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HomeMy WebLinkAbout02-4345JASON A. HALL, Plaintiff REBECCA A. SWANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CUSTODY/VISITATION COMPLAINT FOR PARTIAL CUSTODY AND NOW, comes the Plaintiff, Jason A. Hall, by his attorney, Roger R. Lagnna, Jr., and represents as follows: 1. Plaintiff, Jason A. Hall, is an adult individual residing at 101 Riverview Street, Enhaut, Dauphin Connty, Pennsylvania 17113. 2. Defendant, Rebecca A. Swanger, is an adult individual residing at 615 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17042. 3. ?laintiff seeks partial custody of the following child: Name Present Residence Age Katelynn M. Swanger 615 Herman Ave. 2 years old Lemoyne, PA 17042 (DOB: 4-29-00) The parties are the natural parents of the subject minor child. The child was born out of wedlock. The child is presently in the custody of Defendant who resides at 615 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17042. 7. Since birth, the child has resided with the following persons and at the following adch'esses: Person(s) Address Defendant 615 Herman Ave. Brenda Swanger, Grandmother Lemoyne, PA 17042 8. The Plaintiff currently lives alone. 9. The Defendant cmTently lives with her mother and the subject child. 10. In or about January 2002, Plaintiff attempted to contact Defendant to make arrangements to see the child; however, Defendant stated that Plaintiff was harassing her and threatened to press charges if Plaintiff continued to attempt to contact her. As a result, Plaintiff has been unable to see the child. 11. Plaintiff has participated as a party in other litigation concerning the custody of the child in this court. The docket number of the legal action was 02-2519. The Plaintiff in said action was the child's maternal grandmother, Brenda Swanger, and the Defendants were the child's parents, the parties in the instant case. However, said action was withdrawn on July 8, 2002. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. 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 Dates 4-29-00 to Present 14. 15. Date: respect to the child. 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 parties to this action. The best interest and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral, and spiritual environment would be improved by Plaintiff's proposed visitation. WHEREFORE, Plaintiff request the Court to grant him vis'of the child· 'R espe tfully submi g . Laguna, Jr., l squire ' Supreme Court I.D:~Nj .: 75900 Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 15 Nm~h Front Street, Suite 203 Steelton, PA 17113 (717) 939-4429 VERIFICATION I verify that the statements made in the foregoing Complaint are true and con'ect to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsific/~ion to authorities. JASON A. HALL PLAINTIFF REBECCA A. SWANGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4345 CML ACTION LAW : IN CUSTODY ._ ORDER OF COURT AND NOW, Monday, September 16, 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, October 21, 2002 at 8:30 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 l~rior to scheduled hearinR. 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Michael J. Crocenzi, Esquire Attorney I. D. No. 66255 GOLDBERG, KATZMAN &SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant JASON A. HALL, Plaintiff : V. : : REBECCA A. SWANGER, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 02-4345 IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Michael J. Crocenzi, Esquire, of Goldberg, Katzman and Shipman, P.C., as counsel on behalf of Defendant, Rebecca A. Swanger, in the above-captioned action. DATE: 85943.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Michael J. Croc/e~zi, Esquire Attorney I.D. No. 66255 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the person(s) and the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Roger R. Laguna, Jr., Esq. Laguna Reyes Maloney, LLP 15 North Front Street, Suite 203 Steelton, PA 17113 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. Michael J. ~r~cenzi, Esq ' I.D. #66255 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 JASON A. HALL, Plaintiff REBECCA A. SWANGER, Defendant 0CT ~'~'0~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4345 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORA~~T AND NOW, this I~lay of 2002, upon consideration of the attached Custody Conciliation Summary follows: R~port,'"lt"~"h~reby ordered and directed as visits. 1. Legal Custody. Jason A. Hall and Rebecca A. Swanger shall have shared legal custody of minor child Katelynn M. Swanger, born April 29, 2000. 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 her health, education and religion. Pursuant to the terms of 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. The Mother shall have primary physical custody. Father shall have pa-~Tal custody which shall commence with the transition period of supervised visits with the child supervised by Mother. The supervision period is intended only to assist the child in getting to know Father and being comfortable with Father sufficiently to allow for eventual periods of partial custody. Father's custodial time shall be arranged as follows: A. Effective October 26, 2002, each Saturday for a period of up to three (3) hours to commence at 11:00 a.m. at Mother's house. B. From 4:00 to 6:00 p.m. each Monday or Wednesday afternoon. C. At such other times as the parties may agree. 