HomeMy WebLinkAbout10-2229STEPHANIE L. JACKSON, IN THE COURT OF COMMON PLEAS
n/k/a STEPHANIE L. CHAMBERS, CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
VS. NO. 10-61&&-q NELSON E. CHAMBERS, CIVIL ACTION - LAW
Defendant CUSTODY cam' ,
PETITION TO MODIFY CUSTODY
1. The Plaintiff (hereinafter "Mother") is Stephanie L. Jackson, n/k/a Z' ` ; ry
Stephanie L. Chambers, an adult individual residing at 10 Village Court, Mechanicsburg, `Y =<`
Cumberland County, Pennsylvania 17050.
2. The Defendant (hereinafter "Father") is Nelson E. Chambers, an adult
individual residing at 1121 Floribunda Lane, Mechanicsburg, Cumberland County,
Pennsylvania 17050.
3. The parties were married on July 1, 2005 and divorced in York County on
May 27, 2007.
4. Mother seeks shared legal custody and primary physical custody of the
parties' son:
a. CARTER E. CHAMBERS (D.O.B. 10/16/04; 5 ''/2) residing with
Plaintiff at 10 Village Court, Mechanicsburg, Cumberland
County, Pennsylvania 17050.
b. The child was born out of wedlock but the natural parents later
married on July 1, 2005.
5. The minor child is nearing the age for him to attend Kindergarten and
Father insists the child attend the Mechanicsburg School District while Mother desires
the child to attend Cumberland Valley School District.
6. Mother works from her home as a customer service representative and has
extremely flexible hours.
7. Father is a truck driver.
8. The minor child presently attends full day program at Kindercare.
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9. Mother desires the child to attend Cumberland Valley School District's
kindergarten program (1/2 day at Shaw Elementary) with him returning to Mother's
home for the remainder of the day.
10. Father has experienced several recent problems which cause Mother to be
concerned about his temper. On October 15, 2009 as shown on the Criminal Complaint
and Affidavit of Probable Cause attached hereto as Exhibit "A" Father was charged by
the Upper Allen Township Police Department with the following:
a. assaulting his live in girlfriend, Michelle Parks, by dragging her down
the stairs;
b. pushing her against a wall;
c. smashing her cell phone with a hammer; and
d. dragging her across the floor of the basement causing cuts on the back
of Ms. Park's neck and back.
11. Aside from Father's criminal problem, in the month of January 2010,
Mother has enjoyed 19 of the 31 overnights; 21 of the 31 overnights in December 2009;
and 19 of the 30 overnights in November 2009. In the past the parties agreed to share
physical custody but that agreement was never entered as an Order of Court and the
parties' practice is for CARTER to spend more than 64% of the overnights with his
mother.
12. The Mother of the child is Plaintiff Stephanie L. Chambers.
13. The Father of the child is Defendant Nelson E. Chambers.
14. The relationship of the Plaintiff to the child is that of Mother.
15. The relationship of the Defendant to the child is that of Father.
16. Plaintiff has not participated as a party or witness or in any other capacity
in other litigation concerning the custody of the child in this or another court.
17. Plaintiff has no information of a custody proceeding concerning the child
pending in another court of this Commonwealth.
18. Plaintiff does not know of a person not a party to the proceedings that has
physical custody of the child or claims to have custody or visitation rights of the child.
19. The best interest and permanent welfare of the child will be served by
granting the relief requested because:
a. Mother is now the child's primary caregiver;
b. Father's work schedule and social life do not permit him to properly
care for the child by himself (in the past he relied heavily upon live in
girlfriends as caregivers);
C. Father has often told Mother that if she "does something stupid"
he will seek sole physical custody and/or keep the child from being
with his Mother;
d. In the past Father refused to have his name placed on the child's birth
certificate at the hospital; and
e. Father displays violence by punching the wall and verbally abusing
Mother in front of the child.
20. 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.
21. The best interests of the child will be served by granting the requested
relief.
