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HomeMy WebLinkAbout07-1485 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Barry L. Swartz, Jr. BARRY L. SWARTZ, JR., Plaintiff vs. KIMBERLEE ANN SWARTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 BARRY L. SWARTZ, JR., Plaintiff vs. KIMBERLEE ANN SWARTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CJ ?' oil, CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND COMPLAINT FOR CUSTODY 1. The Plaintiff is Barry Swartz, Jr., an adult individual who currently resides at 16 College Hill Road, Enola, Cumberland County, Pennsylvania 17025, and whose Social Security Number is 173-66-2312. 2. The Defendant, Kimberlee Ann Swartz, is an adult individual, whose current address is confidential and not being disclosed; however, the Defendant is represented by Attorney Kristopher T. Smull, whose office is located at 210 Grandview Avenue, Suite 102, Camp Hill, Cumberland County, Pennsylvania 17011. Attorney Smull has indicated his willingness to accept service on behalf of the Defendant. The Defendant's Social Security Number is unknown at this time; however, it is anticipated the same will be provided by her counsel. 3. Plaintiff and Defendant were married on August 12, 2003 in Harrisburg, Dauphin County, Pennsylvania. I . 4. Plaintiff has resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. The parties are the parents of one (1) minor child born of the marriage namely: Brianna Marie Swartz, born November 12, 2004.. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. COMPLAINT FOR CUSTODY 11. Paragraphs 1 through 10(a) of the foregoing Complaint in Divorce are incorporated herein and made a part of by reference. 12. The parties are the natural parents of one child; namely: Brianna Marie Swartz born November 12, 2004. 13. The minor child had been the subject of a Dependency Proceeding in the Court of Common Pleas of Cumberland County, Juvenile No. CP-21-JV-331-2005. 14. By Order of Court dated October 13, 2006, the minor child was returned to the home of the Plaintiff and Defendant. 15. The parties then separated November 24, 2006. 16. The Plaintiff, Barry Swartz, Jr. believes that the best interest of his daughter will be served by granting him primary physical custody with partial custody rights in the Defendant, Kimberlee Ann Swartz. 17. With the exception of the Dependency action set forth above, there has been no prior action for custody or visitation of the minor child in this or any other jurisdiction. 18. The Court of Common Pleas of Cumberland County has jurisdiction in this matter as the minor child has resided in Cumberland County since her birth, with the exception of the possibility that she has been residing with the Defendant in Dauphin County, Pennsylvania since the parties separated. 19. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court of this Commonwealth of any other state. 20. The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff, Barry L. Swartz, Jr. respectfully prays your Honorable Court to grant him primary physical custody of his daughter with partial custody rights in the Defendant. Respectfully submitted, Y. Diane M. ils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: March 14, 2007 VERIFICATION I verify that the statements made in this Complaint in Divorce 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. Barry L. Swartz, Jr. Date: March 14, 2007 A CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint in Divorce Under Section 3301(c) of the Divorce Code and Complaint for Custody has been served upon the Defendant, Kimberlee Ann Swartz, through her Attorney Kristopher T. Smull, by first class, United States mail, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this day of March 2007, addressed as follows: Kristopher T. Smull, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, Pennsylvania 17011 Respectfully submitted, Diane M. s, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 N ?o P Pi w ^49. ?w p ? 1 2 -EW cn G? N q gm F d 0 IOZ) BARRY L. SWARTZ, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLEE ANN SWARTZ DEFENDANT 07-1485 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 22, 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, April 20, 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, jr., 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Lq. VIa. ' `df!'NVA7ASNI 74 N?cfvm L V 'V Rd N VVW LUVZ RMO NO'Hi t' 'd 3Nl 30 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Barry L. Swartz, Jr. BARRY L. SWARTZ, JR., Plaintiff vs. KIMBERLEE ANN SWARTZ, Defendant IN THE COURT OF COMMON PLEAS H?4?3COUNTY, PENNSYLVANIA No. 07-1485 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Kristopher T. Smull, Esquire, hereby accept service of the Complaint in Divorce and Complaint for Custody on behalf of Kimberlee Ann Swartz, in the above matter on this 30 day of Mk BY: , 2007. Krigtopher T. Smull, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney I.D. No. Telephone No. (717) 909-4060 Fax No. (717) 909-4068 a :? Y.