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HomeMy WebLinkAbout03-3595WESLEY A. SWARTZ, Plaintiff SHEILA D. SWARTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. o3 -- ,J,~'" CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY Plaintiff is Wesley A. Swartz, an adult individual currently residing at 183 Zion Road, Newburg, Cumberland County, Pennsylvania. Defendant is Sheila D. Swartz, an adult individual currently residing at 52 Rosedale Avenue, Hershey, Dauphin County, Pennsylvania. The parties are the natural parents of two (2) children, namely, Leara Sue Swartz, bom November 7, 1996, and Logan Wayne Swartz, born September 24, 1994. The children were not bom out of wedlock. For the past five (5) years, the children have resided with the following persons at the following addresses for the following periods of time: NAME Wesley A. Swartz Sheila D. Swartz ADDRESS 183 Zion Road Newburg, PA 17240 DATES 1998 to approximately June, 2003 The natural mother of the children is Sheila D. Swartz who resides as aforesaid. She is married to Father. The natural father of the children is Wesley A. Swartz who resides as aforesaid. He is married to Mother. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides alone and has primary physical custody of the parties' minor son and custody of the parties' minor daughter when Mother allows him to have custody of her. The relationship of the Defendant to the children is that of natural mother. Defendant currently resides with Joe Forensic and the parties' minor daughter when she is not in Father's custody. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) On or about Saturday, July 19, 2003, Mother vacated the marital residence and has proposed sharing custody of the children to the effect that Mother would have primary physical custody of daughter and Plaintiff would have primary physical custody of son. Plaintiff believes this is not in the best interests of the children and believes that the children should be raised together; b) On the same day, Mother refused to allow Father to have contact with the parties' minor daughter; c) Previously, the parties' minor son was refusing to have contact or visitation with Mother because of Mother's friend, Mr. Forensic; d) The children have benefited in the past from having a relationship with Father and will continue to benefit from having a relationship with Father; and e) Mother cannot solely provide for the emotional well-being of the children including the parties' daughter. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests Your Honorable Court to schedule a Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the children. Respectfully submitted, Attorney for P/i~ntiff ( ~ Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION 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 unswom falsifications to authorities. DATE: 7- WESLEY A. SWARTZ PLAINTIFF V. SHEILA D, SWARTZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-3595 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 05, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ituhert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 04, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be vresent at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FORTHECOURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator Ttxe Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business befbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. WESLEY A. SWARTZ, : CIVIL ACTION - LAW Plaintiff : : v : NO. 03-3595 : SHEILA D. SWARTZ, : Defendant : IN CUSTODY . PRAEClPE FOR ENTRY OF APPEARANCE To The Prothonotary: Please enter my appearance on behalf of the Defendant, Sheila D. Swartz, in the above captioned matter. Respectfully Submitted, DIVEGLIA & KAYLOR, P.C. By: Cynthia ~. Kaylor, Esquire ~r- Attorney I.D. #55779 Two Lincoln Way West New Oxford, Pennsylvania 17350 (717) 624-2500 Fax (717) 624-3851 4:" SEP 5 ZOO3 WESLEY A. SWARTZ, Plaintiff V SHEILA D. SWARTZ, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : NO. 2003 - 3595 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ ~'day of September, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled__v:~in Courtroom No.v. ~__~___ -~__~ of the Cumberland County Courthouse on the ~ day of ~ , 2003, at ~ ~..~A .M. At this hearing, the Mother, Sheila D. Swartz, 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, each parties position on those issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. Pending further order of this court, the following temporary custody order is entered: The Father, Wesley A. Swartz, and the Mother, Sheila D. Swartz, shall enjoy shared legal custody of Leara S. Swartz, born November 7, 1996; and Logan W. Swartz, born September 24, 1994. The Mother shall enjoy primary physical custody of Leara and the Father shall enjoy primary physical custody of Logan. The parties shall exchange custody of the minor children on alternating weekends to ensure the children are with each other each weekend. The parties shall cooperate with respect to setting the timeframes for exchange of custody and the arrangement for exchange of custody, and also to address any holiday issues between the date of this order and the date of the hearing. Prior to the hearing and in the event legal counsel for the parties believe that an opportunity exists to settle the case with the aid of an additional custody conciliation conference, counsel for either party may contact the conciliator to initiate a second custody conciliation conference. cc: ~,~thia A. Kaylor, Esquire ~endy J. F. Grella, Esquire WESLEY A. SWARTZ, Plaintiff SHEILA D. SWARTZ, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003- 3595 CIVIL : IN CUSTODY Prior Judge: 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Leara S. Swartz, born November 7, 1996; and Logan W. Swartz, born September 24, 1994. o A Conciliation Conference was held on September 4, 2003, with the following individuals in attendance: The Father, Wesley A. Swartz, with his counsel, Wendy J. F. Grella, Esquire; and the Mother, Sheila D. Swartz, with her counsel, Cynthia A. Kaylor, Esquire. o The parties separated in May or June of this year. Primarily, the minor son has resided with the Father and the minor daughter has resided with the Mother. Father lives in Newburg and Mother lives in Hershey. The son has started school in Shippensburg, and the daughter has started school in Hershey. Mother is seeking primary physical custody of both children, and suggests there are a variety of reasons why she should be the primary custodian. Father is satisfied to continue under the current custodial situation. The parties cannot agree on that issue and a hearing is required. Pending a hearing in this case, the conciliator feels the existing custodial arrangement should remain in place in light of the fact that the parties have been working on that arrangement since mid-June and in light of the fact that the son has already been enrolled in the Shippensburg School District for two weeks. The son did attend the Shippensburg School District last year. 4. The conciliator recommends the entry of an order in the form as attached. DATE Hubert X. Gdroy, ~quire Custody Concilia/t6r WESLEY A. SWARTZ, Plaintiff SHEILA D. SWARTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA | CIVIL ACTION - LAW 0Cl 1 5 2~03 NO. 03-3595 1N CUSTODY CIVIL TERM ORDER OF COURT ANDNOWthis ~l~dayof ~t~$*'~ , 2003, the attached Stipulation for an Agreed Order of Custody is hereby made an Order of Court. CC: t~endy J. F. Grella, Esquire Attorney for Plaintiff ~4~ynthia A. Kaylor, Esquire, Attorney for Defendant