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HomeMy WebLinkAbout07-4648KAREN D. SWEBILIUS, PLAINTIFF vs. PETER C. SWEBILIUS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL TERM CIVIL ACTION -LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You leave been sued in court. If you wish to defend against the claims set fords in the following pages, you must take action within twenty (20) days after this complaint and notice aze served, 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 fiuther notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-91 OS KAREN D. SWEBILIUS, PLAINTIFF vs. PETER C. SWEBILIUS, DEFENDANT COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, KAREN D. SWEBILIUS, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Mother") is KAREN D. SWEBILIUS, who currently resides at 3945 Sullivan Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050 and has resided there over six (6) months. 2. The Defendant (hereinafter sometimes referred to as "Father") is PETER C. SWEBILIUS, who is currently deployed with the U.S. military services, but whose current mailing address is 87 Daisy Avenue, Jackson, Ohio. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ ~- `~GYS~ CIVIL TERM CIVIL ACTION -LAW IN CUSTODY 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth JUSTIN DEAN SWEBILIUS 3945 Sullivan Drive Mechanicsburg, PA 4. The child was born of the parties' marriage. September 16, 1998 5. The child is presently in the custody of the Plaintiff, who resides at 3945 Sullivan Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 6. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 9. Plaintiff and Defendant have a current custody order or "Permanent Pazenting Plan" from the Juvenile Court for Montgomery County, Tennessee at Clazksville. (Please see a copy of the "Permanent Parenting Plan" which is attached hereto and made a part hereof at Exhibit "A".) 10. The best interests and permanent welfare of the child will be served by granting the relief requested because the pazents both agree with and support the current "Permanent Parenting Plan". 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, Plaintiff, KAREN D. SWEBILIUS, requests this Honorable Court recognize the "Permanent Parenting Plan" presently a custody order from Tennessee and transfer Jurisdiction of this custody case to Pennsylvania. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: July 31, 2007 Susan Kay ~ Counsel for PA I.D. # 6~ 4010 Glenfi Meel~riesburg PA 17055 (717) 724-2278 07-3~-'87 13;08 FPOM- 7177721442 T-148 P0~31003 F-338 V~E~~YCATYOIV~ The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 1 S Pa, C.S.A. §4944 relating to unsworn falsification to authorities. DATED: 3a ~~.~. C ~ ~ n ~~ KAREN DUR M SWEBILIUS Tc G" ~ W °~ °EA- ~~ r 't ~~~ ~~ r~'_~~_ r.~ r rn ca Q -rt ~~ ~o ~ ~ ~~ ~~,~C2hC~~ ~.~Es~C.~ ~-w~a~c~t1 IN THE JUVENILE COURT FOR MONTGOMERY COUNTY, TEN ESSEE ~- AT CLARKSVILLE } In the matter of } Justin Dean Swebilius, ) No: 124-25 A child under 18 years of age. } ORDER FILED'° APR 1 ~ 2QQ5 MONTGOMERY COUNTY JUVENILE COURT This matter came to be heard on March 28, 2005, before the Honorable Judge Wayne Shelton upon the petition of Karen Swebilius ["mother"] for an order of custody, support and visitation to be set for the minor child, Justin Dean Swebilius ["child"). The father of the child, Peter J. Swebilius ["father"], the mother, and counsel for the mother appeared at the hearing. After hearing testimony of the mother and father, argument of counsel, and examination of the record, the court allowed a brief recess for the parties to discuss the provisions of the parenting plan for the child. After the recess, the parties announced that they were in agreement on the provisions of the parenting plan and submitted the plan for the court's approval. It is therefore ORDERED that the permanent parenting plan attached to and incorporated by reference to this order become the permanent parenting plan for the child, Justin Dean Swebilius. The court also finds that the permanent parenting plan is in the best interest of Justin Dean Swebilius. Dated this ~,~~ay of April, 2405. STATE OF TENNESSEE, MONTGOMERY COUNTY 1, CHERYL J. CASTLE, CLERK, DO HEREBY CERTIFY THAT THE FOREGOING 1S A TRUE AND CORRECT COPY OF THE ORIGINAL RUMENT ON FILE IN THIS CASE. THIS THEDAY OF~, 200 Ei CHERY! J. CA E, J V