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HomeMy WebLinkAbout06-0941 JESSICA NOTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA d CIVIL ACTION -LAW CUSTODY V. COLLIN SWANGER, Defendant COMPLAINT IN CUSTODY AND NOW, the Plaintiff, Jessica Notz, by and through her attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Jessica Notz, is an adult individual who currently resides at 222 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Collin Swanger, is an adult individual who currently resides at 12 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff seeks partial custody of the following child: Name Present Residence Age Danielle Swanger 222 Texaco Road 8 months Mechanicsburg, PA 17050 DOB 5/22/2005 The child is presently in the custody of her biological mother, Plaintiff Jessica Notz, who resides at 222 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Since birth, the child has resided with the following persons at the following address: Persons Address Dates Mother (Plaintiff) 222 Texaco Road 5/22/2005 to Maternal grandparents Mechanicsburg, PA 17050 present Maternal aunt Maternal uncle The natural mother of the child is Jessica Notz, Plaintiff, currently residing at 222 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The natural father of the child is Collin Swanger, Defendant, currently residing at 12 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with her parents and her sister and brother and the subject child. 5. The relationship of the Defendant to the child is that of natural father. 6. Plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child. (b) Plaintiff has established a close maternal relationship with the child and has been the child's primary caretaker since birth. 9. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that she be granted shared legal and physical custody of her daughter. Respectfully submitted, Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 PA Supreme Ct. ID No. 68735 Dated: b JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW CUSTODY VERIFICATION 1, Jessica Notz, Plaintiff, hereby verify that the statements made in the foregoing Custody Complaint 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: ?- ? U- 130O u Signature: Jess' Notz cl F JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. COLLIN SWANGER DEFENDANT 06-941 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, FebruArX_24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, April 07, 2006 at 9:00 AM fora 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 hearinL+. FOR THE COURT. Bv: _ /s/ Melissa P. Greevg 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 IIELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A? 13C JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant VR Ll](J6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-941 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this. day of April, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jessica Notz and Collin Swanger, shall have shared legal custody of the minor child, Danielle Swanger, born May 22, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing April 10, 2006, each Monday from 10:00 a.m. until Tuesday at 5:00 p.m. B. Commencing April 14, 2006, from Thursday at 10:00 a.m. until 4:30 p.m. C. And at such other times as the parties agree. 3. Transportation. The parent relinquishing custody of the child shall be responsible for providing transportation arrangements incident to the custodial exchange. 4. Holidays. Parties shall share custody during holidays by their mutual agreement. 5. Vacation. Father shall have custody for vacation June 10, 2006 through June 17, 2006. Mother shall have vacation from July 16, 2006 through July 21, 2006. NO. 06-941 CIVIL TERM 6. Notwithstanding the above, Father's exercise of custody for his 2006 vacation shall be contingent upon his consistent exercise of the partial custody schedule as provided in this Order. However, the parties are expected to provide each other with makeup time in the event that illness or other unexpected urgent situations make them unavailable to exercise periods of custody. 7. The parties shall be entitled to daily telephone contact during each other's respective vacation periods. 8. Vacations in Subsequent Years. Each parent shall be entitled to one (1) week of uninterrupted custody for purposes of vacation each year upon thirty (30) days notice to the other parent. BY J. Dist: anne B. Costopoulos, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 Mane Dils, Esquire, 1400 North 2ntl Street, First Floor Front, Harrisburg, PA 17102 V ?V 0VOD ,?,_ .. _. ?._ JESSICA NOTZ, Plaintiff 4PR I 1 2006 I 7' IN THE COURT OF COM ' -PtEASOT ?--? CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-941 CIVIL TERM V. COLLIN SWANGER, Defendant 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 THE CUSTODY OF Danielle Swanger May 22, 2005 Mother 2. Mother filed a Complaint for Custody on February 17, 2006. The Custody Conciliation Conference was convened on April 7, 2006. Attending the Conference were the Mother, Jessica Notz, and her counsel, Jeanne' B. Costopoulos, Esquire; the Father, Collin Swanger appeared and was represented by his counsel of record, Diane Dils, Esquire. 3. The parties reached an agreement in the form of an Order a ttached Date 191-eliss Peel Greevy, Esquire Custody Conciliator ead:273194 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Collin Swanger JESSICA NOTZ, Plaintiff/Respondent Vs. COLLIN SWANGER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-941 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, this day of October 2006, comes the Petitioner, Collin Swanger, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is Collin Swanger, the Defendant above-named, an adult individual who is currently represented by Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, First Floor, Front, Harrisburg, Pennsylvania 17102. 2. The Respondent is Jessica Notz, the Plaintiff above-named, an adult individual currently resides at 222 Texaco Road, Mechanicsburg, Cumberland County, PA 17050. The Respondent had previously been represented by Jeanne B. Costopoulos, Esquire, and most recently your Petitioner received a letter from Mid Penn Legal Services on behalf of Ms. Notz. 3. Your Petitioner and the Respondent are the natural parents of one child; namely: Danielle Swanger, born May 22, 2005. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated April 24, 2006, setting forth the custodial periods of the minor child. 5. The Respondent, Jessica Notz, has denied all contact between your Petitioner and the minor child for a period in excess of four (4) weeks. 6. Since the Order was entered in April of 2006 the Respondent has failed to deliver the minor child as required to your Petitioner indicating certain excuses such, as the child is sick, alleging the Petitioner looked sleepy, or simply did not show. 7. The Respondent has caused letters to be forwarded to the Petitioner alleging that he is threatening and harassing her and indicating that there should be no contact by the Petitioner to the Respondent. 8. The Respondent, through her letters to the Petitioner, alleges consequences of physical abuse, harassment and stalking. 9. Your Petitioner has never been violent toward the Respondent. 10. The Respondent is interfering with the relationship between the minor child and your Petitioner. 11.Your Petitioner work schedule has changed since the Order was entered and is available to be with his child every week from Sunday at 5:00 p.m. until Wednesday at 5:00 p.m. 12. Your Petitioner desires to change the transportation in that he will pick the minor child up at the beginning of his custodial periods and the Respondent should pick up at the conclusion of the Petitioner's custodial periods. 13.Your Petitioner believes a Holiday Schedule needs to be specifically set forth in the Court Order. 14. The Respondent has alleged the Petitioner is drunk and unable to care for the child, said allegations which are unwarranted. It is noted that the custodial periods were to begin in the morning at 10:00 a.m. by the Petitioner. 15. The Order of Court requires make-up time should be available in the event of illness or unexpected urgent situations which make them unavailable to exercise periods of custody. 16. The Respondent has failed to permit make-up time when she has indicated the child is too ill to visit. 17.Your Petitioner requests make-up time with his daughter as a result of the Respondent's failure to comply with the Court Order and denial of all custodial periods. 18.Your Petitioner has been required to expend the sum of $750.00 for the proceeding of this Contempt and Modification of the Order. 19. Your Petitioner requests that your Respondent be responsible for his attorney's fees and costs in proceeding in this matter. 20. The Respondent has willfully violated the Order of Court dated April 24, 2006. WHEREFORE, your Petitioner, Collin Swanger, respectfully prays your Honorable Court to find the Respondent, Jessica Notz, in contempt of the Court Order and to Modify the Court Order as requested herein Respectfully submitted, B Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 LAW OFFICES OF DILS AND DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Collin Swanger JESSICA NOTZ IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-941 CIVIL TERM COLLIN SWANGER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on , the day of , 2006 at in., 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. FOR THE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 • • Exhl b ?f A JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant IT ot/ "n acp?a I APR X006 t3Y=-=--_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-941 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of April 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jessica Notz and Collin Swanger,. shall have shared legal custody of the minor child, Danielle Swanger, born May 22, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing April 10, 2006, each Monday from 10:00 a.m. until Tuesday at 5:00 p.m. B. Commencing April 14, 2006, from Thursday at 10:00 a.m. until 4:30 p.m. C. And at such other times as the parties agree. 3. Transportation. The parent relinquishing custody of the child shall be responsible for providing transportation arrangements incident to the custodial exchange. 4. Holidays. Parties shall share custody during holidays by their mutua agreement. 5. Vacation. Father shall have custody for vacation June 10, 2006 through June 17, 2006. Mother shall have vacation from July 16, 2006 through July 21, 2006. r ` NO, 06-941 CIVIL TERM 6. Notwithstanding the above, Father's exercise of custody for his 2006 vacation shall be contingent upon his consistent exercise of the partial custody schedule as provided in this Order. However, the parties are expected to provide each other with makeup time in the event that illness or other unexpected urgent situations make them unavailable to exercise periods of custody. 7. The parties shall be entitled to daily telephone contact during each other's respective vacation periods. 8. Vacations in Subsequent Years. Each parent shall be entitled to One (1) week of uninterrupted custody for purposes of vacation each year upon thirty (30) days notice to the other parent. BY TWE COURT, J. Dist: Jeanne B. Costopoulos, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 Diane Dils, Esquire, 1400 North 2"d Street, First Floor Front, Harrisburg, PA 17102 In -f?,stimony •n Coal (J7 C:j';? C, ?i JJ///f?? T JESSICA NOTZ, Plaintiff NO. 06-941 CIVIL TERM v. COLLIN SWANGER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: APR 2 I %006 I IN THE COURT OF COMIW-N-PtEASrOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Danielle Swanger May 22, 2005 Mother 2. Mother filed a Complaint for Custody on February 17, 2006. The Custody Conciliation Conference was convened on April 7, 2006. Attending the Conference were the Mother, Jessica Notz, and her counsel, Jeanne' B. Costopoulos, Esquire; the Father, Collin Swanger appeared and was represented by his counsel of record, Diane Dils, Esquire. 3. The parties reached an agreement in the form of an Ord r-a 7:ttached. 41-13 J, Date Bliss Peel Greevy, Esquire Custody Conciliator ead.273194 VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. COLLIN SW d--a Date: 2 7 - 0,1? b a ,N N -00 0 8 ?J rNI) -:-t I-TI !?3 (D:b Id JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-941 CIVIL ACTION LAW COLLIN SWANGER DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 08, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Monday, December 04, 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/ Melissa P. Gree 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 .? ?? ?jp .6 • rt - l MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006-941 CIVIL TERM COLLIN SWANGER, Defendant CIVIL ACTION -LAW CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CONTEMPT AND NOW, Plaintiff, Jessica Notz (hereinafter referred to as Mother) by and through her attorney, Jeanne B. Costopoulos, Esquire, submits the following Answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is specifically denied that Mother has denied all contact between Collin Swanger (hereinafter referred to as Father) and the child, and strict proof thereof is demanded. By way of further answer, 6. Denied. It is specifically denied that since the Order was entered in April of 2006, that Mother has failed to deliver the child to Father, and strict proof thereof is demanded. 7. Admitted. 8. Denied. Although Father has made sexual threats against Mother, is specifically denied that Mother alleges actual physical abuse by Father. It is admitted that Mother alleges harassment and stalking by Father. . 4A. 9. Admitted. 10. Denied. It is specifically denied that Mother is interfering with the relationship between the child and Father, and strict proof thereof is demanded. By way of further answer, Father's alcohol problem and anger management issues are interfering with the relationship between Father and his daughter. 11. Mother is without sufficient information to admit or deny the averments contained in paragraph 11 of Father's petition and, therefore, strict proof is demanded regarding the averments contained therein. 12. No answer required. 13. No answer required. 14. Admitted and denied. It is admitted that Mother has alleged Father is drunk and unable to care for the child. It is denied that said allegations are unwarranted. It is admitted that the custodial periods were to begin in the morning at 10:00 a.m. By way of further answer, the fact that Father shows signs of intoxication at 10:00 a.m. is one of the many reasons Mother believes that Father has a serious drinking problem which needs to be addressed. 15. Admitted. 16. Admitted. By way of further answer, Mother did not interpret the Order to provide for make-up time when Father is either too intoxicated to care for the child or fails to answer the door when the child arrives for drop off. 17. No answer required. 18. Mother is without sufficient information to admit or deny the averments contained in paragraph 11 of Father's petition and, therefore, strict proof is demanded regarding the averments contained therein. 1 4. 19. No answer required. 20. No answer required. WHEREFORE, Plaintiff respectfully requests Defendant's Petition for Contempt to be denied. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: JE NE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 Dated: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff, Jessica Notz VERIFICATION I, Jessica Notz, hereby verify that the statements made in the foregoing document 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: ?? CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, Attorney for Plaintiff, Jessica Notz, do hereby certify that on this date I served the foregoing Answer by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Diane M. Dils, Esquire DILS & DILS 1400 North Second Street, First Floor Front Harrisburg, PA 17102 By: JEANNE B. COSTOPOULOS, UIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff, Jessica Notz Dated: ? 3` d d ?i v ?',? '?i ? -v ? cn ? ?? ? ? Q ?, N MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JESSICA NOTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. COLLIN SWANGER, Defendant : No. 2006-941 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, Plaintiff, Jessica Notz (hereinafter referred to as Mother) by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Petition: 1. Petitioner is Jessica Notz, Plaintiff above (hereinafter referred to as "Mother"), who currently resides at 222 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 1. Respondent is Collin Swanger, Defendant above (hereinafter referred to as "Father"), who is believed to currently reside at 12 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The parties are the parents of one (1) child, namely Danielle Swanger, born May 22, 2005 (hereinafter referred to as "the child"). 3. An Order of Court regarding custody of the child was entered April 24, 2006. Said April 24, 2006 Order (hereinafter referred to "the Order") is attached hereto as Exhibit A. 4. On several occasions, and without prior notice, Father has skipped his periods of partial custody. On many occasions, Father failed to answer the door or phone when the child was delivered to his home. On other occasions, Father became angry with Mother during the exchange and told her to "f*cking take her home" then slammed the door in Mother's face while she was holding the child on the doorstep. 5. The child shows signs of fear when exposed to Father. Ordinarily, the child is easily approached by others, including people with whom she is unfamiliar. Mother believes child has been psychologically damaged from witnessing Father's angry outbursts. 6. Mother believes Father's excessive drinking and anger management problems have worsened. Mother is afraid to leave the child alone with Father. 7. Despite the above, Mother has making arrangements directly with Father's parents regarding periods of partial custody. COUNT I - PETITION FOR TEMPORARY SUPERVISED CUSTODY 8. Mother requests Father's periods of partial custody to be supervised, either by his parents or by another sober and responsible adult, until Father's excessive drinking and anger management issues have been properly addressed and resolved. COUNT II - PETITION FOR CONTEMPT 9. Father willfully disobeyed paragraph 2 of the Order in that from April through July, 2006, he failed to provide transportation when relinquishing custody of the child to Mother, thus withholding the child from Mother on those dates unless she made alternative transportation arrangements. WHEREFORE, Mother respectfully requests this Honorable Court to: (a) Enter an Order limiting Father's periods of partial custody such that they can only be exercised if supervised by one of the child's paternal grandparents. (b) Find Father in contempt for violating paragraph 3 of the Order as it relates to transportation; (c) Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff, Jessica Notz Dated: 0? VERIFICATION I, Jessica Notz, hereby verify that the statements made in the foregoing document 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: ? " 30- 67 CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Plaintiff, Jessica Notz, do hereby certify that on this date I served the foregoing Answer by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Diane M. Dils, Esquire DILS & DILS 1400 North Second Street, First Floor Front Harrisburg, PA 17102 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff, Jessica Notz Dated: ` ?, ' r--a ? _i RZI ? o ? ?r -J JESSICA NOTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006-941 CIVIL TERM COLLIN SWANGER, CIVIL ACTION -LAW Defendant CUSTODY ORDER OE COURT r AND NOW, this 4* day of , 2007, upon consideration of Plaintiff s Petition for Special Relief, a Rule is hereby issued on Defendant to show cause why the relief requested therein should not be granted. Rule returnable A *3 ff ? . Pending agnnfence or hearing on the matter nefendant's nP??d? fr??+? ustody 1 1 s- W1 as jgf Lb-g- ' . J. Distribution: 4e m6 B. Costopoulos, Esq., 210 Grandview Ave., Camp Hill, PA 17011 ./15iane M. Dils, Esq., 1400 N. Second Street, Harrisburg, PA 17102 V ,f no L .21 lo'd L- 83J LOOZ LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Collin Swanger JESSICA NOTZ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER, Defendant NO. 2006-941 CIVIL TERM CIVIL ACTION - LAW CUSTODY ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, this Okay of February 2007, comes the Defendant, Collin Swanger, by his attorney, Diane M. Dils, Esquire, and respectfully answers as follows: 1. Paragraph one is admitted. 1. Plaintiff's Petition contains two Paragraphs's one. The second Paragraph numbered one is also admitted. 2. Paragraph two is admitted. 3. Paragraph three is admitted. 4. Paragraph four is denied. It is to be noted that the Court Order currently in effect requires the person relinquishing custody to provide transportation. It is hereby averred that father has never willingly "skipped" his periods of partial custody, but to the contrary, mother failed to provide the transportation to father as Court Ordered on numerous occasions. It is denied that father failed to answer the door or phone when the child was delivered and it is further denied that father became angry with mother and slammed the door in the mother's face while she was holding the child, and proof is demanded for the allegations set forth in Paragraph four as said allegations are within the exclusive knowledge and control of the mother and father is without knowledge of the same. It is further to be noted that mother's Petition for Special Relief fails to set forth the fact that father filed a Contempt Petition against mother in November of 2006 and said Petition is currently pending and a Conciliation Conference is scheduled for February 9, 2007. 5. Paragraph five is denied and proof is demanded for the allegations set forth in Paragraph five as said allegations are within the exclusive knowledge and control of the mother and father is without knowledge of the same. 6. Paragraph six is denied and proof is demanded for the allegations set forth in Paragraph six as said allegations are within the exclusive knowledge and control of the mother and father is without knowledge of the same. 2 7. Paragraph seven is admitted in that father has been denied his partial custody rights with his daughter; however, mother has permitted father's parents to enjoy partial custody rights. It is further to be noted that father resides with his parents. COUNT I - ANSWER TO PETITION FOR TEMPORARY SUPERVISED CUSTODY 8. Proof is demanded for the allegations in Paragraph eight as said allegations are within the exclusive knowledge and control of the mother and father is without knowledge of the same. COUNT II - ANSWER TO PEITION FOR CONTEMPT 9. Paragraph nine is denied. It is specifically denied that father has disobeyed the Order of Court currently in effect and proof is demanded for the allegations as said allegations are within the exclusive knowledge and control of the mother and father is without knowledge of the same. 3 WHEREFORE, Father respectfully requests your Honorable Court to deny mother's Petition for Contempt and Special Relief. Respectfully submitted, Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 4 VERIFICATION The undersigned, Diane M. Dils, Esquire, hereby verifies and states that: 1. She is the attorney for Collin Swanger. 2. She is authorized to make this verification on Collin Swanger's behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P., Rule 1024(c). 4. The statements set forth in the foregoing Answer to Petition for Special Relief are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 'f Diane M. Dils, Esquire Date: f l0 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, attorney for Collin Swanger, hereby certify that a true and correct copy of the within Answer to Petition for Special Relief has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the --lay of February, 2007, addressed as follows: Jeanne B. Costopoulos, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Respectfully submitted, f: Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 -r3 __ ^M ? $8 16 2007 Zf JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY ORDER OF COURT AND NOW this J 6 i° ( lay of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 24, 2006 is vacated and replaced with this Order. 2. The Mother, Jessica Notz, and the Father, Collin Swanger, shall have shared legal custody of Danielle Swanger, born May 22, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child from Tuesday February 13, 2007 at 8:00 a.m. through Wednesday, February 14, 2007 at 5:00 p.m. Thereafter, the Father shall have custody of the Child every week from Tuesday at 8:00 a.m. through Thursday at 5:00 p.m. 5. The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The parties shall equally share any costs of counseling which are not reimbursed by insurance. 6. The Father shall provide any authorizations required by his individual counselor in order to provide information regarding his participation and progress in counseling for alcohol related issues to both parties' attorneys in this custody matter. 7. Each party shall ensure that the Child has her own separate bedroom in his or her household. r. 8. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 11:00 a.m. and the Father shall have custody from Christmas Day at 11:00 a.m. through December 26 at 5:00 p.m. B. Thanksgiving: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving day at 3:00 p.m., and the Mother shall have custody from Thanksgiving day at 3:00 p.m. through Friday at 5:00 p.m. C. Easter: In even-numbered years, the Mother shall have custody of the Child on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Father shall have custody on Easter Sunday from 9:00 a.m. until 5:00 p.m. In odd-numbered years, the Father shall have custody on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody on Easter Sunday from 9:00 a.m. until 5:00 p.m. D. Memorial Day/Labor Du: In every year, the Father shall have custody of the Child on Memorial Day from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody on Labor Day from 9:00 a.m. until 5:00 p.m. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 5:00 p.m. F. Child's Birthday: The non-custodial parent shall be entitled to have custody of the Child on her birthday for a minimum of three hours as arranged by agreement between the parties. G. Parents' Birthdays: Each party shall be entitled to have custody of the Child on that parent's birthday each year for a minimum of three hours as arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 9. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 10. Neither party shall use illegal drugs or consume alcohol to excess during his or her periods of custody. 11. Each parent shall be entitled to one week of uninterrupted custody for purposes of vacation each year upon providing at least 30 days advance notice to the other parent. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. The parties shall be entitled to daily telephone contact during each other's respective vacation periods. 12. All adjustments to the custody schedule set forth in this Order shall be made in writing by email communication between the parties. 13 Communications concerning the Child shall be conducted between the parties directly without the intervention of third parties. 14. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the N Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 15. 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 writing. In the absence of written mutual consent, the terms of this Order shall control. BY TjYE COURT, % Edward E. Guido J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother b 7 Diane M. Dils, Esquire - Counsel for Father ?L`'6° Z? :1! WV OZ 83.E LOOZ ]HI ?Q K: L-J:C-G21lj JESSICA NOTZ VS. COLLIN SWANGER Defendant onm 16 ?r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 06-941 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido 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 Danielle Swanger May 22, 2005 Mother 2. A custody conciliation conference was held on February 9, 2007, with the following individuals in attendance: the Mother, Jessica Notz, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Collin Swanger, with his counsel, Diane M. Dils, Esquire. 3. The Father filed this Petition for Contempt on which the conciliation conference was scheduled. Subsequently, the Mother filed a Petition for Special Relief and Contempt, on which a hearing was scheduled for February 13, 2007. All issues were addressed and resolved at the conference and it was agreed that counsel would contact the Court to cancel the hearing scheduled on the Mother's Petition. 4. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-941 CIVIL TERM CIVIL ACTION -LAW CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONTARY: Kindly withdraw the appearance of Jeannd B. Costopoulos, Esquire, as attorney for Plaintiff in the above captioned matter. Dated: 3 dd7 Jeine B. Costopoulos, Esquire AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Phone: (717) 697-1800 PA S. Ct. ID No. 68735 Kindly enter the appearance of Jessica Notz, pro se, on behalf of Plaintiff in the above captioned matter. Dated: Otl k J ca Notz, pro se 2 Texaco Road Mechanicsburg, PA 17050 Phone: (717) 766-6182 C7 ? O JESSICA Vs. COLLIN SW AND NOW herself submits a pei (hereinafter referred Z IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 66-941 CIVIL ACTION LAW ANGER Defendant IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY Plaintiff, Jessica Notz (hereinafter referred to as Mother) by and through tion to modify current order of agreement with Defendant, Collin Swanger o as Father): Enclosed is modified order of agreement between Mother and Father. Court is being asked to modify the greement as per a schedule change for the Father. Defendant contacted the Mother and request to modify existing order of agreement due to a change in occupation. Father's daily work chedule has changed and he can no longer take the Child, Danielle Swanger, as per original agre ent. Both parties have reviewed the modified order and have reached an agreement on the ne order of custody. Mother is s bmitting order as per discussed with the Father via email. Please forw d to appropriate person(s) for signature / approval. Respectfully Submitted: Mechanicsburg, PA 17050 Phone (717) 303-8092 ? ra ? C?? ,?. `-- ""-' '`?' c? `? /?-? c n? -r; f ? ??? f. - `y? ?r? ? ? ? ,gam o ?, J w W ?? % OCT 2 9 2007 41 JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3??day of O ri? , 2007, upon consideration of both parties, it is ordered and directed as followed: 1. The prior Order of this Court dated February 16th, 2007 is vacated and replaced with this Order. 2. The Mother, Jessica Notz,, and the Father, Collin Swanger shall have shared legal custody of Danielle Swanger, born May 22nd, 2006. Each parent hall 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 no limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the child, including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on every Tuesday at 5:30pm through Wednesday at 8:00am and every other Friday at 7:30pm through Sunday at 5:00pm. 5. Each party shall ensure that the Child has her own separate bedroom in his or her household. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00pm through Christmas Day at 12:00pm and the Father shall have custody from Christmas Day at 12:00pm through December 26U' at 5:00pm. B. New Years Eve/New Years Day: In even numbered years, the Mother shall have custody of the child from 7:00pm until New Years Day at 3:00pm. In odd numbered years, the father shall have custody of the child from 7:00pm until New Years Day at 3:00pm. t C. Thanksgiving: In every year, the Father shall have custody of the child from the Wednesday before Thanksgiving at 5:00pm through Thanksgiving day at 3:00pm and the Mother shall have custody from Thanksgiving Day at 3:00pm through the Friday after Thanksgiving at 5:00pm. D. Easter: In even-numbered years, the Mother shall have custody of the Child on the Saturday before Easter from 9:00am until 5:00pm and the Father shall have custody on Easter Sunday from 9:00am until 5:00pm. In odd-numbered years, the Father shall have custody of the Child on the Saturday before Easter from 9:00am until 5:00pm and the Mother shall have custody on Easter Sunday from 9:00am until 5:00pm. E. Memorial Day/Labor: In every year, the Father shall have custody of the Child on Memorial Day from 9:00am until 5:00pm and the Mother shall have custody on Labor Day from 9:00am until 5:00pm. F. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day at 9:00am until 5:00pm and the Father shall have custody on Father's Day from 9:00am until 5:00pm. G. Child's Birthday: The non-custodial parent shall be entitled to have custody of the Child on her birthday for a minimum of three hours as arranged by agreement between both parties. H. Parent's Birthday: Each party shall be entitled to have custody of the Child on that parent's birthday for a minimum of three hours as arranged by agreement by between both parties. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. J. All transportation for holiday scheduling shall be discussed and decided according to mutual agreement. 7. Unless otherwise agreed between the parties, the Father shall provide transportation for the exchange of custody on every Tuesday and Wednesday in which he receives her and returns her and every Friday in which he receives her. The Mother shall provide transportation for the exchange of custody every Sunday in which she returns. Both parties agree to inform the other parent if someone other than themselves will be transporting the Child. 8. Neither party shall use illegal drugs or consume alcohol to excess during his or her periods of custody. 9. Each parent shall be entitled to one week of uninterrupted custody for the purposes of vacation each year providing at least 30 days notice to the other parent. The party providing notice shall be entitled to preference on his or her selection of vacation dates. The parties shall be entitled to daily telephone contact during each other's respective vacation periods. The parties shall also be entitled to information as to where the Child is going to be during this vacation period. This includes location, hotel address/phone and other information deemed necessary. 10. Adjustments to the custody schedule set forth in this Order shall be made in writing by email communication between the parties. 11. Neither party shall do or say anything which may estrange the Child from the other parents, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. The Order is entered pursuant to an agreement of the parties at their own discretion. The parties may modify the provision of this order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. LODZ LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Defendant, Collin Swanger JESSICA NOTZ : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-941 COLLIN SWANGER CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CONTEMPT OF ORDER OF COURT AND MODIFICATION OF COURT ORDER AND NOW, this _/ day of , 2008, comes the Defendant, Collin Swanger, by his attorney, Diane . Dils, Esquire, and respectfully avers the following: 1. Your Movant is the above named Defendant, Collin Swanger, an adult individual currently residing 12 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, and is represented by Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, First Floor Front, Harrisburg, Pennsylvania 17102. 2. The Plaintiff, Jessica Notz, is an adult individual currently residing at 222 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and is pro se. 3. Plaintiff and Defendant are the natural parents of one child; namely: Danielle Swanger, born May 22, 2005. 4. Attached hereto and marked Exhibit "A" is a copy of the Order of Court entered February 16, 2007, setting forth the current custodial arrangements regarding the minor child. 5. On Monday, April 10, 2007, the Mother, Jessica Notz, contacted the Defendant, Collin Swanger, at his place of employment and indicated to him that the child was not sleeping well and that he was not permitted to enjoy his periods of partial custody, which are to commence every Tuesday at 8:00 a.m. and continue to Thursday at 5:00 p.m. 6. The Mother informed the Father not to attempt to pick up the child at her home on Tuesday at 8:00 a.m. 7. The Mother is in violation of the Order of Court, specifically Paragraph 4, in that she has arbitrarily denied the Father his periods of partial custody. 8. In addition, the Order of Court dated February 16, 2007, in Paragraph 13, specifically states that communications concerning the child shall be conducted between the parties directly without the intervention of third parties. 9. The Mother's Mother, the maternal grandmother, attempted to contact the Father at his place of employment on Monday, April 9, 2007, after the Mother and spoke regarding Mother informing Father that she will not permit Father's partial custody to occur the next day. 10. The Mother has permitted her Mother to become involved in the communications which is in direct violation of the Order of Court. 11. Pursuant to Paragraph 5 of the Court Order dated February 16, 2007, parties were to engage in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. 12. By letter dated March 1, 2007, Counsel for Defendant contacted Mother's Counsel inquiring as to names of counselors covered under Mother's insurance so that the parties may engage in therapeutic family counseling as agreed upon by the parties and as Court Ordered. 13. There has been no response whatsoever from Mother indicating her willingness to cooperate and comply with the Court Order requiring family therapeutic counseling to occur. 14. At that time, the Mother had permitted the paternal grandmother to place the child in her vehicle and leave her home; however, just a few blocks down the road, Mother and her Mother, the maternal grandmother, cut off the Father's Mother on the road, requiring the Father's Mother to return the child to Mother immediately, without permitting the partial custody rights of the Father to occur. 15. On Tuesday, January 8, 2008, when the Father went to the home to pick up his daughter for his Court Ordered partial custodial period, the Mother indicated to the Father that because he did not call in three (3) days, he was not permitted to have his daughter. 16. Mother willfully refused Father on Tuesday, January 8, 2008 for his partial custodial periods, despite the Court Order. 17. Father's next regularly scheduled partial custodial period was to commence on Friday, January 11, 2008. 18. Mother refused Father his partial custodial periods of custody commencing Friday, January 11, 2008, indicating the child was sick. 19. Mother has willfully violated the Order of Court entered February 16, 2007. 20. Father has complied with the Court Order as entered February 16, 2007. 21. Mother arbitrarily decides whether or not she will permit the partial custody rights of Father to occur. 22. Mother has given no indication or valid reason to deny Father his partial custody rights. 23. Mother, on a regular basis, violates the Order of Court, without consequence. 24. When one parent interferes with the custodial rights of the other parent, without justification and good cause, your Honorable Court may award custody of the minor child to the non custodial parents. 25. Father, through this Complaint, respectfully prays your Honorable Court to grant him primary physical custody of his daughter with partial custody rights in the Mother, Jessica Notz. 26. The Mother, Jessica Notz, permits her Mother, the maternal grandmother, to interfere and make decisions regarding the minor child and the partial periods of custody between the Father and the minor child. 27. On June 3, 2008, Father appeared at the home of Mother for his scheduled partial custodial periods and was told he was not permitted to have his daughter. Mother told Father, "if you're not going to follow the Court Order, neither am I." 28. Father was denied all any partial custodial rights between June 3, 2008 and July 13, 2008 when Mother contacted the paternal grandmother and the minor child asked to visit with her Father. 29. The partial custodial rights of Father continued until July 29, 2008 when again, Mother informed Father that he was not permitted to have his custodial periods. The maternal grandmother came out of the home and called Father a junkie and a drug addict; told him that they would see him in court. 30. The Mother has been telling the minor child that her current boyfriend is her daddy. 31. Father was denied vacation period with his daughter when he requested time to take her to the beach. 32. On Tuesday, August 12, 2008, Father went to the home of Mother to pick up his daughter on his regular scheduled custodial time and he was denied the same. Mother informed Father because he was late arriving, that he could not have her. 33. Mother had telephone Father five minutes after the scheduled pick up time and indicated that they were leaving the house and that his daughter would not be available to him. Father continued to the home of Mother and arrived approximately five minutes later only to find Mother and the child at home but still, Mother denied any periods of custody. 34. Father is aware that the Mother takes the minor child to a bar known as "The Quarter" in the City of Harrisburg, Pennsylvania, which is the employer of her current boyfriend. The daughter informed her Father that she knows how to play "Mega Touch" which sits on the bar in "The Quarter." 35. It is in the best interest of the child that primary physical custody be granted to the Father, with partial custody rights in the Mother, as agreed upon between the parties. 36. Father will not interfere with Mother's partial custody rights and will permit all periods of custody between Mother and the minor child to occur and will comply with the Court Order. 37. As a result of Mother's willful contempt of the Order of Court entered February 16, 2007, Father is required to expend costs and attorneys fees in the amount of One Thousand Dollars Five Hundred Dollars and 00/100 ($1,500.00) for the preparation and proceeding of this Complaint. 38. As a result of Mother's willful violation of the Order of Court entered February 16, 2007, Father respectfully requests the Mother be found in contempt of said Order and that she be required to pay Father's counsel fees and costs in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00). WHEREFORE, Father, Collin Swanger, through his attorney, Diane M. Dils, Esquire, respectfully prays your Honorable Court to find the Mother, Jessica Notz, in contempt of the Court Order, to Order primary physical custody in the Father Collin Swanger, with partial custody rights in Mother every other weekend from Friday to Sunday and further, to Order Mother to be responsible for Father's costs and counsel fees in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00). Respectfully submitted, Diane M. Dils, Esrquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: August 14, 2008 r' ?. B 2 9 2001; fr 1.- wiz a.- _ ?% JESSICA NOTZ vs. Plaintiff COLLIN SWANGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-941 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ? AND NOW, this f !6 day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 24, 2006 is vacated and replaced with this Order. 2. The Mother, Jessica Notz, and the Father, Collin Swanger, shall have shared legal custody of Danielle Swanger, born May 22, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child from Tuesday February 13, 2007 at 8:00 a.m. through Wednesday, February 14, 2007 at 5:00 p.m, Thereafter, the Father shall have custody of the Child every week from Tuesday at 8:00 a.m. through Thursday at 5:00 p.m. 5. The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The parties shall equally share any costs of counseling which are not reimbursed by insurance. 6. The Father shall provide any authorizations required by his individual counselor in order to provide information regarding his participation and progress in counseling for alcohol related issues to both parties' attorneys in this custody matter. 7. Each party shall ensure that the Child has her own separate bedroom in his or her household. S. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 11:00 a.m. and the Father shall have custody from Christmas Day at 11:00 a.m. through December 26 at 5:00 p.m. B. Thanksgiving: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving day at 3:00 p.m., and the Mother shall have custody from Thanksgiving day at 3:00 p.m. through Friday at 5:00 p.111. C. Easter: In even-numbered years, the Mother shall have custody of the Child on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Father shall have custody on Easter Sunday from 9:00 a.m. until 5:00 p,m. In odd-numbered years, the Father shall have custody on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Mother shall Rave custody on Easter Sunday from 9:00 a.m. until 5:00 p.m. D. Memorial Day/Labor Da v: In every year, the Father shall have custody of the Child on Memorial Day from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody on Labor Day from 9:00 a.m. until 5:00 p.m. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of t11e Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 5:00 p.m. F. Child's Birthday: The non-custodial parent shall be entitled to have custody of the Child on her birthday for a minimum of three hours as arranged by agreement between the parties. G. Parents' Birthdays: Each party shall be entitled to have custody of the Child on that parent's birthday each year for a minimum of three hours as arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 9. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 10. Neither party shall use illegal drugs or consume alcohol to excess during his or her periods of custody. 11. Each parent shall be entitled to one week of uninterrupted custody for purposes of vacation each year upon providing at least 30 days advance notice to the other parent. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. The parties shall be entitled to daily telephone contact during each other's respective vacation periods. 12. All adjustments to the custody schedule set forth in this Order shall be made in writing by email communication between the parties. 13 Communications concerning the Child shall be conducted between the parties directly without the intervention of third parties. 14. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 15. 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 writing. In the absence of written mutual consent, the terms of this Order shall control. . 1 BY THE COURT, Edward E. Guido J. rRUE COPY FROM RMRV ToOnny wherW, I two u* set n pane <7 the I of said Cou at 7Cofte,-Pa. o :Z Raothond?rv cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Diane M. Dils, Esquire - Counsel for Father JESSICA NOTZ VS. COLLIN SWANGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r Plaintiff 06-941 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido 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 Danielle Swanger May 22, 2005 Mother 2. A custody conciliation conference was held on February 9, 2007, with the following individuals in attendance: the Mother, Jessica Notz, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Collin Swanger, with his counsel, Diane M. Dils, Esquire. 3. The Father filed this Petition for Contempt on which the conciliation conference was scheduled. Subsequently, the Mother filed a Petition for Special Relief and Contempt, on which a hearing was scheduled for February 13, 2007. All issues were addressed and resolved at the conference and it was agreed that counsel would contact the Court to cancel the hearing scheduled on the Mother's Petition. 4. The parties agreed to entry of an Order in the form as attached. /d -7 ,Zoo '0? Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I verify that the statements made in this Complaint for Contempt of Order of Court are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. COLLIN SWAGER Date: August 14, 2008 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint for Contempt of Court Order and Modification of Order has been served upon the following individual, by first class, United States mail, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this dday of 4, 2008, addressed as follows: Jessica Notz, pro se 222 Texaco Road Mechanicsburg, PA 17050 Respectfully submitted, B Diane M. Dils,-squire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: August 14, 2008 n N o ?- ? ?, -?, ? . ? •'? O G 7 -r-; C?'i ? O 7 t ? ? ? W ? "Q ? p " W ?/ _ r K V 1 „,, -' t ?'s,.? 6.. ? ' y ? JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANTS PETITION FOR CONTEMPT AND MODIFICATION OF COURT ORDER AND NOW, Plaintiff, Jessica Notz (hereinafter referred to as Mother) by and through herself, submits the following Answer: 1. Denied. It is specifically denied the defendant, Collin Swanger (hereinafter referred to as Father), resides at 12 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. It is by written record from the Father that he states he lives at 327 N Front Street, Marysville, Perry County, Pennsylvania 17053. 2. Admitted. 3. Admitted. 4. Denied. Exhibit "A" used for Petition of Contempt and Modification is not the current Order of Court entered into Court. Current Order of Court was entered on October 30th, 2007. [See attached.] 5. Denied. It is denied that the Mother contacted the Father to refuse his period of custody, and strict proof thereof is demanded. 6. Denied. It is also denied that the Mother informed the Father not to pick up the child, and strict proof thereof is demanded. 7. Denied. It is denied that the Mother is in violation of the Order of Court. 8. Admitted and Denied. Pervious Order of Court did state a Paragraph 13 in which third party intervention was not allowed. Denied as this Order of Court is vacated and replaced with Order of Court dated October 306, 2007 in which Paragraph 13 no longer exists. 9. Denied. Maternal Grandmother did not contact the Father at his place of employment and strict proof thereof is demanded. 10. Denied. Mother and Child have lived with both maternal grandparents since the May 241', 2005 when the child was discharged from the hospital after birth. Maternal grandparents are an every day part of child's life and therefore are involved with communications regarding child. Those communications, however, have not involved the Father but have involved the parental grandparents. There is no Order of Court stating that the maternal and paternal grandparents cannot have interaction or communication regarding the minor child or the Mother and the Father. The Mother has no standing on those communications. 11. Admitted. 12. Admitted. 13. Denied. Strict proof of the Mother's refusal to cooperate is demanded. Email from the Mother to the Father dated as recent as March 171i, 2008 makes reference to the fact that the Father was still in refusal to cooperate with the therapeutic counseling. 14. Denied. Incident did not occur as stated and proof that it did is otherwise demanded. 15. Denied. Father did not show did pick up child. Mother did try to contact the Father that week to advise the Father that the child was ill. 16. Denied. 17. Admitted. 18. Denied. Child was hospitalized on Thursday, January 10th, 2008. Father was contacted from the Mother while she and child were at Holy Spirit Hospital to advise the Father that the child was sick and to meet her at the hospital. Father at this time became enraged that the Mother took child to the hospital and accused the Mother of overreacting and that the child had no need for hospitalization. The Father accused the Mother of taking the child to the hospital as a way to make the Father pay for the hospital visit. Hospital records will prove child was sick and hospitalization was necessary. 19. Denied. Strict proof thereof is demanded. 20. Denied. Emails will show that the Father on many occasions has forfeited his periods of custody by simply not showing up to pick up the child and that the Mother did her part in attempting to contact the Father. 21. Denied. 22. Denied. Mother does not deny the Father his periods of custody and strict proof thereof is demanded. 23. Denied. Father does not show for his periods of custody and therefore the Mother cannot be held in contempt for the Father's actions. 24. No answer. 25. Mother, through this Answer to the Father's Complaint, respectfully prays that your Honorable Court will deny the request of the Father for primary physical custody and in return is requesting full physical and legal custody of the child. The Father has taken no active part in the child's every day life regarding health, school and other extra activities. Father has not been present at doctor's appointments though ample notice was given and at the time of father's suspended driver's license due to two DUI arrests, transportation was offered. Father took no part in researching daycare/school for child and after notified of location of such place, the Father never took interest to be involved. The Father's refusal and disregard for Child Support is also an issue. Since initial Child Support Order dated April 3rd, 2006, the Father is uncooperative in making steady Child Support payments. Domestic Relations of Cumberland County holds all records for Child Support Case and will more than prove the Father's unwillingness to cooperate with payments and provide current information necessary to obtain payments. The Mother and the Child has lived together since child was born and the Mother has always been the primary caregiver for the child. The Father has, by his decision, forfeited many periods of custody. Paternal grandparents can attest to this as the Mother has, on more than one occasion, contacted them when the Father did not show to pick up the child. Paternal grandparents have exercised visits with the child during Father's period of custody when the Father was unable to be found. Parental grandmother can attest that on Tuesday, March 11 ch , 2008, the Father's scheduled period of custody, the Father did not show up to pick up the child and that she (the parental grandmother) was contacted. An hour after scheduled visit began the paternal grandmother picked up the child for a visit. On Wednesday, March 121h, 2008, paternal grandmother expressed her concern to the Mother that the Father was still missing and she (the paternal grandmother) was considering filing a missing persons report. On other occasions when the Father did not show to exercise his periods of custody, the paternal grandparents were contacted via phone and email through the Mother and maternal grandmother to please continue a relationship with the child so that long periods of time would not pass and estrangement would not occur. Response from paternal grandparents was that they choose not to involve themselves with the situation. Mother has on more than occasion, as recently as Sunday, August 10th, 2008, extended visitation to encourage more time spent with parental grandparents and family. 26. Denied. The maternal grandmother has shared a home with the Mother and child since child's birth. The maternal grandmother and child share an extremely close bond which should child be placed in primary care of father, actions of such would be detrimental to the child's emotional well being. Maternal grandmother was child's provider while the Mother worked her full time job. On such occasions in which the Father did not exercise his periods of custody, the maternal grandmother was the caregiver for the child. Both maternal grandparents have been a huge influence in child's life and have unconditionally cared for child in emotional, physical and financial ways. 27. Denied. On June 3'. 2008, Father failed to appear at a scheduled hearing for Domestic Relations regarding child support. Mother did attempt to contact the Father. Mother denies statement accused by the Father and strict proof thereof is demanded. Father did not show up at the Mother's house on June 3rd, 2008 to pick up the child. 28. Denied. The Father's visits were not denied but were forfeited each time by not showing to pick up the child. Emails were sent to the Father on occasions in which he did not show up. On July 13th, 2008 Mother did call paternal grandmother to offer a visit with child as it had been a long time since she had seen the child. A phone call was made after several emails to paternal grandparents went ignored. Child did not ask to visit with the Father but did ask to visit with the paternal grandmother. No mention of the Father was made. 29. Denied. 30. Denied. The Mother became engaged after a two year relationship with boyfriend in which during this time the child developed a strong bond with the Mother's fiance. The Mother explained to the child that her fiance would become the child's step- daddy. Due to the close bond that the fiance and the child share, the child has taken to calling him "Daddy Justin Paul". While Mother does allow this she has always reminded child that her biological father is Collin_ An email to paternal grandfather from maternal grandmother will show proof that the child has always been told that she has one legal father. 31. Denied. Father's request for vacation came via text messaging on Tuesday, July 22nd, 2008, less than the required 30 days notification. As well as not being requested via email as set forth in Order of Court, Father refused to indicate any details regarding such vacation. 32. Denied. On August 12t", 2008, Mother and Child waited 30 minutes past scheduled pick time. Father arrived hostile and verbally abusive towards the Mother. At such time Mother feared for her safety and the safety of her child and asked the Father to please leave. Father refused and became more aggressive in his verbal abusive yelling the Mother was a "cokehead" and stated "I want my kid". Mother went in the house, locked the door and at that time called the police. Middlesex Township police were dispatched to home and advised the Father to leave the premises. 34. Denied. Child participated in the Harrisburg St. Patrick's Day parade in which the restaurant known as "The Quarter" provided a float for this event. Child then returned to restaurant with several family members to participate in a luncheon provided in which many other child were in attendance. At no time has child been in an inappropriate bar setting. "The Quarter" is a family establishment furnishing high chairs and booster seats to accommodate families and their children. 35. Denied. It is in the best interest of the child that she remains in the primary custody of the Mother, with requests for supervised visitation, home evaluations, and drug testing for the Father. A request also be made that the child is not allowed to be a passenger while the Father is in control of the vehicle until all requested evaluations are completed. 36. No answer. 