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HomeMy WebLinkAbout07-0341., MARIAN SWEIGART Plaintiff V. TIMOTHY PAUL WOLFE, JR. and SAMANTHA ANNE SWEIGART, Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA :NO. 07 - ..? ?l U t 1.?1 CIVIL ACTION - LAW : CUSTODYNISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Marian Sweigart, residing at 445 Third St., West Fairview, PA 17025. 2. The first Defendant is Timothy Paul Wolfe, Jr., currently residing at 158 Second St., Highspire, Dauphin County PA 17034. 3. The second Defendant is Samantha Anne Sweigart, currently incarcerated at Cumberland County Prison, 1101 Claremont Rd., Carlisle PA 17013. 4. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE DOB Alaysia 158 Second St. 6 7/1/00 Wolfe-Sweigart Highspire PA 17034 Bryson Wolfe same 4 8/6/02 Landon Wolfe same 2 1115105 The children were born out of wedlock. The children are presently in the custody of Defendant, Father, Timothy P. Wolfe, Jr., who resides at 158 Second St., Highspire PA 17034. From January, 2002 (5 years prior to the filing of the within Complaint) until January 15, 2005, Alaysia resided with the following persons and at the following addresses: NAME RESIDENCE DATE Samantha Sweigart, mother West Creek Hills Apartments 1/02 - 8/6/02 Camp Hill PA 17011 Samantha Sweigart, mother Same 8/6/02 - 12/02 Bryson Wolfe, brother Samantha Sweigart, mother 312 Third St. Enola PA 12/02 - 12/04 Bryson Wolfe, brother Samantha Sweigart, mother 692 Cumberland Pt. 12/04- Bryson Wolfe, brother Mechanicsburg PA 1115105 From his birth on August 6, 2002 until January 15, 2005, Bryson Wolfe resided with the following persons and at the following addresses: NAME Samantha Sweigart, mother Alaysia Wolfe-Sweigart, sister Samantha Sweigart, mother Alaysia Wolfe-Sweigart, sister Samantha Sweigart, mother Alaysia Wolfe-Sweigart, sister RESIDENCE DATE Same 8/6/02 - 12/02 312 Third St. Enola PA 12/02 - 12/04 692 Cumberland Pt. 12/04- Mechanicsburg PA 1115105 From January 15, 2005, until the present, all three children have together resided with the following persons and at the following addresses: Samantha Sweigart, mother 312 Third St. 1115105 - 9/05 Samantha Sweigart, mother 448 Third St. 9/05 - 11/05 Timothy Wolfe, Jr., father Enola PA Samantha Sweigart, mother 448 Third St. Enola PA Timothy Wolfe, Jr., father 319 Third St. # 3 Danielle Gerhold Enola PA (father's girlfriend) Danielle Gerhold's 2 minor children, Kirsten and Virginia (last names unknown) Bobby Hoffman (roommate unrelated to any party herein) Timothy Wolfe, Jr., father 98 Queens Way Danielle Gerhold (father's Enola PA 17025 girlfriend) Danielle Gerhold's 2 minor children, Kirsten and Virginia (last names unknown) Marian Sweigart, maternal grandmother (Plaintiff herein) Timothy Wolfe, Jr., father Danielle Gerhold (father's girlfriend) Danielle Gerhold's 2 children, Kirsten and Virginia (last names unknown) 445 Third St. West Fairview PA Marian Sweigart, maternal grandmother Samantha Sweigart, mother (on and off) Colleen (last name unknown), sister of Timothy Wolfe, Jr., father James (last name unknown), husband of Colleen Savannah and Nathan (last name unknown), minor children of Colleen and James Timothy Wolfe, Jr., father Danielle Gerhold (father's girlfriend) Danielle Gerhold's 2 minor children, Kirsten and Virginia 445 Third St. West Fairview PA 158 Second St. Highspire PA 11105- 1/15/06 1/15/06 - 2/l/06 2/1/06 - 6/30/06 7/1/06- 8/24/06 8/24/06 - 9/24/06 9/24/06- Present The mother of the children is Defendant, Samantha Anne Sweigart. During a telephone conversation on Christmas day, Defendant, Samantha Anne Sweigart, informed Plaintiff that she was residing in a shelter, location unknown. Subsequently, the Plaintiff was informed on or about January 15, 2007 that Defendant, Samantha Anne Sweigart, is incarcerated at Cumberland County Prison, 1101 Claremont Rd., Carlisle PA, for an unknown period of time. Defendant, Samantha Anne Sweigart, is single. The father of the children is Defendant, Timothy Wolfe, Jr., currently residing at 158 Second St., Highspire, Dauphin County, PA. He is single. 5. The relationship of the Plaintiff to the children is that of maternal grandmother. The Plaintiff currently resides alone. 6. The relationship of the Defendant, Timothy Wolfe, Jr., is that of father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Colleen (last name unknown) Sister James (last name unknown) Brother-in-law Savannah and Nathan (last name unknown), minor children of Colleen and James Niece and nephew Danielle Gerhold Girlfriend Danielle Gerhold's 2 minor Girlfriend's children children, Kirsten and Virginia Alaysia Wolfe-Sweigart, Bryson Wolfe and Landon Wolfe Children 7. The relationship of the Defendant, Samantha Anne Sweigart, is that of mother. She is presently incarcerated in Cumberland County Prison. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has information of a custody proceeding concerning the children pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: Samantha Anne Sweigart, Plaintiff v. Timothy Paul Wolfe, Jr., Defendant, Cumberland County, No. 2006-800. It is related to the within action because it is an action by the mother, Defendant herein, against the father, Defendant herein. Said action was filed on or about February 8, 2006. On July 25, 2006 the conciliator in said action relinquished jurisdiction due to neither party having presented himself or herself at three separately scheduled conciliations. Both of the parties named in said action are named as parties in the instant action. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. The childrens' natural mother, Defendant, Samantha Anne Sweigart, is incarcerated, and is unable to provide care to the children. B. Plaintiff believes and therefore avers that said incarceration of Defendant, Samantha Anne Sweigart, is the result of Defendant Sweigart's testing positive for drugs on a recent parole-mandated urine test. C. The childrens' natural mother, Defendant, Samantha Anne Sweigart, is a drug abuser and is currently charged with additional criminal charges in Dauphin County, which are believed and therefore averred to be drug-related. D. The childrens' natural mother has no permanent address and no legal means of support. E. The childrens' natural father, Defendant, Timothy Wolfe, Jr., has an extensive criminal record and history of incarceration, and currently faces drug-related criminal charges in Cumberland County. F. On or about September 24, 2006, the childrens' natural father, Defendant, Timothy Wolfe, Jr., removed the eldest subject child, Alaysia, from the first grade class in which she had been enrolled in the East Pennsboro School District, and it is now believed, and therefore averred, that said Defendant has not re-enrolled the child in school, much to the child's detriment and harm. G. Defendant father does not have a permanent residence of his own, and has taken the subject minor children to reside in which is believed, and therefore averred, to be his sister and brother-in-law's two bedroom dwelling in which four adults and seven children are currently residing. H. It is believed and therefore averred that Defendant father's girlfriend, Danielle Gerhold, resides in the same residence as the three subject children, and is facing drug-related criminal charges. 