HomeMy WebLinkAbout96-01920
with the proceeds being deposited into the corporate account, This use of property shall not be
deemr~ a final marital property selllcmenl.
5, The deft:ndant is excluded from the marital n'sidence located at 319 West Creek
Road, Newburg, Cumberland County, Pennsylvania, excep1 for the following limited purposes:
. transferring custody of the parties' minor children:
. using the parties' jointly owned business office in the basement of the marital
residence between 1he hours of 5:30 a,m, through 10:00 p,m, with his access to
the office by a separate outside entrance to be built by him in a design mutually
agreed upon by the parties and to which the plaintiff has a key, and
. accessing the land surrounding the marital property between 4:00 a,m. and
12:00 a.m, for moving, removing, sloring and working on construction equipment
used to perform jobs for 1he parties' jointly owned business, Morrow
Construction, Inc,
6, The defendant is ordered to stay away from any residence the plaintiff may in the
future establish for herself, except for the limited purpose of transferring custody of the parties'
minor children,
7, Court costs and fees are waived,
8, This Order shall remain in effect for a period of one (I) year and can be extended
beyond that time if the Court finds that the defendant has commilled an act of abuse or has
engaged in a pallem or practice that indicates risk of harm to the plaintiff or the parties' minor
children, This Order shall be enforcc.1ble in the same manner as the Court's prior Temporary
Protection Order enlered in this case.
Morrow Construction, Inc, corporate property in the usual course of business with the proceeds
being deposited into the corporate account. This use of property is not to be deemed a final
marital property selllement,
5, The defendant agrees to stay away from the marital residence located at3l9 West
Creek Road, Newburg, Cumberland County, Pennsylvania, except for the following limited
purposes:
. transferring custody of the parties' minor children;
. using the parties' jointly owned business office in the basement of the marital
residence between the hours of 5:30 a,m, through 10:00 p,m, with his access to
the office by a separate outside entrance to be built by him in a design mutually
agreed upon by the parties and to which the plaintiff has a key, and
. accessing the land surrounding the marital property between 4:00 a.m, and
12:00 a,m, for moving, removing, storing and working on construction equipment
used to perform jobs for the parties' jointly owned business, Morrow
Construction, Inc,
6, The defendant agrees to stay away from any residence the plaintiff may in the
future establish for herself, except for the limited purpose of transferring custody.
7, The defendant, although entering into this Agreement, does not admit the
allegations made in the Petition,
8, The defendant understands that the Prolection Order entered in this mnller will
be in effect for n period of one (I) year and can be extended beyond that time if the COllrt finds
that the defendant has commilled an act of abuse or has engaged in a pallern or practice thaI
indicates risk of :Jarm to the plaintiff or the parties' minor children, The defendant understands
that this Order will be enforceable in the smne manner as the Court's prior Temporary
Protection Order entered in this case,
9, Violation of the Protection Order may subject the defendant to: i) arrest under 23
Pa,C,S, fi6!13; ii) a private criminal complaint under 23 Pa,C,S. fi6113,1; Hi) a charge of
indirect criminal contempt under 23 Pa.C,S, fi6114, punishable by imprisonment up to six
months and a fine of $100,00-$1,000,00; and iv) civil contempt under 23 Pa,C,S, fi61!4.1.
10, The defendant and the plaintiff agree to the entry of an Order providing for the
following custody schedule for their children, Amanda K, Morrow, Allison A, Morrow, and
Dean M, Morrow,
a, The mother will have primary physical custody of the children and the
parties will share legal custody,
b, The father will have partial custody of the children on alternating
weekends from Satunlay at noon until Sunday at 7:00 p,m" each Tuesday from
6:00 p,m, until 8:30 p,m" and at other times mutually agreed upon by the
parties, This schedule will commence on Tuesday, April 16, 1996,
c. The mother and father agree that they will notify the other of medical
emergencies which arise while the children are in that parent's care,
d, The parties realize that their children's well being is paramount to any
differences they might have betwecn thcmsclves, Thcrefore, they agrce that
neither party will do anything which may estrange the children from the other
parent, or injure the opinion of the childrcn as to the olher parent or which may
hamper the free and natuml development of the children's love or respect for the
other parent,
WHEREFORE, the parties request that a Protection and Custody Order be entered to
refleet the above terms,
f L/;!;!;,,~~v
Cheryl A, orrow, Plain ff
(1 /() /'
~'-rt" / ~Vu {J
(Joan Carey
Attorney for Plaintiff
,
LI') ~
_J~~ ,0 )r,~t1.,J
Gawln 13, Morrow, Defendant
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Kimberly S, Gr
Attorney for De'endant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
MARTIN & GRAY
38 North Main Street
Chambersburg, PA 17201
(717) 263-8500
1 (The following was requested to be
2 transcribedl)
3 THE COURT I Mrs. Morrow is going to continue
4 to live in the house. You've got the business in the
5 basement. The man needs access to the business. It's no
6 way to run a railroad. He's not going to build the separate
7 entrance, so the business has to go somewhere else. It's an
8 intolerable situation, probably for both of you, to run the
9 business there with a PFA in existence. So, if a separate
10 entrance isn't going to be built, then get your business out
11 of the basement and establish it somewhere else so that you
12 can cut down the contact between the two of you.
