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HomeMy WebLinkAbout00-00514 DAVID C. SWEIGARD, Plaintiff vs. TONYA L. KENDALL, Defendant -.t : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. :J()(J)-51'l cU;d T~ . . . . . . . . . . CIVIL ACTION - AT LAW CUSTODY/VISITATION . . ORDER OF COURT AND NOW, this L\ day of ftb~ , 2000 upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \))^~ s.,~~ 1-' the conciliator, ~\~\u)_, on the d~ 3\l1J r .M. , for a prehearing at .2B \"'), \.-\ci\(\ &., 1 day of ~Cfr n 2000, at 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator (~ , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 il1JI!!.. ~," {_ l :) . /tl.t?o ;} '/~.?JtJ d. 1~-t7t1 nc: '\,., P'jI Cf) ('1.-~-'rv" ""',.';"~::,,T,'.,;: -;'c',) if\~T( (i.0- r'TD lOP" , LU I .....n I:~? ',''- CUi\jc:,:(l',,""- IU....ilLJ.l.I'-'l' I"! .''''"j'' P .. -" ,,' '.", " ENNSVi \ It;~\'(III\"Jl" j . ,.~;h \j j/"\ W~JU~ ~~oY~ :::~~~ ~7? . ,,~JlllI!I!RIl "~~~ JI JI'f!f!!~ , ~...,.B , ~..~-." ,~ I; " ~- DAVID C. SWEIGARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . No. . . . TONYA L. KENDALL, . CIVIL ACTION - AT LAW . Defendant : CUSTODY/VISITATION AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. ~..;;. DAVID C. SWEIGARD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . No. .:l67rV-S/'1 Cu~-r~ vs. . . . . TONYA L. KENDALL, : CIVIL ACTION - AT LAW Defendant . CUSTODY/VISITATION . COMPLAINT FOR CUSTODY. PARTIAL CUSTODY AND/OR VISITATION The Plaintiff, David C. Sweigard, by and through his attorney, Kirstin M. Garrett, Esquire, files this Complaint for Custody against the Defendant, Tanya L. Kendall, and in support thereof, avers the following: 1. The Plaintiff is David C. Sweigard, an adult individual and the natural Father, who currently resides at 2207 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Tanya L. Kendall, an adult individual and the natural Mother, who currently resides at 125 Linda Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Plaintiff seeks custody, partial custody, and/or visitation of the following child: Name Present Address Aqe 125 Linda Drive Mechanicsburg, PA 17055 The child was born out of wedlock. Teyona L. Danner 6 4. The child is presently in the custody of Tonya L. Kendall, who currently resides at 125 Linda Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. ,- 5. During the past five years, the child resided with the following persons and at the following addresses: Name Address Dates Tonya L. Kendall 125 Linda Drive 1998- and Scott Kendall Mechanicsburg, PA 17055 Present Tonya L. Kendall 125 Linda Drive 1998- (Danner) Mechanicsburg, PA 17055 1995 6. The Mother of the child is Tonya L. Kendall, who currently resides at 125 Linda Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Mother is not married to the natural Father. 7. The Father of the child is David C. Sweigard, who currently resides at 2207 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. The Father is not married to the natural Mother. 8. 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 another court. 9. The Plaintiff has no information of a custody proceeding concerning the child currently pending in any court of this Commonwealth. 10. The Plaintiff does not know of a person not a party to the proceedings, who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. I "- t. 11. The best interests and permanent welfare of the child will be served by granting the relief requested because: a). The Plaintiff, the natural father, has been essentially denied any visitation with the child, however, can provide adequate moral, emotional, and physical surroundings as required to meet the child's needs; b). The Plaintiff is willing to establish custody of the child; c). The Plaintiff seeks to exercise parental duties and enjoys the love and affection of the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE u, ~ .~ - ',<..., " ' -". WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter an Order granting custody of the child to the Petitioner and natural Father, David C. Sweigard, in accordance with any Stipulation of the parties, or in the event the parties are unable to execute such a Stipulation, to enter an Order granting custody, partial custody, or visitation of the child to the Petitioner. Respectfully submitted, Date: 1# tin M. Garret, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 83801 Tel. (717) 763-1800 0"< .