HomeMy WebLinkAbout07-7375
JEANNIE SWEITZER,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 07- 73;'.-s s CIVIL TERM
CHARLES E. SWEITZER and
JESSICA C. MORT, : CIVIL ACTION - CUSTODY
Defendants
COMPLAINT FOR CUSTODY
1. Plaintiff is Jeannie Sweitzer, an adult individual whose residence is at 61
Regency Woods North, Carlisle, Cumberland County, Pennsylvania.
2. Defendants are Charles E. Sweitzer, an adult individual who resides at
4815 Manfield Road, Aylatt, VA 23009 and Jessica C. Mort, an adult individual whose
residence is c/o Christine Bolton, 79 North Street, McSherrystown, Pennsylvania 17344.
3. Plaintiff seeks custody of her step-child, Alena Nyree Sweitzer, born
11/04/1993.
4. The child is presently in the custody primarily of plaintiff and partially of
defendant Sweitzer.
5. The child has lived at the following addresses:
Name Address Dates
Alena Nyree Sweitzer 4815 Manfield Road 2002-2007
Aylatt, VA 23009
6. The relationship of the plaintiff to the child is that of former step-mother,
who has most recently had custody of the child from June 2007 through August 2007
and has been provided the child for permanent custody beginning Saturday October 27,
2007 by the father.
7. The relationship of the defendants to the child is that of natural father and
natural mother.
8. The plaintiff has not participated as a party or in any other capacity in other
litigation concerning the custody of the child in this or any other Court.
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9. A York County Order (Exhibit 1 incorporated herein as if fully set forth)
concluding Juvenile Dependency at Docket No. 1JADP 2004 was entered January 26,
2004 contained an appendix which eliminated "dependency" by providing the child to
the father, defendant herein. The Court granted the petition of York County Children
and Youth Services "suspending mother's rights of custody at this time and placing
legal and physical custody with the father Charles Sweitzer," defendant herein.
10. Defendant, biological mother, is currently on probation in York County and
it's believed Defendant resides in Adams County.
11. Biological father has singed a proposed Custody Stipulation which grants
the relief sought by both Plaintiff and Child. (Exhibit 2 attached and incorporated herein
as if fully set forth).
12. Contacts have been attempted with biological mother and she has refused
to respond. (Exhibit 3 attached and incorporated herein as if fully set forth).
13. In August 2007 at a dinner with the Plaintiff and Child, biological mother
informed Plaintiff and Child that biological mother supported Child being the in custody
of the Plaintiff.
14. Plaintiff has no information of a custody proceeding concerning the child
pending in a Court of this Commonwealth.
15. No other persons are known to have or claim to have any right to custody
or visitation of the child other than the parties to this action.
16. It is in the best interest for the child to be with her former step-mother for
she was extensively involved with the child from 1997 until January 2000 and from
2002 through the current year she has had the child summers from June until end of
August and other times that have been provided by the biological father.
17. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as parties to
this action.
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WHEREFORE, Wherefore, plaintiff requests your Honorable Court grant the
plaintiff's requests for shared legal custody and primary physical custody of the child to
the plaintiff with partial physical custody of the child to defendant Sweitzer with liberal
visitation.
Respectfully Submitted
TURO LAW OFFICES
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Date alen R. Waltz, e
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in the foregoing Complaint for Custody are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Q -51 1,?1
Date
JEANNIE SWEITZER,
Plaintiff
V.
CHARLES E. SWEITZER and
JESSICA C. MORT,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 07- CIVIL TERM
: CIVIL ACTION - CUSTODY
CUSTODY STIPULATION / ORDER
AND NOW, this day of , 2007, it is hereby Ordered as
follows:
1. Alena Nyree Sweitzer, born November 11, 1993, is the natural child of Charles E.
Sweizter (Father) and the natural child of Jessica C. Mort (Mother).
