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HomeMy WebLinkAbout05-57336. During the past five years, the children have resided with the following persons at the following address: Persons: Address: Dates Heather Butler 5699 Creekview Road 2004- Mechanicsburg, PA 17050 Present Heather Butler 766 Dogwood Terrace 2002- Doug Tuttle Boiling Springs, PA 17007 2004 Heather Butler 5699 Creekview Road 2000- Doug Tuttle Mt. Holly, PA 17065 2002 7. The Mother of the children is Heather Butler, who currently resides at 5699 Creekview Road, Mechanicsburg, Cumberland County, and State of Pennsylvania. She is not Married. & The Father of the children is Doug Tuttle, who currently resides at 125 North 20`h Street, Camp Hill, Cumberland County, and State of Pennsylvania. He is not Married. 9. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides alone. 10. The relationship of Defendant to the child is that of Mother. Defendant currently resides with the following people: Names: Relationship: Dara Tuttle Daughter Agnus Tuttle Son 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in another court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because the children should spend greater periods of custody with their father. 15. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting him custody, partial custody, or visitation of the Dater ph D. Carf?folo, Esquire North Front Street isburg, Pennsylvania 17110-1709 90919 Tel. (717) 236-9391 DOUG TUTTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. HEATHER BUTLER, : CIVIL ACTION - AT LAW Defendant : IN CUSTODY VERIFICATION I, Doug Tuttle, verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4404, relating to unworn falsification to authorities. i Date: f Signature: ug Tuttle DOUG TUTTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. HEATHER BUTLER, : CIVIL ACTION - AT LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint for Custody upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, depositing a copy of the same with the United States Postal Service, certified mail, return receipt requested, prepaid, and addressed as follows: Heather Butler 5699 Creekview Road Mechancisburg, PA 17050 Respectfully v Date: lD?? Jloseph D. C iolo, quire 4409 North ont Street Harrisburg, Pennsylvania 17110-1709 ID# 90919 Tel. (717) 236-9391 n W tea, Q 0 c- r El u W W S' -? i •-`T1 if{? DOUG TU"FTLE IN TI IF COURT OF COMMON PLEAS OF PLAIN] 11 F C UMI3FRI,AND COt,NTY', PI:NNSYLVAN'IA V. 05-5733 CIVILACfION LAW 11FATHER BUTLER IN CUSTODY IA II.NDAN'I ORDER OF COURT AND NOW, Thursday, November 10, 2005 upon consideration of'the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, December 16, 2005 at 1:00 PM For a Pre-I learing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute, or IFthis cannot be accomplished. to define and narrow the issues to be heard by the court, and to enter into a temporary Order. All children a,--c live or older mad also be present at the conference. Failure to appear at the conference rum provide grounds for cnu? oFa temporary or perrnanent order. The court hereby directs the parties to furnish any and all existing Protection 1'rom Abuse orders, Special Reliet'orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR FHE COURT, F3% n/ Melissa P. Greevy Esq. _ Custod} Conciliator The Court of Common Pleas of Cumberland COMM is required by law to comply with the Americans with Disahilitcs Act of 1990. For information about accessible hacilities and reasonable accommoclations available to disabled individuals having business hetorc the court, please contact our office. All arrangements must be made at least 73 hours prior to any hearing or hnShICS5 betcre the court. You must attend the scheduled conference or hearing. YOU SI IOULD JAKE THIS PAPFR 10 YOUR AT] ORNEY A F ONCE. I17 YOU DO NOT HAV L: AN AT"TY)RNF.Y OR CANNOT AFFORD ON[', GO 10 OR 1 t I LPHONI: "FHF. OI I K L SFT I OR"FH BELOW TO FIND OUT WFIFRL YOU CAN GF.T LEGAL HGI.P. Cnrnberland C'onntb Bar Association South Bedtixd Street Carlisle, Pennsylvania 17013 Telephone (717)249-3100 ?J/-Vv s? c7l r,f 4 l^ ? 17. Q DOUG TUTTLE, Plaintiff V. HEATHER BUTLER, Defendant DEC 2 7 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5733 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 201" day of December, 2005, counsel and the parties having appeared before Conciliator, Dawn S. Sunday, Esquire, on December 13, 2005 and the matter having been referred to the Court of Common Pleas for final disposition, the Conciliator, Melissa Peel Greevy, Esquire, hereby relinquishes jurisdiction of the above captioned matter. The Conciliation previously scheduled for January 6, 2006 is CANCELED. FOR THE COU Melissa Peel Greevy, Esquire Custody Conciliator / Dist: Joseph D. Caraciolo, Esquire, 112 Market Street, Harrisburg, PA 17101-2015 +R ,-1 . 05 Jay R. Braderman, Esquire, PO Box 11489, Harrisburg, PA 17108-1489"??? :265158 1 "}I S-°l :019 V ouF fa 0'JD? :ii-Ill iJ DOUG TUTTLE, Plaintiff VS. HEATHER BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nos. 05-5733 CIVIL ACTION - AT LAW IN CUSTODY -n PETITION FOR EMERGENCY INJUNCTIVE RELIEF Plaintiff, by and through his attorney, Joseph D. Caraciolo, Esquire, files this Petition for Emergency Injunctive Relief and avers as follows: 1. Plaintiff is Doug Tuttle, hereinafter referred to as "Father", who currently resides at 125 North 20th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Heather Butler, hereinafter referred to as "Mother", who currently resides at 5699 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant is represented by Attorney Jay R. Braderman, 225 Market Street, Suite 304, P.O. Box 1245, Harrisburg, PA 17108-1245. 4. The Subject minor children of this action are: Angus Cecil Tuttle Dara Teresa Tuttle Born: August 13, 2000 Born: August 28, 2002 5. On March 30, 2006 the parties consented to custody which was followed by a Consent Order signed by this Honorable Court on April 7, 2006, A copy of said Order, and stipulation, are attached hereto collectively as Exhibit "A." 6. According to the terms of the consent order, Father has significant weekly periods of custody of the minor children including Tuesday, Thursday and every other weekend. 7. Since the entry of the Consent Order, the parties have shared custody according to its terms, and the children have resided with Mother in Cumberland County. 470.0639L4? 0144 row ?? -?38av( 8. Since the entry of the Consent Order, the children have attended Cumberland County school district and are presently enrolled in full time elementary school. 9. Defendant has informed Plaintiff that she intends to relocate with the children approximately one hour North and has enrolled the children in Sellinsgrove school district with an anticipated start time of March 2010. 10. Plaintiff has not consented to the move, and has not consented to removing the children from school early in order to accomplish this move. 11. Plaintiff suggests that such a move would be contrary to the children's best interests as removing them from school early will greatly affect their education, as the children are enrolled in special needs classes which will be interrupted. 12. The move would seriously impair Plaintiffs ability to be an active parent for the children and his ability to see them on a regular basis, including his weekly periods of physical custody. 13. Defendant does not have a valid basis for the move which is not in the best interests of the children. 14. Under Plowman v. Plowman, 409 Pa. Super. 143, 597 A.2d 701 (1991), prior to removal of the children, the Court must hold an evidentiary hearing on the proposed relocation to examine the factors set forth in Gruber v. Gruber, 400 Pa. Super. 74, 583 A.2d 434 (1990). 15. Defendant should not be allowed to move the children pending the scheduling of this hearing. 