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HomeMy WebLinkAbout00-05793?- 4 d IN THE COURT OF COMMON PLEAS LAURA A. SWOPE ---------------- --------- - -- ------- -- Plaintiff ---- ------- --------- -------------- Versus JEFFREY C. SWOPE ------------------ ------------- Defendant -- ------ N o....Q.Q.-.5 29.3 .. ..................19 DECREE IN DIVORCE decreed that . . . . . . . . . . . LAURA, A,, gxopiE ....................... plaintiff, ... and ........... JEFFREY. C....SWOP.E ........................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; . , , , Separation, Agre ruent..datp.d .Sept;ember .26.,..20A.O..is. lncorporated ..but.not merged,...... ................................................. ..,• -• By rc: -------- ---------- Attest: J, A Prothonotary a i W .w.:..,.4:.w.. s.,_e re:r-;_s. AND NOW, .. r........ ....... ......... M-2001, it is ordered and ti ,w 0 i r A .t SEPARATION AGREEMENT This Agreement, made and entered into this 2lO day of .50) Mb AFR, . 2000, between Laura A. Swope, of Carlisle, Pennsylvania, hereinafter referred to as "Wife", and Jeffrey C. Swope, of Willow Hill, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 10, 1993 in Cumberland County, Pennsylvania; WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Samantha P. Swope WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting the custody and support of the child, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate C s Y his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties agree that the Wife shall have primary physical and legal custody of the child, Samantha P. Swope and that the Husband shall have visitation with the child every other weekend from 5:00pm Friday evening until 7:00pm Sunday night. 5. Support. a. Child Support. The parties agree that the Husband shall be responsible for child support in the amount of $50.00 per week. b. Medical Care for the Children. The parties agree that the child shall be carried upon the employer sponsored medical insurance programs provided to Wife. Husband agrees to pay one half of any yearly deductible under said plan as well as one half of any yearly fee assessed to Wife for the operation of the plan. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. 6. Distribution of Marital Assets. The Parties agree that all marital assets have been divided and distributed between them in a manner that is mutually satisfactory and will make no future claim to any assets, real, personal, or other, currently in the possession of the other Party. 7. Debts. The Parties agree that no debt of the marriage remains to be assumed by either the Husband or the Wife that has not been previously agreed upon. 1. r. t L 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 11. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document as well as the preparation and filing of the divorce action captioned at 00-5793 Civil Term. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Swope v. Swope, 00-5793 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 13. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall S T. ? 1 have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. C7 G_ l t rw - .? L. zo K LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5793 CIVIL TERM CIVIL ACTION 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: irretrievable breakdown under §3301(d) of the Divorce Code. 2. 15, 2000. 3. Code. 2000 Date and manner of service of the complaint: Certified mail on September Date of execution of the Affidavit required by §3301(d) of the Divorce By Plaintiff: August 21, 2000 By Defendant: September 4, 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to file the Praecipe to Transmit the Record, a copy of which is attached by first class mail on September 28,: 2000. d, DiA A. Greene, E (quire Attorney for Plaintiff cs ? c:; c --- -? ?_ -?, Rli .'; ?-u ir. ?_ -< .c: -t ,?-L, _..? -i?? i _ ' -r ty ?C.i - %f 3 ' y ? ? 7 iJ f A LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5793 CIVIL TERM CIVIL ACTION IN DIVORCE c e -> ) C NOTICE OF INTENTION TO REQUEST ENTRY- ??' 7 OF 3301(D) DIVORCE DECREE r a 71 TIO TO: Jeffre C Swo Defendant n z e y . p , You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the 3301(d) affidavit. Therefore, on or after April 12, 2000, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit, which you may file with the Prothonotary of the court, is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- CIVIL TERM CIVIL ACTION IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER 43301(D) OF THE DIVORCE CODE Check either (a) or (b) (a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. i' VERIFICATION I verify that the statements made in this Counteraffidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date Jeffrey C. Swope ,a LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 67q?3 CIVIL TERM CIVIL ACTION 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 will proceed without you and a decree in divorce or annulment 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 visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the 1s` Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 LAURA A. SWOPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00- CIVIL TERM JEFFREY C. SWOPE, : CIVIL ACTION Defendant : IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Laura A. Swope an adult individual, currently residing at 641 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jeffrey C. Swope, an adult individual, currently residing at 12577 Path Valley Road, Willow Hill, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 10 in 1993. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since April 10, 1997 and continue to live separate and apart as of the date of this Complaint. t 10. The parties' marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce. ?` 22 Date Respectfully Submitted TURO LAW OFFICES David A. Greene,' 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa. C.S. §4904 relating to unsworn falsification to authorities. <? a?10© Date ? ?? ,t ?: ,r - ,? , ??s ?. ?? ; ' = _;;. ??: ; l <c? ? ,v ?iil ? .? ?? ? f a Laura A. Swope, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00- CIVIL TERM Jeffrey C. Swope, : CIVIL ACTION Defendant : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER 43301(D) OF THE DIVORCE CODE 1. The parties to this action separated on April 10, 1997 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of marital property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF PA. C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Laura A. Swope LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- CIVIL TERM CIVIL ACTION IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER §3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b) (a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. VERIFICATION I verify that the statements made in this Counteraffidavit 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 Jeffrey C. Swope k o V GC, j» G tL`i rJ "_j ? CG T> 9?3 f 1 - 1 LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5793 CIVIL TERM CIVIL ACTION IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint in the above-captioned case. Date C• Je r y i,. ope 125 7 pa h Valley Road Willow Hill, PA 17271 c> ? ?_ ?yy-? ? f? Y? _-.? F?t; __ ' / CC `'}c-` ? ?.: ?:' ?' C> ? ? ? Cdr'' - } -C ? 3 /v a B LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant • l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 5?q3 CIVIL TERM CIVIL ACTION IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER §33010 OF THE DIVORCE CODE 1. Check either (a) or (b) (a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) _ (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. s ?w VERIFICATION I verify that the statements made in this Counteraffidavit 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. ?- Y-6-0 ? G Date JeVfe)i ope ,.,, jLn ;x„ rno 'J h1 ti 4 LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5793 CIVIL TERM CIVIL ACTION IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 3301(D) DIVORCE DECREE TO: Jeffrey C. Swope, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the 3301(d) affidavit. Therefore, on or after April 12, 2000, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit, which you may file with the Prothonotary of the court, is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ; - t LAURA A. SWOPE, Plaintiff V. JEFFREY C. SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- CIVIL TERM CIVIL ACTION IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER 433010 OF THE DIVORCE CODE Check either (a) or (b) (a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. VERIFICATION I verify that the statements made in this Counteraffidavit 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 Jeffrey C. Swope ?iSurra?nat ewKOeaeAti,?u?aVatuaRrv. i C7 C m_. S. L e' G; ca w? v, rn C. a a c.7 rri -' Ji RECEIVED FEB 15 2006 ai JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Petition filed on behalf of Petitioner, the Prothonotary is directed to issue a Writ of Ne Exeat. It is further ORDERED and DECREED that Laura Swope is directed to remain in the jurisdiction of this Court, along with the minor child, until a final custody order is entered in this matter. BY THE COURT: J? Distribution: Kara W. Haggerty, Esquire Laura Swope, 347 Old Stonehouse Road, Boiling Springs, PA 17007 JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY PETITION FOR WRIT OF NE EXEAT AND NOW, this 15T' day of February, 2006, comes the petition of Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of Abom & Kutulakis, L.L.P., and respectfully represents: 1. The Plaintiff is Jeffrey Swope residing at 16836 Drifted Lane, Spring Run, Franklin County, Pennsylvania 17262. 2. The Defendant is Laura Swope who is believed to be residing at 347 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The subject minor child is Samantha Swope, born January 6, 1994, who is believed to be residing with her mother at the above-referenced address. 4. This action has been brought under the prior divorce and custody action pursuant to Title 23, and is being filed contemporaneously with a Motion to Modify Custody. 5. Defendant/Mother has refused to allow Father to see the child since December 2004. 6. Defendant/Mother has advised Plaintiff/Father on numerous occasions that she will only allow Petitioner to see his daughter at her discretion. 7. The subject minor child has told numerous individuals, including but not limited to her father, that Mother intends to move to New York City and take the child with her. Mother has not consulted with or obtained permission from Father to move to New York City with the minor child. 9. The subject minor child has advised her Father that she desires to remain in Pennsylvania where she has been raised. 10. It is believed and therefore averred that Mother intends to move to New York City following her custody court appearance in Cumberland County on February 16, 2006, regarding another daughter. 11. It is believed and therefore averred that Mother's move to New York City, or another location outside of Pennsylvania, is imminent in that the subject minor child is not expected to return to school at the Lamberton Middle School in Carlisle, Pennsylvania. 12. The above information is based on direct statements of the child and/or Defendant/Mother to Plaintiff/Father. 13. This emergency petition is based upon Father's fear that child's mother will secretly leave the area with the child, and Father would never see the child again for reasons including the following: a. Mother has sold her home at 513 South Pitt Street, Carlisle, Pennsylvania, prior to losing this property in a foreclosure action. b. Mother has sold most of her and Samantha's personal belongings. c. Mother does not currently have a permanent residence. d. Mother has not made any living arrangements in New York City. e. Mother does not have employment in New York City. WHEREFORE, Petitioner requests This Honorable Court to direct the issuance of a Writ of Ne Exeat, directing the defendant to remain with the parties' child, in this jurisdiction. Date: 02l 15 I DLV Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggertyffjq ' I.D. #86914 ?? 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff JEFFREY SWOPE Plaintiff VS. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR WRIT OF NE EXEAT are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unworn falsifications to authorities. DATE: Q2=115(plo A y y ope CERTIFICATE OF SERVICE AND NOW, this dh-day of 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Writ of Ne Exeat upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakis, L.L.P. Kara W. Haggerty s ui Attorney ID No. 4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 9 - m n'F= -of-r, Cal 6 cn RECEIVED FEB 151 JEFFREY SWOPE Plaintiff VS. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Petition filed on behalf of Petitioner, the Prothonotary is directed to issue a Writ of Ne Exeat. It is further ORDERED and DECREED that Laura Swope is directed to remain in the jurisdiction of this Court, along with the minor child, until a final custody order is entered in this matter. BY THE COURT: J• Distribution: Kara W. Haggerty, Esquire Laura Swope, 347 Old Stonehouse Road, Boiling Springs, PA 17007 JEFFREY SWOPE Plaintiff VS. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION FOR WRIT N p c? rn T -C* U7 'T1 M NE EXEAT cr) - AND NOW, this 15' day of February, 2006, comes the petitio Jerey ?5 Fn Swope, by and through his attorney, Kara W. Haggerty, Esquire of Abo?u 8z? ; Kutulakis, L.L.P., and respectfully represents: The Plaintiff is Jeffrey Swope residing at 16836 Drifted Lane, Spring Run, Franklin County, Pennsylvania 17262. 2. The Defendant is Laura Swope who is believed to be residing at 347 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The subject minor child is Samantha Swope, born January 6, 1994, who is believed to be residing with her mother at the above-referenced address. 4. This action has been brought under the prior divorce and custody action pursuant to Title 23, and is being filed contemporaneously with a Motion to Modify Custody. 5. Defendant/Mother has refused to allow Father to see the child since December 2004. 6. Defendant/Mother has advised Plaintiff/Father on numerous occasions that she will only allow Petitioner to see his daughter at her discretion. 7. The subject minor child has told numerous individuals, including but not limited to her father, that Mother intends to move to New York City and take the child with her. S. Mother has not consulted with or obtained permission from Father to move to New York City with the minor child. 9. The subject minor child has advised her Father that she desires to remain in Pennsylvania where she has been raised. 10. It is believed and therefore averred that Mother intends to move to New York City following her custody court appearance in Cumberland County on February 16, 2006, regarding another daughter. 11. It is believed and therefore averred that Mother's move to New York City, or another location outside of Pennsylvania, is imminent in that the subject minor child is not expected to return to school at the Lamberton Middle School in Carlisle, Pennsylvania. 12. The above information is based on direct statements of the child and/or Defendant/Mother to Plaintiff/Father. 13. This emergency petition is based upon Father's fear that child's mother will secretly leave the area with the child, and Father would never see the child again for reasons including the following: a. Mother has sold her home at 513 South Pitt Street, Carlisle, Pennsylvania, prior to losing this property in a foreclosure action. b. Mother has sold most of her and Samantha's personal belongings. c. Mother does not currently have a permanent residence. d. Mother has not made any living arrangements in New York City. e. Mother does not have employment in New York City. WHEREFORE, Petitioner requests This Honorable Court to direct the issuance of a Writ of Ne Exeat, directing the defendant to remain with the parties' child, in this jurisdiction. Date: UZI I S IC)Lp Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. HaggertyE q i I.D. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR WRIT OF NE EXEAT are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unworn falsifications to authorities. DATE: 5 p y ope CERTIFICATE OF SERVICE AND NOW, this IS4-day of LkUj" 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Writ of Ne Exeat upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakis, L.L.P. Kara W. Haggerty{ s uire Attorney ID No. 8 4 \ 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 9 i RECEIVED FEB 15 2006 0 JEFFREY SWOPE Plaintiff Vs. LAURA SWOPE Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT day of , 2006, upon consideration of the attached Petition filed on behalf of Petitioner, the Prothonotary is directed to issue a Writ of Ne Exeat. It is further ORDERED and DECREED that Laura Swope is directed to remain in the jurisdiction of this Court, along with the minor child, until a final custody order is entered in this matter. BY THE COURT: J• Distribution: Kara W. Haggerty, Esquire Laura Swope, 347 Old Stonehouse Road, Boiling Springs, PA 17007 JEFFREY SWOPE Plaintiff VS. LAURA SWOPE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM Defendant CIVIL ACTION-LAW 0 IN CUSTODY c ° rA,, 4.? PETITION FOR WRIT OF NE EXEAT YtC: W C3 h AND NOW, this 15THday of February, 2006, comes the petitio"f Jef#re Swope, by and through his attorney, Kara W. Haggerty, Esquire of Abom &? '< Kutulakis, L.L.P., and respectfully represents: The Plaintiff is Jeffrey Swope residing at 16836 Drifted Lane, Spring Run, Franklin County, Pennsylvania 17262. 2. The Defendant is Laura Swope who is believed to be residing at 347 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The subject minor child is Samantha Swope, born January 6, 1994, who is believed to be residing with her mother at the above-referenced address. 4. This action has been brought under the prior divorce and custody action pursuant to Title 23, and is being filed contemporaneously with a Motion to Modify Custody. 5. Defendant/Mother has refused to allow Father to see the child since December 2004. 6. Defendant/Mother has advised Plaintiff/Father on numerous occasions that she will only allow Petitioner to see his daughter at her discretion. 7. The subject minor child has told numerous individuals, including but not limited to her father, that Mother intends to move to New York City and take the child with her. 8. Mother has not consulted with or obtained permission from Father to move to New York City with the minor child. 9. The subject minor child has advised her Father that she desires to remain in Pennsylvania where she has been raised. 10. It is believed and therefore averred that Mother intends to move to New York City following her custody court appearance in Cumberland County on February 16, 2006, regarding another daughter. 11. It is believed and therefore averred that Mother's move to New York City, or another location outside of Pennsylvania, is imminent in that the subject minor child is not expected to return to school at the Lamberton Middle School in Carlisle, Pennsylvania. 