HomeMy WebLinkAbout09-6176
P. Richard Wagner, Esquire
Attorney ID No. 23103
Mancke, Wagner, Spreha & McQuillan
2233 North Front Street
Harrisburg, PA 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney for Plaintiff
MICHAEL SWARTZ, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
:CUSTODY
AMANDA LAWSON,
Defendant : NO. 09 - (.l71-
CUSTODY COMPLAINT
AND NOW, comes the Plaintiff, Michael Swartz, by and through his attorneys Mancke,
Wagner, Spreha & McQuillan and files the following complaint for primary custody as follows:
1. Plaintiff, Michael Swartz, is an adult individual residing at 1875 Spring Road, Carlisle,
Cumberland County, Pennsylvania.
2. Defendant, Amanda Lawson, is an adult individual residing at 19528 Fry Loop
Avenue, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are the parents of one child, Cameron Swartz, born
November 12, 2007.
4. The child was born out of wedlock.
5. Plaintiff is the natural father of the aforementioned child; Defendant is the natural
mother of the aforementioned child.
6. The child has resided since birth with the Defendant at the address contained in
paragraph 2 above.
7. Plaintiff is aware of no other person asserting a right to custody or partial
custody of the child.
8. Plaintiff believes and therefore avers that it is in the best interest of the child to grant
primary physical custody under the Plaintiff herein for the following reasons:
a. Plaintiff is better able to take care of the day to day needs
of the child;
b. The Defendant, it has been alleged, has been investigated
by Children and Youth Services and tested positive for
drug use;
C. The best interests of the child are better served by the
Plaintiff.
9. Plaintiff believes and therefore avers that primary physical custody should be vested
with the Plaintiff herein.
WHEREFORE, Plaintiff prays this Honorable Court grant him primary physical custody
of the minor child.
submitted,
`P. Richard Wagner, Esquire
Attorney ID No. 23103
Attorney for Plaintiff
2233 North Front Street
g/?/? y Harrisburg, PA 17110
Dated: / 717-234-7051
VERIFICATION
I verify that the statements made in the foregoing document 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 unworn falsification to authorities.
Date:_ , /J C
FILED
OF THE ;r4 r ()?:ARY
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MICHAEL SWARTZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2009-6176 CIVIL ACTION LAW
AMANDA LAWSON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, September 15, 2009 , 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 Count?Courthouse, Carlisle on Tuesday, October 20, 2009 at 2:00 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 . 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
OF THE Pr-,f' -"1,l,0TARY
2009 SEP 16 PH 12* 5 15
• LJ
l
MICHAEL SWARTZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-6176 CIVIL ACTION LAW
AMANDA LAWSON, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this 2&'_ day of October 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
Legal Custody: The Father, Michael Swartz, and the Mother, Amanda Lawson, shall have
shared legal custody of Cameron Swartz, born 11/12/2007. The parties 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 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: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Father shall have physical custody of Cameron every Tuesday and Wednesday
from 5:00 pm until 8:00 pm. Father shall pick Cameron up from day care at
5:00 pm and return Cameron to Mother's residence at 8:00 pm.
b. Commencing 10/31/09, Father shall have physical custody of Cameron every
other Saturday from 9:00 am until Sunday at 6:00 pm. Cameron shall spend the
Saturday overnight at paternal grandparents' residence in Newville, PA. Father
shall pick Cameron up from Mother's residence at 9:00 am Saturday and Mother
shall pick Cameron up from Father's residence at 6:00 pm on Sunday.
C. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
3. Mother shall have the right to briefly inspect Father's residence to make sure that the
environment is appropriate for Cameron.
4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
5. Holidays: The parents shall arrange a holiday schedule as agreed upon; in the absence of
agreement, a holiday schedule shall be addressed on November 17, 2009.
6. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall
take all measures deemed advisable to foster a feeling of affection between the Child and the
other party. Neither parent shall do nor shall either parent permit any third person to do or say
?ft
anything which may estrange the Child from the other parent, their spouse or relatives, or injure
the Child's opinion of the other parent or which may hamper the free and natural development
of the Child's love and respect for the other parent.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consumelbe 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.
9. A conference with the assigned conciliator is hereby scheduled for November 17, 2009 at 10:30
am at the Court of Common Pleas, Carlisle, PA 17013. In the event the parties need to change
this date or to request a telephone conference, the parties shall notify the assigned conciliator of
same.
10. 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:
of Lindsay, Esquire
Richard Wagner, Esquire
./John J. Mangan, Esquire
A.
