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HomeMy WebLinkAbout07-5473 THOMAS n. GoULD, ESQUIRE 2 EAST DRAIN STREET SHIREMANSTC~IPN, PA 17011 (717) 731-1461 LUKE 3WEENEY, IN THE COURT OF CO1~lON PLEAS Plaintiff CUI~ERLAND COUNTY, PENNSYLVANIA v , NO. O 7- .S'-1 ~-~ CIVIL TERM ANGEL SWEENEY, CIVIL ACTION - LAW Defendant CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Luke Sweeney residing at 1109 Apple Drive, Apartment 6, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Angel Sweeney who resides at 105 N. East Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks legal custody and shared physical custody of the following child: NAME PRESENT RESIDENCE Taylor Marie Sweeney 105 N. East Street 02/16/96 Carlisle, PA The child was not born in wedlock. The child is presently in the physical custody of Angel Sweeney who resides at 105 N. East Street, Carlisle, Pennsylvania. The child has resided with the following persons and at the following addresses: Person Mother Mother Mother & Father Mother 105 N. East Street Carlisle, PA 75 E. Willow Street Carlisle, PA 75 E. Willow Street Carlisle, PA Various locations in Cumberland County 05/06 - present 08/05 - 05/06 05/05 - 08/05 1996 - 05/05 The mother of the child is Angel Sweeney who currently resides at 105 N. East Street, Carlisle, Pennsylvania 17013.. She is not married. The father of the child is Luke Sweeney who lives at 1109 Apple Drive, Apartment 6, Mechanicsburg, Pennsylvania 17055. He is not married. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Isaac Sweeney - brother 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Taylor Marie Sweeney - daughter 6. Neither party has 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 does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 2 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff can properly care for his child. B. Plaintiff can provide a loving home. C. Plaintiff wants to continue to be a significant part of his daughter's life. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal custody and shared physical custody of his child. Respectfully submitted, ~~~ Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 VERIFICATION I, Luke Sweeney, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. 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. DATED : / /CJ Q uke Swe Plainti 4 rs ~_ ~ ~ ~ ~ ~ ~. rn -~ ~ n~ ~ * ~ 8 Vic:! ~ . -v ~ /~ W D ~1 -. LUKE SWEENEY PLAINTIFF V. ANGEL SWEENEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COiJNTY, PENNSYLVANIA • 2007-5473 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 20, 2007 ,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 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 19, 2007 at 9:30 AM for aPre-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 ale 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 the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Giryto 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 cotitact our office. Ail 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 170]3 Telephone (717) 249-3166 "* "" '~ cao~b ~~~ OE ~ I I W~ OZ d3S t 00l ~~~~~~~ LUKE SWEENEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW ANGEL SWEENEY, : NO. 2007-5473 Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of October, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ~ c- ~ 0 ~ _~~ ~_,-, ~ r~~ r; -~-a n7~ F`. v. ~ ~,D ..° ~ r.`~ ~. 7--- - ""~ ~ ~ : "r`t `~ ( _ - ~ i = GJ ~ ~~ ~ -.,.,1 ~ a LUKE SWEENEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-5473 CIVIL ACTION ANGEL SWEENEY, Defendant CUSTODY ACTION STIPULATION FOR AN AGREED ORDER OF CUSTODY THIS STIPULATED AGREEMENT, made this ~ day of ~~~~~ 2007, by and between Luke Sweeney, hereinafter referred to as Father, and Angel Sweeney, hereinafter referred to as Mother is to settle and resolve the custody schedule for their daughter, Taylor Marie Sweeney, born February 16, 1996. WHEREAS, Mother and Father agree that this custody arrangement is in Taylor's best interest; and WHEREAS, Mother and Father wish to enter into this Custody Stipulation to replace all previous custody orders or agreements; NOW THEREFORE, it is agreed by the parties that: 1. Mother and Father shall share legal custody of Taylor, which means that each parent is to have equal access to Taylor's personal, school and medical records and each parent is to inform the other of significant events that occur in Taylor's life. Each parent is to insure that the other parent receives timely information regarding Taylor's school and extra curricular activities happening in their care. `. 