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Home My WebLink About03-4325JESSIE MAE NESMITH, Plaintiff VS. ALEXANDER MCPHERSON and BERTHA NESMITH Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - ¥3.~" CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jessie Mae Nesmith, residing at 456 N. West Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendants are Alexander McPherson, at 425 Bellview Street, Allentown, Lehigh County, Pennsylvania 18102, and Bertha Nesmith, residing at 456 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiffseeks custody of the following children: Name Alexandria M. McPherson Alexus M. McPherson Kyrah McPherson Present Residence Age 425 Bellview Street, I 1 years Allentown, Lehigh County, Pennsylvania 18102 425 Bellview Street, 11 years Allentown, Lehigh County, Pennsylvania 18102 425 Bellview Street, 8 years Allentown, Lehigh County, Pennsylvania 18102 The children were born out of wedlock. The children are presently in the custody of the father, who resides at 425 Bellview Street Allentown, Lehigh County, Pennsylvania 18102 During Alexandria M. McPherson's and Alexus M. McPherson's lifetimes, they have resided with the following persons and at the following addresses: Name Address Date Jessie Mae Nesmith (maternal grandmother) Judea McPherson (sister) Adolph Comer (half brother) Ethia McPherson (half sister) Bertha Nesmith (mother) 456 North West Street Carlisle, Cumberland County, Pennsylvania December 1991-June 2003 Kyrah McPherson (sister) 456 North West Street Carlisle, Cumberland County, Pennsylvania 1999 - June 2003 During Kyrah McPherson's lifetime, she has resided with the following persons and at the following addresses: Name Address D~e Paternal Grandmother Allentown, Lehigh County, Pennsylvania March 1995 ~ 1999 Jessie Mae Nesmith (maternal grandmother) Judea McPherson (sister) Adolph Comer (half brother) Ethia McPherson (half sister) Bertha Nesmith (mother) Alexandria McPherson (sister) 456 North West Street Carlisle, Cumberland County, Pem~sylvania 1999 - June 2003 Alexus McPherson's (sister) The mother of the children is Bertha Nesmith, currently residing at 456 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. She is single. The father of the children is Alexander McPherson currently residing at 425 Bellview Street, Allentown, Lehigh County, Pennsylvania 18102. He is single. 4. The relationship of plaintiff to the children is that of grandmother. The plaintiff currently resides with the following persons: Name Relationship Judea McPherson Adolph Comer Ethia McPherson Bertha Nesmith grand daughter grandson grand daughter daughter 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: Name Relationship Unknown to plaintiff friend 6. The plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The plaintiff does not know ora person not a party to the proceed/rigs who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a) The grandmother has been the primary caregiver since birth for Alexandria M. McPherson and Alexus M. McPherson and for Kyrah McPherson since 1999. The grandmother has provided for their emotional, physical, educational, and medical needs including establishing a stable home environment for them, and she can continue to provide for the children. b) The children have a close relationship with Judea McPherson, their sister, Adolph Comer, their half brother, Ethia McPherson, their half sister, and Bertha Nesmith, their mother, who all live in their grandmother's household. c) In or about late June 2003, the father took the children to Allentown for a visit and he refuses to return the children. d) Before June 2003, the father had visited Alexandria M. McPherson and Alexus M. McPherson a total of three times in their entire lifetime. e) After the grandmother gained custody of Kylah McPherson in 1999, the father visited her a total of three times before June 2003. f) The father has not acted in the best interest of the children in ways including but not limited to the following: i) Taking them for a visit and refusing to return them. ii) Moving them away from familiar surroundings including, but not limited to their home, their schools, chumh, family and friends. iii) Preventing the children from resuming attendance at their schools in August 2003. To the best of Plaintiff's knowledge, the children have not resumed attendance at any school. 10. The grandmother requests that the court order the following: a. Grant her primary physical and legal custody of the children. b. Enjoin the father from removing the children from Carlisle, Cumberland County, Pennsylvania. c. Order the father to surrender the children to her. 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant her primary physical and legal custody of the children. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, /J Jessica Diamondstone - Attorneys for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Jessie Mae Nesmith, verifies that the statements made in the above Complaint are true and correct. Plaintiffunderstands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: JESSIE MAE NESMITH, Plaintiff ALEXANDER MCPHERSON, And BERTHA NESMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA : NO. 03- ~'.q~2s CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Ki dly mith i tiff, t ri n allow, Jessie Mae Nes , Pla n o proceed in forma paupe s. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that the party is unable to pay the costs and that I am providing free legal services to the party. Attorney for Plaintiff MidPerm Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JESSIE MAE NESMITH, VS. Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM ALEXANDER MCPHERSON and BERTHA NESMITH : Defendants CUSTODY AFFIDAVIT OF SERVICE FOR PERSONAL SERVICE t~[ · ,/9 °~a [,e~lie~f and~an O~r~ o~f~ho;7~yn ~Veeaa;othv;tJahp~oen;~7~sde,~-~/~'-w~i~af~P~elit~on for Spemal pursuant to Rule 1930.4(a)(1 ) of the Pennsylvania Rules of Civil Procedure by personally handing him a copy at ~/eq~'4'' ~g//~/7 ~-~ (Street Number and Address) (City) (State) (Zip) at/_~m, onthe !~////~t dayof ~/~,,2003. (Time) -, , t~ (Date) · ~ (Month) I, ~ n~a~m~ ~er~/e]]~/~/~ , verify that the statements made in this t e ope son whg/performed service) Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4004 relating to unswom falsification to authorities. Date: Signam/~ JESSIE MAE NESMITH, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND/COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM ALEXANDER MCPHERSON c~i; : ~ and W': ,n ': BERTHA NESMITH : z ~ ~ Defendants CUSTODY -~-~ ', ~F~AVIT OF SERVICE FOR PE~ONAL SER~CE , ::~ I,/--~ ~, ao nereoy swe~ ~at I have se~ed ~v' wi~ a Petition for~pe~al -< Relieff~d ~ Order of Court in ~e above captioned case pursuant to Rule 1930.4(a)(l ) of the Pennsylvania Rules of Civil Procedure by personally handing him a copy at (Street Number and AddreSs) (Ci~) (State) (Zip) at ~O_I/.m. on the ~/ day of ~Q, 2003. (Time) (Date) (Month) ~,.,.//}/'/(~d~'~ , verify that the statements made in this (name t6fperson who performed service) Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Signature~ .... ~ SEP 05 003 JESSIE MAE NESMITH, VS. Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 't '3 2 ( CIVIL TERM ALEXANDER MCPHERSON And BERTHA NESMITH, Defendants CUSTODY ORDER OF COURT AND NOW, this ~'Xday of ~ 2003, upon consideration of the Petition For Special Relief, the following order is entered regarding custody of Alexandria M. McPherson bom November 30, 1991, Alexus M. McPherson bom November 30, 1991, and Kyrah McPhersonbom March 8, 19951 C~ ~ ~ ,~ ~'~"x~ ~_ ~-1. ' ]c5~,~,, M'a~ N~ntlth snail nave prilnary 1511ysqcal and l~a'l ,,~,~t6dy 6q thc chikt. 3 Alaxandor ~oPhorcon M~&ll ~,Amn the cmlaren to me plaintiffs custody wiflfin . three hn~lr~ ~Fr~o~.pt nfthi~ nrd~.. 3. Alexand~a IVlX, Ph~on shah De enjolnecl from removing me child-from ,- Cv'~berland Co~antv, P~nac6qx~li~,. . . t Joan Carey, Attorney at Law Jessica Diamondstone, Attomey at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ~ESSIE MAE NESMITH, Plaintiff VS. ALEXANDER MCPHERSON, and BERTHA NESMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVAN~ No. 03- ¥31 ~CrvTL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Jessie Mae Nesmith, by and through her counsel, Joan Carey and Jessica Diamondstone of MidPenn Legal Services, states the following: Petitioner, the above-named Plaintiff, hereinafter referred to as the grandmother is Jessie Mae Nesmith, residing at 456 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. Respondents are the above-named Defendants, hereinafter referred to as the father, Alexander McPherson, who resides at 425 Bellview Street, Allentown, Lehigh County, Pennsylvania 18102. and the mother Bertha Nesmith, who resides at 456 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 1. The above-named defendants are the natural parents of the twin girls, Alexandria M. McPherson and Alexus M. McPherson, born November 30, 1991, and Kyrah McPherson bom March 8, 1995. 2. By placement of the Office of Children and Youth in Lehigh County, and by mutual agreement of the mother and father, they have agreed to the grandmother's custody of the children. From birth until June 2003, Alexandria and Alexus McPherson lived with their grandmother and were visited by the father a total of three times. Kyrah McPherson has been in the grandmother's custody since 1995 and before that time had been in the custody of the paternal grandmother since birth. She has been visited by the father a total of three times in the past four years. 