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HomeMy WebLinkAbout04-2590 HEATHER TUTTLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 64 - ~SqD CI(.)~L'-r~ : CIVIL ACTION - LAW v. DOUGLAS TUTTLE, : IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim of 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. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA nON 32 S. Bedford Street Carlisle, P A 170 I3 (800) 990-9108 or (717) 249-3166 HEATHER TUTTLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 04 -JSW) C!/u~L'-rEa...I''1 : CNIL ACTION - LAW v. DOUGLAS TUTTLE, : IN DNORCE Defendant COMPLAINT DIVORCE UNDER SECTION 330I(c) and (d) OF THE DIVORCE CODE AND NOW COMES Plaintiff, Heather Tuttle, by her attorney, Jay R. Braderman, Esquire, and respectfully represents as follows: 1. Plaintiff, Heather Tuttle is an adult individual residing at 5699 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Douglas Tuttle is an adult individual residing at 766 Dogwood Terrace, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. Both Plaintiff and Defendant have been bonafide residents in the Commonwealth of Pennsylvania for at least 6 months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married in Cumberland County, Pennsylvania on May 20, 2000. 5. There have been two children born of this marriage, Angus Tuttle, born August 13, 2000 and Dara Tuttle, born August 28, 2002. 6. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301 (d). The marriage of the parties is irretrievably broken. The date of separation was on or about May I, 2004. 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce from the bonds of matrimony. Respectfully Sui>mitted, rman, Esqui Id. . 07047 6 Locust Street P. O. Box 1I489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff 3 HEATHER TUTTLE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. v. CIVIL ACTION - LAW DOUGLAS TUTTLE, IN DIVORCE Defendant AFFIDAVIT HEATHER TUTTLE, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4909 relating to unsworn falsification to authorities. ~. ~) Heather Tuttle VERIFICATION Upon my personal knowledge or information and belief, I hereby verifY that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Date: <0/2/0<4, ~\ 0') c ~J )- Heather Tuttle I verifY that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. Date: Attorney For Plaintiff 0 ~ A) '-- #. 'l ...c C) () (-'- 1-<"> '-- ':-.-') ( -l '-.J , -il lJ1 - "-> , -l - T ...0 ~ ;--:'1 -u w " ....0 p:: . $- ;-'::;0 '__ J HEATHER TUTTLE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-2590 Civil TI~rm : CIVIL ACTION - LAW DOUGLAS TUTTLE, : IN DNORCE Defendant AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 8, 2004. 2. The marriage between 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 ofa final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses in do not claim them before a divorce is granted. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date:~ ~___CJ~~ --, Heather Tuttle SSN: 175-48-4738 n '" 0 C.::'l c~; s..~ ., !', (/) ::;::l '" ____-r'o -0 rnl.:-,,- -0 OJ <.11 :\J9 q,Q 4'~-\ 1 -V >~~~ ~-:: C.) U :.~-} :~ ~..q -c OJ - - HEATHER TUTILE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-2590 Civil Term : CNILACTION -LAW DOUGLAS TUTTLE, : IN DIVORCE Defendant I. I consent to the entry of a final decree of divorce without notice. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 understand 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. g4904 relating to unsworn falsification to authorities. Date: ~ ~---c~~-'c~=,~ Heather Tuttle SSN: 175-48-4738 01" C) c~ .'::':, '" c=> C;;) .".- U) rn -c.: o .." :;:I-n nlr:=-~ '."'IOI'- -_"S, '~~<;) "~1.,: ~h ~~\f-?\ c.!1 -:1 -;''-,'. -',- (1':' e:':':", O? -- HEATHER TUTTLE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2590 Civil T,erm v. : CIVIL ACTION - LAW DOUGLAS TUTTLE, : IN DNORCE Defendant AFFIDAVIT OF CONSErrr I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 8, 2004. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of thf: Complaint. 3. I consent to the entry of a final decree in divorcf: after service of Notice onntention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses in do not claim them before a divorl~e is granted. I verifY that the statements made in this affidavit are truf: 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. Dougl SSN: Date:.,g- \~-ay Q ):. .....' (:.-':) 5~ <[, C-:~ v -) ~=n .-J ::L-,-; n~p ~)~~); S?~\Ti :J.:'J. "" G -- .-.- r.;-? 0:> HEATHER TUTTLE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2590 Civil T,erm v. : CIVIL ACTION - LAW DOUGLAS TUTILE, : IN DNORCE Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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! 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 understand 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 F'a. C. S. g4904 relating to unsworn falsification to authorities. Date: q - ~ ~ -DL.\ --" -. Dou as Tuttle SSN: 215-92-2874 C) ::; S:~~. s .-<~ co r-> ",~,::'1 C~:.) ",- (i) ~~ ~ 1.../ -n .--1 -:c. ~.-, i-Ii].:.::'; -d\:g ~?\~~~, ~~~)\ ~n -<:'1 ~:". c.) ;':'~l -: O-{ ;J.S'9D (!t()~C 1'UL.'J CERTIFICATE OF SERVICE . Complete items 1, 2, and 3. Also complete Kern 4 K Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permtts. r<\ r. Qo'^"b\O-~ ~\e..- -::}. Cols> Oo'awood -'\ ~<.: (30, \.\ ,,~5~r' ('o.,~S, ~ \~OOT Yes No ~f. U/:' , 1. Article .Apdressed to: 2. ArtIcle Number . ~'> (T/!ImWhm _label) PS Form 3811. August 2001 Type Ifled Mall 0 Exp Mall o Registered D Retum eceipt for Merchandise o Insured Mall 0 C.O.D. 4. R_cted DoIlveIy? (/ExtrB Fee .. 7DG2 3150 0000 6071 287 Domestic Return ReceIpt 102595-02-M-1540 o o Certified fee o o Return Reciept Fee $1.75 (EndorsemenIRequired) 80lLIllG ~1I6S PI\ 17007 I'- I'- '" ru r'1 I'- o ..D Postage $ o Restricted Delivery fee U") (Endorsement Aequired) r'1 !TI Total Postage & Fees $3.50 $ $8.15 ru o o I'- (; <-:. .-> c:? (::::;) <-" :t."" -0 :;;J - - " -f,.'... o -1"1 -t ~?1 '--"CQ-.1 ~-(.