16. Plaintiff will suffer serious loss of custodial rights including loss of periods of physical custody and loss of legal custody if Defendant is allowed to move in the middle of the school year without Plaintiff's consent. 17. Defendant will not be prejudiced by waiting for this Honorable Court to make a decision on the best interests of the children as she has been residing in Cumberland County with the children for the children's entire lives. 18. Counsel for Plaintiff has been in contact with Counsel for Defendant in an effort to avoid litigation on this matter, and by letter of February 9, 2010, Counsel for Defendant has indicated that his client intends to move. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an emergency injunction preventing Defendant from moving the children until such time as there can be a hearing to determine whether such a move is in the children's best interests. tted, Date: ?- 2( U eph D. Ca -ac lo, L<uire oreman & Caraciolo, P.C. 112 Market Street, 6'h Floor Harrisburg, PA 17101-2015 ID# 90919 Tel. (717) 236-9391 Exhibit A APR 0 6 2006 n ? Y'' DOUG TUTTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : Nos. 05-5733 HEATHER BUTLER, : CIVIL ACTION - AT LAW Defendant : IN CUSTODY CONSENT ORDER - 14 I'll AND NOW, this 74 day of _, 2006, upon consideration of the attached Custody Agreement of the parties in e 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: C9 n J. WESLEY OLER, JR. Distribution: Joseph D. Caraciolo, Esquire - 112 Market Street, 6th Floor, Harrisburg, PA 17101 Jay R. Braderman, Esquire - 126 Locust Street, Harrisburg, PA 17108 4Ir J0 Tr-' a "" hand T1 Pa. .r g a4rothonot?a r DOUG TUTTLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5733; 04-2590 CIVIL ACTION-LAW HEATHER BUTLER, : Defendant CUSTODY CUSTODY AGREEMENT AND NOW, this day of / 41 CV n , 2006, Heather Butler, (hereinafter "Mother") and Doug Tuttle, (hereinafter "Father") stipulate to the following provisions being made an Order of Court: 1. 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 play a 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 parry 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 inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, 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: 1 • } 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 4th, 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 • 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. iviother hereby 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 sleeping or awake. Doug Tuttle Heather Butler 3 DOUG TUTTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : Nos. 05-5733 HEATHER BUTLER, : CIVIL ACTION - AT LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: Jay R. Braderman, Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1248 Date: -9z O rA seph D. Caraci&6, Esquire oreman & Caraciolo, P.C. 112 Market Street, 6tr' Floor Harrisburg, PA 17101-2015 ID# 90919 Tel. (717) 236-9391 DOUG TUTTLE, Plaintiff VS. HEATHER BUTLER, Defendant MAP 0 2 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nos. 05-5733 CIVIL ACTION - AT LAW IN CUSTODY ORDER OF COURT ` AND NOW, this 1eA4A day of , 2010, upon the attached Petition for Emergency Injunctive Relief, it is hereby directed that the respective counsel appear before this Honorable Court on the day of Courtroom 0bf the Cumberland County Court of Common Pleas at 7.1 for a issue of the Children's relocation. BY O Distribution: - oseph D. Caraciolo, Esquire (Attorney for Plaintiff) 112 Market Street, Oh Floor, Harrisburg, PA 17101 Jay R. Braderman, Esquire (Attorney for Defendant) 225 Market Street, Suite 304, Harrisburg, PA 17108-1248 12OF LQ 5 rY1 l? cl? 3?Lc?cv ;ideration of ies?and their ;' 2010, tying on the i^i?... ;n is J. = 0 r Jay R. Bradennan, Esquire Attorney I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax. 717-233-7003 Attorneys for Defendant DOUG TUTTLE, Plaintiff : NO. 05-5733 V. HEATHER BUTLER, Defendant c ? sr N MM ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY STIPULATION AND AGREEMENT OF CUSTODY AND NOW, this day of , 2010, having reached an agreement to modify the parties' prior Custody Agreement entered as a Consent Order on April 7, 2006, to the above term and number; and wanting to further define their physical and legal custodial responsibilities as parents in the best interests of their minor children, ANGUS CECIL TUTTLE (DOB 8/13/2000) and DARA TERESA TUTTLE (DOB 8/28/2002), the parties hereto, HEATHER BUTLER, Mother, and DOUG TUTTLE, Father, agree and stipulate and request this Stipulation be entered as an Order of Court upon the terms and conditions as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. i 2. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental health treatment, education, religious training and upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy, in their children's best interests. b. Each parent has the duty to obtain and is entitled to complete and full information from their children's doctor, dentist, teacher, professional or authority and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C.S.A. §5309. C. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. d. The parents shall, in advance, attempt to mutually agree regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. No Conflict Zone: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. d. Each parent shall refrain from encouraging their children to provide reports about the other parent. Communication should always take place directly between parents, never using their children as an intermediary. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children. b. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of an activity or circumstance concerning their children that could reasonably be expected to be of concern to the other parent. C. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall immediately inform the other about the emergency. d. The parent with physical custody of their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. 4. Physical Custody: a. Mother shall have primary physical custody of the children. b. Father shall have physical custody of the children as follows: i. Two consecutive Saturdays beginning at 8:00 AM, when Father will meet Mother at Amanda's (approximate halfway point) in Liverpool, PA, between 8:00 AM and 8:15 AM, until Sunday when parties will meet at Amanda's again, between 6:00 PM and 6:15 PM, followed by Mother's one week of physical custody of the children on Saturday and then repeating the custody schedule such that Father will have two weekends with the children, one weekend without the children, then two weekends with the children. ii. Every Wednesday for two hours after school, but must provide Mother with twenty-four hours of advance notice of his decision to exercise this period of custody. C. Holidays: i. The parties shall alternate physical custody of the children on Easter, Memorial Day, July 4th, Labor Day and Thanksgiving beginning with Father having Easter in 2010. ii. The parties shall alternate physical custody of the children with Father having the children each Christmas Eve, beginning at 12:00 Noon until Christmas Day at 10:00 AM and Mother shall have Christmas Day from 10:00 AM until the day after Christmas at 10:00 AM. iii. 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. iv. Holiday visitation shall take precedence over all other visitation herein. d. Summer: Each party shall have two weeks of uninterrupted visitation with the children, inclusive of their weekend, by giving thirty days' written notice to the other party. Whoever provides notice first receives the requested weeks. e. Father agrees that if the children have any sporting activities on a Saturday of his regularly scheduled weekend of custody, he will attend the activity and take the children with him after the event. 