22. The original complaint was filed April 26, 2005 to 2005-2157 but the
action was discontinued without prejudice on May 31, 2005. However, Father also has
another custody case in Cumberland County docketed to Case No. 04-858 for a child
born in September 9, 2000.
WHEREFORE, Mother seeks an Order granting her primary physical custody of
the child and shared legal custody with periods of visitation with the Defendant.
Respectfully submitted,
By:
Law Firm
uire
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiff
Date: March 31, 2010
03/17/2010 08:00 7177701278 HOWELL LAW FIRM PAGE 01/05
VERIFICATION
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
18 pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY: LAC/"
Stephan. - L. Chan ers
a/k/a Stephanie L. Jackson.
Date: '3110 bo
`COMMONWEALTH OF PENNSYLVANIA POLICE CRIMINAL COMPLAINT
COUNTY OF: Cumberland COMMONWEALTH OF PENNSYLVANIA
VS.
Magisterial District Number: 09-3-05 DEFENDANT: (NAME and ADDRESS):
MDJ: Hon. Mark W. Martin
Nelson Ezra Chambers
Address: 507 York Street First Name Middle Name Last Name Gen.
Mechanicsburg, PA 17055 1121 Floribunda LN
Telephone: (717)766-4575 Mechanicsburg, PA 17055
NCIC Extradition Code Type -
? 1-Felony Full ? 4-Felony No Ext. ? B-Misdemeanor Limited ? E-Misdemeanor Pending
? 2-Felony Ltd. ? 5-Felony Pend. ? C-Misdemeanor Surrounding States
? 3-Felony Surrounding States ? A-Misdemeanor Full ? D-Misdemeanor No Extradition
Distance: miles
DEFENDANT IDENTIFICATION INFORMATION
RACE ETHNICITY Docket Number Date Filed OTN LiveScan Num r Complaint/Incident Number
? White ? Hispanic ?• 10/14/2009 I UAT20090800956
® Non- DOB 973 POS
? Asian
Hispanic Add'I. DOB SSN
-l ?{ to Z
Add'I SSN
Black ? Unknown .
- GENDER First Name Middle Name Last Name Gen.
1 Native
F
American ® Male AKA
? Unknown ? Female HAIR COLOR ? GRY (Gray) ? RED (Red/Aubn.) EYE COLOR ? GRN (Green) ? PNK (Pink)
? BLK (Black) ? ONG (Oran
e) ? BLN (Blonde/
g ? BLK (Black) ? GRY (Gray) ? MUL
SID: ? BLU (Blue) ? PLE (Purple) Strawberry) (Multicolored)
?BLU (Blue) ? HAZ (Hazel)
equ Services? ? BRO (Brown) ? PNK (Pink) ? WHI (White)
? Yes ® No ? GRN (Green) ? SDY (Sandy) ® XXX (Unk./Bald) ® BRO (Brown) ? MAR (Maroon)? XXX (Unknown)
Driver License State PA License Number MM653 Expires 6/27/2013 WEIGHT (Ibs;)
DNA ? Yes? No DNA Location 200
FBI Number MNU Number R. HEIGHT In.
Fingerprint Classification: 6 0
DEFENDANT VEHICLE INFORMATION
Plate # State
I Hazmat
? eg a on omm
El o
11 .
NCIC
Sticker MM YY Veh. Ind. Veh. Veh. C
ode
VIN Year Make Model Style Color
uTTlce or the attorney Tor the uommonwealtn I I Approved LJ Disapproved because:
Not required
(The attorney for the Commonwealth may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filling. See Pa.R.Crim.P. 507).
(Name of Attorney for Commonwealth-Please Print or Type) (Signature of Attorney for Commonwealth) (Date)
I, Police Officer Timothy Albert 2302 =} ?:
(Name of Affiant-Please Print or Type) (PSP/MPOETC -Assigned Affant ID Number & Badge #) - and
of Upper Allen Township Police PA0211800 and ti ?eal or iaid-Court at Carlisle, P%.