1. It is believed and therefore averred that Defendant father has in the past, and does continue to, associate with, and expose the children to, numerous drug abusers and criminals, including the roommate mentioned above, Bobby Hoffman, who, it is believed and therefore averred, faces numerous criminal charges for offenses including drugs and harassment. J. Defendant father has twice during the childrens' lives deserted the subject minor children. K. Defendant father has in the past attempted to use the children as pawns in an attempt to extort housing/vehicles/financial support from Plaintiff, maternal grandmother. L. Plaintiff, maternal grandmother, has a strong, loving bond with the subject minor children, and has available a three bedroom residence in which she currently resides alone. M. Defendant father has refused all requests of Plaintiff to visit with her grandchildren. N. During a recent visit to Defendant father's home in yet another attempt to see the subject children, Plaintiff was told by Defendant father's sister, Colleen (last name unknown) that she (Colleen) would "get in trouble" if she merely allowed the Plaintiff to see, hug, or speak to the subject children. 0. Plaintiff, maternal grandmother, is gainfully employed, having been employed by the Pennsylvania Higher Education Assistance Agency for the past 18 years. P. Plaintiff, maternal grandmother, believes and therefore avers that the children currently do not have medical insurance, which insurance is available to the children through Plaintiff's employer if the subject minor children reside in her residence. 10. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named a parry to this action. WHEREFORE, Plaintiff requests the Court to grant her custody of the children. Respectfully submitted, Date: 11-7 10--? FRIEDMAN & KING, P.C. 0 11 -- .King, Esquire 00 N. Second Street enthouse Suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff JFK:ka VERIFICATION I, Marian Sweigart, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. IiIA D3 Marian Sweigart Dated: i 1 -7 10-7 N W 0 rnTn -?7 STl A. MARIAN SWEIGART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-341 CIVIL ACTION LAW TIMOTHY PAUL WOLFE, JR. AND SAMANTHA ANNE SWEIGART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 24, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 09, 2007 at 3:00 PM 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/ john J. Mangan,_ fr., Esq. Custody Conciliator 4 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? m rti p-? l?C3A:C " sr5i ?? 3lHi do NAR SO 2007 OY ? MARIAN SWEIGART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART : Defendants : ACTION IN CUSTODY COURT ORDER AND NOW, this ZVj day of m&_. , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Plaintiff, Marian Sweigart, maternal grandmother, shall have primary physical custody and legal custody of the minor children Alaysia Wolfe-Sweigart, born 7/1/00, Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1/15105. 2. Father and Mother have the right to Petition this Court to Modify this custody arrangement. Cc:.iJohn F. King, Esq. Xrnothy Wolfe, Jr. XS antha Sweigart OR? at? & 0.R V VINVA-V SSZN IJ I Z :I Ind ZZ NVW LOOZ MVI- MOt GIb'd 3Nl JO D.i' '40--131i? -ft MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA. ANNE SWEIGART : Defendants : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Alaysia Wolfe-Sweigart, born 7/1/00; Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1/15/05. 2. A Conciliation Conference was held on February 9, 2007 with the following individuals in attendance: The maternal grandmother, Marian Sweigart, with her counsel, John F. King, Esquire The Father, Timothy P. Wolfe, Jr., did not appear The Mother, Samantha A. Sweigart, did not appear 3. Mother is currently incarcerated at Cumberland County Prison, 1101 Claremont Rd., Carlisle, PA 17013 and allegedly has pending criminal charges in Dauphin County related to drug activity. 4. Father allegedly has an extensive criminal record and history of incarceration. 5. Father allegedly has pending drug-related criminal charges in Cumberland County. 6. Father does not have a permanent residence of his own and currently has his children living in a two bedroom apartment with eleven people residing there, many of whom allegedly are involved with drug activity. 7. Father removed Alaysia Wolfe-Sweigart from her enrollment in first grade at East Pennsboro School District and has not re-enrolled her. 8. Plaintiff has been actively involved in her grandchildren's life and is currently being denied contact with said grandchildren by the Father. J 9. Plaintiff maternal grandmother has a three bedroom residence in which she currently resides alone. 10. Plaintiff maternal grandmother is gainfully employed by the Pennsylvania Higher Education Assistance Agency for 18 years. 11. Plaintiff maternal grandmother has arrangements for child care and shall enroll Alaysia in school. 12. Neither Father nor Mother appeared for the conciliation to contest the allegations or to object to any possible standing issue. 13. The best interests of the children would be served by ordering primary physical custody and legal custody to Plaintiff. 14. The Custody Conciliator recommends the entry of an Order in the form as attached. Date:March 2007 ?- Rstody gan, Esquir Conciliator SAMANTHA A. SWEIGART Plaintiff V. MARIAN D. SWEIGART Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CUSTODY NO. 07-341 Civil Term : APPLICATION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Samantha A. Sweigart, who by herself, files the following Application for Special Relief, pursuant to Pa. R.C.P. 1915.13: 1. Petitioner, Samantha A. Sweigart, is an adult individual residing at 403 Second Street, Enola, Cumberland County, Pennsylvania 17025. 2. Respondent, Marian D. Sweigart, is an adult individual residing at 445 Third Street, Enola, Cumberland County, Pennsylvania 17025. 3. Petitioner is the natural parent of three children: Alaysia D. Wolfe-Sweigart, born July 1,2000, age 7, Bryson T. Wolfe, born August 6, 2002, age 5, Landon J. Wolfe, born January 15, 2003, age 2. Despondent is the natural grandparent of the above children. 4. There is a custody order dated March 22, 2007 currently in effect. A copy of the custody order dated March 22, 2007 is attached hereto as Exhibit "A" and is herein and hereby incorporated by reference. 