5. Father consents to the children changing school districts and their moving with Mother to Selinsgrove, Snyder County, Pennsylvania. Mother agrees not to move more than seventy miles from Father's current residence without prior agreement of the parties or Order of Court. 6. Transportation: a. The parties will share transportation for the weekend periods of custody as noted in 4 (b) (i) above. This time and location schedule shall also apply to holidays, Mother's Day, Father's Day and summer vacation. b. Father's Wednesday periods of custody will be from 4:00 PM to 6:00 PM, with pick-up and drop-off of the children at the Selinsgrove Speedway. 7. Father will provide a cell phone to the children for the purpose of calling Father. Mother agrees to allow the children to retain the cell phone in order to call their Father. Cell phone will not be taken to school. 8. Father will claim both children for Federal, State and local income tax purposes for as long as Mother continues to receive Social Security Disability benefits. 9. The parents shall organize ways for their children to maintain their friendships, extracurricular activities and other special interests, regardless of which household they may be in. Each parent shall confer with the other parent before arranging regularly occurring extracurricular activities for their children that might interfere with regular visitation. 10. Toys, clothes, electronic devices, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents, entitling the toys, clothes, electronic devices, etc. to be taken by the children and back with the children between the different households, as reasonably appropriate. 11. The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 12. Accessibility: Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Should either party have their children spend overnight at a place other than their primary residence, the other parent will be given the address and phone number. 13. Illegal Drugs and Alcohol: The parents, during any period of custodial responsibility shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure that other household members and/or houseguests comply with this prohibition. 14. Tobacco: Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 15. Electronic Contact: Each parent shall be entitled to reasonable telephone, e-mail and/or text messaging contact with their children that shall not be excessive when in the custody of the other parent. Each parent should be promptly and politely responsive to the other parent's telephone calls, text messages and a-mails concerning parenting issues. 16. Modification: It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interests of the children. 17. The parties hereto respectfully request the within Stipulation and Agreement of Custody be entered as an Order of Court without the necessity for a hearing. IN WITNESS WHEREOF, the parties intending to be legally bound, agreeing to the 17 paragraphs as stated above, have hereunto set their hands and seals the day and year hereafter set forth. f , Doug --'--Tuttle 9 - /9 -?o Dated Heather Butler ?!) C) Dated WITNESS: ' 3 APR 212010 4 DOUG TUTTLE, V. HEATHER BUTLER, NO. 05-5733 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this pa day of 41CJ - 2010, the parents having reached an agreement regarding the physical and legal custodial responsibilities in the best interests of their minor children, ANGUS CECIL TUTTLE (DOB 8/13/2000) and DARA TERESA TUTTLE (DOB 8/28/2002), it is hereby ORDERED AND DECREED that the custodial arrangement for the minor children shall be as outlined in the attached Stipulation and Agreement of Custody. BY THE COURT: Cap l J ??? ?J 1?4?c?br??d ??a a.J ra IN THE COURT OF COMMON PILEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant 6-1 _ r, 4 ? S r•. '_f Matthew Slivinski, Esq. Attorney for Defendant I.D. # 208182 Fl~~ ~-~?FFIG 2~IQ ~~~ -5 Pry ~+~ 1 i;t~~~E~~f~1_~.`~~~ GO~~~ ~ Y 1N THE COURT OF COMMON PLEAS DOUG TUTTLE, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA vs. No. OS-5733 HEATHER BUTLER, CIVIL ACTION -LAW Defendant CUSTODY PETITION FOR SPECIAL RELIEF NOW COMES the Defendant, Heather Butler, by and through her attorney, Matthew Slivinski, Esquire, and avers the following: 1. The Plaintiff is Doug Tuttle, an adult individual residing at 125 North 20th Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Heather Butler, an adult individual residing at 2983 Middle Creek Road, Selinsgrove, Snyder County, Pennsylvania. 3. The parties have three (2) children born of them, being Angus C. Tuttle (8/13/200), and Dara T. Tuttle (8/28/2002). 4. A Custody Stipulation was entered between the parties, dated April 14, 2010. A true and correct copy is attached hereto, marked "Exhibit A", and incorporated herein. ~ ~~~0 ~ ~ ~~ 5. Since on or about September 1, 2010, the minor children have expressed a lack of desire to see the Plaintiff. 6. Since on or about September 1, 2010, the minor children have expressed changes in emotions towards the Plaintiff. 7. Defendant is of the impression that the minor children should undergo an evaluation or speak to a child psychologist in order to ascertain the change in the minor children's position regarding the Plaintiff. 8. Defendant is prepared to bear the expenses associated with the children being either evaluated, or speaking to a child psychologist. 9. Plaintiff consents to Defendant's requests. WHEREFORE, the Plaintiff, based on the allegations set forth above, requests this Honorable Court to enter an Order permitting the minor children to undergo an evaluation with a licensed psychologist, at the expense of Defendant, and with all information regarding the psychologist chosen to be shared with Plaintiff, in hopes of ascertwining the underlying causes of the minor children's change in positions. Respectfully submitted, atthew Slivinski, Esq. I.D. #208182 Slivinski Law Offices 111 N. High Street, Suite One Selinsgrove, PA 17870 (570) 374-5575 (570) 374-6863 fax OCT 0` 6 2010 Matthew Slivinski, Esq. Attorney for Defendant I.D. # 208182 DOUG TUTTLE, Plaintiff vs. HEATHER BUTLER, Defendant No. OS-5733 CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this ~ day of 2010, the Parties having consented to the relief requested, Defendant's Petition for Special Relief is hereby granted, subject to the following conditions; S- ~`"'~ ~ ~ ~a~le~ ~- Sly vi h.s~%,~, ~ -~'- ~ ~oSep! /°~ ~~cio/a, ~i~s fna . %~ ~%~~v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA BY TH OURT: J. _ ~ `~ ~ ° ~-,~ ~ --~ °~ ~ r cr =-~ -~ ~~ = ~ ~~ = ~ ~~ ~ .. o ~ ~ ~; c~ ~' ~? FILED -OF F1r 4-",-. OF THE PROTHCN01",R, Matthew Slivinski, Esq. Attorney for Defendant I.D. # 208182 2011 JAN 24 PM 4: 11 CUMBERLAND COUNTY PENNSYLVANIA DOUG TUTTLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-5733 HEATHER BUTLER, CIVIL ACTION - LAW Defendant CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner is Heather Butler, Defendant in the above captioned custody matter, an adult individual residing at 2983 Middle Creek Road, Selinsgrove, Snyder County, Pennsylvania. 2. The Respondent is Doug Tuttle, Plaintiff in the above captioned custody matter, an adult individual residing at 125 North 20th Street, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the parents of two minor children, being Dara T. Tuttle (8/28/2002), and Angus C. Tuttle (8/13/2000). 4. A Custody Stipulation was entered between the parties, dated April 14, 2010. A copy of the Order is attached and marked Exhibit "A", and incorporated herein. 