13 Mrs. Morrow, it sounds like you have a
14 long-time company up there, perhaps with a good name in the
15 building business. I don't know. But your corporation may
16 not be anything more than a paper shell, ma'am, not having
17 much assets or not much value. If it is a ahell, you should
18 be concerned whether your husband continues to work for the
19 corporation or starts over. I don't know what your
20 situation is, and I'm not attempting to make any judgment on
21 it, but you're going to have to get it resolved. You can't
22 keep on going like this.
23 I think maybe YOU'd better get this PFA
24 amended to keep him out of the house till you get the
25 business transferred somewhere else, because this is really
2
1 a very silly allegation, Mrs. Morrow, to make when the man's
2 got to get the books.
3 (The following Order was entered by the
4 Courtl)
5 AND NOW, this 20th day of May, 1996, after
6 hearing and consideration of the testimony prasented on
7 the contempt allegation, we find the allegation to be a
8 de minimis violation of the Order, if, indeed, it is a
9 violation at all, in view of the fact that the family
10 business is established in the cellar. Consequently, the
11 allegation is dismissed.
12 (Court was adjourned at 9155 a.m.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
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Susan L. Rice
Official Stenographer
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
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4
CIIERYL A, MORROW,
IN '1111' L'OURT OF nlMl>tON PLEAS OF
PIli intHf
for herRe If IIIllI on behlll f nf
her minor children:
MtANI1A K, MOllROW,
AL\.I SON A. MORROW, IIIllI
ImAN M, MOIll{()W,
l'IJMIIERLANIl UlUNTY. PENNSYLVANIA
CIVIL AnION - LAW
v,
NO, CJti- l'fJ C'
CIVIL TERM
GAVIN II, MOIUWW.
lie f endlln t : I'RO'l'EeI'lON FROM AIIUSE ANIl L'lIS'IXlIlY
I 0 ~l()Rl}Hy.J!RCl.l1il.-:J:IOO.!>FJlliB
ANIl NOW, this . __...,____.. dllY nf Apri I. 19%, upon presentllt ion nnd
,
conslderlltlon of the within Pet It ion. IInd upon finding thllt the pllllnt I ff, Cheryl
A, Morrow. rind the minor children. Amnndll K, Morrow, All ison A, Morrow, IInd Ilenn
M, Morrow, now residing lit JI9 West Creek ROlld, Newburg. Cumberlllml County,
Pennsylvllnla, /Ire in Immedlllte IInd present dllnger of nbuse from the defendllnt,
Gilvin Il, Morrow, the fnllowing 'I'emporllry Order is entered.
The defendllnt, Gavin Il. Morrow, (SSN: 206-JIl-8840) (1Xl1l: 1/15/55), is /In
adult indivldurll residing lit 325 West Creek Rand I Newburg, cumberland County,
Penns)'lvllnln, is hereby cnjolned from physlclllly abusing the plnlnt Iff I Cheryl
A, Morrow, or the mlnnr chlldrcn, or from pllldnll them in fCllr of IIbuse,
The defendllnt Is excluded from the mllrltnl rcsldenco Incllted /It JI9 WCRt
Creek ROlld, Newburll. cumberlllnd county, I'ennsy I vlln ill , II residence which III
joint Iy owned by the pllrtles,
The defendllnt Is ordered to stllY IIWIlY from IIny residence the pllllnt Iff mllY
In the future elltllbl Ish for hersell'.
