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HomeMy WebLinkAbout04-2033 KRISTIE R. SWARTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. D" - )...0 33 Civil Term DAVIDL. SWARTZ, Defendant : ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM! RIGHTS You have been sued in Court. If you wish to defend against th,~ claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 KRISTIE R. SWARTZ, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 'I. ;t 0 33 Civil Term DAVID L. SWARTZ, . Defendant : ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Kristie R. Swartz, a competent adult individual, who resides at 50 North Mountain Road, Newville, Cumberland County, Pennsylvania, 1724 I. 2. Defendant is David L. Swartz, a competent adult individual, who has resided at 697 Burnheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania, 17013, since February I, 2004. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on Sepilember 25, 1999 in Mount Holly, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together, namely Devon Lee Swartz, date of birth, June 29, 2000. 8. Plaintiff and Defendant are both citizens ofthe United States of America. 9. Neither Plaintiff or Defendant are a member of the Aimed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this a<:tion is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. COUNT II - CUSTODY I 1. Items 1 - 10 are herein incorporated by reference. 12. The parties are the natural parents of Devon Lee Swartz, date of birth, June 29, 2000. 13. Plaintiff has filed a custody petition under the above-captioned docket number. WHEREFORE, Plaintiff is requesting this Honorable Court to enter a custody order regarding the minor child. Date: S . <; . 'Lj J Adams, Esquire J.D. No. 79465 36 outh Pitt Street lisle, Pa.. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. mo Ie iE2 ik1 "1<;/4 ~~ ~ '-l ~ 'l-' \)\ <' '" " " ~ (') '" c = 0 ~ "''' J:- -n '1J~r :J: -l j :to_ -r .~.- -< fri:D ~i,[;';. r- I -om r:':' ~-"- U1 :,~c;:; . ~... \, ' 0' il5~~' -0 -,0 '" ~ ::J:: ;S=T1 " . i35.~1 <:> '" '- -. .r:- ;;.;: :t '-Cl =<! 'c-f ~ ~ <:::> ;;... 6 ~ U1 :~ " t :"- ~ 1 KRISTIE R. SWARTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COU"ITY, PENNSYL VANIA vs. : No. 0'1- ;2.033 Civil Term DAVID L. SWARTZ, Defendant : ACTION IN DNORCE PETITION FOR CUSTOm~ I. Plaintiff is Kristie R. Swartz, who currently resides at 50 N. Mountain Road, Newville, Cumberland County, Pennsylvania, 1724 I. 2. Defendant is David L. Swartz, who currently resides at 697 Burnheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks primary custody of the following child: NAME DOB ADDRESS Devon Lee Swartz 6/29/00 50 N. Mountain Road Newville, Pa. 17241 The child was born in wedlock. Father and mother currently share legal custody of the child and Mother has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Kristie R. Swartz David and Judy Baker (maternal grandparents) SO N. Mountain Road Newville, Pa. 1724 I February 1,2004 - present Kristie R. Swartz David L. Swartz David and Judy Baker (maternal grandparents) 50 N. Mountain Road Newville, Pa. 1724 I 2002 - February 1,2004. Kristie R. Swartz David L. Swartz Paulsboro, New Jersey 2002 Kristie R. Swartz David L. Swartz Shermansdale, Pa. 2001 The mother of the child is: Kristie R. Swartz, currently living at 50 N. Mountain Road, Newville, Pa. 1724 I. She is married to David L. Swartz. The father ofthe children is David L. Swartz, currently residing at: 697 Burnheisel Bridge Road, Carlisle, Pa. 17013. He is married to Kristie R. Swartz. 4. The relationship of plaintiff to the child is that of Molher. The persons that the Plaintiff currently resides with are: her parents, Judy and David Baker, and the child. 5. The relationship of defendant to the children is that of Father. The defendant currently resides with: her brother, Shane Swartz, his brother's girlfriend, Jen Shirely, her child, Shanta Shirely, as well as two nieces, Brittany and Destiny Swartz. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who "claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Mother has been the primary caretaker of the child and the child has lived at the N. Mountain Road residence for over two vears. Mother believes that it would be in the best interest ofthe child to enter an order which maintains the current situation and would ensure stability for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child. Date:,. .