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Home My WebLink About04-1733MELISSA S. ZIMMERMAN, Plaintiff LEONARD C. WESLEY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 04-/73'~ CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Melissa Zimmerman, by her attorneys, the Family Law Clinic, sets forth the following action: The plaintiff is Melissa Zimmerman, residing at 1017 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania, 17070. The defendant is Leonard Wesley, residing at 508 2® Street Rear Building, Highspire, Dauphin County, Pennsylvania, 17034. Name Dakoda Zimmerman 3. Plaintiff seeks custody of the following children: Present Residence 1017 Swarthmore Rd. New Cumberland, PA 17070 The Child was bom out of wedlock. Date of Birth 11-18-96 The Child is presently in the custody of Melissa Zimmerman, who resides at 1017 Swarthmom Road, New Cumberland, Cumberland County, Pennsylvania, 17070. During the past five years, Child has resided with the following persons and at the following addresses: Persons Melissa & Randy Zimmerman Arianna Reed Chad Zimmerman Patricia Zimmerman Address 1017 Swarthmore Rd. New Cumberland, PA 17070 1017 Swarthmore Rd. New Cumberland, PA 17070 1017 Swarthmore Rd. New Cumberland, PA 17070 1017 Swarthmore Rd. New Cumberland, PA 17070 Dates 11/96 - present 10/03 - present 11/96 - 12/03 11/96 - 12/01 The mother of the Child is Melissa Zimmerman, hereinafter "Mother", currently residing at 1017 Swarthmore Rd., New Cumberland, Cumberland County, Pennsylvania, 17070 She is single. The father of the Child is Leonard Wesley, hereinafter "Father", currently residing at 508 2~a Street, Rear Building, Highspire, Dauphin County, Pennsylvania, 17034 He is single. 4. The relationship of the plaintiff to the child is that of Mother. She resides with the following persons: Name Relationship Randy Zimmerman Father Dakoda Zimmerman Son Ar/anna Zimmerman Daughter 5. The relationship of the defendant to the child is that of Father. He currantly resides with the following persons: Name Girlfriend Girlfriend's minor children Gift friend' s parents Relationship 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Mother does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) b) c) d) e) Mother has been the pr/mary caretaker of the child since birth; Mother is best able to provide the care and nurturing which the child needs for healthy development; Mother provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; Mother exercises parental duties and enjoys the love and affection of the child; Father has not had consistent contact with the child due to his frequent incarcerations. 8, Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Mother requests the court grant primary physical custody of the chid to Mother with periods of supervised visitation with Father. Date: Certified Legal Intern ROBERT E. RAINS ANNE MACDONALD FOX LUCY JOHNSTON WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: 4/lb,/0¼ Melissa Zimmerm~n, Plaintiff MELISSA S ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LEONARD C WESLEY, Defendant CIVIL ACTION ~ LAW IN CUSTODY : NO.01-/7~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Melissa Zimmerman, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Certified Legal Intern ANNE MACDONALD FOX LUCY JOHNSTON WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 MELISSA S. ZIMMERMAN PLAINTIFF 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1733 CIV1L ACTION LAW LEONARD C. WESLEY : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 21, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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. All children age five or older may also be l~resent at the conference. Failure to apl3ear 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 I~rior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq. Custody Concili[ator mhc 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 17(}13 Telephone (717) 249-3166 MELISSA S. ZIMMERMAN, Plaintiff V LEONARD C. WESLEY, Defendant JUN 0 ~ 2004~ : IN THE COURT OF COMMON PLEAS OF CUMBERLA~ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1733 IN CUSTODY COURT ORDER AND NOW, this __//~_ day of June, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Mellssa S. Zimmerman, shal/ enjoy sole legal and physical custody of Dakoda J. Zimmerman, born November 18, 1996. 2. The father, Leonard C. Wesley, shall have periods of temporary custody with the minor child at such times and under such circumstances as agreed to by the mother. This order is entered in recognition that the father was not in attendance at the Custody Conciliation Conference· Counsel for the mother is directed to mail a copy of this order and the attached conciliation report to the father at his last known address. In the event the father desires to modify this order, father may petition the Court to have the c~tse again scheduled before the Custody Conciliator for a conference· CC: BY THE COURT, J/~on Family Law Clinic-- ~ Evans, 5 ~. i \~ [ MELISSA S. ZIMMERMAN, Plaintiff V LEONARD C. WESLEY, Defendant JUN 0 ~ 20O4 IN THE COURT OF COMMON PLEAS OF CUMBER]LAND COUNTY PENNSYLVANIA CIVIL ACTION ~ LAW NO. 2004 - 1733 IN CUSTODY CONCILIATION CONFERENCE SU~EMARY REPOR~TT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dakoda J. Zimmerman, born November 18, 1996. A Conciliation Conference was held on May 21, 2004, with the following individuals in attendance: The mother, Melissa S. Zimmerman, with her student Attorney, Jason Evans, of the Dickinson School of Law, Family Law Clinic. The father was not present. Mother indicates she currently has physical custody of the minor child and that the father has not seen the child since 11998. She also indicated that the father contacted her by phone within the past few weeks indicating that he had received notice of the Custody Conciliation Conference· Based upon the above, the Conciliator recom~nends an order in the form as attached. DATE Hubert X. Gilr.oy, ~-- Custody Concihatar/ MELISSA S. ZIMMERMAN, Plaintiff LEONARD C. WESLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2004- 1733 CIVIL TERM CERTIFICATE OF SERVICE I, Jason C. Evans, hereby certify that I am a competent adult and that I served a correct copy of the Conciliation Conference Summary Report and the Court Order, Docket No. 2004- 1733 signed June 11, 2004, by Honorable Judge Kevin A. Hess through the U.S. Postal mail to LEONARD C. WESLEY, at 508 2nd Street Rear Building, Highspire, PA 17034. I verify that the statements made in this certificate are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 71%243 -2!;}68