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Home My WebLink About04-4345 TERESA M. SWANGER, vs. CRAIG K. SWANGER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE l ^ NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THI5 OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-316b TERESA M. SWANGER, Plaintiff vs. CRAIG K. SWANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE . NO. COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE COUNTI AND NOW, this ~~ ~ y of ~~ ~~lx~p,~; 2004, comes the Plaintiff, Teresa M. Swanger, by her attorney, Jane M. Alexa der, Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Teresa M. Swanger, 29 years of age, who currently resides at 1713 Anna street, New Cumberland, Cumberland County, Pennsylvania l 7070. 2. Defendant is Craig K. Swanger, 29 years of age, who currently resides at 13 Creekside Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff has been a bcma fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 27, 1997 at York Springs, Pennsylvania. 5. There was a child born to the between the parties during the marriage; Brian Knisely Swanger. Age 5, born April 7, 1999. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through eleven (11) are incorporated herein by reference and made a part hereof. 13. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and whosesoever situate and for such further relief as the Court may deem equitable and just. COUNT IV COMPLAINT FOR CUSTODY I5. The Plaintiff seeks primary physical and joint legal custody of the following child, I~ Brandon Knisely Swanger, age 5, born Apri17, 1999. 16. The child was barn during this marriage. 17. The child is presently in the custody of Plaintiff. 18. The child has resided with the Plaintiff and Defendant from birth to August 26, 2004 at 13 Creekside Drive, Enola, East Penn Township, Cumberland County, Pennsylvania 17025. 14. The relationship to the Plaintiff to the child is that of natural mother. 20. The relationship of the Defendant to the child is that of natural father. 21. The Plaintiff is seeking joint legal custody of the child and primary physical custody with the Defendant having custody for purpose of visitation at regularly scheduled times. 22. The Plaintiff has not participated as a parry or witness, or in any other capacity, in other lixiviation concerning the custody of this child in this or any other Court. 23. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 24. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 25. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and joint legal custody because the Plaintiff is and has been primary caretaker of the child and able to provide the child with a good environment and proper care. WHEREFORE, the plaintiff requests your Honorable Court to grant her primary physical custody of the subject child with reasonable rights of visitation to the Defendant and that he shall not remove the child from the jurisdiction of the Pennsylvania Courts. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce i from the bonds of matrimony. Respectfully submitted, J e M. Alexap'der, Es~re ttorney for plaintiff .D. No. 07355 148 South Ba]timore Street Dillsburg, PA 17019 (717) X432-45 ] 4 VERIFICATION I verify that the statements made in this Complaint 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 un-sworn falsification to authorities. Date: fi~.2 ~~~-/ ~Y1'1 .r~aC,~-ngH Teresa M. Swanger COMMONW ALTH OF' PENNSYLVANIA COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, personally appeared Teresa M. Swanger who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. ~DnQcz, tYl ~aamg~, _ Teresa M. Swanger Sworn to and subscri ed before me this ,,2 7f-- day of G,,v-t~~; , 2004. .1~ ,~ Notary Public Notarial Seal Halyard B. Alexander, Notary Public Dillsbur~ Boro, York County My Comraissron Expires Apr. 23, 2005 Member, PennsylvaniaAssociation otNOtadeB T ~~ (~°' ~ ~~ ie'~, ~ ~ N ~ c ~, ~+ ~q r 'f~J 'I p !V. r ~ ~ ° ~ ~, ~. n o -ri N `, ~ ~1 V1~. L"` ~ .y `F ~ ~ ~.