HomeMy WebLinkAbout97-04599
ROBERT TODD LINDSAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, 97-4599
CIVIL TERM
LORI E. CHESTNUT,
Defendant
: CIVIL ACTION - CUSTODY
1. The DefendanVPotltloner Is Lori E, Chestnut, formerly Lori E. Jones who Is
the natural mother of the child Collin T, Lindsay born April 7, 1997. The
Plaintiff/Respondent Is Robert Todd Lindsay, the natural father of the said child.
2. On January 1(l, 1999 the Honorable Edgar B. Bayley did order the parties
to share physical custody of the child on alternate weeks with the transfer being on
Thursday afternoons at a time and place set by the parties for their convenience.
3, A copy of the Court Custody Order Is attached hereto and made a part
hereof,
4. This Order occurred following a custody trial at which time the parties
were Involved In different employment situations with the mother then working as a full
time medical assistant and the father working as a full-time 911 dispatcher.
5. Since the date of the Custody Order the Mother has significantly changed
her work schedule and now only works Monday's and Friday's and Is home caring for
another child during the day on Tuesdays, Wednesdays and Thursday's, thus making
her available to spend significantly more time with her son on Tuesdays, Wednesdays
and Thursdays.
6. Since the date of the Custody Order the Father has become employed as
a full-time Sliver Spring Township Pollee Officer who works on alternating and rotating
shifts on alternating and rotating weekends,
7. The best Interest of the child will be served by modifying the current Order
to allow the Mother to spend time with the child on Tuesdays, Wednesdays, and
Thursdays as opposed to the child being In daycare and also to allow the child to spend
lime with the Mother on weekends that the Father is working,
,
I
ROBERT TODD LINDSAY,
PLAINTIFF
V,
LORI E, JONES,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-4699 CIVIL TERM
IN RE: CUSTOQY
ORDER OF eOURl:
AND NOW, this ~ day of January, 1999, IT IS ORDERED:
(1) The custody orders of January 12, 199B and November 19, 1998, ere
vacated and replaced with this order.
(2) Lorl E. Jones and Robert Todd Lindsay shall have shared legal custody of
Collin i. Lindsay, born April 7, 1997.
(3) Lorl E. Jones and Robert Todd Lindsay shall have shared physical custody
of Collin on alternate weeks with the transfer being on Thursday afternoons at a time
and place set by the parties for their convenience.
(4) The parties shall start the alternate week schedule as of Thursday, January
21, 1999, consistent with the father's alternate week every fourth week falling on the
weekend that he Is off work from Frlday through Monday.
(5) The follOwing holiday schedule shall supersede the regular schedule:
A. Chrlstmas: The Christmas holiday shall be divided Into Segment A,
which shall begin on Christmas Eve at 12:00 noon and end on
Chrlstmas Day at 3:00 p.m., and Segment B, which shall begin on
Chrlstmas Day at 3:00 p.m. and end on December 26 at 7:00 p.m. The
Mother shall have Collin during Segment A in even numbered years and
I,
,
,
during Segment B In odd numbered years. The father shall ha'/e Collin
during Segment A In odd numbered years and during Segment B In
even numbered years.
B, Thanksolvl,.,g: The father shall have Collin on Thanksglvfng Day,
from 10:00 a.m, untIl 3:00 p.m. In odd numbered years and from 3:00
p,m, until 8:00 p.m. In even numbered years. The mother shall have
Collin on Thanksgiving Day, from 10:00 a.m. until 3:00 p.m. In even
numbered years and from 3:00 p.m. until 8:00 p.m. In odd numbered
years.
C. Easter: The father shall have Collin on Easter Sunday In even
numbered years from 10:00 a.m. until 3:00 p.m., and In odd numbered
years from 3:00 p.m. until 8:00 p.m. The mother shall have Collin on
Easter Sunday In odd numbered years from 10:00 a.m. until 3:00 p.m.,
and In even numbered years from 3:00 p.m. until 8:00 p.m.
D. Memorial Dav/July 4ttl/Labor Day: The mother shall have Collin
every Memorial Day and the father shall have him every Labor Day at
times to be arranged by them. The parents shall share time with Collin
on July 4th every year, with each party to have a comparable amount of
time to be arranged by them.
E, Mother's Dav/Father's Dav: The mother shall have Collin every
Mother's Day and the father shall have him every Father's Day at times
to be arranged by them.
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IK!lll;;R'l' '1\.1I'l/J LINDSAY I
Pleintiff
Vs,
f 1N 'l'IIE CXJUR'I' 0" ('Q'IMON PLEAS (Jf'
I CUMlJERt.ANtJ L"'OlIN'I'Y, PIi:NNSYLVANlA
I
I NO. 97-4599 CIVlt. TERM
I Clvn AC'l'lON - I.AW
I
I IN CUS'fOPY
t.ORl Ii:. JONI>S,
Petendant
0R0l!:R OF CXXJRT
ANIllQ, this ~ day of (l.?U<.4!!J... ' 1998, upon
consideration of the sttaCheaCustody Concil~t1on R~rt, il: is ordered
and directed as follows I
1. The Father, Robert 'rodd Undsay, and the Mother, t.ori E. Jones,
shall have shared legal custody of Collin Tyler t.indsay, born April 7,
1997. Each party shall have an equal right, to be exercised jointly with
the other. party, to make all major non-emergency decisions affecting the
t;:hild's genet'al well-being including, but not limited to, all decisions
regarding his health, education and religion. Pursuant to the ter;ms of
this parsgraph, each party shall be entitled ~o all records and information
pertaining to the Child inclUding, but not limited to, school and medical
records and information. Either party who has possession of any such
records or information shall be required to share them or copies of them,
with the other party within such reasonable time as to make the records and
information of reasonable use to the other party.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child in
accordance with the following schedule:
A. During January 1998, the Father shall have custody of the
Child for one four-hour period each week.
