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HomeMy WebLinkAbout09-0086OM ~' LILAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DAVID CHASTAIN, SR., Plaintiff v. DAVID CHASTAIN, JR. and RENEE CHASTAIN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. D ~ - t1t~ f G CIVIL TERM CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR C T. ODY 1. The Plaintiff is David Chastain, Sr., who currently resides at 1837 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendants are David Chastain, Jr. and Renee Chastain, who currently reside at 1837 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff seeks custody of the following child: Name: Amanda Lovingood Date of Birth: April $, 1992 Address: 1837 Walnut Bottom Road, Newville, PA 4. The child was born during wedlock. 5. The child is presently in the custody of her mother and stepfather; however, they all reside with Plaintiff and his mother at 1$37 Walnut Bottom Road, Newville, PA. 6. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date David Chastain, Jr. 1837 Walnut Bottom Road, 1999 -Present Renee Chastain Newville, PA 7. The Mother and StepFather of the child are Renee Chastain and David Chastain, Jr., who presently reside at 1837 Walnut Bottom Road, Newville, PA. 8. The Paternal Grandfather of the child is David Chastain, Sr. who resides at 1837 Walnut Bottom Road, Newville, Pennsylvania. 9. Mother and StepFather of the child are currently married. 10. The relationship of Plaintiff to the child is that of Paternal Grandfather. 11. The relationship of Defendants to the child are that of Mother and StepFather. 12. The Defendants currently reside with the following persons: David Chastain, Sr., his mother (Audrey Chastain), John, Jamie and Katelyn Chastain, the Defendants' three other minor children, and the subject minor child. 13. The 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 any other court. 14. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. The 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. 16. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody for reasons including the following: a. The child has a psychological bond with the Paternal Grandfather. b. The Paternal Grandfather is able to provide a stable environment for the child. c. The Paternal Grandfather will be able to ensure for the child's safety and care. d. 'The Paternal Grandfather can provide for the child both financially and emotionally, and provide the child with the basis day-to-day necessities. e. "The child has resided with her Paternal Grandfather for the last year. £ Mother and StepFather have indicated that they intend to move to North Carolina, without any regard for the child's schooling. i. The child has expressed a desire to remain in the Big Spring School District until she graduates in June 2010. g. It is believed and therefore averred that the subject minor child is verbally abused and subject to physical discipline by her parents. h. It is believed and therefore averred that the subject minor child is treated unfairly and differently from the other children in her family. i. It is believed and therefore averred that the obligations placed on the subject minor child to care for her parents and siblings is having a negative impact on her grades and her performance in school. j. It is believed and therefore averred that the child desires to remain residing with her Paternal Grandfather until she graduates from high school and turns age 18. k. It is believed and therefore averred that it is in the child's best interests to remain with her Paternal Grandfather until such time as she graduates from high school or turns the age of eighteen. 17. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. [THEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff as it would be in the child's best interest. DATE ~ C D 1 D Respectfiilly submitted, ABOM&KuTVr.~s, L.L.P. if - ~~ • ~~ Kara W. Haggerty, E q ' e ' Supreme Court ID 14 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. X4904, relating to unsworn falsification to authorities. ~~ ~7 ~~ ~ _ Date David Chastain, Sr. ~~ y ~ ~ ~ c~ -~, .~ c.... x~ ~ ~ ~ ~ ~ ~ {.4 Q ~ °-' 11 C . ~ ~~ ~ ~ . ~r