(identify Department or Agency Represented and Political Subdivision) (Police Agency or ORI Number) ThtS ?tlay J , 20
do hereby state: (check appropriate box)
1. ® I accuse the above named defendant who lives at the address set forth above -C 141'k o h curt
Cumaerlan unty
? 1 accuse the defendant whose name is unknown to me but who is described as
(V -
? I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have
therefore designated as John Doe or Jane Doe
with violating the penal laws of the Commonwealth of Pennsylvania at [ 104 ] Upper Allen Township
(u -vision ode) (Place-Polkical Subdivision)
1121 Floribunda LN, Mechanicsburg, PA 17055
in Cumberland County [ 21 ] on or about 8130/2009 4:24 PM
AC)PC 4I2A -Rev. 2l07
IR A- L_ -i Page 1 of 5
- -- Al e AARA
AAA_
POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number Complaint/ Incident Number
' . D3 10/14/2009 1 - UAT20090800956
Defendant Name First: Middle: Last:
Nelson Ezra Chambers
The acts committed by the accused are described below with each Act of the Assembly or statute violated, if appropriate:
(Set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) violated, without
more, is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated.)
Inchoate ? Attempt 1:1 Solicitation Conspiracy ? Al 11 A2 ? B ? Permitting (Title 75 O
te nly)
L nse 18 901 A 18 902 A 18 903 (Engaging) (Aiding) (Knowledge) 7515
75 A
9 1 2701 a1 of the 18 1 M2 1313 13B
`°°.,' Offense # Section Subsection Title Counts Grade NCIC Offense Code UCR/NIBRS Code
Penn DO Dots Accident Number ? Safety Zone ? Work Zone
(if applicable)
Statute Description/Acts of the accused associated with this Offense:
18 - Crimes and Offenses
2701 - Simple assault
2701 a1
attempts to cause or intentionally, knowingly or recklessly causes
bodily injury to another;
Simple Assault-To Wit-The Defendant shoved the Victim and punched her in the back.
Inchoate Attempt
? Solicitation
? Conspiracy Al A2 B
?
?
? Permitting (Title 75 Only)
?
Offense 18 901 A 18 902 A (Knowledge)
(Engaging)
(Aiding)
18 903 75 1575 A
? 2 2709 a1 of the 18 1 Sum 1313 13B
Offense # Section Subsection Title Counts Grade NCIC Offense Code UCR/NIBRS Code
PennDOT Data Accident Number
(if applicable) ? Safety Zone ? Work Zone
Statute Description/Acts of the accused associated with this Offense:
18 - Crimes and Offenses
2709 - Harassment
2709 a1
strikes, shoves, kicks or otherwise subjects the other person to
physical contact, or attempts or threatens to do the same;
Harassment-To Wit- The Defendant shoved and punched the Victim in the back.
Offense ? Attempt ? Solicitation conspiracy ? Al ? A2 ? B ? Permitting (Title 75 Only)
' 18 901 A 18 902 A 18 903 (Engaging) (Aiding) (Knowledge) 75 1575 A
? 3 3304 a1 of the 18 1 Sum 2902 290
unense s section Subsection Title Counts Grade NCIC Offense Code UCR/NIBRS Code
PennpOT Data I Accident Number
? Safety Zone ? Work Zone
(K app?idaWs)
I
Statute Description/Acts of the accused associated with this Offense:
AOPC 4I2A - Rev. 12/07 Page 2 of 5
POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number Complaint/Incident Number
10/14/2009 , 77 UAT20090800956
Defendant Name First: Middle: Last:
Nelson Ezra Chambers
18 - Crimes and Offenses
3304 - Criminal mischief
3304 a1
damages tangible property of another intentionally, recklessly, or
by negligence in the employment of fire, explosives, or other dangerous
means listed in section 3302(a) of this title (relating to causing or
risking catastrophe);
Criminal Mischief-To Wit- The Defendant broke the cell phone of the Victim with a hammer.