B. During February 1998, the Father shall have custody of the
Child during alternating woeks, beginning the fj.rst week in
February, for two four-hour periods and during the interim
weeks for one four-hour period.
C. During March 1998, the Father shall have custody of the Child,
during alternating weeks, beginning the first week of March,
for one twenty-four hour period and during the Interim weeks
for one eight-hour period which shall be scheduled during the
dsytin~ on s weekday.
D. Beginning in April 1998 and thereafter on an ongoing basis,
the Father shall have custody of the Child, during
alternating weeks for one forty-eight hour period, beginning
the first week in April, and during the interim weeks for one
oight-hour period which shall be scheduled during the daytime
on A weekdllY.
E. '111& Mother shall Cooperllte wi th thE; Father in schedUling
spec! fie time!! for elCchllnges of custody in coordination with
the Father's work schedule. The Father shall provide as much
advance notice M possible to the Mother of the schedUling of
hie periods of custody under this provi:lion.
4. 1'he parties shall share or alternste havin9 custody of the Child
on holidays as followsl
A.
Christmas f The christmas holidllY shall be divided into
Segment A, which shsll begin on Christmas Eve st 12100 noon
and end on Christmas Day at 3100 p.m., and Segment B, which
shall begin on Christmas Psy st :'100 p.m. and end on December
26 at 7100 p.m. The ~Iother shall have custody of the Child
during Segment A in even nU/nbered years and during Segment B
in odd numbered years. '!'he Father shall have custody of the
Child during Segment A in odd numbered yesrs and during
Segment f3 in even nwnbered years.
B.
Thanksoivingl In every year, the Mother shall have custody of
the ChIld on Thsnksgiving Day from 10100 a.m. until 3100 p.m.
snd the Father shall have custody of the Child from
Thanks9iving Pay at 3100 p.m. until the fOllowing Friday at
3100 p.m.
c.
Easterl The Father shall have custody of the Child on Easter
Sunday in even numbered years from 10:00 a.m. until 3100 p.m.
and en Easter Sunday in odd numbered years from 3100 p.m.
until 8100 p.m. The ~Iother shall have custody of the Child on
Faster Sunday from 10100 a.m. until 3:00 p.m. in odd numberd
years and on Easter Sunday from 3100 p.m. until 8:00 p.m. in
even numbered years.
D. Memorial DeY/Jull:: 4th/t.abor~1 The Mother shall have
custody of the Child every year on ~Iemorial Pay and the Father
shall have custody of the Child every year on t.abor Day at
times to be arranged by mutual agreement of the parties. The
parties shall share having custody of the Child on July 4th in
evoary year, with each party to have a comparable period of
time with the Child, st times to be arranged by agreement of
the parties.
E. Mother's Day/Father's DaYI The Mother shall havl! custody of
the child every yesr on Mother's Day and the Father shall have
custody of the Child every year on Father's Day at time!! to be
arran9ed by mutual agreement of the parties.
F. Child's Birthday: On the Child's birthday in every year, the
parties shall share having custody of the Child with each
party to have a comparable period of time with the Child, at
times to be srranged by agreement of the parties.
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whu wurks fur Ih~ clllIllly liS wdllls II p1l11'lhll~ pllllc~ ufnc~r hils II cUlIslUlllly shllHII!I
sch~dlll~ Sll Ihlll It Is IllIpllsslbl~ fur hlllllll pl'~IIlCI with III1Y C~11111111y wh~1I his uff hUlIl's will
UCCllr, S~ctloll ,I (~) uf Ih~ COllrt's Jllllullry 12, IlJlJK Ord~1' which 1I1~1II0rhlli1.~lllh~ pIl11i~s'
1I!11WIIWIII IlIdkUl~d Ilml the "'lth~r will provld~ liS IlIlICh II"VIIIIC~ 1I0tlcl' liS possihll' lolh~
1II0th~I' of Ihl' sch~dlllill!l uf his p~rlods uf cllslody IIl1d~r the provlsillll IIl1d IhUl the 1I111lh~r
shllll co\)P~rull' with Ih~ flllh~r ill sch~dlllill!l sp~dlk Ihlll'S for ~Xdlllll!ll'S of clIstody III
clllmlilllltlllll with Ihl' flllhds work sch~dllk AI Ihl' illilllll COlldliUllolI COllfl'r~lIc~, II WIIS
r~prl'sl'lIl...d by Ih~ flllh...r thlll h~ WIIS IIbl~ looblllill wrltl~1I work sch~dlll~s 0111' (I) 1II01llh III
IIdvIIIIC~. II WIIS IIntidplll~d thaI Ih~s~ work sch~dlll~s wOllld b~ forwllrdl'd 10 Ilw IlIlllhl'r so
thut both purti~s cOllld d...vis~ th~ flllhds clIstody IIIII~ bus~d IIpOIl his uvullubllity III work.