-, ?; `?; ? _ =i`? - ? -? . ; ;: ?' t ._ ?, ?''? ? _:?: ... ?' _ AUG 1 0 2oo?+d BARRY L. SWARTZ, JR., Plaintiff V. KIMBERLEE ANN SWARTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1485 CIVIL ACTION - LAW : IN DIVORCE ORDER th AND NOW, this day of August, 2007, upon consideration of the attached report from the Custody Conciliator, the "Agreement of the Parties" attached hereto and marked as Exhibit "A", is incorporated as an Order of Court. cc: A?jiane M. Dils, Esquire Aistopher T. Smull, Esquire 4 BY THE COURT. 0? :Z I1d 01 SAY LOOI BARRY L. SWARTZ, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLEE ANN SWARTZ, : NO. 07-1485 CIVIL ACTION - LAW Defendant : IN DIVORCE 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: After various correspondence and communications between counsel for the parties and the Conciliator, the parties submitted to the Conciliator an Agreement which could be incorporated as a Court Order. The Conciliator recommends an Order in the form as attached. Date: 8--7 0-7 Hubert X. G!Koy, Esquire Custody Cgdciliator LAW OFFICE OF DILS & DILS DIANE M. DILS, ESQUIRE 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attorney for Plaintiff: Barry L. Swartz, Jr. BARRY L. SWARTZ, JR., Plaintiff, VS. KIMBERLEE ANN SWARTZ, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1485 CIVIL ACTION - LAW IN DIVORCE AGREEMENT OF THE PARTIES AND NOW this-- day of 2007 comes the above named e-1 a parties, Barry L. Swartz, Jr., after having conferring with his attorney, Diane M. Dils, Esquire, and Kimberlee Ann Swartz, after conferring with her attorney, Kristopher T. Smull, Esquire, hereby agree as to the following terms and conditions regarding the custody arrangement of their daughter: Barry L. Swartz, Jr., hereinafter referred to as Father, and Kimberlee Ann Swartz, hereinafter referred to as Mother, are the natural parents of one child: namely, Brianna Swartz, born November 12, 2004. EXHIBIT A 2. It is in the best interest of the minor child, Brianna Swartz, born November 12, 2004, for shared legal custody of the minor child. The parties agree that major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the child's best interest. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the child. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the child. The parties agree not to either attempt or alienate the affections of the child for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the child will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. 3. Primary physical custody of the minor child shall remain in Kimberlee Ann Swartz, Mother. 4. Partial physical custody of the minor child shall be in Father, Barry L. Swartz, Jr., and shall occur at the home of Father's mother, the Paternal 2. Grandmother, until a different location is approved by the Counselor, said Counselor to be hereinafter engaged, as follows: (a) Every other weekend on Saturday at 9:00 a.m. until 6:00 p.m. and again on Sunday at 9:00 a.m. until 6:00 p.m.; (b) Every Friday from 9:00 a.m. until 6:00 p.m. Mother and Father will be flexible as to the pickup time on Friday depending on the work schedule of Father. 5. Mother and Father hereby agree to immediately commence family therapeutic counseling with the office of Riegler, Shienvold and Associates, a counselor other than Melinda Eash, M.S. 6. Mother and Father hereby agree that they shall work with the counselor for the Father to gradually increase his partial custodial periods to include overnights and other times to be agreed upon by the parties. 7. Mother and Father hereby acknowledge that Mother's previous custody action Docketed to No. 05-5760 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, and the Order entered November 8, 2005 in said matter, shall be vacated and the above captioned custody action shall remain in effect with the terms of custody as set forth in this Agreement. 3. 8. The parties hereto execute this Agreement setting forth the custodial terms after advice and consultation with their respective counsel, and upon execution of this Agreement, respectfully request the same be entered as a Court Order. 9. The parties hereto understand that upon execution of Agreement, the same will be forwarded to the Conciliator appointed in this matter; namely: Hubert X. Gilroy, Esquire for the purpose of this Agreement being made a Court Order. 10. The parties hereto agree that they will cooperate with the recommendation of the counselor for any increased time between Father and the minor child. 11. During any period of custody or visitation, the parties to this Order shall not possess or use any control substance; neither shall they consume alcoholic beverages. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. The parties are further advised that a failure to adhere to this provision shall constitute a direct violation of this Order of Court and 4. could well expose the offending party to sanctions, including possible fines and imprisonment. 12. By executing this Agreement, the parties hereto acknowledge that they do not desire the custody matter to be forwarded to the Court for a Hearing, but that this Agreement be entered as a final Order at this time. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. i Diane M. ils, quire ?l K t her T. Smull, Esquire bvtiu ' L' 5 (f- (SEAL) Barry L. Swartz, Jr. I ?ia ?Pl (SEAL) Kimberlee Ann Swartz 61- 5. BARRY L. SWARTZ, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-1485 KIMBERLEE ANN SWARTZ, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 15, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: COKI ERLEE Z, Defen ,...? (?.,. l _ .F ,? ?. i` .3:. ?x"t ? .. 1 BARRY L. SWARTZ, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-1485 KIMBERLEE ANN SWARTZ, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 15, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: - ?A ;f ?`'V c2i `)-- RRY L. SWARTZ, JR., Plaintiff {`? .,g ?;t v' ":.D ', J ?2 !, :1 ?. ,._ r, ? ? i? .. .. J C ?? ':.' . y ?, . w. LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Barry L. Swartz, Jr. BARRY L. SWARTZ, JR., Plaintiff vs. KIMBERLEE ANN SWARTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1485 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievably broken under Section (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Service upon Defendant: Acceptance of Service by Kristopher T. Smull, Esquire on March 30, 2007, Defendant's attorney. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, November 14, 2008; by Defendant, November 14, 2008. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiff's affidavit upon Defendant: N/A. 4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith and by Defendant: Simultaneously herewith. 6. Related Claims Pending: None Date: Diane M. DiIs, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 Attorney for (x) Plaintiff ( ) Defendant ?.? ?, '' - ? _? ?Y ? ?.. ?,a }?.. ?.. __ ?_ ..._. ^p IN THE COURT OF COMMON PLEAS OF BARRY L. SWARTZ, JR. CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLEE ANN SWARTZ NO. 07-1485 DIVORCE DECREE AND NOW, N6.4LM?C.r 1 , 00? , it is ordered and decreed that BARRY L. SWARTZ, JR. , plaintiff, and KIMBERLEE ANN SWARTZ , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, ltq\-?Ut \ --- Attest: J. f'r honotary I -vw Last Printed: January 28, 2010 9:57 AM C? r ?v u ' - r. ;It 7 . ` I ll MARIA P. COGNETTI & ASSOCIATES ?F _ MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner BARRY L. SWARTZ, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. KIMBERLEE ANN SWARTZ, Defendant/Petitioner : No. 07-1485 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITIATION ORDER AND NOW, comes Petitioner, Kimberlee Ann Swartz, by and through her attorney, Maria P. Cognetti, Esquire, and files the within Petition for Modification of a Custody Order, and in support thereof, avers as follows: 1. Petitioner is Kimberlee Ann Swartz (hereinafter referred to as "Mother"), an adult individual who currently resides at 204 South Harrisburg Street, Steelton, Dauphin County, Pennsylvania 17113. 2. Respondent is Barry L. Swartz, Jr. (hereinafter referred to as "Father"), an adult individual who is currently incarcerated at SCI-Chester, 500 East Fourth Street, Chester, Chester 4'70.00 PO ATTY CO 4(v f6 zr*a,V,q83 County, Pennsylvania 19013. 3. The parties are the parents of one minor child, namely, Brianna Swartz, born November 12, 2004. 4. There is presently an existing Custody Order in this matter dated August 10, 2007. A true and correct copy of said Order is attached hereto and marked as Exhibit "A". 5. Pursuant to the terms of the aforementioned Order, the parties have shared legal custody. Mother has primary physical custody and Father has limited partial physical custody, which occurs at the home of his mother. 6. Since the entry of the aforementioned Order, Father has been charged with the following criminal offenses: A. Simple Assault and Harassment in June, 2008. B. Driving Under the Influence, Driving with a Suspended License, and Recklessly Endangering Another Person in October, 2008. C. Simple Assault and Harassment in May, 2009. 7. Of the charges brought against Father, he pled guilty to the following: A. Harassment in January, 2009. B. Simple Assault in January, 2009. C. Driving Under the Influence in June, 2009. D. Driving with a Suspended License in June, 2009. E. Harassment in October, 2009. 8. As a result of Father's guilty pleas, he is currently serving a sentence of one to five years. 