Loading...
HomeMy WebLinkAbout08-0646NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF TIMOTHY L. ZIMMERMAN, Plaintiff V. HEATHER B. PETERS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008 - Lt4b CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Timothy L. Zimmerman, by his attorney, Nathan C. Wolf, Esquire, and files this complaint for custody, representing as follows: 1. The plaintiff is Timothy L. Zimmerman, an adult individual residing at 131 Airport Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant is Heather B. Peters, an adult individual residing at 123 Marco Circle, Shippensburg, Franklin County, Pennsylvania 17257. 3. The parties are the natural parents of one minor child, namely, Hailee Breelynn Zimmerman (born November 15, 2005, age 2). 4. From birth the child primarily resided with both parents until May 2007, when the parties finally separated (the parties had previously separated between November 2006 and February 2007). Since May 24, 2007, the child has been in the shared custody of the parties, but Father has had more than half of the overnights each month until January 3, 2008. 5. As of January 3, 2008, Mother has refused to permit Father to see the child, claiming that she had sought a Protection From Abuse Order from the Court. Counsel for Father has determined, as of the date of the filing of the instant complaint, by contacting each Prothonotary's Office that there have been no actions filed by Mother against Father in either Franklin or Cumberland County. A copy of the temporary order, which was served on him after the initial drafting of the instant Complaint is attached hereto as Exhibit A. No other actions for custody have been filed as of the filing of the instant complaint. 6. The child was born out of wedlock 7. The parties have never been married. 8. Father has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, except that Mother filed a Petition for a Protection From Abuse Order in Franklin County, which is scheduled for a hearing on January 29, 2008. A copy of the 9. Father has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 10. Father does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. Father seeks an Order setting forth a specific schedule for custody because Mother has, since January 3, 2008, denied Father the opportunity to see the child at all. 12. Mother falsely informed Father on January 9, 2008 that she has already obtained a Protection From Abuse Order, though no such action was filed in either Franklin or Cumberland Counties until January 18, 2008, service of which was not made on Father until January 28, 2008. 13. At that time, Mother also informed Father that she had contacted the Probation Department in Franklin County to have Father's probation revoked, though no such contact was ever made. 14. It should be noted that Father's probation was pursuant to a non-DUI accelerated rehabilitative disposition (ARD) and was not the result of a conviction for any criminal offense. 15. Mother informed Father that the basis for seeking a PFA and a violation of probation was that he had allegedly driven past her house in a diesel truck, on January 6, 2008 though she did not see Father specifically. 16. At the time of the alleged incident, Father was in Huntingdon County with several other adults who are willing to testify as to his true whereabouts. 17. On January 7, 2008, which was the morning after the incident was alleged to have occurred, Mother came to Father's residence and collect child support from Father directly, and made no mention of any alleged harassment or her intention to withhold custody of the child. 18. Father believes that there is no reasonable basis to support the allegation against him, and now seeks the entry of the instant order to re-establish the prior custody schedule. 19. As stated above, Father previously enjoyed more than half of the overnights of custody since May 24, 2007, totaling 132 from that date until January 3, 2008. 20. Venue is proper in Cumberland County because the child has spent the majority of overnights in the custody of Father for the six months preceding Mothers refusal to allow Father to have contact with the child, and Father resides in Cumberland County. Moreover, Mother's residence is within one mile of the Cumberland County/Franklin County Border. 21. The best interest and permanent welfare of the child will be served by granting the relief requested herein because the Mother's behavior denying Father the ability to see the child now necessitates a formal custody order. 22. Father believes that Mother's irrational behavior and her desire to alienate the child from Father evidences the fact that the child's best interests and permanent welfare are not served by the entry of an Order that would result in Mother having primary custody. 23. Father's work schedule and the stability of his household permits him to provide for the child's needs on a primary basis, but he is wholly supportive of Mother being granted periods of partial physical custody. 24. Father and Mother already use the same individuals to provide babysitting during the day while Father is working. 25. The entry of an Order as requested would essentially formalize the schedule of custody which existed between May of 2007 and January of 2008, and but would permit Father to ensure his rights to custody without being subject to Mother's threats or whims. 26. Father believes that without an order confirming his custodial rights, that Mother will continue to threaten his role as the child's caretaker and that such a result would be detrimental to the child's best interests and permanent welfare. WHEREFORE, for the reasons set forth herein, Plaintiff, Timothy L. Zimmerman, respectfully requests that this Honorable Court issue an Order establishing shared legal custody to the parties, primary physical custody to Father, and partial physical custody to Mother, along with granting any other relief the Court deems appropriate. Respectfully submitted, WOLF &WOLF January 21 . 