UllforlUllutcly, th~ pructlcl' of th~ purtl~s d~vlut...d slgllitlculllly fmlll the illl~ntiolls ~xprl'ss~d
III th... COlldliatloll COnrl'r~IIC"', The futh~r lI...wr prodllc~d writt~1I wllrk sch~dul~s IIl1d
d...vclop...d u hllbllof t...avlllg lell'pholll' lII~ssagl'S Sllllll'tillll'S with 11011101'1.' thllll illerI.' dllY's
1I0tkl' of his illll'ntioll to l'xl'rdse clIstody, Thl'rl' w~re lillll'S Ihat Ilw futh~r l'lC~rds~d clIstody
ill whkh hI.' was aClually workillg ulld Ihl'rl'by, deprived the child of tillle wllh both lIlothl'r
ulld fill her. The parti...s hllve l'ncoulIll,'red illcreasillg difficultil's ill dl'vislng u sch...dull' dll... 10
th... fllct that th... lIlother has ...xpr",ssl'd h...r cOlltillU...d fruslratioll with r",cl'ivillg what alllounts
10 d"'lIIunds by Ih... fath...r of when hI.' will se... the child. und Ihl' futhl'r l'xpressing his
frustrution wh...n Ih... 1II0th...r objl'cls 10 certllin spl'citil'd pl'riods of tlllll' dul' to Ihl' fal'l thul
shl' hus u schedull'd activity for the child partkulurly when sh... hus nOI receiwd sufficient .
advanc... notk... of futher's avallubilily.
The child has devdop...d u stuble und specitic mutlne. HI.' Is bdng ruised in a
nurturing hOllle in which he bl'netits nol only from rl'gulur ~ontact wilh the mother. but also
tlw IIIUlh~IJ~ pur~lIt~. HI' I~ ~lIrulI~d IIIU child cure progrulll III which he r~cl'lws CUII~lullt
UllellllullulIlI elll'lclllllelll. The IlIlllhcr'~ wurk ~lhellllle I~ ~luhle UIIII regulur ullllthc chilli hus
UII expeclutlulIUf whcre he will h~ eueh I IIUII Will III the IIuy, OIWllthe strllClllre of hl~ life
currelltly, CullIlI hus thrlwd,
II. WITNESS UST
Lori JOlles, Defl'II11uIII - the child's lIIolher wHlle~tlfy cUllcemlllg hl'r rl!lullullshlp with
Ihl' child Ulld her cuuses for COllCl'm regurdlllg the cur~, ultellllUII ulIII uvuiluhlllty uf tlw
futher,
WUllllu JOIII'S - thl' IIlUtl'rIIul grullllllluthl'r wlllll'~llfy cUllcerlllllg cUllllltllllls III hl'r
hU1II1' uIIII hl'r rl'lutlulIship with Ihl' chilli. Shl' willulslltestify rl'glll'lllllg hl'r uh~l'rvutlolls of
thl' IlItl'rnctlolls hl'tWl'l'1I nlolhl'r ulld chllllulIlI futhl'r uud child us wdlus Ihl' lIifticultll's
lIIuthl'r hus I'lIclJUlIll'rl'd ill dl'ullllg with thl' futhl'r ulld his schcdull'.
Lurry JOIII'S - IIHIlI'OIUI grulldfillhl'r willll'stlfy rl'gurdlllg his obsl'rvutiolls of IlIIl'ructloll
bl'twl'l'lIl11othl'r ulld child us wl!llus thl' dlsl'llptlvc hl'havior of thl' futhl'r,
Juckll' RYllunl - the child's buby siltl'r and day "11'1' provider will tl'stify rl'gunting her
I'xpl'ril'lIces with thl' child as wl'llus hl'r ohsl'rvutlons of Illothl'r-child illll'ruclioll.
Troy Wlsl'r - Oftiel'r Wisl'r is awurl' of Ihl' rigors of Ihl' father's work schl'dull' ulld is
ulso uwurl' of Ineldl'lIlS thut huw occurrl'd b1'1W1'1'1I tlw fathl'r alld Illothl'r,
111. REl.lEF SOUGHT
Dl'felldulII, Lori JllIll'S, sl'l'ks all Onll'r contirlllillg Ihe I'xiSllllg custody urrullgl'lIIl'lII,
Ll'gal custody would conlillUI' 10 bl' shurl'd hetwel'lI Ihl' pllrtil's. UllliI thl' fmhl'r cuu develop
u 11I01'1' rl'gulllr work schcdull', It will bl' IlIIportlllll to take udvalltllgc of his tlllll' off sOlhut he
cun IlIuxlllllzl' his l'xposurl' to thl' child. Thl' child hus thriwd ill his cum~1II rl'gulllr,
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(;.: "AN 1 2 1998
~
.