\CJ ~)~ (~<.'o. ,'':::;T:':'':' -\'['\ i;~} t....) I" ';;:1 :;::1 I " HEATHER TUTTLE : IN THE COURT OF COMMON PL AS : CUMBERLAND COUNTY, PENN YL VANIA Plaintiff : NO. 04-2590 Civil Term v. : CIVIL ACTION - LAW DOUGLAS TUTTLE, : IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, t the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Se tion 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: June 12,2004 b U.S. Certified Mail, Restricted Delivery, Return Receipt Requested, No. 7002 3150 0000 6071 28 . A copy of which is attached hereto. 3. Date of execution of the Affidavit required by Section 33 I(d) of the Divorce Code: September 13, 2004 by Plaintiff. By Defendant, Septembe 13, 2004. Both , Affidavits of Consent were filed with the Prothonotary of Cumberland County on September 15,2004. 4. There are no related claims pending. 5. Indicate date and manner of service of the Notice ofInte tion to File Praecipe to Transmit Record, and attach a copy of said Notice under ections 3301(c) or 3301(d)(I)(i) of the Divorce Code: Plaintiffs Waiver executed on eptember 13, 2004. Defendant's Waiver executed on September 13, 2004. Both Waivers were filed with the Prothonotary of Cumberland County on September 15, 2004. Date: " Attorney For Plaintiff --" -~ --~- ~ ~ :;po -0 '7:;) - - -1':' o -n %? ('";'1 'f:-?I,~S ,~~.::; ~ <.C,;~{_,.~ ~.~~~\ 1 -,;":: :() '.. Cb :,.<. c..) f'" ------- .' " 0"1- :Jf"q6 Ct~tL ~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this+~ day of::=S::\, t ' 2004, by and between Douglas Tuttle, hereinafter called "Husband," and Heather Tuttle, hereinafter called "Wife." WITNESSETH: WHEREAS, Husband and Wife were legally married on May 20, 2000; and WHEREAS, two children were born ofthis marriage; and WHEREAS, differences have arisen between Husband and Wife III consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. The parties agree that they have been living separate and apart at least since May 1, 2004. 2. INTERFERENCES Each party shall be free from interference, authority and control 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 or attempt to endeavor to molest the other, or in any .' way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF REAL PROPERTY The parties own real estate, the former marital home, located at 766 Dogwood Terrace, Boiling Springs, Cumberland County, Pennsylvania, 17007. Said real estate is under contract to be sold and sale of the premises is scheduled for July 16, 2004. The sale proceeds will be distributed as follows: a) Costs of sale, including brokerage commissions, transfer fees and real estate tax allocation will be deducted from gross proceeds. b) An existing home equity loan balance will be paid. c) Husband shall receive the sum of $29,000.00 in full and final settlement of any claims he may have for equitable distribution of the house proceeds. Said sum to Husband recognizes his agreed entitlement to $30,000.00 less $1,000.00 payable to Wife at settlement for a repayment of a loan Wife made to Husband's mother. The acceptance of $29,000.00 by Husband recognizes the fact that Wife paid for the home exclusively from her funds and that the parties executed a pre-nuptial agreement preserving assets to each of the parties in the event of a divorce. d) The balance ofthe house sale proceeds belong to and to be given to Wife. 4. DIVISION OF PERSONAL PROPERTY a) Husband shall retain as his sole and separate property: his bed, including mattress, boxspring and headboard; couch and "Lazy Boy" chair in "man's" family room; Sony television and stand in "man's" farnily room; exercise equipment and his tools. 2 .' b) Wife shall retain as her sole and separate property all remaining furniture and furnishings and miscellaneous personal property not specifically awarded to Husband. 5. EQUITABLE DISTRIBUTION Except as specifically provided for in this Agreement, the parties agree that they have satisfactorily equitably divided all their marital property. 6. PENSIONS Each party shall retain as their sole and separate property any pension benefits in their own narne including, but not limited to, IRAs, 401(k) plans, 403(b) plans, or other pension benefits, including disability benefits. 7. MOTOR VEHICLES The parties agree that Husband will retain as his sole and separate property a 2002 Chevrolet Silverado truck and a 2001 Harley Davidson motorcycle. Wife will retain as her sole and separate property a 2003 Dodge Caravan. S. CREDIT CARDS Each party shall assume sole responsibility for the credit card in their name individually. The parties represent there are no credit cards or credit card debt in their joint narnes. 9. LIFE INSURANCE Each party shall retain any life insurance policies in their narnes individually including any cash value related thereto and each party shall have the right to narne beneficiaries of life insurance proceeds. 10. 2004 TAX RETURN For tax year 2004 and thereafter, the parties will file separate tax returns. 3 .' 11. WAIVER OF CLAIM During the marriage Wife paid exclusively from her funds the sum of $15,500.00 as a deposit for the construction of a "new" home. Because of the pending divorce, Wife has cancelled the construction contract but the contractor has refused to return Wife's deposit. Wife intends to pursue the return of her deposit by instituting suit if necessary. Husband hereby waives any interest or claim he may have in said deposit monies if any or all are returned to Wife. Husband agrees to cooperate and execute any and all documents, including joining in bringing suit, in attempting to obtain the return of deposit monies to Wife. 12. CUSTODY The parties are the parents of two minor children: Angus Cecil Tuttle, born August 13, 2000 and Dara Teresa Tuttle, born August 28, 2002. a) The parties shall share legal custody of their children. b) Wife shall have primary physical custody of the children. c) Husband shall have partial physical custody of the children as follows: 1) Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 2) One weekday every week (not overnight) as the parties may agree. 