The dcfendllnt Is enjoinell from hllrnssing nnd stlllklnll the pllllntl rr /lnd
from hnrllsslng her rellltlves nr the minnr chlldnm,
The defendnnt Is enjoined from enterln!lthe I'lnintHf's plllce of employment
or the IiChOlll1i nf the minor children.
'I'he I'ennsylvllnin Stllte Police sllllll be p/'Ovided with II certified copy of
this order hy tho plllintlff's allorney. This Order shill I be enforced hyany IlIw
onforcement agency where II violut ion occurs hy Ilrrest for indirect criminal
contempt without wllrrnnt upon prohllhle clluse thllt this Order hils heen violuted,
whethur or not the viollltion is cllmmitted in thu presunce of the police officeI',
In thu event thllt IInllrrest is mude. undel' thiH section, the defernlant shllll be
tllken without unrlecellsory delllY hefore tho court thut ISllued thu order, When
lIull court is unavlli IlIhle, the defernlllnt shill I hu tllken bufore tho appropriate
district justice, (23 Pu,C,S, 6611.1).
Uy th' COll't,
Judge
Joan Carey
I.IDA!. SIlRVICIl8. INC.
Attorney for Plllintiff
al On or about Mllrch 31, 1'1911, the defendant held a camera in thc
plaintiff's fllCC, bcglln tllking pictures of her face, and when she
tr led to get him tll stop, he pushed her hllckwanl. Whcn thc
plllintlff trlcd tll get her cllr keys to lellve, the dcfcndllnt pushed
her llbout und pinned her uRninst thc stccring wheel continuing to
tllke plcturcs of the I'llIintlff's fncc, Thc 1IIIIintiff telcphoned thc
I'cnnsylvllnin Stlltc Pollcc who advised the dcfcndant to leave the
home IInd not to return,
bl On or IIhout March 21), 1'l9fi, thc defendllnt shoved the plaintiff
IIgainst the Willi using his shoulder, Whcn the parties' 15 year old
daughter, Amllndn, heurd the noise IInd came upstairs to the bedroom,
the defendllnt told her to Ie/lYe and whcn she turned to leave, the
defendllnt dove across the hed after her IInd grllbbed at her
nightshirt. The plaintiff yelled to Amllndll to ell I I 911 for help,
and liS the child rlln down the stai rs, the defendant chased after
her, Thc pllllnt Iff Intcrvened, told the defendant she would tllke
the kids und lellve, but ho grahbed the keys to hcr vlln out of her
hand und told her shc WIIS not going IInywhere, When the plaintiff
tried to get the vlln keys from the shelf where the defendant had set
thcm, he pushed the plllintlff into the wull wi th his shoulder wi th
such force that thc bulletin baliI'd fell off of the wall. The
parties' 10 yeur old son, Ilelln, tried to get the van keys, too, hut
the defemlnnt gruhhed thc child's wrist, squeezed it and pushed his
urm IIgllinst the shelves, Whcn thc chi 1<1 cried IInd told the
defendnnt he wns hurting him, thc defenclllnt relensecl the child who
fell to the rtoor cl'yingllllll holding hiH IIl'm. The I'llIintlff tried
to telephone the defemlnnt's parents for help, but he pulled the
telephone cord out of the wall jack, The defendant then left the
home. but became enraged when he could not find cash that he had
hidden, grnbbed the plnint I 1'1' by her neck, pushed her aglllnst 11 coat
tree, and screuml,d at her to give him hiI' money, When ull three of
the plirt les' chi Idren tried to push the defendunt uwuy from the
plnint i 1'1', he let go of the plaint iff. turned und shoved Amundn.