5. Pursuant to the custody order dated March 22, 2007, grandmother has primary, physical, and legal custody of the said children. In that order it states that the natural mother has the right to petition this court to modify this custody arrangement. b. After the entry of said order, the parties agreed to have visitation for the natural mother to be able to visit the above children. In the complaint letter dated February 9, 2007 from John King, Esquire who was representing Respondent, Marian D. Sweigart at the time claims that the natural father Timothy P. Wolfe Jr. which resides at 22 Roop Street, Highspire, Dauphin County, Pennsylvania, is involved with drug activity and does not have a stable home for the above children. A copy of the said letter dated February 9, 2007 is attached hereto as Exhibit "B" and is herein and hereby incorporated by reference. 7. As of the date of filing this Application for Special Relief, grandmother has the above children residing at 22 Roop Street, Highspire, Dauphin County, Pennsylvania with the natural father who is involved with drug activity, and only usually has the above children residing at her residence for two days out of the week. 8. Natural father is mentally and physically abusive, and is involved with drug activity. Natural fathers residence is not a stable environment for the above children and the residence is not safe and is very unclean. 9. Both natural father Timothy P. Wolfe Jr, and natural fathers girlfriend Danielle Gerhold was arrested for drug activity at their home at that time which was the summer of 2006 by the East Pennsboro Police Department, which also led to being evicted from their past residence. 10. The natural father then ran off with the above children and kept the oldest child, Alaysia. D. Wolfe-Sweigart out of school for a whole year 2006-2007. Which the above child had to repeat first grade this year. Natural grandmother had stated those facts in the complaint for custody which was granted to the Respondent on March 22, 2007. 11. Now Alaysia D. Wolfe-Sweigart, age 7,and Bryson T. Wolfe, age 5 attend Steelton Highspire School District, originally natural grandmother should have had Alaysia D. Wolfe-Sweigart, age 7, and Bryson T. Wolfe, age 5 attend East Pennsboro Area School District. Natural grandmother received custody of the above three children so that the children would be in a safe and stable environment. 12. Respondent, Marian D. Sweigart has an unsafe residence for the above three children. The residence where Marian D. Sweigart lives is also very unclean and also has water problems throughout the residence. Respondent, Marian D. Sweigart does not have a stable home for the above three children, and does not have beds for the above three children. 13. Respondent, Marian D. Sweigart has an alcohol problem and a drug problem which she exposes the three children to. Respondent, Marian D. Sweigart has attempted suicide on numerous occasions during the last several years, which the above three children has been exposed to. 14. Petitioner, Samantha A. Sweigart had an agreement with Respondent, Marian D. Sweigart to have visitation with Landon I Wolfe, age 2 on Wednesday October 31, 2007 while the other two children were at school. Respondent, Marian D. Sweigart threatened Petitioner, Samantha A. Sweigart to get off her porch or she would call the East Pennsboro Police Department on Petitioner. The Petitioner and natural mother Samantha A. Sweigart has been denied visitation of the above three children since the custody order March 22, 2007. 13. Petitioner requests this Honorable Court to return custody of the children: Alaysia D. Wolfe-Sweigart, born July 1, 2000, age 7, Bryson T. Wolfe, born August 6, 2002, age 5, and Landon J. Wolfe, born January 15,2005, age 2, to her until a full hearing or custody conference on this matter. Petitioner has a safe and stable residence for the above three children, and has enough rooms and beds for the above three children. 16. Furthermore, Petitioner requests that there will be supervised visitation for natural grandmother and natural father. The Petitioner fears for her three children if they are alone anymore with natural grandmother and natural father because they both are physically and mentally abusive and are both involved with alcoholism and drug activity. Petitioner is not involved with any drug or alcohol activity. Petitioner is very concerned about the welfare of her three children. WHEREFORE, Petitioner request this Honorable Court to return custody of the children: Alaysia D. Wolfe-Sweigart, born July 1, 2000, age 7, Bryson T Wolfe, born August 6, 2002, age 5, Landon J Wolfe, born January 15, 2005, age 2 to her until a full hearing or custody conference on this matter and further requests that the order dated March 22, 2007 be modified to include supervised visitation for the natural father and the natural grandmother of the said children. Petitioner fears for her three children at this present time. Respectfully Submitted by, 119ZftSweigaft 403 Second Street Enola, PA. 17025 Telephone (717) 315-6677 Plaintiff r t MAR !O 20D7 0Y ? MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-341 Civil Term TIMOTHY PAUL WOLFE, JR. and : SAMANTHA ANNE SWEIGART : Defendants : ACTION IN CUSTODY COURT ORDER AND NOW1 this ZLj day of pu., 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Plaintiff, Marian Sweigart, maternal grandmother, shall have primary physical custody and legal custody of the minor children Alaysia Wolfe-Sweigart, born 7/1/00, Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1/15/05. 2. Father and Mother have the right to Petition this Court to Modify this custody arrangement. Cc:.?ohn F. King, Esq. )Kknothy Wolfe, Jr. Somantha Sweigart L Q,it f AWQuS &ek q Q ... MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART : Defendants : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Alaysia Wolfe-Sweigart, born 7/1/00; Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1115105. 2. A Conciliation Conference was held on February 9, 2007 with the following individuals in attendance: The maternal grandmother, Marian Sweigart, with her counsel, John F. King, Esquire The Father, Timothy P. Wolfe, Jr., did not appear The Mother, Samantha A. Sweigart, did not appear 3. Mother is currently incarcerated at Cumberland County Prison, 1101 Claremont Rd., Carlisle, PA 17013 and allegedly has pending criminal charges in Dauphin County related to drug activity. 4. Father allegedly has an extensive criminal record and history of incarceration. 5. Father allegedly has pending drug-related criminal charges in Cumberland County. 6. Father does not have a permanent residence of his own and currently has his children living in a two bedroom apartment with eleven people residing there, many of whom allegedly are involved with drug activity. 7. Father removed Alaysia Wolfe-Sweigart from her enrollment in first grade at East Pennsboro School District and has not re-enrolled her. 8. Plaintiff has been actively involved in her grandchildren's life and is currently being denied contact with said grandchildren by the Father. t" 9. Plaintiff maternal grandmother has a three bedroom residence in which she currently resides alone. 