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HomeMy WebLinkAbout08-1855CHARLES HARRY ZIMMERMAN, Plaintiff vs. TASHA ANN NETHERCOTT, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- / U CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Charles Zimmerman, hereinafter referred to as Father. Father mailing address is P.O. Box 43, Shippensburg, Cumberland County, Pennsylvania 17257. Father's residence is 3 Britton Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Tasha Nethercott, hereinafter referred to as Mother. Mother is believed to be residing with her foster mother, Heidi Street, at 264 Foxcatcher Drive, Myrtle Beach, Horry County, South Carolina 29588-6687. Mother may also be receiving her mail in care of her biological mother, Susan Frickie, at 21 West Main Street, Newville, Cumberland County, Pennsylvania 17241. 3. Father seeks primary physical custody of the minor child: Name Present Residence Age Elizabeth Sue Zimmerman 264 Foxcatcher Drive 7.23.06 DOB, - 2 yrs old Myrtle Beach, SC 29588-6687 Elizabeth was born out of wedlock. Elizabeth is presently in the custody of Mother as a result of her sudden flight to South Carolina with her boyfriend. Immediately prior to her departure, Mother refused to allow Father to see Elizabeth and left Pennsylvania with the child and without any discussion or agreement from Father. During her lifetime, Elizabeth has resided with the following persons and at the following addresses: Name Charles Zimmerman Tasha Nethercott Joy Zimmerman Tina Zimmerman Address Date 3 Britton Road birth -1/07 Shippensburg, PA Charles Zimmerman Tasha Nethercott Joy Zimmerman Tina Zimmerman Tasha Nethercott Susan Frickie Doug Frickie Charles Zimmerman Tasha Nethercott Susan Frickie Doug Frickie Tasha Nethercott Jack Weaver Heidi Street 3 Britton Road 1/07 - 6/07 Shippensburg, PA (weekdays) 21 West Main Street 1/07 - 6/07 Newville, PA (weekends) 19 West Main Street 6/07 -12/07 Newville, PA 21 West Main Street 12/07 - 3/08 Newville, PA 264 Foxcatcher Dr Myrtle Beach, SC 5. Father lives with the following persons: Name Joy Zimmerman Tina Zimmerman 6. It is believed that Mother lives with the following persons: Name Relationship Jack Weaver Heidi Street Elizabeth Zimmerman 3/08 - present Relationship Paternal Grandmother Elizabeth's Aunt Paramour Foster Mother Child with Plaintiff 7. Father has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Elizabeth in this or another court. 8. Father has no information of a custody proceeding concerning Elizabeth pending in a court of this Commonwealth. 9. Father does not know of a person not a party to the proceedings who has physical custody of Elizabeth or claims to have custody or visitation rights with respect to Elizabeth. 10. Elizabeth's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Elizabeth was born, Father was her primary caretaker and was responsible for her emotional, physical, educational, financial and medical needs. b. Father is fully capable of caring for Elizabeth on a primary basis and has done so since her birth. Moreover, Father has the full support of his family in providing for Elizabeth's care on a primary basis. c. Father's mother participates as a child care provider within the Child Care Network.. Paternal Grandmother is willing and able to provide child care for Elizabeth so that Father can continue to work and provide for Elizabeth's needs. d. Father is willing to communicate with and work cooperatively with Mother to co- parent Elizabeth and will encourage their mother/daughter relationship. 10. Mother has not acted in Elizabeth's best interests in ways including but not limited to the following: a. Mother generally left the primary caretaking duties to Father when the parties were living together as a family unit. b. When the parties separated, Mother left Elizabeth in the care of the maternal grandparents in order to focus on her personal activities and relationships. c. Since the parties separated on January 8, 2008, Father has seen Elizabeth on two occasions, each for about four (4) hours. Mother has restricted Father's time with Elizabeth, going so far as to go to Father's home at 4:00 a.m. to demand the child. d. Mother has re-established her relationships with friends who are known to be involved in drug use. After the parties' separation, Mother frequently sent Elizabeth to the maternal grandparent's home to spend time with these friends. e. In or about mid-February 2008, Mother absconded with Elizabeth to South Carolina. Father had no knowledge of Mother's plan to leave Pennsylvania and he only learned of Mother's whereabouts from Mother's friend. f. Mother left for South Carolina with her boyfriend, Jack Weaver. Mr. Weaver has a criminal record extended back to 2003 and includes incidents as recent as August 2007. Father is concerned about Elizabeth being in the care and custody of Mr. Weaver. g. On March 19, 2008, the police came to Father's home looking for Mother. In light of this newest incident, Father is increasingly concerned for Elizabeth's wellbeing while in Mother's custody. 