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HomeMy WebLinkAbout03-6113CHANDRA L. MESSIMER, Plaintiff CHAD E. MESSIMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Chandra L. Messimer, an adult individual residing at 1461 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Chad E. Messimer, an adult individual residing at 28 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: Nar~ Present Address Age Cole Austin Messimer 1461 Timber Brook Drive Mechanicsburg, PA 17050 4 4. The child was not born out of wedlock. The child is presently in the custody of Plaintiff, Chandra Messimer, who resides at 146l Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. During the past five (5) years, the child has resided with the following persons at the following address(es): Name Chandra Messimer Chad Messimer Chandra Messimer Address 1461 Timber Brook Drive Mechanicsburg, PA 17050 1461 Timber Brook Drive Mechanicsburg, PA 17050 Dates. 8/20/99 - 3/02 3/02 - present 6. The mother of the child is currently residing at 1461 Timber Brook Drive, Mechaincsburg, Cumberland County, Pennsylvania 17050. She is single. 7. The father of the chi/d is currently residing at 28 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is single. 8, The relationship of Plaintiff to the chi/d is ttmt of Mother. Plaintiff currently resides with the following persons: currently resides with the following persons: Name Debra Kennerly and her two minor children Name Relationship Cole Austin Messimer Child The relationskip of Defendant to the child is that of Father. Defendant Relationship Gklfriend 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. 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. 13. The best interest and permanent welfare of the chi/d will be served by granting the relief requested. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody of the child, Cole Austin Messimer. Respectfully Submitted, REAGER & ADLER, P~/ 2331 Market Street Camp Hill, PA 1701 (717) 232-2103 IEsquire Attorneys for Plaintiff VERIFICATION I, Chandra Messimer, hereby verify that the statements made in the foregoing document are true and correct to the best of my know/edge, information 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. CHANDRA L. MESSLMER PLAINTIFF V. CHAD E. MESSIMER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-6113 CIVIL ACTION LAW : : iN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 26, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 23, 2003 al 10:30 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be 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 Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: /s/ Dawn S. Sunday. Esq. 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 ttAVE 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 CHANDRA L. MESSIMER, Plaintiff CHAD E. MESSIMER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6113 CIVIL ACTION - LAW 1N CUSTODY AFFIDAVIT OF SERVICE I, Joanne Harrison Clough, Esquire of REAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Chad E. Messimer, by Certified Mail, Restricted Delivery on the 13th day of December, 2003, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Chad E. Messimer 28 W. Green Street Mechanicsburg, PA 17050 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. Id. No. 36461 item 4 if Restricted Delivery is desired. · FMnt your naree and address on the reverse aa that we~an return the card to you. · hllach this card to the back of the reailpiece, ar on the front if space permits. 1..~lcle Addre*sed to: Chad ] 28 W. Green Mechanicsburg, P C. Slgna~re; X [] Ad~ D. Isdeli~taddm~sdiffa'eritfmmiteml? r-lyes [] Express Mail [] Return Receipt for Merchand~ [] C.O.D. 2..~llcle Number pS Farrn 3811, Man:~ 2001 7002 2410 0004 1003 0059 EXHIBIT "A' CHANDRA L. MESSIMER, Plaintiff V. CHAD E. MESSIMER, Defendant 12130103 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6113 CIVIL ACTION - LAW IN CUSTODY CORRECTED AFFIDAVIT OF SERVICE I, Joanne Harrison Clough, Esquire of REAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Custody Complaint on the Defendant Chad E. Messimer, by Certified Mail, Restricted Delivery on the 13~ day of December, 2003, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. The previously filed Affidavit of Service, attached hereto as Exhibit "B," incorrectly referenced a Divome Complaint instead of correctly referencing the Custody Complaint. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Chad E. Messimer 28 W. Green Street Mechanicsburg, ~oann~ 'A 17050 aire REAGER & ADLER, P 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. Id. No. 36461 · Comptete ifems 1,2, and 3. Also complete item'4 if Restricted Deli~/ery is desired. · Print your name and address~°n the reverse so that we,,an return the card to you, · Attach this card to the back of the mai{piece, or on the front if space permits. 