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HomeMy WebLinkAbout03-6642Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-(0(0c/a CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-?61//- CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Jason W. Sweeney, an adult individual, currently residing at 134 Rellim Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Heather N. Sweeney, an adult individual, currently residing a. 137 Tower Circle, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth o- Pennsylvania and have been so for at least six months immediately previous to the filinc of this complaint. 4. Plaintiff and Defendant were married on April 25, 2000 in Las Vegas, Nevada. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate ii counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since November 14, 2003 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II - CUSTODY 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff seeks shared legal and primary physical custody of the following child: Name Present Residence Age Colton Tyler Sweeney 134 Rellim Street, Carlisle, PA 5 years old The child was born out of wedlock 14. The child is presently in the custody of the mother, Heather, N. Sweeney and father Jason W. Sweeney, with primary custody with father. 15. Since birth, the child has resided with the following person(s) at the below address(es): Birth to November 14, 2003: With the mother and father at 137 Tower Circle, Carlisle, Cumberland County. 16. The Mother of the Child is Heather N. Sweeney, residing at 137 Tower Circle, Carlisle, Cumberland County, Pennsylvania. She is married. 17. The father of the child is Jason W. Sweeney, residing at 134 Rellim Street, Carlisle, Cumberland County, Pennsylvania. He is married. 18. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the child and the following person(s): Name No one Name No one 20. 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 a court of this Commonwealth. 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. 21. The best interest and permanent welfare of the child will be served by granting shared legal custody to the mother and father and primary physical custody to the father with liberal visitation to the mother. 22. 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. All other person, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests your Honorable Court to grant shared legal custody to both parents and primary physical custody to the Plaintiff, father. Respectfully Submitted TURO LAW OFFICES Dat? Galen R. Waltz, Esqu' 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint/ Custody Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. /Z Date nW iey CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Divorce/Custody Complaint upon Heather N. Sweeney, by depositing Certified, Return Receipt, postage pre-paid on the 3eji, day of ,Dece,?Scr, 2003, from Carlisle, Pennsylvania, addressed as follows: Heather N. Sweeney 137 Tower Circle Carlisle, PA 17013 TURO LAW OFFICES l en R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ' ? ? ' #?- 7 ?? 1 py v`? 1 _. (, ?? ? ? ? d ? r 1 ' ?? ?.? Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Divorc Complaint filed in the above captioned case upon Heather N. Sweeney, by certified mail, return receipt requested on December 30, 2003 addressed to: Heather N. Sweeney 137 Tower Circle Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt carc dated December 31, 2003. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES Date al n R. Waltz, E re 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff l O o CdnONrb hemp t anWW 2 IM rrdaearel arriaee. Cangete Hems s, as, old b. I atro With to ma" Yu blow. kV aaabaa (for n antra be): 0 c and address on the mysms of title form card to your you. name d 6o that we can retum this D Adach Ntie form to die front of Me mailpiecs, or on the back if apace dope not parmd t 11 Addressee's Address - O Wr06 'Rehm Receipt Requiarmd'on the mailpbce Wow the arks. number. o The R etum Receipt will $how to when the articl 2. 0-FT9 Stdcted Delivery e was deNvered and the date tl red. A rtl mm me I de Addressed to: 4a. Article Number v , _ m*l? N !Su_-Ap? p 'e-? t 3`? To LA-)(2r- CIrG? Q 4b. Service Type ? Registered B'f!?r fled !Z ?j? Carbt 142 I?oI? ? Evpws Mall ? Insured etum Reoelpt for Merchandise ?OOD ) U.l lJ T r 7. Date of Deli e . Re Ned By: Pri nt me) 8. Addressee's Acaress (Ord i/ r requested and fee is paid) gnature (Addressee aAOent) PS Form 311111111, Dacampsr 1984 1025W99414@ps C c- Fr i rr? r-T _ r s _u n. JASON W. SWEENEY PLAINTIFF IN IHE COURT OF COMMON PLEAS OF V CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. SWEENEY 03-6642 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesda . it is hereb Januar 07, 2004 y directed that upon consideration of the attached Complaint, parties and their respective counsel appear before Hubert X. at 4th Floor, Cumberland Count for aPre-Hearin Courthouse, Carlisle Gilroy, Es . g Custod °n Thursday the conciliator, y Conference. At such conference, , January 22, 2004 if this cannot be accomplished, to define and narrow the issues to be heard be made at spu AM effort will to resolve the issues in dispute; or order. All children age five or older may also be provide by the court, and to enter into a temporary grounds for entry of a to present at the conference. Failure to appear or permanent order. at