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Home My WebLink About07-4679IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melinda Edwards, Docket No. o ~- 4 ~ 7 9 C~i,~.( ~~,,,, Plaintiff vs. . Eric Chandler, Civil Action -Law Defendant Action In Custody COMPLAINT FOR CUSTODY 1. The Plaintiff is Melinda Edwards, who resides at 1930 State Street, Harrisburg, Dauphin County, Pennsylvania 17103. The Plaintiff is the Maternal Grandmother of the child. 2. The Defendant is Eric Chandler, who resides at 297 Nahant Road, Apartment D3R, Nahant, Massachusetts, 01908. 3. Plaintiff seeks partial physical custody of the following child: Name Present Residence Awe Vincent Michael Chandler 297 Nahant Road, Apt. D3R 6 yrs. Nahant, Mass. 01908 (DOB: 11/10/00) 4. The child was born out of wedlock. 5. The child is currently in the custody of Eric Chandler, who resides at 297 Nahant Road, Apartment D3R, Nahant, Massachusetts, 01908. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Persons Addresses Dates Defendant 297 Nahant Road, Apt. D3R 2/18/07 -Present Nahant, Mass. 01908 Mother and sister Delbrook Court 3/4/03 - 2/15/07 Mechanicsburg, PA 17050 Mother Georgetown Road 1/1/03 - 3/4/03 Mechanicsburg, PA 17050 Mother and Plaintiff Georgetown Road 2/29101- 1/1/03 Mechanicsburg, PA 17050 7. The Mother of the child passed away on 2/15/07. 8. The relationship of the Plaintiff to the child is that of Maternal Grandmother. The Plaintiff currently resides with the following persons: Name Relationshiu Herself 10. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following persons: Name Relations6io Vincent Michael Chandler Son Unknown Unknown 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 13. 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested for all of the foregoing: a. It is essential to the child's proper development, stability and general welfare that the Plaintiff be permitted to maintain an ongoing normal and meaningful relationship with the child. b. It is in the child's best interests that the Plaintiff be permitted to provide the child with continuing love, attention, guidance, training and influence. c. It is in the child's best interest that the Plaintiff take an active and appropriate role in the child's life. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff, Melinda Edwards, respectfully requests this Honorable Court gant her partial physical custody of the child. Respectfully Submitted, By: ~./ YU~~ /~ .t ~~t~ ~ J Nicole M. Werner, Esquire Nealon Gover & Perry 101 South Duke Street York, PA 17401 (717)852-7888 Date: p VERIFICATION I, Melinda Edwards, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 0.3 0 `~ ~' Melinda Edwards ~ `°' p r {x ~ ~..1 J r•~ ~ ~; ~-' ~ _~ I.kJ v \ ti""~ AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 07 4679 Plaintiff: Melinda Edwards., vs. Defendant: Eric Chandler., For: Guaranteed Subpoena Service, Inc. 2009 Morris Avenue ,. Union, NJ 01810 County of Cumberland Common Pleas Court Received by Guaranteed Subpoena Service, Inc. on the 9th day of August, 2007 at 9:34 am to be served on Eric Chandler., 297 Nahant road, Nahant, MA 01908. I, Wendell Davison, being duly sworn, depose and say that on the 11th day of August, 2007 at 8:42 pm, I: Substitute Served by leaving a true copy of this Order of Court; Complaint for Custody; Verification with the;'date and hour of service endorsed thereon by me, at the within named person's usual place of abode; to a person residing therein who is 18 years of age or older to co resident John Doe, who refused to give out his name or relationship. . Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United States of America. 1 Description of Person Served: Age: 53, Sex: M, Race/Skin Color: White, Height: 5'10, Weight: 200, Hair: Dark, Glasses: N I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. ,, Subscribed and Swom to before me on the 20th day of August, 2007 by the affiant who is e o Ily known to rye. +:i N TAY - IC ~. i ODMMd++~> ~ ~du~l AMr Iw-r Zl, Wendell Davi n Civil Process Division Guaranteed Subpoena Service, Inc. 2009 Morris Avenue Union, NJ 01810 (800) 672-1952 Our Job Serial Number: 2007002091 Ref: 20070808165408 Copyright ®1992-2001 Database Servfcea, lnc. -Process Server's Toolbox V5.5f Ra C ~~ w -~ cry ~" ..... ~-,t, .,_ ~c ' _ , _~ . -rs ~ ~,~ ~, ~ '"~ MELINDA EDWARDS iN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC CHANDLER DEFENDANT • 2007-4679 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 14, 2007 ,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 an Thursday, September 13, 2007 at 9:30 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 alI existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ~ubett X. Gzlro 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 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 ~%~~ ~ _ 't~-- ~ ~~p ,~ '~~~',~,~1 'old ~ p_~ r~ G~ ~'~ ~~1`ti M.r i~..J 33 a:^. Y }}~.x~~ t ^ ~ ~.L `~ 1 -,..