~ y ....., - S - ( VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: r-".5'1 / 0 "" ~ = c: = tt; .c- " :::r :J!,'n ...,., :a.. , ro-.., -< r- '!..... "0 rn 0) I C"',? C.J1 dO r:: ::;:1-1', ~~- '"'tJ , (,) "" ';...0' ;.-; ::1',' '::0- R ;;-::.' C l:j rn J... , .c- ; ?~ ':::;,. a ~1J ""- co -0;; KRISTIE R. SWARTZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CIJMBERLAND COUNTY, PENNSYL VANIA v. 04-2033 CIVIL ACTION LAW DAVID L. SWARTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 01, 2004 at 9:30 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 existin!: Protection from Abuse orders, Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl Tacqueline M. Verney. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 .~ L;.1171 fp --:~~ ,~J9'{/--> .. ~ :2 ~ ~~ At7-E/- ~ ~p"~ ~4? ~AI?8:-F v'jt\1\iAl,\'8NN~d A"'n~'" -,. ,.. U' ,.." '..~' ,'-r,..',,"' 'I '..."',.' \.':'i',' 't<-]t1t'lH hJ CS :21 !,Id 81 ,WW ~OOl ),tj'q'100!OHJ.Odd 3Hl .'0 r'1J"'U"l :J :J,L'v-cJ31l-J KRISTIE R. SWARTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; No. D'1- a. o3:S Civil Term DAVID L. SWARTZ, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this May 1 1,2004, I, Jane Adams, Esquire, hereby certify that on May 10, 2004, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE and CUSTODY COMPLAINT were served, via certified mail, return receipt requested, addressed to: David L. Swartz 697 BurnheiseI Bridge Road Carlisle, Pa. 17013 DEFENDANT Q Adams, Esquire No. 79465 3 South Pitt Street Carlisle, Pa. 17013 (7 I 7) 245-8508 ATTORNEY FOR PLAINTIFF o c:: di~ ",;-.' -.-,. <:6 -< r::: ,- ~8 Z" =i -< '--:0 = = .r- ::J: :>> -< Q. -i ::c r'-lp -om :nO 01 --Ie> =r::::....., _:j:O ::;~.:fT1) o. -, :!':; _A~ ......;;, c..> v :J.; r:y o .~ ~~:rt~(l <~'p. \ ")b\~ ':~"4iEi::';;'i..l'::::~\'~i, IVERY = ~, \! 3. service Type . Certified Mall o Registered o Insured Mall o Expre1lSMall o Return Receipt for Merchandise,';' o C.O.D. ~- 4. Restricted Delivery? (Extra FI~) · Yes 7003 1010 0004 7818 b558 Domestic Return Receipt 102595.o2.M.1540 , UNITED STATES POSTAL SERVICE 1/1/1/ First-Class Mall ~ & Fees Paid Usps Pennit No. G-l0 . Sender: Please print YOur name, address, and Z/P+4 In this box . ~ S~ s. PdtSt- ~I PA ll()l~ KRISTIE R. SWARTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. O\.{ - ~o3::' Civil Term DAVIDL. SWARTZ, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this May 18, 2004, I, Jane Adams, Esquire, hereby certify that on May 15, 2004, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND CUSTODY COMPLAINT were served, via certified mail, return receipt requested, addressed to: David L. Swartz 697 Bumheisel Bridge Road Carlisle, Pa. 17013-9087 DEFENDANT R"p'''fuUy a;t/~ J Adams., squire . . No. 79465 36 outh Pitt Street isle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 0 ...., c = 0 ..;: = J..- -'-1 ;l:~~ ::1: ...... :;:;,. .. -< ffil~=: -0 1T1 ill ::,)C""J C)(l -0 :--J--t ~l_-r-' ~~~: :::: ;;:c":; :":j w (.jr;'l --I -0: u) ~~O -.J -< . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallpiece, or on the front If space permits. ~~oo~o:. 5w~ (Pql'~vrfl~Bn~ e~ ~lfA \lol~-9D<6l _I _ .ivm,~$"';w~':f,: slivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type . Certlfloo Mall 0 Express Mall CJ RegIstered 0 RetlJrn Receiptfor Merchandise o Insured Mail 0 C.O.D. 4. RestrIcted Delivery? (Extra I~) 0 Yes 2. Miele Number (Transfer from service label) PS Form 3811, August 2001 7003 1010 0004 7818 6589 DomestIc Return Receipt 102595-0?-~' H ,-it} 'II~I FirSt-Class Mail Postage & Fees Paid USPS Pennn No. G-l0 UNITED STATES POSTAL S;~>, " ~; . Sender: Please priflf~8urhame, acdmss, and ZIP+4 in this box' "3' OvvVL AJ CNyV\..~- ~lo ~ p',1t Sf: GvvGS\e. )fl't no\3 is 1."111".111"""11,,11,,,11,,.1.1,,1,\,1.1,1.1,,1,1,,1,,1.1 ,; U JljtN () 1 2004 y . KRISTIE R. SWARTZ, Plaintiff : IN THE COURT Ol? COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2033 CIVIL TERM DAVID L. SWARTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ~ AND NOW, this ~ day of consideration of the attached Custody Con follows: , 2004, upon Iiation Report, it is ordered and directed as 1. The Mother, Kristie R. Swartz and the Father, David L. Swartz, shall have shared legal custody of Devon Lee Swartz, born June 29, 2000. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including;, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall have shared physical custody of the Child on the following schedule: A. Father shall have physical custody ofth,~ Child beginning June 3, 2004 from Thursday at 2:30 p.m. to Sunday at 12:00 noon on an alternating weekend schedule. B. Father shall have physical custody ofthe: Child every Monday through Thursday from 2:30 p.m. to 12:00 midnight. C. Provided Father gives Mother 7 days prior notice, he shall have physical custody on the off Sunday from 12:00 noon to 6:00 p.m. D. Mother shall have physical custody ofthe Child at all other times unless set forth hereinafter or as otherwise agreed by the parties. 3. Holidays: A. Mother's Day/Father's Day: Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day, both from 9:00 a.m. to 6:00 p.m. B. The parties shall share other holidays as agreed. 4. Each party shall be entitled to two unintemlPted non-consecutive weeks of custody provided they give the other party 30 days prior notice. 5. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. If the Child is to leave the jurisdiction temporarily for vacation or other visits, the custodial parent must provide a telephone number and location of the Child to the non-custodial parent. 6. Transportation shall be shared such that the Monday to Thursday exchanges shall occur at the livestock market on Alexander Spring Road in Carlisle. The Sunday 12:00 noon exchanges shall occur at a location midway between the parties' homes. Father shall transport both ways on the Sunday 12:00 noon to 6:00 p.m. periods. Child. 7. Both parties shall enjoy liberal, but reasonable telephone contact with the 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 1. c~e Adams, Esquire, Counsel for Mother ~avid L. Swartz, pro se 697 Burnheisel Bridge Road Carlisle, PA 17013 >~ ~ () Lo -/0 -0 f JUN 0 1 ZOO. f KRISTIE R. SWARTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2004-2033 CIVIL TERM DAVID L. SWARTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Lee Swartz June 29, 2000 Mother 2. A Conciliation Conference was held in this matter on June 1,2004, with the following individuals in attendance: Mother, Kristie R. Swartz, with her counsel, Jane Adams, Esquire and David L. Swartz, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Ie - / -01 Date ~f1,~ iacq line M. ';;;rney, Esquire' Custody Conciliator .' -~ 'tj:1\\/SIFS\!r.J::2d 1 I "r-.~'" . '-'~'n'" I\Ll\1 j_,} :1~ ,H v l. Z :Ol \r:J 0 I iTir 11GQZ ),U'/l'-.::i-.'i'::'i-;lO'dd 3Hl jO :~i',::,\.j:o-oJl\:\ KRISTIE R. SWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 2033 Civil Term DAVID L. SWARTZ, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 3301(c) ofthe Divorce Code was filed on May 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. ] verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relatin to unsworn falsification to authorities. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: r~ '/ S' .0 LI WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330\(e) AND ~330Hd) OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. Date: (i)-Ii) 0 (;/ "', \","..1 " (..- :..-'" .) ," c- ~l :.~,- ~. 0... - KRISTlE R. SWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 2033 Civil Term DAVID L. SWARTZ, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 330 I (c) of the Divorce Code was filed on May 5, 2004. Date: /0)'7 . Del 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verilY that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. DaVI WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330l(c) AND ~330l(d) OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice. 2. [understand that [may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. [understand that [ will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verilY that the statements made in this affidavit 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. --=+ (1 Date: 1~'/5 O\.I -" \ \ ~ -==::c..~ David L. Swartz,~t ('J .-:-?, < ~>~ ,. -1 '-' ~i~.: \ -".\ '-' ...'.'..,.:..., "'-"" (.:: KRISTIE R. SWARTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04 - 2033 Civil Term DAVID L. SWARTZ, Defendant : 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: Date: (7/"2,0 (ot dams, Esquire ..1.D. o. 79465 36 . Pitt Street ( C lisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff I. Ground for divorce: irretrievable breakdown under &330l( c) ofthe Divorce Code. 2. Date and manner of the service of the Complaint: Delivered bv certified mail. restricted deliverv. return receipt requested on: May 10, 2004. 3. Date of execution of the affidavit of consent required by 330 I (c) of the Divorce Code: By Plaintiff: December 15,2004 By Defendant: December 15, 2004. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in S330l(c) Divorce was filed with the Prothonotary: Contemporaneously with this filing. Date Plaintiffs Waiver of Notice in S330l(c) Divorce was filed with the Prothonotary: Contemporaneously with this filing. ~, .-.~.~~~.~' . ~'+ Of.:+. Of. 'f' Of.:f. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + n+ + Of.'f'Of.:f.~'f':f.Of.Of.+:f.:+'+Of.'f':f.Of.+'f'+'f'~~~~+:f.++++~~+'Of.+.++++++.++.+.++.++.:+.+.++:+.++.++.+++.+~+ + + + . + + + + + + + + + + + + + + + + + . . + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + . + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Kristie R. Swartz, Plaintiff No. 04 - 2033 Civil Term No. VERSUS David L. Swartz, Defendant DECREE IN + + + + + DIVORCE + + , + + + + + + + + + + + + + + + , + + + , + + + + + + + + + + + + + + + , + + + + + + . . + + + + + + + + + . + .. ~ ):3I>f.M . ~(, IT IS ORDERED "'ND AND NOW, :::J~ II Kristie R. Swartz DECREED THAT , PL.AINTIFF, David L. Swartz AND , 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; + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +++++++++++++++++++++++ None. Am"{Ld ~ ( .~ PROTHONOTARY <; " '" + 'f.'l' Of. + . :+.+Of.'l':f.++:f.+.+.+:+'+++++++++++'++++++++'+'+ + :+' +.;!' '" 'lo: + J . ~/ :Z- /'/rvw' r;;fJ>:~/~ v.'''o/v /fL'P .~ /f'(/ :"1-1/ /~? /"F " .., . ),;l [:I / 51] C:/ ./ KRISTIE R. SWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2033 CIVIL TERM DAVID L. SWARTZ , Defendant IN CUSTODY r U7? ? ':3?J PETITION TO MODIFY CUSTODY C? w -?> .q C: I. Petitioner is David L. Swartz, who resides at 22 Center Street, Mt. Ho r- lly Springs,' Pennsylvania 17065. 2. Respondent is Kristie R. Swartz, who resides at 14 Southside Drive, Newville, Pennsylvania 17241. 3. On June 10, 2004 the Honorable Judge Guido entered the following Custody Order: Attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: (a). The Order of Court entered on June 10, 2004, granted Petitioner custody from 2:30 p.m. to 12:00 midnight every Monday through Thursday. Respondent is not following the Order. (b). The minor child, Devin Lee Swartz has expressed his desire to live with Petitioner. (c). Respondent works 2"d shift and only spends approximately an hour a day with the child and most of the time, Respondent takes the child to her mother's. 5. The best interest of the child will be served by the Court in modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody with Petitioner and liberal visitation in Respondent. ,n Date: Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: S g / f David Swartz JUN 01 2004 ( KRISTIE R. SWARTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2004-2033 CIVIL TERM DAVID L. SWARTZ, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this f pt ay of 2004 ,upon consideration of the attached Custody Con liation Report, it is ordered and directed as follows: 1. The Mother, Kristie R. Swartz and the Father, David L. Swartz, shall have shared legal custody of Devon Lee Swartz, born June 29, 2000. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. following schedule: The parties shall have shared physical custody of the Child on the A. Father shall have physical custody of the Child beginning June 3, 2004 from Thursday at 2:30 p.m. to Sunday at 12:00 noon on an alternating weekend schedule. B. Father shall have physical custody of the Child every Monday through Thursday from 2:30 p.m. to 12:00 midnight. C. Provided Father gives Mother % days prior notice, he shall have physical custody on the off Sunday from 12:00 noon to 6:00 p.m. D. Mother shall have physical custody of the Child at all other times unless set forth hereinafter or as otherwise agreed by the parties. 3. Holidays: A. Mother's Day/Father's Day: Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day, both from 9:00 a.m. to 6:00 p.m. B. The parties shall share other holidays as agreed. 4. Each party shall be entitled to two uninterrupted non-consecutive weeks of custody provided they give the other party 30 days prior notice. 5. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. If the Child is to leave the jurisdiction temporarily for vacation or other visits, the custodial parent must provide a telephone number and location of the Child to the non-custodial parent. 6. Transportation shall be shared such that the Monday to Thursday exchanges shall occur at the livestock market on Alexander Spring Road in Carlisle. The Sunday 12:00 noon exchanges shall occur at a location midway between the parties' homes. Father shall transport both ways on the Sunday 12:00 noon to 6:00 p.m. periods. 