the conference may 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 hearin. FOR THE COURT, g BY: /s/ Custody Conciliator With DThe Court of Common Pleas of Cumberland county le to it dissaActbled individual Of 1990. For is required by law to comply available to information about accessible facilities and reasonable accommodations A must be made at least 72 h having business before the c mm the Americans ours s prior to an court, please contact our office. conference you All arrangements or hearing, any hearing or business before the court, must attend the scheduled HAVE YOU SHOULD TAKE THIS PAPER TO Yp AN ATTORNEY OR CANNOT AFFORD UR ATTO FORTH BELOW TO FIND OUT WHERE ONE, GO TO OR TEL PHONE THE OFFI E SOT YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ha 5 / r7W `a;Al rl i? v I??,l d? cry 7` 'a c- 4 r IOU ?'?L n-C=1lt! JASON W. SWEENEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY HEATHER N. SWEENEY, Defendant NO. 03-6642 CIVIL TERM PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of THE FAMILY LAW CLINIC on behalf of Heather N. Sweeney, the Defendant in the above captioned matter. Dated: t f l l i-110t Dated: ( `{ U Tracie N. Wesner Certified Legal Intern E DONALD-FOX LUCY JOHNSTON-WALSH THOMAS M. PLACE Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ("7 N ? 4- _ c? r "11 --t Ca Y.n _ Iil? 7 ?'? J ` i 1 :>> C,) _ T. <_ m c? ?=-? "- a- 'fS JASON W. SWEENEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY HEATHER N. SWEENEY, Defendant NO. 03-6642 CIVIL TERM CERTIFICATE OF SERVICE I, Tracie N. Wesner, Certified Legal Intern, hereby certify that I served a true and correct copy of the Praecipe to Enter Appearance on Plaintiff Jason W. Sweeney by sending a copy to his ? c? counsel, Galen R. Waltz, by U.S. mail, first class, postage prepaid, on January / 2004, at the following address: Galen R. Waltz, Esquire Counsel for Plaintiff Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Dated: Ll l ot4 {n 1 Tracie N. Wesner Certified Legal Intern P?? (1 a 'il ? ? "?- .-# G-' T T5 i tii r '? 1 ? ? ? ` -i; ?` <'; ii n u --l Jason W. Sweeney, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant IN DIVORCE MOTION TO COMPEL HEATHER SWEENEY TO PRODUCE HAIR SAMPLE FOR DRUG SCREEN TESTS 1. Movant is Jason W. Sweeney, an adult individual, currently residing at Rellim Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Heather N. Sweeney, an adult individual, currently residing at 13 Tower Circle, Carlisle, Cumberland County, Pennsylvania. 3. A divorce complaint containing a custody action was filed by Movant 12/30/03. 4. A conciliation conference was held by Hubert Gilroy, Esquire on 1/22/04 5. Heather Sweeney, Respondent voluntarily agreed to take a urine drug screen. 6. Heather Sweeney refused to produce a hair sample for purpose of drug screening. 7. It is believed and therefore averred that a "hair sample" drug screen has "variability" and therefore produces more reliable results. 8. Heather Sweeney has frequently used marijuana during her custody of child during the course of the marriage. 9. Heather Sweeney is believed to use and uses cocaine and furthermore it believed Heather Sweeney used/uses cocaine while Movant's son is within her custody. 10. Movant's son is believed to be at risk when placed in the custody of Sweeney; the risk involves neglect, improper habitation, insufficient supervision and abuse. Wherefore Movant respectfully request this Court Order Heather Sweeney to provide hair samples for the purpose of a Drug Screen. Respectfully Submitted 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion to Compel Heather Sweeney to Produce Hair Sample For Drug Screen Tests upon Heather Sweeney, by depositing same in the United States Mail, first class, postage pre-paid on the --NtA day of An ver 2004, from Carlisle, Pennsylvania, addressed as follows: Heather N. Sweeney 137 Tower Circle Carlisle, PA 17013 Tracey N. Wesner Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Anne MacDonald Fox Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Lucy Johnston Walsh Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 TURO LAW OFFICES &nR. ltz, Es 2 t St Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff t T o ti`o -o a z 1? 7 ? CJ m v >c rn m b00Z Ndf JASON W. SWEENEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW HEATHER N. SWEENEY, : NO. 03-6642 CIVIL Defendant : IN CUSTODY Prior Judge: Kevin A. Hess ORDER AND NOW THIS ? J day of fUcl 7 , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following Temporary Custody Order is entered: 1. The father, Jason W. Sweeney, and the mother, Heather N. Sweeney, shall enjoy shared legal and shared physical custody of Colton Tyler Sweeney, born September 3, 1998. 2. Physical custody shall be handled on a week on/week off basis. The time frames for the exchange of custody shall coincide with weeks the father is working. 3. When mother has custody of the minor child and mother is unavailable to care for the minor child for a period exceeding two hours either because of work or because of school, mother will contact father if he is available and offer the father the opportunity to care for the minor child. If father is not available, mother will continue to use the babysitting provided by the paternal grandmother. 