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Home My WebLink About94-01943 "" ~ "" \J ~ j c9 J J lot ...... '. ../ .:+:..:.:. .<Co: :<Co<:~ ~ ~ - . , . ~' .~'*~*-~---~~~~**-~-*-)'~~:~;. ", ---------- ~-- - ~ ~ ~.' ~ w '.' IN THE COURT OF COMMON PLEAS i '.' OF CUMBERLAND COUNTY STATE OF . PENNA. S i '.' i '.' .', ~ ,', ~ ~ '.' .. ,SUSAN ..L., ..Btm'ElM)RE, "'..,,..,.... II I N (), ..1943..,..,...... ..,CI.VIL.. 1<) 94 ~ 8 , Plaintiff, " , ....--.... V"I'.';;IIS " 'I ~ .. ,L'ONALD 1,. Btm'ElM)RE, ,........ I :( * '.' " Defendant ,I IN DIVORCE ~ '.' " ~ '.' ~ ',' DECREE IN DIVORCE AND NOW".. ..A.e~..\,~. ,. ~?~,.., 191,.?~ ~ ',' ~l .. ~ it is ordered and .. ~ ... decreed that... .~~ ,~: .'?~~~.. .. .. . ... , . .. .. .. ., , .., ", plr.Jintiff, and. . . , . .. .. PP!'/N.op, P." !3!J:I:l'F:,~,R!>. .. , . .. . .. .. . .. , , .. . .. . .. , ", defend"nt, ore divorced from the honds of matrimony, ~ ~.' i ~.' i ~.' i ',' ~ ',' The court retains jurisdiction of the following c1nims which hnve been raised of record in this action for which a final order has not yet been entered; .', ~ ~ .' i ... None, i ',' .............................0....'....,.. ..0. ...... '0 ........ ...... .... "0 .', ~ ~ ..' ................... .0...0..0.0. .......0.........0....... nY/,1 The, C C') u~: ~ l~ f=:., "La ^"''''2",,,,,"", c:" '. $~ J. ~ ,'~#:rft e -Sdd: ~ ' 7'./ ' :;;;'prolhonotnry ~ ~' ~ '.' ~ ~ ~ ~ ~ ~ .':":' ':6~. .:.:. .:.:. .: .' .. ~- '---"-"---~-.~....-' ,..-. ..,,-~..... '" . -:.:. .:.:. .:.:. .:.:. .:+:. .~.:- .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:- .:+:. .:~:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:.' ~:I ;.~ , w v.o ~ '.~ ..' ~ ~ .... ~ I'" ~ 8 ~ v.o ,', ~ ; ~ ,7 .', ~ ~ ~ .... !, ~ ~ , ~ 8 ,;., :, ~ ~,~ W '7 .~ ~ ,', ~ ~ ... ,', * ~ '.' .', I: '.' * ~ ~ j~ ".' I, ,~ .,',' ,:~ , . :'~ I"" ::~ /'.' -I1I/fS- M ~ "'J:.d/~ i#/fJ ~ /l1t?~ ~ X4 . '- .~... SUSAN L. BUTTERMORE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1943 CIVIL 1994 vs. DONALD L. BUTTERMORE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for ~ntry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (3301(c)) OR 3301(d)) (1) of the Divorce Code. 2. Date and manner of service of the complaint: Acceotance of Service dated Aoril 19. 1994 {See Attached Exhibit "A"\ 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff March 8. 1995 ; by defendant March 24. 1995 .- l.\..' (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: N/A 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a cop~lsaid notice under -) section 3301(d)(1)(i) of the Divorce Code )/ LM en - IE o In N ~?: .f ~ , . .. ~ U,,"';: . (".... :r ~- .' ~~~.:. ~':. .. ..: m ... :i:! ~ -' ,~. ;.;.. ~ SUSAN L, BUTIERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE No. qtf-IQ'-l-3 (J.i4 /.u.yr..J : NO. CIVIL 1994 v, DONALD L, BUTIERMORE, 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 or relief requested in these papers by the plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary. Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 iI. "t~ 1"'."".....,- ~-. ','~". SUSAN L, BUTI'ERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PBNNSYLV ANIA : CIVIL ACTION - LAW : DIVORCE v, DONALD L, BUTTERMORE, Defendant : NO, CIVIL 1994 COMPLAINT The plaintiff, Susan L. Buttennore, by her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE UNDER 23 Pa,C,S, SECTION 330Hc) AND 330Hd) OF THE DIVORCE COD~ COUNT I 1. Plaintiff is Susan L, Buttennore, who currently resides at 148 Faith Circle, Carlisle, Cumberland County. Pennsylvania, 2, Defendant is Donald L. Buttennore. who currently resides at 107 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, 3, Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4, Plaintiff and defendant were married on August 8, 1988 in Carlisle, Cumberland County, Pe:msylvania, S, Plaintiff and defendant have lived separate and apart since March 14, 1994, 6. There have been no prior actions of divorce or for annulment between the parties, "._c ....:"'.~',j.:~...i 7, The marriage is irretrievably broken, 8, Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling, WHEREFORE, plaintiff n:quests the court to enter a decree of divorce dissolving the marriage, COUNT II CUSTODY 9, Plaintiff repeats and realleges paragraphs one through eight. 10, Plaintiff seeks custody of the following children: ~ Present Residence OOB 5/7/90 8/30/92 Kyle David Buttennore 148 Faith Circle, Carlisle, PA Emily Nicole Buttennore 148 Faith Circle. Carlisle, PA The children were not born out of wedlock, The children are presently in the custody of Susan L. Buttennore, who resides at 148 Faith Circle, Carlisle, Cumberland County, Pennsylvania, Since their births, the children have resided with Susan L, Buttennore and Donald L, Buttennore in the following residences: 88 Mooredale Road, Carlisle, Pennsylvania 17013, 923 Forest Court, Carlisle, Pennsylvania 17013, 107 Mooreland Avenue, Mt. Holly Springs, Pennsylvania 17065, 11. The relationship of the plaintiff to the children is that of mother, The plaintiff currently resides with the following persons: Jennifer Gutshall Plaintiff is married, 12, The relationship of the defendant to the children is that of father, The defendant currently resides alone, Defendant is married, 13, 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, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, Plaintiff does not know of a person nol a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 148 Faith Circle, Carlisle, PA Relationship Friend ~ Present Residence 14, The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) Plaintiff is willing to accept custody of the children; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children, IS, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, -'~--"!"""""'- WHEREFORE, plaintiff requests the court to grant her custody of the children, COUNT III EOUlTABLE DISTRIBUTION 16, Plaintiff repeats and realleges paragraphs one through fifteen. 17, It is averred that plaintiff and defendant have acquired property and joint debts during their marriage, WHEREFORE, plaintiff requests the court to enter a decree dividing the property and debts equitably between the parties and such other relief the court deems just. Date: 1/1t!