37. As a result of the Father's Complaint of Contempt, the Mother is required to expend costs and fees in preparation and filing to answer this Complaint. 38. As a result of the Father's such Complaint the Mother respectfully requests that the Father's petition be denied and that he be required to pay not only his own expenses but any expense incurred by the Mother. WHEREFORE,, Plaintiff respectfully requests Defendant's Petition for Contempt and Modification be denied. OCT 292DD7ei JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this :04 day of d 2007, upon consideration of both parties, it is ordered and directed as followed: 1. The prior Order of this Court dated February 16th, 2007 is vacated and replaced with this Order. 2. The Mother, Jessica Notz, and the Father, Collin Swanger shall have shared legal custody of Danielle Swanger, born May 22d, 2006. Each parent hall 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 no limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the child, including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on every Tuesday at 5:30pm through Wednesday at 8:00am and every other Friday at 7:30pm uh ough Sunday at 5:00pi°n. 5. Each party shall ensure that the Child has her own separate bedroom in his or her household. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00pm through Christmas Day at 12:00pm and the Father shall have custody from Christmas Day at 12:00pm through December 26th at 5:00pm. B. New Years Eve/New Years Day: In even numbered years, the Mother shall have custody of the child from 7:00pm until New Years Day at 3:00pm. In odd numbered years, the father shall have custody of the child from 7:00pm until New Years Day at 3 :00pm. C. Thanksgiving: In every year, the Father shall have custody of the child from the Wednesday before Thanksgiving at 5:00pm through Thanksgiving day at 3:00pm and the Mother shall have custody from Thanksgiving Day at 3:00pm through the Friday after Thanksgiving at 5:00pm. D. Easter: In even-numbered years, the Mother shall have custody of the Child on the Saturday before Easter from 9:00am until 5:00pm and the Father shall have custody on Easter Sunday from 9:00am until 5:00pm. In odd-numbered years, the Father shall have custody of the Child on the Saturday before Easter from 9:00am until 5:00pm and the Mother shall have custody on Easter Sunday from 9:00am until 5:00pm. E. Memorial Day/Labor: In every year, the Father shall have custody of the Child on Memorial Day from 9:00am until 5:00pm and the Mother shall have custody on Labor Day from 9:00am until 5:00pm. F. Mother's Dav/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day at 9:00am until 5:00pm and the Father shall have custody on Father's Day from 9:00am until 5:00pm. G. Child's Birthday: The non-custodial parent shall be entitled to have custody of the Child on her birthday for a minimum of three hours as arranged by agreement between both parties. H. Parent's Birthday: Each party shall be entitled to have custody of the Child on that parent's birthday for a minimum of three hours as arranged by agreement by between both parties. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. J. All transportation for holiday scheduling shall be discussed and decided according to mutual agreement. 7. Unless otherwise agreed between the parties, the Father shall provide transportation for the exchange of custody on every Tuesday and Wednesday in which he receives her and returns her and every Friday in which he receives her. The Mother shall provide transportation for the exchange of custody every Sunday in which she returns. Both parties agree to inform the other parent if someone other than themselves will be transporting the Child. 8. Neither party shall use illegal drugs or consume alcohol to excess during his or her periods of custody. 9. Each parent shall be entitled to one week of uninterrupted custody for the purposes of vacation each year providing at least 30 days notice to the other parent. The parry providing notice shall be entitled to preference on his or her selection of vacation dates. The parties shall be entitled to daily telephone contact during each other's respective vacation periods. The parties shall also be entitled to information as to where the Child is going to be during this vacation period. This includes location, hotel address/phone and other information deemed necessary. 10. Adjustments to the custody schedule set forth in this Order shall be made in writing by email communication between the parties. 11. Neither party shall do or say anything which may estrange the Child from the other parents, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. The Order is entered pursuant to an agreement of the parties at their own discretion. The parties may modify the provision of this order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. TRUE COPY F^`)IN1 FEV-1RD {n`Trst',r?^ ;? vrhe<aof, i h? ooj sci try hand ,n he seal oJss.aiidourtMa iiS!-,°a. T 3.. Prothonotary Y JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, Plaintiff, Jessica Notz (hereinafter referred to as Mother) by and through herself submits a petition to modify current order of agreement with Defendant, Collin Swanger (hereinafter referred to as Father): Enclosed is a modified order of agreement between Mother and Father. Court is being asked to modify the agreement as per a schedule change for the Father. Defendant contacted the Mother and requested to modify existing order of agreement due to a change in occupation. Father's daily work schedule has changed and he can no longer take the Child, Danielle Swanger, as per original agreement. Both parties have reviewed the modified order and have reached an agreement on the new order of custody. Mother is submitting order as per discussed with the Father via email. Please forward to appropriate person(s) for signature / approval. Respectfully Submitted: Mechanicsburg, PA 17050 Phone (717) 303-8092 ?! ? +? " ?::. ?? a _V ?; ?w c? N -? t.?.? .c° ..,? ?? ?i ?a ?•ri JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-941 CIVIL ACTION LAW COLLIN SWANGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, August 28, 2008 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 18, 2008 at 3:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ep? 4?v ?CG'- ?s{ hc .Z W8 8Z snv goof 3AI ? 1% JESSICA NOTZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO: 06-941 COLLIN SWANGER, ; Defendant ENTRY OF APPEARANCE Please kindly enter the appearance of Kelly M . Knight, Esquire and the Law Firm of Cunningham and Chernicoff, P.C., on behalf of Jessica Notz, Plaintiff in the above captioned action. By 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-8187 Attorneys for Plaintiff, Jessica Notz Date: September 8, 2008 a CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Diane Dils, Esquire 1400 North Second Street First Floor - Front Harrisburg, PA 17102 Date: September 8, 2008 F:Home\KKNIGHT\DOCSINOTZ.JESSICA\Entry of Appearancempd L GHAM CHERNICOFF, P.C. B a4, Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 (717) 238-6570 E:5 65 i ?9 JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10 day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 30, 2007 shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Child on alternating weekends, beginning October 17, 2008, from Friday at 5:00 p.m. through Monday at 6:30 p.m. During the interim weeks, beginning October 13, 2008, the Father shall have custody of the Child from Monday at 12:00 noon through Wednesday at 8:00 a.m., on the condition that the Father adjusts his work schedule to begin work at 10:00 a.m. on Tuesdays. 3. The Mother shall be entitled to have custody of the Child if she is available when the Father is working during his periods of custody. 4. Both parties shall ensure that the Child attends her regularly scheduled activities during his or her periods of custody. 5. Both parties shall comply with the custody schedule by being prompt for exchanges of custody. All exchanges of custody, unless otherwise agreed between the parties, shall take place at the Giant store located in Mechanicsburg on Routes 114 and the Carlisle Pike. 6. The parties shall participate in co-parenting counseling with Deborah Salem at Interworks. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of the counseling shall be shared equally between the parties. The parties shall follow the recommendations of the counselor as to the number of sessions and frequency of sessions. The parties shall contact the counselor's office within one (1) week of the date of this Order to schedule the initial appointment. 7. Adjustments to the custody schedule shall be made in writing by email communication between the parties. Text messaging shall not be used for this purpose. 8. The parties shall not use third parties as messengers for communications concerning the Child or the custody schedule. The parties shall communicate directly concerning issues involving the Child. 9. The parties and counsel shall attend a custody conciliation conference at the office of the conciliator, Dawn S. Sunday, on Wednesday, January 14, 2009, at 9:00 a.m. for the purpose of reviewing the custodial arrangements. 10. 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. cc: ?elly M. Knight, Esquire - Counsel for Mother ? Diane M. Dils, Esquire - Counsel for Father 12°P` im .?? 1. to f!3/O$ Edward E. Guido J. VWAIASNN3d ?&Nncyo r^?. u f 6Z *0! wV C l 130M 30U-4-1-031M OCT 0 9 2008 JESSICA NOTZ vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant Prior Judge: Edward E. Guido 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 Danielle Swanger May 22, 2005 Mother 2. A custody conciliation conference was held on October 8, 2008, with the following individuals in attendance: the Mother, Jessica Notz, with her counsel, Kelly M. Knight, Esquire, and the Father, Collin Swanger, with his counsel, Diane M. Dils, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 0? r- Date Dawn S. Sunday, Esquire Custody Conciliator NOV 2 4 20086 -' JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of N &,)? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of this Court dated October 30, 2007 shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Child on alternating weekends, beginning October 17, 2008, from Friday at 5:00 p.m. through Monday at 6:30 p.m. During the interim weeks, beginning October 13, 2008, the Father shall have custody of the Child from Monday at 12:00 noon through Wednesday at 8:00 a.m., on the condition that the Father adjusts his work schedule to be off work on Tuesdays. 3. The Mother shall be entitled to have custody of the Child if she is available when the Father is working during his periods of custody. 4. Both parties shall ensure that the Child attends her regularly scheduled activities during his or her periods of custody. 5. Both parties shall comply with the custody schedule by being prompt for exchanges of custody. All exchanges of custody, unless otherwise agreed between the parties, shall take place at the Giant store located in Mechanicsburg on Routes 114 and the Carlisle Pike. 6. The parties shall participate in co-parenting counseling with Deborah Salem at Interworks. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of the counseling shall be shared equally between the parties. The parties shall follow the recommendations of the counselor as to the number of sessions and frequency of sessions. The parties shall contact the counselor's office within one (1) week of the date of this Order to schedule the initial appointment. 0 7. Adjustments to the custody schedule shall be made in writing by email communication between the parties. Text messaging shall not be used for this purpose. 8. The parties shall not use third parties as messengers for communications concerning the Child or the custody schedule. The parties shall communicate directly concerning issues involving the Child. 9. The parties and counsel shall attend a custody conciliation conference at the office of the conciliator, Dawn S. Sunday, on Wednesday, January 14, 2009, at 9:00 a.m. for the purpose of reviewing the custodial arrangements. 10. 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. BRIE COURT, Edward E. Guido J. cc: Kelly M. Knight, Esquire - Counsel for Mother Diane M. Dils, Esquire - Counsel for Father 0 ?!} ? ?-r.TV- 7 ` e,.t C 7 u t ;t ;?;Cll JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-941 CIVIL ACTION LAW COLLIN SWANGER : Defendant IN CUSTODY Prior Judge: Edward E. Guido 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 Danielle Swanger May 22, 2005 Mother 2. A custody conciliation conference was held on October 8, 2008, with the following individuals in attendance: the Mother, Jessica Notz, with her counsel, Kelly M. Knight, Esquire, and the Father, Collin Swanger, with his counsel, Diane M. Dils, Esquire. At the conference the parties were able to reach an agreement and a Report and proposed Order were forwarded to the Court reflecting the parties' agreement. 3. Following entry of the Order by the Court and distribution to the parties, it was brought to my attention that there was an error in the last sentence of paragraph 2 of the Order which provided that the Father would have custody of the Child from Monday through Wednesday on the condition that he altered his work schedule to begin at 10:00 a.m. on Tuesdays. The parties' final agreement at the conference was that the Father would have that period of custody with the Child on the condition that he adjusted his work schedule so that he did not have to work on Tuesdays. Accordingly, I am attaching a corrected proposed Order for the Court's review. 4. The Mother's counsel, Kelly M. Knight, Esquire, requested the attached correction and the Father's counsel, Diane M. Dils, Esquire, has confirmed the Father's agreement to the correction as proposed. Date Dawn S. Sunday, Esquire Custody Conciliator JAN 1 6 2009 6) JESSICA NOTZ Plaintiff vs. COLLIN SWANGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-941 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 13th day of January, 2009, the conciliator, having been advised by Plaintiffs counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for January 14, 2009 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator n w? `" ? r-- t`J #- ::3 ?? ' ' ? ry ;-. , ? ?3 °? , LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Defendant, Collin Swanger JESSICA NOTZ : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-941 COLLIN SWANGER CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT TO MODIFY CURRENT CUSTODY ORDER AND CONTEMPT ?.. AND NOW, this day of-Nevven et, 2009, comes the Defendant, Collin Swanger, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Collin Swanger, the Defendant above named, is an adult individual currently residing at 15 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Plaintiff above named, Jessica Notz, is an adult individual currently residing at 222 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and it is believed is currently represented by Attorney Kelly M. Knight, whose office is located at 2320 North Second Street, Harrisburg, PA 17110. 3. Attached hereto and marked Exhibit "A" is a copy of an Order of an Order of Court dated November 25, 2008 setting forth the current custodial arrangements between the parties. 4. Neither party proceeded with the scheduling of co-parenting counseling with Deborah Salem of Interworks as required by Paragraph 6 of said Order. 5. Circumstances have changed and it is respectfully requested that the custodial periods in the Order be modified. 6. The Defendant, Collin Swanger, is currently on house arrest as a result of a DUI Charge resolved in the Court of Common Pleas of Cumberland County. He is employed and works Monday through Friday, 8:00 a.m. to 5:00 p.m. However, the Defendant is limited to his home at 15 Highland Drive, Camp Hill, Cumberland County, Pennsylvania as a result of his house arrest. 7. The Plaintiff, Jessica Notz, it is believed is currently working on weekends, having previously been charged with theft by unlawful taking and is no 2 longer employed at her prior employment during the week. Also charged with Felony Burglary but not convicted. 8. Prior to incarceration after release from work release, the Defendant, Collin Swanger, was permitted to see his daughter only once with sporadic telephone contact. The Defendant, Collin Swanger was refused five (5) scheduled partial custodial periods. 9. The Defendant, Collin Swanger, was previously incarcerated for approximately twenty-nine (29) days in Cumberland County Prison and during said period, the Plaintiff had permitted the Plaintiff's parents to visit with the minor child. 10. Since the Defendant's release and requirement for house arrest, the Plaintiff has not permitted any contact whatsoever between the Defendant and the minor child. 11. The Plaintiff has refused all telephone contact as well between the Defendant and the minor child. 12. It is respectfully requested that the Order be modified for the Defendant to enjoy periods of partial custody at his home at 15 Highland Drive, Camp Hill, Cumberland County, Pennsylvania, on the weekends from Friday to Sunday, when it is believed the Plaintiff works. 3 13. It is further respectfully requested that the transportation between the parties may include third parties to provide the same; namely, Defendant's parents, since the Defendant is unable to drive and unable to leave his home. 14. It is further respectfully requested that the minor child may spend time with the grandparents during the parent's custodial periods without interference by the other parent. 15. The Defendant, Collin Swanger was not involved in the choice of schooling for the minor child, in violation of the shared legal provisions of the current Order. 16. The Plaintiff scheduled vacation times with the minor child and failed to notify father as required by the Order. 17. It is believed the mother and her mother, the maternal grandmother are attempting to alienate the minor child from the Defendant. The minor child has indicated the mother's new boyfriend is her, "real daddy". 18. Defendant has filed harassment charges against Maternal Grandmother with the Silver Spring Police Department. 19. The mother has made false accusations of child sexual abuse against the Defendant, Collin Swanger. 4 WHEREFORE, the Defendant, Collin Swanger, respectfully prays your Honorable Court to modify the current custodial arrangements and to find the Plaintiff in contempt of the provision in the current Order. tted, BX: Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: `a --/ -0 5 EXHIBIT "A" II:SSICA NOTZ vs. Plaintiff COLLIN SWANGER Defendant D rye JJ, ti IN THE COURT OF COMMON PLEAS O1' CUMBERLAND COUNTY, PENNSYLVANIA 06-941 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this___ y day of t3 'f 2, consideration of the attached Custody Conciliation Report, it is ordered and directed as follow00s: upon 1. The prior Order of this Court dated October 30, 2007 shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Child on alternating weekends. begnming October 17, 2008, from Friday at 5:00 p.m. through Monday at 6:30 p.m. During the interim weeks, beginning October 13, 2008, the Father shall have custody of the Child from Monday at 12:00 noon through Wednesday at 8:00 a.m., on the condition that the Father adjusts his work schedule to be off work on Tuesdays. 3. The Mother shall be entitled to have custody of the Child if she is available when the Father is working during his periods of custody. 4. Both parties shall ensure that the Child attends her regularly scheduled activities during Ills or her periods of custody. 5. Both parties shall comply with the custody schedule by being prompt for exchanges of custody. All exchanges of custody, unless otherwise agreed between the parties, shall take place at the Giant store located in Mechanicsburg on Routes 114 and the Carlisle Pike. 6. The parties shall participate in co-parenting counseling with Deborah Salem at I rks. nterwo The purpose of the counseling shall be to assist the parties in establishing sufficient communniicacation and cooperation to enable them to effectively co-parent their Child. All costs of the counseling shall be shared'equally between the parties. The parties shall follow the recommendations of the counselor as to the number of sessions and frequency of sessions. The parties shall contact the counselor's office within one (1) week of the date of this Order to schedule the initial appointment. 7. Adjustments to the custody schedule shall be made in writing by email communicati „. hcl\-veen the parties. Text messaging shall not be used for this purpose. b Tile parties shall not use third parties as messengers for comnnuzications CUnCCF1111[! lh. Child or the custody schedule. The parties shall communicate directly concerninc issues invok M? Child. 9. The parties and counsel shall attend a custody conciliation conference at the office OI conciliator, Dawn S. Sunday, on Wednesday, January 14, 2009, at 9:00 a.m. for the purPusc reviewing the custodial arrangements. 10. This Order is entered pursuant to an agreement of the parties at a custody conciiiatWn conference. The parties may modify the provisions of this Order by mutual consent. In the absence u1 mutual consent, the terms of this Order shall control. B)?--THE COURT, Edward E. Guido J. cc: Kelly M. Knight, Esquire - Counsel for Mother Diane M. Dils, Esquire - Counsel for Father i A 016 seal of said Couri at t-arllsle, pa. i h ?/ ?'' ?y f 7?Cc cyL w, 4? -t c c J Prothortu'cbi v VERIFICATION I verify that the statements made in the Complaint to Modify Current Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. ANGER Date: C,1 16 69 470.00 p0 f4IT-1 601545() 0 a 3y 393 JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. COLLIN SWANGER DEFENDANT 2006-941 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 12, 2010 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. Failure to appear at the conference may provide grounds for entry ofa 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/ Dawn S. Sunda 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 FFa OF 1WWnoo*f ZOOS DEC '-? gM 2'.' 24 P ?yNSYLyq? IA JAN 2 2 2010 ? JESSICA NOTZ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER Defendant 2006-941 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 6? f day of , 2010, upon consideration of the attached Custody Conciliation R ort, it is or Bred and directed as follows: 1. A aring is schedule 'n Courtroom Number 3of the Cumberland County Courthouse on the day of YOIM , 2010, at t : 0--jm., at which time testimony will be taken. For purposes of the hearing, the Father, Collin Swanger, shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending the hearing and further Order of Court, the prior Order of this Court dated November 25, 2008 shall continue in effect. BY TOUR , Edward E. Guido J. cc: '" D' ?e M. Dils Esquire - Counsel for Father _? ?Jessica Notz - Mother " 1 l ` 0 3 JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. COLLIN SWANGER Defendant Prior Judge: Edward E. Guido 2006-941 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 Danielle Swanger May 22, 2005 Mother 2. A custody conciliation conference was held on January 19, 2010, with the following individuals in attendance: the Father, Collin Swanger, with his counsel, Diane M. Dils, Esquire, and the Mother, Jessica Notz, who was not represented by counsel. 3. The Father filed this Petition for Contempt and Modification alleging that the Mother has prevented him from having contact with the Child in violation of the existing Order since September 2009. 4. This Court previously entered an Order in this matter on November 25, 2008 under which the Mother has primary physical custody of the Child and the Father has partial physical custody on alternating weekends from Friday through Monday and, during interim weeks, from Monday through Wednesday. The parties were also to participate in co-parenting counseling with Debra Salem. 5. The Mother alleged that she had contacted Children and Youth Services to report that the Father had in the past had inappropriate contact with the Child. The Mother stated that the Child and the Mother were both interviewed as a result by Children and Youth Services prior to Thanksgiving 2009. Both the Father and his counsel indicated that they had received no notification, communication or any type of contact from Children and Youth Services. 6. The Father had been incarcerated (DUI) for a period of time in the summer 2009 and is currently on house arrest during periods when he is not working or doing other authorized activities. The Father seeks to resume his periods of partial physical custody with the Child in accordance with the existing Order which has not been modified or suspended. The parties were unable to reach an agreement at the conference and it will be necessary to schedule a hearing. It is requested that the hearing be expedited as the Father has not been permitted to have contact with the Child for several months. 7. The Father's position on custody is as follows: The Father seeks to have the Order dated November 25, 2008 enforced so that he can resume his periods of custody thereunder. The Father expressed concern that the Mother is interfering with his relationship with the Child and terminated off all contact. According to the Father, the Mother will not permit him to see or talk with the Child and fails to notify the Father of developments, such as enrollment in preschool, affecting the Child. The Father stated that his parents are willing and available to provide transportation for the Child during his periods of custody. The Father adamantly denied the Mother's allegations concerning inappropriate contact between the Father and the Child and the Father indicated that he contacted Children and Youth Services to determine whether the Mother had initiated an investigation and was advised that they were not aware of any matter involving the Father. 8. The Mother's position on custody is as follows: The Mother acknowledged that she discontinued the Father's periods of partial custody with the Child beginning with the Father's 29 day incarceration and continuing to the present. The Mother stated that she does not feel comfortable following the schedule set forth in the current Order at this time. The Mother made allegations concerning the Father's behavior with the Child which were reported to the Mother by the Father's former girlfriend. The Mother stated that she believes that Children and Youth Services is now or will be conducting an investigation of her allegations against the Father. The Mother indicated that she has consulted with counsel and will be represented by an attorney at the hearing. The Mother indicated that she does not intend to permit contact between the Father and the Child pursuant to the partial custody schedule in the November 25, 2008 Order or otherwise. 9. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and continuing the existing Order pending the hearing. The Father requests that the hearing be expedited to the earliest possible date as he has not been permitted to see the Child since September 2009 and the Mother has indicated she does not intend to permit contact pending the hearing. The Mother has not as of this date filed a Petition to Modify or Suspend the existing Custody Order. 1 01 to Date Dawn S. Sunday, Esquire Custody Conciliator JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant 2010 FES } 9 Pf I CJ; - TY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-941 CIVIL TERM CIVIL ACTION -LAW CUSTODY PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, Plaintiff, Jessica Notz (hereinafter referred to as Mother) by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Petition: 1. Petitioner is Jessica Notz, Plaintiff above (hereinafter referred to as "Mother"), who currently resides at 222 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is Collin Swanger, Defendant above (hereinafter referred to as "Father"), who is believed to currently reside at 15 Highland Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The parties are the parents of one (1) child, namely Danielle Swanger, born May 22, 2005 (hereinafter referred to as "the child"). 4. An Order of Court regarding custody of the child was entered on November 25, 2008. Said Order is attached hereto as Exhibit A. 5. Pursuant to the Order, Mother was granted primary physical custody of the child subject to periods of partial custody with Father on alternating weekends from Friday at 5:00 p.m. until Monday at 6:30 p.m. and on alternating weeks from Monday at 12:00 p.m. until Wednesday at 8:00 p.m. 1 -7 0. 60 P"L o ?r P-0.2-37i'd I 6. Historically, anytime Father has not been closely supervised he has shown a pattern of substance and alcohol abuse. Unbeknownst to Mother at the time the November 25, 2008 Order was entered, Father had again digressed into a pattern of alcohol abuse. On October 23, 2008, he was arrested for his third DUI offense, highest rate BAC, a first degree misdemeanor. A Court Summary is attached hereto as Exhibit B. He was sentenced to five years IPP on April 27, 2009. Despite his IPP status, Father continued to drink. Father often did not exercise custody of the child while on drinking binges and Mother did not encourage him to see the child during these periods. 7. On October 1, 2009 a petition was filed by Cumberland County Probation to revoke Father's IP sentence due to violations which included drinking. The sentence was revoked and he was re-sentenced on October 29, 2009 to 1 to 2 years, with house arrest. He spent 29 days in the Cumberland County prison as a result of the violations. 