ROBERT TODD t.lNDSAY,
Plaintiff
IN THE COURT OF C<1>lMON Pt.EAS OF
CUMBERt.AND COUNTY, PENNSYt.VANIA
VIS.
I
I
I
I NO. 97-4599 CIVIt. TERM
f CIVIt. ACTION ~ t.AW
I
I
IN CUSTODY
LORI E. JONES,
Defendant
000l'lR or CXX1RT
AND tOt, this .-J L day of ~{ ~ I 1998, upon
consideration of the attached CUstody conciliatIon Re\:>ort, il: is ordered
Bnd directed as follows:
1. The FlIther, Robert Todd Lindsay, and the Mother, Lori E. ,Tones,
shall have shared legal custody of Collin Tyler t.indsay, born April 7,
1997. Each party shall have an equal right, to be exercised jointly wi th
the other party, to make all major non-emergency decisions affecting the
Child's general well-being inclUding, but not limited to, all decisions
regarding his health, education and religion. Pursuant to the terms of
this paragraph, each party shall be entitled to all records and information
pertaining to the Child inclUding, but not limited to, school and medical
records and information. Either party who has possession of any such
records or inforrration shall be required to share them or copies of them,
with the other party within such reasonable time as to make the records and
information of reasonable use to the other party.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child in
accordance with the fOllowing schedule:
A. During January 1998, the Father shall have custody of the
Child for one four-hour period each week.
B. During February 1998, the Father shall have custody of the
Child during alternating weeks, beginning the first week in
February, for two four-hour per.iods and during the interim
weeks for one four-hour period.
C. During March 1998, the Father shall have custody of the Child,
during alternating weeks, beginning the first week of March,
for one twent~'~four hour period and during the interim weeks
for one eight-hour period which shall be acheduled during the
daytime on a weekday.
D. Beginning in April 1998 and thereafter on an ongoing basis,
the Fsther shall have custody of the Child, during
alternating weeks for one forty-eight hour period, beginning
the first week in April, and during the interim weeks for one
eight-hour period which shall be scheduled during the daytime
on a weekday.
11:. The Mother shall cooparate with the Father in scheduling
specific times for exchanges of custody in coordination with
the Father's work schedule. The Father shall provide as much
advance notice all possible to the Mother of the schedulill9 of
his periods of custody under this provision.
4. The parties shall share or alternllte having custody of the child
on holidays as follows I
A.
Christmas I The Christmas holiday shall be divided into
segment A, which shall begin on Christmas Eve at 12:00 noon
and end on Christmas Day at 3100 p.m., and Segment B, which
shall begin 011 Christ.mas Day at 3100 p.m. and end on December
26 at 7100 p.m. The Mother shall have custody of the child
during Segment A in even nurnbElred years and dur.ing segment B
in odd numbered years. The Father shall have custody of the
Child during Segment A in odd numbered years and dlJring
Segment B in even numbered years.
B.
ThanksJiving: In every year, the Mother shall have custody of
the ch Id on Thanksgiving Day fr:om 10:00 a.m. until 3:00 p.m.
and the Father shall have custody of the child fr:OIn
Thanksgiving Day at 3:00 p.m. until the following Friday at
3:00 p.m.
C.
Easter: The Father shall have custody of the Child on Easter
sunday in even numbered years from 10:00 a.m. until 3:00 p.m.
and on Easter Sunday in odd numbered years from 3:00 p.m.
until 8100 p.m. The Mother: shall have custod}o of the Child on
Easter Sunday from 10:00 a.m. until 3:00 p.m. in odd numberd
years and on Easter sunday from 3:00 p.m. until 8:00 p.m. in
even numbered years.
D.
Memorial Day/July 4th/Labor Day: The Mother shall have
custody of the Child every year on Memorial Day and the Father
shall have custody of the Child every year on Labor Day lit
times to be arranged by mutual agreement of the parties. The
parties shall share having custody of the Child on July 4th in
every year, wi th each party to have a comparable period of
time with the Child, at times to be arranged by agreement of
the parties.
Mother's Day/Father's~: The Mother shall have custody of
the Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father I s Day at times to be
arranged by mutual agreement of the parties.
E.
F.
Child' s Birth~: On the Child's birthday in every year, the
par:ties shall share having custody of the Child with each
party to have a comparable period of time with the Child, at
times to be arranged by agreement of the parties.
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IN TIll CXlUR'l' at ~ PLIIAB CI
CDIB!RLAND 00Wl'lr, pHBYt,VAHlA
t<<:l. 97-4599 CIVIL '1'IIUl
Ch'IL ACTIOO - LAW
CXIS'lQ)Y
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39 Weal Main Street
Meehanleabllfl. PA 17055
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ROflER1' 1WD t.lNPSAY I I IN TH~ O::UR'l' OF CXA"lI>lOO PLEAS OF
Plaintiff I CUMflERt.AND COUNTY, PENNSYLVANIA
I
Vs. I NO. 97-4599 CIVIt. T~RM
I CIVIL AC1'ION - LAW
t.ORI ~. CIIl'.5'1'NlJ'r, I
Defendant I
I CUS'fODY
PRIM JUIXlBI Edgar B. Bayley
aJSlmY aJ<<:ILIA'l'I~ BlJIIIlARr RBPCRl'
IN AaXJlJlMCB wrm aJIIBl!RLAND cxunY RIlLB 011' CIVIL Pl")....._
1915.3-8, the undersigned CUstody Conciliator submits the fOllowi/llJ reportl
1. 'ltIe pertinent information concerning the a,ild who is the subject
of this litigation is as followSI
~
Collin T. t.indsay
DA'l'B 011' BIRTH
April 7, 1997
a.JIWIlTLY IN ammY-2!
