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HomeMy WebLinkAbout97-04636 , . '/' _I Ibblll ?, 00\1 :')' . !I , , , - - ~ ~; ;p s ~I a ~~ ~ ~ ,H I ~ a W,f' . ~ ..; ~ . ~: 5l ~,~ . 'P;j . ~ 2l ~~ ~ji~ ~~ H :Q <T I:l ~ ~ ~~ ~ ::I: . tJ) ""' ~ t-.~ GJ ~ ~;8 N ~ , n . ~~ n H 'lJ'S' >< ~ ~~ ~ t:i'" ~; W. - ~ /, !i;:O '" ~I" , 1"'.' ,,I '., I', ,I I" ", " , ~ . n ~ _: ,I) ,.1 .:~ , , ..I I',' ...J () ,\ . / "oj .~ I" , ' ';J :() ',,+1 ; J ~ I \ ::1 ,J.. I,::> ,~ .~." ~., ' - . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MA'l"I'HBW BOOKER, JR., I CIVIL ACTION - LAW Plaintiff I I v, I NO. 97-4udvl CIVIL TBRM I LORI L, LISK, I Defendant I CIVIL ACTION - CUSTODY AND NON, <h1. ~ d.y of conBideration of Plaintiff'e petition , 1997, upon r Emergency Relief, ., he~~'-J lw Q~n~uv~5~ rv~ , 1997_ at ..,.. r---4* G.-...UQQII Ko._ , C~'mhlilrlAnd ;t: Courthnna.o. .carl.:LalQ,,-~nn~_ ~ ~"../). BY THE CDDRT, ~ountv J. ~-2--n C~P9 ~d...t/l l~ , \~ (!-I.A..L U ~,..L1t '-.0 ~{tJJ V~ ~~ (.~"6 C,~'lII'nlOWlOl"""""ll," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY/ PENNSYLVANIA MATTHBW BOOKSR/ JR./ I CIVIL ACTION - LAW Plaintiff I I V. I NO. 97- CIVIL TERM I LORI L. LISK/ I Defendant I CIVIL ACTION - CUSTODY AND NOW/ this OiliaR OP COUR'~ day of , 1997, upon the Petition for Emergency Relief, the Plaintiff, Matthew Booker, Jr" is awarded sole physical custody pending issuance of the Order of Court or Conciliation Conference. By the Court, J. c:,~~..........., IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BOOKBR, JR" Plaintiff CIVIL ACTION - LAW v, NO, 97- '/f., jl.,.CIVIL TERM LORI L, LISK, Defendant CIVIL ACTION - CUSTODY PBTITION FOR BMERGBNCY RBLIBF AND NOW, this 27th day of August, 1997, comes the Plaintiff, Matthew Booker, Jr., by and through his attorneys/ Hanft & Vohs, and files this Petition for Emergency Relief as follows I 1. The parties are the natural parents of the minor child, Kari Laughman, born December 9, 1995, 2. Plaintiff, Matthew Booker, Jr., through his counsel filed for primary custody on this date. 3, On July 31, 1997, Cumberland County Children & Youth Services received a referral from TresLlla Boyd, Children's Services, Brooklyn, New York, regarding the minor child, age 1 i. Ms. Boyd reported that her agency currently had said child in a foster home and the child's mother, Lori Lisk's, whereabouts were unknown. 4. Ms. Boyd reported that the child was allegedly brought to the 75th Precinct Police Department in Brooklyn, New York, by a friend of the mother's, "Bobbie Jo". 5. "Bobbie Jo" allegedly reported that she and the child's mother had "hitched' a ride with a truck driver from Carlisle to New York City. "Bobbie Jo' allegedly reported that Lori Lisk C,~nlO'NllO&D-""""'U"T New York City. .Bobbie Jo. allegedly reported that Lori Lisk left New York City with the truck driver and .Bobbie Jo. was caring for the child. 6, On or about July 29 - July 30, 1997, .Bobbie Jo. repor.ted to the New Yor.k City Police that she was no longer able to care for the child and requested that the child be removed from her physical custody. 7, On July 31, 1997, Tresilla Boyd, Children's Services, Brooklyn, New York, contacted this Agency and requested that Cumberland County Children & Youth take custody of the child since the child's mother resides in Cumberland County. B. On July 31, 1997, Ms. Boyd reported that he agency had contacted the maternal grandmother, but the maternal grandmother declined to assume responsibility for the child, 9. In March of 1997, Cumberland County Children & Youth Services was notified that Lori Lisk permitted Bobbi Jo Hutchison-McClure to take her daughter, Kari Laughman, to New York City. 10, On March 19, 1997, Cumberland County Children & Youth Services informed Lori Lisk that Bobbi Jo Hutchison-McClure had a criminal conviction for endangering the welfare of children. 