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HomeMy WebLinkAbout06-2736 ,. BECKY S. ESHLEMAN, * IN THE CO OF COMMON PLEAS Plaintiff * CUMB UNTV,PENNSVLVANIA * * Cf();ll~ VI. * * * FREDERICK M. ESHLEMAN, JR., * CIVIL ACTIO -LAW Defendant * IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, Becky S. Eshleman, by and through her orney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the in ant Complaint for Custody, and in support thereof; avers as follows: 1. The Plaintiff is Becky S. Eshleman, who currently re ides at 1077 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Frederick M. Eshleman, Jr., who ently resides at 307 East 3. Plaintiff seeks primary physical custody of the follo children: Frederick M. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17 Eshleman, ill, born on November 17, 1992, and Riley D. Eshleman, on February 2, 1994. Frederick M. Eshleman, ill was born out of wedlock. Riley D. Eshleman was not born out of wedlock. Frederick M. Eshleman, ill, is currently in the care and custody of Defendant. Riley D. Eshleman is currently in the care and custody of PI . . 4. During the past five years, the children have resided wi the following persons and at the following addresses: , Dlt= Address A. October 12, 2005 to 1077 Nanroc Drive Present Mechanicsburg, P A 17055 B. October 12, 2005 to 307 East Marble Street Present Mechanicsburg, P A 17055 C. September 2004 to 307 East Marble Street October 12, 2005 Mechanicsburg, PA 17055 B. October 2002 to 307 East Marble Street September 2004 Mechanicsburg, P A And 5 Albert Lane, Apt B Dillsburg, P A 17019 C. August 2002 to 352 Old Stonehouse Road October 2002 Boiling Springs, P A D. May 2001 to 307 East Marble Street August 2002 Mechanicsburg, PA 17055 The mother of the children is Becky Eshleman, currently resi . Persons Riley with Plaintiff FrederickwilhDelinJant Father Father Mother Mother, Sarah Speck (Sister), Barry Speck (Brother-in-law) Mother, Father at 1077 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. The futher of the children is Frederick M Eshleman, Jr., currently esiding at 307 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania.. 5. The relationship of plaintiff to the children is that of moth . Plaintiff currently resides with her son, Riley D. Eshleman. 6. The relationship of Defendant to the children is that of ther. Defendant currently resides with his son, Frederick M. Eshleman, m. 7. Plaintiffhas no information of a custody proceeding con . g the children pending in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the pr . gs who has physical custody of the children or who claims to have custody or visitation rights . h respect to the children. .. 9. The best interest and permanent welfare of the chil en will be served by granting tenninated and the person Plaintiff primary physical custody of the children. 10. Each parent whose parental rights to the child have not who bas physical custody of the child have been named as parties to his action. WHEREFORE, Plaintiff respectfu1ly requests This Honorabl Court to award her primary physical custody of the minor children with partial physical custody t Defendant. Respectfu1ly submitted, WILEY, LENOX, COL AN & MARZZACCO By: Brad! A ID#7 3 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: f /;010" ~ VERIFICA nON I verify that the statements made in this Complaint are true correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. . ~4904 relating to unsworn falsification to authorities. Date: 5 /;olo~ . , ~~ It ~ - ~ ~ ~ ~ - - - ~ \) ~ ?- ~ +- ( CJ ! %e (\~ ~ -om~ ~'O - (:.)") f'J ::? ~\ -t1 n C1 :).: ~r-n ;. .~ c,,;J !~" ~-\ ,"", ~ ... BECKY S. ESHLEMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-2736 CIVIL ACTION LAW FREDERICK M. ESHELMAN, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 27, 2006 , the conciliator, at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: Isl Dawn S. Sunday. Esq. Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '"'. ~~~ ~ nrr- 4 W-t.-'? ./Jp f ~ 'ryyk; -?~.t..f ~~;&~4v-r9 1(N..-'f 62 :2 Hd L - i'mr 900Z Au\.I'""'{'" "" ' - CJ V .l.U! '~, ii' i I' '0' :1\ J I -1(') _ . ~ ~~"........ -...... ..JrLl...-l.\.... ::OU:l()-C!:n!j BECKY S. ESHLEMAN, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * v. * NO. 06-2736 Civil Term * * FREDERICK M. ESHLEMAN, JR., * CIVIL ACTION - LAW Defendant * IN CUSTODY RETURN OF SERVICE On the II e- day of June, 2006, I, David Rudy, Process Server, served FREDERICK M. ESHLEMAN, JR., with the Custody Complaint and Court Order dated June 6, 2006 scheduling a Pre-Hearing Conference for June 27, 2006 at 12:00 p.m. by I1I4IJO.Nh '7lJ F/Un1-tllt'J( 1Jf. Fc.wt'^"...1 ::J7r.. at ~~O'7 ....A~ /!1,qR8/1- Sr /J1SJ'JJAAIU'<.$:1Ue.b JZ.. (manner of service) at (;IS e .m. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. ~904 relating to unsworn falsification to authorities. Date: h-/I-~ o ~::- r-,' = = cr- ';'::;:..-: '~~E N c::' (') -n .-1 ~.}: -r1 rn- r::; p-' ::::..~ C-} "1', -r' "-) .-n ,,~ SJ .< BECKY S. ESHLEMAN Plaintiff ~ JUl 3 1 2006 IN THE COURT OF COMMON PLEAS OF r" CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-2736 CIVIL ACTION LAW FREDERICK M. ESHLEMAN, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2'; day of ~"'r"'"v' , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Becky S. Eshleman, and the Father, Frederick M. Eshleman, Jr., shall have shared legal custody of Frederick "Trey" Eshleman, III, born November 17, 1992, and Riley Eshleman, born February 2, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. Pending further Order of Court or agreement of the parties, the Mother shall have primary physical custody of Riley and the Father shall have primary physical custody of Trey. Each parent shall be entitled to have periods of partial custody with the Child not in his or her primary care as arranged by agreement between the parties. 3. The parties and their counsel shall attend a Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on August 22, 2006 at 1 :00 p.m. Failure to appear at the conference may provide grounds for entry of a further temporary or permanent Order. BY THE COURT, -IIi J. ~ ~\j ~O o ~ J t -2 I " BECKY S. ESHLEMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 06-2736 CIVIL ACTION LAW FREDERICK M. ESHLEMAN, JR. Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Frederick ''Trey'' Eshleman, III Riley Eshleman November 17, 1992 February 2,1994 Father Mother 2. A custody conciliation conference was held on July 19, 2006, with the following individuals in attendance: The Mother, Becky S. Eshleman, with her counsel, Bradley A. Winnick, Esquire. The Father, Frederick M. Eshleman, is not represented by counsel and did not attend the conference or contact the conciliator. 3. The Mother filed this Complaint for Custody seeking primary physical custody of the Children. According to the Mother, since October 2005, the parties' oldest son, Trey, has resided primarily with the Father and their younger son, Riley, has resided with her by agreement. The Mother proposed that custody of Trey be transferred to her, at least for the school year, as she would like to assist the Child with some of the difficulties which have been identified by school personnel. However, the Mother indicated that she would like to have the Father's input on the proposed change of custody and requested that an additional conference be scheduled in the hope that the Father would participate. 4. In light of the representations made by the Mother at the conciliation conference and the fact that the Father did not attend or contact the conciliator, the conciliator recommends an Order in the form as attached confirming the existing custodial arrangements and scheduling an additional conciliation conference to provide an additional opportunity for the Father to participate in the decision regarding custody of the Children. fJJ ~y. ~O& Date Dawn~a{J Custody Conciliator IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BECKY S. ESHLEMAN, Plaintiff * NO. 06-1736 CIVIL TERM * vs. * * IN CUSTODY * * FREDERICK M. ESHLEMAN, JR., Defendant * * AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this fJ.a. Il vf day of A uJ vS f- ' 2006, Becky S. Eshleman of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), and Frederick M. Eshleman, Jr. of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor children, Frederick M. Eshleman, m, born on November 17, 1992, and Riley D. Eshleman, born on February 2, 1994, desire to legally obligate themselves to adhere to the tenns of said Agreement: WHEREAS Becky S. Eshleman is the natural mother of said minor children; and WHEREAS Frederick M. Eshleman, Jr. is the natural father of said minor children; and WHEREAS the parties; having reached an agreement regarding custody, are desirous of avoiding legal proceedings and are desirous of entering into a custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father as follows: 1. The parties shall share legal custody of the minor children. Each party shall have the , right to participate in the major decisions affecting the children, including but not limited to, medical, religious and educational decisions, and each party shall have equal access to medical, dental and school records. Each party shall keep the other informed of any changes in either their address or telephone number. The party having primary physical custody of the children shall provide to the other party advance information on a timely basis of any and all school programs, events, meetings and teacher conferences involving the children. 