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HomeMy WebLinkAbout08-0015SHAWN 0. SWARTZ, PlaintM V. KELLY MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008 - )-< CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, SHAWN G. SWARTZ, by his attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is SHAWN G. SWARTZ, an adult individual residing at 129 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania 17257. Plaintiff resides with his grandmother, Janet Lindsey. 2. The defendant is KELLY MARTIN, an adult individual residing at 29 Y2 North Earl Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of a minor child, HUNTER LEROY, (born September 27, 2007), who was born out of wedlock. DNA testing has confirmed that the plaintiff is the father of the child. 4. The parties have never resided together, but the child has resided with the defendant since his birth. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 6. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 7. 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.. 8. From the child's birth until mid to late December, 2007, plaintiff and his grandmother had regular contact with the child and exercised partial physical custody of the child almost every night while the defendant was at work. 9. On December 25, 2007, plaintiff's grandmother went to defendant's residence to pick up the child. The child was in the residence alone and the defendant was visiting a neighbor next door. Plaintiff's grandmother, with defendant's permission, took the child but later defendant required her to return the child to defendant's residence. 10. Since that time, defendant has not permitted plaintiff to have any contact whatsoever with the child. 11. The best interests and permanent welfare of the child require that the parties have joint legal custody of the child, but that plaintiff have primary physical custody of the child and that defendant have partial physical custody on a schedule as can be determined at a conciliation conference. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the child as aforesaid. December 31, 2007 HAROLD S. IRWIN, III Attorney folr Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 VERIFICATION 1 do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. IQ J December 31, 2007 _Na, " ? SHAWN G. SWARTZ S+ 4l \r 1 r N L 1 N W V --i I "' a SHAWN G. SWARTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-0015 CIVIL ACTION LAW KELLY MARTIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, January 10, 2008 , 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 Wednesday, February 06, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. 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 Z 1 .' !IN 01 Ur 21091 0 A- -4 SHAWN G. SWARTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-0015 CIVIL TERM KELLY MARTIN, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Kelly Martin, in the above captioned case. Respectfully submitted, J ica st, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: LA `I.0 IN W SHAWN G. SWARTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-0015 CIVIL TERM KELLY MARTIN, : IN CUSTODY Defendant CERTIFICATE OF SERVICE 1, Jessica Hoist, Esquire, of MidPenn Legal Services, attorney for the Defendant, Kelly Martin, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Date: / *a)%/'d l' '?- ?'x J ssica Hoist, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 i-) C__ __ ---9 ___ : 1 ' f?? ., 7 ` i_, _' ?'1 t'_:. `?: m!8 ?? SHAWN G. SWARTZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KELLY MARTIN : No. 08-0015 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this J day of to * , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Father, Shawn Swartz, and the Mother, Kelly Martin, shall enjoy shared legal custody of the minor Child, Hunter Leroy Etter, born 9/28/2007. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent 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 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. 2. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing 2/8/2008, Father shall have physical custody of Hunter every other weekend from noon on Friday until noon on Sunday. b. Father shall have physical custody of the minor Child three consecutive days per week (two overnights) starting at noon and ending at noon dependant on Father's/Mother's work schedule. It is understood that the parties are to communicate and mutually agree to said days. c. The parties may mutually agree to alter or expand said times/days as necessary or convenient. 3. Exchanges: The parties shall share transportation and mutually agree to exchange locations. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other parry, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 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. 8. Holidays: The parties shall abide by the attached holiday unless otherwise mutually agreed upon. 9. 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. J. Cc: `' Darold Irwin, III, Esq. ?Jessica Holst, Esq. AJohn J. Mangan, Esq. i 0-s entit LCCL I 3/v/o8 tAC HOLIDAYS AND SPECIAL DAYS TBWS EVEN YEARS ODD YEARS Easter Da l s Half From 9 am until 3 m Father Mother Easter Da 2" Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1 S Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon the da after Thanksgiving Da Mother Father Christmas PT-Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father SHAWN G. SWARTZ Plaintiff V. KELLY MARTIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-0015 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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 Hunter Leroy Etter 9/28/2007 Primary Mother 2. A Conciliation Conference was held on February 6, 2008 with the following individuals in attendance: The Father, Shawn Swartz, with his counsel, Harold Irwin, III, Esquire The Mother, Kelly Martin, with her counsel, Jessica Holst, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: 6 Z "/ John J. 10an, Esquire Custody C nciliator