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HomeMy WebLinkAbout04-0743KENNETH B. SWEENEY, Plaintiff VS. LISA L. SWEENEY, Defendant COMPLAINT FOR CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: : CUSTODY NOW COMES the Plaintiff, KENNETH B. SWEENEY, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is KENNETH B. SWEENEY, who currently resides at 362 Mulberry Alley, Steelton, County of Dauphin, Pennsylvania. 2. Defendant is LISA L. SWEENEY, who currently resides at 136 H Street, Johnstown, County of Cambria, Pennsylvania. 3. Plaintiff seeks to have rights of temporary physical and shared legal custody with respect to LIANA B. SWEENEY, born June 30, 1994; and MARISSA M. SWEENEY, born May 30, 1996. The children were not born out of wedlock. The children are presently in the custody of Defendant, LISA L. SWEENEY. During the past five years, the children have resided with the following persons and at the following addresses: From 1999, until June, 2002, with both parents at 523 Sherman Street, Johnstown, Pennsylvania; from June, 2002, until June, 2003, with both parents at 136 H Street, Johnstown, Pennsylvania; from June, 2003, until November, 2003, with both parents at 79 Hillside Circle, Camp Hill, Pennsylvania; from November, 2003, until February, 2003, with Defendant at 79 Hillside Circle, Camp Hill, Pennsylvania; from February, 2003, until the present with Defendant at 136 H Street, Johnstown, Pennsylvania. The mother of the children is LISA L. SWEENEY, who currently resides at 136 H Street, dohnstown, Pennsylvania. She is married. The father of the children is KENNETH B. SWEENEY, who currently resides at 362 Mulberry Alley, Steelton, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with alone. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the children and with her father and two sisters. 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by confirming rights of temporary physical and shared legal custody in Plaintiff because Plaintiff has been denied access to the subject minor children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of temporary physical and shared legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE KENNETH B. SWEEI~EY KENNETH B. SWEENEY : PLAINTIFF : V. LISA L. SWEENEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-743 CIVIL ACTIONLAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beibre Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, April 06, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to al~13ear 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/ Melissa P. Greevy, 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 belbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOLTR 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 KENNETH B. SWEENEY, Plaintiff V. : LISA L. SWEENEY, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-743 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this '~day of April, 2004, the parties having reached an agreement which shall be memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR T~T: Custody Conciliator Dist: Diane M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 Charles E. Petde, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 :226743 >c: KENNETH B. SWEENEY, Plaintiff VS. LISA L. SWEENEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -- LAW : NUMBER: 2004-743 : CUSTODY PETITION TO CONVENE CUSTODY CONCILIATION CONFERENCE NOW COMES the Plaintiff, KENNETH B. SWEENEY, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is KENNETH B. SWEENEY, who currently resides at 362 Mulberry Alley, Steelton, County of Dauphin, Pennsylvania. 2. Defendant is LISA L. SWEENEY, who currently resides at 136 H Street, Johnstown, County of Cambria, Pennsylvania. 3. Plaintiff filed a Complaint for Custody on February 20, 2004, and a Custody Conciliation Conference was scheduled for April 6, 2004. 4. Counsel for both parties reached a verbal agreement concerning the terms of the Custody Order, and Counsel for Defendant notified Melissa P. Greevy, Esquire, that an agreement had been reached. (See Exhibit "A.") The Conciliation Conference was canceled, and Attorney' Greevy relinquished Jurisdiction of this matter. 5. On April 7, 2004, Counsel for Defendant prepared and mailed to the undersigned Counsel a proposed Stipulation resolving the custody issues. (See Exhibit "B.") 6. Plaintiff signed the Stipulation and it was returned to Counsel for Defendant. Defendant now refuses to sign the Stipulation. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order requiring that another Custody Conciliation Conference be convened in the above matter. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939' ATTORNEY FOR PLAINTIFF ARTHUR K. OILS OIANE M, OILS Melissa Peel Greevy, Esquire VIA FAX: 761-3015 ATTORNEY~i AT LAW 1017 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17102 April 5, 2004 PHONE: (717} 233-8743 FAX; (717) 233-2~? Dear Melissa: RE: Sweeney v. Sweeney I represent Lisa Sweeney, the Defendant, Mr. Sweeney is represented by Attorney Charles Petrie. A conciliation is scheduled before you on Tuesday, April 6, 2004. The parties have reached an agreement as set forth in correspondence between counsel, specifically, Attorney Petrie's letter dated March 29, 2004, the terms of which will be set forth in a Stipulation and forwarded directly to the Court. Thank you for your assistance,  l~youn~, D~'ils DMD/daf Cc: Charles Petrie, Esquire VIA FAX: 561-4121 EXHIBIT "A" ARTHUR K. DILS DIANE M DILS ATTORNEYS AT LAW 1017 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 April 7, 2004 PHONE: (717) 233-8743 FAX: (717) 233~2567 Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 RE: Kenneth B. Sweeney vs. Lisa L. Sweeney Docket No. 2004-743 Custody Dear Chuck: Enclosed is a copy of a draft of the Stipulation and Agreement in the above captioned matter. Please let me know if there are any changes or corrections to be made to the same. I have also sent a draft of the enclosed document to Lilsa Sweeney and as soon as I hear from her as to any suggested changes or corrections, I will let you know. DMD/daf Enclosure EXHIBIT "B" KENNETH B. SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2004-743 LISA L. SWEENEY, Defendant CIVIL ACTION - LAW 1N CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this day of April 2004, comes Kenneth B. Sweeney and Lisa L. Sweeney, the parties above-named, and after conferring with their respective counsel, Charles E. Petrie, Esquire, and Divine M. Dils, Esquire, hereby stipulate and agree as follows: Kenneth B. Sweeney and Lisa L. Sweeney are the natural parents of two children namely: Liana B. Sweeney, born June 30, 1994, and Marissa M. Sweeney, born May 30, 1996. 2. Kenneth B. Sweeney and Lisa L. Sweeney hereby agree that they shall share legal custody of their minor children. o The parties hereby agree that they shall share legal custody of their minor child. Both parents agree that they shall confer and consult with each other concerning all major decisions involving their daughter, including but not limited to educational, medical, religion, and psychological concerns. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a iparent. Primary physical custody of the minor children shall be in Lisa L. Sweeney with the minor children's residence being 136 H Street, Johnstown, Cambria County, Pennsylvania 15906. Kenneth B. Sweeney shall enjoy partial custody with the children as follows: (a) Every other weekend from Saturday at: 10:00 a.m. until Sunday at 6:00 p.m. with the parties meeting at the Breezewood exit of the Pennsylvania Tumpike. The parties hereby agree that they shall meet at a public restaurant at the Breezewood exit of the Pennsylvania Turnpike. (b) The above alternate partial custody weekends shall be flexible and shall coordinate with the Plaintiff's National Guard duties. Kenneth B. Sweeney hereby agrees to provide the Defendant, Lisa L. Sweeney, with a copy of his National Guard Duty schedule and said weekends shall be mutually agreed upon between the parties to account for said duty. (c) Kenneth B. Sweeney shall enjoy partial custody with his children every other holiday from 10:00 a.m. until 9:00 p.m., said holiday shall include New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. The specific details shall be mutually agreed upon between the parties. The holiday schedule shall commence Memorial Day 2004. (d) Kenneth B. Sweeney shall enjoy four weeks of summer vacation with the minor children, non-consecutive, with the Plaintiff, Kenneth B. Sweeney, providing at least thirty (30) days advance written notice to Lisa L. Sweeney of his desired weeks. It is anticipated that the Plaintiff's weeks of summer vacation shall coincide with his alternating weekend schedule. (e) Kenneth B. Sweeney shall enjoy one-half of the children's Christmas vacation and spring break, with the exact days and time to be mutually agreed upon between the parties. 3 Kenneth B. Sweeney and Lisa L. Sweeney hereby agree that they shall provide the other with up-to-date information concerning their telephone numbers and current addresses. Kenneth B. Sweeney and Lisa L. Sweeney hereby agree that they shall meet at the mutually agreed upon exchange point alone, or with family members, but neither shall appear for the purposes of exchanging custody with a significant other or boyfriend or girlfriend at this time. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. Charles E. Petrie, Esquire Kenneth ]3. Sweeney Diane M. Dils, Esquire Lisa L. Sweeney KENNETH B. SWEENEY PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-743 CIVIL ACTION LAW LISA L. SWEENEY : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 17, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Wednesday, July 21, 2004 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 vresent 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 hearinff. FORTHECOURT, By: /s/ Melissa P. Greevy. 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 A~ITORNEY OR CANNOT AEFORD ONE, GO TO OR TELEPHONE 'DtE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ltELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 ! 66 JUL 2 6 2004 KENNETH B. SWEENEY, Plaintiff V. : ; LISA L. SWEENEY, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-743 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~. Kenneth B. Sweeney and Lisa L. Sweeney shall have shared legal custody of the minor children, Liana B. Sweeney, born June 30, 1994, and Marissa M. Sweeney, born May 30, 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 23 Pa. C. S. §5309, 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. 2. Neither party shall impair the other's rights to share legal custody of the children. The parties shall not alienate the affections of the children from the other party. The parties shall notify each other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. 3. Physical Custody. Mother shall have prirnary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective July 31, 2004, on alternating weekends from Saturday at 10:00 a.m. until Sunday at 6:00 p.m. The parties shall meet at the Breezewood exit of the Pennsylvania Turnpike. The parties shall meet at a public restaurant nearby the exit without the presence of a significant other, boyfriend or girlfriend at this time. NO. 04-743 CIVIL TERM B. The above alternate partial custody weekend shall be flexible and shall coordinate with Father's National Guard duties. Father shall provide Mother with a copy of his National Guard duty schedule to assist the parties in choosing an alternate make-up weekend for those weekends which Father would miss in his alternating weekend schedule due to his National Guard obligation. Father shall have the duty to keep Mother informed of any changes in the schedule and provide her with a copy of the new schedule when it is issued in October of each year. 4. Holidays. The parties shall alternate custody for the following holidays, commencing with Father having Labor Day 2004: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. The custodial period for these holidays, unless otherwise agreed, shall be from 6:00 p.m.. the day before the holiday until 6:00 p.m. the day of the holiday. The parties shall share, equally, the children's Christmas break and Spring break with the exact days and times of the exchanges to be by the mutual agreement of the parties. Mother shall have custody for Mother's Day weekend and Father shall have custody for Father's Day weekend. 5. Vacation. Commencing in 2005, Father shall be entitled to four (4) weeks of summer vacation witi~ the minor children which shall he scheduled non-consecutively. Father shall provide Mother with at least 30 days advance notice of his intended vacation plans. Father's vacation shall be scheduled to coincide with his pre-existing, alternating weekends schedule. Father shall have custody for the period from August 8, 2004 at 6:00 p.m. until August 15, 2004 at 6:00 p.m. 6. The Holiday provisions of this Order shall take precedence over the Vacation and Paragraph 3 of the parenting schedule in this Order. 7. The parties shall keep each other informed regarding their telephone numbers and residential addresses. Jo Dist: ~harles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 /~ane M. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 KENNETH B. SWEENEY, Plaintiff LISA L. SWEENEY, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-743 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT, IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE ~9t5.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME, Liana B. Sweeney Marissa M. Sweeney DATE OF BIRTH June 30,1994 May 30,1996 CURRENTLY IN THE CUSTODY OF Mother Mother 2. A Custody Conciliation Conference had been scheduled in this matter on April 6, 2004. Prior to the conference, counsel thought that the parties had reached an agreement and canceled the conciliation. The Conciliator relinquished jurisdiction. Mother did not sign the Stipulation. Father filed a Request for Conciliation on June 11, 2004. The parties convened with counsel on July 21, 2004. Present for the conference were: the Father, Kenneth B. Sweeney, and his counsel, Charles E. Petrie, Esquire; the Mother, Lisa L. Sweeney, and her counsel, Diane M. Dils, Esquire. 3. The parties reached an agreement in the form of an.(~ attached. Oat::/ q M~;lissa Peel Greevy, Esquire C,~stody Conciliator :232523