12. Every person with rights to custody or having actual physical custody of Elizabeth has been named as parties to this action. WHEREFORE, Father requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Elizabeth. 2. That Father shall have primary physical custody of Elizabeth. 3. That Mother shall immediately return the child to Father's custody in Pennsylvania. 4. That Mother shall have periods of partial custody at times agreed upon by the parties. 5. That the non-custodial parent shall have reasonable telephone contact with Elizabeth while she is with the other parent. 6. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Elizabeth during various holidays. 7. That Mother must provide Father with a current address so he knows where Elizabeth will be during Mother's periods of partial physical custody. 8. Neither party shall consume alcohol or illegal drugs when Elizabeth is in their custody and neither party shall allow Elizabeth to be exposed to persons who have been consuming alcohol or illegal substances. 9. Any other relief this Court finds just and equitable. Respectfully submitted, I-- AM\ WLKO ca olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 It VERIFICATION The above-named PLAINTIFF, Charles Zimmerman, verifies that the statements made in the above COMPLAINT FOR CUSTODY 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. Ov Date: Charles Har y Zimmerman CHARLES HARRY ZIMMERMAN, Plaintiff vs. TASHA ANN NETHERCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- CUSTODY CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Tasha Ann Nethercott, with a Complaint For Custody on (11ay({ A , 2008 by certified mail, return receipt, restricted delivery, to the person and addresses below: Tasha Ann Nethercott c/o Heidi Street 264 Foxcatcher Drive Myrtle Beach, SC 29588-6687 Tasha Ann Nethercott c/o Susan Frickie 21 West Main Street Newville, PA 17241 I, Jessica Holst, verify that the statements made in this 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 unsworn falsification to authorities. Date: 3 - a y' A Signature: C-7 N C;.r c:a 77 ?y r- - CHARLES HARRY ZIMMERMAN, Plaintiff vs. TASHA ANN NETHERCOTT, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08- / F5; CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Charles Harry Zimmerman, Plaintiff, to proceed in forma 12auperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jes a Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 --tz T CHARLES HARRY ZIMMERMAN, Plaintiff vs. TASHA ANN NETHERCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- ?'SS CIVIL TERM CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Charles Harry Zimmerman, by and through his counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Father, who has a mailing address of P.O. Box 43, Shippensburg, Cumberland County, Pennsylvania '17257 and a residential address of 3 Britton Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent is the above-named Defendant, and resides either with her foster mother, Heidi Street, at 264 Foxcatcher Drive, Myrtle Beach, Horry County, South Carolina, 29588-6687 or with her biological mother, Susan Frickie, at 21 West Main Street, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural and biological parents of the minor child Elizabeth Zimmerman, born July 23, 2006. 4. There is no prior Custody Order in this matter. A Custody Complaint has been filed simultaneously with the filing of this Petition for Special Relief. 5. In mid-February, Defendant took Elizabeth to South Carolina without Father's agreement or knowledge. Defendant has refused to allow Father to see or speak to Elizabeth since leaving for South Carolina. 