11, On March 19, 1997, Lori Lisk reported that she would not allow Bobbi Jo Hutchison-McClure to take her daughter to New York City in the future or allow Bobbi Jo Hutchison-McClure to care for her daughter overnight or for long periods of time. 12, As of August 6, 1997, Lori Lisk has not yet contacted IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BOOKER, JR, I plaintiff I I CIVIL ACTION - LAW v. I IN CUSTODY I LORI LISK, I NO, 97- Defendant I CBRTIFICATB OF SBRVICB AND NOW, this 27th day of August, 1997, I, William C, voh8, E8quire, hereby certify that I have this day served the following per80n with a copy of the foregoing document, by depositing same in the United Statos Mail, Fir.st Class, postage Prepaid, addressed as follows I Joan E, Carey, Esquire LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 ~~ W li_ C \'t...". Attorney 10 No, 65208 11 West Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 ._~ l661 R Z 9n'l) , , (5 . . ; ~ , , .' . ., . :, , , , ~ ~ ~ -, ~ ~ ~"'" ~ ~" ~ I~ ;g~ . ~r <; '" . r "'" ~ ~! ~ ;:.j ~~ [~ ~il~ -t ~ ..J::. ~8 ~~ ~~~Ao p' ~~ b ~~ .. ()..\ "' <:1 Cj m s: < ;g , ~ f;j~ .... w ~ ~ 0 ~ ~ !!! :z: . n " ~ ~ en ... , .... ~~ <: N n ~ c:: ~ ~ VI"" ~~ t;; <' .-. ~ ' S;~ ~ () n ~ .0 , _I C) \I: " ti:. ~ , 9'" ;1 I' ," ;1 01 VJ ,. ,T] ~ r-.,) ,.. " "~ \J1' ,'" ~ ,~j , -J ' J .' .JJ ~,~ '~ 9.) "' VI ':,}( lJ) 0 . .- i:jl', .. " ::') ti~J .~ :.;! t1' :r~ 1- IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA MATTHBW BOOJ<BR, JR, I Plaintiff I I CIVIL ACTION - LAW v. I IN CUSTODY I LORI LISK, I NO , 97- %1lc C\,...J:' 1 \li\l'1 Defendant I ORDBR OF COURT AND NOW, this ~'5 day of'W( '\('(1 ,ber- , 1996, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel shall appear before HIe hClc." \ l ' 1."1..\ "J. \, r ,(\, , the Conciliator, at') " .. \" , .J ~,,"\ , ~ t . - -)(~ on the \ (0 day of \ ,\ \' ,\" . ( , 199 at:..1LW ).m, 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 accompliahed, to deUne and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, BYI_JIl.v:::(\() ...'J ,J.P"njn~~. Custody Conciliator I ' 1 .) The Court of Common pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 SHO~LD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THB OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 (',~~NIl.VI1UOYCOW " tf.~ ~I I/.~, ~I 1/' ,f ,f) , I \1 ('I' 1:1.11;.('1 '~I I ," 1'1/1\1 , I,ll el7 SFP .. .'1 'J' "I , ~ ,I ! , CLJ~I','.!.._1 I, 11'~I"''''''I.' . 1" \. h)l, l!"IY J(,I. djPj ;;I~ ~,~~tJ~ 'Jb~t ,.';4/ ~ 0; &~ +P"tku"-.. 7'1.~~, , ' , , it I,.," " " " ;I, !.J' , !, , , , " , , " " , , " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BOOKER, JR, , Plaintiff I , CIVIL ACTION - LAW v. , IN CUSTODY , LORI LISK, , NO, 97- 4t!l3lv C'u,vJ) TlU1,1) Defendant , COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 27th day of August, 1997, comes plaintiff, Matthew Booker, Jr., by and through his attorneys, HANFT' VORS, and files the following Complaint for Primary Custody and in support thereof avers as followt!l' 1. The Plaintiff is Matthew Booker, Jr., all adult individual residing at 176 Moore Street, Wellford, South Carolina 29385, 2. The Defendant is Lori Lisk, 89 B Street, Apartment B, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff seeks primary custody of the followinq child, lillm.!l Present Residence AWl 1 i years Kari Laughman 89 B Street, Apt. B Carlisle, PA 17013 Date Of Birth of Child, December 9, 1995 The child was born out of wedlock. The child is presently in the custody of Cumberland County Children' Youth Services. C,~WllXJUI.lIoCW1'OOY.COM The mother of the child is the Defendant, who last resided at 89 B Street, Apartment B, Carlisle, Cumberland County, Pennsylvania 17013. She is not married, The father of the child is Plaintiff, who resides at 176 Moore Street, Wellford, South Carolina 29385. He is not married. 4. The relationshi~ of Plaintiff to the child is that of father. The Plaintiff currently resides with his parents, 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides at an unknown looation. 