AOPC 412A - Rev. 12/07 Page 3 of 5
AAk POLICE CRIMINAL COMPLAINT
Dodcet Number: Date Filed: OTN LiveScan Number Complaint/Incident Number
10/14/2009 , UAT20090800956
Defendant Name First: Middle: Last:
Nelson Ezra Chambers
2. 1 ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I
have made.
3. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S.§4904)
relating to unsworn falsification to authorities.
4. This complains comprised of the preceding Page, as well as the attached pages that follow, numbered
through ,5j , specifying offenses and Participants, if any.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the
Commonwealth of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited.
(Before a warrant of arrest can be issued, the affidavit of probable cause must be completed, sworn to
before the issuing authority, and attached.)
ak6-- q' =7
(Date) 10- Signature OTIR nt)
AND NOW, on this date, I certify that the complaint has been properly completed and verified. An
affidavit of probable cause must be completed in order for a warrent to issue. / 1
'4x??
09-3-05 _
(Magisterial District Court Number) ssuingAuthority)
AOPC 412A - Rev. 12107 Page 4 of 5
.AL
POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN LiveScan Number Complaint/ Incident Number
L, 10/14/2009 7 UAT20090800956
Defendant Name First: Middle: Last:
Nelson Ezra Chambers
AFFIDAVIT of PROBABLE CAUSE
On 08/30/2009 the Defendant and the Victim were at the Defendant's residence at 1121 Floribunda Lane in Upper Allen
Township. While at the residence, an argument ensued and the Victim attempted to leave the residence. As the Victim
climbed the stairs to leave, the Defendant grabbed her by her purse and dragged her down the stairs and then pushed
her against a wall. Eventually, the Victim got away up the basement stairs until the Defendant grabbed the Victim's keys.
After the Victim got a key back, she attempted to leave and the Defendant chased after her and punched her in the back
and then pulled her to the set of stairs going to the second floor. When the Defendant did this, it caused the Victim's cell
phone to fall to the ground. The Defendant then grabbed the cell phone and a hammer and proceeded to smash the cell
phone, Then the Victim was drug across the floor by the Defendant. The Victim then got away from the Defendant and
was eventually able to leave the area. The Victim did sustain cuts on her arms and back of the neck as a result of the
actions of the Defendant.
I, Police Officer Timothy Albert , BEING DULY SWORN ACCORDING TO THE LAW,
DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF.
(Signatu f Affient)
Sworn to me and subscribed before me this / y day of do
Date, Y Magisterial District Judge
My-commission expires first Monday of January, ti 1-
AOPC 412A - Rev. 12/07 Page 5 of 5
STEPHANIE CHAMBERS, : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. 2010-2229
NELSON CHAMBERS, : CIVIL ACTION - LAW
Defendant : IN CUSTODY n
C O
CUSTODY STIPULATION AGREEMENT
r
AND NOW, this ?Z + day ofGV ST 2010, comes Sil HA*IE
CHAMBERS of Mechanicsburg, Pennsylvania (hereinafter referred to as "Mother") and NELSON
CHAMBERS of Mechanicsburg, Pennsylvania (hereinafter referred to as "Father"), having reached
an agreement to mutually settle and resolve the issues of custody of their minor child, CARTER
CHAMBERS, born in 2004, desire to legally obligate themselves to adhere to the terms of said
Agreement:
1. Mother and Father shall share legal custody of their minor child.
2. Mother and Father agree that the major decisions concerning the child's health,
welfare, education, religious training and upbringing shall be made by the parents
jointly, after discussion and consultation with each other, with a view towards
obtaining and following a harmonious policy in the child's best interests.
3. Each parent agrees to keep the other parent informed of the progress of the child's
education and social adjustments.
4. Each parent agrees not to impair the other parent's right to share legal custody of the
child.
5. Each parent agrees to give support to one another in their role as parents and to take
into account the opinion of the other for the physical and emotional well-being of the
child.
6. The parents agree not to alienate the affections of the child for the other parent.
7. Each parent shall notify the other of any of the child's activities that could reasonably
be expected to be of significant concern to the other parent.
