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HomeMy WebLinkAbout09-1152FREDERICK P. VERBOS, Jr Plaintiff V. STACY L. SWARTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. o CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Frederick P. Verbos, Jr., an adult individual who currently resides at 12 Richland Lane, Apt. T-3, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Stacy L. Swartz, an adult individual who currently resides at 3520 March Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintif, seeks custody of the following child: Name Present Residence Ape 1. Scarlett E. Verbos 3520 March Drive Cam Hill, PA 17011 1 '/2 (DOB 7/7/07) The child was born out of wedlock. The child is currently in the custody of Defendant, who resides at 3520 March Drive, Camp Hill, CumberlaW County, Pennsylvania 17011. During the past five (5) years, the child has resided with the following persons and at the following addresses: Address 1. Frederick 1'. Verbos Stacy L. Swartz Caiden S. Swartz Dotti Yin ling Scott Yin fin 1. Frederick . Verbos and Stacy L. Swartz 2. Stacy L. Swartz 175 Hiddenwood Drive Harrisburg, PA 17110 3520 March Drive amp Hill, PA 17011 3520 March Drive amp Hill, PA 17011 Dates 7/7/07 to 8/31/07 9/07 to 11/08 1 l /08 - present The Mother of the child is Defendant, Stacy L. Swartz, who currently resides at the address listed above. She is single. The Father of the child is Plaintiff, Frederick P. Verbos, Jr., who currently resides at the address listed above.' He is single. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: 5. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: 6. The Plaintiff has not participated as a party or witness, or in another capacity, other litigation concern ing the custody of the child in this or any other court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. The best interest and permanent welfare of the child will be served by granting the joint legal and joint physical custody of the child for the following reasons: A. The granting of the relief requested will be in the best interest and permanent welfare of the child. B. Defendant has interfered with Plaintiffs efforts to see his daughter. 8. Each person whose parental rights to the child has not been terminated, and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: N/A. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant joint legal and physical custody of the child to him with a reasonable joint physical custody schedule. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. By: Karl R. Hildabrand Attorney I.D. No. 30102 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorney for Plaintiff VERIFICATION I, FREDERICK P. VERBOS, JR., verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. C Date: _Z I ZO I ZB b By. 4re?derick P. Verbos, Jr. r`7 r? 7`+ FREDERICK P. VERBOS, JR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY L. SWARTZ DEFENDANT 2009-1152 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 04, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, April 06, 2009 at 10:00 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/ Dawn S. Sunda Es q. ZIA 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 ''VWVA-tXSNN34 , -39 61:C Nd ' - HVW M kft"Uodd m ?o D:HCO- f i APR IS 2009 FREDERICK P. VERBOS, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-1152 CIVIL ACTION LAW STACY L. SWARTZ Defendant IN CUSTODY ORDER OF COURT AND NOW, this '-Lit day of A I ,J , 2009, upon consideration of the attached Custody Conciliation Report, it is rd dered and directed as follows: 1. The Father, Frederick Verbos, Jr., and the Mother, Stacy Swartz, shall have shared legal custody of Scarlett E. Verbos, born July 7, 2007. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which 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 possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Beginning on Friday, April 10, 2009, the parties shall share having physical custody of the Child on the following alternating biweekly schedule for a three month temporary trial period pending the follow-up custody conciliation conference scheduled in this Order and further agreement of the parties or Order of Court: A. During Week I, the Father shall have custody of the Child from Friday at 8:00 a.m. through Monday at 8:00 a.m., the Mother shall have custody from Monday at 8:00 a.m. through Wednesday at 8:00 a.m., and the Father shall have custody from Wednesday at 8:00 a.m. through Friday at 8:00 a.m. B. During Week II, the Mother shall have custody of the Child from Friday at 8:00 a.m. through Monday at 8:00 a.m., the Father shall have custody from Monday at 8:00 a.m. through Wednesday at 8:00 a.m., and the Mother shall have custody from Wednesday at 8:00 a.m. through Friday at 8:00 a.m. 5 ? t ai cr% c= N C. The Mother shall have custody of the Child during the Father's workdays when he would otherwise have a period of custody under this schedule. Therefore, when the Father has custody of the Child overnight the night before a workday, the Father shall transport the Child to the Mother's residence at 5:00 a.m. and if the Father is having the overnight period of custody after his workday, the Mother shall transport the Child to the Father at 5:00 p.m. In the event the Mother has an overnight period of custody immediately preceding the Father's period of custody, the Father's period of custody shall begin at 5:00 p.m. after his workday. When the Father is receiving custody of the Child on Friday for his weekend period of custody, the Father shall pick up the Child at the Mother's residence at 5:00 p.m. D. The parties' agreement to follow the preceding schedule on a trial basis pending the follow-up custody conciliation conference shall be without prejudice to either party's position on custody at that time. 3. The Father shall have custody of the Child for Easter in 2009. One parent will have custody of the Child for Memorial Day in 2009 and the other parent shall have custody for July Fourth, with the parties determining the specific arrangements for each holiday by agreement. 4. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, July 7, 2009 at 10:30 a.m. The purpose of the conference shall be to establish ongoing custody arrangements following the parties' experience with the schedule provided in this Order. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at 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. cc 1 R. Hildabrand, Esquire - Counsel for Father tacy L. Swartz - Mother 4 BY THE COURT, FREDERICK P. VERBOS, JR. Plaintiff vs. STACY L. SWARTZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1152 CIVIL ACTION LAW IN CUSTODY 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Scarlett E. Verbos July 7, 2007 Mother 2. A custody conciliation conference was held on April 6, 2009, with the following individuals in attendance: the Father, Frederick Verbos, Jr., with this counsel, Karl R. Hildabrand, Esquire, and the Mother, Stacy Swartz, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. 4.00 `? 0 Date Dawn S. Sunday, Esquire Custody Conciliator JUL 10 2009 FREDERICK P. VERBOS, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-1152 CIVIL ACTION LAW STACY L. SWARTZ Defendant IN CUSTODY ORDER OF COURT AND NOW, this I & IL - day of , 2009, upon consideration of the attached Custody Conciliation Report, itis ordered and directed as follows: The prior Order of this Court dated April 14, 2009 shall continue in effect as modified by this Order. 2. Paragraph 2 of the April 14, 2009 Order is vacated and replaced with this provision: The parties shall have physical custody of the Child on the following alternating biweekly schedule: A. During Week I, the Father shall have custody of the Child from Friday at 8:00 a.m. through Monday at 8:00 a.m., the Mother shall have custody from Monday at 8:00 a.m. through Wednesday at 8:00 a.m., and the Father shall have custody from Wednesday at 8:00 a.m. through Friday at 8:00 a.m. B. During Week II, the Mother shall have custody of the Child from Friday at 8:00 a.m. through Monday at 8:00 a.m., the Father shall have custody from Monday at 8:00 a.m. through Wednesday at 8:00 a.m., and the Mother shall have custody from Wednesday at 8:00 a.m. through Friday at 8:00 a.m. C. The Mother shall have custody of the Child during the Father's workdays when he would otherwise have a period of custody under this schedule. Therefore, when the Father has custody of the Child overnight the night before a workday, the Father shall transport the Child to the Mother's residence at 8:00 a.m. and if the Father is having the overnight period of custody after his workday, the Mother shall transport the Child to the Father at 5:00 p.m. In the event the Mother has an overnight period of custody immediately preceding the Father's period of custody, the Father's period of custody shall begin at 5:00 p.m. after his workday. When the Father is receiving custody of the Child on Friday for his weekend period of custody, the Father shall pick up the Child at the Mother's residence at 5:00 p.m. D. The parties acknowledge that the preceding custody arrangements are based, in part, on the Mother's ability to provide care for the Child during the Father's workdays under his present work schedule. In the event the Father is no longer employed, for any reason, either party may contact the conciliator to schedule an expedited custody conciliation conference to review the custodial arrangements. J 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. Notwithstanding the foregoing, the parties agree that the Mother shall have custody of the Child during Segment A in 2009, which would otherwise be the Father's period of Segment A custody, and continuing until such time as the Father has other children and desires to have the Child spend Christmas Eve into Christmas morning with her stepsibling. B. Alternating Holidays: In odd-numbered years, the Mother shall have custody of the Child on New Year's Day, July Fourth and Labor Day and the Father shall have custody of the Child on Easter Sunday, Memorial Day and Thanksgiving. In even-numbered years, the Father shall have custody of the Child on New Year's Day, July Fourth and Labor Day, and the Mother shall have custody of the Child on Easter Sunday, Memorial Day and Thanksgiving. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day. D. Child's Birthday: The non-custodial parent shall be entitled to have contact with the Child, either by telephone or in person, on the Child's birthday each year. E. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 4. Each party shall be entitled to have up to two nonconsecutive weeks each year for vacation custody with the Child upon providing at least 30 days advance notice to the other party. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall notify the other in advance of the address and telephone number where the Child can be contacted during vacation. 5. The parties shall share responsibility for providing transportation for exchanges of custody unless otherwise agreed. 6. The non-custodial parent shall have liberal, reasonable telephone contact with the Child. 7. In the event either party intends to relocate his or her residence to such an extent that it would interfere with the existing custodial arrangements, that party shall provide at least 60 days advance notice to the other parent to enable the parties to adjust the custodial arrangements by agreement or through the legal system if necessary. 8. This Order is entered pursuant to an agreement of the parties at 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. cc: arl R. Hildabrand, Esquire - Counsel for F Stacy L. Swartz - Mother nn l?0 t ??. S ,?yt,?, l 7/?31?r BY THE COURT. FREDERICK P. VERBOS, JR. Plaintiff VS. STACY L. SWARTZ Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1152 CIVIL ACTION LAW IN CUSTODY 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Scarlett E. Verbos July 7, 2007 Mother/Father 2. A custody conciliation conference was held on July 7, 2009, with the following individuals in attendance: the Father, Frederick Verbos, Jr., with this counsel, Karl R. Hildabrand, Esquire, and the Mother, Stacy Swartz, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. oo'? Date Dawn S. Sunday, Esquire Custody Conciliator FILED C'E OF THE , , - , T Y 2009 JUL 13 pi I t 3 t3 4'l ' t