10. Plaintiff maternal grandmother is gainfully employed by the Pennsylvania Higher Education Assistance Agency for 18 years. 11. Plaintiff maternal grandmother has arrangements for child care and shall enroll Alaysia in school. 12. Neither Father nor Mother appeared for the conciliation to contest the allegations or to object to any possible standing issue. 13. The best interests of the children would be served by ordering primary physical custody and legal custody to Plaintiff. 14. The Custody Conciliator recommends the entry of an Order in the form as attached. Date:March -Jo , 2007 '?- . M gan, Esq ' ?lg C tody Conciliator ??b J o `'? o ? Q o ? ? 0 P' ?`` f fi fi MARION SWEIGART, Plaintiff Vs. TIMOTHY PAUL WOLFE, 3R., SAMANTHA ANNE SWEIGART Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. Civil TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Samantha Anne Sweigart, Defendant, to proceed in forma pauperis. I, Grace E. D'Alo, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Attorneys for Plaintiff MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ,r.., ? ., ?n :? ? ? ? ??rryy 1 'avJ K ja . A t } Ft + 3tii. ?i? .. ?. MARION SWEIGART VS. TIMOTHY PAUL WOLFE, JR., and SAMANTHA ANNE SWEIGART Defendants CUSTODY 1. Plaintiff is Marion Sweigart, hereinafter referred to as Grandmother. Grandmother's mailing address is 445 Third St., West Fairview, PA 17025. 2. Defendants are Samantha Anne Sweigart, hereinafter referred to as Mother, and Timothy Paul Wolfe, Jr., hereinafter referred to Father. Mother's mailing address is 403 20' st., W. Fairview, PA. Father resides at 22 Roop St., Highspire, PA 17034. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 341 CIVIL TERM PETITION FOR SPECIAL RELIEF 3. Mother seeks primary physical custody of the minor children: Name Present Residence Age Alaysia Wolfe-Sweigart 445 Third Street 7/1/00 DOB, 7 years old West Fairview, PA Bryson Wolfe 445 Third Street West Fairview, PA 8/6/02 DOB, 5 years old Landon Wolfe 445 Third Street 1/15/05 DOB, 2.5 years old West Fairview, PA The children, Alaysia, Bryson and Landon were born out of wedlock. The children were in the custody of Mother since the parties separated in November 2005. On January 15, 2006, Father came to Mother's home and snatched Alaysia and Landon. He refused to return the children to Mother's custody and refused to allow Mother to have contact with those two children. In 2007, Grandmother was granted custody of all three children. 4. During her lifetime, Alaysia has resided with the following persons and at the following addresses: Name Address Date Samantha Sweigart Marian Sweigart Randy Sweigart 445 Third Street Enola, PA birth - 1/0 1 i Samantha Sweigart 313 Ridge Street 1/01- 6/01 Timothy Wolfe, Jr. Steelton, PA Samantha Sweigart 445 Third Street 6/01-11/01 Marian Sweigart Enola, PA Randy Sweigart Samantha Sweigart West Creek Hills Apartments 11/01 - 8/6/02 Camp Hill, PA Samantha Sweigart West Creek Hills Apartments 8/6/02 - 12/02 Bryson Wolfe Camp Hill, PA Samantha Sweigart 312 Third Street 12/02 -12/04 Bryson Wolfe Enola, PA Samantha Sweigart 692 Cumberland Pt. 12/04 -1/15/05 Bryson Wolfe Mechanicsburg, PA Samantha Sweigart 312 Third Street 1/15/05 - 9/05 Bryson Wolfe Enola, PA Landon Wolfe Samantha Sweigart 448 Third Street 9/05 - 11/05 Timothy Wolfe, Jr. Enola, PA Bryson Wolfe Landon Wolfe Samantha Sweigart 448 Third Street 11105 -1/15/06 Bryson Wolfe Enola, PA Landon Wolfe Timothy Wolfe 319 Third Street - #3 1/15/06 - 2/1/06 Danielle Gerhold Enola, PA Danielle's 2 children, Kirsten and Virginia Bobby Hoffinan Landon Wolfe Bryson Wolfe Timothy Wolfe 98 Queens Way i 2/1/06 - 6/30/06 Danielle Gerhold Enola, PA 17025 Danielle's 2 children Kirsten and Virginia Landon Wolfe Bryson Wolfe Marian Sweigart 445 Third St 7/1/06 - 8/24/06 Timothy Wolfe West Fairview, PA 17025 «• Danielle Gerhold Danielle's 2 children Kirsten and Virginia Landon Wolfe Bryson Wolfe Marian Sweigart Samantha Sweigart Landon Wolfe Bryson Wolfe Colleen (sister of Timothy Wolfe) James (husband of Colleen) Savannah and Nathan (children of Colleen and Nathan) Danielle Gerhold Danielle's Children Kirsten and Virginia Landon Wolfe Bryson Wolfe 445 Third St. West Fairview, PA 17025 158 Second St Highspire, PA 17034 8/24/06 - 9/24/06 9/25/06 - Early 2007 From early 2007 to the present it is not clear whether the children are living with the Grandmother at 445 Third Street, West Fairview, PA 17025 or with the Father at 22 Roop Street, Highspire, PA 17034. During his lifetime, Bryson has resided with the following persons and at the following addresses: Name Samantha Sweigart Alaysia Wolfe-Sweigart Samantha Sweigart Alaysia Wolfe-Sweigart Samantha Sweigart Alaysia Wolfe-Sweigart Samantha Sweigart Alaysia Wolfe-Sweigart Landon Wolfe Address Date West Creek Hills Apartments Birth -12/02 Camp Hill, PA 312 Third Street 12/02 -12/04 Enola, PA 692 Cumberland Pt. 12/04 - 1115105 Mechanicsburg, PA 312 Third Street 1/15/05 - 9/05 Enola, PA Samantha Sweigart 448 Third Street 9/05 -11/05 Timothy Wolfe, Jr. Enola, PA Alaysia Wolfe-Sweigart Landon Wolfe Samantha Sweigart 448 Third Street Alaysia Wolfe-Sweigart Enola, PA Landon Wolfe Samantha Sweigart 448 Third Street Enola, PA Marian Sweigart 445 Third St Timothy Wolfe West Fairview, PA 17025 Danielle Gerhold Danielle's 2 children Kirsten and Virginia Landon Wolfe Alaysia Wolfe-Sweigart Marian Sweigart 445 Third St. Samantha Sweigart West Fairview, PA 17025 Landon Wolfe Alaysia Wolfe-Sweigart Colleen (sister of 158 Second St Timothy Wolfe) Highspire, PA 17034 James (husband of Colleen) Savannah and Nathan (children of Colleen and Nathan) Danielle Gerhold Danielle's Children Kirsten and Virginia Landon Wolfe Alaysia Wolfe-Sweigart 11105 - 1/15/06 1/15/06 - 7/06 7/06 - 8/24/06 8/24/06 - 9/24/06 9/25/06 - Early 2007 From early 2007 to the present it is not clear whether the children are living with the i Grandmother at 445 Third Street, West Fairview, PA 17025 or with the Father at 22 Roop Street, Highspire, PA 17034. 0 Aw_. During his lifetime, Landon has resided with the following persons and at the following addresses: Name Address Dates Samantha Sweigart 312 Third Street birth - 9/05 Bryson Wolfe Enola, PA Alaysia Wolfe-Sweigart Samantha Sweigart 448 Third Street 9/05 -11/05 Timothy Wolfe, Jr. Enola, PA Bryson Wolfe Alaysia Wolfe-Sweigart Samantha Sweigart 448 Third Street 11105 -1/15/06 Bryson Wolfe Enola, PA Alaysia Wolfe-Sweigart Timothy Wolfe 319 Third Street - #3 1/15/06 - 2/1/06 Danielle Gerhold Enola, PA Danielle's 2 children, Kirsten and Virginia Bobby Hoffinan Alaysia Wolfe-Sweigart Bryson Wolfe Timothy Wolfe 98 Queens Way 2/1/06 - 6/30/06 Danielle Gerhold Enola, PA 17025 Danielle's 2 children Kirsten and Virginia Alaysia Wolfe-Sweigart Bryson Wolfe Marian Sweigart 445 Third St 7/1/06 - 8/24/06 Timothy Wolfe West Fairview, PA 17025 Danielle Gerhold Danielle's 2 children Kirsten and Virginia Alaysia Wolfe-Sweigart Bryson Wolfe Marian Sweigart 445 Third St. 8/24/06 - 9/24/06 West Fairview, PA 17025 Alaysia Wolfe-Sweigart Bryson Wolfe Colleen (sister of 158 Second St 9/25/06 - Early 2007 Timothy Wolfe) Highspire, PA 17034 0 James (husband of Colleen) Savannah and Nathan (children of Colleen and Nathan) Danielle Gerhold Danielle's Children Kirsten and Virginia Alaysia Wolfe-Sweigart Bryson Wolfe From early 2007 to the present it is not clear whether the children are living with the Grandmother at 445 Third Street, West Fairview, PA 17025 or with the Father at 22 Roop Street, Highspire, PA 17034. 