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HomeMy WebLinkAbout08-4473 CHRISTINE G. SWADE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Of - yc(73 &C' -xj 72,,-1 KEVIN C. SWADE, : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Christine G. Swade, residing at 3911 Church Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Kevin C. Swade, at 439 Herman Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks primary physical custody of the following children: NAME PRESENT RESIDENCE D.O.B. Danielle N. Swade 3911 Church Street 10/25/91 Camp Hill, PA 17011 Jacob W. Swade 3911 Church Street 1/9/96 Camp Hill, PA 17011 The children were not born out of wedlock. The children are presently in the custody of Plaintiff, who resides at 3911 Church Street, Camp Hill, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Plaintiff and 4813 Virginia Road Birth to Defendant Mechanicsburg, PA 17050 6/30/08 Plaintiff 3911 Church Street 6/30/08 to Camp Hill, PA 17011 Present The mother of the children is Plaintiff, currently residing at 3911 Church Street, Pennsylvania. She is married. The father of the children is Defendant, currently residing at 439 Herman Avenue, Lemoyne, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Danielle N. Swade Jacob W. Swade RELATIONSHIP daughter son 5. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following person/persons: NAME RELATIONSHIP 6. 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 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 respect to the children. 7. Mother believes, and therefore avers, that it is in the children's best interest to primarily reside with her. A partial custody schedule needs to be established for Father. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff, Christine G. Swade, requests the court to grant pnmary physical custody of the minor children, Danielle N.Swade and Jacob W. Swade to her. Respectfully submitted, JAMES, SMTH, DIETTERICK & CONNELLY, LLP Dated: 'r By: squire san adel, E Su Attorney I.D. #44837 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff VERIFICATION I, Christine G. Swade, verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: Christine G. Swale 70 D C-3 x Cn CHRISTINE G. SWADE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN C. SWADE DEFENDANT 2008-4473 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 30, 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 Friday, August 29, 2008 at 2:30 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. 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 ?`,i °{l CHRISTINE G. SWADE, Plaintiff V. KEVIN C. SWADE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-04473 CIVIL ACTION - LAW IN CUSTODY I, Kevin C. Swade, do hereby accept service of the Complaint for Custody filed in the above-captioned action. Date: J111og C'aj Kevin C. Swade, Defendant 439 Herman Avenue Lemoyne, PA 17043 ?' ? ?° --?° +? rr a ? ` r.+?.?:, ? .... ? -?.?;" _. ?C` ? t? . ? .? ? ? c? ?+ _ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE G. SWADE, Plaintiff NO. 2008-4473 CIVIL TERM V. KEVIN C. SWADE, Defendant CIVIL ACTION - LAW IN CUSTODY ORIGINAL ? CUSTODY ORDER AND NOW, this day of 2008, upon consideration of the within Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents' Custody Agreement is incorporated into this Order and entered as an Order of this Court the same of if fully set forth herein. ,,Distribution To: ttorney for Plaintiff: Susan M. Kadel, Esquire, P.O. Box 650, Hershey, PA 170:33-0650 Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Co rnla ! LL P 91id`d8 JAMIDIRO i; ?._ d7lS LION. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE G. SWADE, Plaintiff NO. 2008-4473 CIVIL TERM V. CIVIL ACTION - LAW KEVIN C. SWADE, IN CUSTODY Defendant CUSTODY AGREEMENT AND NOW This day of August, 2008, Christine G. Swade ("Mother") and Kevin C. Swade ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor child, Danielle N. Swade, born 10/25/1991, and Jacob W. Swade, born 1/9/1996, (the `Children"). 1.0 LEGAL CUSTODY: The Parents shall have shared legal custody, defined in 23 Pa.C.S.A. S 5302 as the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions. Pursuant to the terms of 23 PA. C.S.A. 55309, 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. 2.0 PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: 2.1 Primary/Partial Custody: Mother shall have primary physical custody of the Children and shall have physical custody of the Children for all periods not specifically reserved for Father herein. Father shall have partial physical custody of the Children for all periods specifically reserved for Father herein. 2.2 Father's School Year Periods. During the school year Father shall have physical custody of the Children for the following periods: 2.2.a Alternatine Weekends. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Father's first weekend shall be the weekend of September 12, 2008. 