2. The parties shall share physical custody as follows: a) Mother will have primary physical custody during the school year. b) Father shall exercise partial physical custody during the school year on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. c) Father shall also be entitled to additional periods of partial custody and/or visitation as per the mutual agreement of the parties. It is specifically agreed that a reasonable request for additional time with the children by Father shall not be unreasonably denied by Mother. d) The parties shall share custody on all major holidays in a manner to be detennined by their mutual agreement. e) During the summer, the parties shall share custody on a week on / week offbasis. t) Mother shall have custody on Mother's Day from 9:00 a.m. until 7:00 p.m. and Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. 3. The parties shall share all transportation in a manner to be determined by their mutual agreement. 4. Each party agrees not to attempt to alienate the affections of the children from the other and to refrain from making disparaging remarks about the other, or allowing third parties to do so in the presence of the children. , 5. During any period of custody, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 6. Each parent shall be entitled to reasonable telephone contact with the children. It is agreed that reasonable telephone contact shall be considered the opportunity to speak with the children every other day when they are in the custody of the other party. It is also agreed that telephone calls with the children shall occur before 9:00 p.m. 7. In the event that either party will be away from home with the children for an overnight period, or in the event that the children will be away from the party then exercising custody for an overnight period, the other party shall be notified of the address and telephone number of where the children will be, the duration of their stay and the name of the adult with whom they will be staying if no parent will be present. 8. Each parent shall carry a card in their wallet or otherwise on their person identifYing the name, address and telephone number of the other parent, and directing that the other parent be notified in the event of an emergency related to the children. 9. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. 10. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and after consulting with their respective counsel. Any party executing this Agreement and Stipulation of Custody without the benefit of counsel has done so with the full understanding of their right to secure counsel to review the terms contained herein. It is hereby acknowledged that the instant Agreement is not entered into by means of duress or undue influence. II- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~~~. ~~4-' ecky E. E eman, Plaintiff -:~/~ Fredenc . Eshleman, Jr., Defendant . Winnick, Esquire for Plaintiff , Esquire Attorney for Defendant o c:: '." -,) ~::~J ....,0.", :::0 C) ,on .--i I"" rnf- i Ij \,"'; f".' CJj --0 -1/.. ( " _,I_. i') c....;; BECKY S. ESHLEMAN Plaintiff RECEIVED I AUG 2 .. 2006 BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-2736 CIVIL ACTION LAW FREDERICK M. ESHLEMAN, JR. Defendant IN CUSTODY ORDER AND NOW, this 22nd day of ADeDs" 2006 , the parties having signed a Stipulation for Custody at the conciliator's office prior to commencement of the conciliation conference, the conciliator hereby relinquishes jurisdiction and no further report or recommended Order is required. FOR THE COURT, 12~~ Dawn S. Sunday, Esquire Custody Conciliator VI!~V!\lASNN3d AlNnO'~ ''i''icCi::;81''mn S2 :01 Wit SZ :lflY 900l AtlV10NOHiOUd 3H.L :10 381+.'o-a311::l II , REc '., 1 EIVEU, AUG 2 !I 2006 I By~1 , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BECKY S. ESHLEMAN, Plaintiff NO. 06-2736 CIVIL TERM * * vs. * * IN CUSTODY FREDERICK M. ESHLEMAN, JR., Defendant * * * / * ORDER ADOPTING STIPIJLA nON OF PARTIES AND NOW, to wit, this JO~ dayof A..r- , 2006, upon consideration of the foregoing Stipulation and motion ofBradIey A. Winnick, Esquire, counsel for Plaintiff, Becky S. Eshleman, and upon motion of Defendant Frederick M. Eshleman, Jr., it is hereby ordered, adjudged and decreed that the tenDs, conditions and provisions of the foregoing Stipulation, dated August 22, 2006, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: /11, , J. DISTRIBUTION: vBJadIey A. Wmnick, Esq. .1rederick M. Eshleman, Jr. 130 W. Church Street, Dillsburg, PA 17019 307 East Marble Street, Mechanicsburg, PA 17055 \1i(\jvFl,,\Si\(N3d I I Nn'v, "" ',..., '~~..'^'n'" IU. r"I" '- :'.~"~~n, V 6 2 :8 !;~V I C ~nv 900l 1tNIC}'(\''-\Ji(\,q ::JHl ~o ^ov. ".." j,,'..../~,r....... ;l ?0l,::::)CT311:l , ... ~./ -