HomeMy WebLinkAbout01-05851
LARRY B. SWICK
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
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. Greevy, Esq. , the conciliator,
at 214 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
ifthis 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: Is!
Melissa P. Greevy. Esq. ~
Custody Conciliator
The Court ofComm<)ll Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act 0{1990. For inf<lnnaticiti 'ihout accessible facilities and reasonable accommodations
available to disabl~d individuals having business before the court, please cO!1tact our office. All arrangements
must be made at least 7'2 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
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5'85't ~ I~
LARRY B. SWICK,
Plaintiff
LINDA L. SWICK,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby directed that the
parties and their respective counsel appear before
, the Conciliator, on the
day of
, 2001 at
o'clock
.m., at
, Cumberland County, Pennsylvania, for a
Custody Conciliation. 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
enterinto a Temporary Order. Failure to appear at the Conference may provide grounds for the entry
of a temporary or permanent Order.
BY THE COURT:
Date of Order:
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 COUNT BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
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LARRY B. SWICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
; NO. ()/-585/ CivIl
LINDA L. SWICK,
Defendant
: 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.
YOU SHOULD TAKE THIS PAPER TO YOURLAWYJERAT 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, P A 17013
(717) 249-3166
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USTED HA smo DEMANDADO/A EN CORTE. Se usted desea defenderse de las
demandas que se prsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fall par cualquier suma de dinero rec1amada en la demanda 0 cualquier
otra rec1amacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE
A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL.
CUMBERLAND COUNT BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
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 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, P A 17013
(717) 249-3166
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v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
; NO. 01-5 '161 Cu.xJ lJUA-
LARRY B. SWICK,
Plaintiff
LINDA L. SWICK,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
COMPLAINT 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:
Name
Date of Birth
Age
Larry Chad Swick
Megan Sara Swick
1/30/89
5/15/91
12
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:
a. With Mother and Mother's boyfriend
1518 Brandt Avenue
New Cumberland, PA
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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.
6. The Father of the children is Larry B. Swick, currently residing at 800 York
Road, Lot 295, Dover, York County, Pennsylvania.
7. The relationship of the Plaintiff to the children is that of Father. Plaintiff
currently resides alone.
8. The relationship of the Defendant to the children is that of Mother. Defendant
currently resides with the following persons:
Name
Relationship
Larry Chad Swick
Megan Sara Swick
Steve
Son
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 Commonwealth.
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.
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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,
~~ P flouG~~
Marianne E. Rudebusch, Esquire
4711 Locust Lane
Harrisburg, PA 17109
(717) 657-0632
Id. No. 63522
Dated:
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LARRY B. SWICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
LINDA L. SWICK,
Defendant
: 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.
By:;e~ z5 ~~
Larry . wick
Date: II - J - 0/
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 01-5851
LARRY B. SWICK,
vs,
Defendant
CIVIL ACTION - LAW
CUSTODY
LINDA L. SWICK,
ORDER OF COURT
AND NOW, this II it day of December, 2001, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Leqal 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. 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 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,
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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 \,mtil 8:00 p,m., Father shall have
custody of Megan.
D. And at other such times as the parties may agree.
3. Transportation. 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 8:00p.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.
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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.
BY THE COURT,
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LARRY B. SWICK,
vs.
NO. 01-5851
Defendant
CIVIL ACTION - LAW
CUSTODY
LINDA L. SWICK,
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
DATE OF BIRTH
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,
3. The parties reached an agreement in the form of an Order as attached.
Date
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PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LARRY B, SWICK
v,
01-5851 CIVIL ACTION LAW
LINDA L. SWICK
DEFENDANT
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, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 27, 2002 at 12:30.,o\M-\>r
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 aU existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Esq'r
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
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LARRY B. SWICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5851
LINDA L. SWICK,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
,
AND NOW, upon consideration of the attached Complaint, it is hereby directed that the
parties and their respective counsel appear before
, the Conciliator, on the
day of
, 2002 at
o'clock
.m., at
, Cumberland County, Pennsylvania, for a
Custody Conciliation. At such Conference an effort will be made to resolve the issues in dispute;
or if this cannot be accomplished, to defme and narrow the issues to be heard by the Court, and to
enter into a Temporary Order. Failure to appear at the Conference may provide grounds for the entry
of a temporary or permanent Order.
