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Home My WebLink About05-5760 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney LD, No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KIMBERLEE SWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, OS- -.5'70 Cl~j"~l vs. BARRY L SWARTZ, JR., Defendant CNIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, KimbeTlee Swartz, by and through heT attorney, Kristopher T. Smull, EsquiTe, with this Complaint for Custody and heTeby aveTS as follows: 1. Plaintiff is Kimberee Swartz (hereinafter "Mother") an adult individual currently Tesiding at 124 South Front Street, WormleysbuTg, Cumberland County, Pennsylvania. 2, Defendant is Barry L Swartz, Jr. (hereinafteT "FatheT"), an adult individual currently residing at 16 College Hill Road, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following minor child: Brianna Swartz, date of birth NovembeT 12, 2004, age eleven (II) months. 4. The child was not born out of wedlock. The child is pTesently in the custody of Mother. 5, DUTing the first eleven (II) months of her life, the child has Tesided with the following persons at the following address: Name Mother and Father Address 124 South Front Street W ormleysburg, P A Dates 11/12/04 - 9/11/05 Mother 124 South Front Street W ormleysburg, P A 9/11/05 - Present 6. The Te1ationship of MotheT to the child is that of natural parent. Mother currently Tesides with the child at 124 South Front StTeet, Wormleysburg, Cumberland County, Pennsylvania. She is married and currently separated from FatheT. 7. The Telationship of FatheT to the child is that of natural parent. FatheT currently resides with his motheT at 16 College Hill Road, Enola, Cumberland County, Pennsylvania. He is married and currently sepaTated from Mother. 8. Mother has not participated as a party OT a witness, or in any other capacity in otheT litigation concerning the custody of the child in this OT any otheT Court, 9. Mother has no information of a custody proceeding concerning the child pending in a court ofthis Commonwealth, 10. MotheT does not know of a peTson not a party to the proceedings who has physical custody ofthe child OT claims to have custody OT visitation rights with Tespect to the child, II. The best interest and permanent welfaTe of the child will be served by granting the relief Tequested. 12. Each parent whose parental rights to the child have not been terminated and the peTson who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff Tequests the Court to grant her shared legal and primary physical custody of the child, Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: October 27,2005 By: ! KRI TO R T. SMULL, ESQUIRE Attorney LD. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Kimberlee A. Swartz, hereby verify and state that the facts set forth in the foregoing docwnent are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S.A. 94904 Telating to unsworn verification to authorities. r Date: CERTIFICATE OF SERVICE I, Kristopher T. Smull, EsquiTe, Attorney fOT Plaintiff heTein, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy theTeof in the United States mail, first class, postage prepaid, addTessed as follows: Barry L Swartz 16 College Hill Road Enola, P A 17025 Date:~I)lo~ By: 210 GTandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney fOT Plaintiff 7d G W- It:- i ---... ...... ........ -- V) ~ Lv C> ~ ...() ~ --G ---::t ~ g ~ , ; ):" ~;;~ ::::, -< o c::: ...., = ';';~'.:I <1' - C3 '"'" I +-- 8 -0 :2':: o --n -I ::T--n Ill? -om -ud '..)6 ,..oj (t~ :IJ -;:ore) (jnl -, ~ -< N '-', <.oj KJMBERLEE SWARTZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. OS" -l:7'-O (2('u~L ~ ~ BARRY L. SWARTZ, JR., Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this 2'-1 "" day of Oc 1ub.tr ,2005 come the Plaintiff, Kimberlee Swartz, by and through her attorney, Kristopher T. Smull, Esquire, and the Defendant, Barry L. Swartz, Jr., and hereby enter the following Stipulation concerning custody of their minor child, Brianna Swartz, as follows: 1. Plainitff is Kimberlee Ann Swartz (hereinafter "Mother"), an adult individual currently residing at 124 South Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. Defendant is Barry L. Swartz, Jr. (hereinafter "Father"), an adult individual currently residing at 16 College Hill Road, Enola, Cumberland County, Pennsylvania. 3. The parties are the parents of one (1) minor child: Brianna Swartz, date of birth November 12, 2004, age ten (10) months. 4. Legal custody of said minor child shall be vested solely in Mother. Mother shall have the right to make all decisions regarding the best interests and well-being ofthe minor child, including, without limitation, medical, religious and educational decisions. Mother agrees to keep Father fully informed as to any problems and matters of importance concerning the best interests and well-being of the minor child. 