8. Father has admitted to bathing with the child. The child told maternal grandmother that Father asked her "do you want to see my cutie" while bathing with her. Further discussion with the child revealed that Father has been naked in her presence on more than one occasion. The child has said that she "knows how daddy pees... she knows how it comes out". Father's ex-girlfriend, Ms. Danielle Stine, has said that she has seen Father shower naked with the child on more than one occasion and that he often left pornography in open view around the home. 9. Father has on numerous occasions demonstrated an inability to control his anger. The child said that when she is with Father that he screams at her in a threatening way and will not allow her to mention Mother while in his custody. He also limits the child's phone contact with Mother while in his care. The child used to always carry an emergency contact list of telephone numbers, but Father removed the list of numbers from the child's belongings and threw it away while telling her she no longer needed it. 10. The child indicated that Father is nice to her "when she is quiet and watches TV". The child reported that Defendant often yells at her and she gets really scared. 11. In August of 2009, the child's paternal grandmother returned the child to Mother at approximately 9:30 p.m. during Father's period of partial custody because she was crying uncontrollably and wanted to be home with Mother. 12. In September of 2009, while the child was in Father's care, she exhibited extreme stress and wanted to be home with Mother and was crying and calling for Mother. Father became visibly angry at the child for wanting Mother and punished her by leaving her alone in a bedroom crying hysterically until Father's then girlfriend, Ms. Stine intervened. Ms. Stine allowed the child to call Mother, who then picked her up at approximately 10:45 p.m. 13. Father has repeatedly shown aggressive and threatening behavior in front of the subject child as well as Ms. Stine's young daughter, Alexina Stine (age 5). On at least one occasion, Father chased Ms. Stine in his car while the child was with him. On another occasion, Father told Alexina that he would "cut her tongue out" if she continued to talk or cry while he argued with Ms. Stine. After Ms. Stine and Father separated, Alexina was enrolled in counseling due to the abuse she was subjected to while residing in the same home as Father. 14. Mother was recently informed by Ms. Stine that on one occasion Father visited Ms. Stine's home in Harrisburg at approximately 12:00 a.m. midnight for approximately 30 minutes and then said he had to leave because the child was outside in the car with the engine running. 15. As a result of the above, some of which was discovered after Ms. Stine separated from Father, Mother has been terrified to leave the child alone with Father and she has not permitted him to exercise custody. Father has filed a contempt petition against Mother and a hearing is scheduled on before the Hon. Edward E. Guido on March 12, 2010 at 1:00 p.m. 16. Recently, Father contact the child's daycare provider and said that he would be "stopping by". Then, on February 1, 2010, Father went to the child's daycare provider with his father in an effort to obtain custody directly from daycare. Mother fears Father will make additional attempts to take the child and she fears that if he makes a scene in front of the child, who has no seen him in several months, it will cause irreparable psychological damage to the child. 17. Undersigned counsel contacted counsel for Father, Diane Dils, Esquire, and she indicated that her client opposes the relief requested herein. WHEREFORE, Mother respectfully requests that a temporary order be entered suspending Father's periods of partial custody and that Father's periods of custody be supervised at the YWCA until such time as Father's alcohol abuse and anger management issues are addressed and controlled and incidents regarding Father's indecent exposure to the child have been further investigated. Dated: 2 ( ?0 RESPECTFULLY SUBMITTED BY: By: ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, Jessica Notz VERIFICATION I, Jessica Notz, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: - (? 1 CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, Attorney for Plaintiff, Jessica Notz, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Diane M. Dils, Esquire DILS & DILS 1400 North Second Street, First Floor Front Harrisburg, PA 17102 Dated: 2 1?f/d By: __:? JE NE B. COSTOPOULOS, IRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, Jessica Notz EXHIBIT A Nov 2 4 2008(n JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-941 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of N , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of this Court dated October 30, 2007 shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Child on alternating weekends, beginning October 17, 2008, from Friday at 5:00 p.m. through Monday at 6:30 p.m. During the interim weeks, beginning October 13, 2008, the Father shall have custody of the Child from Monday at 12:00 noon through Wednesday at 8:00 a.m., on the condition that the Father adjusts his work schedule to be off work on Tuesdays. 3. The Mother shall be entitled to have custody of the Child if she is available when the Father is working during his periods of custody. 4. Both parties shall ensure that the Child attends her regularly scheduled activities during his or her periods of custody. 5. Both parties shall comply with the custody schedule by being prompt for exchanges of custody. All exchanges of custody, unless otherwise agreed between the parties, shall take place at the Giant store located in Mechanicsburg on Routes 114 and the Carlisle Pike. 6. The parties shall participate in co-parenting counseling with Deborah Salem at Interworks. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of the counseling shall be shared equally between the parties. The parties shall follow the recommendations of the counselor as to the number of sessions and frequency of sessions. The parties shall contact the counselor's office within one (1) week of the date of this Order to schedule the initial appointment. ir 7. Adjustments to the custody schedule shall be made in writing by email communication between the parties. Text messaging shall not be used for this purpose. 8. The parties shall not use third parties as messengers for communications concerning the Child or the custody schedule. The parties shall communicate directly concerning issues involving the Child. 9. The parties and counsel shall attend a custody conciliation conference at the office of the conciliator, Dawn S. Sunday, on Wednesday, January 14, 2009, at 9:00 a.m. for the purpose of reviewing the custodial arrangements. 10. 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. COURT Edward E. Guido J. cc: Kelly M. Knight, Esquire - Counsel for Mother Diane M. Dils, Esquire - Counsel for Father r?ih'?r l? ? ? ? ?A4t i•J AC 13?1j7 EXHIBIT B Cumberland County Court of Common Pleas Court Summary Swanger, Collin Russel DOB:03/11/1983 Sex:Male Camp Hill, PA 17011 Eyes:Blue Hair:Blond or Strawberry Race:Caucasian Closed Cumberland CP-21-CR-0001998.2004 Proc Status: Sentenced/Penalty Imposed DC No: OTN:1-1906074 Arrest Dt: 04/11/2004 Disp Date: 04/26/2005 Disp Judge: Oler, J. Wesley Jr. Def Atty: Perry, Brian W. - (PR) Sea No Statute Grade Descrintion Disposition Sentence Dt. Sentence Tvpe Program Period Sentence Lenath 1 75 § 3802 M DUI: Gen Imp/Inc of Driving Safely - Quashed 2nd Off 2 75 §3802 M1 DUI: Highest Rte of Alc (BAC .16+) Guilty Plea 2nd 08/02/2005 Confinement Other 3 75 § 1543 4 75 § 3307 S 5 75 § 3310 S 6 75 § 3736 S CP-21-CR-0000043-2009 Proc Status: Sentenced/Pen Arrest Dt: 10/23/2008 Disp Date: 03/31/2009 Def Atty: Perry, Brian W. - (PR) Min: 90 Day(s) Max: 23 Month(s) Driv While Oper Priv Susp Or Dismissed (Lower Court) Revoked Pass When Prohib Quashed Follow Too Closely Quashed Reckless Driving Dismissed (Lower Court) alty Imposed DC No: OTN:L4460761 Disp Judge: Ebert, M. L. Jr. Sea no Statute Grade Description Disposition Sentence Dt. Sentence Tvpe Program Period Sentence Length 1 75 § 3802 M2 DUI: Gen Imp/Inc of Driving Safely - Dismissed 3rd Off 2 75 § 3802 M1 DUI: Highest Rte ofAlc (BAC .16+) Guilty Plea 3rd Off or Subsequent 04/27/2009 IPP Other Min: 60 Month(s) Max: 60 Month(s) 10/27/2009 Confinement Other Min: 184 Day(s) Max: 1 Year(s) 11 Month(s) 29 Day(s) 10/29/2009 Confinement Other Min: 1 Year(s) Max: 2 Year(s) 3 75 § 4703 S Operat Veh W/O Valid Inspect Dismissed 4 75 § 3362 S Exceed Max Speed Lim Estb By 18 Withdrawn MPH AOPC 3541 REV. 02117/2010 Page 1 of 1 Printed: 2/17/2010 10:09 AM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. FEB 2 4, ZUIU6 JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-941 CIVIL TERM CIVIL ACTION -LAW CUSTODY ORDER OF COURT d - AND NOW, this day of , 2010, upon consideration of Plaintiff s Petition for Special 44A 0" AO? ?AA it is hereby ORDERED and DECREED that . ice' ' 0--f-?C.x" BY COURT: J. 3 Distribution: Je e B. Costopoulos, Esq., 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 iane M. Dils, Esq., 1400 N. Second Street, Harrisburg, PA 17102 n a I t m -71 'Al r F rri .-OF ":1 ?Li ?-?. _7!'y' ;?s?aY 1 `E _ ! i . , ; JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff JESSICA NOTZ, Plaintiff 2010 FEB 19 i'i'i 1: 6 GU Y -, r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. COLLIN SWANGER, Defendant : No. 2006-941 CIVIL TERM CIVIL ACTION - LAW CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S COMPLAINT TO MODIFY CURRENT CUSTODY ORDER AND CONTEMPT AND NOW, Plaintiff, Jessica Notz (hereinafter referred to as Mother) by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of her Answer: 1. Admitted. 2. Admitted in part; denied in part. It is admitted that Plaintiff resides at 222 Texaco Road, it is denied that she is represented by Kelly M. Knight. By way of further answer, Plaintiff has retained undersigned counsel to represent her interests in this matter. 3. Admitted. 4. Admitted. 5. Admitted. Both parties desire to modify the order. 6. Admitted in part; denied in part. It is admitted that Defendant is currently on house arrest as the result of his third DUI conviction. Plaintiff is without sufficient information to admit or deny Defendant's work hours, although she does believe he works at both Kreamer Brother's Glass and Gullifty's in Camp Hill. 7. Admitted in part; denied in part. It is denied that Plaintiff is currently working. By way of further answer, Plaintiff has not been employed since November of 2009. It is admitted Plaintiff was involved in a criminal incident with her prior employer in April of 2008 and that she was sentenced to probation for a period of three years. 8. Admitted in part; denied in part. It is admitted that Defendant was first incarcerated for his third DUI conviction April 27, 2009 through August 25, 2009, and that he was then on house arrest until he was incarcerated again for a parole violation from October 1, 2009 through October 29, 2009. It is admitted that Defendant has had sporadic telephone contact. By way of further answer, the contact was sporadic because Defendant rarely initiated telephone contact. It is specifically denied that Defendant was denied five scheduled partial custodial periods during the time believed to be referenced. By way of further answer, Defendant was on house arrest after being released from prison for about a month or so during which time he was fighting with his girlfriend and drinking and he was not communicating with Plaintiff. As a result of his drinking, Defendant was sent back to jail on or about October 1, 2009 after his IP sentence was revoked and he was re-sentenced to 1 to 2 years, which he still serving on house arrest. 9. Admitted in part; denied in part. It is admitted that Plaintiff permitted her parents, with whom she resides, to visit and otherwise care for the child during Defendant's incarceration. By way of further answer, Plaintiff also permitted Defendant's parents to visit with the child while Defendant was incarcerated from April 27, 2009 through August 25, 2009. It is denied that Plaintiff permitted Defendant's parents to visit with the child while Defendant was incarcerated from October 1, 2009 through October 29, 2009 because she discovered that they had been taking the child to see Defendant while he was incarcerated without Plaintiff's prior knowledge or consent. 10. Admitted in part; denied in part. It is admitted that Plaintiff has denied physical unsupervised contact between Defendant and the child. It is denied that Plaintiff has denied any contact whatsoever between the Defendant and the child. By way of further answer, Plaintiff has always provided and continues to provide unlimited reasonable telephone contact between the child and Defendant. 11. Denied. Plaintiff has always provided and continues to provide unlimited reasonable telephone contact between the child and Defendant. 12. No answer required. By way of further answer, Plaintiff does not work. Also, Plaintiff has serious concerns about Defendant's ability to properly care for the child. Said concerns are set forth in detail in a Petition for Special Relief filed simultaneously with this Answer and the averments of said Petition are incorporated herein by reference as though fully set forth. 13. No answer required. By way of further answer, in the event a phased-in custody schedule is implemented in the future after Defendant has demonstrated that unsupervised periods of partial custody with the child are appropriate, Plaintiff will not oppose including third parties to provide transportation to and from custody exchanges. 14. No answer required. By way of further answer, Plaintiff is not opposed to contact between the child and her paternal grandparents but does not believe it is necessary for said contact to be court ordered. In addition, Plaintiff is opposed to Defendant leaving the child with his parents for large blocks of time while he is at work, on a drinking binge, incarcerated, or otherwise unable or unwilling to exercise custody when Plaintiff is available. It is Plaintiff's position that Defendant's parents are more concerned about the child than is Defendant and that he would not be pursuing this litigation but for their intervention. 15. Admitted in part; denied in part. It is admitted that Defendant was not involved in schooling decisions. It is denied that Defendant was in a position to be actively involved in light of the fact that he was incarcerated at the time schooling decisions were being made. 16. Denied. By way of further answer, Plaintiff took the child to the beach for one day while Defendant was in jail but she did not stay overnight. 17. Denied. Plaintiff and maternal grandmother are merely attempting to protect the child from harm. It is the goal of Plaintiff and her mother that Defendant get his life together, obtain anger management counseling, obtain therapy, and change his self-destructive lifestyle so that he can become a good father to his child. Until that occurs, Plaintiff and her mother will do anything possible to protect the child from harm. 18. Admitted in part; denied in part. It is admitted that maternal grandmother texted Defendant sometime in the late fall of 2009 regarding her shock and disgust when learning from Defendant's ex-girlfriend that in March of 2009 he had left the child, almost age 4 at the time, unattended in a car in Harrisburg for a half hour with the engine running. Upon reviewing the allegation contained in paragraph 18 of Defendant's Complaint, paternal grandmother contacted Sgt. Hippensteele of Silver Spring Police Department and was told that no harassment charge had been filed. At the conciliation conference on January 19, 2009, Defendant admitted that he did not actually file harassment charges, but rather he sent maternal grandmother a letter requesting that she not contact him in the future. 19. Denied. Plaintiff has never made false allegations of child sexual abuse against Defendant. By way of further answer, Plaintiff made true allegations of Defendant inappropriately exposing himself to the child and inappropriately bathing naked with the child. RESPECTFULLY SUBMITTED: BY: 'c Je a B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Dated: -' ATTORNEY FOR PLAINTIFF VERIFICATION I, Jessica Notz, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date &-E? 1 v CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Plaintiff, Jessica Notz, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Diane M. Dils, Esquire DILS & DILS 1400 North Second Street, First Floor Front Harrisburg, PA 17102 Dated: t By: JEAKNIEt B. COSTOPOULO ,-ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, Jessica Notz r% JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-941 CIVIL ACTION LAW COLLIN SWANGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 24, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 09, 2010 at 9:00_ 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. Failure to appear at the conference may provide grounds for entry of a temporarv 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/ Dawn S. Sunda 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 vF THE O&H???'ARY 2410 MAR -1 FM 2: 3 0 UNTY CUMPENivSYLVANNIA RLEDORCE OF Th'e PROrrO OTAAY 2010 MAR -2 AM 11: 18 CUMBERL[,;" a THE COURT OF COMMON PLEAS JESSICA NOTZ, PENNSYLVANA Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. COLLIN SWANGER, Defendant No. 2006-941 CIVIL TERM CIVIL ACTION -LAW CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONTARY: Kindly withdraw the appearance of Kelly M. Jessica Notz, in the above captioned matter. Dated: Esquire, as attorney for the Plaintiff, 2320 'Xorth Second Street Harrisburg, PA 17110 Phone: (717) 238-8187 PA S. Ct. ID No. 87365 , P.C Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Plaintiff, Jessica Notz, in the above captioned matter. Dated: 0/ ZT/ 0 Jeanne s opoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA S. Ct. ID No. 68735 MAR 2 .2 2010 JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-941 CIVIL ACTION LAW COLLIN SWANGER G 7n Defendant IN CUSTODY ' i ORDER OF COURT J AND NOW, this ,04 day of 204, upon consideration of the attached C stody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders oft is Court dated October 30, 2007 and November 25, 2008 are vacated and replaced with this Order. 2. The Mother, Jessica otz, and the Father, Collin Swanger, shall have shared legal custody of Danielle Swanger, born Ma 22, 2005. Major decisions concerning the Child including, but not necessarily limited to, her heal h, welfare, education, religious training and upbringing shall be made jointly by the parties after disc ssion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each p y shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent hen having physical custody. With regard to any emergency decisions which must be made, the pare it having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each part shall be entitled to complete and full information from any doctor, dentist, teacher, professional o authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. From March 9 through June 10, 2010: The Father shall have custody of the Child on Tuesday, March 9 and Thursday, March 11 from 5:00 p.m. until 7:00 p.m. The Father shall have custody of the Child on Saturday, March 13 and Sunday, March 14 from 12:00 noon until 5:00 .m. The Father shal have custody of the Child from Tuesday, March 16 from 5:00 p.m. until Wednesday, March 17 at :00 a.m. The Father shall 7:00 p.m. Beginning on custody of the Child every wi Beginning on alternating weekends from Fi B. Be ig nniny, J 10, in addition to the periods o Father shall also have custody 8:00 a.m. unless the Child's co Thursday overnights would be Child's counselor, the schedule the Father and counsel for eitb necessary. C. The Mother the Father. custody of the Child on Thursday, March 18 from 5:00 p.m. until iesday, March 23 and continuing thereafter, the Father shall have from Tuesday at 5:00 p.m. through Wednesday at 8:00 a.m. -iday, March 26, the Father shall have custody of the Child on y at 5:00 p.m. through Monday at 8:00 a.m. ie 10, 2010 and continuing thereafter: Beginning on Thursday, June custody for the Father specified in paragraph A of this provision, the f the Child every week from Thursday at 5:00 p.m. through Friday at nselor indicates that expansion of the custody schedule to include the letrimental to the Child. In the event of such a determination by the hall not be expanded automatically to include Thursday overnights for r party may contact the conciliator to schedule further proceedings if have custody of the Child at all times not otherwise specified for 4. The parties shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement between the parties. The parties shall select the counselor and contact the counselor's of ice with 10 days of the date of the custody conciliation conference to schedule the Child's first session. 5. The parties shall share having custody of the Child on holidays in accordance with the following schedule: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 11:00 a.m. and the Father shall have custody from Christmas Day at 11:00 a. m. through December 26 at 5:00 p.m. B. Thanksgiving: In every year, the Father shall have custody of the Child from the Wednesday, before Thanksgivi g at 5:00 p.m. through Thanksgiving Day at 3:00 p.m., and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday at 5:00 p.m. C. Easter: In even-numbered years, the Mother shall have custody of the Child on the Saturday before Easter from :00 a.m. until 5:00 p.m. and the Father shall have custody on Easter Sunday from 9:00 a.m. until 6 00 p.m. In odd-numbered years, the Father shall have custody on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody on Easter Sunday from 9:00 a.m. until 5:)0 p.m. Notwithstanding the foregoing, for 2010, the Father shall have custody of the Child for the Easter holiday from Saturday at 12:30 p.m. through Monday at 8:00 a.m. D. Memorial D /Labor Da : In every year, the Father shall have custody of the Child on Memorial Day from 9:00 .m. until 5:00 p.m. and the Mother shall have custody on Labor Day from 9:00 a.m. until 5:00 p.m. E. Mother's D /Father's Da : In every year, the Mother shall have custody of the Child on Mother's Day and th Father shall have custody on Father's Day from 9:00 a.m. until 5:00 p.m. F. Child's Birth a : The non-custodial parent shall be entitled to have custody of the Child on her birthday for a mini um of three (3) hours as arranged by agreement between the parties. G. Parents' Birtda s: Each party shall be entitled to have custody of the Child on that parent's birthday each year for minimum of three (3) hours as arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. All exchanges of custody which do not take place at the Child's daycare/school shall take place at the Giant Store located n Simpson Ferry Road in Mechanicsburg. 7. The parties shall operate in making childcare arrangements for the Child during the Summer, if necessary, by agree ent. 8. Neither party shall consume alcohol during periods of custody with the Child. 9. Both parties shall ens a that during his or her periods of custody, there are no naked adults or naked male children in the pr Bence of the Child at any time. 10. In the event either p4rty is incarcerated, the other party shall automatically assume primary physical custody of the Child, ith reasonable partial custody to the other parent upon release from prison pending a hearing on the ustody issue. 11. The Father agrees th? he will not work at his part-time job during periods of custody with the Child. 12. The Mother shall prgmptly add the Father's name to the contact list at the Apple Dumpling Gang Daycare in which the Chil is enrolled. 13. The parties shall diligently investigate obtaining co-parenting counseling at a reasonable cost and shall participate accordi gly. 14. The non-custodial arent shall be entitled to have reasonable telephone contact with the Child. Each party shall only use the telephone numbers for the other party, including cell phones, for sharing important information regarding the Child. Use by either party of the other party's telephone numbers, including cell phones, for reasons other than sharing important information concerning the Child will be considered a violation of this Order. 15. Neither party shall d or say anything which may estrange the Child from the other parent, injure the opinion of the Child a to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Neither party shall allow the Child to remain in the presence of a third party who is of complying with this provision. 16. This Order is entere without prejudice to the Father's right to assert all claims which he has previously raised in his Petit on for Contempt in future proceedings in the event of further alleged violations. 17. Both parties shall or her periods of custody. 18. Both parties shall custody. that the Child attends her regularly scheduled activities during his y with the custody schedule by being prompt for exchanges of 19. The parties shall n t use third parties as messengers for communications concerning the Child or the custody schedule. he parties shall communicate directly concerning issues involving the Child. 20. This Order is enter conference. The parties may z email communication between absence of mutual consent, the t pursuant to an agreement of the parties at a custody conciliation lify the provisions of this Order by mutual consent in writing by parties. Text messaging shall not be used for this purpose. In the Ls of this Order shall control. BY THE COURT E. Guido cc: '. Jpanne B. Costopoulos, F ./Diane M. Dils, Esquire - C6e'S enatUJ 3`A310 ?--Trj - Counsel for Mother el for Father J. I JESSICA NOTZ vs. COLLIN S WANGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 2006-941 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido IN ACCORI PROCEDURE 1915.3-8, the 1. The pertinent follows: NAME Danielle Swanger y 22, 2005 Mother 2. A custody conciliation conference was held on March 9, 2010, with the following individuals in attendance: the other, Jessica Notz, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Collin Swange , with his counsel, Diane M. Dils, Esquire. 3. The Father previou ly filed a Petition for Contempt which had been scheduled by the Court for hearing on March 12, 201 . The Court directed that the conciliation conference on the Mother's subsequently filed Petition for Special Relief be held prior to the date of hearing so that all outstanding issues could be addressed at t time of the hearing, if necessary. To their credit, the parties were able to reach an agreement on the utstanding issues eliminating the need for the scheduled hearing. The parties agreed that the Fathe reserves his right to raise the allegations stated in the Petition for Contempt (on which the he ing has been cancelled) in subsequent proceedings if further alleged violations by the Mother occ . 4. The parties agreed tb entry of an Order in the form as attached. Date CE WITH CUMBERLAND COUNTY RULE OF CIVIL ersigned Custody Conciliator submits the following report: ion concerning the Child who is the subject of this litigation is as TH CURRENTLY IN CUSTODY OF Dawn 'Sunday, Esquire Custody Conciliator ~> 3 JUN L 8 2010 ~ LAW OFFICES OF DILS &DILS ~ ~ ;_ DIANE M. DILS, ESQUIRE -~- Attorney LD. No. 71873 n ~ ` ~ ~~~ 1400 North Second Street, First Floor, Front .~' ~ ~ -!'% `,-'' Harrisburg PA 17102 ~,---~ ~ - , -~ ~~ _~ c : , Telephone No. (717) 232-9724 ~= ~- ~'~ _ _ E.::; Y ~- ~ N .~' «'i Attorney for Collin Swanger, Defendant ~ .. ~-, ...: JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006-941 COLLIN SWANGER, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT AND NOW this ~ ay of y'~ ~ll~ , 2010, upon presentation and consideration of the within Petition for Emer ency Relief it is hereby Order a.. hea,~~N ~ ,~o,c•e~.~ w : ~~ ~e ~ c l'd o~1 ~. ~y~ .~/D that ' ' hey c,.-f- t•'3d ~D• i~ au TaooM 3~ ' nger, om it 'h B' Judge ~tribution: D' ne M. Dils, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 /Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C, Mechanicsburg, Pa. 1.7055 ,, ~.~ ~ ~ ~v ~-L'~ i ~ 1C' i P r ~ .. ~l~\t1 z~~a ~,,t~. -~ ~~v=~~~ 1 G" ' R ! ~~ ~ ~V i 1 ~ 1`' ~ j~i_~.. ~ ~..v. ..~ JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006-941 COLLIN SWANGER, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT AND NOW this ~ da of Jul 2010 this Court havin been Y Y> g advised that the parties, through Counsel, have reached an Agreement as to the issues contained in the Petition for Emergency Relief filed by the Defendant, Collin Swanger, and that there is no need for the terms of the Agreement to be placed in writing, in that Counsel have documented the same through e-mail communication, it is hereby ORDERED that the hearing scheduled for July 7, 2010 is canceled and the Petition for Emergency Relief is dismissed. BY CO T: The Honorable Edward E. Guido, Judge tribution: Diane M. Dils, Esquire, 1400 N. Second Street, Harrisburg, Pa. 17102, Fax: (717) ~3-2567; didils(awerizon.net Jeanne B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C, Mechanicsburg, Pa. 17055 Fax: (717) 591-9065; jbclegal(a~~mail.com ~aI~E.S ry~l I ~~4/l~ ~~ ~~~ ~ ~~ ATTORNEYS AT LAW 1400 NORTH SECOND STREET (FIRST FLOOR FRONT) HARRISBURG, PENNSYLVANIA 17102 ARTHUR K. DILS DIANE M. DILS July 6, 2010 The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTN: Sandy Dear Judge Guido: RE: Jessica Notz v. Collin Swanger No. 2006-941 Civil Term Petition for Emergency Relief PHONE: (717) 233-8743 FAX: (717) 233-2567 I represent Collin Swanger; Jessica Notz is represented by Attorney Jeanne' B. Costopoulos. A Petition for Emergency Relief was filed on behalf of Collin Swanger and your Honorable Court scheduled a hearing for Tuesday, July 13, 2010 at 1:30 p.m. in connection with said Petition. The parties have reached a full and complete agreement concerning the issues set forth in the Petition. Enclosed herewith is a proposed Order, which has been reviewed by Attorney Costopoulos, and it is respectfully requested the same be approved by your Honorable Court. Thank you for your anticipated cooperation in this matter. /~ Very ruly yo , Diane M. ils Cc: Jeanne' B. Costopoulos, Esquire 1D5V1 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant Collin Swanger JESSICA NOTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER, Defendant No. 06-941 CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CONTEMPT OF ORDER OF COURT AND NOW, this ??