12. The above information is based on direct statements of the child and/or Defendant/Mother to Plaintiff/Father. 13. This emergency petition is based upon Father's fear that child's mother will secretly leave the area with the child, and Father would never see the child again for reasons including the following: a. Mother has sold her home at 513 South Pitt Street, Carlisle, Pennsylvania, prior to losing this property in a foreclosure action. b. Mother has sold most of her and Samantha's personal belongings. c. Mother does not currently have a permanent residence. d. Mother has not made any living arrangements in New York City. e. Mother does not have employment in New York City. WHEREFORE, Petitioner requests This Honorable Court to direct the issuance of a Writ of Ne Exeat, directing the defendant to remain with the parties' child, in this jurisdiction. Date: UZI I S IC)b Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty'E q I.D. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR WRIT OF NE EXEAT are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unworn falsifications to authorities. DATE: 0 m y ope CERTIFICATE OF SERVICE AND NOW, this ]- 44 day of C- t 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LIT, hereby certify that I did serve a true and correct copy of the foregoing Petition for Writ of Ne Exeat upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakis, L.L.P. Kara W. Haggerty s u: Attorney ID No. 6? 4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 9 n a om ?' O m y r7 ?za a? z 5 ? O ?] w ?-j x ?4 n C"l C) ~ CD w CD rn tTl V D / r 'CS rl? ?o o ° N N bA O. O ' bA p Cd d- 0 M .-1 O o d ? 0 ? z z x F a w a e/? ? a M U '• MAR 1 7 2006 JEFFREY SWOPE Plaintiff Vs. LAURA SWOPE Defendant IN THE COURT OF COW CUMBERLAND COUNTY, NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE To judges of said Court: And now this 17"' day of March, comes Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP and respectfully moves this Honorable Court to Make Rule Absolute; On February 15, 2006, the Honorable M. L. Ebert issued a RULE TO SHOW CAUSE upon Defendant why the above Plaintiff should not be entitled to the relief requested; 2. Said Rule to Show Cause was answerable within twenty (20) days. 3. More than twenty (20) days have elapsed since the issuance of the Rule To Show Cause. WHEREFORE, the Plaintiff respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Plaintiff's requests. Further, it is requested that the Hearing on the above captioned matter scheduled for March 20, 2006 at 3:00 p.m. be cancelled upon the issuance of an Order. Aborn & Kutulakis, LLP Date: March 17, 2006 as6?- n, K w N Kara W. Hagger squire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 17th day of March, 2005. Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Kara W. Hagge , e p <E-' 'Yl C-1 Ln 441 l JEFFREY SWOPE Plaintiff VS. LAURA SWOPE Defendant C F7 MAft ^ IUun IN THE COURT OF COMMO - CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE To judges of said Court: And now this 17' day of March, comes Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP and respectfully moves this Honorable Court to Make Rule Absolute; On February 15, 2006, the Honorable M. L. Ebert issued a RULE TO SHOW CAUSE upon Defendant why the above Plaintiff should not be entitled to the relief requested; 2. Said Rule to Show Cause was answerable within twenty (20) days. 3. More than twenty (20) days have elapsed since the issuance of the Rule To Show Cause. WHEREFORE, the Plaintiff respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Plaintiff's requests. Further, it is requested that the Hearing on the above captioned matter scheduled for March 20, 2006 at 3:00 p.m. be cancelled upon the issuance of an Order. Abom & Kutulalds, LLP Date: Match 17, 2006 ` w N Kara W. Haggex , squire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 (? N O 5z -n I JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 17th day of March, 2005. Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 A=&- 1[vjwt Kara W. Hagge e RECEIVED MAR 1 7 2006 JEFFREY SWOPE IN THE COURT OF COMMO 10YEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE To judges of said Court: And now this 17" day of March, comes Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP and respectfully moves this Honorable Court to Make Rule Absolute; On February 15, 2006, the Honorable M. L. Ebert issued a RULE TO SHOW CAUSE upon Defendant why the above Plaintiff should not be entitled to the relief requested; 2. Said Rule to Show Cause was answerable within twenty (20) days. 3. More than twenty (20) days have elapsed since the issuance of the Rule To Show Cause. WHEREFORE, the Plaintiff respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Plaintiff's requests. Further, it is requested that the Hearing on the above captioned matter scheduled for March 20, 2006 at 3:00 p.m. be cancelled upon the issuance of an Order. Abom & Kutulalds, LLP ? ` Date: March 17, 2006 AQ?? i n w N Kara W. Hagger squire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 N G cn --j '= Z7 ' o <C (71 :Ls a _ CJ Cn C7@ 'K JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 17th day of March, 2005. Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Kara W. Hagge e JEFFREY SWOPE Plaintiff VS. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE To judges of said Court: And now this 17s' day of March, comes Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LL P and respectfully moves this Honorable Court to Make Rule Absolute; 1. On February 15, 2006, the Honorable M. L. Ebert issued a RULE TO SHOW CAUSE upon Defendant why the above Plaintiff should not be entitled to the relief requested; 2. Said Rule to Show Cause was answerable within twenty (20) days. 3. More than twenty (20) days have elapsed since the issuance of the Rule To Show Cause. WHEREFORE, the Plaintiff respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Plaintiffs requests. Further, it is requested that the Hearing on the above captioned matter scheduled for March 20, 2006 at 3:00 p.m. be cancelled upon the issuance of an Order. Abom & Kutulalds, LLP a Date: March 17, 2006 ?j L Kara W. Haggerty, squire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 rv :zr -n ?f•i l ? JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 17th day of March, 2005. Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Kara W. Hagge , e JEFFREY SWOPE IN THE COURT OF CO BY: MMO Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE To judges of said Court: And now this 17"' day of March, comes Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP and respectfully moves this Honorable Court to Make Rule Absolute; 1. On February 15, 2006, the Honorable M. L. Ebert issued a RULE TO SHOW CAUSE upon Defendant why the above Plaintiff should not be entitled to the relief requested; 2. Said Rule to Show Cause was answerable within twenty (20) days. 3. More than twenty (20) days have elapsed since the issuance of the Rule To Show Cause. WHEREFORE, the Plaintiff respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Plaintiff's requests. Further, it is requested that the Hearing on the above captioned matter scheduled for Match 20, 2006 at 3:00 p.m. be cancelled upon the issuance of an Order. Abom & Kutulakis, LLP Date: March 17, 2006 a j! i a ?? ti V W t1 Kara W. Hagget , squire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 RECEIVED MAR 1 ? 2006 c r_ ? O 'V G73 1 .c, r m -o -tLJ _ r Cl7 -< JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 17th day of March, 2005. Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Kara W. Hagge e r JEFFREY SWOPE Plaintiff VS. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE To judges of said Court: And now this 17" day of March, comes Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP and respectfully moves this Honorable Court to Make Rule Absolute; 1. On February 15, 2006, the Honorable M. L. Ebert issued a RULE TO SHOW CAUSE upon Defendant why the above Plaintiff should not be entitled to the relief requested; 2. Said Rule to Show Cause was answerable within twenty (20) days. 3. More than twenty (20) days have elapsed since the issuance of the Rule To Show Cause. WHEREFORE, the Plaintiff respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Plaintiff's requests. Further, it is requested that the Hearing on the above captioned matter scheduled for Match 20, 2006 at 3:00 p.m. be cancelled upon the issuance of an Order. Abom & Kutukdds, LLP Date: March 17, 2006 f ; K w h Kara W. Haggerty-,squire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 c z, 4X a, M ni P -4 Z .c- r-n JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 17th day of March, 2005. Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 \ O ,rt, IC??r-t Kara W. Hagge e JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA SWOPE DEFENDANT 00-5793 CIVIL - CUSTODY ORDER OF COURT AND NOW, this 15th day of February, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; (2) The defendant shall file an answer to the petition within 20 days of service upon the defendant; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) An evidentiary hearing on disputed issues of material fact shall be held on the 20th day of March, 2006, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. IT IS FURTHER ORDERED AND DIRECTED THAT UNTIL FURTHER ORDER OF COURT THE MINOR CHILD SAMANTHA SWOPE, BORN JANUARY 6, 1994, SHALL NOT BE REMOVED FROM THE JURISDICTION OF THIS COURT. By the Court, 9 Kara Haggerty, Esquire -- cof? glv)EA ?tN -? UA M. L. Ebert, Jr., J Laura Swope, 347 Old Stonehouse Road, Boiling Springs, PA 17007 Ce fy mat bas t,i-},ar ? Oi.}... Cs -,? >!a? ,'J ?!.'ik.i'.r.„, ?y ?,?..rv ?.,1,? ?.??;?.at; ?^i,v , , t .. RECEIVED FEB 15 2006 C) JEFFREY SWOPE Plaintiff vs. LAURA SWOPE Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT day of February, 2006, upon consideration of the attached Petition for Special Relief, it is ORDERED and DECREED that the Petitioner shall immediately take primary physical and legal custody of the subject minor child. Mother shall exercise partial physical custody at such times as agreed upon by the parties. IN THE ALTERNATIVE, it is Ordered and Decreed that the parties and their respective counsel appear before This Honorable Court, on the day of , 2006, at m., for a Hearing on said Petition. BY THE COURT, J Kara W. Haggerty, Esquire Laura Swope, 347 Old Stonehouse Road, Boiling Springs, PA 17007 JEFFREY SWOPE Plaintiff vs. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 15`h day of February, 2006, comes the Petitioner, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire, of ABom & KUTuiAKIS, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The petition of Jeffrey Swope, Plaintiff, respectfully represents that on September 26, 2000, an agreement was entered for partial custody (a true and correct copy of which is attached). 2. Contemporaneously with this Petition, Father is filing a Motion to Modify Custody requesting This Honorable Court to grant him primary physical custody of his daughter. 3. Mother/Defendant has refused to allow Father to see his daughter since December 2004. 2 r. 4. Father has requested to see his daughter since December 2004, and Mother has refused. 5. Father has inquired whether the police would intervene and assist him in gaining custody of his daughter pursuant to the custody agreement. 6. Father has maintained telephone contact with his daughter; however, said contact has had to be without knowledge or permission from Mother. 7. Sometime in the beginning of February 2006, Mother sold her home in order to avoid losing it in a foreclosure action, and does not have a permanent residence. 8. Mother has sold most of her and the minor child's personal belongings. 9. It is believed and therefore averred that Mother may be exhibiting signs of mental instability and/or depression. 10. It is believed and therefore averred that Mother has sent the child to school without breakfast. 11. It is believed and therefore averred that Mother has sent the child to school without lunch and without money to purchase lunch. 12. It is believed and therefore averred that Mother has not had adequate food in the house for the child to make breakfast and/or lunch for herself. 13. It is believed and therefore averred that Mother has not had consistent and stable employment for a significant period of time. 3 14. It is believed and therefore averred that Mother has earned money by taking in male boarders at her home. 15. It is believed and therefore averred that the minor child's performance at school has suffered in Mother's care. 16. It is believed and therefore averred that Mother intends to relocate to New York City with the minor child, and does not have the means or ability to support herself or the child. 17. It is believed and therefore averred that Mother intends to relocate with the minor child without securing employment or a place to live in advance of the move. 18. Mother has not advised Father or obtained Father's permission to leave the Commonwealth of Pennsylvania with the minor child. 19. Mother/Defendant does not communicate with Father/Plaintiff regarding daughter's health, health care, activities, and development. 20. Mother/Defendant limits communication between daughter and Father/Plaintiff. 21. It is believed and therefore averred that Mother may punish the child for informing Father of her intention to relocate outside of the Commonwealth of Pennsylvania with the child. 4 22. It is believed and therefore averred that it is in the child's best interests to be in Father's primary custody to prevent or limit any negative impact of these actions on the child. 23. It is believed and therefore averred that it is in the child's best interests to be in Father's primary custody in order to immediately be enrolled in school in the Fannett Middle School so as to not disrupt the child's education and performance in school. 24. It is believed and therefore averred that it is in the child's best interests to be in Father's primary custody because Father is able to provide a stable home environment, to include an adequate food supply and more than adequate living space. 25. It is believed and therefore averred that it is in the child's best interests to be in Father's primary custody because Father will ensure that his daughter maintains a close relationship to both her paternal and maternal relatives that are all located in the Cumberland and Franklin County areas. 5 WHEREFORE, Petitioner prays that This Honorable Court grant his Petition for Special Relief and award him primary physical custody and legal custody of the minor child. DATE Z P Respectfully submitted, ABOM& KUTULAJUS, L.L.P. Kara W. Haggerty, s e Attorney ID No. 8 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 6 JEFFREY SWOPE Plaintiff VS. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR SPECIAL RELIEF are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. DATE: 2- otp of ope IN THE COURT OF COMMON PLEAS LAURA A. SWOPE AND NOW, FEBRUARY 7 PLAINTFF VERSUS JEFFREY C. SWOPE OF CUMBERLAND COUNTY STATE OF PENNA. Defendant No. 00-5793 CIVIL TERM DECREE IN DIVORCE 3:10 PM 2001 , IT IS ORDERED AND DECREED THAT LAURA A. SWOPE AND JEFFREY C. SWOPE ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; SEPARATION AGREEMENT DATED SEPTEMBER 262000 IS INCORRPORATED BUT NOT MERGED. BY THE COURT: Edward E. Guido ATTEST: Curtis R. Long J. j G PROTH T RY Certified C6 Issued: AUGUST 18, 05 SEPARATION AGREEMENT This Agreement, made and entered into this day of , 2000, between Laura A. Swope, of Carlisle, Pennsylvania, hereinafter referred to as "Wife", and Jeffrey C. Swope, of Willow Hill, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 10, 1993 in Cumberland County, Pennsylvania; WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Samantha P. Swope WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting the custody and support of the child, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente Iite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties agree that the Wife shall have primary physical and legal custody of the child, Samantha P. Swope and that the Husband shall have visitation with the child every other weekend from 5:00pm Friday evening until 7:00pm Sunday night. 5. Support. a. Child Support. The parties agree that the Husband shall be responsible for child support in the amount of $50.00 per week. b. Medical Care for the Children. The parties agree that the child shall be carried upon the employer sponsored medical insurance programs provided to Wife. Husband agrees to pay one half of any yearly deductible under said plan as well as one half of any yearly fee assessed to Wife for the operation of the plan. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. 6. Distribution of Marital Assets. The Parties agree that all marital assets have been divided and distributed between them in a manner that is mutually satisfactory and will make no future claim to any assets, real, personal, or other, currently in the possession of the other Party. 7. Debts. The Parties agree that no debt of the marriage remains to be assumed by either the Husband or the Wife that has not been previously agreed upon. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 11. Counsel Fees and Court Costs. Each party agrees to pay their oven attorney fees and cost incurred in the preparation of this document as well as the preparation and filing of the divorce action captioned at 00-5793 Civil Term. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Swope v. Swope, 00-5793 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 13. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall ' S have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Laura A. Swope c'-I'Ive CERTIFICATE OF SERVICE AND NOW, this 1,54'-day of 006, I, Kara W. Haggerty, T Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following. Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakis, L.L.P. Kara W. Hagge s uire Attorney ID No. 4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 7 r° 0 Rtl 1 -tr n o q rs? -n cn ? I-T ?:? c`? rn Ca --( C-n JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA SWOPE DEFENDANT 00-5793 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 21, 2006 , 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 Friday, March 24, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X• Giko 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 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 20Q€ FEB 21 S -41 1Dh? C) 9002 f f 8 JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2006 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. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. BY THE COURT, 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 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, 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. JEFFREY SWOPE Plaintiff vs. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, the Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire, avers the following: 1. The petition of Jeffrey Swope, Plaintiff, respectfully represents that on September 26, 2000, an agreement was entered for partial custody (a true and correct copy of which is attached). 