5. Mother currently resides with her father, Randy Sweigart, who is the maternal grandfather of the children. 6. Father lives with the following persons currently lives with his girlfriend, Danielle Gerhold and her two children. 7. A prior custody order was entered at this Docket number On March 22, 2007, and is attached hereto. At the time this order was entered, Mother was incarcerated and unable to participate in the proceeding. 8. Mother does not know of any person not a parry to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a. For most of their lives, Mother was the primary provider for the children's emotional, physical, educational, financial and medical needs. b. Since the children were born until they were taken, Mother has been the parent primarily responsible for their daily care. c. Mother currently has a stable home environment with sufficient room that is safe and appropriate for the daily care of the children. d. Mother has successfully completed rehab and is currently in outpatient treatment. Part of her treatment plan requires weekly testing for drugs and alcohol and she is and remains free of alcohol or drugs. e. Mother regularly attends counseling and NA and AA meetings. f. Mother has attempted to contact Father and Grandmother to see children, but they have refused her requests. g. Mother has not seen her children since June of 2007. h. Mother is willing to communicate with and work cooperatively with Father and Grandmother to raise the children and will encourage father/child and grandmother/child relationships with all three children. 11. Father and Grandmother have not acted in the children's best interests in ways including but not limited to the following: a. Father snatched two of the children, Alaysia and Landon, from Mother's home on January 15, 2006. Father came to the house, Alaysia answered the door while Mother was upstairs with Bryson, and Father took Alaysia and Landon without agreement or discussion with Mother. b. Father and Grandmother have not allowed Mother to have any contact with their children since June of 2007. c. Father's and Grandmother's actions in prohibiting contact between Mother and the children are detrimental to the mother/child relationship and do not serve the children's best interests. D d. Father has an extensive criminal history and was incarcerated on five separate occasions since the children were born. Mother fears that Father's criminal history, his history of incarceration, and the fact that he has never been a primary caretaker for the children makes him unstable in regard to providing for their daily needs. e. Father has never finished high school. f. Father does not have a job. g. Father has smoked marijuana on a number of occasions. h. Father and Grandmother held Alaysia out of school for her entire first grade year. i. Father physically assaulted Mother in September of 2007. j. Grandmother has neglected to clean up large amount of trash lying everywhere around the house. k. Grandmother refuses to allow any contact between the children Mother. 1. Mother believes that Grandmother has alcohol related problems and is concerned that she drives the children around while under the influence. 13. Every person with rights to custody or having actual physical custody of the children has been named as parties to this action. WHEREFORE, Mother requests this Court to order the following relief: 1. That Father and Grandmother shall have periods of partial custody at times i agreed upon by the parties. 2. That the non-custodial parent and Grandmother shall have reasonable telephone contact with the children while they are with the other parties. 3. That the parties shall have an appropriate holiday schedule so that both parents and grandmother can spend time with the children during various holidays. 0 4. Any other relief this Court fords just and equitable. spectfully submitted, e E. D'Alo tt rney for Plaintiff/ Petitioner 1dPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 raa so 2oo'rOY MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 07-341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART : Defendants : ACTION IN CUSTODY COURT ORDER AND NOW, this ZL"J day of m , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Plaintiff, Marian Sweigart, maternal grandmother, shall have primary physical custody and legal custody of the minor children Alaysia Wolfe-Sweigart, born 7/1/00, Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1115105. 2. Father and Mother have the right to Petition this Court to Modify this custody arrangement. Cc: Zohn F. King, Esq. , mothy Wolfe, Jr. S antha Sweigart ia4 V Wei 0.R? d'?a? _. T 14 MARION S WEIGART, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. No. 07-341 CIVIL TERM TIMOTHY PAUL WOLFE, IN CUSTODY SAMANTHA ANNE SWEIGART Defendants ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2007, at m., 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. 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. By the Court, Date: 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, Pease 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. MARION SWEIGART vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 341 TIMOTHY PAUL WOLFE, JR., and SAMANTHA ANNE SWEIGART Defendants CUSTODY COMPLAINT FOR CUSTODY CIVIL TERM 1. Plaintiff is Marion Sweigart, hereinafter referred to as Grandmother. Grandmother's mailing address is 445 Third St., West Fairview, PA 17025. 2. Defendants are Samantha Anne Sweigart, hereinafter referred to as Mother, and Timothy Paul Wolfe, Jr., hereinafter referred to Father. Mother's mailing address is 403 20`h st., W. Fairview, PA. Father resides at 22 Roop St., Highspire, PA 17034. 3. Mother seeks primary physical custody of the minor children: Name Present Residence Age Alaysia Wolfe-Sweigart 445 Third Street 7/1/00 DOB, 7 years old West Fairview, PA Bryson Wolfe 445 Third Street West Fairview, PA 8/6/02 DOB, 5 years old Landon Wolfe 445 Third Street 1/15/05 DOB, 2.5 years old West Fairview, PA The children, Alaysia, Bryson and Landon were born out of wedlock. The children were in the custody of Mother since the parties separated in November 2005. On January 15, 2006, Father came to Mother's home and snatched Alaysia and Landon. He refused to return the children to Mother's custody and refused to allow Mother to have contact with those two children. In 2007, Grandmother was granted custody of all three children. 