The defendllnt then left the houl'e for upproxlmntely one hour,
returned. und bunged on the door repeutedly, demundlng to be let in
despite the plaintiff telling him to lellve. After the plulntiff
relented nml ullowecJ him Inside, the defendant followed her about
the house, then stood In the doorwny of the bathroom, und refused to
let the pluintiff out. The purlies' children cume upstairs, told
the defendant to leuve the pluint I 1'1' alone, und she WIIS able to get
uway rrom him, 'I'he plnintifr then telephoned 911 1'01' help, but the
defemlunt took the telephone rrom her und hung it up saying, "You're
not calling IInyone," When Amnndu told the defendllnt to lenve the
plnlntlrf ulone. he shoved the girl Into the bookcnse with both his
hllnds, then 1'01 lowed her upstllirs. shoved her into the wull und held
her there, The plulntifr pulled the derendant away rrom Amundu, but
he went urter the girl ugnin. und shoved the plaintifr into the wall
on the stuirs as she tried to keep him rrom gelling to Amnndn. The
plalnti 1'1' run to her vun, used her mob I Ie phone to telephone 911 1'01'
help. und wuiled 1'01' tbe pol Ice to Ilrrive, The derendunt went out
to the vun, bunged on the windows wi th his fists. IIncJ told the
pluintiff to get buck In the house, She refused to get out or the
vehicle fearing for her sufety, The Pennsylvllnla State Pollee
arrived, citod the defendant with simple ussuult und stalking und
advised him to leuve the marital home Immediutely, The plulntlff
sustulned scrutches on her hands and bruising about her urms, und
the Pllrlies's son, ()can, sustuined bruising on his IIrm as a rnsull
of this Incident,
c) On or about Murch 24, 1996, the plaintiff, who WIIS downstairs,
heard u loud thump, then heurd the parties' 12 year old daughter,
Allison, yell, "Dad, stop it. You're hurting me," The plaintiff
ran upstui rs and found All ison crying, holding her arm, All ison
told the plllinliff that the defendant shoved her into a door jamb.
S, The plaint I ff be lleves and therefore avers thut she IInd the minor
chi ItJren are In immedlllte and present danger of abuse from the defendant should
they remain In the home without the defendant's exclusion and that they ure in
need of protection fmm such abuse.
6, The plaintiff desires thut the defendllnt be enjoined from harassing
und stalking the plaintiff, IInd from harassing her relatives, or the minor
chi Idren,
7, The defendant Is enjoined from entering the plaintiff's plnce of
employment or the schools of the minor children.
8, The plaintiff desires that the defendant be enjoined fmm removing,
dllm/lgin!!, destroying or selllnl! any property owned jointly by the parlies or
owned by till' pllllnli ff,
II, _. .1<:x'(l,!!1!.!YIi.J!)SSI\SliWN
9, The home frolll whldl the pl/lillll rr Is IIsking the Courl to exclude lhe
dcfendulIl Is owned in llll' nalOes of the parlles, Sillce March 31, 19%, when the
IXII Ice advised the defendunt to leuve the nUlI'ltal residence the defendant has
been residing wi th his parents who reside next door to the parties.
10, The plnlntl ff currently hus no plllce to stuy with her chi Idren except
the mnrltal home, und the defel1llnnt has fumi Iy uud friends in the areu with whom
he cnu stny,
11. The plaintiff desires IXlssession of the home so liS to give the
greutest degree of continuity to the lives of the children und to ullow them to
cont Inue their educutlon at their schools und to continue their school and social
uct I v It i es,
12, The plnint iff desires the defendant to provide suituble allernate
housing for her und the minor chi Idren,
C. SIJPi'ORT
13, The defendant has a duty to sUPIXlrt the plalnti ff and the minor
children,
14, The plaint iff 15 In need of flnunclul supJlOrt from the defendant
Including, but not I iml ted to: heullh Insurance coverage, payment of unreimbursed
medical expenses for the plaint i ff und/or the chi Idren, the mortgage payment on
the rosidenco nt JI9 West Creek Road, Newburg, Cumberland County, Pennsylvania.
15, The defendant Is self-employed, Morrow Construction Inc" and has
unnual slllary of IIpproxlmately $75,000,
16, The plaintiff currently has no Income to provide for her minimal
needs unll those of the children unt II such time us u supJlOrt order can be
ohtulned by I'll log at the Domest ic Helut ions office,
17, The plulnt I ff lnterllls to pet i t ion for supJlOrt wi thin two weeks of the
Issuunce of /I protect Ion order,
Ih-<"lTI'OR1!!iY.J'EfJi
18, Thu plnintiff nsks thnt the dufundunt bu onlurcd to pny runsonablu
nttorney fees to I.cgnl Services, Inc,
Ii. TI-:?t!L'OIW!Y C\!:LTQP.J'
19, The plnintiff sccks tempornry custody of thc following children:
N~ l'I!J1l!JnL Re!!lQ!Jfl!l!! AK!l
Nnnndn K, Morrow 311) Wellt Crcek ROIllI 15 yenrs old
Newburg, PA DOll: October 6, 1980
Allison A, Morrow 31lJ West Creek Rand 12 yenrs old
Ncwburg, PA DOll: August 9, 1983
Dcan M, Morrow 319 West Creek Road 9 years old
Ncwburg, PA 1lO1l: July 29, 1986
Thc childrcn were not horn out of wed lock,
Thu chi Idrcn lire prcscnt Iy in the custody of thc plaint i rr, Cheryl A,
Morrow, who resides lit 31lJ WCllt Creek Rond, Newburg, Cumberlllnd County,
Pennsy I vnn i II,
During the past five yellrs the chi Illren hllve resided with the following
persons nnd lit till! following IIddresses:
HJ!!IJ!l
&!!!J:eIlS!1l!