~f , ~~fL Thomas M, Place Robert E, Rains Linda E, Fisher Harvey A, Feldman Supervising Attorney FAMILY LAW CUNIC 145 North Pitt Street Carlisle, PA 17013 717\243-2968 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Divorce Complaint are true and correct to the best of my personal knowledge 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 L/-13~9'1 ;,IjJfIM 'ii.(j( j;:!rLmuf1.( Susan L, Buttennore .. ~ I .'''-,' ",f!f\('. "N'C o 'I:) \,j IV) ~ ~ ~ ~ en - ~'>- "-:'1- ;::;:1 Lo' <."1 0 o/l! U;t:U:"; ~D_:,; l&...'):--:o ~.,,.-~>- .. ,::>..tU') .;.) ,-: -}..c \:~iJ~ ,-~ c, :s:: a- IJ'1 :I c--J ~ "" ... -:s . '~9 /j l-I..-Jl-J oCt L/ SUSAN L, BUTIERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION . LAW : IN DIVORCE ~ lIiJ. qtf - I q tf3 6Q...;L -r.b1MV : NO, CIVIL 1994 DONALD L, BUTIERMORE, Defendant ORDER OF COURT ;' :J.'1 I :\.., L..- AND NOW. this l S day of :) I' hI, 1994, on consideration of the attached petitioner's Affidavit, leave is granted to the petitioner to proceed in fonna pauperis to the extent that she is relieved of all costs in this action, By the Court, ~~1,t Sfv-- ~' ~ ~PR \S 2 115 f\\ '9~ :JfflCE " HrTt."l 1J~lil~~\;:; ~~~(Jcl)~J"Tl rhkC;Yl~'~lI\~ nPR IS 'f-'.'_.. L '"-- .,~ .''-'~--'''''' SUSAN L. BUTTERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE DONALD L, BUTTERMORE, Defendant ; NO, CIVIL 1994 ATTORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Elizabeth ], Vastine, of the Family Law Clinic, certified legal intern for the party petitioning to proceed in forma pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner, Plaintiffs Affidavit showing inability to pay the costs of litigation is attached hereto, Date ...; /11/"1 l ){VJ411 n., f- THOMAS M, PLACE ROBERT E, RAINS UNDA E, FISHER HARVEY A, FELDMAN Supervising Attorney FAMILY LAW CUNIC 4S North Pitt Street Carlisle, PA 17013 717/243-2968 -'--"-, .....---".,.. < ._.",,-.,...-....,, SUSAN L, BUTIERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE DONALD L, BUTIERMORE, Defendant : NO, CIVIL 1994 PETITION TO PROCEED IN FORMA PAUPERIS Susan L, Buttennore, plaintiff in the above titled action, respectfully requests this Honorable Court to grant her leave pursuant to Pa,R,C,P, 1920,62 proceed in forma pauperis to the extent that she be relieved of all costs attendant to this action. Date JIlt 1 /0/4- , THOMAS M, PLA E ROBERT E, RAINS UNDA E, FISHER HARVEY A, FELDMAN Supervising Attorney FAMILY LAW CUNIC 4S North Pitt Street Carlisle, PA 17013 717/243-2968 SUSAN L, BUITERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE DONALD L, BUTTERMORE, Defendant : NO, CIVIL 1994 AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED INFORMA PAUPERIS 1, I am the plaintiff in the above mailer and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding, 2, I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation, 3, I represent that the infonnation below relating to my ability to pay the fees and costs is true and correct. (a) Name: Susan L, Buttennore Address: 148 Faith Circle, Carlisle, PA 17013 Social Security No,: 199 - S4 - 8878 (b) Employment If you are presently employed, state Employer: Montgomery Ward Address: MI Mall, Carlisle, PA 17013 Salary or wages per month: commission; approx, $200lweek Type of work: salesperson If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: Support payments: $100,OO/wk. in child support Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: (d) Other contributions to household support Name: Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: Checking account: Savings account: DAFCU $25,00 Certificates of deposit: Real estate (including home): Motor vehicle: 1989 Ford Escort LX fully paid Stocks; bonds: Other: (t) Debts and obligations Mortgage: Rent: $325,OO/month Loans: Norwest - approx, $3,100,00 Credit Cards: Kay Jeweler's - approx, $155,00 Montgomery Ward - approx, $1,300,00 Sear's - approx, 3.500,00 (g) Persons dependent upon you for support Children, if any: Name: Kyle David Buttennore Emily Nicole Buttennore DOB: 5/7/90 8/30/92 Other persons: Name: Relationship: 4, I understand that I have a continuing obligation to infonn the court of improvement in my financial circumstances which would pennit me to pay the costs incurred herein. S. I verify that the statements made in this affidavit are tnIe and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. fi4904. relating to unsworn falsification to authorities, Date LJ - /3-Qt..j ~ 1.1g ,y( 'c!/J;;r;U~n~ usan 1.;, Buttermore :).. ~ . .. ,. .-. ,....".....:,-"....... .":""::.,1-,.:"'t:.:~-r'- .,~.': " SUSAN L, BUTI'ERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE ; NO. 1943 CIVIL 19ljj v, DONALD L, BUTTERMORE. Defendant ACCEPTANCE OF SERVICE I accept service of the attached Complaint In Divorce on behalf of Donald L, Buttermore and certify that I am authorized to do so, Date Lf-!9-9c/ I C:-' t7U~ idis, Guido & Masland 6 West High Street Carlisle, PA 17013 -::r en - >-,... '"'0- ~z ....,c..,:J~ U~Ctr l;:OU~ '''''"1:0> ':It :::;:! ~':/,!~ , t..",Z " ;~(1)~ ~. ~. :::> ~U E .... "" N en - "" .... ""'" SUSAN L, BUTIERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE DONALD L, BUTIERMORE, Defendant : NO, 1943 CIVIL 1994 CERTIFICATE OF SERVICE I, Elizabeth 1, Vastine, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of said Divorce Complaint on 10hnna 1, Deily, attorney for Donald L, Bultennore, by personally delivering a copy to the office of Saidis, Guido and Masland, located at 26 West High Street, Carlisle, Pennsylvania 17013, this 19th day of April, 1994, -~ti{i lei hI J 'U}/L i tL IJ . Eliza 1. Vas ~ Certified Legal Intern .",.. en - " en "".- "'- t:~ ~~ ti~~'~=- :;,. ~=cu..t ..~.{., '-J ,-,,1- ~: oo.,l.l-':: ::: 2~ .-~.- ~~,,:; 0,,;1 " 4,1(";'" :c C_ .... .... ('J a:: "- ~ . -.. ~ ... -"...".: .~.. v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1943 CIVIL 1994 SUSAN L. BUTTERMORE, Plaintiff . . DONALD L. BUTTERMORE, Defendant . . ACCEPTANCE OF SERVICE I, Johnna J. Deily, Esquire, attorney for Donald L. Buttermore, the above-named Defendant, do hereby certify that I accept the service of the Complaint in Divorce on this 19th day of April, 1994. Respectfully submitted, SAlOIS, , , Esquire est High treet Ca isle, PA 17013 (717) 243-6222 , , Dated: 4-ICf-Q'-( - _l. -'- ~'~ Attorney for the Defendant SAlOIS. GUIDO. SHUFF & MASLAND 26 W, "ISh Strut Carll,le, PA " '-" 6; - 5 ... "" !2 >-... '"'.. ~~... WI;"_'__ Uz<"':.r -au.... \a.:z:n> ~".