5. Primary physical custody of the minor child shall vest and remain in Mother subject to Father's partial physical custody schedule as follows: (a) Father shall complete all recommended evaluations pursuant to his ARD Program. (b) Father shall have supervised visits with the child at the home of his mother and father, Irene Swartz and Barry Swartz, Sr. Only the presence of one of Father's parents shall be required. (c) Father shall not consume alcohol twenty-four (24) hours prior to or during the supervised visits with the child. (d) Dates and times for said supervised visitation shall be agreed upon by the parties. (e) Unsupervised visitation shall be discussed between the parties and specific times and dates set forth should Father, on his own, successfully complete an Alcohol Rehabilitation Program. (f) Mother shall have the right to refuse visits upon a reasonable suspicionthat Father has been consuming alcohol. 6. Transportation for Father's supervised visits shall be solely by Mother. 7. The parties may modify the schedule set forth above, as they may agree to be in the best interests of the minor child, and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes. 8. The non-custodial parent at any given time shall have reasonable ongoing telephone access to the minor child, and the minor child shall not be precluded from telephoning the non- custodial parent at reasonable times. Should the minor child be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the child return the telephone call when the child reaches an appropriate age. 9. Each party shall keep the other advised of a current address and telephone number. 10. Each party shall advise the other promptly of any illness suffeI;ed or injuries sustained by the minor child. 11. . The parties shall communicate directly with each other regarding the minor child, and shall allow no interference from any third persons. The minor child should not be used as an intermediary. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 12. The parties will not undertake or allow by any other person the poisoning of the child's mind against one of the other parties by conversation which includes any critical, hostile or condemning language, or in any way derogates the other party from extended family members. 13. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor child. 14. Neither party shall attempt or condone any attempt directly or indirectly, by any artifice or subterfuge whatsoever, to estrange the minor child from the other parent, or to injure or impair the mutual love and affection of the minor child. At all times, each parent shall encourage and foster in the minor child a sincere respect and affection for the other parent, and shall not hamper the natural development of the child's love and respect for the other parent. 15. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor child is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the child's attendance at regularly scheduled activities and special events. 16. Mother acknowledges that she has been advised of the legal ramifications of this Stipulation by her attorney and voluntarily consent to this Agreement. Father has been advised to seek legal counsel for the review of this Agreement and has voluntarily decided waive said his right to counsel. Father has read and understands the legal ramifications of this Stipulation and voluntarily consents to the terms ofthis Agreement. 17. It is the intension of the parties that this Stipulation may be entered as an Order of Court as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act 23 Pa.C.S. Ch. 54. It is agreed that until subsequent Order of Court of competent jurisdiction, Pennsylvania, shall be deemed the home state of the child, and this Stipulation shall be considered to be the first Custody Decree or initial Decree conceming said minor child. . . IN WITNESS WHEREOF, the parties hereto have executed, sealed and acknowledged this Agreement on the day and year above-written. -i~\\bul~ ~ju\ Kimbe lee Ann Swartz Plaintiff -~~cuaJv~ {' ,-\:: CY.l!\.!Li+f .)-,-1, "'~J:} )..? Barry L. Swartz Jr. Defendant Subscribed and swom.w before me this /J.. L/ day of O(/-}7Jkw r ,2005. ~%{(J )1?~d3 (Notary Public vUMMONWfOALfH OF PENNSYLV''''". NoIarial Seal 'Tina M. Robertson. Notary Public East Pennsboro Twp.. Cumberland County My Commlssloo Expi....s Nov. 15.2007 Member, Pennsylvania AssoClatJon Of Notaries Subscribed and sw~ to before me this .;l'1 " day of () t: -}v h.. r ,2005. ~!t/L~fl /11)f!LO l Notary Public vuMMONWEALTH OF PENNSYLW"',n NoIarlal Seal Tina M. RobeJ1son, Notary Public East Pennsboro Twp., CUmberland County My Commission Expires Nov. 15. 2007 Member. Pennsylllanlz AssoclahOn Of Notanes C) ...., ~ = c--:: = ~ 0" -4 Z -~ c:o ....--n <:: nip I -"rn ~~Jy .s-- ~:~O " ---,- -I', ;,1 ~ '~~ (") c.. 1') ("SIn L~ -~ ~~i U1 :D .-'. W -< .~ o KJMBERLEE SWARTZ, NOV 0 8 2005 ~ ~f : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : No. O!; -S7fc,() C!iu~L ~82-1 BARRY L. SWARTZ, JR., Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, TO WIT, this <f~' day of ~~ , 2005, it is hereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. ,CP D' \\' /J/ ,\tN("fY . . "n:) "", \"ll,. S S :& I,)'J 6 - Wi! SODl ., """"" < ,'.',, ",",' 'd ::1' il '0 ^tl.~" ""\ .,-' ,) ,',.",' ,-' -' /.:....",,<..1 ..-'.'J'.... ...,!, -l 38!,:J::iC-{EJl!:i