- DAVID C. SWEIGARD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : VB. : No. : TONYA L. KENDALL, . CIVIL ACTION - AT LAW . Defendant . CUSTODY/VISITATION . VERIFICATION I, David C. Sweigard, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Complaint for Custody are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. S 4940. ~ tu' /1 ~4 ;/ / David C. S eigar~~ Date: 1-,;17- 7'7 '. . Jt.~ DAVID C. SWEIGARD, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . . vs. : NO. 00-514 CIVIL TERM . . TONYA L. KENDALL, Defendant . . CIVIL ACTION - LAW IN CUSTODY/VISITATION : ORDER OF COURT AND JIDq, this consideration of the attached and directed as follows: 'fP day of /.In", 0/ , 2000, upon CUstody Conciliation Report, it is ordered 1. The Father, David C. Sweigard, and the Mother, Tonya L. Kendall, shall have shared legal custody of Teyona L. Danner, born February 17, 1993. Each parent shall have an equal right, 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 her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating Saturdays from 10:00 a.m. until 7:00 p.m., beginning April 8, 2000. Beginning July I, 2000, and continuing thereafter, the Father shall have custody of the Child on alternating weekends from Saturday at 10:00 a.m. through Sunday at 7:00 p.m. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Father shall have custody of the Child on Christmas Eve from 10:00 a.m. until 9:00 p.m., and the Mother shall have custody of the Child on Christmas Eve at 9:00 p.m. through Christmas Day at 7:00 p.m. B. ALTERNATING HOLIDAYS: In even numbered years, the Father shall have custody of the Child on New Years Day, Memorial Day and Labor Day and the Mother shall have custody on Easter, Independence Day (observed) and Thanksgiving. In odd numbered years, the Father shall have custody of the Child on Easter, Independence Day (observed) and Thanksgiving, and the Mother shall have custody on New Years, Memorial Day and Labor Day. All holiday periods of custody under this provision (except. Independence Day) shall begin at 10:00 a.m. on the "" l!I. '" , " """"-' o'~ -- ,~ ~ r' ~-~, """""'- " ,~ ~ ,,,'.. -~ '" ,-. ~',. , FILED-'OFFiCE 0'" -,' ,,- ;-"'Y'J"'-'(!TARY r .:"~:.', :-';-,l_,:l :Ulil,JIJ 00 I~PR -i! A1110: 30 CUMBERU'ND COUN1Y ". PENNSYLVANIA ,OC,r, ,,_ ~ ,~ ~lIliW'!!W~~'''HjP~ 'Ii1!!f'1,4~,-,~~i!!f~1 ,~ ~""""""'- ~U". ., " , J~ ~, holiday and end at 7:00 p.m., if the Child has school the following day, and at 9:00 p.m. if the Child does not have school the following day. The period of custody on Independence Day shall run from 10:00 a.m. until after the fireworks. C. MOl'HER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 10:00 a.m. until 7:00 p.m., unless there is no school on the following day in which case the period of custody shall be extended to 9:00 p.m. D. TRICK-<IR-TREAT NIGHT: The Father shall have custody of the Child for Trick-or-Treat night in even numbered years and the Mother shall have custody of the Child for Trick-or-Treat night in odd numbered years. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. F. In the event the Father's holiday period of custody falls immediately preceding or following his regular period of custody, the Father's regular/holiday period of custody shall run continuously. 5. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception that the Father shall also provide transportation for return of the Child to the Mother's custody for exchanges scheduled later than 7:00 p.m. Absent exigent circumstances, the Father shall be present for exchanges of custody when he is responsible to provide transportation. In the event of exigent circumstances, the Father shall make arrangements for a responsible adult, with whom the Child is familiar, to provide the transportation. 6. Each party shall ensure that the Child attends her regularly scheduled activities during that party's periods of custody. 7. 