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HomeMy WebLinkAbout03-3287 Melissa S. Homer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW CUSTODY Todd L. Chestnut, Defendant NO. ill.~ 3.). fit COMPLAINT FOR CUSTODY I.) The plaintiff is Melissa S. Homer, residing at 102 Sheaffer Road, Carlisle, PA 17013. 2.) The defendant is Todd L. Chestnut residing at 50 Eberly Road, Newville, P A 17421. 3.) Plaintiff seeks custody of the following child: Garrett Todd Chestnut, age 5 years Resides at both 102 Sheaffer Road, Carlisle and 50 Eberly Road, Newville The child was born out of wedlock. The child is presently in the custody of both parents. Parents have had joint and shared custody of child for approximately the last 2 years. During the past five years, the child has resided with the following persons and at the following addresses: Melissa S. Homer 50 Eberly Road, Newville, PA 349 N. College Street, Carlisle, PA 234 Marion Avenue, Carlisle, P A 102 Sheaffer Road, Carlisle, P A Todd L. Chestnut 50 Eberly Road, Newville, PA Toni O'Donnell Shane O'Donnell Cory O'Donnell 50 Eberly Road, Newville, PA 50 Eberly Road, Newville, PA 50 Eberly Road, Newville, P A Jessica Lay April 1998 - May 200 I May 200 I - April 2002 April 2002 - May 2003 May 2003 - Present April 1998 - Present May 2001 - May 2002 May 2001 - May 2002 May 2001 - May 2002 50 Eberly Road, Newville, P A May 2002 - Present (baby-sitter who stays with child while father is at work) Daniel L. Zeigler 234 Marion Avenue, Carlisle, P A 102 Sheaffer Road, Carlisle, P A April 2002 - May 2003 May 2003 - Present The mother of the child is Melissa S. Homer, currently residing at 102 Sheaffer Road, Carlisle, P A 17013. She is single. The father of the child is Todd L. Chestnut, currently residing at 50 Eberly Road, Newville, P A 17241. He is single. 4.) The relationship of the plaintiff to the child is that of his mother. The plaintiff currently resides with the following persons: Daniel L. Zeigler mother's Fiance 5.) The relationship of the defendant to the child is that of his father. 6.) Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth of any other state. Plaintiff 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 child. 7.) Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. Wherefore, plaintiff requests the court to grant custody of the child. I verify that the statements made in this Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~gf" Melissa S. Homer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW CUSTODY Todd 1. Chestnut, Defendant NO. o.:f"' 3.;.. 5>7 CUSTODY AGREEMENT THIS AGREEMENT, made this I~ day of July, 2003, between plaintiff, Melissa S. Homer, (hereinafter "mother") and defendant, Todd 1. Chestnut, (hereinafter "father) concerns the custody of the child, Garrett T. Chestnut, (hereinafter "child"), born April 7, 1998. Mother and father desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court. Mother and father agree to the following: I.) Mother is an adult individual residing at 102 Sheaffer Road, Carlisle, Pennsylvania, 17013. 2.) Father is an adult individual residing at 50 Eberly Road, Newville, Pennsylvania, 17241. 3.) The mother shall have primary custody the child. 4.) The father shall have partial custody of the child. 5.) The child shall reside with the mother during the school year, with the father having visitation every other weekend. The father shall also have visitation with the child on one weeknight of the weeks that the child will be in his custody for the weekend. The father shall also have visitation of the child two weeknights of the weeks that the child will be in the mother's custody for the weekend. 6.) The child shall reside with the father during the summer, when the child is not is school, with the mother having the same visitation schedule as the father has during the school year. The child shall return to the mother's household at least one week before the start of the new school year. 6a.) When the child is in custody of the other parent, the non-custodial parent shall be entitled to reasonable telephone access with the child. 7.) Both mother and father shall have two weeks, consecutive or non-consecutive, of vacation with the child during the year with at least two weeks prior notice to be given to the other parent. 8.) The parties shall alternate yearly with one parent to have custody of the child on the child's birthday and the other parent to have custody on the day before or the day after the child's birthday. 9.) The parties shall have the option to have custody of the child on the parent's birthday without having to make up the time. 10.) The mother shall always have to option to have custody of the child on Mother's Day and the father shall always have the option have custody of the child on Father's Day. II.) The mother shall have custody of the child on the Thanksgiving holidays on the odd years, beginning with this year, 2003. 