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Home My WebLink About02-2519 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA L. SWANGER Plaintiff REBECCA A. SWANGER and JASON HALL Defendants NO. 02- ~g'l~ Civil Term : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Brenda L. Swanger, residing at 615 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The defendants are Rebecca A. Swanger and Jason Hall, residing at 615 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043, and 31 North Harrisburg Street, Oberlin, Dauphin County, Pennsylvania 17113, respectively. Plaintiff is the parent of defendant Swanger, the mother of the child at issue. Nalne Katelynn M. Swanger 3. Plaintiff seeks custody of the following child: Present Residence 615 Herman Avenue Lemoyne, PA The child was born out of wedlock. Date of Birth 04/29/00 The child presently is in the custody of plaintiff, who resides at 615 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Brenda L. Swanger Rebecca A. Swanger Address 615 Herman Avenue Lemoyne, PA Dates birth to present The mother of the child is Rebecca A. Swanger, currently residing at 615 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. She is single. The father of the child is Jason Hall, currently residing at 31 No~th Harrisburg Street, Oberlin, Dauphin County, Pennsylvania 17113. He is single. 4. The relationship of plaintiff to the child is that of maternal grandmother. plaintiff currently resides with the following persons: Name Relationship Rebecca A. Swanger Katelynn M. Swanger daughter granddaughter The The relationship of defendant Rebecca A. Swanger to the child is that of mother. 2 Defendant Swanger currently resides with the following persons: Name Relationship Brenda L. Swanger mother Katelynn M. Swanger daughter The relationship of defendant Jason Hall to the child is that of father. Defendant Hall currently resides with the following persons: Name Relationship Unknown 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 relief requested because: a. defendant Swanger has cognitive and behavioral limitations which affect her insight, judgment, decision-making skills, and overall functioning. She also suffers from chronic anxiety. Ms. Swanger currently receives SSI benefits, for which Plaintiff is payee. 3 b. defendant Swanger needs supervision in order to provide basic care for Katelynn. c. defendant Swanger recently informed plaintiff that she intends to move with Katelynn to Manheim with a boyfriend, Jeremy Fox, with whom she has been involved for only a brief period of time. d. Mr. Fox is the second boyfriend with whom defendant Swanger has become involved in the last six months. e. because of her daughter's limitations, plaintiff fears that Katelynn's physical, emotional and psychological welfare and development will suffer if she is removed from plaintiff's home. f. defendant Hall does not have contact with Katelynn. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as part/es to this action. Wherefore, plaintiff requests the court grant her custody of the child. 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff 4 VERIFICATION I, Brenda L. Swanger, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: May /7~ -~ , 2002 BRENDA L. SWANGER,: Plaintiff V. REBECCA S. SWANGER and JASON HALL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2519 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of May, 2002, upon consideration of Plaintiff's Application for Special Relief Pursuant To 1915.13, a hearing is scheduled for Monday, June 3, 2002, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff Rebecca A. Swanger 615 Hemian Avenue Lemoyne, PA 17043 Defendant, Pro Se / Jason Hall 31 North Harrisburg Street \ Oberline, PA 17113 Defendant, Pro Se :rc j,j,]? J ~.j., BRENDA L. SWANGER PLAINTIFF V. REBECCA A. SWANGER AND JASON HALL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2519 CIVIL ACTION LAW IN CUSTODY AND NOW, Friday, May 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, July 01, 2002 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. All children age five or older may also be present at the conference. 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/ Melissa P. Greevy. 