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Home My WebLink About07-4429JENNIFER L. CHESTNUT, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2007 - ~yz 4 CNIL TERM JOHN D. CHESTNUT, :CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Jennifer L. Chestnut, an adult individual who currently resides at 807 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is John D. Chestnut, an adult individual who currently resides at 800 Doubling Gap Road, Newville, Cumberland County, Fennsylvania, 17241. 3. Plaintiff seeks primary custody the Parties' son, John A. Chestnut, who currently resides with Plaintiff at 807 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, 17241. John A. Chestnut was born on February 10, 1993 and is fourteen (14) years of age. The child was not born out of wedlock. The child is presently in the custody of Plaintiff who resides at the Parties' marital residence as described in paragraph one (1). During the past five (5) yeazs, the child has resided at all times with Plaintiff and Defendant in the marital residence. Plaintiff filed for divorce from Defendant on July 5, 2007. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently lives alone with the Parties' son. 5. The relationship of Defendant to the child is that of father. The Defendant currently lives with his parents, Wilbur and Shirley Chestnut. 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 or any other State. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff, the child's mother, has been the child's primary caretaker for all of the child's Life; and b. Defendant, the child's father, works long hours at his businesses and has not, in the past, made time to spend with the child. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff shared legal custody and primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Robert J. Da' ey squire I.D. 203418 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff JENNIFER L. CHESTNUT, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007 - CIVIL TERM JOHN D. CHESTNUT, :CIVIL ACTION -LAW Defendant IN CUSTODY VERIFICATION I, Jennifer L. Chestnut, verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. i er L. Chestnut Date: ~J`~ of July, 2007 ~~ ~ ~~ `^~` tl ~1 d n l C? r- :, r_ ~. _ :i ,_, t._ N c~ 3 -~ -r~ ..~ ~~~ ~. _- >. ,~;~ °_.7 JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Carol J. Lindsay, Esquire, accept service of the Custody Complaint. I certify that as counsel for the Defendant, I am authorized to accept service on his behalf. Date: ~ ~ Carol J. m'7say, 26 West i~h Street Cai'ksk~ Pennsylvania 17013 Phone: (717) 243-6222 Fax: (717) 243-6486 Attorney for Defendant '~ ~. ~._~. 4' ,. ~ ~/ ~~ , Y .~ ~~~~ JENNIFER L. CHESTNUT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN D. CHESTNUT DF.,FF,NDANT 07-4429 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, August 02, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at__ 4th Floor, Cumberland_County Courthouse, Carlisle on _ ____Monday, August 13, 2007 at 11:30 AM for aPre-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. All children ale five or older may also be present at the conference. 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 Kelief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. Es . 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 TC) OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI-IERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 pry acv ~ '~ ~~~;~ ~J c p. ~ ~ „f } ,- f ' CJ~ `a~ 6^^~OP tr' J~~ ~UU4 ~t~'1Gk~t~~f-~.~G`~a 3H1 ~~ ~~i~7~--Q~ll~ MAR 0 6 2008 ~ JENNIFER L. CHESTNUT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-4429 CIVIL ACTION LAW JOHN D. CHESTNUT, 1N CUSTODY Defendant ORDER OF COURT AND NOW this ~~ day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the l`~ day of 2008 at = ,~ ~ in Courtroom number ~_ in the Cumberland County Court o Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of wiffiesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. Legal Custody: The Father, John D. Chestnut, and the Mother, Jennifer L. Chestnut, shall have shared legal custody of John A. Chestnut, born 2/10/1993. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other pazent. To the extent one pazent has possession of any such retards 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. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows on a two week rotating schedule: a. In week one, Father shall have physical custody of the Child from Tuesday after school until Wednesday morning and then from Friday after school until Monday morning. b. In week two, Father shall have physical custody of the Child from Tuesday after school until Thursday morning. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The Mother and Father shall share transportation as agreed upon for the custody exchanges. The exchange times shall be pursuant to the Child's school's startlend times. I 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. ~`~ a 6. Holidays and Birthdays: The pazents shall determine Holidays and Birthdays as mutually agreed upon. In the absence of agreement, the parties shall arrange a holiday schedule as attached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other parry, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to dispazage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. Relocation: The parties are litigating this custody action based upon the parties' residences in Cumberland County, Pennsylvania. If either party intends to establish residency outside of Cumberland County, Pennsylvania, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties aze unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 11. Counsel for the parties aze directed and allowed to request this matter to be removed from the scheduled hearing date and re-scheduled before the assigned Conciliator. istribution: ~obert Dailey, Esquire ~'of Lindsay, Esquire /John J. Mangan, Esquire By the Court, HOLIDAYS AND SPECIAL DAYS TIlVIES EVEN YES ODD ~~ Easter Da 13 Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Inde