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Home My WebLink About07-1179 LARRY W. SWARTZWELDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY CATHY J. REISINGER, Defendant. : NO. 0'7 -/I 7 q CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Larry W. Swartzwelder, by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Larry W. Swartzwelder, residing at 2100 Cedar Run Drive Apt. 107, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is Cathy Reisinger. She is currently homeless. 3. Plaintiff seeks primary custody of: Name Present Residence Age Justin Tyler Swartzwelder 2100 Cedar Run Drive Apt.107 Camp Hill, P A 17011 16 (D.O.B. 12/11/90) The child was born in wedlock. The child is presently in the custody of Larry W. Swartzwelder, who resides at 2100 Cedar Run Drive Apt. 107 Camp Hill, P A 17011. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Cathy J. Reisinger 25 Old Stone House Road South Carlisle, P A 17013 1 % 1-8/06 Larry W. Swartzwelder 2100 Cedar Run Drive Apt. 107 Camp Hill, PA 17011 8/06-present The mother of the child is Cathy J. Reisinger. She is married. 1------ The father of the child is Larry W. Swartzwelder. He is divorced. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Relationship Justin Tyler Swartzwelder Son 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship 6. Plaintiff has participated as a party in other litigation concerning the custody of the child in this or another court. In 1996, the parties entered into a marital settlement agreement whereby both parties share legal custody of child and primary custody was given to Mother, subject to liberal visitation in Father at such times and places as they may agree between them. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiff has permitted contact between Defendant and the child and will continue to do so; c. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him shared legal custody and primary physical custody of the child, with the mother having periods of partial custody. Respectfully submitted, Date: j / S /C7 I I ~--- Irene Hwang Certified Legal Intern fJlL . t / 1Ld://U:tW'L THOM S M. PLACE d ROBERT E. RAINS LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. ~w.JL+~ Larry . Swartzwelder \,-\ ~ ~ n ~; ......, c':) t:::::.") -.....J o ,., --i ::r:...... n1 -'-' r -01'1"1 _,)CJ , T '--:Cl ro' "'T. <":') =j, ~~f~ c,;'> _:0 -< -":""~ ~;:; :;.u , ui "L" =e: N .. .- .... -..l LARRYW. SWARTZWELDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN CUSTODY ; NO. 07- nil CIVIL TERM CATHY J. REISINGER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Larry W. Swartzwelder, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date ~515JJ1 I f Respectfully submitted, ue2~ Certified Legal Intern f!1U{}(}A iiM#'~ _ ROBER<t E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 717-243-3639 ,..,.., c::::, <:::::> "-...J ........... ->';;.. :J::". ;;;0 I CJ"; o "'1 5! r-'1 'Il t;:=:.::, ""Cl rT1 .'r)c, '...),..L ~ ' :- t.~) ~~. -':0 ."'" -0 ~ r:-:> .... ,,.. "'"'-J LARRY W. SWARTZWELDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY ; NO. () 7- J /11 CIVIL TERM CATHY 1. REISINGER, Defendant. CUSTODY AGREEMENT THIS AGREEMENT, made this .5t.day of Yh Arcl1 ,2007, between Larry W. Swartzwelder, hereinafter Father, and Cathy Reisinger, hereinafter Mother, concerns the custody of their child: Justin Tyler Swartzwelder, born December 11, 1990. Father and Mother desire to enter into an agreement as to the custody of the child. Father and Mother agree to the following. 1. Father and Mother shall share legal custody of the child. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody of the child as the parties may agree. 4. Father and Mother will agree upon drop off and pick up times and locations. 5. Father and Mother will agree upon a holiday schedule for the child. 6. Father and Mother will notify each other of all medical care the child receives while in the custodial parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 7. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. Mother acknowledges that the Family Law Clinic represented only Father's interest in this matter and has given her no legal advice other than that she should seek the advice of legal counsel. 9. The parties intend to be bound by the terms ofthis agreement and intend for this Agreement to be made an Order of Court. ~~.~~ L~. Swartzwelder, Plaintiff lreS?::6- Certified Legal Intern Counsel for Plaintiff ~d fit114~~ ROB T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH MEGAN RIESMEYER Counsel for Plaintiff F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 Fax (717)243-3639 '-\ \\ ~ Q c. I'--.) C::) <:::;:) -..I o ., ~ f11 FJ "TJ{Tl ~:]~~ .~-j ::1) .;>,() L:sr"rl -,~~ ;r;;:' .n .< :r~: :-1:.;;p:I '."~':'" .-v I Ul -a 1",,) ~C- Q.) .' ..... ) MAR I) 'I 2007 t?' I LARRY W. SWARTZWELDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY ;NO.D7-Jl71 CATHY J. REISINGER, Defendant. CIVIL TERM ORDER OF COURT AND NOW, this 1 t-- day of ~ , 2007, as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: Father, Larry W. Swartzwelder and Mother, Cathy J. Reisinger are the natural parents of the minor child, Justin Tyler Swartzwelder, born December 11, 1990. 1. F ather and Mother shall share legal custody of the child. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody of the child as the parties may agree. 4. Father and Mother will agree upon drop off and pick up times and locations. 5. Father and Mother will agree upon a holiday schedule for the child. 6. Father and Mother will notify each other of all medical care the child receives while in the custodial parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 7. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development ofthe child's love and respect for the other parent. 8. Mother acknowledges that the Family Law Clinic represented only Father's interest in this matter and has given her no legal advice other than that she should seek the advice of legal counsel. 9. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. J. Cc: Irene Hwang, Certified Legal Intern Family Law Clinic Attorney for Father :~/;n8 12 :2 Hd 6- gVI~ LGOl ), W'\1 i. ()! (; .. i .',<; >: :1!J: ../0 .,U~.....\..-j ~,,-," ;~I.-\_""""_ ....Ji-U_ --'-,' 1 ~ ,........... r'~...l-~l t