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HomeMy WebLinkAbout01-5851LAIty B. SWICK, Plaintiff ¥. LINDA L. SWICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA NO. 01- 8 1 CIVIL ACTION. LAW IN CUSTODY YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money c/aimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE NOT HAVE TH/S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF/CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATiON 2 LIBERTY AVENUE CARLISLE, pA 17013 (717) 249-3166 n e ~,~o~u~,u~ mas aoelante en las siguientes paginas, debe tomar accion dentro proximos veinte (20) dias despues de la nofificacion de esta Demanda y Aviso radicando personalmente o pot medio de un abogado una comparecencia escrita y radicando de los escrito sus defensas de, y objecciones a, las demandas presentadas · en la Corte pot advierte de que si usted falla de t ,-- ..... :- . aqul en contra su a. Se le o...,.. ,~u~on co .... y proceder sin usted y ,,,,, ~e aescnbe anteriormente, el caso puede otra reclamacion o remedio solicitado pot el demandante puede un fall pot cualquier suma de dinero reclamada en la demanda o cualquier ser dictado en contra suya pot la Corte sin mas aviso adicional. Used puede perrier dinero o propiedad u otros derechos importantes para usted. USTED DEBE uLsL~i~DARN_ ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI ~ NO TIENE UN ABOGADO O NO A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA PUEDE PAGARLE PUEDE ENCONTRAR ASISTENCIA LEGAL. AVERIGUAR DONDE CUMBERLAND COUNT BAR ASSOC/ATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICAN WITH DI ABILITIES 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 assessable facilities and reasonable accommodations available to disable individuals having business before thc Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before thc Court. You must attend the scheduled conference or hearing. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LARRy B. swicK, Plaintiff V. LINDA L. SWlciL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : CIVIL ACTION. LAW : IN CUSTODY -C~OMPLAINT FOR CUSTODY 1. The Plaintiff is Larry B. Swick, an adult individual who resides at 800 York Road, Lot 295, Dover, York County, Pennsylvania, 17315. 2. The Defendant is Linda L. Swick an adult individual who resides at 1518 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The Plaintiff seeks custody of the following children: ~ Date of Birth ~.g Larry Chad Swick 1/30/89 12 Megan Sara Swick 5/15/91 10 The children are presently in the physical custody of their Mother, who resides at the address above. The children were born in wedlock. 4. During the past five years the children have lived with the following persons at the following addresses: ao With Mother and Mother's boyfriend 1518 Brandt Avenue New Cumberland, PA 5. The Mother of the children is Linda L. Swick, currently residing at 1518 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania. Her marital status is divorced. o Road, Lot 295, Dover, York County, Pennsylvania. 7. The relationship of the Plaintiff to the children is that of Father. currently resides alone. The Father of the children is Larry B. Swick, currently residing at 800 York Plaintiff 8. The relationship of the Defendant to the children is that of Mother. Defendant currently resides with the following persons: Larry Chad Swick Megan Sara Swick Son Steve Daughter ~ Boyfriend Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of the custody proceedings of the children pending in a Court of this Cornmonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff desires to establish a more consistent schedule of partial physical custody. b. Plaintiff is willing and able to continue to provide proper care and supervision of the children. c. Plaintiff can provide a stable and loving environment to the children. 10. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the children to the Defendant with liberal visitation with the Plaintiff and shared legal custody of the children to both parties. Respectfully Submitted, Dated: _ hg/g/O / ,/ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 LARRY B. SWICK, Plaintiff LINDA L. SWICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I 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. Larry B~"~wick Date: LARRY B. SWICK PLAINTIFF : 1N THE cOURT OF COMMON PLEAS OF : CUMBERLAND coUNTY, PENNSYLVANIA : 01-5851 CIVIL ACTION LAW LINDA L. SWICK DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Friday, October 12, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greev~, Esq. , the conciliator, at214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Wednesday, November 14, 2001 at 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 THE cOURT, By: ~si Melissa P. Greevv. Esa. 