2008 NA 'C. *OLF, ESQUIRE Att rn for Plaintiff 10 est High Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 Heather Peters V. Timothy Zimmerman, Jr. Defendant IN THE COURT OF COMMON PLEAS OF : THE 39TH JUDICIAL : DISTRICT, PA : FRANKLIN COUNTY :BRANCH CIVIL ACTION - LAW No.? PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Timothy Zimmerman, Jr. ` ; -o CA-1 Defendant's Date of Birth is: December 12, 1973 -, d co Defendant's Social Security Number is: 181-54-3622 Name(s) of All protected persons, including Plaintiff and minor children: -v 1. Heather Peters AND NOW, on upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor children as may be permitted under paragraph 4 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiff's or other protected party's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. --UE COPY 123 Marco Circle Shippensburg, PA 17257 --- --- LINDA L. BEAR ', O T HONOTARY 3. Except for such contact with the minor child/ren as may be permitte der paragraph 4 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. EXV I I' b-? A7, 4. CUSTODY Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The Defendant shall have no contact. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Bailee Zimmerman The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. 5. The following additional relief is granted: Other Relief. NOTICE OF HEARING A HEARING ON THE MATTER IS SCHEDULED FOR THE 30 DAY OF }ont c 2008 AT 1:00 P.M., IN COURTROOM 3 AT FRANKLIN ZOUNTY COURTHOUSE, 157 LINCOLN WAY EAST, CHAMBERSBURG, PA 17201. 6. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police, Chambersburg Barracks 7. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby noted that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 4 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY THE COURT: Judge ?a/ ZC?O Date Distribution to: Defendant, Plaintiff, Sheriffs Office, Pennsylvania State Police, Law Offices of WIN Victim Services, Women in Need Heather Peters, Plaintiff VS. Timothy Zimmerman, Jr., Defendant PFAD No. RB3004674M VERIFICATION I do hereby verify that I am the Plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Jn .J 2? , 2008 Timothy . im erman NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 2414436 ATTORNEY FOR PLAINTIFF TIMOTHY L. ZIMMERMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEATHER B. PETERS, : NO. 2008 - CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE_ I, Nathan C Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Complaint for Custody upon the following person, by United States Mail, addressed as follows: Heather B. Peters 123 Marco Circle Shippensburg, PA 17257 Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: "Almurk ?bD, 2008 By- N o , ,Esquire 10 High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff J w C rv ca s+• x col C4 mop e TIMOTHY L. ZIMMERMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-646 CIVIL ACTION LAW HEATHER B. PETERS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 27, 2008 at 9:30 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Mangan, r. Es q. 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 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 ?OOZ ZO .h bid S- 833 ?G1 ?t?J1C?vai?Ai?'0'3iV 3? r~f d? APR 0120081K _I TIMOTHY L. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-646 CIVIL ACTION LAW HEATHER B. PETERS, IN CUSTODY Defendant ORDER OF COURT AND NOW this 3 4 day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Timothy L. Zimmerman, and the Mother, Heather B. Peters, shall have shared legal custody of Hailee Breelynn Zimmerman, born 11/15/2005.. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows on a rotating two week basis: a. In week one, Father shall have physical custody from Wednesday until Monday morning. The times and exchange locations shall be by mutual agreement. b. In week two, Father shall have physical custody from Wednesday until Thursday morning. The times and exchange locations shall be by mutual agreement. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The transportation obligations shall be shared as agreed upon. It is directed that the Child shall not be transported by a driver who is not properly licensed. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Each parent shall provide the other parent with an operable telephone number at which the parent can communicate with the Child. 5. Holidays and Birthdays: The parents shall determine Holidays and Birthdays as mutually agreed upon. In the absence of agreement, the parties shall abide by the holiday schedule as attached. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other parry, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties are directed to not consume alcohol for at least six (6) hours prior to commencing a period of physical custody of the Child. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Relocation: If either party intends to establish residency outside of either Franklin or Cumberland County, Pennsylvania, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 10. This Order is entered pursuant to 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. 11. A status update conciliation conference is hereby scheduled for June 20, 2008 at 3:00 pm at the Court of Common Pleas in Carlisle, Pennsylvania 17013. By the Court, X? ZW/, J. Distribution: ?f?ace D'Alo, Esquire ..- Lathan Wolf, Esquire %,46hn J. Mangan, Esquire eon f es i'»S taL i ?!r? ?? - g +. ?i.,'? ?}? ? L .a 4? l 2 -'1;,..11 ? t 1 s ' i..V? '? .. : ?t ?- ?'i?f ? ?t .? .t HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 S Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1 S Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2°Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 0 (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father .A? TIMOTHY L. ZIMMERMAN, Plaintiff V. HEATHER B. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-646 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Hailee Breelynn Zimmerman 11/15/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on April 1, 2008 with the following individuals in attendance: The Mother, Heather B. Peters, with her counsel Grace D'Alo, Esq. The Father, Timothy L. Zimmerman, with his counsel, Nathan Wolf, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. an, Esquire Custo y ngciliator