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Filed in Otoe District Court
*** EFILED ***
Case Number: D11CI240000015
Transaction ID: 0021048847
Filing Date: 01/19/2024 02:33:48 PM CST
IN THE DISTRICT COURT OF OTOE COUNTY, NEBRASKA
MARK C. WURTELE, ) CASE NO. CI 24-
Plaintiff, )
) COMPLAINT TO ESTABLISH
vs. ) CUSTODY, PARENTING TIME
) AND SUPPORT
AZALEA D. WEAVER, )
Defendant. )
COMES NOW, the Plaintiff, Mark C. Wurtele, and for his cause of action,
alleges and states as follows:
1. Plaintiff, Mark C. Wurtele, is a resident of Otoe County, Nebraska
residing at 603 12th Corso, Nebraska City, Nebraska 68410 and is represented in
this action by Angela M. Minahan, Reinsch, Slattery, Bear, Minahan & Prickett
P.C., L.L.O., 545 Main Street, P.O. Box 489, Plattsmouth, NE 68048.
2. Defendant, Azalea D. Weaver is a resident of Otoe County, Nebraska,
residing at 1405 N. 6th Street, Nebraska City, Nebraska 68410. Defendant is a
minor child, 18 years of age
3. That the Plaintiff and Defendant engaged in sexual intercourse which
resulting in conception and birth of a minor child, to-wit: Mark Christopher
Wurtele, Jr., born 2023. Plaintiff is the biological father of the minor child. The
Plaintiff signed an acknowledgment of paternity for the minor child at the time of
his birth, thereby establishing his paternity.
4. There has not been a judicial determination concerning the initial
custody of the child, parenting time, child support, out of pocket medical expense
division or out of pocket daycare expense division.
5. That the minor child has resided with the Plaintiff and Defendant at the
following address since birth:
1405 N. 6th Street, Nebraska City, Nebraska 68410 with Plaintiff and
Defendant from birth until January 4, 2024
1405 N. 6th Street, Nebraska City, Nebraska 68410 with Defendant
during parenting time with the assistance of Nebraska Department of Health and
Human Services as a result of the Hotline intake investigated
6. That the Plaintiff is a fit and proper person to be awarded the sole care
and custody of said minor child and it would be in the child's best interests for the
Court to award sole legal and sole physical custody of the parties' minor child to
the Plaintiff, subject to a parenting plan developed pursuant to Neb. Rev. Stat.
§43-2920 to 43-2943.
7. That the Plaintiff and Defendant are obligated to pay child support on
behalf of the minor child, provide Health Insurance coverage for the minor child,
pay a portion of out-of-pocket day care expenses incurred on behalf of the minor
child as well as a portion of out-of-pocket medical expenses incurred on behalf of
the minor child.
8. That Plaintiff has not participated as a party, witness, or in any other
capacity in any other litigation concerning the custody of or visitation of the
parties' minor child.
9. That Plaintiff is not aware of any person not a party to this proceeding,
who would be claiming paternity of this child or who has physical custody of the
child or who claims rights of legal custody or physical custody of, or visitation
with respect to the minor child.
10. That Plaintiff requests a District Court Judge.
WHEREFORE, the Plaintiff, prays for an Order of custody, parenting
time, child support, a division of out-of-pocket expenses to be established as well
as an order addressing Health Insurance coverage for the minor child and for such
other and further relief as the Court may deem just and equitable to include an ex
parte order of relief awarding Plaintiff custody and temporary relief awarding
Plaintiff custody.
MARK C. WURTELE,
Plaintiff.
, Slattery, Bear, Minahan &
• ahan, P.C., L.L.O.
545 Main Street
P.O. Box489
Plattsmouth, NE 68048
(402) 296-6996
amm@rsbmlaw.com
STATE OF NEBRASKA )
)ss.
COUNTY OF CASS )
Mark C. Wurtele, being first duly sworn on oath, deposes and states that
he is the Plaintiff in the above Complaint, that the allegations contained therein
are true as he verily believes.
TrJotl�Jtk
Subscribed and sworn to before me this /�y of January 2024.