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, ~ J. cc: Matthew Eshelman, Esquire - Counsel for Father Diane Radcliff, Esquire - Counsel for Mother (\ ~~ 00 \.P\' ~'X~? ,j. " DAVID C. SWEIGARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-514 CIVIL TERM : TONYA L. KENDALL, . CIVIL ACTION - LAW . Defendant : IN CUSTODY/VISITATION CUSTODY <nICILIATIOO SUMMARY REP(RT IN ACXlCIIDANCE WITH CUMBERLAND COONTY 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 DATE OF BIRTH CURREl\ITLY IN CUSTODY OF Teyona L. Danner February 17, 1993 Mother 2. A Conciliation Conference was held on March 28, 2000, with the following individuals in attendance: The Father, David C. Sweigard, with his counsel, Matthew Eshelman, Esquire, and the Mother, Tanya L. Kendall, with her counsel, Diane Radcliff, Esquire. 3. The parties agreed to entry of an Order in the form as attached. fYlE./A (./I Date .+-9 /) (If)iJ I L" L ~~tl Dawn S. Sunday, Esquire Custody Conciliator . DAVID C. SWEIGARD Plaintiff v. TONYA KENDALL, Defendant ,-., -, I _', ,~ " : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-514 CIVIL TERM : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ ..... consideration of the attached Emergency Petition for Visitation, it is hereby directed that the Plaintiff , 2002, upon shall be granted a period of custody from 4:30 p,m, until 8:30 p.m. on January 7, 2002. Kif5tikj ~e\qa.rl :1 ~ ~ To,.t;1o. Ke,SJaIL OI'CJ7-0~ R/'f J. ~" ."IlI""'''' <ill_ ,o."ilQ ,'~ < >, '"-, ~' .,~,........",~....,.;...-- ,";"~",~-","......; ',,-'. >".r '" - '.' ".""iIi\! . 0 0 C) C 1'0 " s: L- "~ -OCr.: :.c>" mrr, -;z: 2:0 -'~,' in ZC- ' ~...---< crJ::" ...J :~~~, -<2 ,<:0 ;p >'0 ;3': ~~ 20 ? ;P.C -! ~ ~ c::> -< - .,:1-- iJ'l'1':"'i DAVID C. SWEIGARD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 00-514 CIVIL TERM TONYA KENDALL, Defendant : CIVIL ACTION - CUSTODY 1. (') = 0 c: r""" -n _~ s: i_ :.:;::1 vtD '~ rTlrT; Z r~l~--;; Z:C "f:';' EMERGENCY PETITION FOR VISITATION ViS: ~::'c' .........- -~>,. ,,--,' r.~~ Plaintiff petitioner is David C. Sweigard, an adult individual ~e ~de~s S;c~ 1.0 5['11 C ._ ,~--I ~ U1 ?o -< or:'" -< Defendant is Tonya Kendall, an adult individual whose residence is located at 3845 located at 2207 Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. Sullivan Street, Mechanicsburg, Cumberland County, Pennsylvania. 3, Plaintiff is the natural father of the child, Teyona Lynn Danner, 4. Defendant is the natural mother of the child, Teyona Lynn Danner. 5, The child is eight (8) years old and currently resides with Defendant at 3845 Sullivan Street, Mechanicsburg, Cumberland County, Pennsylvania, Plaintiff currently enjoys shared legal custody and partial physical custody of the 6. child. 7. away. 8. On January 2, 2002, Plaintiffs natural father and the child's natural grandfather passed Memorial services are scheduled for Monday January 7, 2002 at 7 p.m. ill Mechanicsburg, Pennsylvania. 9. Plaintiff requested a period of visitation with the child from 4:30 p,m, on January 7, 2002 until 8:30 p,m, on January 7, 2002, all transportation to be provided by Plaintiff. 10, Defendant has denied all access to the child on this date and will not permit the child to attend services for her grandfather, ;' I,; ~ -, , WHEREFORE, Petitioner respectfully requests this Court grant a period of visitation to Plaintiff from 4:30 p.rn, to 8:30 p.m. on January 7, 2002, Respectfully submitted, 01- :ti\Mz.()j~ Date ~~Q ROBERT PETE KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff . I I I VERIFI ATION I verify that the statements made in the fo egoing Emergency Petition for Visitation are true and correct. I understand that false statements ma e herein are subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authoritie . ;/7 !o Z_ Date / .. , , SHERIFF'S RETURN - REGULAR CASE NO: 2000-00514 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWEIGARD DAVID C VS KENDALL TONYA L CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within ORDER AND PETITION was served upon KENDALL TONYA L the RESPONDENT , at 1223:00 HOURS, on the 7th day of January ,2002 at 3845 SULLIVAN STREET MECHANICSBURG, PA 17055 by handing to TONYA KENDALL a true and attested copy of ORDER AND PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.50 .00 10.00 .00 34.50 ",.~~/~ R. Thomas Kline 01/08/2002 KIRSTIN SWEIGARD Sworn and Subscribed to before BY'~ De ty S eri me this II~ day of ~~~_":. /".. ..uc:v A.D. I ()~. () ~ ~J othonotary J ~~i'i'i~Illila'ilil~liHli"~_~Jlil~I>,'!!'i_"':li.>k~"~["I'."