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 busines~ before the court, please co!atact our office. All arrangements must be made at le'ast 7~ hours prior to an~ h~afing 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 THE 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 DEC 0 $ ZOO! LARRY B. SWICK, : Plaintiff : : VS. .' , LINDA L. SWICK, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5851 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this I, ['[~ day of December, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. Larry B. Swick and Linda L. Swick shall have shared legal custody of the minor Children, Larry Chad Swick, born January 30, 1989, and Megan Sara Swick, born May 15, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. EJzys~J~ZS~. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: To commence November 30, 2001, from Friday after school until Sunday at 6:00 p.m., one weekend of four weekends. Weekends shall be considered to commence on Fridays. Mother shall have custody for the remaining three of four weekends. During Father's weekend period of custody, Father shall supervise the homework to ensure that the homework is completed appropriately and shall provide the evening meal prior to the end of his period of custody. No. 01-5851 - Civil Term Effective November 27, 2001, Father shall have custody of Chad from Tuesday after school until Friday morning when Chad is returned to school. Each Wednesday from after school until 8:00 p.m., Father shall have custody of Megan. D. And at other such times as the parties may agree. 3. Transoortatior~. Father shall provide transportation at the beginning of his periods of custody for the weekend and all transportation incident to his periods of custody during the weekdays. Mother shall provide transportation at the end of Father's custodial weekend. 4. Holidays. Mother shall have custody for the following Monday holidays: President's Day, Memorial Day, Veterans Day, and Columbus Day. Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. In odd-numbered years, Father shall have custody on Independence Day from 9:00 a.m. until 10:00 p.m., and Christmas Eve from after school until Noon on Christmas Day. In odd-numbered years Mother shall additionally have custody for Thanksgiving Day from 9:00 a.m. until 8:00 p.m., Christmas Day from Noon until 8:00 p.m., and New Year's Eve from 5:00 p.m. until Noon New Year's Day. In even-numbered years, Father will have custody for New Year's Day Noon until 8:00 p.m.; Easter weekend from Friday at 5:00 p.m. until Sunday at 8:00 p.m.; Father's Day from 9:00 a.m. until 8:00 p.m.; Labor Day from Friday after school until Monday at 8:00 p.m.; Thanksgiving Day from 9:00 a.m. until 8:00 p.m.; Christmas Eve from after school until 9:00 p.m.; and New Year's Day from 5:00 p.m. overnight until Noon New Year's Day. In even- numbered years, Mother will have holiday custody for Mother's Day from 9:00 a.m. until 8:00 p.m.; Memorial Day weekend from Friday after school until Monday at 8:00 p.m.; Independence Day from 9:00 a.m. until 10:00 p.m.; and Christmas Eve from 9:00 p.m. overnight until 8:00 p.m. Christmas Day. 5. Summer: With the exception of the weeks when the Children attend Scouting Camp, the parties shall share physical custody of the Children during the summer equally. This shall be arranged in a two-week on/two-week off sequence with Mother having the first two weeks of the summer to be effective the Friday that school ends or the first Friday after school ends. However, in years when summer recess begins on a Friday, such as this year, Mother's first two custodial weeks for the present school year shall commence on the day school is recessed, i.e. June 7, 2002 for the present school year. During the time when Mother and Megan are at Scout Camp, Chad shall be in the custody of Father. No. 01-5851 6. In the event either party is unavailable to provide care for the Children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Children before contacting third-party care givers. The parent who has been contacted and offered the first right of refusal for the care and custody of the Children shall respond to that request within forty-eight hours. Otherwise, the other parent is free to make other arrangements for the care and custody of the Children during that time. 7. The non-custodial parent shall be entitled to liberal but reasonable telephone access with the Children. 8. This Order is temporary in nature. The parties may vary its terms by their mutual agreement. In the event that they cannot agree, the terms of this Order shall control. Dist: BY THE COURT, Marianne E. Rudebusch, Esquire, 8455 Sir Thomas Court, Harrisburg, PA 17109 ~___.