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Home My WebLink About09-3123CLAYTON FITZPATRICK IN THE COURT OF COMMON PLEAS OF MONTGOMERY, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09- 31,,3 CIVIL TERM ASHLEY NICOLE SWARTZ, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Clayton Fitzpatrick Montgomery, (Father). Father resides at 152 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is Ashley Nicole Swartz, (Mother). Mother resides at 604 North Baltimore Street, Apartment K, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. Father seeks periods of partial custody of the minor child: Name Present Residence Age Devon Montgomery 604 N. Baltimore Street - Apt K 10.26.05 DOB; 3'/s yrs old Mount Holly Springs, PA Devon was born out of wedlock. Devon is presently in the custody of Mother. During his lifetime, Devon has resided with the following persons and at the following addresses: Name Address Date Clayton Montgomery Ashley Swartz Matt Hodge Carl Simms Tyrese Marshall 345 W. Penn St Carlisle, PA birth - 12/06 Ashley Swartz Limekiln Rd birth -12/06 Wanda Swartz Carlisle, PA SC Jeff Swartz Josh Swartz Cassie Swartz Ashley Swartz Limekiln Rd 12/06 - May/June 2007 Wanda Swartz Carlisle, PA SC Jeff Swartz Josh Swartz Cassie Swartz Ashley Swartz Elm St 5 or 6/07 - sometime 2008 Cassie Swartz Carlisle, PA Unknown Roommate Ashley Swartz 604 N. Baltimore St sometime 2008 - present Cassie Swartz Apt K Mount Holly Springs, PA The parties are no longer in a relationship. 4. Mother resides with the following persons: Name Relationship Cassie Swartz Sister Devon Montgomery Child with Clayton Montgomery 5. Father currently resides with the following persons: Name Relationship Tyger Rose Fink Girlfriend Kelsey Fink Girlfriend's Daughter Samara Montgomery Child with Clayton Montgomery 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Devon in this or another court. 7. Father has no information of a current custody proceeding concerning Devon pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Devon or claims to have custody or visitation rights with respect to Devon. 9. The best interest and permanent welfare of Devon will be served by granting the relief requested for reasons including, but not limited to the following: a) While the parties were together for the first year of Devon's life, Father shared equally in the caretaking responsibilities for Devon. Father cared for Devon during the day while Mother worked and Mother cared for Devon overnight while Father worked his third-shift job. b) Despite the end of the relationship between Father and Mother, Father has tried to maintain contact with Devon and develop a father/son relationship with him. c) Father lives in a home that is a safe and nurturing environment in which to exercise periods of partial custody with Devon. d) Father has all the necessary items to care for Devon, during periods of partial custody. e) Father is willing and able to care for Devon during periods of partial custody and he is committed to establishing and nurturing a healthy father/son relationship with him. f) Father is willing to work with Mother to co-parent Devon and will communicate with Mother to best serve Devon's interests. g) Mother is not acting in Devon's best interest in ways including but not limited to the following: i) Mother is arbitrary in deciding when Father can visit with Devon. ii) Mother allows Father's relatives and friends to visit with Devon and requests that they not notify Father that Devon is in their homes in order to keep Devon from Father. Mother has provided no legitimate reason for disallowing Father to have time with Devon. iii) Mother has deliberately acted in a manner to interfere with, if not prohibit, Father from establishing a healthy father/son relationship with Devon. 11. Every person with rights to custody or having actual physical custody of Devon has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Devon. 2) Grant Mother primary physical custody of Devon. 3) Grant Father periods of partial custody with Devon. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with Devon. 5) Any further relief that this Court finds to be just and proper. submitted, 7es 4a Holst, Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, CLAYTON FITZPATRICK MONTGOMERY, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.s. §4904, relating to unsworn falsification to authorities. Date: CL ON FITZP NTGOMERY CLAYTON FITZPATRICK MONTGOMERY, Plaintiff V. ASHLEY NICOLE SWARTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Ashley Nicole Swartz with a Complaint For Custody on , 2009 by certified mail, return receipt, restricted delivery, to the person and addresses below: Ashley Nicole Swartz 604 North Baltimore Street - Apt K Mount Holly Springs, PA 17065 Date: s-jl tsl0 5 Signature: OF THE C,"TARY 2609 MAY 18 Ark 11: 37 Glit! r'Y 4, P. L", CLAYTON FITZPATRICK IN THE COURT OF COMMON PLEAS OF MONTGOMERY, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09- 3Q3 CIVIL TERM ASHLEY NICOLE SWARTZ, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Clayton Fitzpatrick Montgomery, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. J ica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 RLED-C"i HOC i-•Y'? i 4t`oA Pl?V f? t,lF THE 2009 MAY 18 AMI11: 38 fir: ? ^_ ?"''