5. The Petitioner is requesting a modification to the current Stipulation to better facilitate and accommodate all parties, including the children 7U 6. It is in the best interest that the current Stipulation be modified to better facilitate and accommodate all parties, including the minor children. WHEREFORE, the Petitioner requests that this Honorable Court enter an Order modifying the current Stipulation to better facilitate and accommodate all parties, including the minor children. Respectfully S i tted: hew Slivinski, Esq. livinski Law Offices 111 N. High Street, Suite One Selinsgrove, PA 17870 (570) 374-5575 ID #208182 DATED: ?'? ?? 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 12 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Heather Butler, Defendant Dated ?'? CERTIFICATE OF SERVICE AND NOW, this 12th day of January, 2011, I, Matthew Slivinski, Esq., Attorney for Heather Butler, hereby certify that I delivered the within Petition for Modification by mailing a copy upon counsel for the Plaintiff to the address listed below: Jospeh D. Caraciolo 112 Market Street, 6th Floor Harrisburg, PA 17101-2043 (717) 236-9391 Slivinski, Esq. EXHIBIT A Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel. 717-233-6633 Fax: 717-233-7003 Attorneys for Defendant DOUG TUTTLE, Plaintiff V. HEATHER BUTLER, Defendant N C3 C O O fy us IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5733 CIVIL ACTION - LAW CUSTODY STIPULATION AND AGREEMENT OF CUSTODY AND NOW, this (!J? day of , 2010, having reached an agreement to modify the parties' prior Custody Agreement entered as a Consent Order on April 7, 2006, to the above term and number; and wanting to further define their physical and legal custodial responsibilities as parents in the best interests of their minor children, ANGUS CECIL TUTTLE (DOB 8/13/2000) and DARA TERESA TUTTLE (DOB 8/28/2002), the parties hereto, HEATHER BUTLER, Mother, and DOUG TUTTLE, Father, agree and stipulate and request this Stipulation be entered as an Order of Court upon the terms and conditions as follows: 1. Legal Custodial Responsibilities: Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental health treatment, education, religious training and upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy, in their children's best interests. b. Each parent has the duty to obtain and is entitled to complete and full information from their children's doctor, dentist, teacher, professional or authority and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C.S.A. §5309. C. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. d. The parents shall, in advance, attempt to mutually agree regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. 2. No Conflict Zone: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. d. Each parent shall refrain from encouraging their children to provide reports about the other parent. Communication should always take place directly between parents, never using their children as an intermediary. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children. b. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of an activity or circumstance concerning their children that could reasonably be expected to be of concern to the other parent. C. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall immediately inform the other about the emergency. d. The parent with physical custody of their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. 4. Physical Custody: a. Mother shall have primary physical custody of the children. b. Father shall have physical custody of the children as follows: i. Two consecutive Saturdays beginning at 8:00 AM, when Father will meet Mother at Amanda's (approximate halfway point) in Liverpool, PA, between 8:00 AM and 8:15 AM, until Sunday when parties will meet at Amanda's again, between 6:00 PM and 6:15 PM, followed by Mother's one week of physical custody of the children on Saturday and then repeating the custody schedule such that Father will have two weekends with the children, one weekend without the children, then two weekends with the children. ii. Every Wednesday for two Mother with twenty-four hours exercise this period of custody. C. Holidays: hours after school, but must provide of advance notice of his decision to i. The parties shall alternate physical custody of the children on Easter, Memorial Day, July 4th, Labor Day and Thanksgiving beginning with Father having Easter in 2010. ii. The parties shall alternate physical custody of the children with Father having the children each Christmas Eve, beginning at 12:00 Noon until Christmas Day at 10:00 AM and Mother shall have Christmas Day from 10:00 AM until the day after Christmas at 10:00 AM. iii. 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 J iv. Holiday visitation shall take precedence over all other visitation herein. d. Summer: Each party shall have two weeks of uninterrupted visitation with the children, inclusive of their weekend, by giving thirty days' written notice to the other party. Whoever provides notice first receives the requested weeks. e. Father agrees that if the children have any sporting activities on a Saturday of his regularly scheduled weekend of custody, he will attend the activity and take the children with him after the event. 5. Father consents to the children changing school districts and their moving with Mother to Selinsgrove, Snyder County, Pennsylvania. Mother agrees not to move more than seventy miles from Father's current residence without prior agreement of the parties or Order of Court. 6. Transportation: a. The parties will share transportation for the weekend periods of custody as noted in 4 (b) (i) above. This time and location schedule shall also apply to holidays, Mother's Day, Father's Day abd summer vacation. b. Father's Wednesday periods of custody will be from 4:00 PM to 6:00 PM, with pick-up and drop-off of the children at the Selinsgrove Speedway. 7. Father will provide a cell phone to the children for the purpose of calling Father. Mother agrees to allow the children to retain the cell phone in order to call their Father. Cell phone will not be taken to school. 8. Father will claim both children for Federal, State and local income tax purposes for as long as Mother continues to receive Social Security Disability benefits. 9. The parents shall organize ways for their children to maintain their friendships, extracurricular activities and other special interests, regardless of which household they may be in. Each parent shall confer with the other parent before arranging regularly occurring extracurricular activities for their children that might interfere with regular visitation. 10. Toys, clothes, electronic devices, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents, entitling the toys, clothes, electronic devices, etc. to be taken by the children and back with the children between the different households, as reasonably appropriate. 11. The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 12. Accessibility: Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Should either party have their children spend overnight at a place other than their primary residence, the other parent will be given the address and phone number. 13. Illegal Drugs and Alcohol: The parents, during any period of custodial responsibility shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure that other household members and/or houseguests comply with this prohibition. 14. Tobacco: Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 15. Electronic Contact: Each parent shall be entitled to reasonable telephone, e-mail and/or text messaging contact with their children that shall not be excessive when in the custody of the other parent. Each parent should be promptly and politely responsive to the other parent's telephone calls, text messages and a-mails concerning parenting issues. 16. Modification: It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interests of the children. 