~ Mary Lou aatas, Esquire, 200 North Hanover Street Carlisle, PA 17013 ~ ~.'~ ~' LARRY B. SWlCK, Plaintiff : : vs. : NO. 01-5851 : : CIVIL ACTION - LAW Defendant : CUSTODY LINDA L. SWICK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 Children who are the subject of this litigation is as follows: ATE~RTH CURRENTLY IN CUSTODY OF Larry Chad Swick Megan Sara Swick January 30, 1989 May 15, 1991 Mother Mother 2. A Custody Conciliation Conference was held on November 14, 2001, with the following individuals in attendance: the Father, Larry B. Swick, and his counsel, Marianne E. Rudebusch, Esquire; the Mother, Linda L. Swick, and her counsel, Mary Lou Matas, Esquire. Date The parties reached an agreement in the form of an Order as attached. Melissa Peel Greevy, ~-squire / Custody Conciliator LARRY B. SWICK, Plaintiff LINDA L. SWICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERI,AND COUNTY, PENNSYLVANIA : : NO. 01-5851 : CIVIL ACTION - LAW : IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including visitation of your children. 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 COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan mas adelante en las siguientes paginas, debe tomar a¢cion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte pot escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fall pot cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado pot el demandante puede set dictado en contra suya pot la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES 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 assessable facilities and reasonable accommodations available to disable 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. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LARRY B. SWICK, Plaintiff Ye LINDA L. SWICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERI,AND COUNTY, PENNSYLVANIA : : NO. 01-5851 : : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Plaintiff is Larry B. Swick, an adult individual who resides at 800 York Road, Lot 295, Dover, York County, Pennsylvania, 17315. 2. The Defendant is Linda L. Swick an adult individual who resides at 1518 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The Plaintiff seeks to modification of the existing Custody Order of the following child: Name Date of Birth ~ Larry Chad Swick 1/30/89 12 4. The existing Custody Order dated 12/11/01 gives Mother primary physical custody of the parties children. Said Custody Order is attached hereto as Exhibit A. 5. Plaintiff/Father desires primary physical custody of the parties' son, Larry Chad Swick. WHEREFORE, Plaintiff requests that this matter be scheduled before a Custody Conciliator. Respectfully Submitted, Dated: q-~///, ~0 ~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 LARRY B. SWICK, Plaintiff Vo LINDA L. SWICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-$851 : CIVIL ACTION - LAW : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I 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. Larry B. 8~ick - Date: Exhibit A LARRY B. SWICK, VS. LINDA L. SWICK, Plaintiff Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5851 CIVIL ACTION - LAW CUSTODY ORDER OF COURT ~s I day of December, 2001, upon consideration AND NOW, th' _ I ~_ .... ;_ ,.A.~.,, ,,rdered and directed as of the follows: attached Custody Conciliation ~summary Kepor[, B Swick and Linda L. Swick shall have shared legal custody 1. ~l,J.~. L~r~ry_u ~ ,i~-~' hnrn January 30, 1989, and Megan Sara Swick, born of the minor Children, Larry ~,nau May 15, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete infori~;ation from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. ~..,~[~~' Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence November 30, 2001, from Friday after school until Sunday at 6:00 p.m., one weekend of four weekends. Weekends. shall be considered to commence on Fridays. Mother shall have'custody for the remaining three of four weekends. During Father's weekend period of custody, Father shall supervise the homework to ensure that the homework is completed appropriately and shall provide the evening meal prior to the end of his period of custody. ( No. 01-5851 - Civil Term B. Effective November 27, 2001, Father shall have custody of Chad from Tuesday after school until Friday morning when Chad is returned to school. C. Each Wednesday from after school until 8:00 p.m., Father shall have custody of Megan. D. And at other such times as the parties may agree. · ather shall provide transportation at the beginning of his periods 3. ~.J~[J~J~- .F ......... -,-*~,-,, ~-cident to his periods of custody .durin, g the of cust_o.d._Y for the wehe~Kl~nn~rl3av.?