~;,j .... -~...~'" ~. - -'z .,.~ ~r:_ .J~;!t;~ . '"y.:'L ~::) ~(.;. ..... L'lI => ...., SUSAN L. BUTI'E!M)RE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL 1994 1943 IXlNALD L. BUTI'E!M)RE, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT TO DIVORCE SAIDlS, GUIDO, SHUFF & MASLAND 26 W, High Slreel Cllcll,le,PA (1) A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April 15, 1994, (2) Defendant acknowledges that service of the Complaint was made by certified mail on April 19, 1994. (3) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (5) I consent to the entry of a final decree of divorce. (6) I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. (7) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. Being so advised, I do not request that the Court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the Cou~t. 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, 7ho/9''T / / ~.:I~ ald L, Buttermore , Defendant Dated: ~ ~ = - ~ g ~ '; .s; .. >-... "'.... ;::.., ~c.,.;:oq - <.>- ~~(.>~ 4o.:t:'Q::' ~';:'''''':r .,.1 ''':~,~< .l.;-"?; ..J:' <",-'J . .... . ~^ ~~, f: '.' -,"""',-'~..-.,'" ...., SUSAN L. BUTfERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE DONALD L. BUTfERMORE, Defendant : NO, 94-1943 CIVIL TERM AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was tiled on April IS, 1994, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3, 1 consent to the entry of a final decree of divorce, '4, I understand that I may lose rights concerning alimony, division of property, , . lawyer's fees or expenses if I do not claim them before a divorce is granted, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904, relating to unsworn falsification to authorities. Date ,,'~!r J '1,'5 I Susan L, BUllennore .---~.,.""..:."_.".......",, ~ - >-~ ~~ 1.IJt:;~.. ~z:c,.:.;; l6..ou.i 1...:eO" 01-7;:"" : <""I...i >- ;_l:~ -I"/) :-; .;"a:: 'Z .~.I.IIIJZ ''--:.r:ttlW .... XQ.. ...=> 0" 5 ... Q co "" :E! -~-'" . SUSAN L. BUTTERMORE, Plaintiff, I14R'8 : IN THE COURT OF COMMON PLEAS OF /995 : CUMBERLAND COUNTY, PENNSYLVANIA ;,... v, : CIVIL ACTION - LAW : IN DIVORCE. CUSTODY, : EQUITABLE DISTRIBUTION : NO, 94-1943 CIVIL TERM DONALD L. BUTTERMORE, Defendant, ORDER OF COURT AND NOW, this qtH day oc!J'Y)M.'jr. 1995, upon agreement of the parties, the attached property and settlement agreement shall be entered as an Order of Court, By the Court, /dzu.v/.F J{~~/ , J, ~.; ~~ HAR IQ ~ ~~~~ 'I or .~EL ;,n~ttr5i~f!1 CUHOERLI,'11l C~U~l'f PEI.~SIlV~lil~' . -,-.'.. ~ . SAlOIS, GUIDO, SHUFF & MAS LAND 26 W. "ISh Slr<cl Oull"., PA PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this ~~ day of I7IMcJ... , 199&' between DONALD L. BUTTERMORE, of Mt. Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N o SUSAN L. BUTTERMORE, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties have been living separate and apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangements therewith, the division of their marital property and other rights and obligations growing out of their marriage. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound it is agreed as follows: (1) It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit. (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims or demands up to the date of the execution hereof. (3) The parties are the owners of certain real estate with improvements thereon erected known as 107 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. SAlOIS, GUIDO, SHUFF & MASLAND 26 W. HI&h Slreet CorU.I., PA Wife agrees to convey said real estate by special warranty deed to Husband. Husband shall assume full responsibility for all household expenses including, but not limited to, the mortgage to Farm Horne Administration, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby agrees to hold Wife harmless and indemnify her from any loss thereon. Husband agrees within six (6) months from the date of this agreement to use his best efforts to refinance the loan obligation in order to remove Wife's name. At the time of said refinance, Wife agrees to sign the special warranty deed conveying the property over to him. (4) In the event that either party contracted or incurred any debts since the date of separation on March 14, 1994, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have certain outstanding debts and obligations. The parties have filed for protection under Chapter 7 of the United States Bankruptcy Code, and it is understood that these unsecured debts will be discharged through the bankruptcy. , . , ,. I in the possession of the Husband, and the 1993 Saturn that is in possession of the Wife. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility for any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) The parties hereto mutually agree that they have SAIDIS, GUIDO, SHUFF & MASLAND 26 W. HI&h Slreel C",lill.,PA effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts and "."; Husband's retirement and pension account. (8) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (9) Each party is now represented by counsel of his and her own choice, and each shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf . (10) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and incomes of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this agreement is specifically waived. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all said party's rights against the other for past, present and future claims on account of SAIDIS, GUIDO, SHUFF & MASLAND 26 W. Hi&h Slrecl CorU.,c, PA support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High Slreel C",U.I.,PA law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; c. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; acquired, including but not limited to all rights or claims: and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High Street CorU.I., PA H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (14) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (15) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (16) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party shall pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. SAlOIS, GUIDO, SHUFF & MAS LAND 26 W. llI&h Slreel C",U.I.,PA (17) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this agreement and that they have executed this agreement under no compulsion to do so but as a voluntary act. (18) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (19) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. . .. , ! IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. ~cJ~ o nald L. Buttermore ~~tJ~ usan L. Bu'tterrnore SAlDIS, GUIDO, SHUFF & MASLAND 26 W. H1&h Slree. Carll.le, PA SAIDIS, GUIDO, SHUFF & MASLAND 26 W. "I&h Slreel Carlisle, PA SUSAN L. BUTTERMORE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1943 CIVIL 1994 v. DONALD L. BUTTERMORE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT TO DIVORCE (1) A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April 15, 1994. (2) Defendant acknowledges that service of the Complaint was made by certified mail on April 19, 1994. (3) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (5) I consent to the entry of a final decree of divorce. (6) I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. (7) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. Being so advised, I do not request that the Court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the Court. 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. Dated: 3ft 'f/75 , I ~~ ~~~- D nald L. Buttermore, Defendant - ~ ,--". --> .' .-. ,--~ Hl,:1'\-'.,- .-.... .~ '":.~.-:-..,.-:.-:~,.-....~"._.. --". ,^' ~ $ , ';f 'J-. ~4 "tS-.:l JS ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1943 CIVIL 1994 SUSAN L. BUTTERMORE, Plaintiff DONALD L. BUTTERMORE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT TO DIVORCE (1) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 15, 1994. (2) Defendant acknowledges that service of the Complaint was made by certified mail on April 19, 1994. (3) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (5) I consent to the entry of a final decree of divorce. (6) I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. _ (7) I have been advised of the availability of marriage :counselling and understand that I may request that the court require that my spouse and I participate in counselling. Being so advised, I do not request that the Court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the Court. SAlOIS, GUIDO, SHUFF & MASLAND 26 W. "I&h Slreel Carllsle,PA 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. Dated: 3ft. 'f/75' , I ~h~ ~=,~ D nald L. Buttermore, Defendant ~ if: ~ N ... 4~' .- ;..J:r.~ c.."....... 4f ~:t.;;-',.,. ~~ ;~?:':. ") ~:"!,>-~ .... :;:~ ;:~ ~;;: .....:: O~ - ~ .., == ~ . '.) -...( h) -\., I Q ii z < ~ ... ~.I ..... ~ rIJ !ii~a !~ ~ fa ~~~<:s: .... fi~ u ~'" z~ IE >< Z U Oli!Xwf::' ij~ I~ ~ o 0 a.,;:: ~ 805:5;;; :s ~ ' '</lZ J \.:)a.,~-o .j.J ",...Ix "M ~ Nl:l::a., j& rIJ tS ~I~ - . Q > ~ - i!:i 2 < rIJ SEP 27 ~ck, .' . DONALD L. BUTTERMORE, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 1943 CIVIL 1994 SUSAN L. BUTTERMORE, Respondent/Plaintiff ORDER OP COURT AND NOW, this o'fiAday of SePh:....."CT , 1994, upon consideration of the attached Complaint, it is hereby directed that he parties and th~ir respective counsel appear before '^ bt-(;- 'I.. b, \rOoI t.." , the concil,i,ator, !it . I- l<.\?( l...."". J- d WA-v on the ..., th day of 0....'" ry , 1994, at ) c) .M., 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 permanent order. FOR THE COURT, BY: Custody Con iliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Qne Courthouse Square Carlisle, PA 17013 (717) 240-6200 , -'I ~ j; ; SEP 30 2 19 f'H 19~ '.; f ICF (of' . q'Jh:: 1 :Of,l' Clll'<lr~~ ";1:' L,(:,I,fY rl"'~,'.ll'j...:tlrt':' :.i . . v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1943 CIVIL 1994 DONALD L. BUTTERMORE, Petitioner/Defendant SUSAN L. BUTTERMORE, Respondent/Plaintiff CUSTODY PETITION AND NOW, comes your Petitioner Donald L. Buttermore by and through his attorneys Saidis, Guido, Shuff & Masland and respectfully avers the following: 1. Your Petitioner is Donald L. Buttermore, an adult individual residing at 107 Mooreland Avenue, Mt. Holly Springs, Pennsylvania, Cumberland County, Pennsylvania 17065. 2. Your Respondent is Susan L. Buttermore, an adult individual believed to be residing at 229 W. Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence D.O.B. Kyle David Buttermore 107 Mooreland Avenue Mt. Holly Springs, PA 5-7-90 Emily Nicole Buttermore 107 Mooreland Avenue Mt. Holly Springs, PA The children were not born out of wedlock. 8-30-92 SAlDIS, GUIDO, SHUFF & MASLAND 26 W. H1&h Slreel Carlisle, PA The children are currently in the custody of the Petitioner. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Susan L. Buttermore & Donald L. Buttermore 88 Mooredale Road Carlisle, PA 17013 From Birth to June 1991 Susan L. Buttermore & Donald L. Buttermore Susan L. Buttermore & Donald L. Buttermore Susan L. Buttermore Susan L. Buttermore & Donald L. Buttermore Susan L. Buttermore Susan L. Buttermore & Donald L. Buttermore Donald L. Buttermore 923 Forest Court Carlisle, PA 17013 107 Mooreland Avenue Mt. Holly Springs, PA North East Street Carlisle, PA 17013 107 Mooreland Avenue Mt. Holly Springs, PA 148 Faith Circle Carlisle, PA 17013 107 Mooreland Avenue Mt. Holly Springs, PA 107 Mooreland Avenue Mt. Holly Springs, PA June 1991 to October 1992 October 1992 to June 1993 June 1993 to September 1993 September 1993 to March 1994 March 1994 to July 1994 July 1994 to September 19, 1994 September 19, 1994 to Present The mother of the children is the Respondent, currently residing at 229 W. Ridge Street, Carlisle, PA 17013. She is married. The father of the children is the Petitioner, currently residing at 107 Mooreland Avenue, Mt. Holly Springs, PA 17065. He is married. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following Kyle David Buttermore Emily Nicole Buttermore person: SAlDIS, GUIDO, SHUFF & MASLAND 26 W. "I&h Street Carll..e, PA Name Relationshio Son Daughter 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: Name Relationshio Friend Denise Morrison and her two children 6. Plaintiff has not participated as a part or witness, or in another capacity, on other litigation concerning the custody of the children in this or another court except: for this action. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. The court, term and number, and its relationship to this action SAlDIS, GUIDO, SHUFF & MASLAND 26 W. HI&h Slreel Carlille,PA is: Not applicable. 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. The name and address of such person is: Not applicable. 7. The best interest and permanent welfare of the children will be served by granting custody to the Petitioner because the Petitioner has been the primary care giver to the children since their birth; the Petitioner has been moving in and out and spending time with various individuals, creating an unstable environment for the children; the Respondent is unemployed at this time; the Petitioner has a stable job and is able to provide child care for the children himself rather than put them in a day care. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All SAlDIS, GUIDO, SHUFF & MASLAND 26 W. llI&h Slreel Carll..e, PA ...-.....-."'.. ~ other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Not applicable. WHEREFORE, the Petitioner requests this Honorable Court to grant him custody of the minor children. Respectfully submitted, Dated: q-. z" .qr- Jo 26 Ca (7 Attorney for the Petitioner/ Plaintiff .. VERIFICATION I verify that the statements made in this Complaint 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 the authorities. DATED: ~f./1r . .,~ :dr~ nald L. Buttermore, Plaintiff SAlDIS, GUIDO, SHUFF & MASLAND 26 W. HI&h SlrcCl Carlisle, PA \ OCT 26 1994 dll-t SUSAN L. BUTTERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY DONALD L. BUTTERMORE, Defendant : NO. 1943 CIVIL 1994 CUSTODY AND VISITATION AGREEMENT THIS AGREEMENT. made this JOUlday of ~, 1994, between plaintiff, Susan L, Buttermore, hereinafter Mother. and defendant, Donald L, Buttermore, hereinafter Father, concerns the custody and visitation of the children: Kyle David Buttermore, born on May 7, 1990 and Emily Nicole Buttermore, born on August 30, 1992. WHEREAS, plaintiff and defendant desire to enter into an agreement as to the custody of the children and to have this agreement made an Order of Court, plaintiff and defendant agree to the following: 1. The parties shall have joint legal custody of the children with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. The parties shall mutually agree upon the medical care, day care and schooling of the children. 2. Mother and Father shall have shared physical custody of the children, The primary address of the children will be that of the Father unless (he Father moves from his current address of 107 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. Upon a move by the Father, the primary address of the children will be determined by mutual agreement of the parties, 3. The custody schedule for the children will be determined by a mutual agreement of the parties, .: ,. 4. Custody of the children on major holidays will be determined by a mutual agreement of the parties. 5. The parties will not be under the influence of drugs or alcohol in the presence of the children. 6. The children will wear a seatbelt at all times while in a moving motor vehicle when in the custody of either party, 7. Neither the Father nor the Mother will speak ill of the other whilc the children are in his/her custody. 8. The children will not be removed from the Commonwealth without the consent of the other parent. 9, When the children attain school age, they will attend Mt. Holly Springs Elementary School as long as the father remains at the present address of \07 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania or is within the sending district of that school. When the mother has custody of the children during the school year, she agrees to provide transportation for them to and from school. If the Father moves outside the sending district for the Mt, Holly Springs Elementary School, the new school will be chosen by mutual agreement of the parties, 10, The parties agree that this Agreement will be entered as an Order of Coun to the above term and number and will continue in full force and effect until funher Order of Court and/or Agreement of the parties, \\, This agreement and Order of Court shall replace and supersede any existing Custody Agreement between the panies, -'''~-''''-""",,,,~ ,. . .0 12, The parties hereto intend to be legally bound by the terms of this agreement. ~~- ~ld L, B~rmore Defendant ~I ,\!)nX1.~1tAdl:rVI?'L(jlp Susan L. Buttermore Plaintiff I / C-%lO /k" L./Yl ()~ Tara J. 'tr endall Studentl'i. orney ~~~ THOMAS M, PLAC ROBERT E. RAINS UNDA E, FISHER Supervising Attorney THOMAS L. PEELER Staff Attorney ~~e:f; FAMILY LAW CLINIC 45 North Pitt Street Carlisle. PA 17013 717/240-5204 Approved and Entered as an Order of Court. Date: Oc i- 1.(P / 91el I / ~'"/t .j~ V:NV^lA'3~1I3d J.lWE<i f!.t-:~\jjf!wn~ Ani ;~~;;,' . -, ~ JO 3DI:J.~( ".' : ~61 H,; Lt Z 92 I~O SUSAN L, BUTIERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY DONALD L, BUTIERMORE. Defendant : NO. 1943 CIVIL 1994 CERTIFICATE OF SERVICE I, Tara J, Kirkendall, Certified Legallntem, Family Law Clinic, hereby certify that I have serVed a true and correct copy of said Custody and Visitation Agreement on Donald L, Buttermore, residing at 107 Mooreland Avenue, Ml. Holly Springs, Cumberland County, PeIUlSylvania, by depositing a copy of the same in the United States mail, addressed to Johnna Deilly, 26 West High Street, Carlisle, Cumberland County, by first class mail, postage prepaid, this 27th day of October, 1994. c;; >->- "'... 0(=.. lal~~;r ~~(.)...t ~-i:e~ a- -')oa . ',01"., .::. ; ~-'.."" .J ~ '.Z "wlIW :'::..c~"" .-;;;> ~<.> CO '-"":'; ~.'-'-- a; - :lC 0- o o ('oJ - .... ~ NOV 0 71~cJL DONALD L. BUTTERMORE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1943 - CIVIL - 1994 . . SUSAN L. BUTTERMORE, Defendant . . :CIVIL ACTION - CUS'l'ODY L. COURT ORDER AND NOW, this ? Y day of II/()v. ,1994, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. CJi Hubert X. Gilroy, Esqu Custody Conciliator \,1 ". ..\ .. ,;C'J IIOA 10 !~ n ''l ta~ ",,"'-"1"-~ ......jT...,.. "'.,. Nav 10 /2 12 PH '9~ ! ! "i . [ ~ , ~ I i ILEO-OFFICE Of Tk~ 1'1I0THONDTUY CUHBERLAND CIJUHTY PEHNSYl VANIA :~ : ~.I JUN 151994Jr- SUSAN L. BUTTERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY v. DONALD L. BUTTERMORE, Defendant ~ NO./1'1.gIVIL 1994 CUSTODY AND PARTIAL PHYSICAL CUSTODY AGREEMENT THIS AGREEMENT, made this.,1C,7fiay of ma.y . 