12.) The father shall have custody of the child on Christmas Eve in order to participate in the father's family gathering. The mother shall have custody of the child on Christmas Day, starting at 8:00 a.m. in order to participate in the mother's family gathering. 13.) The parties shall be free to vary from the Court Order schedule upon mutual agreement by both parties. 14.) The parties shall keep one another advised of their current address and telephone number. 15.) The father and mother will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies, which arise while the child is in that parent's care. 16.) Neither party will take the child out of state without notifYing the other parent prior to the trip. 17.) Neither party, nor any member of their household, will do anything which may estrange the child from the other parent, or injure the opinions 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. 18.) The parties intend to be legally bound by the terms of this agreement and agree that it shall be made an Order of Court. 'u7r1JJ~~ ~,Ii ~~:;.f~mer, PI,;/!!: ~~foill,"' ~ ~ (\ ~ - 'l;l\ u "- A - ...l) ..I ~ ..(\ ~ \J, - 0 ()I (") c. ?}i~ S;I~ ~..:- ::;J , '-j <::' '~.,~ - r' .-"~' -oj t JUl 1 4 2003 r Melissa S. Homer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW CUSTODY Todd L. Chestnut, Defendant NO. 03 - 3 ..<.. ~ 7 ORDER OF COURT AND NOW, this I (, r-. day of ~ ,2003, upon presentation of the foregoing Agreement, said Agreement is hereby approved and entered as an Order of Court. J. Melissa S. Homer, Plaintiff Todd L. Chestnut, Defendant ~ .~ 1- II, ,63 c+- . ViN\iA1ASNN3d ) "\"-~.-. ". ""I'-"-'^In" '_d _'I '~,1 ';:',~~ ',':_-'k1~ l v ." "1" I 9 J 'j"n!' "0 UI. :(, Lo I c.. 'I~il"', ',. ;~; JO 1\:..1', t,_,; ",.d 1.1..\..-'(:,," _~: '... .:J 30i:J:'O-o:rI!::J Melissa S, (Homer) Zeigler, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW CUSTODY Todd L. Chestnut, Defendant NO. 03-3287 CIVIL TERM PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER I. The petition of Melissa S. (Homer) Zeigler respectfully represents that on July 16th, 2003 an Order of court was entered for a Custody Agreement, a true and correct copy of which is attached. 2. This Order should be modified because: a. It is in the best interest of the child. b. When original agreement was signed, child had full time day care with a live-in provider. c. Child no longer has full time day care during summers while living with Defendant, as originally agreed upon, 3. Petitioner requests legal, full custody of child, with visitation with Defendant on weekends. WHEREFORE, Petitioner requests that the Court modify the existing Order for the Custody Agreement because it will be in the best interest of the child. April 7, 2006 , L~~l;)~J:'~(~~:~ cti:~'F~- I I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, S 4904 relating to unsworn falsification to authorities. April 7, 2006 /1 ' , ' ) //.7 /' "i" /. ' l LLl-JJ{\ .) :(iICWt~ Meli sa S. (Homer) Zeigler, Pel1tioner c ., .... JUl 1 4 2003 r Melissa S, Homer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA, v, CIVIL ACTION - LAW CUSTODY Todd L. Chestnut, Defendant NO. 03- 3..<.. '87 ORDER OF COURT AND NOW, this I (,. r-. day of ~ ,2003, upon presentation of the foregoing Agreement, said Agreement is hereby approved and entered as an Order of Court, J, Melissa S, Homer, Plaintiff Todd L. Chestnut, Defendant ~ w~ '7~ /(., .631'RUE COPY FROM RECORD (/) '" T eetlP\OIly wlleroo1, I here unto lid "" lw.o ~ ~ IWl of said Coo ~ ~ ... J , ,~ Melissa S, Homer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA, v, CIVIL ACTION - LAW CUSTODY Todd L. Chestnut, Defendant NO, O~/ "3;;..e7 CUSTODY AGREEMENT THIS AGREEMENT, made this IO~ day of July, 2003, between plaintiff, Melissa S. Homer, (hereinafter "mother") and defendant, Todd L. Chestnut, (hereinafter "father) concerns the custody of the child, Garrett T. Chestnut, (hereinafter "child"), born April 7, 1998. Mother and father desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court. Mother and father agree to the following: I.) Mother is an adult individual residing at 102 Sheaffer Road, Carlisle, Pennsylvania, 17013, 2.) Father is an adult individual residing at 50 Eberly Road, Newville, Pennsylvania, 17241, 3.) The mother shall have primary custody the child, 4,) The father shall have partial custody of the child. 5.) The child shall reside with the mother during the school year, with the father having visitation every other weekend. The father shall also have visitation with the child on one weeknight of the weeks that the child will be in his custody for the weekend. The father shall also have visitation of the child two weeknights of the weeks that the child will be in the mother's custody for the weekend. 6,) The child shall reside with the father during the summer, when the child is not is school, with the mother having the same visitation schedule as the father has during the school year. The child shall return to the mother's household at least one week before the start of the new school year. 6a,) When the child is in custody of the other parent, the non-custodial parent shall be entitled to reasonable telephone access with the child. 