=1 C~ i L~-, S. ~%tfn ~ 4~tL W ~ 1' l.3 . ~ ~-~7 7a n? _" I'ERESA M. SWANGER Plaintiff VS. CRAIG K. SWANGER Defendant : IN 'JCHE COURT OF COMMON PLEAS OF CU ,M~BuERLAND COUNTY, PA NO. 04 ~f CIVIL ACTION LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SE1[iVICE AND NOW, this _~ day o rv~-c-c~ , 2004 personally appeared Jane M. Alexander, Esquire who swears accor ng to law, that a true and correct copy of a COMPLAINT IN DIVORCE AND CUSTOD was caused to be served by certified mail with return receipt requested upon the said, CRAIG K. SWANGER ]3 CREEKSIDEDRIVE ENOLA, PA 17025 on September 4, 2004 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. LD. #2'07355 48 S. Baltimore Street PA 17019-0421 Sworn and subscribed before me this ~ day of Notary Public ~ Notecial Seal public Halyard E. Alexander, Notary Dillsburg Boro, York Comty My Commission Expires Apt 23, 20113 Member, Pennsylvania Assoblatlon ~ NbtBrleS (717) 432-4514 TERESA M. SWANGER IPI THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA VS. NO.04-3445 CIVIL ACTION LAW CRAIG K. SWANGER Defendant IN DIVORCE AND CUSTODY PROOF OF SERVICE ^ <M7e,•~171a~ - (Domestic Mail Ot S w'1 m .n POeega s m 0 cennled Foe ° ° Rehm Reclept Fee (Endorsement Required) ° Raelrkted DelNery Fee t+1 (Endoreemem Requied) r ° Total Postage 8 Foe9 ~ S ° C~,ra~,g.. ° M1 3`iieei. AyC Fla:... arl+oaovNO. I3 C sirs {3.50 18.15 ~~ ak5i~ t, PA ^ Complete kerns 1, 2, and 3. Also complete A//.~~ Received by item 4 if Restricted Delivery is desired: lifU I' K • Print your name and address on the reverse - so that we can return the card to you. C. Sign ure ^ Attach this card to the back of the mailpiece, X or on the front 'rf space permRs. ./!C' D. Is tleliv ad 1. Artbls Addressetl to: If VES, enter CRa.r'y /~. Swa.~c~e-C. i33 C,ee~Ks;de o~;~ v ago O- tfeM ~ ~ fD Cleerty) ~ B. Data of DeNVery ^ Agent ~~ ~p No (.~ NG (0.l /" r1 `] 0 o~.J 3. Service Type ~" "Vl~~ Certified Mail ^ ail ^ Reflis[ered ^ Return Receipt for Memhandise ^ Insured Meil ^ C.O.D. 4. ResMCaed Delivery? (Extra Fee) yes 2. Article Number (Copy from service label 7004 07517 0003 6354 7870 PS Form 3811, July 1999 Domestic Return Receipl 102595-00-M-0952 C7 (,_ N L:a _C ~`~~ S~ V7 •-i i "~ ~n ` N W ..,7 ,--~ ~.. L_.: --~~ ~ A; , ... tin '",.5. i'r .Y-L= C)fTL q C1 :.C7 D SEP 2 8 2004 TERESA M. SWANGER, : IN THE COUR'C OF COMMON PLEAS OF Plaintiff : CUMBERLANI) COUNTY, PENNSYLVANIA V. : N0.2004-4345 CIVIL TERM CRAIG K. SWANGER, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~~N~'~r""""'~ > 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Teresa M. Swanger, and the' Father, Craig K. Swanger, shall have shazed legal custody of Knisely Swanger, born April 7, 1999. 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. For educational purposes, the Child's place of residence is 1713 Anna Street, New Cumberland, Pennsylvania 17070. 2. The pazents shall share physical custody of the Child on the following schedule: A. Father shall have physical custody of the Child every Tuesday and Thursday from after school to the next morning, and every Sunday beginning at 12:00 noon until the next: morning. Father will assure that the Child will be transported to school on Wednesdays, Fridays and Mondays. B. Mother shall have physical custody of the Child at all other times except as set forth hereinafter. 3. Holidays. The parties shall have physical custody of the Child as indicated below: A. Mother's Day/Father's Day- Mother shall have physical custody of the Child on Mother's Day at times agreed by the parties. Father shall have physical custody of the Child on Father's Day at times from 9:00 a.m. to 6:00 p.m. B. Christmas and Thanksgiving shall be shared as agreed by the parties. 4. Transportation shall be shared as agreed by the parties. 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. BS cc~M. Alexander, Esquire, Counsel for Mother ~ig K. Swanger, pro se 13 Creekside Drive Enola, Pa 17025 ~~`~~ o~ \o, o ~. J. ~~ ~~~ ,.., hull L ~ ~,;~~-n~• ~~~ Z~ :£ ~~d ~~ ~~S ~ia~Z r`c{blUna~~311~ ~0 JV{a~. SEP 2 ~ 2004 TERESA M. SWANGER, Plaintiff V. CRAIG K. SWANGER, Defendant PRIOR NDGE: None IN THE COURT OF (:OMMON PLEAS OF CUMBERLAND COifNTY, PENNSYLVANIA 2004-4345 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION 5UMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Concilial;or 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 CURRI'sNTLY IN CUSTODY OF A ri17, 1999 Mother Knisely Swanger P 2, A Conciliation Conference was held in this matter on September 28, 2004, with the following individuals in attendance: The Mother, Teresa M. Swanger, with her counsel, Jane M. Alexander, Esquire and Father, Craig K. Swanger, pro se. The parties agreed to an Order in the form as attached. I~ . U~ 9~ Date J que ne N[. Verney, Esquire Custody Conciliator TERESA M. SWANGER, Plaintiff vs. CRAIG K. SWANGER, Defendant IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PA. NO. 2004-A345 CIVIL TERM CIVIL ACTION-LAW IiY DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 Fc) of the Divorce Code was filed on August 27, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit 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 unsworn falsification to authorities. Date: ~~C~~ ~w~2 ~'1~ C~C~~. Teresa M. 5wanger ~'~ ~=f1 ~~ S?7 .