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Home My WebLink About06-0617 ~. SANDRA DEE NEELY, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- (,/7 CIVIL TERM DONALD EDWARD SWARTZ, JR, Defendant CUSTODY COMPLAINT FOR CUSTODY L Plaintiff is Sandra Dee Neely, hereinafter referred to as Mother. Mother's mailing address is Post Office Box 1114, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Donald Edward Swartz, Jr., hereinafter referred to Father. Father resides at 350 West King Street, Chambersburg, Franklin County, Pennsylvania 17201-1520. 3. Mother seeks primary physical custody of the minor children: Name Shannon Swartz Present Residence 250 W. King Street Chambersburg, P A Age 5/28/1993 DOB 12 years old Emily Swartz P.O. Box 1114 Carlisle, P A 8/20/1995 DOB 10 years old The children, Shannon and Emily, were born out of wedlock. The children were in the custody of Mother since the parties separated about 7 years ago. Since January 22,2006, Father has refused to return Shannon to Mother's custody and he continues to retain custody of Shannon. Emily is still in Mother's custody. During her lifetime, Shannon has resided with the following persons and at the following addresses: Name Address Date Sandra Neely Donald Swartz, Jr 59 North East Street Carlisle, P A birth - 8/95 Sandra Neely Donald Swartz, Jr. Emily Swartz 59 North East Street Carlisle, P A 8/95-9/95 Sandra Neely Donald Swartz, Jr. Emily Swartz Sandra Neely Donald Swartz, Jr. Emily Swartz Sandra Neely Emily Swartz Sandra Neely Chip Nestor Emily Swartz Donald Swartz, Jr. Christine Swartz Autum Fife 144 W. Church Street Carlisle, P A 9/95 ~ 10/98 3090 Spring Road Carlisle, P A 1 0/98 ~ early 1999 3090 Spring Road Carlisle, P A early 1999 - 7/99 3090 Spring Road Carlisle, P A 7 /99 ~ 1/22/06 350 W. King Street Chambers burg, P A 1/22/06 ~ present During her lifetime, Emily, has resided with the following persons and at the following addresses: Name Sandra Neely Donald Swartz, Jr. Shannon Swartz Sandra Neely Donald Swartz, Jr. Shannon Swartz Sandra Neely Donald Swartz, Jr. Shannon Swartz Sandra Neely Shannon Swartz Sandra Neely Chip Nestor Shannon Swartz Sandra Neely Chip Nestor Address 59 North East Street Carlisle, P A Date birth - 9/95 144 W. Church Street Carlisle, P A 9/95 ~ 10/98 3090 Spring Road Carlisle, P A 10/98 ~ early 1999 3090 Spring Road Carlisle, P A early 1999 - 7/99 3090 Spring Road Carlisle, PA 7/99 - 1/22/06 3090 Spring Road Carlisle, P A 1/22/06 - present -" 5. Mother currently resides with the following persons: Name Relationship Chip Nestor Boyfriend Emily Swartz Daughter with Father 6. Father lives with the following persons: Name Christine Swartz Autum Fife Shannon Swartz Relationship Wife Wife's daughter - prior relationship Daughter with Mother 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of the children in this or another court. 7. Mother has no information of a custody proceeding concerning the children pending in a court ofthis Commonwealth. 8. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a. Since the children were born, Mother has provided for the children's emotional, physical, educational, financial and medical needs. b. Since the children were born, Mother has been the parent primarily responsible for their daily care and because Father did not have a driver's license during the course of their relationship, Mother had to be the parent primarily responsible for dealing with school activities, medical appointments, WIC appointments and other such activities. c. Mother has a stable home environment that is safe and appropriate for the daily care of the children and has been the primary custodian and caretaker since the parties separated about seven (7) years ago. d. Mother is willing to communicate with and work cooperatively with Father to co- parent the children and will encourage father/daughter relationships with both children. 10. Father has not acted in the children's best interests in ways including but not limited to the following: a. Father took Shannon for a visit the weekend of January 20-January 22, 2006. On January 22, 2006, Father advised Mother that he was not returning Shannon to Mother's home. b. Since January 22, 2006, Father has denied Mother all contact with Shannon. c. On January 25, 2006, without Mother's consent, Father enrolled Shannon for school in Chambersburg. d. Father has demonstrated no concern for the well-being of the children in that he has separated the girls without consideration of the fact that they have never been raised apart. e. Father has not participated m Shannon's medical care and subsequently, has historically failed to ensure that Shannon takes her prescribed medication for ADHD. Father's failure to follow recommended treatment is likely to have a negative impact on the improvements and successes that Shannon has accomplished in school while working with Mother, the school and medical professionals. ~. f. Father's actions m prohibiting contact between Mother and Shannon is detrimental to the mother/daughter relationship and does not serve Shannon's best interests. g. Father has a history of DUI convictions and problems with alcohol abuse. This causes Mother to fear that Father is unable to provide for the daily needs of a teenage daughter who needs rules, discipline and limitations. 12. Every person with rights to custody or having actual physical custody of the children has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of the children. 