~ all trn~3~)~Uat~ ~;~,n~a"t't'~e end of Father's custodial weal(eno. weekdays. Mother s ..... ,- ..... e tra _ 4. J:LQJJ.~[~.~. Mother shall have custody for the following Monday holidays: President's Day, Memorial Day, Veterans Day, and Columbus Day. Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. , In odd-numbered years, Father shall have custody on Independence Day from 9:00 a.m. until 10:00 p.m., and Christmas Eve from after school until Noon on Christmas Day. In odd-numbered years Mother shall additionally have custody for Thanksgiving Day from 9:00 a.m. until 8:00 p.m., Christmas Day from Noon until 8:00 p.m., and New Year's Eve from 5:00 p.m. until Noon New year's Day. In even-numbered years, Father will have custody for New Year's Day Noon until 8:00 p.m.; Easter weekend from Friday at 5;00 p.m. until Sunday at 8:00 p.m.; Father's Day from 9:00 a.m. until 8:00 p.m.; Labor Day from Friday after school until Monday at 8:00 p.m.; Thanksgiving Day from 9:00 a.m. until 8:00 p.m.; Christmas Eve from after school until 9:00 p.m.; and New Year's Day from 5:00 p.m. overnight until Noon New Year's Day. In even- numbered years, Mother will have holiday custody for Mother's Day from 9:00 a.m. until 8:00 p.m.; Memorial Day weekend from Friday after school until Monday at 8:00 p.m.; Independence Day from 9:00 a.m. until 10:00 p.m.; and Christmas Eve from 9:00 p.m. overnight until 8:00 p.m. Christmas Day. 5. ~j_m_.~__~: With the exception of the weeks when the Children attend Scouting Camp, the parties shall share physical custody of the Children during the summer equally. This shall be arranged in a two-week on/two-week off sequence with Mother having the first two weeks of the summer to be effective the Friday that school ends or the first F~iday after school ends. However, in years when summer recess begins on a Friday, such as this year, Mother's first two custodial weeks for the present school year shall commence on the day school is recessed, i.e. June 7, 2002 for the present school year. During the time when Mother and Megan are at Scout Camp, Chad shall be in the custody of Father. No. 01-5851 vent either arty is unavailable to provide care for the Children during his or 6.. In. the ,ew, .L_. __p.,.a....o, first make a reasonable effort to contact the other party her period oi' custoay, thai p~ ~y o,,~,,, to offer the parent the opportunity to provide care for the Children before contacting third-party arent who has been contacted and offered the first right of refusal for the care givers. Th.e p ........... ,, ...... -~ *,~ at renuest within forty eight hours care and custody ot tne Unllaren s[iun [==1~,-,~ --, th -, - ' Othe~vise, the other parent is free to make other arrangements for the care and custody of the Children during that time. 7. The non-custodial parent shall be entitled to liberal but reasonable telephone access with the Children. 8, This Order is temporary in nature. The parties may vary its terms by their mutual agreement. In the event that they cannot agree, the terms of this Order shall control. BY THE COURT, Dist: Marianne E. Rudebusch, Esquire, 8455 Sir Thomas Court, Harrisburg, PA 17109 Mary Lou Matas, Esquire, 200 North Hanover Street Carlisle. PA 17013 · ~,~ CO?Y FROM RECORD In T~"~ny wh~.r~:~, 1 here unto set my hand and ::',/~.,e~J o[ sa~d~c~;Ft~t Carli[le, Pa. { LARRY B. SWICK, rS, LINDA L. SWICK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5851 CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: Larry Chad Swick Megan Sara Swick January 30, 1989 May 15, 1991 CURRENTLY IN-CUSTODY OF Mother Mother 2. A Custody Conciliation Conference was held on November 14, 2001, with the following individuals in attendance: the Father, Larry B. Swick, and his counsel, Marianne E. Rudebusch, Esquire; the Mother, Linda L. Swick, and her counsel, Mary Lou Matas, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Date Custody Conciliator ; LARRY B. SWICK PLAINTIFF LINDA L. SWICK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 01-5851 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Thursday, August 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Est1. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 27, 2002 at 12:30 .&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 THE COURT, By: /s/ Melissa P. Greew. Esa.\~,~- 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 HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SEP O 9 200~ LARRY B. SWlCK, LINDA L. SWICK, OLER, J.--- Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5851 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this !Z3~Ig~ day of September, 2002, upon consideration of the attached Custody Conciliation 'Summary Report, it is hereby ordered and directed as follows: 1. ~g~;~. Larry B. Swick and Linda L. Swick shall have shared legal custody of the minor Children, Larry Chad Swick, born January 30, 1989, and Megan Sam Swick, born May 15, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical / treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence August 30, 2002, Father shall have custody for Friday after school until Sunday at 7:00 p.m. NO. 01-5851 CIVIL TERM Then to commence September 7, 2002, on alternating weekends, from Friday after school until 7:00 p.m. Sunday. In the event that a Monday after Father's custodial weekend is a school holiday, Father shall have the option of extending his custodial weekend to 5:00 p.m. on the Monday holiday. B. Each Wednesday after school until 8:30 p.m. C. During Father's weekend period of custody, Father shall supervise the homework to ensure that the homework is completed appropriately. Father shall provide the evening meal prior to the end of his period of custody. 3. ~. Father shall provide transportation in the commencement of his periods of weekend and Wednesday custody. Mother shall pick the children up at the beginning of her periods of custody on a Wednesday evening and the ending of Father's custodial weekends. On Father's Wednesday evening periods of custody, he shall pick up the Children from Mother's residence. In the event that the parent pick up the Children is more than one hour late for the commencement of their custodial period, the parent who is waiting for the custodial exchange may leave without further delay. In the event that a parent will be more than ten (10) minutes late for the custodial exchange, reasonable attempts to notify the other parent shall be made. In the event that Chad has hockey on Sundays, Father may elect to extend his custodial time with Chad by returning him to school on the Monday morning following his custodial weekend. Father shall share the hockey schedule with Mother in order that she will know when Chad's games occur and to facilitate arrangements for her to pick up Megan at the end of Father's custodial weekends from the hockey rink or other designated location. 4. Holidays. In odd-numbered years, Father shall have custody on Independence Day from 9:00 a.m. until 10:00 p.m. and Christmas Eve from after school until Noon on Christmas Day. In odd-numbered years, Mother shall additionally have custody for Thanksgiving Day from 9:00 a.m. until Monday at 5:00 p.m.; Christmas Day from Noon until 8:00 p.m., and New Year's Eve from 5:00 p.m. until Noon New Year's Day. When Father has the Thanksgiving holiday, Father will return Chad to Mother at 7:00 p.m. Sunday. In even-numbered years, Father will have custody for New Year's Day Noon until 8:00 p.m.; Easter weekend from Friday at 5:00 p.m. until Saturday at 8:00 p.m.; Labor Day from Friday after school until Monday at 8:00 p.m.; Thanksgiving Day from 9:00 a.m. until 8:00 p.m.; Christmas Eve from after school until 9:00 p.m.; and New Year's Day from 5:00 p.m. overnight until Noon New Year's Day. In even-numbered years, Mother will have holiday custody for Memorial Day weekend from Friday after school until Monday at 8:00 p.m.; Independence Day from 9:00 a.m. until 10:00 p.m.; and Christmas Eve from 9:00 p.m. overnight until 8:00 p.m. Christmas Day. NO. 01-5851 CIVIL TERM Mother shall have custody for Mother's Day. Father shall custody for Father's Day. The period of custody for Mother's Day and Father's Day shall be from 9:00 a.m. until 8:00 p.m. 5. Summer. With the exception of the weeks when the Children attend Scouting Camp, the parties shall share physical custody of the Children during the summer equally. This shall be arranged in a two-week on/two-week off sequence with Mother having the first two (2) weeks of the summer to be effective the Friday that school ends or the first Friday after school ends. However, in years when summer recess begins on a Friday, Mother's first two (2) custodial weeks shall commence on the day school is recessed for the present school year. During the time when Mother and Megan are a Scout Camp, Father shall have custody of Chad. 6. In the event that either party is unavailable to provide care for the Children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Children before contacting third-party care givers. The parent who has been contacted and offered the first right of refusal for the care and custody of the Children shall respond to that request within forty-eight (48) hours. Otherwise, the other parent is free to make other arrangements for the care and custody of the Children during that time. 7. The non-custodial parent shall be entitled to liberal but reasonable telephone access with the Children. 