv!r_ inn p t F-ROv flF NE CELL; , OF O FAX j E teQC?a2? n r n s m S' E'A M ! G??,? . clCZ,! O F M IL ADDRf S SIhNF ) ?_ E PNONED C f I RETURNED I WANTS TOF WII L CALL 'WAS IN j UNGENT QK -j j QALi. aEE YOU ;AGAIN .-- ro _ C /))` EXHIBIT N HEIDI (TILLMAN) POPE, Plaintiff VS. JAMES D. TILLMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 08-6960 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for the Defendant, and upon Plaintiff, by First Class United States Mail addressed as follows: Chris Menges, Esquire 145 East Market Street York, PA 17401 AND Heidi Pope 509 Bedford Court Mechanicsburg, PA 17050 Date: ?-H Mary A. Etter Dissinger Petitioner 2099 Ju i r, JUN i"S 2009 rn HEIDI (TILLMAN) POPE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - CUSTODY JAMES D. TILLMAN, Defendant NO. 08-6960 CIVIL TERM RULE TO SHOW CAUSE And now this /g` day of , 2009, a Rule to Show Cause is issued upon Plaintiff and Counsel for Defendant as to why Petitioner should not be granted the Motion for Leave to Withdraw Appearance. Rule returnable 10 days from date of service. By the Court: Distribution: Chris Menges, Esq., - 145 East Market Street, York, PA 17401 -'H'eidi Pope, 509 Bedford Court, Mechanicsburg, PA 17050 ,'Mary A. Etter Dissinger, Esq., - 28 N. 32nd St. Camp Hill, PA 17011 0-0 I es rrt>-t. QCC 2009 JUG 19 AM 10: 3119 x { F t ) \