ENERAL NOTARY - State of Nebraska
SHELLY L. RIGHT
My Comm Exp. November 20, 2026
Notaublic
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Filed in Otoe District Court *** EFILED *** Case Number: D11CI240000015 Transaction ID: 0021048847 Filing Date: 01/19/2024 02:33:48 PM CST IN THE DISTRICT COURT OF OTOE COUNTY, NEBRASKA MARK C. WURTELE, ) CASE NO. CI 24- Plaintiff, ) ) COMPLAINT TO ESTABLISH vs. ) CUSTODY, PARENTING TIME ) AND SUPPORT AZALEA D. WEAVER, ) Defendant. ) COMES NOW, the Plaintiff, Mark C. Wurtele, and for his cause of action, alleges and states as follows: 1. Plaintiff, Mark C. Wurtele, is a resident of Otoe County, Nebraska residing at 603 12th Corso, Nebraska City, Nebraska 68410 and is represented in this action by Angela M. Minahan, Reinsch, Slattery, Bear, Minahan & Prickett P.C., L.L.O., 545 Main Street, P.O. Box 489, Plattsmouth, NE 68048. 2. Defendant, Azalea D. Weaver is a resident of Otoe County, Nebraska, residing at 1405 N. 6th Street, Nebraska City, Nebraska 68410. Defendant is a minor child, 18 years of age 3. That the Plaintiff and Defendant engaged in sexual intercourse which resulting in conception and birth of a minor child, to-wit: Mark Christopher Wurtele, Jr., born 2023. Plaintiff is the biological father of the minor child. The Plaintiff signed an acknowledgment of paternity for the minor child at the time of his birth, thereby establishing his paternity. 4. There has not been a judicial determination concerning the initial custody of the child, parenting time, child support, out of pocket medical expense division or out of pocket daycare expense division. 5. That the minor child has resided with the Plaintiff and Defendant at the following address since birth: 1405 N. 6th Street, Nebraska City, Nebraska 68410 with Plaintiff and Defendant from birth until January 4, 2024 1405 N. 6th Street, Nebraska City, Nebraska 68410 with Defendant during parenting time with the assistance of Nebraska Department of Health and Human Services as a result of the Hotline intake investigated 6. That the Plaintiff is a fit and proper person to be awarded the sole care and custody of said minor child and it would be in the child's best interests for the Court to award sole legal and sole physical custody of the parties' minor child to the Plaintiff, subject to a parenting plan developed pursuant to Neb. Rev. Stat. §43-2920 to 43-2943. 7. That the Plaintiff and Defendant are obligated to pay child support on behalf of the minor child, provide Health Insurance coverage for the minor child, pay a portion of out-of-pocket day care expenses incurred on behalf of the minor child as well as a portion of out-of-pocket medical expenses incurred on behalf of the minor child. 8. That Plaintiff has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of or visitation of the parties' minor child. 9. That Plaintiff is not aware of any person not a party to this proceeding, who would be claiming paternity of this child or who has physical custody of the child or who claims rights of legal custody or physical custody of, or visitation with respect to the minor child. 10. That Plaintiff requests a District Court Judge. WHEREFORE, the Plaintiff, prays for an Order of custody, parenting time, child support, a division of out-of-pocket expenses to be established as well as an order addressing Health Insurance coverage for the minor child and for such other and further relief as the Court may deem just and equitable to include an ex parte order of relief awarding Plaintiff custody and temporary relief awarding Plaintiff custody. MARK C. WURTELE, Plaintiff. , Slattery, Bear, Minahan & • ahan, P.C., L.L.O. 545 Main Street P.O. Box489 Plattsmouth, NE 68048 (402) 296-6996 amm@rsbmlaw.com STATE OF NEBRASKA ) )ss. COUNTY OF CASS ) Mark C. Wurtele, being first duly sworn on oath, deposes and states that he is the Plaintiff in the above Complaint, that the allegations contained therein are true as he verily believes. TrJotl�Jtk Subscribed and sworn to before me this /�y of January 2024. ENERAL NOTARY - State of Nebraska SHELLY L. RIGHT My Comm Exp. November 20, 2026 Notaublic ��