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 ATI'ORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA L. SWANGER Plaintiff REBECCA A. SWANGER and JASON HALL Defendants : NO. 02-2519 Civil Term . .' : CIVIL ACTION - CUSTODY MOTION TO WITHDRAW APPLICATION FOR SPECIAL RELIEF On May 22, 2002, Plaintiff Brenda L. Swanger instituted the instant custody action and concurrently file an application for special relief pursuant to Pennsylvania Rule of Civil Procedure 1915.13. 2. The child at issue is Katelynn M. Swanger (dob: 04/29/00), the granddaughter of Plaintiff and the child of Defendant Rebecca A. Swanger, all of whom reside in plaintiff's home at 615 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Both defendants have been served with the complaint, the special relief application, and the order setting a hearing on the application for June 3, 2002. 4. As a result of certain occurences over the Memorial Day weekend, the urgency in securing an order has abated. Wherefore, plaintiff requests the court to enter an order canceling the June 3, 2002 hearing. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: May 28, 2002 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first class mail addressed as follows: Rebecca A. Swanger 615 Herman Avenue Lemoyne, PA 17043 Defendant Jason Hall 31 North Harrisburg Street Oberlin, PA 17113 Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: May 28, 2002 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA L. SWANGER Plaintiff REBECCA A. SWANGER and JASON HALL Defendants NO. 02- ..?.g'lc] Civil Term CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, May "~ ~ ,2002, upon consideration of Plaintiff's Motion to Withdraw Application for Special Relief, the Court GRANTS the Motion. The hearing now set for June 3, 2002 is cancelled. BY THE COURT: J~esley Oler, ~ J. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA L. SWANGER Plaintiff REBECCA A. SWANGER and JASON HALL Defendants NO. 02-2519 Civil Term CIVIL ACTION - CUSTODY Party Served Documents Date of Service Place of Service Manner of Service AFFIDAVIT OF SERVICE PURSUANT TO RULE 440 Defendant Jason Hall Complaim for Custody, Application for Special Relief, and Order scheduling hearing for June 3, 2002 at 9:00 a.m. May 27, 2002 Oberlin Fire Department, North Harrisburg Streeet, Oberlin, PA Personal service per the proof of service attached as Exhibit 1 Date: June 10, 2002 Theresa Barrett Male, Esquire Counsel for Plaintiff (Requesting Agent) THERESA BARRETT MALE COUNSELOR AT LAW 513 NORTH SECOND STREET HARRISBURG, PA 17101 (Plaintiff) SWANGER (Defendant) SWANGER AND HALL PROOF OF SERVICE (Type of Document) COMPLAINT FOR CUSTODY; PL APP SPE RELIF; CERT COPY OF ORDER SCH HEARING; LETTER (Witness Fee) (Case No. & Jurisdiction) CUMBERLAND COUNTY, PA CASE 02-2519; JUN 0 7 2002 (ToBeSewed On) JASON.~HALL 31 NORTH HARRISBURG STREET oBERLIN, PA 17113 (Accepted By) JASON HALL PERSONAL SERVED AT WORK OBERLIN FIRE DEPT N. HARRISBURG ST OBERLIN, PA 17113 (OateSewed) I (Time) I (Proce~ Sewem Name) 27 MAY 02 I 4:30 PM I KAREN L. GREEN (Proce~ SeweCsRepod) THE FOLLOWING DOCUMENTS WERE SERVED; 1. COMPLAINT.FOR CUSTODY; 2. PLAINTIFF APPLICATION FOR SPECIAL RELIEF; 3. CERTIFIED COPY OF ORDER SCHEDULING HEARING ON THE APPLICATION FOR SPECIAL RELIEF FOR MONDAY JUNE 3, 2002 AT 9:00~'3~, 4. SERVICE LETTER. Description: .. ~<~J~Male - .~.hite Skin [ ]Black Hair [ ]Female ,[ ]Black Skin .~rown Hair [ ]Brown Skin - [ ]Blonde Hair [ ]Yellow Skin [ ]Gray Hair - . []Red Skin [ ]Red Hair · ~ccording to law, deposes and says that he/she is process setver herein named; and that the fact herein sef ~forth abOve are true and correct to the best of their knowledge, information and beliefi /,. Proems Server [ ]¥,,hite ila;r [ ]Balding [ ]Moustache [ ]Beard [ ]Glasses [ ],14-20yrs [ ]Under 5' [ ]Under 100lbs '~4A~ 1-35yrs [ [5'0"-5.'3" [ ]100-}301bs '[ ]36-50yrs ~t~5'4"-5'8" [ ]131-1601bs [ ]51-65yrs [ ]5'9"-6'0" [ ] IjS1-2001bs [ ]Over 65yrs [ ]Over 6~ '~ver 200lbs Sworn to and subscribed before me this Commissio~.Bxp. NOTARIAL SEAL JOSEPH F. JOHNSON, Notary Publib Harrisburg, Dauphin County My Commission Expires Feb 3, 2003