8. Within one week of the receipt of the Conciliator's report and Order of Court, each party shall contact guidance associates to arrange an appointment with Dr. Stanley Schneider to begin the process of an independent custody evaluation. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Schneider and costs be born equally by the parties. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties.. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. BY THE COURT: Dist.: .~arianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 ,~iane G. Radcliff, Esquire, 3488 Trindle Road, Camp Hill, PA 17011, SEP 0 ~ ~00~ LARRY B. SWlCK, LINDA L. SWICK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5851 CIVIL TERM 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 children who are the subject of this litigation is as follows: NAME Larry Chad Swick January 30, 1989 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on August 27, 2002 pursuant to Father's Petition to Modify Custody which was filed on July 24, 2002. The existing Order of December 11, 2001 gives Mother primary physical custody. Present for the conference were the Father, Larry B. Swick, and his counsel, Marianne E. Rudebusch, Esquire; the Mother, Linda L. Swick, and her counsel, Diane G. Radcliff, Esquire. 3. Father is seeking primary physical custody because he says the Child does better when he is in his Father's care, is less frequently tardy and less frequently requiring detention at school. 4. Mother reports that the Child is continuing to struggle in school and was required to do more work over the summer to try to remediate some of his poor academic performance last school year· Mother complains that the existing Order is not working because of the changes in Father's work schedule· She expressed concerned that Father is allowing the Child to remain home at night while he works (12:00 midnight to 1:00 p.m.) without any other adult supervision. 5. The parties did not reach an agreement as to the modification of the Custody Order with regard to the parties' Child, Larry Chad Swick. However, they did agree to some interim changes to the Order and a custody evaluation. The Conciliator certainly believes NO. 01-5851 CIVIL TERM the custody evaluation is an excellent idea in light of the Child's continued struggles in school and the ongoing conflict between the parents that persists in spite of rather lengthy period of time since their separation. Date Melissa Peel Greevy, Esquire Custody Conciliator :162373 LARRY B. SWlCK, LINDA L. SWICK, OLER, J.--- Plaintiff Defendant ' OC~ 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5851 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY O.DE. OF COU.T AND NOW, this ? ~t~ day of ,-/~/_ ~-o ~ c_)- , 2002, upon consideration of the attached Custody Conc~iiafion Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. Larry B. Swick and Linde L. Swick shall have shared legal custody of the minor Children, Larry Chad Swick, born January 30, 1989, and Megan Sara Swick, born May 15, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical / treatment planning meetings and evaluations .with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence August 30, 2002, Father shall have custody for Friday after school until SUnday at 7:00 p.m. NO. 01-5851 CIVIL TERM Then to commence September 7, 2002, on alternating weekends, from Friday after school until 7:00 p.m. Sunday. In the event that a Monday after Father's custodial weekend is a school holiday, Father shall have the option of extending his custodial weekend to 5:00 p.m. on the Monday holiday. B. Each Wednesday after school until 8:30 p.m. C. During Father's weekend period of custody, Father shall supervisethe homework to ensure that the homework is completed appropriately. Father shall provide the evening meal prior to the end of his period of custody. 3. Transportation. Father shall provide transportation in the commencement of his periods of weekend and Wednesday custody. Mother shall pick the children up at the beginning of her periods of custody on a Wednesday evening and the ending of Father's custodial weekends. On Father's Wednesday evening periods of custody, he shall pick up the Children from Mother's residence. In the event that the parent pick up the Children is more than one hour late for the commencement of their custodial period, the parent who is waiting for the custodial exchange may leave without further delay. In the event that a parent will be more than ten (10) minutes late for the custodial exchange, reasonable attempts to notify the other parent shall be made. In the event that Chad has hockey on Sundays, Father may elect to extend his custodial time with Chad by returning him to school on the Monday morning following his custodial weekend. Father shall share the hockey schedule with Mother in order that she will know when Chad's games occur and to facilitate arrangements for her to pick up Megan at the end of Father's custodial weekends from the hockey rink or other designated location. 