2.2.b Mid Week Period. On alternating weeks to occur during the week Father does not work on Wednesday and Thursday, from Tuesday after school until Wednesday at 6:00 p.m. If Father's work schedule changes so that his days off are different than the overnight midweek period shall be changed to accommodate that new work schedule. 2.3 Summers. Each Parent shall be entitled physical custody of the Children during the summer under and subject to the following terms and conditions: 2.3.a Summer Defined. Summer is defined as the first Sunday evening following the last day of school to the last Sunday evening before the first day of school in the fall. 2.3.b Weeks Defined: Each week shall run from Sunday at 6:00 p.m. until the following Sunday at 6:00 p.m. 2.3.c Summer Custodial Periods: The Parents shall alternate custody of the Children on a weekly basis. Father's 1St week shall be the week he only works Wednesday and Thursday. If Father no longer has his current work schedule and is working during the week and is not working on weekends, then the Parent not having custody of the Children for the weekend preceding this start of the summer schedule shall have custody for the first (1ST) alternating week. 2.3.d. Family Vacations. The parties shall cooperate with each other to make special arrangements so that the Children are permitted to go on a family vacation during the summer if that vacation should fall on the week the Children are not scheduled to be with the Parent taking the family vacation. 2.4 Holidays/Special Days. Physical custody for major holidays and special days shall be in accordance with the following schedule: 2.4.a Thanksgiving. If Father is not working on Thanksgiving Day then the Parents will split custody of the Children on that day with Mother having custody of the Children from 9:00 a.m. until 3:00 p.m., and Father having custody of the Children from 3:00 p.m. until 9:00 p.m. If Father is required to work on Thanksgiving Day, then Mother will have custody -2- of the Children on Thanksgiving Day and Father will have custody of the Children for the weekend following Thanksgiving from Friday at 3:00 p.m. until Sunday at 6:00 p.m. 2.4.b Christmas. The Christmas holiday will be divided into two segments. Segment A will be from 3:00 pm on Christmas Eve until 3:00 p.m on Christmas Day. Segment B shall be from 3:00 p.m. on Christmas Day until 3:00 p.m. on December 26th. In even numbered years Mother will have custody of the Children during segment A and Father will have custody of the Children during segment B. In odd number years, Father will have custody of the Children during segment A and Mother will have custody of the Children during Segment B. 2.4.c New Years Eve/Day. The New Years holiday will be divided into two segments. Segment A will be from 3:00 pm on New Years Eve until 3:00 p.m on New Years Day. Segment B shall be from 3:00 p.m. on New Years Day until 3:00 p.m. on January 2nd . In even numbered years (determined by the year in which New Years Eve falls) Father will have custody of the Children during segment A and Mother will have custody of the Children during segment B. In odd number years (determined by the year in which New Years Eve falls), Mother will have custody of the Children during segment A and Father will have custody of the Children during Segment B. 2.4.d Easter. Generally Mother shall have custody of the Children on Easter Day for a family celebration. In the Event Father is not working on Easter Day, Father will be provided with a reasonable period of custody with the Children on that holiday as the parties shall mutually agree. 2.4.e Memorial Day and Labor Day. Mother shall have custody of the Children over each weekend for the period of time that Father has to work, and Father shall have custody of the Children over each holiday weekend for the period of time Father is not required to work. The parties shall mutually agree to the appropriate exchange times for such periods. 2.4.f Mother's Day/Father's Day. Every year, Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's day. 2.4.g Children's Birthdays. The Parent who otherwise has custody of a Child on his birthday, shall have custody of that Child for the birthday but shall invite the other Parent to attend any birthday celebration. - 3 - 2.4.h Parent's Birthday. The Parent celebrating his or her birthday shall have custody of the Children for the day or evening of that birthday at such times as the parties shall mutually agree. 2.4.11 Extended School Break. The Parents shall share custody of the Children during extended school breaks as they shall mutually arrange. 2.4.j Conflict with Work Schedule. In the event Father or Mother is unable to exercise a holiday/special day period herein provided because he or she is scheduled to work that day, that Parent shall be provided with reasonable make up time of custody of the Children when he or she is not working. 