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HomeMy WebLinkAbout09-4124 MARLIES RIES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NIOVIL ACTION -c LAWS/V, /,`1-n STEVEN SWARTZ, Defendant IN CUSTODY 1. The Plaintiff is Marlies Ries, an adult individual, residing at 1925 Sterretts G Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Steven Swartz, an adult individual, residing at 117 East Mai Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 3. Plaintiff seeks custody of the following children: Andrew Swartz, born July 26, 1992, and Alicia Swartz, born April 18, 1994. The children were not born out of wedlock The children are presently in the custody of Father who resides at 117 East Main Street, Walnut Bottom, PA 17266. COMPLAINT FOR CUSTODY During the past five years, the children have resided with the following persons and at SAIDIS, MOWER & LINDSAY 26 West High Street Carlisle, PA the following addresses: Name Address Dates Plaintiff and her husband, Dan Ries 1925 Sterretts Gap Avenue Carlisle, PA 17013 Alicia Swartz resided with: Steven Swartz and his wife, 117 East Main Street Natasha Swartz Walnut Bottom, PA 17266 and Andrew Swartz resided with: Plaintiff and her husband, 1925 Sterretts Gap Avenue Dan Ries Carlisle, PA 17013 2002 through 2006 2006 to 2007 2006 to 2007 ¦ Steven Swartz and his wife, 117 East Main Street Natasha Swartz Walnut Bottom, PA 17266 2007 to present The mother of the children is Marlies Ries, currently residing at 1925 Sterretts Ga Avenue, Carlisle, Pennsylvania 17013. She is married. The father of the child is Steven Swartz, currently residing at 117 East Main Street) Walnut Bottom, Pennsylvania 17266. He is married.. 4. The relationship of Plaintiff to the child is that of Mother. 5. The relationship of Defendant to the child is that of Father. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physica custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served granting the relief requested for the following reasons: a. The children in this case lived primarily with the Plaintiff/Mother after th parties' separation in 1996 until 2006 when their daughter, Alicia went to live SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Defendant Father. The following year, Andrew also began residing with Defend Father. b. From 2007 into 2008, the children were visiting every weekend with the! mother who attended all of their activities and took them to church activities. ¦ C. Commencing 2008, Father stopped providing information to Mothe regarding the children and would not respond to emails or telephone calls. approximately the same time, the children resisted coming to Mother's home for averring discontent with Mother's husband, Dan Ries. At this time, Mother visited the children every weekend at an apartment below her parents' house. In Oct, 2008, Natasha Swartz responded that Mother was not to call until she "put her chi first." d. Father's occupation has him out of town during the week, often gone Monday to Friday, and the children are left in the home of their stepmother. e. The parties' son, Andrew, is failing in school after years of having to above average grades as attested by the attached Notice from Big Spring School. In addition, the school counselor is concerned about the child's attitude towa school as set out in the letter of February 12, 2009. f. Mother has written to Father seeking counseling for the children herself and seeking to avoid litigation. There was no response to Mother's request. 8. Each parent whose parental rights to the children have not been terminated a the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order requiring F SAIDIS, FLOWER LINDSAY 26 West High Street Carlisle, PA and his wife to provide the children to attend therapy with Mother or without, at the direction the therapist, at the times and places directed by the therapist and such other relief as the Cour deems in the children's interest. SAI ?,S,,/FL SAY It r/--? Carol J. Linds quire I I D No. 4469 I 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. ?? 0' Marlies Ries . Date:- 15 SAII)IS, FLOWER & LINDSAY ?:? 26 West High Street Carlisle, PA GAF ? Rt???oz.',?? ?rtlpY 1 6 PH 2: S 7 pd ?/usso ?y ,u?? ?? cr sib MARLIES RIES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN SWARTZ DEFENDANT 2009-4124 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 31, 2009 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ John . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Tt 2 0 9 9 i G# ,..