1. A~t~cle Addressed to: Chad E. 28W. Mechanicsburg, P Date of Dai~ve~ [] Agent [] Addressee , address different from item 1 ? r'l Yes ~ No~ [] Express Mail [] Return Receipt for Merchandise [] tnsured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) .~es ~ 2. Article Number i 7002 2410 0004 1003 0059 ~ ~o~ol-~+ PS Form 38'[ 1, M~rch 2001 Domestic Return Receip EXHIBIT "A" EXHIBIT "B" CHANDRA L. MESSIMER, Plaintiff CHAD E. MESSIMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~VA~A o NO. 03-6113 : CIVIL ACTION : 1N CUSTODY AFF~AVIT OF SERVICE I, Joarme Harrison Clough, Esquire of REAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Chad E. Messimer, by Certified Mail, Restricted Delivery on the 13th day of December, 2003, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Chad E. Messimer 28 W. Green Street Mechanicsburg, PA 17050 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. Id. No. 36461 · Complete items 1, 2. and 3. Atso complete item'4 if Restricted Delivery is desired. · print your name and address on the ~everse so that wecan return the card to you. · Attach this card to the back of the mailpiece, or on the front if space 1. Article Addressed to: Chad E. 25W. Mechanicsburg Print Cleedy) Date of Delivery C S_ignaWre , , ·" [] Agent X [] Addressee Is del~e~ address different from item 17 1-1 Yes If YES, enter ' : [~ No 3. Service Type ~srtified Mail F-[ Express Mail egistered ~ Return Receipt for Merchandise [] ~nsured Mail r-I C.O.D. 4. R~stricted Deliver? (Extra'~ .. 2. A~icle Number (Transfer from service label) PS Form 3811. March 2001 Domes~;ic Return Receipt EXHIBIT "A" CHANDRA L. MESSIMER, Plaintiff VS. CHAD E. MESSIMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6113 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of x~2i"7 ~ c4 , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered a~d directed as follows: 1. The Mother, ChandraL. Messimer and the Father, Chad E.Messimer shall have shared legal custody of Cole Austin Messimer, born August 20, 1999. Each parent shall have an equal fight, to be exercised jointly with the other parent, 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 parent shall be entitled to all records and information pertaining to the Child including; but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday after daycare through Sunday at 8:00 pm and every Tuesday and Thursday after daycare through 8:00 pm. 4. The parties shall share having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall nm on Christmas Eve from 4:00 pm tmtil 11:00 pm, Segment B, which shall run from Christmas Eve at 11:00 pm until Christmas Day at 3:00 pm, and Segment C which shall nm on Christmas Day from 3 00 pm until 8:00 pm. In even numbered years the Mother shall have custody of the Child during Segments A and C, and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segment B. B. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 5:00 pm and the Father shall have custody from 5:00 pm until 8:00 pm. C. EASTER: The parent who has custody of the Child under the regular weekend schedule shall have custody on Easter Sunday until 5:00 pm and the other parent shall have custody on Easter from 5:00 pm until 8:00 pm. D. OTHER S DAY / FATHER S DAY: The Father shall have custody of the Child M ' , every year on Father's Day and the Mother shall have custody of the Child every year on Mother's Day with the specific times to be arranged by agreement. E. The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. The Father shall be responsible to provide all transportation for exchanges of custody unless otherwise agreed between the parties. 6. In the event either party is unavailable to provide care for the Child during his or her periods of custody for four hours or more, that parent shall offer the other parent the opportunity to provide care during th,at time before contacting third party caregivers. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at 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. ' BY THE COURT, / /// f .,-..~./ .: cc: ~Aoanne H~son Clou~, Esquire - Co~sel for Mo~er ~regow S. H~lett, Esquire - Co~sel for Fa~er CHANDRA L. MESSIMER, Plaintiff VS. CHAD E. MESSIMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6113 CIVIL ACTION LAW IN CUSTODY .CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Cole Austin Messimer DATE OF BIRTH August 20, 1999 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held on January 6, 2004, with the following individuals in attendance: The Mother, Chandra L. Messimer, with her counsel, Joanne Harrison Clough, Esquire, and the Father, Chad E. Messimer, with his counsel, Gregory S. Hazlett, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquiret Custody Conciliator