- day of 2010, comes the Defendant, Collin Swanger, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Movant is the above named Defendant, Collin Swanger, an adult individual currently residing 12 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, and is represented by Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, First Floor Front, Harrisburg, Pennsylvania 17102. 2. The Plaintiff, Jessica Notz, is an adult individual currently residing at 222 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and represented by Attorney Jeanne B. Costopoulos, whose office is located at 210 Grandview Avenue, Suite 102, Camp Hill, Pennsylvania 17011. 3. Plaintiff and Defendant are the natural parents of one child; namely: Danielle Swanger, born May 22, 2005. 4. Attached hereto and marked Exhibit "A" is a copy of the current Order of Court entered setting forth the current custodial arrangements regarding the minor child. 5. Since the entry of said Order, the Mother, Jessica Notz, has continually and on a regular basis has failed to comply with the shared physical custodial rights of the father, Collin Swanger. 6. Mother, Jessica Notz, simply fails to appear at the custodial exchanges. 7. Mother, Jessica Notz, sometimes, will call and indicate the child does not want to come, and fails to appear.. 8. There has been no recommendation by any counselor that the shared physical custody rights of the father should not occur. 9. Mother has no respect whatsoever for the father and continues to interfere with the custodial rights of the father. 10. Father has appeared at every custodial exchange pursuant to the Order of Court and Mother continually fails to appear, at times, giving no notice and no valid reason whatsoever. 11. Father previously filed contempt against Mother and said contempt allegations were held in abeyance pending Mother's compliance with the current Order. These prior contempt allegations dealt with Mother denying Father all contact with the minor child for more than six months. 1'12. Father respectfully requests that the prior contempt allegations be heard simultaneously with this current contempt proceeding. 13. Father believes Mother will continue to do as she pleases and disregard any Order of Court. 14. Father will provide all dates that Mother failed to appear for the custodial exchanges at the time of the conciliation conference and before your Honorable Court. 15. Mother is interfering with the relationship between Father and child to such an extent that it is believed it is best that. primary physical custody be granted to Father with partial custodial rights in Mother.. 16. Father will continue to comply with all Orders of Court and will provide Mother with the partial custody rights as Ordered. 17. Father has been required, once again, to pay the fees and costs in the amount of $1,000.00 for the filing of this contempt proceeding. 18. Father requests that Mother be required to pay Father's attorney's fees for this proceeding as well as $1,000.00 for the prior contempt proceedings. 3 WHEREFORE, father, Collin Swanger, through his attorney, Diane M. Dils, Esquire, respectfully prays your Honorable Court to find the mother, Jessica Notz, in contempt of the Court Order., to Order primary physical custody in the father Collin Swanger, with partial custody rights in mother every other weekend from Friday to Sunday and further, to Order mother to be responsible for father's costs and counsel fees in the amount of Two Thousand Dollars ($2,000.00). Respectfully submitted, I BY: i Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 4 NAR 2 2 2010 JESSICA NOTZ IN THE COURT OF COMMON PLEAS 0 I Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006=141 CIVIL ACTION LAW COLLIN S WANDER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 0 clay of U , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated October 30, 2007 and November 25, 2008 are vacated and replaced with this Order. 2. The Mother, Jessica Notz, and the Father, Collin Swanger, shall have shared legal custody of Danielle Swanger, born May 22, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parities after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. From March 9 through June 10, 2010: The Father shall have custody of the Child on Tuesday, March 9 and Thursday, March 11 from 5:00 p.m. until 7:00 p.m. The Father shall have custody of the Child on Saturday, March 13 and Sunday, March 14 from 12:00 noon until 5:00 p.m. The. Father shall have custody of the Child from Tuesday, March 16 from 5:00 p.m. until Wednesday, March 17 at 8:00 a.m. The Father shall have custody of the Child on Thursday, March 18 from 5:00 p.m. until 7:00 p.m. Beginning on Tuesday, March 23 and continuing thereafter, the Father shall have custody of the Child every week from Tuesday at 5:00 p.m. through Wednesday at 8:00 a.m. Beginning on Friday, March 26, the Father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. through Monday at 8:00 a.m. B. Beginning June 10, 2010 and continuing thereafter: Beginning on Thursday, June 10. in addition to the periods of custody for the Father specified in paragraph A of this provision, the Father shall also have custody of the Child every week from Thursday at 5:00 p.m. through Friday at 8:00 a.m. unless the Child's counselor indicates that expansion of the custody schedule to include the Thursday overnights would be detrimental to the Child. In the event of such a determination by the Child's counselor, the schedule shall not be expanded automatically to include Thursday overnights for the Father and counsel for either party may contact the conciliator to schedule further proceedings if necessary. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father. 4. The parties shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement between the parties. The parties shall select the counselor and contact the counselor's office with 10 days of the date of the custody conciliation conference to schedule the Child's first session. 5. The parties shall share having custody of the Child on holidays in accordance with the following schedule: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at .5:00 p.m. through Christmas Day at 11:00 a.m. and the Father shall have custody from Christmas Day at 11:00 a.m. through December 26 at 5:00 p.m. B. Thanksgiving: In every year, the Father shall have custody of the Child from the Wednesday, before; Thanksgiving at 5:00 p.m. through Thanksgiving Day at 3:00 p.m., and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday at 5:00 p.m. C. Easter: In even-numbered years, the Mother shall have custody of the Child on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Father shall have custody on Easter Sundav from 9:00 a.m. until 6:00 p.m. In odd-numbered years, the Father shall have custody on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody on Easter Sunday from 9:00 a.m. until 5:00 p.m. Notwithstanding the foregoing, for 2010, the Father shall have custody of the Child for the Easter holiday from Saturday at 12:30 p.m. through Monday at 8:00 a.m. D. Memorial Day/Labor Day: In every year, the Father shall have custody of the Child on Memorial Day from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody on Labor Dav from 9:00 a.m. until 5:00 p.m. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 5:00 p.m. F. Child's Birthday: The non-custodial parent shall be entitled to have custody of the Child on her birthday for a minimum of three (3) hours as arranged by agreement between the parties. G. Parents' Birthdays: Each party shall be entitled to have custody of the Child on that parent's birthday each year for a minimum of three (3) hours as arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. All exchanges of custody which do not take place at the Child's daycare/school shall take place at the Giant Store located on Simpson Ferry Road in Mechanicsburg. 7. The parties shall cooperate in making childcare arrangements for the Child during the Summer, if necessary, by agreement. 8. Neither party shall consume alcohol during periods of custody with the Child. 9. Both parties shall ensure that during his or her periods of custody, there are no naked adults or naked male children in the presence of the Child at any time. 10. In the event either party is incarcerated, the other party shall automatically assume primary physical custody of the Child, with reasonable partial custody to the other parent upon release from prison pending a hearing on the custody issue. 11. The Father agrees that he will not work at his part-time job during periods of custody with the Child. 12. The Mother shall promptly add the Father's name to the contact list at the Apple Dumpling Gang Daycare in which the Child is enrolled. l 3. The parties shall diligently investigate obtaining co-parenting counseling at a reasonable cost and shall participate accordingly. 14. The non-custodial parent shall be entitled to have reasonable telephone contact with the Child. Each party shall only use the telephone numbers for the other party, including cell phones, for sharing important information regarding the Child. Use by either party of the other party's telephone numbers, including cell phones, for reasons other than sharing important information concerning the Child will be considered a violation of this Order. 15. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Neither party shall allow the Child to remain in the presence of a third party who is not complying with this provision. 16. This Order is entered without prejudice to the Father's right to assert all claims which he has previously raised in his Petition for Contempt in future proceedings in the event of further alleged violations. 17. Both parties shall ensure that the Child attends her regularly scheduled activities during his or her periods of custody. 18. Both parties shall comply with the custody schedule by being prompt for exchanges of custody. 19. The parties shall not use third parties as messengers for communications concerning the Child or the custody schedule. The parties shall communicate directly concerning issues involving the Child. 20. 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 writing by email communication between the parties. Text messaging shall not be used for this purpose. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT E. Guido J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Diane M. Dils, Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony whereof.) here unto set my hand and the Segof_"Id Court at arlisie, Pa. °eY of , 20 Protho ry JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER Defendant Prior Judge: Edward E. Guido 2006=941 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 Danielle Swanger May 22, 2005 Mother 2. A custody conciliation conference was held on March 9, 2010, with the following individuals in attendance: the Mother, Jessica Notz, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Collin Swanger, with his counsel, Diane M. Dils, Esquire. 3. The Father previously filed a Petition for Contempt which had been scheduled by the Court for hearing on March 12, 2010. The Court directed that the conciliation conference on the Mother's subsequently filed Petition for Special Relief be held prior to the date of hearing so that all outstanding issues could be addressed at the time of the hearing, if necessary. To their credit, the parties were able to reach an agreement on the outstanding issues eliminating the need for the scheduled hearing. The parties agreed that the Father reserves his right to raise the allegations stated in the Petition for Contempt (on which the hearing has been cancelled) in subsequent proceedings if further alleged violations by the Mother occur. 4. The parties agreed to entry of an Order in the form as attached. unday, Esquire - `J Date Dawn --S' Custody Conciliator VERIFICATION The undersigned, Diane M. Dils, Esquire, hereby verifies and states that: 1. She is the attorney for Defendant, Collin Swanger. 2. She is authorized to make this verification on Defendant's behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P., Rule 1024(c). 4. The statements set forth in the foregoing Complaint for Contempt are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Diane PA Dils, Esquire Date: - I t? CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint for Contempt of Court Order and Modification of Order has been served upon the following individual, by first: class, United States mail, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this -L/Iday of 2010, addressed as follows: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA. 17055 Respectfully submitted, t BY_ Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: September 14, 2010 JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF PI_,f1INTIFF CUMBERLAND COUNTY, PENNSYLVANIA v' ~ 2006-941 CIVIL ACTION LAW `.-,?r~ ~: ~-;~ . ~..1~'fi ~ .. ~~-~ ras3~.r COLLIN SWANGER ~`°~° ~'` ° ~'~ ' =~ IN CUSTODY a,_° :~r ~ DI~;FFNDANT -'cam ~,; . ~ c ~-r^ _._-,' --~ r., , _ ORDER OF COURT ~ ~`~ , AND NOW, Mond~Se ptember 20, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn 5. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsbur~,_PA 17055 on Tuesday, October 19, 2010 __ at 9:00 AM Tor aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds 'for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin#;. FOR THE COURT, By: /s/ Dawn S. Sunda 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 infoi--nation 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 PAPEK TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI-{ 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 4~a~,~ro C~ C~or,,f .~na~~.~o A.I.I~~i . ~~ls ~~~ ,n.a~t~ ~1v .A l~ J . (~s,{~~-1os Co ~Y ~ ~1~~ , S'r~ ~~ JESSICA NOTZ vs. COLLIN SWANGER ORDER OF COURT AND NOW, this d ~ day of ,`~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1 A hearing is schedul~~d~~in Courtroom Number 3 f the Cumberland County Courthouse on the /6'~'~ day of ~~:ww~'1 , 20~b at ~;~~m., at which time testimony will be taken. For purposes of the hearing, the Father, Collin Swanger, shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending the hearing and further Order of Court, the prior Order of this Court dated March 23, 2010 shall continue in effect. THE COU , Edward E. Guido cc: ~ane M. Dils, Esquire -Counsel for Father ~ Jeanne B. Costo oulos Es uire -Counsel for Mother P ~ q ~i~.s m~i'L~ ~~ ~.~ ~a ~~ Nav o ~ ~u,3 u IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2006-941 CIVIL ACTION LAW Defendant IN CUSTODY J. ~ c~ ,; v~ ~~ ~ ~ry~ ~I..i C~ ~ ~~ C,"~ "~ '; .. _~; - ~ tv ~ f.^ ._..qC.~ .~~ C=am =' ` ~ ~,.. 'rl r~ `T7 C i :~~ ~ y ~._,~. .r. A_= t~ ~fTt ~1 ~, -< ~. JESSICA NOTZ vs. COLLIN SWANGER IOU 012010 Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-941 CIVIL ACTION LAW 1N CUSTODY Prior Judge: Edward E. Guido 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 Danielle Swanger May 22, 2005 Mother/Father 2. A custody conciliation conference was held on October 19, 2010, with the following individuals in attendance: the Father, Collin Swanger, with his counsel, Diane M. Dils, Esquire, and the Mother's counsel, Jeanne B. Costopoulos, Esquire. The Mother, Jessica Notz, advised that she was in a car accident on the way to the conciliation conference and participated in the conference by telephone. 3. The Father filed this Petition for Contempt alleging that the Mother has repeatedly violated the prior Order of this Court dated May 23, 2010 under which the parties share physical custody of the Child. The Father previously filed a Petition for Contempt which had been scheduled for hearing in March, 2010. At that time, the Mother acknowledged that she had discontinued the Father's periods of custody with the Child as she did not believe that following the prior Court Order was in the Child's best interests. The parties were able to adjust the custodial arrangements to resolve most of the concerns and an Order was entered reflecting the parties' agreement on March 23, 2010 which includes provision 16 specifying that the Father may raise claims initially stated in his original Petition for Contempt in future proceedings in the event of future violations. The Father filed this subsequent Petition for Contempt alleging that soon after the prior Order was entered in March, the Mother again stopped making the Child available for his periods of custody under the shared physical custody schedule. .1 4. The Father requested that a hearing be scheduled on the current Petition for Contempt and on his subsequent Petition as permitted by the prior Court Order dated March 23, 2010. 5. The Father's position on custody is as follows: The Father stated that shortly following the entry of the March 23, 2010 Order, the Mother stopped making the Child available again for his periods of shared custody. The Father believes that the Mother will never comply with the Court Ordered custodial arrangements unless she is formally held in contempt and required to pay his legal costs. Despite the Mother's pledge to abide by the Court Order in the future and apology, the Father does not believe the Mother will follow through. The Father believes that the Mother's actions have negatively affected his relationship with the Child and noted that for an extended one year period of time, the Child was completely withheld from him. The Father wants this matter to be addressed by the Court at this point and seeks a finding of contempt, reimbursement for his legal costs and a modification to the custody schedule giving him primary physical custody of the Child. 6. The Mother's position on custody is as follows: The Mother acknowledged that she had not completely complied with the Order dated March 23, 2010 and on some occasions had not made the Child available for periods of custody. According to the Mother, the Child often says that she does not want to go with the Father for some periods and other times the Child has not been feeling well. The Mother attempted to assure the Father that the Child will be made available at all times under the existing schedule in the future. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the Father's Petitions for Contempt. Neither party intends to present expert testimony at the hearing. It is anticipated that the hearing will require less than one-half day. C~~,~ ~G, ~-otO Date Dawn S. Sunday, Esquire Custody Conciliator 1ILEO-OFF OF TEE PROTHO' 2010 NOV 22 AM 11: 49 JEANNE B. COSTOPOULOS, ESQUIRE QUMBERLAND COUNT ?Attorney I.D. No. 68735 PENNSYLVANIA 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. COLLIN SWANGER, Defendant : No. 2006-941 CIVIL TERM CIVIL ACTION -LAW CUSTODY PETITION TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW, comes Jeannd B. Costopoulos, Esquire, and respectfully represents the following in support of this Petition to Withdraw as Counsel for Plaintiff: 1. Petitioner is undersigned counsel, Jeannd B. Costopoulos, Esquire, attorney of record for Jessica Notz, Plaintiff in the above captioned case. 2. Plaintiff has exhausted her retainer for legal services of Petitioner. 3. Plaintiff has not provided additional funds to Petitioner for continued representation, despite repeated requests by Petitioner. 4. Plaintiff may be eligible for representation through legal services. 5. A hearing has been scheduled before the Hon. Edward E. Guido on December 10, 2010 regarding a Petition for Contempt filed by Defendant. 6. Counsel for Defendant, Diane Dils, Esquire, does not object to the relief requested herein. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to grant her leave to withdraw as counsel from Plaintiff's case. Respectfully Submitted: By: JEANN B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: //// 7 0f 0 VERIFICATION I, Jeanne B. Costopoulos, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn verification to authorities. Date: ZOt 0 Jeanne B. Costopoulos - Petitioner CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Jessica Notz 222 Texaco Road Mechanicsburg, PA 17050 Diane Dils, Esquire 1400 N. Second Street Harrisburg, PA 17102 By: JE E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: //!/ 71F d'/ 0 NOV23ZUV JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-941 CIVIL TERM CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW this _4:?3 4 day of NA0Yj.**n f/Z , 2010, a Rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable,?p days from service. BY.,1 COURT: Distribution: C C _ rn Urn tot m 0 3a J. Jeanne B. Costopoulos, Esq., 130 Gettysburg'Pike, Suite C, Mechanicsburg, PA 17055 Jessica Notz, 222 Texaco Road, Mechanicsburg, PA 17050 Diane Dils, 1400 N. Second Street, Harrisburg, PA 17102 Apr '?s n,a,' I ed ) 4.94 o JESSICA NOTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. COLLIN SWANGER, CIVIL ACTION - LAW Defendant/Petitioner: NO. 2006-941 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 10th day of December, 2010, after hearing, we find the Plaintiff to be in contempt of our prior order, and she is so adjudicated.. Sentence of the Court is the Plaintiff be placed on probation for six months subject to the following conditions: 1. That she reimburse Defendant $2,000.00 for his legal fees. 2. That she faithfully abide by the court order of March 23, 2010. 3. The Defendant's support arrears shall be forgiven and applied to the sums due under this order. By theme "urt, Edward E. Guido, J. Jeanne B. Costopoulos, Esquire For the Plaintiff/Respondent Diane M. Dils, Esquire For the Defendant/Petitioner DRO l f h Qcz Cvs rn'a t 6L /a rM G? IS CD C= -=+ -C N O O d rrr C -n fn ? -urn 710 C)(= o -?o =-n O `n O n D? JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA - V. rTj 2006-941 CIVIL ACTION LAW p 1 r C:) COLLIN SWANGER IN CUSTODY DEFENDANT 2 >`= {:? ORDER OF COURT AND NOW, Tuesday, Sep tember 20, 2011 , upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg PA 17055 _ on _ Wednesday, October 19, 2011 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. a• 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/ Dawn S. Sunda 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 o 00 q(?? Telephone (717) 249-3166 /'p MC7t/,PC/ Svnc? ?O/)C'??c??i' Ali P7C LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 Telephone No. (717) 232-9724 .e 1E Al •L,? C?1Ma i^r •3i 1 Attorney for Defendant, Collin Swanger JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER, Defendant NO. 06-941 CIVIL ACTION - LAW CUSTODY NOTICE TO PLEAD TO: Jessica Notz c/o Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA. 17013 You are hereby notified to plead to the within Counterclaim within twenty (20) days after date of service hereof. Respgctfiilly submitted, BIB: Diake M'Dils, Esquire 1b0 N. Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: October 19, 2011 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Collin Swanger JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER, Defendant NO. 06-941 CIVIL ACTION - LAW CUSTODY ANSWER TO PETITION TO MODIFY CUSTODY WITH COUNTERCLAIM AND NOW, this day of October, 2011, comes the Defendant, Collin Swanger, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Paragraph one (1) is admitted. 2. Paragraph two (2) is admitted. 3. Paragraph three (3) is admitted. 4. Paragraph four (4) is denied. It is denied that there have been significant changes in circumstances that require a change in the current custody Order; however, if it is found that there has been a significant change in circumstances, Father believes it is in the best interest of his daughter, that he be granted primary physical custody. See Counterclaim following. WHEREFORE, Defendant respectfully requests that Plaintiff's Petition be denied. COUNTERCLAIM 5. Mother continually interferes with the relationship between Father and the minor child. 6. Mother continually fails to notify Father of the whereabouts of the minor child. 7. Mother requested a vacation with the child from Saturday, September 10th until September 18th, 2011, notify Father that she desired to take the child to Bermuda, and requested Father sign the application for a passport. 8. After a hurricane, Mother changed her plans and went. to the Bahamas and Florida, but never notified Father. 9. Mother provided telephone numbers to Father; however, Father was unable to get a hold of his daughter or leave a message. 10. Father agreed to modify the custody schedule and permit Mother to have the minor child from Friday, September 9, 2011 until Sunday, September 18, 2011 at 10:00 a.m. for her scheduled vacation. 11.Mother failed to return the child on Sunday, September 18, 2011 at 10:00 a.m. and instead, contacted Father two days after she left, telling Father they would not be back on September 18, 2011 at 10:00 a.m. to return the child. 12.It is noted that Mother executed the Verification to her Petition to Modify Custody on September 12, 2011, even though she told Father she would be on vacation from September 10, 2011 through September 18, 2011. 13.Obviously, Mother was not on vacation, but was in her Attorney's office on Monday, September 12, 2011. 14.Father was unable to speak with his daughter from September 10th through September 18th, even though Mother was in the area at least through September 12, 2011. 15.Mother changed the child's school to Hampden Elementary, without Father's consent or consultation with Father. 16.Mother is not providing any documentation to Father of the child's schooling. 17.During Mother's custodial periods, Mother does not return Father's calls, and does not permit the child to speak with Father. 18.During Father's custodial periods, Mother calls twice a day, morning and evening to speak with the minor child. Father permits one call per day during his custodial periods. 19.Father believes it is in the best interests of the minor child that he be granted primary physical custody or, in the alternative, that the parties continue to share physical custody modifying the schedule week on/week off. WHEREFORE, Father, Collin Swanger, through his attorney, Diane M. Dils, Esquire, respectfully prays your Honorable Court to grant his Counterclaim. Respectf4lly submitted, c ,F V B Y *?_. (Diane M. Mils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: October 19, 2011 VERIFICATION I verify that the statements made in this ANSWER ITITTI COUNTERCLAIM are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. COLLIN S14ANCER Date: CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Answer with Counterclaim has been served upon the following individual, by hand delivery at Mechanicsburg, Pennsylvania on this 19th day of October, 2011, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA. 17013 Respectfully submitted, iane M. Dil , squire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: October 19, 2011 f.. _. L ?fl?j? iµ ! ii f rf . F Y! {{ 4 3? 1 V 1 U i f 1.:4 t p t 06CAb ll LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Collin Swanger JESSICA NOTZ, . Plaintiff/Respondent vs. COLLIN SWANGER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-941 CIVIL ACTION - LAW CUSTODY PETITION FOR EMERGENCY CONTEMPT OF ORDER OF COURT AND NOW, this 19th day of December, 2011, comes the Defendant, Collin Swanger, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is the above named Defendant, Collin Swanger, an adult individual currently residing 15 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011, and is represented by Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, First Floor Front, Harrisburg, Pennsylvania 17102. jd G QJ.L 42 6?F1 2. The Respondent, Jessica Notz, is an adult individual currently residing at 1143 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 and represented by Attorney Robert A. Kulling of Rominger & Associates, 155 South Hanover Street, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant are the natural parents of one child; namely: Danielle Swanger, born May 22, 2005. 4. Attached hereto and marked Exhibit "A" is a copy of the current Order of Court entered setting forth the current custodial arrangements regarding the minor child dated October 24, 2011 which incorporates the prior Order dated March 23, 2010, attached hereto and marked Exhibit "B". 5. Your Petitioner's scheduled weekend visit to occur on Friday, December 16, 2011 at 5:00 p.m. was denied by the Respondent. 6. The Respondent failed to appear at the home of the Petitioner as required by Paragraph 7 of the Order dated October 24, 2011. 7. The Petitioner called the Respondent from his cell phone number and the cell phone of his girlfriend, approximately four times on or around 5:00 p.m. on December 16, 2011. 8. All calls either went directly to voice mail or Petitioner received a message that the "customer is not able to be reached". 