17. The parties hereto respectfully request the within Stipulation and Agreement of Custody be entered as an Order of Court without the necessity for a hearing. IN WITNESS WHEREOF, the parties intending to be legally bound, agreeing to the 17 paragraphs as stated above, have hereunto set their hands and seals the day and year hereafter set forth. Doug uttle q 1LI -go Dated Heather Butler 3? 110 Dated WITNESS: DOUG TUTTLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF NIIE! CUMBERLAND COUNTY, PENNSYL L mco C_ z-n ?x r*t? V' tV 2005-5733 CIVIL ACTION LAW C 4 D < ? 8 HEATHER BUTLER IN CUSTODY --C` C-- Z` C") DEFENDANT _, rrz ORDER OF COURT AND NOW, Thursday, Januar y 27, 2011 , upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 01, 2011 at 9:00 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/ Dawn S. Sunday, Esq.. 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 Y91 32 South Bedford Street k Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t/ i41? N? ? ? S V Joseph D. Caraciolo, Esquire , 1 --_D- -°; F Attorney ID No. 90919 Foreman & Caraciolo, P.C. 112 Market Street, 6'" Floor 1 J Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile r + a ? ? ,y a [ L lJ joseph@ffclaw.net ??i1 1 ? 5 Attorney for Plaintiff .. ..1a?i? DOUG TUTTLE, Plaintiff vs. HEATHER BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5733 CIVIL ACTION - AT LAW IN CUSTODY ANSWER TO PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Plaintiff, Doug Tuttle, by and through his attorneys, Joseph D. Caraciolo, Esquire and Foreman & Caraciolo, P.C., and respectfully answers the Petition for Modification of Custody averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, Defendant, Heather Butler, filed a Petition for Special Relief resulting in an Order of Court dated October 7, 2010. (See attached Order incorporated herein as referenced and marked as Exhibit "B") 5. Admitted in part, denied in part. It is admitted that Petitioner is requesting a modification of the current Stipulation. It is denied that modification will better facilitate and accommodate all parties including the children. By way of further answer, the children have participated in counseling with the Courtyard Counseling Center and Glenn R. Jacobson, Psychologist who has reported on December 10 that "Ms. Butler has been making an effort to separate the children from Mr. Tuttle, both physically and emotionally." (See Exhibit "C" attached and incorporated hereto by reference.) It is alleged and therefore averred that Mother's Request for Modification of Custody is not in the best interests of the children, but is in furtherance of her desire to "incorporate [the children] into [her] adoptive family." (Exhibit "C") 6. Admitted in part, denied in part. It is admitted that a modification is in the best interests of the children. It is denied that Mother's Request for Modification is in the best interests of the children. By way of further answer, Father is hereby requesting that the children be ordered to continue counseling with Courtyard Counseling Center, with Mother paying the costs thereof, as ordered by the Court (See Exhibit "B") and that the counseling shall continue as per the recommendation of Glenn R. Jacobson, Psychologist. Father is additionally requesting that he be granted periods of telephone access with the children whereby the children will be available on a non-cellular phone, landline number, for Father's call on two nights per week. Finally, due to the complaint of the minor child, Angus, Father is requesting that the transportation be modified such that Father shall pick up the children during the beginning of his custodial periods and Mother shall pick up the children during the beginning of her custodial periods. WHEREFORE, Respondent requests that this Honorable Court deny Petitioner's request to modify the current Stipulation in her favor and enter a Modification as previously described, or, on the other hand, schedule a Conciliation Conference in accordance with Cumberland County and Pennsylvania Rules of Custody. Respectfully Submitted, P.C. ,11torneyfor Plaintiff V ttorney ID No. 90919 112 Market Street, 66' Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 DOUG TUTTLE, Plaintiff vs. HEATHER BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5733 CIVIL ACTION - AT LAW IN CUSTODY VERIFICATION I verify that the facts in the foregoing Answer to Petition for Modification of Custody are true and correct to the best of my knowledge, information and belief. This verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authored by counsel in his capacity as attorney for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. Date D TTLE l? DOUG TUTTLE, Plaintiff vs. HEATHER BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5733 CIVIL ACTION - AT LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: Matthew Slivinski, Esquire Slivinski Law Offices 111 N. High Street, Suite One Selinsgrove, PA 17870 Respectfully submitted, FO Date: /-;1C1 /I/ CIO, P. F D. Caraciolo, Esgdir ey for Plaintiey ID No. 90919 arket Street, 6t' Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 EXHIBIT "B" OCT 0 6 2010 Matthew Slivinski, Esq. Attorney for Defendant I.D. # 208182 DOUG TUTTLE, Plaintiff vs. HEATHER BUTLER, Defendant No. 05-5733 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of 2010, the Parties having consented to the relief requested, Defendant's Petition for Special Relief is hereby granted, subject to the following conditions; 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BY THE COURT: J. TRUE COPY FROM RECORD InTbOrmwv*wed, I here unto set my hand End ft a" of aaid f at Carlisle, Pa. Ttft _d* L;? 20 J?,? ? ,? ??Op_ tart O EXHIBIT "C" ANTHONY G. BUTTO, DSW, LCSW DIRECTOR PA. LIC. NO. CW012087 TERESA DROST BUZZINI, Psy. D. PA. UC. NO. PS016207 ?i Courtyard Counseling; Center www. cou rtyardcou nseting.com CAROLYNN HARRISON, MSW, LCSW PA. LIC. NO. CW012050 GLENN JACOB ON, Ph.0. PA. LIC. ?IQ' 007127L LEANNE GOVER, MSW, LC IN PA. LIC. NO. CW013W 4ft '*eCEfYE DEC 1 5-20'M December 14, 2010 E. Robert Bucker, Esq. Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Re: Doug Tuttle vs. Heather Butler Case No. 05-5733 Mr. Blicker and Concerned Parties: COPV U As of this writing, I have now met with each of the parents on a single occasion each, as well as with the children, Angus and Dara Tuttle on two occasions. While the scope of my services has not been completely clear, what follows is a summary of my observations about the nature of the tension between the children and their father over on-going visitation. Apparently, the Tuttle children had begun to protest their visits to their father, beginning soon after Ms. Butler relocated to the Selinsgrove area. After a brief hiatus, the visits had resumed by the time I began meeting with the principals. As it turned out, only Angus has had any real objections to the visits. His complaints had to do mainly with three concerns. First, he came to resent the travel involved. Not only did he have a ninety minute ride to his father's, but several weekends they also drove to Maryland, where the paternal grandmother resides. Second, Angus indicated that he was afraid of his father. That said, he admitted that his father has never been violent or threatening in any way. His father's display of temper had been mainly directed at Ms. Butler, which consisted of yelling and being insulting in front of the children, and was only on one or two occasions. Third, Angus was upset because he believes that his father shows favoritism toward his younger sister, and he himself often feels excluded. By the end of our second meeting, Angus had agreed that he would like to improve the relationship with his father, and had consented to my sharing some concerns with Mr. Tuttle. 1 had made arrangements to meet with Mr. Tuttle, and also to see Angus again individually, when Ms. Butler withdrew her consent, expressing her feeling that I was going beyond the scope of my role of evaluator. It is also pertinent to note that Angus seemed very much to feel that he was caught in the middle between his parents, though, to be honest, he denied this when I asked him directly. Nevertheless, it was clear that he perceived that having a positive relationship with his father might alienate his mother. In particular, Angus had told me of his interest in guns, one he has shared with Ms. Butler's paramour and his brother. However, he felt he could. not share with them that his father had taken him to a shooting range the previous weekend, as it would make his mother angry. By the way, this story also illustrates Mr. Tuttle's efforts to spend time with Angus, as Dara did not participate in that activity. Based on an admittedly limited set of interactions with the various parties, it is my impression that Angus has been caught in a struggle between his parents, and feels that his allegiance with his mother might be threatened by any bonding with his father. I also sense that Ms. Butler has been making an effort to .,-Tuttle vs. Butler, p. 1 separate the children from Mr. Tuttle, both physically and emotionally, by unilaterally uprooting them, s x moving in with another father figure, and trying to incorporate them into this "adopted" family. That said, the children both seem to like the new living arrangement and school district, although Angus, in particular, has yet to make any real friendships outside the new "family." Also, he lives in a rural setting where there are no potential playmates. Further, the commute, especially when extended, can become something of a burden, and the fact that Angus feels somewhat neglected makes the travel less tolerable. Nevertheless, I do believe that the relationship between Angus and his father is reparable and important. Respectfully submitted, Glenn R. Jacobson, Psychologist PA License # PS007127L Cc: Matthew Slivinski, Esq. ? Doug Tuttle Heather Butler file Tuttle vs. Butler, p. 2 DOUG TUTTLE, IN THE COURT OF COMMON PLEAS% Plaintiff CUMBERLAND COUNTY,PENNSYLV VIt� _ k MCC V. NO. 05-5733 nC -<> HEATHER BUTLER, CIVIL ACTION-LAW Defendant : CUSTODY F>r~ ? STIPULATION AND AGREEMENT OF CUSTODY AND NOW,this pf'~ day of 2013, having reached an agreement to modify the parties' prior Custody Agreement entered as a Consent Order on April 14, 2010,to the above term and number; and wanting to further define their physical and legal custodial responsibilities as parents in the best interests of their minor children, ANGUS CECIL TUTTLE (DOB 8/13/2000) and DARA TERESA TUTTLE (DOB 8/28/2002),the parties hereto, HEATHER BUTLER, Mother, and DOUG TUTTLE, Father, agree and stipulate and request this Stipulation be entered as an Order of Court upon the terms and conditions as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children a. Major parental decisions concerning their children including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental health treatment, education, religious training and upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy,in their children's best interests. b. Each parent has the duty to obtain and is entitled to complete and full information from their children's doctor, dentist, teacher, professional or authority and is entitled to have copies of any reports or information given to either parent,in accordance with 23 Pa.C.S.A. § 5309. C. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. d. The parents shall, in advance, attempt to mutually agree regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage, enlistment in the armed forces, approving a 1 petition for emancipation, authorizing foreign travel, passport application or exchange student status. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. 2. No Conflict Zone: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom,Dad,your grandmother, etc. d. Each parent shall refrain from encouraging their children to provide reports about the other parent. Communication should always take place directly between parents,never using their children as an intermediary. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children. b. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of an activity or circumstance concerning their children that could reasonably be expected to be of concern to the other parent. C. With regard to any emergency decisions which must be made, the parent having physical custodial.responsibility for their children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However,that parent shall immediately inform the other about the emergency. d. The parent with physical custody of their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their 2 children, and shall appropriately notify the other parent of any changes in health or educational progress. 4. Physical Custody: a. Mother shall have primary physical custody of the minor child, DARA TERESA TUTTLE; Father shall have primary physical custody of the minor child,ANGUS CECIL TUTTLE. b. The parties shall share physical custody of both children with exchanges on the weekends as follows: i. It is the intention of the parties that the minor children shall spend every weekend together with one of the parties as follows: Two consecutive Saturdays beginning at 8:00 a.m.;when Father will meet Mother at Amanda's (approximate halfway point) in Liverpool, PA, between 8:00 a.m. and 8:15 a.m. when Father will take both children to his home in Camp Hill, PA until Sunday when parties will meet at Amanda's again between 6:00 p.m. and 6:15 p.m., when Father will take the minor child DARA TERESA TUTTLE to Mother for the conclusion of Father's custodial weekend. During each other weekend, the parties will meet at Amanda's in Liverpool, PA , between 8:00 a.m. and 8:15 a.m. when Mother shall take both children for her weekend until Sunday when both parties will meet at Amanda's again, between 6:00 p.m. and 6:15 p.m., when Mother will take the minor child ANGUS CECIL TUTTLE to Father at the conclusion of her custodial weekend. In this way, it is the intention of the parties that ANGUS CECIL TUTTLE spend Monday through Friday with Father in Camp Hill,DARA TERESA TUTTLE spend Monday through Friday with Mother in Selinsgrove, and the children will spend every weekend together at either Father's or Mother's residence. ii. Every Wednesday for two hours after school, either parent may provide,with twenty four hours of advance notice,his or her decision to exercise a period of custody. iii. It is the intention of the parties and both agree that ANGUS CECIL TUTTLE will begin attending the Camp Hill School District beginning with regular enrollment in the 2013/2014 school year. C. Holidays i. The parties shall alternate physical custody of the children on Easter,Memorial Day, July 4t",Labor Day and Thanksgiving beginning with Father having Easter in 2010. 3 ii. The parties shall alternate physical custody of the children with Father having the children each Christmas Eve, beginning at. 12:00 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. iii. 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. iv. Holiday visitation shall take precedence over all other visitation herein. d. Summer: Each parties shall have two weeks of uninterrupted visitation with the children, inclusive of their weekend,by giving thirty days' written notice to the other party. Whoever provides notice first receives the requested weeks. _e. The parties agree that if either child has any sporting activities on a Saturday of her or his regularly scheduled weekend of custody, that party will attend the activity and will take the children with her or him after the event or, alternatively, will give up the time of the event, so that the minor child may attend the event. 5. The parties agree that the minor child DARA TERESA TUTTLE shall attend Selinsgrove School District and the minor child ANGUS CECIL TUTTLE will attend the Camp Hill School District. 6. Transportation: a. The parties will share transportation for the weekend periods of custody as noted in 4(b)(i) above. This time and location schedule shall also apply to holidays, Mother's Day, Father's Day and summer vacation. b. The Wednesday periods of custody for Father and Mother will be from 4:00 p.m. to 6:00 p.m. with pick up and drop off of the children at Mother's house when Father is visiting DARA TERESA TUTTLE and at Father's house when Mother is visiting ANGUS CECIL TUTTLE. 7. Father will provide a cell phone to the children for the purpose of calling Father. Mother agrees to allow the children to retain the cell phone in order to call their Father. Cell phone will not be taken to school. 8. Father will claim both children for Federal, State and local income tax purposes for as long as Mother continues to receive Social Security Disability benefits. The parties understand and acknowledge that Father is presently paying child support to Mother and is subject to an Order of Court for child support filed in Cumberland County, Pennsylvania. Father agrees that the child support order will remain in effect and will continue to pay child support to Mother in accordance with the current Cumberland County Order. 4 9. The parents shall organize ways for their children to maintain their friendships, extracurricular activities and other special interests,regardless of which household they may be in. Each parent shall confer with the other parent.before arranging regularly occurring extracurricular activities-for their children that might interfere with regular visitation. 10. Toys, clothes,-electronic devices, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents, entitling the toys, clothes, electronic devices, etc. to be taken by the children and back with the children between the different households, as reasonably appropriate. 11. . The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings,,funerals, graduations, etc. shall-be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 12. Accessibility: Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Should either party have their children spend overnight at a place other than their primary residence,the other parent will be given the address and phone number. 13. Illegal Drugs and Alcohol: The parents, during any period of custodial responsibility shall not possess or use any illegal controlled substances, nor-shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure that other household members and/or houseguests comply with the prohibition. 14. Tobacco: Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 15. Electronic Contact: Each parent shall be entitled to reasonable telephone, e-mail and/or text messaging contact with their children that shall not be excessive when in the custody of the other parent. Each parent should be promptly and politely responsive to the other parent's telephone calls, text messages and e-mails concerning parenting issues. Reasonable telephone calls include one call daily at 7:00 p.m. where each parent will assure that the children are available to receive the call. 16. Modification: It is understood and stipulated by the parties that upon mutual agreement an expanded or altered scheduled may be agreed upon between the parties and that such mutual agreement would be in the best interests of the children. 5 17. The parties hereto respectfully request the within Stipulation and Agreement of Custody be entered as an Order of Court without the necessity for a hearing. IN WITNESS WHEREOF, the parties intending to be Bally bound, agreeing to the seventeen paragrap t d abov a unto et their hands and seal the day and year hereafter set forth. ESS Doug Tuttler Date: c ®^ r ........... WITNESS Heather Butler Date: 6 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF n On this the `3U of 2013, before me, the undersigned officer, personally appeared Doug Tuttle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. NOTARIAL SEAL Notary My commis FARCI SEPH CARACIOLO Notary Public G CITY,DAUPHIN COUNTY sion Expires Oct 21,2014 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY O� i On this the, _ of , 2013, before me, the undersigned officer, personally appeared Heather Butler, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. 4::Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA N Lynn L. blic Monroe nty My Comm ,201s MEMBER,PENNSYLVANIA ASS M17ON OF NOTARIES 7 DOUG TUTTLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. No.05-5733 HEATHER BUTLER, CIVIL ACTION-AT LAW Defendant IN CUSTODY ORDER OF COURT AND NOW,this `day ofA'ax 44d 2013 upon consideration of the attached stipulation of the parties in the above-captioned matter, consisting of seven pages and beating the written consent of the parties,by notarized signature, AND upon direction of this court that the parties need not be present before the court in order to incorporate their stipulation into a consent order, IT IS ORDERED that said stipulation is incorporated herein by reference as is set forth in full,and approved as the consent order pursuant to Pa.R.C.P. 1915.,7. BY THE-CC), JUDGE 'Mcu Fi lies. t CD C7) Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Petitioner DOUGLAS TUTTLE, Plaintiff v. HEATHER BUTLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • : DOCKET NO. 2005-5733 : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. Petitioner is Defendant, Heather Butler, an adult individual residing at 1216 North Old Trail, Selinsgrove, Pennsylvania 17870. 2. The Respondent is Plaintiff, Douglas Tuttle, an adult individual residing at 125 North 20th Street, Camp Hill, Pennsylvania 17011. 3. Petitioner and Respondent are the natural Mother and Father, respectively, of two Minor Children, Angus C. Tuttle (D.O.B. 8/13/00) and Dara T. Tuttle (D.O.B. 8/28/02). 4. On or about July 30, 2013, the parties entered into a Custody Stipulation which was approved by an Order of this Court on August 12, 2013, and filed August 13, 2013. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of said Order and Stipulation. 2 adu� cb i24 loni8 5. Pursuant to the Stipulation, the parties share legal custody of the children. Petitioner has primary physical custody of Dara and Respondent has primary physical custody of Angus. 6. Pursuant to the current Order the parties are to alternate every two consecutive weekends having both children together for their respective weekends. 7. Petitioner seeks to modify the current order in the following particulars: (a) Petitioner seeks to modify the Order to reflect that the parties are alternating every weekend. (b) Petitioner seeks to modify the Order to claim Dara for tax purposes as she provides the majority of the support for her. (c) Petitioner is currently without a vehicle and seeks to modify the transportation provisions of the Order. (d) Petitioner seeks to clarify the alternating holiday schedule in the Order as, although Easter 2014 and Mother's Day 2014 were her holidays, Respondent refused to let her have the children. (e) Petitioner seeks to clarify the cell phone provision in the Order as Respondent has threatened to stop paying for Dara's cell phone. 8. The foregoing proposed changes to the current Custody Order are in the best interest of the Minor Children. 