2. That Mother shall have primary physical custody of the children. 3. That Father shall have periods of partial custody on alternating weekends from Fridays at 6:00 p.m. until Sundays at 6:00 p.m. 4. That the non-custodial parent shall have reasonable telephone contact with the children while they are with the other parent 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with the children during various holidays. 6. Any other relief this Court finds just and equitable. Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 .' VERIFICATION The above-named PLAINTIFF, Sandra Dee Neely, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. '1 Date: ()/- <30 - G& \. / (LiL,-clUlz 1) , Sanara Dee Neely -I ]Uj_(j- . SANDRA DEE NEELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- CIVIL TERM DONALD EDWARD SWARTZ, JR, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Donald Edward Swartz, Jr. with a I , 2006 by certified mail, return receipt, restricted delivery, to the person and address below: Donald Edward Swartz, Jr. 350 W. King Street Chanbersburg, PA 17201-1520 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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. Date At1;?t-'lv1 Signature' '):, \l.l. ~ ,~ ' o l~:~ ....., ~:-:; 0' o ., -1 I-n rn~- ,~ "l,?\" ;)~? ,:r~ ~T~ :)"'C) ,:jrn 0-; ,<- -xl -< (..,- J:"" -:,; (..) "'" ~-"'" -,". (~) UJ o SANDRA DEE NEELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 06- V CIVIL TERM DONALD EDWARD SWARTZ, JR, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Sandra Neely, Plaintiff, to proceed in forma pauperis. 1, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. J essic H Is, squire Mid enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 '" c;::> c;;:) C--' o -n , ::;:l Gl :21 -0;'-: :nO ,'~L ~.;~~: ".. -r" )-~ ">0 cS,-n > ::::L'1 .< )" - w J::;:<:. '.0 0::> SANDRA DEE NEELY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- ~ /7 CIVIL TERM DONALD EDW ARD SWARTZ, JR, Defendant CUSTODY o c- ,..." c:~ ..-~ cr- <- ~ w PETITION FOR SPECIAL RELIEF ;;::: .:Jf... o ., ..... 'X"T1 n'F -om ','7 j;--,~() _..,,-:-\ --'1 ("; ;~C)m ~:-; :J:; :< Petitioner, Sandra Neely, by and through her counsel, MidPenn Legal Services, stateS-tit", following: ":} ,~, .c- o I, Petitioner is the above-named Plaintiff, hereinafter refen'ed to as Mother, who has a mailing address of Post Office Box 1114, Carlisle, Cumberland County, pennsylvania 17013. 2. Respondent is the above-named Defendant, and resides at 350 West King Street, Chambersburg, Franklin County, Pennsylvania 17201. 3. The parties are the natural and biological parents of the minor children, Shannon Swartz, born May 28, 1993 and Emily Swartz, born August 20, 1995. 4. Defendant is not acting in the children's best interests for reasons including, but not limited to, the following: a. On January 20, 2006, Defendant took the older daughter, Shannon, for a weekend visit On Sunday, January 22, 2006, Defendant refused to return Shannon to Mother's home. b. Since Sunday, January 22, 2006, Defendant has refused to allow Mother any contact with Shannon and he has further registered Shannon for school in Chambersburg. , c. Defendant's actions have had a negative impact on the younger daughter, Emily, because he has separated siblings who have lived together all their lives. This is traumatic to Emily and Defendant has completely disregarded the impact of his actions on her. d. Defendant has never provided daily care for the children nor was he ever the primary caretaker for the children. e. Defendant has a history of problems with alcohol abuse and DUI convictions which, in fact, interfered with his ability to exercise any custody with the children because he did not have a valid driver's license and could not transport the children anywhere. f. Defendant historically has failed to gIve Shannon her Adderrall medication required for her ADHD diagnosis and Mother is concerned that Defendant will not require Shannon to comply with taking the medication as prescribed. This is medically prescribed and necessary to her ongoing success m schooL Defendant's decision to determine what is medically best for Shannon is detrimental to her well-being and does not serve her best interests. 5. Mother is the parent who can best provide for Shannon and Emily for reasons including, but not limited to, the following: a. Mother is presently able to provide for both girls by giving them a nurturing and stable home environment and providing for their emotional, physical, medical and educational needs. b. Since the girls were born, Mother is the person who has provided for their daily needs and did so with little assistance from Defendant. More specifically, since Defendant did not have a valid driver's license while the parties were together, Mother not only had to be the primary caretaker in the home, she had to provide all transportation to the girls' activities, medical appointments, or other matters, c. Mother can best ensure that Defendant is able to maintain a father/daughter relationship with the girls. d. Mother is concerned about the impact of Defendant's actions on the girls because they have not been separated before and Defendant has refused to allow contact with Shannon. e. Mother has worked very hard to help Shannon succeed in school and has been solely responsible for getting Shannon to a doctor and diagnosed with ADHD. Mother ensures that Shannon takes her medication as prescribed and since the