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HomeMy WebLinkAbout94-05072 '! ilJ" ,0/ ..r 1. .' , , , ,. I/o ,. . ~ i , , " 5 - ,0 , , " I / j J r ," C1} r-l ~I <: ., ! , " L.. U ~ " ! ., ! 'I, J ,! . ,;P "'-. j J ) I " !, ~l ~ I SCO'l''l' H. GLENN, Pldntitt IIN 'l'HE COURT OF COMMON PLEAS OF ICUHBERLAND COUNTY, PENNSYLVANIA I INO. ,1.'-<1'/'3.. CIVIL - 1994 I I ICIVIL ACTION - CUS'roDY v AMY SWAR.TZBAUER, Defendant COURT a AND NOW, this ",) day of . of the attache~stody Conc at on temporary Custody Order is enteredl 1. The Hother, Amy Swart~bauer, shall have primary physical custody of Brendon August 5wartzbauer, born November 2B, 1991. , 1994, upon consideration Report, the following 2. The Father, Scott H. Glenn, shall have periods of temporary custody with the minor child as follows: A. On the weekend of November 5 and November 12, for a period of three hours each weekend at such time and at such location as arranged between the Father and the Hother. B. On the weekend of November 19 and December 3, for a period of time from noon until 5 P.H. on each weekend on either Saturday or Sunday of that weekend, at such time as arranged between the parties. During this visitation, the Father may take the child to his home. C. Starting the weekend of December 17, Father shall have temporary custody every Saturday at 9 A.M. until 5 P.M. during which time the Father may take the child to his home. This provision shall continue on an alternating basis until further Order of this Court. 3. On Christmas Eve, the Father shall have temporary custody from noon until 5 P.M. 4. The Father shall handle all transportation for exchange of custody and the Father shall insure that the child has an appropriate car seat. o III' l ! 'I,' _L .,~ v 'IN THB COURT OF COMMON PLBAS OF ,CUMBBRLAND COUNTY, PBNNSYLVANIA , CJ4 -.S.\ '1:.2. '/--(",." 'NO. - CIVIL - 1-H+ : : :CIVIL ACTION - CUSTODY SCOTT H. GLBNN, Plaint1tf AMY SWAR'l'ZBAUBR, Defendant COUR'l' ORDER AND NOW, th.is L. day of G"'U"'"L of the attach~ustodY ~ directed as follows: 1. This Court's Order of November 10, 1994 is vacated. , 1995, upon consideration Report, it is ordered and 2. 'l'he Hother, Amy Swartzbauer, and the Father, Scott H. Glenn, shall have shared legal custody of the minor child, Brendon August Swartzbauer, born November 28, 1991. 3. The Hother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy temporary physical custody of the minor child as follows: A. On alternating weekends from Saturday at 9 A.H. until 5 P.M. and on Sunday for the same time frame. B. Beginning in April, 1995, the Father's alternating weekend shall extend from Friday evening at 6 P.M. until Sunday evening at 6 P.M. C. 'l'his provision granting the Father overnight custody shall be subject to modification if the Mother files a Petition to have this matter again referred to the Custody Conciliator prior to April 1. 5. 'l'he Mother shall always enjoy custody of the minor child on Mother's day and the Father shall always enjoy custody on Father's Day, this provision to supersede any other provision of this Order. 6. The parties shall work between themselves in an effort to insure an alternating or shared custody on holidays. '>- r-. f.- - .. ".~J ~", , .~ .2,' ." . '. [1-, '1. :'1 <>' rR; ... 'n "I , ,. '.' . , f' ,.',) ". .. 'Ll.. a.:{ d ,. I, . ~,. ; L , ~ ~. - S~ J i~ ~ ~" l'ii~;j; . I III F.i:e "" =r:: ~ ~! ~C !<'" ~ ~ . P,\TRICK F. LAUER, JR. Attorney al Law 210M MlIrl<cl Slreet Altt' Duihhnll Comp Ilill, PA 17tJ11 (717) 76.1-1 MI~1 tY ! ' , , II SCOTT M. GLBNN Plaintiff IN THE COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94-5072 VS. AMY SWARTZ BAUER, Defendant CIVIL ACTION - AT LAW CUSTODY ORDER AND NOW, this ~1I~j ,OJ,) !the. upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before hi. )",! 