9. Your Petitioner then went to the home of a neighbor and called the Respondent. 10. The Respondent answered and when your Petitioner asked the whereabouts of his daughter, the Respondent hung up on him. 11. The Respondent denied your Petitioner Thanksgiving Eve custody pursuant to Paragraph 5B of the Order dated March 23, 2010. 12. Your Petitioner mistakenly believed the Respondent as to deliver the minor child to his home for the Thanksgiving holiday custodial period; however, pursuant to Paragraph 7 of the Order dated October 24, 2011, your Petitioner was to pick up the child at Giant in Camp Hill. 13. Your Petitioner called the Respondent to explain his mistake at 5:15 p.m. and the Respondent informed Petitioner that she could not wait any longer at the Giant store, as her husband had to be at work at 6:00 p.m. 14. Your Petitioner offered to pick up at the Respondent's home. Respondent denied. 15. Your Petitioner called Respondent at 5:59 p.m. and spoke to Respondent's husband, even though he was to be at work at 6:00 p.m., and Respondent's husband indicated the minor child was eating, and hung up on the Petitioner. 16. Your Petitioner did not get his daughter for the Thanksgiving holiday until the morning of Thanksgiving. 17. Your Petitioner was also denied a custodial visit on September 23, 2011. 18. Your Petitioner was previously held in contempt by Your Honorable Court, The Honorable Edward E. Guido in December of 2010, and as a result, your Petitioner was granted make-up time and the Respondent was required to pay attorney fees and costs, less any arrearage per the support Order, and was placed on probation for six months. See Exhibit "C" attached hereto being a copy of said Order dated December 10, 2010. 19. Pursuant to said Order dated December 10, 2010, Respondent retained new counsel in June of 20.10, attempting to work out a payment schedule for the attorneys fees in the amount of $2,000.00. 20. Your Petitioner, attempting to be reasonable, agreed that the support Order could be suspended until the total amount of $2,000.00 was credited to your Petitioner, via the current amount of support, which was the sum of $127.00 per month. 21. The Respondent did not notify the Domestic Relations Office until September 16, 2011 of the agreement reached between the parties a month earlier. 22. Your Petitioner had incurred arrearages in the amount of $305.35 as a result of the Respondent filing to modify the support order in November of 2010 due to her receiving cash assistance through the Department of Public Welfare. 23. Commencing November 23, 2011, your Petitioner started receiving a credit of $127.00 per month from the Respondent towards the attorneys fees owed under the Order dated December 10, 2011. 24. Your Petitioner has been billed again, the sum of $2,000.00 for the filing of this contempt Petition. 25. Your Petitioner does not believe the Respondent will permit his custodial periods between now and including the Christmas holiday. 26. Obviously, the Respondent has not been swayed by the finding of contempt by Your Honorable Court on December 10, 2010. 27. The Respondent has complete disregard for the custody Order, and Your Honorable Court, in that she has willfully and wantonly violated, again, the Orders of your Honorable Court as they pertain to custody. 28. It is respectfully requested that your Honorable Court find the Respondent in contempt of Court, Order the payment of attorneys fees and costs, and Order primary physical custody of the minor child to your Petitioner with partial custody in the Respondent, Mother, every other weekend from Friday until Sunday, commencing January 6, 2012. WHEREFORE, father, Collin Swanger, through his attorney, Diane M. Dils, Esquire, respectfully prays your Honorable Court to find the mother, Jessica Notz, in contempt of the Court Order, to Order primary physical custody in the father Collin Swanger, with partial custody rights in mother every other weekend from Friday to Sunday and further, to Order mother to be responsible for father's costs and counsel fees in the amount of Two Thousand Dollars ($2,000.00). pectfully submitte Y: Diane M.Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 A i JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-941 CIVIL ACTION LAW COLLIN SWANGER Defendant : IN CUSTODY ORDER OF COURT AND NOW, this d q f4l day of , 2011, upon _15 Z?? consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 23, 2010 shall continue in effect as modified by this Order. 2. The parties agree to make arrangements for the Child to participate in counseling with a professional to be selected by agreement between the parties. The parties agree to select the professional and contact the selected counselor's office by October 21, 2011 to schedule the initial session. The Father agrees to pay any costs of the counseling which are not covered by insurance. The purpose of the counseling shall be to assess how the Child is doing generally and in particular with regard to the custodial schedule and provide guidance to the parents accordingly. 3. The parties agree to participate in a course of co-parenting counseling with Jamie Orris or other professional selected by agreement. The parties agree to contact Ms. Orris' office by Friday, October 21, 2011 to schedule the initial appointments. The parties agree to share the costs of the counseling equally. 4. The Father shall make the Child available to visit her newly born brother in the hospital for a period of three hours. The parties plan that the Mother's husband shall contact the Father when the Child's birth is imminent and the Father shall bring the Child to the hospital promptly as reasonable. 5. The non-custodial parent shall be entitled to have telephone contact with the Child up to one time each day. 6. The Father shall have custody of the Child for Trick or Treat Night in odd numbered years and the Mother shall have custody for Trick or Treat Night in even numbered years. 7. The Father shall continue to transport the Child to her bus stop at the Mother's residence on school mornings and the Mother shall transport the Child to the Father's residence when the Mother is relinquishing custody of the Child.. The place for exchanges of custody for holidays shall be at the Giant store in Camp Hill. 3 8. The Father agrees that the Child may be enrolled in the Hampden Elementary School so long as the equally shared custodial schedule continues. 9. The parties shall cooperate in continuing to discuss the possibility of obtaining a custody evaluation to address concerns raised by the parties as to the Child's needs and interests in connection with the custody schedule. 10. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY : - COURT, Edward E. Guido J. cc: Robert A. Culling Esquire - Counsel for Mother Diane M. Dils Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony whemf, I here unto set my hand and the seal said .Court at Carlisle, Pa. Th1s _?dAy of , 201 C , Prothonotary 1 JESSICA NOTZ vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-941 CIVIL ACTION LAW COLLIN SWANGER Defendant Prior Judge: Edward E. Guido 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 Danielle Swanger May 22, 2005 Mother/Father 2. A custody conciliation conference was held on October 19, 2011, with the following individuals in attendance: the Mother, Jessica Notz, with her counsel, Robert A. Kulling, Esquire (for Karl E. Rominger, Esquire), and the Father, Collin Swanger, with his counsel, Diane M. Dils, Esquire. 3. The parties agreed to entry of an Order in the form as attached (including the conciliator's recommendation that the parties arrange counseling for themselves and for the Child), with the exception of the provisions related to telephone calls, Trick or Treat Night in 2011 and the place of exchange on school mornings, which are the recommendations of the conciliator. 0o-v 1x1 aa ( v (I _ Date Dawn S. Sunday, Esquire Custody Conciliator MAR 2 2 2010 ? ? /) Ll JESSICA NOTZ, vs. COLLIN SWANGER Defendant IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 2006-441 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ? day of , 2010, upon consideration of the attached ustody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated October 30, 2007 and November 25, 2008 are vacated and replaced with this Order. 2. The Mother, Jessica Notz, and the Father, Collin Swaager, shall have shared legal custody of Danielle Swanger, born May 22, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. From March 9 through June 10.2010: The Father shall have custody of the Child on Tuesday, March 9 and Thursday, March 11 from 5:00 p.m. until 7:00 p.m. The Father shall have custody of the Child on Saturday, March 13 and Sunday, March 14 from 12:00 noon until 5:00 p.m. The Father shall have custody of the Child from Tuesday, March 16 from 5:00 p.m. until Wednesday, March 17 at 8:00 a.m. [T %1?I& T ?1? The Father shall have custody of the Child or, Thursday, March 18 from 5:00 p.m. until 7:00 p.m. Beginning on Tuesday, March 23 and continuing thereafter, the Father shall have custody of the Child every week from Tuesday at 5:00 p.m. through Wednesday at 8:00 a.m. Beginning on Friday, March 26, the Father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. through Monday at 8:00 a.m. B. Beginning June 10, 2010 and continuing thereafter: Beginning on Thursday, June 10. in addition to the periods of custody for the Father specified in paragraph A of this provision, the Father shall also have custody of the Child every week from Thursday at 5:00 p.m. through Friday at 8:00 a.m. unless the Child's counselor indicates that expansion of the custody schedule to include the Thursday overnights would be detrimental to the Child. In the event of such a determination by the Child's counselor, the schedule shall not be expanded automatically to include Thursday overnights for the Father and counsel for either party may contact the conciliator to schedule further proceedings if necessary. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father. 4. The parties shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement between the parties. The parties shall select the counselor and contact the counselor's office with 10 days of the date of the custody conciliation conference to schedule the Child's first session. 5 'The parties shall share having custody of the Child on holidays in accordance with the following schedule: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 11:00 a.m. and the Father shall have custody from Christmas Day at 11:00 a.m. through December 26 at 5:00 p.m. B. Thanksgiving: In every year, the Father shall have custody of the Child from the Wednesday, before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 3:00 p.m., and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday at 5:00 p.m. C. Easter: In even-numbered years, the Mother shall have custody of the Child on the Saturday before Faster from 9:00 a.m. until 5:00 p.m. and the Father shall have custody on Easter Sunday from 9:00 a.m. until 6:00 p.m. In odd-numbered years, the Father shall have custody on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody on Easter Sunday from 9:00 a.m. until 5:00 p.m. Notwithstanding the foregoing, for 2010, the Father shall have custody of the Child for the Easter holiday from Saturday at 12:30 p.m. through Monday at 8:00 a.m. D. Memorial Day/Labor Day: In every year, the Father shall have custody of the Child on :Memorial Dag from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody on Labor Day from 9:00 a.m. until 5:00 p.m. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 5:00 P.M. F. Child's Birthdav: The non-custodial parent shall be entitled to have custody of the Child on her birthday for a minimum of three (3) hours as arranged by agreement between the parties. G. Parents' Birthdays: Each party shall be entitled to have custody of the Child on that parent's birthday each year for a minimum of three (3) hours as arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. All exchanges of custody which do not take place at the Child's daycare/school shall take place at the Giant Store located on Simpson Ferry Road in Mechanicsburg. 7. The parties shall cooperate in making childcare arrangements for the Child during the Summer, if necessary, by agreement. R Neither party shall consume alcohol during periods of custody with the Child. 9 Both parties shall ensure that during his or her periods of custody, there are no naked adults or naked male children in the presence of the Child at any time. 10. In the event either party is incarcerated, the other party shall automatically assume primary physical custody of the Child, with reasonable partial custody to the other parent upon release from prison pending a hearing on the custody issue. 11. The Father agrees that he will not work at his part-time job during periods of custody with the Child. 12. The Mother shall promptly add the Father's name to the contact list at the Apple Dumpling Gang Daycare in which the Child is enrolled. 13. The parties shall diligently investigate obtaining co-parenting counseling at a reasonable cost and shall participate accordingly. 14. The non-custodial parent shall be entitled to have reasonable telephone contact with the Child. Each party shall only use the telephone numbers for the other party, including cell phones, for sharing important information regarding the Child. Use by either party of the other party's telephone numbers, including cell phones, for reasons other than sharing important information concerning the Child will be considered a violation of this Order. 15. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Neither party shall allow the Child to remain in the presence of a third party who is not complying with this provision. 16. This ('order is entered without prejudice to the Father's right to assert all claims which he has previously raised in his Petition for Contempt in future proceedings in the event of further alleged violations. 17. Both parties shall ensure that the Child attends her regularly scheduled activities during his or her periods of custody. 18 Both parties shall comply with the custody schedule by being prompt for exchanges of custody. 14. The parties shall not use third parties as messengers for communications concerning the Child or the custody schedule. The parties shall communicate directly concerning issues involving the Child. 20. 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 writing by email communication between the parties. Teat messaging shall not be used for this purpose. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT,) Edwar E. Guido J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Diane M. Dils, Esquire - Counsel for Father TRUE COPY FROM RECORD in To".MW wlwniof. l t M uft sit my hwW ?rllsl?, end Ihi N d Yid gh-. 20 t JESSICA NOTZ, Plaintiff/Respondent: V. COLLIN SWANGER, Defendant/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-941 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 10th day of December, 2010, after hearing, we find the Plaintiff to be in contempt of our prior order, and she is so adjudicated. Sentence of the Court is the Plaintiff be placed on probation for six months subject to the following conditions: 1. That she reimburse Defendant $2,000.00 for his legal fees. 2. That she faithfully abide by the court order of March 23, 2010. 3. The Defendant's support arrears shall be forgiven and applied to the sums due under this order. By the rt, Edward E. Guido, J. Jeanne B. Costopoulos, Esquire FFoor the Plaintiff/Respondent -Diane M. Dils, Esquire For the Defendant/Petitioner DRO n-lfh C ?CO a ? rn? (-I -urn m p o .? r'"~ = C) -M CD-" xo c PI D T ? ? VERIFICATION I verify that the statements made in the Petition for Emergency Contempt of Order of Court are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. COLLIN SWANGER Date: December 19, 2011 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Emergency Contempt of Order of Court has been served upon the following individual, by first class, United States mail, by placing a copy of the same at the post office in Harrisburg, Pennsylvania and via fax on this 19th day of December, 2011 addressed as follows: Robert A. Kulling, Esquire Rominger & Associates 155 S. Hanover Street Carlisle, Pa. 17013 (Via Fax No: (717) 241-6878 Respectfully submitted, BY: Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: December 19, 2011 JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-941 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY - Judge Guido ANSWER TO PETITION FOR RGENCY CONTEMPT OF OP COURT AND COUNTER CLA AND NOW, comes Jessica Notz, by and through her counsel, Karl E. RomingSr, I;Zgui* m ' and in support of her Answe r, avers as follows: m o n- = V0 r' 1. Admitted. N -.4c"3 ?a -v =C c:)--nn 2. Admitted. =© 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied, strict proof Of the same is demanded at trial. 8. Admitted. 9. Denied, strict proof Of the same is demanded at trial. 10. Denied, strict proof Of the same is demanded at trial. 11. Denied, strict proof Of the same is demanded at trial. 12. Admitted. 13. Admitted. 14. Denied, strict proof of the same is demanded at trial. 15. Admitted. 16. Admitted. 17. Denied, strict proof < 18. Admitted. 19. Admitted. 20. Admitted. 21. Denied, strict proof 22. Admitted. 23. Admitted. 24. Admitted. >f the same is demanded at trial. )f the same is demanded at trial. 25. Denied, strict proof Of the same is demanded at trial. 26. Denied, strict proof f the same is demanded at trial. 27. Denied, strict proof f the same is demanded at trial. 28. Denied, strict proof f the same is demanded at trial. WHEREFORE, Plaintiff requests judgment in her favor and against Defendant. 29. Petitioner is the 30. This Honorable incorporates the COUNTER CLAIM her of the child Danielle Swanger, born May 22, 2005. rt previously entered a Custody Order on October 24, 2011, which it Custody Order of March 23, 2010, which is attached hereto. 31. Petitioner has investigated by his other minor party to this action. 32. Petitioner has undersigned counsel that Respondent has recently been County Children and Youth Services for physically striking in the head and causing head injury to the minor child, who is not a been informed that a PFA has been placed against Respondent with regards to the above Ireferenced incident. 33. Petitioner has also informed undersigned counsel that the Police have been called to Respondents reside?ce on numerous occasions while the child has been present, for disturbances that ha*e taken place at Respondents home. 34. Petitioner has recency been informed that Respondent was charged October 16, 2011, by Officer Spaulding drunkenness WHEREFORE, P granting mother sole Date: the Lower Allen Township Police Department, for public others, outside of Respondent's home. respectfully requests this Honorable Court enter an order custody of the child pending full hearing of this matter. Respectfully submitted, ROMINGER & ASSOCIATES Karl ominger, Esquire 15 outh Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner JESSICA NOTZ, Plaintiff v. COLLIN SWANGER, Defendant I verify that I am true and correct. I Pa. C. S. § 4904, relating to Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-941 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY - Judge Guido VERIFICATION petitioner and that the statements made in the foregoing Petition are that false statements herein are made subject to the penalties of 18 falsification to authorities. JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant I, Karl E. served a copy of the United States Mail, first IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-941 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY - Judge Guido CERTIFICATE OF SERVICE Esquire, attorney for Petitioner, do hereby certify that I this day i for Emergency Relief upon the following by depositing same in the s postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, Pennsylvania 17102 Respectfully submitted, ROMINGER & ASSOCIATES Date: Kar . Rominger, Esquire 1 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner L. JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-941 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY - Judge Guido ORDER OF COURT AND NOW, this within Petition for Eme w; t t ?e ds #ke t?m"7TffVftTrxmr" 4 _ day of kOl ' ' ' ` , 2011, upon consideration of the eta ' tiC .poi RjE#j;EA 710. icy Relief, pfflited 1 + w i C.o0i 4 i Li 4-ft'o.? a Lod j W;fA N-4-4,' 0.4 Pat- a 04 4tM in By the Court: Distribution: ? Karl E. Rominger, Esqu 155 South Hanover Stre Carlisle, Pennsylvania I Diane M. Dils, Esquire 1400 North Second Str Harrisburg, Pennsylvar. C©r; es oxa. fed 13 17102 /a/a-7// t C'') cz w CDP -q w --r m Q C-1 -vm ?3> N {Q ..? O-n c rn ?= A ..? ut JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-941 CIVIL ACTION LAW C = 3 MCD ?-, C_ --? rn - COLLIN SWANGER r n - IN CUSTODY C:> DEFENDANT U7 p 4-: ORDER OF COURT xyC__ AND NOW, Thursday, January 05, 2012 , upon consideration of the attached Compla int, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, January 12, 2012 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Daum S. Sunda 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 /s ?r M'qdPd-170 IfT -D, lev // / 7 *.(l?fir ?n ?y JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-941 CIVIL ACTION LAW COLLIN SWANGER Defendant : IN CUSTODY ORDER OF COURT AND NOW, this aZ 4170 " day of L76 AILIMA , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Beacon Psychological Services of Pennsylvania LLC or other professional selected by agreement. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custodial arrangements which will best meet the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. All costs of the evaluation shall be shared equally between the parties. 2. The Father shall have a make-up period of custody with the Child from February 3 through February 6, 2012 and shall retain the right to request additional periods of make-up custody in the event of future proceedings on the Father's Petition for Contempt. 3. The parties shall make arrangements for the Child to continue in counseling with Jamie Orris. All costs of the counseling shall be equally shared between the parties. 4. In the event a party is late for an exchange of custody. the other parent shall remain at the exchange location for a period of at least 15 additional minutes. The purpose of this provision is to establish a standard of reasonableness when exigent circumstances prevent a party from being at the place of exchange at the precise time under the schedule but is not intended to permit repeated routine delays to the exchange time. 5. Both parties shall continue to follow the recommendations of Children & Youth Services with regard to safety plans related to the Child. 6. The parties agree that in the event either party believes that the other parent has violated a physical custody provision of the Order of this Court, that party may file a request for the scheduling of a conciliation conference and request that the conciliator make a determination, pending hearing, as to whether the violation occurred and if so, recommend the transfer of primary physical custody of the Child with reasonable partial custody to the parent in violation. 7. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 8. Further disposition of the Father's Petition for Emergency Contempt and the Mother's Counterclaim thereto shall be suspended pending completion of the custody evaluation. 9. 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 C Edward E. Guido J. cc: Diane M. Dils Esquire - Counsel for Father Karl E Rominger Esquire - Counsel for Mother c, :fir c:; JESSICA NOTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER Defendant Prior Judge: Edward E. Guido 2006-941 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 Danielle Swanger May 22, 2005 Mother/Father 2. A custody conciliation conference was held on January 13, 2012, with the following individuals in attendance: the Mother, Jessica Notz, with her counsel, Karl E. Rominger Esquire, and the Father, Collin Swanger, with his counsel, Diane M. Dils Esquire. 3. The parties agreed to entry of an Order in the form as attached including a requested provision that either party could file a Petition for an additional conciliation conference in the event of an alleged violation of the physical custody schedule at which time the conciliator would be asked to recommend a change to the primary custody schedule pending a hearing, Date Dawn S. Sunday, Esquire Custody Conciliator V JESSICA NOTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS°_YLNANIA. V. NO. 2006-941 CIVIL TERM COLLIN SWANGER, CIVIL ACTION- LAW Defendant IN CUSTODY - Judge Guido PETITION FOR SPECIAL RELIEF AND NOW, comes Jessica Paden (Formerly Jessica Notz), by and through her counsel, Karl E. Rominger, Esquire and in support of her Petition for Special Relief, avers as follows: 1. Petitioner, Jessica Paden (Formerly Jessica Notz) is an adult individual currently residing at 1143 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent, Collin Swanger is an adult individual currently residing at 15 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Parties are the natural parents of Danielle Swanger, born May 22, 2005. 4. The parties currently share legal and physical custody of the child per Order from the Honorable Judge Edward E. Guido, dated October 24, 2011 which incorporates his prior Order of March 23, 2010. Copies of the Orders are attached as Exhibits ``A" and "B." 5. The parties agreed to a custody evaluation with a licensed psychologist, namely Laurie S. Pittman, Ph.D. A report and recommendation was issued by Dr. Pittman on March 12, 2012. A copy of the custody evaluation report is attached as Exhibit "C.'' 6. In that report, Dr. Pittman recommended that Peitioner, Jessica Paden (Notz) be given sole legal and physical custody of the child until Respondent can demonstrate at least 6 months of continuous sobriety as well as abstinence from all mood altering medications. .*83. oD Po A7rV a*8t+ 13 P-114n vs I t 7. Dr. Pittman noted several times that Respondent, Collin Swanger has a dependency on alcohol which seems to dominate his life. Specifically, Dr. Pittman noted that Respondent has a "problematic alcohol dependence." On one occasion, Respondent called Dr. Pittman while he was clearly intoxicated. When performing the evaluation at his home, Respondent admitted to his intoxication. Dr. Pittman also noted of the fact that Respondent has had legal trouble with drugs and 3 DUI convictions. 8. A conciliation conference was held on April 11, 2012 with Dawn Sunday, Esquire. 9. At that conciliation conference, Respondent would not admit to having a problem with alcohol nor would he agree to demonstrate that he can go 6 consecutive months without alcohol. 10. As such, the parties could not agree at conciliation and this matter is to be set for a hearing. 11. The conciliator decided not to enter a Temporary Order based on the recommendation, and the October 24, 2011 and March 23, 2010 Orders remain in effect giving the parties shared legal and physical custody. 12. Because of the differences between the current Order (shared legal and physical custody) and the custody evaluation (Petitioner receiving sole physical and legal custody until Respondent can demonstrate 6 consecutive months sobriety), an immediate Order is necessary pending final disposition of this case. 13. Petitioner believes that it is in the child's best interest if she be granted sole legal and physical custody until Respondent can demonstrate 6 consecutive months of sobriety. 14. Petitioner believes that the child may be at serious risk due to Respondent's dependence on alcohol. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order granting mother sole legal and physical custody pending full hearing of this matter. Respectfully submitted, ROMINGER & ASSOCIATES Date: l /(31 1z Karl E. Rominger, Esquire \., 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner JESSICA NOTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-941 CIVIL TERM COLLIN SWANGER, CIVIL ACTION- LAW Defendant IN CUSTODY - Judge Guido VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: Je s ca Paden, Plaintiff forinerly Jessica Notz T JESSICA NOTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-941 CIVIL TERM COLLIN SWANGER, CIVIL ACTION- LAW Defendant IN CUSTODY - Judge Guido CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition for Special Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, Pennsylvania 17102 Respectfully submitted, ROMINGER & ASSOCIATES Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner JESSICA NOTZ Plaintiff vs. COLLIN SWANGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-941 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this dq f4 day of 6) ??? , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 23, 2010 shall continue in effect as modified by this Order. 2. The parties agree to make arrangements for the Child to participate in counseling with a professional to be selected by agreement between the parties. The parties agree to select the professional and contact the selected counselor's office by October 21, 2011 to schedule the initial session. The Father agrees to pay any costs of the counseling which are not covered by insurance. The purpose of the counseling shall be to assess how the Child is doing generally and in particular with regard to the custodial schedule and provide guidance to the parents accordingly. 