8. Each parent agrees to notify the other if the child is involved in any significant
accident, injury or illness. The parents agree to cooperate in sharing any of the
child's medical insurance information. In addition, if the child has been prescribed
medication, the custodial parent agrees to dispense said medication pursuant to the
prescribing doctor's orders.
9. Each parent shall have equal rights and access to visit the child if the child is
confined to a medical institution so long as said visits are consistent with medical
advice.
10. The parents shall have shared physical custody of the child in accordance with the
following schedule:
ALTERNATE WEEKS:
On alternating weeks from Sunday at 5:30 p.m. until the following Sunday
at 5:30 p.m., commencing the Sunday following the signing of the Custody
Stipulation Agreement.
HOLIDAYS:
The parties shall share custody on Holidays, as the parties can mutually agree.
MOTHER'S DAY AND FATHER'S DAY:
Mother shall always have the right of partial custody on Mother's Day.
Father shall always have the right of partial custody on Father's Day. The
rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m.
BIRTHDAYS:
Mother shall always have the right of partial custody on Mother's birthday.
Father shall always have the right of partial custody on Father's birthday.
The rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m.
Additionally, Father shall always have the right of partial custody on the 9"'
day of September from 9:00 a.m. until 8:00 p.m, so that the child is able to
celebrate his brother's birthday.
THANKSGIVING:
In odd numbered years, Father shall have the right of custody on
Thanksgiving Day from 8:00 a.m. until 7:00 p.m. In even numbered years,
Mother shall have the right of custody on Thanksgiving Day from 8:00 a.m.
until 7:00 p.m.
CHRISTMAS:
In even numbered years, Mother shall have the right of custody from
December 24"' at 6:00 p.m. through December 25"' at 2:00 p.m., with Father
having custody from December 25" at 2:00 p.m. through December 26'" at
2:00 p.m. In odd numbered years, Father shall have the right of custody from
December 24"' at 6:00 p.m. through December 25"' at 2:00 p.m., with Mother
having custody from December 25"' at 2:00 p.m. through December 26'" at
2:00 p.m.
NEW YEARS:
In even numbered years, Mother shall have the right of custody from New
Year's Eve at 6:00 p.m. through New Year's Day at 2:00 p.m. In odd
numbered years, Father shall have the right of custody from New Year's Eve
at 6:00 p.m. through New Year's Day at 2:00 p.m.
OTHER TIME:
At any other time that the parties by mutual agreement can agree.
11. During the time that a parent does not have physical custody of the child, said parent
shall have the right to speak with the child by telephone and/or e-mail on a liberal
basis as mutually agreed upon by the parties.
12. Neither parent shall abuse alcohol or use illegal substances while the child is in his
or her custody. No party shall smoke in any part of a confined area with the child
present and neither party shall permit another person to smoke in any part of a confined
area with the child present.
13. Both parents agree not to expose Carter to violent video games and movies which are
not age appropriate.
14. Both parents agree that Carter may be enrolled in one (1) extracurricular activity in
the Fall, Spring and Summer by mutual agreement in which case both parents will
assist in transportation. If one parent does not consent to an activity then the other
parent shall be solely responsible for all transportation.
15. The parties agree that the child shall attend Kindergarten in Father's home school
district (Mechanicsburg Area School District). Following the child's completion of
Kindergarten, the child shall attend school in Mother's home school district so long as
Mother still resides in that district (Cumberland Valley School District).
16. The parties have negotiated this Agreement based upon existing circumstances, and
in particular, based upon the parties' current residences. If either party desires to
establish a residence more than twenty-five (25) miles from his or her present
residence or a residence outside of their current school district, he or she shall give
the other parent at least ninety (90) days written notice in advance of the proposed
move. The ninety (90) days written notice is designed to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory
arrangement as to custody in light of the changed circumstances.