NILE C IJRT CLERK BY: ____ D.C. Judge Wa e Shelton /~ APPROVED FOR ENTRY: Christopher Hugan #22853 Evans, Jones & Reynolds P.C. 150 4`h Avenue North, Suite 1810 Nashville, Tennessee 37219 (615) 259-4685 Attorney for Petitioner CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing ORDER has been sent via U.S. mail, postage prepaid, to Peter J. Swebilius, 87 Daisy Avenue, Jackson, Ohio, 45640 this ~'"~' day of April, 2005. Christopher ugan 12013 x001. s a.Order6. wpd _ ~r~~~~ _ ~~d ~„~,~,pQ 1 ~ ~~ ~~ IN THE JUVENILE COURT FOR MONTGOMERY COUNTY, TENNESSEE AT CLARKSVILLE In the matter of ; FILED ) Justin Dean Swebilius, ) No: 124-25 ) MAR 3 Q 2005 A child under 18 years of age. ) ) ~~ONTGOMERY COUNTY JUVENILE COURT PERMANENT PARENTING PLAN This plan is ORDERED by the court this day of , 2005. Children: NAME BIRTHDATE Justin Dean Swebilius 09/16/1998 I. RESIDENTIAL SHARING SCHEDULE A. Day to day schedule: The minor child shall reside with the Mother except for four (4) continuous weeks during the summer of each year where the father shall have responsibility for the care of the minor child. The four-week summer visitation period shall begin at 9:00 a.m. on the first Saturday after the school year is completed and shall conclude at 6:00 p.m. on Saturday four weeks thereafter. The Father shall pick-up the child at the mother's residence at the beginning of the four-week summer visitation period and the Mother shall pick-up the child at the Father's residence at the conclusion of the four-week summer visitation period. The Father shall make the minor child available for unimpeded phone conversations with the Mother during the four-week period every Wednesday at 6:00 p.m. E.S.T. and every Saturday at 9:00 a.m. E.S.T. The Mother shall also have the option to visit with the minor child during the four-week period every Sunday between 9:00 a.m. and 6:00 p.m. E.S.T. upon twenty-four (24) hours' notice to Father. The minor child shall reside only with the father during the four-week period and shall not be removed from the Father's state of domicile (currently Ohio) without the written permission of the Mother. The father shall have reasonable unimpeded phone conversations with the minor child each Wednesday at 7:30 p.m. E.S.T. while the minor child resides with the mother. B. Winter Holiday Vacation: The Mother shall have the minor child on even years from the day school is dismissed .until December 26`h at 8:00 a:m. C.S.T. The Father shall have the minor child on even years from December 26`x' at 8:00 a.m. C.S.T. unti12:00 p.m. E.S.T. on the day before school resumes. The Father shall have the minor child on odd years from 4:00 p.m. C.S.T. the day school is dismissed until December 26`" at 8:00 a.m. E.S.T. The Mother shall have the minor child from December 26`h at 8:00 a.m. E.S.T. until school resumes. The Mother and Father shall equally split transportation of the minor child. C. Thanksgiving and Spring Break. The Mother and Father shall alternate physical custody of the minor child on Thanksgiving and Spring breaks. The Father shall have physical custody of the minor child for Thanksgiving break of 2005 and the Mother shall have physical custody of the minor child for Spring break of 2006. Custody of the minor child shall alternate thereafter for Thanksgiving and Spring breaks. Each break shall begin at 4:00 p.m. C.S.T. the day school is dismissed for the break and shall conclude at 2:00 p.m. E.S.T. the day prior to resuming school. Father shall pick up child at the beginning of each break and mother shall pick up child at the end of each break. II. DECISION MAKING A. Day to day decisions: Each parent shall make day-to-day decisions regarding the care and control of the minor child while the child is residing with each parent. Either parent may make emergency decisions affecting the health or safety of the minor child. B. Major decisions: Major decisions regarding the minor child relating to education, non-emergency health care, religious upbringing, extracurricular activities or otherwise shall be made by the Mother. III. FINANCIAL SUPPORT FOR MINOR CHILD A. Child support per Tennessee Income Shares Guidelines: The Father shall pay child support in the amount of $250.00 per month beginning April 1St , 2005, payable to the Tennessee Child Support Receipting Unit, P.O. Box 305200, Nashville, Tennessee 37229. The