9. Father was previously charged with a DUI in 2001, for which he was also confined in a State Correctional Institution. 10. Petitioner believes, and therefore avers, that it is in the best interest of the minor child for her to have primary physical and sole legal custody for the following reasons: A. Mother is the more appropriate role model for the child. B. Mother believes she is the more appropriate parent and more available to the child. C. Mother believes that, given Father's criminal history, upon his release from prison, a more appropriate Order will need to be considered. WHEREFORE, Petitioner prays This Honorable Court grant her primary physical custody and sole legal custody of the minor child pending Father's release from prison. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Date: January 28, 2010 By: MARIA Fl COG TTI, ESQUIRE Attorney I.D. No. 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION I, KIMBERLEE ANN SWARTZ, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to un-sworn falsification to authorities. DATE: KIMBE EE ANN SWARTZ AUG 10 20070 BARRY L. SWARTZ, JR., Plaintiff V. KIMBERLEE ANN SWARTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1485 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 16A day of August, 2007, upon consideration of the attached report from the Custody Conciliator, the "Agreement of the Parties" attached hereto and marked as Exhibit "A", is incorporated as an Order of Court. BY THE COURT, N J. cc: Diane M. Dils, Esquire Kristopher T. Smull, Esquire M YrRU6 COPY -FROM RECORD ny whereo h '' nto set m hand and sael of sal Coo at arlisle, P TM.....?? a r BARRY L. SWARTZ, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. , KIMBERLEE ANN SWARTZ, : NO. 07-1485 CIVIL ACTION - LAW Defendant : IN DIVORCE 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: After various correspondence and communications between counsel for the parties and the Conciliator, the parties submitted to the Conciliator an Agreement which could be incorporated as a Court Order. The Conciliator recommends an Order in the form as attached. Date: Pr-7 0-7 Hubert X. G' oy, Esquire Custody C ciliator LAW OFFICE OF DILS & DILS DIANE M. DILS, ESQUIRE 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attorney for Plaintiff: Barry L. Swartz, Jr. BARRY L. SWARTZ, JR., Plaintiff, VS. KI IBERLEE ANN SWARTZ, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1485 AGREEMENT OF THE PARTIES AND NOW this'p41 day of 2007 comes the above named parties, Barry L. Swartz, Jr., after having con erring with his attorney, Diane M. Dils, Esquire, and Kimberlee Ann Swartz, after conferring with her attorney, Kristopher T. Smull, Esquire, hereby agree as to the following terms and conditions regarding the custody arrangement of their daughter: 1. Barry L. Swartz, Jr., hereinafter referred to as Father, and Kimberlee Ann Swartz, hereinafter referred to as Mother, are the natural parents of one child: namely, Brianna Swartz, born November 12, 2004. EA BR CIVIL ACTION - LAW IN DIVORCE 2. It is in the best interest of the minor child, Brianna Swartz, born November 12, 2004, for shared legal custody of the minor child. The parties agree that major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the child's best interest. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the child. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the child. The parties agree not to either attempt or alienate the affections of the child for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the child will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. 3. Primary physical custody of the minor child shall remain in Kimberlee Ann Swartz, Mother. 4. Partial physical custody of the minor child shall be in Father, Barry L. Swartz, Jr., and shall occur at the home of Father's mother, the Paternal 2. Grandmother, until a different location is approved by the Counselor, said Counselor to be hereinafter engaged, as follows: (a) Every other weekend on Saturday at 9:00 a.m. until 6:00 p.m. and again on Sunday at 9:00 a.m. until 6:00 p.m.; (b)Every Friday from 9:00 a.m. until 6:00 p.m. Mother and Father will be flexible as to the pickup time on Friday depending on the work schedule of Father. 5. Mother and Father hereby agree to immediately commence family therapeutic counseling with the office of Riegler, Shienvold and Associates, a counselor other than Melinda Eash, M.S. 6. Mother and Father hereby agree that they shall work with the counselor for the Father to gradually increase his partial custodial periods to include overnights and other times to be agreed upon by the parties. 7. Mother and Father hereby acknowledge that Mother's previous custody action Docketed to No. 05-5760 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, and the Order entered November 8, 2005 in said matter, shall be vacated and the above captioned custody action shall remain in effect with the terms of custody as set forth in this Agreement. 3. 8. The parties hereto execute this Agreement setting forth the custodial terms after advice and consultation with their respective counsel, and upon execution of this Agreement, respectfully request the same be entered as a Court Order. 9. The parties hereto understand that upon execution of Agreement, the same will be forwarded to the Conciliator appointed in this matter; namely: Hubert X. Gilroy, Esquire for the purpose of this Agreement being made a Court Order. 10. The parties hereto agree that they will cooperate with the recommendation of the counselor for any increased time between Father and the minor child. 11. During any period of custody or visitation, the parties to this Order shall not possess or use any control substance; neither shall they consume alcoholic beverages. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. The parties are further advised that a failure to adhere to this provision shall constitute a direct violation of this Order of Court and 4. could well expose the offending party to sanctions, including possible fines and imprisonment. 12. By executing this Agreement, the parties hereto acknowledge that they do not desire the custody matter to be forwarded to the Court for a Hearing, but that this Agreement be entered as a final Order at this time. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. Diane M. Is. quire t her T. Smull, Esquire (SEAL) Barry L. Swartz, Jr. (SEAL) Kimberlee Ann Swartz 5. Last Printed: January 28, 2010 9:57 AM CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of a Partial Custody or Visitation Order at the address indicated below: Diane M. Dils, Esquire Dils & Dils 1400 North Second Street First Floor, Front Harrisburg, PA 17102 Service by: Personal service via hand delivery Barry L. Swartz, Jr. Inmate No. JC0403 SCI - Chester 500 East Fourth Street Chester, PA 19013 X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: January 28, 2010 By: MARIA P. CO $ETTI, ESQUIRE Attorney I.D. W. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner BARRY L. SWARTZ, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLEE ANN SWARTZ DEFENDANT 2007-1485 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW Thursdaebruary, 04, 2010 _ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 04, 2010 at 10:3_0 AM for a Pre-Hearing Custody Conference. At such conference, an of-fort 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. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. _ 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.., "PHIS 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 FUD-QfTICE OF THE pFK)WNOTARy 2010 FEB -4 PM 12: 35 CUM-F4 UUUNTY PENNSYLVANIA MAR 1 2 2010 i BARRY L. SWARTZ, JR., Plaintiff vs. KIMBERLEE ANN SWARTZ, Defendant Prior Judge: The Honorable M.L. Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-1485 IN CUSTODY COURT ORDER th NOW, this _11._ day of March, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior Custody Orders entered in the above matter are vacated and replaced with the following Order: 1. The mother, Kimberlee Ann Swartz, shall enjoy sole legal and primary physical custody of Brianna Swartz, born November 12, 2004. 2. Upon the father's release from prison, the father shall enjoy such periods of temporary custody with the minor child at such times and under such circumstances as agreed upon by the parties. 3. In the event the father desires a more detailed physical custody arrangement and is unable to reach an agreement with the mother, father may petition the Court to have this case again scheduled with the Custody Conciliator for a conference. BY THE COURT, C M.L. Ebert cc: ognetti, Esquire -= -- 6, r. Barry L. Swartz, Jr c- ?sz ?I r C:? BARRY L. SWARTZ, JR., Plaintiff vs. KIMBERLEE ANN SWARTZ, Defendant Prior Judge: The Honorable M.L. Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-1485 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brianna Swartz, born November 12, 2004. 2. A Conciliation Conference was held on March 11, 2010, with the following individuals in attendance: The mother, Kimberlee Ann Swartz, who appeared with her counsel, Maria Cognetti. The father is incarcerated and communicated with the Conciliator via a letter and also had his mother call the Custody Conciliator's office. 3. In light of the fact that the father is in jail, has not seen the child for a long period of time and that there will need to be some period of adjustment with the father and the child when and if the father is released from prison, the Conciliator recommends entry of an Order in the form as attached. Date: March 1-2 '2010 6?( v e?,l Hubert X. Gilroy, Esq ' e Custody Conciliator