6. Defendant is not acting in Elizabeth's best interests for reasons including, but not limited to, the following: a. Mother generally left the primary caretaking duties to Father when the parties were living together as a family unit. b. When the parties separated, Mother left Elizabeth in the care of the maternal grandparents in order to focus on her personal activities and relationships. c. Since the parties separated on January 8, 2008, Father has seen Elizabeth on two occasions, each for about four (4) hours. Mother has restricted Father's time with Elizabeth, going so far as to go to Father's home at 4:00 a.m. to demand the child. d. Mother has re-established her relationships with friends who are known to be involved in drug use. After the parties' separation, Mother frequently sent Elizabeth to the maternal grandparent's home to spend time with these friends. e. In or about mid-February 2008, Mother absconded with Elizabeth to South Carolina. Father had no knowledge of Mother's plan to leave Pennsylvania and he only learned of Mother's whereabouts from Mother's friend. f. Mother left for South Carolina with her boyfriend, Jack Weaver. Mr. Weaver has a criminal record extended back to 2003 and includes incidents as recent as August 2007. Father is concerned about Elizabeth being in the care and custody of Mr. Weaver. g. On March 19, 2008, the police came to Father's home looking for Mother. In light of this newest incident, Father is increasingly concerned for Elizabeth's wellbeing while in Mother's custody. 7. Father is the parent who can best provide for Elizabeth for reasons including, but not limited to, the following: a. Since Elizabeth was born, Father was her primary caretaker and was responsible for her emotional, physical, educational, financial and medical needs. b. Father is fully capable of caring for Elizabeth on a primary basis and has done so since her birth. Moreover, Father has the full support of his family in providing for Elizabeth's care on a primary basis. c. Father's mother participates as a child care provider within the Child Care Network. Paternal Grandmother is willing and able to provide child care for Elizabeth so that Father can continue to work and provide for Elizabeth's needs. d. Father is willing to communicate with and work cooperatively with Mother to co- parent Elizabeth and will encourage their mother/daughter relationship. 8. Without this Court's intervention, Elizabeth is at risk of being harmed by being denied contact with Father, the person who has been her primary caretaker since birth. Furthefthore, Defendant's involvement with illegal drug use has the potential of subjecting Elizabeth to a dangerous environment. WHEREFORE, Father respectfully requests that the Court order the following: a. Defendant shall immediately return the child, Elizabeth, to Father's custody. If necessary, the police or sheriff's department shall assist with the return of the child should Father be required to retrieve Elizabeth from Defendant. b. The parties shall share legal custody of Elizabeth. c. This matter shall be scheduled for a custody conciliation to determine a more specific custody order regarding Elizabeth Zimmerman, born July 23, 2006. d. Until the conciliation conference, Father shall have primary physical custody of Elizabeth. e. Until the conciliation conference, Defendant shall have periods of partial custody at times and places as the parties may agree. f. That until the conciliation, Defendant shall have periods of partial physical custody at times and places as agreed to by the parties. g. Any other relief this Court finds just and equitable. Respectfully submitted, Jes a olst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, Charles Harry Zimmerman, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF 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. Date: Charles H Pry Zimmerman CHARLES HARRY ZIMMERMAN, Plaintiff vs. TASHA ANN NETHERCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Tasha Ann Nethercott, with a Complaint For Custody on 14 71 , 2008 by certified mail, return receipt, restricted delivery, to the person and addresses below: Tasha Ann Nethercott c/o Heidi Street 264 Foxcatcher Drive Myrtle Beach, SC 29588-6687 Tasha Ann Nethercott c/o Susan Frickie 21 West Main Street Newville, PA 17241 I, Jessica Holst, verify that the statements made in this 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 unsworn falsification to authorities. Date: 3 ' ?y -o7 Signature- r n., - ?, ,_ f ' :] ??-? 