3. The parties agree to participate in a course of co-parenting counseling with Jamie Orris or other professional selected by agreement. The parties agree to contact Ms. Orris' office by Friday, October 21, 2011 to schedule the initial appointments. The parties agree to share the costs of the counseling equally. 4. The Father shall make the Child available to visit her newly born brother in the hospital for a period of three hours. The parties plan that the Mother's husband shall contact the Father when the Child's birth is imminent and the Father shall bring the Child to the hospital promptly as reasonable. 5. The non-custodial parent shall be entitled to have telephone contact with the Child up to one time each day. 6. The Father shall have custody of the Child for Trick or Treat Night in odd numbered years and the Mother shall have custody for Trick or Treat Night in even numbered years. 7. The Father shall continue to transport the Child to her bus stop at the Mother's residence on school mornings and the Mother shall transport the Child to the Father's residence when the Mother is relinquishing custody of the Child. The place for exchanges of custody for holidays shall be at the Giant store in Camp Hill. Ex W4 "A'. ' .I Y 0 8. The Father agrees that the Child may be enrolled in the Hampden Elementary School so long as the equally shared custodial schedule continues. 9. The parties shall cooperate in continuing to discuss the possibility of obtaining a custody evaluation to address concerns raised by the parties as to the Child's needs and interests in connection with the custody schedule. 10. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY COURT, ANN- Edward E. Guido J. cc: Robert A. Culling Esquire - Counsel for Mother Diane M. Dils Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the, ae 16f •aId .Court at Carlisle, Pa. Thla siL? dAy of 20l C , Prothonotary V 1AR 2 2 2010 JESSICA NOTZ, IN THE COURT OF COMMON PLEAS 0 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006L 41 CIVIL ACTION LAW COLLIN SWANGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of y t 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: t. The prior Orders of this Court dated October 30, 2007 and November 25, 2008 are vacated and replaced with this Order. 2. The Mother, Jessica Notz, and the Father, Collin Swanger, shall have shared legal custody of Danielle Swanger, born May 22, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other parry's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible, In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. The parties shall have physical custody of the Child in accordance with the following schedule: A. From March 9 through June 10, 2010: The Father shall have custody of the Child on Tuesday, March 9 and Thursday, March l 1 from 5:00 p.m. until 7:00 p.m. The Father shall have custody of the Child on Saturday, March 13 and Sunday, March 14 from 12:00 noon until 5:00 p.m. The. Father shall have custody of the Child from Tuesday, March 16 from 5:00 p.m. until Wednesday, March 17 at 8:00 a.m. Ey'?&+ " 8 1, The Father shall have custody of the Child on Thursday, March 18 from x:00 p m until ^ rn Beginning on Tuesday, March 23 and continuing thereafter, the Father- shall have ustod, of t,c Child every week from Tuesday at 5:00 p.m, through Wednesday at 8:00 a.m. Beginning on Friday, March 26, the Father shall have custody of the Child on lternatink ??eekends from Friday at 5:00 p.m. through Monday at 8:00 a.m. B Beginning June 10, 2010 and continuing thereafter: Beginning on Thursday, June 0. in addition to the periods of custody for the Father specified in paragraph A of this provision, the Father shall also have custody of the Child every week from Thursday at 5:00 p.m. through Friday at 8:00 a.m. unless the Child's counselor indicates that expansion of the custody schedule to include the Thursday overnights would be detrimental to the Child. In the event of such a determination by the Child's counselor, the schedule shall not be expanded automatically to include Thursday ovemights for the Father and counsel for either party may contact the conciliator to schedule further proceedings if necessan C The Mother shall have custody of the Child at all times not otherwise specified for the Father 4 The part ies shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement between the parties. The parties shall select the counselor and contact the counselor's office with 10 days of the date of the custody conciliation conference to schedule the Child's first session The parties shall share having custody of the Child on holidays in accordance with the fOllowine schedule. A Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 11:00 a.m. and the Father shall have custodv from Christmas Day at 11:00 a.m. through December 26 at 5:00 p.m. B Thanksgiving: In every year, the Father shall have custody of the Child from the «'ednesda%, before: Thanksgiving at 5:00 p.m. through Thanksgiving Day at 3:00 p.m., and the Mother shall have custodv from Thanksgiving Day at 3:00 p.m. through Friday at 5:00 p.m. C Easter: In even-numbered years, the Mother shall have custody of the Child on the Saturday before Easter from 9:00 a.m. until 5:00 p.m. and the Father shall have custody on Easter Sunda, from 900 a.m. until 6:00 p.m. In odd-numbered years, the Father shall have custody on the Saturday before Easter from 9.00 a.m. until 5:00 p.m. and the Mother shall have custody on Easter Sunday from 9:00 a.m. until 5:00 p.m. Notwithstanding the foregoing, for 2010, the Father shall have custody of the Child for the Easter holiday from Saturday at 12.30 p.m. through Monday at 8.00 a.m. D Memorial Day/Labor Day: In every year, the Father shall have custody of the Child can ?,temonai Dav from 9:00 a.m. until 5:00 p.m. and the Mother shall have custody nn Labor Day from 9.00 a.m. until 5:00 P.M. E Mother's Day/Father's Day: In every year, the Mother shall have custodv of the Child on lvlother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 5:00 pm .r F Childs Birthday: The non-custodial parent shall be entitled to have custody of the Child on her birthcay for a minimum of three (3) hours as arranged by agreement between the parties. G. Parents' Birthdays: Each party shall be entitled to have custody of the Child on that parent's birthday each year for a minimum of three (3) hours as arranged by agreement between the parties. H The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6 All exchanges of custody which do not take place at the Child's daycare/school shall take place at the Giant Store located on Simpson Ferry Road in Mechanicsburg. The parties shall cooperate in making childcare arrangements for the Child during the Summer, if necessary, by agreement. R Neither party shall consume alcohol during periods of custody with the Child 1) Both parties shall ensure that during his or her periods of custody, there are no naked adult; or naked male children in the presence of the Child at any time. 10. In the event either party is incarcerated, the other part}' shall automatically assume primary physical custody of the Child, with reasonable partial custody to the other parent upon release from prison pending a hearing on the custody issue. 11 The Father agrees that he will not work at his part-time job during periods of custody with the Child. i 2. The Mother shall promptly add the Father's name to the contact list at the Apple Dumpling Gang Daycare in which the Child is enrolled. The parties shall diligently 'Investigate obtaining co-parenting counseling at a reasonable cost and shall participate accordingly. 14. The non-custodial parent shall be entitled to have reasonable telephone contact with the Child. Each pam shall only use the telephone numbers for the other party, including cell phones, for sharing important information regarding the Child. Use by either party of the other party's telephone numbers, including cell phones, for reasons other than sharing important information concerning the Child will be considered a violation of this Order. 1 Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Neither party shall allow the Child to remain in the presence of a third party who is not complying with this provision. 16, This Order is entered without prejudice to the Father's right to assert all claims which he has previously raised in his Petition for Contempt in future proceedings in the event of further alleged iolations. f , I. 1 T Both parties shall ensure that the Child attends her regularly scheduled activities during his or her periods of custody. 18 Both parties shall comply with the custody schedule by being prompt for exchanges of custody. 19. The parties shall not use third parties as messengers for communications concerning the Child or the custody schedule. The parties shall communicate directly concerning issues involving the Child. 20. 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 writing by email communication between the parties. Text messaging shall not be used for this purpose. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Edwar E. Guido J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Diane M. Dils, Esquire - Counsel for Father TRUE COPY FROM RECORD M wherid, ! has undo sat my hand and tha ' d 7 7 yid ' uet lilt. ar We' Pa. 20 I r Beacon Psychological Services of Pennsylvania 3903 Hartzdale Drive, Suite 305 Camp Hill, PA 17011 www.beaconpsychologicalpa.com CUSTODY EVALUATION REPORT Laurie Pittman, Ph.D. Director, Licensed Psychologist 717-763-8650 Fax: 717-763-8653 NAME OF EVALUATOR: Laurie S. Pittman, Ph.D. CASE NAME: Jessica Notz (now Jessica Paden) v. Collin Swanger, and in the matter of Child Danielle Swanger. Case No. 2006-941 DATE OF THIS REPORT: March 12, 2012 COURT: In The Court Of Common Pleas Of Cumberland County, Carlisle, Pennsylvania NAMES OF ATTORNEYS: For The Father: Karl E. For The Mother: Diane M. RECOMMENDATIONS FOR CUSTODY AND VISITATION: When all of the adults as well as their significant partners are disordered and chaotic, it is up to the court to identify the best interest of the child. In this case, the child in question is Danielle Swanger whose date of birth is 05/22/2005 and it is her life that needs de-stressing. Therefore, the following is recommended: Until Collin Swanger, father of Danielle Swanger, is able to demonstrate at least 6 months of continuous sobriety as well as abstinence from all mood altering medications as demonstrated by volunteered random urine screenings, Jessica Notz (now Jessica Paden) shall be sole managing conservator of Danielle Swanger to determine the residence and school of Danielle after informing Collin Swanger. In the event of Collin Swangees demonstration of continued abstinence from drugs as E-)(k + 4 C it ' r well as alcohol over 6, continuous months as indicated by random urine screenings sponsored by either his probation officer or his Licensed therapist in addictions and paid for by Collin Swanger, he will have reinstated partial custody of his daughter Danielle Swanger but not before such time as demonstrated and recorded by a Probation Officer or Licensed Psychotherapist. in addition, it will be upon Collin Swanger to pay for his randomly secured urine screenings. Any relapse or slip of alcohol or drug use will require Collin Swanger's 6 continuous months as well as the random submission of urine screenings to begin all over again, and Jessica Notz (now Paden) will continue as sole managing conservator. If he is successful in this endeavor, he will be able to have 6 more months of continued partial custody in which he can see Danielle Swanger on Wednesday evenings from 6-8 pm as well as weekends beginning at 5 pm on Friday evening and ending at 6 pm on Sunday evening. With 6 more months of demonstrated abstinence as well as lack of further legal trouble, he can have full input into the care as well as shared custodial time with Danielle Swanger. In other words, he will be able to identify schools, medical, dental as well as extra-curricular activities for his daughter while accessing input from her mother Jessica Notz (now Jessica Paden). DATE OF BIRTH OF CHILD: Danielle Swanger 05/22/2005 DATES OF CLINICAL CONTACTS: Initial contracting session with parents: 01/30/2012 Home Interview with Mother: 02/08/201 Home Interview with Father: 02/13/2012 Additional Data Relied Upon: Uniform Child Custody Evaluation System (UCCES) - Harry L. Munsinger, J.D., Ph.D. and Kevin W. Karison, J.D., Ph.D. Numerous phone from calls from Collin Swanger to Beacon Psychological Services initially to his daughter Danielle's therapist Jamie Orris, LSW on 02/07/2012,'and then one phone contact with this evaluator. This evaluator spoke to Collin directly, however, he was inebriated. He expressed concern that his daughter was having a father/daughter dance at her school of which he said he was unaware and that she, Danielle Swanger, informed him that she wanted her step-father Justin Paden to take her. When this evaluator met with Collin Swanger in person at his home, he admitted he was inebriated, as he and his live-in girlfriend Katrina Lusk celebrated earlier in the evening with champagne as it was a special occasion. He said he was very upset and never drinks in the presence of his daughter Danielle. Interview with Justin Paden, husband of Jessica Notz (now Paden) Interview with Katrina Lusk, live-in girlfriend of Collin Swanger . Feedback in writing from Miss Hitchinson, Guidance Counselor who sees Danielle Swanger in her school. Feedback in writing from Miss Biller, Danielle Swanger's teacher. Feedback in writing from Jamie Orris, LSW, therapist for Danielle Swanger Amy Ford, Cumberland County Children & Youth Case Worker assigned to investigate a general investigation into alleged injury of Collin Swanger's son Jamison Swanger who bumped his head while in Collin Swanger's care. Phone contact with Tammy Lenk, Daycare provider for Danielle Swanger from July 06, 2005 through March, 2007. Attempted contacts to Silver Spring Township Police who would not return my call or make an appointment for me to come and talk to them for the purposes of the custody evaluation. Referral Circumstances: The family was referred for evaluation by the court Custody Conciliator, Dawn S, Sunday, Esquire. I had no prior contact with the family. According to the court documents, arrangements have been in place since March 23, 2010 affording both parents shared custody; however, Jessica Notz has at times denied her daughter Danielle to go with her father on his scheduled time. The Conciliator of the Cumberland Court recommended a custody evaluation in order to determine how time should be allotted for mother Jessica Notz and father Collin Swanger from this point forward. Relevant Personal Background information: The couple met when Jessica was in high school and they met through mutual friends. When on a beach vacation with her parents, Jessica informed Collin of her pregnancy. They adjusted to the idea of being parents but did not agree on finances or how to plan for the future. Jessica reports she always worked and paid for her daughter's daycare and needs since birth. She also reports with bitterness that Collin left her and Danielle to go visit his father who, at the time, was living in Florida, two weeks after Danielle Swanger was born. Both Collin Swanger and Jessica Notz (now Paden) have current as well as historical difficulties with legal issues. For instance, Jessica embezzled what she says was a couple of thousand dollars from a bank for whom she worked as a teller. In reality, the figure was in the ten thousand dollar range. She also stole money again while working as a bar tender and went into the psychiatric unit at Roxbury in order to access help for her prescription drug dependence as well as depression. She reports that she drinks alcohol 1x monthly as in a glass of wine for dinner. Interestingly, both Collin Swanger and Jessica Notz (now Paden) have current charges pending in Maryland for having an open container of an alcoholic beverage. In addition, Collin has three DUt's on record and continues to drink, as indicated by the phone conversation to the evaluator identified above. In addition, Jessica reports she was initially overwhelmed by motherhood; however, she turned to her family for help in order to 'grow up' and become a 'real mother.' Collin reports he is frustrated by I t t r about the dance to her father Collin. Upon discovery of the ulterior purpose of the switch in time for him to have his daughter, he reneged on the adjustment to have his daughter at another time. Unfortunately, a drama ensued which put Danielle in the middle and gave her a tacit message that to disclose leads to problems and to conflict! 5. Collin then made some terrible moves. He phoned Danielle's therapist's office asking to speak with Jamie Orris, LSW. When that did not garner what he thought was a timely response, he phoned this evaluator. He was intoxicated, but the evaluator validated that he should have been the first responder to the dance, and he should have been designated by Jessica as Danielle's father. However, the evaluator confronted Collin in person when she performed the evaluation in his home that she noted of his intoxication. He affirmed he had been drinking as he and his girlfriend were celebrating a special occasion earlier in the evening, and he had imbibed champagne. Although it speaks to his character that Collin admitted to his intoxication, the action suggests how much alcohol dominates his life. Collin insists he does not drink in front of Danielle, and Danielle offered no such report of his drinking in front of her to the evaluator. 6. Both Jessica Notz (now Paden) and Collin Swanger have checkered pasts where one is not in a position to throw stones at the other. To be specific, both have lengthy criminal histories which required a surprising amount of the evaluator's paper as a result of downloading. 7. To be specific, Jessica has offenses of retail theft; unlawful taking of property; criminal trespassing; burglary; bad checks; a DUI as well as numerous traffic offenses the most recent one occurring 06/30/2011 for driving while operating a suspended or revoked license. She pleaded guilty to a lesser charge of driving without a license. However, most recently, she was arrested in Maryland for a charge that is pending of possessing an open container of alcoholic beverage. 8. Collin Swanger's criminal history entails the most recent pending charge which occurred in Maryland of possessing an open container of alcoholic beverage; the use/possession of drug paraphernalia; disorderly conduct; expired inspection; 3 DUI's in which the most recent occurred 10/23/2008. In addition, Collin has an outstanding lien of $2,344 for his probation. 9. Both Collin Swanger and Jessica Notz (now Paden) went to drug and alcohol or psychiatric treatment facilities. Collin met his current girlfriend Katrina Lusk while he attended Gaudenzia and Jessica Notz (now Paden) entered Roxbury Inpatient Facility for her depression. Jessica disclosed to this evaluator that she recently went back on her antidepressant Lexipro after the birth of her son Jacob. She reported she feared having postpartum depression as a result of such a difficult delivery that most probably was S . ' f the games played by Jessica in the name of his not having access as directed by courts. Jessica maintains her daughter does not wish to go on stays with her father, as he yells and does not do child centered activities or games with her. Collin reports Jessica encourages Danielle to think negative ideas about him and about his home. RELEVANT CLINICAL FINDINGS: 1. Danielle Swanger: Danielle responded with similar feedback in both her mother's home as well as her father's home. The congruence of feedback to this evaluator says that she feels comfortable in both houses to say what she thinks and feels. She reports frustration that her father yells, but she does not say over a specific matter. Instead, Danielle claims it's over 'everything'. Moreover, she reports a discomfort in remaining in the 'back room' with her father to watch television, as she says she would rather play. In fact, it is what she most dislikes about time with him, as, according to her report, it is not centered on activities she would like to do when she is with her father. Instead, she says her father watches football or is on his computer, yet, according to her report, her father complains that Danielle is not prioritizing time with him one-on-one. When asked what the activities could be that she would prefer to do with her father, she says 'school' or playing 'house' with dolls. 2. On a positive note, she reports with delight being able to play with her half-brother Jamison (Date of Birth: 08/31/2009) whose mother is Danielle Stine. Danielle Swanger says they play such activities as 'trucks/ 'kitchen,' as well as playing on rides at the park. She reports she likes to think of him as her 'real' brother. Danielle also has another half-brother Jacob who is Jessica and Justin's son who was 3 months old at the time of the interview. 3. Typical of a young girl adapting to a new baby in her mother's household, Danielle has regressed somewhat in terms of independence. She speaks of being scared of the dark in her mother's home, so Jessica purchased a night light for her to help her see, and yet, be able to fall asleep. However, she often sleeps in her mother's bed which often children do when they are adapting to a caregiver's attention having to switch to another younger, more dependent sibling. This evaluator would encourage the weaning of being in her mother's bed, as Danielle needs to learn how to self-soothe her way back to sleep, so that all in the household have recuperative sleep. 4. Danielle reports she calls her step-father 'Daddy' or "Daddy Justin.' During the week of home interviews, there was a scheduled Father-Daughter dance at Danielle's school which is Hampton Elementary. Jessica, her mother, maintained that Collin was privy to the news bulletin and never said he wanted to take Danielle to the dance. However, Collin reports he never had the news sent to him and was never notified. Instead, he reports he discovered after Jessica re-arranged the time he would have her, so that Justin, Jessica's husband, could take Danielle to the dance. Inadvertently, Danielle slipped and blurted the information j 1 r rendered exhausting as a result of a prior cyst on her ovary. She reports she relies on family as well as the connection she has with her church. Danielle, her daughter affirms they attend twice monthly, and Danielle enjoys the social networking with other children who also attend. 10. When this evaluator contacted Amy Ford who was asked to perform a general investigation, she reported that she found it unusual that Jessica Notz (now Paden) would notice within ten minutes that there was an inquiry into a small head injury on Jamison Swanger, Collin Swanger's son. To be specific, Amy Ford reported she stipulated to Collin Swanger that while the investigation ensued that Katrina Lusk be in attendance while he was with his son Jamison. He was not supposed to be alone, as the Cumberland County Children & Youth Caseworker delved into the incident. Unfortunately, at the end of December, 2011, Katrina Lusk left their home without thinking for her employment where she works as a Dental Assistant. Within a very short time either Danielle Stine, mother of Jamison, or Jessica Notz (now Paden) notified Silver Spring Township Police that Collin was violating the stipulation that he not be alone with his son Jamison. In addition, Danielle Stine, mother of Jamison called Jessica Notz (now Paden) of the violation! Apparently, Jessica Notz (now Paden) and Danielle Stine are friends with one another. Amy Ford, the caseworker, informed this evaluator that Cumberland County Children & Youth received numerous calls from Jessica Notz (now Paden) regarding the violation and whether the caseworker knew of the violation. Amy Ford explained the incident was deemed unfounded for any real negligence, so nothing was done about Collin Swanger's violation of the stipulation. 11. Since there has been a plethora of drug and alcohol arrests and charges, this evaluator had all four adults complete the Substance Abuse Subtle Screening Inventory-3`d Edition (SASSI- 3) by Glenn Miller. Katrina Lusk completed her inventory accurately as well as honestly. She was elevated for dependence upon other drugs aside from alcohol and disclosed that at one point in her addiction she was a heavy cannabis user such that she was suspected of dealing. She reports she is now clean and her assessment reflected historical connection to drug use rather than current drug use. 12. Justin Paden scored highly defensive. In addition, he also scored rather high on the Supplemental Addiction Measure which suggests that when both scores are elevated that the person is lying about drug and alcohol dependence. Since he lied, it is unclear as to whether he is drug dependent, alcohol dependent or both. 13. Collin Swanger also lied on his SASSI-3 inventory. In other words, his defensiveness score combined with his elevated Supplemental Addiction Measure strongly suggest a drug and alcohol dependence. Again, the lying fails to unveil whether he is drug dependent, alcohol dependent or both. f V 14. Jessica Paden completed her inventory in an honest as well as accurate way. She scored in an elevated manner for drug dependence and reports she is 3 years clean from prescription opiates for which she was addicted. She too was somewhat defensive; however her Supplemental Addiction Score was normal which suggests she is a defensive person by nature. However, she was disclosing in an honest way, if not somewhat guarded, that in her history she had issues with drugs but was now clean for the past three years. 15. Due to the breadth of legal issues that all 4 adults have in their background, this evaluator asked all 4 to complete that Minnesota Mutiphasic Personality Inventory-2 (MMPI-2) by James N. Butcher, John R. Graham, Yossef S. Ben-Porath, Auke Tellegen, and W. Grant Dahlstrom. 16. In this inventory, Katrina Lusk, Collin Swanger's live-in girlfriend, lied throughout the MMPI- 2 inventory. Specifically, she had elevated scores for True Response Inconsistency (K) which is a score made up of item pairs that are opposite in content, an elevated lying score (L) and elevated Superlative Self-Presentation Scale (S) meaning that she was so defensive as to attempt to come across more together than what she really is. 17. Similarly, Justin Paden who is Jessica Notz (now Paden)'s husband also lied on the MMPI-2 inventory by having an elevated K score which means he was attempting to cover up psychological difficulties. In addition, Justin had very high Superlative Self-Presentation (S) scores that suggested he was attempting to come across better than what he really is. More of a concern was his elevated Psychopathic Deviate Scale score (PD +.4k) which suggests that Justin often has stormy relationships with family members, experiences marital discord due to the discomfort of emotional intimacy; has a likeable personality, comes across as self-confident yet feels sad more often than not, is fearful and has many worries about anticipating future events. Finally, those with elevated PD +.4K) scores tend to assign blame for circumstances rather than owning responsibility for any difficulty. Finally, Justin Paden also completed the inventory in such a way as to come across with elevated Paranoia scoring. An elevated Paranoia score means that the person is sensitive and responsive to the opinions of others, but feels he is not having the sensitivity returned. An elevated Paranoia score also suggests that he is guarded and suspicious and rigid in attitude and opinion. 18. Jessica Notz (now Paden) also lied. In addition, she completed the inventory is such a way as to also have elevated Superlative Self-Presentation score (S), She too had elevated True response Inconsistency scores (K) suggesting that she lied and had elevated Paranoia scoring (PA). Again, as stated above, she tends to want the evaluator and others to believe she is more together than what she is. She is very sensitive and responsive but is easily hurt when such observation and outreach is not returned. She too reveals in her elevated Paranoia score that she is very guarded and suspicious and rigid in approach and ideas. I -i 1 19. Finally, Collin Swanger lied as well. He had elevated True Response Inconsistency (K) score, a Superlative Self-Presentation Scale(S) score which was elevated meaning he was trying to come across more together than what he actually is, and an elevated Paranoia score (PA). Again, the elevated Paranoia score speaks to guardedness and suspiciousness, oversensitivity to slights as well as rigidity in attitude and opinion. 