2. This custody agreement should be modified because: a. Mother/Defendant has refused to allow Father to see his daughter since December 2004. b. Father has requested to see his daughter since December 2004, and Mother has refused. c. Father has inquired whether the police would intervene and assist him in gaining custody of his daughter pursuant to the custody agreement. d. Father has maintained telephone contact with his daughter; however, said contact has had to be without knowledge or permission from Mother. e. Sometime in the beginning of February 2006, Mother sold her home in order to avoid losing it in a foreclosure action, and does not have a permanent residence. f. Mother has sold most of her and the minor child's personal belongings. g. It is believed and therefore averred that Mother may be exhibiting signs of mental instability and/or depression. h. It is believed and therefore averred that Mother has sent the child to school without breakfast. i. It is believed and therefore averred that Mother has sent the child to school without lunch and without money to purchase lunch. j. It is believed and therefore averred that Mother has not had adequate food in the house for the child to make breakfast and/or lunch for herself. k. It is believed and therefore averred that Mother has not had consistent and stable employment for a significant period of time. 1. It is believed and therefore averred that Mother has earned money by taking in male boarders at her home. m. It is believed and therefore averred that the minor child's performance at school has suffered in Mother's care. 2 n. It is believed and therefore averred that Mother intends to relocate to New York City with the minor child, and does not have the means or ability to support herself or the child. o. It is believed and therefore averred that Mother intends to relocate with the minor child without securing employment or a place to live in advance of the move. p. Mother has not advised Father or obtained Father's permission to leave the Commonwealth of Pennsylvania with the minor child. q. Mother/Defendant does not communicate with Father/Plaintiff regarding daughter's health, health care, activities, and development. r. Mother/Defendant limits communication between daughter and Father/Plaintiff. WHEREFORE, Father/Plaintiff requests that the Court modify the existing order for partial custody and grant Father/Plaintiff primary custody of his daughter, Samantha, because it will be in the best interest of the child. Respectfully submitted, DATE Z1151062- ABom&/KUTU s, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 3 JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing MOTION TO MODIFY CUSTODY are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. DATE: Z akz? K e ope IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 04 STATE OF PENNA. LAURA A. SWOPE PLAINTFF VERSUS JEFFREY C. SWOPE Defendant No. 00-5793 CIVIL TERM DECREE IN DIVORCE 3:10 PM AND NOW, FEBRUARY7 2001 IT IS ORDERED AND DECREED THAT LAURA A. SWOPE AND JEFFREY C. SWOPE ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; SEPARATION AGREEMENT DATED SEPTEMBER 26, 2000 IS INCORRPORATED BUT NOT MERGED. BY THE COURT: Edward E. Guido ATTEST: Curds R. Long J, `.' """???? i ?? PROTH TlRY Certified C Issued: AUGUST 18, 05 SEPARATION AGREEMENT This Agreement, made and entered into this day of 2000, between Laura A. Swope, of Carlisle, Pennsylvania, hereinafter referred to as "Wife", and Jeffrey C. Swope, of Willow Hill, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 10, 1993 in Cumberland County, Pennsylvania; WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Samantha P. Swope WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting the custody and support of the child, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties agree that the Wife shall have primary physical and legal custody of the child, Samantha P. Swope and that the Husband shall have visitation with the child every other weekend from 5:00pm Friday evening until 7:00pm Sunday night. 5. Support. a. Child Support. The parties agree that the Husband shall be responsible for child support in the amount of $50.00 per week. b. Medical Care for the Children. The parties agree that the child shall be carried upon the employer sponsored medical insurance programs provided to Wife. Husband agrees to pay one half of any yearly deductible under said plan as well as one half of any yearly fee assessed to Wife for the operation of the plan. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. 6. Distribution of Marital Assets. The Parties agree that all marital assets have been divided and distributed between them in a manner that is mutually satisfactory and will make no future claim to any assets, real, personal, or other, currently in the possession of the other Party. 7. Debts. The Parties agree that no debt of the marriage remains to be assumed by either the Husband or the Wife that has not been previously agreed upon. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 11. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document as well as the preparation and filing of the divorce action captioned at 00-5793 Civil Term. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Swope v. Swope, 00-5793 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 13. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. She parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Laura A. Swope Swope 215 f iffy C/ - I n nra Ir ne . CERTIFICATE OF SERVICE AND NOW, this (,5 day of , I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LI.P, hereby c that I did serve a true and correct copy of the foregoing Petition to Modify Custody Order upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakis, L.L.P. Kara W. Haggerty uire Attorney ID No. W4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 9 n N 1 J ? rr , - r r- NIP, \Nk -4-S - 7 uO ?1J pp \ l? JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA SWOPE DEFENDANT 00-5793 CIVIL -CUSTODY ORDER OF COURT AND NOW, this 17th day of March, 2006, upon consideration of the Plaintiff's Motion for Special Relief, the defendant having failed to answer the Court's Rule to Show Cause dated February 15, 2006, and the Court noting that a Pre-Hearing Custody Conference is scheduled for Friday, March 24, 2006, IT IS HEREBY ORDERED AND DIRECTED that Jeffrey Swope is to have primary physical custody and legal custody of the minor child Samantha P. Swope pending further order of court. IT IS FURTHER ORDERED AND DIRECTED that the hearing previously set for March 20, 2006 at 3:00 p.m. is cancelled. By the Court, M. L. Ebert, Jr., J. Kara Haggerty, Esquire - (pr c c.cSc?J?LL?/ 9i/ ) Laura Swope, 347 Old Stonehouse (Road, Boiling Springs, PA 17007 - ?GI?y V3't?;? cl? bas &/12 /0 E"m`"'nm5if"` Y34eE-'NCtlssu66..,.tiiehahSnk^[tam"+?M$m1'SF?k' ••..°. ?':•?_,._ .._..__,? V,r V/01ASNN':!d 4 ? C c2 Wd L I NVW HE A8Vi +' 1-UOdd ?: do ?ZI JEFFREY SWOPE, Plaintiff VS. LAURA SWOPE, Defendant (BAR 2 ? 2006 IN THE COURT OF COMMO °--CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5793 : IN CUSTODY COURT ORDER CIVIL ACTION - LAW AND NOW, this J/-'f- day of March, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearin is cheduled in Courtroom No. 5 of the Cumberland County Courthouse on the day of 0? , 2006 at 'R ' a C . A : m. At this hearing, the Father shall the moving party and shall proceed initially 2. Pending further Order of this Court, this Court's prior Order of March 17, 2006 is vacated and replaced with the following temporary Order: A. The Father, Jeffrey Swope, and the Mother, Laura Swope, shall enjoy shared legal custody of Samantha P. Swope, born January 6, 1994. B. The Father shall continue to have primary physical custody of the minor child and the minor child may attend school in the Father's school district. C. The Mother shall enjoy custody with the minor child three out of four weekends from Friday at 5:00 p.m. when Mother will pick up the child at Father's home until Sunday evening at 7:00 p.m. when Father will pick up the child at Mother's home. The exception is the weekend starting March 24th when Mother may take the child to Tennessee and will deliver the child back to the Father's home by 11:00 p.m. on Sunday evening. BY THE COURT, ,\Wq\- . ?4 M. L. Ebert, Jr., Judge Cc: Kara W. Haggerty, Esquire Ms. Laura Swope fileii-atSeasiSiveila s rior tothe-mentioned_hearigdate'?-' JEFFREY SWOPE, Plaintiff VS. LAURA SWOPE, Defendant RECEIVED MAR 2 P 2006 : IN THE COURT OF COMMO : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5793 CIVIL ACTION - LAW IN CUSTODY COURT ORDER AND NOW this 3 P day of March, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the day of `m 2006 at 9' o o . 14 . m. At this hearing, the Father shall the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they proceed without counsel, shall file with this Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of March 17, 2006 is vacated and replaced with the following temporary Order: o? A. The Father, Jeffrey Swope, and the Mother, Laura Swope, shall enjoy shared legal custody of Samantha P. Swope, born January 6,1994. B. The Father shall continue to have primary physical custody of the minor child and the minor child may attend school in the Father's school district. C. The Mother shall enjoy custody with the minor child three out of four weekends from Friday at 5:00 p.m. when Mother will pick up the child at Father's home until Sunday evening at 7:00 p.m. when Father will pick up the child at Mother's home. The exception is the weekend starting March 20 when Mother may take the child to Tennessee and will deliver the child back to the Father's home by 11:00 p.m. on Sunday evening. BY THE COURT, ,N\\ -? ?," M. L. Ebert, Jr., Judge Cc: Kara W. Haggerty, Esquire Ms. Laura Swope 'c W1,111 rT, I 9 0 :Z (43 I C ??fW 9007 n?HiJ vJ i C; .a 3 HI Jo JEFFREY SWOPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-5793 CIVIL ACTION - LAW LAURA SWOPE, IN CUSTODY Defendant Prior Judge: The Honorable M. L. Ebert, Jr. 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 child who is the subject of this litigation is as follows: Samantha P. Swope, born January 6,1994 2. A Conciliation Conference was held on March 24, 2006 with the following individuals in attendance: The Mother, Laura Swope, who appeared without counsel The Father, Jeffrey Swope, with his counsel, Kara W. Haggerty, Esquire 3. The Mother previously had custody of the minor child and the Father had not seen the child since December of 2004. Father suggested that Mother was an impediment to him seeing the child, but the Conciliator noted that the Father had many legal avenues to compel visitation if he really wanted visitation during that time frame. 4. The Father got some information that the Mother may be relocating out of state. He filed a custody petition and asked for emergency relief for which a hearing was scheduled on March 20. Apparently in light of the Mother's failure to file some written response to a Rule to Show Cause that was issued, the Court issued an Order on March 17, 2006 giving custody of the child to the Father. 5. The Mother appeared at the custody conciliation conference suggesting that she was planning on appearing at the March 20, 2006 hearing to state her position and that she did not know she had to file anything in response to the Rule to Show Cause. She indicated that she did not have legal counsel. 6. The Father suggests that the child is completely happy with him now and likes the school district she is in. Father lives in the lower end of Franklin County. Previously, the child attended school in the Carlisle Area School District over the last number of years. t 7. The Conciliator has some concerns as to how the child would be so happy living with the Father now since the Father had gone almost one year without seeing the child. However, it also appears that the Mother's situation is a bit unstable because she did indicate at the conciliation conference a plan to relocate out of state, but she does not know which direction she is going either north or south to a different state. 8. A hearing needs to be scheduled, and it should take no more than one day to conclude the testimony in this case. 9. The Mother is apparently living in South Middleton Township. In light of the Court's Order of March 17, 2006, the Conciliator is not inclined to recommend against the status quo relative to primary custody, but the Mother should have some type of meaningful visitation with the child pending a hearing. The Conciliator recommends an Order in the form as attached. Date: March .-) 2006 Hubert X. Esquire Custody nciliator MAY ` 5 2006 MAY 0 5 2006 JEFFREY SWOPE Plaintiff V. LAURA SWOPE Defendant IN T COURT OFCO VIlyION PL CUMBERLAND COUNTY, PENN NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY TO THE HONORABLE JUDGE M.L. EBERT. PLAINTIFF'S PRETRIAL MEMORANDUM 1. Factual Background The parties to this action are the father, Jeffrey Swope, hereinafter referred to as "Father" and the mother, Laura Swope, hereinafter referred to as "Mother." The child in question is Samantha Swope, born January 6, 1994. There was an agreement that the parties had originally entered into regarding the custody of Samantha. In December of 2004, Mother refused to allow Father to have his times of visitation with Samantha. During that time, Father inquired whether the police would intervene and assist him in gaining custody of his daughter pursuant to the custody agreement. During the time, Father maintained telephone contact with Samantha; however, said contact has had to be without knowledge or permission from Mother. In February of 2006, Mother sold her home in order to avoid losing it in a foreclosure action. It is believed that Mother has also sold most of her and Samantha's personal belongings. Mother at that time was planning to remove Samantha from Pennsylvania and move with her up to New York. At that time, Mother did not have a job lined up nor had she secured a place of residence for herself and Samantha. At that time, Father petitioned This Honorable Court to stop Mother from leaving Pennsylvania. This Honorable Court ordered Mother not to remove the child from this state. Mother then voluntarily gave physical custody of Samantha to Father. Since February of 2006, Father has had primary physical custody of Samantha. Samantha has flourished in this stable environment. Father and Mother have temporarily agreed to Mother having the ability to have physical custody of Samantha for three weekends in a month. Father does not believe that this arrangement is in Samantha's best interest, because Mother is unstable.' Also, Mother continues to make inappropriate choices and decisions while enjoying physical custody of Samantha. On one such weekend, Father allowed Mother to take Samantha to Tennessee for the weekend to see a NASCAR race, as this was a trip that Mother had planned in advance for her and Samantha. Mother was to return Samantha to Father's house around 11 p.m. Sunday evening of that weekend. However, Mother did not return Samantha to Father's home until approximately 2 a.m. on Monday morning. Needless to say, Father decided to keep Samantha home from school so she could get some rest. Samantha also informed Father that Mother did not rent them a hotel room when they were in Tennessee. Samantha reported that they slept in the car for the whole weekend and that there was no appropriate bathroom or shower facility. Father was not pleased with Mother's inappropriate choices and behavior. Father wants to ensure the safety and security of his child. Mother still has not made any definitive plans for a job or living arrangements. Mother has still not decided whether or not she is going to stay in this area or try to move. Mother appears to have severe emotional or psychological issues. On May 5, 2006, Mother lost custody of her other daughter after a hearing before the Honorable Judge Hess. Furthermore, Mother was ordered to undergo a psychiatric evaluation by the Honorable Judge Hess based upon her demeanor in the courtroom during the hearing. Samantha gets along well with Father's fiancee and her children, who live with Father and Samantha. They have a very happy family together. There is a routine to their lifestyle and Samantha is enjoying living with them and attending her new school. Samantha has adapted well and made friends very quickly. Father is able to provide the stable and loving home that is in Samantha's best interest. IL NAME AND AGE OF THE CHILD The child in question is Samantha Swope, born January 6, 1994. III. ISSUES FOR RESOLUTION: Whether it is in the subject minor children's best interest for the Father/Plaintiff, Jeffery Swope, to have primary physical custody of the subject minor children? Suggested Answer: In the affirmative. IV. NAMES OF FACT WITNESSES AND ANTICIPATED TESTIMONY: ?A. Jeffery Swope - Father/Plaintiff B. Laura Swope - Mother/Defendant, as on cross examination C. Samantha Swope-Subject Minor Child ?D. Tony Stroud - father to Robbie, Sam's older sister ?E. Teresa Breakall - Jeff Swope's fiancee F. Sheena Swope (age 21)-Samantha's half-sister G. Marissa Swope (age 19)- Samantha's half-sister H. Jeffrey Swope (age 17) - Samantha's half-brother ?I. „George Bradley - friend of the family J. Father/Plaintiff reserves the right to call rebuttal witnesses, if necessary. K. Father/Plaintiff reserves the right to supplement this request. V. NAMES OF EXPERT WITNESSES AND ANTICIPATED TESTIMONY: Father/Plaintiff reserves the right to supplement this request. VI. ESTIMATED LENGTH OF TRIAL: One half day to a full day for Father/Plaintiff's case. VII. REPORTS FROM APPROPRIATE AGENCIES: None at this time. Father/Plaintiff reserves the right to supplement this request. VIII. REPORTS OF EXPERTS INTENDED TO BE CALLED AS WITNESSES: None at this time. Father/Plaintiff reserves the right to present any reports from any experts intended to be called, if necessary. Respectfully submitted, ABOM & KUTULAKM, L.L.P. Kara W. Haggerty, squire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID 486914 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 5`h day of May, 2006, I, Kara W. Haggerty, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Pre-Trial Memorandum upon all parties of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, ABOM & KUTULAKIS, L.L.P DATE Kara W. Haggerty, Esquire JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA SWOPE DEFENDANT 00-5793 CIVIL -CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 91h day of May, 2006, after hearing in the above captioned matter, and the Defendant, Laura Swope, having indicated that she is willing to participate in a psychiatric evaluation, IT IS HEREBY ORDERED AND DIRECTED that Dr. John M. Hume, M.D., J.D., is hereby appointed to conduct a psychiatric evaluation of Laura Swope in order to determine whether or not she suffers from any disorder which would negatively impact her ability to exercise her parental responsibilities. IT IS FURTHER ORDERED AND DIRECTED that the Defendant, Laura Swope, appear for the evaluation in the Jury Deliberation Room of Courtroom No. 5 on the 4th Floor of the Cumberland County Courthouse at 12:45 p.m. on Friday, May 12, 2006. By the Court, ara Haggerty, Esquire-- Attorney for Plaintiff Laura Swope, Defendant u,3A I - M. L. Ebert, Jr., J. 0 Dr. John M. Hume, M.D., J.D. Court Administrator bas as , p -w-L- 1?? 