U!illlli
Plnlnt iff
319 Well t Crcek Rand
Newburg, PA
March 31, 1996
to the prcsent
Plaint I rr nnd dcfemlnnt
319 Wes t C,'cek Rond
Ncwburg, PA
April. 1'191
to Mnrch 31, 1996
The plnlntlff, the mother of the chlldnm, Is Cheryl A. Morrow, currently
residing nt 319 West Creek Rond, Newburg, Cumberlllnd County, Pennsylvnnin.
shc Is mnrrled,
b, The defendnnt hns shown by his nbuse of the
pllllntlff thnt he is not IlII npprnprlnte role model tor
the minor chi hlren,
c, The Ilcrel1llnnt's behnvlOl' hus IlIlversely nffccted
the ch I "Iren,
\\1IEREI'ORE, pursunnt tll the provisions of the "Protection from Abuse Act"
of Octoher 7, 1976, 2J P,S, " 6101 !!! Reg" as nmended, the pllllntlrf prnys this
lIonoruhle Court to grnnt the following relief:
A, Grunt n Temlxlrllry Order pursunnt to the "Protect Ion from Abuse
Acl: It
I, Ordering the defendant to refrnln from IIbuslng the
plnint I rr und tho minor chi Idren or plllclng them In fellr of
abuse;
2. Ordering the defendant to refruin from hllrllsslng and
stalking the plnlntlff ami from hnrassing her rellltives and
the minor child/ren;
J, prohlbi t ing the defendnnt from entering the plaint I ffls
plllce of employment IInd the schools llf the minor children!
4, Prohlhitlng the defel1llnnt from removing, dnmngln!!1
destroying or sell ing properlY joint Iy owned by the pnrt ies or
owned hy the plllintiff;
5, Grnnt Ing possession of the mnrllnl home locnted nt JI9
West Creek Rond, Newhurg, CUlnherlnl1l1 County, Pennsylvnnlll, to
the plnlnt I rr to the exclusion of the defendnnt pending n
finnl onler in this mutter;
Ii, Ordering the defellllllllt III sluy IIwuy from IIny residence
the plnilltiff mny in the future estuhlish for hersulf;
7, ordering the defendnnt tll provide sui tnhle nl turnute
housing for the plllint i 1'1' nm! the minor chi Idrun, IInd
8, Gl'llnting tumlKlJ'lIry custody of the minor children to thu
plnintiff.
n, Schedule n hUllring in ucconluncu with lhe provl:;)ons of the
"Protection from Ahuse Act," lind, ufter such heurlnll, eliteI' un order to he in
effect for n per iod of onu yunr:
I, Ordering the dcfendunt to refrain from ubusing the
plaint iff nnd thu mlnur chi Idren uml from plllclng them in feuI'
of nhusu,
2. Ordering the defenlhmt to refruin from harassing and
stulking the plnint iff nllll from hUl'llssing her relntives und
the minor chi Idren,
3, Prohibiting the dufendllnt frum ulltering the plaintiff's
plllcu of employment uml the schools of the minor children.
4, Prohihlt ing the defendllnt from removing, damuging,
destroying or sell ing property joint I)' ownud by the purt ius or
owned by the pluintiff.
5, Gl'llnting IKlssession of the mnrllul home locnted lit 319
West Creek J/olld, Newhurg, Cumhurlund County, Pennsylvllnill, to
the pllllnt i 1'1' to the exL'lusion of the defendunl.
