The URL can be used to link to this page

Home My WebLink About06-2848 Fred L. Harrison, Jr., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, Sherry & Benjamin Sweeney. Defendant CIVIL ACTION - LAW No.Ct-- J.J>41 CIVIL IN CUSTODY COMPLAINT FOR VISITATION I, The plaintiff is (natural grandfather of child) Fred L. Harrison, Jr" residing at 237 Southside Drive, Newville, Cumberland County, Pennsylvania 17241, 2. The defendants are (natural parents of child) Sherry & Benjamin Sweeney, residing at 1331 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013, 3, Plaintiff seeks visitation of the following child: Name Present Residence DOB Age Benjamin 1. Sweeney 1331 Pine Road Newville, Pa 17013 10-16-00 5 years old The child was not born out of wedlock The child is presently in the custody of Sherry & Benjamin Sweeney, residing at 1331 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Sherry & Benjamin Sweeney 1331 Pine Road Carlisle, Pa 17013 Since Birth 4. The mother of the child is Sherry Sweeney, residing at 1331 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013, She is married, The father of the child is Benjamin Sweeney, residing at 1331 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013, He is married, 5, The relationship of plaintiff to the child is that of Grandfather, The plaintiff currently resides with the following persons, Name Brenda Harrison Relationship Wife 6, The relationship of defendants to the child is that of Parents, The defendants currently reside with, the following persons. Name Benjamin], Sweeney Relationship Son 7, 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 ofthe child and claims to have custody or visitation rights with respect to the child, 8, The best interest and permanent welfare ofthe child will be served by granting the relief request because: Plaintiff desires visitation rights which would be in the best interest of the child and would not interfere with parent-child relationship, Plaintiff desires to maintain the family bonds which have been established, and the continued stability of the relationship is in the best interest of the child, WHEREFORE, Plaintiff requests this Court grant Plaintiff visitation rights with primary physical custody by the Defendants. Respectfully submitted, ROMINGER & WHARE Date: )'/ { ~-; (; & I f Le Ie A. Tome , Esquire 155 South Han ver Street Carlisle, P A 17013 (717) 241-6070 Supreme Court I.D, # 200198 Attorney for Plaintiff Fred 1. Harrison, Jr., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, Sherry & Benjamin Sweeney, Defendant CIVIL ACTION - LAW No, CIVIL IN CUSTODY VERIFICATION I verify that the statements made in this Complaint 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. ~~~ Fred 1. H 'son, Jr" Plaintiff Fred 1. Harrison, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL Y ANIA v. Sherry & Benjamin Sweeney, Defendant CIVIL ACTION - LAW No, CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sherry & Benjamin Sweeney 1331 Pine Road Carlisle, Pa 17013 Date: ~jr~/v (, e Ie A. Tom 0, squire 155 South H over Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D, # 200198 Attorney for Plaintiff ("'J :b: (') ~ ~ c:: = ~ :,c" <J' ~~ 'i ~ -t'"1(^.; - _.".~ l"j~)(: "''''' '-" :t:: \) cf)\..l::.. - :giD - Cjj (.) I -:! ~ -<:. --'- ~~~~ ~ r;::- \..) ""'= ~r; , -0 - -;/"'-) -;.c t:P~ ~ ,,-.-.,.<-j ~ ):-""'- r;? <.: -\ '~ c.o:> ~ ~ 0:l r, ~ FRED L. HARRISON, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-2848 CIVIL ACTION LAW SHERRY & BENJAMIN SWEENEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 26, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 30, 2006 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolye 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 proyide 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 hearin2:. FOR THE COURT. By: Isl Hubert X Gilro 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 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 HA VE 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 .