BY TIIE COURT:
Date of Order:
By:
Custody Conciliator
YOU SHOULD TAKE TillS 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
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LARRY B. SWICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERIANDCOUNTY,PENNSYLVANIA
v.
: NO. 01-5851
LINDA L. SWICK,
Defendant
: 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, P A 17013
(717) 249-3166
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A VISO
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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 accion dentro de los
proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fall por cualquier suma de dinero reclamada en la demanda 0 cualquier
otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE
A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL.
CUMBERLAND COUNT BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
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 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, P A 17013
(717) 249-3166
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LARRY B. SWICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5851
,
LINDA L. SWICK,
Defendant
: 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
Age
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.
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WHEREFORE, Plaintiff requests that this matter be scheduled before a Custody
Conciliator.
Respectfully Submitted,
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Marianne E. Rudebusch, Esquire
4711 Locust Lane
Harrisburg, PA 17109
(717) 657-0632
Id. No. 63522
Dated:
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LARRY B. SWICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5851
LINDA L. SWICK,
Defendant
: 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.
BY:Y~ ~
Larry B. ick
Date: 7 Ilia /0';).-
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Exhibit A
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IN THE COURT OF COMMON j{~~tfJc,~"''J '
CUMBERLAND COUNTY, PENNSYLVANIA
~
LARRY B. SWICK,
vs.
NO. 01-5851
Defendant
CIVIL ACTION - LAW
CUSTODY
LINDA L. SWICK,
ORDER OF COURT
AND NOW, this -115. 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. 9 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 parentshall 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 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~ustody 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.
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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.
3. Transportation. 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 froh19:00 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 Fjl'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.
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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 giyers. 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.
BY THE COURT,
J.
Dist: Marianne E. Rudebusch, Esquire, 8455 Sir Thomas Court, Harrisburg, PA 17109
Mary Lou Matas, Esquire, 200 North Hanover Street Carlisle, PA 17013
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5851
LARRY B. SWICK,
vs.
Defendant
CIVIL ACTION - LAW
CUSTODY
LINDA L. SWICK,
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
DATE OF BIRTH
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.
3, The parties reached an agreement in the form of an Order as attached.
Date
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Melissa Peel Greevy, Esquire
Custody Conciliator
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5851 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
LARRY B, SWICK,
v.
LINDA L. SWICK,
Defendant
OLER, J,---
INTERIM ORDER OF COURT
AND NOW, this ~ day of Septem.be,r, 2002, upon considerati.on 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 fuU participation in all
educational and medical I 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.
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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, 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 1 0:00 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,
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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 ~arty shall ~ontact guidance ass~ciates to arrange an appointment with Dr. Stanley
Schn~lder 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:
J.
Dis!.: Aarianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109
".)llane G. Radcliff, Esquire, 3488 Trindle Road, Camp Hill, PA 17011 ~
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SEP 0 9 2002
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5851 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
LARRY B. SWICK,
v.
LINDA L, SWICK,
Defendant
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
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Larry Chad Swick
January 30, 1989
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
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. ,
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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.
9 (b(b v
Date
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Melissa Peel Greevy, Esquire
Custody Conciliator
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oc~ 2002
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5851 CIVIL TERM
Plaintiff
v.
CIVIL ACTION - LAW
LINDA L. SWICK,
IN CUSTODY
Defendant
OLER, J.---
INTERIM ORDER OF COURT
AND NOW, this ~ day of () / t 10 r J , 2002, 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. 95309, 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 I 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.
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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, 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
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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
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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:
Dis!.:
Marianne E, Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109
Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ~ ~
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OCT 2 9 2007
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5851 CIVIL TERM
LARRY B. SWICK,
v,
CIVIL ACTION - LAW
LINDA L, SWICK,
IN CUSTODY
Defendant
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
DATE OF BIRTH
CURRENTlY IN THE CUSTODY OF
Larry Chad Swick
Megan Sara Swick
January 30,1989
May 15, 1991
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
inte, rim in nature while they go through the p?Joces of a custody evaluation with Dr.
Schneider.
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Date Melissa Peel Gredvy, Esquire
Custody Conciliator
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