1~'JlI.1 the conciliator, at 1,1,'1'; ,di, ." ',1".0 11,11 on the ')1,11\ day of , ,.' ~ ,II, ",I, I , 1996, at '! II I' .M., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of, a temporary or permanent order. FOR THE COURT: By: !) j' I." · I; I , i .~ ' Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 ,i , , I I! I I I, , SCOTT M. GLENN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94-5072 vs. AMY SWARTZ BAUER, Defendant CIVIL ACTION - AT LAW CUSTODY PBTITION TO MODIFY ORDER OF CUSTODY The Plaintiff. Scott Glenn, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Petition to Modify Order of Custody against the Defendant, and in support thereof, avers the following: 1. The Plaintiff is Scott M. Glenn, the father, who currently resides at 9 Park Street, Mt. Holly Springs, Cumberland County, PA 17065 2. Defendant is Amy Swartzbauer, the mother, who currently resides at 1 Bellaire Avenue, Carlisle. Cumberland County, PA 17013. 3. The parties hereto are the parents of the following minor ch.\.ld: Brendon A. Swartzbauer. born November 28, 1991, who currently resides with his mother at 1 Bellaire Avenue, Carlisle, Cumberland County, PA 17013. 4. On February 6, 1995, the Honorable Judge Edgar B. Bayley, accepted the Summary Report of a Conciliation Conference before Hubert X. Gilroy, Esquire, as an Order of Court, awarding primary physical custody of Brendon A. Swartzbauer to the mother with visitation to the father on alternating weekends. The Order I , I , Ii directed that either party to the agreement may petition the court to set a more formal schedule. The Order of February 6, 1995 is attached hereto as Exhibit "A" and incorporated herein by reference. 5. Since the Court's approval of the custody conciliator' s recommendation, a substantial and material change in circumstances has occurred, giving rise to the filing of the instant Petition: a. The Defendant has a history of leaving the child in the care of the m~ternal grandmother; b. The Defendant has made disparaging remarks regarding the Father in front of the child; c. The Defendant has instituted arguments with the Father in front of the minor child. 6. The best interest and permanent welfare of the child will be served by a modification of the Court's Order as follows: a. Primary physical custody should be awarded to the Father with liberal visitation to the Mother; b. The Father should be permitted the right of first refusal regarding child care andlor additional time with the parties' minor child; c. The Custody Order should include a requirement that neither parent disparage the other in the presence of the child; d. The place of the exchange of the parties should be moved to that of the maternal grandmother. Maryann McCoy, in order to minimize the contact of the parents. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court modify its Order as follows: a. Primary physical custody is awarded to the Father with liberal visitation to the Mother; b. The F'ather is permitted the right of first refusal I: II I 'I , I, SCOTT M. GLENN I IN THB COURT OF COMMON PLBAS OF Plaintiff I CUMBERLAND COUNTY I PENNSYLVANIA 'I I ii VS. I NO. 94-5072 I :1 AMY SWARTZBAUER, I CIVIL ACTION - AT LAW I' Defendant I CUSTODY II I YIDUFICATION I, Scott M. Glenn, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Petition are true and correct to the best of my knowledge, information. and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to ;1 authorities under 18 Pa. C.S. S 4940. , I II I II 1 II II II :1 Datel~1.1-qlL, I I ),,..,,-1) ..6L- Scott M. Glenn entitled to e make-up time to accommodete this request. Further, It Is understood that this schedule Is be sed upon the perents' respective work schedule at the time of the conciliation conference end that should that work schedule change, the pertles shall attempt to work out e new schedule besed upon thet chenge In work schedule. Finally, Father shall prOVide transportetlon necessary to effectuate these periods of custody. 