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HomeMy WebLinkAbout09-0087KIMBERLY E. WEIRICH, Plaintiff v. JOSHUA S. WEIRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~~_ao8~ NO. CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kimberly E. Weirich, an adult individual currently residing at 119 A Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Joshua S. Weirich, an adult individual with a mailing address of 119 A Street, Carlisle, Cumberland County, Pennsylvania, but who is believed to be residing temporarily at a Camp Hill, Cumberland County, Pennsylvania, address. 3. The parties are the natural parents of one (2) children, namely, Kirsten Jean Weirich, born July 5, 2004, and Greta Noelle Weirich, born November 12, 2006. The children were not born out of wedlock. 4. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Kimberly E. Weirich 119 A Street Birth Joshua S. Weirich Carlisle, PA 17013 to present The natural mother of the children is Kimberly E. Weirich who resides as aforesaid. She is married. The natural father of the children is Joshua S. Weirich who resides as aforesaid. He is married. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with Defendant and the children. 6. The relationship of the Defendant to the child is that of natural father. Defendant currently resides on a temporary basis with friends who are not known to Plaintiff. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to be in the primary physical custody of mother. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to grant primary physical custody of the children to Plaintiff. Respectfully submitted, a ri e, Esquire n for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ~~ ~~ g,.., ~) ~. C, `~ N ~_~ ,» i c;~ ~ ~~ :. `_~ ~ _::~ =~ `a ."~,, KIMBERLY E. WEIRICH, Plaintiff v. JOSHUA S. WEIRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ©9 ~ ~ 7 CIVIL TERM IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Kimberly E. Weirich, (hereinafter referred to as "Mother") and Joshua S. Weirich, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two children, namely Kirsten Jean Weirich born July 5, 2004, and Greta Noelle Weirick, born November 12, 2006, (hereinafter referred to as "Children"); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall shared legal custody of the children. 2. Mother shall have primary physical or residential custody of the children. 3. Father shall have periods of partial physical or residential custody on the following schedule: a. Every weekend from Friday after work or 6:30 p.m. until Saturday evening at approximately 7:00 p.m.; b. Every week for one evening per week after Father's work or 5:30 p.m. until the following morning when the children are returned to the child care provider or their school with the specific date to be agreed upon each week by the parties. If possible the parties will agree upon one specific day per week when Father will exercise his period of physical custody. 4. During the Thanksgiving school holiday period, Father shall always have the children from after work on Wednesday before Thanksgiving or 6:00 p.m. until Thursday, Thanksgiving Day, at 3:00 p.m. and Mother shall always have the children from 3:00 p.m. on Thursday, Thanksgiving Day, until Friday at 6:30 p.m. 5. For the Easter school holiday period, Mother shall have custody of the children from 7:00 p.m. on the Saturday before Easter unti13:00 p.m. on Easter Sunday and Father shall have custody from 3:00 p.m. on Easter Sunday unti18:00 p.m. on Easter Sunday. 6. For the Christmas holiday, Mother will have custody from 12:00 noon on Christmas Eve until 1:00 p.m. on Christmas Day and with Father from 1:00 p.m. on Christmas Day until 6:00 p.m. on December 26`h, or as long as Father's work schedule permits. 7. It is the parties' intention that other more minor holidays, such as the following, will be shared between the parties: New Years Day, Memorial Day, Fourth of July, Labor Day. In addition, when the children are off from school for minor holidays, the parties will attempt to share that time as well, either by alternating those days, or by dividing those days in equal fashion. Similazly the pazties will attempt to shaze time on the children's birthdays where possible. 8. For Summer vacation, each party shall have the right to exercise one period of seven (7) consecutive days of vacation each year. Each week of vacation shall consist of seven (7) days, and six (6) overnights. Notice shall be provided to the other party within thirty (30) days of the planned vacation. 9. The parties agree that the non-custodial parents shall be entitled to reasonable phone contact with the children. 10. The parties agree that transportation shall be shared such that the person receiving custody shall provide the transportation for the children. 11. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 12. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 13. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 14. 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. 15. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 16. It is affirmed that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and, further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, enter this as an Order of Court. 17. All prior Orders in this matter are hereby vacated. 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 hereinafter mentioned. WITNESSETH: 3 ~y~ ate KIMBERLY E. IRICH to " J A S. WEIRICH ,~, COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On this, the ~~ day of , 2008, before me the undersigned officer, personally appeared KIMBERLY E. WEIRICH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ "" Notary Public ,,;.M'ht ~iAt COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND On this, the 1/ 5~1.. day of ~~ ~ , 2008, before me the undersigned officer, personally appeared JOSHUA S. WEIRICH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. w. MONM~ ~- fNIM~ M Not ub ' C _:; rv c,~ .,~ - ~ -~1 r}t 334t1t/~ ~1c~1pY1 ca --: Y' -, .. r~ _. .; rMw.~~..rw l ~A~ M~NM