4. In the event father has custody and he is unable to care for the minor child for a period exceeding two hours, father shall first contact the mother to determine if she is available to care for the child. If she is not, father may make arrangements with his mother for her to care for the minor child. a^ Nvr? SNNRd ?.wno ?. , ss ?? wa z- e?? aoot 5. Mother shall not allow the child to be in the presence of her mother or stepfather or brother without the mother also being there in a supervisory capacity. 6. Pursuant to agreement of the parties, the parties shall submit to a urine test for determination of drug use. Costs of those tests shall be paid for by father. 7. In the event the father desires to have a hair follicle test taken for determination of drug use, father's council shall submit a separate motion to the court on that issue with adequate notice in advance to mother's council so that they may file an appropriate response. 8. Both parties shall keep each other advised with respect to telephone numbers and addresses. 9. In the event either party desires to have a custody evaluation and that party is willing to incur the expenses of the evaluation, the other party shall cooperate in the evaluation to make themselves and the minor child available for meetings with the evaluator. Any evaluation done under those circumstances shall be an independent evaluation with the evaluator having ability to share the results of the evaluation with legal council for both parties. 10. Neither parent should be under the influence of illegal drugs or alcohol at the time the parent has custody of the minor child. 11. The parties and their council's shall meet with the custody conciliator for another Conciliation Conference on 25 March, 2004 at 9:30 a.m. In the event council for the parties feel that this conciliation can be done via a Telephone Conference Call, council for the parties may so notify the conciliator and that procedure will be implemented. 12. The Custody Order set forth above may be modified by the parties if the parties agree. If the parties do not agree, the order set forth above will control. y L-a DATE Judge F),0vin A. Hess cc: Galen R. Waltz Tracie N. Werner JAN 2 8 2004 JASON W. SWEENEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW HEATHER N. SWEENEY, : NO. 03-6642 CIVIL Defendant : 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 child who is the subject of this litigation is as follows: Colton Tyler Sweeney, born September 3. 1998. 2. A Conciliation Conference was held on January 22, 2004, with the following individuals in attendance: The father, Jason W. Sweeney, and his council, Galen R. Waltz, Esquire, and the mother, Heather N. Sweeney, and her council, Tracie N. Wesner. 3. The parties agree to the entry of an order and the form is attached. DATE Hubert X. Gilroy squire Custody Conci ' for Jason W. Sweeney, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION TO COMPEL HEATHER SWEENEY TO PRODUCE HAIR SAMPLE FOR DRUG SCREEN TESTS 1. Movant is Jason W. Sweeney, an adult individual, currently residing at Rellim Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Heather N. Sweeney, an adult individual, currently residing at 137 Tower Circle, Carlisle, Cumberland County, Pennsylvania. 3. A divorce complaint containing a custody action was filed by Movant 12/30/03. 4. A conciliation conference was held by Hubert Gilroy, Esquire on 1/22/04 5. Heather Sweeney, Respondent voluntarily agreed to take a urine drug screen. 6. Heather Sweeney refused to produce a hair sample for purpose of drug screening. 7. It is believed and therefore averred that a "hair sample" drug screen has "variability" and therefore produces more reliable results. 8. Heather Sweeney has frequently used marijuana during her custody of child during the course of the marriage. 9. Heather Sweeney is believed to use and uses cocaine and furthermore it believed Heather Sweeney used/uses cocaine while Movant's son is within her custody. 10. Movant's son is believed to be at risk when placed in the custody of Sweeney; the risk involves neglect, improper habitation, insufficient supervision and abuse. Wherefore Movant respectfully request this Court Order Heather Sweeney to provide hair samples for the purpose of a Drug Screen. Respectfully Submitted Carlisle, PA 17013 (717)245-9688 28 South Pitt Street CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion to Compel Heather Sweeney to Produce Hair Sample For Drug Screen Tests upon Heather Sweeney, by depositing same in the United States Mail, first class, postage pre-paid on the _-,VA day of nvei 2004, from Carlisle, Pennsylvania, addressed as follows: Heather N. Sweeney 137 Tower Circle Carlisle, PA 17013 Tracey N. Wesner Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Anne MacDonald Fox Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Lucy Johnston Walsh Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 TURO LAW OFFICES VR . Waltz, Es 28 South Pitt St Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff g r o T ? Fn Q s K o co JASON W. SWEENEY, Plaintiff vs. HEATHER N. S WEENEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6642 CIVIL CIVIL ACTION - LAW IN DIVORCE IN RE: MOTION TO COMPEL HAIR SAMPLE FOR DRUG SCREEN TESTS ORDER AND NOW, this day of February, 2004, a brief argument on the within motion to compel a hair sample for drug screen tests is set for Thursday, March 4, 2004, at 2:30 p.m. in Courtroom Number 41 Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Galen R. Waltz, Esquire For the Plaintiff Family Law Clinic Tracey N. Wesner For the Defendant Am ?r,r, -,'.'