HomeMy WebLinkAbout03-0399KRISTEN E. PIERCE,
Vo
CHARLES E. DAVIS,
Plaintiff :
:
:
:
:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. -
IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW, this '~/~ day of qYc~k ~ ,2003, comes the Plaintiff, Kristen
E. Pierce, by and through her attorney, Andrew C. Spears, Esquire, of the law firm of Metzger,
Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a
statement:
1.
The Plaintiff, Kristen E. Pierce, is an adult individual currently residing at 61 lA
Geneva Drive, Apt. 31, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant, Charles E. Davis, is an adult individual currently residing at 61 lA
Geneva Drive, Apt. 31, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
Plaintiff seeks partial physical custody and shared legal custody of the following
o
minor child:
child.
Name
Austin Charles Davis
Present Address Date of Birth
61 lA Geneva Drive, Apt. 31 11/23/2001
Mechanicsburg, PA 17055
Plaintiff and Defendant are the natural parents of the above mentioned minor
The minor child were born out of wedlock.
Document #248654
The minor child is presently in the custody of Defendant who resides at 61 lA
Geneva Drive, Apt. 31, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
Since birth, the minor child has resided with the following persons at the
following addresses:
Name
Kristen E. Pierce
Charles E. Davis
Address
611A Geneva Drive, Apt. $1
Mechanicsburg, PA 17055
Date
06/2002
to present
From birth
to 06/2002
The mother of the minor child is Plaintiff, Kristen E. Pierce, who currently resides
at 611A Geneva Drive, Apt. 31, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
The father of the minor child is Defendant, Charles E. Davis, who currently
resides at 611A Geneva Drive, Apt. 31, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
The relationship of Defendant to the minor child is that of natural father. The
Defendant resides with the following persons:
Name
Relationship
Austin Charles Davis Son
Kristen E. Pierce Ex-girlfriend
The relationship of Plaintiff to the minor child is that of natural mother. The
Plaintiff currently resides with the following persons:
Name Relationship
Austin Charles Davis Son
Document/4248654
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Charles E. Davis Ex-boyfriend
6. Plaintiff has no information of a custody proceeding concerning the minor child
pending in a court of law of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the minor child or claims to have custody or visitation with respect to the
minor child.
7. The best interest and permanent welfare of the minor child will be served by
granting the relief requested because:
(a) The best interest of the minor child will best be served by maintaining a
relationship with his mother.
8. Each parent whose parental rights to the minor child have not been terminated and
the person who has physical custody of the minor child have been named as parties to this action.
WHEREFORE, the Plaintiff, Kristen E. Pierce, requests the Court to grant her partial
physical custody and shared legal custody of the minor child.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By
Andrew C. Spears, Esquire
Attorney I.D. No. 87737
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated:
Document #248654
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VERIFICATION
I, Kristen E. Pierce, verify that the statements made in the foregoing Complaint for
Custody are true and correct to the best of my knowledge, information 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.
Dated: \- ~cl ~ 0%'0
Kristen E. Pierce
Document #248654
CERTIFICATE OF SERVICE
I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a tree and exact copy of the Complaint for Custody with reference to the
foregoing action by first class mail, prepaid, this ~\~ayof ~'~h~ ,2003, onthe
following:
Charles E. Davis
61 lA Geneva Drive, Apt. 31
Mechanicsburg, PA 17055
Andrew C. Spears, Esquire
Document #248654
KRISTEN E. PIERCE,
CHARLES E. DAVIS,
Plaintiff
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this .7,o" day of '5;t~a~ , 2003, upon review and
consideration of the Stipulated Custody Agreement of the parties, a copy of which is attached
hereto, said Agreement is hereby APPROVED, ADOPTED, MERGED, and INCORPORATED
herein as the Order of this Court.
CC'
BY THE COURT:
/
har drew C. Spears, Esquire, Attorney for Plaintiff
les E. Davis, Defendant
61 - 31-0..
Jo
Document #248322
KRISTEN E. PIERCE,
CHARLES E. DAVIS,
Plaintiff :
.
:
;
:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW . ~
No. t
IN CUSTODY
STIPULATED CUSTODY AGREEMENT
WHEREAS, Kirsten E. Pierce (hereinafter referred to as "Mother") and Charles E. Davis
(hereinafter referred to as "Father") are the natural parents of Austin Charles David (d.o.b.
11/23/01; hereinafter referred to as the "Minor Child"); and
WHEREAS, Father and Mother desire to make arrangements for the custody and
visitation of the Minor Child; and
WHEREAS, both parties have been advised by counsel or have had the opportunity to be
advised by counsel; and
WHEREAS, the parties intend to submit this Stipulated Custody Agreement to the Court
of appropriate jurisdiction for incorporation and merger into a Court Order approving said
Agreement.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. The parties shall share legal custody of the Minor Child.
The parties have agreed that Father shall have primary physical custody of the
Minor Child.
3.
The parties have agreed that Mother shall have visitation of the Minor Child from
9:00 p.m. until 7:00 a.m. every Tuesday through Saturday and such other times as the parties
agree.
Document#248322
4. The parties shall split, as decided by the parties, the time the Minor Child has off
from school for vacations and holidays.
5. Both parties agree to cooperate with one another in the implementation of the
aforesaid Agreement and understand and agree that other changes or modifications in the
aforesaid schedule and/or times specified may be necessary to enable both parents to continue to
foster and develop a good and healthy relationship with the Minor Child. To that end, the parties
agree to cooperate with one another to encourage the Minor Child's relationship with the other
parent and agree to refrain from any and all conduct, activity, or communication which would
adversely affect the Minor Child's relationship with either parent. Neither party shall make
disparaging comments about the other in front of the Minor Child, nor will they permit any other
relative or any other third party to do so.
6. Mother will provide medical and dental insurance for the Minor Child.
7. Upon the knowledge of pending relocation, temporary or permanent, of either
parent, each parent must inform the other of his/her new address and telephone number within
thirty (30) days.
8. The parties agree that the Minor Child shall have liberal rights of telephone
contact with the non-custodial parent, no matter who is exercising his/her right to physical
custody.
9. The legal residency of the Minor Child, notwithstanding where the Minor Child
might live at various times, shall be the same as that of Father.
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10. Both parties agree that neither party shall remove the Minor Child from the State
of Pennsylvania for an extended period of time without prior notification and approval of the
other party.
11.
Father receiving the exemption in the odd years and other receiving the exemption in the even
years.
12. Both parties agree that this Agreement may only be modified in writing through
further Order of Court.
13. This Agreement shall be effective immediately upon signature by both parties,
and its validity is not contingent upon Court approval.
WHEREFORE, the parties pray that the Court enter the Order attached hereto.
We verify that the statements made in this Agreement are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unswom falsification to authorities.
Date: /~/5 ~) ~ .~f.~ ~~-~
Date:
For tax purposes, Father and Mother will alternate the federal tax exemption with
Kristen E. Pierce
Document#248322
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