77 '?' ~ ? T? , r- .S:'- -. _?i"} -- ,.. a _ _ ; -; ., (i'F w `...w 't CHARLES HARRY ZIMMERMAN, Plaintiff VS. TASHA ANN NETHERCOTT, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Charles Harry Zimmerman, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. , Z? Jessic ols , Esquire Midl`?hn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 dlQ x7; I CHARLES HARRY ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TASHA ANN NETHERCOTT, Defendant NO. 08-1855 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 31St day of March, 2008, upon consideration of Plaintiff's Petition for Special Relief; IT IS HEREBY ORDERED AND DIRECTED: 1. The Parties shall have shared legal custody of the child, Elizabeth Zimmerman, born July 23, 2006. 2. A Custody Conciliation Hearing is scheduled to be held on April 29, 2008, before Jacqueline Verney, Esquire. 3. Pending the Custody Conciliation Hearing, the child shall be returned to Pennsylvania if not already here and the Parties shall have shared physical custody on a week on, week off basis. The child shall be delivered to the Father by 6:00 p.m. on Sunday, April 6, 2008. The child will be returned to the Mother at 6:00 p.m. on Sunday, April 11, 2008. 4. The child shall not be removed from the State of Pennsylvania pending the Custody Conciliation Hearing. By the Court, - N\ t,\, W 1Z M. L. Ebert, Jr., J. . (,i v CS S iJ? i. ` U 4i w, 4 -Jessica Hoist, Esquire Attorney for Plaintiff ?Tasha Nethercott, Pro Se Defendant c/o Heidi Street 264 Foxcatcher Drive Myrtle Beach, SC 29588-6687 asha Nethercott, Pro Se Defendant c/o Susan Frickie 21 West Main Street Newville, PA 17241 ,-'J"acqueline Verney, Esquire Custody Conciliator bas 00p I ?S Mtadz?- 3?3?l08 CHARLES HARRY ZIMMERMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1855 CIVIL ACTION LAW TASHA ANN NETHERCOTT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Tuesday, April 29, 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es T 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 ;AT a 1:? t i 1 AW w 5 'XPR 30 2006re CHARLES HARRY ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL17ANIA V. : NO. 2008-1855 CIVIL ACTION - LAW TASHA ANN NETHERCOTT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of M 0- , 2008, upon consideration of the attached Custody Conciliation O port, it is ordered and directed as follows: 1. The prior Order of Court dated March 31, 2008 is hereby vacated. 2. The Father, Charles Harry Zimmerman and the Mother, Tasha Ann Nethercott, shall have shared legal custody of Elizabeth Sue Zimmerman, born July 23, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parents shall have shared physical custody on a week on/week off schedule with the exchange day and time being Sundays at 6:00 p.m. 4. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 a- v noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. Thanksgiving shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. C. Easter shall be alternated among the parties from 9:00 a.m. to 6:00 p.m. with Father having physical custody in odd numbered years and Mother having physical custody in even numbered years. D. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 6:00 p.m. and Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 6:00 p.m. Transportation shall be shared such that the relinquishing party shall transport. 6. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately prior to or during their periods of physical custody. The parties shall assure that third parties who are around the child, abide by this restriction. 7. Neither parent may do or say anything nor permit a third party from doing or saying anything that may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. 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. BY THE COURT, J. cc: Jessica Holst„ Esquire, MidPenn Legal Services, Counsel for Father ?Tasha Ann Nethercott, pro se 21 West Main Street Newville, PA 17241 s ?.?as a1NVAI,k NN3d 6 :9 WV 9- AN OOQZ Ad?1.fJt??E-llGtdd ?C? ,., •, gave a o zoom CHARLES HARRY ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1855 CIVIL ACTION - LAW TASHA ANN NETHERCOTT, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elizabeth Sue Zimmerman July 23, 2006 shared 2. A Conciliation Conference was held in this matter on April 29, 2008, with the following in attendance: The Father, Charles Harry Zimmerman, with his counsel, Jessica Holst, Esquire, MidPenn Legal Services and the Mother, Tasha Ann Nethercott, pro se. 3. A prior Order of Court was entered by the Honorable M.L. Ebert, Jr. dated March 31, 2008 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. The parties agreed to an Order in the form as attached. 5 0 - Date acq ine M. Verney, Esquire Custody Conciliator