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HomeMy WebLinkAbout03-0062JEFFREY TODD MORRISON and SANDRA C. MORRISON, PLAINTIFFS VS. DENISE ELLEN MORRISON, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ._ : NO.C~ ~,.~,,. CIVIL TERM .. : CIVIL ACTION - LAW : IN CUSTODY 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 1-800-990-9108 JEFFREY TODD MORRISON and SANDRA C. MORRISON, PLAINTIFFS VS. DENISE ELLEN MORRISON, DEFENDANT .' IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA .. : NO. C)3 .-/,,,,9.,, CIVIL TERM .. : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, come the Plaintiffs, JEFFREY TODD MORRISON and SANDRA C. MORRISON, by and through their counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and file this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is JEFFREY TODD MORRISON who currently resides at 158 Stone House Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Plaintiff (hereinafter sometimes referred to as "Paternal Grandmother") is SANDRA C. MORRISON who currently resides at 158 Stone House Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Defendant (hereinafter sometimes referred to as "Mother") is DENISE ELLEN MORRISON, who it is believed presently resides at 1010 Opossum Lake Road, Newville, Cumberland County, Pennsylvania, 17241, c/o Dennis Hamilton. 4. Plaintiffs seek Full Legal and Primary Physical Custody of the following children: Name KAYLEE MARIE MORRISON DYLAN ANDREW MORRISON Present Residence 158 Stone House Road Carlisle, PA 158 Stone House Road Carlisle, PA Date of Birth February 28, 1988 August 4, 1992 5. Kaylee Marie Morrison was born out of wedlock. Dylan Andrew Morrison was born of the parties' marriage. 6. The children are presently in the custody of the Plaintiffs, who reside at 158 Stone House Road, Carlisle, PA. 7. For the past five (5) years the children have resided with the following persons at the following addresses: PERSONS Father (with Mother coming and going for 13 years) Father, Paternal Grandmother and Grandfather ADDRESS 249 West Ridge Street Carlisle, PA 158 Stone House Road Carlisle, PA DATES 13 years to March, 2002 March, 2002 to Present 8. The Mother of the children is the Defendant, Denise Ellen Morrison, who currently resides at 1010 Oppossum Lake Road, Newville, Cumberland County, Pennsylvania, 17241. The Mother is divorced and currently resides with various unknown parties. 9. The Father of the children is Plaintiff Jeffrey Todd Morrison, who currently resides at 158 Stone House Road, Carlisle, Cumberland County, Pennsylvania, 17013. The Father is divorced and single. 10. The Paternal Grandmother of the children is Plaintiff Sandra C. Morrison, who currently resides at 158 Stone House Road, Carlisle, Cumberland County, Pennsylvania, 17013. The Paternal Grandmother is married to the paternal grandfather, Richard L. Morrison. 11. The relationship of the Defendant, Denise Ellen Morrison, to the children is that of the Natural Mother. Mother currently resides with various unknown parties. 12. The relationship of Plaintiff Jeffrey Todd Morrison to the children is that of the Natural Father. Father currently resides with the children, the Paternal Grandmother, and paternal grandfather, Richard L. Morrison. 13. The relationship of Plaintiff Sandra C. Morrison to the children is that of the Natural Paternal Grandmother. Paternal Grandmother currently resides with the children, Father, and her husband, the paternal grandfather, Richard L. Morrison. 14. The Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. Plaintiffs have not participated as parties in any prior custody agreement concerning the custody of the children in any other court in Pennsylvania. 16. Plaintiffs have no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 17. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Father has always been the primary caregiver and responsible parent for his two (2) children; B. Father and the children have a close physical and emotional bond with each other, as does the Paternal Grandmother and the children; C. Mother has an addiction to alcohol and illegal substances and is frequently with different paramours. During these times Mother completely neglects the children and their needs; D. After the last period of time in their Mother's care, the children were in such an extremely filthy environment, without food, clean clothes, without any of the daily necessities of life, Paternal Grandmother worked with Cumberland County Children and Youth to bring the children into her home on February 18, 2002; E. Mother has had minimal contact with the children since February 18, 2002, and canceled seeing the children numerous times on the Christmas holiday, until Father took the children to the Mother's parents' home, where Mother apparently saw the children for a few hours; F. The children are afraid of their Mother's lifestyle, the environment at her residence, and individuals the Mother cohabits with. The children do not want to be with her; G. Father and Paternal Grandmother do not believe the children are physically, psychologically or socially safe when in their Mother's care; 18. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiffs, JEFFREY TODD MORRISON and SANDRA C. MORRISON, request this Honorable Court award them FULL LEGAL and PRIMARY PHYSICAL CUSTODY of the minor children, KAYLEE MARIE MORRISON and DYLAN ANDREW MORRISON. Defendant, DENISE ELLEN MORRISON, shall have PARTIAL PHYSICAL CUSTODY of the children. Dated: January ~_, 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Cand{ello,X~squire Counsel for P4~tiffs ) PA I.D. # 64998 ~ 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of their knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. DATED: /~t/~ O,/~ 1~ JEF~ffI~ ff"ODD M~)RRISON SANDRA C. MORRISON JEFFREY TODD MORRISON AND SANDRA C. MORRISON PLAINTIFF DENISE ELLEN MORRISON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-62 CIVIL ACTION [,AW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Tuesday, March 11, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effbrt 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. FORTHE COURT. By: /s/ Dawn S. Sunday, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JEFFREY TODD MORRISON : AND SANDRA C. MORRISON, : Plaintiffs : vs. : 03 -62 DENISE ELLEN MORRISON : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I"' day of t~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The paternal Grandmother, Sandra C. Morrison, the Mother, Denise Ellen Morrison, and the Father, Jeffrey Todd Morrison, shall have shared legal custody of Kaylee Marie Morrison bom February 28, 1988, and Dylan Andrew Morrison, born August 4, 11992. Each party shall have an equal right, to be exercised jointly with the other parties, 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 this paragraph each party shall be entitled to all records and information pertaining to the Children including, but :not limited to, school and medical records and information. 2. The paternal Grandmother shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children every Wednesday from 4:00 pm until 7:00 pm, beginning March 26, 2003 and on alternating Sundays from 1:00 pm until 8:00 pm, beginning March 30, 2003. 4. The Father shall have partial physical custody of the Children as arranged by agreement with the paternal Grandmother. The Father's periods of partial custody shall not be scheduled during the Mother's partial custody schedule. 5. The parties shall share having custody of the Children on holidays as arranged by agreement. 6. The parties shall strictly abide by the times specified for exchanges of custody under this Order. 7. Unless otherwise agreed between the parties, the party receiving custody of the Children shall be responsible to provide transportation for the exchange. 8. The parties shall ensure that the Children attend all regularly scheduled activities during each party' s periods of custody. 9. The parties agree to abide by a 9:30 pm curfew on weekdays and an 11:00 pm curfew on weekends for Kaylee. The parties agree to cooperate and communicate in enforcing the agreed upon curfew limits. 10. Within six months of the date of this Order, counsel for .any party may contact the conciliator to schedule an additional conference if necessary to review the custody arrangements. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Jo cc: Susan K. Candiello, Esquire - Counsel for Plaintiff's Jane Adams, Esquire - Counsel for Mother JEFFREY TODD MORRISON AND SANDRA C. MORRISON, Plaintiffs VS. DENISE ELLEN MORRISON Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-62 C1VIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMA/RY 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylee Marie Morfison Dylan Andrew Morrison February 28, 1988 August 4, 1992 Grandmother Grandmother 2. Initially, a Conciliation Conference was held in this matter on March 11, 2003, with the Plaintiff Father and paternal Grandmother, with their counsel, Susan K. Candiello, Esquire in attendance. It was determined at that time that, despite extensive efforts by counsel, the Mother had not been served with notice of the conference. As the conciliator was able to contact the Mother through her cell phone number, the conference was scheduled to reconvene at a later date to permit the Mother to obtain counsel and participate. 3. The Conference reconvened on March 25, 2003, with the following individuals in attendance: The Father, Jeffrey Todd Morrison and the paternal Grandmother Sandra C. Morrison, with their counsel, Susan K. Candiello, Esquire, and the Mother, Denise Ellen Mordson with her counsel, Jane Adams, Esquire. 4. Much to their credit in difficult circumstances, the parties acknowledged the vital necessity of their commitment to developing mutual communication and cooperation for the Children's benefit. 5. Pending further Order of Court or agreement of the parties, the parties agree to entry of an Order in the form as attached. Date Custody Conciliator