6, Onlerlnfo: the llcfendnnt to stllY IIwny from UIlY rusldenco
the plllint iff I1II1Y in the future estuhl iHh for herHel 1',
7, Ordering the defemJunt to provide suituhle ulterrlute
housing for the pluintiff und the minor children,
8, Grunting support to the pltllnt iff und the minor chi hlren
In the umountor $700.00 per week puyuhle to the plnlntlff In
the 1'01'11I of u check or money onler. lIIulled to her resilience,
IIIIlI ordering the ddendnnt to provide heulth covern!!e to the
pluintirr nnd the minor chi Idren, directing the defendunt to
puy nil of the unreimhurscd medlcul expenses of the plulnt i ff
uml/or minor chi Idren of the ddemlunt to the provider or to
the plnint I 1'1' when she hus pnid for the medicnl trentment und
directing the defendunt to muke or continue to muke rent or
mortgnge pllyments on the residence of the plllintlff.
9. Ordering the defendllnt to pay rellsonllhle IIttorney fees
to l.egal Services, Inc,
The plllint i 1'1' further IIsks thllt this Pet i t ion he filed nnd served wi thout
payment of fees IInd costs hy the plllintiff. pending II further order lit the
hellring, IInd thllt II cert Ified copy of this Pet Itlon IInd order he del ivered to the
Pennsylvllnin Stnte Police which have jurisdiction to enforce this Order,
The plnint I ff prnys for such other re I IeI' liS mllY he just IInd proper,
COIJNT II
Cl)s1'OIK.!lliillm 1'I':mlSY1,Vi\NlLI CIJI!TIillLI,6W
24, The nllegut ions of Count I nhove nre Incorpornted herein us If rully
set rorth,
25, The hest interest U/ll1 permunent welfure or the minor chi Idren will
he served hy confirming custody in the pllllntlrr us set rorth Inl'ul'lIgrnph 23 of
the Petition,
\\\IEREFORE. pursunnl lo 2.1 (',S. !i 5.101 et Be,!" nnd olher nppl icnblc rulc.,
nml Inw, the plninl i 1'1' prnys lhis Ilollol'llble Courl lo nwnrd cuslody or the minor
chi Idrcn lo her,
The pluintifr prnys for such lither rcllcf ns mny be JURt nnd proper,
Ilespcct fully Hubmi tled,
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J.EGAI, SERVICES, INC.
H Irvinc Row
enr I i H I c, PA 1701.1
(717) 24.1-9400
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CHERYL A. MORROW,
Plaintiff
for hersel f on behalf of
her minor children:
AMANDA K. MORROW,
ALLISON A. MORROW, and
DEAN M. MORROW,
vs.
GAWIN B. MORROW,
Defendant
) IN THE COURT OF COMMON PLEAS
)
) OF CUMBERLAND COUNTY,
)
) PENNSYLVANIA
)
) CIVIL ACTION - LAW
)
) NO. 96-1920 CIVIL TERM
)
) PROTECTION FROM ABUSE AND CUSTODY
)
PETITION TO MODIFY CONSENT AGREEMENT AND ORDER
I. The petitioner herein is the Defendant, Gawin B. Morrow. The Respondent is the
Plaintiff, Cheryl A. Morrow.
2. By a Consent Agreement dated 19 April 1996 and a Protection Order dated 24 April
1996, this Court, inter alia, awarded custody of the children, set a schedule of temporary custody,
and ordered the Defendant to stay away from the marital residence then occupied by the Plaintiff.
Copies of those documents are attached hereto and marked as Exhibit A and B.
3. Since the entry of those Orders, the circumstances of the parties have changed in such
a way as to justify and require a modification of those Orders. Specifically:
A. The Plaintiff has removed herself from the residence at
319 West Creek Road in Newberg, has nbandoned that property, nnd
has tnken uJlrcsidence in or nenr Hollidnysburg, Pennsylvania.
B. The Plaintiff has, without regard to the Defendant's rights
of legal custody regnrding the parties' minor children, removed those
children from the schools they have nllended nnd removed them from
their home.
C. Plnintiffhas removed the children from Cumberland
County and plnced themnt such n dislnnce that the Defendant cannot
have his periods of temporary custody as required and contemplated by
the Consent Agreement and Protection Order.