-,jmli o h0:£ Wd 9-83Ah00Z AMONOH10dd 3HL 30 104j0--0311d Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE Motion To Continue Brief Argument On The "Motion to Compel Hair Sample For Drug Screen Test" AND NOW, comes Jason W. Sweeney by and through his attorney Galen R. Waltz, Esquire who represents and avers the following: 1) A February 6, 2004 Order From the Court scheduled "Brief Argument on the [Motion to Compel Hair Sample For Drug Screen Test]" for Thursday, March 4, 2004 at 2:30 PM in Courtroom Number 4. 2) Counsel for Heather N. Sweeney is Tracy Wesner, a Law Student at Dickinson Law School. 3) Negotiating a global settlement of this matter is occurring and additional time is needed to perfect that settlement which more likely then not will eliminate the necessity for a hearing on Plaintiff's Motion to Compel Hair Sample For Drug Screen Test. 4) Tracy Wesner concurs with this request for a continuance of the Thursday March 4, 2004 2:30 PM hearing. WHEREFORE, the movant respectfully request that this honorable court continue the scheduled Brief Argument on the Motion to Compel Hair Sample For Drug Screen Test to an available April date satisfactory to this Honorable Court. 3 d 3/d Y Date Respect ly Submitted, Galen R. Waltz. Es re 28 South Pitt Stre Carlisle, PA 17013 (717) 245-9688 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion To Continue Brief Argument On The Motion to Compel Heather Sweeney to Produce Hair Sample For Drug Screen Tests upon Heather Sweeney, by depositing same in the United States Mail, first class, postage pre-paid on the _ilo/ day of 04-,4 2004, from Carlisle, Pennsylvania, addressed as follows: Tracey N. Wesner Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 TURO LAW OFFICES Wen R. Waltz, 28 South Pitt et Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff O a ny a_;' ?j n7 -n ?.CJ .c. .<C> Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this 22 day of March, 2004, after reviewing the Motion To Continue "Argument" the Motion is granted; the Thursday 4, 2004, 2:30 PM Argument shall be rescheduled to . IAJ- _dayof 4QA'd -, 2004 , at 3? Grll -Md/PM O'clock in Courtroom Number in the Cumberland County Courthouse in Carlisle, Pennsylvania. By The Court, c.c. Galen R. Waltz, Esquire - LIe?y Tracey N. Wesner (Legal I 1 m U ma.G'?s' -11310y ad All no 89 :z ?Pd e- dvw ugz l,c ?fJi?NlGcd 3Hl j0 ??,i-IQ-(7311?1 Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE CUSTODY STIPULATION AND NOW, this day of MATCH 2004, it is hereby stipulated and agreed between the parties as follows: 1. Colton Tyler Sweeney, born September 3, 1998 is the natural child of Jason W. Sweeney and Heather N. Sweeney. 2. Shared legal custody of the child as contemplated by the Act of October! 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the naturali parents. 3. Primary physical custody of the child shall be in the father subject to the;, following periods of partial custody with the mother: a. Physical custody shall be on a 3-2-2 schedule which begins March! 26, 2004 with mother having the child the first 3 days and nights, followed by father having the child 2 days and nights followed by mother having custody 2' days and nights; the schedule will then rotate with father having custody of thel child for 3 days and nights, followed by mother having the child 2 days and nights followed by father having custody 2 days and nights thereby constituting one complete cycled rotation which shall continue to alternate on a weekly basis. 4. Holidays: This paragraph sets out the holiday custody schedule which supercedes the custody schedule outlined above: a. New Year's Day: In even number years, father will have custody from 8:00am until 2:00pm and Mother will have custody from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Mother would have custody under the 3-2-2 arrangement). In odd number years, Mother will have custody from 8:00am until 2:00pm and Father will have custody from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Father would have custody under the 3-2-2 arrangement). b. Easter: In even numbered years, Mother will have custody of the child from 8:00am until 2:00pm and father will have custody of the child from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Father would have custody under the 3-2-2 arrangement). In odd numbered years, Father will have custody of the child from 8:00am until 2:00pm and Mother will have custody of he child from 2:00pm until 8:00pm (or throughout the night if the holiday falls on night that would have custody under the 3-2-2 arrangement). c. Mother's Day: Mother will have custody of he child from 8:00am until 8:00pm. d. Father's Day: Father will have custody of the child from 8:00am until 8:00pm. e. Memorial Day: In even numbered years, Father will have custody from 8:00 am until 2:00pm and Mother will have custody of the child from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Mother would have custody under the 3-2-2 arrangement). In odd number years, Mother will have custody of the child from 8:00am until 2:00pm and Father will have custody from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Father would have custody under the 3-2-2 arrangement). f. Independence Day: In even number years, Mother will have from 8:00am until 2:00pm and Father will have custody from ,until 8:00pm (or throughout the night if the holiday falls on a