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HomeMy WebLinkAbout03-4987JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003- ~,P7 CIVIL TERM NICHOLAS B. WEIST, Defendant CIVIL ACTION-LAW IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CumberLand County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003- z'l/~ ~'~ CIVIL TERM NICHOLAS B. WEIST, Defendant CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Jessica M. Weist, an adult individual residing at 116 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Nicholas B. Weist, an adult individual residing at 311 Newburg Road, Newburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present residence Date of Birth Blaise Parker Weist 116 Vaughn Road 09/11/03 Shippensburg, Pennsylvania The child was not born out of wedlock. The child is presently in the custody of Plaintiff, who resides at 116 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Jessica M. Weist 116 Vaughn Road birth to Shippensburg, Pennsylvania present The natural mother of the child is Jessica M. Weist, currently residing at 116 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania. She is married to the Plaintiff. The natural father of the child is Nicholas B. Weist, currently residing at 311 Newburg Road, Newburg, Cumberland County, Pennsylvania. He is married to the Defendant. 4. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship NONE 5. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Relationship NONE 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child 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. 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. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the child. DATE: Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domesticlweist/complaint.pld VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: Jessica M. Weist JESSICA M. WEIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS B. WEIST, Defendant v. NO. 2003- Z/~'7 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION, entered into the day and year hereinafter set forth, by and between Jessica M. Weist, (hereinafter referred to as "Mother") and Nicholas B. Weist, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Blaise Parker Weist, born September 11, 2003, (hereinafter referred to as "Child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an Agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The Mother will have legal custody of the child. 2. The Mother will have primary physical custody of the child. 3. The Father will have visitation with the child at such times as the parties may from time to time agree. 4. Both parties will refrain from the use of drugs and neither will use alcoholic beverages to the point of intoxication when the child is in their custody. 5. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 6. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. 7. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. WITNESS: sica M. Weist Nicholas B. Weis JESSICA M. WEIST, Plaintiff NICHOLAS B. WEIST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- z-/(~,?'7 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this ~, ~o[ day of ~->.,~ y~. ,2003, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to Blaise Parker Weist, born September 11, 2003: 1. The Mother will have legal custody of the child. 2. The Mother will have primary physical custody of the child. 3. The Father will have visitation with the child at such times as the parties may from time to time agree. 4. Both parties will refrain from the use of drugs and neither will use alcoholic beverages to the point of intoxication when the child is in 'their custody. 5. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the childl and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 6. Neither parent shall do anything which ma!/estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. BY THE COURT,