•!?a CLAYTON FITZPATRICK MONTGOMERY PLAINTIFF V. ASHLEY NICOLE SWARTZ DEFENDANT . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2009-3123 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 21, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 18, 2009 at 10.30 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/ Ja!gqueline M. Verney, Esq. 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 r 2Q"9 131, f 22 h y 11: 5 { -r Nk t- , r JUN -16 2009 in CLAYTON FITZPATRICK MONTGOMERY: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-3123 CIVIL ACTION - LAW ASHLEY NICOLE SWARTZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this IAA' day of I y 4-?` , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Clayton Fitzpatrick Montgomery and the Mother, Ashley Nicole Swartz, shall have shared legal custody of Devon Montgomery, born October 26, 2005. Each parent 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: beginning Saturday June 20, 2009 every Saturday and Sunday from 2:30 p.m. to 10:00 p.m. 4. Transportation shall be shared such that the parties shall meet at the Carlisle Cinema at the beginning of Father's period of custody and Father shall transport the child to Mother's work location at the Iron Skillet at the conclusion of his period of custody. Father's girlfriend shall not be present at the custody exchanges. 6. The parties shall communicate with each other concerning custodial matters. Custodial communications shall not occur by third parties. 7. Neither party shall do or say anything, nor permit any third party from doing or saying anything that 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. 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. Another Custody Conciliation Conference is scheduled for July 17, 2009 at 1:30 p.m. BY THE COURT, ?1 \\ J. cc: Jessica Holst, Esquire, MidPenn Legal Services, Counsel for Father Melanie L. Erb, Esquire, Counsel for Mother t"(?' 'I; THE OTAR 2069 JUN 22 Al's : 1 CLAYTON FITZPATRICK MONTGOMERY: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-3123 CIVIL ACTION - LAW ASHLEY NICOLE SWARTZ, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Devon Montgomery October 26, 2005 Mother 2. A Conciliation Conference was held in this matter on June 18, 2009, with the following in attendance: The Father, Clayton Fitzpatrick Montgomery, with his counsel, Jessica Holst, Esquire, MidPenn Legal Services and the Mother, Ashley Nicole Swartz, with her counsel, Melanie L. Erb, Esquire. 3. The parties agreed to an Order in the form as attached. 6 ---1?"O _ k " LA?' Date T acq line M. Verney, Esquire Custody Conciliator `fir ?3? ? ? .. ? ??? ? ??? P .T,; 2?a`? ?'??# 2? ??? ?,?^ JUL ~ U 10090 CLAYTON FITZPATRICK MONTGOMERY: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-3123 CIVIL ACTION -LAW ASHLEY NICOLE SWARTZ, Defendant : IN CUSTODY ORDER OF COURT r,d AND NOW, this ~_ day of ~J ~y , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 19, 2009 shall remain in full force and effect with the following modifications and additions. 2. Paragraph 3 shall be deleted and replaced with the following. Father shall have the following periods of partial physical custody: A. Alternating weekends Saturday at 9:00 a.m. to Sunday at 10:00 p.m. B. Every Tuesday and Thursday at times agreed by the parties. 3. Holidays: A. Thanksgiving and Easter shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. as agreed by the parties. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. Memorial Day, July 4t" and Labor Day shall be alternated among the parties from 9:00 a.m. to 9:00 p.m. Mother shall have Labor Day, 2009. D. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 9:00 p.m. E. Child's birthday. Each party shall have a block of time with the child on his birthday. 4. All other provisions of the prior Order of Court shall remain in full force and effect. 5. 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. BY THE COURT, ~~ ca,.~\ c ess' a Holst, Esquire, MidPenn Legal Services, Counsel for Father elanie L. Erb, Esquire, Counsel for Mother FiLE~~--'~~~Fl~;~ 209 JUG. 22 PM 3~ ~~ ~ Ul~:~~,: ~~~~,.ti~, ,4j, i~;ti ~,S~f V.~i`v~A CLAYTON FITZPATRICK MONTGOMERY: IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-3123 CIVIL ACTION -LAW ASHLEY NICOLE SWARTZ, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. 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 1N CUSTODY OF Devon Montgomery October 26, 2005 Mother 2. A Conciliation Conference was held in this matter on July 17, 2009, with the following in attendance: The Father, Clayton Fitzpatrick Montgomery, with his counsel, Jessica Holst, Esquire, MidPenn Legal Services and the Mother, Ashley Nicole Swartz, with her counsel, Melanie L. Erb, Esquire. 3. The Honorable M.L. Ebert, Jr., entered an Order of Court dated June 19, 2009 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody every Saturday and Sunday. 4. The parties agreed to an Order in the form as attached. -~~-09 ~ ~ Date ac line M. Verney, Esquire Custody Conciliator