-,1!,?,(b",.,__~.l!l!liilIidilirl ,,' ~ '> -~""""~""MliiIi~~l . . > ... > 11>, rss 84 ~ ;""'" - ~~ DAVID C. SWEIGARD PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 00-514 CIVIL ACTION LAW TONYA L. KENDALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Juue 11, 2002 , 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, FA 17055 on Monday, July 01, 2002 at 8:30 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 tempormy order. AI] children age five or older may also be present at the conference. Fai]ure to appear at the conference may provide grounds for entry of a tempormy 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 schednled hearing. FOR mE COURT, By: Isl Dawn S, Sunday. Esq.lrJ;V Custody Conciliator U The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ]990, 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 TillS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlis]e, Pennsylvania 17013 Te]ephone (717) 249.3166 " F)I E' OF TL!'-'...,J.O~'OPFV'c . ','~ ..'(,,,,,-,1-'- Vj,_ , "'" ,', 'u! !-rCWOT,4RY 02 ,JUN 12 pi>1 2 ., : 09 CUIv18ER!.J~\rl (' PENNSYL('AN~UNTY & -/;2 -c:?",) ~ /;J -0..) tG /d Z?",) dvI~~~~~~ 7;~~$~ ~/U~~ ~'~ ~I!I , ,~ ,"' , ^ ,~t:'~r"" ~=,...~=~ "" -l!flI'Il'l., ,_,>,."".lW;;;;;lJ!~~~~RIRl~~tm~~ro~_ , ' ~, ~ ;j,: '0 DAVID C. SWEIGARD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . vs. : No. 00-514 Civil Term TONY A L. KENDALL Defendant : CIVIL ACTION - LAW : IN CUSTODYNISITATION ORDER OF COURT AND NOW, , upon consideration of the attached Petitionio ModilY, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, ESQ. the conciliator, at 39 West Main Street. Mechanicsburg. PA 17055 on _.J!L. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to at 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 tbe conciliator48 hours prior to scheduled hearing. FOR THE COURT; By: Custody Conciliator The Court of Common Pleas of Cwnberland County is required by law to comply with the Americans with DisabilitieS Act of 1990, For Information about ilccessible facilities and reasonable accommodations available to disahled individuals having business befure 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 1HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249.3166 ,-"--C-,f..' - ~-,.'- ~k '. . , ,," < ", ~,' :", , ,-',,' - "-" ~.-'. <<'-";".j,, "'.--.-. ,'., ~'--'-'-" <;;' ,'~ -- " -' '", ':';1", .:";'!" 0,", ',~" ';";;,'.01"", DAVID C. SWEIGARD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-514 Civil Term TONYA L. KENDALL Defendant : CIVIL ACTION - LAW : IN CUSTODY/VISITATION PLAINTIFF'S PETITION TO MODIFY CURRENT CUSTODY ORDER AND NOW, comes Petitioner, David C. Sweigard, by and through his attorney Anthony N. Thomas, Esquire, and respectfully petitions the Court as follows: 1. Petitioner is David C. Sweigard, an adult individual residing at 2207 Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Tonya L. Kendall, an adult individual residing at 3845 Sullivan Street, Mechanicsburg, Cumberland County, Pennsylvania. 3, An Order of Court was entered by the Honorable Kevin A. Hess on April 4,2000 regarding the minor child, TeyonaL. Danner, born February 17, 1993. 4. Petitioner requests that the following modifications be made to the current custody order: a. Petitioner requests three weeks custody during the summer months to be exercised non-consecutively; b. Petitioner requests that his period of custody every other weekend and holidays be extended to 9 p.m., durihg the summer months only, and that Defendant pick the minor child up at 9 p.m,; c. Petitioner requests that the Defendant refrain from disparaging Petitioner to the minor child at all times; d, Petitioner requests that the Defendant permit him telephone contact with the minor child during his non-custodial periods; e. Petitioner requests that the Defendant refrain from discouraging a relationship between Petitioner and the minor child; f Petitioner requests that the minor child undergo a psychiatric evaluation; g. Petitioner requests that Defendant participate in a parenting workshop. WHEREFORE, Petitioner respectfully requests this Honorable Court modifY the current custody order as stated above. Respectfully submitted, mas, Esquire SOCIATES 3111 N. Fr t Street Harrisburg, P A 17110 (717)541-9979 Attorney for Petitioner ," _', . - : ;,,', "";~<,-.,,,,--c, ,"""r""'."~ __".;d' .