Mother/Father
2. A Conciliation Conference was held on May 16, 2001, with the
following individuals in attendance I The Father, Robert Todd Lindsay, l:he
Mother, Lori E. Chestnut and the Mother's counsel, Ron A. 'l'Uro, Esquire.
The Father's counsel, Mark D. Schwartz, Esquire, did not attend the
Conference at the Father's direction.
3. 'ltIis Court previously entered an Order on January 19, 1999, under
which the psrties had shared physical custody of the Child on an
alternating weekly schedule. Subsequently, a conciliation Conference was
held on Noverrber 21, 2000 during which the psrties agreed to adjust the
week on/week of! custody schedule during the periods when the Father waa
working the second shift so that the Father would have custody during all
days when he was not working and the Mother would have custody during days
when the Father was working. The parties agreed at the Nov41mber 2000
Ca1ference that an additional Order was not necessary at that time pending
the parties' attempt to work out the details of the modified custody
schedule on a trial basis.
4. The May 16, 2001 Conference was scheduled at the Mother's request
as the Mother's employment had changed and the Father had changed his mind
after the Noverrber Conference and the trial arrangements to which the
parties had sgreed were never put into effect.
5. There was little opportunity to conduct a productive Conciliation
Conference on May 16, as the Father did not bring his counsel and stated
from the beginning that he would not agree to any change to the existing
week on/week off custody arrangement. As the parties were not able to
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ROBERT TODD LINDSAY,
RESPONDENT
V,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
LORI E, CHESTNUT,
PETITIONER
: 97-4599 CIVIL TERM
ORDER OF COURT
AND NOW, this ,Lb"\...
day of November, 2001, pursuant to an
opinion filed on September 27, 2001, IT IS ORDERED:
(1) The Interim order entered on September 27,2001, IS VACATED, and
replaced with this order,
(2) During the father's alternate weeks of shared custody of Collin, when he Is
working on a Saturday or Sunday, Collin shall be with his mother:
(a) When father Is working the 6:00 a,m, through 2:00 p.m. shift on a
Saturday and Sunday, the mother shall pick up Collin on Saturday at 8:30 a.m.,
and the father shall pick him up at 2:30 p,m, on Sunday;
(b) When the father Is working the 2:00 p,m, through 10:00 p,m, shift on a
Saturday and Sunday, the mother shall pick up Collin on Saturday at 12:30 p,m.,
and the father shall pick him up at 9:00 a,m. on Monday,'
(3) Collin shall be with his father for those periods, which occur every three
weeks, when the father has four consecutive days off, The father shall pick up Collin at
9:00 a.m. on Saturday, and mother shall pick him up at 7:30 p,m. on Tuesday,
I No exchange shall occur on the Saturday and Sunday when the father Is
working the 10:00 p,m. through 6:00 a,m, shift.
97-4599 CIVIL TERM
and both of their work schedules have chanlled substanllally. The mother Is now a
school bus driver for the Carlisle School District, every school day from 7:00 a.m. until
9:00 a.m" and 2:00 p,m, to 4:00 p,m, Sho did not work this past summer, In the weeks
during the school year In which the mother has Collin, and Is working, Collin either
accompanies her on her school bus runs, which Is allowed by the school district, or he
Is watched during those work periods by the husband's grandmother. The father Is now
a full-time pollee officer for Sliver Springs Township, His schedule Is soven days on,
two days off, eight days on, and four days off, The four days off always starts on a
Friday. After each period of his four days off, which occurs every three weeks, his
rotating shift changes. His three rotating shifts are 6:00 a,m. to 2:00 p,m., 2:00 p,m. to
10:00 p.m., <lnd 10:00 p,m, to 6:00 a,m, On the alternate weeks when the father has
Collin, his wlfs takes care of the child when he is working. She Is a housewife. Her son
Jacob goes to pre-school on Monday, Wednesday, and Friday from 9:00 a.m, to 3:30
p.m. Collin does not go to pre-school. He and Jacob will be starting kindergarten In the
fall of 2002.
Both parents acknowledge that the other Is a good parent. Collin Is a healthy,
happy child and has adjusted to the week-on week-off custody schedule. The parents
have enough communication to make their shared custody schedule work well for
Collin. The mother flied this petition to modify the custody order of January 19, 1999, to
allow her to have Collin during those periods In the father's weeks of alternate custody
when he Is working. She argues that It would be better for Collin to be with her during
-2-
97-4599 CIVIL TERM
such periods rather than with his stepmother, and for the limited time he would be with
Jacob. The father objects to the modlflcallon, arguing that any benefit to Collin will be
outweighed by the disruption (1) In the roullne of the current schedule that he had
adJusted to, and (2) In his relationships with Jacob and his stepmother, Ironically, In the
prior litigation, the mother sought to limit the father's time with Collin even though during
some of her time, when the father was not working, Collin was with her baby-sliter, In
awarding the parents' shared custody on an alternate week arrangement, we noted,
"the routine that has been established for Collin with the mother's baby-sliter does not
outweigh the benefit to Collin that will come from a more significant and stable
relationship with his father," Now It Is the father who objects to the mother spending
more time with Collin during his periods of alternate week custody when he cannot be
with the child.