2. Jeannie Sweitzer is the former step-mother of the child.
LEGAL CUSTODY
2. The Plaintiff, Jeannie Sweitzer and the father, Charles E. Sweitzer, shall
enjoy shared legal custody of Alena Nyree Sweitzer. Major decisions concerning the
Child, including, but not necessarily limited to, the Child's health, welfare, education,
religious training and upbringing shall be made by them jointly, after discussion and
consultation with each other, with a view toward obtaining and following a harmonious
policy in the Child's best interest. Each party shall not impair the other party's rights to
shared legal custody of the Child. Each party shall not alienate the affections for the
Child from the other party. Each party shall notify the other of any activity or
circumstance concerning their child that could reasonably be expected to be of concern
to the parent then having physical custody. With regard to any emergency decisions
that must be made, the parent having physical custody of the Child at the time of the
emergency shall be permitted to make any immediate decisions necessitated thereby.
However, that parent shall inform the other of the emergency and consult with him or
her as soon as thereafter possible. Each party shall be entitled to complete and full
nformation from any doctor, dentist, teacher, professional or authority and to have
copies of any reports given to either party as a parent.
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3. While in the presence of the Child, neither custodian shall make or permit
to be made by any person, any remarks or actions which could in any way be construed
as derogatory or uncomplimentary to the other parent, or in any way injure the opinion
of the child as to the other parent. It shall be the responsibility of each party to uphold
the other party as one to whom the child owes love and respect.
4. The Father shall have liberal and reasonable telephone contact with the
Child.
PHYSICAL CUSTODY
5. Primary physical custody of the Child shall be in Jeannie Sweitzer subject
to the following period of partial custody with the Father:
a. The father, Charles E. Sweitzer, shall have liberal visitation and
custody of the child after providing advance notice to the primary
physical custodian; the advance notice shall constitute a period of
72 hours prior to visitation or custodial exchanges except where the
parties mutually agree.
6. Holidays shall be determined by the parties herein upon mutual
agreement.
7. Father's Day: Father shall have physical custody of the child from 9:00
a.m. until 8:00 p.m. on Father's Day.
8. The parties may have one week of uninterrupted vacation time with the
child providing the following is observed:
i. notice of at least 30 days prior to the vacation shall be provided to
the primary physical custodian and the requesting party must
provide the following information:
ii. a complete itinerary of the vacation,
a list of all parties accompanying the child on the vacation,
iv. contact telephone numbers for the child.
9. The Non-custodial party shall provide transportation for the exchange of
custody.
10. The provisions in this Order shall be strictly adhered to unless otherwise
agreed upon by the parties herein. The parties are free to modify the terms of this
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Order but, in order to do so, the Court makes it clear that both parties must be in
complete agreement to any new terms. In other words, both parties must consent on
what shall be the new terms of the custody arrangement or visitation schedule; in the
absence of mutual agreement the terms of this Order shall control.
13. In the event either party wishes to modify this Stipulation/Order, they may
petition to have the case scheduled with the Court.
4Ules E. Sweitze (Father)
fitness
Jessica C. Mort (Mother)
Witness
BY THE COURT,
Date
c.c. Galen R. Waltz, Esquire
Jeannie Sweitzer
Charles E. Sweitzer
Jessica C. Mort
J.
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Turo Law Offices
RON TURD, Esquire - Of Counsel
GALEN R. WALTZ, Esquire
JAMES M. ROBINSON, Esquire
RICHARD D. KOCH, Esquire
MICHAEL M. JEROMINSKI, Esquire
MICHAEL R. SMITH, Esquire
LORIN A. SNYDER, Esquire
JOHN M. SHUGARS, Esquire
"Also admitted in Maryland
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28 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 245-9688
(800) 562-9778
Fax (717) 245-2165 olk
FILE CQPY
October 30, 2007
Jessica C. Mort
c/o Christine Bolton
79 North Street
McSherrystown, PA 17344
RE: Custody Stipulation/Order
Dear Ms. Mort:
Enclosed is an original Custody Stipulation/Order that contains thirteen paragraphs wherein
primary physical custody of Alena Nyree Sweitzer is provided to Jeanne Sweitzer. It is my
understanding that this custody arrangement is in the best interest of the child who has been in the
custody of Jeanne Sweitzer most recently during the summers and as well as in the late 1990's. It is
also my understanding that Alena enjoys the companionship qualities that Jeanne affords her along
with the educational and social opportunities provided for Alena.