2.5 No Interruption. In the event a Parent is to have custody on two (2) physical custody periods which immediately precede or follow each other, that Parent shall have custody of the Children without interruption between the two (2) physical custody periods. 2.6 Precedence. The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 2.7 Planned Trips. The parties shall attempt to schedule all trips which include the Children during their custodial periods; however, if a Parent has a planned overnight or weekend trip with the Children that does not fall on his or her custodial times herein provided, the Parents shall discuss the matter and attempt to reach an agreement that would permit the children to go on that trip. 2.8 Modification. The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. If such mutually agreed upon modification is in writing (including email transmission which evidencing consent), it shall be binding upon the Parents to the extent and for the duration mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such signed written mutual agreement. 2.8 Transportation. The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent receiving custody -4- of the Children shall provide the transportation for that custodial exchange. The Parent having custody shall provide any necessary transportation for the Children to and from employment, sporting events, social events and the like. During periods of transportation, both Parents shall ensure that seat belts and other proper protection are used when transporting the Children. 2.9 Unavailability. In the event either Parent is going to be out of town or is otherwise unavailable to exercise his or her custodial periods for a period in excess of twenty-four (24) hours, that Parent shall notify the other Parent accordingly and the other Parent shall be provided with the opportunity to have custody for the period of unavailability. 3.0 MISCELLANEOUS. The following miscellaneous terms shall apply to and govern the Parent's custodial arrangements: 3.1 Extracurricular Activities. Both Parents shall honor and participate in the activities that the Child or Children wishes to engage in. During a Parent's custodial period, that Parent shall make certain that the Children attends any extracurricular activities and will transport the Children to and from such activities and the preparation and practice of the activities that are scheduled, in such time so that the Children is able to participate in those activities. Neither Parent shall, however, commit the Children to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Children to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Children to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Children to the activity and the custodial Parent shall make certain that the Children is ready for pick up in time to timely attend the activity. 3.2 No Derogatory Comments. Neither Parent will undertake, or permit by any other person, the poisoning of the Children's mind against the other Parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each Parent shall encourage and foster in the Children a sincere respect and affection for the other Parent. 3.3 No Discussion. Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Children. Neither - 5 - Parent shall discuss any pending legal action involving the Parents with the Children. Neither Parent shall utilize the Children for purposes of conveying information or inquiries pertaining to the Children and/or any pending legal action to the other Parent. 3.4 Telephone Contact. Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number. Each Parent, step-Parent, or live-in mate shall not unreasonably interfere with the Children's right to privacy during such telephone conversations, nor shall listen to that conversation on an extension telephone. Each Parent shall see that the Children call the other Parent upon receipt of any phone message requesting such a return call. 3.7 Address and Telephone Numbers. Each Parent shall at all times provide the other Parent with his or her residence address and a telephone number where the Children can be reached when in that Parent's custody. 4.0 ENTRY OF COURT ORDER. The Parents authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an order incorporating the terms of this Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: .on 01° {SEAL} t2a??_ A1'5em CHRISTINE G_. SWA Date: KEVIN C. SWADE Date: 9aZ -6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE G. SWADE, PLAINTIFF NO. 2008-4473 CIVIL TERM V. CIVIL ACTION - LAW KEVIN C. SWADE, IN CUSTODY DEFENDANT CERTIFICATION I, Diane G. Radcliff, Esquire, Attorney for Defendant, Kevin C. Swade, hereby certify that: 1. There were no prior judges assigned to this case or any companion case. 2. The parties have agreed to the entry of the Order as evidenced by the Stipulation /Consent attached hereto. Respectfully submitted, E G. D IFF, ESQUIRE 3 oad Camp Hill, PA 17011 (717) 737-0100 1. D. No. 32112 Attorney for Defendant