We agree with the father that any benefit to Collin being with his mother during
weekdays when she Is working would unduly break the child's routine In the father's
household. Besides, while riding a school bus with his mother might on occasions be
fun for Collin, it is hardly an Ideal situation when the alternative of being well cared for In
the father's stable home is available, We do not view the situation In the summer to be
any different. Jacob and Collin will be together during the summer. Summertime
activities for young children should be varied and fun filled, Since Collin is growing up
In two separate households under a pure shared custody arrangement, that is working
well, keeping the int(3grlty of those households generally outweighs changing Collin's
-3-
97-4699 CIVIL TERM
schedule.
We do feel, however, that there Is a tradeoff to t"e current schedule that would
be In the best Interest of Collin. Collin can be with his mother on those Saturdays and
Sundays when the father Is working, and she Is not, and he can be with his father on
the consecutive four days he has off from work once every three weeks. This gives
both parents even more quality time with Collin under the shared custody arrangement.
Accordingly, the following order Is entered.
INTERIM ORDER OF COURT
AND NOW, this ~ day of September, 2001, the custody order of
January 19, 1999, Is modified In the following respects:
(1) During the father's alternate weeks of shared custody of Collin, when he Is
working on a Saturday or Sunday, Collin shall be with his mother.
(2) Collin shall be with his father for those periods, which occur every three
weeks, when the father has four consecutive days off.
(3) Given the father's work schedule, the parents are In a better position to set
the specific time periods and exchange arrangements to comply with this order of
modification, therefore, we will allow them an opportunity to do so. If they are able to
reach an agreement, an order should be prepared and forwarded to this court, within
ten days, at which time a final order will be entered.
(4) If the parel,ts are unable to reach an agreement, they shall, through counsel,
forward to this court, within ten days, their proposal for complying with this order of
-4-
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ROBERT TODD LINDSAY,
PLAINTIFF
V.
LORI E, JONES,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97.4599 CIVIL TERM
IN RE: CUSTODY
ORDER OF CO UBI
AND NOW, this ~day of January, 1999, IT IS ORDERED:
(1) The custody orders of January 12, 199B and November 19, 199B, are
vacated and replaced with this order.
(2) Lori E. Jones and Robert Todd Lindsay shall have shared legal custody of
Collin T. Lindsay, born April 7, 1997.
(3) Lori E, Jones and Robert Todd Lindsay shall have shared physical custody
of Collin on alternate weeks with the transfer being on Thursday afternoons at a time
and place set by the parties for their convenience.
(4) The parties shall start the alternate we~k schedule as of Thursday, January
21, 1999, consistent with the father's alternate week every fourth week failing on the
weekend that he is off work from Friday through Monday,
(5) The following hOliday schedule shall supersede the regular schedule:
A. Christmas: The Christmas holiday shall be divided into Segment A,
which shall begin on Christmas Eve at 12:00 noon and end on
Christmas Day at 3:00 p.m., and Segment B, which shall begin on
Christmas Day at 3:00 p.m. and end on December 26 at 7:00 p,m. The
Mother shall have Collin during Segment A in even numbered years and
during Segment B In odd numbered years, The father shall have Collin
during Segment A 111 odd numbered years and during Segment B In
even numbered years,
B, IhmlM.gjyjJ]g: The father shall have Collin on Thanksgiving Day,
from 10:00 a.m. until 3:00 p,m. In odd numbered years and from 3:00
p.m, until B:OO p,m, In even numbered years, The mother shall have
Collin on Thanksgiving Day, from 10:00 a,m, until 3:00 p.m, In even
numbered years and from 3:00 p.m, until B:OO p.m. In odd numbered
years.
C. Easter: The father shall have Collin on Easter Sunday In even
numbered years from 10:00 a,m. until 3:00 p,m., and In odd numbered
years from 3:00 p.m. until B:OO p,m. The mother shall have Collin on
Easter Sunday In odd numbered years from 10:00 a.m, until 3:00 p.m.,
and In even numbered years from 3:00 p.m. until B:OO p.m,
D. Memorial Day/July 4th/Labor Day: The mother shall have Collin
every Memorial Day and the father shall have him every Labor Day at
times to be arranged by them, The parents shall share time with Collin
on July 4th every year, with each party to have a comparable amount of
time to be arranged by them,
E. Mother's Dav/Father's Day: The mother shall have Collin every
Mother's Day and the father shall have him every Father's Day at times
to be arranged by them.
ROBERT TODD LINDSAY,
PLAINTIFF
V.
LORI E. JONES,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-4599 CIVIL TERM
IN RE: CUSTODY
OPINION AND ORDER OF COURT
BAYLEY, J., January 19, 1999:..