Please review the Custody Stipulation/Order and sign the Order on the line above your printed
name and also please have a witness sign the witness line. Please return the signed red-lined draft to
my office in the enclosed pre-addressed and stamped envelope and retain the copy that has been
provided to you for your records.
Should you have any questions regarding this Custody Stipulation/Order, please contact me as
soon as possible; otherwise, please return the signed draft within five days of the date of this letter.
Sincerely,
Galen R. Waltz, Esquire
GWaltz(a,TuroLaw.com
cc: Jeanne Sweitzer
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IN THE COURT OF COMMON PLEAS OF YORK COUNTY,
PENNSYLVANIA'
In the Interest of No. 1 JADP 2004
ALENA SWEITZER,
A r„i nor
rJuvenile Dependency]
York, Pa., Monday, January 26, 2004
Before the Honorable Michael E. Bortner, Judge
APPEARANCES:
DOROTHY LIVADITIS, Esquire
For York County Children and Youth Services
MARAKAY RODGERS, Esquire
Guardian Ad Litem
For the Minor
BROOKS K. POMPER, Esquire
For the Mother
EDWARD R. LeCATES, Esquire
For the Father
ALSO PRESENT:
SHERRY STRAYER
TERI HOLLWAY
York County Children and Youth Services
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O R D E R
In this matter, the Court has before it a
petition to suspend mother's rights of custody submitted
to the Court by York County Children and Youth Services.
This order is being entered after a hearing
attended by Attorney Livaditis on behalf of Children and
Youth Services and Sherry Strayer, caseworker. Present
in court is the father Charles Sweitzer represented by
Attorney LeCates, Attorney Brooks Pomper representing the
mother, who is not present for the hearing, and Attorney
Marakay Rodgers who is appointed to represent the child
in this case, Alena Sweitzer, who is also in court.
As noted above, this matter is before the
Court on a petition to suspend mother's rights of
custody. The Court would note that there appears to be a
rather confusing history in this case as to actually who
has been exercising primary custody of Alena.
Brought to the Court's attention is an
Order dated October 5th, 1995, from -the Honorable Penny
L. Blackwell, Judge, in which legal and physical custody
of Alena Sweitzer were returned to Jessica Mort, her
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mother, at that time.
Nevertheless, it appears as though father
has also exercised custody of Alena for substantial
periods of time
The Court was also advised that a previous
custody agreement between the parties indicated that
majority custody was to be with the father Charles
Sweitzer. However, it appears as though that agreement
was never reduced to a Court Order so that the most
recent order in this matter still has placed legal
custody and physical custody with the mother Jessica
Mort.
The Court would note, however, that based
on the records of attendance, the records indicating
where Alena has been attending school would substantiate
the fact that it appears as though she has been moving
back and forth between mother and father.
The Court might just note that at the
present time she's attending school at Orendorf
Elementary School. Prior to that time before Christmas
she was attending school in the City of York at Ferguson
Elementary school. Prior to that time she attended
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school at Weiglestown Elementary School but apparently
started the school year at Orendorf.
In talking to Alena herself, she indicates
that last year she attended Orendorf as well as attending
Bermudian Springs Elementary School.
In this matter, the allegations involving
the mother are of great concern to the Court. It is
alleged that during the periods that she has exercised
majority physical custody she has been abusing drugs in
the presence of the child and that at some times Alena is
also in the care of her aunt who is also alleged to be
II abusing drugs in the presence of not only Alena but other
children.
The Court would note that many of these
changes of schools involves the mother's frequent change
of residence and that she apparently in the last year has
resided in the Bermudian Springs School District, the
Dover School District, and the York City School District
as well.
The Court has had the opportunity to speak
with the child who indicates and confirms for the Court
that during times that she has been with her mother, most
recently this past fall, there appears to be a history of
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drug abuse that takes place in the presence of the child.
Furthermore, Alena indicates that she has
not been properly fed or clothed and is sometimes locked
in her room as punishment.