-4 C.- 1" ~. y ~, "\ S~. 'il ~,(-•. ~T1 Y .... l:l..- .. ~a ~~ _. W TERESA M. SWANGER, Plaintiff vs. CRAIG K. SWANGER, Defendant IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA. NO, 2004-4345 CIVIL TERM CIVIL ACTION-LAW tN DIVORCE WAIVER OF NOTICE OF TNTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 330I(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning; alimony, division of property, lawyer's fees or expenses if [ do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, 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 unsworn falsification to authorities. Date: ,•/.51~"~ ~11'~ti- (~1'1. C~Ce~~, Teresa M. Swanger f: ., n> ` < i t4 C.~ _ t t .r. ~- -~'ti~ "~ ^. .~ C_.' ..- ii ~+~J :~ • i P'J `O W TERESA M. SWANGER, Plaintiff vs. CRAIG K. SWANGER, Defendant IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PA. 1V0. 2004-4345 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 27, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit are tnie and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~t~2 /! ~.~ Craig K.~ wanger ~-; ~:> -<< ;Cr; .-1 c T -v, sn ~:_ »: ~- , ;c~ ii - :c~? ` :.' . N -" ;<'i ' tT . ~ ~ L ~ ('+: TERESA M. SWANGER, Plaintiff vs. CRAIG K. SWANGER, Defendant IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA. PYO. 2004-4345 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE . 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not he divorced until a~. divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 1 S Pa_ C.S. Section 4904 relating to unsworn falsification to authorities. Date: U~~AZ//OS -~~l,,w, Craig K. v anger r> ~ ~~ -il C.~ 'T', _Tl { 17-_ 1 1 ~.~J y~ ~ti - u ~ ..-. ~ 4'~`J 1v, ~ *. [} 'i ~l I~'1 ~ ~ ~~ _f G7 TERESA M. SWANGER. vs. CRAIG K. SWANGER, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2004,434.5 CIVIL -ACTION LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following informatian, to the CouR for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §330Y.(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: was sent ceztified mail restricted delivery and was served to the Defendant September 4 2004 3. (Complete either paragraph (a) or (b)) a) Date of execution of the affidavit of consent requited by §3301(c) of the Divorce Code: by plaintiff January 5, 2005; by defendant January 21, 2005. b) (1) Date of executian of the affidavit requited by g3301(d) of the Divorce Code: (2) (a) Date of tiling of Plaintiff s affidavit upon respondent_ _ (b) Date of service of Plaintiff s affidavit upon respondent_ 4, Related claims pending: All claims are settled and satisfied by verbal agreement between the arties. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: (b) Date plairniff s Waiver ofNotice in Divorce was filed with the Prothonotary: January 31 2005. (c) Date defendant's Waiver of Notice in Divorce was filed with the Prothonotary: January 31, 2005. ,~ Date: ~_~ ; > `= , ~ - ~~ ''_ :~ ~; 3 .. ,'~ 'L% C^ • ~ ;-i f..1 .._ _.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUIVTY STATE OF F'ENNA. ~. ;,., TERESA M. SWANGER N O. 2004-4345 VERSUS CRAIG K. SWANGER DECREE IN DIVORCE ~ ~;~{•M AND NOW, ~ ~ , ~~ IT IS ORDERED AND DECREED THAT TERESA M. SWANGER AND CRAIG K. SWANGER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FO L.LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHIGH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~~n~~ BY ICH ATTEST: J. ` PROTHONOTARY ~,' ~ ~- ~. S-~' // f ~, c~ / ,-_ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T ce.so CY1. ~v,)ana e r Plaintiff Vs _ Gra~a K. Sw ana u Defendant File No. ~7J4 - t}3~-15 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ~( after the entry of a Final Decree in Divorce dated Febwo..~ ~+~ hereby elects to resume the prior surname of ~P_'(Q.4C? (Yl. ~kuvr\e~' ,and gives this written notice avowing his /her intention pursuant to the provisions of 54 P.S. 704. Date: S 15 ~.Ri.Dr~ f11._ Qh Signatur ~D.~2o Signature of Warn Bing resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTI' OF ~_u wtb er(a~ul On the ~ day of _Y' _, 200, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ~~~ rothonotary r Notary Pu c ~9p.AND ~ 1AMMRY ~ z ~' ti ~ ?- o ~~' c ~~. ~ ~~ ~ A ~ 4 ~ ~ T ~ ~~ *^:.:OH?~f:riJ f:~;;~yQ y `Ew+:9 i.?}.tnpn. ~,.~._..i ~ d'iii)Yts~"!. c. 't~.~ i'1uS%'a'~~d~N;J ~~e! a i