3. The pertles will elternate the mejor holldeys, those holidays being defined es New Year's Dey, Eester, Memorial Day, Fourth of July, and Labor Day. Those periods of partial custody will be from 9:00 a.m. until 7:00 p.m, This alternating holiday schedule will take precedence over the ragular schedule. 4. The Thanksgiving holiday will be broken Into two segments. Father shall heve the child from Wednesday at 6:00 p.m. until Thanksgiving Day at 2:00 p.m, every yeer, while Mother will have the child from Thanksgiving Day at 2:00 p.m. until Friday every year. 5. The Christmas holiday will be broken Into two segments. Segment A will occur from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Segment B will occur from 12:00 noon on Christmas Day until 12:00 noon on December 26. Father will have Segment A In 1996 and all even-numbered years thereafter, while Mother will have Segment A in 1997 and all odd.numbered years thereafter. 6. Eech perty will be entitled to one uninterrupted week of vecetlon with the child during the yeer. They shell provide the other party with thirty 1301 deys edvance notice as to when they Intend to exercise thet week of vacetlon. Thet week's vBcatlon will take precedence over any other schedule. 7. Mother shall have the child on Mother's Day and Father shell heve the child on Father's Day. This period of partlBI custody shall be from 9:00 a.m. until 7:00 p.m. 8. Such other times as the pBrtles may agree. / / BY THE COURT, ! vi EDGAR B, BAYLEY, Matthew J. Eshelmen, Esquire Joan Carey, Esquire ')1.o\~-<.A( C...f...... 10 .1 't, 'Ie,. r') mlb SCOTT M, GLENN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. AMY SCHWARTZBAUER. Defendant NO. 94.5072 CIVIL TERM ) CIVIL ACTION - CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE 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 concerning the chlld(ren) who Is(are) the subject of this litigation Is as follows: NAME BJB.THDATE CURRENTLY IN CUSTODY OF Brendon August Schwartzbauer November 28, 1991 Plaintiff and Defendant 2. A Conciliation Conference was held on 4 October 1996, and the following Individuals were present: the Plelntlff and his attorney, Matthew J. Eshelman, Esquire; the Defendant appeared with her attorney, Joan Carey. Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody Is as follows: See attached Order. 1 Muryunn McCoy, mutenlul gnllldmuther, ut P. O. lJox Ill, Md..llnd Drlw, Muunt Holly Springs, Pennsylvuniu, from Februury 19'}3 until the present. 4. 'nle mulher of Ihe child Is Amy Swurt7.buuer, currently residing ut ~6 F..IIst Penn Slreet, Carlisle, PA l701l She is nol murrled, ~. TIle futher of the child is Scult M. Glenn, curreJIIly residing ut 9 Purk Slreet, Mounl Holly Springs, Pennsylvuuiu. He is nutmurrled, 6. TIle re\utionship of PluiJIIlff to the child is thut of futher. TIle Phllntlff currently resides with the following persous: Name Relutionship None 7, The relutionshlp of the defendant to the child Is thut of mother. The Defendant currently resides with the following persons: Name Relutionship None 8. Plaintiff has not participuled us u purty or witness, or In another capacity, In other Iiligation concerning the custody of the child In this or another court. Plaintiff has no Infonnation of a custody proceeding concemlng the child pending lu a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of Ihe child or claims to have custody or visitation rights with respect 10 the child. 9, The best interest and pennanent welfare of the child wl\l be served by granting the relief requested because the Plaintiff, Scott M. Glenn, can provide u stable und nurturing atmosphere, Grallling Plulllliff partial physical custody and shared legal custody will be in the best Interest and pennanelll welfare of Ihe child. ,.. f 1 ~ , ''R. It) r<) :~ ... "& ~ 0 - :lie' .,. () l"'6 ("- ca... ~ - In ,,"' ,9 \0 - '-l' ~ (...., . I() \I) ~ ~ 0 :r ~ ~.:) ':?' ~ IJ' Q.. ..... ...., " , ,.