D. The Plaintiff has repealedly taken actions to estrange the
parties' children from the Defendnnt, has attempted to injure the
opinion of the children as to the Defendant, and hns repeatedly
attempted to hamper the free and natUl'al development of the children's
love and respect for the Defendant.
4. Defendant requires access to the family residcnce at 319 West Creek Road in
Newburg so that he can secure and protect the property, so that he can occupy it to maintain
insurance coverage, and so that he can have free access to the offices in the building where his
business operates.
5. The actions by the PlailllifThnve been taken without regard to the welfare of the
children and of their relationship with the Defendnnt.
(IIIMINAL COMPLAINI
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INC, IOENT NUMBERIUCR NO'IOTN
112-880230 " ,
IPOllcn
:OMI~LAINT NUMBER /VEAR TVPE
CIII1IIILIUlI Numh.." II Olhll 1'."IIClI"I11\
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Glenn IL FAlWEll
DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO, 09 - 3 -(H
5002 Lenker St..,
Mechanicsburg, Pa. 17055
I, 'riJr. James R. IHLSON 01553
',\""11' "/ll/ill"'1
,01 Pa. State Police,Carlisle, Pa.
,idffl;ji)~/('f'ol';;"r'" n. ""Oh) "'/'''''''11,.'1/ 11111//1"/"1 "' 11I"',1.. IUtIIl1
COMMONWEAL TH OF PENNSVLVANIA
Illll Nll"'''jf V5.
~M" r-Gawin Boyd MORROW
"~II 3 25 Ii. Creek Rd.,
"""'" ss Newburg, Pa. 17240
)
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DOB-01/15/55
SSN- 206-38-88010
do hen~by stutu:
III [1 I U{'{'Wil' 1Iw uhovt, nUl1wd dl,rl'lHlanl, who hVllS at 1111' llddft,~s ~l't forth ahnv(' or,
{J I all'UM' an IIIdividual whOM' 111111l1' IS unknuwn lo 1111' hUl who IS dt''il'nlwd as ,____
,
[] hiS ni('knanw or popular dl'si~l1ullOn is unknown to 111.. :lIld, llwn.roII', I havl' dl'sll.,rnatl'd hilt1lwrI'in as JU.t..'" Dllt';
wltl'vllIlalll1'i 1I11'..J1I'llallaws of 1111' CllmlllOl1Wl'allh IIf 1"'llllSylvalllll alJ 19 Ii. Creek Rd., Newbur,j
., HO~eWQ 1 'J.'Wp., d'/.J"I""lII'0IIS14h,/HI1I'"'/
, '-,u--h------CUmb-'n'Tana---,,-., -- ','I'.'057ia796, 1015-1030 hrs.
----.----.-----.. In ____.._. .__. _. ._. _.uu___Olltll} on or IllOUI___..___
1.:lrlll'IIJjI111~ \\'I'rl' 'It """,- Ioj",' 1'01"" ,,101"11 II/ol," "1"10 1101"""'''''1". "/" oltOh' /1" ".,'" ,/ """..' ,1"'OT,',m'
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'1'111' lIels committed hy lIw accusl'd \\Wt'{A) INDIIlECT CRHIINAL CONTENP'r- The
defendant did violate the order issued under The Protection From Abuse
Act F.R. 1992-512 dated 06/04/92, bi the Court Of Common Pleas of
Cumberland County. The P.F.A. No. 96 - 1920 civil Term was issued By the
Honorable Geroge E. HOFFER 04/201/96.
PROBABLE CAUSE: On 05/18/96 the defendant did contact the victim a one
Cheryl A. NORRO\~ at 319 N. Creelt Rd., in !lo:Jellell Twp., Cumberland
Co. Pa. and he did harass the victim and did attempt to enter the home in
continued harassment all in viOlation of the P.F.A as set forward in the
civil action 96-1920 Civil Term. 'rhe defendant has received a co!'y of
this order and knows of its restriction. The victim has given a written
statement to these facts and it is attached to this complaint.
Based on this information the defendant was arrested, as char~ed.
,lillf whll'h I'WI' IIgnill.lllll' lll'acl' IIlld dih~lIly IIf till' ('ornrnollw,'alth of 1"'IlIl.~'I"lIllllllllld ('ol1lrnry 10 till' "('I of "s't'mllly.
" rn vlollIlllIll ofChp. fi 1 P~." 1 IIlul of th,' ..\,'1 of _.Tit.llL.Z;th. c. s.