Robert T. Lindsay, age 26, and Lori E. Jones, age 23, are the parents of Collin
T. Lindsay, age one, born April 7, 1997, The parents did not marry. The father lives
with his parents In their home In Newville, Cumberland County. The mother lives with
her parents In their home In Carlisle, Cumberland County.' The parents met In
February of 1993, A month before Collin was born In April, 1997. they began living
together In an apartment. The mother took six weeks of maternity leave and then
worked part-time at a Dairy Queen, The father took two weeks of paternity leave, On
August 8, 1997, the mother moved Into her parents' home with Collin, A short time
later the father moved Into his parents' home.
Following their separation, the mother allowed the father to see Collin only
Inside her home at limited times. The father testified he found a picture of Collin with
Kevin Wiley, and a paper on which was written "Collin Wiley."2 That prompted him to
1. Also living In the home where the mother lives is her brother who Is a senior
In high school and a sister who Is a sophomore In high school. Another brother who
Is attending Penn State lives in the home during the summer,
2. The mother Is now engaged to be married to Kevin Wiley on September 11,
1999.
97-4599 CIVIL TERM
have a paternity test conducted. The test determined that he 15 Collin's father, Ho
sought custody of Collin and the parties entered Into a stipulated custody order of
January 12, 199B, The order provided that the father and mother have shared legal
custody of Collin, that the mother has primary physical custody, and that the father
has temporary physical custody on the following schedule:
A. During January 199B, the Father shall have custody of the Child
for one four-hour period each week.
B. During February 199B. the Father shall have custody of the Child
during alternating weeks, beginning the first week in February, for
two four-hour periods and during the Interim weeks for one four-
hour period.
C, During March 199B, the Father shall have custody of the Child,
during alternating weeks, beginning the first week of March, for
one twenty-four hour period and during the Interim weeks for one
eight-hour period which shall be scheduled during the day1lme on
a weekday.
D. Beginning In April 199B and thereafter on an ongoing basis, the
Father shall have custody of the Child, during alternating weeks
for one forty-eight hour period, beginning the first week In April,
and during the Interim weeks for one eight-hour period which
shall be scheduled during the day1lme on a weekday.
The order also set a schedule for holidays which has been modified by an order of
November 19, 1998, The father now regularly sees Collin under the provision of
paragraph 3 D of the order of January 12, 199B, during alternating weeks for one
forty-eight hour period and during the Interim weeks for one eight-hour period during
the day1lme on a weekday. The father now seeks an award of shared physical
custody of Collin on an alternate week basis, The mother opposes any change to the
current custody orders. A hearing was conducted on January 14, 1999.
The mother works Monday through Friday from B:30 a.m. to 5:00 p.m. as a
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97-4599 CIVIL TERM
medical assistant for the Physicians for Womens Health Service In Lemoyne,
Cumberland County, The father Is employed full-time by Cumberland County as a
911 dispatcher, He works a 3:00 p.m. to 11 :00 p.m. shift on a four week schedule.
In weeks one and two he has Sunday and Monday off, In week three he has Tuesday
and Wednesday off, and In week four he has Friday and Saturday off. This schedule
provides him four days off In a row every four weeks on Friday and Saturday of week
four and the Sunday and Monday of week one. Tho father also works as a part-time
police officer for the Mid-Cumberland Valley Regional Pollee Department. He has
been averaging about twelve to fifteen hours most weeks working one to two shifts
which are normally at night.
During the week when the mother has Collin she takes him to a sitter In
Carlisle at B:OO a.m. There are three other children that the sliter takes care of In her
home. The sliter, who has been baby-sitting Collin since he was six months old, now
has him three days one week and four days the next week from approximately B:OO
a.m, until 5:20 p.m. The father has Collin on the other weekdays as well as some
weekend days, The father is totally Involved with Collin when he has him, The
father's sister lives near his home and she has children ages 5 and 2 who often play
with Collin when he Is with his father.
The father receives his monthly schedule from Cumberland County about two
weeks before the beginning of the next month. He and the mother then set the days
that he is to have Collin during the next month consistent with the custody order.
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97-4599 CIVIL TERM
Both parents testified that the communication between them to set the schedule has
at times been less than cooperative. The mother believes that the current custody
order provldas the father sufficient time with Collin consistent with his work schedule,
She also believes that Collin 15 well-adJusted to his current routine and that It should
not be disrupted, When asked whether she believed the relationship betwean the
father and his son was Important, she answered "to some extent."
The father testified that he has been frustrated with the mother's unwillingness
to allow him to see more of Collin which he balleves 15 In Collin's best Interest. He
seeks shared physical custody on an alternate week basis. The paternal
grandmother works weekdays from B:OO a.m. until 4:30 p.m. and Is home by 5: 15
p.m, The paternal grandfather works Tuesday through Thursday so he Is homo on
Monday, The paternal great-grandmother, who Is active and In her seventies, lives
about a mile and a half away. The father would try not to work his part-time pollee
job during the weeks he would have Collin, which may be possible. On days that he
Is working his 3:00 p.m. to 11 :00 p.m. shift for Cumberland County, he would take
care of Collin until he went to work, On Mondays the paternal grandfather would take
care of Collin when the father left for work at approximately 2:30 p.m., both paternal
grandparents would do the same on Saturdays and Sundays when he works. On
Tuesdays through Fridays when he works his paternal great-grandmother will take
care of Collin until the paternal grandmother comes home from work.