4. Holidays. In odd-numbered years, Father shall have custody on Independence Day from 9:00 a.m. until 10:00 p.m. and Christmas Eve from after school until Noon on Christmas Day. In odd-numbered years, Mother shall additionally have custody for Thanksgiving Day from 9:00 a.m. until Monday at 5:00 p.m.; Christmas Day from Noon until 8:00 p.m., and New Year's Eve from 5:00 p.m. until Noon New Year's Day. When Father has the Thanksgiving holiday, Father will return Chad to Mother at 7:00 p.m. Sunday. In even-numbered years, Father will have custody for New Year's Day Noon until 8:00 p.m.; Easter weekend from Friday at 5:00 p.m. until Saturday at 8:00 p.m.; Labor Day from Friday after school until Monday at 8:00 p.m.; Thanksgiving Day from 9:00 a.m. until 8:00 p.m.; Christmas Eve from after school until 9:00 p.m.; and New Year's Day from 5:00 p.m. overnight until Noon New Year's Day. In even-numbered years, Mother will have holiday custody for Memorial Day weekend from Friday after school until Monday at NO. 01-5851 CIVIL TERM 8:00 p.m.; Independence Day from 9:00 a.m. until 10:00 p.m.; and Christmas Eve from 9:00 p.m. overnight until 8:00 p.m. Christmas Day. Mother shall have custody for Mother's Day. Father shall custody for Father's Day. The period of custody for Mother's Day and Father's Day shall be from 9:00 a.m. until 8:00 p.m. 5. Summer. With the exception of the weeks when the Children attend Scouting Camp, the parties shall share physical custody of the Children during the summer equally. This shall be arranged in a two-week on/two-week off sequence with Mother having the first two (2) weeks of the summer to be effective the Friday that school ends or the first Friday after school ends. However, in years when summer recess begins on a Friday, Mother's first two (2) custodial weeks shall commence on the day school is recessed for the present school year. During the time when Mother and Megan are a Scout Camp, Father shall have custody of Chad. 6. In the event that either party is unavailable to provide care for the Children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Children before contacting third-party care givers. The parent who has been contacted and offered the first right of refusal for the care and custody of the Children shall respond to that request within forty-eight (48) hours. Otherwise, the other parent is free to make other arrangements for the care and custody of the Children during that time. The minor children shall not be left without adult supervision for a time of greater than two (2) hours. An arrangement wherein an adult periodically checks in on the Children shall not be deemed adequate supervision of the children by the parents. 7. The non-custodial parent shall be entitled to liberal but reasonable telephone access with the Children. 8. Within one week of the receipt of the Conciliator's report and Order of Court, each party shall contact guidance associates to arrange an appointment with Dr. Stanley Schneider to begin the process of an independent custody evaluation. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Schneider and costs be born equally by the parties. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and NO. 01-5851 CIVIL TERM psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. BY THE COURT: j.~sle, Oler, j. ~../ Dist.: Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 LARRY B. SWlCK, LINDA L. SWICK, Plaintiff Defendant OCT 2 9 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5851 CIVIL TERM 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 children who are the subject of this litigation is as follows: NAME Larry Chad Swick Megan Sara Swick DATE OF BIRTH January 30, 1989 May 15, 1991 CURRENTLY IN THE CUSTODY OF Mother Mother 2. Subsequent to the Custody Conciliation Conference of August 27, 2002, counsel agreed to a modification and clarification of language contained in Paragraph 6. Therefore, an amended Order is provided to the Court reflecting the agreements made by the parties through counsel. The Order parties intend that the Order shall continue to be interim in nature while Schneider. Date they go through the p~f a custody evaluation with Dr. Melissa Peel Gree~vy, Esquire Custody Conciliator :162373v2