6. Plaintiff has not partioipated as a party or witness, or in any other oapacity, in other litigation ooncerning the oustody of the child in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or any other court. The Plaintiff does not know of a person not a party to the prooeedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because. a) The Plaintiff is the natural father of the minor child, b) The Plaintiff is ready, willing, and able to provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; C,~.1DiI 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BOOKER, JR, I Plaintiff I I CIVIL ACTION - LAW v, I IN CUSTODY I LORI LISK, I NO, 97- Defendant I CBRTIPICATB OP SBRVICB AND NOW, this 27th day of August, 1997, I, William C, Vohs, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing document, by depositing Bame in the United StateB Mail, First Class, Postage Prepaid, addressed as follows I Joan E. Carey, Esquire LEGAL SERVICES B Irvine Row Carlisle, PA 17013 HANFT & VOHS ~v~.qui~ Attorney 10 No. 65208 11 West Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 ~'COM , 6 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97.4636 CIVIL TERM MATTHEW BOOKER, JR" Plaintiff Defendant CIVIL ACTION-LAW IN CUSTODY LORI L1SK, ~ RD AND NOW, this ~ day of . , 1997, the attached Stipulation and Agreement Is hereby made an Order of Court and all prior Orders on this matter . are hereby vacated, BY THE COURT, J, , , " , " ',', " I , I as the parties may from time to time agree, 4, The parties will keep each other advised Immediately relative to any emergencies concerning the child and shall further take any necessary steps to Insure that lhe health and well being of the child Is protected, 5, Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for lhe olher party, 6, Any modification or waiver of lha provisions of this Agreement shall be effective only if made in writing and only If executed with the sar.1e formality as this Stipulation and Agreement. 7, The parties desire lhat this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, 8, The parties agree thaI in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other, 9, The parties acknowledge that lhey have read and undersland the provisions of this Agreement. 10, Each party acknowledges lhat the Agreement Is fair and equitable and that it is not the result of any duress or undue influence, IN WITNESS WHEREOF, the parties hereto Intending to be legally bound by the I I , I ~ p t .. C) ~ l\..~ '~ ,'t I , II , , 1'\ , " ;,' ,. . I " " " '" l'/ \,,) r: -.1 q " 'q ..,~ I '':")1 I fl/:/ , ' ') " .,.~ ", , ' , _" " I- :L.; 11.1\ " -::1 'd l (ro. . J ,- I ,."F .~: " ., , I \ .1', .. I _.;1 :', '. P) ~t.l ~; ,I " ~ II,}., /91' C~,.d (~'f'/ ,",,';n' {~et ~/c, A'i'i''? I S?,W(I.,) pi;). / fyp - .I/..Jc.,./,t. \ lilt> i {ref -Io~rr pjJ.,f;,;' ~ f!..vfY pl'olc.(,'( ,0 f)j/y ~,{?Ir... , , .I; ~ .~~ I.... , 1.1. ~\. " .. 1/'. - .- ,-~ ~ '': 1.;1; f:' .:r., ( " ".~ 1 ' " , , I" :11 ~'\j , ir:1 f_j !~ ' rli!.! I ..OJ.: ; I-'~ I ' ~ (":'1 '3 1',.'; u' ( " ) i' , , , , I " " 'j _I, " " , , " , , " I 'J' , , , " ' , as the parties may from time to time agree, 4. The parties will keep each other advised Immediately relative to any emergencies concerning the child and shall further take any necesssry steps to Insure that the health and well being of the child Is protected, 5. Neither parent shall do anything which may estrange the child from the other party I or Injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party, 6, Any modification or waiver of the provisions of this Agreement shall be effective only If made In writing and only If executed with the same formality as this Stipulation and Agreement. 7, The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County. 6, The parties agree that In making this Agreement, there has been no fraud, concealment, overreachlng, coercion or other unfair dealing on the part of the other, 9, The parties acknowledge that they have read and understand the provisions of this Agreement. 10. Each party acknowledges that the Agreement is fair and equitable and that It Is not the result of any duress or undue influence, IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the The above-named plaintiff, Lori Lisk, verifies that the statements made in the above Petition arc true Rnd correct, The plaintiff understands that fulse statcments herein arc made subject to the penalties of 18 Pa. C,S, g 4904, relntlnK to unsworn falsification to authorities, Date: 8'(2-4~ (Arnll~Jt- Loti Llsk, Plaintiff , I , , , " " , " I, " ,'''', , , " " , '" I', , ' I , " ,/ , '. " d " (,'') "';1 n ~[,; ,UJ "11 " ,~ .I .