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Home My WebLink About99-04842 V wo io CATHERINE F. SWEENEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY L. SWEENEY, JR. 99-4842 CIVIL TERM ORDER OF COURT AND NOW, this 11 day of August, 1999, the within petition for special relief, IS DENIED at this time without a hearing. Under the averments in the petition "The mother and father still live in the Carlisle School District." A threat to move is not a move. By the Court, AA A Edgar B. Bayley, J. John H. Broujos, Esquire For Catherine F. Sween Anthony L. DeLuca, Esq Harry L. Sweeney, Jr. 502 First Street Carlisle, PA 17013 Court Administrator :saa ey wire ?13/? (?dllcta /GL BROUJOs & GILROY p C h a .' . , . ATMRNM AT. LAw .4 NORTH, HANOVRR sTRMrj ? CARLMU, PENMYLVANIA, 17013 fl ` Ga,.:^ 7117.4434574 766-1690 PLAINTIFF V. HARRY L. SWEF.NEY,.IR., DEFENDANT w MIDLKLAINV?UIJUNTY, PENNSV 99VIL1PaNLc.?i l CUSTODY AND SPECIAL RELIEF ORDER AND NOW this day of August, 1999, upon Petition for Special Relief, it is ordered and directed that a hearing be held on the day of August, 1999, at o'clock - In. in Court Room No. _ in the Courthouse, Carlisle, Pennsylvania on the issues of immediate custody set forth in the Petition. BY THE COURT: IN RE: IN THE COURT OF COMMON PLEAS OF CATHERINE F.SWEENEY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF , CIVIL DIVISION LAW v. 99 HARRY L. SWEENEY, JR., : CUSTODY DEFENDANT ORDER OF COURT AND NOW, this day of August, 1999, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Conciliator, at 39 W. Main Street, Mechanicsburg, PA 17055. on the A day of_?W1999, at l l • VO _Q.m., for a preheating 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: BY:iiC(??1 R? Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEIII40NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 r. gig 9?' yla ./??9 91- e14K IN RE: IN THE COURT OF COMMON PLEAS OF CATHERINE F.SWEENEY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL DIVISION LAW V. 99 HARRY L.SWEENF.Y,JR., CUSTODY DEFENDANT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and tiling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE: 717 - 240-6200 IN RE: CATHERINE F. SWEENEY, PLAINTIFF v. HARRY L. SWEENF.Y, JR., DEFENDANT CUSTODY COMPLAINT FOR CUSTODY OF MINOR CHILD AND PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff Catherine F. Sweeney by and through her attorneys, Broujos & Gilroy, P.C., and avers as follows: Plaintiff is Catherine F. Sweeney an adult individual residing at 920 Hamilton Street, Carlisle, Pennsylvania. 17013. Cumberland County. 2. Defendant is Harry L. Sweeney, Jr., an adult individual residing at 502 First Street, Carlisle, Pennsylvania. 17013, Cumberland County. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW 99 L CUSTODY OF CHILD 3. Plaintiff seeks custody of the child Jennifer Lynn Sweeney (daughter), residing at 502 First Street, Carlisle, Pennsylvania. 17013, Cumberland County. • Jennifer Lynn Sweeney was born Carlisle Hospital, Carlisle, Pennsylvania, 17013, Cumberland County on June 21. 1986. • The child was bom out of wedlock to Catherine F. Dick (Sweeney) and Harry L. Sweeney, Jr. • The child is presently in the custody of Defendant. Defendant resides at 502 First Street, Carlisle, Pennsylvania, 17013. Cumberland County. • During the past five years, the child has resided with the following persons and at the following addresses: Person Address Dates Father 502 First Street 3/15/99 to present Carlisle. Pennsylvania 17013 Mother & Father 920 Hamilton Street 8/96 to 3/15/99 Carlisle, Pennsylvania 17013 Mother & Father 28 Trine Avenue 1/87 to 8/96 Mt. Holly Springs, Pennsylvania 17065 • The mother of the child is Catherine F. Sweeney, currently residing at 920 Hamilton Street, Carlisle, Pennsylvania, 17013, Cumberland County. • She is married to Defendant. • The father of the child is Harry L. Sweeney, Jr., currently residing at 502 First Street, Carlisle, Pennsylvania, 17013, Cumberland County. • He is married to Plaintiff. 4. The relationship of Plaintiff to the children is that of mother. • The Plaintiff currently resides with the following persons: a j Name Relationshin Everett F. Carney, III Son, age 17 The relationship of Defendant to the children is that of father. • The Defendant currently resides with the following persons: Name Relationship Jennifer L. Sweeney Daughter, age 13 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information ofa custody proceeding concerning the children pending in a Court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody of visitation rights with respect to the children. If. REQUEST FOR SPECIAL RELIEF 9. A. Defendant has threatened to move to South Middleton Township with the child and to enroll the child in the South Middleton School District. This arbitrary action violates the shared legal custody implicit in parent-child relationship. B. There is no prior order or agreement. Since the child has attended school in the Carlisle Area School District during her entire school life, plaintiff desires to have custody of the child in order to ensure continued education in the same school district. The first day of school begins on or about August 23, 1999. C. Continued matriculation at the Carlisle Area School District is essential in the best interest of the child. The Child desires to remain in the Carlisle Area School District; she has participated in color guard and softball within the District. She has close friends within the District and goes to school with Abgbey Enis, Dnaielle Swartz, and Raquel Barnett. D. The Child has indicated she wants counselling, to which Defendant objects; and Plaintiff will pay for the counselling. The Child is at an age where she can benefit from a closer relationship with the mother. E. Plaintiff desires to avoid the confusion of having continuously attended one school district and having the father at the last minute enroll the child in another school district. The best interest and permanent welfare of the child will be served by granting the relief requested because of the above circumstances; because the child has been in the custody of the Plaintiff and Defendant continuously since the child's birth, except since March 1999, and because the Plaintiff is capable of providing for the children. 10. Each parent who has parental rights to the child which have not been terminated and the person who has physical custody of the child are parties to the action. WHEREFORE, Plaintiff requests this Court to hold an immediate hearing for Special Relief and to grant immediate custody of the Child to Plaintiff; with referral to the conciliator for final visitation arrangements. August 11, 1999 J hn H Broujos, Esquire A r y for Plaintiff BROUJOS & GILROY. P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX# 717/243-8227 I verify that the statements made in this pleading 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 unworn falsification to authorities. Catherine F. Sweeney r cJ - SEP 2 0 1999 CATHERINE F. SWEENEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-4842 CIVIL TERM HARRY L. SWEENEY, JR., Defendant IM CUSTODY ORDER OF COURT AND NOW, this 14th day of September, 1999, the Conciliator, upon the request of counsel for the Plaintiff, hereby relinquishes jurisdiction in this case on the basis that an agreement has been reached between the parties as to custody. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator H rw:- N CV ^iA 7 P., u LLJ N t] fl Ch n cn V