child support obligation shall be reviewed by this court in six (6) months upon motion of either parent. B. Tax Deduction:. The Mother shall receive any tax deduction or credit for the minor child. C. Tax return notice: The Father shall send the Mother on or before April 15th of every year (or August 15tf' if an extension if filed), a copy of his W-2's, 1099's, or other documentation of his income plus the first two pages of his tax return. D. Health Insurance: The Mother will maintain health insurance for the minor child through the United States Army as long as it is available. As reflected in the attached Child Support Worksheet, there currently is no premium paid for the minor child's insurance. The Father agrees that in the event any uncovered medical expenses arise, including deductibles and co-payments, Father and Mather shall divide such expense equally. Father further agrees to share the cost (in accordance with the Income Shares guidelines) of private health insurance for the minor child that may be required if insurance through the United States Army becomes unavailable. IV. DESIGNATION SOLELY FOR STATE AND FEDERAL STATUTES The minor child named in this parenting plan is scheduled to reside the majority of the time with the Mother. SOLELY for the purposes of any other state and Federal statutes which require a designation or determination of parental responsibility, the Mother is designated the Primary Residential Parent and Custodian for the minor child. This designation shall not affect either parent's rights and responsibilities under this plan. V. DISPUTE RESOLUTION Except for those involving child support, disputes arising between the parties will be resolved by Mediation by Rule 31 Mediator. The cost of these dispute resolution processes will be allocated by between the parents in equal shares. The dispute resolution process will be commenced by notifying the other party by certified mail and will be subject to the following provisions: 1. In the dispute resolution process, preference will be given to carrying out the parenting plan. 2. Unless an emergency exists, the parents will use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support. 3. A written record of any agreement reached between the parties will be provided to the parties and submitted to the COURT, where necessary, for a Consent Order of Modification. 4. If the COURT finds a parent has misused or frustrated the dispute resolution process, the COURT will award attorney fees and financial sanctions to the non-abusing party. 5. The parties have the right of review from the dispute resolution process to the COURT. 6. No dispute resolution process, except COURT action, will be required if a limiting factor under T.C.A. §36-6-412 applies or one parent is unable to afford the cost of the proposed dispute resolution process. VI. STANDARD PARENTING ORDERS A. Standard Rights: The following are the rights of a parent where a child is not in the care of that parent, unless those rights are denied in whole or in part by the COURT upon a showing that such denial is in the best interests of the child. 1. The right to unimpeded telephone conversations with each child at least twice a week at reasonable times and for reasonable duration. 2. The right to send mail to each child which the other parent will not open or censor. 3. The right to receive notice and relevant information as soon as practicable but within twenty-four (24} hours of any event of hospitalization, major illness or death of each child. 4. The right to receive directly from each child's school upon written request which includes a current mailing address and upon payment of reasonable costs of duplication, copies of each child's report card, attendance records, names of teachers, class schedules, standardized test scores and any other records customarily made available to parents. 5. The right to receive, directly from each child's physician and other health care provides, copies of each child's medical records, provided that a written request has been made to the provider with a current mailing address and payment for the reasonable cost of duplicating and mailing the records. 6. The right to be free of unwarranted derogatory remarks made about the parent or the parent's family by the other parent to or in the presence of the child. 