3) Alternating holidays from 9:00 a.m. to 7:00 p.m. Holidays are Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. 4) Christmas to alternate separately; Christmas Eve at 12 noon to Christmas Day at 12 noon (segment I); and Christmas Day at noon to the day after Christmas at 12 noon (segment 2). 5) Weekend overnights with Husband not to start until Husband obtains suitable living accommodations. 4 6) Husband to provide all transportation. 7) Every Father's Day with Father and every Mother's Day with Mother. 8) Each party to have unencumbered week's summer vacation with the children with that week to include that party's regularly scheduled weekend. At least thirty days notice of the week desired will be given to the other party. 13. CHILD SUPPORT Husband agrees to pay to Wife the sum of $400.00 per month for the support of the parties' two minor children. Husband agrees to pay the sum of$200.00 directly to Wife on the I sl and 15th day of every month. Should Husband become delinquent in payment, Wife then may choose to enter the support obligation as an Order of Court by her filing for child support in the appropriate domestic relations office. The parties acknowledge that "child support" is never "final" and that either party may seek a modification should circumstances so indicate. 14. 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. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 15. ALIMONY The parties acknowledge and agree that no alimony, alimony pendente lite or spousal support is due or should be paid by one party to the other; and each irrevocably waives entitlement, if any, thereto. 5 16. FULL DISCLOSURE Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 17. ADDITIONAL INSTRUMENT Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 18. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 19. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 20. WAIVERS OF CLAIMS AGAINST ESTATES 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 may now have or 6 hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to 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. 21. REPRESENTATION The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Jay R. Braderman, Esquire. Husband chooses not to be represented by counsel but is of full age and sui juris. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of the 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. 22. TAX PROVISIONS The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 7 The parties have in the past filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local 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. 23. 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. 24. PRIOR AGREEMENT It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. MODIFICATION AND WAIVER Any modification or waiver of any provision 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 default of the same or similar nature. 26. GOVERNING LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 8 27. 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 covenant and agreement. 28. 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. 29. ENTRY AS PART OF DECREE It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modifY the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 30. DIVORCE ACTION The parties, after 90 days have elapsed from service of the Divorce Complaint on Husband, shall execute documents pending under said action, indexed to No. 04-2590 Civil Term, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 9 '. 31. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code or other laws of the Commonwealth of Pennsylvania including, but not limited to, spousal support, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: A/$~ ~ /ll~./J. 7 ~-P?~ Do~l ... uttle. " - ~~) 1r\~-_, Heather Tuttle ]0 '. COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On this, the ~-+"" day of ~ \"{- , 2004, before me, a Notary Public, personally appeared Douglas Tuttle, known to r4ie to be the person whose name IS subscnbed to the within Property Settlement Agreement and acknowledged that he executed the sarne for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q'-<C\ ~_____ C 1- Notary Public ~(} Notarial Seal Rose Ann Fritz. NoW)' Public City of Harrisburg. Dauphin County My Commission Expires Dec. 31, 2006 Member, Pennsylvania Association ofNotanes COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On this, thei-+h day of < \>+ ' 2004, before me, a Notary Public, personally appeared Heather Tuttle, known to nile to be the person whose name IS subscnbed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q~/\~~~ c ~ Notary Public (J Notarial Seal Rose Ann Fritz, Notary Public City of Harrisburg,. Dauphin County My Commission Expl{eS Dec. 31. 2006 Member, Pennsylvania ASSOCIation of Notanes n \:. .-.> = r;.;:::J (;.1\ :::>'" ~-",j ~, \ -l ",' ';:""" :,J~ Q, C!? N r...;> ...... :;:-r. n\l:::%- ~,...;-Ji ~"-:, c;:} C)(?, .'::' -::'~~J. ., ___3~n :.6 ...;: -----...,-'- ..-----------------.... 'f'f'f'f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'f:+;:f.:f.:f.:f. :f.:f.:t::f. .. . :t::t::t::t:'f:+;~:t:~+:t::t:+:t:~:f.:t:+:t:++:t::t:+:t:+:t::t:+:t:++++:t:+~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY Heather Tuttle PENNA. STATE OF No. 04-2590 Civil Tem 'Plr'linHff VERSUS Douglas Tuttle Defendant DECREE IN DIVORCE ~ ~ ~; \ If 2005 AND NOW, , IT IS ORDERED AND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:f Of :t: + :t: + :t: :t: + + :f. Heather Tuttle , PLAI NTI FF, DECREED THAT Douglas Tuttle , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. YET BEEN ENTERED; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+: + + + + Of. 'f + :f.:+' :t: 'f :+' :t: ++ THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The attached Property Se<ttlement Agreerrent is in=:rporated but not rrerged into this Divorce Decree. ATTE PROTHONOTARY :t:++:t:+:t::+,:t:'f+'f+ + + +:t: + ++:t::t:+ + +:f.