diagnosis, Shannon's grades and school performance have improved. Mother fears that the change in schools and Defendant's history of failing to comply with medical care will be detrimental to Shannon and will cause her to suffer in schooL WHEREFORE, Mother respectfully requests that the Court order the following: a, That Defendant shall immediately return Shannon to Mother's custody. b, That this matter shall be scheduled for a custody conciliation to determine a more specific custody schedule regarding the girls. c. That until the conciliation the parties shall have shared legal custody of the children. d. That until the conciliaton, Mother shall have primary physical custody of the , children. < e. That until the conciliation, Defendant shall have periods of partial physical custody on alternating weekends from Friday to Sunday. J essic olst, Esquire Mid enn Legal Services 401 E. Louther Street Carlisle, P A 17013 VERIFICATION The above-named PLAINTIFF, Sandra Dee Neely, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. (";'2}_/I) Date: )/-,~)L L)({J ') ( .,JO l^--d~e?c -- sandra Dee Neely n A'" ; /L"" ~.f2U_f~ , \ , . . SANDRA DEE NEELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- &11 CIVIL TERL\1 DONALD EDWARD SWARTZ, JR, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, d hereby swear that I served Donald Edward Swartz, Jr. with a Petition for Special Relief on ~ , 2006 by certified mail, return receipt, restricted delivery, to the person and ad ress below: Donald Edward Swartz, Jr. 350 West King Street Chambersburg, PA 17201-1520 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and corrcct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 rei 'fig to unsworn falsification to authorities. Date: Signature: , . ,.... SANDRA DEE NEELY, Plaintiff vs. DONALD EDWARD SWARTZ, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-617 CIVIL TERM CUSTODY PRAECIPE TO WITHDRAW PETITION To the Prothonotary: Please withdraw without prejudice the Petition for Special Relief brought by Plaintiff, Sandra Dee Neely, in the above captioned case, Respectfully ~bmitted: " , ) '//1 /'~'~/ ~;~~;Z~Sq. .,'",'., MIDPENN LEGAL SERVICES 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 r--::1 ~-J Co::) ..:.~ -" - S2. " 01 C:J \ 1''' -; r..) c:::-> CP . SANDRA DEE NEELY PLAINTIFF IN THE COURT OF COMtvlON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-617 CIVIL ACTION LA W DONALD EDWARD SWARTZ, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Tbursday, February 02. 2006 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. . the conciliator, at 4tb Floor, Cumberland County Courtbouse. Carlisle on __.2bursday, Febru,,'1:..2:h.200~_ _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearill!!. FOR THE COURT. By: Isl Hubert X Gilrov. Esq. Custody Conciliator If' VJ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court. please contact our oflice. All arrangements must be made at least n 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 HA VE 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 170 I 3 Telephone (717) 249-3 166 ~~'$ ---/~r/~ ., ,~z ~ ~6?4< ->;x' j? ~mr~.7 ~ \ "~[,'! v.~:",jr~'jd \/h"ii\ f/,.""," '-l"inn~ AJr'Jric!'''') ':'~:;':' ,1_,";. ~;11, I 00 :21 ~ld 8- 83.:1 gOal ,. :JLjl :10 l' " IF.-" \ii'-'"..., \ I ..)~ I\~::r<)lt)~ ".',-,J ";;:: (l:tTj :i~.H_-LL..-'.".,U ' :70. ~- ,.." "-', '51:7 .['. t! "/'0 r e 'Y- R'::C'::lvED MAR 0 ';:' r.( SANDRA DEE NEELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DONALD EDWARD SWARTZ, JR., Defendant NO. 06-617 IN CUSTODY COURT ORDER AND NOW, this )J {{ day of VV1?~ t- L, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Sandra Dee Neely, and the father, Donald Edward Swartz, Jr., shall enjoy shared legal custody of Shannon R. Swartz, born May 28, 1993 and Emily A. Swartz, born August 20, 1995. 2. The mother shall have primary physical custody of Emily and the father shall have primary physical custody of Shannon. 3. The parties shall alternate custody of the minor children on weekends under the following four week scheduled: a. For one weekend, both children shall be with father, for the second weekend both children shall be with mother, for the third weekend Emily shall be with father and Shannon shall be with mother, and for the fourth weekend Shannon shall remain with father and Emily shall remain with mother. 4. The parties shall share custody of the minor children on holidays pursuant to a schedule arranged between the parties. "1 5. The parties shall participate in counseling aud include Shannon and Emily as appropriate to address any issues that are currently in existence and that require the intervention of a counselor. 6. In the event either party decides to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, c~sica Holst, Esquire ...>>6nald Edward Swartz, Jr. .J "OLP ,dO oS SANDRA DEE NEELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DONALD EDW ARD SWARTZ, JR., Defendant NO. 06-617 IN CUSTODY 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 children who are the subject of this litigation is as follows: Shannon R. Swartz, born May 28, 1993 and Emily A. Swartz, born August 20, 1995. 2. A Conciliation Conference was held on Febrnary 23, 2006, with the following individuals in attendance: The mother, Shannon Dee Neey, with her counsel, Jessica Holst, Esquire, and the father, Donald Edward Swartz, Jr., who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. }'~&-Cy DATE Hubert X. G' y, Esquire Custody Con iliator