7. Both parties shall enjoy liberal, but reasonable telephone contact with the Child. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Jane Adams, Esquire, Counsel for Mother David L. Swartz, pro se 697 Burnheisel Bridge Road Carlisle, PA 17013 'RUE C01 In Testimony whe aV he seal of sa .....1.0...1 d FROM RECORD if, I here unto set my hand Court aA Carlisle, Pa. JUN 01 2GO4 i KRISTIE R. SWARTZ, Plaintiff V. DAVID L. SWARTZ, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2004-2033 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Lee Swartz June 29, 2000 Mother 2. A Conciliation Conference was held in this matter on June 1, 2004, with the following individuals in attendance: Mother, Kristie R. Swartz, with her counsel, Jane Adams, Esquire and David L. Swartz, pro se. 3. The parties agreed to the entry of an Order in the form as attached. t Date r acq line M. Verney, Esquire Custody Conciliator KRISTIE R. SWARTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-2033 CIVIL ACTION LAW ? ? L.., ?i DAVID L. SWARTZ rncu ;r rn =20 c-- MF - DEFENDANT IN CUSTODY 5 E= G? Om 7) CJ ??. r (D , -I 3> c-a r -i ORDER OF COURT =C7 ._ c -.01 -? .73 AND NOW, Wednesday, August 17 2011 ?`' -< , , upon consideration of the attac hed C 1 ' omp amt, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on - Friday, September 16, 2011 at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues inAM dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac uelrne M. Verne Es . 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 I-pePil. cepy rnail?d /V ?f? rho n -/y ea/o Telephone (7I7) 249-3166 to pi Motl zed )6 "P/le r?m?5 p?a?pal . ?, ?f Vern?J s Y, - 6#r11•- 6l/09li? 1114le- 3 KRISTIE R. SWARTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2033 CIVIL TERM DAVID L. SWARTZ, : CIVIL ACTION - LAW • . Defendant , ,,, IN CUSTODY cn N r r r 3 O _ S ORDER OF COURT i ° -T-'T CZ tY <§T AND NOW, this / O da Y otaA&a" 2011 upon , , consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 10, 2004 is hereby vacated. 2. The Mother, Kristie R. Swartz and the Father, David L. Swartz, shall have shared legal custody of Devon Lee Swartz, born June 29, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child during the school year with Father having the following periods of partial physical custody: A. Every Tuesday from after school to 8:00 p.m. Father shall provide all transportation for his Tuesday physical custody. B. Alternating weekends from after school to Sunday between 3:30 p.m. and 5:00 p.m. The parties shall meet at the Newville Exit of I-81 to exchange custody on Sunday. 4. During the summer, beginning the first full day after school ends, Father shall have primary physical custody with Mother having alternating weekends from Friday at 4:00 p.m. to Sunday at 5:00 p.m. Holidays/Vacation: A. Mother's Day/Father's Day: Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day, both from 9:00 a.m. to 6:00 p.m. B. The parties shall share other holidays as agreed. C. Each party shall be entitled to two uninterrupted non-consecutive weeks of custody provided they give the other party 30 days prior notice. 6. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. If the Child is to leave the jurisdiction temporarily for vacation or other visits, the custodial parent must provide a telephone number and location of the Child to the non-custodial parent. 7. Both parties shall enjoy liberal, but reasonable telephone contact with the Child. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE J. cc- cc Vincent M. Manfredo, Esquire, Counsel for Father Adams, Esquire, Counsel for Mother 1eS ) a°? a KRISTIE R. SWARTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2004-2033 CIVIL TERM DAVID L. SWARTZ, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Devon Lee Swartz DATE OF BIRTH CURRENTLY IN CUSTODY OF June 29, 2000 Mother 2. A Conciliation Conference was held in this matter on September 16, 2011, with the following individuals in attendance: Mother, Kristie R. Swartz, with her counsel, Jane Adams, Esquire and David L. Swartz, with his counsel, Vincent M. Manfredo, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated June 10, 2004 providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends. 4. The parties agreed to the entry of an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator