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WEST PERRY ELEMENTARY SCHOOLS
ElliottJburQ, Ptnnsylvani.
Pupil Pro;r... Report
Grade. 4-8
Pupil Namf
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MARKING PERIODS 2 3 4
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ACADIMlc GRADINO KEY
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NON. ACADEMIC
GRADING MlY
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S-Sahsraclory
N-Newdl Improvement
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SOCIAL AND WORK HAIITS
SCIINCE
SOCIAL STUDIII
HEALTH
MARKING PERIODS
2 3 4
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Work, if\dependenUy "'llhout
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PHYSICAL EDUCATION
ART
MUSIC
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TRUDY L. SWALM,
Petitioner/Defendant:
IN ~HE COURT O~ COMMON PLEAS O~
CUMBERLAND COUNTi, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN CUSTODY
Paul Bradford Orr. Esquire
50 East High Street
Carlisle, PA 17103
~or the petitioner
f'~.\VO
l/ i*
WILLIAM J. LUMADUE, JR.,
Respondent/Plaintiff:
No. 96-0912 CIVIL TERM
ORDER O~ COURT
AND NOW, this 16th day of August, 2000, upon
consideration of Plaintiff's petition for emergency relief
with respect to the school which the parties' child, Kami
Rose Lumadue (date of birth, April I, 1994) should attend,
and following a hearing, the record is declared closed, and
the matter is taken under advi~ement.
By the Court,
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
For the Respondent
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TRUDY L. SWALM.
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.: 96-0912 CIVIL TERM
: CIVIL ACTION - LA W
WILLIAM J. LUMADUE, JR..
Respondent
: IN CUSTODY
ORDER OF COURT
AND NOW,
, 2000. upon consideration of the attached Petition to Modi fy
Custody. it is hereby directed that the parties and their rcspcctive counsel appcar before
, the conciliator, at
on the
day of
, 2000, at
o'clock.
_.m., for a Pre-Hearing Cuslody Conference. At such conference, an effort will be made to resolve the
issues in dispute; or if this cannol be accomplished. to de line and narrow the issues to be heard by the Court,
and to el1ler into a temporary order. All children age live or older may also be present althe conference.
Failure to appear at the conference may provide grounds lor entry of a temporary or pennanent 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 Acl of 1990. For infonnation about accessible facilities and reasonable acconunodations
availabl~ 10 disabled individuals having business before the court, please contact our oflice. All
arrangements must be made at least n hours prior to any hearing or business before the court. You must
allcnd the scheduled conference or hearing.
YOU SHOULD TAKE nlls PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE TIlE
OfFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumtterland County Bar Association
2 liberty A venue
Carlisle. Pennsylvania 17013
(717) 249-3166
TRUDY L. SW ALM,
Pelitioner
: IN HIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Ys.
: NO.: 96.091~ CIVIL TERM
: CIVIL ACTION. LA W
WILLIAM J. LUMADUE, JR.,
Respondent
: IN CUSTODY
, '
PETITION FOR MODIFICATION OF CUSTOIlY
I. The Petitioner, Trudy L. Swaim, hercinal\er rclerred to as the Mother. resides at 207
Pisgah Hill Road. Shermansdale. Perry County. Pennsylvania 17090.
2. The Respondent, William J. Lumadue, Jr.. hereinalier reterred to as the Father resides at
1147 Pheasant Drive, North. Road, Carlisle. Cumberland County. Pennsylvania 17013.
f
i,
The Petitioner. by and through her attorney. Paul Bradford Orr. Esquire, represents the following:
3. The parties are the parents of Kami Rose Lumadue. having a date of birth of April 1.
19<)-1.
-I, Petitioner and Respondent are the parties to previous custody matters which arc
included in Exhibits A. B. C. and D, attached hereto, regarding the previous Orders dated February
27. 1996, February 27, 1998, May 2. I \199. and August 16.2000.
5. Since the Order of May 2. 1999, which provided for joint physical custody. the child
has been on alternating weeks with Pelitioner.
6 On August 16, :2000. an Order was entered. following a hearing. directing that the
child attend the Grcenpark Elementary School in the West Perry School District of Perry County.
I'ennsylvania.
7. Petitioner believes and therefore avers that it is in the best interest of the child to
pruvid.: primary physical ~uslody of the child with the Petitioner herein, particularly as of the Fall of
:WOO. when the child will be starting tirsl grade utlhe Greenpark Elementary School.
WHEREFORE. the Petitioner respectfully requests this Ilonorable Court to enter an Order
Modilying the previous Order as follows:
A. gmnting primary physical custody to Petitioner/Mother;
B. gr.mting liberal partial custody to Respondent/Father.
Ou" 1ll~lpO
PAUL BRADFO ORR, ESQUIRE
Allomey for Petitioner
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court 10# 71786
"
VERIFICATION
I verifY that the statements made in the fort:going Petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Po.C.S. ~ 4904, relating to
unsworn falsilication to authorities.
DATE: f!dlJ.-ro
~!6~1~
,!
t
WILLIAM J. LOMADUE. JR.,
Plaintiff/Re.pondent
IN nn: COURT 01' COMMON PLEAS 01'
CtlMBERLA.:lD COt1N'l"l, PENNSYLVAN'IA
v.
CIVIL ACTION . LAw
IN CUSTODY
TRUDY L. SWAUl,
De!endant/Petitione~
96-0912 CIVIL TERM
ORDIR 01' COt'RT
AND NOw, thi. 27th day o! February, 1996, UllOA
conside~ation o! the Oefendant's Petition for Special aelis!,
and following a confe~ence in chamb.~. in which coun.el for the
pa~ties have exp~ee.ed the positions of their client. with
respect to thi. matte~, it i8 orde~ed and directed a. followwl
,
1. The partie. shall share legal cu.tody of
their child, Xami Rose Lumadue, whoBe date of birth is April 1,
1994.
2. The parties shall share. physical cu.tody of
the said child during alternating weeks, with mother'e w.ek
commencing on Wedn.sday, February 28, 1996, at 10100 a.m.
3 . Nei ther party shall ~emcve the child f~OID the
jurisdiction of Penn8ylvania.
This custody order is a temporary orde~, PaDding
the conciliation conference ~o be held in this caee and any
further Order of Court.
., d:,;:tt... ":;1 of7>7~', 17 ,'!.~.
.....,"'~...a..,...'f'~v....._
J..lJi. Prothonotary
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By
T~I':'; COpy F~OM RECORD
.. - ... '.' '~":,lf. I i1~" 'J'~O sat my hand
. __.:! J:- ~.; ~ I::)'..:r: :~ :.;;H:!e. ?~.
Ai
PlalnCJ.rr
CUMl:S~U l,;uutn.:'t, k'U4ti~"'1.dtUfJ.1'\.
,~
.....
TRUDY L. SWALM,
Detendant
96-0912 CIVIL TERM
~
t
...
v.
IN RE: PLAINTIFF'S COMPLAINT FOR CUSTOD~
ORDER OF COURT
AND NOW, this 27th day ot February, 1998,
upon consideration ot Plaintitt's complaint tor custody in the
above-captioned matter with respect to the parties' child Kami
Rose Lumadue (date ot birth April 1, 1994), and tollowinq a
hearing, the terms ot the Order ot Court dated February 27,
1996, are continusd in full force and effect.
Nothing herein is intended to represent a
determination by the Court as to the appropriate custody
arrangement at such time as circumstances, includinq the
imminency ot the child'S commencement of school, may chang..
By the Court,
!
i
I,
P. Richard Wagner, Esquire
For the plaintift
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
Harrisburg, PA 17110
Arthur K. Dils, Esquire
For the Defendant
DIXON & DILS
101 South Second Street
Harrisburq, PA 17101
:lkt
"
,. .f
[ Xr/1.8 [T tJ '
WILLIAM J. LUMADUE, :
JR.,
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
CIVIL ACTION - LAW
TRUDY L. SWALM,
Defendant
NO. 96-0912 CIVIL TERM
AND NOW, this
ORDER OF COURt
l '} tLday of August, 1999, upon consideration of
Plaintiff's
petition for modification of custody with respect to the parties' child, Kami Rose
Lumadue (d.o.b. April I, 1994), and following a hearing, it is ordered and directed as
follows:
1. Legal custody of the child shall be shared by the parties.
2. Physical custody of the child shall be shared by the parties on
an alternating week basis, from Saturday at 10:00 a.m. until Saturday
at 10:00 a,m,
3, The child shall attend kindergarten at the Montessori school
proposed by Plaintiff father. Transportation of the child with respect
to school shall be the responsibility of the party having custody at
the time.
BY TIIE COURT,
tih
P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
TRUE COPY FROM RECORD
In Tlllltlmony whereof. I here unto set my hand
&lid the seal 01 said COIl t Carlisle, Pa.
Th' ay 0 1
~t€'"-
ftHrtHT "e'l
WILLIAM 1. LUMADUE, :
JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
TRUDYL, SWALM,
Defendant
NO. 96-0912 CIVIL TERM
"
ORDER OF COURT
AND NOW, this 161h day of August, 2000, upon consideration of Trudy L,
Swaim's Emergency Petition To Modify Custody with respect to the parties' child, Kami
Rose Lumadue (d.o.b, April 1, 1994), and following a hearing held on August 16,2000,
..
at which the issue for disposition was whether the child should attend the Greenpark
Elementary. School in the West Perry School District or the Green Ridge Elementary
School in the Cumberland Valley School District, and it appearing, inter alia, that the
child's half.sister attends the former school, it is ordered and directed that the child attend
the Greenpark Elementary School in the West Perry School District.
BY THE COURT,
J.
P. Richard Wagner, Esq.
2233 North FrC/li, ~t!"Cet
Harrisburg, P A 17110
Attorney for Plaintiff
A'
, aul B. Orr, Esq.
50 East High Street
Carlisle, PA 17013
Attorney for Defendant
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ORDD
AND NOW, this--=:l.-day of /viJ\ \ , lrJfl ,
upon consideration of the attached comptaint, it is hereby ---
directed that the parties and their respective counsel appear
before t"\.h-r,,\,')(,C-,II[('1,I""i{, .' the conciliator, at~~S~
't=\-J'f \'r""(l.r,', \ f:-n{\.\.~r'\'\i't:::oj~~'~, \. t ~-, II \.. .\\-\11) .....l... , O'~/i .'
the~1 day of ~\"'L ' 191~, at 10', ,0;[')
o'clock ~.m., for II I>re-Hearing Custody Conference. At such
conference, an effort will be made to resolve the issues in
diBpute; or if thiB cannot be accompliBhed, to define and narrow
the iBsues to be heard by the Court, llnd 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 groundB for entry of a temporary or permanent Order.
FOR THE COURT,
.
By .~\:t^ ~
Custody ConcH ato )
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A I.AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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WILLIAM J. LUMADUE, JR., I IN THE COURT or COMMON PLEAS
I CUMBERLAND COUN'l'Y, PENNSYLVANIA
Plaintiff , I
V. I NO. 96-913
I
I CIVIL ACTION - LAW
TRUDY L. SWALM, I
I IN CUSTODY
Defendant. I
PBTl~IO. I'OR PRIMARY CUSTODY
AND NOW, comeB the Plaintiff, by and through hi.
attorney., MANCKE, WAGNER, HERSHEY' TULLY, and file. the
following Petition for Primary custody:
1. The Plaintiff, WILLIAM J. LUMADUE, JR., is an adult
individual residing at 146 MillerB Gap Road, Enola, cumberland
county, Pennsylvania.
3. The Defendant, TRUDY L. SWALM, is an adult
individual reBiding at an address Pisgah state Road, ShermanB
Dale, Perry County, Pennsylvania.
3. The parties are the natural parents of one child,
RAMI ROSE LUMADUE, born April 1, 1994.
4. Plaintiff and Defendant are the parties to a
previouB custody matterB which are included in Exhibits A and B,
attached hereto, regarding the previous OrderB dated February 27,
1996, and February 27, 1998.
5. Plaintiff iB the natural father of the child; the
Defendant iB the natural mother of the child.
. i
6. The chila was born out of wedlock.
7. Since the Oraer of rebruary 27, 1998, which
providea for joint phy.ical custody, the chila has been on
alternatinq weeks with the Plaintiff at the adare.. contained in
paragraph 1 above.
8. Since the entry of the Order of February 27, 1998,
the chila has spent alternatinq .eeks with the Defendant, part of
wbich was at an addre.s where the Defendant lived with her father
at Tapeworm Road, believed to be New Bloomfield, Perry County,
Pennsylvania; and at some point in the last year, moved to pisqah
State Road, Shermans Dale, Perry county, pennsylvania, with
William Racklay, alonq with Mr. Racklay's child, Shelby, and the
Defendant's other child, Kylee.
9. Plaintiff believes and therefore avers that the it
is in the best interest of the child to provide primary physical
custody of the child with ths plaintiff herein, particularly as
of the Fall of 1999, when the child will be startinq formal
education at the BrookBide MonteBsori School in Camp Hill,
CUmberland County, PennBylvania, at which Bhe is currently
enrolled on a three (3) aay b.siB.
10. Plaintiff further believe. that it i. in the best
intere.t of the child to qrant shared leqal custody of the child
unto the Plaintiff with primary physical custody with the
Plaintiff with partial cUBtody in the Defendant herein.
waBRlroRl, plaintiff pray. thi. Court to qrant relief
a. requa.tad.
Re.pectfully .ubmitted,
IlUC.., n~, ......Y , TULLY
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/' 3~NCfth Front street
~~r~i.burq, PA 11110
(111) 234-1051
Attorney for plaintiff
DATE I ..31.J~/'Iq
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I
WILLIAM J. LtlHADt1lll, JR.,
Plaintiff/Re.pondent
I IN THE COURT 01' COMMON PLEAS 0'
I CtlHBIRLAND COON'l'Y, PENl'iSYLVANIA
I
I CIVIL ACTION 4 LAW
I IN ctlSTODY
,
v.
TRUDY 1.. SWALH,
Defendant/Petitioner
96-09l~ CIVIL TBRH
ORDER 0' COURT
AND NOW, this ~7th day of 'ebruary, 1996, upon
consideration of the Defendant'. Petition for Special aelief,
and following a confsrence in chambers in which counsel for tha
partie. have expres.ed the positions of their clients with
re.pect to this matter, it is ordered and directed as follows,
1. The parties shall share legal custody of
their child, Xami Rose Lumadue, who.e date of birth is April 1,
1994.
2. The parties shall share physical custody of
the said child during alternating weeks, with mother's week
commencing on Wednesday, February 28, 1996, at 10,00 a.m.
3. Neither party shall remove the child fram the
jurisdiction of Pennsylvania.
This custody order is a temporary order, pending
the conciliation conference to be held in this ca.e and any
further Order of Court.
By the
T"I.:~ COpy FROM RECORD
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WILLIAM J. LUMADUE,
plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
TRUDY L. SWALK,
Defendant
96-0912 CIVIL TERM
IN RE: PLAINTIFF'S COMPLAINT FOR CUSTODY
ORDER OF COURT
AND NOW, this 27th day of February, 1998,
upon consideration of Plaintiff'B complaint for custody in the
above-captioned matter with respect to the parties' child Kami
Rose Lumadue (date of birth April 1, 1994), and following a
hearing, the terms of the Order of Court dated February 27,
1996, are continued in full force and effect.
Nothing herein is intended to represent a
determination by the Court as to the appropriate custody
arrangement at such time as circumstances, including the
imminency of the child's commencement of school, may change.
By the Court,
P. Richard Wagner, Esquire
For the Plaintiff
MANCKE, WAGNER, HERSHEY' TULLY
2233 North Front Street
HarriSburg, PA 17110
Arthur K. Dils, Esquire
For the Defendant
DIXON , OILS
101 South Second Street
HarriSburg, PA 17101
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TRUDY L. SWALM.
Plaintiff
IN THE COURT OF COMMON PL.EAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LA W
NO. 96.0912 CIVIL
IN CUSTODY
WILLIAM J. LUMADUE. JR..
Defendant
COURT ORDER
AND NOW, this '1 tL day of November. 2000, upon consideration of the attached Custody
Conciliation Report. it is ordered and directed as follows;
I. A hearing is scheduI.:d in Courtroom N . I of the Cumberland County Courthouse
on the / d:t!A.. day of 200' at
/: 30 ~.M. at which time te lmony will be taken in the above case. At
this hearing, the Mother shall be the moving party and shall proceed initially with
testimony. Counscl for the parties shall file with the Court and opposing counsel a
memorandum sening forth the history of custody in this case, the issues currently
before the court, a list of wilnesses who will be called to testilY and a summary of
the anticipated testimony of each witness, This memorandum shall be filed at least
five (5) days prior to the mentioned hearing date,
2. Either party may retain an expert to perfonn a further custody evaluation or any
other type of testing the parties may desire. Both parties are direc,ted to participate in
any evaluation arranged by the other party on the condition that the other party is
incurring all of the expense in connection with thnt evaluation. Both parties shall
disclose to lhe other parent and/or their attorney any individuals who are involved in
providing evaluations or counseling for the child and this Order hereby authorizes
and directs any professional who is involved in providing evaluation or counsel for
the child to share infonnation with respect to those evaluation/counseling with both
parents.
3. Pending further order of this Court. this Court's prior Order on shared custody shall
remain in place.
BY THE COURT,
1.
cc: Osmer S. Deming. Esquire
Richard P. Wagner, Esquire
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JI{['DY L. SWALM.
P!aintitl.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYl.V ANIA
v
CIVIL ACTION. LA W
NO. 96.0912 CIVIL
IN CUSTODY
WILLIAM J. LUMADUE, JR..
Oetendunt
Prior Judge: 1. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH tHE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Kami Rose Lumadue, born April I, 1994.
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A Conciliation Conference was held on November 2, 2000, with the following indIvidusls
in attendunce:
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The Mother, Trudy L. Swaim. with her counsel, Osmer S. Deming. Esquire; and the Father.
William J. Lumadue, Jr., with his counsel, P. Richard Wagner. Esquire.
3. There is an existing order that provides for shared custody on a week on/week off basis.
Pursuanl to a recent Order entered by Judge Oler, the child is able to attend first grade in
Perry County where the Mother lives. Father lives in Cumberland County in the
Cumberland Valley school district. Although Father would prefer the child to attend school
where he lives, Father is willing to accommodate the existing custody order such that he
would transport the child to Perry County to school during the week that he has custody.
Mother has now petitioned the court requesting that she be granted primary physical castody
in light of the fact that she feels the child should live on a full time basis in the school
district where she is altending.
4. Trle parties are unable to reach an agreement and the Conciliator recommends that a hearing
be scheduled. Based upon some prior involvement of custody evaluators in this case, the
Conciliators suggests that that issue also be addressed in the Order scheduling the hearing.
({ (:2 { rJ()
DAfE
WILLIAM J. LUMAOUI, JR.,
PlainUff
IN THE COURT 01 COMMON PLIAS or
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
I
v.
: C1VIL ACTION - LAW
IN CUSTODY
96-91:1 CIVIL TERM
TRUDY L. SWALM,
Defendant
ORDER OF COURT
AND NOW, this 15th day of August, 1996, upon
consideration of Plaintiff's complaint for custody in the
above-captioned matter, and pursuant to an agreement of both
counsel who are present in chambers for the dictation of this
order (P. Richard Wagner, Esquire, on behalf of the Plaintiff
and Arthur K. Dils, Esquire. on behalf of the Defendant),
adjudication of this custody matter is deferred generally
pending a custody evaluation by Stanley E. Schneider of Guidance
Associates in Camp Hill, Cumberland County, Pennsylvania. The
expenses for Dr. Schneider's evaluation shall be paid to the
extent of $800,00 by the Court, and the balance of said expenseB
shall be the responBibility of Plaintiff, the father. Nothing
herein shall obligate the Court to pay more than the sum of
$800.00, and Dr. Schneider is requested to satisfy himBelf that
he will be paid the balance of any sums due for the evaluation
before undertaking it.
Pending further Order of Cour.t, the custody
arrangement provided for in the Court's temporary order of
February 27, 1996, shall remain in full force and effect.
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counsel are requested to notUy the Court when Dr. SchMiderts
report has been completed, and a hearing, if any, is d.sired in
this matter.
Nothing herein is intended to preclude any
efforts on the part of Dr. schneid~r to mediate the dispute
between the parties, and to encourage a resolution of the matter
withuut the necessity for further Court intervention.
By the Court.
3. Nealey oler
P. RICHARD WAGNER, ESQUIRE
2~33 North Front st~eet
Harriburg, PA 11110
For the Plaintiff
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ARTHUR K. DILS, ESQUIRE
101 South second street
Executive House, suite Ll
Harrisburg, PA 17101
For the Defendant
Dr, stanley E. schneider
Guidance Associates of Pennsylvania
412 Erford Road
Camp Hill, PA 11011
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WILLIAM J. LUMADUE, JR., , IN THE COURT OF CQHHON PLEAS OF
plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA
,
v. t CIVIL ACTION - LAW
,
TRUDY L. SWALM , . NO. 96-912 CIVIL TERM
.
Defendant ,
, CIVIL ACTION - CUSTODY
PRIOR JUDGE' HONORABLE J. WESLBY OLER, JR.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCBDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The information pertain.t.ng to the child who is subject of this
litigation is as follows:
Kamy Rose Lumadue, born April 1, 1994.
2. A Conciliation Conference was held on March 22, 1996, with the
following individuals in attendance:
The Father, William J. Lumadue, Jr., with his attorney, P.
Richard Wagner, Esquire, and the Mother, Trudy L. SwaIm, with
her attorney, Arthur K. Oils, Esquire.
3. The parties separated in February of this year. On a Petition
for Emergency Relief, Judge Oler issued an Order on February
27, 1996, giving the parties shared custody on a week onlweek
off basis. Attempts to resolve the case were made at the
Conciliation Conference, but the parties were unable to agree.
4. Mother is of the opinion that the Father does not have
sufficient time off work to take care of the child. Father
works varying hours at a family restaurant. Father's work
schedule is a complicating factor. Also a complicating factor
is the Mother has another child who is four years old and the
Mother feels that the two children should be kept together as
much as possible. Mother's first child is from a prior
marriage.
5. A hearing is necessary in this case. The hearing should take
no more than one day. Pending a hearing, the Conciliator
recommends that the existing Order remain in effect.
3/~4/ q~
Date
Hubert X. Gilro , Esquire
Custody Conc' ator
WILLIAM J. LUMADUE, JR., , IN THE COURT OF COMMON PLEAS OF
plaintH! , CUMBEIlLANDCOUNTy,PBNNSYLVANIA
,
v. , CIVIL ACTION - LAW
,
TRUDY L. SWALH , , NO. 96.912 CIVIL TERN
Defendant .
.
: CIVIL ACTION - CUSTODY
lIONOIlABLE J. WESLEY OLER, JR.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
PRIOR JUDGE:
1. The information pertaining to the child who is subject of this
litigation is as follows:
Kamy Rose Lumadue, born April 1, 1994.
2. A Conciliation Conference was held on March 22, 1996, with the
following individuals in attendance:
The Father, William J. Lumadue, Jr., with his attorney, P.
Richard Wagner, Esquire, and the Mother, Trudy L. SwaIm, with
her attorney, Arthur K. Dils, Esquire.
3. The parties separated in February of this year. On a petition
for Emergency Relief, Judge Oler issued an Order on February
27, 1996, giving the parties shared custody on a week onlweek
off basis. Attempts to resolve the case were made at the
Conciliation Conference, but the parties were unable to agree.
4. Mother is of the opinion that the Father does not have
sufficient time off work to take care of the child. Father
works varying hours at a family restaurant. Father's work
schedule is a complicating factor. Also a complicating factor
is the Mother has another child who is four years old and the
Mother feels that the two children should be kept together as
much as possible. Mother's first child is from a prior
marriage.
5. A hearing is necessary in this case. The hearing should take
no more than one day. Pending a hearing, the Conciliator
recommends that the existing Order remain in effect.
J/~y q(;,
Date
Hubert x. Gilro , Esquire
Custody Conci ~ator
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A. TrORNE'r'S A r LAW
1017 NORTH FRONT STREET
HARRISBURO, PENNSYLVANIA 17102
PHONE: 17171 233-B743
FAX: (717)233-2587
ARTHUR Ii OILS
DIANE M RUPICH
January 26, 1998
The Honorable J. Wesley Oler, Jr,
Cumberland County Court House
One Court House Square
Carlisle, Pa. 17013
RE: William J. Lumadue. Jr. vs. Trudy L. SwaIm
No. 96-0912
Custody
Dear Judge Oler:
I represent Trudy L. SwaIm, and Mr. Lumadue is represented by P. Richard Wagner,
Esquire in connection with the above captioned custody matter. A hearing has been
scheduled for February 27,1998 at 1:30 p.m.
Ms. SwaIm's witness, Dr. Pauline Wallin, will be out of town on February 27, 1998,
and it is respectfully requested that the custody hearing scheduled for February 27.
1998 be rescheduled to a later date time, as Dr. Wallin's testimony is essential to Ms.
Swaim's case,
I am sending a copy of this letter to Mr. Wagner so that he is aware of this request.
Thank you for your consideration in this matter.
"..--'.
Vir!"Z' · !
lJ;K. Dil~
AKD
CC: P. Richard Wagner, Esquire
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RE: Lumadue v. Swaim
February 3, 1997
Page 2
Trudy Swaim (natural mother)
10/08'96 Interview
Child Management Questionnaire
Parent Sentence Completion Test
10'22'96 Interview
Life History Questionnaire
11'12'96 Minnesota Multiphasic Personality Inventory-2 (MMPI-2)
William Rackley (Trudy's S,O.)
1 2'02'96 Interview
Child Management Questionnaire
Parent Sentence Completion Test
Anthony Swaim (Trudy's ex-husband)
1 2'02'96 Interview
Kaml Lumadue
9/28'96 Parent Child Observation with father
11'1 6'96 Parent Child Observation with mother
1 2'20'96 Parent Child Observation with paternal grandparents
BACKGROUND (BRIEF):
The parents separated in February of 1996. As a result of a petition for
emergency relief, Judge Oler issued an order on February 27, 1996 establishing
shared custody on an alternating weekly basis.
At the conciliation conference on March 22, 1996, Hubert X. Gilroy, Esquire,
conciliator, noted that Trudy Swaim, the natural mother, opined that Bill Lumadue.
natural father, does not have sufficient time to take care of the child because of
his work demands which vary. There is also a relationship between Kaml and
Trudy's other daughter, Kylie who was born as a result of Trudy's marriage to
Anthony Swaim.
A court order dated August 15. 1996, resulted in the custody issue being
referred for an evaluation.
ADDITIONAL INFORMATION REVIEWED:
Holy Spirit Hospital records of Kami, July 1996
Telephone contact with Wonder Years Daycare on 1'28'97
Note from the office of Dennis J. Red, M.S.,D.M.D. dated 12/05'96
PA Blue Shield EOB reflecting outpatient pediatric visits In November 1996 ,
Apple a Day. walk in medical care 11'20'96
Findings of Theodore R. Engle dated 8'96 '
RE: Lumadue v. Swaim
February 3, 1997
Page 3
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ISSUES & FINDINGS (Bill Lumadue):
Bill's goal is to become primary physical custodian. He stated that ., don't
want her In school 52 hours a week when I have time to spend with her.. He
believes it best for Kaml to be with him and the paternal grandparents. He
questions Trudy's stability presenting himself as being more stable. Although
Trudy apparently tells him that Kylie and Kami need to spend time together. Bill
questions how much actual time Kami spends with Kylie saying that it is his belief
that Kylie spends more time with her natural father and her paternal grandparents
who live in Allentown versus time locally with Kami. He also states that he Is the
parent who attends to Kami's medical and dental needs.
Re9arding the current alternating weekly schedule. Bill stated that Kami does
"OK with the schedule and the changes". He presents Trudy as having an
inadequate sense of responsibility regarding childcare and believes that Trudy
herself is dependent because "she lives witli a man who takes care of her.. Bill
further questioned Trudy's priorities. He expressed some irritation that although
Trudy was able to buy a new vehicle, she was able to obtain financial assistance
from the courts for her share of this evaluation.
Specifically, Bill presents the following concerns about Trudy as a mother. He
indicated that Trudy allegedly "would lock the kids in the room as discipline". that
she yells and screams "constantly" at the kids, that she has frequent male visitor
and multiple boyfriends, that Bill does not know where Trudy is at any point in
time so he can check on Kami, that Kami does not have her own space in Trudy's
home, described Trudy as "just the woman who gave birth to her and does not
provide quality care" and indicated that it is really Tony, Trudy's ex-husband who
provides care for Kami.
Trudy and Bill met when they were both young adolescents. She was about
13; Bill was about 14. They began dating when Trudy was about 21. It is Bill's
belief that their relationship failed because of issues related to respect and money.
He described Trudy as "a leech who would take everything she can get her hands
on",
Bill indicated that when Kami is in daycare, the staff says that Kami cries and
asks for him. He further indicated that Kami "never cries for her mom... that she
says prayers at night but does not include her mother nor Kylie".
Bill presents a typical day reflecting his involvement with Kami when he is
available. If he has commitments at the family restaurant, he d'3fers to the
grandparents. primarily his mom to take care of Kami. At this time, Mondays are
Bill's day off from work.
At our second contact, Bill indicated that if he were primary physical
custodian he would support daily contact between Kami and her mother but does
not want Kami sleeping overnight at Trudy's home. He said "she can spend as
much time as she wants but I don't want her there overnight because all three kids
(Kami, Kylie, and Shelby - Bill Rackley's daughter)" sleep in the same room. Bill
believes that these are "too many people and too many children... it's ridiculous
RE, Lumadue v. Swaim
Febr'.Jary 3. 1997
Page 4
for three kids to sleep in the same room... my daughter (Kami) sleeps on the
floor... their house is only a two bedroom home...". Once again Bill expressed his
being upset that Trudy bought a new car versus her !jetting a larger place to Jive.
He describes that as "Irresponsible" and misdirected priorities.
Background information obtained from Bill is not terribly noteworthy. He and
his brother have been working in the 1amily restaurant for a number of years. Bill
related being born in Philadelphia the family moving to Altoona, Gettysburg and
finally to the Enola area over the last approximately 20 years. Bill began school in
Cumberland Valley school district indicating he qUit in 1983 in the tenth grade at
age 1 7. He reported repeating the second grade because he had an epileptic
condition. He quit school because "he couldn't stand it... I had better things to
do". He got his hi9h school diploma through an adult education program. He
reports working in hiS father' 5 bakery in Hamsburg full time for about four years.
Medically, he was successfully treated with Dilantin until early adolescence. He is
currently on no medication and reports being in good health. The family began the
current restaurant in the summer of 1980. Bill has worked in the restaurant
business since age 1 4.
Bill describes his prior relationship with Trudy as being rewarding and civil.
He said that Trudy "seemed to have herself straightened out... she had goals...
knew where she was going... Kami was conceived". Bill stated that he moved
Trudy to an apartment next door to their restaurant and all was going well .until
about eight months ago (Nov.lDec. 1995) when she started working". It is his
recollection that Trudy "passed all responsibilities to me, to Tony, to my mother
and others". In the last year, Trudy has had a number of different jobs which he
believes reflects her instability, lack of focus and direction. He stated that he felt
"badly for her because of how she was raised..," referring to constant conflict
between Trudy and her mother and absence of her father.
Results of the custody related instruments administered to Bill indicates that
he has appropriate focus. More importantly, he has acquired appropriate parenting
skills to raise Kami.
Results of Bill's MMPI-2 indicates that he was somewhat defensive in his
response profile. It does not evidence any obvious anxiety or depression and his
tendency is to be more active vs. contemplative. Common characteristics
consistent with his profile are descriptors such as competitive, persuasive, socially
confident, taking initiative as well as being verbally fluent. Bill is a conventional,
realistic person with practical interests. Cognitively, suppression and repression
may be used extensively in that Bill may deny and rationalize some of his feelings
and emotions. He may be unwilling to discuss emotionally-laden topics. His ego
strength appears strong and has the resiliency and capacity to be a full-time
parent. There are no consistent signifiant vindictive prone behaviors.
Interestingly, parts of his profile suggests a submissive posture with attempts to
avoid personal responsibility and allowing others to take charge.
Bill's profile is seen as vaiid although he presented a pattern reflecting a
person who is reluctant to admit problems and denying common human frailties.
~...-
~-......,
RE: Lumadue v. Swaim
February 3. 1997
Page 5
This is not unusual in child custody evaluations. He would generally tend to be
dependable and reliable. He would adopt a conventional approach to problems but
at the same time would evidence a dependent kind of adjustment to issues. This
would be consistent with a person who interpersonally who evidences restraint in
relationships and has over-acceptance of authority. Conflict can occur In people
who have different beliefs.
In essence, there is nothing In this personality profile to suggest that he could
not be competent to be an Invorved, loving and mature parent.
ISSUES & FINDINGS (Trudy Swaim):
Trudy Swaim presented herself as a 29 year old, separated, mother of two
children who was currently working as a marketing representative. She was
obviously distressed during this assessment. In our first contact, she was cr'(inq,
upset, openly expressed her fear as well as sense of helplessness. She said this
is my only hope and I don't trust anybody... this Is my baby...., She clearly
presented some fear at almost a paranoid level that she might lose her custodial
responsibilities for Kami. She presents Bill as .a professional liar" who essentially
Is out to strip Trudy of whatever she may have.
Trudy also presents the paternal grandmother as controlling. She stated
"Rosemary told Bill to get the child... she was not involved until I told Bill I was
leaving in February. HI96... she then directed Bill to get the child", Trudy
pr~sents herself as a full-tIme mom who returned to work in November, 1995.
She said .Bill told me I had to work". She also relates that she could not get
access to Kami in February of 1996 and was successful only by a court order that
same month. She describes Kami as being stressed as a result of the separation
from her. Trudy is concerned about additional loss of contact and her proper place
as Kami's mother.
Trudy's goal Is to be primary physical custodian of Kami and she will promote
"time with Bill on his days off work", Since separation, Trudy states her belief
that "Bill is more loving and attentive toward Kaml and I'm glad for that". She
stated that she would never deny access to Kami's parent (Bill) or grandparents
but then stated that she would "like to raise my daughter.., she needs
protection..... _ although there was no danger identified. She stated that the child
IS well cared for and there is no neglect on her part.
Trudy lives with Bill Rackley and states "I'll probably marry him". She
describes Bill as "a family person'. Currently, they live In a two bedroom ranch.
Trudy and Bill share one bedroom and the kids have bunk beds in the second
bedroom along with a crib. She indicated that they plan to .expose" the third
bedroom over the winter months.
Regarding her relationship with her former husband, she stated that she and
Tony never fouQht over time regarding Kylie. She then spontaneously added "Bill
will destroy me If he can't have me", Trudy expressed concern that Kami may be
stressed as a result of the parenting contlict citing that she was almost potty
trained, has regressed (undefined) and is stressed".
RE: LumaduH v' SWdlrn
February 3. 19'37
Pa<Jp, 6
Trudy doe'9 not believe lhdt joint parenting can work since she and Bill cannot
and do not communicate posItively. She would like to include Bill in Kami's life
and presents herselt as ortertnQ Bill additional time around Halloween.
It Is Trudy's belief that "since we both love her. why can't he put her (Kamil
firsl" suggesting that Bill is still obsessed with her (Trudy).
Background intormalion obtained tram Trudy indicates that she was born and
raised in the Central Pennsylvania area and has one sister ten years her junior. Her
mother became pregnanl al aoe 15. This resulted in Trudy having a lot of
responsibility With cleaninil lInd COOKing at a, very young age and essentially
becoming parentllilld. She began worklf1g for Bill's tamlly when she was 15 as a
bus person. It I1VdS during her adolesceilce that her father left the family and she
had a minimal relationship with hllll. She admits that he was "my hero... he was
everything I wanted to be when I grew lip". Trudy also admits that she did not
receive a lot of love from her natural mother - these experiences could certainly
have an impact on her ahility to parent her children. There is strong evidence of
parental neglect. This reflects that Trudy has not had appropriate modeling.
Trudy married in June of 1990 and that marriage eventually failed after two
years. As noted. the relationship between Trudy and her first husband regarding
Kylie Is described as being civil, open and cooperative. Trudy's background
experiences contribute to an underlying sense of insecurity and dependency in
relationships. Over the years, the history Indicates that she and Bill essentially
"grew up logether" and she tound comfort In her relationship with the Lumadues
historically. However, it was her experience that she could "never please Bill".
She said that they planned to be married three times and never did. She did
express at the time that she loved Bill and described him as "being my whole
world". She admitted marrying Tony Swaim on a rebound from her relationship
with Bill.
Trudy presents herself as being the primary caretaking parent. Essentially,
she indicates sharing in the responsibility regarding the care of Kami and including
all of the adults who love this child. She also indicates that no one complained
about her caretaking at Kami while everyone was relating positively. She agrees
Wilh Bill's description of his parents. Bill described his mother as "fun loving and
caring" and described his father as "direct and to the point". Since Bill and Trudy
are having their contlict, tha adults have become polarized - this will have some
imp,lct on Kami.
Trudy has B high level of Insecurity and anxiety about what weiQht the
Lumadue's preferences concerning custody and their opinions of Trudy Will have
and reques ted that I see other persons in order to shore up her presentation of her
position.
I found that Trudy's respons&s to the Child Management Questionnaire which
presents a num~er or hypothetical situations parents often times need to respond
to were appropriate.
RE: Lumadue v. Swaim
February 3. 1997
Page 7
Results of Trudy's MMPI-2 Indicates that her pattern of answers reflected a
person who was also denying common human frailties - as did Bill. The pattern
Indicates a presentation of herself In a favorable lI~ht. Emotionally, her scores
indicate an individual who, although verbally expressive, attempts to under-control
her true feelings and emotions.
Her profile is consistent with women who tend to reject traditional feminine
values. Such women are often described as tough and uninhibited. Her profile Is
also consistent with a person who Is seen as competitive, flighty. Immature and
opportunistic. Interpersonal Interactions usually reveal a high level of sensitivity.
Typically, she would be noted to be gregarious, outgoing and sociable.
Cognitively, people with her profile tend to be clear thinking. However, Trudy's
responses reflect her viewing the environment as unfair and unsupportive. She
tends to view the world as a threatening place, feels that she is getting a raw deal
from life and believes she may be misunderstood. The theme of others unfairly
blaming or punishing her as well as her underlying suspiciousness and
untrustworthiness of others is a major characteristic In this personality profile.
There are no clinical findings suggesting that she is unable to appropriate,
maturely and lovingly raise Kaml. She appears to compartmentalize her anxieties
regarding the Lumaaue's.
ISSUES & FINDINGS (Rosemary and William Lumadue):
William and Rosemary Lumadue, the paternal grandparents, eXp'ressed their
concerns about changes they have observed in Kam!. They desCribed Kami at
times being "smart-mouthed, arrogant, having tantrums, using dirty words,
showing Interest in her genitals and poor eatin~ patterns. For example, Kaml may
at times use her hands to shove food stuffs Into her mouth. She also allegedly
makes references about not wanting to be beat when her diaper is changed. They
believe that these negative behavioral responses are a result of either the parenting
by Trudy or other variables. They also express concern about Kaml's lack of
medical and dental attention given by Trudy. They cite, for example, that Kami
had 103 degree temperature, and swollen glands when dropped of by Trudy.
They also had an analysis done of the child's drinking cup and blanket and those
findings are included in the investigators report. They raise a question about
Kami's nose bein\l broken with the diagnosis ultimately being an acute sinus
infection. They Indicate having concerns about Trudy's parenting prior to
separation although these were not apparently shared with Trudy at the time.
They believe that Trudy does not give Kami appropriate dental care citing evidence
of plaque buildup - which was noted in the dental report I reviewed.
The Lumadues also raise their concern about the Impact Trudy's background
has on her ability to be an appropriate and affection parent as an adult. They
question Trudy's associates and believe that Trudy will place her own interest prior
t~ Kami's. My sense Is that there Is a 'love - Iiate' relationship existing at this
time.
RE: Lumadue '/, swaim
February 3. 1997
Page 8
The Lumadues also question Trudy's judgment and instinctS regarding
,1Ii1""" TII" b.I"" thol T<"dy ,,,IN do" 00' w.oI tho ,,,,oO'lbilll'/ 0' '""
time parenting and do not believe It would be in the child's best interest for her to
b. tho "iol'" "'"...,. Th" ,""N """,,,d Ih' d"'" '0 ""n" . with Bill
as the primary parent. intimately involved in Kami's upbringing. However, they
would support open unlimited visitation. TheY believe they are in a better position
to provide a basic daily rhythm, routine and schedule for the child.
FINDINGS ITony Swaim):
My interview with Tony swaim, TrudY's ex-husband essentially confirmed
what Trudy told me regarding their relatiOnship. Tony sayS Trudy "was scattered
fight after the breakup with Bill but has stabilized herself well". He developed that
theme. He likes the idea that he and Trudy decided on their own what the
,,,"liO' "hOd"" w,"ld .. '01 ,h.I' d,"gh"" H' d.."ib" · ,i"iI. .m,,,bl' "d
cooperatiVe relationship between himself and Trudy regarding Kylie. He believes
that Trudy does a good job being a mother. He also believes that Bill is a good
dad, His concern is that the bond between Kylie and Kami with the current week
to week schedule is toO long an absence.
FINDINGS (Bill Rackley):
Bill Rackley, Trudy'S boyfriend is a 27 year old laborer. He is a union member
and has moved up in seniority but essentially has kept the same job for the last
number of years. He has a four year old daughter Shelbie whom he sees 14 dayS
a month. He works a 12 hour modified swing shift. He relates meeting Trudy in
May of 1996 and describes the relationship as "awesome... I've never got along
with anybOdY so good". He and Trudy have been living together since July, 1996.
He describes Trudy as being responsiole financially as well as fulfilling her
caretaking responsibilities.
Bill Rackley said that he has never met Bill Lumadue and has no comment
regarding him. Clearly, he is supportive of Trudy and will be there for her
regardleSs of this custody outcome. He has no reported difficultieS being a
step-father saying '" understand it's a package deal".
Bill Rackley has some personal experiences with a blended family and
indicated "I understand what It'S all about". He is comfortable with the different
kinds of relationships within a family structure. From Bill's description, it's my
impression that he does not have a full understanding of the entire situation and
does not have any desire to get any further involved.
FINDINGS (Kamil:
Kami was seen on three different occasions. A Parent Child Observation was
held between Kami and Bill Lumadue on September 28. The interaction was
i"d9,d " b,lng ,"i1IV'. Ba,h K.m' "d h" 'oIh" ,,,m.d 'U"" "IOX.d "d
comfortable in each other's presence. Kami and her father played with a varietY of
-
RE: Lumadue v. Swaim
February 3, 1997
Page 9
toys and Kami displayed an appropriate level of activity and curiosity, Notable was
Kami's apparent ability to remain with a single activity for an extended period of
time. She was compliant and respectful, Her father provided frequent praise and
physical affection and on several occasions, Kam! was affectionate toward her
father.
A second observation Included Kaml, Trudy and Kam!'s older half-sister, Kylie.
Again, this interaction was judged to be pOSitive. Notable during this observation
was the imaginative kind of play the family engaged in, This kind of play seemed
to be a regular parent-child activity, Kami seemed relOlxed and comfortable in her
mother's presence and her behavior and activity level seemed appropriate, During
the majority of the observation, Trudy was observed to draw, color, and converse
with Kylie at a same table but was also able to appropriately Interact with Kami's
imaginative play providing frequent praise and positive feedback to her.
Approximately 15 minutes into the observation, Kami soiled herself.
Unfortunately, Trudy did not have any diapers in order to change Kami who
remained soiled during the remainder of the observation.
A third session was conducted with Kami on December 20 and this included
Bill and both paternal grandparents. On that occasion, It was reported that Kami
allegedly made several unusual sexually-related statements. The purpose of this
assessment was to ascertain if Kami had developed any recently-acquired
exposure or curiosity in sexually related themes. The findings indicate that there
were no sexually related themata emerging. There were no particular references
noted regarding any males which she perceived as interacting inappropriately with
her. The mechanism included dolls and a dollhouse and Kam! attributing names.
roles and relationships to the toy dollhouse and toy family figures.
FINDINGS (Dllycare):
As a follow up, I contacted Kami's daycare on January 2B, 1997. Kaml was
described as initially quiet when dropped off by her mother, sitting by herself with
no interaction, merely observing her peer group. The staff believes that Kami does
miss being with her half-sister who attends a program in another part of the
building. Ihey indicate that there Is no sexual Interest. content. themes or
exploration eVidenced by Kaml. They further indicate that Kami Is happy to see
her dad when he picks her up and that her reaction to her mother picking her up
may relate more to what kind of a day Kaml had, They Indicated that Bill shows a
more focussed interest on Kami's activities, projects and the like than does Trudy
and that Kami responds to Bill's special interest. The daycare staff did not express
any concern about Kami's continued adjustment, relationships or behaviors in
daycare.
RECOMMEDA TIONS:
Based on the findings. It is my recommendation that the current week to week
schedule be modified so that Kaml has more regular frequent contact with her
parents and grandparents, Specifically, I believe it to be in Kaml's best Interest to
be with her father when he is available. (specifically at this time) every Sunday and
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WILLIAM J. LUMAOUF., JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No.
96-912 Civil Term
TRUDY to. SWAT,M,
Defenqant
CIVIL ACTION - LAW
IN CUSTODY
R U L B
AND NOW,
this zhi clay of '^ f (: t
,
1997, upon
presentation and consicleration of the within Petition, a Rule
is hereby issued upon the Respondent, William J. Lumadue, Jr.,
to show cause why, if any, the request for a second custody
evaluation should not be granted.
Rule returnable :2. 0 days after service.
Service of this Rule and Peti tion may be made upon the
Attorney for the Respondent, William J. Lumadue, Jr.
BY THE COURT:
-1' UL.Pc/Jd"fr.
"
3. Attached hereto and marked Exhibit "A" is an order of
Court dated August 15, 1996 executed by your Honorable Court,
The Honorable J. Wesley aler, Jr., wherein the parties were
Ordered to undergo a custody evaluation by Dr. Stanley E.
Schneirter of Guidance Associates of Pennsylvania, Camp Hill,
Cumherland County, pennsylvania.
4. Said custody evaluation was completed, and a written report
was received by the attorney for your Petitioner and the
Respondent dated Fehruary 3, 1q97.
5. Your Petitioner, Trudy L. SwaIm, respectfully requests
your Honorable Court to permit a second custody evaluation,
a review of the evaluation performed by Or. Schneider.
6. Your Petitioner respectfully requests your Honorable Court
to permit Dr. Arnold T. Shienvold of Riegler, Shienvold and
Associates, to conduct the second evaluation.
7. Your Petitioner is willing to be responsible for the
payment of the cost of said second evaluation.
B. A request was made of the Respondent to willingly cooperate
in a second evaluation; however, the Respondent, William J.
Lumadue, Jr" refused this request.
-2-
WHEREFOR~, your Petitioner, Trurty L. Swalm, prays your
Honorable Court to Order that a second custody evaluation be
conductert by Dr. Arnold T. Shienvolrl, and further, to Order
the Respondent to cooperate with the office of Dr. Shienvold
for these purposes, all costs to be paid by the Petitioner,
Trudy to. Swalm.
Respectfully submitted,
DILS I RUPICH
"
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BY: lLVita ,b
hur K. Dfs, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 07056
-3-
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WILLIAM J. LUMADUE, JR.,
PlaintUf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
96-912 CIVIL TERM
v.
TRUDY L. SWALM,
Defendant
ORDER OF COURT
AND NOW, this 15th day of August., 1996, upon
consideration ot Plaintiff's complaint for custody in the
above-captioned matter, and pursuant to an agreement of both
counsel who are present in chambers for the dictation of this
order (P. Richard Wagner, Esquire, on behalf of the plaintiff
and Arthur K. Dils, Esquire, on behalf of the Defendant),
adjudication o~ this custody matter is deferred generally
pending a custody evaluation by stanley E. Schneider of Guidance
Associates in Camp Hill, Cumberland county, Pennsylvania. The
expenses for Dr. Schneider's evaluation shall be paid to the
extent of $800.00 by the Court, and the balance of said expsnseB
shall be the responsibility of Plaintiff, the father. Nothing
herein shall obligate the Court to pay more than the sum of
$800.00, and Dr. Schneider is requested to satisfy himself that
he will be paid the balance of any sums due for the evaluation
before undertaking it.
Pending further Order of Court, the custody
a~rangement provided for in the Court's temporary order of
February 27, 1996, shall remain in full force and effect.
Exhibit "An
\
YDIPICA7IOII
I verity that the .tottement. ..ade i.l thi. Petition for Second
Psychological Evaluation are true and oo:rr,. ;t.
I unde] ,tand that tal.e .tatementa herein are made .Ubj6Ct to
the I IdUe. ot 18 h.C.s. SH04 nlaUnq to un.~ 'rn
falaif ~tion to authoritie..
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Dated April 15, 1997
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WILLIAM J. LUMADUI, JR.. I IN THE COURT OF COMMON 'LIAS
I ctnIBDLAHD COUNTY, PINNSYLVANIA
PlalntUft , I
I NO. 96-913
v. I
CIVIL ACTION - LAW
TRUDY L. SWAIM, :
I IN CUSTODY
Defendant.
lIQ/rICB '1'0 .t,.wan
TO: Arthur X. Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
You are hereby notified to plead to the within document
within twenty (20) days after service hereof, or a default
judgment may be entered against you.
Respectfully Bub~itted,
IlUCltB, n
, Baa'.BY , TULLY
-;
P. Richard Wagner, EBquire
I.D. #23103
2233 North Front street
Harrisburg, PA 17110
(717) 234-7051
Attorney for Plaintiff
DATE:
;; /7/17
I f
WILLIAM J. LUlUD9, n.,
,lebtUf
III T1III COO1l'l' or COIGCO. PLUS
CUIG..LAIID COtnn'Y, ....SYLVUfIA
CIVIL ACTIOJl' - LAW
NO. 9'-913 CIVIL T.RN
1M CUSTODY
v.
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TRt7DY L. SWALM,
Def.ndant
ANSW1Ul
MOW comes the Respondent and files the following answer to the
petition for psVchological evaluation:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part and denied in part. It iB admitted the
petitioner requestB a Becond evaluation, however, it is expressly
denied that any second custody evaluation is necesBary in that Dr.
Schneider did a full complete analysis and evaluation of this
custody matter.
6. Admitted in part and denied in part. It is admitted that
a request is being made by the Petitioner, however, it iB expressly
denied by the Respondent herein that a Becond evaluation is
necessary.
7. Admitted.
8. Admitted,
WBBRlI'ORl, Respondent prays the Court to dismiss the request
for a second evaluation.
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9. Paragraphs 1 through 8 are incorporated herein and made
a part hereof by reference.
10. The parties expressly agreed to undergo a full custody
evaluation with Or. Schneider.
11. Dr. Schneider did extensive work in evaluation and
testing in order to perform the significant report that was
prepared by him in this matter.
12. The petitioner herein frankly does not like the result of
the evaluation and therefore iB requesting a second evaluation for
reasons that lack justification, reasonablenesB or necessity.
13. Petitioner's request for a second evaluation is designed
to delay, frustrate and/or inhibit the matter from going forward to
conclusion.
14. Respondent believes the second evaluation is unnecessary
and inappropriate, and that this matter Bhould be scheduled for
hearing before the Court.
WHBRBI'ORB, Respondent herein requests that the petition be
dismissed and the matter listed for cUBtody hearing.
Respectfully Submitted,
MANCKE, WAGNER. HERSHEY, & TULLY
Date:
5/'1 J'll
I !
,/
r Wagner, Esqu re
2233 North Front Street
HarriBburg, PA 17110
(717) 234-7051
Supreme Court I.D. #23103
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YDII'IC&'1'IOII
I verify that the statements made in the foregoing
document are true and correct. 1 understand that talse
statements herein are made subject to the penal tie. of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authoritie..
DATE:
~/ /~0/97
/ / /
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CERTIFICATE OF SERVICE
1, Debra X. Spinner, Secretary in the law fira of
MANCKE, WAGNER, HERSHEY, , TULLY, do hereby certify that 1 am
this day serving a copy of the toregoing document to the
following person and in the manner indicated below, which service
satisfies the requirements of the PennBylvania Rules of Civil
Procedure, by depoBitinq the same in the United States Mail,
Harrisburg, PennBylvania, with first class postage, prepaid, and
addressed as follows:
t
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,
,
I
I
Arthur K. DilB, Esquire
1017 North front street
Harrtsburg, PA 17110
I:
,
By M~,,- ,-<:A ~
Debra K. s~inne~, Secretary
MANCKE, WAGNER, HERSHEY' TULLY
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for plaintiff
DATE: 5/1 /0/1
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WILLIAM J. LUMADUE. JR..
Plainti IT
IN THE COURT Of COMMON PLEAS
CUMBERLAND COUNTY. PENNS YL VANIA
Vs.
No. 96.912
TRUDY L. SW ALM.
Defendanl
CIVIL ACTION. LAW
IN CUSTODY
t?C+Obt'f l.
AND NOW. this J f~ day of May. 1997. comes the Defendant, Trudy L.
Swaim. by her Attorney. Arthur K. Oils. Esquire. and respectfully replies as follows:
10. Paragraph Ten (10) is admitted. It is admitted that the parties agreed to undergo
a full custody evaluation; however, it is denied that the Defendant. Trudy L. Swaim,
agreed to undergo said evaluation with Dr. Schneider. To the contrary. it was averred
that the evaluator suggested by Trudy L. Swaim was Dr. Arnold T. Shienvold.
II. Proof is demanded for the allegations contained in Paragraph Eleven (II) as said
allegations are within the exclusive knowledge and control of the Plaintiff, WiUiam J.
..
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Lumadue. Jr.. and the Defendant. Trudy L. Swaim, is without knowledge of the same.
12. In reply to Paragraph Twelve (12), it is admitted that your Petitioner, the
Defendant, Trudy L. SwaIm. is not in agreement with the results of the evaluation
performed by Dr. Schneider; however, it is denied that the request for a second
evaluation lacks justification, reasonableness or necessity, in that it is specifically
averred that Dr. Schneider, the evaluator, is an acquaintance of the parents of the
Respondent, the Plaintiff, William J. Lumadue. Jr.
13. Paragraph Thirteen (13) is denied. It is denied that your Petitioner's request for
a second evaluation is an attempt to delay. frustrate and/or inhibit the matter from
going forward to conclusion; to the contrary, it is averred that your Petitioner, Trudy
L. Swaim's request for a second custody evaluation, is designed for the purpose of
having an independent evaluation performed.
14. Proof is demanded for the allegations contained in Paragraph Fourteen (14) as
said allegations are within the exclusive knowledge and control of the Respondent,
William J. Lumadue. Jr.. and your Petitioner, Trudy L. Swaim, is without knowledge
of the same.
-2-
WHEREFORE, your Petitioner, Trudy L. Swaim, prays your Honorable Court
to grant her Petition and to Order that a second custody evaluation be pcrformell by Dr.
Arnold T. Shienvold.
Respectfully submitted,
BY:
Arthur K. Oils, Esquire
10 17 North Front Street
Harrisburg. PA 17102
(717) 232-9724
I.D. No, 07056
.3-
I verify that the statements made in this REPL Y TO NEW MAHER
are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. e.s.
Section 4904 relating to unsworn falsification to authorities.
ci~ ~&UJ;t^--
TRUDY L. SWALM
Date: OCTOBER 16, 1997
"
, -'--_._-~.............""".
..--....-
.
WILLIAM J. LUMADUE, JR.,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V5.
No. 96.912
,
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TRUDY L. SWALM.,
Defendant
CIVIL ACTION. LAW
IN CUSTODY
I, Arthur K. Oils, Esquire, hereby certify that a true and correct copy of the
within Reply to New Matter, has been served upon the following individual by first
class, United States mail, postage prepaid, by depositing a copy of same at the post
office in Harrisburg, Pennsylvania on the A-dayof () !..>lrthi;t.J, 1997,
addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, P A 17110
Respectfully submitted,
:ul!/JL
Arthur K. Oils, Esquire
1017 North Front Street
Harrisburg, P A 17102
(717) 232-9724
I.D. No. 07056
BY:
.11..' ,
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Date: May I ,1997
WILLIAM J. LUMADUE, JR.,
plaintiff
v.
TRUDY L. SWALM,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERI.ANDCOUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-09l2 CIVIL TERM
ORDER OF COURT
1,1~day of July, 1997, upon consideration of
P. Richard Wagner, Esq.
2233 North Front street
Harrisburg, PA l7ll0
Attorney for Plaintiff
Arthur K. Dils, Esq.
lOl South Second Street
Suite Ll, Executive House
Harrisburg, PA l7l0l
Attorney for Defendant
Irc
the attached 19tter from P. Richard Wagner, Esq., attorney for
plaintiff, a hearing is SCHEDULED for Friday, October 31, 1997, at
ll30 p.m., in Courtroom No.5, Cumberland County Courthouse,
Carlisle, pennsylvania.
AIID NOW, thlB
BY THE COURT,
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MANCKE. WAGNER. HERSHEY a. TULLY
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PRICHARD WAGNI"
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17110
A"Il'" CODE 11)1
0I34-70!t1
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July 9, 1997
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Court Administrator's Office
Cumberland County CourthouBe
One Courthou&e Square
CarliBle, PA 17013
J
Re: Lumadue v. Swalm
No. 96-912
Dear Sir or Madam:
The above-captioned matter had originally scheduled for
February of 1996 for a custody hearing. At that time, the
parties agreed to postpone the hearing in order to attend
counseling for purposes of a custody evaluation.
That evaluation has long Bince been prepared by Dr.
Schneider. It would be appreciated if this matter would proceed
forward. Accordingly, I have taken the liberty of enclosing a
proposed Order for execution to establish a date for a custody
hearing. Judge Oler had been assigned originally to thiB matter.
Your attention is appreciated.
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PRW/dks
Sincerely,
.I
P. Rt9~.::. Wagner
/
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Enclosure
cc: Arthur X. DilB, Esq.
Mr. William Lumadue
WILLIAM J. LU~~DUE, JR.,
Plaintiff
IH fJ.'h~ C.:)LJ~,,'.1.' G&' Cu,'u'lud t'l.c.;:--.~ U.I.:'
CUI'IBERLnIW COuI'i):Y I li't::lIl1$~J..Vn"lh
v.
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CIVIL he'l'IOll - 1.....1
.
.
TRUDY L. SWALI-l,
Defendant
llO. !:IO-O::'Il2 ClVrL '1'.,;".'1
AND NOW,
ORDER OF CGUi,'l'
thisz.3,Jday of Octob"'J:", l!:l~7,
Ui,:iCq.", \:uj,'.oI..i.Oc;:.~Q.l:.i":'h vI
the attached letter froln ArthuJ:" K. Oil,;, t:.;'l', ",cco.:....y Iu':
Defendant, a RULE is hereby issued u~on t:hu l!l..il.ciIt Cu ,,1..:../ .::."."..
why the relief requested should not: be granc..ct.
RULE RETURNABLE within 5 days of sd.:viG...
BY THE COUi~'r I
P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaint:iff
Arthur K. Oils, Esq.
1017 North Front Street
Harrisburg, PA 17102
Attorney for Defendant
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ATTORNEYS AT LAW
1017 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102
PHONE: (717) 2J3.lI743
FAX: (717) 233-~7
ARTHUR K. OILS
DIANE M RUPICH
.
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October 17. 1997
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The Honorable J. Wesley Oler, Jr.
Cumberland County Court House
One Court House Square
Carlisle, Pa. 17013
.
RE: William J. Lumadue, Jr. v. Trudy L. Swaim
No. 96-912
Custody
Dear Judge Oler:
A custody hearing is scheduled before your Honorable Court in the above captioned
aclion for October 31, 1997 at 1:30 p.m. I represent Trudy Swaim and Attorney P.
Richard Wagner represents Mr. Lumadue.
There is an outstanding Petition for a Second Custody Evaluation which was filed on
behalf of Ms. SwaIm wherein a Rule was issued on April 21 , 1997. Mr. Wagner filed
an Answer with New Matter to the Rule on May 7, 1997. and the Reply to New Matter
has been filed lhis date.
Pursuant to P.R.C.P. 206.7(c). it is respectfully requested that we be permitted to
depose the Plaintiff, Mr. Lumadue, and that the custody hearing be continued, Imtil
your Honorable Court renders a decision on the Petition for a Second Custody
Evaluation.
OCT 2 0 1997
-2.
It is respectfully suggested that the custody evaluation performed by Dr. Schneider is
stale in thai it is at least ten (10) months old, and that a second, more recent, evaluation
would be more beneficial to your Honorable Court in deciding the custody issue.
Enclosed is a proposed Order of Court. Thank you for your attention to this matter.
Vlll'iiruly ypurs,
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V~ur K. Oils
AKD
CC: P. Richard Wagner, Esquire
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WILLIAM J. LUMADUE, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY,
PENNSYLVANIA
NO. 96.912
Vs.
TRUDY L. SW ALM,
Defendant
CIVIL ACTION-LAW
ORDER Of' COLJRT
AND NOW, this
,
Day ofOclober, 1997, upon request of
the Attorney for the Defendant, Trudy L. Swalm, it is hereby Ordered that the custody
hearing scheduled for October 31,1997 at I :30 p.m. in the above captioned matter is
continued until a decision is reached on the outstanding Petition for a Second Custody
Evaluation.
It is further Ordered that the Attorney for the Defendant shall proceed
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with depositions in connection with P.R.C.P. 206.7(c).
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BY THE COURT:
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WILLIAM J. LUMADUE, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANI~
vs.
No.
96-912 Civil Term
TRUDY L. SWALM,
Dafendant
CIVIL ACTION - LAW
CUSTODY
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PRAECIPE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant,
Trudy L. Swa1m, in connection with the above captioned custody
matter.
i)
Respectfully submitted,
B,,-t;tl/j~;#t-
ur K. DUs, Esquire
101 South Second street
Executive House, Ste. L1
Harrisburg, PA 17101
(717) 232-9724
I.D. No. 07056
Dated:
February 29, 1996
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WILLIU J. LVDDUB, .n.,
.eUUoller
I. TRB COmlT O. COKKO. .LaaB
CUIOtU't..JID couny, ....8YLVUIA
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CIVIL ACTIOII - CUSTODY
OaD!R
AND NOW, upon consideration of the attached Petition, it is
hereby directed tha,t the par,ties and their respective counsel
appear before lit nt','j (, I II, \ ' Esquire, the
conclliato~ on the :'j'in<l day of f'r, ,,,; , ' 1996,1 a~
V- ~) --'HM., in CL:rr,h (I (+ 1'1'\.',< I "j+1- q. t'chb K,"'n
, Cumberland county, Pennsylvania, for a pre-
hearing custody conference. At such conference, an effort will be
made to resolve the issues in dispute; or it this cannot be
accomplished, to define and narrow the is suss 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 the entry of a temporary
or permanent Order.
rding fu~ther order ~court' both paryEi s are di~!ed not
to r ve the c !d, Kamy . Lumadue, from e jurisdi on of
CUmb rland Count .
For the Court,
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By:
tJ"lw.-t)( }t},:tt rT
custody Conciliat r'
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YOU SHOULD TUB HIS .un '1'0 YOtlll LAnD AT OileR. II' YOU DO
110'1' BAn A LAnD OR CAIDIOT UJ'ORD 011., GO '1'0 OR '1'n.PRon UB
OJ'J'IC. SBT J'ORTR anow '1'0 J'IIID OUT nDB YOU CAlI GBT LEGAL Hnl'.
Office of the Court Administrator
Fourth Floor
CUmberland County Court House
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
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WILLIAM J. LUJlADU., n., I I. TB. COURT O. COKKOII VLBAS
'.UUoner I CUMBIJlLIIJII) COIDITY, '1IOlSYLVUIA
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TRUDY L. SWAIJl, I
a..pond.nt I CIVIL ACTIOII - CUSTODY
PITITIOII .oa CUSTODY
IIOW comes the Petitioner, by his attorneys, and files the
following petition for custody, as follows:
1. Your Petitioner, William J. Lumadue, Jr., is an adult
individual residing at 6990 wertzville Road, Enola, Cumberland
County, Pennsylvania.
2. The Respondent, Trudy L. Swalm, is an adult individual
rasiding at 6990 Wertzville Road, Enola, CUmberland County,
Pennsylvania.
3. Petitioner and Respondent are the natural parents of Kamy
Rose Lumadue, born April 1, 1994.
4. The child has resided with the Petitioner and Respondent
hers in since birth, up until the present time.
5. Petitioner is the natural father of Kamy Rose.
6. Respondent is the natural mother of Kamy Rose.
7. Kamy Rose Lumadue was born outside of wedlock.
8. There is no matter pending before this court or any other
court regarding the custody and/or partial custody rights
concerning Kamy Rose Lumadue.
9. Petitioner has been advised by the Respondent, that the
Respondent intends to leave to go to places unknown to Petitioner
-
herein, and has indicated that ahe will take Kamy Rose Lumadue with
her.
10. Recently, the Petitioner discovered correspondence from
a party in the state of Ohio, which indicates to the petitioner
that the Respondent may be leaving the jurisdiction of Cumberland
county and the COlDlDonwea1th of Pennsylvania and going to Ohio,
along with Kamy Rose.
11. Petitioner has confronted the Respondent concerning the
intent of the Respondent to leave and to ascertain the location to
which Respondent is relocating, but Respondent refuses to tell the
Petitioner where she is going.
12. Petitioner believes and therefore avers that the
Respondent intends to leave the jurisdiction of Cumberland County
and the jurisdiction of the COlDlDonwealth of Pennsylvania and to
take Kamy Rose Lumadue and otherwise secrete her and keep her from
the Petitioner at places unknown to the Petitioner.
13. Petitioner believes that an emergency exists for which
the Court needs to entsr an order directing that the Respondent not
leave the jurisdiction of Cumberland county, along with Kamy Rose
Lumadue.
14. Petitioner believes and therefore avers that it is in the
best interest of Kamy Rose Lumadue to grant primary physical
custody of the child unto the Petitioner herein, with partial
custody rights in ths Respondent herein.
D...I'O.., the Petitioner prays this Court to grant his
request tor primary physical custody ot Kamy Rose Lumadue and
otherwise direct that the Respondent be prohibited trom removing
the child from the jurisdiction ot Cumberland County pending
turther order ot court.
Respecttully Submitted,
MANCKE, WAGNER, HERSHEY , TULLY
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I verify that the atatements made in the foregoing
document are true and correct. I understand that fa1a.
atat.menta herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn
,
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DATE: r2 /~ /9~
/ /
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WILLIAM J. LU~~DUE, JR.,
Plaintiff
IN THE COUR1' OF CONI'IOlI PLEAS OF
CUI'lBERLAIIO COliW!'Y, PENNSYLVANIA
v.
:
J
:
CIVIL ACTION - LAII
TRUDY L. SWALM,
Defendant
.
.
NO. 96-0912 CIVIL TERM
AND NOW, this
ORDER OF COUR1'
~0'[ day of October, 1997, upon consideration of
Defendant's Petition for Second Psychological Evaluation,
Plaintiff's Answer with New Matter, and Defendant's Reply to New
Matter, and of Defendant's request that the hearing scheduled for
October 31, 1997, on Plaintiff's custody complaint be continued,
and following a telephone conference held on October 28, 1997, with
Plaintiff's counsel, P. Richard ~lagner, Esq., and Defendant's
counsel, Arthur K. Oils, Esq., it is ordered and directed as
follows:
1. The
Defendant's
Petition
for
Second
psychological Evaluation is denied, wit:hout prejudice to
Defendant's right to secure such expert evaluations as
she deems appropriate without Plaintiff' s compulsory
participation; and
2. Pursuant to an agreement of counsel, the hearing
scheduled for October 31, 1997, is RESCHEDULED to Friday,
February 27, 1998, at 1:30 p.IlI., in Courtroom No.5,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
/}
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3.'. lfasley 01e0. IJr., J.
f .: -..
,
....AI
WILLIAM J. LU~DUE, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
TRUDY L. SWALM,
Defendant
I
I
NO. 96-0912 CIVIL TERM
AND NOW,
~ ORDER OF COURT
this \ ~ day of February,
1998, upon consider~tion
of Defendant's Motion for Continuance, and upon objection of
Richard P. Wagner, Esq., attorney for Plaintiff, to the motion for
continuance, and the Court having offered alternate dates to Mr.
oils' witness, and thoss date not being acceptable to the witness,
the motion is DENIED.
BY THE COURT,
J.
"
P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
~......, ~:~..J..., .:l./I'lfc.u.
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Arthur K. Dils, Esq.
1017 North Front Street
Harrisburg, PA 17102
Attorney for Defendant
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WILLIAM J. LUMADUE, JR.,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 96-0912
TRUDY L. SW ALM,
Defendant
CIVlL ACTION - LAW
ORnER OF COURl:
AND NOW, this
Day of February, 1998, upon presentation
and cllnsideration of the within Motion for Continuance, it is hereby Ordered that the
custody hearing scheduled for February 27, 1998 at I :30 p.m. is continued and shall
be held on
, the
day of
.M. In
Courtroom No.
of the Cumberland County Court House, One Court House
Square. Carlisle, Pennsylvania 17013.
A copy of this Order shaU be served upon the Attorney for the Plaintiff.
BY THE COURT:
The Honorable J. Wesley OJer, Jr.
""':2<,.t ' .
.
WILLIAM J. LUMADUE, JR.,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 96-0912
TRUDY L. SWALM,
Defendant
CIVIL ACTION - LAW
l\IQTJOlS FOR CONTINUANCE
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AND NOW. this 3rd day of February. 1997, comes Arthur K.Dils,
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Esquire, the attorney for the Defendant. Trudy L. Swaim, and respectfully requests the
following:
I. A hearing in the above captioned custody action is scheduled for February 27,
1998 at I :30 p.m. before The Honorable J. Wesley Oler, Jr.
2. The Defendant's expert witness, Dr. Pauline B. Wallin, is unavailable on February
27, 1998 at I :30 p.m., as she will be outside of the Commonwealth of Pennsylvania
from February 26, 1998 through March 2, 1998.
3. The Plaintiff, William J. l.umadue, Jr., by his attorn~y, P. Richard Wagner,
Esquire, has opposed a request 10 continue the custody hearing scheduled for February
27, 1998.
4 The Plaintiff's expert witness, Dr. StanJey Schneider, apparently is available on
February 27, 1998 and will be appearing at the custody hearing.
5. An injustice will result if the custody hearing proceeds without the expert witness
of the Defendant, Trudy L. Swaim.
~i
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WHEREFORE, the Defendant, Trudy L. Swaim, by her attorney, Arthur
K. Dils, Esquire, prays your Honorable Court to grant a continuance of the hearing
scheduled for February 27, 1998, so that the Defendant's expert witness may appear
at the custody hearing.
RespectfuI1y submitted,
BY:
..
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( /l (/ill ~ J:J
Arthur K. Oils, Esquire
(717) 232-9724
.--..1'-
. acE-
I, Arthur K. Dils, Esquire. hereby certity that a true and correct copy of the
wiritin Motion for Continuance, has been served upon the following individual by frrst
class, United States mail, postage prepaid, by depositing a copy of same at the post
office in Harrisburg, Pennsylvania on the 4'b day of febrmu:y ,1998,
addressed as follows:
.
P. Richard Wagner, E51luire
2233 North Front Street
Harrisburg, Pa. , 1110
RespecJfully submitted,
BY' attij(~~
Arthur K. Oils, Esquire
10 17 North Front Street
Harrisburg, P A 17102
(7 t 7) 232-9724
1.0. No. 07056
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Date: February 4, 1998
--#0
WILLIAM J. LUMADUE,
plaintift
I IN THE COURT OP COMMON PLEAS or
I CUMBERLAND COUNTY, PENNSYLVANIA
v.
TRUDY L. SWA.tH,
Detendant
96-0912 CIVIL TERM
IN REI PLAINTIFF'S COMPLAINT FOR CUSTODY
1
ORDER OF COURT
AND NOW, this 27th day ot February, 1998,
upon consideration of p1aintitf's complaint for custody in the
above-captioned matter with respect to the parties' child Rami
Rose Lumadue (date of birth April 1, 1994), and following a
hearing, the terms of the Order of Court dated February 27,
1996, are continued in full force and effect.
Nothing herein is intended to represent a
determination by the Court as to the appropriate custody
arrangement at such time as circumstances, including the
imminency of the child's commencement of school, may change.
By the court,
P. RiChard Wagner, Esquire
For the plaintift
MANC~E, WAGNER, HERSHEY , TULLY
2233 North Front Street
Harrisburg, PA 17110
Arthur K. Oils, Esquire
For the Defendant
DIXON Ii OILS
101 South Second Street
Harrisburg, PA 17101
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IN THE COURT OF COMMON PLEAS PF
CUMBERLAND COUNTY, PENNSYLVANIA
PlaintitT
v.
CIVIL ACTION - LA W
TRUDY L. SW ALM,
Defendant
NO. 96-0912 CIVIL TERM
AND NOW, this
ORDER OF COURT
l { tLday of August, 1999, upon consideration of
Plainti tl' s
petition for modification of custody with respect to the parties' child. Kami Rose
Lumadue (d.o.b. April I, 1994). and following a hearing, it is ordered and directed as
follows:
1. Legal custody of the child shall be shared by the parties.
2. Phy~ical custody of the child shall be shared by the parties on
an alternating week basis, from Saturday at 10:00 a.m. until Saturday
at 10:00 a.m.
3. The child shall attend kindergarten at the Montessori school
proposed by Plaintiff father. Transportation of the child with respect
to school shall be the responsibility of the party having custody at
the time. (')
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2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintitl.
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PI.lintitl:Petit loner,
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!'.(J lJO-()<J12
CIViL ACTION. LAW
TRLOY L SWALM.
. IN CUSTODY
DellmdantJRespondenl
ORDER
AND NOW, this__day ot'__________, 2001, upon Petition of
William J. Lumadue, Jr., a Rule is issued against the Respondent, Trudy L. Swaim,
to show caLise why, ifany, she should not bt: hdrl in contempt ofcourt~.1the relief
requested should not be granted.
RULE RETURNABLE the__day of
,2001, at__
o'clock __.,01. in Courtroom No,_____ofthe Cumberland County Courthouse,
One Courthouse Square, Carlisle, Cumberland County, Pennsylvania.
BY THE COURT:
J.
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;
4. Petitioner herein retained Dr. Stanley Schneider who has been involved in
the custody evaluation in this case from its inception to do a cllstody evaluation
because of the Petition for Custody tiled by the Respondent herein.
5. Dr. Schneider has arranged times to meet with the various parties,
including the child, however, the Respondent has refused to participate in those
evaluations.
6. Petitioner believes and therefore avers that the Respondent is in violation
of the Order of Court of November 7, 2000.
7. Petitioner has incurred legal fees in the amount of$500.00 in the
preparation and tiling of this Petition.
8. Petitioner requests this Court to determine that the Respondent is in
violation of the Court Order, impose such sanctions as the Court deems appropriate,
including reimbursement for costs incurred in legal fees and fees of the professional
to testify at the hearing contained herein.
-2-
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WHEREFORE, Petitioner herein prays tltis Court to grant the relief as
requested.
Respectfully submitted,
Mancke, Wagner, Hershey & Tully
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By .
P.Ri Wagner, Esquire
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v.f.O. #23103
2233 North Front Street
Harrisburg, P A 17110
(717) 234.7051
Attorneys for Petitioner
Date: ..t,//!::j() I
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V1llR.III'IC1TION
I 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.
section 4904, relating to unsworn falsification to authorities.
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TRLDY L. S\'':'''LM,
Plainti IT
['i rilE COCR r OF r:U~f\ION Pl.EAS OF
CU\lBERLAND COt 'NTY. PENNS YI.VAl'iIA
v
CIVIL ACTION. LAW
WILLIAM J. LU~lADUE, JR.,
Defendant
NO. 96.0912 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this ..!l+h day of November. 2000, upor: consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. I of the Cumberland COWlty Courthouse
on the ~ day of "J/h\ltf\t:.U ' 2004 at
,: 30 _ ~_.M. at which time testimony wi.Il be taken in the above case. At
this hearing, the Mother shall be the moving party and shall proceed initially with
testimony. Counsel for the parties shall file with the Court and opposing counsel a
memorandum setting forth the history of custody in this case, the issues currently
before the court, a list of witnesses who will be called to testilY and a summary of
the anticipated testimony of each witness. 1lUs memorandum shall be filed at least
five (5) days prior to the mentioned hearing date.
2. Either party may retain an expert to perfonn a further custody evaluation or any
other type of testing the parties may desire. Both parties are directed to participate in
any evaluation arranged by the other party on the condition that the other party is
incurring all of the expense in connection with that evaluation. Both parties shall
disclose to the other parent and/or their attorney any individuals who are involved in
providing evaluations or counseling for the child and this Order hereby authorizes
and directs any professional who is involved in providing evaluation or counsel for
the child to share infonnation with respect to those evaJUl'.tionlcoWlSeling with both
parents.
3. Pending further order of this Court, this Court's prior Order on shared custody shall
remain in place.
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Osmer S. Deming, Esquire
Richard P. Wagner, Esquire
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WILLIAM J LUMADUE, Jr.
. IN THE COURT OF C01'w~fON Pl.EAS
. CUMBERLAND COUNTY, PENNSYl.. V ANfA
Plaintitli'Petilioner.
v
. ~O 96-0912
. CIVIL ACTION - LAW
TRLDY L. SWALM,
. IN CUSTODY
Defendant/Respondent
ORDER
AND NOW, this
day of
,2001, upon Petition of
William 1. Lumadue, Jr., a Rule is issued against the Respondent, Trudy L. SwaIm,
to ,how cause why, if any, she should not be held in contempt of court and the relief
requested should not be granted.
RULE RETURNABLE the
_day of
,2001, at
o'dock
.m. in Courtroom No.
of the Cumberland COlmty Courthouse,
One Courthouse Square, Carlisle, Cumberland County, Pennsylvania.
BY THE COURT:
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W[LLlAM J. LUMADUE. JR.,
PlaintitT
[N H[E COlJRT OF COMMON PI.EAS OF
CUMBERLAND COUNTY. PENNSYL V AN[A
v.
('[VIL ACT [ON .. LA W
TRUDY 1.. SWALM,
Defendant
NO. 96-0912 CIVIL TERM
ORDER OF COURT
AND NOW, this 27'h day of April, 2001. due to a medical emergency in Plaintiff's
attorney's family, the hearing previously scheduled in this matter for April 26, 2001, is
rescheduled to Monday, July 30, 2001, at 9:30 a.m.. in Courtroom No. I, Cumberland
County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Paul R. Orr, Esq.
50 East High Street
Carlis[e. PA [7013
Attorney for Defendant
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P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
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WILLIAM J. LUMADUE, JR.,
Plaintiff
IN THE COURT O~ COMMON PLEAS CF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
TRUOY L. SWALM,
Defendant
No. 96-0912 CIVIL TERM
ORDER OF COURT
AND NOW, this 30th day of July, 2001, upon
consideration of Defendant's Petition for Modification of
Custody with respect to the parties' child, Kami Rose
Lumadue (date of birth, April 1, 1994), and following a
hearing, the record is declared closed, and the matter is
taken under advisement.
By the Court,
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P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
For the Plaintiff
Paul B. Orr, Esquire
50 East High Street
Carlisle, PA 17013
For the Defendant
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WILLr~ J. LUMADUE, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
TRUDY L. SWALM,
Defendant
No. 96-0912 CIVIL TERM
IN RE: PETITION FOR MODIFICATION OF CUSTODY
BEFORE OLER. J.
ORDER OF COURT
AND NOW, this 1st day of August, 2001, upon
consideration of Defendant's petition for Modification of
Custody with respect to the parties' child, Kami Rose
Lumadue (date of birth, April 1, 1994), and following a
hearing held on July 30, 2001, Defendant's petition is
denied.
By the Court,
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
For the Plaintiff
Paul B. Orr, Esquire
50 East High Street
Carlisle, PA 17013
For. the Defendant
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WIUIAM J. l.UMADUE, :
JR.,
IN nlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
PlaintHI
v.
ClVll. ACTION - LA W
TRUDY L. SWALM,
Defendanl
NO. 96-0912 CIVlf.. TERM
I
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ORDER OF COUIU
AND NOW, this lIth day of January, 200 I, upon consideration of lb., attached
leller from P. Richard Wagner, Esq., (allomey tor Plainlift) and Paul B. On, Esq.,
(allorney for Defendllnt) the hearing previously scheduled for January 12, 2001, is
continued 10 Monday, March 26. 2001, al 9:30 a.m., in Courtroom No. I, Cumberland
Counly Courthouse, Carlisle, Permsylvania.
BY THE COURT,
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P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17111}
Attorney for Plaintiff
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Paul B. Orr, Esq.
50 East High Street
Carlisle, PA 17013
AltOOley tor Defendant
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WilHAM J. LUMADUE. JR.,
Plaintiff
IN nlE COURT OF COMMON PLEAS OF
CUMBER1.AND COUNTY, PENNSYL VANIA
CWIL ACTION - LA W
v.
TRUDY L. SWALM,
Defendant
Nn 96-0912 CIVIL TERJvI
ORDER OF COllRT
AND NOW, this}5111 day of March, 2001, upon agreement ot'li:ounsel, the hearing
previously scheduled in this matter fOF March 26,2001, is rescheduled to. Thursday. April
26, 2001, at 1:30 p.m., in Courtroom NG. I. Cumberland County Courthouse, Carlisle.
Pennsylvania.
BY THE COURT,
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P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
Paul B. Orr. Esq.
50 East High Street
Carlisle, PA 170n
Attorney for Defendant
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WILLIAM J. LUMADUE, Jr.
. IN THE COL'RT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
Plainti fti'Petitioner.
v
. NO. 96-0912
. CIVIL ACTION. LAW
TRUDY L SWALM,
. IN CUSTODY
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PETITION
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AND NOW, comes your Petitioner, William J. Lumadue, Jr., by and th!'Ough:
his attomeys, Mancke, Wagner, Hershey & Tully, and files the following Petition;
I. Your Petitioner, William J. Lumadue, Jr., is the PlaintitTin the above-
captioned matter.
2. The Respondent, Trudy L. Swaim, is the Defendant in the above-
captioned matter.
3. On or about November 7, 2000, the Court of Common Pleas of
Cumberland County entered an Order, a copy of which is attached hereto,
incorporated herein by reference and marked as Exhibit A, requiring that if either
party desires a custody evaluation, that both parties are directed to participate in any
t:valu,lIion.
4. Petitioner herein retained Dr. Stanley Schneider who has been involved in
the custody evaluation in this case from its inception to do a clIstody evaluation
becallse of the Petition for Custody tiled by the Respondent hen:in
5. Dr. Sclmeider has arranged times to meet with the various parties,
including the child, however, the Respondent has refused to participate in those
evaluations.
6. Petitioner believes and therefore avers that the Respondent is in violation
of the Order of Court of November 7, 2000.
7. Petitioner has incurred legal fees in the amount of $500.00 in the
preparation and tiling of this Petition.
8. Petitioner requests this Court to determine that the Respondent is in
violation of the Court Order, impose such sanctions as the Court deems appropriate,
including reimbursement for costs incurred in legal fees and fees of the professional
to testify at the hearing contained herein, "
-2-
WHEREFORE, Petitioner herein prays this COlu1 to grant the relief as
reque,ted.
Respectfully ,ubmitted,
Mancke, Wagner, Hershey & Tully
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t,..:::f.O.' #13103
2233 North Front Street
Harrisburg, P A 17110
(717) 234-7051
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Date:~"1
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VERII'ICATION
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I 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.
Section 4904, rs1ating to unsworn falsification to authorities.
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TRUDY l.. SWALM,
PlaintitT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNS YL VANIA
v
CIVIL ACTION. LAW
NO. 96 - 0912 CIVIL
IN CUSTODY
WILLIAM J. LU1v!ADUE, JR.,
Defendw1t
COURT ORDER
AND NOW, this ...1tn dllY of November, 2000, upor. consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. A hearing is scheduled in Courtroom No. I of the Cumberland County Courthouse
on the _not'" dllY of "J"flqllt\.I:.U ' 200f at
J :30 l.M. at which time testimony will be taken in the above case. At
this hearing, the Mother shall be the moving party and shall proceed initially with
testimony. Counsel for the parties shall tile with the Court and opposing counsel a
memorandum setting forth the history uf custody in this case, the issues currently
before the court, a list of witnesses who ",ill be called to testifY and a swnmary of
the anticipated testimony of each witness. This memorandwn shall be tiled at least
five (5) days prior to the mentioned hearing date.
2. Either party may retain an expert to perform a further custody evaluation or any
other type of testing the parties may desire. Both parties are directed to participate in
any evaluation arranged by the other party on the condition that the other party is
incurring 1111 of the expense in connection with that evaluation. Both parties shall
disclose to the other parent and/or their attorney any individuals who are involved in
providing evaluations or counseling for the child and this Order hereby authorizes
and directs any professional who is involved in providing evaluation or eounsel for
the child to share information with respect to those evaluntionlcounseling with both
parents.
3. Pending further order of this Court, this Court's prior Order on shared custody shall
remain in place.
cc:
Osmer S. Deming, Esquire
Richard P. Wagner, Esquire
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. IN HIE COUR'r Of' COMMON Pl.EAS
flJMBfRLAND fOlJNlY. PENNSYl.V,\N/..\
Plaintiff/Petitioner.
~
NO 96-0912
. CIVIL ACTION - LAW
fRUDY 1. SWAl.M,
. IN fUSTOI)'i
DefendanllRespondenl
ORDER
AND NOW, this__.day oCu..u........ u......u.' 2001, upon Petition of
William J. Lumadue, Jr., a Rul~ is issu~d against the Respondent, Trudy I.. SWlllm,
10 show cause why, if any, she should not he held in contempt (If court and th., relief
requested should not be granted.
RULE RETURNABLE theuu..u..day oC_._u.u_
,2001, lit
o'clock _.~_.m. in Courtroom No..___...ofthe Cumberland County Courthouse.
One Courthouse Square, Carlisle, Cumberland COlmty, Pennsylvania.
BY THE COURT:
J.
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WILLIAM 1 LUMADUE. Jr.
. IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY. PENNSYL VANIA
PlaintitTlPetitioner,
v
. NO 96-0912
. CIVIL ACTION - LAW
TRUDY L SW ALM.
. IN CUSTODY
Defendant/Respondent.
PETITION
AND NOW, comes your Petitioner, William J. Lumadue, Jr., by and through
his attorneys, Mancke, Wagner, Hershey & Tully, and files the following Petition:
I. Your Petitioner, William J Lumadue, Jr., is the Plaintiff in the above-
captioned matter.
2. The Respondent, Trudy L. Swaim, is the Defendant in the above-
captioned matter.
3. On or about November 7,2000, the Court of Common Pleas of
Cumberland County entered an Order, a copy of which is attached hereto,
incorporated herein by reference and marked as Exhibit A, requiring that if either
piuty desires a custody evaluation, that both parties are directed to participate in any
evaluation,
4. Petitioner herein retained Dr. Stanley Schneider who has been involved in
the custody evaluation in this case from its inception to do a custody evaluation
because of the Petition for Custody tiled by the Respondl:nt herein
5. Dr. Schneider has arranged times 10 meet with the various parties.
including the child. however, the Ref.pondenl has relilsed to participate inlhose
evaluations.
6. Petitioner believes and therefore avers that the Respondent is in violation
of the Order of Court of November 7, 2000.
7. Petitioner has incurred legal fees in the amount of$;OO.oO in the
preparation and filing of this Petition.
8. Petitioner requests this Court 10 detennine that the Respondcnt is in
violation of the Court Order, impose such sanctions as the Court dccms Ilppropriate,
including reimbursement for costs incurred in legal tees and tees llfthe protcssional
to testify at the hearing contained herein.
.2-
WHEREFORE, Petitioner herein prays this Court to grant the relief as
requested.
Respectfully submitted,
Mancke, Wagner, Hershey & Tully
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2233 North Front Street
Harrisburg, P A 17110
(717)234-7051
Attorneys for Petitioner
Date: .t/JYdl
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WILLIAM J. LUMADUE, JR.,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND C::lUNTY, PENNSYLVANIA
.
.
v.
CIVIL ACTION - LAW
.
.
TRUDY L. SWALM,
Defendant/Petitioner
I
NO. 96-0912 CIVIL TERM
ORDER OF COURT
AND NOW, this ZIs1 day of February, 1996, upon consideration
of the attached Petition for Special Relief, a hearing is SCHEDULED
for Tuesday, February 27, 1996, at 3130 p.m., in Courtroom No.5,
Cumberland County Courthouse, Carli~le, Pennsylvania.
BY THE COURT,
Paul Bradford Oxr, Esq. j'
78 West Pomfret Street J. ) / ,~
Carlisle, PA 17013 . . ~'
Attorney for Defendant/Petitioner ) ) .,_
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Plaintiff/RespOlJdent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
CIVIL ACTION. LAW
TRUDY L. SWALM,
Defendant/Petitioner
NO. 96-912 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this
day of February, 1996, In consideration of
the attached Petition for Special Relief and pending a determination of the issues raised in this
,
Petition and the Complaint for Custody filed by Plaintiff/Respondent, the Petition is granted
and custody of Karol Rose Lumadue is hereby awarded temporarily to Petitioner, TRUDY L.
SW ALM, pending the conciliation conference which shall be scheduled on the custody
complaint which has been filed, or until further order of this Court.
BY THE COURT:
WILLIAM J. LUMADUE, JR.,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
CIVIL ACTION - LAW
V.
TRUDY L. SWALM,
Defendant/Petitioner
NO. 96-912 CIVIL TERM
IN CUSTODY
PETITION FOR
SPECIAL REI.IEF
Pursuant to Pennsylvania Rules of Civil Procedure 1915.13, 1M above-named Plaintiff,
TRUDY L. SWALM, through her counsel. Paul Bradford Orr, Esquire, respectfully sets forth
the following in support of her Petition for Special Relief pertaining 10 custody:
1. Petitioner is TRUDY L. SWALM. an adult individual residing at 6990 Wertzville
Road, Apartment IS, Enola, Cumberland County, Pennsylvania, 17025. Petitioner is the
nalUral mother of the child, KAMI ROSE LUMADUE, who is ttle subject of this custody
I
action.
2. Plaintiff/Respondent is WILLIAM J. LUMADUE. JR., who also resides at 6990
Wenzville Road, Apartment IS, Enola, Cumberland County, Pennsylvania, 17025.
Respondent is the nalUral father of the child and on February 20, 1996, Respondent ftled a
Complaint for Custody in the Court of Common Pleas of Cumberland County, Pennsylvania,
at captioned docket number.
3. The child who is the subject of this action, KAMI ROSE LUMADUE, is I year and
10 months old. She was born out of wedlock and is alleged to be currently in the custody of
(
her paternal grandmother, Rosemary S. Lumadue, who resides on Millers Gap Road. Enola,
Cumberland County, Pennsylvania, 17025.
4. Petitioner and RespondeOl were residing together at 6990 Wertzville Road,
Apartment 15, Silver Springs Township, Enola. PA, 1702~. with their child, Kami Rose
Lumadue as well as Petitioner's other daughter, Kylie SwaIm.
5. On Tuesday, February 20, 1996, the parties arose for work. At approximately
10:00 a.m.. RespondeOltransported Kami Rose Lumadue and Petitioner's other child, Kylie
Swaim, to their regular babysiller's residence located in Mechanicsburg, Pennsylvania.
6. Petitioner left her place of employment and arrived at the babysitter's residence at
approximately 4; 15 p.m. At that time, Kylie Swaim was still in the possession of the
babysitter, however, Kami Rose Lumadue was missing.
7. Petitioner questioned babysiller as to the whereabouts of Kami Rose Lumadue
whereupon babysitter replied that the RespondeOl had come earlier in the afternoon, picked up
the child, and stated that he was taking her to his mother's house.
8. Petitioner proceeded to the grandmother's place of business, Vissagio's Restaurant
located on Wertzville Road, in an allemptto locate the missing child.
9. Petitioner proceeded to grandmother's house whereupon she discovered that no one
was present.
10. Petitioner telephoned the restaurant owned by grandmother and was told by an
employee that the child was in fact there "running around somewhere..
II. Petitioner proceeded back to the restaurant and was met by the grandmother. At
that time, grandmother stated, "You cannot have her back. She is not here. She is in a safe
place, however, you're not gelling her..
12. Petitioner exclaimed to grandmother, "What do you mean I'm not getting her? I
am her mother..
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13. Petitioner alleges that grandmother made numerous lhrealS regarding the custody
intereslS of the child.
14. Petitioner took these threalS seriously and proceeded to report the child as missing
to the local police department.
15. Respondent and Respondent's family members continue to make threalS towards
the Petitioner and continue to refuse to reveal the whereaboulS of the child.
16. Petitioner alleges that Respondent spends no more than four or five hours per
week with the child and in fact the underlying reason for the recent action taken by
Respondent is due in large part to the grandmother's desire to obtain custody of the child.
17. In the past year and ten months, essentially since Kami Rose Lumadue was born,
Respondent has on numerous occasions directed physical threalS to the child when, as infanlS
do, the child would occasionally disrupt Respondent's sleep.
18. Petitioner alleges that Respondent is, therefore, unreliable as custodian of the child
due to his erratic and verbally abusive behavior displayed lhroughoutthe course of the child's
life, which behavior has been specifically directed towards the infant child.
19. Defendant/Petitioner believes that immediate intervention and a temporary award
of custody of Kami Rose Lumadue to her pending a conciliation conference is necessary for
the following reasons:
A. Defendant/Petitioner has raised serious concerns regarding the health and
welfare of the child;
B. The natural mother is best able to provide the proper care and nurturing of
the child;
C. The sibling of lhe subject child. who has resided with lhe child since birlh.
is suffering traumatically due to lhe unknown whereabouts of her sister;
D. Defendant/Petitioner mother is very distraught over the sudden
disappearance of her child; and
E. Defendant/Petitioner is concerned aboutlhe traumatic effect on lhe subject
child due to lhe sudden separation of lhe child from her natural molher.
WHEREFORE. Petitioner prays your Honorable Court pursuant to Pennsylvania Rule
of Civil Procedure 1915.13 to enter an interim order granting Petitioner. Trudy L. Swaim.
physical custody of Kami Rose Lumadue until the conciliation conference or until further order
of lhis Court.
""'29 "bm;""'.
Paul Bradfor Orr. Esq.
Attorney for Defendant/Petitioner
78 West Pomfret Street
Carlisle. PA 17013
Telephone: (717) 258-8558
Supreme Court ID No. 71786
,
1
COMMONWEAL TI-I OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
I verify thaI the slalcmcnlS made in the foregoing Pelition are true and corrcc:t. I
understand thaI false Slalcmcnls herein are made subjccllo the penalties of 18 Pa.C.S. 14904,
relating 10 unsworn falsificalion 10 authorilies.
DATE: February t!-I
,1996
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TRUDY L. SWALM.
Petitionl:r/Oefendant
: Ii'< THE (,OUR r OF COMMON Pl.EAS OF
: CUMBERLAND COUNTY. PENNSYLV ANIA
vs
: CIVIL ACTION. l.A W
: CUSTODY
WIl.L1AM 1. LUMADUE, JR.,
RespondentlPlaintifl'
: NO. 96.()l) I 2 CIVIL TERM
ORDER OF C()lIRT
AND NOW, this ~ day of August, 2000. upon considl:r.llion of the allachl:d
Emergency Petition to Modify Custody. it is hereby ordered and dirl:cted that the parties and their
rl:speclive counsel appl:ar bl:lore this Honorable Court tor a hl:aring on the J(, '/fl" day of
&1' ,~t .2000, at i.dt1 o'clock A..M. in thl: Cumberland County Courthouse,
Courtroom number -'-, Carlisle, Cumbl:rland County. Pennsylvania.
J. Richard Wagner, Esquire
2233 North Front Street
Harrisburg. P A 1711 0
Allomey tor Rl:spondcnt
Paul Bradford Orr, Esquire
50 East High Street
Carlisle. PA 17013
Allorney (or Petitioner
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BY THE COURT,
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nWDY L. SWA!.M.
Petition.:r
: IN HIE COUR r OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs
: CIVIL ACTION. LA W
: CUSTODY
WILLIAM J. LUMADUE, JR.,
Responderu
: NO. 96-0912 CIVIL TERM
PETITION FOR EMERGENCY RELfEfI:
I. Thl! Pelitionllr is Trudy L SwaIm. mother of the child, Kami Rose Lumudue (d.o,b.
April I. 1994), and resides at 207 Pisllah Hill Road. Shermansdale. Perry County, Pennsylvania.
17090.
2. Rllspondent is William J, Lumadull. Jr.. tather ofthll child, and Respondent in the
abow-captionlld matter; Respondent currently resides at 1147 Pheasant Drivll, North, Carlisle,
Cumbllrland County, Pennsylvania. 17013.
3. The child, Kami Rose Lumadue, is si.~ (6 J years of age, having been born on April I,
1994.
5. Both partillS appearlld on August 18. 1999. tor a hearing belon: the Honorable Judgll
Oler whereupon Judge Oler entered an Ord.:r of Court directing that both Legal and Physical
custody shall be shared by th.: parties. (S.:e Order of ('ourt dated August 19. 1999 and attached
hereto as Plltitioner's Exhibit "A")
6. It was further Ordered that the child shall attend kindergartlln at the Montessori school
in Camp Hill proposed by the lather. and the party having custody at the time shall be responsible
tor transporting Ihll child to and trom school.
7. lh~ child. ha~ing cumpl~t~d kind~r\!art~n at lh~ ~h)llt~ssuri s.:huul in Camp Hill. ~i\l
n,)'" bCl:!in tirst I:!rado:.
S. Tho: Ord~r of Court dato:d Au\!.ust 19. l'l'l'l dolls nul diro:ct who:ro: the child should
attend s.:hool following thll comph:tion of kindo:ri:!artlln.
9. Petitiono:r/motho:r. as proposed at tho: ho:aring on AUllust 18. 1999. bo:lio:vlIS and
thero:t'oro: awrs that it is in tho: bo:st into:ro:st of tho: child to bo: ~nrollo:d at Gro:o:npark Elo:mo:ntary
School tllr ho:r o:lo:mo:ntary o:ducation.
10. Wo:st Po:rry 5.:hool District bO:llins dasslls on AUllust 28.2000, thus. tho: child must bo:
rllgisto:ro:d at tho: Wo:st Pllrry School District prior to August 28. 2000.
WHEREFORE. Plltitiono:r ro:spllctfully ro:quests that this Court amo:nds tho: current Ordo:r
of Court and diro:ct tho: child to bo: enrollo:d at Gro:o:npark Elo:mo:ntary School for ho:r e1o:mo:ntary
o:ducation.
FORD ORR
1 AU(r 2CXJO
By:
Paul Bradford Orr. Esquiro:
50 East High Stro:o:t
Carlislo:. PA 17013
(717) 258.8558
Supro:mo: Court 10 No.7 1786
-
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WILLlMI1. LUMADUE, :
JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNtY, PENNSYLVANIA
Plainti ff
v.
CIVIL ACTION - LAW
TRUDY L. SW ALM,
Defendant
NO. 96-0912 CIVIL TERM
ORDER OF COURT
AND NOW, this l "1 tLday of AUl(ust, 1999, upon consideration of
Plaintiff's
petition for modification of custody with respect to the parties' child, Kami Rose
Lumadue (d.o.b. April 1, 1994), and following a hearing, it is ordered and directed as
follows:
1. Legal custody of the child shall be shared by the parties.
2. Physical custody of the child shall be shared by the parties on
an alternating week basis, from Saturday at 10:00 a.m. until Saturday
at 10:00 a.m.
3. The child shall attend kindergarten at the Montessori school
proposed by Plaintiff father. Transportation of the child with respect
to school shall be the responsibility of the party having custody at
the time.
BY THE COURT,
tih
P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, P A 1711 0
Attorney for Plaintiff
TRUE COpy FROM RECORD
In Tesllmony whereof, I here unto sat my hand
and Illfl saallol said COIl t Carlisle, Pa.
Th' '" ay 0 1
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\\ lLLlAM J. L1JMADlJE. JR..
PlaintilT
IN THE COllRT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
v
CIVIL ACTION. LAW
NO. 96-0912 CIVIL
IN CUSTODY
IRIIDY I.. SWALM,
Defcndant
COl1RT ORDf.R
AND NOW. this ~1. dr.y of May. 1999. upon considcratiDn of the anachcd ClJ5tody
Cond/iation Report. it is ordcred and dirc~tcd as follows:
1. A hcaring is schcdulcd in Courtroom No. I of thc Cumberland County Courthouse
on lo.,;, D ., August ).'1 , 1999, at 9:30 a.m. at which timc testimony will be taken in
the abovc case. At this hcaring, the Fathcr, William J. Lumaduc, Jr., shall be the
moving party and shall proceed initially with tcstimony. Counsel for the parties
shall lile with the court and opposing counsel a memorandum selling forth the
history of custody in this case, the issues currently before this court. a list of
witnesses who will testify on behalf of that party and a summary of thc anticipated
testimony of each witncss, This memorundum shall be liIcd at least 10 days prior to
the mentioncd hearing date.
2. Pending further order of this court. the existing custody order in this case shall
remain in clli:cl.
3. In light of the fact that both parties are suggesting that they will be retaining a
professional to do a clJ5tody cvaluation in anticipation of the mentioned hearing, it is
ordered and directcd that both parties shall cooperute in connection with any clJ5tody
evaluation or counseling session that is scheduled for purposes of a custody
evaluation. Unless thc parties reach an agreement on one independent clJ5tody
evaluator. and the p&rlies agn:e to share the costs of that evaluation. each party shall
incur their O\\on expenses with respect to any cvaluation costs for the professional
that they retain. The parties will make themselves available and also make the
minor child avaiiable lor any evaluation sessions that are scheduled.
4. Upon conclusion cf the evaluations and in the eventlcgal counsellor the parties feel
that a second Custody Conciliation Conference may aid in resolving the case prior to
the hearing. legal counsel for the partics may contact the Custody Conciliator by
phone to schedule another Custody Conciliation before the AuglJ5tl61h hearing date.
cc:
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P,RlchardWagner.I'f,!J'r,, ',", il
Carl Romminger. E~.~~...,-;:.';/r,,"""'~':'.~.-:...';;J i 1 ,-
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MAY 2 R 199\.
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Wll.LlA~1 1. I.UMADUE. JR..
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERl.AND COUNTY, PENNSYLVANIA
v
CIVIL ACTION. LAW
NO. 96-0912 CIVIL
IN CUSTODY
TRUDY I.. SWAl.M,
Defendant
Prior Judge: J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERI.AND COUNTY CIVIL RULE OF PROCEOt IRE
1915.3-8(b). the andersigned Custody Conciliator submits the following report:
I. The pertinent inlonnation pertaining to the child who is the subject of this litigation is lIS
follows:
Kami Rose Lumadue, born April I, 1994.
2. A Conciliation Conference WllS held on May 27, 1999, with the following individuals in
attendance:
The Father, William Lumadue. Jr., with his counsel, P. Richard Wagner, Esquire; and the
Mother, Trudy L. SwaIm. with her counsel, Carl Romminger, Esquire.
3. The parties were belore Judge Oler for a hearing in February of 1998. At that time, the
court left the existing week on/week off custody arrangement in place.
4. Mother resides in Southwestern Perry County. Father resides in Cumberland County. The
child is now required to start school on a full time basis for the lall of 1999. Father believes
that he should be the primary eustodian so that he can send the child to the Montessori
School in Cump Hill. Mother believes she should be the primary custodian and intends to
send the child to Greenpurk Elementary School in the West Perry School District. The
parties are unable to reach an agreement and a hearing is required.
5. The Conciliator recommends the entry of an order in the fonn as attached.
~{]aI 99
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I N 0 E X TOW I T N E SSE S
FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS
Stanley Schneider 21 25
William Lumadue, Jr. 30 36 43
FOR THE DEFENDAN1: DIRECT CROSS REDIRECT RECROSS
Trudy Swa1m 3 12
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August 16, 2000
2
Court room No. 1
3
8:35 a.m,
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THE COURT: This is the time and place for a
5 hearing on the emergency petition to modify custody which
6 was filed by the Plaintiff, Trudy L. Swa1m. We will let
7 the record indicate that the Plaintiff is present in court
8 with her counsel, Paul B. Orr, Esquire, and the Defendant
9 is present in court with his counsel, P. Richard Wagner,
10 Esquire. The issue for disposition by the Court is which
11 school the child of the parties, Kami Rose Lumadue, will be
12 attending. Mr. Orr.
13
MR. ORR: Thank you, Your Honor. I'd like
14 to call the mother, Trudy Swa1m, to the stand.
15
THE COURT: I had indicated that the Court
16 has allotted one-half hour for this proceeding, so each
17 counsel should take half that time for his presentation,
18 including cross examination and rebuttal. Mr. Orr.
19
MR. ORR: Thank you, Your Honor.
20 Whereupon.
21 TRUDY LYNN RACKLEY
22 having been duly sworn, testified as follows:
23 DIRECT EXAMINATION
2.1 BY MR. ORR:
25
Trudy, can you please state your name and
Q
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add.ess for the Cou.t?
A T.udy Lynn Rackley. 207 Pisgah Hill Road,
Shermans Dale, PA.
Q You'll have to move that microphone up a
little bit. Thank you. And what county is that in?
A Perry.
Q Do you know what the Township is?
A Carroll.
THE COURT: I'm sorry, but I just can't
hear. I don't know why.
THE WITNESS: Okay. Carroll Township.
BY MR. ORR:
Q How long have you lived there?
A Two plus years.
Q Do you own that house?
A Yes.
Q Do you have any children now going to the
West Perry School District, specifically Greenpark
Elementary?
A Yes, I do.
Q And how old is that child?
A She's nine.
Q How long has she went there?
A Since first grade, and she's now going into
fourth grade, so four years.
4
~,
1
Q
Do you have any children that go to
2 Cumberland Valley School District?
3
A
Yes, I do, a stepdaughter.
4
Q
How old is she?
5
A
She's eight.
6
How long has she been in the Cumberland
Q
7 Valley School District?
8
About two years.
A
9
Q
Do you have any firsthand knowledge as to
10
maybe some of the differences between Green Valley or
,
11
Greenpark Elementary and Cumberland Valley?
,
I
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A Yes, I do.
13
Q Can you give any specifics for the Court to
14
decide?
15
Ky1ie's school at West Perry School District
A
16 is very parent/teacher/child active. They have a book that
17
parents have to look at every night and sign, showing what
t~
18
they learned in school that day, their homework
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assignments, their spelling words. And it's mandatory.
20
It's part of their grade. They encourage parents to come
21
and sit in the classroom at any given time. They have
22
multiple parent days, especially for parent.s and
23 grandparents. Conferences, they stress. It's also part of
24 their grade. They are very academically geared.
25
Shelby'S school at Sporting Hill Elementary,
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1 '",hleh 1.::3 Curnl.:"_~r:ldrLi V,llle'l. JIV-.= rh-~Ver hd.::J hOl1le'JJiJ["k. We
2 don't know what she learns. Every day that we have her,
3 which is quite often, I ask her, what does she learn. does
4 she have homework, and she can never seem to remember.
5 Q Does she have one of these homework journals
6 or this homework record, as you described from Greenpark
7 Elementary?
A Absolutely not. I have gone to the school
and talked to her teacher, Mrs. Smith, numerous times to
see if they could supply the children the same way. I took
Ky1ie's book in. And I felt that it was a very good
understanding for the parents to know what their children
were 1ear~ing. And they said, years ago they tried it. It
was a flop. The parents didn't want to--
MR. WAGNER: Excuse me. To the extent that
she's relating what was told to her, I would have to
respectfully object, because the person who is saying it is
not here to cross-examine to know the context.
,
Mr. Orr.
Just relay your firsthand
THE COURT:
MR. ORR:
knowledge to the Court.
THE COURT: I gather, you're agreeing with
23 the objection?
MR. ORR: As far as the hearsay, yes, Your
24
25 Honor.
6
......
1 THE COURT: OkdY. The objection is
2 sustained to that extent. r 'm a little confused. ~Iho is
3 Shelby?
4 THE WITNESS: Shelby Rackley is my
5 stepdaughter.
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THE COURT: Shelby what?
THE WITNESS: Rackley.
THE COURT: Rackley. Okay. So that's Mr.
9 Rackley's daughter?
10 THE WITNESS: Yes.
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21 BY MR. ORR:
22 Q Is that the same elementary school that the
23 father is proposing that Kami go to at this point?
24 A Cumberland Valley School District. It's
25 Green Ridge. The same extracurricular activities, the same
THE COURT: And you're married to Mr.
Rackley?
THE WITNESS: Yes, I am.
THE COURT: And what was the date of that
marriage?
THE WITNESS: October 24th, '99.
THE COURT: Okay.
THE WITNESS: '98. I'm sorry.
THE COURT: '98, okay. Mr. Orr.
MR. ORR: Thank you, Your Honor.
7
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schedule t~lt they follow.
[ have asked also to Slt ln
Shelby's classes, given the same freedom as at Kylie's
school, and you're not allowed, except for a parent day
that they have one time a year.
Q How long of a bus ride is it or how long
tran8portation wise is Kami going to be required to undergo
if she goes to West Perry from your house?
A Ten minutes.
Q Ten minutes?
A Ten, fifteen minutes tops.
Q Will she also be riding the bus with her
older sister?
A She will be dropped at school by myself. I
take my kids to school, and they ride a bus across the
street from the school to a sitter should I not be able to
get them in time. Generally, on an average, they're there
not even-- until the school bus drops them oft, I'm there
right away. When Kami attended the Montessori School,
Ky1ie was there until about 4:00, until I could get from
Camp Hill to West Perry. The sitter is across the street
from the school. So I would be getting them at 3:10 if
they were together.
Q Now where do you work?
A I'm self-employed in Shermans Dale.
o So in relation to where you are working
8
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dunng the; (hy and the Greenpar-k Elementary School, how f,)t"
of d dlstance 18 that?
A Ten, fifteen minutes.
Q And you will be able to pick the children up
most days directly from school or are they going to ride
the bus or do you know at this point?
A They ride the bus across the street to the
sitters only in the event that I would be held up in
traffic somewhere, that they have somewhere safe to go, but
they do not spend great deals of time with a sitter. I get
them immediately when they're done with school.
THE COURT: Could you just refresh my memory
about the children here? You mentioned someone named
Kylie.
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20 THE COURT: And her father is whom?
21 THE WITNESS: Tony Swa1m.
22 THE COURT: Okay. And Kami is how old?
23 THE WITNESS: Six.
24 THE COURT: And Kylie goes to the Perry
THE WITNESS: Kylie is her blood sister.
THE COURT: How do you spell that?
THE WITNESS: K-y-l-i-e.
THE COURT: Okay. And Kylie is how old?
THE WITNESS: Nine.
25 County Schoo1--
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THE WITNESS: Yes, she does.
THE COURT: --that you want Kami to go to?
THE WITNESS: Yes, I do. And they are so
excited about being together.
THE COURT: And Shelby goes to a school?
THE WITNESS: Sporting Hill.
THE COURT: In the Cumberland Valley School
District?
THE WITNESS: Yes, she does.
THE COURT: Is that the school that Mr.
Lumadue wants Kami to go to?
4
THE WITNESS:
THE COURT:
THE WITNESS:
THE COURT:
THE WITNESS:
THE COURT:
Cumberland Valley, yes.
Same school?
No, it's a different--
Different school?
Yeah, elementary.
Different elementary school?
18 THE WITNESS: Uh-huh.
19 THE COURT: Okay. Mr. Orr.
20 MR. ORR: Thank you, Your Honor.
21 BY MR. ORR:
22 Q Can you describe any of the extracurricular
23 activities that Kami is involved in?
24 A Yes, she attends-- she just flew up from
25 daisies into brownies. This will be her second year. Her
10
L cJlster lidS bt,en 1" bi.'.)Wni('3 ,lnd Just fie'" up to 'lid
2 scouts, so th1S L9 her fourth year.
3 Q When you say, flew up, you mean, promoted
4 or--
5 A Uh-huh. They graduated up to the next
6 level. They both enjoy that because they can be together.
7 It's all in one room, so Kylie likes to help her sister.
8 Kami would like to tryout for fall soccer this year. She
9 wasn't quite ready for spring soccer, but she wants to try
10 the fall soccer with her sister.
11 Q In regards to the daisies or the brownies,
12 where do those meetings take place?
13 A At the school, at Greenpark Elementary.
14 Q How has Ky1ie's progress been at Greenpark
15 Elementary?
16 A Phenomenal.
17 Q She began first grade there?
18 A Yes. And with flying colors, I recommend
19 that school to anyone. The principal is very active with
20 all the kids. It's very impressive. She knows the kids by
21 name. She knows what they're involved in. She sits in all
22 the classes. The teachers are very responsive to the
23 children. They split the classes up into two groups, a
24 faster group and a slower group, that everybody keeps on
2S the same learning level. Their learning level is much
11
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1 'Jt-e,]ter trun the Cumbet"lc1nd V<llley School District.
) Greenpark Elementary, how many students are there?
;<
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Q
Do you know what the enrollment is at
A
In Kami's class? I took her up to the
5 school last week. She met her first grade teacher, Mrs.
6 Foose, who I recommend. She has 11 kids in that class.
7 And I explained the circumstances with Kami, the Montessori
8 Schoo1-_ am I allowed to say that?
10 have already enrolled her in Greenpark Elementary?
9
11
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Q
With regard to Greenpark Elementary__ so you
13 teacher?
14
A
A
Yes, I did.
15
Q
And you've already met the first grade
And the prinCipal, yes.
16 first grade class?
And how many children are going to be in her
17
A
Eleven. They rerouted a lot of the kids to
18 Blain that lived on the outskirts of Greenpark, so they
19 Could concentrate the attention of the children a little
20 bit better with smaller groups.
21
MR. ORR:
"
I don't have any further questions
22 for the Petitioner at this time, Your Honor.
23
THE COURT: Mr. Wagner.
24 CROSS EXAMINATION
25 BY MR. WAGNER:
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.~ ~)Le,l~e eX!)L~Lrl to me, maldln, you llve in
Carroll Township. Carroll Township has an elementary school
that LS part of the school system of West ~erry, do they
not?
A I'm right on the line.
Q You're on the line. Does your children go
to Greenpark because it is the baby-sitter who lives in the
Greenpark district?
A No.
Q Now we had the principal here the last time
that we were in. Do you remember her being here?
A Yes.
Q And do you remember her talking about the
fact that because the baby-sitter was in Greenpark, that's
why the children would attend Greenpark because of bussing?
A No, because I didn't even have that
baby-sitter when I lived with my father. She started at
Greenpark. When I bought my home, they told me it was
Greenpark, because that was the only school district I was
100kirrg for, to keep her in the same. And when I bought
the house and enrolled her in-- with her new bus, they told
me that I was right on the line, that she could go either
way.
Q How do you go from your house to Greenpark?
A Actual directions?
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Q
Tell me. Do you go tfll:"ough New Bloomfield?
2
A
No.
3
Q
How do you go?
4
A
I go out 74. I'm right close to 74. So
5 it's kind of a straight shot right to the school.
6
Q
Now the Greenpark Elementary School is
7 located in E11iottsburg, is that correct, the town is
8 called E11iottsburg?
9
A
I don't know the exact town. It's right off
10 74.
11
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Q
The Carroll Township Elementary School is
12 about five minutes from where you live, is it not?
13
A
No, it's about the same from where I-- I'm
14 on the outside border.
15
Q
Well, you just told us a moment ago, you
16 could have gone to either. Isn't it true that the Carroll
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Township Elementary School is closer to your home --
,
A No.
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Q -- than the Greenpark Elementary School,
which is in E1liottsburg, about 10 to 15 minutes from where
you live?
A It's not closer.
Q Isn't it true that the child goes to
Greenpark because that's where the baby-sitter is located,
and the bus drops the children off at the baby-sitter?
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1 A No, because r d1dn't even have that
? baby-sitter when she started school there. I made it a
3 point to pick her up and drop her off at the school.
4 Q Who's the baby-sitter?
5 A Tina Paulis (phonetic).
6 Q Where does she live?
7 A Across the street from the school.
8 Q Which school?
9 A Greenpark Elementary. Four houses up, on
10 the right.
11 Q And you're telling us, you did not have that
12 baby-sitter last year?
13 A No. I had the same baby-sitter last year,
14 but not when I enrolled Ky1ie in the school and when I
15 moved there.
16
Q
The baby-sitter you had last year is this
17 same lady?
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A Yes.
that baby-sitter.
with him.
When I bought the home, I did not have
I used my dad's neighbor when I lived
Q But when we were in court the last time, the
same baby-sitter you have now was this lady that lives
across the street from Greenpark?
A Yes, uh-huh.
Q And she lives in the Greenpark Elementary
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1 School District, does she not, the baby-sitter?
2 A Now it's split. Now it's Blain or
3 Greenpark. She has two bus stops.
4 Q And you've indicated to the Court that you
5 go to Shermans Dale every day to work?
6
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11 around my children's schedule. Daytime hours.
12 Q So you are flexible?
13 A Yes.
14 Q And in terms of the distance from your home
15 to the Montessori School where your children attended last
16 year, how long was that?
17 A In traffic, about an hour and a half.
18 Q And how far is it from your home to the
19 Cumberland Valley Elementary School, Greenville?
20 A In traffic, it's going to take at least an
21 hour.
22 Q What traffic do you have going from Shermans
23 Dale to the base of Sterretts Gap that takes an hour?
24 A Because I have to take Ky1ie to the
25 Greenpark Elementary School first. That's out of the way.
A Yes.
Q Where in Shermans Dale?
A Right beside Ken's Towing.
Q And what is-- what are your hours?
A I'm self-employed, so whatever-- I work
16
1 Then I have to backtrack the whole way and go down over the
2 mountain, and there is a lot of traffic on the mountain.
3 It takes a 10ng-- I drove five and a half hours a day last
4 year, the weeks I had Kami.
5 Q Five and a half hours a day?
6 A A day, until I took Kylie to school and
7 backtracked, and went to Camp Hill, went back to Newport,
8 where my office originally was, worked for two and a half
9 hours, left, went to Camp Hill to get Xami, drove the whole
10 way to Perry County to West Perry to get Kylie, and then
11 until we got home, it was about five and a half hours a day
12 driving.
13 Q In terms of the number of days that Kylie
14 missed-- Kami missed school at Montessori, how many was
15 that, if you know?
16 A She-- I think she was sick.
17 Q Do you know how many days she missed?
18 A With me?
19 Q How many days did she miss with you?
20 A Maybe-- wait. She had the chicken pox. So
21 she was out for that.
22 MR. ORR: Your Honor, I'd have to object. I
23 don't think it's relevant. I thought we were here to talk
24 about Cumberland Valley.
25
THE WITNESS: Yeah. I can't tell you that.
17
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TilE COURT: ~lr. Wd'Jnet', there':J been an
2 obj."ction.
3
MR. WAGNER: The question is the number of
4 days missed with the.. with that arrangement of driving
5 over the mountain. And the answer to that, we think, is
6 relevant to know whether or not that schedule could have
7 been facilitated and was facilitated except for a few days
8 of missing. That's why I asked her the question, how many
9 days did the child miss while she had custody of her?
10
THE COURT: You may ask the question.
.
11
MR. WAGNER: Thank you.
12 BY MR. WAGNER:
13
Q Do you know how many days the child missed
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while she was in your custody?
15
A
She had the chicken pox, and she had the flu
16 twice. She missed maybe, and I'm guessing, five days.
17
Q
Now in terms of the child that you talked
18 about that went to Cumberland Valley School District, that
19 child is the child of your husband, is that correct?
20
A
Yes.
21
Q
But he does not have custody of that child?
22
A
They have joint custody without going to
23 court.
24
Q
Okay. r understand that. But in terms of
25 where the child lives during the given week, where does the
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1 child llve? Wlth you or with the mother?
2 A Both of us.
3 Q How many days a week do you have the child?
4 A It just depends. Last year, we had her more
5 than-- I can't tell you that. We have split custody. We
6 work around BIlly's work schedule. So when he's of f, we
7 have her. When he's not
8 Q Okay. During the times that you have your
9 husband's daughter, how does she get to the Cumberland
10 Valley School District, if you have split custody, as
11 you've told the Court you do?
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18 with you, that child is driven over the mountain to go to
19 Cumberland Valley School, isn't that correct?
20 A That is correct.
21 Q So you're accommodating your hUSband's
22 child's mother in driving half the time over the mou~tain
23 to Cumberland Valley, isn't that true?
A We drove to three schools last year.
Q Okay. So --
A And I would say, maybe half of the year.
Q Okay. So what you're telling us is, that
the arrangement that your husband has with the mother of
his child, that child is spending at least half the time
24
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Q
Yes.
And your husband has not gone to court, has
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he, and petitioned any Court to suggest that his daughter
attending Cumberland Valley School is not good, that the
child ought to be going to West Perry, where you live, has
he?
A We don't need to do that. We've already
tried to talk to her.
Q And there's been no request of your husband
of the mother of his daughter to have the child live with
you folks permanently to attend West Perry Elementary
versus cumberland Valley?
A Numerous times, we've asked her.
Q And it didn't work out, and nobody went to
court, correct?
A Right. And that's to have peace with the
children.
THE COURT: We've gone through the 15
minutes for the Plaintiff's case. Mr. Wagner, any further
questions?
MR. WAGNER: Just one.
BY MR. WAGNER:
Q Did you tell us that there's a bus involved
in transporting to or from school?
A From school to the baby-sitter across the
street.
MR. WAGNER: Thank you.
20
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1 not?
2
A
Yes.
:)
Q
Have you met Kami and/or Bill or both since
4 the end of the Montessori School year?
5
A
I met with them on June 21st, which was the
6 end of the year.
7
Q
Now
8
A
I met with her in April, during the year.
9
Q
And have you met with the mother, Trudy, at
,
10
all since this time frame?
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A
No.
12
Q
Now you may not know this, but in May of
13 1999, this Court entered an order indicating that mom was
14 to cooperate with you in meeting with you and
15
MR. ORR: Again, Your Honor, I have to
16 object to the relevance of this with regard to the sole
17 issue that we're here for today. We're not rehashing the
18 whole custody agreement.
19
THE COURT: Mr. Wagner.
20
MR. WAGNER: To the issue of cooperation, or
21 lack thereof, is what I'm addressing.
22
THE COURT: I don't remember that order. Is
23 there an order that says that Ms. SwaIm was to meet with
24 Dr. Schneider?
25
MR. WAGNER: There was, Judge. Second of
22
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May, '99, parties will make themselves available, make the
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minor child available for any evaluation sessions that are
3
scheduled.
4
BY MR. WAGNER:
5
Q Have you met with Trudy since May of 1999,
6
if you know?
7
A
No.
8
Q
All right. Now you've been in court here
9 this morning as it relates to the issue of where this child
10 should attend school, have you not?
11
A
Yes.
12
Q
You've heard Trudy's testimony?
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Yes.
14
Q
And you have met with Mr. Lumadue concerning
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his circumstances, is that correct?
16
A Yes.
Q He is married, is that correct?
A Yes.
Q His new wife has a child, does she not?
A Yes.
Q What's that child's name?
A Skyler.
Q Excuse me?
A Skyler.
Q How old is Skyler?
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A
Six and a half.
Q Does she attend the-- I'm sorry, he-- he
attends school where, please?
A Green Ridge.
Q Is that the school where Kami would go if
she attended school in the Lumadue's household?
A Yes.
Q Now are there some factors that are
important for us to consider in terms of placement of this
child for purposes of attending school?
A Yes.
Q What are those factors, and what
recommendations do you have as a result of those factors?
A Kami has benefited from joint custody
basically most of her life. Bill submitted a proposal, if
it's acceptable to the Court, which would essentially
maintain Kami having contact with both parents 14 out of 28
days, so that would maintain the integrity of the shared
custodial arrangement as much as feasible given the
distance between the two parents.
Second point is, that Bill indicated his
willingness to continue to promote contact over and above
the court order between Kami and her mother.
Third point relates to logistics, and that
is Bill and Tina's responsibility, or ability rather, to
24
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take her to and pick her up from school. which would
eliminate any bus transportation.
Q It would also eliminate baby-sitting?
A Yes.
Q Any other points of which you are aware that
would facilitate the placement of the child for purposes of
,
7 school?
8 A Well, you've got the proximity of the
9 school, pick-up and drop-off daily, eliminating bus and
10 baby-sitter, promoting contact, basically insuring the
11 integrity of joint custodial arrangement, and dad being
12 available because of his work schedule to be with the child
13 versus the baby-sitter.
14 MR. WAGNER: Cross-examine.
15 MR. ORR: Thank you.
16 CROSS EXAMINATION
17 BY MR. ORR:
18 Q Dr. Schneider, you mentioned dad's work
19 schedule at the end, is that correct?
20
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Q
A
Q
A
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I did.
And you're aware of his work schedule?
Well, it varies, but basically-- it varies.
It's not during the daylight hours, is it?
What?
He doesn't work eight to five, does he, or
25
1 €I ight. to four?
2
--
A
No, he goes-- well. r don't know when he
3 works exactly, but my sense is that he can go in the
4 afternoon and work through the evening.
5 Q Right. r mean, you just testified that you
6 knew about dad's work schedule, but you don't?
7 A I don't know his specific work schedule. I
8 have a general sense of his work schedule. You I re right.
9 Q Generally speaking, he goes from the
10 afternoon into the evening, is that correct?
11 A Well, he can testify to that himself.
12 Q Well, you're testifying to it now?
13 A I can't answer the question.
14 Q Now you said that the last meeting you had,
15 or last, I guess, counseling session was June 21st, 2000,
16 is that correct?
17
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23
H with Kami.
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A
Q
A
Q
A
Yes.
And that took place in your office?
Yes.
Didn't take place at the restaurant?
No.
And how lon3 was that session?
It was an hour. I met with Bill, and I met
1:
Q
You met with Bill, the father?
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1 A The father, yes,
2 Q Was that a meeting or a session with the
child and the father combined or did you meet with the
.1 father for a certain period of time and the child?
5 A I met with the father first to just get an
6
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9
10
update as to what was happening with him and Tina and their
status, and then I met with Kami alone.
Q You met with Kami alone?
A Yes.
Q Approximately how long did that take?
A I split the time. Probably 20, maybe 25
11
12 minutes.
13 Q Do you know the distance between where the
14 father is living now and where this school is that he wants
15 to enroll the child at?
16 A Not exactly, no, but Mr. Lumadue indicated
17 it was close to the restaurant.
18
Q
Close to the restaurant, not close to his
19 house though?
20 A Well, they're living in a townhouse
21 currently, but they're building a home adjacent to or on
22 the property of the restaurant.
23 Q And how do you know that?
24 A He told me.
25
Q
You haven't seen any contract or anything,
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have you?
A No.
Q He told you they're building a house there.
Did he tell you when it was going to bp. completed?
A No.
Q If the father's working during the evening,
who's watching the child then?
A Grandparents-- well, close to the
restaurant, according to Bill. This schedule-- this is not
an unusual arrangement. Kami has known that most of her
life, the restaurant.
Q It's not an unusual arrangement to have a
child run around a restaurant in the evenings?
A It's not an unusual arrangement for Kami.
Q For Kami?
A
I don't know if she runs around in the
evening at the restaurant.
Q Okay. But I think you just testified that
that's where she is in the evening, is that correct?
A Mr. Lumadue can give you the specifics on
that, Mr. Orr. It's my understanding that the grandparents
are there to provide supervision of Kami. Where she is
exactly during the course of the evening, I have no
knowledge of.
Q And in your professional opinion, is it
28
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1 better for grandparents to raise a child or a mother?
2
A
You're making an assumption the grandparents
3 are raising the child.
4
Q
Well, it sounds like the child is staying
5 with them?
6
MR. WAGNER: Objection, objection to the
7 form of the question and relevancy.
8 BY MR. ORR:
9
Q
In your professional opinion, is it better
10
to have a mother raising a child or an older set of
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grandparents raising the child?
12
A
Are you asking theoretically or are you
13 asking about this specific case?
14
Q
I'm just asking, in your professional
15 opinion, what would you prefer a child to be with, mother
16 or--
17
It is bettp.r for a parent to raise the
A
18 child.
19
Okay. And would it be better for the parent
Q
20 to raise a child in her home or in a restaurant where there
21 is numerous members of the public milling around throughout
22 the evening?
23
I can't answer that question.
A
24
In your professional opinion, you don't know
Q
25 whether it would be better to have a child being raised by
29
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1 mom at home versus being raised by grandchildren ln a
2 re~taurant?
3
A
You mean, raised by grandparents?
4
Q
Grandparents.
I'm sorry.
5
A
Hypothetically and theoretically, it would
6 be better for the former.
7
Q
For the mother to raise the child in her
8 home?
9
A
As you posed the question, that's the
10 former.
11
MR. ORR: I don't have any further questions
12
for the doctor.
13
MR. WAGNER: No redirect.
;
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THE COURT: Dr. Schneider, thank you very
IS much. And you're excused.
16
MR. WAGNER: I'd like to call my client to
17 the stand very briefly.
18 Whereupon,
19 WILLIAM JOHN LUMADUE, JR.
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20 Having been duly sworn, testified as follows:
21 DIRECT EXAMINATION
22 BY MR. WAGNER:
23
Q
Tell the Court your name.
24
A
William John Lumadue, Jr.
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Married, Bill?
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Yes.
2 Q Your wife is sitting next to me and next to
) you in the courtroom?
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A
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name?
A
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A
Q
A
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A
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be attending?
A
Q
A
Yes.
How long have you been married?
Two months.
And she has a child?
Yes, ahe does.
How old is the child, and what's the child's
His name is Skyler. He's six and a half.
And Skyler lives with the two of you?
Yes.
Where does Skyler go to school?
He'll be going to school in Green Ridge.
What class? What grade?
First grade.
It would be the first class that Kami would
Correct.
24 Q Do you have a contract to build a home near
25 the Cumberland Valley School system?
31
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1 A Yes, I do.
2 Q Where is it located?
3 A The house is going to be located in
4 (inaudible) Hllls.
5 Q How far from the school will you be?
6 A One mile.
7 Q And you have gone to the school and talked
8 to the school about the fact you're building a home and
9 that they are allowing you to hav~ your child in that
10 school district, both your kids really?
11 A Yes.
12 Q In terms of taking Kami to and from school,
13
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19 A Between the hours, yes.
20 Q Would there be a bus system involved at all
21 if Kami went to the Cumberland Valley School system?
22 A There's a bus involved, if she wanted to
23 ride the bus, you know.
24 Q She doesn't have to?
would you take her to school?
A Yes.
Q Would you get her after school?
A Yes.
Q Is your schedule flexible enough that you
can accomplish both of those obligations?
2S
She doesn't have to, no.
A
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Q Is there a baby-sitter involved if Kami
attends school in the Cumberland Valley School system?
A No.
Q Kami would be going to school with, I guess
that would be called a stepbrother?
A Uh-huh.
Q From the same household?
A Yes.
Q Same transportation system, same arrangement
for Skyler as there would be for Kami?
A Exactly.
Q If something happens during the course of
the school day or if something happens as far as a snow day
or whatever is concerned, you are flexible enough that you
can stay at home with the kids?
A Sure.
Q You have visited Green Ridge School?
A Yes.
Q When did you enroll Kami there?
A June 28th.
Q Now you had talked to Trudy about West Perry
School system, and as of the beginning of August, the child
was not enrolled there, was she?
A Correct.
Q Is that just a recent undertaking by Trudy,
33
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Q
Green Ridge?
A
Q
A
Q
A
Q
Q
Basically, elementary schools are elementary
schools?
A I think so, yes.
Q If something happens at school where there
has to be a response given immediately by a parent, you're
going to be how far away from the school?
A One mile.
Q You are employed at Visaggio's Restaurant,
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1 lS chat cot-rect?
A
Correct.
Q How far is Visaggio's Restaurant from the
school should you be at work and the same problem arise?
A A mile and a quarter.
Q Your wife, who is seated here next to me,
works where?
A On the Carlisle Pike.
Q How far is she from the Cumberland Valley
School District?
A From the school?
Q Yes.
A Two miles, three miles.
Q So that if an incident arises at school with
either Kami or Skyler, you're within a mile or a mile and a
half, she's within two or three miles of the school?
A Yes.
Q A parent or step-parent can give immediate
response to that problem?
A Yes.
Q Were there times when you would drive to
Trudy's home, either pick up or deliver Kami?
A Yes.
Q
How long would it take you to get from the
25 restaurant over to her home and back again?
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A We 1 1, 20, 22 minutes up.
Q Twenty minutes'?
A Twenty, twenty-two.
Q. Twenty to twenty-two minutes from your place
up there and back?
A No, no, not back, no. Twenty-two minutes
1
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up, twenty-two minutes back.
Where did you go to school?
Green Ridge.
Did you attend the Cumberland Valley School
Q
A
Q
District?
A
Q
A
Q
p'
Yes.
Did you graduate from there?
Yes.
What was your experience at Cumberland
Valley? A good one? Good school? Bad school? What was
your experience?
A It was a school. I didn't graduate with my
class. I went back to school and graduated in '93.
MR. WAGNER: Cross-examine.
CROSS EXAMINATION
BY MR. ORR:
Q So you mentioned that you, in fact,
graduated from Cumberland Valley School District, is that
correct?
36
1
2
3
4
~
.--
6
7
8 isn't that true?
9
A
Q
A
Q
aren 1 t you?
A
Q
A
Q
A
I did not graduate.
Q
You did--
A
I did, yes.
Q
Your testimony was, you graduated from
5 Cumberland Valley School District?
21
22
23
24
25
A
Q
years old?
A
Q
grade?
A
A
Uh-huh.
10
11
12
13
14
15
16
17
Q
Not in your normal class. You quit school,
Uh-huh.
To go work at the restaurant?
Right.
Now you're living in Carlisle right now,
Correct.
And how long have you lived there?
Well, since the end of May.
Since the end of May. And Skyler is your
18 new wife's child, is that correct?
Uh-huh.
Is he going into second grade or first
He's going into first grade.
37
I
I'
I
!
.
8
9
1~
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4
A
school.
Q
year?
A
name of it.
t
5
You don't know the school he went to last
6
I know where it's at, but I don't know the
7
Q Okay. And what is his mailing address at
this point? Is he living also at the Pheasant Run address?
A Yes.
Q But he's enrolled in the Cumberland Valley
School District?
A Yes.
Q Why is that?
A Well, we're moving down there.
Q And I believe you testified, you have a
contract already signed to build a house, is that correct?
A Uh-huh.
Q Who's that with?
A The contract is with Tim Hoffman.
Q Tim Hoffman?
A. Uh-huh.
Q And that's a contract to build a house, is
25 that correct?
38
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"
A
Q
A
Q
A
Q
A
That 18 COt:l'ect.
On land that you already own?
Yes.
Any idea when it's going to be completed?
Hopefully, in 90 days.
Within !/O days?
Uh-huh.
Q Does the Cumberland Valley School District,
are they aware that you live in Carlisle?
A Yes, they are.
Q And they're aware that both these children
live in Carlisle, but you want, for one reason or another,
to have them enrolled in the Cumberland Valley School
District?
A Yes.
Q
They know that?
A Yes.
Q On your enrollment application, you put your
Carlisle address?
A Yes.
Q You didn't put the address of the restaurant
on that application?
A No.
Q So if I told you that the application says,
146 Millers Gap Road, I'd be lying to you, is that what
39
,/(JU' tOe t e lllrlg me ':od,~y?
A r don't think I put that address on.
Q Okay. You're not sure now?
A Well, no, I'm not sure.
Q Okay. Now you mentioned that you have
1
2
3
4
5
-.
,,-.....
6 plenty of time, you'll be able to run back and forth and
15
16
17
18
19
20
at 3:00?
7 pick the child up from school, because you're going to be
8 so close to the school because you work at the restaurant.
9 What time do you go in?
10
11
12
A
To the restaurant?
Q
Yes.
A
Well, it depends. During. the school, there
13 was one time. And during the summer is another time; 11 to
14 12:00 in the summer.
21
22
Q
What time does school start?
A
8:45.
Q
Are you the one driving them in at 8:45?
A
I will be, yeah.
Vi
f
y.
~
.~
:~
Q
And then you'll be the one picking them up
A
No, 3:45.
Q
3:45. Can you describe the relationship
23 that your stepson, Skyler, has with Kami?
24
25
A
Great.
Q
It's great?
40
-.,
A Great.
Q Any-- you don't know of any episodes of
violence between the two of them, do you?
A No.
Q No time where he's ever struck her or
anything like that?
A No, he hasn't.
Q Okay. Now any other children live there
with you and your new wife?
A No.
Q Now your work hours fluctuate, is that what
you testified to?
Yes.
Are you ever done working at 4, 5:00 in the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 married.
24
25
A
Q
afternoon?
A
Q
correct?
A
Q
No.
You work through the evening, is that
Yes.
And during those evening work hours, Kami is
at the restaurant a lot of that time, is that correct?
A
No, not anymore, not since I've been
Q
A
Not anymore?
Not since I've been married.
41
.......
Q Do you ever sit down and do any homework cr
anything with her?
1
2
3
4
5 example?
A
Q
Yes.
Did you do homework with her last year, for
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A
Q
At Montessori?
Yes?
A Yes.
Q Isn't it true that she had some fairly
significant problems ~t the Montessori School?
A No.,.
Q As far as completing her assignments and
whether they wanted to move her to first grade or not? Do
you recall any of that?
A Oh, I recall that, yes.
Q That she was having difficulty down there?
A I wouldn't call it difficulty-- the teachers
really didn't say it was difficulty.
Q But that they were reluctant to move her to
first grade, is that true?
A They said they had their opinion.
Q What was it?
A Their opinion was that, unless things could
get worked out, that she, you know, they felt she should be
either held back or, you know, move ahead.
42
~J'
""I
,~
1
Q
You don't have any firsthand knowledge of
2 the Cumberland Valley School District in recent years, do
3 you?
1
A
No.
5
Q In fact, it's just based on-- your firsthand
I
l
r;
I
t
6
knowledge of Cumberland Valley is based on Y0ur enrollment
7
dace when you went there in June and talked to the
8
principal and the teacher?
9
A Uh-huh.
10
Q
Is that the only time you've been there to
11 speak with the teacher?
12
A
Yes.
13
Q
Do you know how large the class is going to
14 be?
15
A
It will be around 20 children.
16
MR. ORR: I don't have any further
r
i
i
l
1
17
questions.
18 REDIRECT EXAMINATION
19 BY MR. WAGNER:
20
Q
Just real briefly. If you were to have the
21 kids in school where you live now, that would be Carlisle?
22
A
Correct.
23
If your home is bullt, then they would have
Q
24 to switch in the middle of the year to Cumberland Valley?
25
A
Correct.
13
1
Q
So wllE:n you appt'oachecl Cumber land Va lley,
2 they were aware oE the house, and rather than to have a
3 switch, it was decided they could attend the school where
4 you were building your home?
5
A
Yes, they said, they give 90 days from the
6 start of school, to transport the children to school if you
7 have to. If it runs over that time, just let them know,
8 and you have to do a-- talk to the supervisor of the school
9 and see if there would be a payment thing, some kind of
10 payment.
.
11
MR. ORR: I
12
MR. WAGNER: I understand. Thank you. No
13
further questions.
i
I,
14
MR. ORR:
Nothing further, Your Honor.
15
THE COURT: You may step down. Thank you
16 okay. Is that it?
17
MR. WAGNER: Yes, Your Honor. Thank you.
18 (Whereupon, the following Order of Court was
19 entered:)
20 ORDER OF COURT
21 AND Nml, this 16th day of August, 2000, upon
22 consideration of Plaintiff's Petition for Emergency Relief
23 with respect to the school which the parties' child, Kami
24 Rose Lumadue (date of birth, April 1, 19994) should attend,
25 dnd following a hearing, the record is declared closed, and
.J4
.~
r-
1 the matter is taken under advisement.
2 By the Court,
3 Isl J. Wesley 01er. Jr.
J.
4
5
THE COURT: I will enter an order within the
6 next day or two.
7
MR. WAGNER: Thank you, Judge.
8
MR. ORR: Thank you, Your Honor.
9
THE COURT: Thank you.
10
(Whereupon, the proceedings concluded at
11
9:09 a.m.)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
45
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C E R T r F I CAT r 0 N
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of ,
same.
Ll~L
ter
---------------------------~---
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
"
J: '~'l, 6
Date
7 . _ I
.'( ,
/ _.J
J.
46