~ ~'# :~~ '717.0C'~ '* ~ ~ '~u, ~r7' (J['.S ~ r '2 ~ ~ -.p?; ~'O~.F 6 S :2 ~!d 08 A \Hl900Z Atlv.l" , ..~, I ,'Y 'd 'I{L .:10 IU!-:; "~" I ~~'1r -" 1'.....'1 I..L....../'..J -i 3JI:!::!O.~03lI:l ) \ FRED L. HARRISON, JR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V, 06-2848 CIVIL ACTION LAW SHERRY & BENJAMIN SWEENEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday. June 27, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M, Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July II, 2006 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 de line and narrOw the issues to be heard by the court, and to enter into a temporary order. All children age live 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 hearin!!, FOR THE COURT, By: Isl 'acqueline M. Vemev. Esq. A~Y 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court. please contact our oftice, 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 HA VE 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 I 3 Telephone (7 I 7) 249-3166 .~ ~ Jp' ^": l"rI ~ .Jk~~~ ~p~~k,;'1W , , , \ 10.1t-' L ~. ,c., L. "J~' ~.; L. 87 : J I iiI' ,.. ... .. .v oJJ (- ;:lfPI"'i17 .' d) )Ju" ~'I"IJ' ,i(' ,.1 ~ _;"j FRED L. HARRISON, JR., Plaintiff ~ JUl 2 6 200r : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2848 CIVIL ACTION - LAW SHERRY & BENJAMIN SWEENEY,: Defendants : IN CUSTODY ORDER OF COURT AND NOW, this 81 sf- day of S..v p~ ' 2006, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room N6, E , of the Cumberland County Court House, on the ~Qik.day of ~ ,2006, at J :3D o'clock, L. M., at which time testimony will be en, For purposes of this Hearing, the Grandfather shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness, These Memoranda shall be filed at least ten days prior to the Hearing date, 2. Pending further Order of Court or agreement of the parties. the following shall remain in effect: 3, The Parents, Sherry Sweeney and Benjamin Sweeney shall have sole legal and sole physical custody of Benjamin ], Sweeney, born October 16, 2000. 4, Grandfather has no right to any visitation with the child. 5, This Order may be modified by mutual agreement. In the absence of mutual consent, the terms of this Order shall controL BY THE COURT, c~ed Lester, Esquire, counsel for Grandfather ~ichael A. Scherer, Esquire, counsel for Parents -l /0'1 r'/j o !j" I',:, ,?~~ :Cil Qi)fl7 "'" ~ :~i..jl i"; FRED L. HARRISON, JR., Plaintiff JUl2 6 2006~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2848 CML ACTION - LAW SHERRY & BENJAMIN SWEENEY,: Defendants : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin J. Sweeney October 16, 2000 Parents 2, A Conciliation Conference was held July 25,2006 with the following individuals in attendance: The Grandfather, Fred L. Harrison, Jr.. with his counsel, Fred Lester, Esquire, and the Parents, Sherry & Benjamin Sweeney, with their counsel, Michael A. Scherer, Esquire. 3. Grandfather's position on custody is as follows: grandfather seeks visitation of the child a couple hours per week. He indicates that he previously had frequent contact with the child at the pleasure of the parents. A dispute has occurred in the family relationship and the parents have discontinued contact. Grandfather admits that he has not had the custody of the child for 12 months or more. 4, Parents' position on custody is as follows: Parents maintain that Grandfather does not have standing to bring this custody action. They will not agree to any visitation with Grandfather. 5, The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents sole legal and sole physical custody of the child and denying Grandfather any contact with the child. It is expected that the hearing will require one day, /j /)-5 ~(, Date ~J:l~;;j Custody Conciliator .