1994, between plaintiff, Susan L. Buttennore, hereinafter mother, and defendant. Donald L. Buttennore, hereinafter father, concerns the custody and partial physical custody of their children, Kyle David Buttennore, born on May 7, 1990 and Emily Nicole Buttennore, born on August 30, 1992, WHEREAS, mother and father desire to enter into an agreement as to the custody of the children and to have this agreement made an order of the court, plaintiff and defendant agree to the following: 1, Legal custody of the children shall be joint with both parties having the right to make major parenting decisions affecting the children's health. education and welfare, 2, Mother shall have primary physical custody of the children subject to reasonable partial physical custody by the father. 3. Custody of the children during specified periods shall be as follows: a) Father shall have custody for two consecutive weekends, During the first weekend, father shall have the minor children from Saturday morning until Monday morning when he transports them to day care, During the second weekend, father shall have the minor - ~ ~. ,: Ie E :If'.:.~ 'C'I.~rt.~y r;L_ll,~:..;; .... r:(';'lry .' f ~llj ~f,~ ,'. "~I . t. JUH IG 1/ '16 ~H 'gq \ .r children from Saturday morning until Sunday evening when mother returns from work, Mother will spend the remainder of that evening with the children and will transport them to day care that following morning, Every third weekend, mother shall have custody of the children from Saturday morning until Monday morning when the children are taken to day care, b) Father shall have custody of the children every Tuesday afternoon from 4:00 p.m. until father transports the children to day care the following morning, c) Father shall have custody of the children for periods which correspond with his vacation, These periods of partial custody will be mutually agreed upon by the parties. d) Father shall have custody of minor children from the evening of Christtnas Eve until Christmas Day at noon, Mother shall have minor children from noon on Christtnas Day until a few days thereafter as mutually agreed upon by the parties, Father shall have custody of minor children for a few days following the holiday visit with mother as mutually agreed upon by the parties, e) Thanksgiving day will be split between mother and father as mutually agreed upon by the parties. One parent will have custody from 10:00 a,m. until 2:00 p,m.. The other parent will have custody from 2:00 p,m. that day until the following morning, t) The parent who has custody of the children during the Easter weekend will have the children on Easter Sunday until 2:00 p.m,. The other parent will have custody of the children from 2:00 p.m, Easter Sunday until the following Monday morning when the children go to day care, g) Custody on Memorial Day, Fourth of July and Labor Day shall be mutually agreed upon by the parties, .c h) Mother's Day will be spcnt with mother. i) Father's Day will be spent with father, j) Custody on the children's birthdays will be mutually agreed upon by the parties, k) Partial custody on behalf of father may be exercised at other mutually agreed upon times. I) Parties may mutually agree to a designated location to either pick up or drop off the children during visitation pcriods, 4. Pather understands that thc Family Law Clinic represents only the mother's interests in this matter. 5, The parties hereto intend to be legally bound by the terms of this agreement. I. .. .,' 6, The parties agree that this agret:ment will be entered as an order of court and will continue in full force and effect until further order of court and/or agreement of the parties. ~:t.~ onald L, Buttennore ~~~ rl ~At;ctWft.N. Susan L, Buttennore f~'1 ltlh.../ If)aJLL 11../ ElizabC:th J. V t' e Certified Legal ntem ~t'Ck Robert E, Rains Linda E, Fisher Harvey A, Feldman Supervising Attorney FAMILY LAW CLINIC 145 North Pitt Street Carlisle, PA 17013 717\243-2968 Approved and entered as an order of Court, Date: ~ \~ ICf'lL/ ) I Eo J. l:R - ~3>- ....-.- -i'" :'*'!i t--.:.r ~ ;;~:~::;71 0") '-' ;:~ ~ ,^~. ~,::' ,:t ft' ~~ (.:.;3 ',",~': ~ u. I.:....I,'J Q.. .. .'~ . t .., I.",' (,..0-, i ~ -,,' SEP 2 7 lYY:l bl- Q Z :s ... rIJ - :< !ii~a e ::e~~<:s: IE ~><liiffi~ o 80li!6a.~ ~ .-..- -< ~O:C~W ..J \.:)a.:~~~ ~ ~Al:c en -<a. _ u 8 < rIJ . , ." SUSAN L. BUTTERMORE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1943 CIVIL 1994 v. DONALD L. BUTTERMORE, Defendant ORDER OP COURT AND NOW, this;171~ day of 6;-fJf-C7IlJ}(r ,1995, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before lA. b (-(1- ., I(b r , the conciliatQr, at O~( l... ,oM on the --:)oJ'- day of tY , 1995, at . .M., 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 permanent order. FOR THE COURT, BY: ~ 11 iY k.~E5t1 cu~l~~iliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SAID IS, GUIDO, SHUFF & MAS LAND 26 W. High Slreel C",lIsle,PA YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 . ",C'A', __ ~,., '.. Sfp 28 3 31 PH '95 ':'f ':., dJ' 1); FieI:' CIJ~ (-, ::,:: ;}t(~~!r;"'~ Aliy ...\ ,. . . ..1" ~. .~', ....!;" ' ~~.t;S Qd. ~ /Ha~ ~4 fAJ 9.~-9J 'Ma M~ ~ ~ ?~,g- ~~4 ej/. ~.;t. , , '-'-"'-;' ._~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1943 CIVIL 1994 SUSAN L. BUTTERMORE, plaintiff DONALD L. BUTTERMORE, Defendant COMPLAINT POR CUSTODY AND NOW, comes the Petitioner, Donald L. Buttermore, by and through his attorneys Saidis, Guido, Shuff & Masland and respectfully avers the following: (1) Your Petitioner is Donald L. Buttermore, an adult individual residing at 107 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. (2) Your Respondent is Susan L. Buttermore, an adult individual residing at 146 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17013. (3) The Petitioner seeks custody of the following children: Name Present Address D.O.B. Kyle David Buttermore 107 Mooreland Avenue 5-7-90 Mt. Holly Springs, PA 17065 Emily Nicole Buttermore 107 Mooreland Avenue 8-30-92 Mt. Holly Springs, PA 17065 SAID IS, GUIDO, SHUFF & MASLAND The children are presently in the custody of the Petitioner 26 W. High Slreel