night that Father would have custody under the 3-2-2 arrangement). In odd number years, Father will have custody of the child from 8:00am until 2:00pm and Mother will have custody of the child from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Mother would have custody under the 3-2-2 arrangement). g. Labor Day: In even numbered years, Father will have custody from 8:00 am until 2:00pm and Mother will have custody form 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Mother would have custody under the 3-2-2 arrangement). In odd number years, Mother will have custody from 8:00am until 2:00pm and Father will have custody from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Father would have custody under the 3-2-2 arrangement). h. The Child's Birthday: In even number years, Mother will have from 8:00am until 2:00pm and Father will have custody from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Father would have custody under the 3-2-2 arrangement). In odd number years, Father will have custody from 8:00am until 2:00pm and Mother will have custody from 2:OOpm until 8:00pm (or throughout the night if the holiday falls on a night that Mother would have custody under the 3-2-2 arrangement). I. Thanksgiving: In even numbered years, Father will have custody from 8:00 am until 2:00pm and Mother will have custody form 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Mother would have custody under the 3-2-2 arrangement). In odd number years, Mother will have custody from 8:00am until 2:00pm and Father will have custody from 2:00pm until 8:00pm (or throughout the night if the holiday falls on a night that Father would have cu under the 3-2-2 arrangement). j. Christmas Eve: Father will have custody of the child from 8:00amI until 8:00pm. k. Christmas Day: In even number years, Mother will have custody from 2:00pm until 8:00pm and Father will have custody of the child from 8:00am until 2:00pm. In odd numbered years, Mother will have custody of the child from 8:00am until 2:00pm and Father will have custody of the child from 2:00pm until 8:00pm. 1. Father's Birthday: Father will have custody of the child from 8:00am until 8:00pm. m. Mother's Birthday: Mother will have custody of the child from until 8:00pm. 5. When Father has custody of the child and he is unable to care for the child for a period exceeding two hours, Father shall first contact Mother to determine if she is available to care for the child. If she is not, Father may make other arrangements foi childcare. 6. When Mother has custody of the child and she is unable to care for tl child for a period exceeding two hours, Mother shall first contact Father to determine he is available to care for the child. If he is not, Mother may make other arrangements childcare. 7. Mother shall not allow maternal grandmother, Vickie Patterson, unsupervised visitation with the child nor overnight visitation. 8. The party receiving custody shall provide transportation from the parent's residence. g. The exchange of custody shall occur at 6:30pm at the custodial parent's residence, unless other arrangements are made and agreed to by both parties for an alternate place for the exchange of custody. 10. The custodial parent shall inform the non-custodial parent immediately of all medical appointments and problems pertaining to the child. 11. Neither parent shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 12. Regardless of which parent retains custody of the child, both parties shall share with each other the children's report card and other papers affecting the child's education, medical condition and welfare. 13. Physical Custody as outlined above shall be changed as mutually agreed upon by the parties. /J a W. L e Date 63? -0q Date eatherSweeney C! r ('1 Y? rrr , S r x ? m Co v 1i+_ N cy, :grn j>... to ? ? Cr t6`'r'n -G r,-a u p -< Jason W. Sweeney Plaintiff V. Heather N. Sweeney, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6642 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE PRAECIPE Please withdraw the "Motion to Compel Hair Sample for Drug Screen Test" in above captioned matter. Respectfully Submitted TURO LAW OFFICES -3Date Gafen R. Waltz, Esq 28 South Pitt Street, Carlisle, PA 17013 (717) 245-9688 Attorney, for Plaintiff --- lit `i 7 . C D J ly Jason W. Sweeney, Plaintiff V. Heather N. Sweeney, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6642 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE ORDER OF COURT AND NOW, this 3/" day of /Y72cch , 2004, all prior custody orders are VACATED and upon consideration of the within Stipulation, the parties agreement is hereby made an order of Court. Cc: raciye Wesner, Esq. ,,Palen Waltz, Esq. 05 -31-09 BY THE COURT, dt,`JiGNOH.t{7u'd NHL 2C) APR u 8 2004 JASON W. SWEENEY, Plaintiff v HEATHER N. SWEENEY, Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03-6642 CIVIL : IN CUSTODY ORDER v? AND NOW THIS day of _, 2004„ the conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esquire cc: Galen R. Waltz Tracie N. Werner CC' C,_...,, Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant ; IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December 30, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /0 ( -- 4 Date JASON W. SWEENEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION IN DIVORCE HEATHER N. SWEENEY, : NO. 03-6642 CIVIL TERM Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§3301(c) of the Divorce Code was filed on December 30, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice and intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date -2 ? -0- / Hdat ter N. Sweeney rya lJ ra ' 1 NJ Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03.6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES 01: 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 71ZIN Dat JASON W. SWEENEY, Plaintiff V. HEATHER N. SWEENEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION IN DIVORCE NO. 03-6642 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO RE UES7I ENTRY OF A DIVORCE DECREE UNDER &3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony„ division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date Ul9'z 1 " 6 1?