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED L. HARRISON, JR., Plaintiff NO. 2006-2848 v. CIVIL ACTION-LAW IN CUSTODY SHERRY & BENJAMIN SWEENEY Defendants MOTION FOR CONTINUANCE NOW, comes the Petitioner, Fred L. Harrison, Jr., (hereinafter "petitioner") by and through his attorney, Frederick Lester, Esquire, and respectfully moves this Honorable Court to grant petitioner's motion and avers the following: 1. Petitioner wishes to amend the Complaint regarding custody of the minor child, Benjamin J. Sweeney, (hereinafter "child") to reflect petitioner's wish to obtain full custody of the child. 2. Petitioner wishes for a brief period of discovery, during which time petitioner wishes to serve on the opposing party interrogatories relative to the case. Petitioner did not expect the hearing to be scheduled roughly one month from the custody hearing in front of Jacqueline Verney, Esq., and will not be fully prepared for the hearing without the continuance. 3. This is the first listing for this matter and, as such, has not been continued before. 4. Finally, Counsel for plaintiff has a conflict on the 28th of August, 2006, due to call of the list in Franklin County, PA. Counsel for plaintiff has five clients scheduled that day, and it is unlikely that counsel will be finished in the a.m. session of court. 5. Counsel for petitioner has made a few attempts to contact opposing counsel at his office today regarding the continuance request, but has been unsuccessful. WHEREFORE, for each of the following reasons, petitioner hereby moves this Court to continue the case for a period of at least five weeks. Date: 8'1>>-/04 Fred ck P. Lester Attorney for petitioner Attorney J.D. #87176 35 East High St. ste. 204 Carlisle, P A 17013 Verification I, Frederick Lester, hereby verify that the facts contained within this Motion are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. /~ Date: 8/~/04- Frederick Lester Attorney for Petitioner Fred L. Harrison, Jr. , ~ CERTIFICATE OF SERVICE I, Frederick P. Lester, do hereby certify that on this 22nd day of August, 2006 I caused a true and correct copy of the Motion for Continuance on behalf of the petitioner, Fred L. Harrison, Jr., to be served upon the following persons by first class mail: Michael A. Scherer, Esquire 19 West South St. Carlisle, P A 17013 o c. tf .. """ = = ~:::f"'\ ~ ~-n n1- r -om :00 ~') 1. ~-::-lU "-r--T' 'jA_ -H ~? ;:) 8m ?i1 -< ;.t:J!o r 6 N N -0 ~ .r.- N II , - FRED L. HARRISON, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-2848 CIVIL TERM SHERRY & BENJAMIN SWEENEY,: CIVIL ACTION-LAW Defendants I N CUSTODY DEFENDANTS ANSWER TO PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW, comes Sherry and Benjamin Sweeney (hereinafter "natural parents") by and through their attorney, Michael A. Scherer, Esquire, and respectfully answers the Plaintiffs Motion for Continuance as follows: 1 . The natural parents would respectfully request that if the Plaintiff (hereinafter "maternal grandfather") wishes to amend his Complaint that he be given twenty (20) days to do so. 2. Natural parents agree to a period of discovery, which natural parents would use to investigate the issue of whether maternal grandfather has standing in this case. 3. Natural parents agree that this is a first request for a continuance by maternal grandfather. 4. Natural parents have no knowledge of maternal grandfather's counsel's schedule. 5. Undersigned counsel did not receive any contacts from maternal grandfather's counsel regarding this request for a continuance. 