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HomeMy WebLinkAbout05-1414 JODIE L. ETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - /!1l!l CIVIL TERM DWAIN W. ETTER, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is JODIE L. ETTER, an adult individual currently residing at 6 Montadale Drive, Dlllsburg, York County, Pennsylvania 17019. 2. The defendant is DWAIN W. ETTER, an adult individual currently residing at 140 Bridge Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of a minor child, namely ABIGAIL L. ETTER (born January 27, 1994, age 11). 4. The child was born during the marriage of the parties and resided with both parties from the date of her birth until the parties' separation in August, 2004. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. The 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. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child requires that she have sole legal and primary physical custody of the child and that the defendant have supervised visitation of the children in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The Mother shall have legal custody of the minor daughter, ABIGAIL L. ETTER (born January 27, 1994, age 11). D. The Mother shall have primary physical custody of the child. E. The Father shall have supervised visitation of the child at the mother's residence or under the supervision of his parents, Guy and Bonnie Etter, Jr., Bridge Road, Newville, Pennsylvania at such times as the parties shall mutually agree. D. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. E. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. ~ " F. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. G. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. H. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. I. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. HAROLD S. IRWIN, II Attorney for Plaintiff -- March I \ , 2005 "" ... VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. March 11, 2005 ~fttk J Ie L. Etter ~ ! J tJ-tJi' / . ~ t,"- .. . ain W. Etter (SEAL) March 15 , 2005 (SEAL) C.\ , ('I ~rl -'" :7 t i~; :'U ..- I,. c;> ~.I 1,1. \~ ~ 0. f\ ~ ...... t~ "- "'- ::--. ---~ " --t a ~ V\ \ ~ r . . MAR 1 8 2005~ ty o HAROLD S. IRWIN, III ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2A3-6090 ATTORNEY FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI JODIE L. ETTER, Plaintiff v. : CIVIL ACTION. LAW : NO. 2005 ./!:/J..j CIVIL TERM DWAIN W. ETTER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2.1Jday of M ,.. cL ,2005 upon presentation a d consideration of the within complaint and the stipulation and agreement incor orated therein, and upon agreement of the parties, it is hereby ordered and decreed i s follows: I A. The Mother shall have legal custody of the minor daUghtt... r, ABIGAIL L. ETTER (born January 27, 1994, age 11). . ;1 B. The Mother shall have primary physical custody of the C41d. c. The Father shall have supervised visitation of the child at the mother's residence or under the supervision of his parents, Guy and B nnie Etter, Jr., Bridge Road, Newville, Pennsylvania at such times as the pa ies shall mutually agree. D. The parties shall have reasonable telephone contact wit the child while the child is in the other's custody. E. The parties shall keep each other advised immediately re.ative to any emergencies concerning the child and shall further take any neces ary steps , to insure that the health, welfare and well being of the child is protected VlW^lASNN.3d I I \I~(":'l (":\ ~,.r~: ""'("'f.ln" ,u.:,U (.J'..... ,_I..,',' ,,'11:..11'l kl IS: II \.IV 22 ~vw ~OOl AtiVlQNOH10i:id 3Hl .:10 3:J1:J.:lo-G3l1:l --'-'-~""--------'~-'._" . l' I i F. The parties shall do nothing that may estrange the Child\from the other parties or hinder the natural development of the child's love or fection for the other parties. I G. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt df court and to seek specific performance of the terms of the agreement of the pa ies. All costs, expenses and reasonable attorney fees incurred by the succes ful party in any litigation to obtain an order of contempt or specific performance 0 this agreement shall be recoverable as part of the judgment entered by th court. H. Any modification or waiver of any of the provisi ns of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. I. The Court of Common Pleas of Cumberland County ha jurisdiction over these issues and shall retain such jurisdiction should circumstan es change and any party desire further or require further modification of said Ord r. BY THE COURT,