54 V1NiV/ 1;'tip;q i\sm hit .Z lid 6C}- Av gooz O AdVION-UPJ,.i'V??G7yL-?y-?31i U J0 JEFFREY SWOPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V 00-5793 CIVIL TERM LAURA SWOPE, : CIVIL ACTION - CUSTODY Defendant IN RE: CUSTODY ORDER OF COURT 1* AND NOW, this 9th day of May, 2006, following hearing in the above-captioned matter, it is hereby ORDERED AND DIRECTED that full legal and physical custody of the child, Samantha P. Swope, born January 6, 1994, is hereby awarded to the plaintiff, Jeffrey Swope, pending further Order of Court. It is ORDERED AND DIRECTED that the defendant undergo a psychiatric evaluation by a psychiatrist appointed by the Court. Upon completion of the psychiatric evaluation,the Court being assured of the mother's mental fitness, the mother shall have daytime custody of the child at least two weekends per month. These weekends will be arranged according to her schedule with at least two weeks prior notice to plaintiff. The psychiatric evaluation shall indicate whether Laura Swope suffers from any disorder that would negatively impact her ability to exercise her parental responsibilities during overnight partial custody of her daughter. By the Court, M. L. Ebert, J , J. .Xra W. Haggerty, Esquire For the Plaintiff ,,,4Lura Swope 19617 Meridian Street Cornelius, NC 28031 :mtf Ob,N f OZ t? Wd I I MI 9001 AklblC'tirLr'r !C d(}}3^{ 3H1 ?O ?tiJ1?Y4 V31?? PW Laura A Swope 19617 Meridian St Cornelius NC. 28037. (704) 241-3928 Dear Judge Hess and Ebert, I am Writing one letter to both of you together about both my Daughters Robie Stroud case #91-1344, and Samantha Swope Case # 005793. Both Daughters want to live with me- I had my psychiatric test ordered by Judge Eberle It was given to me by Dr. Humes the Friday after these hearings. This test was to determine if I was able to kaise my daughters. Well I passed the test and I still have not heard anything from your two offices. You both only gave me 6 hours visitation every other weekend I live in North Carolina North Carolina is seven and a half hours away. I still warm full Custody of both my daughters and if you do not want to give me that I still want winters during the school year and if you do not want to give me that I want the full Summers. I do not agree with what has happened. I raised these girls by myself for there whole lives. They are not happy without me. They can be happy with only visitation of there Dads Archie T Stroud and Jeff C Swope. Both girls do want to Move to North Carolina with me. I have two Jobs and a home. Both jobs are daylight hours. Both fit the schedule of the girls and school. I do not want to have to start another Custody Hearing, It seems to me that this one is still open based on I had the test that everyone wanted me to have and still have not gotten proper visitation of my daughters. I have only seen Robie one day this summer. It was at Myrtle Beach on her fathers vacation. I drove up to see her. I saw Samantha for only one week this summer my sister had to give her a ride to NC to see me. I have spoken to both Dads both refuse to let the girls live with me full or part time. I have been told by Samantha that her dad does not want me to call the house more then once a week. Robie has not been home all summer She stays at her friends houses. She is not being raised by her dad. Sam spends all hers weekends being shipped all over town to different houses. One of which is Sheena Swope who I told the judge does not have Sams best interest at heart. Also Sam has gained at least 30 pounds since your court hearing. My children need to live with me I am the only person who can meet there emotional needs. Also I would like to point out that Judge Hess did not order me to have the psychiatric exam done but Tony's lawyer printed it up on his paper work that was what HE WANTED! I have proof that Robie lives out ofTonys house 75 percent of the time with her friends and Sam gets sent off to everyones house on the weekends. They are not being raised correctly. Both got bad grades this school year while living at there dads. Please consider a follow up to my hearings. All is not well! Both fathers think it is the perfect set up for them. They do not have to pay child support and the neighborhood raises my kids! Signed Laura Swope RECEIVED AU6 2 a X006 'BY:. JEFFREY SWOPE Plaintiff vs. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, the Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire, avers the following: 1. The petition of Jeffrey Swope, Plaintiff, respectfully represents that on September 26, 2000, an agreement was entered for partial custody (a true and correct copy of which is attached). 2. This custody agreement should be modified because: a. Mother/ Defendant has refused to allow Father to see his daughter since December 2004. b. Father has requested to see his daughter since December 2004, and Mother has refused. c. Father has inquired whether the police would intervene and assist him in gaining custody of his daughter pursuant to the custody agreement. d. Father has maintained telephone contact with his daughter; however, said contact has had to be without knowledge or permission from Mother. 1 e. Sometime in the beginning of February 2006, Mother sold her home in order to avoid losing it in a foreclosure action, and does not have a permanent residence. f. Mother has sold most of her and the minor child's personal belongings. g. It is believed and therefore averred that Mother may be exhibiting signs of mental instability and/or depression. h. It is believed and therefore averred that Mother has sent the child to school without breakfast. i. It is believed and therefore averred that Mother has sent the child to school without lunch and without money to purchase lunch. j. It is believed and therefore averred that Mother has not had adequate food in the house for the child to make breakfast and/or lunch for herself. k. It is believed and therefore averred that Mother has not had consistent and stable employment for a significant period of time. 1. It is believed and therefore averred that Mother has earned money by taking in male boarders at her home. m. It is believed and therefore averred that the minor child's performance at school has suffered in Mother's care. 2 n. It is believed and therefore averred that Mother intends to relocate to New York City with the minor child, and does not have the means or ability to support herself or the child. o. It is believed and therefore averred that Mother intends to relocate with the minor child without securing employment or a place to live in advance of the move. p. Mother has not advised Father or obtained Father's permission to leave the Commonwealth of Pennsylvania with the minor child. q. Mother/Defendant does not communicate with Father/Plaintiff regarding daughter's health, health care, activities, and development. r. Mother/Defendant limits communication between daughter and Father/Plaintiff. WHEREFORE, Father/Plaintiff requests that the Court modify the existing order for partial custody and grant Father/Plaintiff primary custody of his daughter, Samantha, because it will be in the best interest of the child. Respectfully submitted, DATE U-, 7 11 -5 lug ABOM & KUTULA f Ts. L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorny forPla,ntzzP' JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing MOTION TO MODIFY CUSTODY are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. 54904, relating to unsworn falsifications to authorities. DATE: Z e ope IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 04 STATE OF PENNA. LAURA A. SWOPE T°_ PLAINTFF VERSUS JEFFREY C. SWOPE Defendant No. 00-5793 CIVIL TERM DECREE IN DIVORCE 3:10 PM AND NOW, FEBRUARY? DECREED THAT LAURA A. SWOPE AND JEFFREY C. SWOPE 2001 _ IT IS ORDERED AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; -SEPARATION AGREEMENT DATED SEPTEMBER 26, 2000 IS INCORRPORATED BUT NOT MERGED. BY THE COURT: Edward E. Guido ATTEST: Curtis R. Long J. °CE u t j PROTHO TlRY Certified Co Issued: AUGUST 18, 05 SEPARATION AGREEMENT This Agreement, made and entered into this day of , 2000, between Laura A. Swope, of Carlisle, Pennsylvania, hereinafter referred to as "Wife", and Jeffrey C. Swope, of Willow Hill, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 10, 1993 in Cumberland County, Pennsylvania, WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Samantha P. Swope WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting the custody and support of the child, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other, WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows. 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sel1, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties agree that the Wife shall have primary physical and legal custody of the child, Samantha P. Swope and that the Husband shall have visitation with the child every other weekend from 5.00pm Friday evening until 7:00pm Sunday night. 5. Support. a. Child Support. The parties agree that the Husband shall be responsible for child support in the amount of $50.00 per week. b. Medical Care for the Children. The parties agree that the child shall be carried upon the employer sponsored medical insurance programs provided to Wife. Husband agrees to pay one half of any yearly deductible under said plan as well as one half of any yearly fee assessed to Wife for the operation of the plan. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. 6. Distribution of Marital Assets. The Parties agree that all marital assets have been divided and distributed between them in a manner that is mutually satisfactory and will make no future claim to any assets, real, personal, or other, currently in the possession of the other Party. 7. Debts. The Parties agree that no debt of the marriage remains to be assumed by either the Husband or the Wife that has not been previously agreed upon. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 11. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document as well as the preparation and filing of the divorce action captioned at 00-5793 Civil Term. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Swope v. Swope, 00-5793 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 13. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Laura A. Swope C, " rF Swope %AnrniGCc CERTIFICATE OF SERVICE AND NOW, this 15? day of C(? , I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LIT, hereby c that I did serve a true and correct copy of the foregoing Petition to Modify Custody Order upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakis, L.L.P. k? z?cc? Ff< ? Kara W. Haggerty(, ?scjuire Attorney ID No. 8 4 (J 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 9 -..} ,^ ~Sl ?. ?j p .,,?V ?y -' ,?? ?. ? `? `? R. ? N _ U (' ? W ?. ?_*,.? JEFFREY SWOPE Plaintiff vs. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL. TERM CIVIL ACTION-LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 15'h day of February, 2006, comes the Petitioner, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & Kurut, ms, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The petition of Jeffrey Swope, Plaintiff, respectfully represents that on September 26, 2000, an agreement was entered for partial custody (a true and correct copy of which is attached). 2. Contemporaneously with this Petition, Father is filing a Motion to Modify Custody requesting This Honorable Court to grant him primary physical custody of his daughter. 3. Mother/ Defendant has refused to allow Father to see his daughter since December 2004. 2 4. Father has requested to see his daughter since December 2004, and Mother has refused. 5. Father has inquired whether the police would intervene and assist him in gaining custody of his daughter pursuant to the custody agreement. 6. Father has maintained telephone contact with his daughter; however, said contact has had to be without knowledge or permission from Mother. 7. Sometime in the beginning of February 2006, Mother sold her home in order to avoid losing it in a foreclosure action, and does not have a permanent residence. 8. Mother has sold most of her and the minor child's personal belongings. 9. It is believed and therefore averred that Mother may be exhibiting signs of mental instability and/or depression. 10. It is believed and therefore averred that Mother has sent the child to school without breakfast. 11. It is believed and therefore averred that Mother has sent the child to school without lunch and without money to purchase lunch. 12. It is believed and therefore averred that Mother has not had adequate food in the house for the child to make breakfast and/or lunch for herself. 13. It is believed and therefore averred that Mother has not had consistent and stable employment for a significant period of time. 3 14. It is believed and therefore averred that Mother has earned money by taking in male boarders at her home. 15. It is believed and therefore averred that the minor child's performance at school has suffered in Mother's care. 16. It is believed and therefore averred that Mother intends to relocate to New York City with the minor child, and does not have the means or ability to support herself or the child. 17. It is believed and therefore averred that Mother intends to relocate with the minor child without securing employment or a place to live in advance of the move. 18. Mother has not advised Father or obtained Father's permission to leave the Commonwealth of Pennsylvania with the minor child. 19. Mother/Defendant does not communicate with Father/Plaintiff regarding daughter's health, health care, activities, and development. 20. Mother/Defendant limits communication between daughter and Father/Plaintiff 21. It is believed and therefore averred that Mother may punish the child for informing Father of her intention to relocate outside of the Commonwealth of Pennsylvania with the child. 22. It is believed and therefore averred that it is in the child's best interests to be in Father's primary custody to prevent or limit any negative impact of these actions on the child. 23. It is believed and therefore averred that it is in the child's best interests to be in Father's primary custody in order to immediately be enrolled in school in the Fannett Middle School so as to not disrupt the child's education and performance in school. 24. It is believed and therefore averred that it is in the child's best interests to be in Father's primary custody because Father is able to provide a stable home environment, to include an adequate food supply and more than adequate living space. 25. It is believed and therefore averred that it is in the child's best interests to be in Father's primary custody because Father will ensure that his daughter maintains a close relationship to both her paternal and maternal relatives that are all located in the Cumberland and Franklin County areas. 5 WHEREFORE, Petitioner prays that This Honorable Court grant his Petition for Special Relief and award him primary physical custody and legal custody of the minor child. DATE O'LL lob,) Respectfully submitted, ABOM& K.uTULAKIS, L.L.P. Kara W. Haggerty, s e Attorney ID No. 8 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 6 JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA vs. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR SPECIAL RELIEF are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. DATE: Z a(, &_?_z (? of ope IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LAURA A. SW OPE PLAINTFF VERSUS JEFFREY C. SWOPE Defendant No. 00-5793 CIVIL TERM DECREE IN DIVORCE 3:10 PM AND NOW, FEBRUARY7 2001 IT IS ORDERED AND DECREED THAT LAURAA. SWOPE AND JEFFREY C. SWOPE ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; SEPARATION AGREEMENT DATED SEPTEMBER 26, 000 IS INCORRPORAT D BUT NOT MERGED. BY THE COURT: Edward E. Guido ATTEST: J Curtis R. Long 1-j J L (41 (R" , v PROTHO-Nt)TY RY Certified Co Issued: AUGUST 18, 05 SEPARATION AGREEMENT This Agreement, made and entered into this day of , 2000, between Laura A. Swope, of Carlisle, Pennsylvania, hereinafter referred to as "Wife", and Jeffrey C. Swope, of Willow Hill, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 10, 1993 in Cumberland County, Pennsylvania; WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Samantha P. Swope WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting the custody and support of the child, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows. 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without anyjoinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties agree that the Wife shall have primary physical and legal custody of the child, Samantha P. Swope and that the Husband shall have visitation with the child every other weekend from 5:00pm Friday evening until 7:00pm Sunday night. 5. Support. a. Child Support. The parties agree that the Husband shall be responsible for child support in the amount of $50.00 per week. b. Medical Care for the Children. The parties agree that the child shall be carried upon the employer sponsored medical insurance programs provided to Wife. Husband agrees to pay one half of any yearly deductible under said plan as well as one half of any yearly fee assessed to Wife for the operation of the plan. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. 6. Distribution of Marital Assets. The Parties agree that all marital assets have been divided and distributed between them in a manner that is mutually satisfactory and will make no future claim to any assets, real, personal, or other, currently in the possession of the other Party. 7. Debts. The Parties agree that no debt of the marriage remains to be assumed by either the Husband or the Wife that has not been previously agreed upon. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 11. Counsel Fees and Court Costs. Each party agrees to pay their oven attorney fees and cost incurred in the preparation of this document as well as the preparation and filing of the divorce action captioned at 00-5793 Civil Term. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Swope v. Swope, 00-5793 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 13. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Laura A. Swope ?J CJL" ?' Swope IAflTAICCC CERTIFICATE OF SERVICE AND NOW, this 1d day of 006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakrs, L.L.P. 4II/D 046we 6 Kara W. Hagger s uire Attorney ID No. 4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 7 "V L W (-;' ?,p ?,i f. ?) `? O? ,+ -- 0 U -' U ? ( i _? ram,„ ii _? JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY PETITION FOR WRIT OF NE EXEAT AND NOW, this 15TH day of February, 2006, comes the petition of Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of Abom & Kutulakis, L.L.P., and respectfully represents: 1. The Plaintiff is Jeffrey Swope residing at 16836 Drifted Lane, Spring Run, Franklin County, Pennsylvania 17262. 2. The Defendant is Laura Swope who is believed to be residing at 347 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The subject minor child is Samantha Swope, born January 6, 1994, who is believed to be residing with her mother at the above-referenced address. 4. This action has been brought under the prior divorce and custody action pursuant to Title 23, and is being filed contemporaneously with a Motion to Modify Custody. 5. Defendant/Mother has refused to allow Father to see the child since December 2004. 6. Defendant/Mother has advised Plaintiff/Father on numerous occasions that she will only allow Petitioner to see his daughter at her discretion. 7. The subject minor child has told numerous individuals, including but not limited to her father, that Mother intends to move to New York City and take the child with her. 8. Mother has not consulted with or obtained permission from Father to move to New York City with the minor child. 9. The subject minor child has advised her Father that she desires to remain in Pennsylvania where she has been raised. 10. It is believed and therefore averred that Mother intends to move to New York City following her custody court appearance in Cumberland County on February 16, 2006, regarding another daughter. 11. It is believed and therefore averred that Mother's move to New York City, or another location outside of Pennsylvania, is imminent in that the subject minor child is not expected to return to school at the Lamberton Middle School in Carlisle, Pennsylvania. 12. The above information is based on direct statements of the child and/or Defendant/Mother to Plaintiff/Father. 13. This emergency petition is based upon Father's fear that child's mother will secretly leave the area with the child, and Father would never see the child again for reasons including the following: a. Mother has sold her home at 513 South Pitt Street, Carlisle, Pennsylvania, prior to losing this property in a foreclosure action. b. Mother has sold most of her and Samantha's personal belongings. c. Mother does not currently have a permanent residence. d. Mother has not made any living arrangements in New York City. e. Mother does not have employment in New York City. WHEREFORE, Petitioner requests This Honorable Court to direct the issuance of a Writ of Ne Exeat, directing the defendant to remain with the parties' child, in this jurisdiction. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: Kara W. Haggerty(E q ire I.D. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR WRIT OF NE EXEAT are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. DATE: Oy y ope CERTIFICATE OF SERVICE AND NOW, this 5L day of - f 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LIT, hereby certify that I did serve a true and correct copy of the foregoing Petition for Writ of Ne Exeat upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakis, L.L.P. uaflo. 0awa Kara W. Haggerty(V"sduire Attorney ID No. 4 v 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 9 % ? iJ ?? ?? .. may. ?.?? `' (.:• ? JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA SWOPE DEFENDANT 00-5793 CIVIL - CUSTODY ORDER OF COURT AND NOW, this 15th day of February, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; (2) The defendant shall file an answer to the petition within 20 days of service upon the defendant; (3) The petition shall be decided under Pa.R.C.P. No. 206,7; (4) An evidentiary hearing on disputed issues of material fact shall be held on the 20th day of March, 2006, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. IT IS FURTHER ORDERED AND DIRECTED THAT UNTIL FURTHER ORDER OF COURT THE MINOR CHILD SAMANTHA SWOPE, BORN JANUARY 6, 1994, SHALL NOT BE REMOVED FROM THE JURISDICTION OF THIS COURT. By the Court, M. L. Ebert, Jr., J. Kara Haggerty, Esquire -- cllr' ?ritvf/t Laura Swope, 347 Old Stonehouse Road, Boiling Springs, PA 17007 copy malle'al bas ?, ? _:?, ?, s `i\ ?1 :? r, '?' ,+? [? ",„-„ . JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA SWOPE DEFENDANT 00-5793 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 21, 2006 , 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 Coun Courthouse, Carlisle on Friday, March 24, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any, and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esc___; % Custody Conciliator i 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 7e wl JEFFREY SWOPE Plaintiff vs. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVILTERM CIVIL ACTION-LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE To judges of said Court: And now this 17h day of March, comes Plaintiff, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP and respectfully moves this Honorable Court to Make Rule Absolute; 1. On February 15, 2006, the Honorable M. L. Ebert issued a RULE TO SHOW CAUSE upon Defendant why the above Plaintiff should not be entitled to the relief requested; 1 Said Rule to Show Cause was answerable within twenty (20) days. 3. More than twenty (20) days have elapsed since the issuance of the Rule To Show Cause. WHEREFORE, the Plaintiff respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Plaintiff's requests. Further, it is requested that the Hearing on the above captioned matter scheduled for March 20, 2006 at 3:00 p.m. be cancelled upon the issuance of an Order. Abom & Kutulakis, LLP Date: March 17, 2006' Kara W. Haggerty-, squire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 17th day of March, 2005. Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 ? _ ,r,- I?t? M Kara W. Hagge e r? ?? D C_, cr -i ?` ? -],?, - ? ? _ ? ? ,.. ? . `n ?_ s ? ?_ cJ'= JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA SWOPE DEFENDANT 00-5793 CIVIL -CUSTODY ORDER OF COURT AND NOW, this 17th day of March, 2006, upon consideration of the Plaintiff's Motion for Special Relief, the defendant having failed to answer the Court's Rule to Show Cause dated February 15, 2006, and the Court noting that a Pre-Hearing Custody Conference is scheduled for Friday, March 24, 2006, IT IS HEREBY ORDERED AND DIRECTED that Jeffrey Swope is to have primary physical custody and legal custody of the minor child Samantha P. Swope pending further order of court. IT IS FURTHER ORDERED AND DIRECTED that the hearing previously set for March 20, 2006 at 3:00 p.m. is cancelled. By the Court, M. L. Ebert, Jr.,/ / J. Kara Haggerty, Esquire - copy''Ct Qi v Laura Swope, 347 Old Stonehouse (Road, Boiling Springs, PA 17007 - w'? y wl c (?C bas h`?f`•'pfV'l,izfdjVI' tie :Z Pd L 18VH 9901 ??1?a??-Cl3'fFJ MAR 2 a 2006 JEFFREY SWOPE, : IN THE COURT OF COMMO Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5793 CIVIL ACTION - LAW LAURA SWOPE, IN CUSTODY Defendant COURT ORDER ff day of March, 2006, upon consideration of the attached AND NOW, this Custody Conciliation Report, it is ordered and directed as follows: ?y 41??am" A hearin is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the day of -h-\ att- , 2006 at q : o C . A . in. At this hearing, the Father shall l the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they proceed without counsel, shall file with this Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of March 17, 2006 is vacated and replaced with the following temporary Order: A. The Father, Jeffrey Swope, and the Mother, Laura Swope, shall enjoy shared legal custody of Samantha P. Swope, born January 6, 1994. B. The Father shall continue to have primary physical custody of the minor child and the minor child may attend school in the Father's school district. C. The Mother shall enjoy custody with the minor child three out of four weekends from Friday at 5:00 p.m. when Mother will pick up the child at Father's home until Sunday evening at 7:00 p.m. when Father will pick up the child at Mother's home. The exception is the weekend starting March 241h when Mother may take the child to Tennessee and will deliver the child back to the Father's home by 11:00 p.m. on Sunday evening. BY THE COURT, M. L. Ebert, Jr., Judge Cc: Kara W. Haggerty, Esquire Ms. Laura Swope I 'C i JEFFREY SWOPE, Plaintiff VS. LAURA SWOPE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5793 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. 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 child who is the subject of this litigation is as follows: Samantha P. Swope, born January 6, 1994 2. A Conciliation Conference was held on March 24, 2006 with the following individuals in attendance: The Mother, Laura Swope, who appeared without counsel The Father, Jeffrey Swope, with his counsel, Kara W. Haggerty, Esquire 3. The Mother previously had custody of the minor child and the Father had not seen the child since December of 2004. Father suggested that Mother was an impediment to him seeing the child, but the Conciliator noted that the Father had many legal avenues to compel visitation if he really wanted visitation during that time frame. 4. The Father got some information that the Mother may be relocating out of state. He filed a custody petition and asked for emergency relief for which a hearing was scheduled on March 20`h. Apparently in light of the Mother's failure to file some written response to a Rule to Show Cause that was issued, the Court issued an Order on March 17, 2006 giving custody of the child to the Father. 5. The Mother appeared at the custody conciliation conference suggesting that she was planning on appearing at the March 20, 2006 hearing to state her position and that she did not know she had to file anything in response to the Rule to Show Cause. She indicated that she did not have legal counsel. 6. The Father suggests that the child is completely happy with him now and likes the school district she is in. Father lives in the lower end of Franklin County. Previously, the child attended school in the Carlisle Area School District over the last number of years. The Conciliator has some concerns as to how the child would be so happy living with the Father now since the Father had gone almost one year without seeing the child. However, it also appears that the Mother's situation is a bit unstable because she did indicate at the conciliation conference a plan to relocate out of state, but she does not know which direction she is going either north or south to a different state. 8. A hearing needs to be scheduled, and it should take no more than one day to conclude the testimony in this case. 9. The Mother is apparently living in South Middleton Township. In light of the Court's Order of March 17, 2006, the Conciliator is not inclined to recommend against the status quo relative to primary custody, but the Mother should have some type of meaningful visitation with the child pending a hearing. The Conciliator recommends an Order in the form as attached. Date: March.) ? , 2006 Hubert X. roy, Esquire Custody nciliat r JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA SWOPE DEFENDANT 00-5793 CIVIL - CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 9th day of May, 2006, after hearing in the above captioned matter, and the Defendant, Laura Swope, having indicated that she is willing to participate in a psychiatric evaluation, IT IS HEREBY ORDERED AND DIRECTED that Dr. John M. Hume, M.D., J.D., is hereby appointed to conduct a psychiatric evaluation of Laura Swope in order to determine whether or not she suffers from any disorder which would negatively impact her ability to exercise her parental responsibilities. IT IS FURTHER ORDERED AND DIRECTED that the Defendant, Laura Swope, appear for the evaluation in the Jury Deliberation Room of Courtroom No. 5 on the 4th Floor of the Cumberland County Courthouse at 12:45 p.m. on Friday, May 12, 2006. By the Court, ara Haggerty, Esquire, Attorney for Plaintiff Laura Swope, Defendant Dr. John M. Hume, M.D., J.D. Court Administrator bas 1* M. L. Eb-? ?4v ert, Jr., J. 44* h ? *-Z ltd 6- AN 90OZ At3VIOMO1 L08d 3HI d0 JEFFREY SWOPE, Plaintiff V LAURA SWOPE, Defendant IN RE: CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00-5793 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 9th day of May, 2006, following hearing in the above-captioned matter, it is hereby ORDERED AND DIRECTED that full legal and physical custody of the child, Samantha P. Swope, born January 6, 1994, is hereby awarded to the plaintiff, Jeffrey Swope, pending further Order of Court. It is ORDERED AND DIRECTED that the defendant undergo a psychiatric evaluation by a psychiatrist appointed by the Court. Upon completion of the psychiatric evaluation,the Court being assured of the mother's mental fitness, the mother shall have daytime custody of the child at least two weekends per month. These weekends will be arranged according to her schedule with at least two weeks prior notice to plaintiff. The psychiatric evaluation shall indicate whether Laura Swope suffers from any disorder that would negatively impact her ability to exercise her parental responsibilities during overnight partial custody of her daughter. By the Court, ?\ -t 4-A M. L. Ebert, J14,1 J. , ra W. Haggerty, Esquire For the Plaintiff ura Swope A *1:c 7 Meridian Street ?Q 1961 Cornelius, NC 28031 :mtf 0b' RdN r r?( J oz rh Wd i 1 Jl 900z A8b'IU-,Mu"P! Ojd 3HI 30 301:4 -OTIA Spencer Abel Law Office Suzanne Spencer Abel, Esq. 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 spencer abet esq@fastmail.fm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURA SWOPE, Petitioner 00-5793 CIVIL TERM V. JEFFREY SWOPE, : CIVIL ACTION - CUSTODY Respondent NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AViSO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mcis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. Sl USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin 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 at 717-255-2796. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURA SWOPE, Petitioner 00-5793 CIVIL TERM V. CIVIL ACTION - CUSTODY JEFFREY SWOPE, Respondent ; PETITION FOR MODIFICATION OF A PARTIAL CUSTODY AND VISITATION ORDER 1. The petition of Laura Swope respectfully represents that on May 9, 2006, an Order of Court was entered for Partial Custody and Visitation, a true and correct copy of which is attached. 2. This Order should be modified because mother received a favorable psychiatric evaluation on May 15, 2006, from court-appointed evaluator, Dr. John Hume. Since that date, the Order directed daytime custody at least two weekends per month. 3. On November 1, 2006, Petitioner relocated from Cornelius, North Carolina back to Carlisle, PA. Petitioner has not been permitted to speak with her 12 year old daughter, Samantha Paige Swope, since May 15, 2006, and has only been able to see her daughter twice since May 15, 2006, once in August 2006, and once in November 2006. WHEREFORE, Petitioner requests this Honorable Court to modify the existing Order for Partial Custody and Visitation because it will be in the best interest of the child. Respectfully submitted, Spencer Abel Law Office fit 11 At It Suz a Spen r Abel, Esq. Atto y ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abet esq@fastmail.fm Counsel for Plaintiff, Laura Swope Page 2 4 Y JEFFREY SWOPE, Plaintiff V LAURA SWOPE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00-5793 CIVIL TERM CIVIL ACTION - CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 9th day of May, 2006, following hearing in the above-captioned matter, it is hereby ORDERED AND DIRECTED that full legal and physical custody of the child, Samantha P. Swope, born January 6, 1994, is hereby awarded to the plaintiff, Jeffrey Swope, pending further Order of Court. It is ORDERED AND DIRECTED that the defendant undergo a psychiatric evaluation by a psychiatrist appointed by the Court. Upon completion of the psychiatric evaluation,the Court being assured of the mother's mental fitness, the mother shall have daytime custody of the child at least two weekends per month. These weekends will be arranged according to her schedule with at least two weeks prior notice to plaintiff. The psychiatric evaluation shall indicate whether Laura Swope suffers from any disorder that would negatively impact her ability to exercise her parental responsibilities during overnight partial custody of her daughter. By the Court, ?\ -t I" ? M. L. Ebert,, J , J. ,ara W. Haggerty, Esquire For the Plaintiff Aura Swope 19617 Meridian Street Cornelius, NC 28031 :mtf )\P r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURA SWOPE, Petitioner 00-5793 CIVIL TERM V. CIVIL ACTION - CUSTODY JEFFREY SWOPE, Respondent VERIFICATION 1 VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: ('?? I Q ura Swope r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURA SWOPE, Petitioner : 005793 CIVIL TERM V. JEFFREY SWOPE, CIVIL ACTION - CUSTODY Respondent CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition for Modification of Custody, I am this day serving a copy of same by Certified First Class Mail, return receipt requested, to the following: Jeffrey Swope 16836 Drifted Lane Spring Run, PA 17262 I certify that, concurrent with filing the foregoing Petition for Modification of Custody, I am this day serving a copy of same by First Class Mail, to the following Counsel of Record for Respondent: Abom & Kutulakis, LLP (717) 249-0900 Kara W. Haggerty, Esq. 36 South Hanover Street Carlisle, PA 17013 Date: ?up_ & I Lfigu 9 W4 WK u i a Spen r Abel 22 st Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 spencer abet-esq@fastmail.fm C3 o --n 1 CC ?1 ?1 r? ?'-' f C7 ril? i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Laura Swop TT. r- TTTT n f T Plaintiff Docket # 2000 - 5793 CIVIL TERM V. Je re Sioo CUSTODY Defendant PRAECIPE for ENTRY of APPEARANCE To the Prothonotary: Kindly enter m a PlaintiffF y ppearance on behalf of Laura Swope, 4?--xA%&cLL-L Papers may be served at the address set forth below: Suzanne Spencer Abel, Esq. Attorney ID # 202443 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 Date:_ Suzanne Spencer Abel, Esq. Pli e Av 0 ?0*, 0 o? Q? ny: r J C-n f 7 y ^? `fl f n'1 c.- rv J 1 LAURA SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY SWOPE DEFENDANT 00-5793 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 07, 2006 , 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 Counly Courthouse, Carlisle on Thursday, January 04, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. Me 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 Frior 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 n? C l :? Wd L- 330 SON ?lp l z°i Ioe.e/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURA SWOPE, Petitioner 91-1344 CIVIL TERM V. ARCHIE T. STROUD, 111, Respondent LAURA SWOPE, Petitioner V. JEFFREY SWOPE, Respondent : CIVIL ACTION - CUSTODY 00-5793 CIVIL TERM : CIVIL ACTION - CUSTODY MOTION TO CONSOLIDATE HEARINGS, TO REASSIGN ONE CASE, AND TO ORDER A PSYCHIATRIC EXAM AND NOW, this 18"' day of January, 2007, comes Laura Swope, Petitioner in both matters, by and through her attorney, Suzanne Spencer Abel, Esq., and who avers as follows: 1. Petitioner is Laura Swope, Plaintiff mother in the above captioned matters. She is represented by legal counsel, Suzanne Spencer Abel, Esq.. 2. Respondents are Archie Stroud and Jeffrey Swope, Defendant fathers in the above captioned matters. Respondent Stroud is represented by legal counsel, Taylor Andrews, Esq.. Respondent Swope is represented by legal counsel, Kara Haggerty, Esq.. 3. By Order dated May 5, 2006, the Honorable Judge Ebert ordered a psychiatric evaluation of Petitioner to be conducted by Dr. John Hume for the case docketed at No. 00-5793. 4. By Order dated May 9, 2006, the Honorable Judge Hess ordered a psychiatric evaluation of Petitioner for the case docketed at No. 91-1344. 5. By letter dated May 15, 2006, Dr. Hume opined that Petitioner Laura Swope "is not suffering from any mental disorder which would negatively impact her ability to exercise her parental responsibilities." A copy of Dr. Hume's letter is attached. 6. On or about the end of October 2006, Petitioner relocated back to the Carlisle area to facilitate exercising her visitation rights regarding both daughters. 7. Neither Respondent was willing to comply with the existing visitation orders. 8. On or about December 5, 2006, Petitioner filed for Modification of Custody to enforce her visitation rights and to re-establish primary custody in both above referenced matters. 9. On January 4, 2007, Conciliation Conferences were held between the respective parties before Hubert Gilroy, Esq.. Conciliator Gilroy recommended that the prior Orders for visitation be enforced as to both matters, and that both matters be scheduled for hearings before the respective Judges. 10. Counsel for both Respondents indicated their intention to cross examine Dr. Hume at the respective hearings. 11. A hearing has been scheduled for Friday, March 16, 2007, at 9:30 AM before the Honorable Judge Hess in the matter of Swope v. Stroud at No. 91-1344. 12. A hearing has not been scheduled yet before the Honorable Judge Ebert, at Petitioner's Counsel's request, pending a decision on this Motion. 13. Dr. Hume advised Petitioner's counsel that, due to the amount of time that has elapsed since the initial evaluation, he is ethically required to conduct a follow-up evaluation of Petitioner. 14. Dr. Hume further advised Petitioner's counsel that his testimony would be identical for both matters. 15. Requiring Dr. Hume to testify twice and submit to two independent cross- examinations for the same testimony is an inefficient use of precious judicial time and resources, as well as Dr. Hume's expert time and resources. 16. A consolidated hearing to take Dr. Hume's testimony promotes judicial economy of time and resources, as well as consistency. 17. The factual issues in both matters are so similar that, the further interests of judicial economy and consistency would best be served by moving one case to one Judge's docket. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order granting consolidation of the custody hearings; transferring one case to the other Judge's docket, and ordering a follow-up psychiatric evaluation by Dr. Hume. Respectfully submitted, Spencer Abel Law Office 14 it #1 0 ?Q# Suz ne Spen r Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abel esgO-fastmail.fm Counsel for Petitioner, Laura Swope JOHN M. HUME, M.D., J.D. 875 Valley Street Marysville, PA 17053 Telephone: (717) 957-2401 May 15, 2006 The Honorable M. L. Ebert, Jr. Judge, Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 RE: Jeffrey Swopz; vs. Laura Swope Dear Judge Ebert: In accordance with court order of May 9, 2006, I saw Laura Swope for psychiatric evaluation on 05/12/06 to determine whether or not she suffers from any disorder which would negatively impact her ability to exercise her parental responsibilities. I had mistaken the time of the appointment, and I must praise Ms. Swope for tolerating my 50 minute delay with total equanimity. When asked what she understood the evaluation to be about, she responded, "I've been going through two custody hearings. The judges want to be sure I'm stable enough to have the children. The children are 12 and 15, from different fathers. I wanted to move because I've not been able to get a job that paid well enough to maintain the house I had in Carlisle. I had to sell it before it was foreclosed. I have rented a new house in North Carolina. Neither of the fathers of the girls lives in Cumberland County. I raised those kids by myself. Tony had not visited in four years, and Jeff for one year. Now they think they'll come and take the children. It's very disturbing. My 15-year-old is already in a custody issue and was in court before the Honorable Judge Hess. This ex-husband got in touch with my other ex-husband and they got together to try to get the children." When asked the reason for her job difficulties, she stated she had worked at American Standard Logistics for two years. When she bought the house she looked for a job that paid more money. She therefore moved to Keen Transport, where she was paid $2.00 more an hour and only had to pay $10.00 per week for medical insurance for her and the children vs. $65.00 that she was paying before. That job became too difficult and then she drove mail one weekday and Saturdays. She reported this required more of her than she could manage. It tools her 10 hours for 8 hours of pay, and she had trouble getting parcels, as well as mail delivered from her own car on a contract basis. "It was a mess. Next, Manpower sent me to Ahold. I liked that very much, but the job lasted only a month. Then they sent me to Auto Sprinkler and I liked that, but it Page Two RE: Jeffrey Swope vs. Laura Swope was only temporary also. Then I got desperate and went to Pilot as a cashier. I never asked what the pay was until on my first paycheck I figured it came out to $7.25/hr. I couldn't live on that. Then I moved to Home Depot, but I didn't like that work and then quit after three months. I just haven't been able to find anything that I liked on an ongoing basis." She went on to indicate she had gone to North Carolina and rented a ranch home there. Having to come up to this area has really been very hard and very expensive for her. She feels as if she is imposing on a friend that she stays with when she is in this area. She continued spontaneously, "I just don't want all these problems. I went to North Carolina two months ago. Originally I had wanted to go to New York, but when I discovered the rent was $1100.00 per month it was way too scary when I was alone. I made the trips to North Carolina to check out the real estate. The place I am renting currently is only $550.00 per month, and it's a house in a development in Cornelius, NC. It's in the Lake Norman area, where all the very large luxury homes are located. I've found a job working for The Norman Times newspaper in a secretarial position, taking ads over the phone and in person. When asked if she had made any new friends in her new location, she continued, "There are a few places I went where I met Nascar people, though not everybody. I'm trying to stay away from Nascar, since it seems to be causing trouble with how the court sees me. It's fun to run into stars on the street. It's different. At one place I ran into Jeff Gordon, and he seemed attracted to me, but I'm certainly not interested in him." When asked regarding treatment for emotional or psychological issues, she indicated that she had gone to counseling some time back for four visits to try to preserve the relationship with the man she was going with, who cheated on her all the time, that they were going together. She volunteered to do this, and wasn't ordered to. She is concerned because both of her ex-husbands have tried to say she was mentally unstable. When asked what contributed to the failure of her marriages, she answered, "Tony was married before I met him, to a child psychologist. When he was mad at you he would break furniture, cheat on me and I was pregnant before we were married. It lasted only one year. Jeff, whom I married next, had two kids I didn't even know about, and there were other things. I was married to him one year before having Samantha. I'm not in any hurry to get remarried. I guess it was a matter of self-esteem. My sister had moved away and I was alone and uneasy. I was dumb. There were problems in my marriages and problems in another relationship. I'll never pick another loser. Gary is somebody I went with who had computer sex, cheated on me, and had sex with one of my ex-husband's daughters. I thought he was a winner since he owned Red Devil and High Line Roofing. I also dated Cassius Mulholland Page Three RE: Jeffrey Swope vs. Laura Swope of Auto Care, who was big in the community, but he was just as messed up." She denies dating anyone in North Carolina. She states on the weekends that she may-jet ski, "I'm 40 and not that desperate now. The kids fit in well with Cassius when we went together, but he was divorcing at the time. Samantha did poorly in school after Cassius broke up. I had a tutor for Samantha and she ended up calling the tutor's husband "Dad". He was an ex-lawyer from New York, and his wife, the tutor, was a learning support person at school. With the tutoring Sam got on the honor roll, but the tutor wanted her to continue. The tutor's kids, when they got to seventh or eighth grade, were sent off to boarding school, which seemed pretty strange. I always thought people with more money and better jobs had what it takes, but I found out quite differently. When I sold my home, an injunction was slapped on me not to take the children out of Pennsylvania. Samantha, my 12-year-old, is now totally brainwashed by Rob, as she has spent the last eight months at her dad's place. I've had to do visitation from North Carolina. It has been really upsetting for me." In terms of family history, the patient has one brother who lives in Florida, a sister in California and the patient is the youngest. She has a half brother from one of her mother's affairs and another brother who was killed when hit by a car, who was homosexual and suffering with advanced AIDS at the time of his death. Her parents were divorced when she was eight or nine years old. She describes her mother as being always alcoholic. Her father was a strict Catholic, one of nine kids, including a brother as a priest. Her mother and father were the only ones among the strict Catholics ever to get divorced. She states it was very difficult as a child, but she fits in now as an adult. At age 12 she moved in with her older sister. After the divorce she was with her mother and her other siblings went with the father. "I've hit a stump in the road and I've fixed that now. There was a ten year period when I had no relationship with my parents, but now I see them periodically in an adult relationship. You learn they had screwed up issues also. My mother has been an RN forever, despite her alcohol problems. She remarried and it didn't work out because it was to a man on the rebound. That man ruined our lives. My mother left for him, and then he went back to his wife. My second husband, Jeff, was adopted at 15, as his biological parents were dead. My first husband had a disruptive childhood also. I just don't want my daughter in the mess that I ran from. When asked again about contact with Nascar folks, she stated, "I do see them and they like me, but I don't hang out with them. I know Jeff Gordon, though he doesn't live in that same area. I'm not going to go off and follow the racetrack crowd. I have a regular job, and I'm going to be at home with my kids. Jeff Gordon said he loved me three times, but he's a jerk. I didn't realize that the place down there was that Nascar loaded." She went on to remark that much of the conversation about her Nascar acquaintances had taken place off the record in the last custody hearing. "I Page Four RE: Jeffrey Swope vs. Laura Swope can't afford legal counsel and I went for free legal assistance and was turned down three times, so I have to represent myself On one hearing they took my ex-husband out of order to accommodate his work schedule. I never got an opportunity to make my opening statement. It's been five or six months since I sold the house. I didn't like the idea of waiting around here when holding a job was so difficult. I just can't believe the Nascar business upset people so much. Jeff's family is such trash. I'd much rather talk to a psychiatrist than try to deal with the judge again." She described home circumstances with her ex-husbands, indicating Tony had worked at Frog and Switch for 20 years, then got into an affair with Tracy, who was an employee there who messed up a lot of people. Currently he is driving a truck, and often gets home at 11:00 p.m. She feels her 15-year-old daughter practically runs the place. Also living there is Tony's wife and his son, Justin, who has been arrested three times, twice for fires, and one time for a police chase. There is one daughter between Tony and his current wife, and she indicates they are not the perfect parents and have nothing to offer her kids. "I don't want losing my kids to be based on moving out of state. The kids will be able to do everything in North Carolina that they do here. Jeff's household is a mess. His wife has a 21-year-old daughter who got pregnant at 17, so there's my daughter and a 4-year-old granddaughter. He has three kids in Carlisle that he didn't even see for six years. He has three other kids, but none were raised with Samantha. They're pigs, and I don't want my daughter raised under those circumstances. Samantha went off with a woman who slept with Jeff's brother." She went on to describe drive-by harassments, especially as Jeff's kids became old enough to operate motor vehicles. She went on to indicate that Jeff had been arrested for failure to provide child support for a kid she never even knew about. "I just wanted the opportunity to tell the judge my side of the situation. Tony, this last summer, had an affair with a former ex-wife and took the kids along with her to North Carolina. Bobby has too much freedom in Shippensburg. They stole Samantha when I was looking for places in North Carolina. I hadn't even left town before the kids were handed over by the tutor and a friend of their father. The police wouldn't do anything to help. They now say they made a big mistake in supporting my ex- husbands. Samantha has been brainwashed by her experience. I just don't see how they can take my kids after I raised them all these years. The girls did argue when together, but now they'd be more compatible." She discussed some parenting attributes appropriately, and with good disciplinary concepts. She re-emphasized how hard it was coming from out of state for visitation, and indicates she has only missed visitation once. She currently is living on the proceeds of her house, but indicates when the custody issue is settled, her parents will help her financially. Page Five RE: Jeffrey Swope vs. Laura Swope When asked what she does when she gets angry, she states she asks the kids not to bother her. "The kids come after me even when I say be gone, and they blast their stereos and stay in their rooms. I don't scream much. It makes me feel like a mean person. There were four fights between the time Cassius left and Samantha went with her father. It was February to August, 2005. She called the police on me, but the police were not firm enough with her to tell her to listen to her mother. I didn't feel the police took advantage of their authority to tell them to obey their mother. One time she slapped me in the face, and I backed her up against the stove. Robby had a lot of friends to call incessantly on the phone in the evening. These kids were on academic watch and shouldn't have been calling all the time. It was O.K. in the summer, because I had a pool and a trampoline in the back yard, and the kids liked to come over. Robby was very upset about having to sell the home to avoid foreclosure. It was devastating to all of us (she was close to tears). Robby was allowed by her father to drop Spanish the second semester. I would have made her stick to it with a tutor. She just shouldn't have done that. She'll have problems getting through the subjects that she needs for college." When asked what she might have for three wishes, she listed them as 1) "children be with me in North Carolina, 2) find an adult person for a husband, and 3) a beautiful house, no I mean I should ask for the kids to be happy. Living with their dads isn't going to make them happy. We three girls should all be together. The fathers just don't want to pay child support and they're giving Robby too much freedom." When asked regarding her educational background, she indicates she graduated from Cumberland Valley High School in 1985 and started college. She dropped out when her sister, with whom she was living, moved to West Virginia. When asked about substance abuse issues, she states she tried drugs two times, once at 18, and once as an adult, and did not like it. She smokes cigarettes and notes that she uses alcohol occasionally and this has been increased some since the children have not been with her, but not to the point of intoxication. "I avoid doing anything like that because I saw my mother's alcoholism and what it does to you. I do drink a lot of coffee, and sometimes it can snake me hyper. I have sometimes as much as 10 cups in a day, but today I've had only 4 cups. In regard to past medical history, she states she has never had any surgical procedures and rarely has headaches, which are relieved by aspirin. She notes that her daughter, Robby, gets migraines, and has been tried on anti-epileptic medications, which were not effective. Going to bed seems to be the only thing that works with any effectiveness. In terms of past interaction with the authorities, she states she had one police stop in Page Six RE: Jeffrey Swope vs. Laura Swope March of this year. The officer who stopped her said, "Is it worth all this?" He got in my car on the driver's seat side that I was sitting in. The allegation was that I cut off a police car at the 81 ramp. I usually keep my mouth quiet until they attack me, and I talk back. I've pled not guilty, and I have a hearing on June 6'h. I can't afford an attorney. If the traffic stop took place as she describes it, it clearly appears to be irregular. On mental status exam the patient appeared as an attractive, well groomed, though casually dressed Caucasian woman, appearing 5 to 10 years younger than her chronologic stated age. She was precisely oriented for time, place and person. Mood and affect were variable and appropriate to the thought content of her conversation. Psychotic distortions, such as delusions, hallucinations, grandiose ideas or paranoid distortions were not evident. I had her do a Bender Motor Gestalt exam, which reflected no evidence of organic impairment and no difficulty in terms of self control. She was able to write her name, taking more than a minute to do it, indicative of adequate self-control. Cognitive functions were congruent with her high school education. Recent and remote memory were adequate. Homicidal or suicidal ideation was denied. Speech was of normal tone and rate. Judgment is adequate. Insight is partial, in that she understands that some difficulties related to self-esteem arise out of her own childhood experiences. DIAGNOSTIC IMPRESSION: Axis I Adjustment Disorder with mixed emotional features appropriate for her current circumstances. Axis II No diagnosis. Axis III ' No medical problems. Axis IV Degree of stress moderately severe. Custody issues. Financial pressures. Axis V Current GAF = 80. COMMENTS: , It is my opinion, with a reasonable degree of medical certainty that at the present time Ms. Swope is not suffering from any mental disorder which would negatively impact her ability to exercise her parental responsibilities. She is at times outspoken, yet at the same time has the ability to exercise adequate control. Concerns about ideas of self-importance approaching delusional proportions were not evident in any aspect of Page Seven RE: Jeffrey Swope vs. Laura Swope this evaluation. Thank you for the opportunity of evaluating Ms. Swope. If you have any questions, please do not hesitate to be in touch with me. Very Truly Yours, ?4 V ft ' John M. Hume, M.D., J.D. JMH/asap CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Motion to Consolidate Hearings, to Reassign One Case, and to Order a Psychiatric Exam, I am this day serving a copy of same by First Class Mail, to the following: Counsel for Respondent,-Jeffrey Swope, Docket #2000-5793: Abom & Kutulakis Kara Haggerty, Esq. 36 S. Hanover Street Carlisle, PA 17013 Counsel for Respondent, -Archie Stroud, Docket #1999-1344: Andrews & Johnson Taylor Andrews, Esq. 78 West Pomfret Street Carlisle, PA 17013 Date: /X I A A AAd di nA It 10 ? Q/ Suza a Spen r Abel 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 spencer_abel esq@fastmail.fm C7 ?`? C3 C1 C t C;3 C ) r CTS `< 'JAN 0 S 2007 4.5 LAURA SWOPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JEFFREY SWOPE, : NO. 00-5793 Defendant : IN CUSTODY COURT ORDER AND NOW9 this o?ot day of January, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the 1061`' day of , 2007 at At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of May 9, 2006 shall remain in effect such that mother shall have daytime custody of the minor child, Samantha P. Swope, born January 6, 1994, in accordance with the May 9, 2006 Order. Custody shall be handled with mother notifying father preferably by Sunday of each week as to what her work schedule will be the following weekend. If she has the full weekend off, she can exercise custody for the full weekend which would be overnight if she is residing with her sister and the sister will be available. If the sister is not available, custody should be just during the day on each weekend. Alternatively, if the mother only has one day off on a weekend, the parties shall work between themselves to schedule time for the mother on that particular weekend. If mother's work schedule is that she is only getting one day off per weekend, mother's custody shall be for every weekend limited, however, to only one day on the weekend rather than every weekend for two days. This provision is subject to any schedule the father may have for family events or other matters. Absent some other agreement between the parties, transportation for exchange of custody shall be shared with the parties meeting halfway between father's home and mother's home at the K-Mart in Shippensburg. 3. Mother shall enjoy reasonable telephone contact with the minor child. 4. Neither party shall discuss the custody proceedings with the minor child and both parties shall insure neither themselves or anybody with them in the child's presence makes any disparaging remarks concerning the other parent. BY THE COURT, cc: a Spencer Abel, Esquire ra W. Haggerty, Esquire --? c-N . S? -?- ?,A Judge M. L. Ebert, Jr. i so :Z ;lc! ZZ NSWT LOOZ LAURA SWOPE, Plaintiff v JEFFREY SWOPE, Defendant Prior Judge: M. L. Ebert, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 00-5793 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 child who is the subject of this litigation is as follows: Samantha P. Swope, born January 6,1994. 2. A Conciliation Conference was held on January 4, 2007, with the following individuals in attendance: The mother, Laura Swope, with her counsel, Suzanne Spencer Abel, Esquire, and the father, Jeffrey Swope, with his counsel, Kara W. Haggerty, Esquire. 3. This case was before Judge Ebert in May of 2006 at which time he held a hearing and awarded primary custody to the father. The Court Order also directed that the mother have a psychiatric evaluation and that the mother would have daytime custody of the child on at least two weekends per month if the evaluation suggested that there was no problems with the mother that would interfere with such custody. At the time of the hearing in May of last year, the mother resided in North Carolina and the father resided in Franklin County. The mother has since relocated to Cumberland County and has been unable to reach an agreement with the father relative to custody on the weekends. Mother suggests that a psychiatric evaluation has been completed and counsel for the mother will provide counsel for the father with a copy of that report. 4. The mother is looking for overnight custody at this time. Father is unwilling to provide overnight visitation. A hearing is necessary. The Conciliator is not prepared to recommend overnight visitation in light of the circumstances of this case. However, the two weekends per month with daytime custody should be implemented in accordance with the prior Order. 5. The Conciliator recommends an Order in the form as attached. January 2007 ?( 'q, ubert X. Gilroy, Esqui Custody Conciliator JAN 19 2007, P( . E It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURA SWOPE, V. Petitioner ARCHIE T. STROUD, III, Respondent LAURA SWOPE, Petitioner V. JEFFREY SWOPE, Respondent 91-1344 CIVIL TERM CIVIL ACTION - CUSTODY 00-5793 CIVIL TERM CIVIL ACTION - CUSTODY ORDER AND NOW, this day of January, 2007, upon consideration of the foregoing Motion, it is hereby ordered that 1. A Rule is issued upon the Respondents to show why the moving party is not entitled to the relief requested; *e-RV lo'-e- 2. The Respondents shall file an Answer to the Motion within L5 days of Vie, 3. The Motion shall be decided under Pa.R.C.P. No. 206.7; . i F a Qcopose OR?P-x ?'11eRe?oRe s 4. Argument shall be held on- the day e:ft , At. r A 6 e i)t.e 0. arew-ok , 29907, at ^'clockamLpm,?n 'If the ett --be 'a -d Geumty GeuFtheuse; 5. Notice of the entry of this Order shall be provided to all parties by th moving party. BY TZEC URT: ?? A-) J. C !3 ?'v d? a"? LAURA A. SWOPE, Petitioner vs. ARCHIE T. STROUD, III Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 91-1344 CIVIL ACTION - LAW : IN CUSTODY LAURA A. SWOPE, Petitioner vs. JEFFREY SWOPE, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 00-5793 CIVIL ACTION - LAW IN CUSTODY ANSWER OF RESPONDENT, ARCHIE T. STROUD, III Respondent, ARCHIE T. STOLID III, by his attorney, Taylor P. Andrews, Esquire, respectfully answers Petitioner's Motion for Consolidation and a Psychiatric Exam as follows: 1) Respondent does not oppose the relief sought by Petitioner. 2) Respondent agrees that it is most efficient for the two captioned cases to be heard either by one judge or by two judges simultaneously. The Respondent defers to the Court's discretion in this matter. 3) Respondent repeats the same position expressed at the conciliation conference and that was reflected by each Judge's prior Order, that Respondent's counsel have an opportunity to question the examining psychiatrist prior to a change in a custody Order. Respectfully submitted, T W?. Andrews, Esquire 7 st Pomfret Street Carlisle, PA 17013 Pa. Supreme Ct.#: 15641 (717) 243-0123 Attorney for Respondent LAURA A. SWOPE, Petitioner VS. ARCHIE T. STROUD, III Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 91-1344 CIVIL ACTION - LAW : IN CUSTODY LAURA A. SWOPE, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL 00-5793 CIVIL ACTION - LAW JEFFREY SWOPE, Respondent : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, 0 2007, I mailed a copy of ANSWER OF RESPONDENT, ARCHIE T. STROUD, III to the following person at the following address by U.S. Mail, first class, postage prepaid, to: Abom & Kutulakis Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Suzanne Spencer Abel, Esquire 22 East Street 96 Mt. Holly Springs, PA 17065 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. ANDREWS & JOHNSON By: (Tayla? P. Andrews, Esq. 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 °:-7 --# _, i-. r ?_. ? j._1 '. i4.? _ 't ?_, ?..e"f _ _ «.-.- .?? .K- _.? LAURA SWOPE IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL 91-1344 CIVIL ACTION - LAW ARCHIE T. STROUD, III Respondent IN CUSTODY LAURA SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENN V. NO. 00-5793 CIVIL TERM CIVIL ACTION - LAW JEFFREY SWOPE Defendant IN CUSTODY ANSWER OF RESPONDENT, JEFFREY SWOPE Respondent, Jeffrey Swope, by his attorney, Kara W. Haggerty, Esquire, and Abom & Kutulakis, respectfully answers Petitioner's Motion for Consolidation and a Psychiatric Exam as follows: 1. Respondent does not oppose the relief sought by Petitioner. 2. Respondent agrees that it is most efficient for the two captioned cases to be heard either by one judge or by two judges simultaneously. The Respondent defers to the Court's discretion in this matter. 3. Respondent repeats the same position expressed at the conciliation conference and that was reflected by each judge's prior Order, that respondent's counsel have an opportunity to question the examining psychiatrist prior to a change in a custody Order. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty, 36 South Hanover t t Carlisle, PA 17013 (717) 249-0900 Attorney ID #86914 Attorney for Respondent, Jeffrey Swope CERTIFICATE OF SERVICE AND NOW, this 20`h day of February, 2007, I, Kara W. Haggerty, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Answer of Respondent, Jeffrey Swope to all parties of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Suzanne Spencer Abel, Esquire 22 East Street #6 Mt. Holly Springs, PA 17065 Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, DATE DL M" 0 ABom & KUTULAKis, L.L.P O ? r t . C b JtL b .v ' LAURA SWOPE, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner ARCHIE T. STROUD, III, Respondent LAURA SWOPE, Petitioner V. JEFFREY SWOPE, Respondent 91-1344 CIVIL TERM CIVIL ACTION - CUSTODY 00-5793 CIVIL TERM CIVIL ACTION -CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW, this 22"d day of February, 2007, comes Laura Swope, Petitioner in both above-referenced matters, by and through her attorney, Suzanne Spencer Abel, Esq., and respectfully moves this Honorable Court to Make Rule Absolute:: 1. By Order dated January 26, 2007, the Honorable Judge Kevin Hess issued a Rule upon Respondents why the above Petitioner should not be entitled to the relief requested. 2. Said Rule to Show Cause was answerable within fifteen (15) days. 3. More than fifteen (15) days have elapsed since the issuance of the Rule to Show Cause. 4. Pursuant to Pa. R.C.P. No. 206.7(a) and (b), Petitioner asks this Honorable Court to decide the matter on petition and answers. WHEREFORE, Petitioner respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Petitioner's request. Respectfully submitted, Spencer Abel Law Office uz ne Spe cer Abel, Esq. Attor ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abet esq _fastmail.fm Counsel for Petitioner, Laura Swope r w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 91-1344 CIVIL TERM LAURA SWOPE, Petitioner : CIVIL ACTION - CUSTODY V. ARCHIE T. STROUD, III, LAURA SWOPE, V. JEFFREY SWOPE, Respondent Petitioner 00-5793 CIVIL TERM CIVIL ACTION - CUSTODY Respondent CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition to Make Rule Absolute, I am this day serving a copy of same by First Class Mail, to the following: Counsel for Respondent,.Jeffrey Swope, Docket #2000-5793: Abom & Kutulakis Kara Haggerty, Esq. 36 S. Hanover Street Carlisle, PA 17013 Counsel for Respondent,.Archie Stroud, Docket #1999-1344: Andrews & Johnson Taylor Andrews, Esq. 78 West Pomfret Street Carlisle, PA 17013 Date: a?a'3-IU?" 19 L&Az Su nne Sp ncer Abel 22 Vast Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 spencer abel_esq@fastmail.fm ?y o? X ARCHIE T. STROUD, III, Plaintiff vs. LAURA A. SWOPE, Defendant LAURA SWOPE, Plaintiff vs. JEFFREY SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 91-1344 IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-5793 IN CUSTODY IN RE: PETITION TO MAKE RULE ABSOLUTE ORDER AND NOW, this 1 AP, day of March, 2007, it is ordered and directed that: 1. The custody hearings for the above referenced cases are consolidated for the purpose of hearing the expert testimony. 2. To provide judicial efficiency, the case docketed at No. 00-5793 is hereby removed from the schedule of the Honorable M. L. Ebert, Jr., and is hereby transferred to the Honorable Kevin A. Hess. 3. Dr. John M. Hume, M.D., J.D., is hereby reappointed to conduct a psychiatric evaluation of Laura Swope in order to determine whether or not she now suffers from any disorder that would negatively impact her ability to exercise her parental responsibilities. 4. Petitioner Laura Swope is hereby ordered and directed to appear for the evaluation at the time and place selected by Dr. Hume, at least one month prior to the consolidated hearing herein . 5. The hearing set for March 16, 2007, in Courtroom Number 4, and the hearing set for May 18, 2007, in Courtroom 5, are consolidated and set for Friday, June 1, 2007, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin A Less, J. /aylor Andrews, Esquire For the Plaintiff Shroud uzanne Spencer Abel, Esquire For Laura A. Swope Xara Haggerty, Esquire For Defendant Swope J :rlm TRW COPY FROM RECORD Ted whereof, I here ur try sit my ham. so of said court at cow F& o're? sp, t? O '?B y 'i JEFFREY SWOPE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 00-5793 CIVIL TERM LAURA SWOPE Defendant CIVIL ACTION-LAW IN CUSTODY ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Plaintiff, Jeffrey Swope, in the above-captioned matter. Respectfully submitted, DATE js [?2110+ ABom&KUTULAKi4 LLP Michelle L. Sommer, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 93034 IV CERTIFICATE OF SERVICE AND NOW, this day of 2007, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Suzanne Spencer-Abel, Esquire 22 East Street, #6 Mt. Holly Springs, PA 17013 Respectfully submitted, Abom & Kutulakis; L.L.P. Michelle L. Sommer, Esquire Attorney ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 N a ? 4a :fly' W ? rri 3 C ? TAB OM & LITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South I Ianover Street Carlisle, Pennsylvania 17013 (717) 249-0900 JEFFREY SWOPE Plaintiff VS. LAURA SWOPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-5793 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 4' day of June, 2007, comes the Petitioner, Jeffrey Swope, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTUL.AKIS, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The petition of Jeffrey Swope, Plaintiff, respectfully represents that on May 9, 2006, an Order of Court awarding full legal and physical custody to Father was entered by the Honorable M.L. Ebert, Jr., following a hearing. (A copy of the May 9, 2006, Order of Court is attached hereto as `Exhibit A?. 2 2. At the hearing before judge Ebert, Mother was ordered and directed to undergo a psychiatric evaluation due to her erratic behavior while testifying. 3. Mother/Defendant had filed a Motion to Modify Custody, and a conciliation conference was held on January 8, 2007. 4. On January 22, 2007, an Order of Court scheduling a custody hearing on Mother's Motion to Modify Custody was entered, and also provided Mother with custodial time around her work schedule. (A copy of the January 22, 2007, Order of Court is attached hereto as `Exhibit B?. 5. A hearing on Mother's Motion to Modify Custody was held on June 1, 2007, and her motion was subsequently denied. 6. In conjunction with the litigation regarding custody, Mother was ordered to undergo a follow-up psychiatric evaluation. 7. Mother underwent a follow-up evaluation by John Hume, M.D., J.D. on April 25, 2007. 8. Dr. Hume diagnosed Mother with Adjustment Disorder with Mixed Emotional Features and Paranoid Delusional Disorder, and recommended that she be treated with counseling and psychotropic medication. 9. At the hearing on Mother's Motion to Modify Custody, the child, Samantha Swope, advised This Honorable Court that she does not want to have contact with her Mother at the present time. 10. Samantha advised This Court that she is afraid of her Mother. 3 11. Samantha would like custody with her Mother to cease until her Mother undergoes a combination of counseling and medication to treat her disorder. 12. It is believed and therefore averred that Mother will relocate with the minor child, if awarded custody, and does not have the means or ability to support herself or the child. 13. It is believed and therefore averred that Samantha is presently in a safe and stable home where she is thriving. 14. It is believed and therefore averred that Mother does not have a permanent residence at all. 15. It is believed and therefore averred that Mother's mental health is deteriorating. 16. Samantha has previously been tutored and counseled by George C. Bradley, Esquire, who drafted a report of his observations and history of Samantha's improvements since living with her Father. (A copy of the May 30, 2007, report from George C. Bradley is attached hereto as `Exhibit C?. 17. It is believed and therefore averred that it is in Samantha's best interests to have no contact with her Mother until such time that her mother enrolls in and successfully completes mental health counseling. 