1\ 1-- I 6. The natural parents would request an Order in the form attached. Respectfully Submitted, O'BRIEN, BARIC & SCHERER JtI1i4v Michael A. Scherer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendants mas.dir/domestic/sweeney/defendants.ans . II I; I: I' CERTIFICATE OF SERVICE I hereby certify that on August 23,2006, I, Andrea M. Barrick, secretary to Michael A. Scherer, Esquire, did serve a copy of the Defendants Answer to Plaintiff's Motion for Continuance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Frederick Lester, Esquire 35 East High Street, Suite 204 Carlisle, Pennsylvania 17013 ~JAuv fYL. ~, , Andrea M. Barrick (") c <"" e~ fi 1'-0.) = C--:> <::r'> )~ C- (;) N W -0 -,~ _. o ." 3:!11 nl;= -om ~oO C) I .,-:/ c'':'1 2;33 :(:~ ~.~ ' 55 -< w .. .- c..) .' .' :r uA.~ '1wK 'I RECEIVED: ] , AU~( 20(16 , lux: -J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED L. HARRISON, JR., Plaintiff NO, 2006-2848 v. CNIL ACTION- LAW IN CUSTODY SHERRY & BENJAMIN SWEENEY Defendants ORDER AND NOW. this~~y of ~ ,2006, it is hereby ADJUDGED, ORDERED and DECREED that the plaintiff's motion for a CONTINUANCE is GRANTED, The date of the hearing shall be the JP'tL day of 1)pv~, 2006, at q:317 o'clock in the~_ in court room~, By the Court: ,-\~ J, ~~,.A.lIoo.: .,fr. ',u-.\ ~. fo~ ,lias.. I' "'-" ~ s.t. t..".\~.... \ 1ft \'1013 ~1AA"t. ....tN','~. 3S' e...... 14c~ \0. &t. .4t......, ~ ~Wlo\\''', p" 1'1-o1~ ~ ~'\j ~~ t:j ". ", , , , ' <, ~'':!.-{'1 Vil\i\f,A,lAS\)N3d }J:NI,r,' r',', "", '~'"'^'n" _ I~~./.'-' ".;' .,", /::!-~~\Il ...., S'1 :ZH-ld' '12 ~nv ~oz ~~ Al:JItLONOH1OtJd 31-11 ::10 , 381J:!o-a31l::1 II -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED L. HARRISON, JR., Plaintiff NO. 2006-2848 v. CIVIL ACTION-LAW IN CUSTODY SHERRY & BENJAMIN SWEENEY Defendants PRAECIPE TO WITHDRAW CUSTODYNISITATION PETITION NOW, comes the Petitioner, Fred L. Harrison, Jr., (hereinafter "petitioner") by and through his attorney, Frederick Lester, Esquire, and respectfully moves this Honorable Court to grant petitioner's motion and avers the following: 1. Petitioner wishes to withdraw the instant petition. 2. Petitioner has discussed the matter with counsel and has carefully considered this acti on. 3. At this time, petitioner does not wish to pursue this matter any further. WHEREFORE, for each of the following reasons, petitioner hereby moves this Court to GRANT the Praecipe to Withdraw. Date: 11!-3> 10 <: Respect~' d, Frederick P. Le er Attorney for petitioner Attorney LD. #87176 35 East High St. ste. 204 Carlisle, PAl 7013 (717)243-7760 ,. Ie Verification I, Frederick Lester, hereby verify that the facts contained within this Motion are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. ~~ Date: 'l J') 10 G Frederick Lester Attorney for Petitioner Fred L. Harrison, Jr. CERTIFICATE OF SERVICE I, Frederick P. Lester, do hereby certify that on this 3rd day of November, 2006 I caused a true and correct copy of the Praecipe to Withdraw on behalf of the petitioner, Fred L. Harrison, Jr., to be served upon the following persons by hand delivery: Michael A. Scherer, Esquire 19 West South St. Carlisle, PA 17013 (J ~. ~-;Clh r--.> c:;;> L2"') 0.... o .1 ..... II1 iT'- -";23 :7: C':) ~;.: I W .i (~1; - -';-l --0 -'-? ->- ;.:.;;5~ :::::1 --r-.. "1J =-< N .. .c- O) .. V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2848 CIVIL FRED L. HARRISON, JR., PLAINTIFF SHERRY & BENJAMIN SWEENEY DEFENDANTS CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 6th day of November, 2006, upon consideration of the Praecipe to Withdraw CustodyNisitation Petition filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that the Praecipe to Withdraw CustodyNisitation Petition is GRANTED and the hearing previously scheduled for Monday, November 20, 2006 at 9:30 a.m. is cancelled. By the Court, Frederick P. Lester, Esquire Attorney for Plaintiff Michael Scherer, Esquire Attorney for Defendants ~~ I/.f) 1. Of., bas Q.- ".~V\!flJ 6 S : II Ht1 L - AON 9002 Atl\;!lC,'K':':L 1):,>3 3H1 :10 :[):J,:i(}.(]jli:J