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HomeMy WebLinkAbout03-4281JOYCE A. DETWEILER, Plaintiff JOHN I. DETWEILER, III, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~,~-- ~,2 ~1 Civil Term : IN CUSTODY CUSTODY COMPLAINT 1. Plaintiffis Joyce A. Detweiler, who currently resides at 203 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is John I. Detweiler, III, who currently resides at 501 Darla Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have entered an agreement regarding custody of the following child: NAME DOB Laura A. Detweiler 2/19/93 The child was bom in wedlock. ADDRESS 203 S. Filbert St. Mechanicsburg, Pa. 17055 Father and mother currently share legal custody of the child and Mother has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: .NAME ADDRESSES DATES Joyce A. Detweiler and John I. Detweiler, III 501 Darla Road Nov. 1998 - July 9, 2003 Mechanicsburg, Pa. 17055 Joyce A. Detweiler 203 South Filbert St. July 9, 2003 - present. Mechanicsburg, Pa. 17055 The mother of the child is: Joyce A. Detweiler, currently living at 203 South Filbert St., Mechanicshnrg, Pa. 17055. She is married to John I. Detweiler, III. The father of the child is: John I. Detweiler, III, currently residing at: 501 Darla Road, Mechanicsburg, Pa. 17055. He is married to: Joyce A. Detweiler. 4. The relationship ofplaimiffto the child is that of MOTHER. The persons that the Plaintiff currently resides with are: her daughter, Laura A. Detweiler, and her son, Joseph D. Diffenderfer, II. 5. The relationship of defendant to the child is that of FATHER. The defendant currently resides alone. 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation fights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The child's parents have agreed on a custody arrangement that they believe will be in the best interest of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child and enter their agreement as an Order of Court. Respectfully submitted, Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR 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. §4904 relating to unswom falsification to authorities. Date: Joyc8 A. tDetweiler, Plaintiff STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ~& day of -~'~[l ' 2003, by and between JOYCE A. DETWEILER, (Hereinafter referred to as "Mother"), of Mechanicsburg, Cumberland County, Pennsylvania, and JOHN I. DETWEILER, III, (Hereinafter referred to as "Father"), of Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, LAURA A. DETWEILER, date of birth, February 19, 1993; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their daughter. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial custody of the Child as follows: A. Father shall have a period of partial custody with the child every other weekend from Friday at (o p.m. through Sunday at ~' p.m. These periods of partial custody shall begin on ~-u B. Father shall have one additional weeknight with the child per week from 6:00 p.m. through 8:30 p.m. C. Father shall have a block of time with the child on all major holidays; however no periods of custody shall interfere with child's schooling. D. Father shall have additional liberal visitation and periods of partial custody as mutually agreed by the parties. E. Nothing in this agreement shall keep the parties from mutually agreeing to additional periods of custody for Father. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Children to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: JOYCE ~. DETWEILER, Mother Witness Date: ETWEILER, III, Father Witness BARBARA STUMP, Notmy Public Camp HIll Boro, Cumberland County My Cornmlss[on Expires Nov. 12, 2006 STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ~, day of '-~ll ' 2003, by and between JOYCE A. DETWEILER, (Hereinafter referred to as "Mother"), of Mechanicsburg, Cumberland County, Pennsylvania, and JOHN I. DETWEILER, III, (Hereinafter referred to as "Father"), of Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, LAURA A. DETWEILER, date of birth, February 19, 1993; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their daughter. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school medical, dental and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, ~,~ufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period ,of time. Father shall have partial custody of the Child as follows: A. Father shall have a period of partial custody with the child every other weekend from Friday at ~ p.m. through Sunday at ~' p.m. These periods of partial custody shall begin on ~'u ~ Iq I b~DO2~ B. Father shall have one additional weeknight with the child per week from 6:00 p.m. through 8:30 p.m. C. Father shall have a block of time with the child on all major holidays; however no periods of custody shall interfe:re with child's schooling. D. Father shall have additional liberal visitation and periods of partial custody as mutually agreed by the parties. E. Nothing in this agreement shall keep the parties from mutually agreeing to additional periods of custody for Father. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger' restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the ch:ild and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the ,child. 6. Illness of the Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Children to be Considered_ The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. ~eement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, :not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: JO'I~CE ~. DETWEILER, Mother Witness Date: ETWEILER, III, Father Date:-'~-c~ ~ -(.]-q Public Camp Hill Boro, Cu.mbed&nd County I My Commig~lon Expll'e,~ Nov, 12, ~'006 1 Witness JOYCE A. DETWEILER, Plaintiff V. JOHN I. DETWEILER, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- q~[ CivilTerm IN CUSTODY ORDER AND NOW, this / 'Z ' day of ~'K~6~ ,2003, having reviewed the attached agreement between the parties dated July 26, 2003, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. PLANT MANAGER HARRISBURG DISTRICT j~ UNITED STZtTE5 POSTAL SERVICE Dear Postal Customer: The enclosed article was found loose in the mail. If the article bore an address wrapper and was intended for mailing, it became separated. We, therefore, cannot determine the mailing address for delivery. To provide our customers with the most efficient method of processing their mail, the Postal Service uses high-speed mechanized and automated mail processing equipment. Occasionally, mailers will enclose hard objects in mailing envelopes. If our employees are unable to separate such items from the mailstream before they reach this equipment, the objects become lodged in the machine. Although the equipment is programmed to shut down automatically when a jam occurs, the piece of mail containing the object is often damaged, as well as several other pieces of mail being processed simultaneously. As many of these objects are very small, such as paper clips or keys, they are difficult for our employees to identify among the large volume of mail being processed. We are constantly working to eliminate such incidents, as equipment jams not only disappoint our customers, but also can cause damage to expensive mail processing equipment. Since the costs of our operations are borne directly by our customers in the form of postage rates, it is also in the best interests of both our customers and the Postal Service to educate ali customers about proper packaging techniques for such objects. If the separation was due to our handling, please accept our sincere apologies for the inconvenience we may have caused. Sincerely, Processing and Distribution Enclosure 1425 CROOKED HILL ROAD HARRISBURG PA 17107-9997 717-257-2161 FAX 7t7-257-2302 JOYCE A. DETWEILER, Plaintiff JOHN I. DETWEILER, III, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - 4281 Civil Term IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this September 22, 2003 I, Jane Adams, Esquire, hereby certify that on or about September 20, 2003, a certified tree copy of the CUSTODY COMPLAINT and CUSTODY AGREEMENT AND ORDER were served, via certified mail, return receipt requested, restricted delivery, addressed to: John I. Detweiler, III 501 Darla Road Mechanicsburg, Pa. 17055 DEFENDANT Q~~, ~espectfully Submitted: /~ane ~d~m~, Esquire I.D.,/No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ·Compiete items 1,2, and 3, Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent D. is delivery add~m~ .~iff~,~nt from item 17 ff YES en~t~',~l[~,~l~,.ss below: )~1.~o for ~Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? {Extra Fee) 7001 2510 0001 41~7 1902 [] Yes 2. Article Number (Transfer from service label) 102595_01_M.1424 PS Form 3811, March 2001 Domestic Return Receipt · Sender: Please pnrd~~address, aha ZIP-~4 in t~ JAt~E ADAMS ATTORNEY AT 36 8. PITT CARLI,~.~LE, PA h,,llh,,iil,.,,,lh,lh,,lh,,hh,hhhhhh,hh,h,hl