+ +:t: +:t::t: +:t: +:f.:f.:f. . . . . . . . . . . . . . . . . . . J. ~<n7!/Z:7.J -"V>t-(' . ( ~>>rJ' fl.;>-' 7- -"'(jPl1" f,~,~Ii, F~ . tt:,? .;,Z. /:;'1'-'011/ /~//~ <:;j !N h i/ /' , /, . HEATHER TUTTLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2590 Civil Term v. : CIVIL ACTION - LA W DOUGLAS TUTTLE, : IN DIVORCE Defendant AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME Commonwealth of Pennsylvania County of Cumberland Heather Tuttle, being duly sworn according to law, deposes and says that she is the Plaintiff in the above suit in which a final decree from the bonds of Matrimony was entered and she elects to resume her prior name of Heather Butler, and, therefore, gives this written notice avowing said intention, in accordance with 54 Pa. C.S.A. S704. ~~~ Heather Tuttle to be known as \.c ---~ Sworn and subscribed to before me this~~~ of l=\\,~ \ ,2005 ~n ~ ~~ r=:~ Notary Public 0 My ~ Notari~ Seal Rose Ann Pritz, Notary Public City of Harrisburg, Dauphin County My Commission Ell.pires Dec. 31. 2006 ~~r O;>W'....~vtv&~ Associationot Notaries :V (") 0 i <"... C .1 ~ ~ .,,$.. :r ~ CS C!7 -0 mrt~ ITI:!2 2'.7' ::t1 -OJ;:; ~ '\ &3~:: N :tJ9 ", ~ -< <C.: ....., 0 ~ , r: .- -'-ie) <l.. -,... "'Ti W ~ . -1>_. ;:tla 6:rl ~ Z\."" :x - ,- (") \.tv $- C) {3m ~ ~c S? ~ ~~ ~ ~! c.n :u .......... .&:- -< v . $"~ ~ Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff HEATHER TUTTLE (BUTLER), IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner : NO. 04-2590 v. DOUGLAS TUTTLE, CIVIL TERM CUSTODY Defendant/Respondent: PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes the above-named Petitioner, by and through her attorney, Jay R. Braderman, Esquire and avers as follows: I. The Petition of Heather Butler (formerly Heather Tuttle) respectfully represents that on April 15, 2005 a Decree in Divorce was issued to the above term and number, divorcing Petitioner from Douglas Tuttle, Respondent. A true and correct copy of the Decree in Divorce is attached hereto and made part hereof as Exhibit A. Your Petitioner resides at 5699 Creekview Road, Mechanicsburg, P A 17050. 2. Respondent is Douglas Tuttle, who resides at 125 North 20th Street, Camp Hill, Pennsylvania, 17011. 3. The Decree in Divorce, Exhibit A, stated therein that an attached Property Settlement Agreement, was incorporated, but not merged into the Divorce Decree. A copy of the Property Settlement Agreement is attached hereto and made part hereof as Exhibit B. J"- "!:. 4. Pursuant to Paragraph 12 of the Property Settlement Agreement, incorporated into the Divorce Decree, legal custody of the parties' two children was to be shared with Petitioner having primary physical custody of the children and with Respondent having partial physical custody of the children. 5. The parties' two children are identified as Angus Cecil Tuttle, now five years of age, born August 13,2000 and Dara Teresa Tuttle, now three years of age, born August 28, 2002. Your Petitioner is engaged to, and residing with, Garry Astles, who is a U.S. resident, having emigrated from England in 1984. Garry Astles' parents, Barbara and Clifford Astles, and other relatives continue to reside in Cheshire County, England. 6. Your Petitioner and Garry Astles desire to vacation with Petitioner's children in England for approximately three weeks in January or February of2006. 7. Angus Tuttle already has a passport issued in his narne (due to expire in 2006) but Respondent refuses to give permission for a passport to be issued in the name of Dara Tuttle. Your Petitioner is unable at this time to advise Respondent of the exact dates she intends to take the children to England as she is reluctant to purchase airline tickets without first obtaining permission to have a passport issued in the name of her daughter, Dara Tuttle. 8. Your Petitioner intends to vacation in England next year and in future years and will return to the United States with her children. Your Petitioner is the owner of real estate in Cumberland County and receives Social Security Disability benefits and has no intention of remaining in England even though Respondent refuses to agree to the issuance of a passport for Dara giving the excuse that he fears that your Petitioner will not return with the children. Petitioner intends to stay at a Travel Lodge in Cheshire County, Pochinway, Middlewhich, England. Garry 2 ,. . '" -r~ Astles' parents' phone number is 011-441-606-835952. It is believed, and therefore averred, that England and the United States have an extradition treaty whereupon if the children are not retumed from England, which your Petitioner has no intention not to return them, such a treaty would guarantee their return. Moreover, your Petitioner is ready, willing and able to sign an Affidavit, or any other document, promising to return with the children as ordered by this Court. WHEREFORE, your Petitioner requests that the existing Custody "Order" be modified to require Respondent to execute any and all documents necessary to have a passport issued in the name of Dara Tuttle and renewal passports issued in the narnes of Angus Tuttle and Dara Tuttle, and she will ever pray. ;1~/~ / ! Date: i I L......." / J,ay, R. r an, Esquire ./A orney LD. No.: 07047 1 6 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ....++++++++'. )I ."' .~ '+ '+ '+:t: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+. '+ +:1>:+;+ +++:+i;+; '+ '+ +.+:+: + + ++ ++ +. ++++++ +++++++++++++++++ +++ +++++:t: . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Heather Tuttle Plaintiff No. 04-2590 Civil Tenn VERSUS D::mglas Tuttle Defendant DECREE IN DIVORCE AND NOW, April 15 2005 , IT IS ORDERED AND DECREED THAT Heather Tuttle , PLAINTIFF, AND Douglas Tuttle , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Property Settlerrent Agr~errent is incorporated but not rrerged into this Divorce Decree. .-.' ->' '/ r' o : ~ .......:" ' " I By THE COURT: ;../ \. :'( , , : ~. J. Wesley Oler, Jr. , ATIEST?? ~ ~ ~ PROTHONOTARY Certified Copy Issued: April 19, 2005 i ,I f '... (. . . . ~ . . ~ . .' ..