Since the mother is not in Court today, the
Court is not able to hear any explanation from her
regarding the allegations set forth in this petition.
The Court should note that the mother was
notified. I might also note that this hearing was
scheduled for 9:30 and it is now a quarter of 11:00. She
has not appeared nor has she been in touch with her
counsel offering any reason why she is not in court
today.
Based on the foregoing, the Court will
grant the petition of York County Children and Youth
Services suspending mother's rights of custody at this
time and placing legal and physical custody with the
father Charles Sweitzer.
It is the recommendation of Children and
Youth Services that should the mother wish to exercise
visitation with the child that that visitation be
supervised by York County Children and Youth Services at
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this time.
Furthermore, if the mother chooses to be
considered as a resource in this matter, we also direct
that she shall attend counseling sessions with a
qualified counselor.
We further direct that both mother and
father sign appropriate releases allowing any counselor
or the results of any counseling sessions to be released
to the agency so that the agency can monitor compliance
with the terms of this order.
Furthermore, Jessica Mort shall notify the
agency caseworker assigned to this matter of the date and
time and the appointment of any evaluation for any
counseling sessions at least 48 hours prior to the
scheduled appointment.
We direct that both mother and father
maintain safe, stable, and appropriate housing for the
minor, and direct that Jessica Mort shall undergo random
drug testing either by blood, breath, or urine to
determine whether she is continuing to abuse drugs and/or
alcohol.
We direct that an in-home team be made
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available to both mother and father to help fulfill the
goals of the family service plan.
We direct that Alena herself shall be
attending counseling with a qualified counselor and obey
other rules that may be established for her by the agency
working with the father.
We would note that if we haven't made it
clear medical and educational rights shall be awarded to
Charles Sweitzer as the legal custodian of Alena.
We would incorporate into this order as an
appendix a more detailed list of court-ordered services
and conditions which have been provided by the agency to
the Court.
We direct a copy of this order to Attorney
Livaditis, Attorney Rodgers, Attorney Pomper, Attorney
LeCates, the father, the mother, Wanda Noll at the CASA
Office, and to Sherry Strayer at the agency.
BY THE COURT:
Judge
sjl - 1/27/2004
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In re: Sweitzer, Alena
COURT-ORDERED SERVICES/CONDITIONS:
AGENCY'S RESPONSIBILITES:
No: 140 J.A. 1990
APPENDIX TO COURT ORDER:
The Agency shall, at its earliest opportunity, develop a case plan which shall
implement the goal, and which is to be accomplished as soon as practical.
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The Agency shall assist in providing referrals to appropriate agencies so that the
persons named herein are able to timely obtain services set forth in this ORDER.
The Agency shall provide to the persons who are directed to obtain services
reasonable assistance to obtain necessary financing for the services, HOWEVER, unless the
Agency expressly assumes financial responsibility, the Agency shall NOT BE LIABLE to pay
for the services provided to any individual.
CONDITIONS AND RESPONSIBLITES OF PARENTS:
BOTH PARENTS ARE HEREBY DIRECTED TO ATTEND ALL FUTURE
COURT PROCEEDINGS INVOLVING THE MINOR (S).
All parties shall cooperate with the Agency by permitting both announced and
- oneinnounced-home visits--and inspections by representatives of the Agency. They shall report
any change of address or change in the compositions of the household to the Agency within 48
hours of the change.
All parties shall cooperate with any services provided by the Agency, whether
pursuant to the terms of this ORDER or otherwise, and shall follow through with all
recommendations made by the service providers.
All parties in this matter shall, at all times during Agency supervision of this case,
have on file with the Agency their current correct home address and home telephone number.
® If Jessica Mort wishes to be considered as a person to whom the minor (s)
could be returned, that person shall contact the AGENCY within a reasonably prompt time
after this hearing for the purpose of determining what requirements will have to be met before
the minor (s) could be returned to that person.
Rev. 1 1 / 19/03 rkr - 1 -
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M Jessica Mort shall attend counseling sessions with a qualified counselor. The
counseling shall be for individual/family counseling.