/?".' ?-' ?aG7i?? eatherN. Sweeney (?) N d C:? 4J _ .C? (: ?? : ? 7.. ?f. ?.- : \_) Ci ?'; ?+% SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this ,?day of JLILA _ 2004, between Jason W. Sweeney, of Carlisle, Cumberland County, Pennsylvania, herein referred to as "Husband," and Heather N. Sweeney, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on April 25, 2000, in Las Vegas, Nevada; WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Colton Tyler Sweeney, d.o.b. September 3, 1998. WHEREAS, the parties hereto are now living separate and apart since November 2003, and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warnants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of her rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing., or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Power and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in property or estate of the other, and to that end both parties waive, relinquish and forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though married, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right 2 and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties have entered into a Stipulation regarding the custody of their child and filed at 03-6642 which Stipulation was made an Order of Court on March 31, 2004. 5. Support. a. Child Support. The parties waive and relinquish all rights and liability to Child Support. b. Medical Care for the Child. The parties agree that the child shall be carried upon the employer sponsored medical insurance programs provided to Husband and Wife. The parties further agree that any medical or dental expenses for the child not covered by insurance shall be divided equally between them. C. Wife will claim the child on her 2004 income tax return to be filed in 2005, each year thereafter the parties shall alternate years of claiming the child as a dependant for income tax purposes. d. Mother withdrew her Petition for Child Support and her Petition for Spousal Support, alimony and alimony pendente lite. 6. Distribution of Marital Assets. e. The parties agree that all items of personal property had been divided and shall be the sole and exclusive property of possessor. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Husband/Wife. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. f. The parties agree that the 2002 Saturn SL2 shall be the sole and separate property of the Husband. g. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the party who has had the principal use thereof or tow whom the property was given or from whom it was purchased, and each party hereby surrenders and interest he or she may have in such tangible personal property of the other. 7. Debt. The parties have divided all outstanding debts incurred subsequent to the separation of the parties and that each party shall hold the other party harmless for the debt incurred subsequent to the separation. Husband agrees to be solely responsible for any remaining debt relative to the 2002 Saturn SL2 retained by the Husband. Husband agrees to assume all debts of the marriage that were incurred prior to November 23, 2003, date of separation except for all pending medically related debts prior to November 23, 2003. In the event the insurer denies payment/coverage, Husband and Wife shall be mutually liable 50150 for uninsured amounts. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Property. The parties agree that the property known and described as a 1989 4 Fairmont Trailer, VIN No. MY8970790 with a current Pennsylvania title No. 42044190303ST shall be the property of the Wife and Husband shall execute all documents concerning transfer of title into Wife's name. Husband waives all rights to the residence held by Wife. Both parties agree to execute any and all future documents reasonably related to the transfer of title to the marital home. Wife agrees to hold husband harmless for all future liability of the marital residence but for the below sub paragraph 9a. a. Husband will provide a payment each month to his mother, Barbara Sweeney, in the amount of $181.00. This payment is to reimburse Barbara Sweeney for the purchase cost of the trailer in which Wife resides. Husband will continue to make this payment until the total balance of $8,600 is paid in full. 10. Alimony. The parties waive all rights to alimony, alimony pendente lite and spousal support. Wife agrees to immediately withdraw all complaints filed by wife against Husband for alimony, alimony pendente lite, and all other forms of spousal support. 