17. The parties are free to modify the terms of this Order but in order to do so, the Court
makes it clear that both parties must be in complete agreement to any new terms. That
means both parties must consent on what the new terms of the custody arrangement or
visitation schedule shall be.
In the event that one or the other does not consent to a change, that does not mean each
follows their own idea as to what they think the arrangements should be. This
Agreement and Court Order is set out in detail so both parties have it to refer to and to
govern their relationship with the child and with each other in the event of a
disagreement.
18. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain sole
jurisdiction over this case.
19. This Agreement shall be construed and governed by the laws of the Commonwealth
of Pennsylvania.
20. Both parents have had the opportunity to consult with and obtain the advice of
separate legal counsel prior to signing this Agreement.
1
Thomas M. Clark, F Wire
l ELSON C1 AMBERS
STEPHANIE CHAMBERS
STEPHANIE CHAMBERS, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. 2010-2229
NELSON CHAMBERS, : CIVIL ACTION - LAW
Defendant : IN CUSTODY c o ?7
-? rr
CUSTODY STIPULATION AGREEMENT
2i` day of ?y s r 2010, comes
AND NOW, this Y L i
S?)Ht1fIE 3
`a
-
CHAMBERS of Mechanicsburg, Pennsylvania (hereinafter referred to as "Mother") and NELSON
CHAMBERS of Mechanicsburg, Pennsylvania (hereinafter referred to as "Father"), having reached
an agreement to mutually settle and resolve the issues of custody of their minor child, CARTER
CHAMBERS, born in 2004, desire to legally obligate themselves to adhere to the terms of said
Agreement:
1. Mother and Father shall share legal custody of their minor child.
2. Mother and Father agree that the major decisions concerning the child's health,
welfare, education, religious training and upbringing shall be made by the parents
jointly, after discussion and consultation with each other, with a view towards
obtaining and following a harmonious policy in the child's best interests.
3. Each parent agrees to keep the other parent informed of the progress of the child's
education and social adjustments.
4. Each parent agrees not to impair the other parent's right to share legal custody of the
child.
5. Each parent agrees to give support to one another in their role as parents and to take
into account the opinion of the other for the physical and emotional well-being of the
child.
6. The parents agree not to alienate the affections of the child for the other parent.
7. Each parent shall notify the other of any of the child's activities that could reasonably
be expected to be of significant concern to the other parent.
8. Each parent agrees to notify the other if the child is involved in any significant
accident, injury or illness. The parents agree to cooperate in sharing any of the
child's medical insurance information. In addition, if the child has been prescribed
medication, the custodial parent agrees to dispense said medication pursuant to the
prescribing doctor's orders.
9. Each parent shall have equal rights and access to visit the child if the child is
confined to a medical institution so long as said visits are consistent with medical
advice.
10. The parents shall have shared physical custody of the child in accordance with the
following schedule:
ALTERNATE WEEKS:
On alternating weeks from Sunday at 5:30 p.m. until the following Sunday
at 5:30 pan., commencing the Sunday following the signing of the Custody
Stipulation Agreement.
HOLIDAYS:
The parties shall share custody on Holidays, as the parties can mutually agree.
MOTHER'S DAY AND FATHER'S DAY:
Mother shall always have the right of partial custody on Mother's Day.
Father shall always have the right of partial custody on Father's Day. The
rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m.
BIRTHDAYS:
Mother shall always have the right of partial custody on Mother's birthday.
Father shall always have the right of partial custody on Father's birthday.
The rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m.
Additionally, Father shall always have the right of partial custody on the 9`1
day of September from 9:00 a.m. until 8:00 p.m, so that the child is able to
celebrate his brother's birthday.
THANKSGIVING:
In odd numbered years, Father shall have the right of custody on
Thanksgiving Day from 8:00 a.m. until 7:00 p.m. In even numbered years,
Mother shall have the right of custody on Thanksgiving Day from 8:00 a.m.
until 7:00 p.m.