C",lIsle,PA at his residence; however, a Custody and Visitation Agreement dated October 20, 1994 and entered as an Order of Court on October 26, 1994 as attached hereto and made a part hereof marked as Exhibit "A", has been in effect. During the past five years the children have resided with the following persons at the following address: Person Donald L. Buttermore & Susan L. Buttermore Donald L. Buttermore Shared situation with Donald L. Buttermore Susan L. Buttermore Donald L. Buttermore & Susan L. Buttermore, with Petitioner being primary caregiver Donald L. Buttermore being primary caregiver Address Date 107 Mooreland Ave. Oct. 1992 to Mt. Holly Springs, PA Sept. 1994 107 Mooreland Ave. Sept. 1994 to Mt. Holly Springs, PA Nov. 1994 107 Mooreland Ave. Nov. 1994 to Mt. Holly Springs, PA Dec. 1994 107 Mooreland Ave. Jan. 1995 to Mt. Holly Springs, PA March 1995 107 Mooreland Ave. Mt. Holly Springs, PA April 1995 to the Present The mother of the child is the Respondent, Susan L. Buttermore, currently residing at 146 Kerrsville Road, Carlisle, PA 17013. She is divorced. The father of the child is the petitioner, Donald L. Buttermore, currently residing at 107 Mooreland Avenue, Mt. Holly Springs, PA 17065. He is divorced. (4) The relationship of the Petitioner to the child is that of natural Father. The Petitioner currently resides with the following persons: SAIDIS, GUIDO, SHUFF & MASLAND 26 W. HI&h Slreel Corllsle, PA Name Kyle David Buttermore Emily Nicole Buttermore Relationshio Son Daughter (5) The relationship of the Respondent to the children is that of natural Mother. The Respondent currently resides with the following persons: ~ Relationship Boyfriend Jeffrey Cromer SAlOIS, GUIDO, SHUFF & MASLAND 26 W. HI&h Slreel C",U,le,PA (6) Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, except by Agreement by the parties as attached. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (7) The best interest and permanent welfare of the children will be served by granting the relief requested because the children have lived with the Petitioner all their lives; Petitioner's work schedule provides more of a stable schedule with the children, and the children will be able to remain in the same School District if they remain with the Petitioner. (8) Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All others named below who are known to have or who claim right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: N/A. WHEREFORE, the Petitioner respectfully requests Your Honorable Court to enter an Order as follows: (a) Shared custody between the parties for two (2) weeks with the Petitioner, two (2) weeks with the Respondent; (b) On the weeks where the children are in the physical of the Respondent, the Petitioner shall provide babysitting services for work with the childrens' current babysitter, Kim Ritchie; (c) The Respondent may have an evening per week on her non- custodial weeks; (d) A shared Christmas situation; (e) The children shall remain in the Carlisle School District; (f) The parties will share unreirnbursed medical expenses for the children as long as there is no Order for child support at this time. Respectfully submitted, SAIDIS, GUIDO, SHUFF & MASLAND Dated: 9- 7S" .9j- Joh Attorney for the Plaintiff SAIDIS, GUIDO, SHUFF & MAS LAND 26 W. Hi&h Slree. CorUsle, PA SAIDIS, GUIDO '" MASLAND 26 W. HI&h S"CCI Carlisle, PA VERIFICATION I verify that the statements made in this Complaint 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 the authorities. DATED: q- 25 -'1 Y ~~'~~ Do L. Butt~, Plaintiff DEe ,,',' ~.':: Il_ l', . ...~" or- SUSAN L. BUTTERMORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1943 - CIVIL - 1994 . . DONALD L. BUTTERMORE, Defendant . . :CIVIL AC:rION - CUSTODY COURT ORDER AND NOW, this ~ day of ~o , 1995, the Conciliator being advised that the parties have reached an agreement in this case, the Conciliator relinquishes jurisdiction. F1lED-OFFICE OF lHE PROTHONOTARY 95 DEe 13 AM 9: ~ 9 CUM8ERLAI-.JD COUNlY PENNSYlVANIA .~ c:\wp5I\jr\buuennorUlp fiI~' 4831.1JS.01 " ~ - . va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1943 CIVIL ACTION SUSAN L. BUTTERMORE, Plaintiff DONALD L. BUTTERMORE, Defendant IN CUSTODY AND now this ORDER OF COURT / ~ rH J day of VJ/)i/ tLuVV--; 1996, the terms of the attached Stipulation of the Parties is hereby entered as an Order of Court. By the Court, IJcV-j ~ . ~ J. "~\I' ?1! ':"'~ .., ,.1,..\. .1\,'1...1 II\!("'" :.':'.~ - J ,_....1 ,f .,' ....,;-.'".._..) ,.. ", '.." FLOWER, MOIlG_ FLOWER> L1NO~ A PAO....SSIOHAL COR~O"AT10H ""D"NEV. AT LAw 6:/ :;]/ !;'.I r I' ..', c:: . \..... ..-,,J : 'J I,: I " . ,....,_..:. ...... '-'....; ..J '; ,'r"' ..jI\UJ()' nO":!.I -. ..v ....v ... -L':J 11..:;, JAMES D. FLOWER. JR. II E. HIGH ST. CARLISLE, PA 17013 (717) 243.!5!513 FAX .717) 243.ftS' 0 c:\wpSl\lr\buuenno.e.a'p file (I 4831~1 " VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94.1943 CIVIL ACTION IN CUSTODY SUSAN L BUTTERMORE. Plaintiff DONALD L. BUTTERMORE, Defendant THIS Stipulation is entered into this II Jt day of ~L , 1996, by and between SUSAN L. BUTTERMORE, of 146 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter MOTHER, and DONALD L. BUTTERMORE, of 107 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065, hereinafter FATHER. 1. The parties are parents of Kyle David Buttermore, born May 7, 1990; and Emily Nicole Buttermore, born August 3D, 1992. 2. A Complaint concerning custody of the aforesaid children was filed by FATHER to the above term and number on or about September 26, 1995. 3. MOTHER and FATHER shall have joint custOdy of the aforesaid children, 4, MOTHER shall have primary physical custody of said children, and FATHER shall have partial custody of said children. 5. The parties shall share custody of said children in the following manner: A. FATHER will pick up the children from the babysitter at approximately 5:30 p.m. on Monday afternoons and will exercise partial custody of them until approximately 5:30 p.m, on Wednesday afternoons, at which time MOTHER will pick them up from the babysitter. - .. "'0'-'.-,,- ~~~.~.