11. Pension. Husband's pension increased in value from the date of marriage to the date of separation an amount of $7,762.81. Wife agrees to waive and relinquish all right or claim that she may have in Husband's pension/retirement; Husband agrees to waive and relinquish all right or claim that he may have in Wife's pension/retirement. 12. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 03-6642 Civil Term and the Custody Order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be bome by the party exclusively. 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Jason W. Sweeney v. Heather N. Sweeney, 2004 No. 03-6642 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action 5 Husband agrees to withdraw his Motion to Compel a hair follicle drug test at the signing of this agreement. 14. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent jurisdiction. 16. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 17. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding; of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirablle to effectuate the provisions and purposes of this Agreement. If either party fails on dernand to comply with this provision, that part; shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: -V? )XISO W. Sweeney us Heather N. Sweeney (Wife) ',' c? : ?=; ? _ { ?, ?:; _: -?„ ?.: r:? ;', ", -• cr: ` Jason W. Sweeney, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL TERM Heather N. Sweeney, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about December 31, 2003. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: July 2, 2004 By Defendant: June 29, 2004 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: By Plaintiff: July 2, 2004 By Defendant: July 2, 2004 Attorney for Defendant .y 0 ? Complete items f and/or 2 for additional services. Canplete hems 3 4a and 4b I also wish to receive the follow- I j , , . ? Print your name and address on the reverse of this form so th card to you. ng seNlceS for ( an extra fee): at we can return this m ? Aftach this torn to the front of the mailpiece, or on the back if pennh. 1 ? Atldressee's Address space does not v 4 o Write 'Return Receipt Requested'on the mailpiece below the ? The Return Receipt will show to whom the articl d article number. 2ncted Delivery a o e was deliver elivered. ed and the data N a 3. Article Addressed to: S E r 'l''f le1'" 4a. Article Number v u TOl l?C Clr G? e 4b. Service Type ? Registered d ` Oterfified ? !1 yG irlibie ^? Expr ss Mail ? Insured l;eturnRecei tforM c / W p erchandise ? COD 7. Date of Deli $ f_ S. Re ed B Y : Pdnt ) me - 2 / \ ? ll - 1 8. Addressee s Address (Only If requesteWand T 0 Y c 6. lgnature (Addressee or-Agent) fee is paid) e t _2 PS Form 3811, December 1994 102595-99-a-0223 Domestic Rnh im oe,,,.: _. r? {y ?,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY %rA STATE OF PENNA. TN?l Jason W. Sweeney Plaintiff VERSUS Heather N. Sweeney Defendant Jason W. Sweeney DECREE IN DIVORCE AND NOW, ?---r /L " 2004 DECREED THAT AND Heather N. Sweeney ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The "Separation Agreement and Property Settlement" of July 2, 2004 attached hereto is incorporated but not in this Final Divorce Decree. BY THE COURT: ATTE ? J PROTHONOTARY No. 03-6642 IT IS ORDERED AND , PLAINTIFF, )(2 Jason W. SWEENEY, Plaintiff V. Heather N. SWEENEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6642 CIVIL TERM CIVIL ACTION IN DIVORCE PETITION TO MODIFY CUSTODY 1. Petitioner is Jason W. Sweeney, an adult individual who resides at 134 Rellim Street, Carlisle, PA 17013. 2. Respondent is Heather N. Sweeney, an adult individual who resides at 137 Tower Circle, Carlisle, PA 17013. 3. Petitioner is seeking modification of the Custody Order issued by this Court on March 31, 2004, regarding Colton Tyler Sweeney, born September 3, 1998, currently residing at 134 Rellim Street, Carlisle, PA 17013. (Exhibit "A", the March 31, 2004 Custody Order, is attached and incorporated herein as if fully set forth.) 4. Petitioner seeks sole legal custody and sole physical custody of the Child for reasons set forth below. 5. The Child has lived with Petitioner at the following addresses: a. 137 Tower Circle, Carlisle, PA 17013 b. 134 Rellim St., Carlisle, PA 17013 6. Petitioner is the natural father of the Child. 7. Respondent is the natural mother of the Child. 8. A Custody Order was issued by the Court on March 31, 2004, awarding Petitioner shared legal custody and primary physical custody of the Child. 9. Respondent is an abuser of prescription drugs, and her addiction and abuse is getting worse. 10. The Child has been witness to Respondent's abuse of Vicodin, Percoset and morphine. 11. Respondent was charged with the following criminal offenses on July 6, 2006: a (1) Neglect of Care-Dependent Person, "Intentionally, knowingly or recklessly causes bodily injury or serious bodily injury by failing to provide treatment, care, goods or services necessary to preserve the health, safety or welfare of a care-dependent person for whom he is responsible to provide care." 18 P.S. § 2713(a)(1), (2) Theft by Unlawful Taking of movable Property, 18 P.S. §3921(a), (3) Acquiring a Controlled Substance by Fraud/Forgery/Deception, 35 P.S. § 780-113(a)(12), and (4) Intentionally Possessing a Controlled or Counterfeit Substance, 35 P.S. § 780-113(a)(16). 12. Respondent's pre-trial hearing for the foregoing charges is scheduled for the week of August 28, 2007. 13. Respondent's criminal trial for the foregoing charges is scheduled for the week of September 10, 2007. 