CHRISTMAS:
In even numbered years, Mother shall have the right of custody from
December 24"' at 6:00 p.m. through December 25"' at 2:00 p.m., with Father
having custody from December 25" at 2:00 p.m. through December 26`" at
2:00 p.m. In odd numbered years, Father shall have the right of custody from
December 24"' at 6:00 p.m. through December 25`" at 2:00 p.m., with Mother
having custody from December 25"' at 2:00 p.m. through December 26"' at
2:00 p.m.
NEW YEARS:
In even numbered years, Mother shall have the right of custody from New
Year's Eve at 6:00 p.m. through New Year's Day at 2:00 p.m. In odd
numbered years, Father shall have the right of custody from New Year's Eve
at 6:00 p.m. through New Year's Day at 2:00 p.m.
OTHER TIME:
At any other time that the parties by mutual agreement can agree.
11. During the time that a parent does not have physical custody of the child, said parent
shall have the right to speak with the child by telephone and/or e-mail on a liberal
basis as mutually agreed upon by the parties.
12. Neither parent shall abuse alcohol or use illegal substances while the child is in his
or her custody. No party shall smoke in any part of a confined area with the child
present and neither party shall permit another person to smoke in any part of a confined
area with the child present.
13. Both parents agree not to expose Carter to violent video games and movies which are
not age appropriate.
14. Both parents agree that Carter may be enrolled in one (1) extracurricular activity in
the Fall, Spring and Summer by mutual agreement in which case both parents will
assist in transportation. If one parent does not consent to an activity then the other
parent shall be solely responsible for all transportation.
15. The parties agree that the child shall attend Kindergarten in Father's home school
district (Mechanicsburg Area School District). Following the child's completion of
Kindergarten, the child shall attend school in Mother's home school district so long as
Mother still resides in that district (Cumberland Valley School District).
16. The parties have negotiated this Agreement based upon existing circumstances, and
in particular, based upon the parties' current residences. If either party desires to
establish a residence more than twenty-five (25) miles from his or her present
residence or a residence outside of their current school district, he or she shall give
the other parent at least ninety (90) days written notice in advance of the proposed
move. The ninety (90) days written notice is designed to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory
arrangement as to custody in light of the changed circumstances.
17. The parties are free to modify the terms of this Order but in order to do so, the Court
makes it clear that both parties must be in complete agreement to any new terms. That
means both parties must consent on what the new terms of the custody arrangement or
visitation schedule shall be.
In the event that one or the other does not consent to a change, that does not mean each
follows their own idea as to what they think the arrangements should be. This
Agreement and Court Order- is set out in detail so both parties have it to refer to and to
govern their relationship with the child and with each other in the event of a
disagreement.
18. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain sole
jurisdiction over this case.
1 9. This Agreement shall be construed and governed by the laws of the Commonwealth
of Pennsylvania.
20. Both parents have had the opportunity to consult with and obtain the advice of
separate legal counsel prior to signing this Agreement.
Thomas M. Clark, F-4gdire
n
,,-; n" ? ? , A -
Ir E -SON C AM ERS
ST P NIE CHAMBERS
SEp 14 Z010
STEPHANIE CHAMBERS, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVAN IA
VS. No. 2010-2229
C:
NELSON CHAMBERS, CIVIL ACTION - LAW
M
Defendant IN CUSTODY
C-11
ORDER OF COURT
C
C:)
n
C?
AND NOW, this 25
day of 4uc?u ??T-
2010, it is hereby <
ORDERED and DECREED that: Nelson Chambers and Stephanie Chambers, do hereby declare
that they have read and have reviewed the proposed form of Order of Court to which this Stipulation
and Consent is attached, and each does hereby stipulate and agree that the said Order of Court, when
signed issued and filed by the Court, shall hereafter govern their respective relationships with their
minor child, Carter Chambers.
Date 1
Date
Date
Date
Dai e-/
tyla I
"--T. CLAa-?
A44%j -440C.3a
11? /140
Nelsor'h--almrs
Thomas M. Clark, Esquire
Attorney for Defendant
1?
?tA
gte?nh an i eCh ambers