7,) Both mother and father shall have two weeks, consecutive or non-consecutive, of vacation with the child during the year with at least two weeks prior notice to be given to the other parent. 8,) The parties shall alternate yearly with one parent to have custody of the child on the child's birthday and the other parent to have custody on the day before or the day after the child's birthday, 9,) The parties shall have the option to have custody of the child on the parent's birthday without having to make up the time. 10,) The mother shall always have to option to have custody of the child on Mother's Day and the father shall always have the option have custody of the child on Father's Day. II.) The mother shall have custody of the child on the Thanksgiving holidays on the odd years, beginning with this year, 2003. 12,) The father shall have custody of the child on Christmas Eve in order to participate in the father's family gathering. The mother shall have custody of the child on Christmas Day, starting at 8:00 a.m. in order to participate in the mother's family gathering. 13,) The parties shall be free to vary from the Court Order schedule upon mutual agreement by both parties, 14.) The parties shall keep one another advised of their current address and telephone number, 15.) The father and mother will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies, which arise while the child is in that parent's care, 16.) Neither party will take the child out of state without notifying the other parent prior to the trip, 17.) Neither party, nor any member of their household, will do anything which may estrange the child from the other parent, or injure the opinions 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. 18.) The parties intend to be legally bound by the terms of this agreement and agree that it shall be made an Order of Court. ~ / \~' \ c. ) IJJl{:J1tl "-- I. cllJL Me~ssa S, Homer, Plaintiff ~/;:!~~ ~ L. Chestnut, Defendant ~ {~., "".) 7J ' , , c:> " c : ~ ~n 1- ~'~ ::3 \:) ("",1 - \) I ~ _J CY , ~ -'fl V) fE! -" ...r::: ., ,.' ::.. ----...a 0 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA MELISSA S, (HORNER) ZEIGLER v. 03-3287 CIVIL ACTION LA W TODD L. CHESTNUT DEFENDANT IN CUSTODY ORDER OF cOllIn AND NOW, Wednesday, April 12, 2006 , upon consideration of Ihe attached Complaint, it is hereby directed that pariies and their respective counsel appear before Hubert X. Gilroy, Esq, at_!tl1l'lo"..:,Cumberland County Courthouse, Carlisle on Friday, May 19, 2006 , the conciliator, at 8:30 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 deline and narrow the issues to bc heard by the court, and to enter into a temporary ordcr. All children age live or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or pennanent 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: _fsf Hubert X. Gilrov. Es.<f..----i-JI'{"-_ Custody Conciliator V 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 baving business before the court, please contact our oflice, 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 A HORNEY AT ONCl', IF YOU DO NOT HA VE AN A HORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberlaod County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249.3 166 _ ~ L;X' ';I- '>?:>' )'?1?r 4~ , ", '7 ~'Q'>H ??-JV,Y-, .. ~~ F"'// -T- ' )jr/ ~ /f!'1Ptf ~ - r~ ;'-'7 ,,",,' O'Z. :,-' ",.,;' %7 . ;J{'/? ~JIJ' iJt" I' 'Iv ,7C' /1 ,J \ RECEIVED :.jh{ 2 ~ ZU6~ ( MELISSA S. (HORNER) ZEIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 03-3287 CIVIL ACTION - LAW TODD L. CHESTNUT, Defendant IN CUSTODY COURT ORDER ~ AND NOW, this , G. day of May, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of July 10,2003 is ratified and affirmed subject to the following modification: 1. During the time the Father has the minor child in his custody in the summer months pursuant to Paragraph 6 of the prior Custody Order, Father shall ensure that he will have day care or some other type of adult supervision of the minor child during the day. More specifically, the Father will not allow the child to be unsupervised at the Father's farming operations durin.l!i!..e summer months. .--:::: -~-- -. ;...---~_.~ p V 7 B THE COURT, _:--- Cc: ~. Melissa S. Zeigler \ ~. Todd L. Chestnut "" " Ii \;1:\] v'/\1A;)f'~;\)3d )\J~liY'( T,'~"~jt1nO 02 :01 HV 92 A\JH900l A' 1\-11.\",1"'\1 i' c'i ' t --HI :10 tj v, L,'l \~\.jrdJ.JdO :j 381::HO-G3lH J \ MELISSA S. (HORNER) ZEIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 03-3287 CIVIL ACTION - LAW TODD L. CHESTNUT, Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF 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: Garrett T. Chestnut, born April 7, 1998 2. A Conciliation Conference was held on May 19, 2006 with the following individuals in attendance: The Mother, Melissa S. Ziegler, who appeared without counsel The Father, Todd L. Chestnut, who appeared without counsel 3. The parties agreed to the entry of an Order in the form as attached. Date: May 2.L, 2006