4. During her lifetime, Alaysia has resided with the following persons and at the following addresses: Name Address Date Samantha Sweigart 445 Third Street birth - 1/01 Marian Sweigart Enola, PA Randy Sweigart Samantha Sweigart 313 Ridge Street 1/01-6/01 Timothy Wolfe, Jr. Steelton, PA Samantha Sweigart 445 Third Street 6/01- 11/01 Marian Sweigart Enola, PA Randy Sweigart Samantha Sweigart West Creek Hills Apartments 11/01 - 8/6/02 Camp Hill, PA Samantha Sweigart West Creek Hills Apartments 8/6/02 - 12/02 Bryson Wolfe Camp Hill, PA Samantha Sweigart 312 Third Street 12/02 - 12/04 Bryson Wolfe Enola, PA Samantha Sweigart 692 Cumberland Pt. 12/04 - 1/15/05 Bryson Wolfe Mechanicsburg, PA Samantha Sweigart 312 Third Street 1/15/05 - 9/05 Bryson Wolfe Enola, PA Landon Wolfe Samantha Sweigart 448 Third Street 9/05 - 11/05 Timothy Wolfe, Jr. Enola, PA Bryson Wolfe Landon Wolfe Samantha Sweigart 448 Third Street 11/05 - 1/15/06 Bryson Wolfe Enola, PA Landon Wolfe Timothy Wolfe 319 Third Street - #3 1/15/06 - 2/1/06 Danielle Gerhold Enola, PA Danielle's 2 children, Kirsten and Virginia Bobby Hoffman Landon Wolfe Bryson Wolfe Timothy Wolfe 98 Queens Way 2/1/06 - 6/30/06 Danielle Gerhold Enola, PA 17025 Danielle's 2 children Kirsten and Virginia Landon Wolfe Bryson Wolfe Marian Sweigart 445 Third St 7/1/06 - 8/24/06 Timothy Wolfe West Fairview, PA 17025 Danielle Gerhold Danielle's 2 children Kirsten and Virginia Landon Wolfe Bryson Wolfe Marian Sweigart Samantha Sweigart Landon Wolfe Bryson Wolfe 445 Third St. West Fairview, PA 17025 Colleen (sister of 158 Second St Timothy Wolfe) Highspire, PA 17034 James (husband of Colleen) Savannah and Nathan (children of Colleen and Nathan) Danielle Gerhold Danielle's Children Kirsten and Virginia Landon Wolfe Bryson Wolfe 8/24/06 - 9/24/06 9/25/06 - Early 2007 From early 2007 to the present it is not clear whether the children are living with the Grandmother at 445 Third Street, West Fairview, PA 17025 or with the Father at 22 Roop Street, Highspire, PA 17034. During his lifetime, Bryson has resided with the following persons and at the following addresses: Name Samantha Sweigart Alaysia Wolfe-Sweigart Samantha Sweigart Alaysia Wolfe-Sweigart Samantha Sweigart Alaysia Wolfe-Sweigart Samantha Sweigart Alaysia Wolfe-Sweigart Landon Wolfe Address Date West Creek Hills Apartments Birth - 12/02 Camp Hill, PA 312 Third Street 12/02 - 12/04 Enola, PA 692 Cumberland Pt. 12/04 - 1/15/05 Mechanicsburg, PA 312 Third Street 1/15/05 - 9/05 Enola, PA Samantha Sweigart 448 Third Street 9/05 - 11/05 Timothy Wolfe, Jr. Enola, PA Alaysia Wolfe-Sweigart Landon Wolfe Samantha Sweigart 448 Third Street Alaysia Wolfe-Sweigart Enola, PA Landon Wolfe Samantha Sweigart 448 Third Street Enola, PA Marian Sweigart 445 Third St Timothy Wolfe West Fairview, PA 17025 Danielle Gerhold Danielle's 2 children Kirsten and Virginia Landon Wolfe Alaysia Wolfe-Sweigart Marian Sweigart 445 Third St. Samantha Sweigart West Fairview, PA 17025 Landon Wolfe Alaysia Wolfe-Sweigart Colleen (sister of 158 Second St Timothy Wolfe) Highspire, PA 17034 James (husband of Colleen) Savannah and Nathan (children of Colleen and Nathan) Danielle Gerhold Danielle's Children Kirsten and Virginia Landon Wolfe Alaysia Wolfe-Sweigart 11/05 - 1/15/06 1/15/06 - 7/06 7/06 - 8/24/06 8/24/06 - 9/24/06 9/25/06 - Early 2007 From early 2007 to the present it is not clear whether the children are living with the Grandmother at 445 Third Street, West Fairview, PA 17025 or with the Father at 22 Roop Street, Highspire, PA 17034. During his lifetime, Landon has resided with the following persons and at the following addresses: Name Address Dates Samantha Sweigart 312 Third Street birth - 9/05 Bryson Wolfe Enola, PA Alaysia Wolfe-Sweigart Samantha Sweigart 448 Third Street 9/05 - 11/05 Timothy Wolfe, Jr. Enola, PA Bryson Wolfe Alaysia Wolfe-Sweigart Samantha Sweigart 448 Third Street 11/05 - 1/15/06 Bryson Wolfe Enola, PA Alaysia Wolfe-Sweigart Timothy Wolfe 319 Third Street - #3 1/15/06 - 2/1/06 Danielle Gerhold Enola, PA Danielle's 2 children, Kirsten and Virginia Bobby Hoffman Alaysia Wolfe-Sweigart Bryson Wolfe Timothy Wolfe 98 Queens Way 2/1/06 - 6/30/06 Danielle Gerhold Enola, PA 17025 Danielle's 2 children Kirsten and Virginia Alaysia Wolfe-Sweigart Bryson Wolfe Marian Sweigart 445 Third St 7/1/06 - 8/24/06 Timothy Wolfe West Fairview, PA 17025 Danielle Gerhold Danielle's 2 children Kirsten and Virginia Alaysia Wolfe-Sweigart Bryson Wolfe Marian Sweigart 445 Third St. 8/24/06 - 9/24/06 West Fairview, PA 17025 Alaysia Wolfe-Sweigart Bryson Wolfe Colleen (sister of 158 Second St 9/25/06 - Early 2007 Timothy Wolfe) Highspire, PA 17034 James (husband of Colleen) Savannah and Nathan (children of Colleen and Nathan) Danielle Gerhold Danielle's Children Kirsten and Virginia Alaysia Wolfe-Sweigart Bryson Wolfe From early 2007 to the present it is not clear whether the children are living with the Grandmother at 445 Third Street, West Fairview, PA 17025 or with the Father at 22 Roop Street, Highspire, PA 17034. 5. Mother currently resides with her father, Randy Sweigart, who is the maternal grandfather of the children. 6. Father lives with the following persons currently lives with his girlfriend, Danielle Gerhold and her two children. 7. A prior custody order was entered at this Docket number On March 22, 2007, and is attached hereto. At the time this order was entered, Mother was incarcerated and unable to participate in the proceeding. 8. Mother does not know of any person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a. For most of their lives, Mother was the primary provider for the children's emotional, physical, educational, financial and medical needs. b. Since the children were born until they were taken, Mother has been the parent primarily responsible for their daily care. c. Mother currently has a stable home environment with sufficient room that is safe and appropriate for the daily care of the children. d. Mother has successfully completed rehab and is currently in outpatient treatment. Part of her treatment plan requires weekly testing for drugs and alcohol and she is and remains free of alcohol or drugs. e. Mother regularly attends counseling and NA and AA meetings. f. Mother has attempted to contact Father and Grandmother to see children, but they have refused her requests. g. Mother has not seen her children since June of 2007. h. Mother is willing to communicate with and work cooperatively with Father and Grandmother to raise the children and will encourage father/child and grandmother/child relationships with all three children. 