Collin Is a healthy, happy one-year-old, Both parents love Collin, are fit, and
-4-
97-4599 CIVIL TERM
have much to offer him, Collin has loving maternal and paternal grandparents who
provide stability and support to the mother and father who both stili lack some
maturity. We are satisfied from all of the evidence that Collin Is as comfortable In the
home of his father as he Is In the home of mother,3 The father Is as devoted to Collin
as Is the mother. In a custody procefldlng the paramount concern Is tho welfare and
what Is In the best Interest of the child and all considerations, Including the rights of
the parents, are subordinate to the child's physical, Intellectual, moral, spiritual and
emotional well-being, Plowman v. Plowman, 409 Pa, Super. 143 (1991). In In re
Wesley J.K., 299 Pa. Super. 504 (19B2), the Superior Court of Pennsylvania stated:
The philosophic premise of shared custody Is the awarding to both
parents of responsibility for decisions and care of the child, In the past
non-custodial, conscientious parents have been frustrated by the
second-class status to which the law has assigned them. It was difficult
to develop healthy relationships to a child where their role may have
been limited to a weekend parent whose counsel was not sought In
decisions affecting the child. Shared custody allows both parents [sic)
Input Into maJor decisions In the child's life, (Footnote omllted.)
In Wesley, the Court suggested guidelines for determining when shared custody Is
appropriate. Both parents must be fit and capable of making mature child-rearing
decisions, and must be willing to provide care and love for their child, Both must
express a desire for continued active Involvement in the child's life. The child must
recognize both parents as sources of love and security, A minimal degree of
cooperation between the parents Is necessary, although this feature does not
3. Both parents expressed what Is a universal complaint by parents in a
custody case that Collin Is agitated when he returns from being with the other parent.
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97-4699 CIVIL TERM
translate Into a requirement that the parents have an amicable relationship. All of
these elements are present In the case !nIb~, The routine that has been
established for Collin with the mother's baby-sitter does not outweigh the benefit to
Collin that will come from a more significant and stable relationship with his father.
An alternate week shared custody arrangement will also remove the difficulty the
parties have experienced In scheduling the father's time with Collin. We will enter a
shared alternate week custody award with the holiday schedule that the parties
agreed to In the prior orders.
QRDER OF COURT
AND NOW, this Iq ~ day of January, 1999, IT IS ORDERED:
(1) The custody orders of January 12, 199B and November 19, 1998, are
vacated and replaced with this order,
(2) Lori E. Jones and Robert Todd Lindsay shall have shared legal custody of
Collin T, Lindsay, born April 7, 1997,
(3) Lori E, Jones and Robert Todd Lindsay shall have shared physical custody
of Collin on alternate weeks with the transfer being on Thursday afternoons at a time
and place set by the parties for their convenience.
(4) The parties shall start the alternate week schedule as of Thursday, January
21, 1999, consistent with the father's alternate week every fourth week failing on the
weekend that he Is off work from Friday through Monday,
(5) The following holiday schedule shall supersede the regular schedule:
-6.
97-4599 CIVIL TERM
A, phrlstmos: The Christmas holiday shall be divided Into Segment A,
which shall begin on Christmas Eve at 12:00 noon and end on
Christmas Day at 3:00 p.m" and Segment B, which shall begin on
Christmas Day at 3:00 p,m. and end on December 26 at 7:00 p,m, The
Mother shall have Collin during Segment A In even numbered years and
during Segment B In odd numbered years. The father shall have Collin
during Segment A In odd numbered years and during Segment B In
even numbered years,
B. Thanksolving: The father shall have Collin on Thanksgiving Day,
from 10:00 a,m, until 3:00 p.m, In odd numbered years and from 3:00
p,m. until B:OO p.m, In even numbered years. The mother shall have
Collin on Thanksgiving Day, from 10:00 a.m, until 3:00 p.m, In even
numbered years and from 3:00 p,m. until B:OO p,m, In odd numbered
years.
C. Easter: The father shall have Collin on Easter Sunday In even
numbered years from 10:00 a,m. until 3:00 p.m., and In odd numbered
years from 3:00 p.m. until 8:00 p.m, The mother shall have Collin on
Easter Sunday In odd numbered years from 10:00 a.m. until 3:00 p.m"
and in even numbered years from 3:00 p.m. until 8:00 p,m.
D. Memorial Dav/July 4thLLabor Day: The mother shall have Collin
every Memorial Day and the father shall have him every Labor Day at
.7-
ROBERT TODD LINDSAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
,
,
: NO. 97-4599
CIVIL TERM
LORI E. CHESTNUT,
Defendant
.
,
: CIVIL ACTION - CUSTODY
I
AND NOW, this ,~ day of "Ii \~d ' 2002, upon receipt and I
review of tha Petition for hearing, a hearing Is scheduled on the ..1'f(Jc day of \
, 2002 at .\ J) U -j2.,m. In Courtroom No, 2 of the Cumberland I
urthouse, Carlisle, Pennsylvania.
ORDER OF COURT
BY THE COURT" /)
(JI~
Edgar B, Bayley
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