endence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving is Half From 8 am Thanksgiving Day to 2 m on Thanks ivin Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the da after Thanks ivin Da Mother Father Christmas is Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4429 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUNIlVIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth John A. Chestnut 2/10/1993 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on August 16, 2007 with the following individuals in attendance: The Mother, Jennifer Chestnut, with her counsel, Robert Dailey, Esq. The Father, John Chestnut, with his counsel, Carol Lindsay, Esq. 3. Father's position on custody is as follows: Father seeks shared Legal custody and primary physical custody of the Child during the school yeaz. Father would be willing consider a shazed physical custody situation as well. Father believes that this would create stability for the Child's school schedule. 4. Mother's position is as follows: Mother seeks shazed legal custody and primary physical custody of the Child. Mother is willing to consider Father having every Tuesday until Wednesday morning and every other weekend. Mother stated that Father can have additional evening times with the Child as well. Mother also asserts Father requires counseling services. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half of a day. 6. The proposed recommended Order may contain a requirement that the parties file apre-trial memorandum with the Judge to whom the matter has been assigned. l Date r/' ~' John J. an, Esquire Custod Co iliator JOHN DOUGLAS CHESTNUT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER LEE-ANN CHESTNUT, Defendant CIVIL ACTION -LAW N0.07-4429 CIVIL TERM ORDER OF COURT AND NOW, this 14~` day of May, 2008, upon consideration of the attached Stipulation, the hearing previously scheduled for May 14, 2008, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required. BY THE COURT, ~? r ~~ fd: Wesley er, Jr., J. ~_ Robert J. Dailey, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant ,~,~,~, ~v„u,~.C~,~c s . is o P :rc ~`?N~#1~~?h~~v~~v~~ OS ~ &~~ ~ I ,t~6d 8002 ~;t~.lU~ ~~.,,"r-~a.+~4.d ~~1 ~~3 ~;~L--4C~--~~~1~ JOHN DOUGLAS CHESTNUT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ' v. CIVIL ACTION -LAW !, NO. 07-4429 JENNIFER LEE-ANN CHESTNUT, Defendant IN CUSTODY STIPULATION I ~ The arties hereto sti ulate as follows: p P 1. They are the parents of a child, John A. Chestnut, born February 10, 1993. 2. On March 8, 2008, a Conciliation Order was entered, a copy of which is attached hereto as Exhibit "A". 3. A hearing is set before the Court on May 14, 2008 at 9:30. 4. The parties will ask the Court to continue the hearing set for May 14, 2008. 5. Pending the continued hearing, Jennifer L. Chestnut, hereinafter "Mother", shall have primary physical custody of Alex and John D. Chestnut, hereinafter "Father", shall have partial custody of Alex at such times as the parties can agree. 6. The parties will continue to share legal custody as set out in the Court Order of March 8, 2008. 7. Mother will provide coverage under her present health insurance benefit for Father as well as for the child. Father will pay to Mother the additional cost she incurs for providing health insurance coverage for him. 8. Within seven days of the date of this Agreement, the parties will agree upon a neutral therapist, acceptable to the two of them, and who takes Mother's insurance, who will meet with the parties separately for at least one session and then with the child as the therapist deems necessary. Both parties agree to cooperate and to participate in therapy as the therapist directs and to see to it that Alex attends the therapy sessions as the therapist directs. Father will pay the co-pays for therapy so long as Mother does not seek child support. In the event Mother seeks child support, the parties will equally divide the cost of the co-pays for therapy. 9. Paragraphs 7 and 8 of the Order of March 8, 2008 are incorporated herein. 10. The parties intend that the terms of this Stipulation be made an Order of Court. Witness: nnifer Ann Chestnut JOHN DOUGLAS CHESTNUT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER LEE-ANN CHESTNUT, Defendant CIVIL ACTION -LAW N0.07-4429 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 2°d day of June, 2008, the prior order of court entered in this matter on May 14, 2008, is hereby amended to include that the terms of the Stipulation signed by the above parties are made an order of court. Defendant is ordered and directed to provide coverage for Plaintiff under her health insurance coverage and Plaintiff is ordered to reimburse Defendant for the additional cost incurred to Defendant for providing health insurance coverage to him. BY THE COURT, " Robert J. Daile Es . Y~ q 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant :rc ~Oj~/6S I'Yl `d I~SGV i ~ f~~~ ~"''1 tylh;`~r ; ~~`~i `<~\~~ -,,-;, ~~~t , "~ ~ ~j'~(~ Z ~t ~ I d ~- ~' B~flZ JyG1Y ~ lal~at'P t.~.i.+t~.~~g~,ti'1~. ~L1 JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4429 CIVIL TERM CIVIL ACTION -LAW : IN CUSTODY Substitution of Counsel /Chance in Address Without Leave of Court (Rule 1012(b)(2)(ii)) Praecipe for Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of Jennifer L. Chestnut, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Date: 29t" of August, 2008 Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdai] e~(a~ ~erberlawoffice.com Robert J. Dailey Praecipe for Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance on behalf of Jennifer L. Chestnut, Plaintiff. O'Brie~p, Baric & S Date: 29t" of August, 2008 obert J. CERTIFICATE OF SERVICE I hereby certify that on the day of , 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change of Address Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carol J. Lindsay, Esquire Saidis, Flower and Lindsay 26 West High Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 lh~/A/ Andrea . Barrick ~.., `~~} `~~' =f.4 ~ : ~ 3-~i ~-;~ ; +~-, ti .,, ~ r- - ~ry .,+ c;'.,