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® Jessica Mort ® Charles Sweitzer shall sign whatever release is necessary
and appropriate for any evaluator or counselor to release the results of any evaluation to the
Agency, and so the Agency can monitor compliance with the terms of this Order.
® Jessica Mort shall notify the Agency caseworker assigned to this matter of the date
and time of the initial appointment for the evaluation of counseling session at least 48 hours
prior to the scheduled appointment.
® Jessica Mort ® Charles Sweitzer shall maintain safe, stable, and appropriate
housing for the minor(s) and shall maintain stable, lawful income to support the minor(s).
Jessica Mort shall undergo a drug and alcohol evaluation, and follow through
with any recommendations made as a result of the evaluation. The person(s) named shall
contact an appropriate organization or evaluator to conduct the evaluation within ten days of
this date. The evaluation shall be completed, and the results made known to the Agency
within 60 days of this date. If the person(s) names require(s) a referral to an appropriate
evaluation services, the Agency shall cooperate in providing a referral.
® Jessica Mort shall undergo random testing, either by breath, blood or urine, for
drug and alcohol usage by a drug and alcohol facility or at the request of York County
Children & Youth Services caseworker .
® Jessica Mort shall cooperate with the following services, which will assist the
named person(s) to work toward the goal of the family service plan-
El F.A.C.T. Team
? Intensive Family Services Team ?
? Mobile Therapist ?
? Day Treatment Program ?
? Other:
In-home Team
Wraparound services
Youth Advocate
Alternative Schooling
RESPONSIBILITIES OF MINORS:
custodian The Minor(s) shall obey all of the reasonable and lawful requests of the
.
The Minor(s) shall cooperate with services provided pursuant to the terms of this
ORDER.
Rev. 1 111910= rkr _ ? _
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® Alena Sweitzer shall attend counseling sessions with a qualified counselor. The
counseling shall be individual counseling. When deemed appropriate, family counseling could
be instituted.
® The Minor(s), parents, and custodians shall sign whatever release is necessary and
appropriate for any evaluator or counselor to release the results of any evaluation to the
Agency, and so the Agency can monitor compliance with the terms of this Order.
® The Minor(s) shall attend school as required on a regular basis. If absent, an
excuse from a physician must be provided unless the student was previously excused by the
school. Any suspension from school, which may be imposed by the school district or a school
official, regardless of whether the suspension is served in school or out of school, shall be
considered by this Court to be a violation of this condition.
® The Minor(s) shall obey a curfew, which shall, at the latest, be during the school
year, 8:00 o'clock p.m., Sunday evenings through Thursday evenings, and 9:00 o'clock
p.m., Friday evenings and Saturday evenings. During the summer months, curfew shall be
9:00 p.m. Curfew means that the Minor(s) shall be in the home of the custodian at the
appointed time, unless accomplished personally by the custodian at another location. An
earlier curfew may be established at the discretion of the custodian. Curfew shall last so long
as the Agency has supervision of this case.
l -The Minor(s) shall not consume any-illegal or controlled substances without medical
authorization, and shall not consume, at any time, any alcoholic beverages.
® The custodian shall promptly report to Children and Youth Services any violation of
the violation of the above conditions. Failure of the custodian to report any violation of those
conditions, within a reasonably prompt time after the violation occurs, shall be grounds by itself
for this Court to reconsider this disposition.
MEDICAL AND EDUCATIONAL RIGHTS:
® We hereby grant to Charles Sweitzer the right and authority to make appropriate
and necessary decisions concerning the education of the minor(s), including, if necessary, the
decision to enroll the minor(s) in an appropriate school district, special school, special classes,
and the authority to participate in and approve any individualized education plan for a minor.
Rev. 11/19/03 rkr
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® We hereby grant to Charles Sweitzer the right and authority to make reasonable
and appropriate medical decisions for the minor(s), including the authority to consent to
emergency and long term medical treatment. This authority does not grant the authority to
make decisions contrary to sound medical opinion or advice, nor does this authority grant the
right to direct that medical care shall be withheld from a minor.