~ c:\wpSl\jr\buu.nno'.....p fiI. # 4831-95-01 '. . . B. MOTHER and FATHER will each have custody of the children on alternating weekends, for a custody period to extend from 5:30 p.m, on Friday afternoon until Monday morning, at which time the parent exercising custody will drop the children off with the babysitter. C. The aforesaid schedule shall continue through the Summer with the understanding that if either party has a vacation period of up to two weeks, that party would be entitled to have the children during the vacation, whether traveling or remaining at home. D, On Christmas of 1996 FATHER will have the children from Christmas Eve until 3:00 p.m. on Christmas Day, at which time MOTHER shall have custody of the children for the remainder of the Christmas Day and until 5:30 p.m. the next day, This schedule shall alternate such that the parents shall each have the children on Christmas Eve and Christmas Day until 3:00 p.m. on alternating years. E, On Thanksgiving, MOTHER shall have the children on Thanksgiving Day until 3:00 p,m" and FATHER shall have the children from 3:00 p.m, on Thanksgiving Day until 5:30 p.m. on the following day, This schedule shall not alternate unless by agreement of the parties. F. The parties shall cooperate to share custody of the children on Easter Sunday, and to share custody of both children on the birthdays of either child. 1 c:\wpSl\lr\buu.rmo......p file # 4831-95-01 '. 6, With respect to support, FATHER shall pay all of the child-care expenses up to $75,00 per week, and the parties shall share child-care expenses to the extent that they may exceed $75.00 per week. FATHER will pay for all medical expenses in excess of the medical insurance, and MOTHER and FATHER shall share dental expenses equally, to the extent that they may exceed any available insurance coverage. The parties shall each pay for one-half of the cost of the children's clothing, 7, FATHER shall be authorized to claim Emily as a dependent, and MOTHER shall be authorized to claim Kyle as a dependent. 8. The terms of this Stipulation shall be entered as an Order of Court, Witness: r, -- ~~AJCjl~&&"1t 1IJnN7 Susan L. Buttermore ~.....J,I ;;l. ri{~ on aid L. Buttermore 3 t.,:"""",,,-'?__. , c:\wpllIjdQrdoc.IbuacI1llOR.,.. . . SUSAN L. BUTTERMORE, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94.1943 CIVIL ACTION vs, DONALD L. BUTTERMORE, Defendant. IN CUSTODY ORDER OF COURT AND NOW, !hr, ( f(tff- day of ~~ ' 1997, the terms of the attached Amended Custody Agreement of the parties is hereby entered as an Order of Court, BY THE COURT: . J, -- ,---._,...............-'",.~~....,-,... ,- .~,.... .....~ -\.,..:....:, ~. r:-~;:~~,,_~~ ~ AlEl}{lFFlCE or- 1r.t. PPOiPQl\'OTAAV 91 .lUL \8 Pl1 2: 48 C:U'!~'::-'I '.' l'U"'J"1V "ltJi.t".~J I,.u v . I~I' PENNSYLVN.!l~ , e:\wp~l\jdJjrdot'l\buUtnnorr.eu. SUSAN L. BUlTERMORE, Plaintiff, vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-1943 CIVIL ACTION DONALD L. BUlTERMORE, Defendant. IN CUSTODY THIS STIPULATION is entered into this if..Jt. day of 1997, by and between SUSAN L. BUTfERMORE, of 146 Kerrsvllle Road, Carlisi, Cumberland County, Pennsylvania, hereinafter "Mother", and DONALD L. BUTfERMORE, of 107 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, hereinafter "Father". 1, The parties are the parents of the child KYLE DAVID BUTfERMORE, born May 7, 1990, and EMILY NICOLE BUTfERMORE, born August 30, 1992, A Complaint concerning custody of the aforesaid children was filed by Father to the above term and number on or about September 26, 1995, 2, The parties entered into a Stipulation for custody on or about March 11, 1996, which Stipulation was approved and entered as an Order of Court on March 15, 1996, by the Honorable Harold E. Sheely, 3. Mother and Father shall have Joint custody of the aforesaid children, 4, Mother shall have primary physical custody of said children and Father shall have partial custody of said children, 1 c:\wpSI\jdQrdou\buaennorr.CUI ., .' 5. Father shall have partial custody of said children in accordance with the following schedule: A. Father shall have the children every other weekend from Friday after school until Sunday at 5:30 p.m.; B, Father shall have the children for one overnight visit during each week, which shall be as arranged between the parties, but shall ordinarily occur on a Wednesday, with Father picking the children up after school and dropping them off at the babysitter early the next morning; C. Father shall have the children for a continuous period of one month during the school summer vacation, during which period of extended partial custody Mother shall have the same rights of partial custody as Father has during the remainder of the year; D, On Christmas of 1997, Mother will have the children from Christmas Eve until 3:00 p,m, on Christmas Day, at which time Father shall have custody of the children for the remainder of the Christmas Day and until 5:30 p,m. the next day, this schedule shall alternate such that the parents shall each have the children on Christmas Eve and Christmas Day until 3:00 p.m. on alternating years; E. On Thanksgiving, Mother shall have the children on Thanksgiving Day until 3:00 p.m., and Father shall have the children from 3:00 p.m, on Thanksgiving Day until 5:30 p,m, on the following day, This schedule shail not alternate unless by agreement of the parties; 3 . c; \wp'" \jdljnlon\buarnnore.cw; F, The parties shall cooperate to share custody of the children on Easter Sunday, and to share custody of both children on the birthdays of either child; 8. The terms of this Stipulation shall be entered as an Order of Court. WITNESS: #0 ~ ({U:fN!\P Susan L. uttermore ~~~~ nald L. Buttermore 4 ~ ....A',~-.',d'.<.._.;<,' ~~ C\" I .... ,., ..':J (.; 1":"'(," .. < ... . . , (.,....: -. . :~ '~ ,.,. ...,'. <.- L; ~.- " .. fto,fo , U::I. i . ... li.. L , :1, ,",--. . I - .._1 I -J :... ,. t- ., (j , O' Cj . .. VO._ _"..H"oh". ~ ...--,..,~ /ii1;';;iU';- w "",,~,,"t C)i:. . ~ J , . 4 vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1943 CIVIL ACTION SUSAN L. BUTTERMORE, Plaintiff, DONALD L, BUTTERMORE, Defendant. IN CUSTODY ORDER OF COURT I Clff+ ~'L.P.<;j AND NOW, this (b day of (/. ,1997, the terms of the attached Amended Custody Agreement of the parties Is hereby entered as an Order of Court, BY THE COURT: #L!t2: I-- ~- i J. TRUE copy FROM RECORD :JlIIIlmony whereof, I here uldo 88t my IlIrId Thl - of offit~4I- ,~;;r · II \ I I \