~ _i~~-~ ,; '~ ~.a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELINDA EDWARDS Plaintiff v. , ERIC CHANDLER Defendant DOCKET NO: 07-4679 CIVIL TERM CIVIL ACTION -LAW ACTION IN CUSTODY ENTRY OF APPEARANCE To the Clerk of this Court and all parties of record: Enter my appearance as counsel in this case for the Defendant, Eric Chandler. Date: September 10, 2007 2320 North Second Street Harrisburg, PA 17110-0457 Telephone: (717) 238-6570 Counsel for Defendant, Eric Chandler f _~ CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the firm of Cunningham & Chernicoff, P.C., do hereby certify that I caused to be served the foregoing Appearance, by mailing a true copy thereof enclosed in a prepaid envelope, via first class mail, in an official depository, under the exclusive care and custody of the United States postal Service addressed as follows: Nicole M. Werner, Esquire Nealon Grover & Perry 101 South Duke Street York, PA 17401 CUNNINGHAM & CHERI~IICOFF, P.C. Date: September 10, 2007 Julieanne Ametrano ~irnQ t _ .... ~~° „~„ C-= p _ -p - Z w -: Y MELINDA EDWARDS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007-4679 CIVIL ACTION -LAW ERIC CHANDLER, . Defendant IN CUSTODY COURT ORDER AND NOW, this 7~day of , 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 3 of the Cumberland County Courthouse on the ~ day of ~w+~v~4 , 2007, at .~~ ~.m. At this hearing, the maternal grandmother, Melinda Edwards, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify at the hearing, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the above-mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: (a) the father, Eric Chandler, shall have legal and physical custody of Vincent Michael Chandler born November 10, 2000. (b) the maternal grandmother, Melinda Edwards, shall enjoy periods of visitation with the minor child at least once per month starting the last weekend in September. This visitation shall be supervised by the father's sister, Joan Weston. The time frame shall be for a minimum of six hours and shall be arranged between the maternal grandmother and the father either on a Saturday or Sunday for one time per month prior to the hearing. 3. The provision in this Order directing that the maternal grandmother's periods of visitation are supervised does not reflect a determination by the Conciliator or by the Court that supervised visitation is required in this case and the Court will address that issue de novo at the hearing scheduled above. 4. The father shall make arrangements for the maternal grandmother to have reasonable cc: telephone contact with the minor child. ~cole M. Werner, Esquire ~elly M. Knight, Esquire Judge CTuido rr / ~i ~~~ ! 0 ~~1 ! ~`~ I - '~ry'J t~~Z !y~ail,: , ~ ,~ .; -, _. s - SEF 2 62001 MELINDA EDWARDS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007-4679 CIVIL ACTION -LAW ERIC CHANDLER, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT Prior Judge: Judge Guido IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL 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: Vincent Michael Chandler born November 10, 2000. 2. A Conciliation Conference was held on September 21, 2007, with the following individuals in attendance: The maternal grandmother, Melinda Edwards, with her counsel, Nicole M. Werner, Esquire, and father, Eric Chandler, who was available via telephone, and his counsel Kelly M. Knight, Esquire. 3. The mother died from a drug overdose in February of this year. The minor child resided with the mother primarily up until the mother's death. Thereafter, the father took custody of the minor child and took the child to Massachusetts where the father has resided for a number of years. This Petition is filed by the maternal grandmother who is seeking somewhat limited time with the minor child. However, the father is resistant to giving the maternal grandmother unsupervised visitation because of various allegations the father makes with respect to the prior conduct of the maternal grandmother. The parties are unable to reach an agreement on this issue and a hearing is required. 4. The Conciliator recommends an Order in the form as atta hed. Date: September 26, 2007 Hubert X. Gilroy, Es ire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melinda Edwards, Docket No. 2007-4679 Plaintiff vs. . Eric Chandler, Civil Action -Law Defendant Action In Custody MOTION FOR CONTINUANCE AND NOW, come Melinda Edwards, by and through her attorneys, Nealon Gover & Perry, who files this Motion for Continuance in the above matter: 1. This matter is scheduled for a custody hearing on November 13, 2007. 2. Undersigned counsel was just assigned this file when Nicole Werner, Esquire resigned from Nealon Gover and Perry. 4. Undersigned counsel has contacted counsel for Mr. Chandler, Kelly Knight, Esquire, who has agreed to the requested continuance. WHEREFORE, Melinda Edwards, respectfully requests that this matter be rescheduled. Respectfully submitted; r NEALON GOVER~\ 1 Y sy: Date: (~ , S James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this ~ ~-~h day of November, 2007 I hereby certify that I have served the foregoing Motion for Continuance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Kelly Knight, Esquire 2320 North Second Street P.O. Box 60457 Harrisburg, Pennsylvania 17110-1008 James G. Nealon, III, Esquire r_ ~ O ~~ 1 d ` ~ + ~ :: ~,_ o: rn ~ ~' c~ r- ~. Y, ` __._ ..- Tl ~'i'a ['- :~' C ~~ ~ c Cs°r "~