~J.I I il ;;'), "n < I"j.; , I, "g '.. l~.t )1', .,; J,.., , , "'? I., , '11 , I " " :i,. 'I"~ . " '{ ) -', ":2 J." , !-I C) .., " ~... r :n ;1.,. , , '''1 ',~- ~ ", " , , , , ,i " i,j In the parties entering a stipulation lor ~ustody dated October 20, 1997. Father indl~ated that he obtained custody because Mother had IIBegedly abandoned the child with some care giver in Ncw York. FlIthcr indicatcd that hc arrangcd lor the child to be brought here in Scptcmber. 1998, hut did not suggestthut it WIlS 10 be u permanent arrangement. He suys that the Mother hus refused to return the child to him despite the previous Order entered in this case indicating that he has primary custody. Father in the meantime has moved Irom South Carolina to Nevada. 6. The Defendant's position on custody is as lollows: An Order was entered in August, 1997, following a dependency hearing at which Mother was not present whereby Father was given custody of the child. A stipulation was entered into by the parties on Octobcr 20.1997, whereby Father had primary custody of the child subject to periods of custody with Mother as agreed upon. Mother indicated that from August. 1997. to September. 1998. she saw thc child only one time lor a period of two weeks. She indicates that she repeatedly tried to contact Father but that Father would not provide her with any additional time. Ultimately in September. she suggested that the parents of the Father brought the child to her because she alleges that the Father was not actually taking care of the child and she has had the child ever since. She wants primary physical custody of the child. She has raised several issues regarding the fitness of the Father. 7. Need lilr separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this mailer will take one duy. , , , , " " i I , ., I' I, , I I', ! " "1 'i "I " , , " 'I,' ./ l.I.i\':' ,:/\11.:. I.J (~:, , i '~,!' \!r~) '" oU t!: 'I'; "'.. UG ;~~:!'16G AW1".~ :.'..... .., il :10 201:LiO-\i31i:i " " " , I,", ., I , f',.; I" f'" i ~, , '" '" , , ' '. " , , " , I I J' II, '''r,11 ;, '1\. tH \, , , " I', " " , , " 1\:,1 :\}J Jr'" " ;.' !, I' -1,-.;' , , , '., ~~ I , .!I;o, ".1,,,.;; ",~.~ , ;). 1- " , , ., I' " .' '",i,'(,.'N,J! t ". """\"()'l.' ,.. ,1,\, " rs iJ '[,"J (l;~~; 11 (.:f; I, . , " '" 'i' " , father providing for and paying the cost of the transportation for this period of custody. d. Other times agreed upon in writing by the parties, 4. The mother and father, by mutual agreement, may vary from this schedule at Any time, but the Order shall remain in effect until further order of court. 5. Transportation for the periods of custody in paragraph 3(a) and 3(~) ~bovc chul: he cfE~c~uated B~:t ~haL th. father shall be responsible for 75\ of the transportation, be it the cost for providing some type of mass-transit or actual driving, and the mother shall be responsible for 25\ of the transportation be it the cost for providing mass-transit or actual driving, The father shall contact the mother at least sixty days prior to his period of custody and arrange the manner of transportation, The parties shall contact the mother at least one week prior to the transfer date to insure that the specific transfer arrangements are made as to the place and time for the transfer that is in accordance with the terms of this Order. 6, The mother and father shall keep each other informed as to that parent's current address and phone number. 7, The mother and father shall allow liberal telephone contact with the child and the non-custodial parent, If either parent takes the child away from the home for an extended period (a period including two or more overnights), that parent shall not j fy the oth'~r parer:t r:,f ': he o?ddreAs and telepho1'\E' n1lmber where the child can be reached. 8, The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. Neither party shall do anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or which may hllmper the free and