-;,--:, ,:-. oC,., ";,,,,~:,;,I;,'::,.; -,;'~-',:~-< ',','" "c:';'<'""'[' DAVID C. SWEIGARD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 00-514 Civil Term TONYA L. KENDALL Defendant : CIVIL ACTION - LAW : IN CUSTODY/VISITATION VERIFICATION I verifY that the statements made in the foregoing Petition for Modification of C>>~ody are true and correct. I understand that false statements made herein are subject to ~ penalties of 18 PAC. S. 4904 relating to unsworn falsification to authorities. ~/5 //J~ Date I I ~nJ~ C !~--:;; D C, IG~ ~~ " iiIIii IU~ ~''''''''''''- '--_Jlll"""- ~,;,...":; ," ,~ ; .. ~~-'- '."- "'; 0 l~) C f .~) () "--,-, () ~ ~:::- N ~fP .-'- ~ -,.,. .. If:- -,;--r'- I ,;'1'1 ~ " , ~;2L.. (;1". -lCJ . ' I 8 r-:...: l~ -~c) s~::c:' ~l.~" "'I, "- - - ;----')'! Zc :;-('"5 R..> ~ p ~) c C) Grn .. ~ p:: 3.-:i;; -., r=- 55 f , c:> -< f -1 ..Ii ^" .1 jhuJ W cr ,,-Lt. "I ./U,LLn ~ ~~/~ ~ ~ cL< chG/11 <#-- tJ.u-o r1 (.11- ./'U fjV-' 1..L ~cL ! I-k-:YJ 1./ j. ~. a.i--u-vL """'"" ~ ~ < "=<- ~..l.u~ i '_~, DAVID C. SWEIGARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-514 CNIL ACTION LAW TONY A L. KENDALL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13th day of November, 2002, the Conciliator, being advised by Plaintiff s counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction, FOR THE COURT, ~-krr Dawn S. Sunday, Esquire Custody Conciliator HI".". ,_ ," 't'"' "",- r: ~ j /;- (1al1w/{J!-a 1 )JCJV I r c200;;( ~ " " ~" ~ ,--, , "' ,"'"'1". ~_~Il!I'l!lllW~~"""<!I\!~"",~ ." "_""~~I",~,_!!II~~ """.~' .,"~<~ -,~~ DAVID C, SWEIGARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-514 CNIL ACTION LAW TONYA L. KENDALL, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Teyona L. Danner February 17, 1993 Mother 2, A Conciliation Conference was held on August 13, 2002, with the following individuals in attendance: The Father, David C. Sweigard, with his counsel, Anthony N, Thomas, Esquire. The Mother, Tonya L. Kendall, participated in the Conference by telephone, The Mother's counsel did not appear at the Conference due to a scheduling error. As the Conference had previously been rescheduled to the August 13, 2002 date at the request of the Mother's counsel, the Father and his counsel, having appeared at the Conciliator's office at the appointed time, were not inclined to reschedule the matter another time. Although the Mother's counsel could not be contacted by telephone, the Mother indicated that she wished to proceed with the Conference by telephone to discuss the issues being raised by the Father. 3, Although the parties were able to discuss the concerns raised by the Father during the Conference, the Mother indicated that she wished to consult with her attorney before making any decisions. Thereafter the Conciliator was advised by counsel that they were attempting to resolve the remaining issues by Stipulation between the parties and requested that the Conciliator retain jurisdiction until the Stipulation was finalized. 4. On November 13, 2002, as the Plaintiffi'Father's counsel advised that the parties have been able to finalize the written agreement resolving the outstanding custody issues, he was directed to .~ J. submit the Stipulation directly to the Court for entry as an Order, Accordingly, a proposed Order simply relinquishing jurisdiction by the Conciliator is attached. Date (~ofu.-v- Dawn S. Sunday, Esquire 0 Custody Conciliator ".,j ..~ ~ DAVID C. SWEIGARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION. LAW NO. 00-514 CIVIL TERM TONY A L KENDALL, Defendant IN CUSTODY / VISITATION PRAECIPE TO THE PROTHONTOARY: Please withdraw the custody action previously filed in this matter and suspend or terminate all prior orders of custody entered in this action, Date: /0 // 0 /03 I / ~~/~7-'-~ DAVID C. SWEIGA Plaintiff Date: \ 0 -ID-Il2, ..16)1.1 ~ ;A..K () A"lr-J c...P.i TONY A L KEN LL Defendant II . Lt"" .. ::~.' >".<~1 ':' "if COMMONWEALTH OF PENNSYLVANIA ) ( 55.: ) COUNTY OF CUMBERLAND On this, the 10 day of octo her , 2003, before me, a Notary Public, the undersigned officer, personally appeared TONY A L KENDALL known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Karen M. Yohn. Notary Public Wheatfield Twp., Perry County My Commission Expires Nov. 1. 2004 Member, Pennsylvania AsSociation of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) ( 55.: ) On this, the ---t..C.- day of (rX: }() \:7&"', 2003, before me, a Notary Public, the undersigned officer, personally appeared DAVID C. 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