3. It shall be permissible for the paternal grandmother to Participate in these NO. 02-4345 CIVIL TERM 4. Mother and Father will work together to ensure that when the child is able to tolerate separation from Mother and is sufficiently comfortable with Father such that visitation will transition to periods of partial custody. The transition period shall continue until the visit which shall occur on December 28, 2002· Effective January 4, 2003, unless otherwise agreed, Father shall begin periods of partial physical custody in three-hour blocks· 5. The Custody Conciliation Conference shall reconvene on January 27, 2003 at 11:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, 301 Market Street, Lemoyne, Pennsylvania 17043. On the agenda for the next Conciliation Conference will be the expansion of Father's periods of partial custody to include additional weekend time and overnight periods of custody. In the event that the parties have reached an agreement prior to the Conference on the expansion of Father's custodial time, the Conciliator shall be notified by counsel. 6. Holidays. The parents shall work cooperatively to ensure that the child has an opportunity to-~-~ve holiday time with both parents. 7. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. J. Dist: Roger R. Laguna, Jr., Esquire, 15 N. Front Street, Suite 203, Stee~ton, PA 17113 Michael J. Crocenzi, Esquire, PO Box 1268, Harrisburg, PA 17108 ~ ~ JASON A. HALL, Plaintiff REBECCA A. SWANGER, Defendant OCT 2 9 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4345 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Katelynn M. Swanger DATE OF BIRTH April 29, 2000 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on October 21, 2002 pursuant to Father's Complaint for Custody filed on September 10, 2002. Attending the Conference were: the Father, Jason A. Hall, and his counsel, Roger R. Laguna, Jr., Esquire; the Mother, Rebecca A. Swanger, and her counsel, Michael J. Crocenzi, Esquire. 3. The parties reached an agreement in the fo~n~rder as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :164232 I"IAR 0 4 2003 JASON A. HALL, Plaintiff REBECCA A. SWANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4345 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BAYLEY, J.--- TEMPORARY ORDER OF COURT AND NOW, this ~ 0 day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jason A. Hall and Rebecca A. Swanger, shall have shared legal custody of minor child, Katelynn M. Swanger, born April 29, 2000. 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 her health, education and religion. Pursuant to the terms of 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. The Mother shall have primary physical custody. Father's supervised visits, which are intended to assist the child in getting to know Father and to have the child develop the ability to rely on Father as a source of comfort, shall continue with the added assistance of the services of Parent Works. Father's visits may occur outside of Mother's home and at neutral locations such as a park, fast food restaurant, or the location of a Parent Works activity. Father's access to the child shall occur as follows: A. Effective March 8, 2003, each Saturday for a period of up to three (3) hours to commence after noon. B. From 4:00 to 6:00 p.m. each Monday or Wednesday afternoon. C. At such other times as the parties may agree. - NO. 02-4345 CIVIL TERM 3. Both parents shall participate in the Parent Works program not less frequently than one time per week. It shall be a goal of the parenting education program will be to reach the point at which both parties are comfortable with the child having unsupervised periods of partial custody with Father. The use of Parent Works services shall also include interactive parent-child activities, parent education, support and encouragement of both parents in understanding their daughter's developmental needs, developing their role as parents and increased confidence in their abilities to meet the needs of their child. Mother and Father shall work together to ensure that when the child is able to tolerate separation from Mother and is sufficiently comfortable with Father, that visitation will transition to periods of partial custody with Father. 4. .Holidays. The parents shall work cooperatively to ensure that the child has an opportunity to have holiday time with both parents. 5. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. In the event that the parties do not agree, either party may petition for modification of this Order. 6. Mother shall cooperate in sharing of the car seat to facilitate Father's ongoing access to the child. BY TH OURT.' E' dgar B. B~-Yle~ J. Dist: Roger R. Laguna, Jr., Esquire, 15 N. Front Street, Suite 203, Steelton, PA 17113 Michael J. Crocenzi, Esquire, PO Box 1268, Harrisburg, PA 17108 JASON A. HALL, Plaintiff REBECCA A. SWANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4345 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Katelynn M. Swanger DATE OF BIRTH CURRENTLY IN THE CUSTODY OF April 29, 2000 Mother 2. A second Custody Conciliation Conference was held on February 24, 2003 with the following individuals in attendance: the Father, Jason A. Hall, and his counsel, Roger R. Laguna, Jr., Esquire; the Mother, Rebecca A. Swanger, and her counsel, Michael J. Crocenzi, Esquire. Date The parties reached an agreement in the form of an Order as attached. Meliss~-Peel Greevy, Esquire Custody Conciliator :210366