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MICHAEL SWARTZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-6176 CIVIL ACTION LAW
AMANDA LAWSON, IN CUSTODY
Defendant
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
Cameron Swartz 11/12/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on October 21, 2009
with the following individuals in attendance:
The Mother, Amanda Lawson, with her counsel, Carol Lindsay, Esq.
The Father, Michael Swartz, with his counsel, Richard Wagner, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
/ Zzz-?? "-- -
Date Jo angan, Esquire
Cu o y Conciliator
-OF THE PROTHONOTARY
2N9OCT 27 AM l0: 40
CUM J -,C)UINTY
PENNSYLVANIA
NOV 2 3 200 Q
MICHAEL SWARTZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-6176 CIVIL ACTION LAW
AMANDA LAWSON, IN CUSTODY
Defendant
Prior Judge: Kevin A Hess, J.
ORDER OF COURT
AND NOW this Z y ` day of November 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with the
instant Order.
2. Legal Custody: The Father, Michael Swartz, and the Mother, Amanda Lawson, shall have
shared legal custody of Cameron Swartz, born 11/12/2007. The parties 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 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.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Father shall have physical custody of Cameron every Tuesday and Wednesday
from 5:00 pm until 8:00 pm. Father shall pick Cameron up from day care at
5:00 pm and return Cameron to Mother's residence at 8:00 pm. If Father is able
to pick Cameron up from day care earlier than 5:00 pm, Father shall be entitled
to do so.
b. Father shall have physical custody of Cameron every other Saturday from 9:00
am until Sunday at 6:00 pm. By mutual agreement, these overnights may be at
Father's residence; in the absence of agreement, these overnights shall be at
paternal grandmother's residence. Father shall pick Cameron up from Mother's
residence at 9:00 am Saturday and Mother shall pick Cameron up from Father's
residence at 6:00 pm on Sunday.
C. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
4. Holidays: Thanksgiving: Mother shall have custody of Cameron until 3:00 pm Thanksgiving
Day and Father shall have from 3:00 pm until 8:00 pm on Thanksgiving Day. Christmas:
Father shall have custody from noon on 12/24/09 until noon on 12/25/09 and Mother shall have
custody from noon on 12/25/09 until noon on 12/26/09. The parties shall switch these custodial
periods in even years.
5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
6. Right of first refusal: In the event that the custodial parent should require a care-
taker/babysitter for the Child a period of time in excess of four hours, the custodial party shall
first offer said opportunity to the non-custodial parent.
7. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall
take all measures deemed advisable to foster a feeling of affection between the Child and the
other party. Neither parent shall do nor shall either parent permit any third person to do or say
anything which may estrange the Child from the other parent, their spouse or relatives, or injure
the Child's opinion of the other parent or which may hamper the free and natural development
of the Child's love and respect for the other parent.
8. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use illegal
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.
10. A conference with the assigned conciliator is hereby scheduled for January 06, 2010 at 1:30 pm
at the Court of Common Pleas, Carlisle, PA 17013. In the event the parties need to change this
date or to request a telephone conference, the parties shall notify the assigned conciliator of
same.
11. 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:
Carol Lindsay, Esquire
Richard Wagner, Esquire
John J. Mangan, Esquire
By the Court,
MICHAEL SWARTZ,
Plaintiff
V.
AMANDA LAWSON,
Defendant
Prior Judge: Kevin A. Hess, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-6176 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:
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
Cameron Swartz 11/12/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on October 21, 2009, an
Order of Court was issued October 26, 2009 and a conference was held November 17,
2009 with the following individuals in attendance:
The Mother, Amanda Lawson, with her counsel, Carol Lindsay, Esq.
The Father, Michael Swartz, with his counsel, Richard Wagner, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Pu J ?Vym(C gan, Esquire
sto o nciliator
t^C ti ,r
):" - .t
2009 NOV 24 Hi 12.0 7
Cutvi;
MAR ~ ,2010 ~ ~
MICHAEL SWARTZ,
Plaintiff
v.
AMANDA LAWSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-6176
CIVIL ACTION LAW
IN CUSTODY
a L
Prior Judge: Kevin A Hess, P.J. ~,., ~_ ~ -~
ORDER OF COURT _ ~~
fi 7f: ~
AND NOW this /'~ ` day of March 2010, upon consideration of the attae Cus~''od ~>~j
-, ^
y--,
onci iation Report, it is Ordered and Directed as follows: _t? f:~ ~;{
rv t~ ~+
1. All prior Orders of Court entered in this matter are hereby VACATED and rept~ced~ith
instant Order. ~~~
2. Legal Custody: The Father, Michael Swartz, and the Mother, Amanda Lawson, shall have
shared legal custody of Cameron Swartz, born 11/12/2007. The parties 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 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.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Father shall have physical custody of Cameron every Wednesday from 5:00 pm
until Thursday morning. Father shall pick Cameron up from day care at 5:00
pm Wednesday and bring the Child back to day care Thursday morning. If
Father is able to pick Cameron up from day care earlier than 5:00 pm, Father
shall be entitled to do so.
b. Commencing Friday March 19, 2010, Father shall have physical custody of
Cameron every other weekend from Friday 5:00 pm until Sunday at 12:00 pm.