20. In other words, each adult who is responsible and accountable for Danielle Swanger has issues which suggest difficulty coping and managing such that their behavior veers outside societal boundaries. None has any room to point blame toward another adult in this situation for how any one of them comports him or herself amidst the community. What is a concern is how they plan to teach this wonderful, little girl how to obey rules and follow directions especially when the timing is inconvenient or there seems to be no immediate, short-term gain. PSYCHOLOGICAL FORMULATIONS: The issue before the court is to determine the best interest of Danielle Swanger concerning conservatorship by Collin Swanger and Jessica Notz (now Paden). I considered five factors in determining Danielle Swanger's best interest and evaluating Collin Swanger and Jessica Notz (now Paden) as conservators: 1. Does either Collin Swanger or Jessica Notz (now Paden) pose a threat of physical, emotional, or sexual abuse to the children? Both Collin Swanger and Jessica Notz (now Paden) are congruent in meeting the basic needs of their daughter Danielle. They both show her love, and she feels their love. However, both have significant as well as ongoing issues with legal trouble and/or drug and alcohol problems. This evaluator suspects strongly that both parents are in denial as to how Danielle Swanger is impacted by their poor choice- making. In Collin Swanger's case, he can be very impulsive and reactive when under the influence of alcohol, as indicated by his numerous phone calls in one day to his daughter's therapist Jamie Orris, LSW and to this evaluator in direct phone contact such that this evaluator was uncertain as to whether he would remember the phone conversation. To his credit, he admitted he was inebriated. What is disturbing is his insistence that he neither drinks in front of his child nor is she impacted by his choices outside of his inebriation. On the other hand, Jessica Notz (now Paden) can be quite manipulative and scheming when she is certain she is right. The evaluator believes Collin Swanger that he never received the notification of a father-daughter dance at Danielle's school and that he was not informed of the purpose of the change in shared custodial arrangement to make Justin Paden the male who would pose as Danielle's father. Luckily, Danielle Swanger is a bright, articulate and wise little girl. However, when parents brainwash a $ vs s child to believe the child has more than one male as a father, the child ends up confused and has split loyalties. In other words, Danielle feels guilty for not having her biological, entitled father Collin Swanger as her first responder, yet desires to maintain peace with her mother Jessica Notz (now Paden) with whom she spends the most time and who participates more fully in her academic life. The split loyalty then encourages Danielle to fracture and compartmentalize herself in order to adapt to each household. This is emotional abuse and both need to examine and search within for how to provide this little girl with the support and sacrifice the self-will run riot that both Collin Swanger and Jessica Notz (now Paden) have imposed on this sweet child they both say they love. 2. Do Collin Swanger and Jessica Notz (now Paden) possess good parenting attributes and abilities? Jessica Notz (now Paden) understands the need for child centered activities to do with her daughter. She is also and has been engaged in Danielle's school such that she volunteers and attends school functions regularly. However, she also conveys without directly saying so, a disapproval of Danielle's father Collin Swanger. In other words, Danielle at times voices what her mother wants for her to say in order for Danielle to get along with her mother and to access positive feelings from Justin Paden. On the other hand, Collin does not know how to play with his daughter in activities she would like to play. He tends to continue in the activities he enjoys as opposed to setting those aside in order to attend to the desires of quality time with Danielle. He also tends to delegate care to Katrina, as when the evaluator was in his home, and he urged Katrina to bake a snack item for Danielle. Even he fuddles a baking opportunity, both father and daughter would enjoy the time spent together, and guaranteed, the occasion would hold as a lasting, wistful memory. 3. Has Collin Swanger or Jessica Notz (now Paden) been the primary caretaker of Danielle Swanger now and in the past? Jessica Notz (now Paden) has been Danielle Swanger's primary caretaker since birth and has been engaged in Danielle Swanger's academic life since she entered school. In addition, Jessica paid for Danielle's daycare when she went to work and did the majority of dropping off and picking up for her daycare. She also made the arrangements for Danielle Swanger whether it was school related or daycare connected. However, Collin wishes to be more involved in his daughter Danielle's life but finds that Jessica will not allow him to have Danielle on designated, custodial times. The conflict puts Danielle in the middle and parentifies the little girl. In fact, Danielle has learned to be extremely wise and sophisticated in her ability to converse with adults as a result of the conflict that ensues between her mother and her father. 4. What is the goodness of fit between Collin Swanger or Jessica Notz (now Paden) and Danielle Swanger now and in the future? I ".0 Based on the extensive clinical interviews and psychological testing, it is my opinion that Jessica Notz (now Paden) is more competent to meet the physical and academic needs of Danielle Swanger, if she can overcome her legal demons. Her connection to a church community, family members as well as Danielle's school environment facilitate better coping methods than the conflict, drug use and sociopathic behaviors of her history. She owns her need for outside resource as in acknowledging her fear of postpartum depression and her willingness to submit to antidepressant medication. This is not to say that there are no concerns in her direction. She needs help getting her focus off of denying Collin Swanger access to his daughter who is one-half her mother and one-half her father in terms of genetics, influence and social learnings. Her interference with Collin Swanger's shared custody without accessing legal advice first gives strong implications of a manipulative, personality disorder that left unchecked could serve to get her into further legal trouble and scar her daughter Danielle. That said, Jessica Notz (now Paden) needs ongoing psychotherapy to explore her motivations and agendas and how they sabotage others around her. She can also receive education in her psychotherapy as to what good parenting is and how important it is to affirm Danielle's biological father Collin Swanger in her daughter's life. On the other hand, it is strongly recommended that Collin Swanger get treatment for his alcohol and drug dependence. He would make a good father if he could transcend the source of all of his legal troubles. If he can do treatment whether it is inpatient, Intensive-Outpatient or Outpatient counseling and do 12-Step support, he could be a fabulous father. What is needed for him is a demonstration of six months of sobriety as in random urine screenings, those of which are paid by him and performed by his Probation officer and/or Licensed therapist with addictions certification so that he can end his self- sabotaging and regain control over his life. S. Is this family a good prospect for shared custody? Currently, Collin Swanger and Jessica Notz (now Paden) are not cooperative or understanding of how they are harming their daughter Danielle Swanger. However, if they participated in co-parenting classes in order to learn the developmental needs of their daughter, identified better ways of communicating and coping on her behalf, they might become fairer prospects for shared custody. Both parents love Danielle Swanger and both houses are suitable in which for Danielle to stay. Both collateral adults, Justin Paden and Katrina Lusk, also convey warmth and love for Danielle such that Danielle is pleased to have both in her life. On the negative side, Jessica Notz (now Paden) does not believe that Danielle Swanger will benefit from shared custody. Moreover, she is less motivated to make shared decisions with Collin Swanger, and she is less supportive of a positive relationship between Collin Swanger and Danielle. However, I believe that with counseling for all of them including the collaterals, they can cooperate and become removed from the legal system. • CONCLUSION: in determining Danielle Swanger's best interest, three factors stand out: First and foremost, Collin Swanger, Danielle's father sabotaged his effort to have shared custody due to his problematic alcohol dependence. Secondly, there is no adult in this evaluation who has a better history than any other. They are all equal in legal issues and problems such that it is a concern for how this little girl will learn how to obey rules and follow directions especially when they are inconvenient. Thus far, she has no role models for how to comport herself. Third, each household is equal in terms of set-up for Danielle and each offers her a space of her own for privacy. However, what is disturbing is the bad blood between Collin Swanger and Jessica Notz (now Paden) such that after six years of separation, they still have not learned how to co-operate, communicate and cope without resorting to manipulation, illegal methods and impulsive, short-term solutions to long-term problems. I conclude that the best interest of Danielle Swanger be served by rendering at this point sole custodial care to Jessica Notz (now Paden) until Collin Swanger can demonstrate 6, continuous months of sobriety as demonstrated by random urine screenings sponsored by his probation officer or licensed therapist in addictions and paid for by Collin. Once he has 6, continuous months of sobriety, he can resume partial custody of his daughter for six months along with co-parenting classes to help him know the developmental needs of his daughter as she ages and to understand how to create child-centered activities with her. Research shows that legal issues are a sign of not coping with stress or having an overabundance of stress. Moreover, since both Collin and Jessica have legal entanglements, it is this evaluator's opinion that she look to Danielle's schedule for how to eliminate her stress. This means that from the point at which Collin Swanger is able to demonstrate 6, continuous months of sobriety that Danielle remain at her mother's throughout the school year. Collin can see his daughter on Wednesdays from 6 PM to 8 PM as well as every other weekend beginning at 5 PM on Friday evening and ending at 6 PM on Sunday evenings. Major holidays should be Jessica Notz (now Paden) with her father seeing her the next day if he so desires. In this way, Danielle Swanger sleeps in the same bed each night, yet she has contact with her father as well as the half-brother Jamison she so adores. This child deserves a lack of stress, since her mother and father do not seem to know yet how to live without stress in their lives or their relationships. In addition, Jessica Notz (now Paden) also needs co-parenting classes in order for her to understand how confusing it is for a little girl to call two men her father. Jessica needs the co- parenting classes in order to learn how to foster her daughter's relationship with her father and how to acknowledge positive traits she has from him. It is also recommended that she continue her depression treatment through pharmaceutical intervention as in the Lexapro as well as psychotherapy to increase her awareness of her own issues with the law and with believing she must stay alert for Collin Swanger's next mistake. r 40 in aamtion, it is recommenaea tnat uarnene raaen continue ner tnerapy wren Jamie urns, LSW in order for her to learn how to use her voice and set and accept limits from the adults in her life. She also needs help learning how to adapt to two new sibling brothers especially as all develop over Finally, once both have met the recommendations identified al-le '+ * they move toward shared custodial time. However, Coll-in Swanger needs to show the court Ina t- ne can cope with 6 months of continuous sobriety. Laurie S. Pittman, Ph.D. Licensed Psychologist JESSICA NOTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-941 CIVIL TERM V. COLLIN SWANGER, CIVIL ACTION- LAW Defendant IN CUSTODY - Judge Guido ORDER OF COURT Ap i6p. 2012, upon consideration of the AND NOW, this 191day of ; ?,,, w i.Trr'L'Ll sical within Petition for Special Relief, said petition is ??.• , 2005, pending a full hearing on mattAw. - eir court r irec e o app on a C By the Court: -- --- Distribution: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 Diane M. Dils, Esquire 1400 North Second Street Harrisburg, Pennsylvania 17102 0_0 I ES rrl;2I , oy /I4// ?L. =r 1 C rs -? x T; s. ?v errs ?Ac p ?co ... 3 7tr? :"= r*f a% 0 JESSICA NOTZ vs. COLLIN SWANGER Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-941 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this l 4 day of 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1 y 1 hearing is scheduled in Courtroom Number 3 of the Cumberland County Courthouse on the _ 5L-6?1 day of L7uM IE,-, 20012, at 9 : jT4m., at which time testimony will be taken. For purposes of the hearing, the Father, Collin Swanger, shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of this Court shall continue in effect. t- rv i r BY COUR , m r=te 1- -z', to U0 Edward E. Guido J. Xv cc: ? Karl E. Rominger Esquire - Counsel for Mother Diane M. Dils Esquire - Counsel for Father e0p'es JESSICA NOT7 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER Defendant 2006-941 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido FULL DAY HEARING REQUESTED 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 Danielle Swanger May 22, 2005 Mother/Father 2. A custody conciliation conference was held on April 11, 2012, with the following individuals in attendance: the Mother, Jessica Paden, formerly Notz, with her counsel, Robert Kulling Esquire (for Karl E. Rominger Esquire), and the Father, Collin Swanger, with his counsel, Diane M. Dils Esquire. 3. The current custody conciliation conference was scheduled as a follow-up to receipt of recommendations through a custody evaluation performed by Laurie S. Pittman, PhD of Beacon Psychological Services. The parties are currently operating under a shared legal and physical custody schedule under which the parties have custody during split weeks and alternating weekends. The parties have a long and litigious history with regard to custody of their daughter but the most recent filings were the Father's Petition for Emergency Contempt and the Mother's Counterclaim. At the custody conciliation conference on January 13, 2012, the parties agreed to suspend disposition of those Petitions in order to have a custody evaluation completed. 4. The parties were unable to reach an agreement based upon the report and recommendations of the custody evaluator and it will be necessary to schedule a hearing in this matter. 5. The Father's position on custody is as follows: The Father objects to several assumptions and conclusions contained in the evaluation as he believes they are inaccurate or unsupportable. In particular, the Father does not agree that he should be required to discontinue all use of alcohol when he does not have custody of the Child or that he should be required to undergo random testing for a six month period for which he would be responsible for the costs. The Father does not agree that his custodial time should be reduced from the current equally shared schedule to supervised visitation for the six month period as recommended by the evaluator as he does not believe that would be in the best interests of the Child, nor merited by the circumstances. The Father believes that the Mother has been in violation of court orders for several years by failing to share required information, involve the Father in major decision making for the Child or to make the Child available for scheduled periods of custody. The Father therefore does not agree with the evaluator's recommendation that the Mother have sole legal and primary custody for any period of time. The Father seeks to continue the equally shared custody schedule and believes that the Mother should be held in contempt for violation of the current Order with sanctions applied. 6. The Mother's position on custody is as follows: The Mother believes that since the parties agreed to undergo a custody evaluation, they should abide by the resulting recommendations. The Mother acknowledged that although the evaluator did not provide for contact between the Father and Child during the initial six month period while the Father is establishing his continued sobriety, she believes it would be best for the Child to have some type of supervised periods of custody with the Father to maintain contact. According to the Mother, the Child has indicated that her relationship with the Father has been improving through counseling with Jaime Orris. On the other hand, the Mother believes that the Father should be required to establish his sobriety as recommended by the evaluator prior to increasing his periods of custody even to a partial schedule. The Mother indicated that she would be willing to follow the recommendations of the evaluator with regard to co-parenting classes and seeks to implement the recommendations related to the Father's requirements as well. 7. As it is anticipated that counsel for the parties will be presenting the testimony of not only the custody evaluator but also the Child's counselor and possibly other individuals consulted in the course of the custody evaluation as well as other adults living in the parties' residences, it is possible that the hearing will require more than one full day. As the current shared custodial arrangement differs substantially from the recommendations of the evaluator, the Mother requests that the hearing be expedited. 8. The conciliator submits an Order in the form as attached scheduling a hearing on the Father's Emergency Petition for Contempt and the Mother's Counterclaim for sole physical custody. oo?j- - c2z Date Dawn S. Sunday, Esquire Custody Conciliator rn M E C- M r-A a- ti 6i LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Collin Swanger JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-941 COLLIN SWANGER, CIVIL ACTION - LAW Defendant CUSTODY MOTION FOR CONTINUANCE AND NOW this 18th day of May, 2012, comes Diane M. Dils, Esquire, the Attorney for the Defendant, Collin Swanger, and respectfully requests the following: 1. Your Movant is Diane M. Dils, Esquire, the Attorney of Record for the Defendant, Collin Swanger, in the above-captioned matter, whose office is located at 1400 North Second Street, First Floor, Front, Harrisburg, Pennsylvania 17102. 2. The Plaintiff, Jessica Notz, is represented by Attorney Karl E. Rominger, whose office is located at 155 South Hanover Street, Carlisle, Pennsylvania 17013. 3. On May 7, 2012, your Movant received an Order of Court dated April 19, 2012 scheduling a custody hearing in the above matter for June 4, 2012 at 9:15 a.m. before The Honorable Edward E. Guido. 4. Your Movant has been scheduled to appear in the Court of Common Pleas of Dauphin County in another matter on June 4, 2012 at 9:00 a.m., by Order dated February 7, 2012, see Exhibit "A" attached hereto, being a copy of said Order. 5. Your Movant sent a letter to Counsel for Plaintiff dated May 14, 2012, informing Counsel of the conflict and inquiring whether he will concur or oppose this request. 6. As of the filing of this Motion, there has been no response from Counsel for Plaintiff. 7. Your Movant had believed that the case in Dauphin County would settle; however, your Movant learned this date, that the matter will need to proceed with the hearing scheduled for June 4, 2012. 8. It is respectfully requested that the above captioned custody hearing be continued from June 4, 2012 and rescheduled to a mutually convenient date and time. WHEREFORE, your Movant, Diane M. Dils, Esquire, respectfully prays your Honorable Court to grant a Continuance of the Custody Hearing scheduled for June 4, 2012 at 9:15 a.m. Respectfully submitted, r BY: Nane M. ils,-squire 1400 N h Second Street First oor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 CAROLYN A. HENDRIKSMA, : IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. NO. 2008 CV 12069 CU DAVID S. HENDRIKSMA, Defendant CIVIL ACTION - CUSTODY QRDER AND NOW, this 7" day of February, 2012, IT IS HEREBY ORDERED that a hearing in the above-captioned matter is scheduled for Monday, June 4, 2012 at 9:00 AM in Courtroom No. 7, Fifth Floor, Dauphin County Courthouse, 101 Market Street, Harrisburg, Pennsylvania. IT IS FURTHER ORDERED prior to the Hearing, the parents, any adult living in their household, and their legal counsel shall read AFCC's "Planning for Shared Parenting - A Guide for Parents Living Apart," prepared through a collaborative effort of mental health and legal professionals in the Association of Family and Conciliation Courts which can be found on my web site, htw:/-/www daughi „coon r ore/court-departments/offices-departments/court-of-common- plea s /practices-judge-turgeon/ The parties shall complete the enclosed Parenting Plan and provide a copy to each other (5) days prior to the Hearing. All parties must provide to the Court and the other party to this custody action an Affidavit concerning any criminal and/or abusive history, in accordance with Section 5329 of the Custody Code. The enclosed affidavit must be completed and presented at the Hearing. Parties to a custody action or their attorney may obtain information about PA criminal convictions of parties in a custody proceeding at www.; eL ndaveprogram.us or calling 1-866-536-3283, BY THE COURT: nnine Turgeon, Judg DISTRIBUTION; Darren J. Hoist, Esquire P.O. Box 810 Harrisburg, PA 17108 Diane M. Dils, Esquire 1200 North Second Street Harrisburg, PA 17102 Dr. Arnold T. Shienvold 2151 Ling1cstown Rd., Ste. 200 Harrisburg, PA 17110 `dNN3d AiNnoo NIHd 9S:e Wd L- 8 181 KviowulHd _10 301.130 1.1-1A!?q ?? / // VERIFICATION I verify that the statements made in this Motion for Continuance are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dian M. ils, Esquire Date: May 18, 2012 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Motion for Continuance has been served upon the following individual(s) by first class, United States mail, postage prepaid, by depositing the same at the post office in Harrisburg, Pennsylvania on the 18th day of May, 2012 addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, BY: ?Diane M. ils, squire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 T7 T 'T t E M.'` ` 25 14 JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. COLLIN SWANGER, Defendant No. 06-941 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ,.2 3 !C4ay of May, 2012, upon presentation and consideration of the within Motion for Continuance, it is hereby ORDERED that ? said Motion is `....... 201.2 at 9:15 a.m. is All e r er a e pri , s a remain m rce BY THE CQ1 T The Honorable Edward E. Guido, Judge Distribution: i? Diane M. Dils, Esquire, 1400 N. Second Street, First Floor Front, Hbg, PA 17102 Karl E. Rominger, Esquire, 155"S. Hanover St., Carlisle, Pa. 17013 COP, es rv a - ('d s/mss/ice P;?`? y -. JESSICA NOTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-941 CIVIL TERM COLLIN SWANGER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4th day of June, 2012, after hearing, the contempt petition is DISMISSED. By the Court, Edward E. Guido, J. ? Karl E. Rominger, Esquire For the Plaintiff ? Diane M. Dils, Esquire For the Defendant srs Cxp:CS iva . 'I eoO &/&//;I A-l M JESSICA NOTZ, Plaintiff V. COLLIN SWANGER, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-941 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 4th day of June, 2012, our Order of October 24, 2011, is vacated. Our Order of March 23, 2010, is amended to add the following: 1. The Child shall continue counseling with Jamie Orris or some other mutually agreed-upon counselor until she is successfully discharged. Father shall pay any costs associated with said counseling not covered by insurance. 2. The parties shall engage in co-parent counseling with Jamie Orris or some other mutually agreed-upon counselor until they are successfully discharged. Said counseling shall commence immediately. Any costs not covered by insurance shall be borne equally. 3. The Father shall continue to transport the Child to her bus stop at the Mother's residence on school mornings, and the Mother shall transport the Child to the Father's residence when the Mother is relinquishing custody of the Child. The place for exchanges of custody for holidays shall be at the Giant store in Camp Hill. 4. Father shall have the following additional periods of custody: A. From 7:00 p.m. June 13, 2012, through 8:00 a.m. on June 19, 2012. B. From 9:00 a.m. until 5:00 p.m. on July 4, 2012. 5. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate must comply with 23 Pa. C.S. Section 5537. 6. We are satisfied that despite their prior difficulties with the law, neither parent poses a threat of harm to the Child. We are, however, concerned that Father has a significant alcohol problem for which counseling may be needed. He is ordered to obtain a drug and alcohol evaluation within 30 days of today's date and to comply with all treatment recommendations. The drug and alcohol evaluator shall be provided a copy of Exhibit 1 prior to the evaluation. A copy of the drug and alcohol evaluation shall be filed with this Court and also given to Mother's counselor. 7. Neither party shall drink alcohol or use any controlled substances other than as proscribed by a physician. In all other respects, our Order of March 23, 2010, shall remain in full force and effect. By the Court, Edward E. Guido, J. Karl E. Rominger, Esquire For the Plaintiff Diane M. Dils, Esquire For the Defendant srs C"1 N C3' C ° _V-M � � - y -... LAW OFFICES OF DILS & DILS r-2: CIO DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 �' •- _.,fr'` 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Collin Swanger JESSICA NOTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06-941 COLLIN SWANGER, CIVIL ACTION—LAW Defendant CUSTODY MOTION FOR TELEPHONIC TESTIMONY AND NOW this 18th day of March, 2013, comes Diane M. Dils, Esquire, the Attorney for the Defendant, Collin Swanger, and respectfully requests the following: 1. Your Movant is Diane M. Dils, Esquire, the Attorney of Record for the Defendant, Collin Swanger, in the above-captioned matter, whose office is located at 1400 North Second Street, First Floor, Front, Harrisburg, Pennsylvania 17102. 2. The Plaintiff, Jessica Notz, is represented by Attorney Karl E. Rominger, whose office is located at 155 South Hanover Street, Carlisle, Pennsylvania 17013. 3. A hearing is scheduled before Your Honorable Court, The Honorable Edward E. Guido on Monday, March 25, 2013 at 9:30 a.m. 4. The Defendant intends to call Jamie Orris, LSW, the counselor for the minor child and the co-parent counselor for the parties as an expert witness. 5. Ms. Orris appeared and testified before Your Honorable Court at the time of the last hearing held June 4, 2012 at the request of the Defendant, Collin Swanger. 6. It is respectfully requested that Ms. Orris be permitted to testify via telephone in lieu of appearing on March 25, 2013. 7. Ms. Orris' schedule -is such that it would be necessary for her to cancel scheduled appointments in order to appear in Court on March 25, 2013. 8. In addition, Defendant previously caused and paid for Ms. Orris to appear on June 4, 2012 before Your Honorable Court, and once again, with the Plaintiff's continual filings in this case, it is necessary for Ms. Orris to testify, all at the Defendant's expense. 9. On March 12, 2013, Counsel for the Defendant sent a letter to Plaintiff's Counsel inquiring as to whether he would concur or oppose the request to have Ms. Orris testify via telephone in lieu of appearing in Court. I O.As of the filing of this Motion, there has been no response from Counsel for Plaintiff. 11. Due to the Plaintiff s allegations of Defendant's failure to refrain from alcohol, it is also necessary that Defendant provide verification to Your Honorable Court via his Counselor at West Shore Outpatient Services, specifically Jed Baker, BA. 12.I1 is respectfully requested that Mr. Baker be permitted to testify via telephone in lieu of appearing on March 25, 2013. WHEREFORE, Your Movant, Diane M. Dils, Esquire, respectfully prays your Honorable Court to grant this Motion and to permit both Jamie Orris, LSW and Jed Baker, BA, CADC to testify via telephone at the time of the scheduled hearing on March 25, 2013 at 9:30 a.m. Respectfully submitted, B Diane . Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in this Motion for Telephonic Testimony are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Di . Dils, Esquire Date: March 18, 2013 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Motion for Telephonic Testimony has been served upon the following individual(s) by first class, United States mail, postage prepaid, by depositing the same at the post office in Harrisburg, Pennsylvania and via facsimile on the 18th day of March, 2013 addressed as follows: Fax: 241-6878 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, B Diane&f Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 JESSICA NOTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-941 CIVIL TERM COLLIN SWANGER, CIVIL ACTION - LAW Defendan IN CUSTODY ORDER OF COURT AND NOW, this 25th day of March, 2013 , after hearing, Mother' s Petition to Modify Custody is DENIED. Our Orders of March 23 , 2010, and June 4, 2012 , shall remain in full force and effect . By the Court, Edward E. Guido, J. t/Karl E. Rominger, Esquire For the Plaintiff i/ Diane M. Dils, Esquire For the Defendant s rs N "O C�:) JESSICA NOTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-941 CIVIL TERM COLLIN SWANGER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 25th day of March, 2013 , after hearing, we find the Defendant in contempt of our prior Order for having consumed alcohol in direct violation thereof . He is fined the sum of $500 . 00 . By the Court, Ed- ard E. Guido, J. Karl E. Rominger, Esquire For the Plaintiff Diane M. Dils, Esquire For the Defendant C-) , C _C= T'' -0m srs �Cs ,lP