- ....... ""j, . '/l" . ~ O~~ ~~~~~~~Qa~~~~~a~~o.o.~o.~QQQQQ~~~o~o.Q . i'+'+' +++ t+ +'++++++++++++ +.+ EXHIBIT A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . .. . ~' (.. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this -:::r\'"' day of ~A "-( , 2004, by and between Douglas Tuttle, hereinafter called "Husband," and Heather Tuttle, hereinafter called "Wife." WITNESSETH: WHEREAS, Husband and Wife were legally married on May 20, 2000; and WHEREAS, two children were born of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. The parties agree that they have been living separate and apart at least since May I, 2004. 2. INTERFERENCES Each party shall be free from interference, authority and control 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 or attempt to endeavor to molest the other, or in any EXHIBIT B ..-: t:: way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF REAL PROPERTY The parties own real estate, the former marital home, located at 766 Dogwood Terrace, Boiling Springs, Cumberland County, Pennsylvania, 17007. Said real estate is under contract to be sold and sale of the premises is scheduled for July 16, 2004. The sale proceeds will be distributed as follows: a) Costs of sale, including brokerage commissions, transfer fees and real estate tax allocation will be deducted from gross proceeds. b) An existing home equity loan balance will be paid. c) Husband shall receive the sum of $29,000.00 in full and final settlement of any claims he may have for equitable distribution of the house proceeds. Said sum to Husband recognizes his agreed entitlement to $30,000.00 less $1,000.00 payable to Wife at settlement for a repayment of a loan Wife made to Husband's mother. The acceptance of $29,000.00 by Husband recognizes the fact that Wife paid for the home exclusively from her funds and that the parties executed a pre-nuptial agreement preserving assets to each of the parties in the event of a divorce. d) The balance of the house sale proceeds belong to and to be given to Wife. 4. DIVISION OF PERSONAL PROPERTY a) Husband shall retain as his sole and separate property: his bed, including mattress, boxspring and headboard; couch and "Lazy Boy" chair in "man's" family room; Sony television and stand in "man's" family room; exercise equipment and his tools. 2 . . , .,:' b) Wife shall retain as her sole and separate property all remaining furniture and furnishings and miscellaneous personal property not specifically awarded to Husband. 5. EQUITABLE DISTRIBUTION Except as specifically provided for in this Agreement, the parties agree that they have satisfactorily equitably divided all their marital property. 6. PENSIONS Each party shall retain as their sole and separate property any pension benefits in their own name including, but not limited to, IRAs, 401(k) plans, 403(b) plans, or other pension benefits, including disability benefits. 7. MOTOR VEHICLES The parties agree that Husband will retain as his sole and separate property a 2002 Chevrolet Silverado truck and a 2001 Harley Davidson motorcycle. Wife will retain as her sole and separate property a 2003 Dodge Caravan. 8. CREDIT CARDS Each party shall assume sole responsibility for the credit card in their name individually. The parties represent there are no credit cards or credit card debt in their joint names. 9. LIFE INSURANCE Each party shall retain any life insurance policies in their narnes individually including any cash value related thereto and each party shall have the right to narne beneficiaries of life insurance proceeds. 10. 2004 TAX RETURN For tax year 2004 and thereafter, the parties will file separate tax returns. 3 . . . . ~ 11. WAIVER OF CLAIM During the marriage Wife paid exclusively from her funds the sum of $15,500.00 as a deposit for the construction of a "new" home. Because of the pending divorce, Wife has cancelled the construction contract but the contractor has refused to return Wife's deposit. Wife intends to pursue the return of her deposit by instituting suit if necessary. Husband hereby waives any interest or claim he may have in said deposit monies if any or all are returned to Wife. Husband agrees to cooperate and execute any and all documents, including joining in bringing suit, in attempting to obtain the return of deposit monies to Wife. 12. CUSTODY The parties are the parents oftwo minor children: Angus Cecil Tuttle, born August 13, 2000 and Dara Teresa Tuttle, born August 28, 2002. a) The parties shall share legal custody of their children. b) Wife shall have primary physical custody of the children. c) Husband shall have partial physical custody of the children as follows: I) Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 2) One weekday every week (not ovemight) as the parties may agree. 3) Alternating holidays from 9:00 a.m. to 7:00 p.m. Holidays are Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. 4) Christmas to alternate separately; Christmas Eve at 12 noon to Christmas Day at 12 noon (segment I); and Christmas Day at noon to the day after Christmas at 12 noon (segment 2). 5) Weekend overnights with Husband not to start until Husband obtains suitable living accommodations. 4 ..) i.': 6) Husband to provide all transportation. 7) Every Father's Day with Father and every Mother's Day with Mother. 8) Each party to have unencumbered week's summer vacation with the children with that week to include that party's regularly scheduled weekend. At least thirty days notice of the week desired will be given to the other party. 13. CHILD SUPPORT Husband agrees to pay to Wife the sum of $400.00 per month for the support of the parties' two minor children. Husband agrees to pay the sum of$200.00 directly to Wife on the I st and 15th day of every month. Should Husband become delinquent in payment, Wife then may choose to enter the support obligation as an Order of Court by her filing for child support in the appropriate domestic relations office. The parties acknowledge that "child support" is never "final" and that either party may seek a modification should circumstances so indicate. 14. 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. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 15. ALIMONY The parties acknowledge and agree that no alimony, alimony pendente lite or spousal support is due or should be paid by one party to the other; and each irrevocably waives entitlement, if any, thereto. 5 .' I ",' 16. FULL DISCLOSURE Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 17. ADDITIONAL INSTRUMENT Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 18. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnifY and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 19. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 20. WAIVERS OF CLAIMS AGAINST ESTATES 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 may now have or 6 ~ .. ~ .i hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to 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. 21. REPRESENTATION The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Jay R. Braderman, Esquire. Husband chooses not to be represented by counsel but is of full age and sui juris. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of the 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. 22. TAX PROVISIONS The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 7 . . . ..' The parties have in the past filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local 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. 23. 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. 24. PRIOR AGREEMENT It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. MODIFICATION AND WAIVER Any modification or waiver of any provision 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 default of the same or similar nature. 26. GOVERNING LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 8 - . , -I' 27. 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 covenant and agreement. 28. 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. 29. ENTRY AS PART OF DECREE It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 30. DIVORCE ACTION The parties, after 90 days have elapsed from service of the Divorce Complaint on Husband, shall execute documents pending under said action, indexed to No. 04-2590 Civil Term, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice oflntention to Request Entry of a Divorce Decree. 9 ... ,-J ,. 31. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYL VANIA Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code or other laws of the Commonwealth of Pennsylvania including, but not limited to, spousal support, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ~~a 7lff /1lvd/l, Dougl Tuttle ~ ~~~~ ) Heather Tuttle --:> 10 b." ,. COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On this, the ~ day of ~ . ';;1 , 2004, before me, a Notary Public, personally appeared Douglas Tuttle, known to e to be the person whose name IS subscnbed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q~-~~~ Notary Public Notarial Seal Rose Ann Fritz. Notary. Public City of Harrisburg. Dauphin County My Commission Expires Dee, 31. 2006 Member, pennsylv3n1aAssociatlOrlof Notaries COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF On this, the .::t=\-~ day of ~ \~ ' 2004, before me, a Notary Public, personally appeared Heather Tuttle, known to e to be the person whose narne IS subscnbed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /)-xno ~~C* Notary Public ~-d Notarial Seal Rose Ann Fritz. Notary Public City of Harrisburg. Dauphin County My Commiuion Expires Dec. 31. 2006 Member, PennsytvaniaAssociatiOnofNotaries .... ,. VERIFICATION I verifY that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn falsification to authorities. DATE: \V\ /O~ t w~~~~._..~ -.0 HEATHER BUTLER .w. (:) VI. AJ 7'\\ C> \l ~ .\) - Vl 0 ~ C> ~J ~ '-" r \Y ~ '-/-..- ( ~ r~) 0 ,-~ '-rl -.... -;:': 4~ ~'; 1 (Co , HEA THER TUTTLE (BUTLER) PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-2590 CIVIL ACTION LA W DOUGLAS TUTTLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 22, 2005 , upon consideration of the attached Complaint, it is herehy directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at_______~2~-.!~t Main Street, Mechanicsburg, PA 17055 on Tuesday, December 13,2005 , the conciliator, at 11:30 AM for a Pre-Hearing Custody Conference_ At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference_ Failure to appear at the conference may provide grounds for entry of a temporary or penn anent 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/________JJJl5Yf1 S. Sunday, ESif-------'dJA-- Custody Conciliator 'V' 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_ Y oumust attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP_ Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 ~~) jr~ 7 ~ ~ />0 H'I! r#'fi'7 bv :z ~ ~'" yJ Eell ~ jp Z ~:i' 4dt; ;:";;J _9] Fe.!1 , ','~ ~ (' ,), (' (\ .Il'. \ ,'-, ,-,oJ ,..'\; .,-;\.'." SS~~)7" ~,,(\ ~~ ~ 'Y DEe 2 2200Vfi HEATHER TUTTLE (BUTLER) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2590 CNIL AcnON LAW DOUGLAS TUTTLE Defendant IN CUSTODY ORDER OF COURT AND NOW, this 22.,d day of Y t' L , 2005, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon I. A Hearing is scheduled in Court Room No. / of the Cumberland County Courthouse on the ,1'~ day of C~P.- ,2006, at 9-" 3() o'clock ~ m., at which time the Mother's Petition for Modific tion and the Father's Complaint for Custody shall be addressed. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary ofthe anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement ofthe parties, the Father shall have partial physical custody ofthe Children on alternating weekends from Friday after school through Monday before school, for which the exchanges of custody shall take place directly at the Children's school. In addition, the Father shall have custody of the Children every week from Wednesday after school when the Father shall pick up the Children at school through 7:30 p.m., when the parties shall exchange custody at the Hampton Township police station parking lot. 3. In 2006, the Father shall have custody ofthe Child for the Christmas holiday from the Friday before Christmas at 4:00 p.m. through Christmas Day at 10:00 p.m., lmless otherwise agreed between the parties. 4. All exchanges of custody which do not take place directly at the Children's school shall be conducted at the Hampton Township police station parking lot, unless otherwise agreed between the parties. tr; _-t ~~:.: C) UJ0 ;:::; C) ";':::J~ :~ S~-~, ~.J,;j: :-::::~lU U-:r: ...... I,L Q en C.J W 1,:-,1- d ,ro "-~ C'~ C"" :5 (") 5. The parties agree to engage in co-parenting counseling with Deborah Salem or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient cooperation and communication to enable them to effectively co-parent their Children. BY THE COURT, i/I lA/ "- ~ t cc: Jay R. Braderman, Esquire - Counsel for Mother } (") -3" ~L<: Joseph D. Caraciolo, Esquire - Counsel for Father " U..J [,it '-- J. ~~ flIs' ... HEATHER TUTTLE (BUTLER) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2590 CNIL ACTION LAW DOUGLAS TUTTLE Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Angus Cecil Tuttle Dara Teresa Tuttle August 13,2000 August 28, 2002 Mother Mother 2. A custody conciliation conference was held on December 13, 2005, with the following individuals in attendance: The Mother, Heather Butler, formerly Tuttle, with her counsel, Jay R. Braderman, Esquire, and the Father, Douglas Tuttle, with his counsel, Joseph D. Caraciolo, Esquire. 3. The parties entered into a marital settlement agreement in July 2004, which was incorporated into their divorce decree on April 15, 2005. Under the marital settlement agreement, the Mother had primary physical custody of the Children with periods of partial custody scheduled for the Father. The Mother filed this Petition for Modification requesting that the Court order the Father to sign the necessary documents for the Children to obtain passports to travel to England for a visit with the Mother's fiance's family. 4. It was determined at the conference that the Father had also filed a Complaint for Custody, which was currently scheduled for a conciliation conference before Melissa Greevy. It was agreed that the Petitions would be consolidated for discussion at the present conference. Although the parties came very close to resolving all issues with the exception of one evening period of partial custody for the Father each week, ultimately they were unable to reach an agreement and it will be necessary to schedule a hearing on both Petitions. It should be noted that prior to the breakdown in initial tentative agreements, the parties agreed to work through the counseling process in an attempt to improve their existing acrimonious parenting relationship which prevents them from having meaningful communication concerning the Children. Even after the agreements broke down, the parties indicated their willingness to proceed with counseling, which is included in the recommended Order. It appears that neither of the parties' requests in their Petitions are unreasonable. However, the underlying hostility and distrust between the parties make voluntary compromise unlikely. Hopefully the counseling will assist the parties in focusing primarily on the Children's needs. 5. The Mother's position on custody is as follows: The Mother would like to take the Children to England to visit her fiance's farnily for three weeks in January or February 2006. According to the Mother, the Father has withheld his permission for the daughter to obtain a passport and to reinstate the son's passport. The Mother assured the Father that she has no intention of remaining in England and promised that she would return the Children after the vacation. The Mother also expressed concern over the confrontations which occur during exchanges of custody and proposed that the Father's partial custody take place at the school on Friday and Monday during his alternating weekends and eliminate the weekday periods of custody. The Mother objects to expansion of the Father's partial custody to a shared arrangement based on her concerns that the Father does not spend all of his custodial periods with the Children and uses bad language in their presence. 6. The Father's position on custody is as follows: The Father seeks a more shared custodial arrangement on an alternating weekly schedule. The Father expressed concern that he is not involved enough in the Children's lives due to the restricted periods of time he has custody. The Father also objects to the Mother telling the Children to call her fiance Daddy and to call the Father by his first narne. The Father expressed concern about the Mother's intention to return the Children to the United States if he were to agree to the Children's trip to England. However, the Father indicated a willingness to consider the option of the Mother posting a bond and confirming round trip reservations, if the other custody issues could be resolved. 7. The conciliator recommends an Order in the form as attached scheduling a hearing and providing provisions to which the parties agreed at the conference. It is anticipated that the hearing will require at least one-half day. Date ~ I~ dw5 d1 4. 