11. Father and Grandmother have not acted in the children's best interests in ways including but not limited to the following: a. Father snatched two of the children, Alaysia and Landon, from Mother's home on January 15, 2006. Father came to the house, Alaysia answered the door while Mother was upstairs with Bryson, and Father took Alaysia and Landon without agreement or discussion with Mother. b. Father and Grandmother have not allowed Mother to have any contact with their children since June of 2007. c. Father's and Grandmother's actions in prohibiting contact between Mother and the children are detrimental to the mother/child relationship and do not serve the children's best interests. d. Father has an extensive criminal history and was incarcerated on five separate occasions since the children were born. Mother fears that Father's criminal history, his history of incarceration, and the fact that he has never been a primary caretaker for the children makes him unstable in regard to providing for their daily needs. e. Father has never finished high school. f. Father does not have a job. g. Father has smoked marijuana on a number of occasions. h. Father and Grandmother held Alaysia out of school for her entire first grade year. i. Father physically assaulted Mother in September of 2007. j. Grandmother has neglected to clean up large amount of trash lying everywhere around the house. k. Grandmother refuses to allow any contact between the children Mother. 1. Mother believes that Grandmother has alcohol related problems and is concerned that she drives the children around while under the influence. 13. Every person with rights to custody or having actual physical custody of the children has been named as parties to this action. WHEREFORE, Mother requests this Court to order the following relief: 1. That Father and Grandmother shall have periods of partial custody at times agreed upon by the parties. 2. That the non-custodial parent and Grandmother shall have reasonable telephone contact with the children while they are with the other parties. 3. That the parties shall have an appropriate holiday schedule so that both parents and grandmother can spend time with the children during various holidays. 4. Any other relief this Court finds just and equitable. submitted, ,f? (DQ ,mil, )-c>o- l E. D' Alo ev for Plaintiff/ Petitioner MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 MAR20MOY o MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 07-341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART : Defendants : ACTION IN CUSTODY COURT ORDER AND NOW, this 0'4 day of vet. , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Plaintiff, Marian Sweigart, maternal grandmother, shall have primary physical custody and legal custody of the minor children Alaysia Wolfe-Sweigart, born 7/1/00, Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1115105. 2. Father and Mother have the right to Petition this Court to Modify this custody arrangement. Cc: --'.rohn F. King, Esq. )PGothy Wolfe, Jr. Spmantha Sweigart ?1a? a? VERIFICATION The above-named Defendant, Samantha Anne Sweigart, verifies that the statements made in the attached Petition for Special Relief and complaint are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: November 7, 2007 Sama tha Anne Sweiga t MARION SWEIGART, Plaintiff VS. TIMOTHY PAUL WOLFE, SAMANTHA ANNE SWEIGART Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 07 - 341 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAEL I, Grace D'Alo, do hereby swear that I served the last known COUNSEL FOR MARION SWEIGART, JOHN KING, by U.S. mail, first class at the following John King, Esquire 600 N. Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 I have also served the following persons by registered mail, return receipt requested: Marion Sweigart 445 Third Street West Fairview, PA 17025 Timothy Wolfe 22 Roop Street Highspire, PA 17034 I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service 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. ;t \ Date: Signature: gar 1;.J .y MARION SWEIGART IN THE PLAINTIFF CUMBE V. 2007-34 TIMOTHY PAUL WOLFE, SAMANTHA SWEIGERT IN CUS DEFENDANT ER AND NOW, Friday, November 09, 2007 it is hereby directed that parties and their respective counsel apI at 4th Floor, Cumberland County Courthouse, Carlisle on for a Pre-Hearing Custody Conference. At such conference, an if this cannot be accomplished, to define and narrow the issues order. All children age five or older may also be present at the provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any a Special Relief orders, and Custody orders to the conciliator FOR THE COURT, T OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ACTION LAW consideration of the attached Complaint, ire John J. Mangan, Jr., Esq. , the conciliator, esday, December 18, 2007 at 2:00 PM be ill be made to resolve the issues in dispute; or ird by the court, and to enter into a temporary ice. Failure to appear at the conference may all a fisting Protection from Abuse orders, hou s prior to scheduled hearing. By: /s/ John Man an r. L's . C stodv Conciliator The Court of Common Pleas of Cumberland Cou nty is r equired by law to comply with the Americans with Disabilites Act of 1990. For information about acces sible fac ilities and reasonable accommodations available to disabled individuals having business before th e court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or busi ness be fore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOU R ATT ORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, O TO R TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN G T LEG AL HELP. Cumberland Co unty Ba r Association 32 South edfor Street Carlisle, Pen sylvan a 17013 Telephone ?(717) 2 49-3166 IviNV/VMNN3d 9 Z .£ Wd £ I AON LOOZ AkN10?t? ? MARIAN SWEIGART, Plaintiff VS. TIMOTHY PAUL WOLFE, JR. an SAMANTHA ANNE SWEIGART Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 341 Civil Term d: ACTION IN CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. The petition of Timothy Wolfe, Jr. (Father), by his attorneys, the Family Law Clinic, respectfully represents that on March 22, 2007, an Order of Court was entered for custody of Alaysia Wolfe-Sweigart, born 07/01/00, Bryson Wolfe, born 08/06/02, and Landon Wolfe, born 01115105, (the children), a true and correct copy of which is attached. Under the existing Order, his Honorable Court entered an Order giving Plaintiff, Marian Sweigart, primary physical and legal custody. 2. Defendant Wolfe (Father) is the natural father. He currently resides at 22 Roop St., Highspire, PA 17034. 3. Defendant Samantha Sweigart (Mother) is the natural mother of the children. She has asserted that she currently resides at 403 20th Street, West Fairview, PA 17025. 4. Plaintiff (Grandmother) is the maternal grandmother of the children. She currently resides at 445 Third St., West Fairview, PA 17025. 