3. The father took Alexandria, Alexus and Kyrah for a visit in June 2003 and refuses to return them. 4. The father is not acting in the children's best interest for reasons including, but not limited to, the following: a) Taking them for a visit and refusing to return them. b) Moving them away from familiar surroundings including, but not limited to their home, their schools, chumh, family and friends. c) Preventing the children from resuming attendance at their schools in August 2003. To the best of Plaintiff's knowledge, the children have not resumed attendance at any school. 5. The grandmother is the person who can best provide for the children for reasons including, but not limited to, the following: a. The grandmother is presently able to provide for the children by giving the children a nurturing environment and providing for their emotional, physical, medical and educational needs. b. The children were registered and had expected to resume classes in the Carlisle School District on August 25, 2003. c. The grandmother can provide a stable home environment for these children. The grandmother requests that the Court grant primary physical and legal custody of the children to her and prohibit the father from taking the children out of Cumberland County. WHEREFORE, Petitioner respectfully requests the following: a. That the Court immediately grant custody to the grandmother. b. That the Court prohibit the father from removing the children from Cumberland County Pennsylvania. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Attorneys for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Jessie Mae Nesmith, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Jessie Mae Nesmith, Plaintiff JESSIE MAE NESMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4325 CIVIL TERM : ALEXANDER McPHERSON and : BERTHA NESMITH, : Defendants : CUSTODY IN RE: TEMPORARY CUSTODY ORDER OF COURT AND NOW, this 9th day of September, 2003, after hearing, we enter the following temporary Order to be in effect until the conciliation conference which shall be scheduled immediately by the Court Administrator for the earliest practical date: 1. The parties, Jessie Mae Nesmith, Plaintiff, Alexander McPherson and Bertha Nesmith, Defendants, shall have joint legal custody of the children, Alexandria M. McPherson, born November 30, 1991, Alexus M. McPherson, born November 30, 1991, and Kyrah McPherson, born March 8, 1995. 2. The parties shall keep each other informed at all times of their residential addresses and phone numbers. 3. This Order entitles any party to access the school records of the children. 4. Primary physical custody of the children shall continue with Alexander McPherson, with periods of temporary physical custody in the other parties as follows: A. With Plaintiff, Jessie Mae Nesmith, every other weekend from Friday at 8:00 p.m. until Sunday at 6:00 p.m. beginning Friday, September 12, 2003. Father shall deliver the children to Ms. Nesmith's home at the beginning of her periods of temporary custody and pick them up from her home at the conclusion of said period of temporary custody. B. Father shall make the children available to receive phone calls from Ms. Nesmith on a regular basis. 5. Periods of partial physical custody with Bertha Nesmith shall be at such times as the parties may agree. Father is not to drink any alcoholic beverages while the children are in his custody. This is a temporary Order only and in no way reflects our opinion as to what custody arrangements should be entered after a full hearing on the merits. By the Court Edward E. Guido, J. Joan Carey, Esquire MidPenn Legal Services For the Plaintiff Alexander Mc?herson 425 Bellview Street Allentown, PA 18102 Defendant, Pro se Bertha Nesmith c/o Jessie Mae Nesmith 456 North West Street Carlisle, PA 17013 Court Administrator ~ srs JESSIE MAE NESMITH PLAINTIFF V. ALEXANDER MCPHERSON AND BERTHA NESMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-4325 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, September I1, 2003 , upon cortsideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, Sel~tember 29, 2003 at 10:30 AM 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 def'me and narrow 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 appear 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT. By: /s/ _Iacqueline M. Verney, 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 court, please contact our office. All arrangements most 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 17(113 Telephone (717) 249-3166 JESSIE MAE NESMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4325 CIVIL TERM ALEXANDER McPHERSON and i CIVIL ACTION _ LAW BERTHA NESMITH, : Defendants : IN CUSTODY ORDER OF COURT AND NOW, this ~'~ day of O~ consideration of the attached Custody Conciliation Report ,2003, upon follows: i[t is ordered and directed as 1. The prior Order of Court dated September 9, 2003 is hereby vacated· 2. The Maternal Grandmother, Jessie Mae Nesrnith, Father, Alexander McPherson and Mother, Bertha Nesmith, shall have share ~ M. McPherson, born Nove 30 ~aa, ..... ,d, legal custody of Alexandria tuber --, ,,~,, mexus M. McPnerson, born November 30, 1991 and Kyrah McPherson, born March 8, 1995. Each party shall have an equal right, to be exercised jointly with the other party, to make all major, non-emergency decisions affecting the Children's oeneral w~- [-' · , , ~, ~,x-ucmg mc~uaing, but not limited to, all decisions regarding their health, education and religion. 4. follows: Father shall have primary physical custody of the Children. Grandmother and Mother shall have periods of partial physical custody as A. Alternating weekends from Saturday at 10:00 a.m. to Sunday at 6:00 p.m. Father shall transport for thes~ periods of custody. In the event that Mother or Grandmother can arrange transportation for the Friday of these alternating weekends, they shall be entitled to physical custody from Friday at 8:00 p.m. Father would still be responsible to pick up the Children on Sundays. B. An additional weekend every month with reasonable ' · Father, provided Mother ~-~- ..prior notice to or ,o-~mother are responsible for all transportation from Friday at 8:00 p.m. to Sunday at 6:00 p.m. C. In the event there is a Monday holiday from school that coincides with rGe[ua~ndm,°~h,e,r's ~an.d^~Mother's period of partial ph sical c · urn snan oe at 6'00 ,~ m ~- '- - ~ Y ustody said · v. · ~,- ~v~onaay. lransnortat' shall be as set forth in A. or B. above. ~ ion on Mondays 5. Grandmother and Mother shall have partial physical custody for the Thanksgiving holiday from 10:00 a.m. Thanksgiving to Sunday at 6:00 p.m. Father shall be responsible for transportation. 6. Grandmother and Mother shall have physical custody for the Chri holiday from 3:00 p.m. on Christmas to th ' Father shall be responsible for transportatieo dn.ay bef°re school resumes at 12:00 nScTn,as 7. Easter shall be alternated as agreed by the parties. 8. Grandmother and Mother shall have physical custody of the Children for the summer, beginning two weeks after summer recess begins to two weeks before school resumes, except that Father shall have physical custody of the children for one weekend, Friday to Sunday, in the transportation, middle of the summer. Father shall be responsible for 9. No party will do anything nor permit a third party to do may estrange the Children from the other party, or injure anything which the opinion of the Children as to another party or which may hamper the free and natural development of the Children's love and respect for another party. I 0. Father is not to drink alcohol to the point of intoxication while the Children are in his custody. 11. This Order is entered Pursuant to an agreement of the parties at a Custody Conciliation Conference. · . The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. c~,(. Joan Carey, Esquire, Counsel for Grandmother ~'~X/athan Wolf, Esquire, Counsel for Father l/Bertha Nesmith, pro se C/O Jessie Mae Nesmith 456 North West Street Carlisle, PA 17013 JESSIE MAE NESMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-4325 CIVIL TERM ALEXANDER McPHERSON and i CIVIL ACTION _ LAW BERTHA NESMITH, Defendants : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODy CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUM PROCEDURE 1915 3-8 thc under~: . ~BER/~.AND COUNTY RUL OF repo.: .... usto y Conc ,iator submits 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Alexandria M. McPherson Alexus M. McPherson Kyrah McPherson DATE OF BIRTH November 30, 1991 November 30, 1991 March 8, 1995 CURRENTLY IN CUSTODY OF Father Father Father 2. A Conciliation Conference was held in this matter on September 29 2003, with the following individuals in attendance: The maternal Nesmith, with her counsel, Joan Carey, Mid Penn Grandmother, Jessie Mae Legal Services, Father, Alexander McPherson, with his counsel, Nathan Wolf, Esquire and Mother, Bertha Nesmith, pro se. 3. The Honorable Edward E. Guido entered a Temporary Custody Order dated September 9, 2003 providing for shared legal custody,/lather having p. rimary physical custody and Grandmother and Mother having alternating weekends 4. The parties agreed to the entry of an Order in the form as attached. Date Custody Conciliar;7~'' ~sqmre /