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Home My WebLink About02-5777 DONNA W, SWEENEY, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY M. SWEENEY, Defendant CIVIL ACTION - LAW NO.f'.l- 5'777 CIVIL TERM IN CUSTODY PETITION FOR CUSTODY AND NOW, comes the Plaintiff, Donna W. Sweeney, by and through her attorneys, IRWIN, McKNIGHT & HUGHES and files this Petition for Custody, making the following statement: 1. The Plaintiff is Donna W. Sweeney, an adult individual residing at 105 Y ocumtown Road, Etters, Pennsylvania 17319. 2. The Defendant is Timothy M. Sweeney, an adult individual residing at 607 5th Street, New Cumberland, Pennsylvania 17070. 3. The parties in this matter were married on June 1, 1991 and separated on July 18, 2002. 4. There are two children born to this marriage, namely Hannah Sweeney, date of birth 5-18-94; and Rebecca Sweeney, date of birth 4-9-96. 5. Since the date of separation, the children have lived primarily with the Plaintiff, and the Defendant has had periods of partial physical custody every Sunday from I :00 p.m. through 5:00 p.m. 6. During the marriage the Defendant displayed several years of abuse of alcohol and drug use and was unable to care for the children due to extreme intoxication. Dated: 7. Although the Defendant has had two (2) overnight visits with the children, the Plaintiff has no assurances of safety for the children and fears for their well-being if additional overnight visits occur. 8. The Plaintiff believes and therefore avers that the best interests of the children would be served if she were granted primary physical custody of the minor children WHEREFORE, the Plaintiff respectfully requests that she be granted primary physical custody of the minor children, Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Rebecca R. Hughes, Esquire Attorney for the Plaintiff 60 West Pomfret Street Carlisle, P A 17013 717-249-2353 Supreme Court 1.D. No: 67212 /1- Z{d ,2002 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C,S.A. Section 4904, relating to unsworn falsification to authorities. f)0fA/fA 1f('u:~ DONNA w. SWEE Date: 1/ - 20 ,2002 ~ --.. W '!l-..l -\) <>Q ~ :0::. <;u ~ \JJ -< "I- 9-v -C' vJ ~ '" ,C) '1 () ~ --- t-- ~ ?:'" , \"':' -"t_' (:. ~ll' .<'~- (') ~ !:>'- .....:- ,"-~ ' .L- ,'--, j;.~; ~;l -~ (") c " C~':) '--I - , 1'': \_=:J ';', i'-') C..' --,'I ,..- :-;, :J :u -" JAN 2 1 Z003 ~ DONNA W. SWEENEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5777 CIVIL TERM v, CIVIL ACTION - LAW TIMOTHY M. SWEENEY, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this ~ day of l' ?--" '-' 2J ) , 2003, upon consideration of the attached Custody Conciliation Summary Report, it IS hereby ordered and directed as follows: 1. Phvsical Custody. The parents, Donna W. Sweeney and Timothy M. Sweeney, shall have shared legal custody of the minor children, Hannah Sweeney, born May 18, 1994 and Rebecca Sweeney, born April 9, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. S5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Phvsical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be temporarily arranged as follows: A. Each Thursday, to commence January 9, 2003, from 5:30 to 8:30 p.m. E; f:'-S ..-. .~~::,5.: ~...;'~ (-;, l.l,.. ~:- , ,~ r-'~. LLJ ti t~ }:':: u.... o C":' ~ 5~ pz <'J~ ~:J:::-j ?>- ~.~ ;-""z :.DtU '.Do... 'S 5 <.) 0- .:r N ....... ~~ or.:!: J (V) o NO. 02-5777 CIVIL TERM B. 6:00 p.m. Each Sunday, to commence January 12, 2003, from 1 :00 p.m. to C. Alternating Saturdays, to commence January 18, 2003, from 10:00 a.m. to 8:00 p.m. 3. Transportation. Transportation shall be shared by the parent receiving custody being the parent to provide transportation incident to the custodial exchange. 4. Father shall not consume alcohol for a continuous eight (8) hour period of time preceding and throughout any period of custody. 5. The parties shall participate in a drug and alcohol/co-dependency evaluation with both parents participating and to include five (5) counseling sessions post-evaluation. The provider shall be Interworks, unless agreed otherwise. A report shall issue following the completion of the counseling sessions. Because the parties have agreed to this report being released to counsel, the parties will need to sign a Consent for Release of Confidential Information. Counsel shall work cooperatively to make the joint referral to the Certified Addictions Counselor, identifying the issues of concern. 6, Within thirty (30) days of counsel's receipt of the report from the Certified Addictions Counselor, if counsel for either party deems it necessary to reconvene the Custody Conciliation Conference, an additional Conference may be scheduled upon a letter from counsel to the Conciliator's office. 7. Unless otherwise agreed, the cost of the evaluation will be borne in the same ratio as their net incomes. BY THE COURT: J. Dist: Rebecca A. Hughes, Esquire, 60 W, Pomfret Street, Carlisle, PA 17013 ') f.uU.<A' ~ /-Oy.{JJ Brian C, Bornman, Esquire, 714 Bridge Street, PO Box 461, New Cumberland, PA 17070 / - r ~ . DONNA W. SWEENEY, JAN 2 1 Z003 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5777 CIVIL TERM v. CIVIL ACTION - LAW TIMOTHY M. SWEENEY, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Hannah Sweeney Rebecca Sweeney May 18, 1994 April 9, 1996 Mother Mother 2. A Custody Conciliation Conference was held on January 7, 2003 pursuant to Mother's Petition for Custody filed on December 3, 2002. Present for the conference were: the Mother, Donna W. Sweeney, and her counsel, Rebecca Hughes; the Father, Timothy M. Sweeney, and his counsel, Brian C. Bornman, Esquire. 3. The parties reached an agreement in the of an Order as attached. IIIC) (03 Date :200119