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HomeMy WebLinkAbout03-4874JEFFREY L. NOSS VS. JENNIFER NOS8 Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW · NO. 2003-~ ~"7'/ CIVIL TERM IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Jeffrey L. Noss, an adult individual, currently residing at 602 West Keller St., Mechanicsburg, PA, Cumberland County, Pennsylvania, 17055. 2. Defendant is Jennifer Noss, an adult individual, currently residing at 205 Birch Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following child: Courtney Danielle Noss, age 4 years, born 5/20/99. The child was born out of wedlock. The child is presently in the custody of Defendant. During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) from birth to January, 2003 with the parties at 205 Birch Lane, Carlisle, Cumberland County, PA. (b) from January, 2003 to the present with the Defendant and a half brother, Cody Lee Noss, at the same address. The natural mother of the child is Jennifer Noss. She is married. The natural father of the child is Jeffrey L. Noss. He is married. 4. The relationship of the Defendant to the child is that of natural mother. The Plaintiff currently resides with ~1~,{~ ~,~{r~,~ ~l,~t.~0~L. ~ 5. The relationship of the Plaintiff to child is that of natural father. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other 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 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, 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Plaintiff has been involved raising the child since her birth and is capable of providing the care a child needs. (b) The Plaintiff had been having regular contact with his child after the separation in January, but recently the Defendant has been refusing access to 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS None child. BASIS OF CLAIM WHEREFORE, Plaintiff requests your Honorable Court to: A) grant partial custody of the child to the Plaintiff; B) grant such other relief as is just and in the best interest of the Respectfully submitted, Date: Robert L, O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. § 4904, relating to unsworn falsification to authorities. JEFFREY L. NOSS DATE: (~/0 '""~,.~ JEFFREY L. NOSS : 1N THE COURT OF COMMON PLEAS OF PLAiNTIFF : CUMBERLAND COUN'FY, PENNSYLVANIA V. : 03-4874 CIVIL ACTION LAW JENNIFER NOSS : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, September 22, 2003 , upon cortsideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 17, 2003 at 10:30 A/VI 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 narro~v 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 aovear 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 hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. 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 com~, 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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 OCT 2 9 2003 JEFFREY L. NOSS, Plaintiff V JENNIFER NOSS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 4874 CIVIL : IN CUSTODY CO~TO~ER AND Now, lthis day of , 2003, it is ordered and directed that th In the event court to have the conference. CC: Aobert L. O~rien, Esquire t~dennifer Nos~ 205 Birch L~ne Carlisle, P~17013 attached custody agreement is hereby incorporated as a court order. either party desires to modify this order, that party may petition the case again scheduled with the conciliator for a custody conciliation BY THE COURT, 08:01 ~¥ l ~ 130 80 JEFFREY L. NOSS, Plaintiff V JENNIFER NOSS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : NO. 2003 - 4874 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANC~ WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 191~.3-8(b), the undersigned Custody Conciliator submits the followin! report: 1. Counsel for he Plaintiff filed with the conciliator an agreement that the parties haw signed, and he conciliator recommends an order in the form as attached. DATE ~'~ JEFFREY L. Ness VS. JENNIFER Ness Plaintiff Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-4874 CIVILTERM : IN CUSTODY AGREEMENT AND NOW, ~his ~) day of October, 2003, Jeffrey L. Ness of 602 West Keller Street, Mechanicsl~urg PA 17055, (mailing address is P.O. Box 666, New Kingston PA 7072) and Jennif+r Ness of 205 Birch Lane, Carlisle, Cumberland County, 1 Pennsylvania, 17013, wish to have a written understanding of matters pertaining to the custody of their mi~ ~or child, Courtney Danielle Ness, born May 5, 1999. The parties agree that primary physical custody of the child shall be with the Mother and that the Father shall have econdary custody according to the schedule set forth herein. A. The :ather shall have custody of Courtney every Wednesday evening from 5 p.m. to 9 p.~n. On alternating weekends he shall have custody from Friday at 6 p.m. to Sunday at~ have her from Mor weekend with Fath his other children. B. Ever celebrating that ds p.m. Following the weekends he does not have Courtney, he shall day at 5 p.m. to 9 p.m. and Friday at 6 p.m. to 9 p.m. The starting ~r shall be started so as to coordinate with his custody weekend with Fathers day and Mothers day shall be spent with the parent despite the regular weekend schedule. C. The (~hristmas schedule shall be that in odd numbered years the Mother shall have Courtney from 6 p.m. on Christmas eve to 1 p.m. Christmas day. The Father shall have that same schedule in even numbered years. This scheduling shall supersede the oth~ D. The ~ Labor Day and Th; parent on the holic respective parent',, E. The responsible for pi( F. Each Courtney which sh Friday at 6 p.m. G. The physical custody ¢ H. Othe The parties mean that they sh; of the child, includi Each child's education a ;r regular times of the respective parent's custody times. ~ther holidays of News Year Day, Easter, Memorial Day, July Fourth, mnksgiving shall be arranged so that six hours are spent with each ay. This scheduling shall supersede the other regular times of the custody times. ~arties shall share transportation with the party receiving the child ¢ing the child up. )arent shall be entitled to 2 uninterrupted vacation weeks with II begin on their regularly scheduled weekend and end the following /Iother agrees that she will permit the Father to have times of partial 'his stepson Cody so that he can maintain a relationship with Cody. 'General Conditions: shall share legal custody of the child. The parties understand this to share the right to make major decisions affecting the best interests ~, but not limited to, medical, religious and educational decisions. party agrees to keep the other informed of the progress of the id social adjustments. Each party agrees to give support to the other in their respective roles in the child's life, and to take into account the concerns of the other for the physical and emotional well-being of the child. While in the!presence of the child, neither party shall make, nor permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or unccmplimentary to the other party. It shall be the express duty of each party to uphold the other party as one whom the child should respect and love. Each party hall have the duty to notify the other of any event or activity that could reasonably b~ expected to be of significant concern to the other party. Each party shall provide lhe other with a current telephone number and address for said contact. With regard [o. any emergency decisions which must be made, the party with primary physical cu~stody of the child at the time shall be permitted to make the decision necessitated by the However, the par~ inform the other p~ Day-to-day decisio~ the responsibility o1 Each party dentist, teacher or documents include cards, birth certifi( conferences and a( emergency without consulting the other party in advance. with primary physical custody making an emergency decision shall ~ of the emergency and consult with him/her as soon as possible. ~s of routine nature, including those related to medical care, shall be the party having physical custody at the time. lall be entitled to complete and full information from any doctor, ~uthority and have copies of any reports given to them. Such but are not limited to, medical reports, academic and school report res, etc. Both parties may, and are encouraged to, attend school tivities, as their schedules permit. The parties agree that this Agreement may be entered as an order of Court. WITNESS: ~ ~j ~ref'~L.'~o? (Seal) ~'.~d~,~ .~ '~ ~,.) (Seal) 0 Jennifer N~ss ' rlo.dirldomesticlnosllagr