1 Dawn S. Sunday, ES~ Custody Conciliator f; f -. DOUG TUTTLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5733; 04-2590 CIVIL ACTION-LAW HEATHER BUTLER, Defendant CUSTODY CUSTODY AGREEMENT AND NOW, this -:';0 day of //1 tV r ~ , 2006, Heather Butler, (hereinafter "Mother") and Doug Tuttle, (hereinafter "Father") stipulate to the following provisions being made an Order of Court: I. Mother and Father shall share legal custody of their children, Dara and Agnus Tuttle. Both parents realize it is critical for the children's healthy development that they feel good about, and loving toward, both parents and that both parents playa major role in helping to achieve this goal. 2. The parties agree that major decisions concerning the children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other's rights to shared legal custody of the children. Each party shall notifY the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall infotlli the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 95309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Mother shall have primary physical custody of the children. Father shall have physical custody of the children as follows: or " i -. a) On alternating weeks, Tuesday from 3:30 p.m. until 7:30 p.m., and from Friday at 3:30 p.m. until Sunday at 6:00 p.m.; b) On alternating weeks, Tuesday and Thursday from 3:30 p.m. until 7:30 p.m.; C) Each parent shall have the children for two uninterrupted and continuous weeks during the year as vacation, with specific days and times as agreed to by the parties. Vacation weeks must include that parent's regularly scheduled weekend. The parties may have extended vacation time by agreement in writing, and any additional time beyond two (2) weeks must be made up to the party losing physical custody. 4. Mother, and Father acknowledge that the above periods of physical custody are in the best interests of the children as of the date of this agreement first signed above. Each party understands that this Custody Agreement can be modified at any time through an agreement of the parties. This Custody Agreement is not meant to limit the parties' access to the children to the above schedule, but instead shall be a minimum schedule of physical custody in the event the parties cannot agree. Nothing in this agreement prevents, discourages, or precludes modification at any time by the parties. 5. Holiday visitation as described in this paragraph shall take precedence over all other visitation herein. a) The parties shall alternate physical custody of the children on Easter, Memorial Day, July 4'\ Labor Day and Thanksgiving beginning with Father having Easter of 2006. By way of clarification, Father will have primary physical custody on Easter, July 4th and Thanksgiving in even numbered years, and Memorial Day and Labor Day on odd numbered years. Mother will have Easter, July 4th, and Thanksgiving on odd numbered years, and Memorial Day and Labor Day on even numbered years. b) The parties shall alternate Christmas physical custody in the following manner: Father will have physical custody of the children each Christmas eve beginning at noon until Christmas Day at 10:00 a.m. and Mother shall have Christmas Day from 10:00 a.m. until the day after Christmas at 10:00 a.m. c) Mother shall have physical custody of the children on Mother's day and Father shall have physical custody of the children on Father's day. 6. Each party to this agreement shall provide the other with all applicable telephone numbers, including home, work phone numbers. Each party shall provide the others addresses 2 t' ) where the children will be residing. Each shall telephone the others and provide all pertinent information (names, addresses) if the children will be staying overnight (under the supervision of a non-party) for more than two consecutive days. 7. At all times applicable, Father shall pick up the children after school and transport them back to Mother's residence at the scheduled time period. 8. During any period of physical custody, the parties shall not possess or use any controlled substance (other than legally prescribed medicines), nor shall they consume alcoholic beverages to excess. The parties shall ensure, to the extent possible, that others comply with this prohibition while in the presence of the children. 9. Mother hcreby agrees to not permanently relocate outside of, Pennsylvania without a minimum written notice of ninety (90) days to Father. The ninety day notice is designed to afford Father an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 10. Father acknowledges that it is in the best interest and physical safety of the children to keep them from riding on his motorcycle, and therefore agrees to not transport the children by motorcycle. 11. Each party agrees not to attempt to alienate the affections of the children from the other and will make a special conscious effort to not do so. Each party shall refrain from making derogatory comments about the other in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children, whether the children are sleepihg or awake. I L~ /; " / " i , n /. t,~., /'l/..._ I ct.. " WI Doug Tuttle ~ () J ..<.".../\ o;:r:" c, . \ '= ... ..-<.13.: '\ ,. ). Heather Butler 3 ;> >1 :~\ ,\ -""j C,-' .-:;::' c;;-~ >:J ~, ... , HEATHER TUTTLE (BUTLER), Plaintiff v. DOUGLAS TUTTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-2590 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2006, upon consideration of the attached letter from Joseph D. Caraciolo, Esq., attorney for Defendant, the hearing previously scheduled for April 5, 2006, is cancelled. Jay R. Braderman, Esq. 126 Locust Street Harrisburg, P A 17108 Attorney for Plaintiff Joseph D. Caraciolo, Esq. Foreman & Foreman, P.C. Veterans Building, 6th Floor 112 Market Street Harrisburg, PA 17101-2015 Attorney for Defendant :rc BY THE COURT. . l""--f'U-1 ,-rl'~,{~, Ie t~. rl ~/.t~' 0(, 9.,. 9 I l1J ,.-" \', , . . APR 0 Ii 2006 p" HEATHER TUTTLE (BUTLER), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : Nos. 04-2590 DOUG TUTTLE, Defendant : CIVIL ACTION - AT LAW : IN CUSTODY CONSENT ORDER AND NOW, this 7/{, day of ~ r ' , ( , 2006, upon consideration of the attached Custody Agreement of the parties in the above-captioned matter, consisting of three (3) pages and bearing the written consent of the parties, AND, upon direction of this Court that the parties need not be present before the Court in order to incorporate their Custody Agreement into a Consent Order, IT IS ORDERED that said Consent Agreement is incorporated herein by reference as if set forth in full and approved as an ORDER OF COURT pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COURT: J. Distribution: "j f':: LL. (';