4 WHEREFORE, Petitioner prays that This Honorable Court grant his Petition for Special Relief and award him sole physical custody and sole legal custody of the minor child, Samantha Swope. Additionally, once Mother enrolls in counseling she may petition the court for supervised visitation. Respectfully submitted, DATE Ole ?ilol ABOar & %UZVZ.AxzS, L.L.P. Kara W. Haggerty, Egoib Attorney ID No. 869 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 5 JEFFREY SWOPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V 00-5793 CIVIL TERM LAURA SWOPE, CIVIL ACTION - CUSTODY Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, this 9th day of May, 2006, following hearing in the above-captioned matter, it is hereby ORDERED AND DIRECTED that full legal and physical custody of the child, Samantha P. Swope, born January 6, 1994, is hereby awarded to the plaintiff, Jeffrey Swope, pending further Order of Court. It is ORDERED AND DIRECTED that the defendant undergo a psychiatric evaluation by a psychiatrist appointed by the Court. Upon completion of the psychiatric evaluation,the Court being assured of the mother's mental fitness, the mother shall have daytime custody of the child at least two weekends per month. These weekends will be arranged according to her schedule with at least two weeks prior notice to plaintiff. The psychiatric evaluation shall indicate whether Laura Swope suffers from any disorder that would negatively impact her ability to exercise her parental responsibilities during overnight partial custody of her daughter. r 1Xara W. Haggerty, Esquire For the Plaintiff Ara Swope J 19617 Meridian Street Cornelius, NC 28031 By the Court, N\ _t C" ? M. L. Ebert, J J. :mtf 06 1%. >\P JAN Q 8 2007 p? LAURA SWOPE, P IN THE COURT OF COMMO E S OF Plaintiff CUMBERLAND COUNTY, PE + V ANIA ? v CIVIL ACTION - LAW r 1 JEFFREY SWOPE, ,l : NO. 00-5793 a `? o ? Defendant : IN CUSTODY • COURT ORDER '' ` AND NOW, this day of January, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Con. Room No. 5 of the Cumberland County Courthouse on the day of , 2007 atq 3? m. At this hearing, the mother shall be the moving party and all proceed initially with testimony. Counsel for the parties shall file with the urt and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of May 9, 2006 shall remain in effect such that mother shall have daytime custody of the minor child, Samantha P. Swope, born January 6, 1994, in accordance with the May 9, 2006 Order. Custody shall be handled with mother notifying father preferably by Sunday of each week as to what her work schedule will be the following weekend. If she has the full weekend off, she can exercise custody for the full weekend which would be overnight if she is residing with her sister and the sister will be available. If the sister is not available, custody should be just during the day on each weekend. Alternatively, if the mother only has one day off on a weekend, the parties shall work S1jl between themselves to schedule time for the mother on that particular weekend. If mother's work schedule is that she is only getting one day off per weekend, mother's custody shall be for every weekend limited, however, to only one day on the weekend rather than every weekend for two days. This provision is subject to any schedule the father may have for family events or other matters. Absent some other agreement between the parties, transportation for exchange of custody shall be shared with the parties meeting halfway between father's home and mother's home at the K-Mart in Shippensburg. 3. Mother shall enjoy reasonable telephone contact with the minor child. 4. Neither party shall discuss the custody proceedings with the minor child and both parties shall insure neither themselves or anybody with them in the child's presence makes any disparaging remarks concerning the other parent. BY THE COURT, -A. plav A. Judge . 11 bert, Jr. cc: Suzanne Spencer Abel, Esquire Kara W. Haggerty, Esquire and he reel o, LAURA SWOPE, Plaintiff v JEFFREY SWOPE, Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 00-5793 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 child who is the subject of this litigation is as follows: Samantha P. Swope, born January 6,1994. 2. A Conciliation Conference was held on January 4, 2007, with the following individuals in attendance: The mother, Laura Swope, with her counsel, Suzanne Spencer Abel, Esquire, and the father, Jeffrey Swope, with his counsel, Kara W. Haggerty, Esquire. 3. This case was before Judge Ebert in May of 2006 at which time he held a hearing and awarded primary custody to the father. The Court Order also directed that the mother have a psychiatric evaluation and that the mother would have daytime custody of the child on at least two weekends per month if the evaluation suggested that there was no problems with the mother that would interfere with such custody. At the time of the hearing in May of last year, the mother resided in North Carolina and the father resided in Franklin County. The mother has since relocated to Cumberland County and has been unable to reach an agreement with the father relative to custody on the weekends. Mother suggests that a psychiatric evaluation has been completed and counsel for the mother will provide counsel for the father with a copy of that report. 4. The mother is looking for overnight custody at this time. Father is unwilling to provide overnight visitation. A hearing is necessary. The Conciliator is not prepared to recommend overnight visitation in light of the circumstances of this case. However, the two weekends per month with daytime custody should be implemented in accordance with the prior Order. 5. The Conciliator recommends an Order in the form as attached. January 8 2007 H"ubcrt X. Gilroy, Esqui Custody Conciliator / GEORGE C. BRADLEY, ESQ. ATTORNEY & COUNSELLOR-AT-LAW 1215 SADLER DRIVE CARLISLE, PA 17013 717-245-2839 ADMrrrED To ALL 717-350-6664 NEw YORK GEORGECBRADLEY@ AND EARTHUNK.NET FEDERAL COURTS Hon. Kevin Hess Cumberland County Court House 1 South Hanover Street Carlisle, PA 17013 Re: Samantha Swope Dear Judge Hess: May 30, 2007 I write this report at the request of, and on behalf of Samantha Swope. My wife Connie and I first came to know Samantha two and a half years ago when she was in the fifth grade at Mooreland School, where my wife works as a teacher's aide. Samantha was doing very poorly while there, and my wife offered to tutor her and a friend, Lauren Hyndman, after school. I ended up doing quite a bit of the tutoring, and thus befriended Samantha. She ended up on the honor roll, graduated from Mooreland, and attended Lamberton Middle School. My wife and I continued to work with the girls the following year. Early in 2006, Samantha became very worried about her mother's behavior, and asked me (and many other people) for help. I was glad to step in, and ultimately to help her be placed in the custody of her father, Jeffery Swope, with whom she now resides. I testified on Samantha's behalf before Judge Ebert at the hearings held in this matter last spring. Sam now lives with her father, Jeffrey Swope, and his significant other, Teresa, near Spring Run, Pennsylvania. They provide. Samantha with a comfortable home, and, most importantly, with a calm, stable and safe environment where Sam feels secure. I have visited the home regularly over the course of the past year, and the living conditions are consistently as described. Sam's descriptions of her relationship with her father and Teresa are consistently positive. She obviously receives a great deal of positive parenting from them, and is doing well in their care. She enjoys her new life, has made many new friends at her new school, and has, when able, begun to attend church and to make friends there as well. (Sunday visits with her mother have at times cut into the ability to get to church). I have always marveled at Sam's innate sense of self- preservation, as did the teachers and aides at Mooreland. She is usually cheerful and very pleasant to be around, but she is also very savvy about her surroundings and is quick to seek help if she fells she needs it. Such was the case in the early months of 2006, when her mother sold her home in Carlisle and announced that she was taking Sam to New York City, where she (Laura Swope) was going to begin a career selling real estate. She had the car packed, but had no job lined up, no place to stay arranged, no school for Sam, and just before leaving asked me if I thought it would be a problem if she parked her car, packed with everything she owned inside or tied to the roof, on the street until she found a Manhattan apartment. Sam was justifiably frightened by this prospect and sought help from her father, from me, and others. I first got to know Jeffrey Swope at that time. He has a sincere belief that usually girls are best off being raised by their mother, and for that reason he had not sought to take custody of Sam before he became aware of Laura's aberrant behavior and decisions. Laura made his visitations with Samantha so painful, that to avoid the arguments and verbal abuse he received, he had stopped visiting Sam for about a year before he filed a petition to gain custody. He and Samantha had kept in regular touch by phone, and my wife and I always heard Samantha speak highly of Jeff during this time. Samantha obviously understood the roadblocks Laura created over the issue of visitation, and did the best she could to cope under the circumstances. Jeff has an obvious love and concern for his daughter. He appears kind and patient with her when I am around, and Sam confirms that this is the case when she is alone with him at home. Samantha also has an obvious admiration for Teresa, who acts as her step-mother, and they have developed a warm relationship. Laura, on the other hand, has done numerous things that have placed a continued and increasing strain on her relationship with Samantha. Laura is unable to accept the fact that Sam is happy living with her father, or to accept the fact that this may be the best place for her daughter at the present time. Ever since Samantha was placed with her father, Laura has fought the decision both in court as often as allowed, and much more frequently on a personal level with Samantha. Beginning a year ago when Jeffrey Swope was first awarded temporary custody, Laura frequently called Sam, sometimes as often as two or three times a week. As described to me by Samantha, all of these calls follow a similar pattern. Laura will demand to know why Sam wants to continue to live with her father. When she is told why, Laura loses her temper and the conversation quickly deteriorates into an argument that leaves Samantha noticeably upset. Jeff has stepped in and told Laura the calls would have to stop because they were upsetting Sam. On the occasions when Sam has gone with her mother for an overnight, Laura does not use the opportunity to demonstrate love and concern for her daughter, or as an opportunity for Samantha to enjoy her company. The visits follow a pattern similar to those of the telephone conversations, deteriorating into arguments after Laura disparages Jeff and Teresa, or when she questions Samantha's obvious, and justifiable, desire to stay with her father. Sam has told me that she would rather not spend time with her mother precisely because of this pattern of behavior. I think it would be in Samantha's best interest for the court to not require her to spend time with her mother. Over the course of the past year, I have asked Sam if she is afraid of her mother. The answer has varied. Initially, she said yes, because she has witnessed 2 the physical altercations Laura has had with Samantha's older sister, Robbie, (which were so upsetting for Samantha that she would have to leave), and because on one occasion (and apparently only one) Laura has struck Samantha in the face. Most recently, when I asked Sam if she was afraid of her mother, she said no, she wasn't, "because I'm her size." I did not find that reassuring. Laura has exhibited other problems that are of obvious concern to Samantha. Samantha reports that Laura talks to herself a lot, and she has a well-developed fantasy life with NASCAR driver Jeff Gordon. (I witnessed her testimony in court last spring, when she stated that Mr. Gordon had come to Carlisle to help her through an abortion). Last year, Laura took Sam for a weekend, which was spent living out of her car while attending a NASCAR race in Tennessee pursuing Mr. Gordon. Sam reports that she did struggle somewhat in school this year, especially in math and science (just as she did in 5t' grade), but that even those grades have come up into the B range in recent weeks. She continues to enjoy her life with Jeff and Teresa, continues to make friends, participates in the school chorus, and rides the neighbor's horses. In her father, she finds a friend and a confidant, who obviously makes her feel loved. In Teresa, she has a good friend, perhaps more. In her mother, she finds someone who constantly questions her judgment, who berates the other people she cares about, who sometimes berates her, and who is incapable of putting her daughter's cares, concerns, wishes and best interest ahead of her own desires and fantasies. Samantha continues to feel threatened by the possibility, however remote, that she might be forced to again live with her mother, Laura. Laura's behavior, (her continual berating of Jeffrey Swope and Teresa, and her continued attempts to say and do things that will result in Samantha changing her mind and return to live with her), is called "coercion" by psychologists, and it is considered a form of mental and emotional abuse. As evidenced here by Sam's reactions, at the very least this behavior can cause emotional distress for Samantha. Continued attempts by Laura to break down the relationship Samantha enjoys with her father, or to make her feel responsible for the deteriorating relationship she has with Laura, can have a significant, detrimental, long-term impact on Samantha if allowed to continue. It needs to stop. It is extremely beneficial for a child to have and build a relationship with her father. A great quantity of psychological research has been published in the last two decades that thoroughly documents the benefits of a healthy father-child relationship. As a general rule, children better learn empathy from their fathers than their mothers. Also as a general conclusion, children who reside with their fathers have fewer problems overall, and have a higher quality of mental well-being than do children in maternal custody. Of course, ideally a child benefits the most from healthy relationships with both parents. Here, Jeffrey Swope has developed a very healthy relationship with his daughter, and he has done everything anyone might reasonably expect to help Samantha have a similar relationship with her mother, Laura Swope. Laura, on the other hand, has done everything she can to hinder the relationship between Samantha and her father, and she has been coercive in her attempts to undermine it. 3 Samantha is a very well-adjusted child dealing with a very difficult parent. It would be my recommendation to the court that Samantha remain in the custody of Jeffrey Swope, and that she be allowed to determine whether or not she spends any time with her mother, and how much time that amounts to. I am confident that if Laura Swope creates a warm and loving atmosphere for Samantha to enjoy, Samantha will spend more time with her, and everyone will benefit. If Laura needs counseling to reach that goal, she should get it. She should also get counseling about her coercive attempts to interfere with Samantha's relationship with her father. This is a problem Laura Swope has created for herself. It is up to her, not Samantha, to solve it. In my opinion, Samantha at the present time does not need counseling to help her deal with the situation; all she needs is for Laura to stop behaving as she has, or, in the alternative, she should be protected from any further exposure to this behavior. Also, Samantha should also be made to feel safe and secure in the knowledge that she will not be forced to leave a home in which she has found the sense of security that all children deserve. For Samantha's benefit, these constant attempts by Laura Swope to change the existing order of custody should be stopped, to the extent the law allows, and that threat ended. Finally, Jeffrey has given Laura the chance to be a good mother and to keep and maintain a good relationship with her daughter. Laura needs to do the same, and to fully accept the responsibility she bears for straining and weakening her relationship with her daughter. Laura Swope needs to recognize the obligation she has to respect the relationship her daughter has with her father, and to nurture that relationship rather than disparage it. She should be enjoined from saying or doing anything in Samantha's presence that disparages Jeffrey Swope or Teresa. I have no stake in this matter other than my concern for Samantha Swope. 4 CERTIFICATE OF SERVICE AND NOW this day of--J V'? 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Laura Swope 347 Old Stonehouse Road Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulakls, L.L.P. Kara W. Haggerty, Attorney ID No. 86 1 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 6 ? n ,40 ? rr? ` r-s1 r --- ' rt 1 ?' to =? LAURA SWOPE, Plaintiff VS. JEFFREY SWOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-5793 IN CUSTODY IN RE: PLAINTIFF'S MOTION TO MODIFY CUSTODY ORDER AND NOW, this !2 day of June, 2007, the motion of the plaintiff for modification of custody is DENIED and the existing custody order in this case is ratified and confirmed. BY THE COURT, Kevin,y. Hess, J. Suzanne Spencer Abel, Esquire For Laura A. Swope Kara Haggerty, Esquire 10 7 For Defendant Swope :rlm r ?v CO !. co _.i ;ate }.L ? J N JEFFREY SWOPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-5793 CIVIL ACTION LAW LAURA SWOPE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 18, 2007 , 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 Friday, June 29, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. _#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 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 i j 7 1 :11 Hj 9 1 M LOR 11 - JUL 0 2 2007 lq? JEFFREY SWOPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LAURA SWOPE, NO. 00-5793 Defendant IN CUSTODY COURT ORDER AND NOW, this day of v , 2007, upon consideration of the attached Custody Conciliation report, the prior Orders of Custody entered in this case are vacated and replaced with the following Order: 1. The father, Jeffrey Swope, shall enjoy legal and primary physical custody of Samantha P. Swope, born January 6,1994. 2. The mother, Laura Swope, shall enjoy periods of temporary custody with the minor child as follows: A. On alternating Sundays from 12:30 p.m. until 3:30 p.m. This alternating schedule shall commence on July 8. Father shall handle transportation for exchange of custody on these days B. At such other times as agreed by the parties. 3. In the event either party wants to bring this case before the Custody Conciliator again for review, legal counsel for that party may simply contact the Conciliator directly to schedule a telephone conference between the two attorneys and the Conciliator. BY THE COURT, Judg . L. Ebert, Jr. cc: Suzanne Spencer Abel, Esquire b Kara W. Haggerty, Esquire A zn'L ?? d 7.16 F:\FII.ES\GeneralkCurrent\12321\12321.Swope v Swope Conciliation Report and Order ??w L ?V r 01 s?C1 IZ r JEFFREY SWOPE, Plaintiff v LAURA SWOPE, Defendant Prior Judge: M. L. Ebert, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-5793 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 child who is the subject of this litigation is as follows: Samantha P. Swope, born January 6,1994. 2. A Conciliation Conference was held on June 29, 2007, with the following individuals in attendance: The mother, Laura Swope, with her counsel, Suzanne Spencer Abel, Esquire, and the father, Jeffrey Swope, with his counsel, Kara W. Haggerty, Esquire. 3. The parties agree to the entry of an Order in the form as attached. DATE: ?l Hubert X. Gilroy, Esquire Custody Co ciliator JUL 2 7 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURA SWOPE, Petitioner V. ARCHIE T. STROUD, III, Respondent 91-1344 CIVIL TERM CIVIL ACTION - CUSTODY LAURA SWOPE, Petitioner 00-5793 CIVIL TERM v. CIVIL ACTION - CUSTODY JEFFREY SWOPE, ; Respondent ORDER of COURT AND NOW, this 2 7' day of ? , 2007, upon consideration of the Motion of Suzanne Spencer Abel, Esquire, to withdraw as counsel of record for Petitioner, Laura Swope, Suzanne Spencer Abel, Esquire is hereby withdrawn as counsel of record. , J. BY THE COURT: /