Father shall pick Cameron up from day care at 5:00 pm Friday and the parties
shall mutually agree on the Sunday exchange location; in the absence of
agreement, the parties shall meet at Nell's grocery store on Spring Rd., Carlisle,
PA on Sunday at noon. If Father is able to pick Cameron up from day care
earlier than 5:00 pm, Father shall be entitled to do so.
c. Both parties are directed to make all reasonable efforts to meet at the designated
times. Adequate prior notice to the other party shall be made if either party will
be fifteen minutes late for the exchange of custody.
d. Both parties shall ensure that Cameron is properly supervised at all times and in
a safe environment when Cameron is in his/her care.
e. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
4. Holidays: In the absence of agreement otherwise, the parties shall adhere to the holiday
schedule as attached.
5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
6. Right of first refusal: In the event that the custodial parent should require acare-
taker/babysitter for the Child a period of time in excess of four hours, the custodial party shall
first offer said opportunity to the non-custodial parent.
7. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall
take all measures deemed advisable to foster a feeling of affection between the Child and the
other party. Neither parent shall do nor shall either parent permit any third person to do or say
anything which may estrange the Child from the other parent, their spouse or relatives, or injure
the Child's opinion of the other parent or which may hamper the free and natural development
of the Child's love and respect for the other parent.
8. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use illegal
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.
10. Each parent shall have one week (seven consecutive days to include each party's respective
weekend) of vacation with the Child per year. The requesting parent shall give the other parent
30 days advance notice of the requested time and this vacation week shall supersede the regular
physical custody schedule. In the event the parties schedule conflicting vacations, the party
first providing written notice shall have the choice of vacation. Prior to departure, the parties
will provide each other with information regarding the intended vacation destination and a
telephone number at which they can be reached during their vacation. The parties may expand
this vacation time by mutual agreement.
11. 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:
„/~arol Lindsay, Esquire
/~Zlchard Wagner, Esquire
~nhn J. Mangan, Esquilire
3l~z~tc5
~~
By the Court,
r ~`/
P.J.
TIMES ODD EVEN
HOLIDAYS AND YEARS YEARS
SPECIAL DAYS
Easter Day 1St Half From 9 am until 3 m Father Mother
Easter Day 2" Half From 3 m until 9 m Mother Father
Memorial Day From 9 am until 9 pm Mother Father
Inde endence Day From 9 am until 9 pm Father Mother
Labor Day From 9 am until 9 pm Mother Father
Halloween From one hour before trick or Father Mother
treating to one hour after trick or
treating
Thanksgiving 1St From 8 am Thanksgiving Day to 3 Mother Father
Half pm on Thanksgivin Day
Thanksgiving 2° From 3 pm on Thanksgiving Day to Father Mother
half noon the day after Thanksgiving Day
Christmas 1St Half From noon on 12/24 to noon on Father Mother
12/25
Christmas 2n Half From noon on 12/25 to noon on Mother Father
12/26
New Year's From 6 pm 12/31 until noon January Mother Father
1St (with the 12/31 year to control the
even/odd determination)
Mother's Day From 9 am until 9 pm Mother Mother
Father's Day From 9 am until 9 pm Father Father
ReiTlllar Phvciral f netnrl~~ Cnl.n~l..la
Monday
M Tuesday
M Wednesday
M D ThursdayV V V Y
D M Friday µ1y
M Saturday
M Sunday
M
M M M D D M M D D D M
MICHAEL SWARTZ,
Plaintiff
v.
AMANDA LAWSON,
Defendant
Prior Judge: Kevin A. Hess, P. J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-6176
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 Custod~of
Cameron Swartz 11/12/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on October 21, 2009, an
Order of Court was issued October 26, 2009, a conference was held November 17,
2009, an Order was issued November 24, 2009, a conciliation conference was held
January 06, 2010, an Order was issued January 11, 2010 and a conference was held
March 09, 2010 with the following individuals in attendance:
The Mother, Amanda Lawson, with her counsel, Carol Lindsay, Esq.
The Father, Michael Swartz, with his counsel, Richard Wagner, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date
John . M gan, Esquire
Cu ody nciliator