OTHER TERMS AND CONDITIONS:
The Agency does not have dependency if Charles Sweitzer is given custody of the child, Alena
Sweitzer. If the child is to remain with Charles Sweitzer, he will continue with the following:
1. Contact school to assure her assignments and academics continue to be on target.
2. Continue to assure child attends all medical/dental appointments when necessary.
3. Provide visitation with mother, Jessica Mort when supervised by a party of whom all are in
agreement. Visitation should be scheduled to not interfere with school or medical/dental
appointments.
4. Continue to maintain stable housing and legal source of income.
Rev. 11/19/03 rkr -4-
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CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Custody Complaint , by first class, postage pre-paid and depositing same in the
United States Mail, first class, postage pre-paid on the day of
DECEMRC-A , 2007, from Carlisle, Pennsylvania, addressed as follows:
Charles E. Sweitzer
P.O. Box 1664
Mechanicsville, VA 23116
And
Jessica C. Mort
c/o Christine Bolton
79 North Street
McSherrystown, PA 17344
TURO LAW OFFICES
Galen R. Wall , ire
28 South t
Carlisle, 13
(717) 245-9688
Supreme Court I.D. No. 39789
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JEANNIE SWEITZER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 2007-7375 CIVIL ACTION LAW
CHARLES E. SWEITZER AND JESSICA C.
MORT IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, December 12, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January, 08, 2008 at 1:00 PM
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. 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/ john j. Man an r. Es q.
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JAN 0 S 2008
JEANNIE SWEITZER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-7375 CIVIL ACTION LAW
CHARLES E. SWEITZER and JESSICA IN CUSTODY
MORT :
Defendant
ORDER OF COURT
AND NOW thi? day of January, 2008, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
Legal Custody: The Plaintiff, Jeannie Sweitzer, and the Father, Charles Sweitzer, shall have
shared legal custody of AlenaNyree Sweitzer, born 11/04/1993. The Plaintiff and Father shall
have an equal right to make all major non-emergency decisions affecting the Child's general
well-being including, but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, Plaintiff and Father shall be entitled to all
records and information pertaining to the Child including, but not limited to, medical, dental,
religious or school records, the residence address of the Child and of the other interested party.
To the extent one parent has possession of any such records or information, that interested party
shall be required to share the same, or copies thereof, with the other interested party within
such reasonable time as to make the records and information of reasonable use to the other
interested party.
2. Physical Custody: Plaintiff, Jeannie Sweitzer, shall have primary physical custody of Alena
Sweitzer subject to Father's liberal partial physical custody as the Plaintiff and Father may
mutually agree.
3. The exchange location and transportation shall be mutually agreed upon by Plaintiff and Father.
4. Holidays, Summer Vacation and Birthdays: Holidays, summer vacation and birthdays shall be
arranged between Father and Plaintiff by mutual agreement.
5. Neither custodian may say or do anything nor permit a third party to do or say anything that
may estrange the Child from any other party, or injure the opinion of the Child as to any other
party, or may hamper the free and natural development of the Child's love or affection for any
other party. To the extent possible, parties to this Action shall not allow third parties to
disparage any other party to this Action in the presence of the Child.
6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as
practicable after the emergency is handled.
7. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
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8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
Distribution:
Galen Waltz, Esquire
Charles Sweitzer, 4815 Manfield Rd., Aylatt, VA 23009
Jessica Mort, c/o Christine Bolton, 79 North Street, McSherrystown, PA 17344
John J. Mangan, Esquire
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JEANNIE SWEITZER,
Plaintiff
V.
CHARLES E. SWEITZER and JESSICA
MORT
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-7375 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Alena Nyree Sweitzer 11/04/93 Plaintiff
2. A Conciliation Conference was held with regard to this matter on January 08, 2008 with
the following individuals in attendance:
The former Step-Mother, Jeannie Sweitzer, with her counsel, Galen Waltz, Esquire
The Mother, Jessica Mort did not appear
The Father, Charles E. Sweitzer, pro se
3. The parties agreed to the entry of an Order in the form as attached.
?a
Date
an, Esquire
John J. 6an
Custo Co ciliator