7. The right to be given reasonable notice, whenever possible, of all extra-curricular activities, and the opportunity to participate or observe, including, but not limited to, the following: (a). School activities; (b). Athletic activities; (c). Church activities; and (d). Other activities as to which parental participation or observation would be appropriate, 8. The right to receive from the other parent, in the event the other parent leaves the state with the minor children for more than two (2) days, an itinerary including telephone numbers for use in the even of an emergency; and 9. The right of access and participation in education, including the right of access to the minor child or children for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the child's educational performance. ~~ Judge ayne Shelton CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing ORDER has been sent via U.S. mail, postage prepaid, to Peter J. Swebilius, 87 Daisy Avenue, Jackson, Ohio, 45640 this 'aq day of I(Yt A~2cr! , 2005. ~~ ~ Christopher ugan ~ G~ rte"' ~~ ~ ~ , C+ ~ + ' ' f . t ~ j 1 k ',~- . `- ~ c `~ ~ .. .-~- ,.~ `t ~ ~~' G""7. '"'-~ ' .. 'r ..-- `~ ~ ~ ,, KAREN D. SWEBILNS, PLAINTIFF ~~. PETER C. SWEBILIUS, DEFENDANT AUK 0 ? 2D07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. bZ • ~{(o y$ CIVIL TERM CIVIL ACTION - LAw IN CUSTODY ORDER OF COURT AND NOw, this I g day of _S c,o~~w-~o ~ , 200'7, upon consideration of the Complaint for Custody filed by the Plaintiff, KAREN D. SWEBILIUS and the attached Order of Custody, Patenting Plan, from The Juvenile Court For Montgomery County, Tennessee At Clarksville, the attached Order is recognized as the custody order for the Plaintiff, KAREN D. SWEBILIUS, and Defendant, PETER C. SWEBII.IUS in accordance with the language contained in the within document. BY THE COURT, J. V ~` ,. , i +' ~' 'd °t _ ~ a „r d'' ,' `,~ #. !,. ;i h ~~! `7~J l Yt'J~Y.IY~~ ~ Z ~ ~d 6 I d35 tOOZ AE~'lO~IQ~1©~d 3H~L ~4 .~3 E ~~~. ~. KAREN D. SWEBII.IUS, PLAINTIFF vs. PETER C. SWEBII~IUS, DEFENDANT IN THE COURT OF C(>IKMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O 7 ` ~ ~ ~ ~ CIVIL TERM CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT OF AGREEMENT FOR TRANSFER OF JURISDICTION I, PETER C. SWEBILIUS, who, being duly sworn according to law, do depose and state as follows: 1. I am the natural father of the minor child, Justin Dean Swebilius. 2. I have full knowledge of the "Permanent Parenting Plan" in effect is the Juvenile Court for Montgomery County, Tennessee at Clarksville, dated April 28, 2005. 3. I am aware the nahual mother of the minor child, Karen D. Swebilius and the ~, minor child have relocated and plan to reside in Cumberland County, Pennsylvania 4. I am in agreement with the jurisdiction of the "Permanent Parenting Plan" dated Apri128, 2005, being transferred to Cumberland County, Pennsylvania. A PETER C. SWEBILIUS i t, A t• 1. (? i i h 5. ':~,.1 Y ,' <,. ~;., ~., __. .. F.A i;y' r.-. . t i .~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the '` day of ~ , 2007, before me, a Notary Public, the undersigned officer, personally appeared SUSAN SAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when PETER C. SWEBILIUS, whose name is subscribed to the within Affidavit for Transfer of Jursidiction, executed the same, and that said person acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my and oiiircial Seal. Public uNOa,~ cw~atw Noraro wa~c N~os,+~w~t cws~woa~r My eaten ~M~ .wn Zl. lrle Conunission Expires: du.hc h ~, h01 D `. , .. ... ,~ .s . a. ........ J~ 1~IYAI~tOVI ~11UJ~ A AdC1h11 ~A Yiak~Y4 MM3 ~ !MR N~lO~M1AAH 01~ .E= AIL MMI~Ii AOIIMf1N't10~ YM ~~t~~~'~~~~~~V'~f~ ,, , L ~ ~Z bdd 6 ! d3S tQOl 1~t~.LUti~N~.G~d 3H1 ~n ~~~~~~~~ KAREN D. SWEBII.IUS, PLAIIVTIFF vg. PETER C. SWEBILIUS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA1~tIA NO.O7 - y l,o y~CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for Custody and Transfer of Jurisdiction from Tennessee to Pennsylvania, in the above matter. Respectfully submitted, Rated: ~~ c`?P~~ zDt37 PETER C. SWE IUS Defendant ~ ~ Y ~. '.~ e ; ~ k ' 5 "a n' ~ ~ ~ . ' ~" ~ j k ~ F~ p a. !` ..}t et}..D Cad k .F x4.{ t~. Yv i.. tf,~ ~ {:~f=t (ie st r.~3 ..n{~b: }.t3 it, .:1 x .., }.,.. .f.~'.2: ,9.. i! h .e, , r _. ~ r .r jf>G i ... ' x:"$ ~ H~Nb'/1titS~IN~c~ ~{^ n ~~.f~~;~~~Y~~ 9 ~ .Z bid 6 ! d3S t0~1 ~tl~l~Nvr-~.~3~ad ~Hl. ~0 ~~i~~CKl3ii~