3 WHEREFORE, Petitioner respectfully requests that the Court modify the current Custody Order as specified herein. Respectfully submitted, LAVERY FAHERTY PATTERSON 4 Karl R. Hildabrand / Attorney I.D. No. 30102 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 Telephone (717) 233-7003 Fax khildabrand@laverylaw.com Attorney for Defendant/Petitioner VERIFICATION I, HEATHER BUTLER, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Heather Butler CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, with the law firm of Lavery Faherty Patterson, do hereby certify that on this /Fr day of July, 2014, I served a true and correct copy of the foregoing Defendant's Petition to Modify Custody Order, via U.S. First Class mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire Foreman & Caraciolo, PC 112 Market Street, 6th Floor Harrisburg, PA 17101-2043 . Hildabrand, Esquire Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 khildabrand@laverylaw.com Attorney for Defendant Lir THE Fit �- S70NO Tf R '. Fr i.'j 2014 JUL 29 AN IC: 56 PENNS YAND Vq OUNTY. DOUGLAS TUTTLE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5733 HEATHER BUTLER, : CIVIL ACTION - LAW Defendant : CUSTODY AFFIDAVIT PURSUANT TO 23 Pa.C.S.A §5328 and §5329 I, V?) L'1?32) C4hereby swear or affirm that: (NAME) 1. Please state whether or not you and/or another adult living in your household have been convicted of, plead guilty or no contest to the following crimes in Pennsylvania or any other jurisdiction, as follows: NO YES Me Adult in my Household Date of Conviction �r �" ❑ Contempt for violation of a Protection from abuse order of agreement; ❑ Name: ■ ri ❑ Driving under the influence of alcohol or a controlled substance or drugs; ❑ ❑ Name: ❑ Possession, sale, delivery, manufacturing or offering for sale any ❑ ■ Name: 1 2 controlled substance or other drug or device; 9 ❑ Criminal homicide; Murder; ❑ ❑ Name: Aggravated Assault; ❑ ❑ Name: • ;X Stalking; ❑ ❑ Name: ❑ Kidnapping; ❑ ❑ Name: ❑ Unlawful restraint; ❑ ❑ Name: x False Imprisonment; ❑ ❑ Name: • Luring a child into a motor vehicle or structure; Name: • • 2 9' Rape, statutory sexual assault, involuntary deviate sexual intercourse , sexual assault, aggravated indecent assault, indecent assault, indecent exposure, sexual abuse of children, sexual exploitation of children, sexual intercourse with an animal, incest; o Name: ■ � Sex offender non- compliance with registration requirements, statute, court order, probation or parole, or other requirements under 18 Pa. C.S.A §3130 and 42 Pa. C.S. §9795.2; Name: D Arson and related offenses; ❑ o Name: 9( Concealing death of a child; Name: • ,r ' Endangering the welfare of children; o Name: • Trading, bartering, buying, selling or dealing in infant children; o o Name: • 3 /Y 0 Prostitution and related offenses; ❑ ❑ Name: Date of Finding ' ❑ Obscene and other sexual materials and performances; or ❑ ❑ Name: • • ❑ Corruption of minors or unlawful contact with a minor. ❑ Name: • ❑ 2. Please state whether or not you and/or another adult living in your household have a present and/or past history involving violent or abusive conduct as follows: NO YES Me ' Adult in my Household Date of Finding ❑ A finding of abuse by a Children in Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction • • Name: Has been subject to a Protection from Abuse order in Pennsylvania or similar statute in another jurisdiction ❑ • • Name: ❑ ❑ Other: ■ ■ Name: 4 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Signature Printed Name CRIMINAL CHARGE INFORMATION FOR INDIVIDUALS INVOLVED IN CHILD CUSTODY CASES CAN BE FOUND BY ACCESSING THE JEN AND DAVE PROGRAM AT: WWW JANDAVEPROGRAMS.US DOUGLAS TUTTLE PLAINTIFF v HEATHER BUTLER DEFENDANT IN THE COURT OF COMMON PLEAS OF c, CUMBERLAND COUNTY, PENNSYLV 6. =PI cnr- r- <o p --i 2005-5733 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT CS :Z Wd 0c inr 1110Z AND NOW, Wednesday, July 30, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 20, 2014 2:30 PM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq.,�j�f� Custody Conciliator jj'' 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. /i/diond6'. 7/3///v /fx Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 • DOUGLAS TUTTLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-5733 CIVIL ACTION LAW C) r- 47? C c, -71 r►t . : -n Defendant IN CUSTODY r''= 1,1 F .Y G-7 �J j t i --1'y GGA I> c--) _,- ORDER OF COURTCO ) AND NOW, this ..v0 day of A eta , 2014, upon c6nstd&rat on of the attached Custody Conciliation Report, it is ordered and directed as follows: HEATHER BUTLER 1. The prior Order of this Court dated August 12, 2013 shall continue in effect as modified by this Order. 2. The parties shall alternate having custody of both Children on weekends from Saturday morning at 8:00 a.m. — 8:15 a.m. through Sunday at 4:00 p.m. All exchanges shall continue to take place at the Sunoco Station in Liverpool PA unless otherwise agreed between the parties in writing. The Mother shall have custody of both Children on the weekend beginning Saturday, August 23, 2014. 3. The parties' son shall be permitted to bring his bike for weekend periods of custody at the Mother's residence and the parties shall cooperate to pack the bike in such a manner that it will not cause damage to the transporting vehicles. 4. The parties shall alternate having custody of the Children on Easter, Memorial Day, July 4th, Labor Day and Thanksgiving in accordance with the following rotating schedule: In even numbered years, the Father shall have custody of the Children on Easter, July 4th and Thanksgiving and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Children on Easter, July 4th and Thanksgiving and the Father shall have custody on Memorial Day and Labor Day. The remaining provisions for holiday custody set forth in the prior Order dated August 12, 2013 and Stipulation attached to that Order shall continue in effect. 5. The Father shall continue to provide cell phones for the Children and pay the costs therefore as provided in the prior Order of Court and Stipulation. 6. The parties agree that the Mother and Angus may participate in counseling for the purpose of addressing and resolving issues that have arisen in the Mother -Son relationship. The Father shall provide all relevant insurance information to the Mother as promptly as possible following the custody conciliation conference and the Mother shall select the counselor based on the insurance availability and scheduling. 3 7. The Mother shall be entitled to claim Dara for federal, state and local income tax purposes and the Father shall be entitled to continue to claim Angus as provided in the prior Order of Court and Stipulation. 8. As provided in the prior Order of Court and Stipulation, each parent shall confer with the other parent before arranging regularly occurring extracurricular activities for the Children that may interfere with regular periods of custody. The parties shall ensure that the Children attend their regularly scheduled activities during periods of custody. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. No party shall be permitted to relocate the residence of the Children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Children consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. Edward E. Guido J. cc: " arl R. Hildebrand Esquire — Counsel for Mother Douglas Tuttle - Father. Cr) s'e s f t s ace/1y DOUGLAS TUTTLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. HEATHER BUTLER Defendant Prior Judge: Edward E. Guido 2005-5733 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Angus Tuttle Dara Tuttle BIRTH YEAR CURRENTLY IN CUSTODY OF, 2000 2002 Father Mother t .y 2. A custody conciliation conference was held on August 20, 2014, with the following individuals in attendance: the Mother, Heather Butler, with her counsel, Karl R. Hildebrand Esquire, and the Father, Douglas Tuttle, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached modifying the Order' entered on August 12, 2013 incorporating the parties' Custody Stipulation. Date Dawn S. Sunday, Esquire Custody Conciliator