5. This Order should be modified because: a. Since prior to the entry of the Court Order dated March 22, 2007, the children have been residing primarily with Father. b. Father was not properly served with the complaint for custody filed January 18, 2007 and he did not receive proper notice of the previous Custody Conciliation that was held on March 22, 2007. c. Grandmother and Father have agreed that the Court's Order of March 22, 2007 should be amended to reflect the status quo and grant Father primary physical and legal custody of the children. WHEREFORE, Petitioner requests that this Honorable Court modify the existing Order for Custody to give Father primary physical and shared legal custody because doing so will be in the best interest of the children. /;-&?-/0-1 Date " YA, 4 O CE ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Respectfully submitted, VERIFICATION I verify that the statements made in the foregoing Petition are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Timothy Wolfe, Jr., De endant WnRl8Y0o1e?l MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 07-341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART : Defendants : ACTION IN CUSTODY COURT ORDER AND NOW, this dday o 007, upon consideraWn of the attached Custody Conciliation Report, it is ord d an directed that: Ertl 1. The Plaintiff, Marian Sweigart, maternal grandmother, shall have primary physical custody and legal custody of the minor children Alaysia Wolfe-Sweigart, born 7/1/00, Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1/15105. 2. Father and Mother have the right to Petition this Court to Modify this custody arrangement. BY TIN COURT,,, ) J. Cc: John F. King, Esq. Timothy Wolfe, Jr. Samantha Sweigart CERTIFICATE OF SERVICE I, Marc Aoun, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving true and correct copies of a Petition to Modify Custody Order on the following persons by personal delivery at the custody conciliation, this 18th day of December, 2007: Grace E. D'Alo Attorney for Samantha A. Sweigart MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Marian Sweigart Plaintiff 445 Third Street West Fairview, PA 17025 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C7 G -?' ?- ??? ''- ? .? .n -p ? cra ;._ 4 ? ??_ ? ? .:? MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07 - 341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART : Defendants. : ACTION IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Timothy Paul Wolfe, Jr., Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, M rc A n C ified Legal Intern ANNE ONALD-F Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?w N MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07 - 341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART Defendants. ACTION IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Timothy Wolfe, Jr., in the above-captioned matter. Respectfully submitted by: 11 IF Aztez' - ??_ I ROB INS THOMAS M. PLAC LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 C= R rr' rn l r f'7 nr 7M f a =-' CO c, ~ m C N is O MARIAN SWEIGART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07 - 341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART : Defendants. : ACTION IN CUSTODY ORDER OF COURT AND NOW, this 18 a of de«4r?2007, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, Jai.. the conciliator, at Ft&•lr- C..•..•i?rlo^ theme/Id of Oe C. , 2007, at -.w0 -, 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. G '+d7 C ok G.' ?. `ctn.' ..j j 4 t t fi?!llhSNN3d yvno 6 3 T NJ 8 1330 LODZ AWIMMU d 3W 30 FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 . " DEC 212007 0 MARIAN SWEIGART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-341 Civil Term SAMANTHA ANNE SWEIGART Defendants : ACTION IN CUSTODY TIMOTHY PAUL WOLFE JR. and: Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this Z 9? day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Prior Order of Court dated March 22, 2007 is hereby VACATED. 2. Legal Custody: The Father, Timothy Paul Wolfe, Jr. and the Mother, Samantha A. Sweigart, shall have shared legal custody of Alaysia Wolfe-Sweigart, born 7/1/00; Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1115105. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. 3. Physical Custody: Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: a. Commencing December 22, 2007, Mother shall have partial physical custody of the Children every Saturday from 10:00 am until 7:00 pm. Mother shall provide the transportation for these periods picking the Children up at Father's residence in Highspire. Father shall compensate Mother 10 (ten) dollars per week for six (6) weeks to help with gasoline expenses. b. Commencing 12/26/07, Mother shall have periods of physical custody every Wednesday from 4:15 until 7:30 pm. The exchange point for the Mother to pick the Children up shall be at the McDonald's near Cedar FILED-BUFF ICE OF THE PROTH"),11,110TARY 2007 DEC 28 AM 1 ! : 4 4 PP Cliff High School. The exchange point for Father to pick the Children up shall be at the Yocumtown exit McDonald's. c. The parties may alter or expand Mother's physical custodial periods or exchange points upon mutual agreement. 4. Holidays: a. Mother shall have physical custody of the Children on 12/24/07 from 10:00 am until 8:00 pm. Mother shall provide transportation. b. Mother shall have physical custody of Landon for his birthday on 1/15/08 from 10:00 am until 3:00 pm and Mother shall provide transportation. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. The parties, household members and third parties are directed to not smoke in confined places in the presence of the Children and are directed to provide a safe and healthy environment for the Children. 9. Both parents are directed to communicate medical appointments for the Children to one another within a reasonable time frame. 10. This Order is entered pursuant to 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. A telephonic status update is tentatively scheduled for January 31, 2008 at 9:00 am. Cc: The Family Law Clinic MidPenn Legal Services Marian Sweigart, 445 Third Street, West Fairview, PA 17025 John J. Mangan, Esq. P MARIAN SWEIGART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 07-341 Civil Term TIMOTHY PAUL WOLFE, JR. and: SAMANTHA ANNE SWEIGART : Defendants : ACTION IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Alaysia Wolfe-Sweigart, born 7/1/00; Bryson Wolfe, born 8/6/02 and Landon Wolfe, born 1/15/05. 2. A Conciliation Conference was held on February 9, 2007 with the following individuals in attendance: The maternal grandmother, Marian Sweigart, with her counsel, John F. King, Esquire The Father, Timothy P. Wolfe, Jr., did not appear The Mother, Samantha A. Sweigart, did not appear 3. The Honorable Kevin A. Hess entered an Order dated March 22, 2007 granting maternal grandmother primary physical and legal custody of the Children at issue. 4. A Conciliation Conference was held on December 18, 2007 with the following individuals in attendance: The maternal grandmother, Marian Sweigart, pro se The Father, Timothy P. Wolfe, Jr., with his cousel, The Family Law Clinic The Mother, Samantha A. Sweigart, with her counsel, MidPenn Legal Services, Grace D'Alo 5. The parties agreed to the entry of an Order in the form as attached. Date: 7 John gan, Esquire Cus dy onciliator