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HomeMy WebLinkAbout04-6095WILLIAM A. ETSWEILER, Plaintiff VS. DIANE M. ETSWEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 ~-609-5" IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, WILLIAM A. ETSWEILER, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is WILLIAM A. ETSWEILER, an adult individual who resides at 260 Skyline View Drive in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is DIANE M. ETSWEILER, an adult individual who resides at 260 Skyline View Drive in Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 28 December 1 991. 4. The Plaintiff and Defendant are the parents of two minor children, Ulrich W. Etsweiler, age 11, born 24 June 1993, and Rainer P. Estsweiler, age 8, born 8 July 1996. 5. Plaintiff wishes for the parties to share legal and physical custody of the children and the parties have agreed to do that. Plaintiff requests this court enter the order attached to the parties' Stipulation which will be filed with this petition. 6. The children were not born out of wedlock and at the time of this Complaint, the children reside with both parents at the marital residence and in the joint legal and physical custody of both parents. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1993 to present 260 Skyline View Drive Plaintiff & Defendant Carlisle, Pa 17013 m above. 9. above. The father of the children is the Plaintiff who resides at the address set out The mother of the children is the Defendant who resides at the address set out 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with the children at the address listed above. 11. The Defendant is the natural mother of the children. Defendant currently resides with the children at the address listed above. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. 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 asks this court to award the parties shared and legal custody of their minor children in accordance with their Stipulation. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ! ~ ..~ A, SWELLER WILLIAM A. ETSWEILER, Plaintiff VS. DIANE M. ETSWEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o~t IN CUSTODY STIPULATION AND NOW come the above-named parties and their attorneys, and stipulate and agree that the court should enter the attached order to resolve the custody matters raised in Plaintiff's Complaint. Attorney for Plaintiff A~~endant William A. £tsweiler Diane M. Etsweiler o ? £ WILLIAM A. ETSWEILER, Plaintiff VS, DIANE M. ETSWEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04/.c, 0q5~ IN CUSTODY ORDER OF COURT AND NOW this ~ ~ day of ~"~-c~-~ ~ ~F , 2004, upon the agreement of the parties as confirmed by the written Stipulation ot: their counsel, we hereby order and decree as follows: 1. Legal custody of the minor children Ulrich W. Etsweiler, born June 24,1993 and Rainer P. Etsweiler, born July 8, 1996, shall be shared by their parents, the Plaintiff William A. Etsweiler ("Father") and the Defendant DianE; M. Etsweiler ("Mother"). The parties shall cooperate with each other to exchange all important information regarding the children and to mutually make all significant decisions for the children including, without limitation, decisions regarding their education, their health care, and their religious training. 2. The parties will share physical custody of the children on the following schedule" A. During the weekdays, Mother shall have the children from Monday at 4:00 p.m. until Tuesday at 4:00 p.m., Father shal~ have the children from Tuesday at 4:00 p.m. until Wednesday at 4:00 p.m., Mother shall have the children from Wednesday at 4:00 p.m. until Thursday at 4:00 p.m. and Father shall have the children from Thursday at 4:00 p.m. until Friday at 4:00 p.m.; and B. The parties shall alternate weekends, which shall commence at 4:00 p.m. on Friday and end at 4:00 p.m. on Monday. The party receiving custody to commence any of the periods of custody outlined herein shall be responsible to pick up the children at the other parent's home, unless the parties agree upon other arrangements. During the school year, however, Father will deliver the children to Mother's residence when he leaves his home for work, at approximately 6:30 a.m., and Mother will be responsible to feed the children breakfast, get them ready for school and transport them to school. 3. Each of the parties will be entitled to have periods of custody for purposes of vacation, during the summer months when the children are not in school, for a total of four weeks each. The weeks may be exercised in blocks of time of up to two weeks each and shall include the vacationing parent's regular scheduled weekend within their week of vacation. The parties shall give written notice to the other parent no later than the first of May each year of their vacation custody schedule for the upcoming summer and, in the event of a conflict, the parent giving the first written notice shall have the children for that period. 4. The parties will share custody of the children on all major holidays and the children's birthdays, so that each of the parents has time with the children on those occasions, as the parties shall mutually agree. 5. In the event that either party is not available for a prolonged period of time, including overnight periods, to provide care for the children during one of his or her periods of custody under this order, such parent shall ~otify the other parent and offer them the first opportunity to provide care for the children during such periods. This provision, however, shall not be interpreted to deny eitl~er party the right to allow the children to visit with members of their extended families. 6. The parties may modify the details of the schedule set out in this order by mutual agreement, and they are encouraged to do so, but only where both mutually agree. In the event of any disagreement or dispute, either party may petition the court for a modification or for clarification of the terms of this order. BY THE COURT, WILLIAM A. ETSWEILER, Plaintiff VS, DIANE M. ETSWEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. oV- L,o ~ IN CUSTODY STIPULATION AND NOW come the above-named parties and their attorneys, and stipulate and agree that the court should enter the attached order to resolve the custody matters raised in Plaintiff's Complaint. Attorney for Plaintiff Atto rC~ r~'n'~ y~~e~Yf e n d a nV~t Diane M. Etsweiler