2. Mother and Father shall share physical custody of Taylor on the following schedule: a. Week one, Father will have Taylor on Tuesday a.m to Wednesday a.m, and Friday p.m. until Monday a.m.. b. Week two, Father will have Taylor on Thursday a.m. until Friday a.m.. 3. Holidays a. The parents agree to be flexible in allowing the parent without custody on February 16 to participate in Taylor's birthday activities. b. Easter & Thanksgiving will be divided with Mother choosing to having Taylor either from the morning until 2:00 p.m. or from 2:00 p.m. to the evening. Mother is to give Father 30 days notice of her choice. c. Christmas will be divided with Mother choosing to having Taylor either from 5:00 p.m. December 24th until noon Christmas Day or noon Christmas Day until 8:00 a.m. December 26. Mother is to give Father 30 days notice of her choice. d. New Years Eve and Day Taylor will normally spend with Mother`s Mother. e. Mother will have Taylor on Mother's Day and Father will have Taylor on Father's Day. 4. Vacations/extended commitments a. Each parent is annually entitled to up to three (3) weeks of uninterrupted time with Taylor. A week will run from Friday to Friday. b. The parents agree to be flexible with their vacation periods or the need to be out of town and will provide prompt notice to the other parent, at least one week. 5. If Taylor is sick and unable to attend school: the lst time it will be the parent who has responsibility for that day will provide for her care. For two or more consecutive days, the parents will alternate responsibility. 6. Transportation & custody exchanges. a. During school year, Father will pick up Taylor on his days and return her to school the next morning. b. During school vacations, Mother will pickup on her days and Father will pickup on his days. ~. This Agreement, including the transportation responsibilities and custody periods, may be modified by mutual agreement of the parents. If the parents are not able to agree, the terms of this agreement shall control. 8. If the parents are unable to agree on an acceptable custody schedule and terms, they agree to seek the assistance of a custody conciliator/mediator. The parents shall equally share the cost of the custody conciliator/ mediator. 9. The parents agree to provide a safe, loving and stable environment for Taylor. 10. Mother and Father agree to place any personal differences aside and work for the best interests of Taylor. 11. The parents shall provide for regular and meaningful telephone access with Taylor. The parents also agree to exchange photos and videos of Taylor. 12. The parents agree that they shall not make derogatory comments about the other in the presence or hearing of Taylor. Each parent will use their best efforts to insure that other persons do not make derogatory comments about the other parent in the presence or hearing of Taylor. 13. Each parent is to inform the other of significant events in Taylor's life, specifically including medical treatment, and inform the other of any change in employment, living arrangements or residence that effects Taylor and/or telephone number. 14. This Agreement shall supersede any and all other Orders, Agreements or Stipulations concerning the custody of Taylor. 15. It is the intent of the parents that the terms of this Agreement be made an Order of Court. WI 1D-/~-©~ DATE SWE .~ DATE ANG SWEENEY Commonwealth of Pennsylvania ss County of Cumberland PERSONALLY APPEARED BEFORE ME, this it,Q day of ~~~ , 2007, a notary public, in and for the Commonwealth of Pennsylvania, LUKE SWEENEY, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within custody stipulation and acknowledged that he executed the same for the purposes herein contained. COMMONWEA~LT_H OF PENNSYLVANIA NOTARIAL SEAL Not ry Public APRIL D. EDWARDS, Notary Public Boro of Cerli:le, Cumberlrnd Counttyy M Commiabn Expires Au , ~3, 20~~ Commonwealth of Pennsylvania County of Cumberland ss PERSONALLY APPEARED BEFORE ME, this ~ ~ day of ~ ~~ 2007, a notary public, in and for the Commonwealth of Pennsylvania, ANGEL SWEENEY, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within custody stipulation and acknowledged that she executed the same for the purposes herein contained. COMMONWEATAR'~ S~NSYLVANIA NO public APRIL D. EDWARDS, Notary No ar Pu is Boro of Carlisle, Cumbe~an23, 2011 My Commission Expires Q• t? C~ ~ C~3 ~..4..: _,,,~ c~ " --~ T_ -r~ r; , , t ~ n~ ~= ; N ~~ ' ~=> ttt . .~ ~ ~~ ~ `- . ~~' - ..,m, ~-~ -'. ::Jim ..., ~ N e:'~'+ :-C ', ocr as amv~~ "y LUKE SWEENEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007 - 5473 ANGEL SWEENEY, CIVIL ACTION - LAW Defendant CUSTODY ACTION ORDER OF COURT AND NOW this ~L day of o y , 2007, the terms and conditions of the attached Stipulation for an Agreed Order of Custody dated October 16, 2007, is hereby incorporated and made and Order of this Honorable Court. -'~ BY THE COURT: ~~rnus~cn~d ~rx~~~ £Q .~ ~d ~I AaN t~QZ A~10~ ' ' FO~d 3Ftt ~~ ~L~