"\,',11,,,,, ..\,."I,.,rt..".
'. till' nnm"st.i.c.-1lp',,~ i ni'\bdllllll11'I' of -CommOIUUl" 1 ~h of Penl1.L
""""I,".J/.\II.",lIllll''''
(3) I ask Ihlll a wllrrnnt of arresl or a summons he issued 111111 Ihlll Ihe 1Il','used be required 10 IInswer till' charges
[ hllvc mlldc,
(01) I, verify thlll Ihe fill' Is .el fllrlh in Ihis "llm"llIint are Irue IInd l'orrel'llll the h".t of my knllwledg,'or infor.
mlltion and belier. This I'criricalilln i. mildI' suhje"l 10 11ll' "cnnlties of S"l'lilln ,19001 of the Crimes Code
(18 I'll, ~,S~fiol90ol I relllling tll unsworn falsificlllilllllo III";JthOri .s,
._.d_!_ /!. ---_,195,<. ~-C- -t';;L. _ .l?~~J,__
IS'~'llltl'" .'f \ ({willi
ANIl NllW. 1111 thi., j~ J 'b/ . I!/lj,. Il'erril\ tlll'R'~'I;'illt hilS ,",""11 IHo"erll' ,'orn"h.tt'd alld
1'I'r1fll'd. and Ihllt IIll'n' I. ",obahh' ('III1s!' for Ih,' I'SIIIII1l'" .,1' I""~' _ I /}:----e ,
c::q- :~ .-(> l/ ~ III. I n l77l/tW: '1,."".. ,
-.J.
NUMBER I
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CHERYL A, MORROW,
Plaintiff
for herself on behalf of
her minor children:
AMANDA K, MORROW,
ALLISON A, MORROW, and
DEAN M, MORROW
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IN TIlE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO,lJ6.1920 CIVIL TERM
vs,
GAWIN B, MORROW,
Defendllnt
PROTECTION FROM ABUSE AND
CUSTODY
h OIU)I-:!t
AND NOW this I ~ tiny of ~
1997, IIponthe request of both parties, the
hearing scheduled in this malleI' for JlIllnlllY 8, 1997 is hcreby conlinncd to 1:30 P,Ill, on
Wednesday, February 19, 1997, before lhc nndersigned,
BY TilE COURT,
J.
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Plaintiff
: Ili TIlE COURT OF CONNON PLElIS OF
:CUJ.WERLJIND COUNTY, PENNSYLVANIA
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V
:CIVIL ACTION - LAr~
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(J~~JI(\ I~), \ '1 (~I r C'b~[endant
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:NO.I'i,)() CIVIL
: CUS7'ODY /VISITATION
19' Ie,
ORDER OF COUR'l'
AND Nor~, tllis (date) ',/ :'~/("I, upon consideration of the
attacllod complaint, it is lIereby directed that tllo parties and
tlleir respective counsel appear before 11,1"," I y, ( "I, (hi, l~ \'[, ,
the conciliator, at Lj\"rl (rnhUll(' \~"1, (,1\\1 ",1" '\1\ \'IJ~\-I {(L,I{.,(I\',e
on the'~ day of , \, 01\, I , 19'1"{ , at Ill', ',(', -
/\ . M., for a Prehoaring Custddy 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 vy the court, and to enter into a tempora~ order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children'S attendance is
not mandato~. Failure to appear at the conference 'may provide
grounds for entry of a temp~ra~ or permanent order.
FOR THE COURT:
BY:-'~ 1 O,-r ), .l ,c;:QJ)t LhJ11 .r
Custody Conciliator ,'11':,)
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717) 240-6200
CHERYL A. MORROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
.
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GAWIN B. MORROW,
Defendant
:NO: 96-1920 CIVIL TERM
: IN CUSTODY
Prior Judge: George E. Hoffer
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 children who are
the subject of this litigation is as follows I
Amanda Morrow, born August 9, 1980; Allison Morrow, born
September 8, 1983 and Dean Morrow, born July 29, 1986.
2. A Conciliation Conference was held on September 3, 1997, via
telephone conference with Attorney Samuel W. Mi1kes, for the
Plaintiff, and Attorney Samuel L. Andes, for the Defendant.
3. The parties are at odds and a hearing is necessary. The
Conciliator recommends an Order in the for.m as attached.
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