14. The Child has declared unequivocally that he does not wish to see Respondent and he does not wish to speak to Respondent. 15. Any control Respondent could have over the Child is potentially harmful to the Child's physical and mental well-being. 16. Any personal contact by Respondent with the Child other than supervised visits is potentially harmful to the Child's physical and mental well-being. 17. It is in the best interest of the Child that Petitioner be granted sole legal custody and sole physical custody of the Child until Respondent rectifies the terrible, deteriorating state of her mental health, physical health, criminal activity, and overall condition of her life. WHEREFORE, Petitioner requests your Honorable Court schedule a conciliation 11 conference and subsequently grant the Petitioner's request for modification of the March 31, 2004, Custody Order and grant Petitioner sole legal custody and sole physical custody of the minor Child. Respectfully submitted, 3?? ? D Date 45alen R. Waltz,"Escrj Turo Law Offices G? 28 South Pitt Street Carlisle, PA 17013 Attorney for Petitioner Jason W. SWEENEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-6642 CIVIL TERM Heather N. SWEENEY CIVIL ACTION Defendant IN DIVORCE VERIFICATION I, Jason W. Sweeney, Petitioner in this matter, do hereby depose and state that the statements contained in the foregoing petition are 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. §4904 relating to unsworn falsification to authorities. Zl/U1 Date CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition to Modify Custody, by depositing same in the United States Mail, first class, postage pre-paid on the o,?/47?Aday of May 2007, from Carlisle, Pennsylvania, addressed as follows: Heather N. Sweeney 137 Tower Circle Carlisle, PA 17013 TURO LAW OFFICES C_,_ quire Galen R. WalWet 28 South Pitt Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 r-? N iN- t: o L:r; JASON W. SWEENEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. SWEENEY DEFENDANT 03-6642 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 29, 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, June 22, 2007 at 10:30 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 the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. 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 VINV WWd ? i :C WJ R AVW LOOZ AMONOH- O,'Id 3HI JO KidKI-amtj Gt . .y JASON W. SWEENEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6642 CIVIL ACTION - LAW HEATHER N. SWEENEY, IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Heather N. Sweeney, in the above captioned case. Respectfully submitted, Jessi lst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date:- (a.13-LT+ t - JASON W. SWEENEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 03-6642 CIVIL ACTION - LAW HEATHER N. SWEENEY, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Heather N. Sweeney, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postaye Pre-Paid Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Date: 3 - Je MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 C. ? ? .z., ; ? -± c ?? ? -< -?7 rr W : '?-;; _.:-, °?, , ? _ _.?, ? ?. .. ?...+ 4 LEGAL CUSTODY 3. The Father, Jason W. Sweeney, shall enjoy sole legal custody of the Jason W. SWEENEY, Plaintiff V. Heather N. SWEENEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6642 CIVIL TERM CIVIL ACTION IN DIVORCE CUSTODY STIPULATION/ORDER AND NOW, this l "" day of , 2007, it is hereby ORDERED as follows: 1. All previously existing custody orders are hereby vacated. 2. Colton Tyler Sweeney, born September 3, 1998, is the natural child of Jason W. Sweeney (Father) and Heather N. Sweeney (Mother). Child, Colton Tyler Sweeney, born September 3, 1998. PHYSICAL CUSTODY 4. The Father, Jason W. Sweeney, shall enjoy sole physical custody of the Child. 5. The Mother, Heather N. Sweeney, shall be permitted periods of visitation with the Child, with the following provisos: a. All visitation with the Child shall be supervised. b. No period of visitation shall include an overnight stay. C. There shall be three (3) periods of visitation per week, unless the parties agree otherwise. d. Visitation with the Child shall be a minimum of two hours per visit unless the parties mutually agree otherwise. Z C -- 1 W8 ? I H r LODZ -IHIJO Auvill 6. While in the presence of the child, no party shall make or permit to be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to any other party, or in any way injure the opinion of the Child as to any other party. It shall be the responsibility of each party to uphold all other parties as those to whom the Child owes love and respect. 7. The Father will drop off the Child and pick up the Child during the custody exchanges. 8. This agreement may be modified upon petition to the Court evidencing a change of circumstances. Jas 6,V- Sweeney Heather N. Sweeney BY THE COURT, Date c.c. Galen R. Waltz, Esquire ?? ?f G ?9"0 7 Heather N. Sweeney -?ca ?r?y, UUM 16 200 ? JASON W. SWEENEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW HEATHER N. SWEENEY, NO. 2003-6642 Defendant IN CUSTODY COURT ORDER AND NOW, this 6 y day of June, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Iiubert X. Gilroy, Custody Concilial F:\FELES\Generai\Current\12321\SWEENEY CondUation Order relinquishing jurtsdiction.wpd rv L. --;,;_.. ,_-.-_ ?... --r __ _ --. -?,-, __ ? ???? C? ? CAJ s? ?. F?E . w ?. j -!